« PreviousContinue »
No. XXI. may be lawful to and for the barons of the Court of Exchequer in Eng41 Geo. III. land, for the time being, from time to time, to make orders upon c. 90. petition as the occasion may require, for payment of money levied
under such process as aforesaid into the bank of England, 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 England 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. The statutes of
IX. And, for the better and more effectual proof of the statute law of England, and of the kingdoms of Great Britain and Ireland, and of England and Ireland, Great Britain, previous to the union of the said kingdoms, in all courts of civil and printed and published by
criminal jurisdiction in every part of the said United Kingdom ; be it The King's
enacted, That the copy of the statutes of the kingdom of England, and printer shall be of the kingdom of Great Britain since the union with Scotland, printed and received as con- published by the printer duly authorized to print and publish the same clusive evi- by his Majesty, or by any of his royal predecessors, shall be received as dence in any
conclusive evidence of the everal statutes made and enacted prior to the court in Ire- union of the kingdoms of Great Britain and Ireland, by the Parliaments land; and the of England and Great Britain respectively, in all suits, actions, or prosestatutes of Ire- cutions respectively, commenced, instituted, or carried on, or to be land prior to commenced, instituted, or carried on, in any court of civil or criminal the union, so printed and
jurisdiction, in that part of the United Kingdom called Ireland ; and in published, shall like manner the copy of the statutes of the kingdom of Ireland, made in like manner and enacted by the Parliament of the same, prior to the union of the be evidence in kingdoms of Great Britain and Ireland, and printed and published by any court in the printer, duly authorized by his Majesty, or any of his royal predeGreat Britain. cessors, to print and publish the same, shall be received as conclusive
evidence of the several statutes made and enacted by the Parliament of Ireland, prior to the union of the kingdoms of Great Britain and Ireland, in all suits, actions, or prosecutions respectively, commenced, instituted, or carried on, or to be commenced, instituted, or carried on, in any court of civil or criminal jurisdiction, in that part of the United Kingdom called Great Britain.
[ No. XXII.) 42 George III. c. 70.-An Act for direct
ing certain public Accounts to be laid annually before Parliament, and for discontinuing certain other Forms of Account now in Use.—[22d July, 1802.]
[ No. XXIII. ] 46 George III. c. 141.–An Act for
making more effectual Provision for the more speedy and regular Examination and Audit of the public Accounts of this Kingdom.-[22d July, 1806.]
( No. XXIV. ] 47 George III. c. 39. sess. 2.-An Act
for more effectually charging public Accountants with Interest upon Balances, and for other purposes relating to the passing of public Accounts.-[8th August
[ No. XXV. ] 48 George III. c. 58.-An Act for amend.
ing the Law with regard to the Course of Proceeding on Indictments and Informations in the Court of King's
Bench in certain Cases;
No. XXV. and for requiring Officers taking Bail in the King's 48 Geo. III. Suit to assign the Bail Bonds to the King.–[1st June, C. 58. 1808.]
ND be it further enacted, That if any person shall be arrested Bail bonds in
after the passing of this Act, by any writ of Capias ad respon- the King's suits dendum issuing out of any of his Majesty's Courts of Record at West- shall be assignminster, or out of the superior court of record of either of the counties ed by the shepalatine, or out of any of the courts of great sessions in Wales, at the riffs, &c. suit of the King's Majesty, his heirs or successors, and the sheriff or other officer sball take bail from such person, the sheriff or other officer, at the request and costs of the prosecutor of such writ, shall assign to the King's Majesty, his heirs and successors, the bail bond taken from such bail, by indorsing the
same, and attesting it under his hand and seal in the presence of two or more credible witnesses, which may be done without any stamp, provided the assignment so endorsed be duly stamped before any suit be commenced thereupon; and if such bail bond be forfeited, such process shall thereupon issue as on bonds originally made to the King's Majesty, his heirs and successors, and the court in which such bail bond is put in suit, may by rule or rules of the same court give such relief to the defendant or defendants as is agreeable to justice and reason.
[This Act at length in Vol. VI.]
[ No. XXVI.] 57 George III. c. 117.- An Act to regu:
late the issuing of Extents in Aid.—[11th July, 1817.] W HEREAS extents in aid have in many cases been issued for the 37 Georgo III.
levying and recovering of larger sums of money than were due to his c. 117. Majesty by the debtors on whose behalf such extents were issued, and it is expedient to prevent such practice in future; and in other cases extents in aid have been issued at the instance and for the benefit of persons indebted to his Majesty by simple contract only : Be it therefore 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 Amount of upon the issuing of every extent in aid, on behalf of any debtor to his debt due to the Majesty, after the passing of this Act, his Majesty's Court of Exchequer Crown to be inat Westminster, or the Chancellor of his Majesty's Exchequer, or Lord dorsed upon the Chief Baron or other baron of the said court, granting the fiat for the
writ, as the
sum to be leissuing of such extent in aid, shall cause the amount of the debt or sum vied by the of money due or claimed to be due to his Majesty to be stated and speci- sheriff fied in the said fiat ; and that in all cases in which the debt or debts found due to the debtor to his Majesty shall be equal to or exceed the debt stated and specified in the said fiat as aforesaid, the amount of the debt so stated and specified in the said fiat shall be indorsed upon the writ, and the writ so indorsed shall be deemed to be and be the authority and direction to the sheriff or other officer who shall execute such writ, in making his levy and executing the same, as to the amount to bó levied and taken under the said writ; and that in all cases in which the debt or debts found due to the debtor to his Majesty shall be of less amount than the debt stated and specified in the said fiat as aforesaid, the amount of such debt or debts found due to such debtor to his Ma. jesty shall be indorsed upon the writ, and the writ so indorsed shall be deemed to be and be the authority and direction to the sheriff or other officer who shall execute the said writ, in making his levy and executing the same, as to the amount to be levied and taken under the said writ; and that the money levied, taken, recovered, or received under or hy virtue of every such extent in aid so prosecuted and issued, shall be, by order of the said court, paid over to and for his Majesty's use, towarda satisfaction of the debt so due to his Majesty as aforesaid.
11. Provided always, and be it further enacted, That in every case in 57 Geo. III. which the sum produced by the sale of any lands, goods, or chattels
taken, or by the receipt of any sum of money by any sheriff or other c. 117.
officer under any such writ of extent, for the purpose of levying, the
amount or sum of money indorsed upon the back of the writ, shall be If anyoverplus, more than sufficient to satisfy the amount of the sum so indorsed upon court todispose the writ, such overplus shall be paid into the Court of Exchequer, together of it upon sunmary applica
with the said amount indorsed upon the said writ; and the said court tion,
shall, upon any summary application or applications, make such order, for the return, disposal, or distribution of any such surplus, or any part
or proportion thereof, as to the said court shall appear to be proper. Not to preju- lii. Provided always, and be it further enacted, That nothing in this dice the debtor Act contained, and no seizure of any debt into the hands of his Majesty, to the crown in or part recovery or payment of such debt, or other proceeding had recovering the under or in pursuance of this Act, or in relation to the applying for, obremainder of
taining, or executing any such writ, or disposing of any such overplus, any debt.
shall affect or in any manner prejudice, either at law or in equity, any right, claim, or deinand of the person or persons to whom such debt shall have been due or owing, when seized into his Majesty's hands, or his or their assignee or assignees, or executor or executors, or administrator or administrators, as to the remaining part of such debt, or as to the suing any person or persons against whom any such writ shall have issued, or whose lands or goods shall have been seized or taken under any such writ, for the residue or remaining part of such debt, or as to the recovery of or receiving any residue or remaining part of any debt so seized or in part levied, recovered, or paid, or any further or other debt seized or sued for under or by virtue of any such extent, but still remaining due and unpaid, either in the whole or in part; but that it shall be lawful for any person or persons as aforesaid, his or their assignee or assignees, executor or executors, or administrator or administrators, to demand, sue for, and recover the remainder of any such debt so seized, or any other debt or debts, by the like process and in the same manner as if no such extent in aid had issued; any thing contained in any Act or Acts of Parliament, or law or laws, to the contrary not
withstanding Extents in aid not to be sued Act it shall not be lawful for any person or persons, companies or
IV. And be it further enacted, That from and after the passing of this contract debt- societies of persons, corporate or not corporate, who shall or may be ors to the
indebted to his Majesty by simple contract only, nor for any such person crown, &c. ex- or persons, companies or societies, who shall or may be indebted to His cept in certain Majesty by bond for answering, accounting for, and paying any particular duty or duties, or sum
or sums of money, which shall arise or become due and payable to his Majesty from such person or persons, companies or societies respectively, for and in respect and in the course of his or their particular trades, manufactories, professions, businesses, or callings; nor for any subdistributor of stamps who shall have given bond to his Majesty: por for any person who shall have given bond to his Majesty, either jointly or separately, as a surety only for some other debtor to his Majesty, until such surety shall have made proof of a demand having been made upon him on behalf of his Majesty, in consequence of the nonperformance of the conditions of the bond by the principal, and then only to the amount of the said demand; to sue out and prosecute any extent or extents in aid, by reason or on account of any such debt or debts to his Majesty respectively, for the recovery of any debt or debts due to such person or persons, companies or societies, or to such subdistributor of stamps or surety as aforesaid ; and that all and every commission and commissions to find debts, extent and extents in aid, and other proceedings which shall be so issued or instituted at the instance of or for such simple contract or bond debtor or debtors respectively, and all proceedings thereupon, shall be pull and void: Provided always, that nothing herein contained shall extend or be construed to extend to preclude or prevent any persons who shall or may beconie deblor or debtors to his Majesty by simple contract only, by the collection or receipt of any money arising from His Majesty's No. XXVII. revenue for His Majesty's use, froin applying for and suing out any com- 5 Geo. IV. mission or commissions, extent or extents in aid, in cuse one or viore of
e, lll. such persons shall be bound to His Majesty by bond or specialty of record in the said Court of Exchequer, for answering, securing, paying over, or accounting for to his Majesty, the particular duties or suins of money which shall constitute the debt that may be so then due from such person or persons tu His Majesty; any thing herein. before contained to the contrary notwithstanding.
V, Provided nevertheless, and be it further enacted, That no extent Extent in aid in aid shall be issued on any bond given by any person or persons as a not to issue on surety or sureties for the paying or accounting for any duties which may
Bonds for the become due to His Majesty from any body or society, whether incorpo- payınent of rated or otherwise, carrying on the business of insurance against any
Duties agaiost risques either of fire or of any other kind whatever.
Body, &c. VI. And be it further enacted, That it shall and may be lawful for any persons imperson or persons who may now or shall hereafter be imprisoned under prisoned under or by virtue of any writ of capias in any estent or extents in aid, to apply any Writ of to the Barons of His Majesty's Court of Exchoquer in England or Scotland, Capias in exor to any baron of the same court in vacation, for his her or their dis- tents in aid, charge, giving one month's previous notice in writing to the person or may apply to persons to whom he she or they owed the debt or sum or sums of the Courts of money for which he she or shey is or are so imprisoned, at the time Exchequer for such debt was seized under such extent in aid of his her or their their Disintention to make such application, and stating in such notice the
charge. ground of such application, and an enumeration and description of all and every the property debts and effects whatsoever of such person or persons in his her or their own possession or power, or in the possession or power of any other person or persons for his her or their use; and fur the said court, or any such baron in vacation to whom such application shall be marle, to order such person or persons to be brought before thens or him to be examined upon oath touching and concerning his her or their property and effects; and if such person or persons respectively shall upon such examination make a full disclosure of all his her or their property and effects, to the satisfaction of the said court or baron, or it shall otherwise appear reasonable and proper to such court or baron that such person or persons should be no longer imprisoned under such writ, for such court or baron to order a writ of supersedeas quoud corpus to be issued out of the said couit for the liberation of stich person or persons from such imprisonment: Provided always, that no such liberation as aforesaid shall be held or deemed to satisfy or supersede such extent in aid, or any proceedings thereon, except as to such imprisonment as aforesaid, or the debt or debis seized under and by virtue thereof, and for which such person or persons shall be so imprisoned.
[ No. XXVII.) 5 George IV. c. 111.--An Act to amend an
Act of the Forty-first Year of the Reign of His late Majesty King George the Third, for the more speedy and effectual Recovery of Debts due to His Majesty, his Heirs and Successors, in Right of the Crown of the United Kingdom of Great Britain and Ireland; and for the better Administration of Justice within the same.—[24th June
1824.] WHEREAS by an Act passed in the forty-first year of the reign of
His late Majesty King George the Third, intituled An Act for the 416, N11.c.90. more speedy and effectual Recovery of Debts due to His Majesty, his Heirs and Successors, in Right of the Crown of the United Kingdom of Great Britain and Ireland, and for the better Administration of Justice within the same, it is enacted, that in all cases wherein any suit between party and VOL. IV:
No. XXVII. party any decree shall be pronounced or any order made for payment or 5 Geo. IV. for accounting for money by the High Court of Chancery in that part of c. 111.
the United Kingdom called Ireland, the Lord Chancellor, Lord Keeper or Lords Commissioners for the Custody of the Great Seal of Ireland 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 England, under the Great Seal of Ireland; and the Lord Chan. cellor, Lord Keeper or Lords Commissioners for the Custody of the Great Seal of England, shall furthwith cause such order or decree, when it shall be prescribed 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 committal to issue against the person of the party against whom such order 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 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 by the said Act 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 subjcct to poundage when the same shall be paid out by order of the said court: And whereas similar provisions are contained in the said Act respecting the execution in Ireland of decrees and orders made by the High Court of Chancery in England, not only in any suit between party and party, but also in any matter or proceeding by petition in cases of minors, bankrupts, idiots or lunatics; and it is expedient that the provisions of the said Act should be extended to orders in any matter or proceeding in Ireland by petition in cases of minors, bankrupts, idiots or lunatics : Be it therefore 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 On Order of of the same, That from and after the passing of this Act, that on any Court of
order for payment or for accounting for money pronounced by the High Chancery in
Court of Chancery, or by the Lord Chancellor Lord Keeper, or Lords Ireland for
Commissioners for Custody of the Great Seal, or Master of the Rolls, in Paymeut of
Ireland, in any matter or proceeding by petition in cases of minors, Money in Cases of
bankrupts, idiots or lunatics, it shall and may be lawful for the party Minors, Bank. obiaining the same to take such proceeding to enforce obedience to and rupts, &c. the performance of the same in that part of the United Kingdom called Party obtain England, as in and by the said Act is enacted of and concerning decrees ing it may
and orders pronounced by said Court of Chancery in Ireland in any take such suit pending between party and party; and that all such enactments Proceeding to advantages and provisions, as are by the said Act enacted and provided enforce. One touching and respecting decrees of the Court of Chancery in Ireland in dience thereto any suit between party and party, shall be and the same are hereby in England as enacted and extended to all orders made by said Court of Chancery, by recited Act is provided
or the Lord Chancellor, Lord Keeper or Lords Commissioners of the concerning
Great Seal, or Master of the Rolls, in Ireland, for payment or for ac
counting for money in any matter or proceeding by petition in cases of nounced in minors, bankrupts, idiots or lunatics, 'to all intents and purposes, as if any Suit be. such orders in cases of minors, bankrupts, idiots or lunatics had been tween Party
particularly stated and mentioned in the said Act. and Party.