Fees other than those allowed to III. And be it enacted, That every Bailiff authorized to Bailiffs taking execute the Process of any such Court who shall wilfully and corruptly exact, take, or accept any Fee or Reward whatsoever be discharged. other than and except such Fees as shall be allowed by Law and declared by Order of the Court, which shall be put up in some conspicuous Place in the Court, shall, upon Proof thereof before the said Court, be for ever incapable of serving or being employed in any Office of Profit or Emolument of the said Court. of the Court IV. And be it enacted, That if any Bailiff acting under Remedies Colour or Pretence of the Process of any such Court shall be against Officers guilty of Extortion or Misconduct, or shall not duly pay or guilty of Exaccount for any Money levied under Process of the said Court, tortion or it shall be lawful for the Judge to inquire into such Matter in Misconduct. a summary Way, and for that Purpose to summon and enforce the Attendance of all necessary Parties, and to make such Order thereupon for the Repayment of any Money extorted, or for the due Payment of any Money so levied as aforesaid, and for the Payment of such Damages and Costs to the Parties aggrieved, as he shall think just; and in default of Payment of any Money so ordered to be paid within the Time specified for the Payment thereof it shall be lawful for the Judge of the said Court, by Warrant under his Hand and Seal, to cause such Sum to be levied by Distress and Sale of the Goods of the Offender, together with the reasonable Charges of such Distress and Sale, and in default of such Distress to commit the Offender to the County Gaol or House of Correction for any Time not exceeding One Calendar Month. V. And be it enacted, That for every such Court a Seal shall Persons forgbe made under the Direction of the Judge of such Court, and ing Process, &c. guilty of that all Summonses and other Process issuing out of the said Felony. Court shall be sealed or stamped with such Seal; and every Person who shall forge the Seal or any Process of the Court, or who shall serve or enforce any such forged Process, knowing the same to be forged, or deliver or cause to be delivered to any Person any Paper falsely purporting to be a Copy of any Summons or other Process of the said Court, knowing the same to be false, or who shall act or profess to act under or by the Authority of such Summons or Process, knowing the same to be false, or who shall take upon himself to act as a Bailiff of any such Court without lawful Authority, shall be guilty of Felony. after Execution. VI. And be it enacted, That no Goods which shall be taken Sale not to be in Execution under any Process of any such Court shall be sold till Three Days until the End of Three Days at least next following the Day on which such Goods shall have been so taken, unless such Goods be of a perishable Nature, or upon Request in Writing under the Hand of the Party whose Goods shall have been taken; and until such Sale the Goods so taken shall be in the Custody of the Bailiff to whom the Warrant of Execution shall have been directed. 1 VIL And be it enacted, That if any Bailiff of any such Court Penalty for shall be assaulted while in the Execution of his Duty, or if any assaulting 02 Rescue Bailiffs, or 1 rescuing Per- taken in Limitation of Meaning of Act may be amended, &c. Rescue shall be made or attempted to be made of any Person or Goods taken or levied under Process of any such Court, the Person offending therein, on Conviction thereof before any Two Justices of the Peace, shall be imprisoned with or without hard Labour in the Common Gaol or House of Correction for any Term not exceeding Three Calendar Months, or shall forfeit and pay such Fine not exceeding Five Pounds as may be set upon him by the said Justices of the Peace; and every such Fine, with the Costs of Conviction, in case of Nonpayment thereof, shall be levied by Distress and Sale of the Goods of the Offender. VIII. And be it enacted, That all Actions and Prosecutions to be commenced against any Bailiff of any such Court for any thing done in pursuance of his Duty as such Bailiff, or for such Grievance, Misfeazance, or Nonfeazance as aforesaid, shall be laid and tried in the County where the Offence was committed, and shall be commenced within Three Calendar Months after the Fact committed, and not afterwards or otherwise; and Notice in Writing of such Action or Prosecution, and of the Cause thereof, shall be given to the Defendant One Calendar Month at least before the Commencement of such Action or Prosecution; and no Plaintiff shall recover in any such Action if Tender of sufficient Amends, in the Opinion of the Judge who shall try such Action, shall have been made before Action brought, or if after Action brought a sufficient Sum of Money, in the Opinion of the Judge as aforesaid, with Costs, shall have been paid into Court, in satisfaction of such Action. IX. And be it enacted, That in this Act the Word "Judge" shall be construed to mean the County Clerk, Under Sheriff, Steward, or other Person by or before whom any such Court shall be holden. X. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. CAP. XX. An Act to amend an Act of the First and Second Years of Her present Majesty, for securing the Debt due by the City of Edinburgh to the Public. [6th June 1844.] WHEREAS an Act was passed in the First and Second Years of the Reign of Her present Majesty, intituled 1&2 Vict. c. 55. An Act to regulate and secure the Debt due by the City of Edinburgh to the Public, to confirm an Agreement between the said City and its Creditors, and to effect a Settlement of the Affairs of the said City and the Town of Leith: And whereas by the said Act the Port and Harbour of Leith, and Lands, Houses, and Areas, and other Properties connected therewith, and Rates and Duties payable thereat, as held by the Lord Provost, Magistrates, and Council of the City of Edinburgh, were vested in the Commissioners to be ap• pointed 6 4 6 6 'pointed and elected by virtue of the said Act for the Purpose (among other things) of regulating and securing the Debt due by the City of Edinburgh to the Public: And whereas it would occasion much Expence and Inconvenience were it necessary from Time to Time to renew the Rights and Investitures of the aforesaid Port and Harbour of Leith, and Property, in favour of such Commissioners as may be appointed and elected in the Room of those dying, resigning, or becom'ing disqualified, and it is expedient to prevent the same:' May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen'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 the Com- Leith Harbour missioners for the Superintendence and Management of the Commissioners Harbour and Docks of Leith, elected and appointed for the incorporated. Time being in pursuance of the said recited Act, shall be and they are hereby declared to be one Body Politic and Corporate, for the Purposes set forth in the aforesaid Act, and the Acts therein referred to, and in this Act, by the Name and Style of "The Commissioners for the Harbour and Docks of Leith," and by that Name shall have perpetual Succession and a Common Seal, and by that Name shall and may sue and be sued, and shall and may hold the aforesaid Port or Harbour of Leith, and the Rates and Duties payable thereat, and all Lands, Tenements, Heritages, and other Property, real and personal, of and belonging to the said Harbour and Docks of Leith, and may purchase or acquire other Lands, Tenements, or Heritages, or other Property, real or personal, to be held by them for the Use of the said Harbour and Docks of Leith, but for no other Use or Purpose, and may also sell or dispose of, with the Consent of the Commissioners of Her Majesty's Treasury, any Part of the said Real or Personal Property, if they shall deem it expedient, for the Use and Behoof of the said Harbour and Docks, the Price or Consideration Money obtained upon such Sales being always applied in repairing or ameliorating the other or remaining Property of or belonging to the said Harbour and Docks, or in the Purchase of other Lands, Tenements, or Heritages, to belong unto the said Commissioners. sioners when incorporated. II. And be it enacted, That the aforesaid Port and Harbour Vesting Harof Leith, and the Rates and Duties payable thereat, and all bour and Works Lands, Tenements, Heritages, and other Property, real and in the Commispersonal, at present vested in the said Commissioners or their Predecessors in Office, shall be and the same are hereby vested in the said Commissioners for the Time being as a Body Corporate for the Purposes aforesaid, in like Manner and to the same End and Effect as if the Titles and Investitures were so expressed, and that without any new Conveyance or Investiture, whatever may be the Terms in which the Rights and Titles have been taken. III. And be it enacted, That every Security, Evident, and Securities and Deed shall be deemed and held to be the Security, Evident, Deeds. 0 3 and Act may be amended, &c. 55 G. 3. c. 184. 3&4 W. 4.c.23. 5&6 Vict. c. 82. and Deed of the said Commissioners, which shall be signed at and in Presence of a Meeting of the said Commissioners as follows; where the same consists of only One Page, by the Preses of the Meeting, and at least Four others of the said Commissioners present at the Time; and where the same shall consist of more than One Page, by the Preses of the Meeting upon each Page, and by at least Four others of the said Commissioners present at the Time upon the last Page; any Law or Practice to the contrary notwithstanding. IV. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament. CAP. XXI. An Act to reduce the Stamp Duties on Policies of Sea Insurance and on certain other Instruments, and to repeal the Duties on certain Bonds, and the Law requiring Public Notaries in Ireland to deliver Accounts of Bills and Notes noted by them. [6th June 1844.] WHEREAS under and by virtue of an Act passed in the Fifty-fifth Year of the Reign of King George the Third, intituled An Act for repealing the Stamp Duties on Deeds, Law Proceedings, and other written or printed Instruments, and the Duties on Fire Insurances, and on Legacies, and Successions to Personal Estate upon Intestacies, now payable • in Great Britain, and for granting other Duties in lieu thereof, certain Stamp Duties specified and contained in a Schedule to the said Act annexed were granted and made payable in Great Britain for and in respect of (amongst other things) Policies or other Instruments of Insurance, Agreements, and Letters or Powers of Attorney: And whereas by an Act passed in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act to 'reduce the Stamp Duties on Advertisements and on certain Sea Insurances, to repeal the Stamp Duties on Pamphlets and on Receipts for Sums under Five Pounds, and to exempt Insurances on Farming Stock from Stamp Duties, the Duties granted by the said first-recited Act on certain Policies or other Instruments of Sea Insurance were repealed, and in lieu thereof other Stamp Duties were granted and made payable in Great • Britain and Ireland respectively for and in respect of the same Policies or Instruments: And whereas under and by virtue of an Act passed in the Fifth and Sixth Years of Her present Majesty's Reign, intituled An Act to assimilate the Stamp Duties in Great Britain and Ireland, and to make Regulations for collecting and managing the same until the Tenth Day of October One thousand eight hundred and forty-five, the Stamp Duties granted and then payable in England under or by virtue of the said first-recited Act were extended to and made 6 on Policies of 'payable in Ireland in lieu of certain Stamp Duties repealed by the last-recited Act: And whereas it is expedient to reduce the Stamp Duties now payable in Great Britain and Ireland respectively on Policies or other Instruments of Sea Insurance, ⚫ and on certain Agreements, and also on certain Letters or Powers of Attorney or other Instruments for appointing Proxies: Be it therefore enacted by the Queen'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 Stamp Duties from and after the passing of this Act the Stamp Duties now Sea Insurance, payable in Great Britain and Ireland respectively, under or by and on certain virtue of the said several recited Acts or any of them, on the Agreements, Policies or other Instruments of Sea Insurance, and on the tain Instruments Agreements, and also on the Letters or Powers of Attorney for appointing or other Instruments for appointing Proxies, respectively mentioned and described in the Schedule hereunto annexed, and whereon other Duties are by this Act granted and imposed, shall respectively cease and determine, and shall be and the same are hereby repealed, save and except so much and such Part and Parts of the said Duties respectively as shall have accrued or been incurred before or upon the passing of this Act, and shall then or at any Time afterwards be or become due or payable, and remain in arrear and unpaid, all which said Duties so remaining in arrear and unpaid as aforesaid shall be recoverable by the same Ways and Means and with such and the same Penalties as if this Act had not been passed. and also on cer Proxies, re pealed, except as to Arrears. lieu of Duties II. And be it enacted, That from and after the passing of New Duties this Act, in lieu and instead of the said several Duties by this granted in Act repealed there shall be granted, raised, levied, collected, repealed. and paid in Great Britain and Ireland respectively, unto and for the Use of Her Majesty, Her Heirs and Successors, for and in respect of the several Articles, Matters, and Things mentioned and described in the Schedule to this Act annexed, the several Duties or Sums of Money set down in Figures against the same respectively, or otherwise specified and set forth in the said last-mentioned Schedule; and that the said last-mentioned Schedule, and the several Provisions, Regulations, and Directions therein contained with respect to the said Duties, and the Articles, Matters, and Things charged therewith, shall be deemed and taken to be Part of this Act. former Acts to Act. III. And be it enacted, That the said Duties by this Act Powers and granted shall be denominated and deemed to be Stamp Duties, Provisions of and shall be under the Care and Management of the Com- be applied to missioners of Stamps and Taxes for the Time being; and that the Duties all the Powers, Provisions, Clauses, Regulations, and Direc- granted by this tions, Fines, Forfeitures, Pains, and Penalties, contained in or imposed by the several former Acts of Parliament relating to any prior Duties of the same Kind or Description in Great Britain and Ireland respectively, and in force at the Time of the passing of this Act, shall respectively be of full Force and Effect with respect to the Duties by this Act granted, and |