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s. 3.

Accountant ge

money, but to krep account with the bank.

1. 20. Eug,

The cash in the bank to be one

common cash.

Securities to be taken in the

Pountant gene

ral.

s. 2.

general. And by s. 8. the accountant general shall not meddle with the actual receipt of any of the suitors neral not to med money or effects, but shall only keep the account with die with suitors the bank; and observing the rules hereby prescribed or hereafter to be prescribed by the court, he shall not be answerable for any money or effects he shall not actually receive; and the bank shall be answerable for the money and effects of the suitors 19 Geo 1.c.33. received by them. The 12 Geo. 1. c. 33. s. 20. Eng. further provides, that all the money deposited in the bank on account of the suitors of the court of chancery, and by order of court, shall be one common and general cash, and shall be promiscuously issued, as the court shall direct, for answering the demands of any 3 & 24 Geo.3. of the suitors.* The 23 & 24 Geo. 3. c. 22. Ir. in a e. 22. s. 1. Ir. similar manner provides (s. 1.) that all securities directed to be taken in the name of any officer of the court of name of the ac- chancery in Ireland, shall be taken in the name of the accountant general: And by s. 2. that there shall be a person appointed from time to time by the king, with a reasonable salary, to do all matters requisite for the payment, delivering and depositing of the monies, securities, and effects of the suitors of the court of chancery into and in the national bank of Ireland, and for taking out the same, under the direction of said court, and for the keeping the accounts with the said bank; which person shall be called "the accountant general of the court of chancery;" and an account shall be kept in his name with said bank, for and in behalf of the suitors of said court in two ways, viz: a general account on behalf of the suitors as one fund, and a particular account in each cause in which such monies, &c. shall be so paid, &c. And by s. 3. all monies, &c. that shall be ordered to be brought into the said court, or that shall arise by any sales made under but control the any decree of said court, shall not be paid or deposited with the masters and ushers of said court, but be paid into and deposited in the said bank, to be issued from thence according to the orders of said court; and the

Duty of this officer in IreLand.

3. 3.

He shall not meddle with

suitor's money

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said

The fund thus created by depositing the suitors money in bank, has been specially applied and disposed of by particular statutes,

8.4.

said masters and usher shall have no power over the same, otherwise than as said court shall order; nor shall the said accountant general meddle with the actual receipt of any of the monies or effects of the suitors, otherwise than he shall be directed by some order of said court, but shall only keep and control the account with the said bank, and shall not be answerable for any monies, &c. which he shall not actually receive; but the said bank shall be answerable for all monies, &c. actually received by or deposited with them. And, that all payments into the said bank may be made with the privity of the accountant general, this act provides (s. 4.) that the said accountant general shall make out an His orders upon order to said bank to receive the same, which being the bank to be filed with the obtained, such payment shall be placed to the credit clerk of the reof the accountant general, and of the cause in which port office. the same shall be paid, and the proper officer of said bank shall give a receipt for the same, signed by him for the governor and company of the bank, and specifying that the same is placed to the credit of the accountant general, and the accountant general shall annex his, certificate thereto of such payment; which receipt and certificate shall be carried to the register's office, and be left with the clerk (to be appointed by the king with a reasonable salary, to be called the clerk of the report office) to be filed of record there; and a like course shall be observed with respect to deposits made of deeds, &c. And by s. 5. all monies arising from sales made by the masters of said court, and deposits of money to be made thereon, shall be paid into bank within the time heretofore usually allowed, with to be paid into the privity of the accountant general; and the master privity of the shall, immediately after every sale, and before he shall neral. sign any report thereof, by note under his hand, certify the same to the accountant general, and the money to be paid thereon; whereupon the accountant general shall upon application to him, give such order to the bank to receive the same; and such further proceedings shall be had as herein before prescribed as to other monies paid into said bank: And such accountant general shall, deposits to be upon application for the purpose, give certificates to

said.

shew

s. 5.

Money arising from sales, &c.

bank with the

accountant ge

Certificates of

given by him.

s. 7.

Proneeding on

taking out suit

ors money, or securities, &c. deposited.

shew that such deposits and monies are or are not paid into the bank with his privity. And by s. 7. no monies of the suitors of said court shall be paid out of said bank without some decree or order of said court, which shall be carried to the accountant general, who is to draw upon the bank for the sum so ordered, which draft shall specify the person named, and the order under which it shall be made, and shall contain a proviso, that if the same is not paid within a month after the date thereof, the same shall be void; and the accountant general shall immediately certify to the said report office, that he has drawn on said bank, mentioning the order, and the cause in which such draft shall be made; and the person to whom such payment shall be ordered, or his attorney or agent, shall give a receipt to the accountant general for said draft, and shall carry the same to the register's office of said court, to be countersigned by said register or his deputy, and entered at said report office with the clerk of said office, without which the same shall not be payable; and the same course, as near as may be, shall be observed with respect to the taking out of the bank all deeds, &c. deposited under the decrees, &c. of said court. By s. 6. all duties hereby prescribed to be done by the accountant general, and clerk of the reports, shall be performed without any fee, other than the annual salaries annexed to their respective offices; and if either of them, or any person on their behalf, shall demand or accept any fee, he shall upon conviction thereof, be deprived of said office, and be incapable of serving his majesty in any civil office, over and above such punishment as shall be inflicted for such misdeameanor by the court before whom he shall be tried. By s. 8. every person who Usher's fee to be shall obtain any decree or order for the payment of any such money as bath heretofore been usually deposited with, or paid out by the usher, shall at the time of demanding such draft as aforesaid from the accountant general, deposite and lodge with the accountant general, the fee of 6d. in the pound, to be handed over to the usher. By s. 9. where any stock, securities, or of the account debentures, are to be purchased by the order of said ant general.

s. 6.

No fee, save sa lary to account

ent general or

clark of reports.

Penalty.

s. 8.

lodged with acgene

countant ral.

s. 9. Stock, &c.

bought or sold with the privity

court

court, for the benefit of any of the suitors, or the parties interested therein, or to be sold, transferred, or altered, under the authority of any order of said court, a copy of the order under the hand of the register of said court, or his deputy, shall be carried to the accountantgeneral, and said order shall be carried into execution with the privity of the accountant general, who shall certify the same as shall be needful, and also certify the same to the report office, and to the said bank, so that the transactions respecting the same may be so carried on, that a true knowledge thereof may be had at the office of the said accountant general at the said bank, and at the said report office; and whatever monies or effects thereby belong or accrue to the said suitors, shall be paid into said bank according to the rules herein before prescribed. By s. 10. all the monies paid into the bank, on account of the suitors of the court of chancery, or by order of said court, shall All suitors mox be accounted one common fund, to be issued as said counted as one fund. court shall direct; but before the issuing thereof, the cashier, or other officer of said bank, shall see that so much money as shall be so ordered, is remaining in the said bank, in the account of said accountant general, and to his credit in the cause in which such order shall be made.

s. 10.

ney in bank ac

securities of the

be lodged in

But this act further provides (s. 14 & 15.) that all The money and monies, deeds, bonds, and other securities or effects, suitors of the that shall be ordered to be brought into the court of court of Exe. to exchequer, or that shall arise by any sale made under bank, the decree of said court, shall not be paid or deposited s. 14 & 15. with the chief or second remembancer, but shall be paid into and deposited in said bank, to be issued from thence according to the orders of said court; and the chief or second remembrancer shall have no power over the same, or meddle with the actual receipt thereof, otherwise than as said court shall direct. And by s. 16. it shall be lawful for the king, from time to time, to ap.point an accountant general and clerk of the reports of the court of exchequer, (with reasonable salaries) to of the reports to be also appointbe subject to and perform all such duties, regulations, ed for this court. and directions touching the monies and securities of the

suitors

s. 16.

Accountant ge

neral and clerk

s. 19.

Order by a ba

ron for deposit ing or paying

not sitting.

s. 17.

Interest, &c.

for minor or jointress how issued.

s. 20.

suitors of the court of exchequer, as are herein before prescribed, imposed, or directed to be done and performed by the accountant general and clerk of the reports of the court of chancery, touching the monies, &c. of said court. By s. 19. the chief baron, and in his absence any other of the barons of said court of exchequer, may, at any time when said court shall not be sitwhen exchequer ting, make such orders for the depositing in or paying out of the said bank, the monies belonging to the suitors of said court. And by s. 17. where monies shall be ordered by chancery or exchequer to be paid on account of interest money, or for maintenance of minors or jointresses, the order of such court signed by the register, with the accountant general's draft thereon, shall be sufficient authority to the said bank for issuing the monies so ordered. But by s. 20. the said courts of chancery Ch. or Exc. may and exchequer respectively, shall have power to vary any of these regulations, and to make further regulations. By s. 21. after the death or removal of any accountant general, all securities vested in him in trust for the suitors of said courts, shall vest in the succeeding accountant general, and all monies, &c. of the suitors for which he shall have credit in his account with the bank, shall be carried to the account of the succeeding 30 Geo. 3.c.41. accountant general. The 30 Geo. 3. c. 41. Ir. further provides, that it shall be lawful for the accountant general Accountant ge of the court of chancery, with the approbation in writing of the lord chancellor, and for the accountant general of point deputies. the court of exchequer with the approbation in writing of the chief baron, to appoint deputies, (for whom they shall be answerable) during the time of their sickness or absence respectively; and such deputies shall perform the duties of their respective principals without any fee, other than such as they shall receive from the persons by whom they shall have been appointed.

sary regulations

herein.

5. 21.

On death, &c. of accountant general, all securities, &c.

vested in suc

Gessor.

. 5. Ir.

neral of Ch.or

Exc. may ap

§ 11.

Decrees or or

XI. For putting an end to the questions which had arisen touching the authority of the Master of the Rolls; the 3 Geo. 2. c. 30. Eng. enacts, that all orders and desubject to be re

ders of the master of the rolls

versed or altered crees made by the master of the rolls, except such or

by lord chamel

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ders,

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