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Commissioners of Stamps pro

hibited from stamping any Articles of Clerkship, &c. after Six Months from the Date thereof.

1 & 2 G.4. c.48. § 1.

Proviso for Persons who have taken a Degree at Oxford, Cam

bridge or Dublin, previous to

the passing of recited Act, and have since

duly served as a

Clerk for Three
Years.

Attornies and others, practising in certain Courts of Justice in Great Britain, or in any other Act or Acts to the contrary in anywise notwithstanding.

IV. And be it further enacted, That it shall not be lawful for the Commissioners of Stamps, or any of their Officers to stamp, under any Pretence whatever, after the Expiration of Six Months from the Date thereof, any Vellum, Parchment or Paper, upon which shall be ingrossed, printed or written any Articles of Clerkship, Contract, Indenture or other Instrument whereby any Person shall become bound to serve as a Clerk or Apprentice, in order to his Admission as a Solicitor, Attorney, Proctor, Writer to the Signet, Agent or Procurator, in any of the Courts of Law or Equity, or the High Courts of Admiralty, or any Ecclesiastical Court, or the Courts of Session, Justiciary, Exchequer, Commission of Teinds, or the Commissary Court, or any inferior Court in Great Britain.

'V. And Whereas by an Act passed in the First and Second Years of the Reign of His present Majesty, intituled An Act to ' amend the several Acts for the Regulation of Attornies and Soli'citors, it was enacted that certain Persons in the said Act mentioned, who had taken certain Degrees therein also mentioned at either of the Universities of Oxford, Cambridge or Dublin, should, after a Service of Three Years to a Solicitor or Attorney in the Manner by the said Act directed, be qualified to be ad'mitted and inrolled an Attorney or Solicitor in the several Courts of Law or Equity; provided such Persons should have taken their Degree of Bachelor of Arts within Six Years next after 'their Matriculation at such Universities, or Bachelor of Law within Eight Years after their Matriculation at such Universities: And Whereas it is expedient that such Proviso should not apply to such Persons who had taken such Degrees previous to the passing of the said Act;' Be it enacted, That every Person who shall have taken his Degree of Bachelor of Arts or Bachelor of Law at either of the said Universities, previous to the passing of the said recited Act, and who since the passing thereof shall have duly served as a Clerk, by Contract in Writing, duly stamped at or before the signing thereof, or within Six Months afterwards, to an Attorney or Solicitor, for the Term of three Years, as by the said recited Act is directed, shall be qualified to be sworn and to be admitted and enrolled as an Attorney or Solicitor respectively, according to the Nature of his Service, in the several and respective superior Courts of Law or Equity at Westminster, as fully and effectually, to all Intents and Purposes, as any Person having been bound and having served Five Years is qualified to be sworn and to be admitted or enrolled an Attorney or Solicitor under or by virtue of any Act or Acts now in force for the Regulation of Attornies or Solicitors in England; any Thing in the said Acts or any of them to the contrary thereof in anywise notwithstanding.

САР.

CAP. XLV.

An Act for repealing an Act passed in the Thirty ninth and Fortieth Years of the Reign of His late Majesty King George the Third, intituled An Act for Relief of Persons entitled to Entailed Estates to be purchased with Trust Monies, and for making further Provisions in lieu thereof.

[26th May 1826.]

WHEREAS an Act was passed in the Thirty ninth and Fortieth 39 & 40 G.3.

Years of the Reign of His late Majesty King George the c.56. • Third, intituled An Act for Relief of Persons entitled to Entailed • Estates to be purchased with Trust Monies; and such Act has 'been of great public Benefit, but it has been found that the • Provisions thereof do not apply to all Cases to which Relief to such Persons may reasonably be extended, and it is therefore expedient that the said Act should be repealed, except as herein' after mentioned, and that other Provisions should be made in lieu of those therein contained:' Be it therefore enacted by the King'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 the said Act shall be and the same is hereby repealed, except repealed as as to such Proceedings under the said Act as shall have been com- herein menmenced before the passing of this Act, and which may be continued tioned. under the Authority and according to the Provisions of the said Act or of this Act, as shall be most expedient.

Proviso where
Money, under

Controul of a Court of Equity, shall be subject to be invested in Purchase of Freehold or Copyhold Premises under certain Settlements as herein mentioned.

II. And be it further enacted, That from and after the passing of this Act, in all Cases where Money under the Controul of any Court of Equity, or of or to which any Individuals as Trustees are possessed or entitled, shall be subject to be invested in the Purchase of Freehold or Copyhold Hereditaments, or both, to be settled upon any Person or Persons in such Manner that it would be competent, in case such Money had been invested in the Purchase of Real Estates, for the Person or Persons who would be the Tenant or Tenants of any Estate or Estates Tail therein, either alone or together with the Person or Persons who would be the Owner or Owners of any particular preceding Estate or Estates therein, by Deed, Fine or Common Recovery, or any of them, or other lawful Act, in the case of Freehold Hereditaments, or by Surrender and Recovery, or either of them, or other lawful Act, in the Case of Copyhold Hereditaments, to bar such Estate or Estates Tail, and the Rights and Interests of all Persons in Remainder after such Estate or Estates Tail, it shall not be necessary to have such Money actually invested in Lands or Hereditaments, in order that such Estates Tail and Remainders over may be so barred; but that it shall be lawful for the High Court of Chancery, or such Court of Equity under the Controul of which such Money shall be, and in the Case of Trustees for the said High Court of Chancery or the Court of Exchequer, in a summary Way, upon Petition of the Person or Persons who would be Tenant or Tenants Petition. of such Estate or Estates Tail, and of the Person or Persons, if any, whose Concurrence would be necessary and sufficient in order to enable the Person or Persons who would be Tenant or Tenants

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of

Proviso for Cases of less than 2001.

Persons Tenants in Tail, &c. presenting such Petitions.

of such Estate or Estates Tail to bar the same, and the Rights and Interests of all Persons in Remainder after such Estate or Estates Tail, such Petitioners being Adults, and where any of the Parties are or is Femes Covert or a Feme Covert, they or she being first separately examined in Court or upon a Commission, and consenting (except only in Cases where the Fund in which she or they shall be interested shall be less than Two hundred Pounds, in which Case such Consent shall not be required,) to make such Description of Orders and Declarations as are hereinafter mentioned; that is to say, in case such Petition shall be presented by the Person or Persons who would at the Time of presenting the same be Tenant or Tenants in Tail in Possession of the Hereditaments to be purchased free from Incumbrances, or shall be presented by the Person or Persons who would at the Time of presenting such Petition be Tenant or Tenants of the first Estate or first Estates Tail, together with or with the Consent of the Person or Persons, if any, who would be Owner or Owners of the antecedent particular Estate or Estates, or who would be entitled to any Charge or Incumbrance antecedent to the Estate or Estates of such Tenant or Tenants in Tail, as the Case may be, to order the Money subject to such Trusts to be paid to the Petitioner or Petitioners, or any of them, or to be paid and applied in such Manner and for such Purposes as the Petitioners shall appoint and the Court shall approve of; and in case such Petition shall be presented by the Person or Persons who would at the Time of presenting the same be Tenant or Tenants in Tail in Possession of the Hereditaments to be purchased, but such Petition shall be presented without the Concurrence of all the Persons (if any) who would be entitled to any Charge or Incumbrance affecting the Hereditaments to be purchased antecedently to the Estate of such Tenant or Tenants in Tail, or shall be presented by the Person or Persons who would at the Time of presenting such Petition be Tenant or Tenants of some Estate or Estates Tail in the Hereditaments so to be purchased, together with or with the Consent of the Person or Persons (if any) whose Concurrence would be necessary and sufficient, in order to enable the Person or Persons who would be Tenant or Tenants of such Estate or Estates Tail, in case the said Hereditaments were purchased, to bar the said Estate or Estates Tail, and the Rights and Interests of all Persons in Remainder after such Estate or Estates Tail, but without the Concurrence of all the Persons who would be entitled to particular Estates in, or to Charges or Incumbrances upon, the said Hereditaments, antecedently to such Estate or Estates Tail, to declare that such Estate or Estates Tail, and all Remainders and Reversions expectant thereon, is and are absolutely barred, and to order that the Hereditaments to be purchased with the Money subjected to the said Trusts shall, when purchased, be settled (subject to the Uses, Trusts, Estates and Interests antecedent to such Estate or Estates Tail) to the Use of the Person or Persons who would have been entitled to such Estate or Estates Tail, his, her and their Heirs and Assigns; and every such Declaration and Order shall be binding and conclusive, not only the Person or Persons who would have been entitled to such Estate or Estates Tail, but also upon all Persons who could have claimed through or under such Person

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Person or Persons by force only of such Entail, or in Remainder or Reversion after such Estate or Estates Tail.

Securities for

such Money may be trans

ferred under Order of

III. And be it further enacted, That in all Cases where Monies subjected to be laid out in the Purchase of Hereditaments, to be settled as aforesaid, shall happen to be invested in Government or Real or other Securities, all such Securities shall for the Purposes of this Act be considered as Money, and shall and may accord- Court. ingly be transferred, assigned and disposed of under an Order of the respective Courts aforesaid, made in a summary Way upon the Petition of such Persons, and with such Examination and Consent where necessary as aforesaid, in such and the same Manner as Monies subjected to be laid out in the Purchase of Hereditaments, to be settled as aforesaid, are hereinbefore authorized to be paid, applied and disposed of; and all Declarations and Orders to be made as to any such Securities shall be of equal Force and Validity with the Declarations and Orders hereinbefore authorized to be made, as to Money subjected to be laid out in the Purchase of Hereditaments to be settled as aforesaid.

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CAP. XLVI.

An Act for the better regulating Copartnerships of certain Bankers in England; and for amending so much of an Act of the Thirty ninth and Fortieth Years of the Reign of His late Majesty King George the Third, intituled An Act for establishing an Agreement with the Governor and Company of the Bank of England, for advancing the Sum of Three Millions towards the Supply for the Service of the Year One thousand eight hundred, as relates to the same.

WHE

[26th May 1826.]

142 Vic: 96.

$ 15.

HEREAS an Act was passed in the Thirty ninth and 39 & 40 G.3. Fortieth Years of the Reign of His late Majesty King c.28. George the Third, intituled An Act for establishing an Agreement with the Governor and Company of the Bank of England, for advancing the Sum of Three Millions towards the Supply for the Service of the Year One thousand eight hundred: And Whereas it was, to prevent Doubts as to the Privilege of the said Governor and Company, enacted and declared in the said <recited Act, that no other Bank should be erected, established or allowed by Parliament; and that it should not be lawful for « any Body Politic or Corporate whatsoever, erected or to be < erected, or for any other Persons united or to be united in Covenants or Partnership, exceeding the Number of Six Persons, in that Part of Great Britain called England, to borrow, ⚫owe or take up any Sum or Sums of Money on their Bills or Notes payable on Demand, or at any less Time than Six Months < from the borrowing thereof, during the Continuance of the said Privilege to the said Governor and Company, who were thereby declared to be and remain a Corporation, with the Privilege of • Exclusive Banking, as before recited; but subject nevertheless to Redemption on the Terms and Conditions in the said Act specified: And Whereas the Governor and Company of the Bank • of England have consented to relinquish so much of their ex7 GEO. IV. 'clusive

K

In what Cases

Six in Number

may carry on
Business as
Bankers in
England.

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clusive Privilege as prohibits any Body Politic or Corporate, or any Number of Persons exceeding Six, in England, acting in Copartnership, from borrowing, owing or taking up any Sum or Sums of Money on their Bills or Notes payable on Demand, or at any less Time than Six Months from the borrowing thereof; provided that such Body Politic or Corporate, or Persons united in Covenants or Partnerships, exceeding the Number of Six Persons in each Copartnership, shall have the whole of their Banking Establishments and carry on their Business as Bankers at any Place or Places in England exceeding the Distance of Sixty five Miles from London, and that all the Individuals composing such Corporations or Copartnerships, carrying on such Business, shall be liable to and responsible for the due Payment of all Bills and Notes issued by such Corporations or Copart-i 'nerships respectively: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lord Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That and under what from and after the passing of this Act it shall and may be lawful Circumstances for any Bodies Politic or Corporate erected for the Purposes of and Conditions Banking, or for any Number of Persons united in Covenants or Copartnerships of more than Copartnership, although such Persons so united or carrying on Business together shall consist of more than Six in Number, to carry on the Trade or Business of Bankers in England, in like Manner as Copartnerships of Bankers consisting of not more than Six Persons in Number may lawfully do; and for such Bodies Politic or Corporate, or such Persons so united as aforesaid, to make and issue their Bills or Notes at any Place or Places in England exceeding the Distance of Sixty five Miles from London, payable on Demand, or otherwise at some Place or Places specified upon such Bills or Notes, exceeding the Distance of Sixty five Miles from London and not elsewhere, and to borrow, owe or take up any Sum or Sums of Money on their Bills or Notes so made and issued at any such Place or Places as aforesaid: Provided always, that such Corporations or Persons carrying on such Trade or Business of Bankers in Copartnership shall not have any House of Business or Establishment as Bankers in London, or at any Place or Places not exceeding the Distance of Sixty five Miles from London; and that every Member of any such Corporation or Copartnership shall be liable to and responsible for the due Payment of all Bills and Notes which shall be issued, and for all Sums of Money which shall be borrowed, owed or taken up by the Corporation or Copartnership of which such Person shall be a Member, such Person being a Member at the Period of the Date of the Bills or Notes, or becoming or being a Member before or at the Time of the Bills or Notes being payable, or being such Member at the Time of the borrowing, owing or taking up of any Sum or Sums of Money upon any Bills or Notes by the Corporation or Copartnership, or while any Sum of Money on any Bills or Notes is owing or unpaid, or at the Time the same became due from the Corporation or Copartnership; any Agreement, Covenant or Contract to the contrary notwithstanding.

This Act not to authorize

II. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to enable

or

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