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Treasury to pay 42,000l.

out of Consolidated Fund, to the Mayor, &c. of the City of London.

Tax free.

Treasury empowered to ad

vance Monies

out of Consoli

dated Fund on
Credit of
Bridge House
Estates.

Form of Security.

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and expedient: And Whereas the said Lords Commissioners of His Majesty's Treasury are willing to allow and advance Sums of Money for the Purposes aforesaid, if such Payments be sanctioned by the Authority of Parliament:' May it therefore please Your Majesty that it may be enacted; and be it 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 on or before the Fifth Day of January One thousand eight hundred and twenty eight there shall be paid, from and out of the Duties, Revenues and Incomes composing the Fund called, the Consolidated Fund of the United Kingdom of Great Britain and Ireland, or out of the growing Produce of the said Fund, the Sum of Forty two thousand Pounds of lawful Money of Great Britain, by the Lord High Treasurer, or the Commissioners of His Majesty's Treasury for the Time being, or any Three or more of them, to the Mayor, Aldermen and Commons of the City of London in Common Council assembled, or to the Chamberlain of the City of London for the Time being, free and clear of all Fees and Deductions whatsoever.

II. And be it further enacted, That it shall be lawful for the Lord High Treasurer, or the Commissioners of His Majesty's Treasury for the Time being, or any Three or more of them, if he or they shall think it expedient, from time to time to advance and lend, out of the said Duties, Revenues and Incomes composing the said Consolidated Fund, or out of the growing Produce of the said Fund, to the Mayor, Aldermen and Commons of the City of London in Common Council assembled, or to the Chamberlain of the said City of London for the Time being, free and clear of all Fees and Deductions whatsoever, any Sum or Sums of Money which the said Lord High Treasurer or the said Commissioners of His Majesty's Treasury shall think proper, upon such Security being given for Repayment thereof, with such Rate of Interest, and at such Times and Manner, as the said Lord High Treasurer or Commissioners, or any Three or more of them, shall direct (but subject to prior Charges), out of the Rents and Profits of the said Messuages, Lands, Tenements and Hereditaments called The Bridge House Estates.

III. And be it further enacted, That every Security for any Sum or Sums of Money which shall be lent by the Lord High Treasurer or the Commissioners of His Majesty's Treasury or any Three, or more of them, by virtue of this Act, shall be made to the Solicitor for the Time being of His Majesty's Treasury in the Words or to the Effect following; (that is to say,)

By virtue of an Act passed in the Fourth Year of the Reign of His present Majesty, intituled [here set forth the Title of the 'said recited Act], and of an Act passed in the Seventh Year of His said present Majesty, intituled [here set forth the Title of this Act], We, the Mayor and Commonalty and Citizens of the City of London, in Consideration of the Sum of

advanced and lent by the Lord High Treasurer or the Commis⚫sioners of His Majesty's Treasury [as the Case may be], upon the Credit and for the Purposes of the said Act, and paid to the

Chamberlain

6

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Chamberlain of the said City of London, do grant, bargain, sell and demise unto

(the Solicitor of His Majesty's Treasury), his Executors, Admi'nistrators and Assigns, in Trust for the Lord High Treasurer or the Commissioners of His Majesty's Treasury for the Time being, the Messuages, Lands and Hereditaments called The Bridge House Estates of the City of London, subject to the Charges in the said Act mentioned, to be had and holden from the Day of the Date of these Presents for the Term of One thousand Years; upon Condition nevertheless, that if the full • Sum of with Interest for the same after the

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• Rate of

per Centum per Annum shall be fully paid into the Receipt of His Majesty's Exchequer at Westminster, to the Account of the Consolidated Fund, in the Proportions, at the • Times and in the Manner hereinafter mentioned; (that is to say,) the Sum of

6

6

and

on every
Day of

Day of

next

ensuing the Date of these Presents, until the said Sum of
with the Interest as aforesaid, shall be

fully paid and satisfied; and the Sum of
(being so much of the said first Payment as shall exceed the In-
terest then due on the said Sum of

after the Rate aforesaid), and so much of every subsequent Half Yearly Payment as shall exceed the Interest due on so much of the said Principal Sum of

as shall for the

Time being remain unpaid, shall be taken in part Satisfaction of the said Principal Sum of

so that on the
the whole of the Principal Sum,

Day of and all Interest due for the same, shall be and be considered to have been fully discharged, then this present Grant and Demise shall cease, determine and be absolutely void. In witness whereof the said Mayor and Commonalty and Citizens have caused their Common Seal to be hereunto affixed, the

. Day of

in the Year of our Lord

And every such Mortgage shall be valid and effectual; and One Mortgage may be made for any Sum of Money (whatever may be the Amount) which may be lent at any one Time, or any Sum of Money Part thereof; any Thing in the said recited Act contained to the contrary notwithstanding.

IV. And be it further enacted, That the said Sum of Forty two Application of thousand Pounds so to be paid as aforesaid, and the other Sum the Monies. and Sums of Money which shall be advanced by virtue of this Act, shall be applied by the said Mayor, Aldermen and Commons in Common Council assembled, (after Payment thereout of the Costs, Charges and Expences incident to and to be incurred in or about the passing of this Act, or in anywise relating thereto,) in or towards the Purposes of the said Act of the Fourth Year of the Reign of His present Majesty, or any of them.

V. And be it further enacted, That in the Accounts directed by The Chamberthe said Act of the Fourth Year of the Reign of His present Ma- lain's Accounts jesty to be kept by the Chamberlain of the said City for the Time to include the being, and laid yearly before each House of Parliament, shall be Monies to be included an Account of all the Sum or Sums of Money which received under

7 GEO. IV.

I

shall

this Act.

25 G.S. (I.)

27 G.S. (I)

repealed, as herein mentioned.

shall be received by virtue of this Act from time to time as the same shall be paid, and of all the Monies to be paid and disbursed from time to time out of such Sum or Sums of Money.

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CAP. XLI.

An Act to amend the Laws for the Recovery of Small Debts,
and the Proceedings for that Purpose, in the Manor Courts
in Ireland.
[26th May 1826.]

WHEREAS an Act was passed in the Parliament of Ireland,

in the Twenty fifth Year of the Reign of His late Majesty King George the Third, intituled An Act for the more speedy and " easy Recovery of Small Debts in the Manor Courts within this Kingdom, and for regulating the Costs of Proceedings for that Purpose therein: And Whereas an Act was passed in the Parliament of Ireland, in the Twenty seventh Year of His said late Majesty's Reign, to render more effectual the said recited Act of the Twenty fifth Year aforesaid; and it is expedient that the • Provisions of the said Acts should be amended, and the Benefit thereof extended;' 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 so much of the said recited Acts, or either of them, as excepts the Manor Courts in the County of Dublin, or in the County of the City of Dublin, from the Operation of the said Acts or either of them, shall be and is hereby repealed; and that from and after the passing of this Act the said recited Acts, and all the Provi sions therein contained, as the same are amended or enlarged by this Act, shall extend and apply, and shall be construed to extend extended to all and shall be applied, to all Manor Courts within Ireland, and to the Recovery of all Sums of Money to the Amount mentioned in the said recited Act of the Twenty fifth Year of His late Majesty, and to any Amount whatever within the Sums to which the Jurisdiction of such Manor Courts may be respectively limited, by the Grants or Charters or other Authority under which the said respective Courts may be held, where the Cause of Action shall arise within the Jurisdiction of such Courts respectively, although such Sums shall exceed the several Sums in the Cases respectively mentioned in the said recited Act.

The said Acts

Manor Courts

in Ireland, as herein mentioned.

Appeal from
Decrees of

Manor Courts

in Dublin, made to Judges at Nisi Prius for Dublin.

II. And be it further enacted, That it shall and may be lawful for any Person or Persons who shall think himself or themselves aggrieved by any Decree of any Seneschal or Steward of any Manor Court within the County or County of the City of Dublin, to appeal from such Decree to the Chief Justice of His Majesty's Courts of King's Bench or Common Pleas, or to the Chief Baron of His Majesty's Court of Exchequer in Ireland, or to any other Justice of Nisi Prius in the said Courts, at their respective Sittings at Nisi Prius for the City of Dublin, after the Easter or Michaelmas Term next following the pronouncing of such Decree, in the same Manner as any Parties aggrieved are empowered and directed to do in any Cases of Civil Bills; and the said Chief Justices and Chief Baron, or other Justices of Nisi Prius for the said City, are

22

hereby

hereby empowered and required at the said Sittings, which for this Purpose they may hold in their respective Courts, or in any other convenient Place in the said City or Liberties thereof, and may continue by Adjournments as to them shall seem expedient, to hear and determine the said Appeals, in the same Manner as they are empowered and directed to do in any Cases of Civil Bills, and to issue a Decree and Execution thereon in like Manner as Decree and Decrees and Executions may be awarded and issued by the next Execution. going Judges of Assize, under the said recited Act of the Twenty fifth Year of King George the Second; and every such Seneschal or Steward is hereby required to stop further Proceedings on every such Decree, in like Manner and upon the like Conditions as by the said recited Act is directed and prescribed in any Cases of Appeal to the next going Judge of Assize.

Manner of issuing and serving Sumattend Manor

mons,

Courts.

&c, to

III. And be it further enacted, That in all Cases where any Complaint or Application shall be made to the Seneschal or Steward of any Manor Court, such Steward or Seneschal shall and he is hereby authorized, empowered, and required to issue, or cause to be issued, a Summons or Process, in the Name of such Seneschal or Steward, to the Person or Persons complained against, requiring such Person or Persons to appear at the next Court to be holden by such Seneschal or Steward within such Manor, on any Day not less than Seven Days next after the Date of such Summons, and expressing the Names of the Parties, Plaintiffs and Defendants, the Cause of Action, and the Day and Place of Appearance; and every such Summons shall be served upon the Person or Persons complained against on some Day not less than Three Days before the Day appointed for the Appearance of such Person or Persons, by the Delivery of such Summons to such Person or Persons, or by leaving such Summons at the usual Place of Abode of such Person or Persons; and in case such Summons shall not be served or left as aforesaid on some Day not less than Three Days before such Days of Appearance, the same shall be and become null and void to all Intents and Purposes whatsoever. IV. And be it further enacted, That the Goods or Chattels Goods seized of any Defendant which shall or may be seized or taken under under Attachany Attachment issuing out of any Manor Court in Ireland shall ment not to be not be sold or exposed to sale, but shall remain in Custody of sold before enthe Marshal or other Officer, until after the Court Day next suc- suing Court ceeding the Court Day at which any Defendant to whom such Goods or Chattels shall belong shall have been summoned to appear as aforesaid; and that the Goods and Chattels of any Defendant shall not be sold under any Attachment in any Case where the Defendant shall appear, according to the Exigency of such Summons, and shall put in sufficient Bail for his future Appearance, and for abiding the Decision of the Court on the Matter in question.

V. And be it further enacted, That whenever the Sum sued for, or for which a Verdict or Decree shall be made or given in any Manor Court, shall not exceed the Sum of Forty Shillings, it shall be lawful for the Seneschal or Steward of such Court to withhold any Costs or any Part thereof from the Plaintiff in such Action, and not to issue any Execution on the Verdict for the Costs allowed by the said recited Act of the Twenty fifth Year of King George

I 2

the

Day, nor if Bail be put in by Defendant.

Where Sum sued for or recovered does

not exceed 40s. Costs may be withholden;

and Seneschal may stay issuing of Decree

if the Defendant will undertake to pay

the Second, or to issue Execution only for such Part or Proportion of such Costs as to such Seneschal or Steward shall seem fitting and convenient, according to the Circumstances of the Case; and that in all such Cases when the Sum sued for, or for which a Verdict or Decree shall be made or given, shall not exceed the Amount aforesaid, it shall and may be lawful for any Seneschal or Steward of such Court, being a Barrister of at least Three Years' standing, to stay the issuing of the Decree for any Space Amount by In- of Time not more than Three Calendar Months, provided the Defendant shall undertake to pay the Amount of the Sums so decreed, with the Costs, by such weekly or monthly Instalments, or in such Proportions as the said Seneschal or Steward, upon a careful Enquiry and Examination into the Circumstances of the Defendant and his Ability to pay, shall direct; and the said Decree shall be stayed accordingly, until Default be made by the Defendant, in the Payment of some One Instalment, and shall then only` issue for the Balance due on the Foot of such Decree, with such Costs as the said Seneschal or Steward may think fitting.

stalments.

Seneschals to enter into Recognizances, and answer for Damages for Misconduct.

Penalty.

VI. And be it further enacted, That every Seneschal or Steward of any Manor in Ireland, not being a Barrister of at least Three Years' standing, who shall hold such Office of Seneschal or Steward at the Time of the passing of this Act, shall before the Expiration of Six Calendar Months next after the passing of this Act, and every Seneschal or Steward of any Manor in Ireland, who shall be appointed at any Time after the passing of this Act, not being such Barrister as aforesaid, shall within Three Calendar Months next after any such Appointment shall take place respectively enter into and give Security by Recognizance, with Two good and sufficient Sureties, before the Justices of the Peace and Assistant Barrister, at some Quarter Session or General Session of the Peace, or some Adjournment thereof, in the County, County of a City or Town in which the Manor shall be situate, or before the Judges or Justices of Oyer and Terminer and General Gaol Delivery, to be holden in and for such County, County of a City, or County of a Town, or before the Chairman of the Sessions of the Peace for the County of Dublin, where any such Manor shall be situate in the County of Dublin, or before the Recorder of the City of Dublin, where any such Manor shall be situate within the County of the City of Dublin, in such Sum and Sums respectively as to such Assistant Barrister, or Justices of Oyer and Terminer, or Chairman of the Sessions of the County of Dublin, or Recorder of Dublin, shall think sufficient, conditioned for the true and faithful Performance of the Duties of the Office of such Seneschal or Steward, and to pay and satisfy any Damages which may be given against him in any Action for Neglect or Misconduct, or Breach of Duty in his Office; and if any such Seneschal or Steward of any Manor, not being such Barrister as aforesaid, shall omit or neglect to enter into such Recognizance as aforesaid, within the Times aforesaid, he shall forfeit the Sum of Five hundred Pounds to His Majesty, His Heirs and Successors, to be recovered by Action of Debt in any of His Majesty's Courts of Record in Dublin, in which no Essoign, Protection or Wager of Law, nor more than One Imparlance shall be allowed.

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