Page images
PDF
EPUB

No. XII.

c. 25.

the person or persons so petitioning his, her or their respective representatives, or any person or persons claiming under him, her 5 George II. or them respectively, by virtue of any Act done before the commencement of the suit, may be admitted to answer the bill exhibited, and issue may be joined, and witnesses on both sides examined, and such other proceedings, decree and execution may be had thereon, as there might have been in case the same party had originally appeared, and heard again. the proceedings had then been newly begun, or as if no former decree or proceedings had been in the same cause.

VII. Provided nevertheless, and be it enacted by the authority aforesaid, That if any person or persons, against whom such decree shall be made, his, her or their heirs, executors or administrators, shall not within seven years next after the making of such decree, appear and petition to have the cause reheard, and pay down or give security for payment of such costs as the court shall think reasonable in that behalf, such decree made as aforesaid shall stand absolutely confirmed against the person and persons against whom such decree shall be made, his, her and their heirs, executors and administrators, and against all persons claiming or to claim, by, from or under him, her, them or any of them, by virtue of any Act done or to be done subsequent to the commencement of such suit; and at the end of such seven years it shall and may be lawful for the court to make such further order as shall be just and reasonable, according to the circumstances of

the case.

swer, and the cause to be

Not appearing within seven years and making such petition, to be

absolutely

barred.

Not to affect persons beyond the seas, unless

affidavit be made of their being in England within

two years before the subpoena.

VIII. Provided always, That this Act shall not extend or be construed to extend to warrant or make good any proceeding against any person beyond the seas, unless it shall appear to the satisfaction of the court by affidavit or affidavits, before the making of such decree, that such person had been in that part of Great Britain called England, within two years next before the subpœna in such suit issued against such person. IX. Provided also, That this Act shall not extend or be construed Not to extend to extend to warrant or make good any proceeding against any person to courts havin any Court of Equity having a limited jurisdiction, unless it shall ing a limited appear to the satisfaction of such court by affidavit or affidavits, be fore the making of such decree, that such person had resided within the jurisdiction of such court, within one year next before the subpana in such suit issued against such person.

jurisdiction, unless oath be made of per

sonal residence in such

jurisdiction, one year before the subpoena.

[ No. XIV. ] 7 George II. c. 20.-An Act for the more easy Redemption and Foreclosure of Mortgages.

[Inserted Part II Class II. No. 28.)

[ No. XV. ] 12 George II. c. 24.-An Act to em power the High Court of Chancery to lay out upon proper Securities any Monies not exceeding a Sum therein limited, out of the common and general Cash in the Bank of England belonging to the Suitors of the said Court, for the Ease of the said Suitors, by applying the Interest arising therefrom, for answering the Charges of the Office of the Accountant-General of the said Court.

No. XVI.

c. 32.

[

4George III. No. XVI. 14 George III. c. 32.-An Act to empower the High Court of Chancery to lay out, upon proper Securities, a further Sum of Money, not exceeding a Sum therein limited, out of the Common and General Cash in the Bank of England belonging to the Suitors of the said Court; and for applying the Interest arising therefrom, towards answering the Charges of the Office of the Accountant-General of

Preamble.

the said Court.

[ No. XVI. a. ] 5 Geo. III. c. 28.-An Act to impower the High Court of Chancery to lay out, upon Government Securities, a Sum of Money therein mentioned, out of the Common and General Cash in the Bank of England belonging to the Suitors of the said Court; and to apply the Interest arising therefrom, towards augmenting the Income of the Masters of the said Court.

WH

HEREAS by an Act of Parliament, passed in the Twelfth year of the reign of his late Majesty King George the First, intituled, An Act for Relief of the Suitors of the High Court of Chancery, it was, amongst other things, enacted, That all the money and cash then deposited in the Bank, or that should at any time thereafter be paid into or deposited in the bank, on the account of the suitors of the Court of Chancery, or any of them, or by order of the said court, should be accounted and taken to be one common and general cash, and should be promiscuously issued and issuable when and as the Court of Chancery should direct, for the answering, paying, and clearing, the debts and demands of any of the suitors of the said court: And whereas, from many years' experience, it hath been found, that there always hath been, and there now is, a very large sum of money, belonging to the suitors of the Court of Chancery, which lies dead and unemployed in the Bank: And whereas the offices of the Masters in the Court of Chancery are very ancient, and are offices of great trust and consequence to the suitors of the said court; and the profits belonging thereto are not adequate to the attendance, trouble, and importance, of the said offices: Wherefore, in order to make a further provision for the said offices, 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 out of the cash that now lies, or shall hereafter lie, dead and unThe High Court of Chan- employed in the Bank of England, belonging to the suitors of the Court cery, impower- of Chancery, a sum not exceeding eighty thousand pounds shall and ed to order the may, by virtue of any order or orders of the said court, to be made placing out oc- for that purpose, from time to time be placed out in one entire sum, casionally, up- or in parcels, on such government or parliamentary securities, as in on government and by such order or orders shall be directed; to the intent that the interest and annual produce, arising from the money so to be placed out as aforesaid, may be applied for the purposes hereinafter mentioned; and that the said Court of Chancery may, by order or orders of the said court, from time to time change the security or securities on which the said monies shall be so placed out as the said court shall think expedient.

or other secu-
rities,

80,000%. out of
the general
cash in the
Bank belong-
ing to the
suitors of the
the interest to
be received

court; and to change the securities as shall be expedient;

And be it further enacted, That the interest and annual produce arising from the said securities shall, from time to time, be received by

c. 28.

the Governor and Company of the Bank of England, and placed to the No. XVI a. credit of an account to be raised in the books kept there for the suit- 5 Geo. III. ors of the said court, of interest arising from money placed out in pursuance of this Act; and that out of such interest and annual produce there shall be paid, by half-yearly payments, by the Governor and accounted and Company of the Bank of England, by virtue of an order or orders for by the of the Court of Chancery to be made for that purpose, the annual sum bank; of two hundred pounds to each and every of the eleven of the masters in and 2001. per ordinary of the said Court of Chancery, free from parliamentary taxes; annum to be which said annual sums shall commence from the fifth day of January, paid thereout in the year of our Lord One thousand seven hundred and sixty-five; half-yearly, by and that the residue of the interest and annual produce arising from the an order of said securities, shall be accounted for, and taken, as part of the com- Court of Chanmon and general cash of and belonging to the suitors of the said Court cery, to each of Chancery; and shall be issued and applied pursuant and according to the directions of the before recited Act of Parliament.

of the eleven masters of the court;

to commence from 5 Jan. 1765; the surplus money to go to, and be accounted as part of, the general cash of the suitors. Provided always, and be it further enacted and declared, That if, at If the whole any time hereafter, the whole, or any part of the said sum of eighty thousand pounds, shall be wanted, to answer any of the demands of suitors of the said Court of Chancery, then, and in such case, the said in, or the securities on which the same shall be placed to be disposed court may and shall direct the same, or any part thereof, to be called of, in order that the suitors of the said court may, at all times, be paid their respective demands, out of the common and general cash belonging to such suitors.

[ No. XVII. ] 9 George III. c. 19.-An Act to empower the High Court of Chancery to lay out, upon Government Securities, a further Sum of Money, not exceeding a Sum therein limited, out of the common and general Cash in the Bank of England belonging to the Suitors of the said Court; and to apply the Interest arising therefrom towards answering the Charges of the office of Accomptant-General of the said Court.

[ No. XVIII.] 32 George III. c. 42.-An Act to empower the High Court of Chancery to lay out a further Sum of the Suitors' Money upon proper Securities, and for applying the Interest towards discharging the Expenses of the Office of the AccountantGeneral, and for building Offices for the Masters in Ordinary in Chancery, and a Public Office for the Suitors of the said Court, and Offices for the Secretaries of Bankrupts and Lunatics, and for building Repositories for securing the Title Deeds of the Suitors of the said Court, and the Records and Proceedings of the Commissioners of Bankrupts and Lunatics.

[ No. XIX. ] 36 George III. c. 90.-An Act for the Relief of Persons equitably and beneficially entitled to or interested in the several Stocks and Annuities

or part of the
sum so placed
out to interest,
call in the
shallbewanted,
the court may
same, &c.
that the suit-

ors demands
may be paid.

No. XIX. 36 Geo. IL c. 90.

transferable at the Bank of England.-[14th May

[blocks in formation]

[No. XX. ] 39 & 40 George III. c. 36.-An Act to enable Courts of Equity to compel a Transfer of Stock in Suits, without making the Governor and Company of the Bank of England, or the United Company of Merchants of England trading to the East Indies, or the Governor and Company of Merchants of Great Britain trading to the South Seas or other parts of America, Party thereto.-[1st May, 1800.]

39 & 40 George WH

ill. c. 36.

Any court of

equity may or-
der the Bank

of England to
suffer a trans-
fer of stock to
be made, or to
pay dividends
belonging to
or standing in

the names of

any party to a suit, or issue an injunction to restrain such

transfer or payment, although the

Bank be not party, &c.

On request of the clerk in

court and soli

citor of the

a

party, the Bank

shall deliver a certificate stating the amount of such stock or dividends, &c. for which the fees herein specified shall be paid.

[ocr errors]
[ocr errors]

WHEREAS great expense arises in suits in Courts of Equity, from the practice of making the Governor and Company of the Bank of England parties thereto, for the mere purpose of compelling or authorising the said corporation to suffer any transfer of stock standing in their books to be made which justice may require:' 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 it shall be lawful for any of his Majesty's Courts of Equity, before or upon hearing any cause depending therein, to order the Governor and Company of the Bank of England to suffer a transfer of stock standing in their books to be made, or to pay any accrued or accruing dividends thereon, belonging to or standing in the names of any party to a suit, as such courts may deem just; or to issue an injunction to restrain them from suffering any transfer of such stock, or from paying any dividends or interest accruing or accrued thereon, although such governor and company are not parties to the suit in which such decree or order shall be made; such courts being satisfied by the certificate of the accountant of the said corporation, duly signed by him as hereinafter is directed, that the stock required to be transferred is standing in their books in the name of the persons or person required to transfer the same, or of the persons or person to whom they or he are or is the legal representative; and that after due service of a short order upon the said governor and company, or their proper officer, which shall contain no recital of their pleadings, or other matter than the title of the cause, and the ordering part of such decree or order which respects the said governor and company, and for which the sum of eighteen shillings, and no more, shall be paid, like process shall issue to enforce such order or decree as to enforce them against any party to a suit depending in such court.

II. And for the better enabling any party to a suit to obtain and produce such certificate in court, Be it enacted, That upon request in writing signed by the clerk in court (or other officer answering thereto) and the solicitor concerned in the cause for the party applying, which shall state the cause, and for what parties they are concerned, the Governor and Company of the Bank of England shall deliver, or cause to be delivered, to the said clerk in court or other officer and solicitor, or one of them, a certificate signed by their accountant, stating the amount of such stock or dividends, and in whose names or name such stock is standing in their books, and if it be particularly required (but not otherwise) when such stock or any part thereof was transferred, and by whom; for the signing of which request in writing, there shall be paid to such clerk in court, or other officer, a fee of six shillings and eight pence, and no more, and to such solicitor, for the drawing, copying, and delivering at the Bank, a fee of thirteen shillings and four pence, and no more, and to the officer making and delivering such certificate, a fee of two shillings and six-pence, and no more: Provided

No. XX.

39 & 40

c. 36.

nevertheless, That nothing herein contained shall extend to any case where any further discovery is wanted than what is hereinbefore expressly mentioned, nor to any case where the said governor and com- George III. pany claim any interest in or lien upon the said fund, but that in such cases it shall be necessary to make them a party to such suit as if this Act had never been made; and that if any special matter shall arise, which, in the opinion of the said governor and company, shall affect their interests, or which might be objected against suffering such transfer of stock or payment of dividends, it shall be lawful for them to state such matter to the court by motion or petition in such suit, and that execution of process to compel such transfer or payment, shall be suspended until final order shall be made thereon.

Act not to extend to any further discovery than herein mentioned; nor to any case where the

Bank claim an interest in the fund; and the Bank may state their objections to any transfer by motion or petition.

III. And be it further enacted, That in all suits now depending, in which the said governor and company may have put in their answer, not claiming any interest in or lien upon the stock required to be trans. ferred, no further proceeding shall be had against them as a party to such suits, but that the bill shall stand dismissed as against them in such suits; and that in all such suits an order may be made, upon motion or petition as of course, for the taxing of their costs already incurred, and for immediate payment thereof by the plaintiffs in any such suits, or any of them, subject however to any further order as between the other parties to such suits respecting the final payment of such costs, as by the court in which any suit may be depending shall be deemed just.

In suits now
depending
where the Bank
have put in

their answer,
not claiming
any interest
in the stock
required to
be transferred,
proceedings
shall be stopped
and the bill dis-

IV. And be it further enacted, That all the several regulations and missed, &c. provisions herein before enacted shall extend, mutatis mutandis, to The provisions every case where the united company of merchants of England trading aforesaid shall to the East Indies, or the Governor and Company of Merchants of extend to the Great Britain trading to the South Seas or other parts of America, East India have any stock standing in the books of such respective corporations, the South Sea Company and which may now be or hereafter may become the subject of any suit in Company, equity, or incidental thereto; saving to the said corporations respectively where they the like right of being made a party, or applying by motion or petition, have stock in such suits as is before reserved or given to the Governor and Company standing in of the Bank of England.

[ocr errors]

their books,

which may become the subject of a suit in equity.

[ No. XXI. ] 39 & 40 George III. c. 56.-An Act for Relief of Persons entitled to entailed Estates to be purchased with Trust Monies.-[20th June 1800.]

[Inserted Part II. Class I. No. 30.]

[ No. XXII. ] 41 George III. c. 90.-An Act 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.-[2d July 1801.]

[Inserted ante, Class XXIII. No. 21.]

[No. XXIII. ] 45 George III. c. 75.-An Act to remove Doubts touching Appointments to certain Of fices in the Court of Chancery made during the Va

« PreviousContinue »