muneration.

XI. Provided also, and be it further enacted, That no such No Manager or Society as aforesaid shall have the Benefit of this Act unless it Trustee to reshall be expressly provided by the Rules for the Management ceive any Re. thereof that no Person or Persons, being Manager or Trustee of such Society, shall directly or indirectly receive any Salary or other Remuneration for Attendance, or for any other Services performed for such Society, nor shall any Expence be incurred or Salary or other Allowance made unless such as shall be expressly provided for by the Rules of the Society, or shall be necessary for the due Management of the Society according to such Rules.

XII. And be it further enacted, That if any Treasurer or other Treasurer to Officer or Officers, or other Person whatsoever, who shall be give Security. intrusted with the Receipt or Custody of any Sum or Sums of Money the Property of such Society, or any Interest or Dividend arising from Time to Time thereby, shall be required by the Rules of such Society to become bound, with Sureties, for the just and faithful Execution of such Office or Trust, in such Sum or Sums of Money as shall be required by the Rules of such Society, such Security shall and may be given by Bond or Bonds to the Clerk of the Peace for the County, County of a City, County of a Town, or Place where such Society shall be established for the Time being, without Fee or Reward; and in case of Forfeiture it shall be lawful for the Trustees of such Society to sue upon such Bond or Bonds in the Name of the Clerk of the Peace for the Time being, and to carry on such Suit at the Costs and Charges of and for the Use of the said Society, fully indemnifying and saving harmless such Clerk of the Peace from all Costs and Charges of such Suit or Suits, or in respect thereof; and no Bond or Security so to be given shall be subject to or chargeable with any Stamp Duty whatsoever.

XIII. And be it further enacted, That it shall not be lawful to and for any such Society to make any Loan on personal Security to any One Individual at any One Time exceeding in Amount the Sum of Ten Pounds; and that no second or other Loan shall be made to the same Individual until the previous Loan is repaid. XIV. And be it further enacted, That no Note or other Security or Undertaking which may be entered into for the Repayment of any Loan made by any Society established under the Provisions of this Act, nor any Receipt or Entry in any Book of Receipt for Money lent or paid, nor any Draft or Order, nor any Appointment of any Agent, nor any other Instrument or Document whatever, required to be given, issued, made, or provided in pursuance of the Rules of the Society, shall be subject to or chargeable with any Stamp Duty whatsoever.

XV. And be it further enacted, That it shall and may be lawful to and for the Trustees or Managers of any Society established under the Provisions of this Act to demand and receive from the Person to whom any Loan may be made, at the Time of making the same, the full Amount of Interest up to the Time fixed for Payment of the last Instalment which would be due on the whole Money so advanced, at a Rate not exceeding Sixpence in the Pound for Twenty Weeks, and to receive the Amount of the Principal by Instalments at such Time or Times and in such Proportion or Proportions as the said Trustees or Managers may

Amount of

Loan not to

exceed 101.

No Note or Security to be chargeable to Stamp Duty.

Rate of Inte

rest to be demanded.

Recovery of
Loan before
Justices of the
Peace.

Societies violating enrolled Rules, or the Provisions of this Act, to be

deprived of the Benefits thereof.

think fit, and to take a Note or Security for the whole Amount of the Loan, the same to be sued for and recovered immediately on Failure of the Payment of any of the Instalments, without being subject or liable on account thereof to any of the Forfeitures or Penalties imposed by any Act or Acts relating to Usury.

XVI. And be it further enacted, That all Notes and Securities entered into for the Payment of such Loans shall be made payable to the Treasurer or Clerk for the Time being of the said Society; and if the Party or Parties liable to pay the same shall fail in the Payment of any of the Instalments, as agreed to by the Conditions or Terms of the Loan, according to the Rules of the Society, it shall and may be lawful for any One of His Majesty's Justices of the Peace for the County, Riding, City, Division, or Place where such Party or Parties, or any One of them, so liable, shall or may happen to be or reside, and such Justice is hereby required, upon Complaint made by or on behalf of such Treasurer or Clerk as aforesaid, to summon the Person or Persons against whom such Complaint shall be made to appear either before himself or before the Justices assembled at the Petty Sessions of the District, and after his, her, or their Appearance, or, in default thereof, upon due Proof upon Oath of such Summons having been duly served, such Justice or Justices shall proceed to hear and determine the said Complaint, and award such Sum to be paid by the Person or Persons respectively liable to the Payment of any such Note or Security, to such Treasurer or Clerk as aforesaid, as shall appear to such Justice or Justices to be due thereon, together with such a Sum for Costs, not exceeding the Sum of Two Shillings, as to such Justice or Justices shall seem meet; and if any Person or Persons shall refuse or neglect to pay or satisfy such Sum of Money as upon such Complaint as aforesaid shall be adjudged, such Justice or Justices shall, by Warrant under his or their Hand and Seal or Hands and Seals, cause the same to be levied by Distress and Sale of the Goods of the Party so neglecting or refusing as aforesaid, together with all Costs and Charges attending such Distress and Sale, and returning the Overplus (if any) to the Owner; and no such Proceedings shall be removed by Certiorari or otherwise into any of His Majesty's Superior Courts of Record.

XVII. Provided always, and be it further enacted, That in case it shall appear to the aforesaid Loan Fund Board in Dublin, after due Investigation and Inquiry, that any of such Loan Fund Societies as aforesaid, or other Societies entitled to the Benefit of this Act, have not strictly adhered to their Rules so enrolled as aforesaid, or that they have applied any of their Funds or done any Matter or Thing contrary to the Provisions of this Act, such Loan Fund Board shall cause an Advertisement to be inserted to that Effect in some County Paper circulating in such District, and shall also notify the same to the Clerk of the Peace with whom the Rules may be filed, and after the Space of Six Months after such Advertisement has appeared in such Paper it shall no longer be lawful for the Treasurer, Clerk, or other Officer of any such Society to avail himself of the special Provisions of this Act, nor for any Justice or Justices of the Peace to award any Sum to be paid to him in consideration of any such Note or Security as aforesaid.

XVIII. And

XVIII. And be it further enacted, That no Clerk, Officer, or No Clerk or Servant of any Loan Fund Society hereafter to be established in other Servant Ireland under the Provisions of this Act, or entitled to the Benefit shall receive any Present of any thereof, shall, directly or indirectly, have, receive, or take any Description Bonus, Gratuity, or Present from any Borrower from such Loan from any BorFund Society; and in case any such Clerk, Officer, or Servant rower. shall offend herein he shall be liable to a Penalty of Twenty Pounds, Penalty 201. to be recovered by the Treasurer or Clerk for the Time being in the same Manner as is herein-before provided for the Recovery of any Loan granted by such Society; the said Penalty, when recovered, to be applied in aid of the Funds of such Society. XIX. And with a view to Economy, and in order to prevent any Tendency or Disposition to Extravagance or Dissipation, be it further enacted, That all and every the Affairs and Business of any Loan Fund Society to be established in Ireland, or any Part thereof, shall on no Account or Pretence whatever be conducted, carried on, or transacted at any Hotel, Tavern, Public House, Beer Shop, or House of Entertainment; and any Clerk or Servant respectively of the Society who shall offend herein shall forfeit the Sum of Ten Pounds, to be recovered by the Treasurer or Clerk for the Time being in the same Manner as is herein-before provided for the Recovery of any Loan granted by such Society; the said Penalty, when recovered, to be applied in aid of the Funds of the Society.

XX. And be it further enacted, That any Person who shall have advanced any Sum of Money by way of Loan to any such Loan Fund Society as aforesaid shall be authorized, and he or they are hereby respectively authorized and allowed, to dispose of and transfer any Part or the Whole of the Amount of the Money so advanced by him as aforesaid, and such Transfer shall be deemed sufficient by a written Order directed to the Trustee or Trustees of such Society for the Time being, such Order or Transfer to be signed by Two respectable Housekeepers as Witnesses; and the Person or Persons to whom such Transfer shall be made as aforesaid shall, so soon as the Order or Transfer shall be delivered to the Trustees or their Clerk, stand possessed of and be entitled to the Amount of such Transfer, together with all Interest and Benefit, Claims and Demands whatsoever, arising or to arise or to be derived or to accrue therefrom, as fully and to all Intents and Purposes as if he or they had been the Parties who had originally advanced the Sum to such Loan Fund Society; and such Transfer, Authority, Document, or Order shall not be liable to any Stamp Duty or Parliamentary Imposition whatever.

XXI. And be it further enacted, That if any Society or Societies now or hereafter to be formed for the Purpose of establishing charitable Pawn or Deposit Offices, at which Money may be lent to the industrious Poor upon Pledge, shall be desirous of having the Benefit of this Act, such Society or Societies shall in like Manner cause the Rules framed or to be framed for their Management respectively to be certified, deposited, and enrolled in manner herein-before directed with reference to Loan Fund Societies desiring the Benefit of this Act, and thereupon such Societies respectively shall be deemed and be entitled to and shall have the Benefit of the Provisions contained in this Act, so far as the same

No Business to be transacted at Public House, any Hotel or under the Fine of 101.

Any Person advancing Money

on Loan to Society may dispose of or trans

fer the same.

Societies for establishing charitable Pawn shall cause their Offices, &c. Rules to be certified.

are

Loans to
Fishermen.

Abstract of Accounts to be made out yearly

and sent to the Loan Fund Board.

Profits shall be applied to charitable Pur

poses.

are applicable to the Objects of such charitable Pawn or Deposit Offices.

XXII. And be it further enacted, That it shall and may be lawful to and for the Trustees and Managers of any charitable Pawn Society entitled to the Benefit of this Act to lend and advance, upon the Security of the Boat or other Fishing Vessel of any poor Person or Persons resident within the County, County of a City or Town, in which the Office of such Society shall be situated. any Sum or Sums of Money not exceeding in Amount One Half Part of the Value of such Boat or Fishing Vessel, although the same shall not be actually deposited or lodged in the Stores of such Society Provided always, that every such Loan, together with the Name and Description of the Boat or Fishing Vessel in respect of which the same shall have been made, shall be duly registered in a Book to be kept for that Purpose by the Society advancing such Money; and that no Sale of any such Boat or Fishing Vessel by the Owner thereof shall be valid unless the Principal Money and Interest then due thereon to any such Society shall be first repaid out of the Purchase Money for the same.

XXIII. And be it further enacted, That the Trustees of every Society established under the Provisions of this Act, or which may become entitled to the Benefit thereof, shall cause an Abstract of the Accounts of such Society for each Year to be made out up to and ending the Thirty-first of December, together with a Statement of the Funds and Effects and of the Debts or Liabilities of such Society, and an Estimate of the clear net Profit or Loss up to that Period, which Abstract, Statement, and Estimate shall be in such Forms, and shall contain such Particulars connected with the Accounts and Transactions of such Society, as the said Loan Fund Board shall from Time to Time direct; and a Copy of such Abstract, Statement, and Estimate, duly certified to be correct. by the Secretary, Treasurer, and at least One Trustee, shall sometime in the Month of January in each Year be transmitted to the said Loan Fund Board.

XXIV. And be it further enacted, That the Trustees of any such Society may from Time to Time appropriate such Portion of the clear net Profits, over and above all Losses, as they shall think proper, in support of the Hospital or Infirmary of the County for which or for a Portion of which the Society shall be established, or for such other local charitable Purpose as they shall think fit; the Residue, or the Whole of such net Profits if no Part shall be so appropriated, being employed as Part of the Funds of the Society until the Trustees shall otherwise determine: Provided always, that no Part of any such net Profits, after deducting Losses, shall be appropriated in any Way for the Advantage or Benefit of any Member of the Society, or of the Persons managing or conducting the same, or for any Purpose whatsoever, except as Part of or in aid of the Funds of the Society, to be used according to the Rules of such Society, or for charitable Purposes as herein-before provided; and that in the event of the Dissolution of any such Society, or that such Society shall cease to act for the Purposes for which it was established, or shall be deprived of the Benefit of this Act, the whole of the clear net Profits, not previously appropriated for some charitable Purpose, after Payment

of

of all Debts of or Claims on such Society, and of all Losses, shall be appropriated to such Hospital or Infirmary or to such other local charitable Purpose as the Trustees, with the Approbation of the Loan Fund Board, shall think proper.

any

tent Witnesses.

XXV. And be it further enacted, That on the Trial of any Members, &c. Action, Indictment, or other Proceeding respecting the Property to be compeof any Society enrolled under the Authority of this Act, or in Proceedings before any Justice of the Peace, any Trustee, Manager, Member, Öfficer, Clerk, or Servant of such Society shall be a competent Witness, and shall not be objected to on account of any Interest he may have in the Result of such Action, Indictment, or other Proceeding.

XXVI. And be it further enacted, That this Act shall be deemed Public Act. a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and other Persons, without the same being specially shown or pleaded.

CA P. LVI.

rum, and Sheriff

An Act for regulating the Process of Cessio bonorum in the Court of Session, and for extending the Jurisdiction of Sheriffs in Scotland to such Cases. [13th August 1836.] W WHEREAS it is expedient to regulate the Process of Cessio bonorum in the Court of Session in Scotland, and 'to extend the Jurisdiction of the Sheriff to such Processes;' 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 after the First Day of Sheriffs to have October One thousand eight hundred and thirty-six every Sheriff Jurisdiction as within Scotland shall possess Jurisdiction in Processes of Cessio to Cessio bonobonorum brought before him in manner herein-after provided as fully as in any other Action presently by Law competent before him, and the Sheriff Clerk and Messengers at Arms and all Sheriff Officers in the several Sheriffdoms in Scotland shall have Power to act in their respective Offices in relation to such Processes. II. And be it enacted, That, if a Debtor has been or shall A Debtor be charged to pay a Civil Debt, and a Warrant to imprison him has been issued, or if he be liable to Imprisonment under a Decree of a Small Debt Court, or be in Prison or imprisoned and afterwards liberated in respect in these several Cases of a Civil Debt, it shall be competent to such Debtor, on or after the said Thirty-first Day of October, to apply for interim Protection and for Decree of Cessio bonorum in the Manner herein-after provided.

Clerks and Officers to act therein.

against whom a

Warrant is

issued, &c. may

apply for Decree of Cessio.

Sheriff of the

III. And be it enacted, That after the said First Day of October Debtor may such Debtor may present to the Sheriff of the County in which present to the he has his ordinary Domicile a Petition, setting forth that he has County in which been charged, and that a Warrant to imprison has been issued he lives a Peagainst him, or that he is liable to Imprisonment under a Small tition praying Debt Decree, or that he is in Prison, or has been imprisoned and for Decree of afterwards liberated, in respect of a Civil Debt; that he is unable Cessio. to pay his Debts, and is ready to surrender his Estates for Behoof of his Creditors, and praying for interim Protection against the Execution