having no Interest in the Subject of such Claims: Provided always, that the Return to be made to any such Writ, and Issues joined in Fact or in Law upon any Traverse thereof, or upon any Demurrer, shall be made and joined by and in the Name of the Person to whom such Writ shall be directed; but nevertheless the same shall and may, if the Court shall think fit so to direct, be expressed to be made and joined on the Behalf of such other Person as may be mentioned in such Rules; and in that Case such other Person shall be permitted to frame the Return, and to conduct the subsequent Proceedings, at his own Expence; and in such Case, if any Judgment shall be given for or against the Party suing such Writ, such Judgment shall be given against or for the Person or Persons on whose Behalf the Return shall be expressed to be made, and who shall have the like Remedy for the Recovery of Costs and enforcing the Judgment as the Person to whom the Writ shall have been directed might and would otherwise have had. V. And be it further enacted, That in case the Return to any such Writ shall, in pursuance of the Authority given by this Act, be expressed to be made on behalf of any other Person as aforesaid, the further Proceedings on such Writ shall not abate or be discontinued by the Death or Resignation of, or Removal from Office of, the Person having made such Return, but the same shall and may be continued and carried on in the Name of such Person; and if a peremptory Writ shall be awarded, the same shall and may be directed to any Successor in Office or Right to such Person. VI. And for making some further Provision for the Payment of Costs on Applications for Mandamus, be it further enacted, That in all Cases of Application for any Writ of Mandamus whatsoever, the Costs of such Application, whether the Writ shall be granted or refused, and also the Costs of the Writ, if the same shall be issued and obeyed, shall be in the Discretion of the Court, and the Court is hereby authorized to order and direct by whom and to whom the same shall be paid. CA P. XXII. An Act to enable Courts of Law to order the Examination of [30th March 1831.] WHEREAS great Difficulties and Delays are often expe rienced, and sometimes a Failure of Justice takes place, in Actions depending in Courts of Law, by reason of the Want of a competent Power and Authority in the said Courts to order and enforce the Examination of Witnesses, when the same may be required, before the Trial of a Cause: And whereas by an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the Third, intituled An Act for the establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe, certain Powers are given and Provisions made for the Examination of Witnesses in India in the Cases therein mentioned; and it is expedient to extend such Powers and Pro'visions ;' amination of ed to the Colonies, &c. and to all Actions in the 'visions;' Be it therefore enacted by the King's most Excellent Powers of the Majesty, by and with the Advice and Consent of the Lords recited Act, as Spiritual and Temporal, and Commons, in this present Parliament to the Exassembled, and by the Authority of the same, That all and every Witnesses in the Powers, Authorities, Provisions, and Matters contained in India, extendthe said recited Act, relating to the Examination of Witnesses in India, shall be and the same are hereby extended to all Colonies, Islands, Plantations, and Places under the Dominion of His Majesty in Foreign Parts, and to the Judges of the several Courts therein, and to all Actions depending in any of His Majesty's Courts of Law at Westminster, in what Place or Country soever the Cause of Action may have arisen, and whether the same may have arisen within the Jurisdiction of the Court to the Judges whereof the Writ or Commission may be directed, or elsewhere, when it shall appear that the Examination of Witnesses under a Writ or Commission issued in pursuance of the Authority hereby given will be necessary or conducive to the due Administration of Justice in the Matter wherein such Writ shall be applied for. Courts at Judges to enforce the Attendance of Witnesses. II. And be it further enacted, When any Writ or Commission shall issue under the Authority of the said recited Act, or of the Power herein-before given by this Act, the Judge or Judges to whom the same shall be directed shall have the like Power to compel and enforce the Attendance and Examination of Witnesses as the Court whereof they are Judges does or may possess for that Purpose in Suits or Causes depending in such Court. III. And be it further enacted, that the Costs of every Writ Costs to be in or Commission to be issued under the Authority of the said recited Act, or of the Power herein-before given by this Act, in any Action at Law depending in either of the said Courts at Westminster, and of the Proceedings thereon, shall be in the Discretion of the Court issuing the same. the Discretion of the Court. its Jurisdic IV. And be it further enacted, That it shall be lawful to and Witnesses to be for each of the said Courts at Westminster, and also the Court examined by an of Common Pleas of the County Palatine of Lancaster, and the Officer of the Court of Pleas of the County Palatine of Durham, and the several Court, if within Judges thereof, in every Action depending in such Court, upon tion: otherwise the Application of any of the Parties to such Suit, to order the by CommisExamination on Oath, upon Interrogatories or otherwise, before sion. the Master or Prothonotary of the said Court, or other Person or Persons to be named in such Order, of any Witnesses within the Jurisdiction of the Court where the Action shall be depending, or to order a Commission to issue for the Examination of Wit the com mission 148 nesses on Oath at any Place or Places out of such Jurisdiction, R by Interrogatories or otherwise, and by the same or any subseOrder or Orders to give all such Directions touching the M & Time, Place, and Manner of such Examination, as well within as the Jurisdiction of the Court wherein the Action shall be depending as without, and all other Matters and Circumstances connected with such Examinations, as may appear reasonable and just. V. And be it further enacted, That when any Rule or Order shall be made for the Examination of Witnesses within the Jurisdiction of the Court wherein the Action shall be depending, by Authority Compelling Attendance of Production of Payment of Proviso as to Examination of Examinations be taken upon Oath. Authority of this Act, it shall be lawful for the Court, or any VI. And be it further enacted, That it shall be lawful for any Sheriff, Gaoler or other Officer having the Custody of any Prisoner, to take such Prisoner for Examination under the Authority of this Act, by virtue of a Writ of Habeas corpus to be issued for that Purpose, which Writ shall and may be issued by any Court or Judge under such Circumstances and in such Manner as such Court or Judge may now by Law issue the Writ commonly called a Writ of Habeas corpus ad testificandum. VII. And be it further enacted, That it shall be lawful for all of Witnesses to and every Person authorized to take the Examination of Witnesses by any Rule, Order, Writ, or Commission made or issued in pursuance of this Act, and he and they are hereby authorized and required to take all such Examinations upon the Oath of the Witnesses, or Affirmation in Cases where Affirmation is allowed by Law instead of Oath, to be administered by the Person so authorized, or by any Judge of the Court wherein the Action shall be depending; and if upon such Oath or Affirmation any Person making the same shall wilfully and corruptly give any false Evidence, every Person so offending shall be deemed and taken to be guilty of Perjury, and shall and may be indicted and prosecuted for such Offence in the County wherein such Evidence shall be given or in the County of Middlesex if the Evidence be given out of England. Persons giving false Evidence to be deemed guilty of Perjury. Persons appointed for taking Examinations to report to the Court upon the Conduct or Absence of Witnesses, if necessary. VIII. And be it further enacted, that it shall and may be lawful for the Master, Prothonotary, or any other Persons to be named in any such Rule or Order as aforesaid for taking any Examination in pursuance thereof, and he and they are hereby required, to make, if Need be, a special Report to the Court touching such Examination, and the Conduct or Absence of any Witness or other Person thereon or relating thereto; and the Court is hereby authorized authorized to institute such Proceedings and make such Order and Orders upon such Report as Justice may require, and as may be instituted and made in any Case of Contempt of the Court. IX. And be it further enacted, That the Costs of every Rule or Order to be made for the Examination of Witnesses under any Commission or otherwise by virtue of this Act, and of the Proceedings thereupon, shall (except in the Case herein-before provided for) be Costs in the Cause, unless otherwise directed either by the Judge making such Rule or Order, or by the Judge before whom the Cause may be tried, or by the Court. 道 X. And be it further enacted, That no Examination or Deposition to be taken by virtue of this Act shall be read in Evidence at any Trial without the Consent of the Party against whom the same may be offered, unless it shall appear to the Satisfaction of the Judge that the Examinant or Deponent is beyond the Jurisdiction of the Court, or dead, or unable from permanent Sickness or other permanent Infirmity to attend the Trial; in all or any of which Cases the Examinations and Depositions certified under the Hand of the Commissioners, Master, Prothonotary, or other Person taking the same, shall and may, without Proof of the Signature to such Certificate, be received and read in Evidence saving all just Exceptions. 匯 XI. Provided always, and be it further enacted, That no Order Proviso as to shall be made in pursuance of this Act by a single Judge of the Judges of Court of Pleas of the said County Palatine of Durham, who shall Durham. not also be a Judge of one of the said Courts at Westminster. ་ CA P. XXIII. An Act for granting to His Majesty, until the Fifth Day of • Most Gracious Sovereign, United Kingdom of • Ireland in Parliament assembled, towards raising the necessary Supplies to defray Your Majesty's public Expences, have freely and voluntarily resolved to give and grant unto Your Majesty the Duties herein-after mentioned;' And therefore do most humbly beseech Your Majesty that it may be enacted; and be it 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 the Duties imposed on Sugar and Molasses, and the Bounties allowed thereon, by an Act passed in the last Session of Parliament, intituled An Act for granting to His Majesty, until the Fifth Day of April One thousand eight hundred and thirty-one, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty, and which were to continue in force until the Fifth Day of April One thousand eight hundred and thirty Duties on Sugar and Molasses im1.4. c. 50. posed by continued until April 1832. Powers of tended to this thirty-one, shall be and the same are hereby further continued until the Fifth Day of April One thousand eight hundred and thirty-two. II. And be it further enacted, That the several Powers, Prorecited Act ex- visions, Matters, and Things contained in the said recited Act shall be extended to this Act, and the Duties and Bounties hereby continued, in as full and ample a Manner as if the same had been repeated and re-enacted in this Act, and made Part thereof. Act. Monies paid into the Ex chequer under this Act shall be separate from other Payments. The Treasury may direct Exchequer Bills to be made out, not exceeding 3,000,000. 48 G.3. c. 1. Powers of 48 G.3. c.1. extended to this Act. Exchequer Bills to bear an Interest. Bank of England may advance Money on the Credit III. And be it further enacted, That there shall be provided and kept in the Office of the Auditor of the Receipt of His Majesty's Exchequer at Westminster One Book of Register, in which all the Money that shall be paid into the said Exchequer from so much of the said Rates and Duties hereby granted on Sugar as shall arise and be payable in Great Britain shall be entered and registered apart and distinct from all other Monies paid and payable to His Majesty; and it shall be lawful for the Commissioners of the Treasury of the United Kingdom of Great Britain and Ireland to issue and apply the same from Time to Time to such Services as shall then have been voted by the Commons of the United Kingdom of Great Britain and Ireland in this present Session of Parliament; and that so much of the said Duties on Sugar as shall arise and be payable in Ireland shall be paid into the Receipt of the Exchequer there, and shall be carried to the Consolidated Fund of the United Kingdom of Great Britain and Ireland. IV. And be it further enacted, That it shall be lawful for the said Commissioners of His Majesty's Treasury, at any Time or Times when they shall think fit so to do, to cause or direct any Number of Exchequer Bills to be made out at the Receipt of the Exchequer at Westminster, for any Sum or Sums of Money not exceeding in the whole, including any Sum or Sums of Money issued towards the Aids or Supplies in pursuance of this Act, the Sum of Three Millions, in the same or like Manner, Form, and Order, and according to the same or like Rules and Directions, as are directed and prescribed in and by an Act passed in the Forty-eighth Year of the Reign of His late Majesty King George the Third, intituled An Act for regulating the issuing and paying off of Exchequer Bills. V. And be it further enacted, That all and every the Clauses, Provisoes, Powers, Privileges, Advantages, Penalties, Forfeitures, and Disabilities contained in the said recited Act passed in the Forty-eighth Year of the Reign of His said late Majesty shall be applied and extended to the Exchequer Bills to be made out in pursuance of this Act, as fully and effectually, to all Intents and Purposes, as if the said several Clauses or Provisoes had been particularly repeated and re-enacted in the Body of this Act. VI. And be it further enacted, That the Exchequer Bills to be made out in pursuance of this Act shall and may bear an Interest not exceeding the Rate of Four Pounds per Centum per Annum upon or in respect of the whole of the Monies respectively contained therein. VII. And be it declared and enacted That it shall be lawful for the Governor and Company of the Bank of England to advance or lend to His Majesty, at the Receipt of the Exchequer at West |