Imatges de pÓgina
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Lands, Tenements, and other Hereditaments, as to Purchasers, Mortgagees, or Creditors, unless a like Memorandum or Minute as was required in the first instance is again left with the Senior Master of the said Court of Common Pleas within Five Years before the Execution of the Conveyance, Settlement, Mortgage, Lease, or other Deed or Instrument vesting or transferring the legal or equitable Right, Title, Estate, or Interest in or to any such Purchaser or Mortgagee for valuable Consideration, or as to Creditors, within Five Years before the Right of such Creditors accrued, and so, toties quoties, at the Expiration of every succeeding Five Years; and the Senior Master shall forthwith re-enter the same in like Manner as the same was originally entered ; and such Officer shall be entitled for any such Re-entry to the Sum of One

Shilling. How far Judge V. Provided also, and be it enacted, That as against Purchasers ments duly and Mortgagees without Notice of any such Judgment, Decrees or registered to Orders, Rules or Orders as aforesaid, none of such Judgments, affect Pur

Decrees or Orders, Rules or Orders, shall bind or affect chasers or Mort

Lands,

any Tenements, or Hereditaments, or any Interest therein, further or gagees.

otherwise or more extensively in any respect, although duly registered, than a Judgment of one of the Superior Courts aforesaid would have bound such Purchaser or Mortgagee before the said Act of the First and Second Years of the Reign of Her present Majesty, where it had been duly docketted according to the Law

then in force. Not to revive

VI. Provided also, and be it enacted, That nothing in the said Judgments al- recited Act of Her present Majesty nor in this Act contained shall ready extin- extend to revive or restore any Judgment which shall be extinguished, &c.

guished or barred, nor shall the same extend to affect or prejudice any Judgment as between the Parties thereto, or their Represen

tatives, or those deriving as Volunteers under them. Purchasers not

VII. And be it enacted, That no Lis pendens shall bind a Purto be affected chaser or Mortgagee without express Notice thereof, unless and by any Lis

until a Memorandum or Minute, containing the Name and the pendens, unless usual or last known Place of Abode, and the Title, Trade, or Prosuch Suit is duly registered

fession, of the Person whose Estate is intended to be affected as directed by

thereby, and the Court of Equity, and the Title of the Cause or this Act. Information, and the Day when the Bill or Information was filed,

shall be left with the Senior Master of the said Court of Common Pleas, who shall forthwith enter the same Particulars in a Book as aforesaid, in alphabetical Order, by the Name of the Person whose Estate is intended to be affected by such Lis pendens; and such Officer shall be entitled for any such Entry to the Sum of Two Shillings and Sixpence; and the Provisions herein-before contained in regard to the re-entering of Judgments every Five Years, and the Fee payable to the Officer thereon, shall extend to every Case of Lis pendens which shall be registered under the Provisions of

this Act. Recognizances VIII. And be it enacted, That no Judgment, Statute, or Recogentered into not nizance which shall hereafter be obtained or entered into in the to affect Pur

Name or upon the proper Account of Her Majesty, Her Heirs or chasers, unless duly registered

Successors, or Inquisition by which any Debt shall be found due as directed by

to Her Majesty, Her Heirs or Successors, or Obligation or Spethis Act. cialty which shall hereafter be made to Her Majesty, Her Heirs

or

or Successors, in the Manner' directed by an Act passed in the Thirty-third Year of the Reign of His late Majesty King Henry the Eighth, intituled The Erection of the Court of Surveyors of the 33 Hen.8. c. 39. King's Lands, and the Names of the Officers there, and their Authority, or any Acceptance of Office which shall hereafter be accepted by Officers whose Lands shall thereby become liable for the Payment and Satisfaction of Arrearages under the Provisions of the Act passed in the Thirteenth Year of the Reign of Her late Majesty Queen Elizabeth, intituled An Act to make the Lands, 13 Eliz. c. 4. Tenements, Goods, and Chattels of Tellers, Receivers, et cætera, liable to the Payment of their Debts, shall affect any Lands, Tenements, or Hereditaments, as to Purchasers or Mortgagees, unless and until a Memorandum or Minute, containing the Name and the usual or last Place of Abode, and the Title, Trade, or Profession, of the Person whose Estate is intended to be affected thereby, and also in the Case of any Judgment the Court and the Title of the Cause in which such Judgment shall have been obtained, and the Date of such Judgment, and the Amount of the Debt, Damages, and Costs thereby recovered, and also in the Case of a Statute or Recognizance the Sum for which the same was acknowledged, and before whom the same was acknowledged, and the Date of the same, and also in the Case of an Inquisition the Sum thereby found to be due, and the Date of the same, and also in the Case of an Obligation or Specialty the Sum in which the Obligee shall be bound, or for which the Obligation or Specialty shall be made, and the Date of the same, and also in the Case of Acceptance of Office the Name of the Office and the Time of the Officer accepting the same, shall be left with the Senior Master of the said Court of Common Pleas, who shall forthwith enter the same Particulars in a Book, to be intituled “ The Index to Debtors and Accountants to the Crown," in alphabetical Order, by the Name of the Person whose Estate is intended to be affected by such Judginent, Statute, or Recognizance, Inquisition, Obligation, or Specialty, or the Acceptance of any Office; and such Officer shall be entitled for any such Entry to the Sum of Two Shillings and Sixpence; and all Persons shall be at liberty to search the Registry to be same Book, and also the other Book to be kept according to the open to InspecProvisions of the said recited Act of the First and Second Years tion. of the Reign of Her present Majesty, or either of the said Books, on Payment of the Sum of One Shilling, whether one only or both of the said Books shall be searched, and no Multiplication of Books is to increase the Fee.

IX. And be it enacted, That whenever a Quietus shall be ob- Quietus to tained by a Debtor or Accountant to the Crown, and an Office Debtors or AcCopy thereof shall be left with the Senior Master of the said Court

Crown to be of Common Pleas, together with a Certificate, signed by the Ac- registered. countant General, that the same may be registered, the said Master shall forthwith enter the same in the said Book of Debtors and Accountants to the Crown, in alphabetical Order, by the Name of the Person whose Estate is intended to be discharged by such Quietus, with the Date, and shall for any such Entry be entitled to a Fee of Two Shillings and Sixpence.

X. And whereas it is expedient to make further Provision for For Discharge * the Discharge of an Estate belonging to a Debtor or Accountant of the Estates E 4

to

of Debtors or

countants to the

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Accountants to • to the Crown from the Claim of the Crown in the Hands of a the Crown in • Purchaser or Mortgagee, although the Debt or Liability shall not certain Cases

be fully discharged ;' be it therefore enacted, That it shall be lawful for the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland for the Time being, or any Three of them, by Writing under their Hands, upon Payment of such Sums of Money as they may think fit to require into the Receipt of Her Majesty's Exchequer, to be applied in liquidation of the Debt or Liability of any Debtor or Accountant to the Crown, or upon such other Terms as they may think proper, to certify that any Lands, Tenements, or Hereditaments of any such Crown Debtor or Accountant shall be held by the Purchaser or Mortgagee or intended Purchaser or Mortgagee thereof, his or their Heirs, Executors, Administrators, and Assigns, wholly exonerated and discharged from all further Claims of Her Majesty, Her Heirs or Successors, for or in respect of any Debt, Claim, or Liability, present or future, of the Debtor or Accountant to whom such Lands, Tenements, or Hereditaments belonged, or, in Cases of Leases for Fines, to certify that the Lessees, their Heirs, Executors, Administrators, and Assigns, shall hold so exonerated and discharged, without Prejudice to the Rights and Remedies of the Crown against the Reversion of the Lands, Tenements, or Hereditaments comprised in any such Leases, and the Rents and Covenants reserved and contained by and in the same; and thereupon the same Lands, Tenements, or Hereditaments shall respectively be held accordingly wholly exonerated and discharged as aforesaid, but in the Cases of Leases without Prejudice as

aforesaid. Where Part of XI. Provided also, and be it enacted, That any such Certificate, Estate dis

or the Discharge of any such Lands, Tenements, or other Herecharged not to

ditaments by virtue of this Act, shall in nowise impeach, lessen, affect Claim on other Part.

or affect the Right or Power of Her Majesty, Her Heirs or Successors, to levy the whole of any Debt or Demand which may at any Time be due from any such Debtor or Accountant to the Crown out of or from any other Lands, Tenements, or Hereditaments which would have been liable thereto in case no such Certificate

had been granted and no such Discharge had been obtained. For Protection XII. · And whereas it is expedient that further Provision should of Purchasers • be made for the Protection of Purchasers against secret Acts of against secret

• Bankruptcy and Fiats in Bankruptcy; be it therefore enacted, Fiats of Bank

That all Conveyances by any Bankrupt bona fide made and exeruptcy.

cuted before the Date and issuing of the Fiat against such Bankrupt shall be valid, notwithstanding any prior Act of Bankruptcy by him committed, provided the Person or Persons to whom such Bankrupt so conveyed had not at the Time of such Conveyance

Notice of any prior Act of Bankruptcy by him committed. In what Case

XIII. And be it enacted, That no Purchase from any Bankrupt Purchases from bona fide and for valuable Consideration, where the Purchaser had Bankrupts may Notice at the Time of such Purchase of an Act of Bankruptcy by be impeached.

such Bankrupt committed, shall be impeached by reason thereof, unless the Commission against such Bankrupt shall have been sued

out within Twelve Calendar Months after such Act of Bankruptcy. Extent of Act.

XIV. And be it enacted, That this Act shall not extend to Ireland.

САР.

S. 27.

CA P. XII.
An Act to amend an Act of the Thirty-ninth Year of King

George the Third, for the more effectual Suppression of
Societies established for seditious and treasonable Purposes,
and for preventing treasonable and seditious Practices, and
to put an End to certain Proceedings now pending under
the said Act.

[4th June 1839.] :WH

HEREAS in an Act passed in the Thirty-ninth Year of

the Reign of King George the Third, intituled An Act 39 G. 9. c. 79. for the more effectual Suppression of Societies established for seditious and treasonable Purposes, and for the better preventing treasonable and seditious Practices, certain Provisions are con'tained to restrain the printing or publishing of any Papers or

Books whatsoever which should be meant or intended to be pub'lished or dispersed without the Name and Place of Abode of the ' Printer thereof being printed thereon in the Manner in the said • Act specified: And whereas the said Provisions have given

Occasion to many vexatious Proceedings at the Instance of common Informers, and it is expedient to discourage the same :' 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 so much of the said Act Repeal of as enacts that every Person who, after the Expiration of Forty 39 G. S. c. 79. Days after the passing of the said Act, shall print any Paper or Book whatsoever which shall be meant or intended to be published or dispersed, whether the same shall be sold or given away, shall print upon the Front of every such Paper, if the same shall be printed on One Side only, and upon the first and last Leaves of every Paper or Book which shall consist of more than One Leaf, in legible Characters, his or her Name, and the Name of the City, Town, Parish, or Place, and also the Name (if any) of the Square, Street, Lane, Court, or Place in which his or her Dwelling House or usual Place of Abode shall be, and that every Person who shall omit so to print his Name and Place of Abode on every such Paper or Book printed by him, and also every person who shall publish or disperse, or assist in publishing or dispersing, either gratis or for Money, any printed Paper or Book which shall have been printed after the Expiration of Forty Days from the passing of the said Act, and on which the Name and Place of Abode of the Person printing the same shall not be printed as aforesaid, shall for every Copy of such Paper so published or dispersed by hinz forfeit and pay the Sum of Twenty Pounds, shall be and the same is hereby repealed.

II. And be it enacted, That every Person who after the passing Penalty upon of this Act shall print any Paper or Book whatsoever, which shall Printers for not be meant to be published or dispersed, and who shall not print printing their upon the Front of every such Paper, if the same shall be printed sidence on every on One Side only, or upon the first or last Leaf of every Paper or Paper or Book ; Book which shall consist of more than One Leaf, in legible Cha- and on Persons racters, his or her Name and usual Place of Abode or Business, publishing the and every Person who shall publish or disperse, or assist in pub- same.

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lishing or dispersing, any printed Paper or Book on which the Name and Place of Abode of the Person printing the same shall not be printed as aforesaid, shall for every Copy of such Paper so

printed by him or her forfeit a Sum not more than Five Pounds : Proviso. Provided always, that nothing herein contained shall be construed

to impose any Penalty upon any Person for printing any Paper excepted out of the Operation of the said Act, either in the said

Act or by any Act made for the Amendment thereof. As to Books or III. And be it enacted, That in the Case of Books or Papers Papers printed printed at the University Press of Oxford, or the Pitt Press of at the Univer.

Cambridge, the Printer, instead of printing his Name thereon, shall sity Presses

print the following Words : “ Printed at the University Press,

Oxford,” or “ The Pitt Press, Cambridge," as the Case may be. No Actions for

IV. Provided always, and be it enacted, That it shall not be Penalties to be lawful for any Person or Persons whatsoever to commence, prosecommenced, ex

cute, enter, or file, or cause or procure to be commenced, proName of the secuted, entered, or filed, any Action, Bill, Plaint, or Information Attorney or So- in any of Her Majesty's Courts, or before any Justice or Justices licitor General

of the Peace, against any Person or Persons, for the Recovery of in England, or

any Fine, Penalty, or Forfeiture made or incurred, or which may the Queen's

hereafter be incurred under the Provisions of this Act, unless the Advocate in Scotland. same be commenced, prosecuted, entered, or filed in the Name of

Her Majesty's Attorney General or Solicitor General in that Part of Great Britain called England, or Her Majesty's Advocate for Scotland (as the Case may be respectively), and if any Action, Bill, Plaint, or Information shall be commenced, prosecuted, entered, or filed in the Name or Names of any other Person or Persons than is or are in that Behalf before mentioned, the same, and every Proceeding thereupon had, are hereby declared and the same

shall be null and void to all Intents and Purposes. Persons sued V. And be it enacted, That immediately after the passing of this before the pass- Act it shall be lawful for any Person against whom any original ing of this Act Writ, Suit, Action, Bill, Plaint, or Information shall have been for Penalties in- sued out, commenced, or prosecuted, on or before the Day of the the recited Act, passing of this Act, for the Recovery of any pecuniary Penalty or may apply to Penalties incurred under the said recited Act, to apply to the the Court or to Court in which such original Writ, Suit, Action, Bill, Plaint, or a Judge to stay Information shall have been sued out, commenced, or prosecuted, Proceedings

if such Court shall be sitting, or if such Court shall not be sitting upon certain Conditions.

to any Judge of either of the Superior Courts at Westminster, or to any Justice of the Peace before whom any such Plaint or Information shall be pending, or any Conviction shall have been had or obtained, or to any other Justice of the Peace acting for the same County, Riding, Division, City, Borough, or Place, as the Justice of the Peace before whom such Plaint or Information shall be pending or such Conviction shall have been had or obtained, for an Order that such Writ, Suit, Action, Bill, Plaint, or Information shall be discontinued, or such Conviction be quashed, upon Payment of the Costs thereof out of Pocket incurred to the Time of such Application being made, such Costs to be taxed according to the Practice of such Court, or in case of any Proceeding before a Justice, to be taxed and ascertained by such Justice; and every such Court or Judge, or Justice of the Peace, as the Case may be, is hereby authorized and required, upon such Application, and

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