Page images
PDF
EPUB

sive, shall be adopted by the court of exchequer, which court shall, for No. I. the purposes of this act, draw upon the suitor's fund of that court. 1 W. 4, c. 36.

XX. That the powers and authorities contained in such last-mentioned rules, and given by this act to the lord chancellor, shall and may be Powers conexercised in like manner by, and are hereby given to his Majesty's tained in such court of exchequer, and may be exercised by the said court, or by the last-mentioned lord chief baron thereof; but such periodical visits only to be made to rules extended the Fleet prison, in regard to prisoners for contempt of the said court, to the court of as the lord chief baron shall direct, and by such officer or officers of the

exchequer. court as he shall nominate.

XXI. That wherever this act, in describing or referring to any per- Rule for the son, or any conveyance, transfer, matter, or thing, uses the word im- interpretation porting the singular number or the masculine gender only, the same of this act. shall be understood to include and shall be applied to several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, and several conveyances, transfers, matters, or things respectively, as well as one conveyance, transfer, matter, or thing respectively, unless there be something in the subject or context repugnant to such construction.

[No. II.] 11 G. IV. & 1 W. IV. c. 60.--An Act for

amending the Laws respecting Conveyances and Transfers of Estates and Funds vested in Trustees and Mortgagees; and for enabling Courts of Equity to give effect to their Decrees and Orders in certain cases.

[See this act, ante, Part II., Class I., p. 93.]

[No. III.] 2W. IV. c. 33.–An Act to effectuate the Service

of Process issuing from the Courts of Chancery and Exchequer in England and Ireland respectively (1).

[23rd May 1832.) WHEREAS great inconvenience and delays of justice arise from the

defect of jurisdiction in courts of equity to effectuate the service of their process in such parts of the united kingdom of Great Britain and Ireland as are not within the jurisdiction of the said respective courts ; for remedy whereof be it enacted, &c., That from and after the passing Courts of chanof this act it shall and may be lawful for the courts of chancery and of

cery and ex. exchequer in England respectively, if they shall so think fit, upon spe- chequer of cial motion of the complainant or complainants in any suit which has England, in been or shall be instituted in such courts respectively, concerning lands suits concernor tenements or hereditaments situate or being within that part of the ing lands, &c. united kingdom called England or Wales, to order and direct that ser- in England emvice in any part of the united kingdom of Great Britain and Ireland and powered to diin the Isle of Man respectively, of any subpæna or subpænas, (2) letter Tect process to missive or letters missive, and of all subsequent process to be had

be served in thereon, upon any defendant or defendants in such suit then residing

in the united king

other parts of such part of the said united kingdom or Isle of Man in which he, she, dom. or they shall be so served, shall be deemed good service of or be made upon such defendant or defendants, upon such terms and in such man

(1) See 4 & 5 W. 4, c. 82, amending and extending this act, post.

The above statute, and the 4 and 5 W. 4, c. 82, extend to Scotland; Cameron v. Cameron, 2 Mylne and K., 289.

(2) Where a defendant resident in Scotland has been served with a subpæna under this act, person al notice must be given to him of a motion for any subsequent process; Hasluck v. Stewart, 6 Simons, 321.

direct process

No. III. ner and at such time as to such courts respectively shall seem reason2 W. 4, c. 33. able ; and that thereupon it shall and may be lawful for such courts res.

pectively to proceed upon such service so made as aforesaid as fully and as effectually as if the same had been duly made within the jurisdictions

of such courts respectively. Courts of chan. II. That it shall and may be lawful for the courts of chancery and of cery and exche- exchequer in Ireland respectively, if they shall so think fit, upon special quer of Ireland, motion of the complainant or complainants in any suit which has been in suits con- or shall be instituted in such courts respectively, concerning lands or cerning lands, tenemenis or hereditaments situate or being within that part of the &c. in Ireland, united kingdom called Ireland, to order and direct that service in any empowered to

part of the united kingdom of Great Britain and Ireland and in the Isle to be served in of Man respectively, of any subpæna or subpænas, letter missive or letother parts of ters missive, and of all subsequent process to be had thereupon, upon the united king- any defendant or defendants in such suit then residing in such part of dom,

the said united kingdom or Isle of Man in which he, she, or they shall be so served, shall be deemed good service of or be made upon such defendant or defendants, upon such terms and in such manner and at such time as to such courts respectively shall seem reasonable; and that thereupon it shall and may be lawful for such courts respectively to proceed upon such service so made as aforesaid as fully and as effectually as if the same had been duly made within the jurisdiction of such

courts respectively. With subpæna

III. Provided always, That along with such subpæna or letter missive served under served under any such order as aforesaid of the said courts of chancery this act a copy and of exchequer of England and of Ireland respectively, a copy of the of the prayer of

prayer of such complainant's bill shall be served upon every such dethe bill to be served ; and no

fendant; and provided also, That no process of contempt shall be enprocess of con

tered upon any such proceedings as herein-before mentioned, nor any tempt to be en

decree made absolute in any of the said courts in England or Ireland tered without respectively, without the special order of such court, upon special mospecial order. tion made for such purpose : Provided also, That nothing in this act

shall be held to make it compulsory upon the complainant or complainants in any suit in any of the said respective courts to serve with process or bring before such courts respectively any party or parties, person or persons, further or otherwise than such complainant or complainants are now by law or the practice of such courts respectively required to do.

[No. IV.) 2 W. IV. c. 58.-An Act to extend the Provisions

of an Act of the First Year of the Reign of His present Majesty, for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro confesso; and to explain certain parts thereof.

[23d June 1832.] 1 W.4, c. 36. WHEREAS by an act passed in the first year of the reign of his present

Majesty, intituled An Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro Confesso, it is amongst other things enacted, that the discharge

of any prisoner adjudicated upon under the authority of an act passed 7 G. 4, c. 57. in the seventh year of his present Majesty's reign, intituled An Act to

amend and consolidate the Laws for the Relief of Insolvent Debtors in England, or any other act which may hereafter be passed for the relief of insolvent debtors, shall and may extend to all process issuing from any court of equity for any contempt of such court for nonpayment of money, or of costs, charges, or expences in any such court; and that in such case the said discharge shall be deemed to extend to all costs which such prisoner shall be liable to pay in consequence or by reason of such contempt, or on purging the same; and that every discharge so adjudicated as aforesaid, as to any debt or damages of any creditor of

such prisoner, shall be deemed to extend also to all costs incurred by No. IV. such creditor before the filing of such prisoner's schedule, in any action 2 W. 4, C. 58. or suit brought by such creditor against such prisoner for the purpose, for the recovery of the same ;' and that all persons as to whose demands for any such costs, money, or expences any such person shall be so ad. judged to be discharged, shall be deemed and taken to be the creditors of such prisoner in respect thereof, and entitled to the benefits of all the provisions made for creditors by the said act or any future act, subject nevertheless to such ascertaining of the amount of the said demands as may be had by taxation or otherwise, and to such examination thereof as is in the said last-mentioned act or as shall be in any future act provided in respect of all claim to a dividend of such insolvent's estate and effects : And whereas it is expedient to extend the provisions of the said act passed in the first year of the reign of his present Majesty; be it enacted, &c., That in all cases of contempt (1) other than and besides Courts of chanthose provided for by the last-mentioned act, where any person or per- cery and exchesons are or is or shall at any time hereafter be in prison under or by quer respecreason of any commitment or attachment directed by or issued out of tively emthe court of chancery or his Majesty's court of exchequer, the court of powered to disequity by which such commitment shall have been directed or out of charge persons

committed for which such attachment shall have issued shall (upon the application of

contempt; the persons or person against whom such commitment or attachment hath been directed or issued) have the power, if it shall so think fit, to discharge such persons or person from their, his, or her contempt, ex- except as to the cept as to the costs thereof, for which costs they, he, or she shall remain costs thereof. in custody; and such costs shall be deemed within the herein-before recited provisions of the said last-mentioned act, and they, he, or she shall be discharged therefrom and from the process of contempt in like manner as is in the said last-mentioned act provided for in cases of process of contempt for non-payment of money or costs ; provided that this act shall not weaken any of the powers by the said act passed in the first year of his present Majesty given, and that nothing herein contained shall lessen the operations of the said act for the relief of insolvent debtors.

[No. V.) 2 & 3 W. IV. c. 111.--An Act to abolish certain

Sinecure Offices connected with the Court of Chancery, and to make Provision for the Lord High Chancellor on his Retirement from Office.

[15th August, 1832.] WHEREAS it is expedient that the offices herein-after mentioned

should be abolished as soon as provision can be made for the due performance of the duties thereunto belonging : Be it enacted, &c. That

Certain Offices the offices of keeper or clerk of his Majesty's hanaper, the patentee of

abolished. the subpæna office, the registrar of affidavits, the clerk of the crown in chancery, the clerk of the patents, the clerk of the custodies of lunatics and idiots, the prothonotary of the court of chancery, the chaff wax, the sealer, the clerk of the presentations, the clerk of inrollments in bankruptcy, the clerk of dispensations and faculties, and the patentee for the execution of the laws and statutes concerning bankrupts, shall utterly cease and determine from and after the twentieth day of August one thousand eight hundred and thirty-three.

II. Provided nevertheless, and it is hereby further enacted by the au, Offices not to thority aforesaid, That nothing in this act contained shall be construed determine unto determine any of the aforesaid offices now holden, in possession or til removal of

persons appointed before 1st. June.

(1) An order for the discharge of a prisoner from his contempt under this statute may be made on motion, supported by the certificate of the deputy warden of the Fleet; Hodder v, Harries, 5 Simons, 44.

No. V. reversion, by any person appointed thereio on or before the first day of 2 & 3 W.4, June last, until the decease or resignation of such person. c. 111. III. And whereas by reason of the abolition of the said offices the lord

high chancellor or lord keeper of the great seal for the time being will Annuity of be deprived of the patronage and gift of the said offices, which does of 5,0001. to lord right belong to and has been exercised by him; and it is therefore just chancellor on and equitable that more ample provision should be made for the lord resignation of high chancellor or lord keeper of the great seal on his retirement from office. office; be it therefore enacted, That it shall be lawful for his Majesty,

his heirs and successors, by any letters patent under the great seal of Great Britain, to give and grant, unto any person executing the office of lord high chancellor of Great Britain for the time being, or the office of keeper of the great seal of Great Britain, an annuity or yearly sum of money not exceeding five thousand pounds of lawful money of Great Britain, to commence and take effect immediately from and after the period whenever the person to whom such annuity or yearly sum of money shall be granted shall resign the said office of lord chancellor, or the office of keeper of the great seal of Great Britain, or be removed from the same respectively, and to continue from thenceforth for and during the natural life of the person to whom the same shall be granted as aforesaid; and such annuity or yearly rent or sum shall be issued and payable out of and be charged and chargeable upon the consolidated fund of the united kingdom of Great Britain and Ireland, after paying, or reserving sufficient to pay, all such sum or sums of money as have been directed under any former act or acts to be paid out of the same; and the said annuity or yearly rent or sum shall from time to time be paid and payable quarterly, free and clear of all taxes and deductions whatsoever, at the four usual days of payment in the year, that is to say, the fifth day of January, the fifth day of April, the fifth day of July, and the tenth day of October, in each year, by even and equal portions, the first payment to be made on such of the said days as shall next happen after such resignation as aforesaid of the said office: Provided always, That it shall be lawful for his Majesty, his heirs and successors, in and by the said letters patent, if he or they shall think fit, to limit the duration and payment of any such annuity to be granted to any person executing the said office of lord high chancellor, or the office of keeper of the great seal of Great Britain, or any part of such annuity, to such periods of time during the natural life of such person in which he shall not execute the said office of lord high chancellor, or the keeper of the great seal of Great Britain, or any other office of profit under his Majesty, his heirs or successors, so as such annuity to be granted as aforesaid, together with the salary and profits of such other office, shall together not exceed in the whole the sum of five thousand pounds; any thing contained in any act or acts to the contrary hereof in anywise notwithstanding.

[No. VI.] 2 & 3 W. 4, c. 122.-An Act for making Pro

vision for the Lord High Chancellor of England in lieu of

Fees heretofore received by him. [16th August 1832.] 58 G. 3. c 80. WHEREAS by an act made and passed in the fifty-eighth year of the

reign of king George the third, intituled An Act to provide additional Salaries to the present Clerks in the Report Office of the High Court of Chancery, and to provide additional Clerks for the said Ofice, and for makiny further Provision for the Clerks in the said Office, and of the several acts therein mentioned or referred to, divers sums of money have been, by virtue of several orders of the said court of chancery, from time to time taken out of the common and general cash belonging to the suitors of the high court of chancery which lay dead and unemployed in the bank of England, and have been placed out in the name of the accountant general of the said court on government or parlia

mentary securities, and such government or parliamentary securities No. VI. have been in pursuance of the said acts carried to an account intituled 2 & 3 W. 4, “Account of Monies placed out for the benefit and better Security of

c. 122. the Snitors of the High Court of Chancery,” and out of the dividends and interest of the securities purchased in pursuance of the said several acts several annual sums and salaries to the master of the report office, and to the registrars and entering clerks, and to their clerks, and several other payments thereby directed to be made and paid, have been from time to time made and paid; and the surplus interest and annual produce arising from the said securities beyond what was sufficient to answer the several payments thereby and by the several other acts therein mentioned or referred to directed to be made and paid, and also the interest produced from the securities purchased with such surplus interest and annual produce, have been from time to time, in pursuance of the said last-mentioned act, laid out in the purchase of government or parliamentary securities in the name of the accountant general of the said court, and placed to the credit of an account intituled “ Account of Securities purchased with surplus Interest arising from Securities carried to an Account of Monies placed out for the benefit and better Security of the Suitors of the High Court of Chancery :” And whereas by an act passed in the fifty-third year of the reign of his late Majesty 53 G. 3. c. 24. king George the third, intituled An Act to facilitate the Administration of Justice, it is enacted, That out of the common and general cash belonging to the suitors of the court of chancery, which did then or should thereafter lie dead and unemployed in the bank of England, the said court was empowered from time to time to order any sum not exceeding sixty thousand pounds to be placed out, in one sum or in parcels, in the name of the accountant general of the said court, on government or parliamentary securities, and that such securities should be carried to the said account intituled account of monies placed out for the benefit and better security of the suitors of the high court of chancery, and should be made part of the same account; and out of the interest and dividends of all or any of the securities purchased out of the said common and general cash, in pursuance of the several former acts therein mentioned or referred to, purchased and to be purchased in pursuance of the now-reciting act, there should be paid, by the governor and company of the bank of England, by virtue of any orders to be made by the said court for that purpose, amongst other yearly payments thereby directed, the net yearly sum of five thousand pounds to the vice chancellor of England for the time being; and it was thereby further enacted, That the lord chancellor, lord keeper, or lords commissioners of the great seal for the time being, should, froin the time a vice chancellor should be appointed, pursuant to the now-reciting act, out of the fees and emoluments belonging to and received in respect of the custody of the great seal or otherwise, pay or cause to be paid to the governor and company of the bank of England the net yearly sum of two thousand five hundred pounds, by quarterly payments; and that all such sums of money, when so paid, should be carried to the account of the interest and dividends of the several securities standing in the name of the accountant general therein-before mentioned or referred to, and be applied to all the purposes to which such interest and dividends then were or might be applicable : And whereas the yearly sum of five thousand pounds is now paid and payable to the lord chancellor, lord keeper or lords commissioners of the great seal, for the time being, at his Majesty's exchequer, and it is expedient that such yearly payment should from and after the fifth day of January last cease and be no longer payable : And whereas the clerk of the crown, the clerk of the letters patent, the secretary of fines, and the purse bearer to the lord chancellor, lord keeper and lords commissioners of the great seal, for the time being, or their several and respective deputies, clerks, or agents, have from time to time and do now receive various fees and emoluments which are due and of right payable for business done and

« PreviousContinue »