pends the recited ment of 30. at cable to a note suspended until the 1st day of May then next: and whereas the Recited act of said act of the 37 G. 3. hath by several subsequent acts been con- 37 G. 3. c. 32. tinued and is now in force until two years after the expiration of so far as susthe restriction upon payments in cash by the bank of England; and it is expedient that the same should be further continued; it is enacted that the said act of the 37 G. 3., so far as the same suspends the said act of the 17th year of the reign of his late majesty, shall be further continued until the 5th of January, 1833. Pruessing v. Ing, H. 1 & 2 G. 4. 4 B. & A. 204. Declaration on A promissory a promissory note, by which the defendant promised to pay to the note for the payplaintiff, three months after the date thereof, 30l. with lawful inte- three months rest from the date thereof. At the trial before HOLROYD J., at after date, with the last Middlesex Sittings, it appeared, upon the production of the interest from the note, that it was written on a stamp applicable to a 30%. note. It date, requires a was then objected, that inasmuch as the note was given for 30l., stamp appliwith lawful interest from the date thereof, it was in effect a security not exceeding for 30l. and 7s. 6d., three months interest thereon; and therefore, 301. within the 55 G. 3. c. 184. sched. part 1., was given for the payment of a sum exceeding 30%., and ought to have had a stamp of 3s. 6d. The learned Judge directed the jury to find a verdict for the plaintiff, with liberty for the defendant to move to enter a nonsuit; and on motion to set it aside; ABBOTT C. J. The stamp act imposes upon every promissory note for the payment, at any time exceeding two months after date, of any sum of money exceeding 201., and not exceeding 30l., a duty of 2s. 6d., and other duties upon other notes in proportion to the sums thereby secured. The object of the legislature was to impose a pro rata stamp duty upon the sum actually due at the time of taking the security, and not upon what might become due in future for the use of the money. The question, therefore, in this case is, what was the sum due at the time when the note was taken? For that is the sum secured. I am quite satisfied that the words "sum of money" in the act, mean the principal sum mentioned in the note, and not a sum compounded of principal and interest. A contrary decision would be most mischievous, and have the effect of avoiding many securities; for it has been the constant practice under similar provisions applicable to bonds in this and former stamp acts, to measure the stamp duty by the principal sum secured, although interest is always made payable from the date of the bond. I think, therefore, that this rule ought to be refused. R. R. a note payable more than 60 Sturdy v. Henderson, T. 2 G. 4. 4 B. & A. 592. Assumpsit A promissory upon a promissory note, dated July 7th, 1818, for 400l. payable two note, payable months after sight to S. B. J. or order. Plea, general issue. At two months the trial before ABBOTT C. J. at the last Guildhall Sittings, the after sight, renote, when produced, appeared to be upon a 6s. stamp. It was ob- quires a stamp jected, that this was a promissory note for the payment of money appropriated to at a time exceeding two months after date, or sixty days after sight, and that it required a stamp of 8s. 6d. The learned Judge, being of that opinion, directed a nonsuit. And on motion for a rule nisi to set this nonsuit aside, Per Curiam. This is a note payable more than two months after date; for the two months after sight do not begin to run from the day of the date, but from the day of the note being presented for sight, and that is the practice in bank post bills. This rule must, therefore, be refused. R. R. days after sight, or two months after date, date and sight not being in this case synony mous. 480 Receivers General. [See "Tares."] Defendant bethe 8th of June, ment for a libel, ing taken up on upon an indict entered into a recognizance to appear and plead within the first eight days of Trinity up the record, either for the sittings after Trinity or Mi Recognizance (Estreat.) [See 5 Burn, 6.] REX v. Clark. Same v. Same. E. 3 G. 4. 5 B. & A. 728. Bingham moved for a rule, calling upon the officer of the crownoffice, who had estreated the defendant's recognizances in these cases, to shew cause why the estreat should not be set aside for irregularity, and why he should not pay the cost occasioned thereby. It appeared that the defendant was taken up under a judge's warrant, issued against him upon an indictment found by the grand jury in this court in Easter term last, for publishing a blasphemous libel, and that he, on the 8th of June last, entered into the usual term, and to try recognizance, himself in 80l. and two sureties in 401. each, to apthe cause at the pear and plead within the first eight days of the then next Trinity sittings after term, and to try the cause at the Middlesex sittings after that that term. The term, and personally to appear upon the return of the postea, if defendant convicted, and in the meantime to be of good behaviour. To this pleaded not guilty, but did indictment he pleaded not guilty on the 23d of June. On the not give notices 29th of June, another indictment having been found against him of trial, or make by the grand jury in this court for a subsequent publication of the same libel, he pleaded not guilty thereto; and, on the 30th June, entered into a second recognizance, himself in 80l. with one surety in 801. for peremptorily proceeding to the trial of that indictment at the Middlesex sittings after Trinity term, and, in the meantime, for being of good behaviour. The defendant did not give notices of trial, or make up the records in either of these prosecutions, either after Trinity or Michaelmas terms, nor did he obtain any rules for respiting the estreating of the recognizances. The prosecutors, however, gave notices of trial after Trinity term; but there being no sittings at Westminster, the causes were not tried. In Michaelmas term they gave notices again, and made up the records for trial. The causes, after having been appointed for trial, were, in consequence of the pressure of business, made remanets to the sittings after H. T., upon the prosecutors' records. In H. T. the recognizances were estreated, (without any notice to the defendant, or any motion for that purpose made by the prosecutors,) in consequence of the defendant's default, in not giving notices and making up the records, either in Trinity or Michaelmas terms last. It was contended, on the part of the defendant, that the estreat was irregular, inasmuch as the records having been actually taken down for trial by the prosecutors, no default had been made or any motion by the defendant, who was ready and willing to be tried there. And, besides, in this case, the defendant had no notice of his de chaelmas term, nor were the recognizances respited. The prosecutors gave notice of trial after Trinity and Mi chaelmas term, but the causes were not tried. The defendant was ready and willing to take his trial on both these occasions. The recogni zances were estreated in Hilary term, without any notice to the defendant, by the prose Held, was regular. fault. Per Curiam.-It was the defendant's duty, in pursuance of cutor: his recognizances, to be prepared according to the practice of the that this estreat Court, to try at the sittings after Trinity or Michaelmas terms, and he was not so prepared, for he neither gave notice to the prosecutors, nor made up the records, on either occasion, and the prosecutors having done so is immaterial to the question. There was no necessity to give any notice to him that his recognizances would be estreated; for he was bound to take notice of the terms of his own recognizances. The rule must, therefore, be refused, the estreat being quite regular, and conformable to the ordinary practice of the Court. R. R. By stat. 3 G.4 c. 46. (a) § 1., after reciting stat. 22 & 23 C. 2. 3 G. 4. c. 46. c. 22., intituled An act for the better and more certain recovery of Preamble. fines and forfeitures due to his majesty, which act was made perpetual by stat. 4 & 5 W. & M. c. 24., any also an act passed in the 41st year of the reign of his late majesty Geo. 3., intituled An 41 G. 3. c. 85. act for better payment of fines and forfeitures imposed by justices out of sessions in England: and whereas great delays occur in the return of fines, issues, amerciaments, forfeited recognizances, sum and sums of money paid or to be paid in lieu or satisfaction of them or any of them, by or before any justices of the peace, or at any general or quarter sessions of the peace in that part of the U. K. called England: and whereas such delays impede the due administration of justice, as well as the recovery of the fines and forfeitures due to the crown thereupon, and it is therefore expedient that further provision should be made for the speedy and regular return of all such fines, issues, amerciaments, forfeited recognizances, and sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them; it is enacted, that from So much of reand after the 29th day of September, 1822, so much of the afore- cited acts as resaid act of 22 & 23 C. 2., as relates to fines, issues, and amercia- lates to fines, ments, forfeited recognizances, sum or sums of money paid or to &c. repealed. be paid in lieu or satisfaction of them or any of them, imposed and adjudged at any quarter sessions of the peace; and also such part of the aforesaid act of 4 & 5 W. & M. c. 24., as makes perpetual the aforesaid provisions contained in the said act of C. 2., and likewise so much of the said act 41 G. 3., as relates to the annual payment of all fines, forfeitures, and penalties, or such parts thereof as shall be due to the king, imposed and received by any justice out of sessions, and not made payable to any body or bodies corporate, or any commissioners of any public board, or any other person or persons, into the hands of the sheriff previous to the Michaelmas sessions; and also so much of the said act of the 41 G. 3. as requires such justices, previous to the Michaelmas sessions yearly, to transmit to the clerk of the peace or town-clerk where such fine was imposed, an account in writing of all such fines, shall be and are hereby repealed. § 2. Enacts, that from and after the 29th day of September, 1822, Statements of all fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them fines, &c. to be forwarded to the (a) The Public are indebted to my worthy and respected friend, Mr. NICOLSON CALVERT, (M. P. for Hertford,) for this and other excellent Acts, particularly the 1 G. 4. c. 56. (5 Burn, 643.)-Ed. SUPP. II 3 G. 4. c. 46. clerk of the peace by the jus tice by whom such fine, &c. is imposed. Clerk of the peace to copy on a roll such fines, &c. at quarter sessions, and send a copy of such roll, with writ of distrin gas, &c. to the sheriff, &c. Clerk of the peace or town clerk to make oath as to all fines, &c. which shall be paid. or any of them, (save and except the same shall, by virtue of any act or acts of parliament made or to be made, be otherwise directed to be levied, recovered, appropriated or disposed of), which already are or hereafter shall be set, imposed, lost, or forfeited by or before any justice or justices of the peace in that part of the U. K. called England, shall be and are hereby required to be certified by the justice or justices of the peace by or before whom any such fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, shall be set, imposed, lost, or forfeited to the clerk of the peace of the county, or town clerk of the city, borough, or place, in writing, containing the names and residences, trade, profession or calling of the parties, the amount of the sum forfeited by each respectively, and the cause of each forfeiture, signed by such justice or justices of the peace, on or before the ensuing general or quarter sessions of such county, city, borough, or place respectively; and such clerk of the peace or town clerk shall copy on a roll such fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, together with all fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them imposed or forfeited at such court of general or quarter sessions, and shall, within such time as shall be fixed and determined by such court, not exceeding 21 days after the adjournment of such court, send a copy of such roll, with a writ of distringas and capias, or fieri facias and capias, according to the form and effect in the schedule marked (A.) annexed to this act, to the sheriff of such county, or the sheriff, bailiff, or officer of such city, borough, or place having execution of process therein respectively, as the case may be, which shall be the authority to such sheriff of such county, or the sheriff, bailiff, or officer, as the case may be, for proceeding to the immediate levying and recovering of such fines, issues, amerciaments, forfeited recognizances, sum or sums of money to be paid in lieu or satisfaction of them or any of them, on the goods and chattels of such several persons, or for taking into custody the bodies of such persons, in case sufficient goods and chattels shall not be found whereon distress can be made for recovery thereof; and every person so taken shall be lodged in the common gaol until the next general or quarter sessions of the peace, there to abide the judgment of the said court. § 3. Enacts, that the clerk of the peace or town clerk shall, before he shall deliver the roll to such sheriff, bailiff, or officer, containing the fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, and is hereby required to make oath before any justice of the peace for the county, riding, city, borough, or place for which such clerk of the peace or town clerk shall act; which oath shall be indorsed on the back of the writ, or of the said roll attached thereto, such clerk of the peace or town clerk stating therein all such fines, issues, amerciaments, forfeited recognizances, sum or sums of money which shall have been paid or otherwise accounted for; and such oath shall be made in the form following: I make oath, that this roll is truly and carefully 3 G. 4. c. 46. made up and examined, and that all fines, issues, amerciaments, Form of oath. recognizances and forfeitures, which were set, lost, imposed or forfeited, and in right and due course of law ought to be levied and paid, are, to the best of my knowledge and understanding, inserted in the said roll, and that in the said roll are also contained and expressed all such fines as have been paid to, or received by me, either in court or otherwise, without any wilful or fraudulent discharge, omission, misnomer, or defect whatever. So help me God. § 4. Enacts, that each and every justice of the peace before whom any recognizance shall be entered into or taken, shall and is hereby required to give, or cause to be given, at the time of entering into such recognizance, to the person or persons, surety or sureties so entering into the same, and to each of them a written or printed paper or notice, in the form or to the effect stated in the schedule marked (B.) to this act annexed, adapting the same to the particular circumstances of the case: and each and every such justice shall in such recognizance state and particularly specify not only the profession, art, mystery, or trade of every person so entering into such recognizance, together with their christian name and names and surnames, but also the parish, township, or place of his or her residence; and in case such residence shall be in any city, town, or borough, shall also state and particularly specify the name of the street and number of the house (if any) in which such person shall reside, and also whether owner or tenant thereof, or lodger therein. Notice to be given to the Persons may ap peal to quarter sessions against fines, &c. upon § 5. Provides and enacts, that if any person on whose goods and chattels such sheriff, bailiff, or officer shall be authorized to levy any such forfeited recognizance, or sum of money to be paid in lieu or satisfaction thereof, shall give security to the said sheriff, giving security. bailiff, or officer for his appearance at the next general or quarter sessions, then and there to abide the decision of the court, and also to pay such forfeited recognizance or sum of money to be paid in lieu or satisfaction thereof, together with all such expenses as shall be ordered and adjudged by the Court, it shall be lawful for such sheriff, bailiff, or officer, and he is hereby authorised and required to discharge such person so giving such security out of custody, provided also, that in case such party so giving security shall not appear in pursuance of his undertaking, it shall be lawful for the Court forthwith to issue a writ of distringas and capias or fieri facias and capias, against the surety or sureties of the person so bound as aforesaid. § 6. Enacts, that the court of general or quarter sessions before whom any person so committed to gaol or bound to appear shall be brought, is hereby authorised and required to inquire into the circumstances of the case, and shall, at its discretion, be empowered to order the discharge of the whole of the forfeited recognizance, or sum of money paid or to be paid in lieu or satisfaction thereof, or any part thereof; and such order shall be made in the form or to the effect of the schedule marked (C.) to this act annexed, and shall be signed by the clerk of the peace, which said order shall be a discharge to such sheriff, bailiff, or officer, on the passing of his accounts at the exchequer, or before any auditor or Justices at quar ter sessions to hear and deterpeals. mine such ap |