extended to

s. 3.'

the accountant

general, &c. of

act by such

enactments in the said several acts contained, in any 52 Geo. 3. c. 32. ways relating to any stocks or annuities transferrable at South Sea stock, the bank of England, or transferrable in the books of the East India stock, &c. governor and company of the bank of England, or to any dividends on such stocks or annuities, shall extend to the South Sea stock, East India stock, and all other stocks, annuities and funds transferrable in the books of the South Sea company, or in the books of the united company of merchants trading to the East Indies, or in the books of any other company or society established or to be established, and to the dividends payable thereon, as if such provisions, &c. mutatis mutandis, were here inserted at length. Provided (s. 2.) that in all cases in which by The acts directthe said first recited act, any act is directed to be done ed to be done by by the accountant general, or the secretary or deputy secretary of the governor and company of the bank of the bank of England under England, the same acts, so far as they relate to South Sea 56 Geo 3. c. 90. stock, East India stock, or other stocks or annuities, to done under this which the provisions, &c. of the said recited acts are person as the hereby extended, shall be done by such persons as shall be appointed for that purpose by the several orders of the court of chancery or exchequer, or of the lord chancellor, under the authority of which such acts respectively are to be done. And by s. 3. this act shall be a complete Companies inindemnity to the South Sea company, East India company, demnified for and all other companies and societies, and their officers payments under and servants, for all things done or permitted to be done pursuant thereto; and the same shall not be questioned or impeached in any court of law or equity, to their prejudice. The 57 Geo. 3. c. 39. G. B. extends the pro- of the 36 Geo.5. The provisions visions of the 36 Geo. 3. c. 90. Eng, and 52 Geo.3.c.158. c 90, and G. B. to all cases of petitions on which the court of chan- extended to pecery, or the lord chancellor, &c. master of the rolls, or cery, &c. in vice chancellor of England, or the court of exchequer, matters of chaare by law authorized to grant relief, and make summary to friendly sority, or relating orders without suit, either in matters of charity, or relative cieties, to or for the better security, or for the application, re- G. B. ceipt, payment, or transfer of any of the funds thereof; or in matters relative to any benefit or friendly societies, or for the better security, &c. of any of the funds thereof.

P. 354.

court shall di rect.

S. 3.

this act.

52 Geo.3.c.158.

titions to chan

57 Geo. 3. c. 59.

Extraordinary commissioners

cellor of Ireland

nesses, and take

affidavits, &c.

Scotland.

55 Geo.3.c.157. s. 1. I.

* misprinted "or"

s. 2.

P. 354. 1. 4. By the 55 Geo. 3. c. 157. I. (already in may be appoint-part stated, ante p. 253) the lord chancellor of Ireland, ed by lord chan or other person or persons having the custody of the to examine wit- great seal for time being, are authorized to appoint one proper person (or more) to swear and examine, in Engin England and land and Scotland, witnesses who shall be produced before him or them in England or Scotland, to be sworn, &c. in suits depending in the court of chancery in Ireland as a court of equity; and to take in England or Scotland answers, pleas and demurrers, [*of] defendants in such suits, and affidavits of parties and others in such suits, in the same manner as the masters in ordinary of the said court of chancery may swear, and the examiner of said court may examine such witnesses, and as the said masters may take such answers, pleas and demurrers, and such affidavits, according to the practice of said court. And by s. 2. the lord treasurer, chancellor, and barons of the exExtraordinary chequer in Ireland, or any 2 or more of them, whereof the commissioners lord treasurer, chancellor, or lord chief baron shall be may be also appointed by court one, are empowered to appoint one fit person, or more, of exchequer in Ireland for the to swear and examine, in England or Scotland, witnesses same purposes. who shall be there produced to be sworn, &c. as witnesses in suits depending in said court as a court of equity, and to take in England and Scotland answers, pleas and demurrers, of defendant in such suits, and affidavits of parties and others in suits depending in said court as a court of law or equity, in the same manner as the barons of said court may swear, &c. such witnesses, and take such answers, &c. and affidavits, according to the practice of said court. And by s. 3. the lord chancellor, Said courts may &c. the master of the rolls, and the-judges of the king's regulate fees and travelling bench, and barons of the exchequer, or 5 or more of them, of whom the lord chancellor or lord keeper, the chief justice of K. B. or C. B. or chief baron of Exc. shall be one, shall, from time to time, order and direct the fees to be taken by the several commissioners to be so appointed, exclusive of travelling charges and expenses, when any such commissioner shall be required to travel from his place of abode for any of the purposes of this act; and shall also, from time to time, order, &c. the

5. S.

charges of such commissioners.

rates

have power to

s. 5,

rates to be taken for such travelling charges, &c. And by S. 4. s. 4. the persons so appointed by said courts respectively, Such officers to shall hold such offices during the pleasure of the court hold during the pleasure of the so appointing them, and shall be deemed to be officers respective thereof, for the purposes aforesaid; and such commission- courts; and to ers respectively shall have power to summon persons to summon witattend them, respectively, at such times and places as they them. nesses before shall appoint, to be sworn and examined as witnesses in suits depending in the courts so appointing them, in the same manner as commissioners appointed by special commission by such courts respectively may examine such witnesses. By s. 5. every person who shall be appointed an extraordinary commissioner under this act, shall, pre- Oath of office before whom vious to entering upon the duties of such office, take the taken by such oath of office herein-after mentioned; which oath shall commissioners, be taken by every such officer as shall be appointed by the court of chancery of Ireland to such duty in England, before one of the masters in ordinary of the court of chancery of England, or other person in England appointed by the court of chancery of England to take affidavits in said court; and such oath shall be taken by every such officer as shall be so appointed to such duty in Scotland, before one of the lords of the sessions in Scotland, or other person or persons lawfully authorized to take affidavits in said court; and if appointed by the court of exchequer of Ireland to such duty in England, then such oath shall be taken before one of the barons of the court of exchequer of England, or other person in England appointed by the court of exchequer of England to take affidavits in said court; and if appointed by the court of exchequer of Ireland to such duty in Scotland, then before one of the barons of the court of exchequer of Scotland, or other person in Scotland appointed by the court of exchequer of Scotland to take affidavits in said court; and every such oath shall, immediately after the same hath been so taken, be transmitted by the officer so taking the same to the proper officer for filing affidavits in the court by which such person has been appointed such commissioner, who shall, upon receipt thereof, file the same as other affidavits. By s. 6. the

following

s. 6.

following form of oath is prescribed: "I do solemnly

Form of oath. and sincerely swear, that I will duly and faithfully, and

5. 7.

Said courts may make orders from time to time touching the conduct of such officers.

"to the best of my skill and power, execute the office of "an extraordinary commissioner of the court of

for the purposes men

❝tioned in the act passed in the year of the reign of “his majesty king George the third, intitled "An act for "the better examination of witnesses in the courts of "equity in Ireland, aud for empowering the courts of

law and equity in Ireland to grant commissions for "taking affidavits in all parts of Great Britain," and shall "in every respect, to the best of my knowledge, conform "to the rules and orders of the said court, and provisions "of the said act. So help my God." And by s. 7. the courts of chancery and exchequer of Ireland shall, from time to time, make such general or particular orders touching the conduct of such their officers in their respective offices, and touching the examination of such witnesses, and the taking of such answers, pleas, demurrers, and affidavits in their said courts respectively, and transmitting the same, as to said respective courts shall seem fit. By s. 8. every person who shall in England or Scotland be sworn or deponed and examined as a witing fal ely be- ness, or sworn or deponed to the truth of any answer, fore such officers plea, or affidavit, before any officer who shall be appointed under this act for taking the same, and who shall in his auswer, plea, or affidavit, wilfully swear or depone falsely, shall be guilty of perjury, and incar the same pains as if he had sworn or deponed falsely in open court: P. 366. l. 35. The 54 Geo. 3. c. 14. U. K.* provides, On resignation, &c. of account that in all cases in which by virtue of this act, or of any ant general property to vest act of parliament, conveyance, assignment, transfer, obli

s. 8.

Persons swear

perjury.

in successor.

54 Geo.3 c.14. U. K.

gation or security, any interest in real or personal estate, &c. hath been or shall be vested in, or made payable or secured to the accountant general of the court of chancery in respect of such his office, the same, upon the death, removal, or resignation of such accountant general, shall

vest

There is nothing in this act to restrain it to the court of chancery of England, though perhaps it was so intended.

s. 2.

ral, vested in

present ac

vest (subject to the same trusts as the same were before respectively subject to) in the succeeding accountant general, by force of this act, and without any act to be done by the accountant general resigning or removed, or by the heirs, executors or administrators of any accountant general resigning, removed, or dying, or any person claiming under him or them, and notwithstanding any such interest may have been expressed to have been vested, &c. in the accountant general, his heirs, executors, administrators and assigns, or any of them, and shall and may be proceeded upon in the name of such succeeding accountant general, &c. And by s. 2. in all cases in which by virtue of any act of parliament, &c. any interests in any Property herereal or personal estate have been heretofore vested in any any former actofore vested in former accountant general as accountant general, and conntant gene which, notwithstanding, may now remain vested in his heirs, executors or administrators, the same shall, by force of this countant general, &c. act, be vested in the present accountant general, and shall and may be proceeded upon in the name of the present accountant general, or the accountant general hereafter for the time being, &c. And by s. 3. all acts done or to be done by the present or any future accountant general, Acts done by present or any under any order or decree of the court of chancery, former account. touching any real or personal estate, the interest wherein ant general,under any order is by this act vested in the present accountant general,' of court, valid. and in succeeding accountants general, shall, by force of this act, be deem valid; and also all acts heretofore done by any accountant general for the time being, în obedience to any such order or decree, touching any real or personal estate, the interest wherein might have remaind, at the time such acts were done, in any former accountant general who had resigned, or been removed, or in the heirs, executors or administrators of any then deceased accountant general, shall by force of this act be deemed to be valid.

P. 370. 7. 1. The 55 Geo. 3. c. 114. I. which respects the authority of the master of the rolls in Ireland to appoint the six clerks of the court of chancery in this country, has been already stated ante p. 179. &c. and is to be here referred to.

P. 373.

s. 3.