VIII. And be it further enacted, That nothing in this Act con- Proviso as to Candidates tained shall cause any Candidate at an Election for any County, being liable to City, Town or Borough, to be liable to the Payment of any Charge Expence ator Charges for the Expences attending the Execution of any Writ tending Exeor Precept for holding an Election, to which he was not liable pre- cution of Writ, vious to the said Act of the First Year of the Reign of His present &c. 1 G. 4. Majesty; except for such additional Places of Polling, and addi- c.11. tional Deputy Clerks of the Peace, and Deputy Assistant Clerks of the Peace, as are by the said Act required to be provided. SCHEDULE (A.) CHARGES for executing a Writ or Precept for holding an Election. For providing each Place of Polling or Booth, for Commis- Such Place of Polling or Booth being in a Public Building, For the Assessor to the Returning Officer, for attending the Election, and for the First Day's Polling, a Sum not exceeding For each subsequent Day's Attendance, a Sum not exceeding For each Poll Clerk, for each Day's Polling, a Sum not exceeding For each Deputy Clerk of the Peace, for each Day's Poll- For each Assistant Deputy Clerk of the Peace, for each For each Interpreter, for each Day's Attendance at a Poll The said Allowances to cover all extra and incidental Ex- sons. For all incidental Expences, such as Indentures, Stamps, Poll Books, Advertisements, Stationery, and all other Expences belonging to the Execution of a Writ or Precept for holding an Election, a Sum not exceeding the Rate of Three Pounds for each Place of Polling. SCHEDULE (B.) PAYMENTS which a Candidate may make at an Election to his Counsel, Agents, Lord Lieu. tenant may CAP. LIX. An Act for the Relief of Insolvent Debtors in Ireland. W HEREAS, notwithstanding the occasional Acts which have, from time to time, passed for the Relief of Insolvent Debtors, and the Discharge of many Prisoners, for small • Debts, by charitable Donations, great Numbers of Persons generally remain confined for Debt in different Prisons in Ireland; and it is therefore desirable to make a permanent Provision for the • Relief of Insolvent Debtors in Ireland, under certain Restrictions: And Whereas the Duty of discharging Insolvent Debtors, 'heretofore principally executed by His Majesty's superior Courts ' and the Judges of Assize in their respective Circuits, has caused great Obstruction and Delay, in many Instances, of the ordinary Business of the said Courts and Judges; and it is deemed expedient that the Jurisdiction in all Matters of Insolvents should ' be exclusively vested in a Court to be constituted for that Purpose in manner hereinafter mentioned;' 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 from and after the passing of this Act, it shall be lawful for the Lord Lieutenant, or other Chief Governor or Governors Relief of In with Power to appoint Officers under Direction of Lord Chancellor, &c. of Ireland, to appoint any Number of Persons not exceeding appoint Two Two, being Barristers at Law of Ten Years' standing at the least, Barristers to be and who shall have actually practised Ten Years, and shall not at the Commisthe Time of their respective Appointments to such Office have sioners for the retired from Practice in His Majesty's Courts of Law in Dublin solvents to prefor more than Two Years, to be His Majesty's Commissioners for side in the Iuthe Relief of Insolvent Debtors in Ireland; and to preside in a solvent Court; Court to be called the Court for Relief of Insolvent Debtors, which shall be a Court of Record for the Purposes of this Act, and which Court shall and may be held at such Place in Dublin as shall be appointed for that Purpose by the Order of the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being; and that when and so soon as the said Appointments shall have been notified in the Dublin Gazette, such Court shall be deemed to be fully constituted and established; and that such Court shall have Power to appoint a chief Clerk, a provisional Assignee, a Receiver, and such inferior Officers as the Lord Chancellor and the Chief Justices of the Courts of King's Bench and Common Pleas, and the Chief Baron of the Exchequer, shall judge to be necessary, and in such manner as they shall direct, with such Salaries not to exceed in the whole the Sum of Two hundred Salaries. Pounds per Annum, the same to be charged upon and payable out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, without Deduction, and in such manner as the said Commissioners, with such Approbation, shall direct; and it Powers of the shall be lawful for the said Court, or either of the Commissioners, acting under the Powers of this Act, to adjourn any Meeting under this Act as often as the said Court or Commissioner shall think necessary; and to administer Oaths, and to examine all Parties and Witnesses upon Oath, for the Purposes of this Act; and such Court shall have such like and the same Powers for Examination compelling the Attendance of Witnesses, and of requiring and and Attendance compelling the Production of Books, Papers and Writings, as of Witnesses. now are possessed by any of the superior Courts in Dublin; and to Production of order any Prisoner who shall have petitioned for Relief under this Books and Act, or any Prisoner who shall be a necessary and material Witness Papers. in any Matter pending in the said Court, or before any Commissioner thereof, to be brought before the said Court or such Commissioner, as often as the said Court or such Commissioner shall think fit; and that the said Court, or any Commissioner Contempt of thereof, shall also have the Power of committing all Persons guilty Court. of any Contempt of the said Court, to His Majesty's Prison of Kilmainham, or to the common Gaol of any County in which such Person shall be, and the Power of fining in a summary Way, or removing any of the Officers of the said Court, who shall be guilty of any Negligence, wilful or unnecessary Delay, or other Court. Misconduct whatsoever: Provided always, that the said Court shall Restriction as this Act: Provided also, that nothing herein contained shall extend Witnesses paid for ! ! Sittings of the Commissioner not to practise Salaries to not to exceed for Expences for his Attendance, as, in the Judgment of the said Commissioners, shall appear to be reasonable. II. And be it further enacted, That the said Court shall sit for the Dispatch of Business from Day to Day, Sundays, Christmas Day, and Good Friday only excepted, so long as any Part of the Business of the said Court shall be ready; and such Court shall not at any Time be adjourned for any longer Time than One Week; and One of the said Commissioners shall constantly attend the Sittings of the said Court for the Purposes of this Act. III. And be it further enacted, That so long as any Person shall hold the Office of a Commissioner of the said Court for the Relief of Insolvent Debtors, under the Provisions of this Act, such Person shall not practise or be capable of practising as a Barrister in any Court, or in Conveyancing or giving Opinions, or in any other Manner whatsoever. IV. And be it further enacted, That there shall be paid to the Commissioners several Persons who shall, from time to time, hold the Office of such Commissioners for the Relief of Insolvent Debtors under this Act, out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, at the Receipt of His Majesty's Exchequer in Ireland, after Payment of all Sums charged on the said Consolidated Fund by any former Act of Parliament, such yearly Salaries or Sums of Money as the Lord Lieutenant or other Chief Governor or Governors of Ireland shall think fit to direct, not exceeding the Sum of Two thousand Pounds to any one of such Commissioners, and not exceeding in the whole the Sum of Four thousand Pounds, by equal Quarterly Instalments; (that is to say,) on every Fifth Day of January, Fifth Day of April, Fifth Day of July and Tenth Day of October, in each and every Year, the same to be so paid without any Deduction for Pells or Poundage, or otherwise howsoever, and a Proportion of such Quarterly Payments shall be made from the Day of the Appointment of every such Commissioner, and until the Time of the Decease or Resignation of any such Commissioner, from time to time; and it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland also to direct that such Sum or Sums shall be paid out of the Consolidated Fund as may appear fit and necessary for defraying the Travelling Expences of such Commissioners in the Execution of their Duties under this Act. Their Travel- In case of Ab. sence of either of Commissioners, Lord Licutenant may rister to perform the Duties, &c. a Proportion of who shall have V. Provided also, and be it enacted, That if either of the said Commissioners shall, from Sickness or other reasonable Cause, have Occasion to be absent from the Business of the said Court, further or otherwise than as aforesaid, then and in every such case appoint a Bar- it shall and may be lawful to and for the Lord Lieutenant or other Chief Governor or Governors of Ireland to appoint a Person, being a Barrister at Law of Ten Years' standing at the least, to perform the Duties of such Commissioner during such Absence, and every such Person so appointed to perform the Duty of such Commissioner as aforesaid, shall, during the Continuance of such Deputation or Appointment, have all and every the Rights, Powers and Authorities, and be subject to all the Duties of such Commissioner under this Act; and every such Person who shall be so appointed to act during the Absence of such Commissioner as aforesaid, shall receive from the said Fund such Proportion, the Salary. and no more, of the Salary of such Commissioner for and during the Period of his Service, as shall be directed in and by the Warrant under which he shall be so appointed, and the Residue only of such Salary shall for such Period be payable to such Commissioner. VI. And be it further enacted, That the said Commissioners Commissioners shall not receive or be entitled to receive in the said Court for or Officers not the Relief of Insolvent Debtors, or otherwise as such Commis- to take Fees. sioners, any Fee or Fees of any Nature or Kind whatsoever, nor shall any Fee or Fees be receivable by any of the Officers of such Court, except by the Chief Clerk thereof; who is hereby em- Except Chief powered to receive and shall be entitled to demand and receive Clerk. from every Prisoner who may seek to be discharged by the said Commissioners, under the Provisions of this Act, the Sum of Five Shillings British, and no more, the same to be payable upon the presenting the Petition of such Insolvent, and also such Fees for Copies as are hereafter expressly allowed. VII. And for making provision to defray the Expences of Coals and Candles which may be consumed during the Sittings of the said Court established by this Act, and of Stationery necessary for the Purposes of this Act, and to defray the travelling Charges of such Clerks and Officers as may be necessary to accompany the said Commissioners or either of them in their said Circuit; Be it enacted, That the said Expences of Coals, Candles, Sta- Expences of tionery and travelling Charges, shall be in like manner defrayed Coals, Candles, and paid and payable out of the said Consolidated Fund, upon the Stationery, &c. several Quarterly Days before mentioned; provided that the Accounts thereof shall be first certified by the Chief Clerk of the said Court, and fiated by the said Commissioners, or One of them, and thereupon the same shall be paid at the Receipt of His Majesty's Exchequer in Ireland, to the Order of the said Commissioners, or One of them, in that Behalf. Persons in Custody for Debt, &c. may tition in a sumapply by Pemary Way for VIII. And be it further enacted, That when and so soon as the said Court for Relief of Insolvent Debtors shall be fully constituted and established, it shall be lawful for any Person, in any Part in Ireland, who shall be in actual Custody upon any Process whatsoever, for or by reason of any Debt, Damage, Costs, Sum or Sums of Money, or for or by reason of any Contempt of Discharge. any Court whatsoever, for Nonpayment of any Sum or Sums of Money, or of Costs taxed or untaxed, either ordered to be paid, or to the Payment of which such Persons would be liable in purging such Contempt, or in any Manner in consequence or by reason of such Contempt, at any Time within the Space of Fourteen Days next after such Court shall have been so fully constituted and established as aforesaid, or within the Space of Fourteen Days next after the Commencement of such actual Custody, or next after such Prisoner shall have been removed to the Marshalsea, or within such further Time as the said Court shall think reasonable, to apply by Petition in a summary Way to the said Court, established by virtue of this Act, for his or her Discharge from such Confinement, according to the Provisions of this Act; and in such Petition to state Petition shall be stated the Place wherein such Prisoner shall be Particulars then confined, the Time when such Prisoner was first charged in herein menCustody, together with the Name or Names of the Person or Per sons tioned. |