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• life-time; and also as well in case where the account is made, or the No. XVII. • debt known, within eight years after the death of such accountant or 25 Geo. III. . debtor, as where the same account is made, or the debt known, in

c. 35. • the life-time of the same accountant or debtor ; but it was provided,

That after the death of such accountant or debtor, and before any the

lands, tenements, and hereditaments, descended unto the heir of such * accountant or debtor as heir, should be sold, a scire facias should be * awarded out of her Majesty's Court of Exchequer unto the sheriff of • the county where any such lands lie, to garnish the same heir, to shew

cause why the same lands, tenements, and hereditaments should not be * put to sale for satisfaction of the same debts or farms in the said Act • mentioned, according to the tenor thereof; whereupon if the heir

should not, within a convenient tine, upon a garnishment or two nichils returned, shew and prove unto the said court that the executors * or administrators of such accountant or debtor have sufficient, which

ought to answer or be liable for the same debt or farm, then after ten ' months next after such iwo nichils or garnishment returned, the same • laods, tenements, or hereditaments, should be sold hy her Majesty, • her heirs or successors, and the money thereof coming disposed ac• cording to the said former recited Act: And after various other enact. ing clauses, there was a proviso to prevent sale of the lands, tene* ments, or hereditaments of any heir, during the time of his or her • nonage: And whereas by an Act, made in the thirty-ninth year of the 39 Eliz. c. 7. • reign of Queen Elizabeth, the said recited explanatory Act of the twenty-seventh year of Queen Elizabeth was repealed, and a new

exposition was made of the said recited statute of the thirteenth of Elizabeth, with various new provisions; but the said Act of the thirty

nioth year of Elizabeth being only temporary, and having expired • early in the reign of James the First, the said explanatory Act of the

twenty-seventh year of Elizabeth beca:ne revived and is now in force: And whereas it may tend greatly to facilitate and expedite the payment of debts to the Crown where the real estales of its ac• countants or debtors, or of their sureties, are seized into the

King's bands under writs of extent, if a sufficient part of such * estates was to be sold under the provisions of the said recited • Acts of the thirteenth and twenty-seventh year of Queen Eliza*beth, but the said Acts have not been lately put in use, and in• convenience is likely to arise if the mode of sale therein directed ' should be pursued ;' be it therefore declared and enacted by the Court of ExKing's most excellent Majesty, by and with the advice and con- chequer, on sent of the Lords Spiritual and Temporal, and Commons, in this application of present Parliament assembled, and by the authority of the same, the Attorney That it shall and may be lawful to and for his Majesty's Court general, may of Exchequer, and the same court is hereby authorised, on the

order the esap

tate of any plication of his Majesty's Attorney-general 'in a summary way, by motion to the same court, to order that the right, title, estate,

debtor to his

Majesty, &c. and interest of any debtor to his Majesty, his heirs and success

to be sold. ors, and the right, title, estate, and interest of the heirs and assigns of such debtor, in any lands, tenements, or hereditaments, which have been, or shall hereafter be extended under and by virtue of any such writ of extent or diem clausit extre

as aforesaid, or so much thereof as shall be sufficient to satisfy the debt for which the same shall have been so extended, shall be sold in such manner as the said court shall direct; and that when a purchaser or purchasers shall be found, the conveyance of the lands, tenements, or hereditaments so decreed to be sold, shall be made to the purchaser or purchasers by his Majesty's remembrancer in the said Court of Exchequer, or bis deputy, under the direction of the said court, by a deed of bargain and sale, to be inrolled in the same court ; and that, from and after the making of such conveyance, and the inrolment thereof as aforesaid, the bargainee or bargainees in such conveyance, and his or their heirs, executors, administrators, and assigns, shall have, VOL IV.

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No. XVII. bold, and enjoy the lands, tenements, and hereditaments therein com25 Geo. III. prised, for his and their own respective use and benefit, not only

against the extent of the Crown, but also against such debtor of c. 35.

the Crown, or the surety or sureties for such debtor, and all persons claiming under such debtor, or the surety or sureties, unless by a title paramount to, and available in law against such extent as aforesaid ; and all monies which shall become payable from any such purchaser or purchasers as aforesaid, shall be paid, accounted for, and applied towards discharge of the debt due to the Crown, and of all costs and expenses which shall be incurred by the Crown in enforcing the payment of such debt, in such manner as the

said Court of Exchequer shall from time to time order and apThe surplus, if point: And if, after payment of the whole debt to the Crown, and any, after pay- of all costs and expenses incurred in enforcing the payment thereof, ment of debt there shall be any surplus of the monies arising from any such sale, and costs, to the said surplus shall belong to the same person or persons as would be paid to the be entitled to the lands, tenements, or hereditaments sold, if there had persons intitled not been a sale thereof, and shall accordingly be paid to such perthereto. son or persons, under the order and direction of the said court of

Exchequer, upon motion or petition to the said court, to be made upon such notice to the Crown, and to be supported by such affidavits or other proofs, as to the said court shall from time to time seem just

and reasonable. Court of Ex- • II. And whereas, from the want of the deeds and writings relative chequer may "lo the title of such lands, tenements, and hereditaments, as the make an order said Court of Exchequer may decree to be sold under this Act, for the produc- " difficulties may arise in the execution hereof, be it therefore furtion of title ther enacted, That it shall be lawful for the said Court of Exdeeds.

chequer, from time to time, to make such order touching the production, delivery, and custody of such title deeds and writings as aforesaid, in the same manner as if a decree had been made by the said court for a sale of the lands of a Crown debtor, in execution of a trust created for payment of debts by such Crown debtor himself.

[ No. XVIII. ] 25 George III. c: 52.-An Act for bet

ter examining and auditing the Public Accounts of this Kingdom.

[ No. XIX. ] 39 George III. c. 83.–An Act for trans

ferring to the Commissioners for auditing the Public Accounts, the Duties now performed in the Offices of the Auditors of the Land Revenue ; and for directing the Mode of attesting the Accounts of the Paymaster-General of His Majesty's Forces.—[12th July 1799.]

[ No. XX. ] 39 and 40 George III. c. 54.-An Act

for more effectually charging Public Accountants with the Payment of Interest'; for allowing Interest to them in certain Cases; and for compelling the Payment of Balances due from them, [20th June 1800.]

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[ No. XXI. ) 41 George III. c. 90.--An Act for the

c. 90.

more speedy and effectual Recovery of Debts due No. XXI.
to his Majesty, his Heirs and Successors, in Right 41 Geo. III.
of the Crown of the United Kingdom of Great Bri-
tain and Ireland ; and for the better Administration

of Justice within the same.-[20 July 1801.]
: FOR the more speedy and effectual recovery of debts due to

his Majesty, his heirs and successors, in right of the Imperial • Crown of this realm, and for the better administration of justice • within the same; be it enacted by the King's

most excellent Majesty, When, upon by and with the advice and consent

of the Lords Spiritual and Teinpo- any account ral, and Commons, in this present Parliament assembled, and by the

recorded in the authority of the same, That, from and after the passing of this Act, Court of Exin all cases where, upon any account duly audited, declared, or re- chequer in corded in his Majesty's court of Exchequer in that part of the United England, or on Kingdom of Great Britain and Ireland called England, or upon any judgment of judgment or decree of the same Court of Exchequer, any debt or duty that Court, shall be due to his Majesty, his heirs and successors, a copy of such any debt shall declared account, judgment, or decree, shall, upon application to the be due to his said court, made on behalf of his inajesty, his heirs and successors, Majesty, a be forthwith exemplified and transmitted, under the seal of the said copy of such Court of Exchequer, to his Majesty's Court of Exchequer in that part account, &c.

shall on appliof the said United Kingdom called Ireland ; which said last mentioned

cation be excourt shall, upon the said copy so exemplified being laid before them,

emplified and forthwith cause the saine to be inrolled in the Rolls of the said Court transmitted to of Exchequer in Ireland; and upon the same being so jorolled, the the Exchequer said Court shall cause process to issue for levying and recovering courtinIreland, the delt due on such declared account, or for which such judg- where it shall ment or decree shall bave been so obtained, as well against the be inrolled, and person of the debtor upon such declared account, or against whom process issued such judgment or decree shall have been so obtained, as against against the bis real and personal estate, situate, lying, and being in that part debtor's body of the United Kingdom called Ireland, as fully and effectually to all intents and purposes as by the course and practice of bis Majesty's Court of Exchequer in that part of the said United Kingdom called England is or may be now awarded and issued by the same court.

11. And be it further enacted, That the sheriff or other proper officer Sheriff shall to whom such process shall be so directed, shall be compelled to account for ex. account to the said Court of Exchequer for the due execution of ecution of the such process; and the chancellor and barons of the said Court shall process; and take care that all monies levied by virtue of such process shall be the money, ledaly paid into the receipt of the Exchequer in Ireland, and the Lord vied shall be High Treasurer of Ireland, or Lords Commissioners for executing Irish Exchethe office of Lord High Treasurer therein, shall, so soon as conve

quer, and reniently may, be, cause the same to be remitted and paid into the mitted to the receipt of the Exchequer, in that part of the United Kingdom called English ExEngland.

chequer. III. And be it further enacted, That from and after the passing of In like manner, this Act, in all the cases where, upon any such declared account where on any duly recorded in his Majesty's Court of Exchequer in that part of the such declared United Kingdom of Great Britain called Ireland, or upon any judg. account rement or decree obtained in the said Court of Exchequer in Ireland, any

corded in the debt shall be due to his Majesty, his heirs and successors, a.copy chequer in Ire

Court of Exof such declared account, judgment, or decree, shall, upon application land, &c. any to the said court made on behalf of his Majesty, his heirs and sucess

debtshallbe due ors, be forthwith exemplified and transmitted under the seal of the said

to his Majesty, Court of Exchequer to his Majesty's Court of Exchequer in that part of the same reguGreat Brilain called England; which said last mentioned Court shall, lations shall be upon the said copy so exemplified being laid before them, forthwith observed for cause the same to be inrolled in the Rolls of the said Court of Ex- the recovery in chequer in England, and upon the same being so inrolled, the said England. court shall cause process to issue for levying and recovering the debt due upoo such declared account, or for which such judgment or decree

there.

No. XXI. shall have been so obtained, as well against the person of the debtor 41 Geo. III. against whom judgment or decree shall have been so obtained, as against c. 90. his real and personal estate, situate, lying, and being in that part of the

United Kingdom called England, as fully aud effectually, to all intents and purposes, as by the usage and practice of his Majesty's Court of Exchequer in that part of the said United Kingdom called Ireland, is or

may be now awarded and issued by the said court. Sheriff shall ac- IV. And be it further enacted, That the sheriff or other proper officer count for the

to whom such process shall be so directed, shall be compelled to account executionofthe to the said court of Exchequer for the due execution of such process, process, and and the chancellor and barons of the said court sball take care that all money levied shall be paid

monies levied by virtue of such process shall be duly paid into the reinto English

ceipt of the Exchequer in England, and the Lord High Treasurer of Exchequer,and England, or Lords Commissioners for executing the office of Lord High reinitted to

Treasurer therein, shall, so soon as conveniently may be, cause the same Ireland. to be remitted and paid into the receipt of the Exchequer of that part

of the United Kingdom called Ireland. Where, in any V. And be it further enacted, That in cases where, in any suit between suit between party and party, or in any matter or proceeding by petition in cases of party and par- minors, bankrupts, idiots, or lunatics, any decree shall be pronounced, ty, or in any

or any order made for payment, or for accounting for money, by the proceeding in

High Court of Chancery in that part of the United Kingdom called Engcases of minors, &c.orders shall

land, the Lord Chancellor, Lord Keeper, or Lords Commissioners for be made for

the custody of the Great Seal of England, for the time being respectively, payment of

shall, upon application made to him or them respectively, cause a copy money, &c. by of such order or decree to be exemplified and certified to the Court of the Court of Chancery in that part of the United Kingdom called Ireland, under the Chancery in Great Seal of England; and the Lord Chancellor, Lord Keeper or Lords England,a copy Commissioners for the custody of the Great Seal of Ireland, shall forththereof shall be with cause such order or decree, when it shall be presented to them certified to the respectively so exemplified, to be inrolled in the rolls of the High Court Court of Chan- of Chancery in Ireland, and shall cause process of attachment and comcery in Ireland, mittal to issue against the person of the party against whom such order be inrolled, and or decree shall have been made respectively, in order to enforce obeprocess shall be dience to and performance of the same, as fully and effectually, to all issued to en

intents and purposes, as if such order or decree had been originally proforce obedi- nounced in the said Court of Chancery in Ireland ;' and it shall and may ence, &c.

be lawful to and for the Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal of Ireland for the time being, from time to time, to make orders upon petition as the occasion may require for payment of money levied under such process as aforesaid, into the bank of Ireland, with the privity of the accountant general of the said court, to the credit, and for the benefit of the party who shall have obtained such order or decrec; and the governor and company of the bank of Ireland are hereby authorized and required to receive and hold all such monies, subject to the orders of the said Court of Chancery : Provided always, That no such monies shall be charged with, or subject to poundage for the usher of the said Court of Chancery in Ireland, when the

same shall be paid out by order of the said court. And where

VI. And be it further enacted, That in all cases where, in any suit such orders between party and party, any decree shall be pronounced, or any order shall be made made for payment, or for accounting for money, by the High Court of by the Court of Chancery in that part of the United Kingdom called Ireland, the Lord Chancery in

Chancellor, Lord Keeper, or Lords Commissioners for the custody of Ireland, a copy the Great Seal of Ireland for the time being respectively, shall, upon certified to the application made to him or them respectively, cause a copy of such Court of Chan

order or decree to be exemplified and certified to the Court of Chancery cery in England

in that part of the United Kingdom called England, under the Great where it shall Seal of Ireland; and the Lord Chancellor, Lord Keeper, or Lords Com. be inrolled; and missioners for the custody of the Great Seal of England, shall forthwith process shall be cause such order or decree, when it shall be presented to them respecissued to en- tively so exemplified, to be enrolled in the rolls of the High Court of force obedi

Chancery in England, and shall cause process of attachment and committal to issue against the person of the party against whom such order No. XXI. or decree shall have been made respectively, in order to enforce obe- 41 Geo. III. dience to and performance of the same, as fully and effectually, to all

ence, &c.

c. 90. intents and purposes, as if such order or decree had been originally pronounced in the said Court of Chancery in England; and is shall and may be lawful to and for the Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal of England for the time being, froin time to time, to make orders upon petition, as the occasion may require, for payment of money levied under such process as aforesaid, into the bank of England, with the privity of the accountant general of the said court, to the credit and for the benefit of the party who shall have obtained such order or decree; and the governor and company of the bank of England are hereby authorized and required to receive and hold all such movies, subject to the orders of the said Court of Chancery : Provided always, That no such monies shall be charged with or subject to poundage, when the same shall be paid out by order of the said court.

VII. And be it further enacted, that in all cases where, in any suit Orders for paybetween party and party, any decree shall be pronounced, or any order ment of money, made for payment, or for accounting for money, by the barons of his made by the Majesty's Court of Exchequer, in that part of Great Britain called Eng. Court of Exland, the Lord Chief Baron, or any one of the barons of the said court chequer of Engfor the time being, shall upon application made to them respectively, land, shall, on cause a copy of such order or decree to be exeniplified and certified io application, be

certified to the the barons of his Majesty's Court of Exchequer in that part of the United Court of ExKingdom called Ireland, under the seal of the said Court of Exchequer chequer in Ireof England; and the barons of the said Court of Exchequer in Ireland land, where shall forthwith cause such order or decree, when it shall be presented to they shall be them so exemplified, to be enrolled in the rolls of the Court of Ex- inrolled, and chequer in Ireland, and shall cause process of attachment and committal process issued to issue against the person of the party against whom such order or to enforce obedecree shall have been made respectively, in order to enforce obedience dience, &c. to, and performance of the same, as fully and effectually, to all intents and purposes, as if such order or decree had been originally pronounced in the said Court of Exchequer in Ireland : And it shall and may be lawfol to and for the barons of the Court of Exchequer in Ireland for the time being, from time to time, to make orders upon petition, as the occasion may require, for payment of money levied under such process as aforesaid, into the bank of Ireland, in the name of the deputy remembrancer of the said court, in trust for the benefit of the party who shall have obtained such order or decree; and the governor and company of the bank of Ireland are hereby authorized and required to receive and hold all such monies subject to the orders of the said Court of Exchequer : Provided always, that no such monies shall be charged with or subject to poundage, when the same shall be paid out by order of the said court.

VIII. And be it further enacted, That in all cases where, in any suit And orders between party and party, any decree shall be pronounced, or any order made by the made for payment, or for accounting for money, by the barons of his Court of ExMajesty's Court of Exchequer in that part of the United Kingdom called chequer in IreIreland, the Lord Chief Baron, or any one of the barons of the said court land, shall, on for the time being, shall, upon application made to them respectively, certified to the cause a copy of such order or decree to be exemplified and certified to

Court of Exthe barons of his Majesty's Court of Exchequer in that part of the United chequer in EngKingdom called England, under the seal of the said court of Exchequer land, where in Ireland; and the barons of the said Court of Exchequer in England, they shall be shall forthwith cause such order or decree, when it shall be presented to inrolled, and them so exemplified, to be enrolled in the rolls of the Court of Ex- process issued chequer in England, and shall cause process of attachment and com- to enforce obemittal to issue against the person of the party against whom such order dience, &c. or decree shall have been made respectively, in order to enforce obedience to, and performance of the same, as fully and effectually, to all intents and purposes, as if such order or decree had been originally pronounced in the said Court of Exchequer in England; and it shall and

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