Petition shall be entitled to recover from such Party or Parties, or any of them, with respect to whom such Report shall be made, the full Costs and Expences which such Petitioner or Petitioners shall respectively have incurred in prosecuting their Petition, such Costs and Expences to be ascertained in the Manner hereinafter directed. LIX. And be it enacted, That whenever no Party shall have appeared before any such Committee in opposition to such Peition, and such Committee shall report to the House, with respect o the Election or Return, or to the alleged Omission of a Return, or to the alleged Insufficiency of a Return, complained of in any such Petition, that the same appeared to them to be vexatious or corrupt, the Person or Persons who shall have signed such Petition shall be entitled to recover from the sitting Member or sitting Members (if any) whose Election or Return shall be complained of in such Petition (such sitting Member or sitting Members not having given Notice as aforesaid of his or their Intention not to defend the same), or from any other Person or Persons whom the House shall have admitted or directed to be made a Party or Parties to oppose such Petition, the full Costs and Expences which such Petitioner or Petitioners shall have incurred in prosecuting their Petition; such Costs and Expences to be ascertained in the Manner hereinafter directed. Costs, when in- to oppose a ascertained. LX. And be it enacted, That the Costs and Expences of pro- Costs, how to be secuting or opposing any Petition presented under the Provisions of this Act, and the Costs, Expences, and Fees which shall be due and payable to any Witness summoned to attend before such Committee, or to any Clerk or Officer of the House of Commons, upon the Trial of any such Petition, shall be ascertained in manner following; (that is to say), that on Application made to the Speaker of the House of Commons within Three Months after the Determination of the Merits of such Petition, by any such Petitioner, Party, Witness, or Officer, as before mentioned, for ascertaining such Costs, Expences, or Fees, the Speaker shall direct the same to be taxed by Two Persons, of whom the Clerk or One of the Clerks Assistant of the House shall always be one, and One of the following Officers, not being a Member of the House, shall be the other; (that is to say), Masters in the High Court of Chancery, Clerks in the Court of King's Bench, Prothonotaries in the Court of Common Pleas, and Clerks in the Court of Exchequer; and the Persons so authorized and directed to tax such Costs, Expences, and Fees shall and they are hereby required to examine the same, and to report the Amount thereof, together with the Name of the Party liable to pay the same, to the Speaker of the said House, who shall, upon Application made to him, deliver to the Party or Parties a Certificate, signed by himself, expressing the Amount of the Costs, Expences, and Fees allowed in such Report, together with the Name of the Party liable to pay the same; and the Persons so appointed to tax such Costs, Expences, and Fees, and report the Amount thereof, are hereby authorized to demand and receive for such Taxation and Report such Fees as shall be from time to time fixed by any Resolution of the House; and such Certificate so signed by the Speaker shall be conclusive Evidence of the Amount of such Demands, in all Costs to be taxed. Persons appointed to tax Costs empowered to take Affidavits. Costs, how to be recovered. Speaker's Certificate to have the Effect of a Warrant to confess Judg ment. Persons paying cover a Propor tion thereof from other Persons liable thereto. Recognizances, when to be estreated, &c. Cases and for all Purposes whatsoever; and the Witness, Officer or Party claiming under the same shall, upon Payment thered give a Receipt at the Foot of such Certificate, which shall be a sufficient Discharge for the same. LXI. And be it enacted, That in all Cases the Persons here:before authorized and directed by the Speaker of the House a Commons to tax such Costs and Expences shall allow all reasonable Costs as between Attorney and Client. LXII. And be it enacted, That each of the Persons so authorized as aforesaid by the Speaker of the House of Commons to tax such Costs, Expences, or Fees, and also any Master of the High Cour of Chancery, or any of His Majesty's Justices of the Peace, shal be, and they and each of them are hereby authorized and empowered to take any Affidavit relative to such Costs, Expences or Fees, or the Taxation or Nonpayment thereof, and to administer the Oath for taking such Affidavit; and all and every Person convicted of wilfully false swearing in any Affidavit authorized to be made by this Act, shall be deemed guilty of and suffer the Penalties on Persons convicted of wilful and corrupt Perjury. LXIII. And be it enacted, That it shall and may be lawful far the Party or Parties entitled to such Costs and Expences, or for his, her, or their Executors or Administrators, to demand the whole Amount thereof, so certified as above, from any one of more of the Persons respectively who are hereinbefore made liable to the Payment thereof in the several Cases hereinbefore mentioned, and in case of Nonpayment thereof to recover the same by Action of Debt in any of His Majesty's Courts of Record at Westminster, in which Action it shall be sufficient for the Plaintif or Plaintiffs to declare that the Defendant or Defendants is or are indebted to him or them in the Sum to which the Costs and Expences, ascertained in manner aforesaid, shall amount, by virtue of this Act; and the Certificate of such Amount, so signed as aforesaid by the Speaker, shall have the Force and Effect of a Warrant to confess Judgment; and the Court in which such Action shall be commenced shall, upon Motion, and on the Production of such Certificate, enter up Judgment in favour of the Plaintiff or Plaintiffs named in such Certificate, for the Sum spe. cified therein to be due from the Defendant or Defendants in such Action, in like Manner as if the said Defendant or Defendants had signed a Warrant to confess Judgment in the said Action to that Amount. LXIV. And be it enacted, That in every Case where the Amount of such Costs and Expences shall have been so recovered from any Person or Persons, it shall and may be lawful for such Person or Persons to recover in like Manner, from the other Persons, or any of them (if such there shall be), who are liable to the Payment of the same Costs and Expences, a proportionable Share thereof, according to the Number of Persons so liable. LXV. And be it enacted, That if any Petitioner or Petitioners who shall have entered into such Recognizance as aforesaid shall neglect or refuse, for the Space of Seven Days after Demand, to pay to any Witness who shall have been summoned on his or their Behalf, before the House or such Select Committee, on the Trial of of such Petition, the Sums so certified as aforesaid by the Speaker to be due to such Witness, together with the further Sum of Forty Shillings per Diem for every Day during which such Petitioner or Petitioners shall delay to satisfy the same; or if such Petitioner or Petitioners shall neglect or refuse, for the Space of Six Months after Demand, to pay to any Officer of the House, or to any Party who shall appear in opposition to the said Petition, the Sum so certified by the Speaker as aforesaid to be due to such Officer or Party, for their Fees, Costs, or Expences, and that such Neglect or Refusal shall be proved to the Speaker's Satisfaction, by Affidavit sworn before any Master of the High Court of Chancery (and such Master is hereby authorized to administer such Oath, and is authorized and required to certify such Affidavit under his Hand), in every such Case such Person or Persons shall be held to have made Default in his or their said Recognizance; and the Speaker of the House of Commons shall thereupon certify such Recognizance into the Court of Exchequer, and shall also certify that such Person or Persons have made Default therein; and such Certificate shall be conclusive Evidence of such Default; and the Recognizance, being so certified, shall have the same Effect as if the same were estreated from a Court of Law: Provided always, that such Recognizance and Certificate shall in every such Case be delivered by the Clerk or One of the Clerks Assistant of the House of Commons into the Hands of the Lord Chief Baron of the Exchequer, or of One of the Barons of the Exchequer, or of such Officer as shall be appointed by the said Court to receive the same. LXVI. And be it enacted, That if any Sheriff or other Returning Officer or Officers shall wilfully delay, neglect, or refuse duly to return any Person who ought to be returned to serve in Parliament for any County, City, Borough, District of Burghs, Port, or Place within Great Britain, every such Person may, in case it shall have been determined by a Select Committee appointed in the Manner hereinbefore directed, that such Person was entitled to have been returned, sue the Sheriff or other Officer or Officers having so wilfully delayed, neglected, or refused duly to make. such Return at his Election, in any of His Majesty's Courts of Record at Westminster, or of his Court of Session in Scotland, and shall recover Double the Damages he shall sustain by reason thereof, together with full Costs of Suit, provided such Action is commenced within One Year after the Commission of the Act on which it is grounded, or within Six Months after the Conclusion of any Proceedings in the House of Commons relating to such Election. Returning Officer may be sued for neglecting to return duly elected. any Persons LXVII. And be it enacted, That this Act shall commence and Commencetake effect from and after the last Day of the present Session of ment of Act. Parliament. Form of Recognizance referred to in this Act. BE it remembered, That on the in the Year of our Lord Day of before me A. B. ) came C. D., E. F., (Speaker of the House of Commons) or (One of His Majesty's Justices of the Peace for the County of 1 Certain Bankers may issue unstamped Pro T E. F., & J. G. (H. K. & L. M.) and severally acknowledged them selves to owe to our Sovereign Lord the King the following Suns that is to say, the said C. D. the Sum of One thousand Poun and (the said E. F. and the said J. G. the Sum of Five hundre. Pounds each), [or, in case there should be Four Sureties, the E. F., J. G., H. K., & L. M. the Sum of Two hundred and Fift Pounds each]; to be levied on their respective Goods and Cha tels, Lands and Tenements, to the Use of our said Sovereign Lan the King, His Heirs and Successors, in case the said C. D. sha fail in performing the Condition hereunto annexed: The Condition of this Recognizance is, That if the said C.D. shall well and truly pay all Costs and Expences and Fees whic shall be due and payable from the said C. D. to any Witness who shall be summoned to give Evidence in his Behalf, or to Clerk or Officer of the House of Commons, upon the Trial of the Petition signed by the said C. D. (complaining of an under Election or Return for the [here state the Place], or (complaining that no Return has been made for the said within the Time limited by Act of Parliament), or (complaining that the Return made for the said is not a Return of a Menber or Members, according to the Requisition of the Writ); and if the said C. D. shall also well and truly pay the Costs and Er. pences of the Party who shall appear before the House in opposition to the said Petition, in case the said C. D. shall fail to appear before the House at such Time or Times as shall be fixed by the House for taking such Petition into Consideration; or in case the said C. D. shall withdraw his said Petition by the Per mission of the House; or in case the Select Committee appointed by the House to try the Matter of the said Petition shall report to the House that the said Petition appears to them to be frivolous or vexatious; then this Recognizance to be void, otherwise to be of full Force and Effect. CA P. XXIII. An Act to enable Bankers in England to issue certain un Won Business of Bankers in England (except within the WHEREAS it is expedient to permit all Persons carrying City of London, or within three Miles thereof), to issue their Promissory Notes payable to Bearer on Demand, or to Order within a limited Period after Sight, and to draw Bills of Ex change payable to Order on Demand, or within a limited Period after Sight or Date, on unstamped Paper, upon Payment of a Composition in lieu of the Stamp Duties which would otherwise be payable upon such Notes and Bills respectively, and subject to the Regulations hereinafter mentioned;' 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 Au thority of the same, That from and after the First Day of July One thousand eight hundred and twenty-eight, it shall be lawful for or any Person or Persons carrying on the Business of a Banker missory Notes r Bankers in England, (except within the City of London, or and Bills of Exchange, vithin Three Miles thereof,) having first duly obtained a Licence or that Purpose, and given Security by Bond in manner herein- Regulations subject to the ifter mentioned, to issue, on unstamped Paper, Promissory Notes herein menor any Sum of Money amounting to Five Pounds or upwards, tioned. expressed to be payable to the Bearer on Demand, or to Order, it any Period not exceeding Seven Days after Sight; and also o draw and issue, on unstamped Paper, Bills of Exchange, exressed to be payable to Order on Demand, or at any Period not xceeding Seven Days after Sight, or Twenty-one Days after the Date thereof; provided such Bills of Exchange be drawn upon . Person or Persons carrying on the Business of a Banker or Bankers in London, Westminster, or the Borough of Southwark, or provided such Bills of Exchange be drawn by any Banker or Bankers, at a Town or Place where he or they shall be duly licensed to issue unstamped Notes and Bills under the Authority of this Act, upon himself or themselves, or his or their Copartner or Copartners, payable at any other Town or Place where such Banker or Bankers shall also be duly licensed to issue such Notes and Bills as aforesaid. of Stamps may grant Licences to issue unstamped Notes and Bills. II. And be it enacted, That it shall be lawful for any Two or Commissioners more of the Commissioners of Stamps to grant to all Persons carrying on the Business of Bankers in England (except as aforesaid), who shall require the same, Licences authorizing such Persons to issue such Promissory Notes, and to draw and issue such Bills of Exchange as aforesaid, on unstamped Paper; which said Licences shall be and are hereby respectively charged with a Stamp Duty of Thirty Pounds for every such Licence. A separate Licence to be taken for every Place where such Notes or Bills shall be issued, but not to exceed Four Licences for any Number of such Places. III. And be it further enacted, That a separate Licence shall be taken out in respect of every Town or Place where any such unstamped Promissory Notes or Bills of Exchange as aforesaid shall be issued or drawn: Provided always, that no Person or Persons shall be obliged to take out more than Four Licences in all for any Number of Towns or Places in England; and in case any Person or Persons shall issue or draw such unstamped Notes or Bills as aforesaid, at more than Four different Towns or Places, then, after, taking out Three distinct Licences for Three of such Towns or Places, such Person or Persons shall be entitled to have all the rest of such Towns or Places included in a Fourth Licence. IV. And be it further enacted, That every Licence granted Regulations under the Authority of this Act shall specify all the Particulars respecting required by Law to be specified in Licences to be taken out by Licences. Persons issuing Promissory Notes payable to Bearer on Demand, and allowed to be re-issued; and every such Licence which shall be granted between the Tenth Day of October and the Eleventh Day of November in any Year shall be dated on the Eleventh Day of October, and every such Licence which shall be granted at any other Time shall be dated on the Day on which the same shall be granted; and every such Licence shall (notwithstanding any Alteration which may take place in any Copartnership of Persons to whom the same shall be granted) have effect and continue in force from the Day of the Date thereof until the Tenth Day of October then next following, both inclusive, and no longer. F 4 V. P10 |