United Kingdom Legislation

1—22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

23.

Clerk of Parliament to return to Treasury or to commissioners an account of fines set in the House of Lords;

The clerk of the Parliament shall, within fourteen days next after every session of Parliament, make out an account of all and every fines or fine which shall or may be set or imposed, and also of all recognizances ordered to be estreated, by the lords spiritual and temporal in Parliament assembled during such preceding session of Parliament, with the names and residences of the parties, and distinguishing such of the said fines as shall have been received, and transmit the same to the [F3 Lord Chancellor], and also a duplicate thereof to the said commissioners for auditing the public accounts, and also shall, within the time aforesaid, certify and estreat all such fines as shall not have been received by him in and into his Majesty’s Court of Exchequer.

24.

and pay fines received as Treasury shall direct.

All fines which shall be received by the said clerk of the Parliament shall be paid by him to such person or persons, at such times, and in such manner, as the [F4 Lord Chancellor] shall by warrant direct.

25.

Clerk of House of Commons to make return of all recognizances.

The clerk of the House of Commons shall, within fourteen days next after every session of Parliament, make out an account of all recognizances certified by the speaker of the said House or estreated by him into the Exchequer, with the names and residences of the parties, and transmit the same to the [F5 Lord Chancellor], and also a duplicate thereof to the said commissioners for auditing the public accounts.

26.

Account of fines in King’s Bench, Common Pleas, and Exchequer to be transmitted to Treasury and to commissioners of audit.

The King’s coroner and attorney of his Majesty’s Court of King’s Bench and the prothonotaries of his Majesty’s Court of Common Pleas, and his Majesty’s remembrancer of the Court of Exchequer, and also the masters and prothonotaries of the office of pleas in the same court, respectively, shall on the first day of every term make out an account of all fines, issues, amerciaments, penalties, and recognizances set, lost, imposed, or forfeited to or for the use of his Majesty in the said courts respectively, and not before estreated, with the names and residences of the parties, and distinguishing such as shall have been paid, and transmit the same to the [F6 Lord Chancellor], and also a duplicate thereof to the said commissioners for auditing the public accounts.

27.

Unpaid fines to be estreated.

The said coroner and attorney of his Majesty’s Court of King’s Bench, the prothonotaries of the Court of Common Pleas, and the master and prothonotaries of the office of pleas, and King’s remembrancer, respectively, shall, on the first day of every term, and at such other time or times as they shall respectively be ordered or required so to do by any order of the said courts respectively or by the order of any judge or baron thereof, certify and estreat all such fines, issues, amerciaments, penalties, and recognizances set, lost, imposed, or forfeited as aforesaid, and not received by them respectively, in and into the said Court of Exchequer.

28.

Fines, &c. received to be paid as Treasury shall direct.

All such fines, issues, amerciaments, penalties, and recognizances set, lost, imposed, or forfeited as aforesaid which shall be received by any of the said officers of the said court of King’s Bench, Common Pleas, or Exchequer, shall be paid by them respectively to such officer or officers or to such person or persons entitled thereto, and at such times and in such manner as the [F7 Lord Chancellor] shall by warrant . . . . . . F8 direct.

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30.

Where fines, &c. are now estreated upon oath, such oath may be taken before a judge, &c.

Provided always, that in all cases where any fines, issues, recognizances, penalties, forfeitures, or deodands are required by any Act or Acts now in force to be estreated, upon oath, in or into the Court of Exchequer, such oath shall and may be sworn and taken before a judge of any of his Majesty’s superior courts of record at Westminster, or before any commissioners for taking affidavits in the same courts, or before any master extra-ordinary in the High Court of Chancery, or before any of his Majesty’s justices of the peace; and every such estreat shall be transmitted to and filed with his Majesty’s remembrancer of the said Court of Exchequer, and received and entered by him without fee or reward.

31.

Accounts of estreats to be transmitted to Treasury and to commissioners of audit.

His Majesty’s remembrancer . . . . . . F10 shall, on or before the first seal day next after every term, make out an account in writing of all fines, issues, amerciaments, penalties, forfeited recognizances, and deodands estreated during the preceding vacation and term, and also of all returns within the same period of sheriffs to process issued for the purpose of levying any estreated fines, issues, amerciaments, penalties, forfeited recognizances, and deodands, and shall, within the time last aforesaid, transmit and send one copy of such account to the [F11 Lord Chancellor] . . . . . . F12

32.

Process to be issued every term, or oftener, to levy estreats.

His Majesty’s said remembrancer shall, on the first seal day next after every term, and also at any other time or times when required by the Court of Exchequer or by the fiat or order of any baron thereof, make out and issue, or cause to be made out and issued, according to the practice of the Court of Exchequer, and without fee or reward, process for duty levying and enforcing payment of all such fines, issues, amerciaments, penalties, forfeited recognizances, and deodands estreated as aforesaid (except as herein-after mentioned), which shall not theretofore have been levied, recovered, vacated, or discharged, and so from time to time until the same shall be fully paid or levied, vacated or discharged.

33.

Power to Treasury to stay process, and discharge the fines, &c.

It shall be lawful for the [F13 Lord Chancellor], and . . . . . . F14 [ F15 he is] hereby authorized, by warrant . . . . . . F14 directed to the proper officer or officers, to stay the issuing or execution of all or any process touching any of the matters set, lost, imposed, forfeited, or estreated as aforesaid, and to vacate and discharge such fines, issues, amerciaments, penalties, forfeited recognizances, or deodands, or any of them, or any part thereof; provided that nothing in this clause contained shall extend to enable the [F13 Lord Chancellor] to remit or restore any fine, issue, amerciaments, penalty, forfeited recognizance, or deodand to which any body corporate or politic, person or persons, shall or may be entitled, which shall have been actually levied by or paid to them.

34—47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16