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53 G. 3. c.107.

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the Master of such Diocesan School only, such Diocese shall not be or remain united to or with any other Diocese under any of the provisions of the said Act; but such Diocesan School shall be supported within its proper Diocese only, and that the Money raised in such Diocese shall be applied solely to the Use of such Diocesan School and not to any District School or other School out of such Diocese: And Whereas the beneficial Consequences expected have not followed from the said recited Proviso;' Be it therefore enacted, That the said recited Proviso

§ 28. repealed. shall be and the same is hereby repealed.

53 G.3. c.107. § 14, 15.

Extended to fu

ture private

Schools of a like
Nature.

Advances for building Schools, &c. made repayable by Instalments

of Six per Cent. per Annum, instead of Ten per Cent. as under 53 G. 3. c. 107.

Act may be amended, &c. this Session.

XI. And Whereas in and by the said recited Act of the Fifty third Year of His said late Majesty's Reign, divers Powers are 'granted to the said Commissioners of Education to visit and regulate certain Schools of private Foundation and Endowment then existing in Ireland, of the Nature and Description in the said Act particularly set forth; and it is expedient to extend the said Powers to all such Schools of private Foundation and En'dowment which may at any time exist in Ireland;' Be it therefore enacted, That all and every the Powers by the said recited Act granted to or vested in the Commissioners of Education for visiting and regulating such Schools of private Foundation and Endowment, as were existing at the time of the passing of the said Act, shall extend to all Schools of the Nature and Description in the said Act mentioned, which have been or shall be built, erected, founded or endowed in Ireland at any time after the passing of the said recited Act or this Act, in the same Manner and to the same Extent in all respects whatsoever, as if such Schools had been founded, endowed and erected previous to the passing of the said recited Act, and not further or otherwise.

XII. And be it further enacted, That from and after the passing of this Act, upon any Petition to the Lord Lieutenant or other Chief Governor or Governors of Ireland, from the Commissioners under the said recited Act, for the Advance of Money for purchasing, building, rebuilding, enlarging or repairing any School House belonging to any School under the Jurisdiction of the said Commissioners or any of the Appurtenances or Accommodations belonging to or necessary for the convenient Use of such School, setting forth what yearly Sum, not being less than Six per Centum on the Sum required, can be paid out of the Revenue of such School, to replace the Sum so advanced, it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, if he or they shall think proper so to do, to direct that such Sum as he or they shall think proper, not exceeding the Sum required by such Petition, shall be advanced and repaid in like manner as such Lord Lieutenant or other Chief Governor or Governors is by the said Act authorized to do, in case of a Petition setting forth what yearly Sum less than Ten per Centum can be paid out of the Revenue of such School, and as if the said Sum of Six per Centum had been mentioned in the said Act instead of the said Sum of Ten per Centum; any thing in the said recited Act to the contrary notwithstanding.

XIII. And be it further enacted, That this Act may be amended, altered or repealed by any Act or Acts to be made during the present Session of Parliament.

CAP.

CAP. LXXX.

An Act to continue until the First Day of August One thou- Cap. 1. ante, sand eight hundred and twenty three an Act made in this continued. present Session of Parliament, for suppressing Insurrections and preventing Disturbances of the Public Peace in Ireland. [26th July 1822.]

CA P. LXXXI.

An Act to amend the Laws relating to Bankrupts.

[26th July 1822.]

WHEREAS it is expedient to provide by Law as hereinafter

may summon
Witnesses as
to Trading and
Act of Bank-
ruptcy.

is enacted: May it 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 it shall and may be lawful Commissioners to and for the Commissioners in any Commission of Bankrupt, or the major Part of them, by Writing under their Hands and Seals, to summon before them, at any Meeting or Meetings to be held under the Commission, after they have duly qualified, and before the Bankruptcy is found, all and every such Person and Persons as they shall be informed and believe can give any Account or Information concerning the Trading, or any Act or Acts of Bankruptcy committed by the Person or Persons against whom such Commission shall be issued; and also to require such Person or And to proPersons so summoned to produce any Books of Account, Papers, duce Books Deeds, and Writings, and other Documents in the Custody, Pos- and Papers. session or Power of such Person or Persons, which may appear to such Commissioners, or the major Part of them, to be necessary to establish such Trading or Act or Acts of Bankruptcy; and Persons refusin case the said Person or Persons so summoned to appear as ing to attend aforesaid shall refuse to come or shall not come before the said may be appreCommissioners at the Time appointed, having no lawful Impediment, such as shall be admitted and allowed by the said Commissioners or the major Part of them, and made known to the said Commissioners at the Time of their Meeting, it shall be lawful for the said Commissioners, or for the major Part of them, by Warrant under their Hands and Seals, and directed to such Person or Persons as to them or the greater Part of them shall be thought meet, to apprehend and arrest such Person or Persons, and to bring him, her or them before the said Commissioners or the major Part of them, to be examined as aforesaid; and upon his, her or their refusing to come, to commit the Party so refusing to such Prison as the said Commissioners, or the major Part of them, shall think meet, there to remain without Bail or Mainprize until such Time as such Person or Persons so refusing to come shall submit him, her or themselves to the said Commissioners; and upon the Appearance of the said Person or Persons, it shall be lawful for the said Commissioners, or the major Part of them, to examine him for them concerning the Trade of, or any Act or Acts of Bankruptcy committed by the Person or Persons against

whom

hended.

Persons refus-
ing to be exa-
mined, or to

produce Books,
&c. may
be

committed by
Commissioners.

+ Sic.

Payment of
Costs to Wit-

nesses at open-
ing of Com-
mission.

Assignees may

execute

Powers previ

whom such Commission shall be issued, in the same manner as they are now authorized to examine any Person present at any Meeting of the Commissioners; and in case any Person or Persons present at any such Meeting of the Commissioners shall refuse to be sworn, or being one of the People called Quakers, to take the solemn Affirmation by Law appointed for such People to take, or shall refuse to answer all or any such lawful Questions as by the said Commissioners, or the major Part of them, shall be put unto him, her or them, touching the Trading of, or any Act or Acts of Bankruptcy committed by the Person or Persons against whom such Commission shall issue, as well by Word of Mouth as by Interrogatories in Writing, or shall refuse to sign and subscribe his, her or their examination taken down or reduced into Writing, (not having a reasonable Objection either to the Wording thereof, or otherwise, to be allowed by the said Commissioners,) or shall refuse to produce or shall not produce all and every Book of Account, Paper, Writing and other Document in the Custody, Possession or Power of such Person or Persons which may appear to the Commissioners, or the major Part of them, to be necessary to establish the Trading of, or Act or Acts of Bankruptcy committed by the Person or Persons against whom such Commission shall issue, and which such Person or Persons was or were required to produce, and to the Production of which such Person or Persons shall not state any Objection which, in the Judgment of the Commissioners or the major Part of them, ought to be allowed as lawful Objections, it shall and may be lawful to and for the said Commissioners, or the major Part of them, by Warrant under their Hands and Seals, to commit him, her or them to such Prison as the said Commissioners, or the major Part of them, shall think fit, there to remain without Bail or Mainprize until such Time- as such Person or Persons shall submit him, her or themselves to the said Commissioners to be sworn, and full Answer make to the Satisfaction of the said Commissioners to all such lawful Questions as shall be put to him, her or them, and sign and subscribe such Examination, and produce all such Book and Books of Account, Papers, Deeds, Writngs and other Documents in his, her or their Custody, Possession or Power, as may appear to the said Commissioners, or the major Part of them, to be necessary to establish the Trading or Act or Acts of Bankruptcy committed by the Person or Persons against whom such Commission of Bankrupt shall be issued as aforesaid, and to the Production of which no such Objection as aforesaid has been allowed, according to the true Intent and Meaning of this Act.

II. Provided also, and be it further enacted by the Authority aforesaid, That where any Witness or Witnesses is or are summoned to attend before the Commissioners in any Commission of Bankruptcy, at the Meeting appointed by them for opening such Commission, the necessary Expences shall be tendered to such Witness or Witnesses, in the same manner as is now by Law required upon Service of a Subpœna to a Witness in any Action at Law.

III. And be it further enacted by the Authority aforesaid, That all Powers vested in or belonging to any Bankrupt or Bankrupts, which he, she or they might legally execute for his, her or their

own Benefit, (except the Right of Nomination to any Benefice ously vested in with Cure of Souls, or parochial Church or Chapelry then ac- Bankrupts. tually vacant,) shall and may be executed and exercised by the Exception. Assignee or Assignees for the Benefit of the Creditors, in such and the same manner, to all Intents and Purposes, as the Bankrupt himself could or might have executed or exercised the same.

pre

veyances.

IV. And be it further enacted by the Authority aforesaid, That Lord Chancelit shall and may be lawful for the Lord Chancellor, Lord Keeper lor may order or Lords Commissioners of the Great Seal, Bankrupts to a Petition upon sented to him or them by the Assignee or Assignees, or by a Pur- join in Conchaser under the Commission from the Assignee or Assignees, of any Part of the Bankrupt's Estate or Effects, to order the Bankrupt, at the Time of the Allowance of or after he has obtained his Certificate, to join in the Conveyance and Assurance of any Estate and Effects of such Bankrupt, according to the Tenor of any Order that shall be made therein upon such Petition; and if any such Bankrupt shall refuse or neglect to execute any such Deed or Conveyance within such time and in such manner as shall be directed by such Order so to be made as foresaid, then such Bankrupt so refusing, declining or neglecting to execute such Deed or Conveyance, and his Heirs, Executors, Administrators and Assigns, and all and every Person claiming under him by virtue of any Act by him done from the time he became Bankrupt, shall be for ever estopped from objecting to the Validity of such Deed or Conveyance; and such Deed or Conveyance shall, upon an Order made upon Petition by the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal, be declared to be and as effectual to all Intents and Purposes whatsoever, both at Law and in Equity, as if it had been executed by the said Bankrupt.

Bankrupt refusing, estopped from objecting to Validity of Deed.

V. Whereas by an Act passed in the Fifth Year of the Reign 5G.2. c.30. of His Majesty King George the Second, intituled An Act to $ 31. prevent the committing of Frauds by Bankrupts, reciting, that it might be found necessary that as well Assignments of Bankrupts' Estates then already made by Commissioners, as Assign'ments thereafter to be made pursuant to the Choice of Creditors, 'should be vacated, and a new Assignment or Assignments made of the Debts and Effects unreceived and not disposed of by the ⚫ then Assignees to other Persons to be chosen by the Creditors; it was therefore enacted and declared, that it should and might be lawful to and for the Lord Chancellor, Lord Keeper or Com⚫missioners for the Custody of the Great Seal for the time being, upon Petition of any Creditors, to make such Order therein as he or they should think just and reasonable; and in a case a new Assignment should be ordered as aforesaid, then that such Debts, Effects and Estate of such Bankrupt should be thereby effectually and legally vested in such new Assignee or Assig'nees: And Whereas doubts have arisen whether the said Clause ' extends to authorize the vacating of Deeds of Bargain and Sale ' enrolled of the Lands, Tenements and Hereditaments of Bankrupts, and it is deemed expedient that such Doubt should be ' removed:' Be it therefore enacted and declared by the Authority aforesaid, That such Clause does extend to the vacating of Extent of the any Deeds of Bargain and Sale enrolled of the Lands, Tenements said Clause as

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and

to vacating Bargains and Sales

enrolled.

+ Sic.

Lord Chancellor may order Commissioners to execute a

new Bargain and Sale.

Perjury before
Masters in
Chancery.

Office Copies to be Evidence

in certain Cases.

and Hereditaments of any Bankrupt, and that from time to time hereafter it shall and may be lawful to and for the Lord Chancellor, Lord Keeper or Lords Commissioners for the Great Seal for the time being, upon the Petition of any Creditors, to make such Order as he or they shall think just and reasonable, for the vacating of any Deed of Bargain and Sale of the Lands, Tenements and Hereditaments, Freehold or Copyhold, of any Bankrupt or Bankrupts then remaining unsold and not conveyed; and the Inrolment thereof, without nevertheless in any manner affecting the Title of any Purchaser under any Bargain and Sale prior to such Order being made, and without reviving any Estate previously barred, but the Title of every such prior Purchaser, and of all claiming under him, shall be good and valid to all Intents and Purposes whatever, in the same manner as if no such Order had been made; and that the Lord Chancellor, Lord Keeper or Lords Commissioners for the time being, may order the Commissioners, or the major Part of them, to execute a new Bargain and Sale of such Lands, Tenements and Hereditaments as shall remain unsold or not conveyed to such Person or Persons, and in such manner as to him or them may seem just; and that such Conveyance shall be good and valid to all Intents and Purposes whatsoever, without any Conveyance from any former Assignee or Assignees, or his or their Heirs or Assigns: Provided always, that the Order so made for vacating such Bargain and Sale shall be duly enrolled, together with the new Bargain and Sale made in pursuance of such Order.

VI. And Whereas Doubts have been suggested, whether any Person who wilfully and corruptly swears falsely in an Affidavit made before a Master in Chancery in any Matter of Bankruptcy, is liable to the Pains and Penalties now by Law inflicted for this Offence of wilful and corrupt Perjury, and which Doubts ought 'to be removed;' Be it therefore further declared and enacted by the Authority aforesaid, That every such Offender is liable to such Pains and Penalties; and that if any Person at any time hereafter shall wilfully and corruptly swear falsely in any Affidavit or Deposition, (or, being of the People called Quakers, shall wilfully and corruptly affirm falsely,) before any Master in Chancery in Ordinary or Extraordinary in any Matter of Bankruptcy, such Person, being convicted thereof by Indictment or Information, shall be liable to suffer the Pains and Penalties now in force against wilful and corrupt Perjury.

VII. And be it further enacted by the Authority aforesaid, That on the Trial of any Suit or Action now commenced or brought, or to be commenced or brought, or of any Issue directed or which shall hereafter be directed to be tried, an Office Copy of any Bond, Affidavit, Certificate, Report, Exception, Letter of Attorney or of any other original Instrument or Writing filed in the Office, or officially in the Custody or Possession of the Lord Chancellor's Secretary of Bankrupts for the time being, shall be Evidence to be received of such Bond, Affidavit, Certificate, Report, Exception, Letter of Attorney or other original Instrument or Writing respectively, without producing the Original, such Copy being upon proper Stamp, and proved by Oath on such Trial to be a true Copy; and in case any such Bond, Affidavit, Certificate, Report, Excep

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