Page images
PDF
EPUB

the due Per

XI. And be it enacted, That it shall be lawful for the said Treasurer to Lord Lieutenant in Council to direct that every such Treasurer give Security for as aforesaid shall enter into such new Security for the due Performance of formance of his Duties, by himself and Two or more Sureties, his Duties. by Recognizance in the Court of Exchequer, to such Amount as the said Lord Lieutenant in Council shall approve, or in lieu thereof shall make such Investment in Government Stocks or Securities as is now authorized by an Act passed in the Fourth Year of the Reign of His Majesty George the Fourth, intituled An Act to make more effectual Regulations for the Election, and 4 G. 4. c. 33. to secure the due Performance of the Duties, of County Treasurer in Ireland.

Treasurer may

apply to the

Court of Chancery for Order

zances.

XII. And be it enacted, That in every Case where the Treasurer of a County has not heretofore invested Money in Government Funds or Securities, under the Provisions of said recited Act, as a Substitute for the Recognizances of himself to invest in and Sureties, and where such Treasurer shall be desirous to Government have the Recognizances of himself and his Sureties discharged, Sum equal to Securities a it shall be lawful for such Treasurer, after the passing of this his RecogniAct, to apply to the Court of Chancery by Motion, upon Notice to the Attorney General, and to obtain an Order that the said Treasurer shall be at liberty to invest in Government Securities or Funds, in the Manner prescribed by said recited Act, such Sum of Money as shall be equal to the Sum secured by the Recognizances of such Treasurer and his Sureties; and upon the said Treasurer investing such Sum as shall be thereupon ordered by the said Court, and upon his producing a Copy of said Order, and a Certificate from the Accountant General of said Court that the said Treasurer has made such Lodgment, the Recognizances of said Treasurer and of his Sureties shall be discharged by the proper Officer of the Court of Exchequer: Provided nevertheless, that it shall be lawful for such Treasurer, having made such Investment at any Time afterwards, to proceed to have the Funds and Securities so invested re-transferred to him in like Manner as he would be enabled by this Act to proceed to have same re-transferred to him if they had been originally invested in lieu of the Recognizances of himself and his Sureties under the Provisions of said recited Act.

XIII. And be it enacted, That the Settlement and Declara- Accounts to be tion of each Treasurer's Account as aforesaid shall be final final, unless upon Appeal. and conclusive, unless the Treasurer whose Account it is, or such Person or Persons on behalf of the County to which it relates as shall be authorized by the said Rules and Orders so to do, shall present a Petition to the said Lord Lieutenant in Council, within such Time as shall be prescribed in and by the said Rules and Orders, praying that the same may be altered in such Particulars as shall be stated in such Petition; and it shall be lawful for the said Lord Lieutenant in Council to make such Order thereupon as shall be just; and the Account, as declared and settled as aforesaid, shall be affirmed. [No.24. Price 2d.]

A a

[ocr errors]

Balances may

be invested in Exchequer Bills.

Treasurer to receive Interest due upon Exchequer Bills.

Grand Jury to

of Interest receivable by Treasurer.

or altered as by the said Lord Lieutenant in Council shall in and by such Order direct; and such Order shall be final and conclusive to all Intents and Purposes whatsoever.

XIV. And be it enacted, That it shall be lawful for such Officer as aforesaid and he is hereby required to cause any Balance which shall be at any Time standing in Bank as aforesaid to the Credit of any such Treasurer's Account as aforesaid to be laid out in the Purchase of Exchequer Bills; and such Bills shall be deposited in such Place as the Lord Lieutenant in Council shall by the aforesaid Rules and Regulations direct, and shall be from Time to Time sold as Occasion shall require, and the Produce thereof, together with the Interest accruing thereon, shall be placed to the Credit of the said Account; and every such Bank as aforesaid is hereby required to give to the said Officer any Information which he may from Time to Time require from them touching any such Treasurer's Account as aforesaid.

XV. Provided always, and be it enacted, That every such Treasurer as aforesaid who is now in Office, and no other, shall have and receive, out of the Interest which shall become due and payable upon the Exchequer Bills purchased by the Monies due on Foot of his Account, such Sum as shall be equal annually to One Half the Amount of the Salary heretofore appertaining to his Office in case such Interest shall amount thereto; and if not, that he shall be entitled to have and receive the Amount of such Interest, whatever the same may be.

XVI. And be it further enacted, That in case it shall appear specify Portion to the Grand Jury of any County, County of a City or Town, that the present Treasurer ought to receive out of the Interest of said Exchequer Bills a larger Amount than One Half of his present Salary, it shall and may be lawful for such Grand Jury to pass a Resolution specifying the Amount of the Sum which it shall appear to them such Treasurer ought to receive out of such Interest; and upon such Resolution being approved of by the Lord Lieutenant or other Chief Governor or Governors of Ireland, such Treasurer shall receive such Sum out of said Interest if the same shall be sufficient for that Purpose.

Providing for Expences to be incurred in the

Execution of this Act.

XVII. And, in order to provide for the Expences which may be incurred in the Execution of this Act, be it enacted, That it shall be lawful for the said Lord Lieutenant of Ireland in Council, in and by such Rules and Orders as aforesaid, to direct that a Fee not exceeding Five Shillings on every Hundred Pounds to which the Debit Side of any such Treasurer's Account as aforesaid shall amount, shall be paid by such Treasurer in the same Manner as any other Presentment; and the Fees so payable shall be received and accounted for in such Manner as the said Lord Lieutenant in Council shall by such Rules and Orders as aforesaid direct; and the same shall constitute a Fee Fund, which it shall be lawful for the said Lord Lieutenant in Council to charge with the Payment of any Salary or Disbursement which the said Lord Lieutenant in

8

Council

Council shall deem necessary for the Purposes of this Act; and the Amount of such Fee as aforesaid shall be levied off each County by Grand Jury Presentment.

be laid before

XVIII. And be it enacted, That Copies of all such Rules and Copies of Rules Orders as aforesaid shall be laid before both Houses of Parlia- and Orders to ment, within Ten Days after the same shall have been promulgated, if they shall be then sitting, and if not, within Ten Days after they shall next meet.

Parliament.

of Fee Fund.

XIX. And be it enacted, That Accounts shall be kept of Accounts to be the Produce of the said Fee Fund, and of all Charges there- kept of Produce upon, and Payments made thereon; and Copies thereof shall be annually laid before Parliament.

[ocr errors]

Lord Lieutenant to direct Grand Jury Cess Application of in County of

XX. And whereas immediately before the Assizes holden for the County of Clare in the Month of July of the present Year the Lords Justices of Ireland directed the Collectors of 'the Grand Jury Cess in said County not to pay to the TreaClare. surer of said County the Sums levied by them and payable by them at said Assizes;' be it enacted, That it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland to give Directions that the said Sums so levied by the said Collectors, and which have not been paid to said Treasurer, shall be applied to discharge the several Demands to which the same would have been applicable in the Hands of said Treasurer if the same had been paid to him; and it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland to make such Orders respecting said Sums as he or they shall deem expedient, in order to cause said Sums to be applied as aforesaid; and the said several Collectors and all other Persons concerned are hereby commanded to obey and give Effect to such Orders.

XXI. And be it enacted, That this Act may be varied or Act may be altered during the present Session of Parliament.

[ocr errors]
[ocr errors]

CAP. LV.

An Act for better regulating the Fees payable to
Sheriffs upon the Execution of Civil Process.
[15th July 1837.]
'WHEREAS it is expedient to amend the Laws relating to
the Fees payable to Sheriffs, Under Sheriffs, Deputy
Sheriffs, Sheriffs Agents, Bailiffs, and others the Officers or
Ministers of Sheriffs in England and Wales, and to give the
'Courts of Record at Westminster Hall a due Control over such
Fees; and also to provide a summary Remedy against such
'Officers and others as shall extort or receive other or greater
Fees than by Law they shall be entitled to: And whereas
'divers Enactments touching the said Officers, contained in
' certain ancient Statutes, have become inconvenient, and ought
to be repealed: Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this pre-
sent Parliament assembled, and by the Authority of the same,

[ocr errors]
[blocks in formation]

altered this

Session.

Part of

That so much of an Act passed in the Forty-second Year of 42 Ed. 3. c. 9.; His late Majesty King Edward the Third, intituled Estreats shall be shewed to the Party indebted, and that which is paid shall be totted: no Sheriff, et cætera, shall continue in Office above a Year, as relates to the Time during which Under Sheriffs and Sheriffs Clerks may abide in their respective Offices; also an Act passed in the First Year of the Reign of His late Majesty King Henry the Fifth, intituled Sheriffs Bailiffs shall not be in 1 Hen. 5. c.4.; the same Office in Three Years after: Sheriffs Officers shall not be Attornies; and also so much of an Act passed in the Twentythird Year of the Reign of His late Majesty King Henry the Sixth, intituled No Sheriff shall let to farm his County or any 23 Hen. 6. c.9., Bailiwick: the Sheriffs and Bailiffs Fees and Duties in many

the Act

and Part of

repealed.

Sheriffs to take only such Fees as are allowed by Taxing Officer

of Courts of Law at Westminster.

To prevent

Fees not allowed or greater Fees

than are allowed;

Cases, as relates to the Fees to be taken by Sheriffs, Under
Sheriffs, Sheriffs Clerks, and other Officers and Ministers of
Sheriffs, be and the same are hereby repealed.

II. And be it enacted, That from and after the passing of this Act it shall be lawful for Sheriffs, or their Officers concerned in the Execution of Process directed to Sheriffs, to demand, take, and receive such Fees, and no more, as shall from Time to Time be allowed by any Officer of the several Courts of Law at Westminster charged with the Duty of taxing Costs in such Courts, under the Sanction and Authority of the Judges of the said Courts respectively.

III. And be it enacted, That any Sheriff, Officer, or Minister Officers taking acting in the Execution of Process directed to any Sheriff or Sheriffs, or engaged or concerned therein, who shall extort, demand, take, accept, or receive from any Person or Persons any Fee or Fees, Gratuity, or Reward not allowed as aforesaid, or greater in Amount than as allowed as aforesaid, such Sheriff, or other his Officer or Minister, upon Complaint thereof made against him to any of the said Courts, and on Proof being made thereof upon Oath, either by the Examination of Witnesses viva voce, or on Affidavits, or on Interrogatories, to the Satisfaction of the Court to which the said Complaint shall be made, that such Sheriff, Officer, or Minister, as the Case may be, hath offended therein as aforesaid, then and in such Case every such Sheriff, Officer, or Minister, as the Case may be, shall be adjudged guilty of a Contempt of such Court, and punished by such Court accordingly; and if any Person, not being such Officer or Minister as aforesaid, shall assume or pretend to act as such, and shall extort, demand, take, accept, or receive any Fee or Fees, Gratuity, or Reward under colour or pretext of such Office, he shall, on like Complaint and Proof, be in that Respect dealt with by the Court in like Manner.

and other Persons from taking

any Fees.

Court may award Costs.

IV. And be it enacted, That in all Cases of summary Complaints as aforesaid the Court before which such Complaint shall be preferred may at its Discretion award the Costs of or occasioned by such Complaint to be paid by either Party to the other; such Costs to be taxed by the Master of such Court: Provided always, that no such Complaint shall be entertained

6

unless

The

unless made before the last Day of Term next following the Act whereof Complaint is made.

^

cashire and

V. And be it enacted, That from and after the passing of Fees to the this Act the Sheriff's of Lancashire and Durham, and their Sheriffs of LanOfficers, shall have and be entitled to the like Fees, and no Durham. more, upon Process issuing out of the Court of Common Pleas at Lancaster and out of the Court of Pleas at Durham respectively as from Time to Time shall be allowed under the Authority of this Act to Sheriffs upon Process issuing from the Superior Courts at Westminster; and that the said Court of Common Pleas at Lancaster and Court of Pleas at Durham respectively, or any Judge thereof respectively, being also Judge of one of the Superior Courts at Westminster, shall have the same Powers in every Particular, with respect to Offences against this Act upon Process issuing out of the said Court of Common Pleas at Lancaster and Court of Pleas at Durham respectively, as are herein-before given to the Courts at Westminster respectively in respect of Process issuing from those Courts.

VI. And be it enacted, That this Act may be amended, Act may be altered, or repealed by any Act to be passed in the present Session of Parliament.

[ocr errors]
[ocr errors]

6

CAP. LVI.

An Act for amending the several Acts for the Regulation of Attornies and Solicitors. [15th July 1837.] WHEREAS by an Act passed in the First and Second

altered this Session.

Years of the Reign of His Majesty King George the Fourth, intituled An Act to amend the several Acts for the 1 & 2 G. 4. c.48. Regulation of Attornies and Solicitors, and which was afterwards

• amended by an Act passed in the Third Year of the Reign of

His said Majesty King George the Fourth, intituled An Act s G. 4. c. 16. to amend an Act made in the last Session of Parliament, for amending the several Acts for the Regulation of Attornies and • Solicitors, Provision was made for facilitating the Admission of Graduates of the Universities of Oxford, Cambridge, and Dublin as Attornies and Solicitors of the Courts of Law and Equity, in manner and upon the Conditions in, the said Acts mentioned: And whereas since the passing of the said recited Acts a Body Politic and Corporate by the Name of The University of London has been constituted by the Royal Charter of His late Majesty King William the Fourth, and an University has been founded and established in connexion with the Cathedral Church of Durham, under the Authority of an Act passed in the Second and Third Years of the Reign of His said late Majesty, intituled An Act to enable the Dean and 2 & 3 W. 4. • Chapter of Durham to appropriate Part of the Property of their c. 19. Pr. • Church to the Establishment of an University in connexion therewith, for the Advancement of Learning: And whereas since the passing of the said last-mentioned Act a Royal Charter of Incorporation has been granted to the University of DurA a 3

ham;

« EelmineJätka »