Persons appointed to offices of public trust in England shall give

security within certain periods.

Persons

neglecting to give security and register memorials to

forfeit their offices.

It then enacts1 that every person who shall be appointed to 50 Geo. II any office or employment or commission, civil or military, or in c. 85, sec. 1. any public department belonging to that part of the United Kingdom called England, or to any such office or employment of public trust under the Crown, or wherein he shall be concerned in the collection, receipt, disbursement, or expenditure of any public moneys, and who by reason thereof shall be required to give security with surety or sureties or otherwise, shall, within one month after notice of such appointment, if he shall then be in England, or within two months if he shall then be in Scotland or Ireland, or within six months if he shall then be in any other part of Europe, or in America, or in the West Indies, or within nine months if he shall then be in Africa, or within eighteen months if he shall then be in the East Indies or in any other part of Asia, or within ten months if he shall then be on the High Seas (unless he shall sooner arrive in England or Wales or Scotland or Ireland, and then within two months after such arrival), give, execute, and enter into a bond or bonds, or other security or securities, in such sum and with such sufficient surety or sureties as shall be approved of by the Lords Commissioners of the Treasury, or any three or more of them, or by the principal officer or officers or person or persons in the office or department to which he shall be appointed, for the due performance of the trust reposed in him, and for the duly accounting for all the public moneys intrusted to him or placed under his control.

Provided always, and be it further enacted, that if any person Ibid,sec. 7. who by reason of his appointment to or holding of any such office or employment or commission, civil or military, in any public department or of public trust, or who, by reason of being concerned in the collection, receipt, disbursement, or expenditure of any public money, is required or bound to give any such security or register any such memoral as aforesaid, shall neglect to give such security, and to cause such memorial thereof to be duly registered in manner aforesaid, and within the period specified in this Act, he shall forfeit and be deprived of the appointment, office, employment, or commission in respect

1 Upon this and the later Acts questions have arisen, upon which the late Mr.
Welsby advised in July 1859.

1st. Whether the Secretary of State for the War Department can dispense with
a bond and accept any security other than public stock or exchequer bills.
2nd. Whether in cases where he has dispensed with bonds and taken Canada.
Debentures, &c., or other securities than public stock, &c., the appoint-
ments have or have not become void (the time allowed having elapsed).
3rd. If such appointments have become void, what course should be taken in
respect thereof, should re-appointments be made and bonds given, or how
otherwise.

Opinion.

1. I am clearly of opinion that the Secretary of State has no power to dispense with a bond and to take in lieu thereof any security other than public stock standing in the books of the Bank of England or exchequer bills.

2 and 3. I think that in such cases the appointments have become void, but the Secretary of State may make a fresh appointment, taking proper security.

52 Geo. III.,

. 66, secs. 1 & 2.

Ibid, sec. 5.

Ibid, sec. 6.

whereof such security ought to have been given and memorial
registered as aforesaid, and every such appointment, office, em-
ployment, or commission shall from and after the period specified
in this Act for registering such memorial be wholly void and of
none effect: Provided always, that such avoidance shall not
annul or make void any Act or Order, or other matter or thing,
done by such person during the time he actually held such ap-
pointment, office, employment, or commission.

By the 52 Geo. III., c. 66, the provisions of the previous Act
were extended to Scotland, and to the government officials
there, but not to Ireland.

The other provisions are these:

securitics.

And be it further enacted, that in every public office or An officer in department the officers or persons belonging to which are every departrequired to give security in manner directed by the said recited ment to keep Act or by this Act, some person or persons belonging to such office or department shall be appointed, and authorized and required, by the person or persons having the power, direction, and control over such office or department, to keep and register the securities relating to the office or department to which he shall belong, and from time to time to report the state thereof in manner directed by this Act; and all such securities as aforesaid shall be delivered to such person or persons, to be registered under this Act, within such periods (except where otherwise prescribed by this Act), and under and subject to the same penalties and forfeitures in case of neglect or omission to deliver such securities as are prescribed in the Act with respect to registering memorials with the Register of Middlesex.

before heads

And be it further enacted, that the person so to be appointed Such officer to or to be employed to keep and register the securities given or lay accounts required to be given by persons employed in or belonging to of departeach respective public office or department shall, immediately ments, &c., after the passing of this Act, keep a book of entry of all annually. securities given in such office, and shall in the first place enter therein all securities of persons belonging to such office which have been already registered in the office of the Register of the county of Middlesex, and shall thereafter from time to time. enter therein all such securities, and also all deaths of sureties, and all omissions or neglects in giving securities, or in supplying the places of any sureties, and all other particulars necessary to show the actual state of the securities in such respective office or department, and shall within three months after the passing of this Act, and thereafter once in each year between the 5th day of January and the 25th day of March, lay an account of the state of the securities in such department at the time of the making out such account, together with an abstract thereof, before the Commissioners or other head officer or officers of the office or department to which the securities shall relate or in which the same are taken; and such abstract shall within one month after the said 25th day of March in each year be transmitted to the Lord High Treasurer or the Commissioners

Notice of death or bankruptcy of sureties

to be given.

Heads of

departments may allow further time for giving securities.

of the Treasury for the time being of Great Britain, with a
minute in each case of any orders which may have been given
by the respective Commissioners or other head officer or officers
aforesaid in relation to any omissions or neglects as to such
securities, or the keeping the account thereof, and of what may
have been done upon any such orders.

And be it further enacted, that every such person as afore. 52 Geo. III.,
said who shall have given any bond or bonds or other security c. 66, sec. 8.
or securities, with surety or sureties, for the due execution of
trust reposed in him, or for the duly accounting for public
moneys coming to his hands, shall give notice in writing to the
head of the office or department to which he shall belong of
the death or bankruptcy of any surety or sureties or person or
persons bound for or with him in any such security or securities,
within four calendar months after the same shall have come to
his knowledge, if he shall reside or be in Great Britain or
Ireland, and if he shall then be on the High Seas, then within
four calendar months after his arrival in Great Britain or Ireland,
or within twelve calendar months if he shall then be in any
Parts beyond the Seas, except in the East Indies or Parts
beyond the Cape of Good Hope, and within eighteen months if
he shall be in the East Indies or in any Parts beyond the Cape
of Good Hope, unless he shall sooner arrive in Great Britain or
Ireland, and then within four months after such arrival; and
every such person who shall neglect to give such notice within
such period as aforesaid shall forfeit one-fourth part of the sum
for which the surety so dead or become bankrupt shall have
given security, to the use of His Majesty, to be recovered, if
such neglect shall relate to any such office or employment in
England, in any of the Courts at Westminster, by action of debt,
bill, plaint, or information, at the suit of His Majesty's Attorney-
General, and if such office or employment be in Scotland, then
to be recovered there in the Court of Session, or in the Court
of Exchequer in Scotland, by action of debt, bill, plaint, or
information, at the suit of His Majesty's Advocate; and every
such person who shall upon the death or bankruptcy of any
surety neglect to give the security of another surety, to be
approved in such manner as such surety dying or becoming
bankrupt was approved, within such period from his having
given notice of the death or bankruptcy of the former surety
as is by the said Act and this Act limited for giving and
registering the original security, the same regard being had to
the place in which such person may then be, shall forfeit his
appointment, office, employment, or commission, in like manner
and under and subject to the provisions in the said recited Act
contained for extending such periods and giving relief in the
cases in the said recited Act and this Act specified.

Provided always, and be it further enacted, that if it shall Ibid, sec. 9. appear to the persons or person being at the head of and having the chief management and direction of the public department in which such office or place shall be, or to such number of the Commissioners or persons at the head of such public department

2 Geo. III.,

as by the law, usage, or custom of such department are
authorized or empowered to make any order relating to the
public business of such department, to whom respectively notice
shall have been given of the death of any such surety, that the
period limited by this Act for giving the security for such new
surety is, in consequence of particular accidents, casualties, or
circumstances, insufficient, or that by reason of the distance, or
loss of letters, or illness, or refusal of any surety to give the
security, or of such surety being not deemed eligible, and being
rejected, or any other accident or casualty, that further time
will be necessary to enable the security of such new surety
to be given, it shall be lawful for such officer or commissioners
as aforesaid, or person or persons so at the head of any public
department as aforesaid, to allow such further period for giving
the security of such new surety as shall appear to be reasonable
and proper; provided that such extended period shall in no
case exceed 12 months beyond the period allowed by this Act;
provided also, that the precise period proposed to be allowed,
together with the special grounds for allowing the same, shall
be either entered in the book in which the original security
shall have been registered, or endorsed on the back of the
original bond or other deed or security itself; and the person
required to give the security of such new surety shall not be
subject to any forfeiture or penalty for not giving the same
within the time limited by this Act, if he gives it within such
extended period so allowed as aforesaid.

to remit

Frovided always, and be it further enacted, that it shall be His Majesty . 66, sec. 10. lawful for His Majesty to remit any forfeiture or penalty in any empowered case in which the failure of giving any security, or registering forfeitures. any memorial or security, under the said recited Act, or the delivery of any security to the proper officer or person to be registered under this Act, shall not have arisen from any wilful neglect of the person bound to give such security or register such memorial, or deliver such security.

bid, sec. 11.

Scotland may

And whereas it has been the practice in some of the public Bonds in offices in Scotland to take bonds or securities from persons Scotland holding offices there according to the forms of the law of according to Scotland, whereby property, real and personal, can, if necessary, the Form of be speedily and effectually attached, and which practice has the Law of been found expedient in several instances: Be it therefore Scotland or of England. further enacted, that it shall and may be lawful to take bonds and securities. to be granted by persons holding public offices in Scotland, according to the forms observed in Scotland or hitherto adopted, or according to the forms observed in England, as it shall be deemed most expedient, and also to prosecute, sue for, and recover upon the bonds already granted or to be granted according to the forms observed in the law of Scotland, or according to the forms observed in the law of England, either in the Court of Session or Court of Exchequer in Scotland, and according to the process and diligence used in these respective Courts, as shall appear best calculated in the circum

The period for registry

stances of the case to obtain the speedy and effectual recovery

of the public money.

Provided always, and be it further enacted, that where the 52 Geo. III., of securities to securities of the principal and sureties are executed at different c. 66, sec. 13 be estimated times, whether the same are taken in one and the same bond, deed, or other instrument, or in different ones, and the period limited for registering such securities shall be estimated from the time of the execution thereof by the person who shall have been the last to execute any such bond, deed, or other instru

from the time

of the execution by the

last person.

No irregularity to avoid securities.

Deeds to be registered, although the period shall have expired.

Persons re

ment.

Provided always, and be it further enacted, that no neglect, Ibid, sec. 14. omission, or irregularity in giving or renewing the bonds or other securities, or registering the same, within the periods or in the manner prescribed by the said recited Act or this Act, shall be construed to have vacated or made void, or to vacate or make void, any such bond or other security, or to have discharged or to discharge any surety from the obligations of any such bond or security.

Provided also, and be it further enacted, that all deeds, Ibid, sec. 15. bonds, or other securities required to be registered shall be registered by the proper officer, notwithstanding the period prescribed for registering the same shall have expired; but no such registering of any such deed, bond, or other instrument shall be deemed or construed to waive any forfeiture or penalty, or to exempt the person on whose behalf the same shall have been registered from any forfeiture or penalty, under any of the provisions of the said recited Act or this Act.1

In July 1836 the 6 & 7 Wm. IV., c. 28, was passed. Those from whom security was required in any matters relating to the Post Office, Land Revenue, Customs, Excise, Stamps, or Taxes, in lieu of security by bond, were permitted to transfer stock, or deposit Exchequer bills as in the Act mentioned.

Its enactments were these:

It shall be lawful for any person or persons, or for any 6 & 7 Will. quired to give bodies corporate from whom any such security is required, and IV., c. 28, security to who may be desirous of adopting the provisions of this Act, in sec. 1. different departments of lieu of giving the same by bond, by and with the consent of the the Revenue Treasury, to transfer into the name of the Postmaster-General, may do so by or of the Chief Commissioner of His Majesty's Woods, Forests, a transfer of Land Revenues, Works, and Buildings, or of the Chairman for stock or deposit of ex- the time being of the Commissioners of that department of the chequer bills. Revenue in respect of which such security is required in the books of the Bank of England, so much of any public stock standing in the said books in the name or names of such person or persons or bodies corporate, or to deposit in the Bank of England in the name of the said Postmaster-General, or Chief Commissioner, or of such Chairman, such an amount of Exchequer Bills as shall be in the judgment of the Treasury, a

1 These registries created a charge against the debtor's real estate, which can now be released under the 16 and 17 Vict., c. 107, secs. 195, 196, and 197, which are applied to any securities given to the Crown by the 23 and 24 Vict., c. 115.