& 7 Will. V., c. 28, c. 2.

id, sec. 3.

id, sec. 4.

sufficient security and indemnification against all contraventions
of the duty or purpose for the due performance of which such
security was required.

upon certifi

cate of default

It shall be lawful for the said Postmaster-General upon the Such stock or certificate of the Accountant-General of the Post Office, and bills to be sold for such Chief Commissioner and for such Chairman as aforesaid upon the certificate of the Commissioners of such department in the condiof the Revenue, that the Revenue has been damnified by any tions of deAct done or any payment or duty omitted in contravention posit, and the produce paid of the duty or purpose for the due performance of which such to the departsecurity was required as herein before mentioned, and they and ment suffereach of them are hereby required to sell so much of such stock ing by the or of such exchequer bills as shall be necessary to make good any loss so occasioned, and to pay the proceeds thereof to the Receiver-General of that department of Revenue in respect of which such loss has been sustained.

default.

in the Bank

General, &c.,

When any stock shall be transferred, or any deposit of Such stock or exchequer bills shall be made, in pursuance of this Act, the said bills to stand stock shall be transferred into and the said exchequer bills shall books in the be deposited in the name of His Majesty's Postmaster-General, name of the the said Chief Commissioner, or the Chairman of the Board of PostmasterCustoms, Excise, or Stamps and Taxes, as the case may be, and and not be the account into which such stock shall be transferred or in transferred which such deposit shall be made shall be so headed in the except upon Bank of England, and no transfer of such stock, or delivery or sale of such exchequer bills, shall be made, except upon such certificate as is herein mentioned.

Every such certificate shall be drawn up in this form:

FORM OF CERTIFICATE.

To His Majesty's Postmaster-General, [or to the Chief Commis-
sioner of His Majesty's Woods, Forests, Land Revenues,
Works, and Buildings, or Chairman of

as the case may be].

Whereas on the

day of

Stock [or Exchequer Bills] were transferred
[or deposited, as the case may be] as a security for
[state the purpose for which the security was given]

certificate.

Form of certificate.

1, sec. 5.

This is to certify, that

[state the breaches]

and that the Revenue of

damnified to the extent of

hath been thereby
[or that

such security is no longer necessary].

Upon every such transfer or deposit as aforesaid a declaration A declaration of the purposes for which the security is given, in this form:

FORM OF DECLARATION.

It is hereby declared, that

has

of the pur

poses for

which the security is given to be made in the

[transferred Stock, or hath deposited Exchequer Bills, as the case Form given

may be] to the amount of

as a security for

in the Schedule.

с

Such decla

pursuant to the provision of an Act of Parliament passed, et

cætera.

shall be signed by the person or persons, or by the Treasury or
Secretary or other chief officer of any body corporate, trans-
ferring such stock or making such deposit, and by the Post-
master-General, or the Commissioner of the department of the
Revenue requiring such security; and such declaration shall be
deposited with the said Postmaster-General or such Commis-

sioners.

pro

IV., c. 23,

sec. 6.

The declaration to be signed as aforesaid, and all the 6 & 7 Will. ration to ap- visions in this Act contained relating to the deposit of Exchequer ply to excheBills, shall be deemed to apply as well to the particular bills quer bills received in so to be deposited as to any other bills to be received from time exchange to time in exchange for such bills, or for the bills from time to for those deposited. time received in exchange in consequence of such bills or any of them being ordered to be paid off.

The Commis

Neither the Treasury nor the said Postmaster-General, nor Ibid, sec. 7. sioners of the the Commissioners of the said departments of the Revenue, Treasury, Postmaster- shall be in any way personally liable for any act done by them General, &c., in pursuance of this Act; but that all actions and suits, both at not personally Law and Equity, commenced against them or any of them in done by them pursuance of this Act, shall be null and void, and shall be in pursuance quashed and vacated, upon summary motion, by the Court in which they are commenced, which Court is hereby required to give to the defendant in such an action or suit the full costs of such motion, to be taxed as between attorney and client.

liable for acts

of this Act.

Stock so transferred and Exchequer Bills so deposited to vest in successors of depositees.

Such stock or

transferred

cate that

security is no longer required.

All stock transferred to and all deposits of exchequer bills Ibid, sec. 8. made in the name of the said Postmaster-General, or of such Chief Commissioner, or of the said Chairman respectively, by virtue of this Act, shall have the effect of vesting such stock or exchequer bills for the purposes of this Act in the PostmasterGeneral, such Chief Commissioner, and in such Chairmen for the time being, and their successors, who are hereby authorized and required to make sales of stock and exchequer bills as is herein mentioned.

It shall be lawful for the said Postmaster-General, such Ibid, sec. 10 Exchequer Chief Commissioner, and for the Chairmen respectively, and Bills to be re- their successors, and they are hereby required, upon the applicaupon certifi- tion of the person or persons or bodies corporate transferring such stock or depositing such exchequer bills, and upon the certificate of the Accountant-General of the Post Office, or of the Commissioners of the Revenue upon whose account such transfer or deposit has been made, that such transfer or deposit is no longer necessary for the security of the revenue under their charge, to re-transfer such stocks or to deliver up such exchequer bills to the person or persons or bodies corporate who transferred or deposited the same.

Re-transfer to personal representatives of depositors.

Such re-transfer or delivery made to the personal representa- Ibid, sec. 11 tives of any person or persons transferring or depositing such stock or exchequer bills shall be valid and effectual to all intents and purposes whatever.

6 & 7 Will. V., c. 28, ec. 12.

bid, sec. 13.

bid, sec. 14.

Sid, sec. 15.

Sid, sec. 16.

& 2 Vict.

may have the

Where any Joint Stock Companies, having any joint stock Joint stock or exchequer bills in the name or names of any person or companies persons as trustees for the partners forming such company, shall benefit of this be desirous of making any transfer of stock or deposit of ex- Act. chequer bills for the purposes mentioned in this Act, it shall be lawful for them so to do, and all the provisions in this Act shall apply to transfers and deposits so made.

the Bank of

by them in

The Governor and Company of the Bank of England shall Governor and be and are hereby indemnified for any act done or permitted to Company of be done by them in pursuance of this Act; and that all actions England inand suits, both at law and in equity, commenced against the demnified for said Governor and Company of the Bank of England for and in any acts done respect of any such Act or Acts shall be null and void, and shall pursuance of be quashed and vacated, upon summary motion, by the court this Act. in which they are commenced; which court is hereby required. to give to the defendant in such an action or suit the full costs of such motion, to be taxed as between attorney and client.

Westminster

As disputes may arise between parties making transfers and Courts at deposits in manner mentioned, whether any default has been to determine made or any damage has been sustained to the amount certified disputes in manner hereinbefore mentioned; be it further enacted, that about defaults; all such disputes shall be determined in a summary manner in one or other of His Majesty's Courts of King's Bench, Common Pleas, or Exchequer at Westminster, and that there shall be no appeal against any decision so made: provided always, that if and may order it shall seem just to the Judges of any of the said courts that ment of any sum of money paid by virtue of this Act should be repaid, money paid to order the Receiver-General of the Revenue to which it has by virtue of been paid to repay the same to such person or persons and on such account as the said Judges shall think fit.

the repay

this Act.

account to

Any sum of money paid by any Receiver-General under Sums paid to such an order shall be allowed to him in account, and such be allowed in Receiver shall not be again called upon for such sum in any Receivermanner whatsoever; and any proceedings instituted to compel General such Receiver-General to pay such sum shall be null and void, paying them. and shall be set aside by the court in which the same may have been instituted, upon summary motion.

direct

It shall be lawful for the Judges of any of the said courts to Judges may direct that any question arising before them upon such pro- questions to ceeding may be tried by a jury in such manner as such Judges be tried by a shall direct.

jury.

deposited as security may be

The last mentioned Act was amended on the 31st July 1838 Stock, &c., 61, sec 1. by the 1 & 2 Vict., c. 61. This Act after reciting Sections 1, 3, and 9, enacted, that any public stock standing in the said books of the Bank of transferred England in the name of the Postmaster-General, or of the said into joint names of the Chief Commissioner, or of the said Chairman for the time being, public officers and any exchequer bills so deposited as aforesaid, and any stock and depositor, or exchequer bills which shall at any time hereafter be required who may to be transferred or deposited by way of security in pursuance dividends. of the said Act or Acts, may be transferred in the said books

receive

Stock, &c.. may be sold

on certificate of public officer.

Provisions of recited Act

and this Act to extend to

into or deposited in the name of such Postmaster-General, or of
such Chief Commissioner, or of such Chairman for the time
being, and into and in that of any person or persons or body
corporate from whom such security has been or may be required,
or into the name of any person appointed by him or them; and
that the dividends upon all stock so transferred, and the interest
upon all exchequer bills so deposited, may be received by such
person or persons in whose name such stock may be standing
or in whose name such exchequer bills may be deposited jointly
as aforesaid, or by any other person or persons duly authorized
by letter of attorney executed by such person or persons or
body corporate; and that so much of the said Act hereinbefore
recited as enacts that such dividends and interest upon such
exchequer bills shall be paid to such Receivers-General shall be
and the same is hereby repealed.

Then, reciting Section 2 it enacted, that nothing herein 1 & 2 Vict.,
contained shall extend to prevent or restrain the sale of any c. 61, sec. 2.
stock or exchequer bills so transferred as aforesaid upon such
certificate as is herein lastly above recited; but every such
certificate shall specify the names in which the stock or ex-
chequer bills intended to be sold is standing or deposited; and
upon the production of any such certificate the Governor and
Company of the Bank of England shall permit the Postmaster-
General, such Chief Commissioner, or Chairman, as the case
may be, to sell, assign, or transfer stock, or shall deliver to such
Postmaster-General, Chief Commissioner, or Chairman, exchequer
bills to the amount in such certificate specified from the account
therein mentioned, notwithstanding such stock or such ex-
chequer bills shall have stood in the said books in the names of
such Postmaster-General, Chief Commissioner, or Chairman,
and some other person or some body corporate jointly.

It then extended the provisions of these Acts to others, thus: Ibid, sec. 3. All or any of the provisions of the said Act and of this Act shall and they are hereby extended to all persons who are or shall parties giving be required to give bond for the proper and faithful discharge bonds for the of the duties of any public office under the Crown, and it shall due discharge be lawful to and for the Treasury, by Warrant under their

of their

duties in offices under

the Crown, &c.

hands to the Governor and Company of the Bank of England
or the Governor and Company of the Bank of Ireland, as the
case may be, to appoint the officer or officers in whose name or
names such stock or exchequer bills shall be deposited, and to
make such regulations as may be necessary for extending the
provisions of the said recited Act and of this Act to such other
cases as are hereby authorized.

In August 1867, the 30 & 31 Vict., c. 108, was passed, to 30 & 31 Vict
provide for the guarantee of persons by companies, societies, c. 108.
and associations, and policies or agreements were in some
instances granted for the fidelity of officials. The Act was,
however, repealed on the 11th August 1875 by the 38 & 39 Vict.,
c. 64 ("The Government Officers' Security Act, 1875"), and
every certificate granted by the Treasury to a company was
cancelled with these provisions:

B & 39 Vict., 64. sec. 1.

id, sec. 2.

bid, sec. 3.

Provided as follows:

(1.) Where a certificate has been given by the employer
as mentioned in the said Act of the amount due
in respect of any loss from the guarantor, such
certificate shall continue to have the same effect
as provided by the said Act; and,

(2.) All rights and remedies vested in any company under

section seven of the said Act shall continue to be
so vested; and,

(3.) Such remedy, and any investigation or legal pro-
ceedings in respect of any such right, loss, or
remedy, may be had and carried on in like manner
as if this Act had not passed.

The other enactments were these:

Where a person holding any office or employment in the Power to
public service is required by law to give security for the due Treasury to
performance of the duties of such office or employment, the vary security.
Treasury may from time to time, if they think fit, by warrant
made upon the representation of the head officer of the depart-

ment in which such person serves, authorise that head officer, in
such case, under such circumstances, and upon such conditions
as may
be specified in the warrant, to vary the character of the
security, notwithstanding that the same may be prescribed by
any Act or otherwise.

The Treasury may from time to time, by warrant made upon
the like representation, revoke or vary any previous warrant
made in pursuance of this section.

A warrant made in pursuance of this section may apply to any class of persons as well as to any single person.

Every warrant of the Treasury made in pursuance of this section shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the next session of Parliament.

For the purposes of this section every person who is remunerated out of the Consolidated Fund, or out of moneys provided by Parliament, or out of fines or penalties, or other moneys which otherwise would be paid into the receipt of Her Majesty's Exchequer, or out of other public revenue, or who holds any public office or employment under the Crown in respect of which he is entitled to fees, shall be deemed to hold an office or employment in the public service.

The expression "Treasury" in this Act means the Commissioners of Her Majesty's Treasury.

Where the guarantee of any company has, before the passing As to security of this Act, been accepted as security for any person holding given before the passing of any office cr employment in the public service, such guarantee Act. shall continue to be received as security for such person, subject to any power which the head officer of the department in which such person serves may have to require some other security.