c. 35.

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 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 time, 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 two nichils or garnishment returned, the same 'lands, tenements, or hereditaments, should be sold by her Majesty, ⚫ her heirs or successors, and the money thereof coming disposed according to the said former recited Act: And after various other enacting 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 reign of Queen Elizabeth, the said recited explanatory Act of the twenty-seventh year of Queen Elizabeth was repealed, and a new 'exposition was made of the said recited statute of the thirteenth of • Elizabeth, with various new provisions; but the said Act of the thirty* ninth 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 became 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 estates of its accountants or debtors, or of their sureties, are seized into the 'King's hands 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 Elizabeth, 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 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 it shall and may be lawful to and for his Majesty's Court of Exchequer, and the same court is hereby authorised, on the application of his Majesty's Attorney-general in a summary way, by motion to the same court, to order that the right, title, estate, and interest of any debtor to his Majesty, his heirs and successors, 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_extremum 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 his 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.

S

Court of Exchequer, on application of the Attorneygeneral, may

order the estate of any debtor to his Majesty, &c. to be sold.

258

*

c. 35.

King's Debts.

[Part IV. No. XVII. hold, 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 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 ap The surplus, if point: And if, after payment of the whole debt to the Crown, and of all costs and expenses incurred in enforcing the payment thereof, there shall be any surplus of the monies arising from any such sale, the said surplus shall belong to the same person or persons as would be entitled to the lands, tenements, or hereditaments sold, if there had not been a sale thereof, and shall accordingly be paid to such person 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.

pay

any, after ment of debt and costs, to be paid to the persons intitled thereto.

deeds.

Court of ExII. And whereas, from the want of the deeds and writings relative chequer may to 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 Exchequer, 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 better examining and auditing the Public Accounts of this Kingdom.

[No. XIX. ] 39 George III. c. 83.-An Act for transferring 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.]

[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 Britain and Ireland; and for the better Administration of Justice within the same.-[2d July 1801.]

When, upon any account

declared or recorded in the

Court of Exchequer in England, or on judgment of that Court, any debt shall be due to his Majesty, a copy of such

FOR OR 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, 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, from and after the passing of this Act, in all cases where, upon any account duly audited, declared, or recorded in his Majesty's court of Exchequer in that part of the United Kingdom of Great Britain and Ireland called England, or upon any judgment or decree of the same Court of Exchequer, any debt or duty shall be due to his Majesty, his heirs and successors, a copy of such declared account, judgment, or decree, shall, upon application to the said court, made on behalf of his majesty, his heirs and successors, be forthwith exemplified and transmitted, under the seal of the said 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, forthwith cause the same to be inrolled in the Rolls of the said Court transmitted to emplified and of Exchequer in Ireland; and upon the same being so inrolled, the the Exchequer said Court shall cause process to issue for levying and recovering courtinIreland, the debt due on such declared account, or for which such judg- where it shall ment or decree shall have 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 his real and personal estate, situate, lying, and being in that part of the United Kingdom called Ireland, as fully and effectually to all intents and purposes as by the course and practice of his 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. II. And be it further enacted, That the sheriff or other proper officer to whom such process shall be so directed, shall be compelled to account to the said Court of Exchequer for the due execution of such process; and the chancellor and barons of the said Court shall take care that all monies levied by virtue of such process shall be duly paid into the receipt of the Exchequer in Ireland, and the Lord High Treasurer of Ireland, or Lords Commissioners for executing the office of Lord High Treasurer therein, shall, so soon as conveniently may be, cause the same to be remitted and paid into the receipt of the Exchequer, in that part of the United Kingdom called England.

debtor's body and effects

there.

Sheriff shall account for execution of the process; and the money le

vied shall be Irish Exchepaid into the

quer, and remitted to the English Exchequer. In like manner, where on any such declared account re

corded in the Court of Exland, &c. any chequer in Iredebtshallbe due

III. And be it further enacted, That from and after the passing of this Act, in all the cases where, upon any such declared account duly recorded in his Majesty's Court of Exchequer in that part of the United Kingdom of Great Britain called Ireland, or upon any judgment or decree obtained in the said Court of Exchequer in Ireland, any debt shall be due to his Majesty, his heirs and successors, a copy of such declared account, judgment, or decree, shall, upon application to the said court made on behalf of his Majesty, his heirs and sucessors, be forthwith exemplified and transmitted under the seal of the said Court of Exchequer to his Majesty's Court of Exchequer in that part of Great Britain called England; which said last mentioned Court shall, upon the said copy so exemplified being laid before them, forthwith 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 upon such declared account, or for which such judgment or decree

to his Majesty, the same regulations shall be observed for

No. XXI. 41 Geo. III.

c. 90.

Sheriff shall account for the

shall have been so obtained, as well against the person of the debtor against whom judgment or decree shall have been so obtained, as against his real and personal estate, situate, lying, and being in that part of the United Kingdom called England, as fully and 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.

IV. And be it further enacted, That the sheriff or other proper officer to whom such process shall be so directed, shall be compelled to account executionof the to the said court of Exchequer for the due execution of such process, process, and and the chancellor and barons of the said court shall 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 Treasurer therein, shall, so soon as conveniently may be, cause the same to be remitted and paid into the receipt of the Exchequer of that part of the United Kingdom called Ireland.

remitted to Ireland.

Where, in any suit between

party and party, or in any proceeding in cases of minors, &c. orders shall be made for payment of

money, &c. by

the Court of Chancery in

where it shall

V. And be it further enacted, That in cases where, in any suit between party and party, or in any matter or proceeding by petition in cases of minors, bankrupts, idiots, or lunatics, any decree shall be pronounced, or any order made for payment, or for accounting for money, by the High Court of Chancery in that part of the United Kingdom called England, the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal of England, for the time being respectively, shall, upon application made to him or them respectively, cause a copy of such order or decree to be exemplified and certified to the Court of Chancery in that part of the United Kingdom called Ireland, under the 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 intents and purposes, as if such order or decree had been originally pronounced in the said Court of Chancery in Ireland; and it shall and may 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 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 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.

issued to enforce obedience, &c.

And where such orders shall be made

thereof shall be

VI. And be it further enacted, That in all cases where, in any suit between party and party, any decree shall be pronounced, or any order 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 in that part of the United Kingdom called England, under the Great Seal of Ireland; and the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal of England, shall forthwith cause such order or decree, when it shall be presented to them respectively so exemplified, to be enrolled in the rolls of the High Court of Chancery in England, and shall cause process of attachment and com

cery in England where it shall

be inrolled; and process shall be

issued to enforce obedience, &c.

c. 90.

Orders for payment of money, made by the Court of Exchequer of England, shall, on

mittal 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 intents and purposes, as if such order or decree had been originally pronounced in the said Court of Chancery in England; and it 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, 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 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 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, 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 between party and party, any decree shall be pronounced, or any order made for payment, or for accounting for money, by the barons of his Majesty's Court of Exchequer, in that part of Great Britain called England, the Lord Chief Baron, or any one of the barons of the said court for the time being, shall upon application made to them respectively, cause a copy of such order or decree to be exemplified and certified to the barons of his Majesty's Court of Exchequer in that part of the United Kingdom called Ireland, under the seal of the said Court of Exchequer of England; and the barons of the said Court of Exchequer in Ireland shall forthwith cause such order or decree, when it shall be presented to them so exemplified, to be enrolled in the rolls of the Court of Exchequer 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 lawful 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.

application, be certified to the Court of Exchequer in Ireland, where they shall be inrolled, and

And orders made by the Court of Exchequer in Ireland, shall, on certified to the application, be Court of Exchequer in England, where they shall be inrolled, and

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