the court.

and effects into the bank, and taking them out of the bank, and the keeping the accounts with the bank, and all other matters relating thereto, as in and by the faid recited orders, or either of them, are prescribed and directed to be done and performed by the masters and ufher of the faid high court of chancery, which said officer so to be appointed shall be called the accountant general of the court of chancery, and fhall hold fuch office during the pleasure of the faid court; and an account shall be kept in his name with the bank of England for and on the behalf of the fuitors of the said court of chancery, in such manner as is directed by the said recited orders, with refpect to the mafters of the faid court and the bank; and the fame rules, methods and directions, as are prescribed by the faid orders to the fuitors, the masters, usher and bank, as to the delivering into, and taking out of the bank the monies and effects of the fuitors, and other matters therein contained, fhall be obferved by the fuitors, the bank, and the said accountant general, unless where the court of chancery shall, according to the exigency and circumstances of affairs, otherwise determine and appoint.

Accountant to IV. And it is hereby further enacted by the authority aforebe in the place of the mafters faid, That the faid accountant general fhall, as to the several reand ufher of gulations and directions prefcribed in the faid orders, ftand and be in the place and room of the masters and ufher of the said court, and shall receive no other fee or reward from the fuitors for the exercise of his faid office, than what is allowed to the masters in and by the faid order of the twenty fixth day of May one thousand seven hundred and twenty five; and the several masters and usher of the court of chancery, their executors and adminiftrators, are hereby required with convenient speed, to make up their several accounts with the faid accountant general, or any other person thereto authorized by the court of chancery, of all the monies fecurities and effects of the fuitors of the faid court in their cuftody, or under their direction or care; and to pay and deliver into the bank all monies, depofits and effects of the fuitors of the faid court yet remaining in their feveral hands, there to be carried to the account of the faid accountant general, and to be placed caufewife or otherwife, as is already, or fhall hereafter be directed by the faid court; and all monies, depofits and effects of the fuitors of the faid court, already depofited with or delivered to the bank by the faid mafters or usher, or on their account, fhall in like manner be carried to the account of the faid accountant general, and be placed causewife or otherwife, as is already or fhall hereafter be directed by the faid court; and the faid mafters and usher, their executors and administrators, fhall be indemnified and difcharged of and from all monies, depofits and effects of the faid fuitors, fo paid or delivered into the bank as aforesaid.

Mortgages,

V. And it is hereby further enacted, That all mortgages, tallies, orders, stocks, annuities, and other transferrable fecurities, now in the name of any of the said masters or usher, either fters, &c. af- fingly by themselves, or jointly with others, in truft for the

&c. now in the name of ma

fuitors

fuitors of the faid court, fhall be affigned and transferred to the figned to the faid accountant general; and fuch affignments and transfers accountant, fhall be freed and difcharged from the ftamp-duty, and from any other duty impofed thereon by act of parliament; and that all mortgages, tallies, orders, ftocks, annuities, and other transferrable fecurities, to be hereafter taken by the directions of the faid court for the benefit of any of the fuitors, fhall, if appointed to be taken in the name of any officer of the faid court, be taken in the name of the said accountant general; and that in all such affignments and transfers to the said accountant general, as also in all fuch other transferrable fecurities, to be hereafter taken in his name, the particular trust shall be specified and inserted in the affignment, transfer or fecurity itself; and fuch other rules and methods of proceeding fhall be had and observed with respect to fuch transferrable fecurities, by the accountant general and others, as by the faid recited orders are respectively appointed to be observed by the mafters, ufher, and others.

orders.

VI. Provided nevertheless, That notwithstanding any thing Chancery may in this act contained, the faid court of chancery fhall have full alter any part power and authority from time to time, according to the exi- of thefe gency of affairs, to vary, alter or change any part of the regulations in the faid orders, or herein before contained, and to make fuch further or other regulations about the premiffes, as to the same court shall seem meet and reasonable.

VII. And it is hereby further enacted, That from and after After death, the death or removal of any accountant general, all mortgages, &c. of actallies, orders, ftocks, annuities, and other transferrable fe- countant, the curities, vested in him at the time of fuch his death or removal, ed in his fucfecurities vestin truft for the fuitors of the faid court, fhall veft in the fucceed- ceffor. ing accountant general, for the fame eftates and interefts as he then had therein, and fubject to the fame trufts, without any affignment or transfer whatfoever; and that upon fuch death or removal of any accountant general, all monies, depofits and effects of the fuitors of the faid court, for which he fhall then have credit in his account with the bank, shall be carried to the account of the fucceeding accountant general.

fuitors money,

VIII. And to the end that all mifapplications or waftings of Accountant the subjects money by any officer of the high court of chancery not to meddle may be intirely prevented for the future, be it therefore further with the enacted by the authority aforefaid, That the faid accountant but only keep general fhall not meddle with the actual receipt of any of the account with money or effects of the fuitors, but shall only keep the account the bank. with the bank; and the said accountant general obferving the rules hereby prescribed, or hereafter to be prescribed to him by the said court, fhall not be answerable for any money or effects which he fhall not actually receive; and the bank of England fhall be answerable for all the monies and effects of the fuitors which are or shall be actually received by them.

IX. And be it likewife further enacted by the authority aforefaid, That if any perfon or perfons fhall, from and after the hand of the Forging the

first

receive fuitors

bank,

accountant, to first day of May in the year of our Lord one thousand seven a certificate to hundred and twenty fix, forge or counterfeit, or procure to be effects in the forged or counterfeited, or willingly act or affift in the forging or counterfeiting the name or hand of the faid accountant general, the faid register, the faid clerk of the report-office, or any of the cashiers of the faid governor and company of the bank of England, to any certificate, report, entry, indorfement, declaration of truft, note, direction, authority, inftrument or writing whatsoever, for or in order to the receiving or obtaining any the money or effects of any of the fuitors of the faid court of chancery, or fhall forge or counterfeit, or procure to be forged or counterfeited, or wilfully act or affift in forging or counterfeiting any certificate, report, entry, indorsement, declaration. of truft, note, direction, authority, inftrument or writing in form of a certificate, report, entry, indorsement, declaration of truft, note, direction, authority, inftrument or writing, made by such accountant general, register clerk of the report-office, or any of the cashiers of the faid governor and company of the bank of England, or any bond or obligation under the common feal of the united company of merchants of England trading to or any East-In- the East-Indies, or any indorsement or affignment thereon, or on any bond or obligation under the common feal of the governor Sea bond, is and company of merchants of Great Britain trading to the Southfelony without clergy. Seas and other parts of America, and for encouraging the fishery; or shall utter or publish any fuch,knowing the fame to be forged or counterfeited, with intention to defraud any perfon whatsoever; then every fuch perfon and perfons fo offending (being thereof lawfully convicted) shall be and is hereby declared and adjudged to be guilty of felony, and fhall fuffer death as in cafe of felony, without benefit of clergy.

dia or South

W

CAP. XXXIII.

An act for relief of the fuitors of the high court of chancery. HEREAS Fleetwood Dormer and John Borrett, efquires, deceafed, late two of the mafters of the high court of chancery, and Richard Godfrey, Edward Conway and William Kinafton, efquires, three of the prefent mafters of the faid court, have been deficient in answering the money and effects ordered by the court into their hands: and whereas in order to know the state and particulars of the faid deficiency, the right honourable the lord high chancellor of Great Britain, pursuant to his Majefty's directions, did by feveral orders direct feveral masters of the court of chancery, to inquire into, examine and fate the claims and demands of the fuitors of the faid court, upon those offices wherein the deficiencies happened, and the faid mafters to whom fuch inquiry was directed have made their reports, whereby it appears that (befides the deficiency of the faid William Kinafton, which is fuppofed he will be able to make good himself; and after deducting what shall be made and produced by and out of the eftates and effects of the faid deficient mafters, and alfo the fum of thirty thousand pounds given by his Majesty on the addrefs of the house of commons towards the relief of the 6

Said

faid fuitors, and now vested in land-tax tallies for their benefit, with the intereft due thereon) there will be, according to the prefent computation, a deficiency of the fum of fifty one thousand eight hundred fifty one pounds nineteen billings and eleven pence farthing, befides feveral other claims in the faid offices of the faid Fleetwood Dormer and John Borret, deceased, and of the faid Richard Godfrey and Edward Conway, not determined by the faid mafters, but Submitted to the determination of the faid court, and which if allowed, will greatly increase the faid deficiency: and whereas the commons of Great Britain are defirous to relieve the diftreffed fuitors of the faid court; therefore to the end that all the faid deficiencies may be ascertained, and a full and proper relief may be had, and a fufficient provifion may be made for the payment of all the just debts and demands of the fuitors of the faid court of chancery, be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords spiritual and temporal and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the fe- Additional cond day of August which fhall be in the year of our Lord one for 16 years. ftamp-duties thousand feven hundred and twenty fix, there fhall be through- Continued by out England, the dominion of Wales, and town of Berwick up- 9 Geo. 2. c. 32. on Tweed, raised, collected and paid, during the term of fixteen Made perpetual years, for the feveral and refpective things herein after mention- 23Geo.2.C.25. ed, which shall be written or engroffed during the term aforesaid, over and above the rates, duties and fums of money now due and payable in refpect thereof, the further feveral and respective rates, duties, charges and fums of money following; that is to fay,

II. For every piece of vellum or parchment, or piece of pa- Original writs, per, upon which any original writ (except fuch original on &c. which a writ of Capias iffues) Subpoena, bill of Middlefex, Latitat, writ of Capias, Quominus, writ of Dedimus Poteftatem, to take answers, examine witnesses, or appoint guardians, or any other writ whatsoever, or any other procefs or mandate that fhall issue out of, or pass the seals of any the courts at Westminfter, courts of great feffions in Wales, courts in counties palatine, or in any other court whatfoever, holding plea where the debt or damage doth amount to forty fhillings or above, or the thing in demand is of that value, fhall be ingroffed or written (writs of covenant for levying fines, writs of entry for fuffering common recoveries, and writs of Habeas Corpus always excepted) the sum of fix pence.

&c.

III. For every piece of vellum, parchment or paper, upon Entry of acwhich any entry of any action in the mayor's and sheriffs courts tions in of London, and in courts in all corporations, and other courts mayor's court, whatsoever, out of which no writs, procefs or mandates iffue, holding plea where the debt or damage doth amount to forty thillings or above, fhall be ingroffed or written, the fum of fix pence; and for every piece of vellum, parchment or paper, upon which shall be ingroffed or written any citation or monition made in any ecclefiaftical court, the fum of fix pence.

IV. And

To be under

ment of the commiffioners of ftamps.

IV. And be it further enacted by the authority aforefaid, That the manage- for the better and more effectual levying, collecting and paying the faid duties hereby granted, the same shall be under the direction, government, care and management of the commiffioners for the time being, appointed to manage the duties payable to his Majefty, his heirs and fucceffors, and charged on ftampt vellom, parchment and paper, by former acts of parliament in that behalf made, who, or the major part of them, are hereby required and impowered to employ the neceflary officers under them for that purpose, and to ufe fuch dies and ftamps to denote the stamp-duties hereby charged as they shall fee proper, and to repair the fame, from time to time, as there fhall be need or occafion, and to do all other acts, matters and things, neceffary to be by them done for the putting this act in execucution with relation to the said duties hereby granted.

ties.

Salaries, &c. V. And it is hereby enacted by the authority aforefaid, That to be paid tute the du- it shall and may be lawful to and for the faid commiffioners, or of the major part of them for the time being, out of the duties arifing by this act, to cause such fum and fums of money to be expended and paid, from time to time, for falaries and other incident charges, as fhall be neceffary in and for the recovering, receiving, collecting, levying, diftributing and managing of the fame duties by this act granted, during the continuance of the faid term; any thing herein contained to the contrary notwithstanding.

Allowance

101.

VI. And it is hereby further enacted by the authority aforewhere the du- faid, That from and after the said fecond day of August which ties amount to shall be in the year of our Lord one thousand seven hundred and twenty fix, every perfon who fhall at one time bring to be stamped, or buy of the faid commiffioners paper or parchment, the faid duties whereof fhall amount to ten pounds or upwards, fhall be allowed after the rate of fix pounds in the hundred pounds per annum for fix months, upon the present payment of the said duties at the head office in London or Westminster, and not otherwise, nor any other allowance: and the faid commiffioners are hereby impowered to truft and give credit to the several dif-. tributors of ftampt vellom, parchment and paper, with thefe duties, in the fame manner, and upon the like condition and terms, as they intruft fuch diftributors with the other duties under their care.

No rates where VII. Provided always, and it is hereby further enacted, That perfons fue in none of the rates, impofitions or fums of money before in this forma paupe- act expreffed, fhall be raised, levied, collected and paid, or payable by virtue of this act, by any perfon or persons that shall be admitted to fue or defend in forma pauperis.

ris.

VIII. And it is hereby further enacted, That all vellom, Paper, &c. itamped with parchment and paper, charged by this act with any of the former ftamps ftamp-duties hereby granted, which hath been or fhall (before the to be brought faid fecond day of Auguft) be framped or marked, in purfuance to the office to of the former acts of parliament relating to his Majefty's ftampduties, or any of them, thall before any of the matters or things