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Monies received

by Receivers to be applied under

the Orders of the Court.

Treasury authorized to refer

Public Accounts

to Chief Remembrancer.

Chief Remem

brancer may take Evidence vivâ voce or by Affidavit.

Order of Chief Remembrancer to be Order of the Court, but may be reversed, varied, or altered by the Barons.

than he would be if his Debtor became bankrupt after Execution executed.

XXXVIII. And be it enacted, That in case any Sum shall be received by any such Receiver before an Order shall be made to extend him to the Matter of another Petition, the Money so received by him shall be distributed and paid, under the Orders of the Court, as it would have been if such further Order extending him had not been made, but in distributing the Funds thereafter to be received the Court shall have Regard to the Rights of the Person or Persons at whose Instance the Order extending the Receiver was made; and the Court shall have Power, if it shall think fit, to direct in any Case that the Costs incurred by the Person at whose Instance the Receiver was first appointed in procuring such Appointment be paid out of the Funds collected by the Receiver, without regard to the Priority of the Person on whose Application such Receiver was appointed.

XXXIX. And whereas it is expedient to alter and amend an Act passed in the Second and Third Years of the Reign of His present Majesty, intituled An Act for transferring the Powers and Duties of the Commissioners of Public Accounts in Ireland to the Commissioners for auditing the Public Accounts of Great Britain;' be it therefore enacted, That it shall be lawful for the Lord High Treasurer or any Three or more of the Commissioners of His Majesty's Treasury, and he and they are hereby authorized, in all Cases in which he or they shall think fit, to refer it to the said Chief Remenibrancer of the Court of Exchequer in Ireland to inquire into the Matter of any Account or into any Question arising upon any Account of any Person, Body Corporate, or Board intrusted with the Care or Application of any Public Money in Ireland, and to report to the said Lord High Treasurer or the Commissioners of His Majesty's Treasury his Opinion thereupon; and the said Remembrancer is hereby required to inquire and report accordingly.

XL. And be it enacted, That it shall be lawful for the said Chief Remembrancer in proceeding such Reference as aforesaid, or upon any of the Matters herein-before mentioned, to examine all such Parties and Persons as he shall deem proper upon Oath, and to take Evidence viva voce, or by Affidavit, or upon written Interrogatories, to be exhibited by his Examiner or any Commissioner to be by him appointed for that Purpose, and to issue Process to compel the Attendance and Examination of Parties and Witnesses, and the Production of Books, Papers, or Writings, before him, or such Commissioner or Examiner as aforesaid, and to that end to exercise all Powers vested for such Purposes in the said Court.

XLI. And be it enacted, That every Order made by the said Chief Remembrancer in proceeding upon any of the Matters aforesaid shall be entered by his Secondary, and shall be deemed and taken to be an Order of the said Court, and shall be executed as such: Provided always, that every such Order may be reversed, varied, or altered by the Chief Baron and the other Barons of the said Court, upon Motion or Petition, provided that such Motion or Petition be made or presented within the Term ensuing the Time at which the Party complaining shall have

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Notice of the Order complained of and otherwise that such Order

shall be final and conclusive.

XLII. And be it further enacted, That such Fees as are spe- Fees for Second cified in the Second Schedule to this Act annexed, and as shall Remembrancer. be ordained and authorized by any Order or Orders to be for that Purpose made by the said Court of Exchequer, and no other, shall be taken by the said Second Remembrancer; and it shall and may be lawful for the Lord Chief Baron of the said Court, and the Lord High Treasurer or any Three or more of the Commissioners of the Treasury for the Time being, and they are hereby required, by some Writing under their respective Hands, to ascertain for and allow to the said Second Remembrancer such annual Salary thereout as to them shall seem reasonable; and such Salary shall be paid and payable to him quarterly, (that is to say,) on every Fifth Day of January, Fifth Day of April, Fifth Day of July, and Fifth Day of October in every Year; and he shall keep One or more Book or Books, and shall cause all Fees by him received to be duly and regularly entered therein, and shall submit the same to the Inspection of the said Lord Chief Baron and of the said Lord High Treasurer or Commissioners of the Treasury, or such Person as they shall appoint for that Purpose, whenever he shall be thereto required; and shall also within One Week after each of the Quarter Days aforesaid render a true and faithful Account in Writing (to be verified on Oath if required) to the Lord High Treasurer or Commissioners of the Treasury for the Time being of all Fees by him received and retained in the Quarter immediately preceding the rendering of such Account; and shall also within the same Period pay over the Balance of such Account (if any) into the Receipt of His Majesty's Exchequer at Dublin: Provided always, that if upon the Examination of any such Account it shall appear to the said Lord High Treasurer or Commissioners aforesaid that any unreasonable or improper Charge or Deduction has been made therein, the same shall be disallowed by the Treasurer or Commissioner; and the Amount of all and every Sum of Money so disallowed shall, within Ten Days after such Disallowance thereof shall be notified to the said Second Remembrancer, and be paid by him into the said Receipt of His Majesty's Exchequer; and the said Treasurer or Commissioners shall cause Copies of all such Accounts to be laid before each House of Parliament at the Commencement of the Session of Parliament next after the rendering thereof; and all Sums so paid into the Receipt of the Exchequer shall be carried to the Credit of the Consolidated Fund, a separate Account being kept thereof: Provided also, that the said Second Schedule and every thing therein contained shall be deemed and be Part of this Act.

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XLIII. And whereas by an Act passed in the Fourth Year Officers of the ' of His late Majesty it is enacted, that the said Chief Remem- Equity Side of 'brancer and every other Officer of the Equity Side of the Court the Exchequer of Exchequer in Ireland shall respectively execute the Duties of disqualified

to sit in

‹ his Office in Person, except only in case of Sickness or neces- Parliament. sary Absence;' be it therefore enacted, That no Person holding the said Office of Chief Remembrancer or the said Office of Second Remembrancer, or any other Officer on the Equity or

Elections of

such Persons to Parliament void.

Commencement of Act.

Review Side of the said Court of Exchequer, shall be capable of being elected or of sitting or voting as a Member of the House of Commons.

XLIV. And be it further enacted, That if any Person holding any of the said Offices shall be returned as a Member to serve in Parliament such Election and Return are hereby declared to be void; and if any Person so declared incapable of being elected and so returned shall presume to sit or vote as a Member of the House of Commons, every such Person so sitting and voting shall thenceforth be incapable of taking, holding, or enjoying any Office of Honour or Profit under His Majesty, His Heirs and Successors, and shall forfeit the Sum of Five hundred Pounds for every Day in which he shall sit or vote in the said House of Commons to such Person or Persons as shall sue for the same in any of His Majesty's Courts of Westminster; and the Money so forfeited shall be recovered by the Person or Persons so suing, with full Costs of Suit, in any of the said Courts, by Action of Debt, Bill, Plaint, or Information, in which no Essoign, Privilege, Protection, or Wager of Law shall be allowed, and only One Imparlance.

XLV. And be it further enacted, That this Act shall commence and take effect from the First Day of November One thousand eight hundred and thirty-five.

SCHEDULES to which this Act refers.

FIRST SCHEDULE.

BY the LORD LIEUTENANT GENERAL and GENERAL GOVERNOR
of IRELAND.
&c.

To A. B. of

WHEREAS We have been pleased to nominate and appoint you for and to be Sheriff of the County of

during His Majesty's Pleasure: These are therefore to require you to take the Custody and Charge of the said County, and duly to perform the Duties of Sheriff thereof during His Majesty's Pleasure, and whereof you are duly to answer according to Law.

Dated this

eight hundred and

Day of

One thousand

By His Excellency's Command,

C.D.

[When the Appointment shall be by any other or others than the Lord Lieutenant the Form shall be altered accordingly.]

SECOND SCHEDULE.

A TABLE of all FEES which it shall be lawful for the Second Re-
membrancer of the Court of Exchequer in Ireland to accept
for Acts done by him, and which shall be in lieu of any Fees
or Stamp Duties which would otherwise become or be payable
thereupon.

SUMMONS. On every Summons which shall actually £ s. d.
issue on a Reference or any other Proceedings 0 13 0
CERTIFICATES.—On every Certificate, except Certifi-
cates at the Foot of Bills of Costs

- 066

On every Certificate at the Foot of any Bill of £ s. d.
Costs

Where the Amount, as furnished or claimed

by such Bill, shall not exceed the Sum
of £50

Where such Amount shall exceed the Sum
of £50, for every Sum of £10 or fractional
Part of £10 above £50, an additional Sum
of
RECOGNIZANCE.-Any Recognizance taken or acknow-
ledged, for each Cognizor

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066

REPORTS.-Any Report under Interlocutory Order 1 1 0
Under Decretal Order pronounced in a short
Cause

Under Decretal Order pronounced in a long
Cause

NOTICES.-Any Notice, Advertisement, or Posting to
sell Lands pursuant to any Decree, or to set
Lands pursuant to any Order or Decree
LEASES and DEEDS.-Any Lease, and any Counterpart
thereof, where the usual printed Form will
suffice
Any other Deed where the usual printed
Form will suffice

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An Act to regulate the Admeasurement of the Tonnage and Burthen of the Merchant Shipping of the United

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Kingdom.

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[9th September 1835.]

HEREAS by an Act passed in the Third and Fourth s&4 W.4.c.55%
Years of the Reign of His present Majesty, for the re-

gistering of British Vessels, certain Rules are established for
ascertaining the Tonnage of Ships as well on shore as afloat,
and of Vessels propelled by Steam; and the Account of such
Tonnage, whenever the same shall have been ascertained ac-

'cording

Rules established by

recited Act for ascertaining

Tonnage repealed.

The Rule by which Tonnage of Vessels is to

be ascertained.

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'cording to the Rules therein prescribed (except in the Case of Ships admeasured afloat), it is thereby enacted shall be deemed the Tonnage of such Ships, and shall be repeated in every subsequent Registry of such Ships, unless any Alteration shall have been made in their Form and Burthen, or unless it be discovered that the Tonnage had been erroneously computed: And whereas it is considered that the Capacity of a Ship is the fairest Standard by which to regulate its Tonnage, that internal Measurements will afford the most accurate and 'convenient Method of ascertaining that Capacity, and that the • Adoption of such a Mode of Admeasurement will tend to the Interests of the Ship Builder and the Owner, as well as to the proper Collection of the Dues which by Law are payable on Tonnage; and it is expedient to alter and amend the Law in this respect:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Commencement of this Act so much of the said recited Act as establishes Rules for ascertaining the Tonnage of Ships shall be and the same is hereby repealed so far as respects the Merchant Shipping of the United Kingdom to be thereafter registered.

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II. And be it further enacted, That from and after the Commencement of this Act the Tonnage of every Ship or Vessel required by Law to be registered shall, previous to her being registered, be measured and ascertained while her Hold is clear, and according to the following Rule; (that is to say,) Divide the Length of the Upper Deck between the Afterpart of the Stem and the Forepart of the Stern-post into Six equal Parts. Depths: At the foremost, the middle, and the aftermost of those Points of Division, measure in Feet and Decimal Parts of a Foot the Depths from the under Side of the Upper Deck to the Ceiling at the Limber Strake. In the Case of a Break in the Upper Deck, the Depths are to be measured from a Line stretched in a Continuation of the Deck. Breadths: Divide each of those Three Depths into Five equal Parts, and measure the Inside Breadths at the following Points; videlicet, at One Fifth and at Four Fifths from the Upper Deck of the foremost and aftermost Depths, and at Two Fifths and Four Fifths from the Upper Deck of the midship Depth. Length: At Half the midship Depth measure the Length of the Vessel from the Afterpart of the Stem to the Forepart of the Stern-post; then to Twice the midship Depth add the foremost and the aftermost Depths for the Sum of the Depths; add together the upper and lower Breadths at the foremost Division, Three Times the upper Breadth, and the lower Breadth at the midship Division, and the upper and Twice the lower Breadth at the after Division, for the Sum of the Breadths; then multiply the Sum of the Depths by the Sum of the Breadths, and this Product by the Length, and divide the final Product by Three thousand five hundred, which will give the Number of Tons for Register. If the Vessel have a Poop or Half Deck, or a Break in the Upper Deck, measure the Inside Mean Length, Breadth, and Height of such Part thereof

as

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