1 & 2 Vict. c. 110. Sheriff empowered to seize money, bank notes, &c.; or bank notes to execution cre ditor; and to sue for amount secured by bills of ex securities. [1 & 2 Vict. c. 110.] An Act for abolishing Arrest on Mesne Process in Civil XII. And be it enacted, that by virtue of any writ of fieri facias to be sued out of any superior or inferior court after the time appointed for the commencement of this act, or any precept in pursuance thereof, the sheriff or other officer having the execution thereof may and shall seize and take any money or bank notes, (whether of the governor and company of the Bank of England, or of any other bank or bankers,) and any cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, belonging to the person against whose effects such writ of fieri and to pay money facias shall be sued out; and may and shall pay or deliver to the party suing out such execution any money or bank notes which shall be so seized or a sufficient part thereof; and may and shall hold any such cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money as a security or securities for the amount of such writ of fieri facias directed to be levied, or so much thereof as shall not have been otherwise levied and raised: and may sue in the name of such sheriff or other officer for the recovery of the sum or sums secured thereby, if and when the change and other time of payment thereof shall have arrived; and that the payment to such sheriff or other officer by the party liable on any such cheque, bill of exchange, promissory note, bond, specialty, or other security, with or without suit, or the recovery and levying execution against the party so liable, shall discharge him to the extent of such payment, or of such recovery and levy in execution, as the case may be, from his liability on any such cheque, bill of exchange, promissory note, bond, specialty, or other security; and such sheriff or other officer may and shall pay over to the party suing out such writ the money so to be recovered, or such part thereof as shall be sufficient to discharge the amount by such writ directed to be levied; and if after satisfaction of the amount so to be levied, together with sheriff's poundage and expenses, any surplus shall remain in the hands of such sheriff or other officer, the same shall be paid to the party against whom such writ shall be so issued; provided that no such sheriff or other officer shall be bound to sue any party liable upon any such cheque, bill of exchange, promissory note, bond, specialty, or other security, unless the party suing out such execution shall enter into a bond, with two sufficient sureties, for indemnifying him from all costs and expenses to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the expense of such bond to be deducted out of any money to be recovered in such action. Proviso as to indemnity for sheriff. Securities not realized to be re XVI. And be it enacted, that if any judgment creditor, who, under the powers of this act shall have obtained any charge or be entitled to the benefit of any security whatsoever, shall afterwards 1 & 2 Vict. c. 110. and before the property so charged or secured shall have been linquished if the converted into money or realized, and the produce thereof applied person taken in towards payment of the judgment debt, cause the person of the execution. judgment debtor to be taken or charged in execution upon such judgment, then and in such case such judgment creditor shall be deemed and taken to have relinquished all right and title to the benefit of such charge or security, and shall forfeit the same accordingly. XVII. And be it enacted, that every judgment debt shall Judgment debts carry interest at the rate of four pounds per centum per annum to carry interest. from the time of entering up the judgment, or from the time of the commencement of this act in cases of judgments then entered up and not carrying interest, until the same shall be satisfied; and such interest may be levied under a writ of execution on such judgment. [2 & 3 Vict. c. 29.] An Act for the better Protection of Parties dealing with [19th July, 1839.] 6 Geo. 4, c. 16. Whereas by an act passed in the sixth year of the reign of his 2 & 3 Vict. c. 29. late Majesty King George the Fourth, intituled "An Act to amend the Laws relating to Bankrupts," it was among other things enacted, that all payments really and bonâ fide made by any bankrupt or by any person on his behalf, before the date and issuing of the commission against such bankrupt, to any creditor of such bankrupt (such payment not being a fraudulent preference of such creditor), should be deemed valid, notwithstanding any prior act of bankruptcy by such bankrupt committed, and that all payments really and bonâ fide made to any bankrupt before the date and issuing of the commission against such bankrupt should be deemed valid, notwithstanding any prior act of bankruptcy committed, and that such creditor should not be liable to refund the same to the assignees of such bankrupt, provided the person so dealing with the bankrupt had not at the time of such payment to such bankrupt notice of any bankruptcy committed: and whereas by an act passed in this present session of parliament, intituled Act for the better Protection of Purchasers against Judgments, Crown Debts, Lis pendens, and Fiats in bankruptcy," it is amongst other things enacted, that all conveyances by any bankrupt bonâ fide made and executed before the date and issuing of the fiat against such bankrupt, shall be valid, notwithstanding any prior act of bankruptcy by him committed, provided the person or persons to whom such bankrupt so conveyed had not at the time of such conveyance notice of any prior act of bankruptcy by him committed; and whereas it is expedient that further protection should be given to persons dealing with bankrupts before the An 2 Vict. c. 11. bonâ fide made by and with any bankrupt pre vious to the date flat to be valid, &c., if no notice had of prior bankruptcy. 2 & 3 Vict. c. 29. issuing of any fiat against them: Be it therefore enacted by the Queen'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, All contracts, &c., That all contracts, dealings and transactions, by and with any bankrupt really and bonâ fide made and entered into before the date and issuing of the fiat against him, and all executions and attachments against the lands and tenements or goods and chattels and issuing of any of such bankrupt, bonâ fide executed or levied before the date and issuing of the fiat, shall be deemed to be valid, notwithstanding any prior act of bankruptcy by such bankrupt committed; provided the person or persons so dealing with such bankrupt, or at whose suit or on whose account such execution or attachment shall have issued, had not at the time of such contract, dealing, or transaction, or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed: provided also, that nothing herein contained shall be deemed or taken to give validity to any payment made by any bankrupt being a fraudulent preference of any creditor or creditors of such bankrupt, or to any execution founded on a judgment on a warrant of attorney or cognovit given by any bankrupt by way of such fraudulent preference. Act may be repealed, &c. 2 & 3 Vict. c. 37. 7 Will. 4 & 1 Vict. c. 80. Bills of exchange and contracts for loans or forbearance of money above 10%. not to II. And be it further enacted, that this act may be repealed or altered by any other act in this present session of parliament. [2 & 3 Vict. c. 37.] An Act to amend, and extend until the First day of January, One thousand eight hundred and forty-two, the Provisions of an Act of the First Year of her present Majesty, for exempting certain Bills of Exchange and Promissory Notes from the Operation_of the Laws relating to Usury. [29th July, 1839.] Whereas by an act passed in the first year of the reign of her present Majesty, intituled "An Act to exempt certain Bills of Exchange and Promissory Notes, from the Operation of the Laws relating to Usury," it was enacted, that bills of exchange payable at or within twelve months should not be liable, for a limited time, to the laws for the prevention of usury: and whereas the duration of the said act was limited to the first day of January, one thousand eight hundred and forty; and it is expedient that the provisions of the said act should be extended: Be it therefore enacted by the Queen'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 no bill of exchange or promissory note made payable at or within twelve months after the date thereof, or not having more than twelve months to run, nor any contract for the loan or forbearance of money, above the sum of ten pounds sterling, shall, by reason of 2 & 3 Vict. c. 37. any interest taken thereon or secured thereby, or any agreement be affected by the to pay or receive or allow interest in discounting, negotiating or usury laws. transferring any such bill of exchange or promissory note, be void, nor shall the liability of any party to any such bill of exchange or promissory note, nor the liability of any person borrowing any sum of money as aforesaid, be affected, by reason of any statute or law in force for the prevention of usury; nor shall any person or persons or body corporate drawing, accepting, indorsing, or signing any such bill or note, or lending or advancing or forbearing any money as aforesaid, or taking more than the present rate of legal interest, in Great Britain and Ireland respectively, for the loan or forbearance of money as aforesaid, be subject to any penalties under any statute or law relating to usury, or any other penalty or forfeiture; anything in any law or statute relating to usury, or any other law whatsoever in force in any part of the United Kingdom, to the contrary notwithstanding: provided always, that nothing herein contained shall extend to the loan or forbearance of any money upon security of any lands, tenements or hereditaments, or any estate or interest therein. II. Provided always, and be it enacted, that nothing in this act contained shall be construed to enable any person or persons to claim, in any court of law or equity, more than five per cent. interest on any account or on any contract or engagement, notwithstanding they may be relieved from the penalties against usury, unless it shall appear to the Court that any different rate of interest was agreed to between the parties. Five per cent. to be considered the terest, except, &c. legal rate of in law as to pawnbrokers. III. Provided always, and be it enacted, that nothing herein Not to affect the contained shall extend or be construed to extend to repeal or affect any statute relating to pawnbrokers, but that all laws touching and concerning pawnbrokers shall remain in full force and effect, to all intents and purposes whatsoever, as if this act had not been passed. IV. And be it enacted, that this act shall continue in force Continuance of until the first day of January, one thousand eight hundred and act. forty-two. V. And be it enacted, that this act may be amended or repealed Act may be by any act to be passed in this session of parliament. [Continued by the 3 & 4 Vict. c. 83; 4 & 5 Vict. c. 54; 6 & 7 Vict. c. 45; 8 & 9 Vict. c. 102, and by 13 § 14 Vict. c. 56, to the 1st January, 1856.] amended, &c. 7 & 8 Vict. c. 32. [7 & 8 Vict. c. 32.] An Act to regulate the Issue of Bank Notes, and for giving to the Governor and Company of the Bank of England certain Privileges for a limited Period. [19th July, 1844.] IV. And be it enacted, that from and after the thirty-first day of August, one thousand eight hundred and forty-four, all persons shall be entitled to demand, from the Issue Department of the issue department Bank of England, Bank of England notes in exchange for gold All persons may demand of the notes for gold bullion. No new bank . of issue. Restriction against issue of bank notes. Bankers ceasing to issue notes may not resume. bullion at the rate of three pounds seventeen shillings and ninepence per ounce of standard gold: provided always, that the said governor and company shall in all cases be entitled to require such gold bullion to be melted and assayed by persons approved by the said governor and company at the expense of the parties tendering such gold bullion. X. And be it enacted, that, from and after the passing of this act, no person other than a banker who, on the sixth day of May, one thousand eight hundred and forty-four, was lawfully issuing his own bank notes shall make or issue bank notes in any part of the United Kingdom. XI. And be it enacted, that from and after the passing of this act it shall not be lawful for any banker to draw, accept, make or issue, in England or Wales, any bill of exchange or promissory note or engagement for the payment of money payable to bearer on demand, or to borrow, owe, or take up, in England or Wales, any sums or sum of money on the bills or notes of such banker payable to bearer on demand, save and except that it shall be lawful for any banker who was on the sixth day of May, one thousand eight hundred and forty-four, carrying on the business of a banker in England or Wales, and was then lawfully issuing, in England or Wales, his own bank notes, under the authority of a licence to that effect, to continue to issue such notes to the extent and under the conditions hereinafter mentioned, but not further or otherwise; and the right of any company or partnership to continue to issue such notes shall not be in any manner prejudiced or affected by any change which may hereafter take place in the personal composition of such company or partnership, either by the transfer of any shares or share therein, or by the admission of any new partner or member thereto, or by the retirement of any present partner or member therefrom: provided always, that it shall not be lawful for any company or partnership now consisting of only six or less than six persons to issue bank notes at any time after the number of partners therein shall exceed six in the whole. XII. And be it enacted, that if any banker, in any part of the United Kingdom, who after the passing of this act shall be entitled to issue bank notes shall become bankrupt or shall cease to carry |