and to mark or stamp fuch Vellum, Parchment or Paper with the Mark or Stamp proper for fuch Record, Entry, Deed, Inftrument or Writing refpectively.

counterfeited

were bought at

LVII. And be it further enacted, That every Officer in any Officers in Court or Public Office in Ireland, who shall usually act in Perfon in Courts or Offices fuch matters, and the known Deputy of any Officer who fhall not engroffing Reufually fo act, in whofe Office any Pleading, Affidavit, Proceed- cords, &c. on ing, matter or thing fhall have been received, fhall, as to the Pur- Stamps, deemed poles of this Act, be deemed and taken to have received the fame; to have known and that every Clerk, Officer or other Person as aforefaid, who shall the fame, unless make, engross or write, or cause to be made, engroffed or written, they prove they any fuch Record, Entry, Deed, Inftrument or Writing, upon the Stamp Office, Vellum, Parchment or Paper, marked or stamped with any Mark, &c. or Stamp, or Impreffion which fhall be counterfeited, fhall, in any Proceeding for the Recovery of the Penalty in that refpect aforefaid, be deemed and taken to have known fuch Mark, Stamp or Impreffion to be counterfeited, unlefs he fhall prove that the fame was bought at the Stamp Office in Dublin, or at the Office of fome Diftributor or Sub Distributor of Stamps, or in the Office or Shop of a Perfon duly licenfed to fell Stamps.

LVIII. And be it further enacted, That if any Perfon or Perfons Evading Duty fhall, for the Purpose of evading any of the Stamp Duties which fhall by falfifying at any time be payable under any Act or Acts then in force in Ire- Dates, erafing Names, taking land, execute any ftamped Inftrument without a Date, or bearing off Stamps Date prior to fuch Execution thereof, or fhall fraudulently erase or fcrape out, or cause to be erased or scraped out the Name or Names of any Perfon or Perfons, or any Date, Sum or thing engroffed or written in fuch Inftrument, matter or thing as aforefaid, or if any Person shall fraudulently cut, tear or take off any Mark or Stamp from any Piece of Vellum, Parchment or Paper, or any Part thereof, with Intent to use fuch Mark or Stamp for any other Writing, matter or thing in refpect whereof any Stamp Duty fhall be then payable, then and in every of the faid cafes every Perfon so offending shall for every fuch Offence forfeit the Sum of Forty Pounds; and any Deed, In- Penalty. ftrument or Writing, wherein any of the faid Frauds fhall have been Deeds confideret committed in order to make the fame appear to be duly stamped fhall as not ftamped. be deemed not to have been duly ftamped; provided nevertheless, Provifo. that if any Deed or Inftrument fhall have been duly executed by any of the Parties thereto, on the Day when the fame bears Date, fuch Deed or Inftrument may be lawfully executed at any time afterwards by the other Parties thereto, or any of them, notwithstanding any intervening Change in the Stamp Duty or Duties payable on fuch Deed or Inftrument, if the fame fhall have been duly ftamped at the time of fuch prior Execution thereof, and fuch Deed or Inftrument fhall, in fuch cafe, be deemed to be duly stamped.

Attornies, &c.

LIX. And be it further enacted, That from and after the Com- Certificates of mencement of this Act, every Perfon who fhall apply to be fworn Duty being paid or admitted an Advocate, Proctor, Attorney, Solicitor, Clerk or to be produced other Officer in any Court in Ireland, in refpect of whofe Admiffion on Advocates, any Stamp Duty fhall be payable; or a Student in the King's Inns, applying for Ador to the Degree of a Barrister in the faid King's Inns, fhall, previous miffions. to being fo fworn or admitted, produce and deliver to the proper Officer, to whom he fhall apply to be fo admitted, a Certificate, figned under the Hand or Hands of fome Perfon appointed for that

Purpose

Perfous granting fuch Certificates to keep Books.

Purpose by the Commiffioners of Stamps for the time being, ftating that fuch Perfon has paid fuch Duty as fhall be then by Law payable on or in respect of fuch Admiffion, and ftating the Amount of fuch Duty; which Certificate shall remain in the Cuftody of fuch Officer, to be used and difpofed of as hereinafter mentioned; and that every fuch Officer fhall keep Two Books, in each of which the Names of all Perfons who, after the Commencement of this A&t, shall be admitted by him as aforefaid, together with the Amount of the Stamp Duty paid by every fuch Perfon, according to fuch Cer. tificate, fhall be fairly written in due and regular Order; and fuch Officer fhall, Four times in every Year, on the Second Monday in January, the Second Monday in April, the Second Monday in July, and the Second Monday in October, deliver or caufe to be delivered, between the Hours of Eleven of the Clock in the Forenoon and Three of the Clock in the Afternoon, at the Stamp Office in Dublin, if fuch Admiffion fhall take place in the County or County of the City of Dublin, to fuch Perfon as fhall be appointed for that Purpose by the Commiffioners of Stamps, and if such Admission shall take place in any other Part of Ireland, then to the Distributor of Stamps in whofe District fuch Admiffion fhall take place, at the Office of fuch Diftributor, one of the faid Books, with the Names of all Perfons fo admitted, and the Sums paid by them as aforefaid, fo written therein, together with all the faid Certificates fo delivered by the feveral Perfons, if any, who fhall have been fo admitted in the Quarter of a Year ending on the Quarter Day preceding the Delivery of fuch Book; and every such Distributor shall forthwith tranfmit to the Stamp Office in Dublin every such Book, together with to Stamp Office the Certificates fo delivered to him therewith; and every fuch Book, which shall be fo delivered at or transmitted to the faid Stamp Office in Dublin, fhall be forthwith examined by an Officer appointed for that Purpose, and fhall be compared with the Certificates accompanying the fame; and if they fhall be found to agree, then fuch Officer fhall certify at the Foot of the Names then entered in fuch Book, the Number of Admiffions appearing therein for the last Quarter, and that the proper Stamp Duty has been paid thereon; and thereupon fuch Books fhall be ftamped with One or more Stamp or Stamps denoting the Payment of such Duty, and shall be returned without any unneceffary Delay to the proper Officer of such Court.

Distributor to tranfmit Books

in Dublin.

Duty of Regiftrar of Chancery.

Apprentices to Attornies, &c. to obtain like Cer

tificates of Duties having been paid.

LX. And be it further enacted, That in the Court of Chancery the proper Officer for keeping fuch Books, and for the Purposes aforefaid, fhall be the Regiftrar of the faid Court or his Deputy.

LXI. And be it further enacted, That every Perfon who fhall be bound an Apprentice to any Attorney, Proctor, Notary Public in Ireland, fhall in like manner obtain from fome Perfon appointed for that Purpose by the faid Commiffioners of Stamps a written Certificate of having paid the Duty which shall be by Law payable on fuch Indenture of Apprenticeship at the time of executing the fame, which Certificate shall be lodged with the proper Officer of the Court in which fuch Indentures fhall be enrolled, or of the Court or One of the Courts to which the Mafter of fuch Apprentice fhall belong, or in case of Notaries, with the Registrar of the Court of Prerogative; and the Officer or Officers of fuch Court is and are hereby required to take charge of and keep fuch Certificate, so that the fame may and fhall be produced and read in open Court before any such Person

fhall

fhall be admitted to be an Attorney, Proctor or Notary, and shall be produced to a Mafter of the Court of Chancery in Ireland before any fuch Perfon fhall be admitted and fworn a Solicitor in the faid Court of Chancery as aforefaid.

unless their

Certificates.

LXII. And be it further enacted, That no Perfon in refpect of Advocates, Atwhofe Admiffion any Stamp Duty fhall be payable fhall be capable tornies, &c. not of practifing or acting as an Advocate, Proctor, Attorney, Solicitor, permitted to act Clerk or other Officer in any Court whatsoever in Ireland, nor ad- Names written mitted to the Privilege of a Student, or to act as a Barrister, under or in Books kept by by virtue of any Admiffion made after the Commencement of this the proper Offi Act, nor fhall any fuch Admiffion be valid or effectual, unless his cer for granting Name fhall appear so written in the said Books required by this Act to be kept as aforefaid, or in fuch of them as shall from time to time be in the Poffeffion of the proper Officer, and shall be duly ftamped as aforefaid; and that no such Officer shall deliver the fame Book in Two fucceffive Quarters, but that one of the said Books shall be delivered as aforefaid in January and in July, and the other of the said Books in April and October, fo as that fuch of the faid Books as fhall from time to time remain in the Hands of the proper Officer shall appear to have been infpected and ftamped at the Stamp Office in its Turn.

Duty of Officer in keeping fuch Books.

LXIII. And be it further enacted, That the faid Books fhall be kept fo as to agree as nearly as poffible with each other, and that whenever any fuch Book shall be returned from the Stamp Office as aforefaid to the proper Officer, fuch Officer fhall forthwith cause to be fairly and regularly entered therein the Names of all Perfons admitted while fuch Book was out of his Poffeffion, fo as to correfpond in that refpect with the other of the faid Books which remained in his Poffeffion; and if any fuch Officer fhall neglect or omit fo to deliver or cause to be delivered any fuch Book as aforefaid, together with fuch Certificates conformable thereto, at the times and in manner hereinbefore required, or fhall omit to make an Entry of any Admifhon in any fuch Book as aforefaid, he shall for every fuch Offence forfeit the Sum of Fifty Pounds; and if fuch Officer fhall wilfully Penalty. deface or deftroy any fuch Book, or make any falfe Entry therein, Erafing, &c. or fhall, without the Order of the Court or other competent Authority, erafe or alter any Entry therein, or fhall knowingly permit or fuffer any of the faid matters to be done, he fhall for every fuch Offence forfeit the Sum of Five hundred Pounds. LXIV. And be it further enacted, That no Attorney fhall practise in his own Name or in the Name of any other Attorney, in any of His Majesty's Courts of Law, or in any Court of Record whatfoever in Ireland, in which Attornies are admitted, except only in fuch Court or Courts in which he shall actually have been admitted and fworn an Attorney, on Pain of the Person so practising being rendered incapable of being fworn or practifing as an Attorney or Solicitor in any Court in Ireland; and every Attorney who fhall fo practise in any Court in which he fhall not have been admitted and fworn an Attorney, fhall be difabled from recovering the Cofts of any Proceedings carried on by him in any Court.

LXV. And be it further enacted, That every Perfon admitted, fworn, enrolled and registered as a Solicitor or Attorney, or as a Proctor, Agent or Procurator, in any of His Majefty's Courts in Dublin, or in any Ecclefiaftical Court or in any Court of Admiralty

in

Penalty. Attornies to practise only in

the Court in which admitted.

Attornies, &c. to deliver annually at Stamp Office, fidence and ftating whether

a Note of Re

they have been admitted Three Years or not, and on paying Duty entitled to Certificate.

Such Certificates
in force till
6th January.

Annual Certificates to be produced in Court

and entered in a Book.

Fee.

Accefs to fuch

Book, &c. without Fee.

No Attorney,

&c. to carry on any Proceeding in any Court till annual Certificate is obtained

in Ireland, or in any other Court in Ireland holding Plea, where the Debt or Damage doth amount to Forty Shillings or more, fhall annually, before he shall commence, carry on or defend any Action, Suit or Proceeding whatsoever in any of the faid Courts, deliver or cause to be delivered to the Commiffioners of Stamp Duties, or to fome Officer or Officers appointed by them for that Purpofe at the Stamp Office in Dublin, a Paper or Note in Writing, containing the Name and ufual Place of Refidence of fuch Perfon, and ftating whether he has been fo admitted Three Years or not; and thereupon and upon Payment of the Duties which shall then be by Law impofed on him as fuch Solicitor, Attorney, Proctor, Agent or Procurator, according to the time he has been admitted, as ftated in fuch Paper or Note in Writ. ing, every fuch Perfon fhall be entitled to a Certificate duly ftamped, to denote the Payment of the faid Duty by him, defcribing him in fuch Certificate according to the Defcription contained in the faid Note fo given in by him, which Certificate the faid Commiffioners, or fuch Perfon or Perfons as fhall be appointed by them for that Purpose, fhall caufe to be immediately iffued under the Hand and Name of the proper Officer, in fuch manner and Form as the faid Commiffioners fhall devife.

LXVI. And be it further enacted, That every fuch Certificate iffued to any Solicitor or Attorney, Proctor, Agent or Procurator, under the Directions of this A&t, fhall bear Date on the Day on which the fame shall be issued, and fhall commence and be of force on and from the Day of iffuing the fame, or on and from the Sixth Day of January next following, according as the Perfon obtaining the fame fhall defire, and every fuch Certificate fhall ceafe and determine on the Sixth Day of January next after the Day on which the fame fhall fo commence and be of force.

LXVII. And be it further enacted, That every annual Certificate fo to be obtained as aforefaid fhall be produced in every Court in which the Perfon defcribed therein fhall be admitted, enrolled, fworn or registered, to fome Officer or Officers of the faid Court, to be appointed for that Purpose by the Judges of the faid Courts respectively, before fuch Attorney, Solicitor, Proctor, Agent or Procurator fhall be permitted to practise as aforefaid, and every fuch Officer so to be appointed fhall, and he is hereby required from time to time upon the Production of fuch annual Certificate duly ftamped, and upon the Payment of the Fee of One Shilling, to enter in its Order alphabetically the Name of the Perfon defcribed in fuch annual Certificate, together with the Place of fuch his Refidence, and the time he has been admitted as aforefaid, and the Date of fuch annual Certificate, and for what time the fame is to be in force, in a Book or Roll to be prepared for that Purpose, to all which Books or Rolls in the faid Courts refpectively, all Perfons fhall and may at all reasonable times have free Accefs without Fee or Reward.

any

LXVIII. And be it further enacted, That if any Perfon fhall, in his own Name, or in the Name of any other Perfon or Persons, fue out any Writ or Procefs, or commence, profecute, carry on or defend Action or Suit or any Proceeding as an Attorney or Solicitor, Proctor, Agent or Procurator in any of the Courts aforeand entered,&c. faid, without having obtained fuch annual Certificate which shall be then in force, or without having caused the matters therein stated to be entered in fuch Court in fuch manner as hereinbefore is directed,

ог

or fhall deliver in to the Commiffioners of Stamp Duties, or to the
Officer to be appointed by them for the Purpose of iffuing, granting
or regiftering fuch annual Certificate, any falfe or fictitious Place of
Refidence, or any falfe or fictitious Statement of his having been ad-
mitted an Attorney, Solicitor, Proctor, Agent or Procurator, or of
the time when he shall have been so admitted, every such Person shall
for every fuch Offence forfeit and pay the Sum of One hundred Penalty.
Pounds, and fhall be and is hereby made incapable to maintain or
profecute any Action or Suit in any Court of Law or Equity, for
the Recovery of any Fee, Reward or Difburfement, on account of
profecuting, carrying on or defending any fuch A&tion, Suit or
Proceeding.

ney's acting in

Court,

LXIX. And be it further enacted, That every Attorney, Solici- Proof of Attor tor, Proctor, Agent or Procurator, in whofe Name, either fingly or together with that of any other Perfon or Persons, any Writ or Procefs fhall be fued out, or any Action, Suit or Proceeding fhall be commenced, profecuted, carried on or defended in any of the faid Courts, fhall on any Trial or Hearing whatsoever for or relating to any Penalty or other matter under this Act, or any Act or Acts in anywife relating to the Collection or Management of Stamp Duties, be deemed and taken to have fo fued out fuch Writ or Process, or to have so commenced, profecuted, carried on or defended fuch Action, Suit or Proceeding, unless previous to fuch Trial or Hearing fuch Writ, Procefs or Proceeding fhall have been fet afide by the Court on Examination into the Facts on Oath (which fuch Court is hereby required to do in fuch cafe), and not by Confent as having been so sued out, commenced, profecuted, carried on or defended without the Direction, Privity or Permiffion of the Attorney, Solicitor, Proctor, Agent or Procurator, in whofe Name fuch Writ or Process shall be sued out, or fuch Action, Suit or Proceeding shall have been commenced, carried on or defended.

Officer fuffering
Writ to be fued

out in Name of
any Attorney
unless he has ob
tained his Cer-
tificate.

LXX. And be it further enacted, That no Officer of any Court whatsoever shall fuffer any Writ or Process to be iffued or fued out, or any Action or Suit to be commenced, profecuted, carried on or defended, or any Proceeding had or taken in or from his Office in the Name of any Attorney, Solicitor, Proctor, Agent or Procurator, either fingly or together with any other Perfon or Perfons, unless fuch Attorney, Solicitor, Proctor, Agent or Procurator fhall have previously obtained fuch annual Certificate as aforefaid, which shall be then in force, and shall have caufed the matters therein stated to be entered in fuch Court as aforefaid, and if any fuch Officer shall offend herein, he fhall for every fuch Offence forfeit the Sum of Twenty Penalty. Pounds; and it fhall not be neceffary in any Proceeding for the Recovery of fuch Penalty to prove that any fuch Officer was himself perfonally concerned in any of the matters aforefaid, but it shall be fufficient that fuch Offence was committed in his Office or Department.

LXXI. And be it further enacted, That every Appearance of or for any Defendant or Defendants in the Court of Chancery in Ireland fhall be entered in the Office of the Regiftrar of the faid Court, in a Book to be there kept for that Purpose; and that any Appearance in any other Office, or in any other manner, shall be null and void to all Intents and Purposes whatsoever; and that fuch Regiftrar, as alfo the proper Officer in whose Office any fuch Appearance shall be 56 GEO. III. entered

N

Appearances for Defendants in tered by Re Chancery engiftrar.