Interest on Bills charged on Supplies to be current in Payment of Public Revenue after Twelve Calendar Months from their Dates. Bank of Eng land may advance 17,946,500l. on the Credit of Bills, notwithstanding 5&6 W. & M. c. 20. 11 Vict. c. 1. 11 VICT. upon and shall be paid out of any Supplies to be granted in the next Session of Parliament. V. And be it enacted, That the Exchequer Bills to be made out in pursuance of this Act shall bear Date on the Days on which the same shall be respectively issued, and shall bear an Interest not exceeding the Rate of Three-pence Halfpenny per Centum per Diem in respect of the whole of the Monies respectively contained therein, payable out of any Aids or Supplies in the Bank of England standing to the Credit of the Exchequer. VI. And be it enacted, That all the Exchequer Bills to be made out by virtue of this Act, or so many of them as shall from Time to Time remain undischarged and uncancelled, shall, after Twelve Calendar Months from their respective Dates, be taken and shall pass and be current to all the Receivers and Collectors in Great Britain of the Customs, Excise, or any Revenue, Supply, Aid, or Tax whatsoever already granted or payable, or which shall hereafter be granted or payable to Her Majesty, Her Heirs and Successors, and also at the Bank of England to the Account of Her Majesty's Exchequer, from the said Receivers or Collectors, or from any other Person or Persons, Bodies Politic or Corporate whatsoever, making any Payment there to Her Majesty, Her Heirs and Successors, upon any Account whatever. VII. And be it declared and enacted, That it shall be lawful for the Governor and Company of the Bank of England to advance or lend to Her Majesty, upon the Credit of the Exchequer Bills to be made out in pursuance of this Act any Sum or Sums of Money not exceeding in the whole the Sum of Seventeen millions nine hundred and forty-six thousand five hundred Pounds; any thing in an Act passed in the Fifth and Sixth Years of the Reign of King William and Queen Mary, intituled An Act for granting to Their Majesties several Rates and Duties upon Tonnage of Ships and Vessels, and upon Beer, Ale, and other Liquors; and for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Sum of One million five hundred thousand Pounds towards carrying on the War against France, or in any subsequent Act, to the contrary thereof in anywise notwithstanding. CAP. XVII. An Act to amend the Act of the present Session to facilitate the Completion of Public Works in Ireland. [22d April 1848.] WHEREAS by an Act passed in the present Session of Parliament, intituled An Act to facilitate the Completion, in certain Cases, of Public Works in Ireland, certain Returns for the Purposes of the said Act are directed to be made at the then ensuing Spring Assizes, and under the said recited Act and the Acts incorporated therewith certain Presentments and Proceedings are to be made and taken at the same Assizes: And whereas it is expedient that the Time for Proceedings might be done at the Spring Assizes, may be done in like Summer Assizes of this Proceedings under 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 the several Returns, Special Proceedings Sessions, Presentments, and Proceedings which, under the Pro- which under visions of the said recited Act, should or might be made, held, the recited Act or taken previous to or at the Spring Assizes in the Year One thousand eight hundred and forty-eight, shall and may be made, held, and taken in like Manner previous to or at the Summer Assizes of the same Year, notwithstanding any Special Sessions or Proceedings that may have been previously held or taken under the said recited Act; and that all the Powers and Provisions of the said recited Act shall extend and apply to the said Summer Assizes, and to any Grand Jury empannelled thereat, and to the Returns, Presentments, Matters, and Things to be made or done thereat, or previously or subsequently thereto, as fully and effectually as to the said Spring Assizes, or to any Grand Jury empannelled thereat, or to the Returns, Presentments, Matters, and Things to be made or done thereat, or previously or subsequently thereto. Manner at the for the County II. And whereas it is by the said recited Act amongst other Time for holdthings enacted, that in certain Cases therein mentioned the ing Present'Secretary of the Grand Jury of any County shall, by Notice ment Sessions under his Hand, convene a Special Presentment Sessions for extended. the County, to be holden at such Time as shall be specified in such Notice, not being sooner than Seven Days from the Time of posting such Notice nor later than Six Weeks after 'the First Special Presentment Sessions shall have been held for any Barony or Half Barony within such County under the Provisions of the said Act;' be it enacted, That any such Special Presentment Sessions for the County shall and may, in the like Cases as in the said Act provided for the holding of such Sessions, notwithstanding any such Special Sessions that may have been previously held under the said recited Act, be convened by the Secretary of the Grand Jury by Notice under his Hand, to be holden in the County Court House, for the Purposes of the said Act and this Act, at such Time as shall be specified in such Notice, not being sooner than Seven Days from the Time of posting such Notice nor later than Six Weeks after the First Special Presentment Sessions shall have been held after the passing of this Act for any Barony or Half Barony of such County, for the Purposes of the said recited Act and this Act, and subject to like Provisions. III. And be it declared and enacted, That any Sessions As to Adjournholden under the Provisions of the said recited Act and this ment of Sessions held Act may be continued from Day to Day, or may be adjourned, under recited as shall be found expedient or necessary: Provided always, that Act and this within Thirty Days from the Termination of such adjourned or Act. continued Sessions the adjourned Sessions for the opening of sealed Tenders and Proposals, as in the said recited Act mentioned, may be holden for the Purposes in the said Act mentioned. IV. And Recited Act and this construed as one. Act may be amended, &c. 7 & 8 Vict. c. 103. IV. And be it enacted, That the said recited Act and this Act shall be construed together as One Act. V. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. CAP. XVIII. An Act to remove certain Doubts as to the Law for the Trial of controverted Elections. [5th May 1848.] WHEREAS Petitions have been presented in several Cases to the House of Commons, complaining of an undue Election or Return of a Member or Members to serve in Parliament: And whereas such Petitions are endorsed by a • Certificate under the Hand of the Examiner of Recognizances, to the Effect that the Recognizances required by an Act passed in the Eighth Year of the Reign of Her present Majesty, intituled An Act to amend the Laws for the Trial of 'controverted Elections of Members to serve in Parliament, have been entered into and received by him, with the Affidavits thereunto annexed: And whereas in some of such Cases Doubts have been entertained as to the Validity of the Recognizances so entered into as aforesaid: And whereas in 6 some of the Cases wherein such Doubts have been entertained as aforesaid other Petitions have also been presented from the sitting Member or Members, complaining of the Invalidity of the Recognizances entered into in pursuance of the said recited Act, and praying for Relief in the Premises: And whereas it is desirable that the Doubts herein-before ⚫ mentioned should be put an end to, and that a Mode of proceeding should be prescribed with respect to the Determination of the several before-mentioned Petitions:' 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 Sitting Mem- by the Authority of the same, That in all Cases of Election hers may, in all Petitions which shall have been presented before the First of March in the present Year, and which shall after the passing of this Act be tried during the present Session of Parliament, it shall be lawful for all and every the sitting Members and Member against whose Return any such Petition shall have Recognizance, been presented, by themselves or himself, or their or his Agents or Agent, to deliver in to the Clerk of the General Committee of Elections, not later than Six of the Clock in the Afternoon on the Sixth Day next before the Day appointed for choosing the Committee to try the Petition complaining of such Election or Return, Notice in Writing that a preliminary Objection will be made before such Select Committee to the Form or Substance of the Recognizance or Recognizances entered into by or on behalf of the Petitioner or Petitioners against such Return, provided that the Ground or Grounds of such Objection be not such as would, under the said recited Act, have entitled any sitting Member petitioned against to object to the Sureties or Cases of Election Petitions presented before the 1st of March, object to the on Grounds omitted to be specified in recited Act. any any of them who shall have entered into such Recognizance or Recognizances, and that the Grounds of Objection be stated in such Notice. Return. zances be II. And be it enacted, That in all Cases in which such Select CommitNotice of Objection shall have been delivered in as aforesaid tee appointed to try Election the Select Committee chosen to try the Election Petition or Petition shall Election Petitions to which such Notice relates shall in the inquire first first instance inquire into and decide upon such preliminary into such preObjection; and such Select Committee shall have, for the Pur-iminary Objection, and if pose of such Inquiry and Decision, all the Powers given to Recognizance Select Committees by the said recited Act for the Purpose of be good proceed to try the trying the Merits of the Return or Election petitioned against; Merits of the and if such Select Committee shall be of opinion that such Recognizance or Recognizances is or are good and valid for all the Intents and Purposes of the said recited Act, such Committee shall decide that the same is or are good, and shall thereafter proceed to try the Merits of the Return or Election the Petition relating to which shall have been referred to them; and if such If RecogniCommittee shall be of opinion that the Recognizance or Recog- invalid through nizances objected to are void, and that such Invalidity is in any Neglect of Petidegree attributable to the Neglect or Laches of the Petitioner tioners, no furor Petitioners, or the Party or Parties entering into such Re- ther Proceedings to be had cognizance or Recognizances, or their or any of their Agents, on Petition. then the Committee shall report to the House accordingly, and no further Proceeding shall be had upon such Petition or Petitions, and the Order referring the same to such Select Committee shall be discharged; and if such Select Committee shall be of If Recogni opinion that such Recognizance or Recognizances are void, as zances be void, but not through herein-before mentioned, but that any such Invalidity as afore- the Neglect of said is in no degree attributable to the Neglect or Laches of the the Petitioners, Petitioner or Petitioners, or of the Party or Parties entering or if of doubt. into such Recognizance or Recognizances, or their or any of Committee their Agents, or shall be of opinion that the Validity of such may amend Recognizance or Recognizances is doubtful, or that any Party the same, or for whose Security such Recognizance or Recognizances was or enter into new were intended might be embarrassed in enforcing the same, then Recognizances the Committee shall (as the Case may be) decide accordingly, and in either Case that such Recognizance or Recognizances may be amended; and thereupon, if the Person or Persons who shall have entered into such Recognizance or Recognizances, or the Survivors or Survivor of them, shall consent thereto, in Writing signed by his or their Hand or Hands, the Committee shall forthwith, by their Chairman, amend such Recognizance or Recognizances, by making the same conformable to the Form of Recognizance contained in the Schedule to the said recited Act, and the Chairman shall write in the Margin of the same, against every Amendment, the Words "amended by Committee," and shall sign his Name to such Words; or it shall be lawful for the Petitioner or Petitioners forthwith, before the Examiner of Recognizances who shall for that Purpose attend the Committee, to enter into a new Recognizance or new Recognizances, with sufficient Sureties, (as required by the said recited ful Effect, Petitioners may Amended or new Recogni zances to have the same Effect as when originally entered into, and the Decision of the Committee, that the same is good, to be final. Recited Act and this Act to be read as one. Act may be recited Act,) previously approved of by the Committee, who shall have, for the Purpose of inquiring into the Sufficiency of such Sureties, all the said Powers given to Select Committees by the said recited Act, and the Committee shall also be satisfied that the new Recognizance or Recognizances is or are in due Form and valid; and the Committee, having made such Amendment, or being satisfied with such new Recognizance or Recognizances, shall decide that the Recognizance or Recognizances so amended or newly entered into is or are good, and shall proceed to try the Merits of the Return or Election as aforesaid; but if the Person or Persons who shall have entered into such Recognizance or Recognizances shall not consent in manner aforesaid to such Amendment, and if no new Recognizance or Recognizances shall be entered into as aforesaid, the Committee shall report to the House that such Recognizance or Recognizances ought to be amended, or new Recognizances entered into, but that the Parties have not consented to such Amendment or entered into new Recognizances, and thereupon no further Proceedings shall be had upon the Petition referred to such Committee, and the Order referring the same to them shall be discharged. III. And be it enacted, That all and every Recognizances and Recognizance which shall be amended by any Select Committee shall after such Amendment have, and shall be held and taken in all Courts to have had, from the Time when the same were or was entered into, the same Force and Effect for all Intents and Purposes whatsoever as if the same when entered into had been in the Words and Figures in which the same shall be when so amended as aforesaid; and the marginal Words "amended by Committee," written against any Amendment in the same, and appearing to be signed as aforesaid, shall be Evidence in all Courts that such Amendment was duly made, and such marginal Words duly signed, under the Authority of this Act; and any new Recognizance or Recognizances which shall be entered into under the Authority of this Act shall have, and shall be taken to have had from before the receiving of the Petition to which the same shall relate, the same Force and Effect to all Intents and Purposes as if the same had been duly entered into under the said recited Act before the receiving of such Petition, and as if the Examiner of Recognizances had reported to the Speaker that the Sureties entering into the same are unobjectionable; and the Decision of every Select Committee that any Recognizance or Recognizances, or that any amended Recognizance or Recognizances, is or are good, shall be final and conclusive against all Parties, and the Validity of any such Recognizance or Recognizances shall not be called in question in any Court upon any Ground or Pretence whatever. IV. And be it enacted, That the said recited Act and this Act shall be read and construed together as One Act. V. And be it enacted, That this Act may be amended or amended, &c. repealed by any Act to be passed in this Session of Parliament. CAP. |