By this ACT, After reciting the passing of 3 & 4 Vict. c. 108. s. 20, and 3 & 4 Vict. c. 109; and that under the said recited Acts certain parts or portions of the old liberties of certain counties of cities and counties of towns, and certain parts of parishes and other denominations thereof, are included within the boundaries of the counties of such cities or towns as defined under the provisions of the said recited Acts, and other parts or portions of the liberties of the same cities or towns, and of such parishes and other denominations thereof, not being within such boundaries, have for the purposes of grand jury presentments, among others, become part of the adjoining counties: And that provision was made by the said last-mentioned Act for ascertaining the proportion of any debt incurred previous to the passing of the said Acts, to which any precinct or place not being under the provisions of the said Acts part of any such borough would have been liable to contribute if the said Acts had not been passed; and further provision for ascertaining and adjusting the liabilities of such precincts and places, in respect of sums included in presentments made at the Spring or Summer Assizes of the year 1842, was made by 5 & 6 Vict. c. 77: And that the said provisions have not been acted upon in some places by reason of difficulties in the presentment and applotment of grand jury cess: And that it has happened that the grand juries of certain counties of cities and counties of towns have, in error, presented to be raised off the same the whole of the monies appointed to be paid to contractors in respect of the public ways within the former liberties of such cities or towns instead of the portion of such monies payable in respect of the portion of such ways within the respective boundaries of such counties of cities or towns, as defined under the provisions of the said recited Acts: And that it is necessary to make further provision in respect of the liabilities of such precincts or places not now included in such counties of cities or counties of towns ; It is Enacted, 1. That if any presentments made at the Spring or Summer Assizes of the present year in and for any county of a city or county of a town in Ireland shall include any sum or sums of money presented for the purpose of satisfying any lawful debt incurred or accrued due and payable out of or by any such county of a city or county of a town before the said first-recited Acts came into operation therein, or any sum or sums of money payable to any contractor in respect of any portion of any public way, or any other monies whatsoever, in the whole or part, justly chargeable on any such precinct or place, it shall and may be lawful for the Chief or Under Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland, on the application of ten or more persons liable to the payment of grand jury cess in any such county of a city or county of a town, to appoint by writing under his hand a barrister, not having any interest in the question, by his award, to be made in duplicate under his hand and seal, to assess the proportion, if any, of the sum or sums so included in any such presentment to which any place or precinct not now under the provisions of the said recited Acts part of such county of a city or county of a town, for the purposes of grand jury presentments, may be justly liable; or if such sum or sums, or any of them, shall have been presented to be levied by instalments, pursuant to the provisions in that behalf made by the said last-recited Act, or by the hereinafter mentioned Act of the present session of Parliament, then and in such case to assess the proportion of such instalments which ought to be paid and contributed by such precinct or place, and the proportion of the interest, if any, payable in respect of such debt, or of any advances made on account of such instalments, which ought to be paid and contributed by such precinct or place; and such arbitrator shall also assess the costs of such arbitration, and direct in what proportion the same shall be paid by such county or any such precinct or place, and the same shall be presented accordingly by the respective grand juries; and the proportion (if any) of the said sum or sums so presented, or if the sum shall have been presented to be levied by instalments as aforesaid, then and in such case the proportion (if any) of such instalments, and of the interest aforesaid, assessed by such award on each such precinct or place, shall from time to time, until such proportion shall have been fully paid and satisfied, be applotted, raised, and levied on and off such precinct or place as if the same had been duly presented by warrant of the treasurer of the county whereunto such precinct or place may be now annexed, and be by him paid over, when and as the same shall be raised and levied, to the bank where the treasurer of the county of the city or county of the town of such borough shall keep his account, to be placed to his credit therein; and the sum or sums, yearly instalments, or interest leviable off such county of a city or county of a town as at present defined shall be pro tanto reduced; and such award to be made as aforesaid shall be conclusive, and shall be sufficient authority to the respective treasurers for the levy of the sums therein specified. half And after reciting that the grand juries of counties of cities and counties of towns were empowered by the said recited Act of the last session of Parliament to provide for the levy, by instalments, with interest thereon, of arrears accrued due to contractors and others by reason of the difficulties heretofore existing in the collection and applotment of grand jury cess, and further provision was made for the like purpose by an Act, 6 & 7 Vict. c. 32, intituled, 'An Act to amend the Laws in force relating to Grand Jury Presentments in Counties of Cities and Towns in Ireland' And that under the said two last-recited Acts any person who may have paid any sum of money under any warrant theretofore issued for raising and levying any sum or sums of money, the levy whereof or any portion whereof, by instalments, shall be or have been provided for by presentment under the said provisions of the said two last-recited Acts or either of them, is entitled to have credit for the money so paid under such former warrant, and by reason thereof it is necessary, in order to raise the whole amount due, that the amount so presented shall include all sums at any time levied and paid under such former warrant as well as the sums remaining uncollected thereunder : It is Enacted, II. That in any case in which the grand jury of any county of a city or county of a town shall at the summer assizes of this present year have made any presentment under the said recited enactments, or either of them, for the levy, by instalments, of arrears accrued due as aforesaid in such county of a city or county of a town, the treasurer of such county of a city or county of a town shall certify to the clerk of the crown of such county of a city or county of a town the amount of any sums previously collected or levied under any such former warrant as aforesaid; and such clerk of the crown is hereby authorized, under the direction of the senior Judge of Assize who shall have presided at the said Summer Assizes, to amend such presentment, by adding to the sum mentioned in such presentment the amount of all sums so certified by the treasurer to have been previously collected or levied under any former warrant as aforesaid, and inserting in such presentment the total amount of such sums instead of the sum mentioned therein; and such amended presentment shall be good, valid, and effectual as if such sum so inserted by the clerk of the crown had been duly presented by the grand jury, and the presentment thereof duly fated by the Court at such assizes; and any person who may have paid any sum of money under any warrant heretofore issued for raising and levying any sum or sums of money, the levy whereof or any portion whereof by instalments, shall be or have been provided for by presentment under the provisions of this Act, shall be entitled to have credit for the money so paid under such former warrant. III. That any presentment to be hereafter made under the authority of the said recited Acts for the levy, by instalments, of any arrears of grand jury cess shall include all sums collected or levied under any former warrant for raising or levying any sum or sums of money, the levy whereof, by instalment as aforesaid, shall be provided for by such presentment. IV. That the said recited Acts of the last and present session of Parliament and this Act shall be construed as one Act' except so far as the provisions of any one of such Acts may repeal or alter the provisions of any previous Act. CAP. LXXII. AN ACT to impose certain Stamp Duties, and to amend the Laws relating thereto. (22nd August 1843.) ABSTRACT OF THE ENACTMENTS. 1. The duties on donations and presentations by Her Majesty to extend to all donations and presentations by whomsoever made. 2 The certificate of the value of the benefice to be written upon the donation, &c. 3. Stamp duty payable on certificates of registration of a design under 6 & 7 Vict. c. 65. 4. Extending the powers of Stamp Acts to duties in this Act. 5. The duties on marriage bonds in Ireland repealed, and the duty for a lease for a year not to be charged on leases for lives of property of small value. 6. Act may be amended this session. By this ACT, After reciting that by 5 & 6 Vict. c. 79, certain stamp duties were granted upon donations or presentations by Her Majesty or her heirs or successors, of or to any ecclesiastical benefice, dignity, or promotion in England, and upon collations by any archbishop or bishop to any such ecclesiastical benefice, dignity, or promotion: And that it is expedient that the said duties should be paid upon all donations, presentations, and collations of or to ecclesiastical benefices, dignities, or promotions in England, by whomsoever made or granted: It is Enacted, 1. That from and after the passing of this Act the several and respective duties by the said recited Act granted and imposed upon any donation or presentation by Her Majesty, or her heirs or successors, of or to any ecclesiastical benefice, dignity, or promotion in England shall be and the same are hereby respectively charged and made payable upon or for and in respect of every donation or presentation, by whomsoever made or granted, of or to any such ecclesiastical benefice, dignity, or promotion; and that the several duties by the said Act granted and imposed upon any collation by any archbishop or bishop to any ecclesiastical benefice, dignity, or promotion in England shall be and the same are hereby charged and made payable upon or for and in respect of every collation to any such ecclesiastical benefice, dignity, or promotion, whether the same shall be made by any archbishop or bishop, or by any other ordinary or competent authority. II. That the certificate of the Ecclesiastical Commissioners for England for ascertaining the value of any benefice, dignity, or promotion, as required by the said Act, shall in every case be written upon the instrument of donation, presentation, or collation respectively charged with duty by the said Act or this Act; and where institution shall proceed upon the petition of patron to be himself admitted and instituted, such certificate shall be written upon the instrument of institution charged with duty by the said Act, and no such instrument as aforesaid shall be used or be available unless nor until such certificate shall be so written thereon; and such instrument shall be stamped to denote the proper duty chargeable in respect thereof. the And after reciting that it is expedient to impose a stamp duty on every certificate which may be issued of the registration of a design under the authority of an Act, 6 & 7 Vict. c. 65, intituled, 'An Act to amend the Laws relating to the Copyright of Designs;' It is Enacted, III. That there shall be charged and payable upon or for and in respect of every certificate to be issued of the registration of a design under the authority of the said last-mentioned Act a stamp duty of 51., to be denoted by a stamp to be specially appropriated for expressing and denoting the said duty, and to be impressed upon every such certificate. IV. That the said several and respective duties hereby charged and made payable shall be under the care and management of the Commissioners of Stamps and Taxes; and all the powers, provisions, regulations, fines, pains, and penalties now in force relating to any stamp duties under the care or management of the said Commissioners shall be of full force and effect with respect to the several duties hereby imposed, as far as the same are or shall be applicable, and shall be observed, applied, enforced, and put in execution for the raising, levying, collecting, paying, accounting for, and securing of the said duties hereby imposed, and for the preventing, detecting, and punishing of all frauds, forgeries, and other offences relating 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 hereby imposed. And after reciting that under and by virtue of another Act, 5 & 6 Vict. c. 82, intituled, 'An Act to assimilate the Stamp Duties in Great Britain and Ireland, and to make Regulations for collecting and managing the same, until the Tenth Day of October One thousand eight hundred and forty-five,' bonds entered into by persons on obtaining marriage licences in Ireland are chargeable with a stamp duty of 20s., and certain releases of freehold property in Ireland are chargeable with the stamp duty payable for and in respect of a bargain and sale or lease for a year where no such bargain and sale or lease for a year is actually prepared and executed; and it is expedient to exempt from such duty respectively all such bonds, and also leases for lives of property of small value; It is Enacted, v. That from and after the passing of this Act the duty of 20s. chargeable, under or by virtue of the said last-mentioned Act, upon or for or in respect of any bond entered into by any person on obtaining a marriage licence in Ireland shall cease and be no longer payable; and that no lease, release, deed, or other instrument for setting or demising lands, tenements, or hereditaments in Ireland for any term not exceeding three lives, where the annual amount of the rent reserved (any penal rent or any increased or reserved rent in the nature of a penal rent not being included in such amount) shall not exceed 501, and the fine or consideration of the same shall not exceed 2007., nor any counterpart or duplicate thereof, shall be charged cr chargeable with any stamp duty for or in respect of a bargain and sale or lease for a year therein mentioned or referred to in relation to such lands, tenements, or hereditaments so set or demised therein or thereby; and the recital of a bargain and sale or lease for a year of such lands, tenements, or hereditaments in or upon any such lease, release, deed, or other instrument shall be as effectual in law as the same would have been if the said last-mentioned Act had not been passed, anything in the said Act contained to the contrary thereof in anywise notwithstanding. VI. That this Act may be amended or repealed by any Act to be passed in the present session of Parliament. CAP. LXXIII. AN ACT for consolidating and amending several of the Laws relating to Attornies and Solicitors practising in England and Wales. ABSTRACT OF THE ENACTMENTS. (22nd August 1843.) 1. Repeal of former Acts. 2. No person to act as an attorney or solicitor unless admitted and enrolled. 3. No person to be admitted an attorney or solicitor unless he shall have served a clerkship of five years.—Proviso as to Courts of Lancaster and Durham. 4. No attorney to have more than two clerks at one time, or to take or retain any clerk after discontinuing business, nor whilst clerk to another. 5. In case attorney become bankrupt or insolvent, or be imprisoned. 6. Persons bound for five years may serve one year with a barrister or special pleader, and one year with a London agent. 7. Any person who has taken a degree at Oxford, Cambridge, Dublin, Durham, or London, may act as an attorney or solicitor, upon having served a clerkship of three years.-One year with agent. 8. Affidavit to be made and filed within six months of execution of articles, and the articles to be enrolled; 9. If not filed within six months the service to reckon from the day of filing, unless, &c. 10. Affidavit to be produced on applying for admission. 11. Book to be kept for entering the substance of affidavits, with the names, &c. of attorney and clerk, &c. which may be searched. 12. How clerks to be employed. 13. Clerks whose masters have died or left off practice may enter into fresh contracts for the residue of their term. 14. Clerks before admission to make affidavit of having served. 15. Persons on applying for admission as attornies to be examined as to fitness and capacity. Oaths to be administered. 16. Judges may appoint examiners. 17. The Master of the Rolls, before admitting any person as a solicitor, to inquire as to his fitness and capacity. 18. The Master of the Rolls, jointly with the Judges, may appoint examiners touching the admission of persons to act both as attor nies and solicitors. 19. Attornies and solicitors, before admission, to take oath. 20. The proper officers for filing affidavits of the execution of articles of clerkship, and for having the care of the rolls.—Names of attornies to be inrolled in alphabetical order.-Names of the solicitors to be inrolled in alphabetical order. 21. Appointment of the Incorporated Law Society as registrar of attornies and solicitors. 22 Commissioners of Stamps not to grant any certificate until registrar has certified that the person applying is entitled thereto.Commissioners to deliver all such certificates yearly to the registrar indorsed with the date of granting certificate. 23. On application for certificate a declaration to be signed and entered in a book. 24. On registrar's refusal, application to be made to court. 25. In case of neglect to obtain a stamped certificate, application to be made to the Court or Judge. 26. Persons practising without certificate incapable of recovering fees. 27. Persons duly admitted in one court capable of practising in all other courts, on signing the other rolls.-Persons duly admitted in Chancery capable of practising in Bankruptcy and in all inferior courts of equity. 28. Defects in the service, &c. of attornies not to disqualify persons who have served them. 29. Applications for striking attornies off the roll, for defect in articles, &c., to be made within twelve months of admission. 30. Fee for registering articles and examination and admission, and for entry and certificates.-Increase or diminution of fees.Appropriation of fees. 31. Attornies not to commence or defend suits if prisoners. 32. Attornies not to act as agents for persons not qualified, &c. 33. No attorney or solicitor to be a Justice of the Peace. 4. Proviso for places having Justices by charter. 35. Prohibiting persons not enrolled from suing out writs, &c. 26. Prohibiting persons unqualified from acting in the county courts. 37. Attornies and solicitors not to commence an action for fees till one month after delivery of their bills.-Reference of bills, whether relating to business transacted in court or not, for taxation.-Taxation after one month.-Taxation after twelve months, under special circumstances.-Payment of costs of taxation.-Payment of sum found due.-Courts may order attorney or solicitor to deliver his bill, and to deliver up deeds, &c.-Evidence of delivery of bill.-Power to Judge to authorize action before expiration of month. 38. Bills may be taxed upon the application of third parties. 39. Lord Chancellor may direct taxation of bills chargeable on executors, &c. 40. Copy of bill to be delivered to person making application for reference for taxation.-No re-taxation. 41. Taxation of bill after payment. 42. Power for taxing officer to request officers of other courts to tax portions of the bill. 43. Applications for taxing bill of costs how to be made.-Certificate of taxation to be final.-Judgment may be entered. 44. Persons whose period of service has expired before commencement of this Act, but not admitted, may, if qualified, be admitted under it. 45. Attornies, &c. of Duchy Chamber of Lancaster at Westminster, &c. to be inrolled as attornies of Chancery, &c. without examination, on payment of duty.-Until attornies of Lancaster and Durham are admitted in superior courts, attornies may act as their agents. 46. To what clerks the Act not to extend. 47. To what solicitors the Act is not to extend. 48. Meaning of certain words in this Act. 49. Act may be altered this session. By this ACT, After reciting that the laws relating to attornies and solicitors are numerous and complicated, and it is expedient to consohidate and simplify and to alter and amend the same: It is Enacted, 1. That from and after the passing of this Act the several Acts and parts of Acts set forth in the first part of the first schedule hereunto annexed, so far as the same relate to that part of the United Kingdom of Great Britain and Ireland called England and Wales, shall be and the same are hereby repealed, save only and except so far as such Acts or parts of Acts, or any of them, repeal the whole or any part of the same or of any other Act or Acts, and also save and except so far as relates to any matters or things done at any time before the passing of this Act, all which matters and things shall be and remain good, valid, and effectual, to all intents and purposes whatsoever, as if this Act had not passed, and also save and except as to the recovery and application of any penalty for any offence which shall have been committed before the passing of this Act: Provided always, that nothing in this Act shall be construed to repeal or alter any of the Acts or parts of Acts mentioned to be saved in the second part of the first schedule hereunto annexed. II. That from and after the passing of this Act no person shall act as an attorney or solicitor, or as such attorney or solicitor sue out any writ or process, or commence, carry on, solicit, or defend any action, suit, or other proceeding, in the name of any other person or in his own name, in Her Majesty's High Court of Chancery, or Courts of Queen's Bench, Common Pleas, or Exchequer, or Court of the Duchy of Lancaster, or Court of the Duchy Chamber of Lancaster at Westminster, or in any of the courts of the counties palatine of Lancaster and Durham, or in the Court of Bankruptcy, or in the Court for the Relief of Insolvent Debtors, or in any county court, or in any court of civil or criminal jurisdiction, or in any other court of law or equity in that part of the United Kingdom of Great Britain and Ireland called England and Wales, or act as an attorney or solicitor in any cause, matter, or suit, civil or criminal, to be heard, tried, or determined before any Justice of assize, of oyer and terminer, or gaol delivery, or at any General or Quarter Sessions of the peace for any county, riding, division, liberty, city, borough, or place, or before any Justice or Justices, or before any Commissioners of Her Majesty's Revenue, unless such person shall have been previously to the passing of this Act admitted and inrolled and otherwise duly qualified to act as an attorney or solicitor under or by virtue of the laws now in force, or unless such person shall after the passing of this Act be admitted and inrolled and otherwise duly qualified to act as an attorney or solicitor, pursuant to the directions and regulations of this Act, and unless such person shall continue to be so duly qualified and on the roll at the time of his acting in the capacity of an attorney or solicitor as aforesaid. III. That, except as hereinafter mentioned, no person shall, from and after the passing of this Act, be capable of being admitted and inrolled as an attorney or solicitor, unless such person shall have been bound by contract in writing to serve as clerk for and during the term of five years to a practising attorney or solicitor in England or Wales, and shall have daly served under such contract for and during the said term of five years, and also unless such person shall, after the expiration of the said term of five years, have been examined and sworn in the manner hereinafter directed: Provided always, that any person who now is or shall hereafter be bound by contract in writing to serve as clerk to a practising attorney or solicitor of the Court of Common Pleas of the county palatine of Lancaster or the Court of Pleas of the county palatine of Durham respectively for the term of five years, and shall continue in such service for and during the said term, and shall during the whole of such term have been actually employed by such attorney or solicitor, or by the London agent of any such attorney or solicitor, or by any practising barrister or special pleader, with the consent of such attorney or solicitor, for any part of the said term not exceeding one year, shall be admitted and inrolled an attorney of the said last-mentioned Courts respectively as heretofore, on his satisfying the Judges for the time being of the said courts respectively of his being qualified to act as an attorney or solicitor. IV. That no attorney or solicitor shall have more than two clerks at one and the same time who shall be bound by such contract in writing as aforesaid to serve him as clerks; and that no attorney or solicitor shall take, have, or retain any clerk who shall be bound by contract in writing as aforesaid after such attorney or solicitor shall have discontinued or left of practising as or carrying on the business of an attorney or solicitor, nor whilst such attorney or solicitor shall be retained or employed as a writer or clerk by any other attorney or solicitor; and service by any clerk under articles to an attorney or solicitor, for and during any part of the time that such attorney or solicitor shall be so employed as writer or clerk by any other attorney or solicitor, shall not be deemed or accounted as good service under such articles. v. That in case any attorney or solicitor to whom any clerk shall be bound by contract in writing as aforesaid shall, before the end or determination of such contract, become bankrupt, or take the benefit of any Act for the relief of insolvent debtors, cr be imprisoned for debt and remain in prison for the space of twenty-one days, it shall be lawful for any of the said Courts of law or equity wherein such attorney or solicitor is admitted as aforesaid, upon the application of such clerk, to order and direct the said contract to be discharged, or assigned to such person upon such terms and in such manner as the said Court shall think fit. VI. Provided and enacted, That any person who now is or hereafter shall be bound by contract in writing to serve as a clerk to a practising attorney or solicitor for the term of five years, and who shall actually and bonâ fide be and continue as puți with and as such be employed by any practising barrister, or any person bona fide practising as a certificated special pleader, in England or Wales, for any part of the said term, not exceeding one whole year, and in addition thereto or instead thereof with the London agent of the attorney or solicitor to whom any such person shall be so bound by contract as aforesaid for any part of the said term not exceeding one year, either by virtue of any stipulation in such contract, or with the permission of such attorney or solicitor, shall be capable of being examined, and sworn and admitted and inrolled as an attorney or solicitor, in the same manner as if he had served the whole of the said period of five years with the attorney or solicitor to whom he may be so bound. VII. Provided and enacted, That any person who shall have taken or who shall take the degree of Bachelor of Arts within six years after his matriculation, or the degree of Bachelor of Laws within eight years after his matriculation, either in the University of Oxford or in the University of Cambridge, or in the University of Dublin, or in the University of Durham, or in the University of London, and who shall within four years after the day whereon he shall have taken or shall take such degree be bound by contract in writing to serve as a clerk for and during the term of three years to a practising attorney of solicitor in England or Wales, and shall have continued in such service for and during the said term of three years, and shal! during the whole of such term have been actually employed by such attorney or solicitor, or by the London agent of such attorney or solicitor, with his consent, for any part of the said term, not exceeding one year, in the proper business, practice, or employment of any attorney or solicitor, and who shall after the expiration of the said term of three years have been examined and sworn in the manner hereinafter directed, shall be capable of being admitted and inrolled as an attorney of solicitor, although he shall have served a clerkship under such contract as aforesaid for and during the term of three years only. VIII. That whenever any person shall after the passing of this Act be bound by contract in writing to serve as a clerk to any attorney or solicitor as aforesaid, the attorney or solicitor to whom such person shall be so bound as aforesaid shall, within six months after the date of every such contract, make and duly swear, or cause or procure to be made and duly sworn, an affidavit or affidavits of such attorney or solicitor having been duly admitted, and also of the actual execution of every such contract by him the said attorney or solicitor and by the person so to be bound to serve him as a clerk as aforesaid; and i every such affidavit shall be specified the names of every such attorney or solicitor and of every such person so bound, and their places of abode respectively, together with the day on which such contract was actually executed; and every such affidavit shall be filed within six months next after the execution of the said contract with and by the officer appointed or to be appointed for that purpose as hereinafter mentioned, who shall thereupon inrol and register the said contract, and shall make and sign a memorandum of the day of filing such affidavit upon such affidavit and also upon the said contract. IX. Provided and enacted, That in case such affidavit be not filed within such six months the same may be filed by the said officer after the expiration thereof, but the service of such clerk shall be reckoned to commence and be computed from the day of filing such affidavit, unless one of the said courts of law or equity shall otherwise order. x. That no person who shall from and after the passing of this Act become bound as aforesaid shall be admitted an attorney or solicitor before such affidavit so marked as aforesaid shall have been produced to the Court or Judge to whom such person |