Imatges de pàgina
PDF
EPUB

accordingly: Provided nevertheless, that in case at any public auction to be held for the sale or disposition of any public works, interest, property, or effects whatsoever, by order of the said Commissioners, under the powers of any of the said recited Acts or of this Act, the same public works, interest, property, or effects shall be bought in by or by the order of the Commissioners, in consequence of the highest bond fide bidding at such auction for such public works, interest, property, and effects not being equal to the amount of principal, interest, or other monies for the time being remaining owing on the security of such public works, interest, property, and effects, then and in such case it shall and may be lawful for such Commissioners, at any time thereafter, to sell and dispose of the same public works, interest, property, and effects, either by public auction or by private contract, upon such terms, and under and subject to such conditions of sale, or other conditions, stipulations, and agreements, as they the said Commissioners may think proper or deem expedient for the purpose of insuring the completion or carrying on of such public works by the purchaser or purchasers thereof, with a view to the public good or general benefit, or for any other purpose, notwithstanding such conditions of sale, or other conditions, stipulations, and agreements, may be considered prejudicial to such re-sale, or may not be beneficial to the persons, parties, bodies corporate, politic, or collegiate, or companies, making such mortgage, assignment, or charge aforesaid, or otherwise interested in such public works, interest, property, and effects, in like manner in all respects as if such public works, interest, property, and effects were the absolute property of the said Commissioners, or such persons, parties, bodies corporate, politic, or collegiate, or companies, as aforesaid, were in all respects foreclosed from all right or equity of redemption of or in respect of the premises so sold or disposed of.

XXI. That whenever the said Commissioners shall, under or in pursuance of any of the powers or authorities of the said recited Acts or of this Act, have entered into the receipt of any rates, tolls, duties, issues, or profits comprised in any mortgage, assignment, or other charge, already executed or hereafter to be executed, arising from any public work, interest, property, or effects, or into possession of any public works, interest, property, or effects comprised in any mortgage, assignment, or other charge, already executed or hereafter to be executed under the provisions of the said recited Acts or of this Act, and the rates, tolls, duties, issues, and profits of such works, interest, property, or effects respectively, shall not be sufficient to pay and keep down the current expenses of the working, keeping, and maintaining the same open and in repair, together with the arrears of instalments of principal or interest for the time being accrued due on such mortgage, assignment, or other charge, it shall and may be lawful for the said Commissioners, with the consent of the Commissioners of Her Majesty's Treasury, testified by their warrant under the hands of three or more of them, to order and direct the works and property from whence any such rates, tolls, duties, issues, and profits comprised in any such mortgage, assignment, or other charge shall arise, or any such other works, property, and effects, to be broken up, taken down, pulled to pieces, or otherwise destroyed, and to sell the materials thereof or of any part thereof, and the sites thereof, and other the articles, property, and effects belonging thereto, either together or in parcels, and either by public auction or by private contract, and under and subject to such conditions of sale, and in such manner in all respects, as they the said Commissioners of the said recited Acts and of this Act shall deem expedient or think proper, or otherwise to authorize the purchaser or purchasers of such works, property, and effects, or any of them, their or his heirs, executors, administrators, or assigns, with the like consent of the said Commissioners of Her Majesty's Treasury, and to be so testified as aforesaid, to break up, take down, pull to pieces, or otherwise destroy, and to sell, use, or otherwise employ, the materials and sites thereof, in such manner in all respects as they respectively shall think proper, without such Commissioners of the said recited Acts and of this Act, or their secretary, or other person or persons, performing such order or direction as aforesaid, or such purchaser or purchasers as aforesaid, his or their heirs, executors, administrators, or assigns, being in anywise liable in damages or otherwise to any person or persons whomsoever, for their or his so breaking up, taking down, pulling to pieces, or otherwise destroying such works or any of them.

XXII. That the words "Commissioners of Her Majesty's Treasury," or "of the Treasury," whensoever used in this Act, shall be construed to mean any three or more of such Commissioners, or the Lord High Treasurer of the United Kingdom of Great Britain and Ireland.

XXIII. That this Act may be amended or repealed by any Act to be passed during the present session of Parliament.

CAP. X.

AN ACT to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and to extend the Time limited for those Purposes respectively until the Twenty-fifth Day of March One thousand eight hundred and forty-three; and for the Relief of Clerks to Attornies and Solicitors in certain Cases.

By this ACT,

(22nd April 1842.)

1. Persons who have omitted to qualify themselves as required by 1 Geo. 1. st. 2. c. 13, 13 Car. 2. st. 2. c. 1, 25 Car. 2. st. 2. c. 2, 30 Car. 2. st. 2, 8 Geo. 1. c. 6, 9 Geo. 2. c. 26, 18 Geo. 2. c. 20, 6 Geo. 3. c. 53, 9 Geo. 4. c. 17, 10 Geo. 4. c. 7, indemnified and allowed further time.

11. Indemnity to those who have omitted to make and subscribe the oath and declaration required by the Irish Act of 2 Ann. III. Not to indemnify persons against whom final judgment has been given.

IV. Not to exempt Justices acting without legal qualification.

v. Admissions to corporations may be stamped after the time allowed.

VI. Indemnity to persons who have paid the duties on indentures to serve as clerks to attornies, &c., but have neglected to cause affidavits thereof to be made.-Neglect of attornies, &c. in taking out their annual certificates not to disqualify the persons who have served them.

VII. Defects in the service, &c. of attornies not to disqualify persons who have served them.

VIII. Applications for striking attornies off the roll for defect in articles, &c. to be made within twelve months.

IX. The word "months" in 7 Geo. 4. c. 44. to mean calendar months.

x. Indentures, &c. may be stamped before last day of Michaelmas term, 1842, if application was made therefor within six calendar months from the dates thereof.

XI. Not to restore persons to any office avoided by judgment.

XII. General issue may be pleaded in actions, &c. and special matter given in evidence.

CAP. XI.

AN ACT for appointing Commissioners to inquire as to the Issue, Receipt, Circulation, and Possession of certain forged Exchequer Bills.

ABSTRACT OF THE ENACTMENTS.

(22nd April 1842.)

1. Commissioners to be appointed.

2. Commissioners to be sworn.

3. Secretary and clerks to be appointed. 4. Place of meeting.

5. Inquiry by the Commissioners.

6. Reports to be laid before Parliament.

7. Power to send for persons, papers, &c.-No person compellable to answer any criminating question.

8. Commissioners may give any person a certificate of his having made a true disclosure of the matters examined upon; which shall be a full indemnification and discharge.

9. Writs of habeas corpus may be granted for bringing up persons in custody to be examined.

10. Commissioners to examine on oath.

11. Penalty for non-attendance or refusing to give evidence.

12. Penalty for false swearing.

13. Limitation of actions.

14 Act may be amended or repealed.

By this ACT,

After reciting that certain documents purporting to be Exchequer bills have been presented at the Exchequer for examination, and have been there detained as forged, and there is reason to believe that other forged and fraudulent documents purporting to be Exchequer bills have been put into circulation, and are now holden by divers persons, who claim to have become possessed thereof bona fide, and for a full and valuable consideration: and that it is highly expedient for the public service that an inquiry should be made by Commissioners, to be specially appointed for that purpose, into the manner whereby such documents were made and issued, and in which the same came into the possession of the parties by whom they may now be holden:

It is Enacted,

1. That the Right Honourable William Earl of Devon, Henry John Stephen Esq., Serjeant at Law, and Robert Mitford Esq. be constituted and appointed Commissioners of Inquiry for the purpose of this Act; and in case of the death, resignation, refusal, or becoming incapable to act of any of the said Commissioners, and then as often as the same shall happen it shall be lawful for Her Majesty, by a commission under the Great Seal of Great Britain, to constitute and appoint a person to be a Commissioner of Inquiry for the purpose of this Act in the place of the Commissioner so dying, resigning, refusing, or becoming incapable to act.

II. That every Commissioner appointed in pursuance of this Act shall before beginning to act in the execution of the commission, take the following oath before the Lord Chief Justice of the Court of Queen's Bench, the Lord Chief Justice of the Court of Common Pleas, or the Lord Chief Baron of the Court of Exchequer; (that is to say,)

'I A. B. do swear, That I will truly and faithfully execute the Powers and Trusts vested in me by an Act, intituled [here set forth the Title of this Act], according to the best of my Knowledge and Judgment. So help me GOD.'

III. That the said Commissioners shall have power to appoint, and at their pleasure to dismiss, a secretary, and so many clerks, messengers, and officers as shall be thought necessary by the Commissioners of Her Majesty's Treasury.

IV. That the said Commissioners shall meet from time to time in some convenient place or places to be appointed for that purpose, in London or Westminster, by the Commissioners of Her Majesty's Treasury; and the said Commissioners of Inquiry shall give notice of their appointment, and of their place or places of meeting, in the London Gazette.

v. That the said Commissioners shall by all such lawful means as to them may appear best, with a view to the discovery of the truth, inquire into the case of every owner or holder of any of the documents purporting to be Exchequer bills which are mentioned and described in the schedule hereunto annexed, and also any other such documents as shall be referred to them by the Commissioners of Her Majesty's Treasury, and shall from time to time report to Her Majesty the evidence which shall be taken by them, and what they shall find concerning the manner of the issue, circulation, deposit, or possession of every such document, and especially in what manner the owners or holders of such documents received the same, whether in exchange for other bills, and if so, in what manner such exchange was made; or whether by purchase in open market or otherwise, and if so, at what rate of purchase; or whether by way of deposit as securities for loans of money, and if so, at what rate of interest, and for what time such loans were made, and whether such loans were renewed, and if so, how often, and for what time; and also, whether the owners or holders of such documents received the same in the usual course of business, and whether they employed any and what means of inquiry into the genuineness of such documents; and all other matters and things whereby, in the opinion of the said Commissioners, the truth may be better known touching the premises.

VI. That every report which the said Commissioners shall make to Her Majesty in pursuance of this Act, with the exception of any part of the evidence which the Commissioners of Her Majesty's Treasury may deem it essential for the public interest to withhold, shall be laid before Parliament within one calendar month next after such report shall be made, if Parliament shall then be sitting, or if not, then within one calendar month next after the then next meeting of Parliament.

VII. That the Commissioners to be appointed in pursuance of this Act shall be authorized, by a summons under their hands and seals, or under the hand and seal of any one of them, to require the attendance before them, at a time mentioned in the summons, of any person or persons whomsoever, competent, or whom the said Commissioners shall believe to be competent, to give evidence upon any question depending before them, and require all persons to bring before them such books, papers, deeds, and writings relating thereunto, as shall be necessary for carrying into execution the purposes of this Act; all which persons shall be required to attend the said Commissioners according to the tenor of the summons; provided that no person shall be compellable to answer any question, or to produce any book, paper, deed, or writing, the answer to which or the production of which may criminate or tend to criminate such person, or to expose such person to any pains or penalties. VIII. Provided and enacted, That it shall be lawful for the said Commissioners, at their discretion, to give to any person examined before them a certificate in writing, stating that such person has upon his or her examination made a true and faithful disclosure touching all acts or matters to which he or she has been so examined; and such person so receiving such certificate shall be and is hereby freed, indemnified, and discharged of, from, and against all penal actions, forfeitures, punishments, disabilities, incapacities, and all criminal prosecutions which he or she may have been or may become liable or subject to, or which he or she may have incurred or may incur, at the suit of Her Majesty, her heirs or successors, or any other person or persons, for or by reason or means of or in relation to any act, matter, or thing done or committed by such person in respect of any matter touching which he or she shall have been examined by the said Commissioners.

And after reciting that it is expedient to make provision for bringing persons detained in custody under civil or criminal process to be examined before the said Commissioners, touching such things as are necessary for the execution of the powers vested in them by this Act:

It is Enacted,

IX. That from and after the passing of this Act it shall be lawful for any Judge of Her Majesty's superior courts of common law at Westminster, at his discretion, upon the certificate of such Commissioners, or any two of them, that the evidence of any such person is necessary to the effective prosecution of the inquiries, or some of them, directed by this Act, to award a writ or writs of habeas corpus, for bringing any prisoner or prisoners detained in any gaol or prison in England before the said Commissioners of Inquiry, to be by them examined touching the matters aforesaid.

x. That the said Commissioners, or one of them, shall administer an oath, or, in the case of persons allowed by law to make affirmation instead of taking an oath, an affirmation, to all persons who shall be examined before them.

XI. That if any person upon whom any such summons shall be served by the delivery thereof to him or her, or by the leaving thereof at his or her usual place of abode, shall without reasonable cause, to be allowed by the said Commissioners of Inquiry, fail to appear before them at the time and place mentioned in the summons, or shall refuse to be sworn or make affirmation, (as the case may be,) or shall not make answer to such questions as shall be put to him or her touching any matter depending before the said Commissioners, or shall refuse or fail without reasonable cause (to be allowed by the said Commissioners) to produce and shew to the said Commissioners, any such books, papers, deeds, and writings, relating to any matter depending before them as shall be required by them as aforesaid, the said Commissioners, or the major part of them, shall have such and the like authority and powers in all respects touching any such person so failing to appear, or refusing to be sworn or to make affirmation, or not answering such questions as shall be put to him or her, or refusing to produce any such books, papers, deeds, or writings as aforesaid, as any of the superior courts in Westminster Hall, or any Judge of the said courts, may now by law exercise against any person for making default of appearance, or for refusing to be sworn or give evidence, on any issue joined in any action depending in any of the said courts.

XII. Declared and enacted, That every person who upon examination upon oath or affirmation before the said Commissioners of Inquiry shall wilfully give false evidence shall be liable to the pains and penalties of perjury.

XIII. That no action shall be brought against the said Commissioners or either of them, or any other person or persons whomsoever, for anything done in the execution of this Act, unless such action shall be brought within six calendar months next after the doing of such thing.

XIV. That this Act may be amended or repealed by any Act to be passed in this present session of Parliament.

VOL. XX.-STAT.

C

SCHEDULE to which this Act refers.

[graphic]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[blocks in formation]
[ocr errors][ocr errors]
[blocks in formation]
[blocks in formation]
[subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][ocr errors][subsumed][subsumed][subsumed][ocr errors][ocr errors][subsumed][subsumed][ocr errors][ocr errors][subsumed][subsumed][ocr errors][subsumed][subsumed][ocr errors][subsumed][subsumed]

*£5,000 paid into the Bank of England as part of the Scrip, and included in the Bills received by the Paymasters of Exchequer Bills.

[ocr errors]

A SIMILAR STATEMEnt of InstrumeENTS presented on 27th Oct. 1841, and returned to the Parties with a Notification that they did not coincide with the Counterfoils.

[blocks in formation]

A SIMILAR STATEMENT of INSTRUMENTS reported by the Parties to the Comptroller General, Duplicates of which have been

Name of Party.

verified as genuine.

[merged small][merged small][merged small][ocr errors]
[blocks in formation]

A STATEMENT of INSTRUMENTS purporting to be EXCHEQUER BILLS for 1,000l. each, deposited at the TREASURY by MR.

[blocks in formation]
« AnteriorContinua »