Special Act.

as is provided in the Case of certain Plans and Sections by an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to compel Clerks of the Peace for Counties and 7W. 4. & 1 Vict other Persons to take the Custody of such Documents as shall be c. 83. directed to be deposited with them under the Standing Orders of

either House of Parliament.

CLIV. If the Company shall fail to keep or deposit, as herein- Penalty for before mentioned, any of the said Copies of the special Act they failing to keep shall forfeit Twenty Pounds for every such Offence, and also Five or deposit Act. Pounds for every Day afterwards during which such Copy shall

be not so kept or deposited.

CLV. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this Session of Parliament.

SCHEDULE referred to by the foregoing Act.

to wit.

Form of Conviction before

Be it remembered, That on the in the Year of our Lord

Day of

A.B. is convicted before me C., the Sheriff [or before us D., E., Two of Her Majesty's Justices of the Peace] for the County of [here describe the Offence generally, and the Time and Place when and where committed, contrary to the [here name the special Act]. Given under my Hand [or under our Hands], the Day and Year first above written.

Act.

CA P. XXXIV.

An Act for abolishing the separate Seal Office of the Courts of Queen's Bench and Common Pleas. [21st July 1845.]

HEREAS by an Act passed in the Sixth Year of the

WH

Reign of King George the Fourth, intituled An Act to 6 G. 4. c. 89.

authorize the Purchase of the Office of Receiver and Comptroller

of the Seal of the Court of King's Bench and Common Pleas,

and of Custos Brevium of the Court of Common Pleas, it was recited, that the Office of Receiver General and Comptroller of the Seal of the Courts of King's Bench and Common Pleas was, by Letters Patent under the Great Seal of England, dated the Thirtieth Day of April in the Twenty-fifth Year of the Reign of King Charles the Second, granted to Henry Earl of Euston, afterwards Duke of Grafton, in Tail Male, and that the Office was then held by a Person entitled thereto under the said Grant; and it was by the said Act enacted, that it should be lawful for the Commissioners of the Treasury to treat, contract, and agree with the Person beneficially entitled to the Fees, Receipts, and Profits of the said Office, for the Purchase of all the Rights, Profits, Privileges, and Advantages whatever belonging thereto, for such Annuity, to be charged upon the Consolidated Fund of the United Kingdom, as the said Commissioners should think fit; and that from and after the Confirmation of the said AgreeCc 4

'ment

Abolition of Offices of Receiver General and Comptroller of the Seal..

to be sealed by the Masters of of those Courts respectively, &c.

ment by Parliament the Rights and Interests of all Person 'whatsoever claiming or entitled to claim under the said recite 'Letters Patent should cease and determine: And whereas th • Commissioners of Her Majesty's Treasury treated, contracted and agreed with George Henry Fitzroy, the late Duke of Grafto who was entitled to the Office of Receiver General and Comp 'troller of the Seal of the Courts of Queen's Bench and Commo Pleas, and which Contract and Agreement have been accede 'to by the present Duke of Grafton, for the Purchase of th 'said Office, and of all the Rights, Profits, Privileges, an Advantages whatsoever belonging thereto, for an Annuity c Eight hundred and forty-three Pounds payable to the Duke o Grafton, and an Annuity of Three hundred Pounds payable t John Pimlott, his Deputy:' Be it therefore enacted by th Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, i this present Parliament assembled, and by the Authority of th same, That from and after the Thirty-first Day of December On thousand eight hundred and forty-five, the present Office of Re ceiver General and Comptroller of the Seal of the Courts of Queen' Bench and Common Pleas shall wholly cease and determine; and there shall be paid to the present Duke of Grafton the Sum o Eight hundred and forty-three Pounds per Annum, and to Joh Pimlott, his Deputy, the Sum of Three hundred Pounds per Annum; the said Annuity to the Duke of Grafton to be paid to him during his Life, and at his Decease to be continued from Time to Time to such Person or Persons as would have been entitled to the Fees, Profits, and Advantages of the said Office of Receiver General and Comptroller of the Seal of the said Courts, under the Letters Patent before recited, if the same had not been abolished by this Act; and the said Annuity to John Pimlott to be paid to him during his Life; and such Annuities shall commence on the First Day of January One thousand eight hundred and forty-six, and shall be issued and paid and payable quarterly out of and be charged and chargeable upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

Writs, &c. in II. And be it enacted, That from and after the said Thirty-first Courts of Day of December One thousand eight hundred and forty-five, all Queen's Bench, Writs and other Processes hitherto sealed and re-sealed at the said Common Pleas, Office of the Receiver General and Comptroller of the Seal of the and Exchequer Courts of Queen's Bench and Common Pleas shall be sealed and re-sealed by the Masters of the said Courts respectively, and by the Queen's Coroner and Attorney and Master on the Crown Side of the Court of Queen's Bench, with the Seals or Stamps now or which may hereafter be used by them respectively in their several Offices, and with no other Seals; and all Proceedings, Acts, Matters, and Things, usually had, done, and performed in the said Offices hereby abolished, and which it is requisite or needful to be continued, shall be had, done, and performed by the Masters of the said respective Courts, and by the Queen's Coroner and Attorney and Master on the Crown Side of the Court of Queen's Bench, as fully and effectually, to all Intents and Purposes, as the same might or would have been had, done, and performed by the said Receiver General and Comptroller of the Seals of the said

6

Courts,

Courts, or his Deputy; subject nevertheless to all such Orders
and Directions as shall or may from Time to Time be made by
the Judges of the said Courts for regulating the Proceedings and
Practice and the Receipt of Fees therein; and all Records, Books,
Papers, and other Documents of and concerning the Duties of the
said Offices hereby abolished, and also all Seals used therein, shall
on the Thirty-first Day of December One thousand eight hundred
and forty-five be delivered by the said Receiver General and
Comptroller of the Seal of the Courts of Queen's Bench and
Common Pleas, or by his Deputy, to the Masters of the Courts
of Queen's Bench and Common Pleas respectively, and to the
Queen's Coroner and Attorney and Master on the Crown Side of
the Court of Queen's Bench, according to the particular Court and
Office to which such Records and other Things may relate, to be
by them kept and preserved in their respective Offices: Provided Fees.
always, that the Fees now payable for sealing and re-sealing the
said Writs and other Processes shall from and after the said
Thirty-first Day of December One thousand eight hundred and
forty-five be taken and received by the Masters of the said Courts,
and by the Queen's Coroner and Master in the Crown Office, and
such Fees shall be accounted for by them in the same Manner as
all other Fees received in their said respective Offices.

tain Sums of

III. And whereas certain Sums of Money amounting to One Commissioners thousand six hundred and fifty-three Pounds and Fourteen of the Treasury Shillings per Annum, have for many Years past been paid out may direct cerof the Profits of his Office by the Receiver General and Comp- Money to be 'troller of the Seals of the Courts of Queen's Bench and Common paid to the Pleas, by way of Rent-charge, into the Receipt of the Hanaper Clerk of the in the Court of Chancery, and such Payments, unless otherwise Hanaper. * provided for, will wholly cease and determine;' be it therefore enacted, That it shall be lawful for the Commissioners of Her Majesty's Treasury or any Three or more of them, if they shall deem it expedient, to direct the whole or any Part of the said Sum of Money to be paid to the Clerk of the Hanaper in the Court of Chancery, at such Times and in such Manner as they may think proper, out of the Fee Funds respectively of the Masters of the Courts of Queen's Bench and Common Pleas, into which Funds the Fees for sealing Writs and other Process issued from the said Courts will be payable upon the Abolition of the said Office of the Receiver General and Comptroller of the Seals by the Operation of this Act.

CA P. XXXV.

An Act to simplify the Form and diminish the Expence of
obtaining Infeftment in Heritable Property in Scotland.
[21st July 1845.]

WHEREAS it is expedient to simplify the Form and diminish

the Expence of obtaining Infeftment in Heritable Property in Scotland: 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 present Parliament assembled, and by the Authority of the same, That from How Sasine and after the First Day of October in the present Year One thou- to be given in

sand

future.

Instruments of
Sasine to be

corded.

sand eight hundred and forty-five it shall not be necessary proceed to the Lands in which Sasine is to be given, or to p form any Act of Infeftment thereon, but Sasine shall be effectua given therein and Infeftment obtained by producing to a Not Public the Warrants of Sasine and relative Writs, as now in to be produced at taking Infeftment, and by expeding and reco ing in the General Register of Sasines, or the Particular Regis of Sasines applicable to the Lands contained in the Warrant Infeftment, in manner herein-after directed, an Instrument Sasine, setting forth that Sasine had been given in the said Lan and subscribed by the said Notary Public and Witnesses, acco ing to the Form and as nearly as may be in the Terms of Sched (B.) hereto annexed; and such Form of Infeftment shall effectual, whether the Lands lie contiguous or discontiguous, are held by the same or by different Titles, or of One or mo Superiors, or whether the Deed entitling the Party to obta Infeftment be dated prior or subsequent to the present Act, whether the Precept of Sasine therein be in the Form heretofo in use, or in the Form authorized by the present Act.

II. And be it enacted, That from and after the said Fir Day of October every such Instrument of Sasine shall be record entered and re- in manner heretofore in use with regard to Instruments of Sasin and the Keepers of the Registers of Sasines are hereby required receive and register the same accordingly; and such Instrument Sasine, being so recorded, shall in all respects have the sam Effect as if Sasine had been taken and an Instrument of Sasin duly recorded according to the Law and Practice heretofore in us III. And be it enacted, That from and after the said Firs ed at any Time, Day of October every such Instrument of Sasine may be compe tently and effectually recorded at any Time during the Life the Party in whose Favour such Instrument has been expede, bu the Date of Presentment and Entry set forth on any such Instru ment by the Keeper of the Record shall be taken to be the Date of the Instrument of Sasine and Infeftment.

May be record

but Date of

Presentment to

be Date of Infeftment.

In case of Error or Defect, another Instrument may be recorded.

Forms of the
Precept and
Instrument of
Sasine.

Precept from

Chancery to be issued to Notaries upon Payment of Retour Duties and Casualties.

IV. And be it enacted, That in case of any Error or Defect in any such Instrument of Sasine, or in the recording thereof, it shall be competent of new to make and record an Instrument of Sasine, which shall have Effect from the Date of the recording thereof, as if no previous Instrument or Instruments had been made or recorded.

V. And be it enacted, That in all Deeds containing a Precept of Sasine such Precept may be in the Form and as nearly as may be in the Terms of the Schedule (A.) hereto annexed, and the Instrument of Sasine on any such Deed shall be in the Form and as nearly as may be in the Terms of the said Schedule (B.) hereto annexed, which Precepts and Instruments of Sasine respectively shall be as valid and effectual as the Precepts and Instruments of Sasine heretofore in use.

VI. And be it enacted, That where Infeftment is to be com pleted under a Precept issuing from the Office of Chancery, which Precept has hitherto been directed to the Sheriff of the County in which the Lands or some Part thereof lie, such Precept shall, after the said First Day of October, be addressed to any Notary Public: Provided always, that such Precept shall be null and

void unless an Instrument of Sasine thereon be recorded in the General Register of Sasines, or the Register of Sasines applicable to the Lands therein contained, before the first Term of Whitsunday or Martinmas posterior to the Date of such Precept, without prejudice to a new Precept being issued as heretofore, and that before such Precept is issued from Chancery the Retour Duties and Casualties due to the Crown shall be paid to the proper Officer there, who shall account to the Exchequer for the same in like Manner as the Sheriffs were wont to do; and Fees to be paid the same Officer shall also receive at the same Time certain to Sheriffs and Sheriff Clerks Fees on behalf of the Sheriffs, Sheriffs Substitute, and Sheriff for a limited Clerks of the Counties in which the Lands lie, and on which Period. Sasine would have been taken according to the Form heretofore n use, and to whom such Officer shall account for the same, in place of the Fees which they have heretofore been in use to receive, but such Fees shall be paid only during the Existence of the respective Interests of the present Sheriffs, Sheriff's Substitute, and Sheriff Clerks in their respective Offices; and the Lords of Council and Session are hereby authorized and required, by an Act or Acts of Sederunt, to regulate and determine the Amount of the Fees to be so received on behalf of each Sheriff, Sheriff Substitute, and Sheriff Clerk, having due Regard to the existing Interest of each.

sent.

VII. And whereas it is not hereby intended to make any Forms of 'Alterations in the Law with regard to Instruments of Sasine Burgage Sa * and Instruments of Cognition, and Sasine of Subjects held sines to con* Burgage, or by any similar Mode of Tenure known and effectual tinue as at prein Law, excepting as after specified;' be it enacted, That the Forms and Modes of Registration of these Instruments shall continue the same as at present, excepting only that the same shall be valid and effectual, if attested by the Town Clerk as a Notary, without the Addition of his Docquet, and by the Witnesses, and that the Delivery of Symbols may lawfully be given, either on the Ground of the Subjects as heretofore, or within the Council Chamber of the Burgh by Delivery of a Pen.

ad remanentiam regulated.

VIII. And be it enacted, That Instruments of Resignation ad Instruments of remanentiam shall be written in the same Form as at present, Resignation but it shall be unnecessary for the Notary Public to adhibit his long Docquet to such Instruments; and further, that all Resignations ad remanentiam may be accepted by the Superior himself, or on his Behalf by his known Agent for the Time, or by any Person having a formal Commission for that Purpose.

6

lished.

IX. And whereas Instruments of Resignation in favorem, as Instruments of separate Instruments intended merely to connect the Procuratory Resignation in with the Charter of Resignation, are now rarely used in Prac- favorem abo'tice, and are wholly unnecessary;' be it enacted, That from and after the said First Day of October the same shall be and are hereby abolished: Provided always, that the Deduction of Titles required by the Act of the Parliament of Scotland made in the Year One thousand six hundred and ninety-three, intituled Act anent Procuratories of Resignation and Precepts of Seisin, to be made in such Instruments, shall from and after the Date of this Act be made in the Charter of Resignation.