« ElőzőTovább »
III. And be it further enacted, That every Direction, Order or Persia Appointment to be made in pursuance of this Act, by the Court uy of Chancery or Exchequer, shall be signified by an Order to be said u made upon the Petition of such Person or Persons as hereinafter at is mentioned; (that is to say,) if the same shall relate to a Conreveyance or other Assurance or Transfer to any Person or Persons Auch 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.
ished i ested
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 Case 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
Orders of Courts under Authority of this Act to be made upon Petition of certain Parties herein mentioned.
Persons ap. pointed may be compelled to convey or transfer, &c.
How far Act to
extend to Trustees having be
neficial Interest, or having Duty to perform.
And to Petí
tions in Cases of Charity and Friendly So
Indemnity to the Bank and
Costs may be directed to be paid.
thereof, or in Matters relative to any Benefit or Friendly Societies. or for the better Security, or for the Application, Receipt, Pay ment 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 Dis charge 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.
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 Affidavits 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 assembled, 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 Inserve as Clerks denture to be enrolled with the proper Officer in that Behalf, and
Indemnity as herein men
sons who shall have paid Duties within Six Months after Execution of Indentures to
One or more Affidavit or Affidavits to be made, and afterwards to be filed, in such Manner as the same ought to have been made on, and filed, in due Time, shall be and is hereby indemnified, freed and discharged from and against all Penalties, Forfeitures, Incapacities and Disabilities, in or by any Act or Acts of Parliament fermentioned, and incurred or to be incurred for or by reason of such
Neglect or Omission; and every such Affidavit and Affidavits so
but shall have neglected to cause the neces
sary Affidavits to be filed.
nified may neral Issue. plead the Ge
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. • 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 out annual 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 for the recovering of any Fee, Reward or Disbursement, on account of prosecuting, carrying on or defending any Action, Suit or Proceeding, or any Matter or Thing relating thereto, without 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,
o be e One the ntract
Attornies, &c. who may have omitted to take
Cases of suing
for Fees, &c. notwithstanding 37 G.3. c.90. $30.
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, Cambridge or Dublin, previous to the passing of recited Act,
and have since duly served as
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 a 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.
CA P. XLV.
An Act for repealing an Act passed in the Thirty ninth and
[26th May 1826.]
an Act in the ninth and Fortieth 39 & 40 G.3.
Years of the Reign of His late Majesty King George the c.56. • Third, intituled An Act for Relief of Persons entitled to Entailed • Estates to be purchased with Trust Monies; and such Act has 'been of great public Benefit, but it has been found that the • Provisions thereof do not apply to all Cases to which Relief to such Persons may reasonably be extended, and it is therefore ⚫ expedient that the said Act should be repealed, except as herein' after mentioned, and that other Provisions should be made in lieu of those therein contained: Be it therefore 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 assembled, and by the Authority of the same, That the said Act shall be and the same is hereby repealed, except repealed as as to such Proceedings under the said Act as shall have been com- herein menmenced before the passing of this Act, and which may be continued tioned. under the Authority and according to the Provisions of the said Act or of this Act, as shall be most expedient.
Controul of a Court of Equity, shall be
subject to be invested in Purchase of Freehold or mises under Copyhold Precertain Settlements as herein mentioned,
II. And be it further enacted, That from and after the passing of this Act, in all Cases where Money under the Controul of any Court of Equity, or of or to which any Individuals as Trustees are possessed or entitled, shall be subject to be invested in the Pureschase of Freehold or Copyhold Hereditaments, or both, to be settled upon any Person or Persons in such Manner that it would be competent, in case such Money had been invested in the Purchase of Real Estates, for the Person or Persons who would be the Tenant or Tenants of any Estate or Estates Tail therein, either alone or together with the Person or Persons who would be the Owner or Owners of any particular preceding Estate or Estates therein, by Deed, Fine or Common Recovery, or any of them, or other lawful Act, in the case of Freehold Hereditaments, or by Surrender and Recovery, or either of them, or other lawful Act, in the Case of Copyhold Hereditaments, to bar such Estate or Estates Tail, and the Rights and Interests of all Persons in Remainder after such Estate or Estates Tail, it shall not be necessary to have such Money actually invested in Lands or Hereditaments, in order that such Estates Tail and Remainders over may be so barred; but that it shall be lawful for the High Court of Chancery, or such Court of Equity under the Controul of which such Money shall be, and in the Case of Trustees for the said High Court of Chancery or the Court of Exchequer, in a summary Way, upon Petition of the Person or Persons who would be Tenant or Tenants Petition. of such Estate or Estates Tail, and of the Person or Persons, if any, whose Concurrence would be necessary and sufficient in order to enable the Person or Persons who would be Tenant or Tenants