No. III. 3 & 4 W. 4, c. 99. Accounts of estreats to be 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 extraordinary 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. XXXI. That his Majesty's remembrancer do and shall, on or before the first seal day next after every term, make out an account in writing transmitted to of all fines, issues, amerciaments, penalties, forfeited recognizances and treasury and to deodands, estreated during the preceding vacation and term, and also commissioners 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 commissioners of his Majesty's treasury, and another copy thereof to the said commissioners for auditing the public accounts. of audit. Process to be XXXII. That his Majesty's said remembrancer shall, on the first seal issued every day next after every term, and also at any other time or times when reterm, or oftener, quired by the court of exchequer, or by the fiat or order of any baron to levy estreats. thereof, make out and issue, or cause to be made out and issued, ac Power to treasury to stay process, and discharge the fines, &c. Power to persons entitled to any fines, &c. to inspect accounts. The treasury &c. cording to the practice of the court of exchequer, and without fee or reward, process for duly 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. XXXIII. That it shall be lawful for the lord high treasurer or the commissioners of his Majesty's treasury, and he or they are hereby authorized, by warrant under his or their hands 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 said lord high treasurer or the commissioners of his Majesty's treasury 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. XXXIV. That all bodies corporate and politic, and all and every other person or persons, having or claiming title to any fines, issues, amerciaments, penalties, forfeited recognizances, deodands, sum or sums of money contained in any account transmitted by virtue of this act to the commissioners for auditing public accounts, shall and may, by themselves, or their, his, or her bailiff, steward, or agent, at all seasonable times, have access to the said accounts, and take minutes or extracts therefrom. XXXV. That it shall be lawful for the lord high treasurer, or any may order pay- three or more of the commissioners of his Majesty's treasury, from time ment of fines, to time to order and direct payment, by warrant under his or their hand of the said fines, issues, amerciaments, penalties, forfeited recognizances, deodands, sum and sums or money, or any of them, to any body corporate, or politic, person or persons, entitled to the same, or to their, his, or her bailiffs, steward, or agent: Provided always, that notwithstanding such payment any body politic or corporate, person or persons, aggrieved thereby, shall and may apply by petition in the manner herein-after mentioned against the party or parties to whom such payment shall have been made, to restore or refund the sum or sums by him or them so received. If treasury reject claims, the XXXVI. Provided always, That in case the commissioners of his Majesty's treasury shall neglect, refuse, or decline to order the payment No. III. of any fines, issues, amerciaments, penalties, forfeited recognizances, 3 & 4 W. 4, deodands, sum or sums of money so claimed as aforesaid, or if any party c. 99. shall be aggrieved by any order made by the said commissioners, it shall be lawful for any such body or bodies corporate or politic, person or party may appersons, to apply, in a summary way, by petition to the lord chief baron peal to the and the other barons of his Majesty's court of exchequer, setting forth court of exchethe nature of the claim or title of the petitioners or petitioner; and there- quer. upon the said barons of his Majesty's court of exchequer shall and they are hereby authorized to proceed to call the proper parties before them, and to hear and determine the matter of the said petition, and to give such costs and to make such order and orders therein as they shall deem just. XXXVII. Provided also, That nothing herein contained shall extend Act not to preor be prejudicial to the rights, privileges, and remedies of any bodies po- judice rights litic or corporate, or of any lord of any manor, liberty, or franchise what- of corporate soever, or of any person or persons, claiming title under or by virtue of bodies, &c. any grant from the crown, any thing herein contained to the contrary notwithstanding. XXXVIII. Provided always, That nothing herein contained shall ex- This act not to tend to prejudice or affect the power, jurisdiction, or authority of the affect juristiclord chief baron and the other barons of his Majesty's court of exche- tion of court of quer as to the said fines, issues, amerciaments, penalties, forfeited re- exchequer. cognizances, and estreats, or any process or proceedings thereon. XXXIX. Provided always, That nothing herein contained shall extend Act not to or be prejudicial to the rights, liberties, or privileges of the king's most affect rights of excellent Majesty, his heirs and successors, in right of his duchy or county palacounty palatine of Lancaster or duchy of Cornwall, or the duke of Corn- tines or of city wall when there shall be a duke of Cornwall or to the rights, liberties, of London. or privileges, of the prince bishop of Durham and the county palatinate of Durham, or to the rights, customs, liberties, privileges, charter or charters of the city of London, but that the same rights and privileges shall be enjoyed and used as fully to all intents and purposes as before the passing of this act. saved. XL. Provided also, That nothing herein contained shall extend to or Rights of the prejudice the rights, liberties, and privileges of the city and county of city of Chester the city of Chester, but that the sheriff's thereof shall and may account and obtain their quietus in like manner as hath heretofore been accustomed. lished. XLI. And whereas many of the duties and much of the business of Lord treasurer's the lord treasurer's remembrancer and clerk of the pipe, and the offices remembrancer connected therewith, in his Majesty's court of exchequer, have been and other transferred to other offices, or have ceased, or on the passing of this act offices in exwill cease; and other duties have become obsolete; and it is expedient chequer abothat the said offices and other offices connected therewith should be abolished, and the duties thereof remaining hereafter to be performed be transferred to and performed by his Majesty's remembrancer of the said court; be it therefore enacted, That from and after the tenth day of October next the several offices in his Majesty's court of exchequer hereafter mentioned; namely, of lord treasurer's remembrancer, together with the filacer, secondaries, deputy remembrancer, and sworn and other clerks and bagbearer belonging thereto; of clerk of the pipe, deputy clerk of the pipe, controller and deputy controller of the pipe, secondaries, attornies, or sworn and other clerks and bagbearer in the said office of the pipe; of clerk of the estreats; of surveyor of the green wax; of the foreign apposer and deputy foreign apposer, and of clerk of the nichills, shall wholly cease and determine. XLII. And whereas it may be reasonable and fit that compensation Compensation should be made to the persons now holding the offices herein-before to officers. mentioned and hereby abolished, and to the other officers of the said court whose lawful fees and emoluments shall be taken away or diminished by this act, for the loss thereof; be it therefore enacted, That it No. III. 3 & 4 W. 4, c. 99. Power to treasury to refer to the commis 1 & 2 W. 4, c. 35. shall be lawful for the lord high treasurer or commissioners of his Majesty's treasury for the time being, or any three or more of them, by warrant under their hands, to order and direct that such annual or other compensation shall be made to the persons now holding the offices hereby abolished, and to the other officers of the said court of exchequer whose lawful fees and emoluments are diminished by this act, for any loss thereof which they will respectively sustain by reason of the provisions of this act, as to the said commissioners of the treasury in their discretion shall seem just and reasonable; and all such compensations, whether annual or in gross, shall be issued and paid and payable out of and charged and chargeable upon the consolidated fund of the united kingdom of Great Britain and Ireland: Provided always, That an account of all such compensations shall within fourteen days next after the same shall be so granted be laid upon the table of the House of Commons, if parliament shall be then assembled, or if parliament shall not be then assembled, then within fourteen days after the meeting of parliament then next following. XLIII. That for the better enabling the commissioners of his Majesty's treasury to form a correct judgment of the nature and amount of the compensations which it may be reasonable and proper to make to the sioners for com- said officers whose fees may be taken away or diminished as aforesaid, pensation. for the loss thereof, it shall and may be lawful for the commissioners of his Majesty's treasury, if they shall see fit, from time to time to refer all or any claims for such compensation to the examination and consideration of the commissioners appointed or to be appointed under and by 1 W. 4, c. 58. virtue of an act passed in the first year of his present Majesty's reign, intituled An Act for regulating the Receipt and future Appropriation of Fees and Emoluments receivable by Officers of the Superior Courts of Common Law, and also by virtue of an act passed in the first and second years of the reign of his present Majesty, intituled An Act to explain and amend an Act for regulating the Receipt and future Appropriation of Fees and Emoluments receivable by Officers of the Superior Courts of Common Law; and such last-mentioned commissioners, in all such cases so referred to them, are hereby authorized and required to inquire and certify, in the manner directed by the said last-mentioned acts, the gross and net annual value of the lawful fees and emoluments of every such officer or person whose claim to compensation shall be referred to them as aforesaid, so that the account of such fees and emoluments be taken in respect of or for ten years, or such other time as the case may require, next preceding the first day of January one thousand eight hundred and thirty-three, instead of preceding the twenty-fourth day of May one thousand eight hundred and thirty. Claimants to be XLIV. That the officers and persons claiming compensation under liable to provi- and by virtue of this act shall, for the purpose of such inquiry and cersions of 1 W. 4, tificate as aforesaid, be subject and liable to all such enactments, rules, penalties, matters, and things as or to which the persons claiming com. pensation under and by virtue of the said two last recited acts are thereby made subject and liable. c. 58, and Records, &c. to be transferred to the King's remembrancer, subject to order. Process and XLV. That the several records, books, and other public documents of and concerning the duties and business of the said offices so abolished as aforesaid shall upon or immediately after the said tenth day of October be delivered by the several officers or persons having custody of the same into the hands and care of the king's remembrancer of the said court of exchequer, to be by him preserved and kept; subject nevertheless to such rules, orders, and regulations as the lord chief baron and the other barons of the court of exchequer, and the lord high treasurer, or any three of the commissioners of his Majesty's treasury, shall or may from time to time ordain or make touching the same. XLVI. That from and after the said tenth day of October all process future proceed- and other proceedings, charges, discharges, estreats, matters, and things ings by King's usually issued, done, had, received, filed, recorded, or taken by the offiremembrancer. cers whose offices are hereby abolished, or any of them, which shall No. III. c. 99. from thenceforth be by law required or needful to be issued, done, had, received, filed, recorded, or taken, shall and may be issued, done, had, 3 & 4 W. 4, received, filed, recorded and taken by his Majesty's remembrancer of the said court of exchequer, or by the officers in his office by and under his direction, according to the course and practice thereof, as fully and effectually to all intents, constructions, and purposes as the same might or could have been issued, done, had, or taken by the said officers whose offices are hereby abolished before the passing of this act; subject nevertheless to all such rules, orders, and regulations as shall or may be made from time to time for regulating or discontinuing the same by the lord chief baron and the other barons of his Majesty's court of exchequer, and which they are hereby authorized to make and ordain accordingly: Provided always, That the accounts of his Majesty's revenue of excise shall be enrolled once only by or in the said office of his Majesty's remembrancer. XLVII. That searches may be made, and copies or extracts of and Searches may from the said records, books, and documents shall and may be had and be made and taken, at such times and in such manner and upon payment of such copies taken, fees as the lord chief baron and the other barons of the said court of which shall be exchequer, together with the lord high treasurer or the commissioners as available as heretofore. of his Majesty's treasury, shall or may direct; and all such copies or extracts signed and authenticated by his Majesty's remembrancer, or such other person or persons as shall or may be appointed by him for that purpose, shall be as available in evidence, and as valid and effectual, to all intents and purposes, as the same would by law have been if the same had been signed, authenticated, and given before the passing of this act by the officers whose offices are hereby abolished, or any of them. Whereas his Majesty was this day pleased, by and with the advice of his privy council, to nominate and appoint you for and to be sheriff' of the county of during his Majesty's pleasure: These are therefore to require you to take the custody and charge of the said county, and duly to perform the duties of sheriff thereof during his Majesty's pleasure; and whereof you are duly to answer according to law. Dated this day of By his Majesty's command, C. D. Serviceable process for the commence ment of personal actions. Mode of appearance to PART IV. CLASS XV. WALES, COUNTIES PALATINE, AND LIBERTIES. [For the 1 W. 4, c. 70, abolishing the jurisdiction of the courts of great session, both at law and in equity, in Wales, and also of the court of great session and court of exchequer of the county palatine of Chester, see ante, Part IV., Class I., p. 388. For the clauses of the above act relating to the admission of the attorneys belonging to the courts so abolished in the courts of Westminster, see ante, Part IV., Class II., p. 419.] [No. I.] 4 & 5 W. IV. c. 62.-An Act for improving the Practice and Proceedings in the Court of Common Pleas of the County Palatine of Lancaster. [13th August 1834.] WHEREAS various alterations and improvements have recently been made, by the authority of parliament and otherwise, in the practice and proceedings in the superior courts of common law at Westminster; and it is expedient that certain alterations and improvements should be effected in the practice and proceedings of the court of common pleas at Lancaster: Be it therefore enacted, &c., That the process in all personal actions hereafter to be commenced in the court of common pleas at Lancaster, where it is not intended to hold the defendant to special bail, shall, whether the action be brought by or against any person entitled to the privilege of peerage or of parliament, or of the said court, or of any other court, or to any other privilege, or by or against any other person, be according to the form contained in the schedule to this act annexed marked number 1, and shall be called a writ of summons; and in every such writ, and copy thereof, the place and residence or supposed residence of the party defendant, or wherein the defendant shall be or shall be supposed to be, shall be mentioned; and such writ shall be issued by the prothonotary of the said court, or his deputy, and shall be served in the manner heretofore used in the county palatine of Lancaster, and not elsewhere, and the person serving the same shall and is hereby required to indorse on the writ the day of the month and week of the service thereof. II. That the mode of appearance to every such writ or under the authority of this act shall be by delivering to the said prothonotary or serviceable pro- his deputy a memorandum in writing, dated on the day of delivery thereof, according to the form contained in the said schedule and marked number 2. cess. Appearance may be enforced by a writ of distringas, in case a defendant can not be served with the writ of summons. III. That in case it shall be made appear by affidavit to the satisfaction of the said court or one of the judges thereof that any defendant has not been personally served with any such writ of summons as herein-before mentioned, and has not, according to the exigency thereof, appeared to the action, and cannot be compelled so to do without some more efficacious process, then and in any such case it shall be lawful for such court or judge, by rule or order, to order a writ of distringas to be issued, directed to the sheriff of the said county of Lancaster (or to any other officer to be named in such rule or order), to compel the appearance of such defendant, which writ of distringas shall be in the form and with the notice subscribed thereto mentioned in the schedule to this act marked number 3, which writ of distringas and notice, or a copy thereof, shall be served on such defendant, if he can be met with, or if not, shall be left at the place where such distringas shall be executed; and a true copy of every such writ and notice shall be delivered together |