c. 46..

expenses arise and happen, as well to parishes as private persons, by the No. XVIII. mismanagement and unskilfulness of persons employed as solicitors or 22George II. agents at the Sessions held for the several Counties, Ridings, Divisions, 'Cities, Towns Corporate, and other places of this kingdom, who having never been regularly bred to the law, and being ignorant of the forms and operations thereof, offenders against the laws of the land have frequently escaped with impunity:' For remedying therefore of these None to act as inconveniences, be it enacted by the authority aforesaid, That from and attornies who after the twenty-ninth day of September, which shall be in the year of were not adour Lord One- thousand seven hundred and forty-nine, no person what- mitted accordsoever shall act as a solicitor, attorney, or agent, or sure out any process, ing to 2 Geo. 2. at any General or Quarter Sessions of the Peace for any County, Riding, c. 23. Division, City, Town Corporate, or other place within this kingdom, either with respect to matters of a criminal or civil nature, unless such person shall have been heretofore admitted an attorney of one of his Majesty's Courts of Record at Westminster, and duly inrolled pursuant to an Act made in the second year of His present Majesty's reign, intituled, “An Act for the better Regulation of Attornies and Solicitors," or unless such person shall hereafter be admitted an attorney, and inrolled as aforesaid by virtue of this Act, or such other law as shall be then in being, and unless such person shall continue so entered upon the roll, at the time of such his acting in the capacity aforesaid; but all and every person or persons respectively, who shall so act, not being admitted and inrolled as aforesaid, shall be subject and liable to a penalty of Penalty 50%. fifty pounds; to be recovered by action of Debt, Bill, Plaint, or Inform- with treble ation, in any of the Courts of Record at Westminster, by any person or persons who shall sue for the same, within twelve months after the offence committed, with treble costs of suit; and if any attorney or attornies shall permit and suffer any person or persons whatsoever, not being admitted and inrolled as aforesaid, to make use of his or their name or names respectively, in the courts of General or Quarter Sessions aforesaid, such attorney or attornies respectively shall be subject and liable to a like penalty of fifty pounds, to be recovered in manner afore

said.

XIII. Provided always, That nothing herein contained shall extend, or be construed to extend, to deprive the attornies of the Duchy of Lancaster, or of the Courts of Great Sessions in Wales, or of the Counties Palatine of Chester, Laneaster, and Durham, from acting within their respective jurisdictions.

costs.

Attornies suf

fering persons not admitted to use their names, to for

feit 50%.

Persons exempted.

No clerk of the

sheriff, &c. to act as attornies &c. at QuarterSessions for the County, &c.

peace, under

XIV. And to the end that justice may be impartially administered in the several General or Quarter Sessions of this kingdom, be it further enacted by the authority aforesaid, That no clerk of the peace, or his deputy, nor any under-sheriff, or his deputy, shall, from and after the said twenty-ninth day of September, act as a solicitor, attorney, or agent, to sue out any process, at any General or Quarter Sessions of the Peace to be held for such County, Riding, Division, City, Town Corporate, or other place within this kingdom, where he shall execute the office of clerk of the peace, or deputy clerk of the peace, under-sheriff, or deputy, on any pretence whatsoever; but if any clerk of the peace, or his deputy, or any under-sheriff, or his deputy, shall presume to act as a solicitor, attorney, or agent as aforesaid, such clerk of the peace, or his deputy, under-sheriff, or his deputy respectively, shall be subject and liable to a like penalty of fifty pounds to be recovered in manner aforesaid. Penalty 50%. XV. And whereas several persons have been bound by articles in

‹ writing to attornies of one of His Majesty's Courts at Westminster, to serve them as their clerks for the term of five years, which attornies have died before the expiration of the said five years, and after their • deaths such persons so bound have served the remainder of the said term with some other attornies of the said courts, but have neglected to enter into articles with the said other attornies for the remainder of ⚫ the term of five years, and therefore doubts have arisen, whether such persons could be admitted attornies of any of His Majesty's courts by ⚫ reason that such service was not strictly in pursuance of the direction

No. XVIII. 22George II.

c. 46.

Clerks, whose

of the before-mentioned Act;' Be it therefore enacted and declared by the authority aforesaid, That all such persons who shall have been so bound as aforesaid for the term of five years to attornies of any of His Majesty's courts at Westminster, which said attornies shall have died before the determination of the said term, if such persons shall afterwards, and before the twenty-fifth day of March One thousand seven hundred and forty-nine, have served the residue of the said term of five years, with some other attornies of one of His Majesty's said courts, though without entering into any new articles, such persons having so served during the said term of five years, shall and may be admitted attornies in any of His Majesty's courts at Westminster; any thing in contracts, to be the said Act or in this present Act contained to the contrary in any wise notwithstanding.

masters have died, serving the residue of

their times with others

without fresh

admitted.

Persons admitted sworn

clerks in the office of the

years, &c.

XVI. And be it further enacted by the authority aforesaid, That any person who shall have been admitted a sworn clerk in the office of the Six Clerks of the Court of Chancery, or shall have been bound by contract in writing, to serve as a clerk for and during the space of five Six Clerks, or bound for five years, to a sworn clerk in the said office, and for and during the said term of five years shall have continued in such service, and shall have continued in such service for the space of three years, or more, and shall have been admitted a waiting clerk, or acted as such during the residue of the said term of five years, may be examined, sworn, and admitted and inrolled as a solicitor, in the same manner as solicitors in courts of equity are by the said Act required to be examined, sworn, admitted, and inrolled; any thing in the said Act to the contrary notwithstanding.

may be admitted solicitors.

Clerks whose masters have

died, &c. entering into fresh contracts, and

serving the re

sidue of their

time, same to

be effectual.

No sworn clerk to have more

XVII. Provided also, and it is hereby further enacted, That if any sworn clerk in the said Six Clerks' Office, with and to whom any person hath been, or shall be bound by contract in writing as aforesaid, to serve as a clerk for the term of five years, shall happen to die before the expiration of the said term of five years, or if such contract shall, by mutual consent of the parties, be vacated, or in case such clerk be legally discharged by any rule or order of the Court of Chancery, before the expiration of the said term of five years; then, and in any of the said cases, if such clerk shall by contract in writing be obliged to serve, and shall accordingly serve as a clerk to any other sworn clerk in the said Six Clerks' Office, or to any solicitor who shall be sworn, admitted, and inrolled, pursuant to the said Act of the second year of His present Majesty, during the residue of the said term of five years, then such service shall be deemed and taken to be as good and effectual as if such clerk had continued to serve as a clerk for the term of five years to the same person to whom he was originally bound by contract in writing as aforesaid.

XVIII. Provided always, and it is hereby further enacted by the authority aforesaid, That no sworn clerk in the said Six Clerks' Office shall than two clerks. have more than two clerks at one and the same time, including the clerk who shall be entered on the roll kept by the Master of the Rolls, or his secretary, for that purpose.

Persons exempted.

XIX. Provided also, and it is hereby further declared and enacted by the authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend to the taking or binding, examination, swearing, admission or inrolment of the attornies, or clerks of the offices of the King's Remembrancer, Treasurer's Remembrancer, Pipe, or Office of Pleas, in the Court of Exchequer, at Westminster, for the time being, but that the said attornies and clerks of the said respective offices shall and may be taken, bound, approved, sworn, admitted, and practise in the said Court of Exchequer, in like manner as they usually have been, and might have done before the making or this Act, and may practise in any other of the courts of record before mentioned, in the name and with the consent of some sworn attorney of such court, such consent being in writing, and signed by such attorney as aforesaid, in the manner as they have usually been and might have done before the making of this Act.

c. 26.

P.

[ No. XIX. ] 23 George II. c. 26.-An Act to conti- No. XIX. nue several Laws for the better regulating of Pilots, 23George II. for the conducting of ships and vessels from Dover, Deal, and Isle of Thanet, up the Rivers of Thames and Medway; and for permitting Rum or Spirits of the British Sugar Plantations to be landed before the duties of excise are paid thereon; and to continue and amend an Act for preventing frauds in the admeasurement of Coals within the city and liberty of Westminster, and several parishes near thereunto; and to continue several Laws for preventing exactions of occupiers of locks and wears upon the River Thames westward; and for ascertaining the rates of water carriage upon the said river; and for the better regulation and government of Seamen in the merchants' service; and also to amend so much of an Act made in the first year of the reign of King George the First as relates to the better preservation of Salmon in the River Ribble; and to regulate Fees in trials at Assizes, and Nisi Prius, upon records issuing out of the Office of Pleas of the Court of Exchequer; and for the apprehending of persons in any county or place, upon warrants granted by Justices of the Peace in any other county or place; and to repeal so much of an Act made in the twelfth year of the reign of King Charles the Second, as relates to the time during which the Office of Excise is to be kept open each day, and to appoint for how long time the same shall be kept open upon each day for the future; and to prevent the stealing or destroying of Turnips; and to amend an Act made in the second year of His present Majesty, for better regulation of Attornies and Solicitors.

XV. AN

ND whereas by an Act of Parliament made and passed in the 2 George II. c. second year of the reign of His present Majesty, intituled 23. § 20. made "An Act for the better regulation of Attornies and Solicitors," it was perpetual by ⚫ enacted, That from and after the first day of December One thousand 30 George 2. seven hundred and thirty, any person who should be sworn, admitted, c. 19. § 75.

' and inrolled to be an attorney in any of His Majesty's Courts of King's Bench, Common Pleas, Exchequer, counties palatine of Chester, Lan'caster, and Durham, and Great Sessions in Wales, as is therein di⚫rected, might be sworn, admitted, and inrolled to be a solicitor in all or any of the courts of equity in the said Act specified, without any fee for the oath, or any stamp to be impressed on the parchment, whereon such admission should be written, if the Master of the Rolls, two Masters of the Chancery, the Barons of the Court of Exchequer, the Chancellor of the Duchy of Lancaster, and the Judges of the ⚫ other courts of equity, in the said Act mentioned for the time being, or any of them respectively, should, upon examining such attorney, touching his fitness and capacity to act as a solicitor in courts of equity, 'be satisfied that such attorney is duly qualified to be so admitted; but there being no provision made in the said in part recited Act, for admitting persons (who had been, or shall be sworn, admitted, and inrolled solicitors in any of the courts of equity in the said Act men⚫tioned) attornies of any of His Majesty's courts of law therein also ⚫ mentioned, although such solicitor should be duly qualified in all

No. XIX.

c. 26.

Solicitors in the courts of equity may be admitted attornies without fees.

' other respects;' Wherefore, and to supply such omission, Be it en23George II. acted by the authority aforesaid, that from and after the second day of May One thousand seven hundred and fifty, any person who hath been already, or who at any time or times hereafter shall be sworn, admitted, and inrolled a solicitor in any of His Majesty's courts of equity at Westminster, in such mnnner as by the said Act is directed, may be sworn, admitted, and inrolled to be an attorney of His Majesty's Court of King's Bench or Common Pleas at Westminster, without any fee for the oath, or any stamp to be impressed on the parchment whereon such admission shall be written (his having been sworn, admitted, and inrolled a solicitor in any of the courts of equity aforementioned notwithstanding) if the judges of the said Courts of King's Bench or Common Pleas for the time being, or any of them respectively, shall, upon examining such solicitor touching his fitness and capacity to act as an attorney in the said respective courts, be satisfied that such solicitor is duly qualified to be sworn, admitted, and inrolled an attorney, pursuant to the said in part recited Act, and other the laws now in force concerning attornies and solicitors.

[No. XX. ] 49 George III. c. 28.-An Act to enable the Clerks of the King's Coroner and. Attorney in the Court of King's Bench to be admitted as Attornies. [30th March 1809.]

[ No. XXI.] 58 George III. c. 5.-An Act to indemnify such persons in the United Kingdom as have omitted to qualify themselves for offices and employments, and for extending the time limited for those purposes respectively, until the 25th day of March 1819; and to permit such persons in Great Britain as have omitted to make and file affidavits of the execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the first day of Hilary Term, 1819, and to allow persons to make and file such affidavits, although the persons whom they served shall have neglected to take out their annual certificates. [17th March, 1818.]

[ No. XXII.] 59 George III. c. 11.-An Act to indemnify such persons in the United Kingdom as have omitted to qualify themselves for offices and employments, and for extending the time limited for certain of those purposes respectively until the twenty-fifth day of March 1820; and to permit such persons in Great Britain as have omitted to make and file affidavits of the execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the first day of Hilary Term 1820, and to allow persons to make and file such affidavits although the persons whom they served shall have neglected to take out their annual certificates. [23d March 1819.]

[ No. XXIII.] 59 George III. c. 93.-An Act to continue for one year, and from thence until the end of the then next session of Parliament an Act made in the fifty-sixth year of His present Majesty's reign, to make provision for securing the profits of the office of Clerk of the Pleas of His Majesty's Court of Exchequer in Ireland. [12th July 1819.]

[ No. XXIV. ] 60 George III. and 1 George IV. c. 10. -An Act to indemnify such persons in the United Kingdom as have omitted to qualify themselves for offices and employments, and for extending the time limited for certain of those purposes respectively, until the twenty-fifth day of March 1821, and to permit such persons in Great Britain as have omitted to make and file affidavits of the execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the first day of Hilary Term 1821, and to allow persons to make and file such affidavits, although the persons whom they served shall have neglected to take out their annual certificates. [28th February, 1820]

[No. XXV. ] 1 George IV. c. 35.-An Act for the better securing monies and effects paid into the Court of Exchequer at Westminster, on account of the suitors of the said Court, and for the appointment of an Accountant-General and two Masters of the said Court; and for other purposes. [8th July 1820.]

No. XXIII.

59 Geo. III.

c. 93.

1 G. 4. c. 35.

W VHEREAS His Majesty's Court of Exchequer at Westminster did, on the seventeenth day of July One thousand seven hundred and Order of the forty-seven, make an order touching the money belonging to the Court of Exsuitors of that court, whereby after reciting that His Majesty's Remem- chequer at brancer of the said court and his deputy had informed the said court, Westminster, that there were standing in the name of the said deputy, in the books of 17th July 1747, the governor and company of the Bank of England, and in the books as to securing of the South Sea Company, divers sums in certain stocks and annuities of the suitors' of the said companies respectively, which had been purchased with the money. money of the suitors of the said court, or were belonging to them, and that no declaration of trust had been or could be made in relation thereto, in the books of the said several companies, without an order of the said court for that purpose; it was ordered, that the said Deputy Remembrancer should cause the said sum to be transferred in the books of the said companies into his name, as Deputy Remem-> brancer of the said court, in trust to attend the orders of the said court in the several causes to which the same respectively belonged; and that for the future all other sums of stock or annuities, or any other transferable securities for the benefit of or belonging to the suitors of the said court, should be in like manner transferred in trust to attend the orders of the said court, to be made in the several causes to which the same should respectively belong; and that the said Deputy Remembrancer should from time to time receive the dividends or interest to arise on all the said securities, in order to apply the same for the benefit of the suitors, pursuant to the orders of the said court; and by the said