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missioners of his Majesty's woods, forests, and land revenues, or to the surveyor general of his Majesty's works and public buildings, shall be due and payable to and shall be paid to the commissioners to be appointed under this Act; and such commissioners shall have the same benefit of all bonds and securities, and of all other remedies for recovering and obtaining payment of such sums respectively, as the commissioners of his Majesty's woods, forests, and land revenues, or the surveyor general of his Majesty's works and public buildings, might or could have had in case this Act had not been passed; and all debts and sums of money, which, if this Act had not been passed, would from and after the appointment of the commissioners under this Act have been payable by the commissioners of his Majesty's woods, forests, and land revenues, or by the surveyor general of his Majesty's works and public buildings, shall be paid by the commissioners to be appointed under this Act; and the commissioners to be appointed under this Act shall, from and after they shall be appointed commissioners as aforesaid, be bound by every such lease, deed, contract, or agreement as aforesaid, in the same manner as if they had been parties thereto or named therein instead of the commissioners of his Majesty's woods, forests, and land revenues, or the surveyor general of his Majesty's works and public buildings.

X. AND be it further enacted, that the first commissioner of his Majesty's Powers and woods, forests, land revenues, works, and buildings

privileges of first commissioner.

sioners may

act in certain

shall have the powers and privileges, and for all purposes whatsoever shall come in the place and be the successor of the first commissioner of his Majesty's woods, forests, and land revenues, as well in relation to all other matters as in relation to his Majesty's woods, forests, and land revenues; and that where any Two commisthing is, by any Act heretofore passed, required, directed, or permitted to be done by the commissioners of his Majesty's woods, forests, and land revenues, cases. and which if done by two of them would by law be as valid and effectual as if done by all of them, and when any thing is by this Act or shall by any future. Act be required, directed, or permitted to be done by the commissioners of his Majesty's woods, forests, land revenues, works, and buildings, the same may be done by any two of them, unless express provision be made to the contrary, and if done by two of them shall be as valid and effectual as if done by all of them.

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XIII. AND be it further enacted, that from and after the fifth day of January one thousand eight hundred and thirty-three the said remaining office of auditor of the land revenue in England, of which the said William Henry Cooper and Frederick Grey Cooper are grantees as aforesaid, shall cease; [Rep., Stat. Law Rev. Act, 1874.

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Office of auditor of the

land revenue abolished.

of the Treasury to provide an office of records and

land revenue

inrolments;

XV. AND be it further enacted, that it shall be lawful for the lord high Commissioners treasurer, or the commissioners of his Majesty's Treasury for the time being, or any three or more of them, and he or they is and are hereby required, to provide a proper building or buildings, in London or Westminster, for the reception and safe custody of all the books of entry, records, deeds, instruments, writings, maps, plans, and other official papers, which are now deposited or kept in the offices or which are or ought to be in the custody of the said remaining auditors or of any of the said acting auditors of the land revenues of the crown in England or in the principality of Wales, and also for the reception and safe

and appoint a keeper thereof.

Keeper to

hold his office during plea

sure;

and to have a salary.

Expences of office to be paid out of the fees.

Official papers

into the new

custody of such deeds and instruments as shall hereafter be inrolled in pursuance of the directions herein-after contained, and of such other writings, surveys, maps, plans, and other official papers as shall hereafter be deposited as herein-after mentioned; and that the building or buildings so to be provided shall be called "The Office of Land Revenue Records and Inrolments."

XVI. AND be it further enacted, that it shall be lawful for the lord high treasurer, or the commissioners of his Majesty's Treasury for the time being, or any three of them, from time to time to appoint a proper person to be the keeper of the said records and inrolments, and to make rules and regulations (not contrary to the provisions of this Act) for the execution of the duties of the office of keeper of the said records and inrolments.

XVII. AND -be it further enacted, that the keeper of the records and inrolments shall hold his office during the pleasure of the lord high treasurer, or the commissioners for the time being of his Majesty's Treasury, and may be removed from his office by the lord high treasurer, or the commissioners of his Majesty's Treasury for the time being, or any three of them, at pleasure.

XVIII. AND be it further enacted, that it shall be lawful for the lord high treasurer, or the commissioners of his Majesty's Treasury for the time being, or any three or more of them, to assign to the keeper of the records and inrolments such salary or other remuneration as to the lord high treasurer, or to the commissioners of his Majesty's Treasury for the time being, or any three of them, shall seem meet.

XIX. AND be it further enacted, that the expences of providing and maintaining a building or buildings for the said office of records and inrolments, and all the expences of carrying on the business of the said office, including salaries and other remunerations, shall be paid and borne out of the produce of the fees to be taken as herein-after mentioned.

XX. AND be it further enacted, that it shall be lawful for the lord high in custody of treasurer, or the commissioners of his Majesty's Treasury for the time being, or auditors or acting auditors any three or more of them, as soon as conveniently may be, to cause all the books to be removed of entry, records, deeds, instruments, surveys, writings, maps or plans, and other official papers, which are now deposited or kept in the offices or which are or ought to be in the custody of the said remaining auditors or of any of the acting auditors of the land revenues of the crown in England or in the principality of Wales, to be removed to the said office of land revenue records and inrolments.

office.

All deeds directed by

former Acts to be inrolled in the office of any auditor or

XXI. AND be it further enacted, that all deeds or instruments which, in case this Act had not been passed, would or ought, after the said fifth day of January one thousand eight hundred and thirty-three, under the authority of the said Act of the tenth year of the reign of his late Majesty, or any other acting auditor, Act, or in pursuance of any covenant entered into by any person or persons with the King's Majesty, or the commissioners of his Majesty's woods, forests, and land revenues, to have been or might have been inrolled in the office of any auditor or acting auditor performing the duty of auditor of the land revenue of the crown in England or in the principality of Wales, or in the office of the commissioners for auditing the public accounts, shall be inrolled in the said office of land revenue records and inrolments.

or of the commissioners of accounts,

to be inrolled in the new office.

Fees for inrolments,

searches, &c.

XXII. AND be it further enacted, that such fees shall be paid for inrolments made under the authority of this Act, and for searches in the said office of land

sury.

revenue records and inrolments, and for office copies furnished by the same to be paid as directed by office, as the lord high treasurer, or the commissioners for the time being of commissioners his Majesty's Treasury, or any three or more of them, shall from time to time of the Treaappoint, yet so that such fees shall not exceed the amount of the fees which have been used and accustomed to be taken upon the inrolment of the like deeds or instruments, and upon the like searches, and upon the furnishing of the like office copies; and that the fees on the inrolment of any lease, conveyance, deed, or other instrument by which any part or parts of the possessions and land revenues of the crown shall be demised, granted, sold, or given in exchange, shall be paid by the lessees, purchasers, or grantees, and in other cases by the said commissioners of his Majesty's woods, forests, land revenues, works, and buildings; and a minute or docket of every such lease, grant, deed, or other instrument, shall be entered and preserved by the said commissioners of his Majesty's woods, forests, land revenues, works, and buildings, in their office.

Deeds to be order as they are brought in, to be certified

inrolled in

and inrolment

XXIII. AND be it further enacted, that the said keeper of the records and inrolments shall and he is hereby required to inrol or cause to be inrolled every deed and instrument which is hereby directed to be inrolled in the said office of records and inrolments in order of time as the same shall respectively be brought into his office for that purpose, and certify or cause to be certified, thereon. under his hand or the hand of some deputy or assistant for the time being of the said keeper of the records and inrolments, upon the said deeds or instruments respectively, when inrolled, the fact of their having been so inrolled.

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of inrolment

of deeds shall be received in

evidence.

XXVI. AND be it further enacted, that where any deed or certificate, receipt Memorandum or other instrument, which shall appear to have been made, given, or executed under the authority of this Act, or of any Act heretofore passed relating to the possessions and land revenues of the crown, shall have written thereon a memorandum of its having been inrolled in the said office of records and inrolments, and such memorandum shall purport to be signed by the keeper of the records and inrolments, or by any person acting as his deputy or assistant, such memorandum shall, in the absence of evidence to the contrary, be sufficient proof of the deed, certificate, receipt, or other instrument having been duly made, granted, given, or executed by the party or parties by whom the same shall purport to have been signed or executed, and of its having been. duly inrolled as stated by such memorandum, and of the provisions of the Act, under which the same shall appear to have been made, granted, given, or executed, having been duly complied with; and such memorandum shall be receivable in evidence without proof of the handwriting of the signature thereto.

inrolled after

XXVII. AND be it further enacted, that in all cases where the inrolment of Deeds may be any deed or other instrument, or minute or docket, before the keeper of the the proper records and inrolments, or the entry of any deed or other instrument in the period, upon office of the commissioners of his Majesty's woods, forests, land revenues, being shown. good cause works, and buildings, shall be omitted or delayed beyond the period provided for the inrolment and entry thereof respectively, it shall be lawful for the commissioners of his Majesty's woods, forests, land revenues, works, and buildings, for any reasonable cause to them shown for the omission or delay, are hereby authorized and empowered, to permit the making of any

and they

Inrolment under this Act shall

have the same

force as under

10 Geo. 4. c. 50.

Keeper of the

records to

render accounts to commissioners of the Treasury, &c.

such inrolment or entry nunc pro tunc, and the same respectively when made under such authority shall be as valid and effectual as if made within the period limited for that purpose.

XXVIII. AND be it further enacted, that the inrolment of any deed or instrument pursuant to the provisions of this Act shall have the like force and effect as the inrolment thereof pursuant to the provisions of the said Act of the tenth year of the reign of his late Majesty would have had in case this Act had not been passed.

XXIX. AND be it further enacted, that the keeper of the records and inrolments shall from time to time, as often as thereunto required, render and give to the lord high treasurer or to the commissioners of his Majesty's Treasury for the time being an account of all monies which shall from time to time be received for fees in the said office of records and inrolments, and of all disbursements made for payment of the salaries and otherwise on account of the carrying on the business of the said office; and the monies so received, and which shall not be disbursed as aforesaid, shall from time to time be carried to and become part of the revenues arising from the possessions and land revenues of the crown.

Recital of 50 Geo. 3. c. 59.

Part of recited
Act repealed.

Persons in the public service embezzling

CHAPTER IV.

AN ACT for more effectually preventing Embezzlements by Persons employed
in the Public Service of His Majesty.[a]
[13th February 1832.]

WHEREAS by an Act passed in the fiftieth year of the reign of his late

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Majesty King George the Third, intituled "An Act for more effectually preventing the embezzlement of money or securities for money, belonging to "the public, by any collector, receiver, or other person entrusted with the receipt, care, or management thereof," it is enacted, that if any person or persons to whom any money or securities for money shall be issued for public services shall embezzle such money, or in any manner fraudulently apply the same to his own use or benefit, or for any purpose whatever except for public services, every such person so offending, and being thereof duly convicted according to law, in any part of the United Kingdom, shall be adjudged guilty of a misdemeanor, and shall be sentenced to be transported beyond the sea, or to receive such other punishment as may by law be inflicted on persons guilty of misdemeanors, and as the court before which such offenders may be tried and convicted shall adjudge: And whereas it is expedient that further pro. vision should be made with regard to embezzlements by persons employed in the public service of his Majesty: 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 authority of the same, that so much of the said Act as is herein-before recited shall be and the same is hereby repealed, except as to any offences against the same committed before the passing of this Act, which offences shall be dealt with and punished as if this Act had not been passed; and that from and after the passing of this Act, if any person employed in the public service of his

[ Rep., except as to Scotland, 24 & 25 Vict. c. 95. s. 1.7

valuable securities with

which they

are entrusted,

to be deemed

in Scotland of

Majesty, and entrusted by virtue of such employment with the receipt, custody, any money or management, or control, of any chattel, money, or valuable security, shall embezzle the same, or any part thereof, or in any manner fraudulently apply or dispose of the same or any part thereof to his own use or benefit, or for any purpose whatsoever except for the public service, every such offender shall be guilty of deemed to have stolen the same, and shall in England and Ireland be deemed felony, and guilty of felony, and in Scotland of a high crime and offence, and on being a high crime thereof convicted in due form of law shall be liable, at the discretion of the &c. court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned with or without hard labour, as to the court shall seem meet, for any term not exceeding three years.

II. AND be it enacted, that every tally, order, or other security whatsoever entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of the United Kingdom, or of Great Britain, or of Ireland, or of any foreign state, or to any share or interest in any fund of any body corporate, company, or society, or to any deposit in any savings bank, and every debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money or for payment of money, whether of this kingdom or of any foreign state, and every warrant or order for the delivery or transfer of any goods or valuable thing, shall throughout this Act be deemed for every purpose to be included under and denoted by the words valuable security"; and that if any person so employed and entrusted as aforesaid shall embezzle or fraudulently apply or dispose of any such valuable security as aforesaid, he shall be deemed to have stolen the same within the intent and meaning of this Act, and shall be punishable thereby in the same manner as if he had stolen any chattel of like value with the share, interest or deposit to which such security may relate, or with the money due on such security or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing mentioned in such security.

and offence,

What to be
the words
"valuable

included under

securities" in this Act.

acts of emmay be charged in the same

bezzlement

indictment.

Allegation and proof of embezzled.

the property

III. AND be it enacted, that it shall be lawful to charge in the indictment Three different to be preferred against any offender under this Act and to proceed against him for any number of distinct acts of embezzlement or of fraudulent application or disposition as aforesaid, not exceeding three, which may have been committed by him within the space of six calendar months from the first to the last of such acts; and in every such indictment where the offence shall relate to any money or any valuable security, it shall be sufficient to allege the embezzlement or fraudulent application or disposition to be of money, without specifying any particular coin or valuable security; and such allegation, so far as it regards the description of the property, shall be sustained if the offender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved, or if he shall be proved to have embezzled any piece of coin or any valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, and although such part shall have been returned accordingly.

IV. AND be it further enacted, that in every such case of embezzlement or fraudulent application or disposition as aforesaid of any chattel, money, or

Property to be

the King's.

described as

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