Court of rily restrain England, &c. ting transfer of stock, &c Sect. 4. That after the 15th October, 1841, may summa. it shall be lawful for the Court of Chancery, the Bank of on the application of any party interested by from permit- motion or petition, in a summary way, without bill filed, to restrain the Governor and Company of the Bank of England, or any other public company, whether incorporated or not, from permitting the transfer of any stock in the public funds, or any stock or shares in any public company, which may be standing in the name or names of any person or persons, or body politic or corporate, in the books of the upon motion or petition without notice, but shall be supported by an affidavit of such notice having been served, and of the address of the party or solicitor served; and that no proceeding shall be taken by any party in any suit so to be transferred as aforesaid until after the appointment of a clerk in court; and that where such appointment shall be made by the Court, the order directing the same shall contain the address of the party so making default in such appointment, or of the solicitor representing such party, in order that the clerk in court so appointed may be enabled to forward notices and other matters to such party. By the same general order, it is also ordered that so far as regards the taxation and allowance of costs in any of the suits or matters so to be transferred, and which shall not by any order of the Court of Chancery be directed to be regulated in that particular by the present practice of the Court of Exchequer, such costs shall be taxed and allowed in manner following, viz. the costs previously to the 15th October, 1841, shall be taxed and allowed according to the practice of the Court of Exchequer, and the costs from and inclusive of the said 15th October, according to the practice of the Court of Chancery. See General Order, 1841, Oct. 11th, Appendix, post. Governor and Company of the Bank of England, or in the books of any such public company, or from paying any dividend or dividends due or to become due thereon; and every order of the said Court upon such motion or petition shall specify the amount of the stock, or the particular shares to be affected thereby, and the name or names of the person or persons, body politic or corporate, in which the same shall be standing; but that the said Court shall have full power, on the application of any party interested, to discharge o vary such order, and to award such costs upon such application as to the Court shall seem fit. tringas to be the Court of according to the first sche dule to the Act. Sect. 5. That instead of the writ of distringas Writ of disheretofore issued from the Court of Exchequer, issued from a writ of distringas in the form set out in the first Chancery, schedule to the Act (a), shall, on and after the the form in 15th October, 1841, be issuable from the Court of Chancery, and sealed at the subpœna office; and that the force and effect of such writ, and the practice relating to the same, shall be such as is now in force in the Court of Exchequer ; but that such writ, and the practice relating to it, and the fees and allowances in respect thereof, shall be subject to such orders and regulations (a) Since this Act was passed, certain general orders have been issued, relative to this writ, for which see Appendix, p. 377, post. Certain funds standing in the account the Exche quer, transferred to the Queen's remembrancer. as may be made with reference to the proceedings and practice of the Court of Chancery. Sect. 6. That on the said 15th October, 1841, the name of the sum of 16147. 19s. 6d., 3 per cent. annuities, ant-general of standing in the name of the accountant-general of the Court of Exchequer, in trust in a cause depending in the same Court as a court of revenue, "The King v. Delamotte," and the sum of 3137. 1s. 9d. like annuities, standing, &c. in a cause depending in the same Court as a court of revenue," The King v. Whitworth," shall become vested in the Queen's remembrancer in the same Court, in trust to attend the orders of the said Court of Exchequer, and the several sums of cash specified in the second schedule, being cash in the Bank of England, to the account of the accountant-general of the said Court of Exchequer, in trust in the causes therein specified, shall become vested in the Queen's remembrancer of the same Court, in trust to attend the orders of the said Court of Exchequer. Stocks, &c. Sect. 7. That on the 15th of October, 1841, the of all stocks, funds, annuities, and securities what standing in name the receiver. Court of Ex chequer to be transferred general of the Soever which shall then be standing in the name of the accountant-general of the Court into the name of Exchequer, as such accountant-general, in the books of the Bank of England (except the general of the funds vested in the Queen's remembrancer), or of the ac countant Court of Chancery. in the books of any other body politic or corporate, or company whatsoever, and all such exchequer bills or other securities which at any time before the said 15th of October, 1841, shall have been transferred into, or vested in the name of, or shall be in the custody or power of the accountant-general of the Court of Exchequer, as accountant-general, and all real and personal estate, effects and property whatsoever (except as aforesaid), which shall at any time before the said 15th of October have been conveyed, assigned, or transferred, or made payable, or secured to the accountant-general of the said Court of Exchequer, as such accountant-general, and which shall not have been applied to the trusts and purposes to which the same were applicable under the order or direction of the said Court of Exchequer, shall, on the said 15th of October, become vested in the accountant-general of the Court of Chancery for the time being, in trust, to attend the orders of that Court, and may be proceeded upon by and in the name of the accountant-general of the Court of Chancery, in right of his office, as the same might have been proceeded upon by and in the name of the accountant-general of the Court of Exchequer, and shall be applicable and to be apto all such purposes as the same were respec- such purposestively applicable to, except where otherwise were respecdirected by the Act; and all such funds, &c. cable to. plicable to as the same tively appli Accountant. general of the Court of Exchequer to counts with accountant general of the Court of Chancery. shall be carried by the proper officers of the said companies to the credit of the accountantgeneral of the said Court of Chancery. Sect. 8. That the accountant-general of the Court of Exchequer shall, on the said 15th make up ac. of October, 1841, make up accounts with the accountant-general of the Court of Chancery of all stocks, funds, and securities standing in his name, and also make out a schedule of all cash, exchequer bills, bonds, mortgages, &c. deposited with him, and of all monies which shall have been paid into the Bank of England to his credit as accountant-general, and not invested in any stocks, funds, annuities, or securities, and deliver up to the accountant-general of the Court of Chancery all books and documents in his possession or power. Stocks, &c. to be entered cause wise, and the cash to become one common cash. Sect. 9. That all stocks, funds, and securities and cash, which by virtue of the Act shall become vested in the accountant-general of the Court of Chancery, shall be entered causewise in the books of such accountant-general and of the report office of the said Court of Chancery; and that the cash to be transferred to the credit of the accountant-general of the Court of Chancery by virtue of the Act, and all other cash to the like credit, shall be deemed one common and general cash, and as such shall be issued |