Page images
PDF
EPUB

Fund Board in consequence of their Connexion with the said Irish Reproductive Loan Fund Institution, shall at any Time raise, take up, hold, or lend out under the Provisions of this Act any Monies, Goods, or Effects other than those of the said Irish Reproductive Loan Fund Institution, then and in every such Case every such Person or Member of such Society, and every Officer, Clerk, and Agent thereof, and every other Person who shall aid or assist therein, shall for every such Offence forfeit and pay any Sum not exceeding Twenty Pounds, to be recovered as herein-after mentioned.

Loan Societies

be certified and

Benefits of

5&6 Vict. c. 75.

LIV. And be it enacted, That all Societies now or hereafter Monts de Piété to be formed for the Purpose of establishing, supporting, or to be deemed conducting Monts de Piété or Charitable Pawn or Deposit within this Act, Offices, at which Money may be lent to the industrious Poor and to cause upon Pledge in Ireland, shall be deemed Loan Societies within their Rules to the Meaning of this Act; and all and every the Powers and entitled to Authorities hereby vested in the said Loan Fund Board for the Purpose of superintending and controlling Loan Societies in Ireland, and for enforcing the due Observance of their Rules, and the Provisions of this Act, shall extend to and shall and may be exercised in respect of all such Charitable Pawn or Deposit Offices, and the Societies or Persons by whom they have been or may be established, and the Trustees, Conductors, Managers, Officers, Clerks, and Servants thereof respectively; and the Rules framed for the Management of all such Institutions shall be certified by the Secretary of the Loan Fund Board, within the same Period, and under Pain of the same Disqualifications and Penalties, as are herein provided with respect to the Loan Societies; and all and every other the Clauses and Enactments herein contained, so far as the said Loan Fund Board, having due Regard to the legitimate Objects of such Charitable Pawn or Deposit Offices, shall deem it expedient to apply them, shall extend and be deemed and construed to extend to such Charitable Pawn or Deposit Offices as aforesaid, and to all Persons interested therein; and that all such Societies formed for the Purpose of establishing, supporting, or conducting such Charitable Pawn or Deposit Offices, the Rules whereof shall be duly certified under the Provisions of this Act, shall be entitled to all and every the Benefits, Privileges, Exemptions, and Advantages which by an Act passed in the last Session of Parliament, intituled An Act to remove Doubts touching 5&6 Vict. c. 75. the Law relating to Charitable Pawn or Deposit Offices in Ireland, are conferred upon or declared to belong to such Institutions or Societies established for the Purpose aforesaid as shall have complied with the Provisions of the said recited Act of the Sixth and Seventh Years of the Reign of His late Majesty.

LV. And be it enacted, That all and every the Penalties Recovery of Peand Forfeitures by this Act imposed shall and may be recovered nalties imposed in a summary Way, on Conviction before a Justice or Justices by the Act. of the Peace in Petty Sessions for the County or Place in which the Offence shall have been committed, together with the Costs of the Proceedings for the Recovery thereof, the Amount

whereof

Penalties may
be levied by
Distress and
Sale of the

Goods of Offender.

Summons, In.

formation, and

Conviction for
Recovery of
Penalties may

be in the Forms
given in the
Schedule to
the Act.

Members of

Loan Societies Witnesses, and not precluded from acting as Justices in any Proceeding under this Act.

to be competent

If Action

brought for any

Trespass, &c. done in Execution of the Act, Plaintiff not to

recover after

whereof shall be fixed and ascertained by the Justice or Justices before whom such Conviction shall be had; and every such Penalty or Forfeiture, when recovered, shall be paid to the Secretary of the Loan Fund Board, and be paid by him into the Bank of the Governor and Company of the Bank of Ireland to the Credit of the said Loan Fund Board Account, to be applied and disposed of in furtherance of the Objects of this Act in like Manner as the other Monies hereby directed to be lodged to the Credit of the said Board.

LVI. And be it enacted, That all and every the Penalties and Forfeitures imposed under the Authority of this Act, together with the Costs of all Proceedings for the Recovery thereof, may, in case of Nonpayment thereof, be levied by Distress and Sale of the Goods and Chattels of the Offender or Person liable to pay the same, by Warrant under the Hand or Hands of the convicting Justice or Justices or any of them, or any other Justice or Justices of the Peace for the same County or Place.

LVII. And be it enacted, That any Justice or Justices of the Peace before whom any Information shall be laid in Writing against any Person, or before whom any Person shall be convicted for any Offence under this Act, may cause the Information, Summons, and Conviction to be drawn up according to the Forms respectively given in Schedule (C.) to this Act annexed, or any other Form to the same Effect, as the Case may require; and in any Information, and in every Conviction for any Offence contrary to this Act, it shall be sufficient if the Offence shall be stated in the Words of this Act.

LVIII. And be it enacted, That on the Trial of any Action, Indictment, or other Proceeding respecting the Property of any Loan Society, or in any Proceedings before any Justice of the Peace, any Trustee, Manager, Member, Officer, Clerk, or Servant of such Society shall be a competent Witness, and shall not be objected to on account of any Interest he may have in the Result of such Action, Indictment, or other Proceeding; and no Justice of the Peace who shall be a Trustee or other unpaid Officer or Member of any Loan Society shall be thereby precluded from adjudicating in the Matter of any Loan sued for by or on behalf of such Society, or of any Penalty or Forfeiture incurred under this Act, or from acting as such Justice of the Peace in any other Proceeding whatsoever under this Act; and in any Action, Suit, Complaint, Information, or other Proceeding, Civil or Criminal, of what Kind or Nature soever, and wheresoever pending, which shall be brought or carried on by the said Loan Fund Board, or by or in the Name of the Secretary of the said Loan Fund Board, the Secretary or any other Officer or Member of the said Board shall be a competent Witness in support of such Proceeding.

LIX. And be it enacted, That no Plaintiff shall recover in any Action for any Irregularity, Trespass, or other wrongful Proceeding made or committed in the Execution of this Act, or by virtue of any Power or Authority hereby given, if Tender of sufficient Amends shall have been made by or on behalf of the

[blocks in formation]

Party who shall have committed such Irregularity, Trespass, or Tender of suffi. other wrongful Proceeding before such Action brought; and in cient Amends. case no Tender shall have been made, it shall be lawful for the Defendant in any such Action, by Leave of the Court where such Action shall depend, at any Time before Issue joined, to pay into Court such Sum of Money as he shall think fit, whereupon such Proceeding, Order, or Adjudication shall be had and made in and by such Court as in other Actions where Defendants are allowed to pay Money into Court.

Provision for

Places not in

cluded in any

Petty Sessions

Actions.

LX. And whereas there are some Places not included in any Petty Sessions District;' be it therefore enacted, That all and every the Proceedings herein directed to be had before and the Jurisdictions hereby given to the Justices at Petty Sessions District. shall and may in every such Place be had before and exercised by any One or more Justices of the Peace acting in and for such Place so not included in any Petty Sessions District. LXI. And be it enacted, That no Action, Suit, or Inform- Limitation of ation, of what Nature soever, shall be brought, commenced, or prosecuted against any Person employed in the Management of a Loan Fund acting or established under the Provisions of this Act, for any Thing or Matter done or omitted to be done in pursuance of this Act, or in the Execution of any Power or Authority under this Act, unless Twenty Days previous Notice in Writing shall be given by the Party intending to commence and prosecute such Action, Suit, Information, or other Proceeding to the intended Defendant, nor unless such Action, Suit, or Information, or other Proceedings shall be brought or commenced within Six Calendar Months next after the Act committed; and if the Plaintiff shall become nonsuited, or shall suffer a Discontinuance of his Action, Suit, Information, or other Proceeding, after the Defendant shall have appeared thereto, or if a Verdict shall pass against the Plaintiff therein, or if upon Demurrer or otherwise Judgment shall be given against the Plaintiff, the Defendant shall have his Costs as between Attorney and Client, and shall have such Remedy for recovering the same as Defendants have for recovering Costs of Suit by Law in other Cases.

LXII. And be it enacted, That in the Construction of this Interpretation Act the Words "Lord Lieutenant of Ireland" shall include the of Act. Chief Governor or Governors of Ireland for the Time being, and that all Words importing the Singular Number or the Masculine Gender only shall be understood to include several Matters as well as one Matter, and several Persons as well as one Person, and Females as well as Males, and Bodies Corporate as well as Individuals, unless it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction.

LXIII. And be it enacted, That this Act may be repealed by Act may be any Act to be passed in this present Session of Parliament.

repealed, &c.

SCHE

SCHEDULES to which the foregoing Act refers.

SCHEDULE (A.)

No. 1.

Form of Certificate to be granted by the Loan Fund Board to a Loan Society or Mont de Piété, to entitle the same to the Benefit of this Act.

This is to certify, That the Rules of the

Loan

Society [or Mont de Piété, as the Case may be,] hereunto an-
nexed, numbered
have been approved by the
Loan Fund Board, and duly certified to be in conformity to
Law, and that the said Society is entitled to all the Benefits of
an Act passed in the Session held in the Sixth and Seventh
Years of the Reign of Queen Victoria, intituled "An Act to
consolidate and amend the Laws for the Regulation of Cha-
ritable Loan Societies in Ireland."

By Order of the Loan Fund Board,
this
Day of

Signed

No.

Secretary to the Loan Fund Board.

No. 2.

Form of Promissory Note or Security for the Repayment of Money lent by a Loan Society.

On Demand we jointly and severally, or any Two of us, promise to pay to A. B., the Treasurer for the Time being of the Loan Society, at the Times and in the Manner prescribed by the Rules of the said Society, the Sum of Sterling, together with all Fines which may be incurred by us or any of us under the Rules of the said Society. Dated this

[ocr errors][merged small]

Day of

18

[blocks in formation]

Form of Debenture or Security for the Payment of Money lent to a

Loan Society.

This is to certify, That A. B. of

has this Day Loan

to be repaid out of the Funds

deposited with C.D., the Treasurer of the Society, the Sum of £

of

of the said Society to the said A.B., his Executors, Administrators, or Assigns, at the Expiration of Calendar Months after a Demand thereof in Writing shall have been made upon the Treasurer of the said Society, and to bear Interest until repaid at the Rate of per Centum per Annum, to be paid half-yearly [or otherwise, as agreed upon]; and it is hereby declared, that the said Principal Sum and Interest shall be a Charge upon and payable out of the Funds and Property of the said Society, and such Funds and Property only; and that the Treasurer and other Officers and Members of the said Society, or any of them, shall not severally or collectively be responsible for the Payment thereof from or out of any other Funds whatsoever. Dated this Day

[blocks in formation]

I

Form of Transfer of Debenture to be endorsed thereon.

the within-named Depositor [or "the Assignee of the within Debenture"], do hereby transfer this Debenture, with all Interest due and to accrue due in respect thereof, unto Witness my Hand, this Day of

of

18

[Signature of Person making the Transfer.]

Executed in the Presence of

and

of

of

N.B.-The Transfer is not valid unless it shall have been executed at the Office, and registered in the Books of the Society by which the Debenture was issued.

No. 5.

Form of Bond to be given by the Treasurer or other Officer of a Loan Society for the due Performance of his Office.

Know all Men by these Presents, That we, A.B. of Treasurer [or Clerk, &c.] of the Loan Society, and

and E.F. of

are

C.D. of jointly and severally held and firmly bound to G.N., Secretary to the Loan Fund Board established under an Act passed in the Session held in the Sixth and Seventh Years of the Reign of Queen Victoria, intituled "An Act to consolidate and

amend

« EelmineJätka »