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Copy of such Petition, Schedule, Order, Judgment or other Pro

Copy Evidence ceedings, as the case may be, without being written on Stamp without Stamps. Paper, shall at all times be admitted, in all Courts whatever, as legal Evidence of the same respectively.

Prisoners may, after Discharge,

be examined on Application of Assignees.

Refusing to appear, or to answer Questions, may be committed.

+ Sic.

Warrant to state Cause of Commitment,

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LV. And Whereas the Estates, both Real and Personal, of any Prisoner who may be discharged by virtue of this Act, may 'not be sufficiently described or discovered in the Schedule before 'directed to be delivered on Oath by such Prisoner, or the Assistance of such Prisoner may be necessary to adjust, make out, ' receive or manage his Estate or Effects, for the Benefit of his or her Creditors;' Be it therefore enacted by the Authority aforesaid, That it shall and may be lawful to and for the Assignee and Assignees of the Estate and Effects of any such Prisoner, who shall obtain his or her Discharge in pursuance of this Act, from time to time to apply to the Court to be established by virtue of this Act, that such Prisoner may be further examined as to any Matters or Things relating to his or her Estate and Effects by such Court; and in case such Prisoner shall neglect or refuse to appear before such Court to be examined by such Court, if the Court shall think fit so to order, or appearing before such Court shall refuse to be sworn, or to answer such Questions as shall be put to him or her, relating to the Discovery of his or her said Estate and Effects, then and in any of such cases it shall be lawful for such Court, by Warrant, to commit such Prisoner so offending to the Common Gaol of any County or Place, there to remain without Bail or Mainprize until such Time as he or she shall submit himself or herself to such Court, and answer upon Oath or otherwise as shall be required, to all such lawful Questions as shall by such Court be put or ordered or † to be put to him or her, for the Purposes aforesaid.

LVI. Provided always, and be it enacted, That each and every such Warrant shall expressly state the Cause for which the said Prisoner shall have been so committed, and that a Copy thereof shall be given to every such Prisoner, and that it shall and may be lawful to every such Prisoner to apply by Petition to such Court, praying to be brought either before the Assistant Barrister or before such Court according to the Tenor of the former Order of On submitting, the said Court and to be examined as aforesaid; and every such Defaulters freed Prisoner submitting himself or herself to the said Court, and from Contempt. answering upon Oath or otherwise, as shall be required, to all such lawful Questions as shall by such Court be ordered to be put to him or her for the Purposes aforesaid, shall thereby be freed and cleared from the Contempt for which he shall have been committed.

Assignees to be examined Six Months after Appointment, and Money in Hand ordered to be paid into Bank.

LVII. And be it further enacted, That the said Court for the Relief of Insolvent Debtors, or any one Commissioner of the said Court, shall immediately after the End of Six Calendar Months next after the Appointment of an Assignee or Assignees under this Act, at the Request of any one or more Creditor or Creditors, summon such Assignee or Assignees before such Court or Commissioner, and examine such Assignee or Assignees upon Oath or otherwise, touching his, her or their Receipts and Payments, and shall thereupon order the Money in the Hands of such Assignee or Assignees to be paid into the Bank of Ireland, to the

Dividends remaining in Hand for

Twelve Months to be paid into Bank;

;

Credit of such Matter, with the Privity of the Chief Clerk of the said Court, and that such Dividend be made of the Estate and Effects of such Prisoner as the said Court may think proper; and in case any Dividend or Dividends shall remain in the Hands of such Assignee or Assignees for the Space of Twelve Months next following the declaring thereof, it shall and may be lawful to and for such Court, and such Court, or any one Commissioner thereof, is hereby authorized to order and direct that such unclaimed Dividend or Dividends shall be immediately paid into the Bank of Ireland as aforesaid; and in Default of Payment of such Dividend or Distress. or Dividends by the Time by the said Court to be for that Purpose limited, it shall and may be lawful to and for the said Court to order such summary Remedy for the Purpose of a Distress and Sale of the Goods and Chattels of such Assignee or Assignees, in the Name of such Creditor as shall desire the same, as to the said Court shall seem proper; and if no sufficient Distress can be found, If no Distress, then and in such case the said Court shall be at liberty to commit Imprisonment. the Offender to the Common Gaol or House of Correction, without Bail or Mainprize, there to remain until the said Court shall make other Order to the contrary.

LVIII. And be it further enacted, That all and every Sum and Sums of Money which under the Provisions of this Act shall be lodged in the Bank of Ireland, shall be so lodged with the Privity of the Chief Clerk of the said Court for the Relief of Insolvent Debtors, to the Credit of the Matter in which the same shall be so lodged; and the same shall be subject to the Orders of the said Court, and shall from time to time, as Justice shall require, be drawn out of the said Bank by the Drafts of the said Chief Clerk, drawn under and in pursuance of the Orders of the said Court, authenticated by Copies of such Orders respectively dated and signed by the said Commissioner of the said Court, which Copies shall remain, together with such Drafts, in the said Bank; and that any such Draft shall be void unless presented for Payment within One Calendar Month from the Date of such Copy of such Order, and the same shall be expressed in every such Order.

How Money paid into Bank Chief Clerk of the Court.

drawn out by

In Replevin on Distress, Avowry to set

forth Order of Court as

LIX. And be it further enacted, That if any Distress, made under the Authority of this Act, shall be replevied, it shall be sufficient for the Creditor in whose Name such Distress was made, in his Avowry to set forth a Copy of the Order of the said Court under which such Distress was so made, without any other Cause, Justification. Matter or Thing whatsoever, and the same shall be and be deemed, taken and held to be a good and sufficient Justification of such Distress, and to entitle such Creditor to Judgment, and his Costs, and a Writ of Retorno habendo.

LX. And be it further enacted, That in all cases in which the Costs how said Court is by this Act authorized to award Costs against any recovered. Person or Persons, it shall and may be lawful for the said Court to cause such Costs to be recovered from such Person or Persons in the same manner as Costs awarded by a Rule of any of the superior Courts at Dublin may be recovered.

LXI. And be it further enacted, That all Persons who have been or shall be discharged under any Act for the Relief of Insolvent Debtors, or under this Act, from Contempts of any Court for Nonpayment of Money or Costs, shall be deemed and taken to have 1 & 2 GEO. IV. Р

been

Persons discharged from Contempts for Nonpayment relieved from other Costs, &c.

Who deemed Creditors of auch Persons.

Proviso for
Proceedings in
Commissions of
Bankrupt.

Continuance of

Act.

Act altered, &c. this Session.

55 G. 3. c. 57. § 5.

No Duty on
Tonnage of
Vessels in Bal-

last engaged in
the South Sea
Trade.

been and to be discharged, not only from Costs ordered to be paid, but also from all Costs which such Persons would be liable to pay in consequence or by reason of such Contempts, or on paying the same; and also that all Persons from whose Demands for Costs any Persons shall be discharged by virtue of this or any former Act or Acts, shall be deemed and taken to be Creditors of such last mentioned Persons, and entitled to the Benefit of all the Provisions made for Creditors by this Act, or such Act or Acts. LXII. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to defeat the Proceedings on any Commission of Bankrupt which may be issued against any Prisoner who may claim the Benefit of this Act, before such Prisoner shall have obtained an Order for his Discharge under this Act; but that every such Commission shall have relation to avoid any Assignment of the Estate and Effects of any such Prisoner under this Act, as such Commission would have had to avoid any Assignment by such Prisoner if this Act had not been made, but not further or otherwise.

LXIII. And be it further enacted, That this Act shall continue in force until the First Day of August One thousand eight hundred and twenty six, and thenceforth until the End of the then next Session of Parliament, and no longer.

LXIV. And be it further enacted, That this Act, or any Part thereof, may be amended, altered or repealed by any Act or Acts to be made in this present Session of Parliament.

CAP. LX.

An Act for exempting Ships in Ballast in the South Sea Trade
from certain Tonnage Duties.
[23d June 1821.]

WHEREAS by an Act passed in the Fifty fifth. Year of the

Reign of His late Majesty King George the Third, intituled An Act to repeal the Provisions of former Acts granting exclusive Privileges of Trade to the South Sea Company, and to indemnify the said Company for the Loss of such Privileges, it is enacted, that there shall be raised, levied, collected and paid unto His Majesty, His Heirs and Successors, upon Ships or • Vessels, according to the Tonnage thereof, entering Outwards or Inwards at any Port within the United Kingdom to or from < any Port or Place within the Limits of the sole and exclusive Trade heretofore granted to the South Sea Company, a Duty of Customs of One Shilling and Sixpence upon every Ton Bur'then of every such Ship or Vessel: And Whereas it is expedient to exempt Ships and Vessels in Ballast only, entering Outwards or Inwards at any Port within the United Kingdom to or from any Port or Place formerly within the said Limits;' 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 Fifth Day of July One thousand eight hundred and twenty one, no Duty of Customs shall be charged or payable upon or in respect of the Tonnage of any Ship or Vessel in Ballast only, entering Outwards or Inwards at any Port within the United Kingdom to or from any Port or

Place

Place within the Limits of the sole and exclusive Trade heretofore granted to the South Sea Company; any thing in the before recited Act, or any other Act or Acts, to the contrary notwithstanding.

CA P. LXI.

An Act to regulate the Appropriation of unclaimed Shares of Prize Money belonging to Soldiers or Seamen in the Service of the East India Company. [23d June 1821.]

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W HEREAS divers Sums of Money belonging to Officers

and Soldiers employed in the Service of the United Com< pany of Merchants of England trading to the East Indies, under and by virtue of divers Charters and Acts of Parliament, < authorizing them to raise and maintain a Military Force in the • East Indies, and other the Parts mentioned in such Charters, or some of them; and divers other Sums of Money belonging to Commanders, Officers and Crews of Ships hired by or belonging to the said United Company, which said several Sums of Money ‹ have arisen from, or have become distributable in respect of • Services in War, now remain and are in the Hands of Prize Agents and other Persons: And Whereas it is expedient that ‹ all unclaimed Shares of such Money should be appropriated as < hereinafter is provided;' 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 all and every Shares and Share of Booty, Prize Money, Head Money, Bounty Money and Salvage Money, and of Money arisen from or distributable in respect of any Capture or other warlike Service whatsoever, belonging to Officers or Soldiers, or to any Officer or Soldier in, or having been in the Service of the said Company, in whatever Service the same may have accrued, now remaining in the Hands of any Prize Agent or Agents, or any other Person or Persons whomsoever, shall be paid over to the said United Company in London, or at any of their Settlements abroad, according to the Residence of the Party or Parties paying the same, or as the Court of Directors of the said United Company shall direct; and all Sums of Money, when so paid over, shall be applied Application of to the Fund established by the Right Honourable Robert late Lord the Money so Clive, for the Relief of Persons and the Widows of Persons in the paid over,

Military Service of the said United Company, commonly called "Lord Clive's Fund," for the Purpose and Objects of the said Fund, according to the Rules and Regulations for the time being thereof; subject nevertheless to be refunded without Interest to any Person or Persons entitled to the same, and establishing his, her or their Claim or Claims thereto, to the Satisfaction of the Court of Directors of the said Company, or of the Governor and Council of the Settlement where the same shall have been paid over to the said Company.

II. And be it further enacted, That all and every Shares and Share of Booty, Prize Money, Head Money, Bounty Money and Salvage Money, and of Money arisen from or distributable in respect of any Capture or other warlike Service whatsoever, belong ing to Commanders, Officers, Sailors or other Persons, or to any Commander,

P 2

Prize Money, &c. belonging to Soldiers, remaining in Hands of Agents and others, to be paid over to

the East India Company.

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Prize Moneý, &c. belonging

to Seamen, in the Hands of

Agents and others, to be

East India

Company.

paid over to the Commander, Officer, Sailor or other Person, serving or who may have served on board of any Ship or Vessel in the Service of the said Company, whether hired or belonging to the said Company, in whatsoever Service the same may have accrued, now remaining in the Hands of any Prize Agent or Agents, or any other Person or Persons whomsoever, shall be paid over to the said United Company in London, or at any of their Settlements abroad, according to the Residence of the Party or Parties paying the same, or as the Court of Directors of the said United Company shall direct; and all Sums of Money when so paid over shall be applied to the Hospital Fund established for the Relief of Persons and Widows of Persons belonging to Ships and Vessels in the Service of the said United Company, commonly called "Poplar Hospital," for the Purposes and Objects of the said last mentioned Fund, according to the Rules and Regulations for the time being thereof; subject nevertheless to be refunded without Interest to any Person or Persons entitled to the same, and establishing his, her or their Claim or Claims thereto, to the Satisfaction of the Court of Directors of the said Company, or of the Governor and Council of the Settlement where the same shall have been paid over to. the said Company.

Application of such Money.

Times within which such Payments are to be made.

Agents and other Persons

to deliver upon

Oath Accounts of unclaimed

Monies remain

ing in their Hands.

The Court of
Directors and
Governments
abroad em-

powered to call
upon Agents,

III. Provided always, and be it further enacted, That all Money hereby directed to be paid over to the said United Company, and which shall be to be paid over in London, shall be paid within Six Calendar Months next after the passing of this Act; and all such Money which shall be to be paid over at any of the Settlements abroad of the said United Company, shall be paid within Six Calendar Months next after the Governments at the said Settlements respectively shall have caused the Provisions of this Act, in that respect, to be notified in the Way in which General Orders for the Army are usually published at the said Settlements respectively.

IV. And be it further enacted, That all and every Person and Persons whomsoever, who are required by this Act to pay over any Money to the said United Company, shall, and they are hereby required, without further Requisition or Notice, to deliver or cause to be delivered to the Secretary of the said United Company in London, or to the several Secretaries of the respective Governments at the Settlements abroad where such Money shall be to be paid over to the said United Company respectively, a true and correct Account of all the Monies remaining in his or their Hands, and so to be paid over, with a List or Lists of the Names, Rank, Regiment or other sufficient Description of the Persons entitled thereto, which Account and Lists shall be verified by the Affidavit on Oath of the Party or One of the Parties required to deliver the same, such Oath to be taken before any Magistrate or other Person authorized by any Court of Law or Equity to administer Oaths, and which Oath such Magistrate or other Person is hereby required to administer accordingly.

V. And be it further enacted, That upon the reasonable Request and Notice of the Court of Directors of the said United Company, and the Governments of the Settlements of the said Company abroad respectively, all and every Person and Persons whomsoever who are required by this Act to pay over any Money

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