by 3&4 W. 4.

c. 42. and pay

Defendant shall plead the Matters allowed to be pleaded by the dant shall plead said first-mentioned Act, and shall on filing such Plea pay Money Matters allowed into Court as provided by such Act, such Payment into Court shall be of the same Effect, and be available in the same Manner Money into and to the same Extent, and be subject to the same Rules and Court, such Regulations now in force or hereafter to be made as to Payment Payment to be of Costs and the Form of Pleading, except so far as regards the of same Effect pleading of the additional Facts so required to be pleaded by such as if required Defendant, as if Actions for Libel had not been excepted from by said Act. the personal Actions in which it is lawful to pay Money into Court under the said recited Act of the Third and Fourth Years of the Reign of Her present Majesty.

II. And be it declared and enacted, That it shall not be com- Defendant not petent to any Defendant in such Action, whether in England or to file such Plea in Ireland, to file any such Plea, without at the same Time making without paying a Payment of Money into Court by way of Amends as provided Money into by said Act, but every such Plea so filed without Payment of Money into Court shall be deemed a Nullity, and may be treated as such by the Plaintiff in the Action.

CA P. LXXVI.

An Act to increase the Stamp Duty on Licences to Ap-
praisers; to reduce the Stamp Duties on Registry Searches
in Ireland; to amend the Law relating to the Duties on
Legacies; and also to amend an Act of the last Session of
Parliament, for regulating the Issue of Bank Notes in
England.
[4th August 1845.]

WHEREAS under and by virtue of an Act passed in the

Court by way of Amends.

Fifty-fifth Year of the Reign of King George the Third, 'intituled An Act for repealing the Stamp Duties on Deeds, 55 G. 3. c. 184. *Law Proceedings, and other written or printed Instruments, and the Duties on Fire Insurances, and on Legacies and Successions to Personal Estate upon Intestacies, now payable in Great Britain, and for granting other Duties in lieu thereof, certain Stamp Duties specified and contained in a Schedule to the said Act annexed were granted and made payable in Great Britain, and (amongst others) the Duty of Ten Shillings for and in respect of a Licence to use and exercise the Calling or Occupation of an Appraiser, to be taken out yearly by every Person who *shall exercise the said Calling or Occupation, or make any Appraisement or Valuation charged by the said Act with a Duty, for or in expectation of any Gain, Fee, or Reward, except licensed Auctioneers: And whereas under and by virtue of an Act passed in the Fifth and Sixth Years of Her present Majesty's Reign, intituled An Act to assimilate the Stamp Duties 5&6 Vict. c. 82. in Great Britain and Ireland, and to make Regulations for

4

6

collecting and managing the same until the Tenth Day of October

One thousand eight hundred and forty-five, the Stamp Duties granted and then payable in England under or by virtue of the said first-recited Act were extended to and made payable in Ireland for a Term limited by the said last-recited Act, in lieu of certain Stamp Duties thereby repealed, and the same Duties

Nn 3

' have

8 & 9 Vict. c. 2.

Stamp Duty on Appraisers

Licences repealed, and an increased Duty thereon granted

in lieu.

Stamp Duties

payable in Ireland on Re

gistry Searches repealed, and reduced Duties

granted in lieu

thereof.

have been granted and continued and are now payable in Ireland for a further Term, under and by virtue of an Act passed in 'this present Session of Parliament, intituled An Act to continue 'for Three Years the Stamp Duties granted by an Act of the Fifth and Sixth Years of Her present Majesty, to assimilate the Stamp Duties in Great Britain and Ireland, and to make Regu lations for collecting and managing the same until the Tenth • Day of October One thousand eight hundred and forty-five : And whereas it is expedient to increase the Duty in respect of Licences to be taken out by Appraisers in Great Britain and • Ireland respectively:' 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 and after the passing of this Act the said Duty now payable in Great Britain and Ireland respectively under or by virtue of the said several recited Acts or any of them, for or in respect of s Licence to use and exercise the Calling or Occupation of an Appraiser, shall cease and determine, and the same is hereby repealed; and that in lieu thereof there shall be granted, raised, levied, collected, and paid in Great Britain and Ireland respec tively, unto and for the Use of Her Majesty, Her Heirs and Successors, the Duty of Two Pounds.

For and in respect of a Licence to use and exercise the Calling or Occupation of an Appraiser, to be taken out yearly by every Person (except a licensed Auctioneer) who shall exercise the said Calling or Occupation of an Appraiser, or who, for or in expectation of any Gain, Fee, or Reward, shall make any Appraisement or Valuation chargeable by Law with any Stamp Duty.

II. 'And whereas under and by virtue of the said several recited • Acts certain Duties have been granted and are now payable in • Ireland in respect of Searches in the Office for the Registry of • Deeds, and it is expedient to repeal the same, and to grant other and reduced Duties in lieu thereof; be it therefore enacted, That from and after the passing of this Act the several and respective Stamp Duties now payable in Ireland under or by virtue of the said several recited Acts or either of them, in respect of Searches in the Office for the Registry of Deeds, (that is to say,) for or in respect of "any Copy or Extract of any Memorial, or of the Registry of any Memorial, registered pursuant to any Act of Parliament made for the public registering of Deeds and Conveyances," or for or in respect of "every Piece of Vellum, Parchment, or Paper upon which any such Copy or Extract shall be written after the first," shall cease and determine in Ireland, save and except such of the said Duties or so much or such Part or Parts thereof as have become due and payable and now remain in arrear and unpaid; and that in lieu of the said Duties so hereby repealed as last mentioned there shall be granted, raised, levied, collected, and paid in Ireland, unto and for the Use of Her Majesty, Her Heirs and Successors, the several Duties next herein-after mentioned; (that is to say,)

For and in respect of Extracts or Abstracts from Deeds of other Acts issued from the Office for Registry of Deeds and

so forth, called the Registry Office, and commonly called a
Common Search, and whether such Search shall contain the
Extract from any Deeds or Deed or not, and whether the
same be signed by or on behalf of any Officer or Clerk belong-
ing to such Office or not;

For each Sheet or Piece of Paper on which such Search,
Extract or Extracts, Abstract or Abstracts, shall be
written, the Sum of Three Shillings:

And for and in respect of Searches for Deeds, or Abstracts
or Extracts from Deeds, or other Acts, issued from the Office
for registering Deeds, called the Register Office, commonly
called a Negative Search;

For each Copy of any Deed or Memorial, or for each Ex-
tract or Abstract from any Deed or Memorial, which
such Negative Search shall give or contain, the Sum of
Three Shillings;

And on the Officer's Certificate on such Search, over and
above all other Duties, the Sum of Ten Shillings.

the Duties

III. And be it enacted, That the said several Duties by this Powers and Act granted shall be denominated and deemed to be Stamp Duties, Provisions of and shall be under the Care and Management of the Commis- former Acts to sioners of Stamps and Taxes for the Time being; and that all be applied to the Powers, Provisions, Clauses, Regulations, and Directions, granted by this Fines, Forfeitures, Pains, and Penalties, contained in or imposed Act. by the several former Acts of Parliament relating to any prior Duties of the same Kind or Description in Great Britain and Ireland respectively, and in force at the Time of the passing of this Act, shall respectively be of full Force and Effect with respect to the Duties by this Act granted, and to the Vellum, Parchment, and Paper, Articles, Matters, and Things, charged and chargeable therewith, and to the Persons liable to the Payment of the said Duties, and shall be observed, applied, enforced, and put in execution for the raising, levying, collecting, and securing of the said Duties hereby granted, and otherwise in relation thereto, as fully and effectually, to all Intents and Purposes, as if the same had been herein repeated and specially enacted with reference to the said Duties by this Act granted.

IV. And whereas under or by virtue of the said several recited Certain Gifts Acts certain Duties have been granted and are now payable in by Will or TesGreat Britain and Ireland respectively upon Legacies, and tamentary In⚫ Doubts have been entertained whether certain Gifts by Will or deemed LeTestamentary Instrument are Legacies liable to the said Duties, gacies.

and it is expedient to remove such Doubts; be it therefore enacted, That from and after the passing of this Act every Gift by any Will or testamentary Instrument of any Person, which by virtue of any such Will or Testamentary Instrument is or shall be payable, or shall have Effect or be satisfied out of the Personal or Moveable Estate or Effects of such Person, or out of any Personal or Moveable Estate or Effects which such Person hath had or shall have had Power to dispose of, or which Gift is or shall be payable or shall have Effect or be satisfied out of or is or shall be charged or rendered a Burden upon the Real or Heritable Estate of such Person, or any Real or Heritable Estate, or the Rents or Profits thereof, which such Person hath had or shall

Nn 4

have

strument to be

Proviso.

Provision for
Recovery and
Application of
Penalties under
7 & 8 Vict. c. 32.

have had any Right or Power to charge, burden, or affect with
the Payment of Money, or out of or upon any Monies to arise by
the Sale, Burden, Mortgage, or other Disposition of any such Real
or Heritable Estate, or any Part thereof, whether such Gift shall
be by way of Annuity or in any other Form, and also every Gift
which shall have Effect as a Donation mortis causâ, shall be
deemed a Legacy within the true Intent and Meaning of all the
several Acts granting or relating to Duties on Legacies in Great
Britain and Ireland respectively, and shall be subject and liable
to the said Duties accordingly: Provided always, that no Sum of
Money which by any Marriage Settlement is or shall be subjected
to any limited Power of Appointment to or for the Benefit of any
Person or Persons therein specially named or described as the
Object or Objects of such Power, or to or for the Benefit of the
Issue of any such Person or Persons, shall be liable to the said
Duties on Legacies under the Will in which such Sum is or shall
be appointed or apportioned in exercise of such limited Power.
V. And whereas an Act was passed in the last Session of
Parliament, intituled An Act to regulate the Issue of Bank
Notes, and for giving to the Governor and Company of the
'Bank of England certain Privileges for a limited Period, and
'certain Penalties are thereby imposed for Offences against the
Provisions of the same Act, and it is expedient to provide for
the Recovery and Application of such Penalties;' be it therefore
enacted, That from and after the passing of this Act all pecuniary
Penalties imposed by or incurred under the said last-recited Act
may be sued or prosecuted for and recovered, for the Use of Her
Majesty, in the Name of Her Majesty's Attorney General or Soli-
citor General, or of any Person authorized to sue or prosecute for
the same, by Writing under the Hands of the Commissioners of
Stamps and Taxes, or in the Name of any Officer of Stamp Duties,
by Action of Debt, Bill, Plaint, or Information in the Court of
Exchequer at Westminster, in such and the same Manner as any
Penalties imposed by any of the Laws now in force relating to the
Duties under the Management of the said Commissioners; and it
shall be lawful in all Cases for the said Commissioners, either
before or after any Proceedings commenced for Recovery of any
such Penalty, to mitigate or compound any such Penalty as they
shall think fit, and to stay any such Proceedings after the same
shall have been commenced, and whether Judgment may have
been obtained for such Penalty or not, on Payment of Part only of
any such Penalty, with or without Costs, or on Payment only of
the Costs incurred in such Proceedings, or of any Part thereof, or
on such other Terms as such Commissioners shall judge reason-
able: Provided always, that in no such Proceeding as aforesaid
shall any Essoign, Protection, Wager of Law, or more than One
Imparlance, be allowed; and all pecuniary Penalties imposed by
or incurred under the said last-recited Act, by whom or in whose
Name soever the same shall be sued or prosecuted for or recovered,
shall go and be applied to the Use of Her Majesty, and shall be
deemed to be and shall be accounted for as Part of Her Majesty's
Revenue arising from Stamp Duties, any thing in any Act con
tained, or any Law or Usage, to the contrary in anywise notwith
standing: Provided always, that it shall be lawful for the said

Com

Commissioners, at their Discretion, to give all or any Part of such Penalties as Rewards to any Person or Persons who shall have detected the Offenders, or given Information which may have led to their Prosecution and Conviction.

VI. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this present Session of Par- Act. liament.

6

An Act to make further Regulations respecting the Tickets of Work to be delivered to Persons employed in the Manufacture of Hosiery, in certain Cases.

[4th August 1845.]

HEREAS by an Act passed in the Fifth Year of the Reign

of King George the Fourth, intituled An Act to consoli- 5 G. 4. c. 96.

' date and amend the Laws relative to the Arbitration of Dis

putes between Masters and Workmen, it was enacted, amongst other things, that "with every Piece of Work given out by 'the Manufacturer to a Workman to be done there shall (if both 'Parties are agreed) be delivered a Note or Ticket in such Form as the said Parties shall mutually agree upon :" And whereas it is expedient that, so far as relates to Persons employed in the Woollen, Worsted, Linen, Cotton, and Silk Hosiery Manufactures, such further Provision should be made for Delivery to 'them of a Note or Ticket of Work as herein-after is expressed :' 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 and after the First Manufacturer Day of January in the Year One thousand eight hundred and to deliver with forty-six, when any Manufacturer of Hosiery, or the Agent of any Ticket of Work. such Manufacturer, gives out to a Workman the Materials to be wrought, such Manufacturer or Agent shall at the same Time deliver to such Workman a printed or written Ticket, signed by such Manufacturer, containing the Particulars of the Agreement between such Manufacturer and such Workman, as in the Schedule to this Act annexed; and such Manufacturer or Agent delivering such Ticket shall make or cause to be made, and shall preserve until the Work contracted to be done shall have been completed or paid for, a Duplicate of such Note or Ticket.

Materials a

II. And be it enacted, That in the event of any Dispute between Ticket to be the Manufacturer or his Agent and the Workman, such Ticket, Evidence. and the said Duplicate thereof, shall be required to be produced,

and shall, together or either of them, be Evidence of all things

mentioned therein or respecting the same.

to be produced.

III. Provided always, and be it enacted, That where the Subject When Dispute of Dispute relates to the alleged improper or imperfect Execution arises as to imof any Work delivered to a Manufacturer or his Agent, such perfect ExecuPiece of Work shall be produced in order to Adjudication, or if tion the Work not produced shall be deemed and taken to have been sufficiently and properly executed. IV. And be it enacted, That if any Manufacturer or Agent Manufacturer shall neglect or refuse to deliver such Ticket to such Workman for Non-deli

12

Penalty on

as very of Ticket.