Powers, &c., COURTS OF LANCASTER AND DURHAM. 21. And be it enacted, That all the remedies, authorities, and provisions of this act applicable to her Majesty's superior courts of common law at Westminster, and the judgments and proceedings therein, shall extend to and be applicable to the court of Common Pleas of the county palatine of Lancaster and the court of Pleas of the county palatine of Durham, within the limits of the jurisdiction of the same courts respectively; and the judgments of each of the said last-mentioned courts shall, within the limits of the jurisdiction of the same courts respectively, have the same effect in all respects as the judgments of any of her Majesty's said superior courts at Westminster under and by virtue of this act; and all powers and authorities hereby given to the judges or any judge of her Majesty's superior courts at Westminster, with respect to matters depending in the same courts, shall and may be exercised by the judges or any judge of the said court of Common Pleas at Lancaster, or the justices or any justice of the said court of Pleas at Durham, with respect to matters therein depending, and within the jurisdiction of the same courts respectively: Provided always, that no judgment of either of the same last-mentioned courts shall by virtue of this act affect any lands, tenements, or hereditaments, as to purchasers, mortgagees, or creditors, unless and until a memorandum or minute, containing the name and the usual or last known place of abode, and title, trade, or profession of the plaintiff and defendant, the date when such judgment was signed, and the amount of the debt, damages, and costs thereby recovered, shall be left with the prothonotary or deputy prothonotary, or some other officer to be appointed for that purpose by the said courts respectively, who shall forthwith enter the same particulars in a book in alphabetical order by the name of the person whose estate is to be affected thereby, and such officer shall be entitled for every such entry to the sum of two shillings and sixpence; and all persons shall be at liberty to search the same book on payment of the sum of one shilling: And provided also, that no order or other proceeding under this act made by any justice or justices of the said court of Common Pleas of the county palatine of Lancaster or the court of Pleas in the county palatine of Durham shall be valid or effectual except made in open court on one of the court or return days of the same court, or except such justice or justices shall be also a judge or judges of one of the said courts at Westminster: Provided also, that no order directing any person or persons to be held to bail under this act, nor any order for discharging out of custody any person or persons arrested under this act, shall be made by any justice or justices of the court of Pleas in the county palatine of Durham who shall not be a judge or judges of one of the said courts of common law at Westminster. JUDGMENTS OF INFERIOR COURTS. 22. And be it enacted, That in all cases where final judgment shall be obtained in any action or suit in any inferior court of record in which at the time of passing of this act a barrister of not less than seven years standing shall act as judge assessor or assistant in the trial of causes, and also in all cases where any rule or order shall be made by any such inferior court of record as aforesaid, whereby any sum of money or any costs, charges, or expenses shall be payable to any person, it shall be lawful for the judges of any of her Majesty's superior courts of record at Westminster, or if such inferior court be within the county palatine of Lancaster, for the judges of the court of Common Pleas at Lancaster, or for any judge of any of the said courts at chambers, either in term or vacation, upon the application of any person who at the time of the commencement of this act shall have recovered or who shall at any time thereafter recover such judgment, or to whom any money or costs, charges, or expenses shall be payable by such rule or order as aforesaid, or upon the application of any person on his behalf, and upon the production of the record of such judgment, or upon the production of such rule or order, such record, or rule or order, as the case may be, being respectively under the seal of the inferior court, and signature of the proper officer thereof, to order and direct the judgment, or, as the case may be, the rule or order, of such inferior court to be removed into the said superior court or into the court of Common Pleas at Lancaster, as the case may be, and immediately thereupon such judgment, rule, or order shall be of the same. force, charge, and effect as a judgment recovered in or a rule or order made by such superior court, and all proceedings shall and may be immediately had and taken thereupon, or by reason or in consequence thereof as if such judgment so recovered, or rule or order so made, had been originally recovered in or made by the said superior court, or into the court of Common Pleas at Lancaster as the case may be; and all the reasonable costs and charges attendant upon such application and removal shall be recovered in like manner as if the same were part of such judgment or rule or order: Provided always, that no such judgment or rule or order when so removed as aforesaid shall affect any lands, tenements, or hereditaments, as to purchasers, mortgagees, or creditors, any further than the same would have done if the same had remained a judgment, rule, or order of such inferior court, unless and For removal of judgment of inferior courts. Powers now vested in the court for relief of insolvent debtors conti nued for the purposes herein mentioned. Court now established, and commissioners and officers, to be continued. until a writ of execution thereon shall be actually put into the hands of the sheriff or other officer appointed to execute the same. INSOLVENT DEBTORS' COURT CONTINUED FOR PARTICULAR PUR- 23. And whereas it is expedient to continue, for the purposes hereinafter mentioned, the laws now in force for the relief of insolvent debtors in England, and to make further provision for the relief of insolvent debtors; be it therefore further enacted, That from and after the passing of this act the powers vested in the court now established for the relief of insolvent debtors in England shall be and the same are hereby continued and vested in the court to be continued by virtue of this act, as hereinafter provided, in so far as the same relate to or may be exercised in the matters of the petitions of any persons who, before the time appointed for the commencement of this act, shall have petitioned the said court now established for relief, under the provisions of any act or acts for the relief of insolvent debtors in England, or of any persons who have obtained their discharge by virtue of any act for the relief of insolvent debtors in England; and that all things shall and may be done by all persons relating to the matters of all such petitions which such persons might have done if the laws now in force with respect to insolvent debtors in England had been continued by this act. INSOLVENT DEBTORS' COURT CONTINUED. 24. And be it enacted, That the court now established for the relief of insolvent debtors in England shall be continued, and that the present chief and other commissioners of the said court shall continue to be the chief and other commissioners of the court so hereby continued, and to preside therein; and that it shall be lawful for her Majesty, from time to time, upon any vacancy in any of the said offices of chief or other commissioner, by death or otherwise, to appoint other fit persons, being barristers at law of ten years standing at the least, to be such chief or other commissioners, and to preside in the said court accordingly; and that the present chief clerk, provisional assignee, and other officers of the said court, shall continue to be the chief clerk, provisional assignee, and other officers of the court so hereby continued; and that it shall be lawful for the said court, from time to time, upon any vacancy in any of the said offices, by death, or otherwise, to appoint other fit persons to be such chief clerk, provisional assignee, and other officers; and that the court so hereby continued as aforesaid shall at all times have power to appoint such officers as the Lord Chancellor, and the Lords Chief Justices of the courts of Queen's Bench, and Common Pleas, and the Lord Chief Baron of the Exchequer, shall judge to be necessary, and in such manner as they shall direct. 25. And be it enacted, That the commissions of the said chief com- Commissioners to hold their missioner and other commissioners of the said court, hereby continued offices during in their offices or hereafter to be appointed as aforesaid, shall be con- good behaviour; tinued and remain in full force during their good behaviour, notwithstanding the demise of her Majesty (whom God long preserve) or of any of her heirs or successors. REMOVAL OF COMMISSIONERS. 26. Provided always, and be it enacted, That it may be lawful for her Majesty, her heirs and successors, to remove any such chief or other commissioner of the said court upon the address of both houses of Parliament. but may be removed upon address. NATURE AND POWERS OF COURT. 27. And be it enacted, That the said court for the relief of insolvent debtors in England shall be a court of record for the purposes of this act; and shall cause to be sealed with the seal of the said court all such records, proceedings, documents, and copies of the same as are hereinafter expressly required to be so sealed, and such other records, proceedings, documents, and copies of the same as the said court shall at any time direct; and that the said court, or any commissioner thereof, acting under the powers of this act, may adjourn any sitting of the said court or commissioner, as may be requisite, and may administer oaths, and examine all parties and witnesses upon oath, for the purposes of this act, and shall have such, like, and the same powers of compelling the attendance of witnesses, both before the said court and before any commissioner thereof, acting as aforesaid, and before an officer of the court or examiner, as hereinafter mentioned, and before such justices as are hereinafter mentioned, and of requiring and compelling the production of books and writings, as are now possessed by any of the superior courts at Westminster, and to order any prisoner whose estate shall, by an order to be made under this act as hereinafter mentioned have been vested in the provisional assignee of the said court, or any prisoner who shall be a necessary and material witness in any matter pending in the said court to be brought before the said court or commissioner, or officer or examiner, or justices, as often as shall be requisite; and that the said court, or any commissioner thereof acting as aforesaid, shall have the power of committing all persons guilty of any contempt of the said Court to be a court of record. Seal of the court. Powers of court and com missioners. court to the prison of the Queen's Bench, or to the common gaol of any county in which such person shall be or shall usually reside; and that the said court shall have the power of fining in a summary way, or removing, any of the officers of the said court who shall be guilty of any negligence, wilful or unnecessary delay, or other misconduct whatsoever: Provided always, that the said court, or any commissioner thereof, shall not have the power of awarding costs against any person or persons whomsoever, except in such cases only where such costs are hereinafter expressly mentioned and permitted to be awarded by this act; and that nothing herein contained shall extend to the compelling the attendance of any witness, unless the party on whose behalf such witness shall be required to attend shall have previously tendered to such witness such allowance for expenses for his attendance as in the judgment of the said court, or of a commissioner thereof, shall appear to be reasonable. Court to sit and elsewhere, One commissioner may hear matters out of court upon sum mons. PLACE OF SITTING. 28. And be it enacted, That all proceedings and matters to be heard by the said court for the relief of insolvent debtors shall be heard and determined by the said court at the court house of the said court in Portugal Street, Lincoln's Inn Fields, unless the said court shall at any time see cause to appoint its sittings in any other place, and shall appoint the same accordingly, which it is hereby empowered to do; and that it shall be lawful for any one commissioner to hear and determine out of court, upon summons to the proper parties, all matters and things relating to any person whose estate shall, by an order to be made under this act as hereinafter mentioned, have been vested in the provisional assignee of the said court, or to his estate or effects, or the assignee or assignees thereof, except the hearing, rehearing, or any examination of any such person; and the order made in any such behalf by such commissioner shall be of as full force and effect, to all intents and purposes, as if the same had been made by the said court, unless the same shall, upon application to the said court at the next following sitting thereof, be by the said court rescinded or altered. Court to sit twice a week. Power to regulate sittings otherwise during certain periods. TIME OF SITTING. 29. And be it enacted, That the said court for the relief of insolvent debtors shall sit for the despatch of business twice at least in every week throughout the year, and one or more of the said commissioners shall attend for that purpose: Provided nevertheless, that from and after the expiration of six weeks from the last day of Trinity Term until the first day of November in every year the said court shall |