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Insolvent Debtors

1 & 2 Vict. c. 110. “An Act for abolishing Arrest on Mesne Process in Civil Actions, except in certain Cases; for extending any Remedies of Creditors against the Property of Debtors; and for amending the Laws for the Relief of Insolvent Debtors in England.”

s. 115, “And be it enacted. That the Sum of Three Shillings, and no more, shall be paid to any Printer or Proprietor of any Newspaper for the Insertion of any Advertisement by this Act directed to be inserted in any Newspaper; and all Printers and Proprietors of Newspapers are hereby required to insert the same, on Payment of the said Sum of Three Shillings for, the Insertion thereof, in such Form as the said Court or any Commissioner thereof shall from Time to Time direct.

s. 116. “And be it enacted, That no Letter of Attorney, Affidavit, Certificate, or other Proceeding, Instrument, or Writing whatsoever, before or under any Order of any Commissioner thereof, or before any Justice or Justices of the Peace acting in the Execution of this Act, nor any Copy thereof, nor any Advertisement inserted in any Newspaper by the Direction of the said Court, relating to Matters within the Jurisdiction of the said Court, shall be liable to or chargeable or charged with the Payment of any Stamp or other Duty whatsoever; and that no Sale of any Real or Personal Estate of any such Prisoner as aforesaid for the Benefit -of his or her Creditors, under this Act, shall be liable to any Auction Duty.”

Upon a representation made in the House of Commons, that s. 115. bore hard on the proprietors of newspapers, it was modified by the Act of 2 & 3 Vict. c, 39. intituled, “An Act to amend an Act passed in the last Session of Parliament, for abolishing Arrest on Mesne Process in Civil Actions except in certain Cases, for extending the Remedies of Creditors against the Property of Debtors, and for amending the Laws for the Relief of Insolvent Debtors in England.

s. 1. “Whereas by an Act passed in the last Session of Parliament, intituled, 'An Act for abolishing Arrest on Mesne Process in Civil Actions except in certain Cases, for extending the Remedies of Creditors against the Property of Debtors, and for amending the Laws for the Relief of Insolvent Debtors in England, 'it was amongst other things enacted, that the Sum of Three Shillings and no more shall be paid to any Printer or Proprietor of a Newspaper for the Insertion of any Advertisement by that Act directed to be inserted in any Newspaper, and all Printers and Proprietors of Newspapers were thereby required to insert the same, on Payment of the said Sum of Three Shillings for the Insertion thereof, in such Form as the Court for the Relief of Insolvent Debtors, or any Commissioner thereof, should from Time to Time direct: And whereas it is just and expedient that the said Act should be altered and amended as herein-after mentioned: Be it therefore enacted by the Queen'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 so much of the said Act as is herein-before recited shall be and the same is hereby repealed; and that from and after the passing of this Act, all Printers and Proprietors of Newspapers shall and are hereby required to insert any Advertisement or Advertisements by the said recited Act directed to be inserted in any Newspaper, on Payment of a reasonable Compensation for the Insertion thereof, in such Form as the said Court, or any Commissioner thereof, shall from Time to Time direct.”

Insolvent Debtors, Ireland. 3 & 4 Vict. c. 107. “An Act to continue and amend the Laws for the Relief of Insolvent Debtors in Ireland.

s. 101. “And be it enacted. That all Printers and Proprietors of Newspapers shall and they are hereby required to insert any Advertisement or Advertisements by this Act directed to be inserted in any Newspaper, on Payment of such reasonable Compensation for the Insertion thereof, and in such Form, as the said Court, or any Commissioner thereof, shall from Time to Time direct.

s. 102. “And be it enacted. That no Letter of Attorney, Affidavit, Certificate, or other Proceeding, Instrument, or Writing whatsoever, before or under any Order of the said Court, or before or under any Order of any Commissioner thereof, nor any Copy thereof, nor an Advertisement inserted in any Newspaper by the Direction of the said Court or a Commissioner thereof, or the Chief Clerk of the said Court, relating to Matters within the Jurisdiction of the said Court, shall be liable to or chargeable or charged with the Payment of any Stamp or other Duty whatsoever; and that no Sale of any Real or Personal Estate of any such Prisoner as aforesaid for the Benefit of his or her Creditors, under this Act, shall be liable to any Auction Duty.”

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