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tifies any man's deed to the use of another, or hath
the king, avoided
P. 531. 1. 14.-It would have been here also proper 10 W. 3. c. 6. to refer to the 10 W. 3. c. 6. s. 7. Ir. which is stated
Alienation of ante
29Geo.2. c.16. also stated, which enacts, that the name of every person s. 1. Ir. who singly, or jointly with any others, shall carry on the
All bankers' business of a banker, shall be mentioned in or sub
names to be menscribed to all notes and receipts to be issued by such .banker; and if any banker sball offend herein, he shall forfeit £100. And by s. 2. no person who shall carry on the business of a banker, shall either singly, or in partnership with any other, so long as he shall continue No banker 10 to be a banker, trade or traffick as a merchant in goods or chuni. merchandizes imported or exported, upon pain of for
s. 7. Ir.
tioned in their notes.
trade as a mer
* Mr. Ruffhead in his edition of the statutes, and Mr. Williams in his digest, seem to have mistaken the wording and meaning of this acto Vicke 2 Co.
s. 1. Ir.
feiting £1000. By s. 4. all sums of money to be for
feited by this act, may be recovered in any of the FourPenalties how
courts in Dublin by any person in his own name, by jecovered.
action of debt, &c. founded on this act: provided such suit be commenced within 12 calendar mouthis after the offence: and such sums so recovered shall be applied,
one moiety to the use of the person who shall sue for 40 Geo.3.c.22 the same, the otiser to the king. The 40 Geo. 3. C. 22.
Ir. further provides, that every banker who has stopped
payment since 1 April, 1793, or who shall stop payhuve sloppeil pai, meni stall
, ment, and who shall have vested his whole real and perupon vesting Cheir estates in sonal estates, or a sufficient part thereof, in one trustee, Trustees, &c. be free from ar
or more, for the payment of his debts, and for the defraying the expenses of executing that trust, pursuant to the 33 Geo. 2. c. 14. shall be free from all arrests and executions at the suit of any of his creditors, and of and from all the debts contracted and owing by such banker, at the time he stopped payment; and in case such banker shall be arrested, prosecuted, or impeached, for any debt due before such time as he stopped payment, he shall be discharged upon common bail, and shall and may plead in general that the cause of such suit did accrue before such tinie as be stopped payment, and may
give this act and the special matter in evidence; and the I frict of certi- certificate of such banker's conforming, and the allowJ'vait of culiforünly ance thereus according to this act, shall be susñcient
evidence of his having been a banker, and his stopping payment, and a verdict shall thereupon pass for the defendant, unless the plaintiff shall prove that said certificate was obtained unfairly, and by fraud; provided that such banker shall not be entitled to the benefit of this
act, unless the trustees in such deed, or the major part Certificate of wynformity to be of them, shall, in writing under their hands snd seals, Verifieit by oath of wanker : certify to the lord chancellor, that such banker hath in
all things conformed himself according to the directions of the 33 Geo. 2. c. 14. which certificate shall be laid before the lord chancellor for the confirming the same; and unless such banker make oath or solemnly affirm, in writing, that such certificate was obtained fairly and without fraud; and unless two parts in three, in number
and value, of the creditors of such banker, (who shall be
And signed by creditors for not less than £20. and who shall have two thirds of the
creditors. proved their debts before such trustees, or some other person by them respectively duly authorized,) shall sigu such certificate, and testify their consent to such allowance and certificate.
And by s. 2. if any banker who shall have obtained his certificate from such trustees, or the major part of them, and shall have his certificate al
bankers arrested lowed, &c. as by this act is directed, shall be taken in for debts due be
fore they stopped execution or detained in prison, on account of any
be discharged. due before he stopped payment, by reason that judgment was obtained before such certificate was allowed, &c. it shall be lawful for any of the judges of the court wherein judgment shall be so obtained against such banker, on such banker producing his certificate allowed &c. to order any sheriff, or sheriff's bailiff, or officer, gaoler or keeper of any prison, who shall have such banker in his custody by virtue of any such execution, to discharge him out of custody, without payment of any fee ; and such sheriff, &c. shall discharge such banker accordingly, and shall be indemnified from any action for any escape. And by s. 3. any such banker having .
$ 3. stopped payment, and conformed to the 33 Geo. 2. c. 14.
Such banker's of but who shall not have obtained a total discharge from
do not get their bis debts accruing previous to his stopping payment, for certificates in 12
months, may peo want of his certificate, may, after 12 calendar months tition chancellor, from the date of every such deed executed as aforesaid by such banker, apply by petition, verified by affidavit, to the lord chancellor, setting forth the true circumstances of the case relative to such stopping of payment and certificate, (having previously given notice to the trustees, or the major part of them, of such his intended application), and the lord chancellor shall have power to direct the trustees, or the major part of them, to certify upon oath the conformity or non-conformity of such banker to said act, and such other matters as shall seem necessary concerning the same; and the lord chancellor shall have power, if he shall think fit, to order an advertisement to be inserted in the Dublin Gazette, for the allowance of such banker's certificate; and if no suf
33 Ilen.8. st.2. c. 4. Ir.
ficient cause shall be shewn to the contrary within the time limited by the said advertisement, the lord chancellor may allow such certificate as if the same had been signed agreeable to the directions of this act, and make such order for the discharge of such banker from his debts, or otherwise, as shall seem proper; and such certificate, if so allowed, shall be as effectual as if the same had been obtained and allowed agreeable to the directions herein-before mentioned.
P. 566. l. 7.--The 33 Hen. 8. st. 2. c. 4. Ir. provides,
tliat if any person having an estate in any title, dignity, Patents when annuity, lands, &c. granted or to be granted by the void,
king, do attempt any wilful war or invasion, or transgress in any part of his duty of allegiance which the law declareth to be treason, or do not perforin the covenantsand pacts comprised within his letters patent, and the same being proved by due order of law, he shall forfeit all his right, interest, and estate in such name, honour, dignity, lands, &c. And by s. 2. in all gifts and grants
hereafter to be made by the king of any name, title, esPatents what to
tate, or dignity, lands, &c. the words following, or words of the like effect, shall be expressed in said gifts, &c.': “ that if the same person unto whom the same gift, &c. shall be made, or any of his heirs or assigns having his estate in the same or any part thereof, do make any confederation with rebels or enemies, or attempt any wilful war, invasion, or destruction, against the king or his subjects, or by any other means do transgress any part of his duty of allegiance which the law declareth to be treason, and be condemned by due order of law, or do not perform such promise, agreement, grant, or pact, as they or any of them shall make with the king or his council, mentioned in said letters patent, then they shall forfeit to the king all their title, interest, or possession by force of such grant.” Saving (s. 3.) all other for
feitures to the king, as before the making of this act. 34few.3 c.16.
P. 571. 1.11.-The 34 Edw. 3. c. 16. E. & I. which
enacted, that the plea of non-claim of fines should be no Non-claim of fines no bar.
bar, should have been here referred to.
P. 590. I. 15.-By the 38 Geo. 3. c. 71. Eng. every s. 1. Eng person who shall make or cause to be made any new
E. & 1.
39 Geo. 3. c.71.
model, or copy or cast made from such new model, of
Proprietorshin any bust, or any part of the human figure, or any statue in busts, &c. of the human figure, or the head of any animal, or any part
of any animal, or the statue of any animal; or shall make, &c. any new model, copy, or cast from such new model, in alto or basso relievo, or any work in which the representation of any human figure, or of any animal, shall be introduced; or shall make, &c. any new cast from nature of any part of the human figure, or of any part of any animal ; shall have the sole right and property in every such new model, &c. for the term of 14 years from the time of first publishing the same: provided that every person who shall make, &c. any such new model, copy, or cast, or any such new model, copy, or cast in alto or basso reliero, or any work as aforesaid, or any new cast from nature as aforesaid, shall cause his name to be put thereon, with the date of the publication, before the same shall be exposed to sale. And by s. 2, if any person shall, within said it years, make or cause to be made any copy or cast of any such new model, &c. either by adding to or diminishing from such new model, &c. or shall cause or procure the same to be done; or shall import any copy or cast of such new model, &c. for sale; or shall sell or otherwise dispose of, or cause or procure to be sold or exposed to sale, or otherwise disposed of, any copy or cast of any such new model, &c.; without the express consent of the proprietor thereof first obtained in writing, signed by him in the presence of and attested by 2 or more witnesses, then every proprietor of any such original model, &c. shall, in a special action upon the case against the person offending, recover such damages as a jury on the trial of such action, or on the execution of a writ of inquiry thereon, shall give or assess, together with full costs of suit. Provided (s.3.)
. that no person who shall hereafter purchase the right in
Proviso. any such model, &c. of the original proprietor, shall be subject to any action for vending or selling any cast or copy from the same. By s. 4., all actions to be brought as aforesaid, shall be commenced within 6 calendar
Limilation for months after the discovery of every such offence.