Order made. If Party in 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 other proper Officer duly authorized to pass the same; and in all Cases where the Party shall have been lodged in the Common Gaol by such Sheriff, Bailiff or other Officer, the Justices of the Peace so assembled are hereby empowered either to remand such Party to the Custody of the Sheriff, Sesions no per Bailiff or other Officer, or upon the Release of such Party from the are whole of such forfeited Recognizance, to order such Party to be discharge rebogreja where party had paid discharged from Custody, and such Order shall be full and sufficient Discharge to the said Sheriff, Bailiff or Officer on the passing 7B.V6.293%f his Accounts at the Exchequer or before any Auditor or other proper Officer duly authorized to pass the same; and it shall and may be lawful to and for the said Court of General or Quarter Sessions to award such Costs, Charges and Expences to be paid by either Party to the other, as to the said Court shall seem just and reasonable. sions may remand or release him. the money Costs. [Repealed. Sheriff may recover Fines, &c. out of County where imposed, upon getting his Warrant backed by Justice of Peace of County where Offender is. VII. And be it further enacted, That in all Cases where the Party incurring any Fine, Issue, Amerciament, forfeited Recognizance, Sum or Sums of Money to be paid in lieu or satisfaction of them or any of them, shall reside in another County, or in any City, Borough or Place having peculiar Jurisdiction, or shall have fled into any other County, or into any such City, Borough or Place, after such Fine, Issue, Amerciament, forfeited Recognizance, Sum or Sums of Money to be paid in lieu or satisfaction of them or any of them, shall have been incurred, or shall have removed his Goods and Chattels out of the Jurisdiction in which such Fine, Issue, Amerciament, forfeited Recognizance, Sum or Sums of Money to be paid in lieu or satisfaction of them or any of them, shall have been imposed, it shall be lawful for the said Sheriff, Bailiff or Officer, and he is hereby required, to apply to any Justice of the Peace acting for such County, City, Borough or Place into which the Party may have fled or removed his Goods and Chattels, and such Justice is hereby required, upon Proof on Oath of the Handwriting of the Sheriff or Under sheriff, Bailiff or Officer granting such Warrant, to indorse his Name thereon, which shall be a sufficient Authority to the Person bringing such Warrant, and to all other Persons to whom the same may be directed, to execute the same in such other County, City, Borough or Place; and in case sufficient Distress shall not be found whereon to levy such Fine, Issue, Amerciament, estreated Recognizance, Sum or Sums of Money to be paid in lieu or satisfaction of them or any of them and all Costs and Charges attending the Recovery thereof, then to take the Body of the Party and lodge him in the Gaol of the County, City, Borough or Place in which the Forfeiture had been incurred, there to await the Decision of the Court at the ensuing General or Quarter Sessions. VIII. And VIII. And be it further enacted, That the said Sheriff, Bailiff or Officer shall, at the Opening of the Court, on the First Day of the ensuing General or Quarter Sessions, return the said Writ, and shall state on the Back of the said Roll what shall have been done in the Execution of such Process ; which Return, together with a Duplicate of the Roll of 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, at the preceding Quarter Sessions, and the Certificate of the Court on the Back of the Roll, stating that due Diligence has been exercised on the Part of the Sheriff, shall be transmitted by the Clerk of the Peace to the Lords Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland. Sheriff to return indorse Pro- to Treasury. IX. Provided always, and be it further enacted, That none of No Stamp Duty. the Proceedings under this Act shall be liable to or charged with any Stamp Duty. Allowance to Clerk of the levied. X. And be it further enacted, That the Clerk of the Peace and other Officers shall be entitled to their usual and legal Fees on the Discharge of any forfeited Recognizance, and the said Clerk of the Peace to an Allowance of Six Pence for every One hundred Words, for all Copies of the Roll sent to the said Lords Commissioners of the Treasury; and in case any such Sheriff, Bailiff, Officer or Clerk of the Peace shall refuse or neglect to do and perform any Duty, Act or Thing imposed or required upon or from such Sheriff or Clerk, Bailiff or Officer, in Manner by this Act directed, then and in every such Case, such Sheriff, Bailiff or Officer, or Clerk so re- Sheriff, &c. fusing or neglecting, shall forfeit and pay the Sum of Fifty Pounds, Neglecting, to be recovered by any Person or Persons who will sue for the Penalty 501. same, together with full Costs of Suit, by Action of Debt or on the Case, in any of His Majesty's Courts of Record at Westminster, wherein no Essoign, Protection, Wager of Law or any more than One Imparlance shall be allowed. XI. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend so as to prevent or interfere with the Appropriation of any such Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money, when so paid or accounted for into the said Court of Exchequer by any such Sheriff, Bailiff or Officer, but the same shall and may be applied, disposed of, and appropriated in such and the like manner as such Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money paid in lieu or satisfaction of them or any of them, paid into the Exchequer, were applied, disposed of, and appropriated before the passing of this Act. Proviso for the usual Mode of Fines. appropriating XII. Provided also, and be it enacted, That it shall be lawful for Compensations the Lords Commissioners of His Majesty's Treasury to make such to Officers. Compensation as they may think fit, for the Loss of any legal Fees occasioned to the Officers thereof, or to the Officers of the Court of the Duchy of Lancaster, by this Act. XIII. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be in any ways prejudicial to the Rights, Liberties, or Privileges of the King's most Excellent Majesty, His Heirs and Successors, in right of his Duchy or County Palatine of Lancaster; but that the same Rights and Privileges shall be enjoyed and used in all Respects, and to all Intents and Purposes Proviso for in Duchy of Clerks of the chequer yearly Proviso for Purposes whatsoever, in the same Manner and Form as they were before the passing of this Act; any thing herein contained to the contrary notwithstanding. XIV. Provided always, and be it further enacted, That all and every the Clerk and Clerks of the Peace, and all Town Clerks, within that Part of the United Kingdom called England, do and shall, on or before the Second Monday after the Morrow of All Souls yearly in every Year, make and deliver into the Court of Exchequer a true and perfect Duplicate on Certificate of all such Fines, Issues, Amerciaments, forfeited Recognizances and Sum or Sums of Money, and other Forfeitures whatsoever paid in lieu or Satisfaction of them or any of them, as shall be contained in the several Rolls or Copies which shall be so sent out to the Sheriff for the Purpose of levying as aforesaid, and which shall have been set, lost, imposed or forfeited in any of the said Sessions of the Peace which shall be held before Michaelmas in each Year, to the Intent that the Sheriffs, on their Apposals in the said Court of Exchequer, may be charged in their Accounts with the Monies levied and received by him or them respectively upon such Writs or otherwise, and that all Parties entitled to any such Fines, Recognizances or other Forfeitures, or any Portion or Portions thereof, may be at liberty to claim the same before the Foreign Apposer of the said Court of Exchequer, according to the ancient Course and Practice of the said Court. XV. Provided always, and be it further enacted, That nothing Bodies Corpo in this Act contained shall in any sort extend or be construed to rate, &c. extend to the prejudicing the Rights and Privileges of any Bodies Politic or Corporate, or their Successors, or of any Lord or Lords of any Manor, Liberty or Franchise whatsoever; any thing herein to the contrary thereof in any wise notwithstanding. Proviso for XVI. Provided always, and be it enacted, That nothing in this City of London. Act contained shall extend to or be in any ways prejudicial to the Rights, Customs, Privileges, Liberties, Charter or Charters of the City of London; but that the said City may enjoy the same accordingly, as they formerly have enjoyed the same, in all Respects and to all Intents and Purposes whatsoever, in the same and in as full and ample a Manner as they before this Act had enjoyed the same; any thing herein contained to the contrary thereof in any wise notwithstanding. SCHEDULE (A.) GEORGE the Fourth, by the Grace of God, of the United King- YOU are hereby required and commanded, as you regard yourself and all yours, That you omit not by reason of any Liberty in your County, City, Borough or Place, as the Case may be, but that you enter the same, and of all the Goods and Chattels, Lands and Tenements of all and singular the Persons in the several Extracts of this Writ annexed, you cause to be levied all and singular the Debts and Sums of Money upon them in the same Extracts severally severally imposed and charged, so that the Money may be ready for Payment at the next General or Quarter Sessions of the Peace, to be paid over in such manner as any Two or more of the Lords Commissioners of His Majesty's Treasury may direct; and if any of the said several Debts cannot be levied by reason of no Goods or Chattels being to be found belonging to the Parties, then in all Cases that you take the Bodies of the Parties refusing to pay the aforesaid Debts, and lodge them in the Gaol (of the County, City, &c.) there to await the Decision of the Justices assembled at the next General or Quarter Sessions, unless the Parties shall have given sufficient Security for their Appearance at such Sessions, for which you will be held answerable, and have you there then this Writ. Witness Keeper of the Rolls of the County, at the Year of Our Reign. in the County of in the Day of and your Sureties in Pounds each, to appear at the the Sums of to be holden at Day of on the next, and unless you personally make your Appearance accordingly, the Recognizances entered into by yourself and Securities will be forthwith levied on you and your Bail. Dated this One thousand eight hundred and twenty SCHEDULE (C.) Day of Justices of the Peace. To the Sheriff, [Bailiff, or Officer, as the case may be] of the County, City, Borough or Place, as the case may be, of WHEREAS hath appeared before the Justices assembled at the General or Quarter Sessions [as the case may be] held at the on the has forfeited the Sum of [here describe the Nature of the Fine or Forfeiture], Day of and having made it appear to the Satisfaction of the Justices so assembled, that he should be relieved from the Payment of the said Sum of [or if the Penalty is mitigated, state from what Part thereof], you are therefore hereby required to discharge the said Sum of from the Estreat Roll delivered to you after the Quarter Sessions held at for which Discharge this Warrant shall be your Authority, and shall exonerate you from the said Charge on the final passing of your Accounts at the Exchequer, or before any other Officer duly authorized to pass such Account. By Order of the Court. 1&2 G.4. c.51. 14 G. 3. c. 79. 12 Ann. st. 2. c. 16. Repealed. Securities made in G. B. concerning Lands, &c. in Ireland or the Colonies, to be as valid as if made in the Country where the Property is situate. Interest. CAP. XLVII. An Act to repeal an Act of His present Majesty, for ex- W WHEREAS it is expedient that an Act, passed in the First and Second Years of the Reign of His present Majesty, 'intituled An Act to explain an Act, made in the Fourteenth Year of His late Majesty King George the Third, for explaining an Act made in the Twelfth Year of Queen Anne, intituled An Act to reduce the Rate of Interest, without Prejudice to Parliamentary Securities,' should be repealed, and other Provisions 'substituted in lieu thereof:' May it therefore please Your Majesty that it may be enacted; and be it 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 the said recited Act shall be and the same is hereby repealed; save and except so far as regards any Mortgages or Securities which have been executed before the passing of this Act. II. And be it further declared and enacted, That all Mortgages and Securities which by any of His Majesty's Subjects already have been, or after the passing of this Act shall be made and executed in Great Britain, of or concerning any Lands, Tenements or Hereditaments, Slaves, Cattle or other Things, lying and being in Ireland, or in any of His Majesty's Colonies, Plantations or Dominions in the West Indies, or any Estate or Interest therein, to any of His Majesty's Subjects, for securing the Repayment of the Sums of Money thereon respectively really and bond fide advanced and lent, with Interest for the same, whether payable in Great Britain or in the Country, Island, Plantation or Place where the Lands, Tenements, Hereditaments, Slaves, Cattle or other Things mentioned and comprised in any such Mortgage or Security severally lie or are; and also all Conveyances, Demises or other Assurances of any Lands, Tenements, Hereditaments, Slaves, Cattle or other Things lying and being in Ireland, or in any of His Majesty's Colonies, Plantations or Dominions in the West Indies, or any Estate or Interest therein; and all Bonds and Covenants which have been, or which after the passing of this Act shall be respectively made, executed or entered into, in Great Britain, to or with any of His Majesty's Subjects, either by the Person or Persons borrowing such Sum or Sums of Money, or by any other Person or Persons residing in Great Britain or elsewhere, whether such Conveyances, Demises or other Assurances, Bonds and Covenants, shall be respectively made, executed or entered into by way of collateral Security for the Payment of such Interest, or for securing the Payment of Interest on the Sum or Sums of Money so really and bond fide advanced and lent, at any higher Rate than the Rate of Interest which such Mortgages or other Securities respectively actually bear or |