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14Edw. 3. st.1.

tifies any man's deed to the use of another, or hath granted any thing as much as in him lies, or where a deed is shewn whereby the king restored any thing, and [*no] clause contained therein whereby he ought to warrantize, and in like cases, the justices shall not surcease, but the same being shewed to the king, they shall proceed without delay. By the 14 Edw. 3. st. 1. c. 14. E. & I. in case a man demand by petition tenements which c. 14. E. & I. be in the king's hands, and be answered in the parlia- Delays in case ment, chancery, or king's bench, that the king will that of praying aid of the king,avoided a writ be sued to the treasurer and chamberlains of the exchequer, to search charters, miniments, and other remembrances, whereby he may make answer; after that the 4 writs be returned, whether the miniment or remembrance be found for the king, or not, then in the parliament, chancery, or the king's or common bench, they which shall sue for the king, shall be put to answer, and to defend the tenements demanded against the king, so always that every of the 4 writs be delivered to the treasurer and chamberlains 40 days before the return; and by the great or privy seal no point of this statute shall be put in delay.

P. 531. l. 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 ante p. 346.

s. 7. Ir. Alienation of glebes.

29Geo.2. c.16.

P. 556. l. 8.—The 29 Geo. 2. c. 16. Ir. may be here 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'

tioned in their

notes.

s. 2.

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 shall 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 to to be a banker, trade or traffick as a merchant in goods or chant. merchandizes imported or exported, upon pain of for

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* Mr. Ruffhead in his edition of the statutes, and Mr. Williams in his digest, seem to have mistaken the wording and meaning of this act. Vide 2 Co. Inst. 270.

trade as a mer

s. 4.

Penalties how recovered.

s. 1. Ir.

Bankers who have stopped payment shall,

upon vesting

their estates in rustees, &c.

be free from arTests, &c.

feiting £1000. By s. 4. all sums of money to be for feited by this act, may be recovered in any of the Fourcourts in Dublin by any person in his own name, by action of debt, &c. founded on this act: provided such suit be commenced within 12 calendar mouths 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 other 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 payment, and who shall have vested his whole real and personal estates, or a sufficient part thereof, in one trustee, 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 time as he stopped payment, and may give this act and the special matter in evidence; and the Effect of certi certificate of such banker's conforming, and the allowance thereof according to this act, shall be sufficient 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 conformity to be of them, shall, in writing under their hands snd seals, verified by oath certify to the lord chancellor, that such banker hath in of banker: 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

picate of confur

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and

creditors.

s. 2.

bankers arrested

for debts due be
fore they stopped
payment, shall
be discharged.

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
proved their debts before such trustees, or some other
person by them respectively duly authorized,) shall sign
such certificate, and testify their consent to such allow-
ance and certificate. And by
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- Certificated
lowed, &c. as by this act is directed, shall be taken in
execution or detained in prison, on account of any debt
due before he stopped payment, by reason that judg-
ment 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
stopped payment, and conformed to the 33 Geo. 2. c. 14.
but who shall not have obtained a total discharge from do not get their
his debts accruing previous to his stopping payment, for certificates in 12
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 circum-
stances 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 adver-
tisement to be inserted in the Dublin Gazette, for the
allowance of such banker's certificate; and if no suf-

ficient

£ 3.

Such bankers dë

months, may pe

&c.

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33 Hen.8. st.2. c. 4. Ir.

void.

s. 2.

Patents what to contain.

ficient cause shall be shewn to the contrary within the
time limited by the said advertisement, the lord chan-
cellor 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, that if any person having an estate in any title, dignity, Patents when annuity, lands, &c. granted or to be granted by the 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 perform the covenants and 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, estate, 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 forfeitures to the king, as before the making of this act.

34Edw.3 c.16. E. & 1.

P. 571. 7. 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 bar, should have been here referred to.

fines no bar.

38 Geo. 3. c.71. s. 1. Eng.

P. 590. l. 15.—By the 38 Geó. 3. c. 71. Eng. every person who shall make or cause to be made any new

model

S. 2.

model, or copy or cast made from such new model, of Proprietorship any bust, or any part of the human figure, or any statue in busts, &c. protected. 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 relievo, 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 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 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 months after the discovery of every such offence.

P. 605.

s. .3

Proviso.

s. 4.

Limitation for

actions.

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