Abbildungen der Seite
PDF
EPUB

have a Duplicate of every such Book, wherein all such Entries shall be truly copied.

Books contain

to be kept as di-
rected, and to be
delivered at
Stamp Office
Four Times in
each Year, at

the Periods
pointed out.

XVII. And be it further enacted, That in each and every of the said Courts there shall be kept Two Books, which shall be Tran- ing Entries of scripts of each other, or as nearly so as the Provisions hereinafter final Judgments contained shall permit, and that all the final Judgments of such Courts shall be entered in each of the said Books in the same Order and Form; and that the proper Officer of each Court shall Four Times in every Year, that is to say, within Ten Days after the First Day of each and every Term, deliver or cause to be delivered, between the Hours of Eleven of the Clock in the Forenoon and Three of the Clock in the Afternoon, at the Stamp Office in Dublin, to such Person as shall be appointed for that Purpose by the Commissioners of Stamps, one of the said Books, with the Judgments so entered therein in the Term and Vacation next preceding, together with a Certificate therein written and signed by him immediately after the last Entry therein, stating the Number of Judgments liable to any Stamp Duty under this Act entered therein within the said Term and Vacation, and the Amount of the Stamp Duties so payable thereon under this Act; and such Officer shall thereupon pay to the Person to whom he shall so deliver such Book, the full Amount of such Stamp Duties; and if the Sum so paid shall be found to be the Sum properly payable in respect of such Judgments in that Behalf, such Officer shall certify at the Foot of the Judgments then entered in such Book, that the proper Stamp Duty under this Act has been paid thereon; and thereupon such Book shall be stamped with one or more Stamp or Stamps of the Kind required by this Act, denoting the Payment of such Duty, and shall be returned without any unnecessary Delay to the proper Officer of such Court; and that the Title of Books. said Books shall be and be called "The Books of Final Judgments," in such Courts respectively.

XVIII. And be it further enacted, That in each and every of the said Courts there shall be kept Two Books, which shall be Transcripts of each other, or as nearly so as the Provisions herein contained shall permit, in each of which shall be entered the Particulars of all Judgments on the Record of which Satisfaction shall be entered, that is to say, the Names of the Cognizor and Cognizee in each Judgment, the Sum for which each Judgment may have been obtained, and the Term in or as of which each Judgment may have been entered up; and that the proper Officer of each Court shall Four Times in every Year, that is to say, within Ten Days after the First Day of every Term, deliver or cause to be delivered, between the Hours of Eleven of the Clock in the Forenoon and Three of the Clock in the Afternoon, at the Stamp Office in Dublin, to such Person as shall be appointed for that Purpose by the Commissioners of Stamps, One of the said Books, with such Entry of all the Judgments satisfied therein within the Term and Vacation next preceding, together with a Certificate therein written and signed by him, immediately after the last Entry therein, stating the Number of Judgments which may have been so satisfied, entered therein, within the said Term and Vacation, and the Amount of the Stamp Duties so payable thereon,

Ee 4

under

If proper

Duties paid, Books to be cordingly. stamped ac

Books contain

ing Entries of the Satisfaction of Judgments to be kept as directed.

One to be delivered Four

Times a Year at Stamp

Office.

[ocr errors]

If proper Duties paid, Books to be stamped accordingly.

under this Act; and such Officer shall thereupon pay to the Person to whom he shall so deliver such Book the full Amount of such Duties; and if the Sum so paid shall be found to be the Sum properly payable under this Act, in respect of the Entry of the Satisfaction of such Judgments, such Officer shall certify, at the Foot of such Entry or Entries then entered in such Book, that the proper Stamp Duty under this Act has been paid thereon; and thereupon such Book shall be stamped with one or more Stamp or Stamps of the Kind required by this Act, denoting the Payment of such Duty, and shall be returned without any unneTitle of Books. cessary Delay to the proper Officer of such Court; and that the said Books shall be and be called "The Satisfaction Judgment Entry Books," in such Courts respectively.

Interlocutory
Judgment

Books to be kept for the Entry of same

in each Court as

directed, and Certificate of Duties paid.

Transcripts of
Judgment

Books to be of
equal Force.

Duty of Offi

cers in keeping

such Books.

Regulations as to the Terms in which Books to

be delivered.

XIX. And be it further enacted, That there shall also be kept in every such Court Two Books, wherein the interlocutory Judg ments of such Court shall in like manner be entered; and which shall be called "The Books of Interlocutory Judgments," in such Court, and shall, from and after the Expiration of Ten Months next after the passing of this Act, be the only Books of interlocutory Judgments therein, and which shall, as far as possible, be exact Transcripts of each other, one of which shall be delivered at the time and in manner aforesaid respectively, and shall, when necessary, be forwarded as aforesaid; and every such Book, when so delivered, shall have such Certificate as aforesaid written mutatis mutandis, and signed therein as aforesaid, and the Amount of the Stamp Duty thereon under this Act shall be delivered therewith as aforesaid, and the same shall be examined, certified and returned as aforesaid, and the same shall be made and prepared, dealt with and disposed of, in every Respect in the same manner as concerning the Books of Final Judgments is hereinbefore provided; save only that interlocutory Judgments only, and not Final Judgments, are to be entered therein.

XX. And be it further enacted, That in each and every of the cases aforesaid the Books which shall be so Transcripts of each other shall be of equal Force and Validity, and both of them shall be, and be deemed, taken and considered to be, Originals, and neither of them, as to any Part thereof, be deemed, taken or considered as a Copy.

XXI. And be it further enacted, That the said Books shall be kept so as to agree as nearly as possible with each other; and that whenever any such Book shall be returned from the Stamp Office to the proper Officer, such Officer shall forthwith cause to be fairly and regularly written therein exact Transcripts of all Judgments in the said Court while such Book was out of his Possession, so as to correspond in that respect with the other of the said Books, which remained in his Possession.

XXII. And be it further enacted, That no such Officer shall deliver the same Book in Two successive Terms, but that One of the said Books shall be delivered as aforesaid in Hilary and Trinity Terms, and the other of said Books in Easter and Michaelmas Terms, in every Year, so as that such of the said Books as shall from Time to Time remain in the Hands of the proper Officer shall appear to have been inspected and stamped at the Stamp Office in its turn.

XXIII. And

1

such Book, or to enter Judgment, Penalty

501.

XXIII. And be it enacted, That if any such Officer shall Officers neglectneglect or omit so to deliver, or cause to be delivered, any ing to deliver such Book as aforesaid, at the times and in the manner hereinbefore required, or shall omit to make or cause to be made an Entry of any Judgment in any such Book as aforesaid, he shall for every such Neglect or Omission forfeit the Sum of Fifty Pounds; and if such Officer shall wilfully deface or destroy any False Entry, such Book, or make any false Entry therein, or shall, without the &c. 5001. Order of the Court or other competent Authority, erase or alter any Entry therein, or shall knowingly permit or suffer any of the said Matters to be done, he shall for every such Offence forfeit the Sum of Five hundred Pounds.

Books of En-
tries to be pro-
duced for In-

spection by
proper Officer
at Stamp Office,
within Ten
Days after the
each Term.

First Day of

XXIV. And be it further enacted, That every Officer of the said Courts, having the legal Custody of the several Books belonging to such Courts respectively, or any of them, wherein any Entry whatsoever shall be made relating to the Rules or other Proceedings or Judgments of such Courts, shall within the Ten Days after the First Day of each and every Term produce and bring every Duplicate Book of the Entry of Judgments, or of the Entry of Satisfaction of Judgments, required to be kept as herein mentioned, and every Original Book of any other Entry or Entries, subject to the Payment of any Stamp Duties, to some Person to be appointed for that Purpose by the said Commissioners of Stamps at the Stamp Office in Dublin; and every such Officer Certificate. so bringing any such Book shall insert therein, immediately after the last Entry therein, at the time of producing the same, a Certificate duly signed by him, stating the Number of such Entries made thereon or therein, in the Term and Vacation immediately preceding, as are subject to any Stamp Duty or Duties under

this Act; and every such Officer shall thereupon pay the full Duties to be Amount of all such Stamp Duties, for or in respect of all such paid and Books Entries therein respectively, and every such Book shall thereupon stamped. be stamped respectively, with the proper and appropriate Stamp or Stamps denoting the full Amount of the whole of the Stamp Duties under this Act so then paid in respect of the several Entries so made therein respectively in such preceding Term and Vacation, which Stamp or Stamps shall be as few in Number as can conveniently be, to denote the full Payment of the Amount of the said Duties in Pounds, Shillings and Pence, and shall be placed in the same Page or Place on which the Certificate of such Officer shall be written as aforesaid; and if any Officer of the said Courts shall neglect or omit to bring any such Book, or to furnish such Certificate therein, or to pay such Duties as aforesaid, or in case of any false Entry made therein, or in the Copy thereof, or in case of any Omission to make any true Entry or Copy in any such Duplicate Book of Judgments, then and in every such case every such Officer shall, in every such case, forfeit the Sum of Twenty Pounds; and in such case, Proviso where whenever such Book shall be produced at the said Stamp Office, no Certificate. if such Certificate shall not appear therein, the proper Officer of the said Stamp Office shall himself make the said Certificate, and on Payment of the Duties thereby appearing to be due under this Act, the said Book shall be duly stamped as aforesaid.

[ocr errors]

XXV. And

Officer neglecting to produce such Books, &c. or to pay Duties, &c.

Penalty 201.

Clerks, &c. so

acting that Offi

cers of Courts

shall be subject deemed guilty of Contempt.

Distinct
Monthly Ac-

counts kept by

Commissioners of Stamps of Duties, and Produce paid into Exchequer, and carried to Consolidated Fund.

Separate Ac

counts of

Duties, and of
Payments to
Judges, &c. in

lieu of Fees kept at Exchequer, and, with Accounts from Stamp Office, transmitted to Chief Secretary's Office, and laid

before Parliament annually.

XXV. And be it further enacted, That if at any time any Clerk or other Person, acting or employed in any Part of the Business of any of the said Courts, shall be guilty of any Neglect or Misconduct, by reason or means whereof any Officer of such Court respectively may be or become liable to any of the Penalties aforesaid, whether such Penalties shall be in fact levied or sued for, or completely incurred or not, then and in every such case every such Clerk or other Person shall be deemed guilty of a Contempt of such Court, and shall and may be attached and punished for the same at the Discretion of such Court, as usual in cases of Contempts.

XXVI. And be it further enacted, That a separate and distinct Account shall be kept by the Commissioners of Stamps, and by and under their Directions, of all Sums which shall from time to time be received by, from or under the said Duties so made payable by this Act; and Copies of such Accounts shall from time to time, that is to say, on the First Monday in every Calendar Month, and as much oftener as the Nature of the case shall admit of, be furnished to the Receiver General of Stamp Duties; and such Receiver General, as speedily as possible after receiving every such Account, shall, out of any Money in his Hands, or out of the first Money that shall come to his Hands, pay into the Receipt of His Majesty's Exchequer in Dublin what shall remain of all and every Sum and Sums appearing thereby to have been so received on account of the said Duties; and all and every Sum and Sums so paid into the Receipt of the said Exchequer shall be carried to and made Part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, until Provision shall be otherwise made by Parliament.

XXVII. And be it further enacted, That a separate and distinct Account shall be kept at the Receipt of His Majesty's Exchequer in Dublin, of all and every Sum and Sums so paid into the Receipt of the said Exchequer on account of the said Duties granted by this Act, and also of all increased Salaries and Allowances and Compensations which shall be paid out of the Consolidated Fund to the Judges of the superior Courts of Common Law in Ireland, and to any Officers of or in the said Courts, in lieu of any Fees, or in lieu of the Profits of any Offices which shall cease, determine or be abolished, under or by virtue of any Act or Acts to be passed in this present Session of Parliament; and that such Account, as also the Account by this Act required to be kept by the Commissioners of Stamps, of all Sums received on account of the Duties made payable by this Act, shall be transmitted by the proper Officer in the said Exchequer, and by the Secretary to the said Commissioners of Stamps, to the Office of the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland, within Fourteen Days next after the Fifth Day of January One thousand eight hundred and twenty two, and in like manner within Fourteen Days next after the Fifth Day of January in every succeeding Year, and shall be laid before both Houses of Parliament within One Month after such Fifth Day of January, if Parliament shall be then sitting, or otherwise within Fourteen Days after the then next Meeting of Parliament.

• XXVIII. And

[ocr errors][ocr errors]

6

Death of Prothonotaries to

be notified in the Gazette,

upon which

· XXVIII. And Whereas certain Állowances to a considerable Amount are to be payable to the Persons who heretofore held 'the Offices of Prothonotaries in the Civil Side of the Court of < King's Bench, and in the Court of Common Pleas, in Ireland, and are to terminate on the Deaths of the Survivors of the 'said Persons respectively; that is to say, One of the said Allowances to Lords Henry and Robert Seymour Conway, late Pro'thonotaries of the Civil Side of the Court of King's Bench; and the other of the said Allowances to Lord Viscount Northland, ' and the Honourable Vesey Knox, late Prothonotaries of the • Court of Common Pleas, in Ireland; and it is therefore reasonable that so much of the said Duties as may be sufficient to • countervail the said Allowances should cease at the Deaths of the Survivors of the said Persons respectively;' Be it therefore enacted, That as soon as the Death of the Survivor of them the said Lords Henry and Robert Seymour Conway, late Prothonotaries of the said Civil Side of the said Court of King's Bench, shall come to the Knowledge of the Commissioners of Stamps for the time being, in Ireland, they shall forthwith notify and certain Duties publish the same in the Dublin Gazette; and that from and after herein menthe Expiration of One Calendar Month from the Publication of tioned to cease. such Gazette, the Duties hereinafter immediately mentioned shall cease and determine, and shall be no longer payable; that is to say, the Duties of Five Shillings, Ten Shillings and One Pound, imposed by the Schedule to this Act annexed, on the Certificate of each and every Bill of Costs taxed by any Taxing Officer appointed to tax Bills of Costs in the Court of King's Bench, Common Pleas or Exchequer; and also the Duty of Eight Shillings imposed by the Schedule to this Act annexed, on any Writ or Process which shall issue out of or pass the Seal of any of the said Courts of King's Bench, Common Pleas or Exchequer, in any Action or other Proceeding, after any Judgment shall be obtained in such Action or other Proceeding; and that as soon as the Death of the Survivor of them the said Lord Viscount Northland and the Honourable Vesey Knox, late Prothonotaries of the said Court of Common Pleas, shall come to the Knowledge of the said Commissioners of Stamps for the time being, they shall in like manner forthwith notify and publish the same in the Dublin Gazette; and that from and after the Expiration of a like Period of One Calendar Month from the Publication of such Gazette, the Duties hereinafter immediately mentioned shall cease, determine and be no longer payable; that is to say, the Duty of Two Shillings imposed by the Schedule to this Act annexed, on every Affidavit, Affirmation or Deposition taken before any Person or Persons authorized to take the same, in order to be used or filed in any of the said Courts; and also the Duty of Four Shillings, in the said Schedule mentioned, on any Writ, Mandate, Subpoena or other Writ or Process whatsoever, other than Writs of Habeas Corpus, which shall Issue out of or pass the Seal of any of the said Courts of King's Bench, Common Pleas or Exchequer.

XXIX. And be it further enacted, That from and after the Duty of d. on Expiration of Ten Days next after the passing of this Act, the Hand Bills, Stamp Duty of One Halfpenny upon every Hand Bill, or Bill for under 56 G. 3.

posting,

« ZurückWeiter »