6. Writ of Sequestrari Facias de bonis Ecclesiasticis. In the High Court of Justice, Division. 1875. B. No. Plaintiff, Defendants. Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith: To the Right Reverend Father in God [John] by Divine permission Lord Bishop of Whereas we lately commanded our sheriff of greeting: that he should omit not by reason of any liberty of his county, but that he should enter the same, and cause [to be made, if after the return to a fieri facias, or delivered, if after the return to an elegit, &c., and in either case recite the former writ.] And whereupon our said sheriff of [or "at a day past "] returned to us in the on division of our said Court in of Justice, that the said C.D. was a beneficed clerk; that is to say, rector of the rectory [or vicar of the vicarage] and parish church of the county of and within your diocese, and that he had not any goods or chattels, or any lay fee in his bailiwick [here follow the words of the sheriff's return]. Therefore we command you that you enter into the said rectory [or vicarage] and parish church of and take and sequester the same into your possession, and that you hold the same in your possession until you shall have levied the said 7. and interest aforesaid of the rents, tithes, rentcharges in lieu of tithes, oblations, obventions, fruits, issues, and profits thereof, and other ccclesiastical goods in your diocese of and belonging to the said rectory [or vicarage] and parish church of and to the said C.D. as rector [or vicar] thereof to be rendered to the said A.B., and what you shall do therein make appear to us in our said Court immediately after the execution hereof, and have you there then this writ. Witness ourself at Westminster, the of our Lord in the year day of greeting: Whereas Division lately in our High Court of Justice, by a judgment of the of the same Court [A.B. recovered] or [E.F. was ordered to deliver to A.B.] possession of all that with the appurtenances in your bailiwick: Therefore, we command you that you omit not by reason of any liberty of your county, but that you enter the same, and without delay you cause the said A.B. to have possession of the said land and premises with the appurtenances. And in what manner you have executed this our writ make appear to the Judges of the Division of our High Court of Justice immediately after the execution hereof, and have you there then this writ. Witness, &c. greeting: Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the sheriff of We command you, that without delay you cause the following chattels, that is to say [here enumerate the chattels recovered by the judgment for the return of which execution has been ordered to issue], to be returned to A.B., which Court of Justice, immediately after the execution hereof, and have you The Like, but instead of a Distress until the Chattel is returned, commanding the Sheriff to levy on Defendant's Goods the assessed Value of it. [Proceed as in the preceding form until the*, and then thus:] And we in what manner 'you shall have executed this our writ make appear to the We command you to attach C.D. so as to have him before us in the Division of our High Court of Justice wheresoever the said Court shall then be, there to answer to us, as well touching a contempt which he it is alleged hath committed against us, as also such other matters as shall be then and there laid to his charge, and further to perform and abide such order as our said Court shall make in this behalf, and hereof fail not, and bring this writ with you. Witness, &c. day of To [names of not less than four Commissioners] greeting. Whereas lately in the Division of our High Court of Justice in a certain action there depending, wherein A.B. is plaintiff and C.D. and others are defendants [or, in a certain matter then depending, intituled "In the matter of E.F.," as the case may be] by a judgment [or order, as the case may be] of our said Court made in the said action [or matter], and bearing date the 187 it was ordered that the said C.D. should [pay into Court to the credit of the said action the sum 1., or, as the case may be]. Know ye, therefore, that we, in confidence of your prudence and fidelity, have given, and by these presents do give to you, or any three or two of you, full power and authority to enter upon all the messuages, lands, tenements, and real estate whatsoever of the said C.D., and to collect, receive, and sequester into your hands not only all the rents and profits of his said messuages, lands, tenements, and real estate, but also all his goods, chattels, and personal estates whatsoever; of and therefore we command you, any three or two of you, that you do at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real estates of the said C.D., and that you do collect, take, and get into your hands not only the rents and profits of his said real estate, but also all his goods, chattels, and personal estate, and detain and keep the same under sequestration in your hands until the said C.D. shaH [pay into Court to the credit of the said action the sum of 1. or, as the case may be,] clear his contempt, and our said Court make other order to the contrary. Witness, &c. SECOND SCHEDULE. Session and Title. Extent of Repeal. 6 Geo. 4. c. 84. 32 & 33 Vict. c. 71. 32 & 33 Vict. c. 83. 36 & 37 Vict. c. 66. An Act to provide for the Section seven. The Bankruptcy Repeal Section one hundred and sixteen from " provided that at any time," inclusive, to end of the section. Section nineteen from " pro vided that at any time," inclusive, to end of the section. So much of sections three and sixteen as relates to the London Court of Bankruptcy, section six, section nine, section ten, so much of section thirteen as relates to additional judges of the Court of Appeal, section thirty-four from "all matters pending in "the London Court of Bank 66 "ruptcy" to "London Court "of Bankruptcy," section thirty-five, section forty-eight, section fifty-three, section sixty-three, section sixtyeight, section sixty-nine, section seventy, section seventyone, section seventy-two, section seventy-three, section seventy-four, and the whole of the schedule. CHAPTER 78. An Act to apply a sum out of the Consolidated WE Most Gracious Sovereign, [13th August 1875.] E, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, towards making good the supply which we have cheerfully granted to Your Majesty in this session of Parliament, have resolved to grant unto Your Majesty the sum herein-after mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted; and be it 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, as follows: Grant out of Consolidated Fund. out of the Con 1. The Commissioners of Her Majesty's Treasury for the Issue of time being may issue out of the Consolidated Fund of the 24,982,1537. United Kingdom of Great Britain and Ireland, and apply solidated Fund. towards making good the supply granted to Her Majesty for the service of the year ending on the thirty-first day of March one thousand eight hundred and seventy-six the sum of twenty-four million nine hundred and eighty-two thousand one hundred and fifty-three pounds. 2. The Commissioners of Her Majesty's Treasury may Power for the borrow from time to time on the credit of the said sum of Treasury to twenty-four million nine hundred and eighty-two thousand borrow. one hundred and fifty-three pounds, any sum or sums of equal or less amount in the whole, and shall repay the moneys so borrowed, with interest not exceeding five pounds per centum per annum, out of the growing produce of the Consolidated Fund at any period not later than the next succeeding quarter to that in which the said sums were borrowed. Any sums so borrowed shall be placed to the credit of the account of Her Majesty's Exchequer, and shall form part of the said Consolidated Fund, and be available in any manner in which such fund is available. Appropriation of Grants. 3. All sums granted by this Act and the other Acts men- Appropriation tioned in Schedule (A.) annexed to this Act out of the said of sums voted for supply Consolidated Fund towards making good the supply granted services. [No. 60. Price 2d.] 30 Treasury may, m certain cases of exigency, thorise ex>enditure unprovided for; rovided that The aggregate grants for the navy services and for the rmy services espectively be not exceeded. Sauction for navy and army to Her Majesty, amounting, as appears by the said Schedule, in the aggregate to the sum of forty-seven million eight hundred and sixty-four thousand eight hundred and fourteen pounds eight shillings and elevenpence, are appropriated and shall be deemed to have been appropriated as from the date of the passing of the first of the Acts mentioned in the said Schedule (A.) for the purposes and services expressed in Schedule (B.) annexed hereto. The abstract of schedules and schedules annexed hereto, with the notes (if any) to such schedules, shall be deemed to be part of this Act in the same manner as if they had been contained in the body thereof. 4. If a necessity arise for incurring expenditure not provided for in the sums appropriated to naval and military services by this Act, and which it may be detrimental to the public service to postpone until provision can be made for it by Parliament in the usual course, each of the departments entrusted with the control over the said services shall forthwith make application in writing to the Commissioners of Her Majesty's Treasury for their authority to defray temporarily such expenditure out of any surpluses which may have been or which may be effected by the saving of expenditure upon votes within the same department, and in such application the department shall represent to the Commissioners of the Treasury the circumstances which may render such additional expenditure necessary, and thereupon the said Commissioners may authorise the expenditure unprovided for as aforesaid to be temporarily defrayed out of any surpluses which may have been or which may be effected as aforesaid upon votes within the same department; and a statement showing all cases in which the naval and military departments have obtained the sanction of the said Commissioners to any expenditure not provided for in the respective votes aforesaid, accompanied by copies of the representations made to them by the said departments, shall be laid before the House of Commons with the appropriation accounts of navy and army services for the year, in order that such proceedings may be submitted for the sanction of Parliament, and that provision may be made for the deficiencies upon the several votes for the said services in such manner as Parliament may determine. The Commissioners of the Treasury shall not authorise any expenditure which may cause an excess upon the aggregate sums appropriated by this Act for naval services and for army services respectively. 5. Whereas the Commissioners of the Treasury, under the xpenditure for Powers vested in them by the Act of the session held in the thirty-sixth and thirty-seventh years of the reign of Her present Majesty, chapter seventy-nine, have authorised expenditure not provided for in the sums appropriated by the said Act 1873 -74 un provided for. |