time may be entered into by them, although the same may now be void by reason of such spiritual persons being or having been such member or shareholders or otherwise interested as aforesaid :" 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 no such association or copartnership already formed or which may be formed at any time before the end of the next session of Parliament, nor any contract either as between the members, partners, or shareholders composing such association or copartnership for the purpose thereof, or as between such association or copartnership and other persons, heretofore entered into, or which before the end of the next session of Parliament shall be entered into, by any such association or copartnership already formed or hereafter to be formed, shall be deemed or taken to be illegal or void, or to occasion any forfeiture whatsoever, by reason only of any such spiritual person as aforesaid being or having been a member, partner, shareholder, manager, or director of or otherwise interested in the same, but all such associations and copartnerships shall have the same validity, and all such contracts shall and may be enforced in the same manner to all intents and purposes as if no such spiritual person had been or was a member, partner, shareholder, manager, or director of or interested in such association or copartnership.

II. And be it further enacted, That in all actions and suits which shall have been brought or instituted by or on behalf of any such association or copartnership, in case any defendant therein shall, before the sixth day of February, one thousand eight hundred and thirty-eight, by plea or otherwise, have insisted on the invalidity of any contract thereby sought to be enforced, by reason of any such spiritual person as aforesaid being or having been a member or shareholder in such association or copartnership, such defendant shall be entitled to the full costs of such plea or defence, to be paid by the plaintiff, and to be taxed as the Court in which the said action or suit shall be depending, on any Judge thereof, shall direct; and in order fully to indemnify such defendant, it shall be lawful for such Court or Judge to order the plaintiff to pay to him such further costs (if any) of the said action or suit as the justice of the case may require.

*III. And be it further enacted, That this act may be repealed or altered by any other act in this present session of Parliament.

[*459]

[1 & 2 Vict. c. 85.]

An Act to authorize the using in any part of the United Kingdom, Stamps denoting Duties payable in Great Britain and Ireland respectively.

[10th August, 1838.]

"Whereas under and by virtue of the laws in force separate and distinct

stamps are used for denoting the stamp duties payable in Great Britain and Ireland respectively, and it is expedient to permit stamps denoting the duties payable on deeds or instruments in either of the said parts of the United Kingdom of Great Britain and Ireland, to be used for deeds or instruments liable to stamp duties payable in the other part of the said United Kingdom" 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 any deed or instrument liable to any stamp duty payable in either part of the said United Kingdom, and for or upon which any stamp or stamps denoting a stamp duty or stamp duties payable in the other part of the United Kingdom shall have been at any time heretofore or shall be at any time hereafter used, of equal or greater amount with or than the duty or duties chargeable by law upon or in respect of such deed or instrument, shall nevertheless be deemed valid and effectual in the law: Provided always, that nothing herein contained shall extend to authorize the using of any stamp denoting any of the law, chancery, or exchequer fund duties in Ireland for any instrument other than such as is or shall be liable to the duty denoted by such stamp, nor to authorize the using for any instrument liable to any of the said last mentioned duties any stamp other than such as is or may be provided and appropriated for denoting the duty to which such last mentioned instrument is or may be liable, nor to authorize the using for any instrument any stamp specially appropriated to any other instrument by having its name on the face thereof.

An Act to amend, until the end of the next session of Parliament, the Law relative to Legal Proceedings by certain Joint Stock Banking Companies against their own Members, and by such Members against the Companies. [14th August, 1838.]

"Whereas by an act passed in the seventh year of the reign of his late Majesty King George the Fourth, intituled, An Act for the better regulating Copartnerships of certain Bankers in England, and for amending so much of an Act of the Thirty-ninth and Fortieth Years of the Reign of his late Majesty King George the Third, intituled, An Act for establishing an Agreement with the Governor and Company of the Bank of England, for advancing the Sum of Three Millions towards the Supply of the Service for the Year Eighteen Hundred, as relates to the same,' it was amongst other things enacted, that it should be lawful for any bodies politic or cofporate erected for the purposes of banking, or for any number of persons united in covenants or copartnerships, although such persons so united or carrying on business together should consist of more than six in number, to carry on (subject to certain provisions therein contained) the trade or business of bankers in England, in like manner as copartnerships of bankers

consisting of not more than six persons in number might lawfully do; and it was further enacted, that all actions and suits against any persons who might be at any time indebted to any such copartnership carrying on business under the provisions of the said act, and all other proceedings at law and in equity to be instituted on behalf of any such copartnership against any persons, bodies politic or corporate, or others, whether members of such copartnership or otherwise, for recovering any debts or enforcing any claims or demands due to such copartnership, or for any other matter relating to the concerns of such copartnership, might be commenced and prosecuted in the name of any one of the public officers for the time being of such copartnership, to be nominated as therein is mentioned, as the nominal party on behalf of such copartnership, and that actions or suits, and proceedings at law or in equity, to be instituted by any persons, bodies politic or corporate, or others, whether members of such copartnership or otherwise, against such copartnership, should be commenced and prosecuted against any one or more of the public officers for the time being of such copartnership as the nominal defendant on behalf of such copartnership, and that the death, resignation, removal, or any act of such public officer should not abate or prejudice any such action, suit, or other proceeding commenced against or on behalf of such copartnership, but that the same might be continued in the name of any other of the public officers of such copartnership for the time being: and whereas an act was passed in the sixth year of the reign of his said late Majesty, intituled, An Act for the better regulation of Copartnerships of certain Bankers in Ireland:' and whereas it is expedient that the said acts should for a limited time be amended so far as relates to the powers enabling any such copartnership, not being a body corporate, to sue any of

its own *members, and the powers enabling any member of any [*461]

such copartnership, not being a body corporate, to sue the said copartnership:" 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 any person now being or having been, or who may hereafter be or have been a member of any copartnership now carrying on or which may hereafter carry on the business of banking under the provisions of the said recited acts, may, at any time during the continuance of this act, in respect of any demand which such person may have, either solely or jointly with any other person, against the said copartnership, or the funds or property thereof, commence and prosecute, either solely or jointly with any other person (as the case may require), any action, suit, or other proceeding at law or in equity against any public officer appointed or to be appointed under the provisions of the said acts, to sue and be sued on the behalf of the said copartnership; and that any such public officer may in his own name commence and prosecute any action, suit, or other proceeding at law or in equity against any person being or having been a member of the said copartnership, either alone or jointly with any other person, against whom any such copartnership has or may have any demand whatsoever; and that every person being or having been a member of any such copartnership shall, either solely or jointly with any other person (as the case may re

quire), be capable of proceeding against any such copartnership by their public officer, and be liable to be proceeded against, by or for the benefit of the said copartnership, by such public officer as aforesaid, by such proceedings and with the same legal consequences as if such person had not been a member of the said copartnership; and that no action or suit shall in any wise be affected or defeated by reason of the plaintiffs or defendants, or any of them respectively, or any other person in whom any interest may be averred, or who may be in anywise interested or concerned in such action, being or having been a member of the said copartnership; and that all such actions, suits, and proceedings shall be conducted and have effect as if the same had been between strangers.

II. And be it enacted, That in case the merits of any demand by or against any such copartnership shall have been determined in any action or suit by or against any such public officer, the proceedings in such action or suit may be pleaded in bar of any other action or suit by or against the public officer of the same copartnership for the same demand.

III. And be it enacted, That all the provisions of the said recited acts relative to actions, suits, and proceedings commenced or proceedings commenced or prosecuted under the authority thereof, shall be applicable to actions, suits, and proceedings commenced or prosecuted under the authority of this act.

IV. And be it enacted, That no claim or demand which any member of any such copartnership may have in respect of his share of the capital or joint stock thereof, or of any dividends, interest, *profits, or bonus [*462] payable or apportionable in respect of such share shall be capable of being set off, either at law or in equity, against any demand which such copartnership may have against such member on account of any other matter or thing whatsoever; but all proceeds in respect of such other matter or thing may be carried on as if no claim or demand existed in respect of such capital or joint stock, or of any dividends, interest, profits, or bonus payable or apportionable in respect thereof.

V. And be it enacted, That this act shall continue in force until the end of the next session of Parliament: and that any such action, suit, or other proceeding as aforesaid, which during the continuance of this act may have been commenced or instituted, shall, (notwithstanding this act may have expired) be carried on in all respects whatsoever as if this act had continued in force.

VI. And be it enacted, That this act may be amended or repealed by any act to be passed in this present session of Parliament.

[1 & 2 Vict. c. 110]

An Act for Abolishing Arrest on Mesne Process in Civil Actions, except in certain Cases; for extending the Remedies of Creditors against the Property of Debtors; and for amending the Laws for the Relief of Insolvent Debtors in England. [16th August, 1838.]

Whereas the present power of arrest upon mesne process is unnecessarily extensive and severe, and ought to be relaxed; 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 time appointed for the commencement of this act no person shall be arrested upon mesne process in any civil action in any inferior Court whatsoever, or (except in the cases and in the manner hereinafter provided for) in any superior Court.

II. And be it enacted, That all personal actions in her Majesty's superior Courts of law at Westminster shall be commenced by writ of summons.

III. And be it enacted, That if a plaintiff in any action in any of her Majesty's superior Courts of law at Westminster, in which the defendant is now liable to arrest, whether upon the order of a judge, or without such order, shall, by the affidavit of himself or of some other person, show to the satisfaction of a judge of one of the said superior Courts, that such plaintiff has a cause of action against the defendant or defendants to the amount of twenty pounds or upwards, or has sustained damage to [*463] that amount, and that there is probable cause for believing that the defendant or any one or more of the defendants, is or are about to quit England unless he or they be forthwith apprehended, it shall be lawful for such judge, by a special order, to direct that such defendant or defendants so about to quit England, shall be held to bail for such sum as such judge shall think fit, not exceeding the amount of the debt or damages; and thereupon it shall be lawful for such plaintiff, within the time which shall be expressed in such order, but not afterwards, to sue out one or more writ or writs of capias into one or more different counties, as the case may require, against any such defendant so directed to be held to bail, which writ of capias shall be in the form contained in the schedule to this act annexed, and it shall bear date on the day on which the same shall be issued: Provided always, that the said writ of capias, and all writs of execution to be issued out of the superior Courts of law at Westminster into the counties palatine of Lancaster and Durham, shall be directed to the Chancellor of the county palatine of Lancaster, or his deputy there, or to the Chancellor of the county palatine at Durham, or his deputy there.

IV. And be it enacted, That the sheriff or other officer to whom any such writ of capias shall be directed, shall, within one calendar month after