Imatges de pàgina
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Teind Court VIII. And be it enacted, That the Judges of the Two Divisions regulated. of the Inner House of the Court of Session, along with the Lord

Ordinary who shall be Judge in Teind Causes and Proceedings for the Time being, shall be Lords Commissioners for Teinds, and shall constitute the Court of Commissioners for Teinds, and any Five of the said Judges shall be a Quorum of the said Court; and it shall be competent to the said Court, in Causes which they may deem to be of Importance or Difficulty, to order that such Causes shall be heard before the whole Judges of the Court of Session, and to obtain their Opinions, in like Manner as is provided in ordinary Causes depending in either Division of the Court

of Session. Sittings of the IX. And be it enacted, That the Sittings of the Court of SesCourt of Ses

sion shall be regulated as follows; the Sittings of the whole Court, sion and of the both Inner and Outer Houses, for the Summer Session, excepting Lords Ordinary regulated.

the Summer Session of this present Year, which shall meet and terminate as heretofore, shall commence on the first lawful Day (Monday excepted) which shall happen next after the Nineteenth Day of May yearly, and shall terminate on the Twentieth Day of Juły yearly, or on the Saturday immediately preceding the said Twentieth Day of July when the same shall happen to fall upon Sunday or Monday; the Sittings of the Two Divisions of the Inner House for the Winter Session shall commence and terminate as at present; and the Sittings of the Lords Ordinary in the Outer House for the Winter Session shall commence on the first lawtul Day (Monday excepted) which shall happen next after the Thirtyfirst Day of October yearly, and shall terminate on the Twentieth Day of March yearly, or on the Saturday immediately preceding the said Twentieth Day of March when the same shall happen to fall upon a Sunday or Monday: Provided always, that at the Sitting of the Court of Sessions for Trial of Civil Causes by Jury, before and after the ordinary Sessions of the said Court, the Lords Ordinary shall assist, when required, in the said Jury Trials, and also at the Criminal Trials held before and after the ordinary

Sessions of the Court where they are Judges of Justiciary. Court of Session

X. And be it enacted, That it shall be lawful for the said Court to have Power

of Session and they are hereby authorized and empowered, if there to extend thu Sittings.

shall be Arrears of Business in the said Court, or as the State of Business otherwise may require, from Time to Time to direct, by Act or Acts of Sederunt, that the Winter and Summer Sessions of the Court of Session or either of them shall be extended, and to specify the Time or Times of such Extension, and the precise Duration thereof, and to direct that such Extension shall apply either to the whole Court of Session or to either of the Divisions thereof, or to all or any of the Lords Ordinary, and to make all Regulations which may be required in consequence of any such Extension, or connected therewith : Provided always, that such Extension shall not on the whole exceed the usual Period of the Sittings of th: said Court previous to the passing of this Act by more than the Space of Two Calendar Months in the course of the Year, and that it shall thereafter in like Manner be lawful for the said Court to alter and limit the said Period of Extension from Time to Time as Occasion may require ; and provided also, that Sederunt Days shall be reckoned from and regulated by the

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meeting of the Inner Houses of the Court, and not by the Sittings of the Lords Ordinary.

XI. “And whereas by the said first-recited Act His Majesty, His Her Majesty to · Heirs and Successors, with the Consent of His Privy Council

, extend the Sit' was empowered to order and direct that the Duration of the

tings. Sittings of the Court of Session and Lords Ordinary should be extended to any Space not exceeding One Month, and to alter 6 and vary such Extension in manner therein provided ;' be it enacted, That it shall be lawful for Her Majesty, Her Heirs and Successors, with the Consent of Her Privy Council, from Time to Time to order and direct the Extension of the Duration of the Sittings of the said Court, or either of the Divisions thereof, or of all or any of the Lords Ordinary, and to alter and limit such Extension to such and the like Duration and in such and the like Manner as the Judges of the said Court are herein-before authorized to alter the Sittings thereof.

XII. • And whereas great Reductions have recently been made Salaries of the * in the Judicial Establishments of Scotland, by the Transference Judges reguof the Jurisdiction and Duties of the Court of Exchequer, the lated, and cerJury Court, the Admiralty Court, and the Commissary Court, to Salaries in'the Judges of the Court of Session, and by the Abolition of the creased.

Offices of Two of the Judges in that Court, whereby the Duties * formerly performed by Thirteen Judges, whose Offices are now * abolished, have been transferred to the remaining Judges of the * Court of Session, and a Saving in the Expence of the Judicial Establishments of Scotland has been effected to the Amount of more than Fifty thousand Pounds per Annum : And whereas the • Judicial Business and Duties of the Supreme Courts are by this • Act distributed among the said Judges, and therefore the Salaries of the ordinary Judges ought also to be equalized and in some respects increased. Be it enacted, That the annual Salary of the Lord President of the Court of Session shall be Four thousand eight hundred Pounds, and the annual Salary of the Lord Justice Clerk shall be Four thousand five hundred Pounds, and the annual Salaries of all the other Judges of the Court of Session performing the Duties of the Courts of Session, Justiciary, and Exchequer, and of the Bill Chamber, in manner herein provided, shall be of equal Amount, and shall be Three thousand Pounds; and the said Salaries shall be issued, paid, and applied in manner provided by the before-recited Act passed in the Fiftieth Year of the Reign of His Majesty King George the Third : Provided always, that no retiring Allowance or Increase of Salary Proviso as to shall be received by any Judge under this Act, unless under De- retiring Allowduction of any retiring Allowance or Salary which such Judge now enjoys or may hereafter enjoy on account of any Judicial Office; but such Deduction shall be made to the Effect only of preventing any of the present Judges from receiving larger Allowances or Salaries than he now receives.

XIII. And be it enacted, That from and after the passing of Court of Session this Act the Court of Session shall be and is hereby empowered to make Regufrom Time to Time to make such Regulations, by Act or Acts lations to carry

this Act into of Sederunt, as the said Court may deem meet, for carrying into

effect. effect the Purposes of this Act, as also to make Regulations for allowing Summonses to be called at either of the Box Days in M 3

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the Autumn Vacation, and making Defences returnable at the Second Box Day, or on the meeting of the Court in November ; and the said Court may meet for the above Purposes during Vacation as well as during Session, and may alter and amend such Regulations from Time to Time: Provided always, that within Fourteen Days from the Commencement of every future Session of Parliament there shall be transmitted to both Houses of Parliament Copies of all Acts of Sederunt made and passed under

the Powers herein given. Laws at variance XIV. And be it enacted, That all Laws, Statutes, and Usages with this Act

shall be and the same are hereby repealed, in so far as they may repealed.

be inconsistent or at variance with the Provisions of this Act: Provided always, that the same shall continue in force in all other

respects whatsoever. Commence- XV. And be it enacted, That the Provisions of this Act, unless ment of this Act. where otherwise herein specially provided, shall commence and

take effect from and after the passing thereof. Act may be

XVI. And be it enacted, That this Act may be amended or amended, &c. repealed by any Act to be passed in the present Session of Par.

liament.

7 W. 4. &
1 Vict. c. 80.

CA P. XXXVII.
An Act to amend, and extend until the First Day of January

One thousand eight hundred and forty-two, the Provisions
of an Act of the First Year of Her present Majesty for
exempting certain Bills of Exchange and Promissory Notes
from the Operation of the Laws relating to Usury.

[29th July 1839.] : WHEREAS by an Act passed in the First Year of the Reiga

of Her present Majesty, intituled An Act to exempt certain Bills of Exchange and Promissory Notes from the Operation of the Laws relating to Usury, it was enacted, that Bills of Exchange . payable at or within Twelve Months should not be liable, for a • limited Time, to the Laws for the Prevention of Usury: And

whereas the Duration of the said Act was limited to the First

Day of January One thousand eight hundred and forty; and it ' is expedient that the Provisions of the said Act should be ex• tended:' 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 no Bill of Exchange or Promissory Note made payable at or within Twelve Months after the Date thereof, or not having more than Twelve Months to run, nor any Contract for the Loan or Forbearance of Money, above the Sum of Ten Pounds Sterling, shall, by reason of any Interest taken thereon or secured thereby, or any Agreement to pay or receive or allow Interest in discounting, negociating, or transferring any such Bill of Exchange or Promissory Note, be void, nor shall the Liability of any Party to any such Bill of Exchange or Promissory Note, nor the Liability of any Person borrowing any Sum of Money as aforesaid, be affected, by reason of any Statute or Law in force for the Prevention of Usury; nor shall any Person or Persons or Body Corporate drawing, accepting, endorsing or signing any such Bill or Note, or lending or advancing or forbearing any Money as aforesaid, or taking more than the present Rate of legal Interest, in Great Britain and Ireland respectively, for the Loan or Forbearance of Money as aforesaid, be subject to any Penalties under any Statute or Law relating to Usury, or any other Penalty or Forfeiture; any thing in any Law or Statute relating to Usury, or any other Law whatsoever in force in any Part of the United Kingdom, to the contrary notwithstanding: Provided always, that nothing herein contained shall extend to the Loan or Forbearacne of any Money upon Security of any Lands, Tenements, or Hereditaments, or any Estate or Interest therein.

drawing,

Bills of Exchange and Contracts for Loans or Forbearance of Money above 101, not to be affected by the Usury Laws.

II. Provided always, and be it enacted, That nothing in this Act Five per Cent. contained shall be construed to enable any Person or Persons to to be considered claim, in any Court of Law or Equity, more than five per Cent, the legal Rate

of Interest, Interest on any Account or on any Contract or Engagement, not

except, &c. withstanding they may be relieved from the Penalties against Usury, unless it shall appear to the Court that any different Rate of Interest was agreed to between the Parties.

III. Provided always, and be it enacted, That nothing herein Not to affect contained shall extend or be construed to extend to repeal or the Law as to affect any Statute relating to Pawnbrokers, but that all Laws Pawnbrokers. touching and concerning Pawnbrokers shall remain in full Force and Effect, to all Intents and Purposes whatsoever, as if this Act had not been passed.

IV. And be it enacted, That this Act shall continue in force Continuance of until the First Day of January One thousand eight hundred and Act. forty-two.

V. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, &c.

CA P. XXXVIII.
An Act to amend the Jurisdiction for the Trial of Election
Petitions,

[17th August 1839.] WH

HEREAS it is expedient to amend the Laws relating to

the Trial of controverted Elections or Returns of Mem'bers to serve in Parliament;' 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, That an Suspension of Act passed in the Ninth Year of the Reign of King George the 9 G. 4. c. 22. Fourth, intituled An Act to consolidate and amend the Laws relating and Part of to the Trial of controverted Elections or Returns of Members to serve in Parliament, and also so much of an Act passed in the Forty-second Year of the Reign of King George the Third, intituled An Act for regulating the Trial of controverted Elections or: Returns of Members to serve in the United Parliament for Ireland, as requires the Parties appearing before any Select Committee to interchange before the said Committee Lists of the Votes and Names of the Voters to which either of the Parties purposes and intends to object, or as provides that no Witness shall be called or examined to any thing not specified in such Lists, shall, as to any Election Petition presented after the End of this present Session

42 G. 3. c. 106.

What shall be deemed Election Petitions.

Recognizances to be entered into by Petitioners.

of Parliament, be suspended, and be of no Force and Effect until the End of the Second Session of the First Parliament which may be called after the Dissolution of this present Parliament, except as to any thing done under either of the said Acts ; but this Enactment shall not revive any Act or Part of any Act repealed by the first-recited Act.

II. And be it enacted, That every Petition which shall be presented to the House of Commons, within such Time as shall be from Time to Time limited by the House, complaining of an undue Election or Return of a Member or Members to serve in Parliament, or complaining that no Return has been made to any Writ issued for the Election of any Member or Members to serve in Parliament on or before the Day on which such Writ is made returnable, or, if such Writ be issued during any Session or Prorogation of Parliament, that no Return has been made to the same within Fifty-two Days after the Day on which such Writ bears Date, or that any Return is not according to the Requisition of the Writ, or complaining of the special Matters contained in any such Return, shall be deemed an Election Petition ; but no Election Petition shall be received by the House unless at the Time it is presented it shall be subscribed by some Person claiming therein to have had a Right to vote at the Election to which the same shall relate, or to have had a Right to be returned or elected thereat, or alleging himself to have been a Candidate at the Election.

III. And be it enacted, That before any Election Petition shall be presented to the House the Person or Persons subscribing the same, or some one or more of them, shall personally enter into a Recognizance to our Sovereign Lady the Queen, according to the Form given in the Schedule (A.) to this Act annexed, for the Sum of One thousand Pounds, with One, Two, Three, or Four sufficient Sureties, either in the same Recognizance or in separate Recognizances, for the additional Sum of One thousand Pounds, in a Sum or Sums of not less than Two hundred and fifty Pounds each, for the Payment of all Costs and Expences which any

Committee of the House selected to try such Petition in the Manner hereinafter provided shall adjudge to be payable by the Person or Persons subscribing the said Petition, and also for the Payment of all Costs and Expences which, in case such Person or Persons shall fail to appear before the General Committee at such Time or Times as shall be fixed for choosing a Committee to try such Petition, or in case such Petition shall be withdrawn, as herein-after allowed, shall become due from the Person or Persons subscribing such Petition to any Witness summoned in his or their Behalf, or to any Party who shall appear in opposition to such Petition.

IV. And be it enacted, That every person who shall enter into any such Recognizance as Surety for any other Person shall testify upon Oath in Writing, to be sworn at the Time of entering into the said Recognizance, and before the same Person by whom his Recognizance shall be taken, that he is seised or possessed of Real or Personal Estate, or both, above what will satisfy his Debts, of the clear Value of the Sum for which he shall be bound by his said Recognizance, and every such Affidavit shall be annexed to the Recognizance; and that in every such Recognizance shall be men

Sureties to make Affidavit of Sufficiency, and to be described.

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