« AnteriorContinuar »
Wednesday, Sept. 23.
Just published, price 18. 6d, Orders have been made, vesting in the Provisional Assignee THE PRACTICE of the COURTS under the 9 & 10 Viet.. the Estates and Effects of the following Persons:
1 c. 95, for the RECOVERY of SMALL DEBTS in ENGLAND.
with Notes, Comments, and Decisions on analogous Statutes. By JOHN (on their own Petitions).
JAGOE, Esq., Barrister at Law. Edward Heath, Marston-street, Somers'-town, Middlesex,
Stevens & Norton, 26 and 39, Bell-yard, Lincoln's-inn. pipe maker: in the Debtors Prison for London and Middle
THE NEW SMALL DEBTS ACT. sex.-Stephen Fry, Collier-street, Pentonville, Middlesex,
Just published, in 12mo., price 4s. boards, furniture commission agent : in the Debtors Prison for London THE SMALL DEBTS ACT of 9 & 10 Vict., with a comand Middlesex.--Algernon Sydney Sparke, Beaufort-build.
plete Analysis, and copious Index.' By WILLIAM PATERSON,
sq., Barrister at Law. This forms No. 6 of the Law Times' Edition of ings, Strand, Middlesex, out of business: in the Debtors Pri
important Statutes. son for London and Middlesex.- Isaac Paiba, Bethnal-green
Law Times' Office, 29, Essex-street. road, Bethnal-green, Middlesex, leather seller : in the Queen's
MEDICAL, LEGAL, and GENERAL MUTUAL LIFE Prison.- Edw. Bartholomew, Southampton-mews, Russell. N ASSURANCE SOCIETY. The only Office founded on princisquare, Middlesex, out of business : in the Debtors Prison for ples of Mutual Assurance in connexion with the Medical and Legal London and Middlesex.-G. Cheetham, Manchester, journey
R. W. MORRIS, Actuary.
Offices, 126, Strand. man wheelwright: in the Gaol of Lancaster.-William Rigg, I Rawden, near Leeds, Yorkshire, cloth manufacturer : in the DEEDS for EXECUTION ABROAD.-Messrs. J. ER Gaol of York.—John Meakin, Deansgate, Manchester, out of
M'CRACKEN, Foreign Agents, 7, Old Jewry, beg to inform the
Legal Profession that they undertake to forward Deeds for Execution by business : in the Gaol of Lancaster.-Wm. Rowland, Maltby, Parties Abroad, through their Correspondents on the Continent, for the near Stockton, Yorkshire, labourer : in the Gaol of York. Costs of Transmission and a simple Commission. Shem Griffith, Tanyffordd, Llysfaen, Carnarvonshire, quarry
List of Correspondents, and for further information, apply as above.
Messrs. J. & Ř. M'CRACKEN are also Agents to the ROYAL ACAman : in the Gaol of Carnarvon.- William Parton, Bewdley,
DEMY, and devote their attention to the Receipt of Works of Art, BarWorcestershire, bricklayer : in the Gaol of Worcester.
gage, &c. sent home by Travellers on the Continent for passing through
the Custom-house. They also undertake to ship Goods to all part of TO THE PROFESSION.--Accounts and Balance-sheets the World. 1 made up or investigated for the Master's Offices, the Bankruptcy
I AW FIRE INSURANCE SOCIETY. Court, in cases of Arbitration or Awards, in Executor and Trusteeships, and all matters of Account settled arising out of Proceedings at Law or
I (Completely Registered under the Act 7 & 8 Vict., cap. 110).
Ofces, Nos. 5 and 6, Chancery lane. Equity, or connected with Commercial and other affairs. Books kept or made up periodically, as may be agreed, and Partnership Accounts ad
Subscribed Capital, £5,000,000. justed as between Partners. The Accounts of Public Bodies and Re
THE RIGHT HON. THE EARL OF DEVON. ceivers audited and arranged. Rents and other Monies collected. Mr. Hentsch, Law and General Accountant, 17, New Boswell-court,
THE RIGHT HON. LORD COTTENHAM.
THE RIGHT HON. THE VICE-CHANCELLOR OF ENGLAND. Lincoln's-inn.
THE RIGHT HON, THE LORD CHIEF BARON. SOLICITORS' AND GENERAL LIFE ASSURANCE
THE RIGHT HON. SIR HERBERT "JENNER FUST.
WILLIAM WINGFIELD, ESQ.
RICHARD RICHARDS, ESQ., M.P.
(The denotes a Director of the Law Life, and the + a Director of the DIRECTORS.
Legal and General Life Insurance Society).
Bethell, Richard, Esq., Q.C. Lyon, James Wittit, Esq.
+Bigg, Edward S., Esq.
Rose, the Hon. Sir George. FONBLANQUE, JOHN s. M., Esq., St. John's-wood.
Boodle, John, Esq.
Simpkinson, Sir F., Q.C. JONES, WILLIAM, Esq., Crosby-square.
•Brown, Anthony, Esq.
•Smedley, Francis, Esq. MAYNARD, JONAS ALLEYNE, Esq., Temple.
Budd, Thomas Wm., Esq.
Tatham, Meaburn, Esq. MORRIS, JOHN MICHAEL, Esq., Moorgate-street.
+Chichester, J. H.R., Esq.
Tilson, Thomas, Esq.
•Chisholme, William, Esq.
*Twiss, Horace, Esq.,Q.C. MURRAY, WILLIAM, Esq., London-street.
•Clarke, Thomas, Esq.
Tyssen, John R. D., Esq. SYMONS, JELINGER COOKSON, Esq., Temple.
Cox, John, Esq.
• Vizard, William, Esq. TORR, JOHN SMALE, Esq., Chancery-lane.
Jortin Lee, Esq.
White, Edward, Esq.
Kinderley, G. H., Esq.
Wilde, Edward A., Esq.
Lee, John Benjamin, Esq., + Wing, Thomas, Esq.
Bailey, Charles, Esq.
1 Broderip, Francis, Esq. Church, John Thomas, Esq., Bedford-row.
Bockett, Daniel S., Esg.
| Scadding, Edwin W., Esq., Hand, Robert William, Esq., Stafford.
Edward Blake Beal, Esq. A
ARCHITECTS AND SURVEYORS.
Thomas Bellamy, Esq., and George Pownall, Esq.
Messrs. Edward and Charles Harrison.
Messrs. Coutts & Company.
tribute towards Losses. Messrs. John and William Galsworthy, Ely-place.
Agricultural produce and farming stock (live and dead), and implePROSPECTUS.
ments and utensils of husbandry, may be insured on one farm, the This Society transacts all the usual business of Life Assurance.
sum, without the average clause, at 3s. per cent. per annum free of duty It is based upon a principle which will combine the benefits of Mutual . In order to meet covenants requiring contin Assurance with the guarantee of a Subscribed Capital of ONE MILLION standing destruction of Buildings by Fire, the Society will grant Issues STERLING
ances on Rent, the amount being specified in the Policy Whilst perfect Security is thus given, the number and character of Losses occasioned by Fire from Lightning will be made good. the Shareholders (consisting of nearly 500 Members of the Legal Pro Insurances may be made for more years than one by a single payment fession) will command a large amount of business, and consequent ad and in such cases a liberal Discount will be allowed on both Premune yantages will arise to the Assured.
and Duty: for instance, Insurances effected for seven years will be Tables of Premiums have been prepared expressly for this Office, by charged the Premium and Duty for six years only. F. G. P. NEISON, Esq., F.L.S., calculated on the nearest approximation Insurances may be made for a less term than one year at a reduced to the real law of mortality.
Premium, and the proportionate part only of the Annual Duty. These Tables will be found to afford peculiar encouragement to the Insurances granted 'for a year or any longer term may be renevel Assurance of Young Lives. They embrace participating and non-parti- within fifteen days after the expiration thereof. cipating Scales.
Persons insured with this Society, and who may suffer loss, will te In the participating Class, the Assured will be entitled to have four-ceive their Indemnity without deduction or discount. fifths of the Profits divided amongst them periodically, either by way of No charge will be made for the Policy where the sum insured amount Addition to the Amount assured, or in Diminution of Premium, as the to 3001. Parties may elect. No deduction will be made from such Profits for Attendance given at the Office of the Society daily from Nineta Interest of Capital, or for a Guarantee Fund.
Four, where parties may obtain any further information respecting the The Premiums may be paid half-yearly or annually, or by a single Terms on which Insurances may be effected. Payment.
E. BLAKE BEAL, Secretary Assurances may be effected through any respectable Solicitor, or by writing to the Secretary
Printed by WALTER M'DOWALL, PRINTER, residing at No. 4, The Directors meet on Thursdays at 2 o'clock; but Assurances may Pemberton Row, Gough Square, in the Parish of St. Bride, in the CRM be effected on any day, by applying, between the hours of 10 and 4, at I of London, at his Printing Office, situate No. 5, Pemberton Rov abon the Offices of the Society, where Prospectuses and all other requisite in- said; and Published at No. 3, CHANCERY LANE, in the Parish olor formation may be obtained.
Dunstan in the West, in the City of London, by HENRY SWESI, LA
CHARLES JOHN GILL, I BOOKSELLER and PUBLISHER, residing at No. 11. John Street, Bedford 57, Chancery-lane.
| Row, in the County of Middlesex. Saturday, September 26, 1846.
David Lewin PHYSICIAN.Sq., Taunton.
and Dame Premium and Dar a less term than Annual Duty.
OCTOBER 3, 1846.
No. 508—Vol. X...
PRICE 18. ** The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and
decided in the several Courts of Law and Equity :-House of Lords
SA. Gordon, Esq. of the Inner Vice-Chancellor Wigram's SF. Fisher, Esq. of Lincoln's " Temple, Barrister at Law. Court ..............1 Inn, Barrister at Law. STenison EDWARDS, Esq. of the l' Court of Queen's Bench
JD Privy Council .........
S G.J.P.Smith, Esq. of the Inner
"2 Temple, Barrister at Law. | Inner Temple, Barristerat Law.
Queen's Bench Bail Court
SA. V. KIRWAN, Esq. of Gray's
Inn, Barrister at Law.
including l Inn; and
Appeals under Registra- | W. PATERSON, Esq. of Gray's
tion of Voters Act.... J Inn, Barristers at Law. Tenison Edwards, Esq. of the Vice-Chancellor of Eng
W.M. Best, Esq. of Gray's Inn,
Court of Exchequer ....
Barrister at Law. land's Court ........
CHARLES MARETT, Esg. of the Ecclesiastical and Admi. J. P. Deane, D.Č.L. of Doctors
sters at Law. || ralty Courts ........1 Commons.
sw.w. Cooper, Esq. of the Inner Bruce's Court........l Temple, Barrister at Law.
*** Temple, Barrister at Law
LONDON, OCTOBER 3, 1846.
| into the former, and enters into a contract there. Ac
cording to the rule above stated, he would be bound by In our last Number but one, we made some observa- it, though a citizen of the same age would not. Reverse tions upon the subject of international law, and alluded the case, and suppose the contract to be made in the to the doctrines which have prevailed among foreign latter country by a man born in the former: can he jurists relative to the fundamental rule, by which the plead his minority in the country of his birth against force and obligation to be given by one state to the laws the contract being enforced? By the same rule, he of others are to be determined. We proceed to-day to may. And, upon general principles, it seems clear, redeem our promise, of prosecuting the subject further, that, if the law of the place of domicil is to prevail in and to give an example of the difficulty of applying one, it ought to prevail in both cases. When, howthose doctrines to particular cases. The case we have ever, we come to inquire what is the practice of naselected is the not uncommon one of a conflict of the tions, we find that a different rule has been adopted. laws of different countries as to the period of minority. They have held the contracts to be binding in both We have already adverted to the division made by fo- | cases; in the one following the law of the domicil, in reign jurists of laws into personal and real. All laws the other disregarding it. Upon what principle has which have for their principal object the regulation of this been done? Certainly not upon that of the per the capacity, state, and condition of persons, have been sonality or reality of laws. We must refer it to the treated by them generally as personal laws, and, for the axiom laid down by Huberus, mentioned in our formost part, held to be of absolute obligation everywhere, mer Number. In the words of Mr. Justice Story*, when they have once attached upon the person by the “ Each nation may well adopt for itself such modificalaw of his domicil. Now, it is agreed that the laws tions of the general doctrine as it deems most conveniwhich regulate majority and minority are personal ent and most in harmony with its own institutions and laws; and, therefore, according to this doctrine, “a interests and policy. It may suffer the same rule, as to person who has attained the age of majority by the law the capacity, state, and condition of foreigners, to preof his native domicil, is to be deemed everywhere the vail within its own territory, as does prevail in the ime-of age; and, on the other hand, a person who is place of their own native or acquired domicil; and it
his minority by the law of his native domicil, is to may at the same time refuse to allow any other rule be deemed everywhere in the same state and condi- than its own law to prevail within its own territory, in tion." This is the doctrine ordinarily laid down by fo- respect to the capacity stated, and condition of its own reign jurists, and if, in the distinction between personal subjects, wherever they mo y reside, at home or abroad. and real laws, they had discovered the true foundation It may adopt a more limited doctrine, and recognise the of international law, the practice of nations ought to be law of the domicil, both as to foreigners and as to its in accordance with it. Suppose, therefore, that there own subjects, in respect to transactions and property in are two countries, in one of which the age of majority that domicil, whether native or acquired; and, at the car is fixed at twenty-five, and in the other at twenty-one, same time, exclude any operation, except of its own law, and that a man born in the latter country, and having lived there until he is twenty-two years of age, comes
* Conflict of Laws, $ 73. Vol. X.
as to the transactions and property, either of foreigners pears to be recognised as the jus gentium in relation to or of its own subjects within its own territory. It contracts generally, and contracts of marriage especially, may adopt the more general ddctrine, and allow the we can perceive no traces of the paramount moral duty rule of the actual domicil, as to capacity, state, and con- which, as we have remarked, some writers appear in. dition, to prevail under every variety of change of do- clined to contend for. No allusion is made to it by the micil; or, on the other hand, it may adhere to the learned and able men by whose decisions the doctrine stricter doctrine, that the domicil of birth shall.ex- has been illustrated and supported, but they have clusively furnish the rule to govern in all such matters. rested it upon the axiom of Huberus, as more fully But whatever rules it may adopt, or whatever it may stated by Mr. Justice Story in the passage we have repudiate, will be alike the dictate of its own policy and quoted. sense of justice; and whatever it may allow or withhold will always be measured by its own opinion of the
PUBLIC GENERAL STATUTES. public convenience and benefit, or of the public preju
9 & 10 VICTORIÆ.—SESSION 6. dice and injury resulting therefrom.” Acting upon
(Continued from p. 365). this, the laws of England and America refuse to allow a foreigner, who enters into a contract there when of
CAP. XCIII. an age at which, according to them, minority has
An Act for compensating the Families of Persons killed by ceased, to avoid it, by alleging that he was a minor and
[26th August, 1846.]" incompetent to contract according to the law of his Sect. 1. An Action to be maintainable against any Person own country. Their policy and sense of justice have
causing Death through Neglect, &c., notwithstand. led them to adopt the maxim, that every man is bound
ing the Death of the Person injured. to know the laws of a country in which he enters into
2. Action to be for the Benefit of certain Relations, and
shall be brought by and in the Name of Executor a contract, and to presume that he has contracted with
or Administrator of the Deceased. reference to those laws. Whether, in this, they are
3. Only one Action shall lie, and to be commenced right or wrong, no court has power to decide. There
within twelve Months. seems, however, good reason for thinking it to be right,
4. Plaintiff to deliver a full Particular of the Persor
for whom such Damages shall be claimed. as we shall see when we come to examine the laws as to
5. Construction of Act. marriage, so far as they are connected with the law as 6. Act to take effect after passing, and not to apply to to majority and minority. Suppose the contract we
Scotland. have been speaking of to be a contract of marriage, is
7. Act may be amended, &c.: it binding or not? How far is the marriage valid? It
Whereas no action at law is now maintainable against a pere
son who, by his wrongful act, neglect, or default, may have is well known, that, by our law,' a foreign marriage, caused
caused the death of another person, and it is oftentimes right valid according to the law of the place where celebrated, and expedient that the wrongdoer in such case should be an. is good everywhere else. The contract is to be tried by swerable in damages for the injury so caused by him: Be it the law of the place where it is made. If, by that, the
therefore enacted, &c., that whensoever the death of a person
shall be caused by wrongful act, neglect, or default, and the parties are competent to contract, the marriage is valid, act, neglect, or default is such as would (if death had not enthough, by the law of their domicil, they are incompe- sued) have entitled the party injured to maintain an action and tent. This is said to be by the consent of all nations, to recover damages in respect thereof, then and in every such case
the person who would bave been liable if death had not ensued prevent the mischief and confusion which would arise
shall be liable to an action for damages, notwithstanding the from a contrary doctrine. It has, on various occasions, death of the person injured, and although the death shall have been formally promulgated by our courts, especially by been caused under such circumstances as amount in law to Lord Stowell in the well-known case of Dalrymple v.
felony. Dalrymple, (2 Hagg. Consist. Rep. 54), and the doctrine
2. That every such action shall be for the benefit of the wife,
| husband, parent, and child of the person whose death shall recognised by our law as the rule of the jus gentium,
have been so caused, and shall be brought by and in the name in regard to contracts generally, and especially in regard of the executor or administrator of the person deceased ; and to the contracts of marriage, is very different from that in every such action the jury may give such damages as they of foreign jurists; that laws which have for their prin- may think proportioned to the injury resulting from such death cipal object the regulation of the capacity, state, and action shall be brought ; and the amount so recovered, after
to the parties respectively for whom and for whose benefit such condition of persons are of absolute obligation every- deducting the costs not recovered from the defendant, shall be where, when they have once attached upon the person divided amongst the before-mentioned parties, in such shares by the law of his domicil. The principal instances of
| as the jury by their verdict shall find and direct. this have been contracts of marriage; but there have
3. Provided always, and be it enacted, That not more than
one action shall lie for and in respect of the same subject-mat, been cases in which, as to other contracts made by ter of complaint; and that every such action shall be con. minors, a similar rule has prevailed. The American menced within twelve calendar months after the death of such courts have adopted the same doctrine in relation to
deceased person. contracts generally, and especially marriage contracts,
4. That in every such action the plaintiff on the record shall as appears from the cases cited by Mr. Justice Story
| be required, together with the declaration, to deliver to the de
fendant or his attorney a full particular of the person or persons in his valuable work. We have now not merely given for whom and on whose behalf such action shall be brought, an example of the difficulty of applying the doctrines of and of the nature of the claim in respect of which damages foreign jurists in the particular case of laws as to mi- shall be sought to be recovered. novity, but have shewn them to be inapplicable in that! 5. That the following words and expressions are intended to case. But, on the other hand, we may observe, that,
| have the meanings hereby assigned to them respectively, so far
as such meanings are not excluded by the context or by the in the doctrine which, by the laws of England and nature of the subject-matter ; that is to say, words denoting America at least, if not by those of other countries, ap- the singular number are to be understood to apply also to a
plurality of persons or things; and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender; and the word “person" shall apply to bodies politic and corporate ; and the word "parent" shall include father and mother, and grandfather and grandmother, and stepfather and stepmother; and the word "child” shall include son and daughter, and grandson and granddaughter, and stepson and stepdaughter.
6. That this act shall come into operation from and immediately after the passing thereof, and that nothing therein contained shall apply to that part of the United Kingdom called Scotland.
7. That this act may be amended or repealed by any act to be passed in this session of Parliament.
CAP. XCIV. An Act to enable the Legislatures of certain British Possessions to reduce or repeal certain Duties of Customs.
[26th August, 1846.]
CAP. xcv. An Act for the more easy Recovery of Small Debts and Demands in England.
[28th August, 1946.] Sect. 1. Her Majesty may order this Act to be put in execu
2. Counties to be divided into Districts.
diction as County Courts, and to be Courts of
Record. 4. Preserving the Jurisdiction of County Courts. 5. Her Majesty may order any Court under Acts in
Schedules (A.) and (B.) to be held as a County
Court, and may assign a District to the same. 6. When a Court shall be established under this Act,
recited Acts, and all other Acts affecting its Juris
diction, repealed. 7. Proceedings under former Acts to be valid. 8. Orders in Council to be published in the London
Gazette. 9. Appointment and Qualification of Judges. Proviso
as to Attornies acting as Judges under Acts cited
in Schedules (A.) and (B.). 10. Judges at present acting in the Courts of Bath,
Bristol, Liverpool, and Manchester entitled to the
first Appointment under this Act for those Places. 11. Stewards of the Manors of Sheffield and Ecclesall
appointed under 48 Geo. 3, c. 103, to be the first
Judges under this Act for those Districts. 12. The present County Clerk of Middlesex, appointed
under 23 Geo. 2, c. 33, to be the first Judge under this Act, and may continue to appoint a Deputy, subject to Approval of Secretary of State. Pre
sent Registrar to be the first Clerk. 13. Provisions for certain Lords of Manors having
Rights of Appointment under the Acts hereby re
pealed. 14. Lords of Manors, &c. may surrender Courts, with
Consent of Persons interested. 15. Appointments of Judges who have previously offi.
ciated in any County Court, not subject to 5 & 6
Vict. c. 122. 16. For supplying Vacancies among the Judges of the
County Court. 17. Judges not to practise as Barristers in their Dis
tricts, except in certain Cases. 18. Judges of the County Court removable for In.
ability, &c. 19. Districts of Judges may be changed. 20. As to the Appointment of a Deputy to a Judge. 21. Judges may act as Justices if in the Commission of
the Peace. 22. Judges, &c. appointed under this Act authorised to
perform certain Duties relating to Matters de
pending in the Court of Chancery. 23. Treasury to appoint Treasurers of Courts holden
under this Act. 24. Appointment of Clerks vested in Judges, subject to
Approval of Lord Chancellor.
25. In populous Districts, Lord Chancellor may direct
two Clerks to be appointed. 26. In case of Illness, fc. of Clerk, a Deputy may be
appointed. 27. Duties of Clerks. 28. Offices of Clerk, Treasurer, and Bailiff not to be
conjoined. 29. Officers not to act as Attornies in the Court. 30. Penalty of 501. on Non-observance of the two pre
vious Enactments. 31. Appointment of Bailiffs. 32. Provision for the High Bailiffs of Westminster and
Southwark. 33. Duties of the High Bailiffs, &c. 34. Provision respecting Clerks and High Bailiffs of
Courts under Act, cited in Schedules (A.) and
(B.). 35. Provision respecting the Officers of the two Courts
at Bristol. 36. Treasurers, Clerks, and High Bailiffs to give Se
curity. 37. Fees to be taken according to Schedule (D.), and
Tables to be exhibited in conspicuous Places. Fees
may be reduced. Appropriation of surplus Fees. 38. Compensation for Persons whose Rights or Emolu
ments will be diminished. 39. Officers of Courts may be paid by Salaries instead
of Fees. If Court abolished, no Compensation al
lowed, except in certain Cases. 40. Limiting Amount of Salaries to be paid under this
Act. 41. Fees and Fines to be accounted for to Treasurer. 42. Clerk's Accounts to be audited and settled by Trea
surers. 43. Treasurer of the Court to render Accounts to Audit
Board. 44. Commissioners of Treasury to direct how Balances
shall be applied. 45. Accounts of Treasurers to be audited under Powers
of 25 Geo. 3, c. 52. 46. Clerk to send to Commissioners of Audit an Account
of all Sums paid by him to Treasurer. 47. Accounts when audited to be sent to Treasury. 48. Treasurers, with Approval of Secretary of State, to
provide Court-houses, Offices, &c. 49. Where common Gaols are inconvenient, Prisons be
longing to Courts under Acts cited in Schedules
(A.) and (B.) may be used. 50. Power for purchasing Land. 51. Treasurer empowered to borrow Money for the Pur.
poses of this Act. 52. A general Fund to be raised for paying off Money
borrowed. 53. Property of Courts in Schedules (A.) and (B.) to
vest in the Treasurer of the County Court. 54. Provisions for outstanding Liabilities. 55. Clerks to have the Charge of the Court-houses, 8c.,
and to appoint and dismiss Sertants, &c. 56. Judge to hold the Court where her Majesty shall
direct. Notices for holding Courts to be put up
in a conspicuous Place. 57. Process of the Court to be under Seal. 58. Jurisdiction of the Court. . 59. Suits to be by Plaint. 60. Summons may issue, though Cause of Action may
not arise in the District, 61. Processes out of District of Court may be served by
Bailiff of any other Court. 62. Proof of Service of Process out of the District, or in
the Absence of the Bailiff. 63. Demands not to be divided for the Purpose of bring
ing two or more Suits. 64. Minors may sue for Wages. 65. Cases of Partnership and Intestacy. 66. Executors may sue and be sued. 67. No Privilege allowed. 68. One of several Persons liable may be sued. 69. Judge alone to determine all Questions, unless a
Jury be summoned. 70. Actions may be tried by a Jury when Parties re
71. Party requiring Jury to make a Deposit.
may, on Proof of Service of Summons, issue a 72. Who shall be Jurors.
Warrant to enforce the same. 73. Number of the Jury.
123. The Manner in which such Summons shall be 74. Proceedings on hearing the Plaint.
served. 75. No Evidence to be given that is not in Summons. 124. Judges, Clerks, Bailiffs, or other Officers not liable 76. Notices to be given to the Clerk of special Defences,
to Actions on account of Proceedings taken. who shall communicate the same to the Plaintiff. 125. Where Landlord has a larful Title, he shall not be 77. Suits may be settled by Arbitration.
deemed a Trespasser by reason of Irregularity. 78. Forms of Procedure in Courts to be framed by the 126. How Execution of Warrant of Possession may be Judges.
stayed. 79. Proceedings if Plaintiff does not appear or prove 127. Proceedings on the Bond for staying Warrant of his Case.
Possession, &c. 80. Proceedings if the Defendant does not appear.
128. Concurrent Jurisdiction with Superior Courts. 81. Judge may grant Time.
129. As to Actions brought for Small Debts in Superior 82. Defendant may pay Money into Court. Notice of
Courts. such Payment to be given to Plaintiff.
130. Penalties and Costs to be recovered before a Justice, 83. Parties and others may be examined.
and levied by Distress. 84. Persons giving false Evidence guilty of Perjury. 131. In default of Security, Offender may be detained till 85. Summonses to Witnesses.
Return of Warrant of Distress. 86. Penalty on Witnesses neglecting Summons.
132. In default of Distress, Offender may be committed. 87. Fines, how to be enforced and accounted for.
133. Penalties not otherwise applied, to be paid into the 88. Costs to abide the Event of the Action.
General Fund. 89. Judgments, how far final.
134. Justices may proceed by Summons in the Recovery 90. No Actions to be removed into Superior Courts but
of Penalties. on certain Conditions.
135. Form of Conviction. 91. Who may appear for any Party in the Superior 136. Proceedings not invalid for want of Form. Courts.
137. Distress not unlawful for want of Form. 92. Court may make Orders for Payment by Instal 138. Limitation of Actions for Proceedings in Execution ments.
of this Act. 93. Cross Judgments.
139. Provision for the Protection of Officers of the 94. Court may award Execution against Goods.
Court. 95. Execution not to issue till after Default in Pay 140. Act not to affect Rights of Universities of Oxford or ment of some Instalment, and then'it may issue for
Cambridge. the whole Sum due.
141. Nothing to affect the Courts of the Wardens of the 96. What Goods may be taken in Execution.
Stannaries. 97. Securities seized to be held by High Bailiff.
142. Interpretation of Act. 98. Parties having obtained an unsatisfied Judgment may 143. Act may be amended, &c. obtain a Summons on Charge of Fraud.
Schedules. 99. Commitment for Frauds, fc. 100. Power of Judge to rescind or alter Orders.
Whereas sundry acts of Parliament have been passed from 101. Power to examine and commit at Hearing of the time to time for the more easy and speedy recovery of small Cause.
debts within certain towns, parishes, and places in England: 102. Mode of issuing and executing Warrants of Com- and whereas, by an act passed in the eighth year of the reign mitment.
of her Majesty, (7 & 8 Vict. c. 96), intituled “ An Act to 103. Imprisonment not to operate as a Satisfaction for amend the Laws of Insolvency, Bankruptcy, and Execution," the Debt, &c.
arrest upon final process in actions of debt not exceeding 2012 104. How Execution may be had out of the Jurisdiction was abolished, except as to certain cases of fraud and other of the Court.
misconduct of the debtors therein mentioned: and whereas, by 105. Power to Judge to suspend Execution in certain an act passed in the ninth year of the reign of her said Ma. Cases.
jesty, (8 & 9 Vict. c. 127), intituled “ An Act for the better se 106. Regulating the Sale of Goods taken in Execution. | curing the Payment of Small Debts,” further remedies were 107. As to the Liability of Goods taken in Execution given to judgment creditors, in respect of debts not exceeding
under 8 Anne, c. 17. Landlords may claim cer 201., for the discovery of the property of debtors, and punishtain Rents in arrear. Bailiffs making Levies may ment of frauds committed by them: and whereas, by the lastdistrain for Rent and Costs. In case of Re-mentioned act, her Majesty is enabled, with the advice of her plevins.
Privy Council, to extend the jurisdiction of certain courts of 108. No Execution shall be stayed by Writ of Error. requests and other courts for the recovery of small debts to all 109. Execution to be superseded on Payment of Debt and debts and demands, and all damages arising out of any express Costs.
or implied agreement, not exceeding 201., and also to enlarge 110. Debtor to be discharged from Custody upon Pay. and, in certain cases, to contract the district of such courts, ment of Debt and Costs.
and make certain other alterations in the practice of such 111. Minutes of Proceedings to be kept.
courts, in manner in the now reciting act mentioned ; and it is 112. Suitors' Money unclaimed in six years to go to Ge. expedient that the provisions of such acts should be amended, neral Fund.
and that one rule and manner of proceeding for the recorers of 113. Power of Committal for Contempt.
small debts and demands should prevail throughout England: 114. Penalty for assaulting Bailiffs, or rescuing Goods and whereas the county court is a court of ancient jurisdiction, taken in Execution.
having cognizance of all pleas of personal actions to any 115. Bailiffs made answerable for Escapes, and Neglect amount, by virtue of a writ of justicies issued in that behale to levy Execution.
and whereas the proceedings in the county court are dilatort 116. Remedies against, and Penalties on, Bailiffs and and expensive, and it is expedient to alter and regulate the other Officers for Misconduct.
manner of proceeding in the said courts for the recorery of 117. Penalty on Officers taking Fees besides those al. small debts and demands, and that the courts established under lowed.
the recited acts of Parliament, or such of them as ought to be 118. Claims as to Goods taken in Execution to be adju- continued, should be holden after the passing of this act a dicated in Court.
branches of the county court, under the provisions of this act; 119. Actions of Replevin may be brought without Writ. and that power should be given to her Majesty to effect these 120. Plaints where to be entered.
changes at such times and in such manner as may be deemed 121. How Actions of Replevin may be removed.
expedient by her Majesty, with the advice of her Privy Council : 122. Possession of small Tenements may be recovered by be it enacted, &c., that it shall be lawful for her Majesty, wita
Plaint in County Court. If Tenant, &c. neglect the advice of her Privy Council, from time to time to order to appear, or refuse to give Possession, judge that this act shall be put in force in such county or counties as