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Court of Chancery or Exchequer in Ireland may in any suit order transfers to be made of stock, or issue injunctions to restrain transfers, &c. without making the Bank of Ireland a party, &c. on production of certificate from the Bank that such stock stands in their books.
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[1.] It shall be lawful for his Majesty's courts of Chancery and Exchequer in Ireland, before or upon hearing any cause depending therein respectively, to order the governor and company of the Bank of Ireland to suffer a transfer of any stock standing in their books, whether the same be any government stock or the stock of the said Bank of Ireland, to be made, or to pay any accrued or accruing dividends thereon, belonging to or standing in the name or names of any party to a suit, as such courts may deem just, or to issue an injunction to restrain them from suffering any transfer of such stock, or from paying any dividends or interest accruing or accrued thereon, although such governor and company are not or shall not be parties to the suit in which such decree or order shall be made, such courts being satisfied by the certificate of the accountant of the said corporation duly signed by him, as herein-after is directed, that the stock required to be transferred is standing in their books, in the name of the persons or person required to transfer the same, or of the persons or person to whom they or he are or is the legal representative; and that after due service of a short order upon the said governor and company or their proper officer, which shall contain no recital of the pleadings or other matter than the title of the cause and the ordering part of such decree or order with respect to the said governor and company, like process shall issue to enforce such order or decree as to enforce them against any party to a suit depending in such court.
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Mode of obtaining such certificate.
Fees.
Proviso as to cases in which Bank is interested, &c.
Bank may state special matters by motion or petition.
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2. Upon request in writing, signed by the clerk in court, and the solicitor, if the same shall be in the Court of Chancery, and if the same shall be in the Court of Exchequer, then by the attorney concerned in the cause for the party applying, which shall state the cause and for what parties they are concerned, the governor and company of the Bank of Ireland shall deliver or cause to be delivered to the said clerk in court and solicitor, or one of them, or to such attorney (as the case may be) a certificate signed by their accountant, stating the amount of such stock or dividends, and in whose names or name such stock is standing in their books, and, if it be particularly required (but not otherwise), and if the same shall be practicable, also stating the time when such stock, or any part thereof, was transferred, and by whom; for the signing of which request in writing there shall be paid to such clerk in court a fee of six shillings and eight-pence, and no more, and to such solicitor for the drawing, copying, and delivering at the Bank, and to such attorney altogether a fee of thirteen shillings and four-pence, and no more, and to the officer for making and delivering such certificate a fee of two shillings and sixpence, and no more: Provided nevertheless, that nothing herein contained shall extend to any case where any further discovery is wanted than what is herein-before expressly mentioned nor to any case where the said governor and company claim any interest in or lien upon the said fund; but that in such cases it shall be necessary to make them a party to such suit as if this Act had never been made; and that if any special matter shall arise which, in the opinion of the said governor and company, shall affect their interest, or which might be objected against suffering such transfer of stock or payment of dividends, it shall be lawful for them to state such matter to the court by motion or petition in such suit; and that execution of process to compel such transfer or payment shall be suspended until final order shall be made thereon.
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Extension of provisions herein-before contained to canal companies.
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4. All the several regulations and provisions herein-before enacted shall extend mutatis mutandis to every case where any canal company have or shall have any stock standing in the books of such respective corporations, which may now be or here-after may become the subject of any suit in equity or incidental thereto; saving to the said corporations respectively the like right of being made a party, or applying by motion or petition in such suits, as is before reserved or given to the Bank of Ireland.
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