son to convey. appoint a Per- Tenements, Hereditaments or Property, or Estate or Interest, to the Person or Persons entitled thereto, or as such Person or Persons shall direct, or to a new Trustee or Trustees duly appointed by virtue of some Power or Authority, or by the said Court of Chancery or Exchequer, either alone or together with any continuing Trustee or Trustees, as Occasion shall require, then and in every or any such Case, it shall be lawful for such Court of Chancery or Exchequer to appoint such Person or Persons as to such Court shall seem meet, on behalf and in the Name or Names of the Person or Persons seised or possessed as aforesaid, to convey, surrender, release, assign or otherwise assure such Lands, Tenements, Hereditaments or Property, or Estate or Interest, to such Person or Persons, and in such Manner as such Court shall think proper and direct; and every such Conveyance, Release, Surrender, Assignment or Assurance shall be as valid and effectual to all Intents and Purposes, as if the Person or Persons being out of the Jurisdiction or not amenable to the Process of such Courts, or not known to be alive, or having refused, had, by himself, herself or themselves, executed the same. Court of Chancery or Exche quer may appoint Persons to transfer Stock in the Bank of Ireland, &c. II. And be it further enacted, That when and so often as any Stocks, Funds, Annuities or Securities transferable in the Books of the Governor and Company of the Bank of Ireland, or of any other Company or Society established or to be established in Ireland, shall be standing in the Name of or otherwise vested in any Person or Persons, as a Trustee or Trustees, or the legal personal Representative of a Trustee or Trustees, who shall be out of the Jurisdiction of or not amenable to the Process of the Court of Chancery or Exchequer in Ireland, or it shall be unknown or uncertain whether such Person or Persons be living or dead, or such Person or Persons shall refuse to transfer such Stocks, Funds, Annuities or Securities, or to receive and pay over the Dividends thereof to the Person or Persons entitled thereto or as such Person or Persons shall direct, or to a new Trustee or Trustees, duly appointed by virtue of some Power or Authority, or by the said Court of Chancery or Exchequer, either alone or together with any continuing Trustee or Trustees (as Occasion shall require), then and in every such Case it shall be lawful for the said Court of Chancery or Exchequer to appoint such Person or Persons as to such Court shall seem meet, being an Officer of such Company or Society, to transfer or join with the other Trustee or Trustees, or Representative or Representatives (if any), in transferring such Stocks, Funds, Annuities or Securities to or into the Name or Names of such Person or Persons, and in such Manner as such Court of Chancery or Exchequer shall think proper and direct; and also to order any Person or Persons appointed as aforesaid to receive and pay over the Interest, Dividends or Annual Produce of such Stocks, Funds, Annuities and Securities, in such Manner as such Court of Chancery or Exchequer shall direct; and every such Transfer, Receipt and Payment shall be as valid and effectual as if the Trustee or Trustees, Representative or Representatives, had, by himself, herself or themselves, transferred, received and paid such Stocks, Funds, Annuities or Securities, or Interest, Dividends and Annual Produce. III. And III. And be it further enacted, That every Direction, Order or Appointment to be made in pursuance of this Act, by the Court of Chancery or Exchequer, shall be signified by an Order to be made upon the Petition of such Person or Persons as hereinafter is mentioned; (that is to say,) if the same shall relate to a Conveyance or other Assurance or Transfer to any Person or Persons beneficially entitled, then upon the Petition of the Person or Persons beneficially entitled to the Lands, Tenements, Hereditaments, Stocks, Funds, Annuities, Securities or Property, or Estate or Interest, to be conveyed, assured or transferred; and if the same shall relate to a Conveyance or other Assurance or Transfer, in order to vest any Lands, Rents, Hereditaments, Property, Stocks, Funds, Annuities or Securities, in a new Trustee or Trustees duly appointed by virtue of some Power or Authority, or by the Court of Chancery or Exchequer, either alone or together with any continuing Trustee or Trustees, then upon the Petition of the Trustee or Trustees in whom the same shall be proposed to be vested, or some or One of them; and if the same shall relate to the Conveyance or other Assurance of an Estate in Mortgage, then upon the Petition of the Person or Persons entitled to the Equity of Redemption thereof, or some or One of the Person or Persons entitled to the Monies thereby secured, or some or One of the Guardian or Guardians of the Person or Persons entitled to such Monies, if an Infant or Infants. IV. And be it further enacted, That every Person who shall be appointed by virtue of this Act, shall and may be empowered and compelled, by the Order to be obtained as hereinbefore is mentioned, to make such Conveyance or Conveyances, or other Assurance or Assurances, or Transfer or Transfers, or Payment or Payments as aforesaid, in like Manner as Trustees of full Age and of sane Mind, Memory and Understanding, are compellable to convey or otherwise assure or transfer and pay over their Trust Estates or Funds. V. And be it further enacted, That the several Provisions hereinbefore contained shall extend and be construed to extend to Cases in which a Trustee or Trustees may have some beneficial Estate or Interest in the Lands, Tenements, Hereditaments, Property, Stocks, Funds, Annuities or Securities vested in him, her or them as aforesaid, and also to Cases in which the Trustee or Trustees may have some Duty or Duties to perform, so as to enable Conveyances and other Transfers to be made, in order to vest any Lands, Tenements, Hereditaments, Property, Stocks, Funds, Annuities or Securities, in a new Trustee or Trustees duly appointed in the Place of such Trustee or Trustees, by virtue of some Power or Authority, or by the Court of Chancery or Exchequer in Ireland, either alone or jointly with any continuing Trustee or Trustees, as the Casc may require. VI. And be it further enacted, That the Provisions hereinbefore contained shall extend and be construed to extend to all Cases of Petitions in which the Court of Chancery or the Court of Exchequer in Ireland are by Law authorized and empowered to grant Relief and make summary Orders without Suit, either in Matters of Charity, or relative to or for the better Security, or for the Application, Receipt, Payment or Transfer of any of the Funds thereof, Indemnity to the Bank and other Companies. Costs may be directed to be paid. Indemnity as herein men tioned to Per sons who shall have paid Duties within Six Months after Execution of Indentures to serve as Clerks to Attornies, thereof, or in Matters relative to any Benefit or Friendly Societies, or for the better Security, or for the Application, Receipt, Payment or Transfer of any of the Funds thereof. VII. And be it further enacted, That this Act shall be and is hereby declared to be a full and complete Indemnity and Discharge to the Governor and Company of the Bank of Ireland, and all other Companies and Societies, and their Officers and Servants, for all Acts and Things done or permitted to be done pursuant thereto; and that such Acts and Things shall not be questioned or impeached in any Court of Law or Equity to their Prejudice or Detriment. VIII. And be it further enacted, That the Court of Chancery or Exchequer in Ireland may order the Costs, Charges and Expences of and relating to the Petitions, Orders, Appointments, Conveyances or other Assurances and Transfers to be made in pursuance of this Act or any of them, to be paid and raised out of or from the Lands, Tenements and Hereditaments, Stocks, Funds, Annuities and Securities, or the Rents, Issues, Dividends and Annual Produce, in respect of which the same respectively shall be made, in such Manner as such Court shall think proper. CAP. XLIV. An Act to allow, until the Tenth Day of October One thousand HEREAS many Persons who may have paid the proper the Execution of the Contracts in Writing entered into by them to serve as Clerks to Attornies or Solicitors, Scriveners or Notaries Public, in Great Britain, have omitted to cause Affi davits to be made, and afterwards to be filed in the proper Office, of the actual Execution of such Contracts, and the Indentures thereof to be enrolled within the Time in which the same ought to have been done, and many Infants and others may thereby incur certain Disabilities:' For preventing thereof, and relieving such Persons, 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 assem bled, and by the Authority of the same, That every Person who shall have, either before or within Six Months after the Execution of such Contract or Indenture, paid the proper Stamp Duty in that Behalf, and who at the passing of this Act shall have neglected or omitted to cause any such Affidavit or Affidavits as aforesaid to be made and filed, or such Contract or Indenture to be enrolled, and who on or before the Tenth Day of October One thousand eight hundred and twenty six shall cause such Contract or Indenture to be enrolled with the proper Qfficer in that Behalf, and One to be filed. One or more Affidavit or Affidavits to be made, and afterwards to but shall have be filed, in such Manner as the same ought to have been made neglected to and filed, in due Time, shall be and is hereby indemnified, freed cause the necesand discharged from and against all Penalties, Forfeitures, In- sary Affidavits capacities and Disabilities, in or by any Act or Acts of Parliament mentioned, and incurred or to be incurred for or by reason of such Neglect or Omission; and every such Affidavit and Affidavits so to be made, and which shall be duly filed on or before the said Tenth Day of October next, shall be as effectual to all Intents and Purposes as if the same had been made and filed within the respective Times the same ought, by the Laws now in being for that Purpose, to have been made and filed; and it shall be lawful for the respective Officer or Officers who ought to receive, enrol, register, make and file every such Contract or Indenture and Affidavit respectively, and such Officer or Officers respectively are hereby authorized and required to receive, enrol and register, and to make and file every such Contract, Indenture or Affidavit respectively, at any Time on or before the said Tenth Day of October next; any Thing in any Act or Acts to the contrary in anywise notwithstanding. II. And be it further enacted, That in case any Action, Suit, Bill of Indictment or Information, shall, from and after the passing of this Act, be brought, carried on or prosecuted against any Person or Persons hereby meant or intended to be indemnified, recapacitated or restored, for or on account of any Forfeiture,' Penalty, Incapacity or Disability whatsoever, incurred, or to be incurred by any such Neglect or Omission to enrol such Contracts' or Indentures as aforesaid, such Person or Persons may plead the General Issue, and upon their Defence give this Act and the Special Matter in evidence upon any Trial to be had thereupon. Persons indem nified may neral Issue. plead the Ge Attornies, &c. who may have omitted to take III. And Whereas many Solicitors, Attornies, Writers to the Signet, Notaries, Proctors, Agents, Procurators and others in • Great Britain, may have omitted to take out Annual Certificates, or to enter the same in the proper Office or Offices within the • Time in which the same ought to have been done, by means whereof such Persons are rendered incapable to maintain or pro'secute any Action or Suit in any Court of Law or Equity for the Recovery of any Fees or Disbursements on account of Business done without such Certificate:' For relieving such Persons, be it enacted, That every Person in Great Britain, who shall have neglected to take out a Certificate at the Time and in the Manner by Law directed, and who at the Time of the passing of this Act, or before the Tenth Day of October One thousand eight hundred and twenty six, shall have regularly obtained a proper Certificate, rendered capaduly stamped, shall be and is hereby rendered capable to maintain ble in certain or prosecute any Action or Suit in any Court of Law or Equity Cases of suing for the recovering of any Fee, Reward or Disbursement, on ac- for Fees, &c. count of prosecuting, carrying on or defending any Action, Suit ing 37 G.3. or Proceeding, or any Matter or Thing relating thereto, without c.90. § 30. a proper Certificate; any Thing in an Act made in the Thirty seventh Year of the Reign of His late Majesty King George the Third, intituled An Act for granting to His Majesty certain Stamp Duties on the several Matters therein mentioned, and for better securing the Duties on Certificates to be taken out by Solicitors, Attornies out annual Certificates notwithstand Commissioners of Stamps pro hibited from stamping any Articles of Clerkship, &c. after Six Months from the Date thereof. 1 & 2 G.4. c.48. § 1. Proviso for Persons who have taken a Degree at Oxford, Cam bridge or Dublin, previous to the passing of recited Act, and have since duly served as a Clerk for Three Years. Attornies and others, practising in certain Courts of Justice in Great Britain, or in any other Act or Acts to the contrary in anywise notwithstanding. IV. And be it further enacted, That it shall not be lawful for the Commissioners of Stamps, or any of their Officers to stamp, under any Pretence whatever, after the Expiration of Six Months from the Date thereof, any Vellum, Parchment or Paper, upon which shall be ingrossed, printed or written any Articles of Clerkship, Contract, Indenture or other Instrument whereby any Person shall become bound to serve as a Clerk or Apprentice, in order to his Admission as a Solicitor, Attorney, Proctor, Writer to the Signet, Agent or Procurator, in any of the Courts of Law or Equity, or the High Courts of Admiralty, or any Ecclesiastical Court, or the Courts of Session, Justiciary, Exchequer, Commission of Teinds, or the Commissary Court, or any inferior Court in Great Britain. 'V. And Whereas by an Act passed in the First and Second Years of the Reign of His present Majesty, intituled An Act to ' amend the several Acts for the Regulation of Attornies and Soli'citors, it was enacted that certain Persons in the said Act mentioned, who had taken certain Degrees therein also mentioned at either of the Universities of Oxford, Cambridge or Dublin, should, after a Service of Three Years to a Solicitor or Attorney in the Manner by the said Act directed, be qualified to be ad'mitted and inrolled an Attorney or Solicitor in the several Courts of Law or Equity; provided such Persons should have taken their Degree of Bachelor of Arts within Six Years next after their Matriculation at such Universities, or Bachelor of Law within Eight Years after their Matriculation at such Universities: And Whereas it is expedient that such Proviso should not apply to such Persons who had taken such Degrees previous to the passing of the said Act;' Be it enacted, That every Person who shall have taken his Degree of Bachelor of Arts or Bachelor of Law at either of the said Universities, previous to the passing of the said recited Act, and who since the passing thereof shall have duly served as a Clerk, by Contract in Writing, duly stamped at or before the signing thereof, or within Six Months afterwards, to an Attorney or Solicitor, for the Term of three Years, as by the said recited Act is directed, shall be qualified to be sworn and to be admitted and enrolled as an Attorney or Solicitor respectively, according to the Nature of his Service, in the several and respective superior Courts of Law or Equity at Westminster, as fully and effectually, to all Intents and Purposes, as any Person having been bound and having served Five Years is qualified to be sworn and to be admitted or enrolled an Attorney or Solicitor under or by virtue of any Act or Acts now in force for the Regulation of Attornies or Solicitors in England; any Thing in the said Acts or any of them to the contrary thereof in anywise notwithstanding. CAP. |