Page images
PDF
EPUB

to be made by

Full disclosure touching his property and effects; and if such person such applicant shall make a full disclosure thereof, to the satisfaction of of his property the said court or baron, or it shall otherwise appear proand effects.

Public account

ants how acquit

ted for money

issued from the treasury, &c.

56 Geo. 3. c. 98. s. 27. U. K.

per to such court or baron that such person should be no longer imprisoned under such writ, for such court or baron to order a writ of supersedeas quoad corpus to be issued out of said court for the liberation of such person: provided that no such liberation shall be deemed to satisfy or supersede such extent in aid, or any proceedings there. on, except as to such imprisonment, or the debt or debts seized by virtue thereof, and for which such person shall be so imprisoned.

P. 331. last line. The 56 Geo. 3. c. 98. U. K. recites,

(s.27.) that doubts had arisen as to the mode of discharging persons being public accountants in Ireland, in respect of money issued to them out of the treasury of Ireland, or otherwise, whose accounts have been audited by the commissioners of public accounts, or the commissioners of military accounts; and therefore enacts, that in all cases where the commissioners of public accounts, or of mili-' tary accounts, shall have audited and certified, or shall audite and certify any account of any public accountant, and it shall satisfactorily appear to the said commissioners, upon such examination and proof as to them shall seem expedient, that such accountant is even and quit with the public on such account, the said commissioners, respectively, shall, under their signature, acquit and discharge and grant a quietus to such public accountant; and such acquittance, &c. shall be good to all intents, and shall be received by any court of law or equity in the united kingdom, in bar of any suit or process against such public accountant, for any matter touching the period of such account, with respect to which such acquittal, &c. shall have been granted. And by s. 28. the said commissioners Commissioners shall, respectively, as soon after the passing of this act as shall notify in gazette, &c. the may be, determine upon the nature and form of the docunature, &c. of ments and proofs required to be produced to them respec

s. 28.

documents re

quired for ob- tively for the purposes aforesaid; and shall, by advertisetaining quietus. ment under their hands, to be inserted in the Dublin Gazette, in 3 succeeding publications thereof, and in any

other

other manner which they shall think fit, notify and declare the nature and form of such documents, &c. to all public accountants under their respective departments; and it shall not be lawful for the said commissioners to change the nature, &c. of such documents, &c. until the expiration of 3 calendar months after the nature, &c. of such new documents, &c. shall have been notified by public advertisement in the public Gazette, and otherwise in manner aforesaid.

Of Proceedings in the Courts of Equity.

breaches of

for charitable purposes.

U. K.

P. 336. l. 18. In order to provide a summary remedy Summary jurisin cases of abuses of trusts created for charitable purposes, courts of equity, diction given to the 52 Geo. 3. c. 101. U. K. enacts, that in every case of in respect to a breach of any trust, or supposed breach of any trust, trusts created created for any charitable purposes, or whenever the direction or order of a court of equity shall be deemed ne- 52 Geo.3.c.101. cessary for the administration of any trust for charitable purposes, it shall be lawful for any 2 or more persons to present a petition to the lord chancellor, lord keeper, or commissioners for the custody of the great seal, or master of the rolls, or court of exchequer, stating such complaint, and praying such relief as the nature of the case may require; and the lord chancellor, &c. or master of rolls, or court of exchequer, shall hear such petition in a summary way, and upon affidavits, or such other evidence as shall be produced upon such hearing, determine the same, and make such order therein, and with respect to the costs of such application, as to him or them shall seem just; and such order shall be final and conclusive, unless any party who shall think himself aggrieved thereby, shall, within 2 tition final unyears from the time when such order shall have been less appeal to passed and entered by the proper officer, have preferred 2 years.

an

Order upon pe

house of lords in

S. 2.

Petitions to be

signed by par

ties, in presence

of petitioner's

attorney, and

an appeal from such decision to the house of lords, to whom it is hereby enacted and declared that an appeal shall lie from such order. Provided (s. 2.) that every such petition shall be signed by the persons preferring the same, in the presence of and attested by the solicitor or attorney concerned for such petitioners; and every such allowed, &c. by petition shall be submitted to and be allowed by his attorney or soli- majesty's attorney or solicitor general, and such allowance citor general. shall be certified by him before any such petition shall be presented. By s. 3. neither the petitions nor any proceedings relative thereto, nor the copies of any such petitions or proceedings, shall be subject to the payment of any stamp duty.

S. 3.

Petitions, &c. exempt from stump duty.

Commissioners of education in

P. 336. l. 30. The 53 Geo. 3. c. 107. I. recites, that Ireland, who to many of the abuses in schools of public and private founbe, and how ap- dations in Ireland, and the misapplication of their sevepointed.

53 Geo.3.c.107. ral funds and revenues, have proceeded from the delays,

I.

difficulties and expenses attending the proceeding in such cases by bill or information in the courts of equity; and that it is necessary, for the better regulation of the several endowed schools in Ireland, that commissioners should be appointed for the purpose of visiting, regulating and superintending the management and due application of the funds and revenues of the said schools; and therefore enacts, that the primate of all Ireland, lord chancellor, archbishop of Dublin, and archbishop of Tuam, for the time being, and the respective coadjutors of the said primate and archbishops, the chief justice of the king's bench in Ireland, the provost of Trinity college, Dublin, for the time being, and also 4 of the bishops of Ireland, to be appointed from time to time by the lord lieutenant, (one bishop for each province,) together with 4 other persons whom the lord lieutenant shall appoint to be commissioners under this act, (such 4 bishops, and 4 other persons so Commissioners appointed by the lord lieutenant, to be removable at his incorporated. pleasure) shall be a corporation, and have a common seal, and shall be called "The commissioners of education in Ireland." Provided (s. 2.) that none of the schools on the What schools foundation of the late Erasmus Smith, Esq. nor the protheir visitation. testant charter schools, nor any parochial school estab

s. 2.

exempt from

S. 3. Successors to present commis

pointed.

s. 4. Commissioners to appoint se

lished under the 28 Hen. 8. c. 15. Ir. nor any establishment for the purpose of education now under the control of visitors appointed by act of parliament or charter, shall be subject to the jurisdiction of the commissioners under this act. And by s. 3. whenever the said bishops, or other commissioners appointed by the lord lieutenant, or other person appointed in succession to them, shall, by sioners how apdeath, resignation, removal, or otherwise, cease to be a commissioner, it shall be lawful for the lord lieutenant, by warrant under hand and seal, to appoint one other bishop or person in his stead. By s. 4. it shall be lawful for the commissioners, and their successors, from time to time, to appoint a secretary, with a salary not exceeding £700. cretary, &c. and also such other subordinate officers as they shall think proper for carrying into execution the purposes of this act; and to certify to the lord lieutenant such sum as they shall think adequate to defray the expenses of said officers, and other incidental expenses of the board; whereupon it shall be lawful for the lord lieutenant to direct the lord high treasurer of Ireland, or commissioners for executing Expenses that office, to issue out of the consolidated fund of Ireland consolidated such sum to defray such expenses as to the lord lieutenant shall seem fit. And by s. 5. the commissioners for executing this act shall and may sue and be sued in the The commisname of their secretary; and it shall be lawful for the and be sued in the name of said commissioners and their successors to take, hold, &c. their secretary, any lands, &c. for the purposes of this act, the statutes of and may take lands, &c. mortmain or other statutes notwithstanding. By s. 6. it s. 6. shall be lawful for 3 of the said commissioners, assembled Quorum of in pursuance of a general notice for a meeting, (of whom some one of the commissioners herein-before appointed in right of their offices to be one,) to do any thing required to be done by the commissioners under this act. Provided (s. 7.) that no proceeding which requires to be ratified by the common seal of the corporasion shall be Proceedings refinally concluded, nor the said seal affixed to any deed or quiring the instrument in the name of the commissioners, unless the be sanctioned by primate, chanlord primate, lord chancellor, or chief justice, bè person- cellor or chief ally present at the meeting of the commissioners at which justice.

it is proposed that such proceeding shall be determined,

or

defrayed out of

fund.

s. 5.

sioners to sue

commissioners.

S. 7.

common seal to

5. 8.

Secretary to

to lord lieute

nant;

nished when

required.

S. 9.

to visit schools

or such deed or instrument shall be executed, or unless the consent of 2 of the commissioners last mentioned, previously given, shall be signified under their hand, and communicated to the commissioners assembled at such meeting so held pursuant to general notice. By s. 8. the keep a journal secretary shall keep a book or journal of the proceedings of proceedings, of the commissioners at their several meetings, and shall &.c. enter therein the names of the commissioners present at each meeting, and all the proceedings of every such meeting, and all reports made to the commissioners; and the commissioners shall, once in every year, within 14 days after the 25th March, make a general report of all their Report to be made annually proceedings under this act for the year preceding, ending on such 25th March, to the lord lieutenant, to be laid before parliament; and the secretary shall, when required And copies fur- by the lord lieutenant or his chief secretary, or by the commissioners, deliver to the lord lieutenant, or his chief secretary, a true copy of the whole or of such parts of the proceedings as shall be required. By s. 9. it shall be Commissioners lawful for said commissioners, and their successors, at all times, to visit any of the endowed schools herein-before described, (except as before excepted,) either in person or by deputies to be appointed by them; and the said commissioners may at any times hold visitations of said schools, and at such visitations administer oaths, and do all other acts appertaining to visitors, relating to such schools; and, for that purpose, repair to any such school, or to any other place which they shall deem necessary or convenient, and there summon, call for, and examine, on oath or otherwise, all persons, and call for all vouchers, books, deeds, evidences, terriers, maps, surveys, and other documents, and inquire into all matters which said visitors shall deem necessary. And by s. 10. it shall be lawful for the commissioners, by any writing under their hands and seals, to depute any person or persons to visit any of said. schools; and any person, &c. so deputed shall enjoy the rights and powers of the commissioners, and shall, at every such visitation, cause their proceedings to be entered in a book to be kept for that purpose by the master of each school, and shall lay an attested copy of the same before the commissioners,

in person or by deputy.

Their powers as visitors.

s. 10.

Deputies how

appointed, and

how to proceed.

« PreviousContinue »