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2. And be it enacted, That it shall be lawful for any judge of one of Indictments her Majesty's Superior Courts at Westminster, acting under any com- found at the mission of oyer and terminer and goal delivery for any county, to issue, sessions of the if he shall think fit, any writ or writs of certiorari or other process, removed ; directed to the justices of the peace acting in and for such county, riding, division, or liberty, or to the recorder of any borough situated within the said county, commanding the said justices and recorder severally to certify and return, into the Court holden under the authority of such commission of oyer and terminer and gaol delivery, all indictments or presentments found or taken before any of the said justices of the peace, or recorder, of any offences which, after the passing of this act, such justices or recorder will not have jurisdiction to try, and the several recognizances, examinations, and depositions relative to such indictments and presentments; and, also, if necessary, by writ or writs of habeas and prisoners corpus, to cause any person or persons who may be in the custody of any may be regaol or prison, charged with any such offence, to be removed into the moved by custody of the keeper of the common gaol of the county, so that the same offences may be dealt with, tried, and determined according to law, under the authority of the said commission.
3. And be it enacted, that every recognizance which shall have been Recognizances entered into for the prosecution of any person at any court of sessions of to be obligathe peace, for any offence which after the passing of this act such Court tory to appear will not have jurisdiction to try, and every recognizance for the appearance, as well of any witness to give evidence upon any bill of indictment or presentment for any such offence, as of any person to answer our lady the Queen for or concerning any such offence, or to answer generally before such Court, shall, in case any writ of certiorari or habeas corpus be issued for the purpose of removing such indictment or presentment, or such person so in custody as aforesaid, be obligatory on the parties bound by such recognizance to prosecute and appear, and give evidence, and do all other things therein mentioned, with reference to the indictment or presentment or person so removed as aforesaid, before the justices of oyer and terminer and gaol delivery acting in and for that county, in like manner as if such recognizance had been originally entered into for prosecuting such offence, appearing, or giving evidence, or doing such other things before the said justices of oyer and terminer and gaol delivery: provided always, that one week's notice shall have been given, either personally or by leaving the same at the place of residence as of which the parties bound by such recognizance are therein described, to appear before the Court of oyer and terminer and gaol delivery, instead of the said Court of sessions of the peace: provided also, that the judge who shall grant such writ of certiorari or habeas corpus shall cause the party applying for such writ or writs, whether he be the prosecutor or party charged with such offence, to enter into a recognizance, in such sum, and with or without sureties, as the judge may direct, conditioned to give such notice as aforesaid to the parties bound by such recognizance to appear before the said Court of oyer and terminer and gaol delivery, instead of before the said Court of sessions of the peace respectively, and to do such other things with reference to the indictment, presentment, or person removed as such Court or judge shall direct.
4. And whereas it is expedient to enlarge the powers of justices of Power to the peace for dividing their several Courts of sessions of the peace ; be it divide Courts
of sessions of enacted, that whenever any Court of general or quarter session or adjourned session of the peace shall be assembled for the dispatch of business thereunto belonging, and there shall be any order of the Court in force for the appointment of a permanent chairman and deputy chairman of the said Court, it shall be lawful for the justices then present, if
it shall appear to them advisable, having regard to the business to be disposed of, to appoint two or more justices, one of whom shall be such deputy chairman, to sit apart in some convenient place in or near the Court, there to hear and determine such business as shall be referred to them, whilst others of the justices, one of whom shall be the said chairman, are at the same time proceeding in the dispatch of the other business of the same Court, and that the proceedings so had by and before the justices so sitting apart shall be as good and effectual in the law as if the same were had before the Court assembled and sitting as usual in its ordinary place of sitting, and shall be enrolled and recorded,
accordingly: and that the several provisions of an act of the fifty-ninth 59 G. 3, c. 28. year of the reign of King George the third, intituled An Act to empower
Magistrates to divide the Court of Quarter Sessions, shall, so far as may be, extend and be applicable to the second Court so to be holden as aforesaid.
5. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of Parliament.
6. And be it enacted, that this act shall not extend to Scotland or Ireland.
The 5 & 6 Vict. c. 39, s, 1, recites the 6 Geo. 4, c. 94, and that much advances to litigation has arisen on the construction of the said recited act, and the persons in
same does not extend to protect exchanges of securities bonâ fide made, trusted with goods.
and enacts that “any agent who shall (after the 30th June, 1842,) be intrusted with the possession of goods, or of the documents of title to goods, shall be deemed and taken to be owner of such goods and documents, so far as to give validity to any contract, or agreement by way of pledge, lien, or security bona fide made by any person with such agent so intrusted as aforesaid, as well for any original loan, advance, or payment made upon the security of such goods or documents, as also for any further or continuing advance in respect thereof, and such contract or agreement shall be binding upon and good against the owner of such goods, and all other persons interested therein, notwithstanding the person claiming such pledge or lien may have had notice that the person with whom such contract or agreement is made is only an agent.”
By sec. 2, bonâ fide deposits in exchange are protected.
By sec. 3, the statute is to be construed to protect only transactions bona fide, without notice that the agent pledging is acting without au
thority, or malâ fide against the owner. Meaning of the Sec. 4 enacts, that “any bill of lading, India warrant, dock warrant, term “ Docu- warehouse keeper's certificate, warrant, or order for the delivery of ment of title.” goods, or any other document used in the ordinary course of business
as proof of the possession or control of goods, or authorizing or purporting to authorize either by indorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented, shall
be deemed and taken to be a document of title within the meaning of And when this act; and any agent intrusted as aforesaid, and possessed of any such agent in
document of title, whether derived immediately from the owner of such trusted ; goods, or obtained by reason of such agents having been intrusted with
the possession of the goods, or of any other document of title thereto, shall be deemed and taken to have been intrusted with the possession of the goods represented by such document of title as aforesaid, and all contracts pledging or giving a lien upon such document of title as aforesaid shall be deemed and taken to be respectively pledges of and liens
npon the goods to which the same relates ; and such agent shall be and when in
deemed to be possessed of such goods or documents, whether the same possession.
shall be in his actual custody, or shall be hield by any other person subject to his control or for him or on his behalf; and where any loan
or advance shall be bonâ fide made to any agent intrusted with and in possession of any such goods or documents of title as aforesaid, on the faith of any contract or agreement in writing to consign, deposit, transfer, or deliver such goods or documents of title as aforesaid, and such goods or documents of title shall actually be received by the person making such loan or advance, without notice that such agent was not authorized to make such pledge or security, every such loan or advance shall be deemed and taken to be a loan or advance on the security of such goods or documents of title within the meaning of this act, though such goods or documents of title shall not actually be received by the person making such loan or advance till the period subsequent thereto; and any con- What to be tract or agreement, whether made direct with such agent as aforesaid, deemed a or with any clerk or other person on his behalf, shall be deemed a contract or agreement with such agent; and any payment made, whether agreement,”
and advance." by money or bills of exchange, or other negotiable security, shall be deemed and taken to be an advance within the meaning of this act ; and an agent in possession as aforesaid of such goods or documents shall Possession be taken, for the purposes of this act, to have been intrusted therewith primù facie
evidence of by the owner thereof, unless the contrary can be shown in evidence.”
intrusting. By sec. 5, “ Nothing herein contained shall lessen, vary, alter, or Agent's civil affect the civil responsibility of an agent for any breach of duty or con- responsibility tract, or non-fulfilment of his orders or authority, in respect of any such not to be di
minished. contract, agreement, lien, or pledge as aforesaid.”
By sec. 6, “ If any agent intrusted as aforesaid shall, contrary to or Agents makwithout the authority of his principal in that behalf, for his own benefit ing consign
ments contrary and in violation of good faith, make any consignment, deposit, transfer, to instruction or delivery of any goods or documents of title so intrusted to him as of principal aforesaid, as and by way of a pledge, lien, or security; or shall, contrary guilty of misto or without such authority, for his own benefit and in violation of good
demeanor. faith, accept any advance on the faith of any contract or agreement to consign, deposit
, transfer, or deliver such goods or documents of title as aforesaid ; every such agent shall be deemed guilty of a misdemeanor,
'a and being convicted thereof shall be sentenced to transportation for any term not exceeding fourteen years nor less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award; and every clerk or other person who shall knowingly and wilfully act and assist in making any such consignment, deposit, transfer, or delivery, or in accepting or procuring such advance as aforesaid, shall be deemed guilty of a misdemeanor, and being convicted thereof, shall be liable at the discretion of the Court to any of the punishments which the Court shall award, as hereinbefore last mentioned : provided nevertheless, that no such agent shall be liable to any prosecution for consigning, depositing, transferring, or delivering any such goods or documents of title, in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which at the time of such consignment, deposit, transfer, or delivery was justly due and owing to such agent from his principal, together with the amount of any bills of exchange drawn by or on account of such principal, and accepted by such agent: provided also, that the conviction of any such agent so convicted as aforesaid shall not be received in evidence in any action at law or suit in equity against him, and no agent intrusted as aforesaid shall be liable to be convicted by any evidence whatsoever in respect of any act done by him, if he shall, at any time previously to his being indicted for such offence, have disclosed such act, on oath, in consequence of any compulsory process of any Court of law or equity in any action, suit, or proceeding which shall have been bonâ fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any commissioner of bankrupt.”
Punishing per- The 5 & 6 Vict. c. 66. “An Act for further regulating the preparation sons manufac.
and issue of Exchequer Bills,” enacts, by sec. 9, that “every person turing paper, plates, or dies,
who shall make, or cause or procure to be made, or shall aid or assist in intending to making, or shall knowingly have in bis possession, not being legally imitate those authorized by the commissioners of excise or commissioners of her used for ex
Majesty's treasury, and without lawful excuse (the proof whereof shall chequer bills.
lie on the person accused,) any instrument having therein any words, letters, figures, marks, lines, or devices peculiar to and appearing in the substance of any paper provided or to be provided or used for exchequer bills, or any machinery for working any threads into the substance of any paper, or any such thread, and intended to imitate such words, letters, figures, marks, lines, threads, or devices, or any plate peculiarly employed for printing exchequer bills, or any die peculiarly used for preparing any such plate, or for sealing such exchequer bills, or any plate or die intended to imitate such plates or dies respectively; and also every person, except as before excepted, who shall make, or cause or procure to be made, or aid or assist in making any paper, in the substance of which shall appear any words, letters, figures, marks, lines, threads, or other devices peculiar to and appearing in the substance of any paper provided or to be provided or used for exchequer bills, or any part of such words, letters, figures, marks, lines, threads, or other devices, and intended to imitate the same ; and also every person, except as before excepted, who shall knowingly have in his possession, without lawful excuse (the proof whereof shall lie on the person accused), any paper whatever in the substance whereof shall appear any such words, letters, figures, marks, lines, threads, or devices as aforesaid, or any part of such words, letters, figures, marks, lines, threads, or devices, and intended to imitate the same; and also every person, except as before excepted, who shall cause or assist in causing any such words, letters, figures, marks, lines, threads, or devices as aforesaid, or any part of such words, letters, figures, marks, lines, threads, or other devices, and intended to imitate the same, to appear in the substance of any paper whatever; or who shall take or assist in taking any impression of any
such plate or die as aforesaid, shall be guilty of felory." Persons un
By sec. 10, that “every person not lawfully authorized, and without lawlawfully baving ful excuse (the proof whereof shall lie on the person accu
cused,) who shall in possession
purchase, or receive or take, and have in his custody, any paper manuused as ex
factured and provided by or under the directions of the commissioners chequer bills, of excise or commissioners of her Majesty's treasury, for the purpose of guilty of a mis- being used as exchequer bills, before such paper shall have been duly demeanor.
stamped, signed, and issued for public use, or any such plate or die as aforesaid, shall for every such offence be guilty of a misdemeanor, and being convicted thereof shall, at the discretion of the Court before whom he shall be tried, be imprisoned for any period not more than three years por less than six calendar months.”
paper to be
The 5 & 6 Vict. c. 85, after reciting the 1 & 2 Vict. c. 96, the 2 & 3 Vict. c. 38, and the 3 & 4 Vict. c. 111, enacts, “ that the first recited act, as extended by the 3 & 4 Vict. c. 111, shall be perpetual."
The 5 & 6 Vict. c. 122, “An Act for the Amendment of the Law of Bankruptcy,” by sec. 2, repeals “ All laws, statutes, and usages, in so far
as they may be inconsistent or at variance with the provisions of this Bankrupt not act,” and by sec. 32, enacts, that “ If any person adjudged bankrupt after surrendering the commencement of this act shall not, upon the day limited for the and submitting surrender of such bankrupt, and before three of the clock of such day, to be examined. or at the hour and upon the day allowed him for finishing his examination,
after notice thereof in writing, to be left at the usual or last known place
of abode or business of such person, or personal notice in case such person be then in prison, and notice given in the London Gazette of the issuing of the fiat, and of the sittings of the Court authorized to act in the prosecution of the fiat against him, surrender himself to such Court, and sign or subscribe such surrender, and submit to be examined before such Court from time to time upon oath; or if any such bankrupt, upon On making such examination, shall not discover all his real and personal estate, and discovery of his how, and to whom, upon what consideration, and when he disposed of, estate and assigned, or transferred any of such estate, and all books, papers, and writings relating thereunto (except such part as shall have been really and bonâ fide before sold or disposed of in the way of his trade, or laid out in the ordinary expense of his family); or if any such bankrupt shall or not delivernot upon such examination deliver up to the said Court all such part of ing up his
estate, books, such estate, and all books, papers, and writings relating thereunto as
&c., shall be in his possession, custody, or power (except the necessary wearing apparel of himself
, his wife, and children); or if any such bankrupt shall or conccaling, remove, conceal, or embezzle any part of such estate to the value of ten &c., to the pounds or upwards, or any books of account, papers, or writings relating value of 101., thereto, with intent to defraud his creditors ; every such bankrupt shall alty of
felony. be deemed guilty of felony, and be liable to be transported for life, or for such term not less than seven years, as the Court before which he Punishment. shall be convicted shall adjudge, or shall be liable to be imprisoned, with or without hard labour, in any common gaol, penitentiary house, or house of correction, for any term not exceeding seven years."
By sec. 33, enacts that, “ The Court authorized to act in the prose- Court may tion of any fiat in bankruptcy shall have power as often as such Court enlarge the shall think fit, from time to time, to enlarge the time for the bankrupt time for the named in such fiat surrendering himself for such time as such Court bankrupt
surrendering shall think fit, so as every such order be made six days at least before himself. the day on which such bankrupt was to surrender himself.”
By sec. 34, enacts that, “ If any bankrupt shall, after an act of bank- Bankrupt ruptcy committed, or in contemplation of bankruptcy, or with intent to destroying or defeat the object of this or any other statute relating to bankrupts, and books, Sc.,
& after the commencement of this act, have destroyed, altered, mutilated, guilty of a or falsified any of his books, papers, writings, or securities, or made or misdemeanor, been privy to the making of any false or fraudulent entry in any book of and liable to account or other document, with intent to defraud his creditors, every with or without such bankrupt shall be deemed to be guilty of a misdemeanor, and being hard labour. convicted thereof shall be liable to be imprisoned in any common gaol or house of correction for any term not exceeding three years, with or without hard labour."
By sec. 35, enacts that, “ If any bankrupt shall within three months Bankrupt next preceding his bankruptcy, and after the commencement of this act, within three under the false colour and pretence of carrying on business and dealing in months of his the ordinary course of trade, have obtained on credit from any other person having
bankruptcy, any goods or chattels with intent to defraud the owner thereof, or if obtained goods any bankrupt shall within the time, aforesaid, with such intent, have on credit removed, concealed, or disposed of any goods or chattels so obtained, under false knowing them to have been so obtained, every such person so offending guilty of a
pretence, &c., shall be deemed to be guilty of a misdemeanor, and being convicted misdemeanor. thereof, shall be liable to imprisonment for any term not exceeding two years, with or without hard labour.”
By sec. 36, enacts that, “ It shall be lawful for the Court authorized Prosecution to act in the prosecution of any fiat in bankruptcy issued after the com- against mencement of this act, upon the request in writing of at least three bankrupt for
any offence creditors (not being partners) who shall have respectively proved debts under this act of the amount of fifty pounds or upwards under such fiat, to direct the may be ordered assignees of the bankrupt named in such fiat, if he shall be suspected by the Court