Page images

may be

mittee will do wisely, perhaps, to consider not merely Somerville, Sir J. Romilly, Mr. Napier, Mr. Maur. the management of estates by Courts of Equity but sell, Mr. Bright, Mr. Henly, Mr. O'Flaherty, Mr. the laws which make that management necessary

G. A. Hamilton, Mr. M‘Cullagh, Mr. Page Wood, laws which pour properties with a multitudinous Mr. Turner, Mr. Tennent. Some of the latter named rush within their control.

gentlemen will not act, and their places will be filled The statutes which regulate judgments require by Irish members. We look to the evidence to be to be extensively modified; as a security affecting laid before this Committee and their Report with lands judgments should either cease to exist or be deep anxiety. The germ is deposited that rendered specific liens like mortgages, or only attach productive of much practical good to Ireland." when execution is sued out upon them. This sub has been a source of much gratification to us that ject is more calculated, however, for the contempla- we have, on all fitting occasions, reprobated the tion of a lawyer than the labours of the committee- present system, laid bare its enormities, and given room; evidence may be useful to show the preju- such suggestions as we couceived likely to be prace dicial nature of the great staple security of this tically importaut; and our acknowledgments are country: but what will fall more peculiarly within due to Mr. Osborne for his too flattering testimony the province of the Committee will be the examina- to our usefulness. tion of a class of witnesses who will give them the

The remedies to be given to the judgment cre. groundwork of a measure to improve the manage- ditor involve questions of much difficulty, so that ment

of estates which are placed under the control they may at once be certain, yet not oppressive of a Court of Equity. It may be alleged that the defined, yet not offering an insurmountable barrier period is inopportune to devise such a measure when to the transfer of property. This subject

, as we the outcry of the day, when the legislation of the have already glanced at, is a fit one for a juris hour is directed to supersede the Court of Chancery thoroughly acquainted with the laws and practice nearly altogether; it may be urged, you are your- of Ireland. Can none such be found amongst the selves inconsistent when you advocate an improved law officers of the Irish Government, or is all le. law with reference to judgments with the avowed gislative activity-every legislative idea to be design of rendering it more difficult if not impossible transferred to English officials? If so, it is not to to reach real property through their medium. By be wondered at that they will acquire, or have the operation of the Incumbered Estates Bill the acquired, a profound contempt for the legal attainproperty will be sold first, and the inquiry as to the ments of Irish lawyers. parties entitled to its produce be made afterwards, and by a change in the Judgment Acts you will prodigiously diminish the evil of receiverships.

To the Editor of the Irish Jurist. A little consideration will shew how inadequate SIR, to meet the existing evils will be the contemplated The course to be pursued on the occasion laws—how illusory the idea that the Court of of supplying the vacancy in Parliament caused by Chancery will be superseded. It is estimated, from the judgment against the late Member for the the vast increase of the last two years, that over a county of Limerick, (William Smith O'Brien,) million and a half of rental is under the manage- seems not to have been clearly understood. The ment of our two Courts of Equity. In ordinary effect of final judgment after conviction of high times, the purchase-money of these estates, if all treason is attainder, and, in legal phraseology, a destined for the hammer, would be thirty millions. party is then, but not before, said to be attainted It is incredible to suppose that this vast amount of of high treason, which was the proper term to bare property can rapidly change hands, but the fact is, been applied on the occasion of moving for the that a portion of it is not destined for sale. It issuing of a new writ to supply the vacancy, and belongs to minors and lunatics, and persons under not that which was made use of-viza, "adjudged disability, who are the peculiar objects of Courts of guilty of high treason." The effect of attainder of Equity, or the incumbrances affect but a life estate, high treason is, that all the rights of citizenship and it would be impolitic of the creditor to incur are forfeited, together with the life of the party ; the expense of making out title, and selling a limited and the awful sentence of the law shews in what interest. In all such cases the appointment of a re- detestation and horror such a crime was held by ceiver is all that is required; whilst civilization con our ancestors. It appears from the records of tinues, whilst real property is made the subject of Parliament, that this crime has been more frequent family settlement and of business transactions, there amongst the members of the Upper House, Lord must be a controlling power vested in a Court of John Russell having adduced only two instances in Chancery, or a court with similar powers under the Lower House of motions similar to that he was another name. The Incumbered Estates Bill is the mover of. Peers, upon being attainted, at temporary ; its functions will merge into the Court once lost all their dignity and other privileges, and of Chancery.

even a pardon, which was the prerogative of the The step in the right direction has been taken to Sovereign, did not remove the attainder, but a put an end to jobbing, and to improve a jurisdiction Bill for this purpose should be passed in Parlia: which is susceptible of improvement. We trust it ment, as in the case of Lord Bolingbroke. will be carried out with energy, and we were glad The idea, that though the Sovereign has an un• to see that Mr. Osborne has nominated his Com. disputed right to pardon any criminal

, yet that mittee, and is prepared to act with promptitude. there is not any right of cominutation of the purHis selection of men and numbers was judicious: ishment, seenis almost too absurd to take notice Mr. Osborne, Sir R. Peel, Sir J. Grabam, Sir W. I of. That such a power does exist, is a truth


mon law,

sinilar to those first principles which are self-tyr, and I shall disappoint him." Posterity has esident, and yet which are difficult of proof. None pronounced its approval of the latter sentiment, will deny that a whole contains all its parts ; and and I trust our government will adopt it, and perhaps it may not a little startle the advocates of disregard that morbid sense of vanity which would the absurd notion already spoken of, to learn that sacrifice life to its insane gratification, they do in fact deny this self-evident truth, for

N. they affirm, that though the Sovereign may pardon in toto, she cannot in parte. Your readers will remember the historical instan

(Continued from p. 248.) ces of commutation mentioned by Blackstone, under

10. That before any such licence as aforesaid shall be the title “ Execution,” Lord Coke and Sir Matthew granted, a requisition for the same, in such form as the Hale having held that the King could not change said commissioners shall from time to time appoint for that the punishment of the law by altering the hanging purpose, and accompanied with such certificate as hereinor burning into beheading, though when beheading by whom such licence shall be required, and in every such

before is required, shall be made and signed by the person was part of the sentence the King might remit the requisition all such particulars as the said commissioners

shall require shall be truly set forth; and every person apEven in Lord Coke's time there were instances plying for or attempting to procure any such licence, who to the contrary, but he maintained with shall make or cause to be made any false representation in ferocity, “Judicium est legibus non exemplis,” upon regard to any of the said particulars, or who shall endea

vour to obtain a licence by any forged recommendations, or which Foster remarks that the rule is true but the mistake in the application thereof, for inconvenient manded of him in relation to such application for a licence,

who shall not truly answer all questions which shall be deusage, founded on mercy and never complained of, and also every person to whom reference shall be made who is undoubtedly, sufficient in this as in every other shall in regard to such application wilfully and knowingly case to determine what is or is not part of the com- make any misrepresentation, shall forfeit for every such

offence a sum not exceeding forty shillings; and it shall be When Lord Stafford was executed for the Popish of such penalty before any divisional justice at any time

lawful for the said commissioners to proceed for recovering plot in the reign of Charles II, the sheriff's of Lon within one calendar month after the commission of the don having received the writ for beheading him, offence, or during the currency of the licence so improperly petitioned the House of Lords for an order how the obtained. judgment should be executed, for being prosecuted

11. That as often as any driver or conductor shall change by impeachment they entertained a notion (said to his place of abode he shall give notice thereof in writing have been countenanced by Lord Russell,) that the notice his new place of abode, and shall at the same time

signed by him to the said commissioners, specifying in such King could not pardon any part of the sentence. produce his licence to the said commissioners, who shall The Lords resolved that the scruples of the sheriffs endorse thereon a memorandum specifying the particulars rrere unnecessary, and declared that the King's writ of such change ; and every driver or conductor who shall ought to be obeyed. The sheriffs signified to the change his place of abode, and shall neglect for two days to House of Commons that they were not satisfied as

give notice of such change, and to produce his licence in

order that such memorandum as aforesaid may be endorsed to the power of said writ, and the House, after two

thereon, shall forfeit for every such offence a sum not exdays consideration, resolved that the House was ceeding forty shillings; and the said commissioners, or any content that the sheriff do execute Lord Stafford by person employed by them for that purpose, may sue for severing his he ad from his body.

such penalty at any time during the currency of such licence.. When Lord Russell was condemned for high trea- 12. That the particulars of every licence which shall be son upon indictment, the King, while he remitted granted as aforesaid shall be entered in books to be kept

for that purpose at the office of the said commissioners; the ignoininious part of the sentence, observed, and in all courts, and before any divisional justice of the " That his Lordship would now find he was pos peace, and upon all occasions whatsoever, a copy of any sessed of that prerogative which, in the case of Lord entry made in any such book, and certified by the person Stafford, he had denied him."

having the charge thereof to be a true copy, shall be received Our great commentator remarks, “ One can

as evidence, and be deemed sufficient proof of all things hardly determine (at this distance from these tur.

therein registered, without requiring the production of the

said book, or of any licence or of any requisition or other bulent times) which most to disapprove of, the in..

document upon which any such entry may be founded; and decent and sanguinary zeal of the subject, or the

every person applying at all reasonable times shall be fur. cool and cruel sarcasm of the sovereign.”

nished with a certified copy of the particulars respecting judgment it appears abundantly plain, that the any licensed person, without payment of any fee. sovereign, who is the fountain of mercy, can ex

13. That every licensed driver or conductor shall at all ercise a dispensing prerogative, and commute a

times during his employment, and when he shall be required

to attend before any divisional justice of the peace, wear heavier for a lighter punishment, “onere magis con

his ticket conspicuously upon his breast in such manner tinet in se minus." The criminal has never yet that the whole of the writing thereon shall be distinctly been the person to raise the point ; but it appears legible; and every driver or conductor who shall act as that one or two of the state prisoners have called such, or who shall attend when required before any justice in question the right to alter the sentence.

of the peace, without wearing such ticket in manner aforeIt is recorded as illustrative of the differeuce of said, or who, when thereunto required, shall refuse to character of James the Second, and William the produce such ticket for inspection, or to permit any person

to note the writing thereon, shall for every such otfence Third, that the former, in allusion to an individual forfeit the sum of forty shillings. of his time, who was obnoxious to the government 14. That upon the expiration of any licence granted under of the day, said “ He is anxious to be a martyr, this act the person to whom such licence shall have becu and I shall gratify him ;” and William the Third, granted shall deliver such licence and the ticket relating on a similar oceasion-"He is anxious to be a mar.

thereto to the said commissioners; and every such person:

To my

who after the expiration of such licence shall wilfully neglect driver or conductor complained of shall be adjudged guilty for three days to deliver the same to the said commissioners, of the offence alleged against him, the justice of the peace and also every person who shall use or wear or detain any before whom he shall be convicted sball in every case endorse ticket, without having a licence in force relating to such upon the licence of such driver or conductor the nature of ticket, or who shall, for the purpose of deception, use or the offence and the amount of the penalty inflicted ; and wear or have any ticket resembling or intended to resemble every proprietor who shall neglect to require to be delivered any ticket granted under the authority of this act, shall for to him and to retain in his possession the licence of aby every such offence forfeit a sum pot exceeding forty shillings; driver or conductor during such period as such driver o and it shall be lawful for the commissioners, or for any conductor shall remain in his service, or who shall refuse person employed by them for that purpose, to prosecute any or neglect to produce such licence as aforesaid, shall for person so neglecting to deliver up his licence or ticket, at every such offence forfeit a sum not exceeding forty shil. any period within twelve calendar months after the expira- lings. tion of the licence; and any constable or peace officer, or 18. That it shall be lawful for any such divisional justica any person employed for that purpose by the commissioners, to hear and determine all matters of complaint between may seize and take away any such ticket, wheresoever the any proprietor of a hackney or other carriage as aforesaid

, same may be found, in order to deliver the same to the said or metropolitan stage, carriage or omnibus, and the driver of commissioners.

conductor of the same respectively, and to order payment of 15. That whenever the writing on any ticket shall become any sum of money that shall appear to be due to either party obliterated or defaced so that the same shall not be distinctly for wages or for the earnings in respet of any such carriage

, legible, and also whenever any ticket shall be proved to the or on account of any deposit of money, and to order con. satisfaction of the said commissioners to have been lost or pensation to the proprietor in respect of damage of logg mislaid, the person to whom the licence relating to any such which shall have arisen through the neglect or default of ticket shall have been granted shall deliver such ticket (if any driver or conductor to the property of his employer in. he shall have the same in his possession,) and shall produce trusted to his care, or in respect of any sum of money which such licence to the said commissioners, and such person such proprietor may have been lawfully ordered by a divisi. shall then be entitled to have a new ticket delivered to him, onal justice of the peace to pay, and which has been actually upon payment of a sum of two shillings, to be applied as paid pursuant to such order, on account of the negligence aforesaid: provided always, that if any ticket which shall or wilful misconduct of his driver or conductor, and to order have been proved as aforesaid or represented to have been such compensation to either party in respect of any other lost or mislaid shall afterwards be found, the same shall matter of complaint between them as to such justice sball forthwith be delivered to the said commissioners; and every seem proper ; and any money ordered to be paid as afers person into whose possession any such ticket as last afore- said may be recovered in like manner as any penalty uider said shall be or come who shall refuse or neglect for three this act. days to deliver the same to the said commissioners, and also 19. That it shall not be lawful, either in any court of law every person licensed under the authority of this act who or before any divisional justice of the peace, to enforce the shall use or wear the ticket granted to him after the writing payment of any sum of money claimed from any driver or thereon shall be obliterated, defaced, or obscured so that conductor by any proprietor on account of the earnigns of the same shall not be distinctly legible, shall for every such any hackney carriage or other carriage as aforesaid, or offence forfeit the sum of forty shillings.

metropolitan stage carriage or omnibus, unless under en 16. That every person who'shall forge or counterfeit, or agreement in writing which shall have been signed by such who shall cause or procure to be forged or counterfeited, driver or conductor in the presence of a competent witness ; any licence or ticket by this act directed to be provided for and no such agreement shall be liable to any stamp duty the driver of a hackney or other carriage as aforesaid, or 20. That when any licensed driver or conductor shall for the driver or the conductor of a metropolitan stage car- leave the service of any proprietor, such proprietor shall, riage or omnibus, and also every person who shall sell or upon demand thereof, return to him his licence : provided exchange or expose to sale or utter any such forged or always, that if the said proprietor shall have any complaint counterfeited licence or ticket, and also every person who against the said driver or conductor it shall be lawful for phall knowingly, and without lawful excuse (the proof such proprietor to retain the licence for any time not exceed. whereof shall lie on the person accused,) have or be possessed ing twenty-four hours after the demand thereof, and within of such forged or counterfeited licence or ticket, knowing that time to apply to the police court of the district in which such licence or ticket to be forged or counterfeited, and also the said proprietor shall dwell, for a summons against him; every person knowingly and wilfully aiding and abetting and the said proprietor, at the time of applying for the sunany person in committing any such offence as aforesaid, shall mons, shall deposit the licence with the clerk of such police be guilty of a misdemeanor, and being thereof convicted court or divisional justice; and in case any proprietor wbo, shall be liable to be punished by fine or imprisonment, or by upon demand thereof, shall have refused or neglected to de. both, such imprisonment to be in the common gaol or house liver to any driver or conductor his licence, shall not within of correction, and either with or without hard labour, as twenty-four hours, exclusive of Sunday, or any day on whůch the court shall think fit; and any person may detain any the police court shall not sit, apply for such summous, and such licence or ticket, or for any constable or peace officer, deposit the licence as aforesaid, or shall not appear to pro or any person employed for that purpose by the said com secute his complaint at the time mentioned in the summons, missioners, to seize and take away any such licence or ticket, it shall be lawful for such driver or conductor to apply at the in order that the game may be produced in evidence against same police court, or to some divisional justice as aforesaid

, such offender, or be disposed of as the said commissioners for a summons against such proprietor; and upou hearing shall think proper.

and deciding the case, the justice, if he shall think there was . 17. That every proprietor of a hackney or other carriage no just cause for detaining the licence, or that there has been as aforesad, and of every metropolitan stage carriage or needless delay on the part of the proprietor in bringing the omnibus, who shall permit and employ any licensed person matter to a hearing, shall have power to order the said proto act as the driver or conductor thereof, shall require to prietor to pay such compensation to the said driver or couho be delivered to him and shall retain in his possession the ductor as the said justice shall thiuk reasonable ; and page licence of suck driver or conductor while such driver or ment of such compensation shall be enforced in the same conductor shall remain in his service; and in all cases of manner as any penalty may be enforced under the sad recited complaint where the proprietor of a hackney or other car. act of the fifth year of her Majesty's reign ; and the justice raige as aforesaid, or of a metropolitan stage carriage or shall cause the licence to be delivered to the said driver or omuibus, shall be summoned to produce the driver or con conductor, unless any misconduct shall be proved against ductor of such carriage before a divisional justice of the him, by reason whereof the justice shall think that such peace, he shall also produce the licence of such driver or licence shall be revoked or suspended; and so long as any couductor, if at the time of receiving the summons such proprietor shall neglect to apply for such summons and dedriver or conductor shall be in his service ; and if any posit the licence, after demand thereof, any divisional justice

being so


of the peace may, in like manner, from time to time, order peace from the driver or conductor through whose default compensation to be paid by bim to the same driver or con- such sum shall have been paid upon proof of the payment ductor; and no proprietor shall, under any, pretence, or by thereof, or the justice may, in the first instance, adjudge virtue of any claim whatever, retain beyond the time afore- the amount of such compensation to be paid by the driver or said the licence of his driver or conductor.

conductor. to the party aggrieved. 21. That it shall be lawful for any such divisional justice 24. That where there shall be more than one proprietor épf the peace before whom ang driver or conductor shall be of any hackney or other carriage or metropolitan stage car.

convicted of any offence, wbether under this act or any other riage or omnibus it shall be sufficient in any information, act

, if such justice, in his discretion, shall think fit, to re- summons, order, conviction, warrant, or any proceeding voke the licence of such driver or conductor, and also any under this act, or the 37 Geo. 3, to name such proprietors, other licence which he shall hold under the provisions of this and to describe and proceed against him as if he were sole act, or to suspend the same for such time as the justice shall proprietor. think proper, and for that purpose to require the proprietor, 25. That all complaints under this act may be heard and driver, or conductor in whose possession such licence, and all penalties recovered by one or more justices as in the 5th

the ticket thereunto belonging, shall then be, to deliver up Vic., and any divisional justice may, under this act, or the tbe same; and every proprietor, driver, or conductor, who, 37th Geo. 3, or any act amending same, or any rules or bye.

required, shall refuse or neglect to deliver up such laws amending the same, lessen the penalty or time of imlicence and any such ticket or either of them, shall forfeit, prisonment. so often as he shall be so required and refuse or neglect as 26. That this act may be amended or repealed by any act aforesaid, a sum not exceeding forty shillings; and the jus. to be passed in this session of parliament. tice shall forthwith send such licence and ticket to the com

CAP. CXIV. missioners, who shall cancel such licence, if it has been revoked by the justice, or if it has been suspended shall at the An Act to prevent District Auditors from taking Proceed. end of the time for which it shall have been suspended re- ings in certain Cases.

[4th September, 1848.). deliver such licence, with the ticket, to the person to whom

Cap. CXV. it was granted. 22. That every driver or conductor authorized by any pro

An Act to vest in Her Majesty the Property of the Irish prietor to act as driver of any hackney or other carriage as Reproductive Loan Fund Institution, and to dissolve the aforesaid, or as driver or conductor of any metropolitan stage

said Institution.

[4th September, 1848.) carriage or omnibus, who shall suffer any other person to Sec. 1. Funds of the corporation to vest in her Majesty. act as driver of such backney or other carriage, or as driver 2. Such funds to be applied to charitable purposes in or conductor of such metropolitan stage carriage or omnibus,

certain counties in Ireland. without the consent of the proprietor thereof, and also every 3. Within three months after act passed corporation may person, whether duly licensed or not, who shall act as dri

apply certain sums in payment of debts, gc, and ter or as conductor of any such carriage, without the con.

compensations to officers. sent of the proprietor thereof, shall forfeit the sum of forty 4. Act not to release trustees from liabilities. shillings; and every driver or conductor charged with such 5. County trustees or local committees, gc acting under offence, who, when required by a divisional justice of the

them, to have the powers of recovery of monies as peace so to do, shall not truly make known the name and

under charitable loan society acts. place of abode of the person so suffered by him to act as dri. 6. In such cases, certificate of three trustees to be evi. ver or conductor without consent of the proprietor, and also

dence, in lieu of certificate under corporate seal. the number of the ticket of such person (if licensed), shall 7. Issuing of certificate to be signified at a meeting of be liable to a further penalty of forty shillings ; and it shall

the trustees. be lawful for any police constable, without any warrant for 8. List of loans and securities to be deposited with clerk that purpose, to take into custody any person unlawfully

of the peuce within three months. · acting as a driver or as a conductor, and to convey him be- 9. County trustees, or receiving back loans advanced to s fore any divisional justice of the peace, to be dealt with ac

local committees, to notify the sume to the clerk of - cording to law, and also, if necessary, to take charge of the

carriage and every horse in charge of such person, and to 10. Penalty on persons giving false certificate under this deposit the same in some place of safe custody until the same

act. ch can be applied for by the proprietor.

11. Penalty for using certificate for recovery of sums be23. That every driver of a hackney carriage or other car

yond the amount advanced by county trustees. riage as aforesaid, or driver or conductor of a metropolitan 12. Treasur er may make allowances to officers of the trus. stage carriage or omnibus, who shall be guilty of wanton or

tees. furious driving, or who by carelessness or wilful misbehaviour 13. Dissolution of Irish Reproductive Loan Fund Insti. shall cause any hurt or damage to any person or property,

tution. being in any street or highway, and also every driver or con- It Accounts to be made up annually, and laid before cductor who, during his employment, shall be drunk, or shall

buth houses of Parliament. make use of any insulting or abusive language, or shall be

15. Public act. guilty of any insulting gesture or any misbehaviour, shall, 16. Act may be amended, &c. for every such offence, forfeit a sum not exceeding forty

• Whereas great distress prevailed in Ireland in the year shillings; or it shall be lawful for the justice before whom

• 1822, and a committee of relief raised a sum of three hun. such complaint shall be brought, if in his discretion he shall • dred and eleven thousand and eighty-one pounds, five think proper, instead of inflicting such penalty, forth with to

shillings, and seven pence, by subscription, for the suffer. commit the offender to prison for any period not exceeding •ing poor ; and the said charitable association was subsetwo calendar months, with or without hard labour, as the quently carried on or superintended by such committee, or justice shall direct; and in every case where any such hurt

the board of directors under the name or style of "The or damage shall have been caused, the justice, upon the hear. Irish Reproductive Loan Fund Institution;" and whereas ing of the complaint, may adjudge as and for compensation by an act passed in the sixth and seventh years of the to any party aggrieved as aforesaid a sum not exceeding five

• reign of her Majesty, intituled, An Act to consolidate pounds, and may order the proprietor of the hackney carriage • and amend the Laws for the Regulation of the Charitable or metropolitan stage carriage, the driver or conductor of

· Loan Societies in Ireland, certain things were enacted ; wbich shall have caused such hurt or damage, forthwith to

• and whereas the business of the said corporation cannot pay such sum, and also such costs as shall have been incurred,

be continued with advantage to the public, and the said and payment thereof may be enforced against such proprietor corporation have therefore agreed to surrender their as any penalty or sum of money may be recovered under and charter, and that their funds and property and the debts by virtue of this act; and any sum so paid by the proprietor

• owing to them should be vested in her Majesty, to be shall be recovered in a summary way before a justice of the applied as hereinafter mentioned .' be it enacted, that all

the peace.



the funds and property of the said corporation, and all funds said charity or any portion of the funds under the contral and property vested in, and all debts due to any members, and management of the said corporation, except such vouch. agents, or trustees of the said corporation, on behalf of the ers, accounts, and papers as the commissioners of Her Me said corporation, subject as hereinafter mentioned, and also jesty's treasury, or any three or more of them, shall think all funds and property of the said corporation vosted in or fit to leave in the possession of the trustees and local associa. under the control of any of the said local trustees or local tions as being necessary to enable such trustees and local committees or associations acting under them, or of any associations to collect the funds iotrusted to them respec. societies in connexion with the said corporation, and also tively; and upon such transfer, payment, and delivery tbe all debts and sums of money due to the said corporation said corporation, and all the present and former governors from any persons or person whomsoever, shall immediately and members thereof, and all the several persons who were after the psssing of this act be vested in her Majesty, and at any time members of the committee of relief or charitable shall and may be sued for and recovered in the name of her association in London previously to the date of the charter Majesty, her heirs or successors, or by and in the name of aforesaid, or of the board of directors of the said charitable any person or persons appointed for that purpose by the association in London, and their respective estates, shall Commissioners of her Majesty's treasury, or any three or be fully released and discharged from all claims and demands more of them, by any such proceedings as may by law be and all liability whatsoever by or to Her Majesty's treasury, adopted or used for recovering debts or demands due to or any persons or person whatever, for or in respect of any any Loan Society in Ireland, freed however from the li- matter or thing whatsoever connected with or relating to mitation as to amount recoverable in the said recited acts the said corporation, or the said committee of relief e contained, or by such other proceedings at law or in equity charitable association, or the funds or property of the said as might have been adopted or used by the said corporation corporation, or any funds or property whatever at any tige for recovering such debts, funds, property, and sums of vested in or received by the said committee of relief te money respectively in case this act had not been passed. charitable association, or any members or member, officers

2. That any such funds or monies belonging to the said or servants thereof, or for or in respect of any matter in corporation which have beeu or may be paid over to her anywise connected with the premises. Majesty's treasury, and all such other monies as which 4. That nothing herein contained shall release the tree under this act shall be recovered or received from any party tees in the said several counties in Ireland from any liability or parties in Ireland, shall be applied and disposed of for in respect of the moneys intrusted to them respectively out such charitable purposes or objects applied and disposed of of the funds vested in the governors of the said corporation, for such charitable purposes or objects of public utility not and any obligation to collect and enforce payment thered, otherwise provided for in whole or in part by local rate or and of the accumulations thereof, as such trustees respec. assessment, including the instruction in and the promotion tively would have been subject to, in case this act bad ma of agricultural science, in the several counties Leitrim, been passed; and the commissioners of her Majesty's trea. Sliyo, Ruscommon, Mayo, Galway, Clure, Limerick, Tip. sury, or any three or more of them, may from time to time perary, Cork, and Kerry, in Ireland, as the Lord Lieu:e appoint any person or persons to collect and receive from dant or other Chief Governor of Ireland, with the consent such trustees, or from the party or parties liable to pay of her Majesty's treasury, or any three of them, shall the same, such of the monies hereby vested in her Maiesty direct and appoint, but so that the sums already recovered, as may be payable by such trustees or other parties respec. and hereafter to be recovered from each such county of the tively; and the said local committees, associations, or monies originally appropriated thereto, as shewn in the other borrowers shall continue liable to the said trustees in Schedule (D.) to this act annexed, and profits which have the same manner and to the same extent as if this Act had accumulated or may hereafter accumulate thereon, shall be not been passed, and the bye laws and regulations made, applied to such purposes within such respective county; established, or continued under the authority of the said provided that the sum of five thousand pounds, which as charter, so far as the same are consistent with this Act, appears by accounts laid before parliament was specifically shall continue to be obligatory on the said trustees and the appropriated for the establishment of an agricultural school said local committees or associations respectively, in the of indlustry in the province of Munster, shall be received same manner and to the same extent as if this act had no out of the said fund to be applied in aid of local funds for passed, but no further, but so nevertheless that no monies the establishing an agricultural school or schools in that recovered or received by the said trustees or the said local province, in such inanner as the Lord Lieutenant of Ire committees or associations shall be re-issued or again # land, with the approval of the Lords of the Treasury, vanced on loan, except such amounts or portions of the shall direct, such sum to be applied, so far as possible, in sums repaid as may be sanctioned by the governors of the aid of contributions locally collected for the same purpose. said corporation within three months from the passing of

3. That the said corporation, within three calendar months this act, or may be hereafter sanctioned by the Commisafter the passing of this act, may apply so much of the said sioners of her Majesty's treasury, or by such person or sums, mentioned in the said schedule (A.) as now constitut- persons as the commissioners of her Majesty's treasury ing the fund appropriated for defraying expenses as afore- | may appoint to receive the monies hereby vested in ber said, as shall be necessary, in paying the debts, liabilities, Majesty. and expenses of the said corporation, and such compensa. 5. That not withstanding the dissolution of the said cer. tions to persons now or heretofore employed by or under poration, any of the said county trustees in Ireland, er the said corporation, or the said association before the in- any local committees, associations, or parties acting under corporation thereof, as the said corporation shall think rea- any of the said trustees in Ireland having lent monies sonable, which said compensations may be made either by before the passing of this act, by virtue or in respect of payment of sums of money, or by the purchase of annuities, connexion with the said Irish Reproductive Loan Fund or otherwise; and the said corporation shall within the said Institution, or by virtue or in respect of Connexion with three calendar months deliver to the commissioners of Her any of the said county trustees thereof, or having lent Majesty's treasury the bond mentioned in the said schedule, monies after the passing of this act, with the sanction of or such amount of principal and interest as shall have been the governors of the said corporation, within such three paid thereon, and transfer and pay over to the said com- months as aforesaid, or with the sanction of the commismissioners the balance of the several sums of stock and sioners of her Majesty's treasury, or of such person et money mentioned in the schedule (A.,) or of other the persons as they may appoint to receive the monies herehy sums of stock and money which at the time of the passing vested in her Majesty, may use and exercise the powers, of this act shall form the property of the said corporation, authorities, rights, and remedies contained and provided in exclusively of so much of the said balances or sums of mo any act or acts for the regulation of charitable Loan Siva wey, and of the money owing on the said bond, which shall cieties in Ireland for the recovery of monies, and subject not have been realized by the said corporation, together to like provisions or any means or remedies provided by with all vouchers, books, accounts, and papers now under law for the recovery of debts, unless the proceedings for their control and custody, and relating in any way to the the recovery of such monies shall at any time be directed

« EelmineJätka »