BEGUN

AT WESTMINSTER,

THE

19TH AUGUST, ANNO DOMINI 1841;

AND

FROM THENCE CONTINUED,

BY SEVERAL PROROGATIONS,

TO THE

2ND FEBRUARY, 1843.

ABRIDGMENT

OF THE

PUBLIC GENERAL ACTS,

6 VICTORIA-1843.

CAP. I.

AN ACT to enable Her Majesty to indemnify the Holders of certain forged Exchequer Bills. (3rd March 1843.)

By this ACT,

ABSTRACT OF THE ENACTMENTS.

1. Treasury may raise 262,000l. by Exchequer bills.

2. The clauses in recited Acts extended to this Act.

3. Bills to be payable out of supplies of next session.

4. Interest on Exchequer bills.

5. Bills to be current at the Exchequer after twelve calendar months from their dates.

6. The Treasury to apply the money raised.

7. The Attorney General may sue for the amount from any previous holder.

8. As to monies recovered.

9. Act may be amended.

After reciting that by 5 & 6 Vict. c. 11, the Right Honourable William Earl of Devon, Henry John Stephen, Esq., Serjeant-at-Law, and Robert Mitford, Esq., were constituted Commissioners of Inquiry into the manner in which certain documents purporting to be Exchequer bills were made and issued, and in which the same came into the possession of the parties by whom they were then holden, and the said Commissioners were directed to report from time to time to Her Majesty what they should find with respect to the several matters into which they were directed by the said Act of Parliament to inquire: And that the said Commissioners have made their report to Her Majesty, bearing date the 2nd day of August 1842, wherein they have classified the holders of the said documents under four classes, according to the degree in which the parties appeared to them to have become possessed thereof in the usual course of business, without knowledge or suspicion that they were other than genuine, or had been improperly obtained by any person whatever, and according to the degree in which they appeared to have acted with proper caution: And that it is expedient to make provision for enabling Her Majesty to indemnify such of the holders of the said documents as appear entitled to Her Majesty's consideration, and that Her Majesty should be empowered to direct Exchequer Bills to be issued to such parties, under the regulations hereinafter contained :

It is Enacted,

I. That it shall be lawful for the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland at any time or times to cause any number of Exchequer bills to be made out at the receipt of the Exchequer at Westminster for any sum or sums of money not exceeding in the whole the sum of 262,000l., in like manner as is prescribed in an Act, 48 Geo. 3. c. 1, intituled, An Act for regulating the issuing and paying off of Exchequer Bills,' and in another Act, 4 & 5 Will. 4. c. 15, intituled, 'An Act to regulate the Office of the Receipt of His Majesty's Exchequer at Westminster,' and in another Act, 5 & 6 Vict. c. 66, intituled, An Act for further regulating the Preparation and Issue of Exchequer Bills.'

II. That all the clauses of the said Acts shall be applied to the Exchequer Bills to be made out in pursuance of this Act as fully as if the said several clauses had been herein particularly re-enacted.

III. That the principal sum or sums of money to be contained in such Exchequer bills shall be charged upon and shall be paid out of any supplies to be granted in the next session of Parliament.

IV. That the Exchequer bills to be made out in pursuance of this Act shall bear date on the days on which the same shall be respectively issued, and shall bear an interest not exceeding the rate of 3d. per cent. per diem in respect of the whole of the monies respectively contained therein, payable out of any aids or supplies in the Bank of England standing to the credit of the Exchequer.

v. That all the Exchequer bills to be made out by virtue of this Act, or so many of them as shall from time to time remain undischarged and uncancelled, shall after twelve calendar months from their respective dates be taken and shall pass and be current to all the receivers and collectors in Great Britain of the Customs, Excise, or any revenue, supply, aid, or tax whatsoever, already granted or payable or which shall hereafter be granted or payable to Her Majesty, her heirs and successors, and also at the Bank of England, to the account of Her Majesty's Exchequer, from the said receivers or collectors, or from any other person or persons, bodies politic or corporate whatsoever, making any payment there to Her Majesty, her heirs and successors, upon any account whatever.

VI. That it shall be lawful for the said Commissioners of the Treasury to issue from time to time to the several persons named in the Schedule marked (A.) annexed to this Act, upon application of such persons severally, or of some person duly authorized in their behalf, Exchequer pills to be made out in pursuance of this Act, in value not exceeding in each case the amount set against the name of each such person in the said Schedule respectively: Provided always, that every such applicant shall produce and deliver to the said Commissioners a certificate under the hand of the Comptroller of the Exchequer that the several documents specified in the first-mentioned Act of the last session of Parliament, and set opposite to the name of such applicant in the Schedule annexed to this Act, have been deposited in the office of the Exchequer. VII. That the Attorney General shall be entitled, in the name of Her Majesty, to sue for and recover the amount for which any such forged Exchequer bill purported to have been issued from any person who was at any time possessed thereof, and through whom, mediately or immediately, the possession thereof came to the applicant so indemnified; and in such suit it shall not be necessary to give any evidence, except for proving that the party sued was one through whom the possession of such forged Exchequer bill came to the person indemnified as aforesaid: Provided always, that any person so sued shall be entitled in such suit to plead any matters which would have been a valid defence in case the suit had been brought against him or her by the party who immediately received such forged Exchequer bill from him or her.

VIII. That all monies so recovered shall be paid into the Bank of England to the credit of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

1x. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.

AN ACT to discontinue certain Actions under the Provisions of an Act of the Second Year of King William the Fourth, for regulating the Vend and Delivery of Coals in the Cities of London and Westminster, and in certain parts of the adjacent Counties.

ABSTRACT OF THE ENACTMENTS.

(3rd March 1843.)

1. Actions and informations to be discontinued, upon application to courts of law.-Proviso as to penalties incurred by fraud.

2. Public Act.

By this ACT,

After reciting that by 1 & 2 Will. 4. c. lxxvi. it was amongst other things enacted, that every fitter or other person vending or delivering coals for the port of London should send, in a letter directed to the clerk of the Coal Market, and put into the General Post Office on the day on which the ship or vessel containing any coals should sail on any such voyage, or should

give to the ship-master of such ship or vessel before the same should sail on every or any such voyage, a certificate, signed by such fitter, containing the day of the month and year of such loading, the master's and ship's names, and the quantity of tons, and the usual names of the several and respective collieries out of which the said coals were and should be wrought and gotten, and the price paid by the master or masters for each and every sort of coals that each and every fitter or other person vending or delivering coals as aforesaid, his or their agent or servant, had sold and loaded on board each and every ship or vessel; and in case any person or persons should omit or refuse to give such certificate as aforesaid, or should give or make any false certificate, every person so offending should for every such offence forfeit and pay the sum of 1004. And that by the said Act the said penalty and forfeiture is made recoverable in manner in the said Act directed: And that divers fitters and other persons have inadvertently omitted to comply with the aforesaid provision of the said Act, and many actions, bills, plaints, and informations have been brought and may be commenced against such fitters and other persons, or some of them, by persons who sue, inform, and prosecute, as well on their own behalf as on behalf of Her Majesty, to recover various penalties incurred or alleged to have been incurred under or by virtue of the said Act, by reason of such neglect; and it is expedient that all further proceedings in such actions, bills, plaints, and informations should be prevented :

It is Enacted,

1. That immediately from and after the passing of this Act it shall be lawful for any person or persons against whom any action, bill, plaint, or information shall have been or may be sued out, commenced, or prosecuted for the recovery of any pecuniary penalty or penalties incurred on or before the day of the passing of this Act, under the aforesaid provision of the said Act, for not inserting in the fitter's certificate the usual names of the several and respective collieries out of which the said coals should be wrought and gotten, to apply to the Court in which such action, bill, plaint or information shall have been or may be sued out, commenced, or prosecuted, or to any Judge of any of the superior courts at Westminster, for an order that such action, bill, plaint, or information shall be discontinued upon payment of the costs thereof incurred to the time of such application being made, such costs to be taxed according to the form of such court; and every such Court or Judge is hereby authorized and required, upon such application, to make such order as aforesaid, and upon the making such order, and payment or tender of such costs as aforesaid, such action, bill, plaint, or information shall be forthwith discontinued: Provided always, that if it shall be made to appear to the said Court or Judge, by affidavit or otherwise, that any penalty or penalties sought to be recovered in any such action, bill, plaint, or information has been incurred by the fraud of the defendant or defendants in such action, bill, plaint, or information, then and in every such case it shall be lawful for such Court or Judge to refuse to make such order as to such penalty or penalties, and thereupon to make such other order as to the said Court or Judge shall seem expedient.

II. That this Act shall be a public Act, and shall be judicially taken notice of as such.

CAP. III.

AN ACT for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.

(3rd April 1843.)

[The clauses in this Act are similar to those contained in 5 Vict. c. 12. See 20 Law J. Stat. p. 20.]

CAP. IV.

AN ACT for the Regulation of Her Majesty's Royal Marine Forces while on shore.

[The clauses in this Act are similar to those of 5 Vict. c. 13. See 20 Law J. Stat. p.

(3rd April 1843.) 21.]

CAP. V.

AN ACT to apply the Sum of Eight Millions out of the Consolidated Fund to the Service of the Year One thousand eight hundred and forty-three.

By this ACT, the Commons grant, and it is Enacted,

(3rd April 1843.)

1. That there shall be applied, for the service of the year 1843, the sum of Eight Millions out of the Consolidated Fund.

II. The Treasury may cause Eight Millions of Exchequer bills to be made out in manner prescribed by 48 Geo. 3. c. 1, 4 & 5 Will. 4. c. 15, and 5 & 6 Vict. c. 66.

III. The clauses, &c. in recited Acts extended to this Act.

IV. Interest on Exchequer bills, 34d. per cent. per diem.