to her Majesty, with the advice aforesaid, from time to time shall seem fit; and this act shall extend to those counties concerning which any such order shall have been made, and not otherwise or elsewhere: Provided always, that no court shall be established under this act in the city of London.

2. That it shall be lawful for her Majesty, with the advice aforesaid, to divide the whole or part of any such county, including all counties of cities and counties of towns, cities, boroughs, towns, ports, and places, liberties and franchises therein contained, or thereunto adjoining, into districts, and to order that the county court shall be holden for the recovery of debts and demands under this act in each of such districts, and from time to time to alter such districts as to her Majesty, with the advice aforesaid, shall seem fit, and to order from time to time that the number of districts in and for which the court shall be holden shall be increased, until the whole of such county shall be within the provisions of this act, and, with the advice aforesaid, to alter the place of holding any such court, or to order that the holding of any such court be discontinued, or to consolidate any two or more of such districts, and from time to time, with the advice aforesaid, to declare by what name and in what towns and places the county court shall be holden in each district; and, if it shall appear to her Majesty that any part of any county, liberty, city, borough, or district may conveniently be declared within the jurisdiction of the county court of an adjoining county, it shall be lawful for her Majesty, with the advice aforesaid, to order that such part shall be taken to be within the jurisdiction of the county court holden for the purposes of this act for such adjoining county in and for such district as her Majesty shall order, in like manner as if it were part of such adjoining county.

3. That every court to be holden under this act shall have all the jurisdiction and powers of the county court for the recovery of debts and demands, as altered by this act, throughout the whole district for which it is holden, and there shall be a judge for each district to be created under this act, and the county court may be holden simultaneously in all or any of such districts; and every court holden under this act shall be

the same respectively relate to or affect the jurisdiction and practice of the court so established or ordered to be holden as a county court, or give jurisdiction to any court, or to any commissioner of the Court of Bankruptcy, with respect to judgments or orders obtained in the court so established or ordered to be holden as a county court, shall be repealed.

7. Provided always, that all proceedings in execution of the said acts, or any of them, commenced before the passing of this act, or before the days severally appointed for the alteration of the constitution of the said courts, shall be as valid, to all intents and purposes, as if this act had not been passed, or as if the said courts had not been altered, and may be continued, executed, and enforced against all persons liable thereto, in the same manner as if they had been commenced under the authority of this act.

8. That any order in council made for the purposes of this act shall be published in the London Gazette; and notice of the intention of her Majesty to take into consideration. the propriety of making any such order shall be published in the London Gazette one calendar month at least before any such order shall be made.

9. That the Lord Chancellor shall appoint as many fit persons as are needed to be judges of the county court under this act, each of whom shall be a barrister at law who shall be of seven years' standing, or who shall have practised as a barrister and special pleader for at least seven years, or a barrister or attorney at law, who, under the provisions of any of the acts sions of either of the said acts of the eighth year and of the cited in the said Schedules (A.) and (B), or under the provininth year of the reign of her Majesty, shall have been nominated or appointed to preside in or hold any court constituted or held under any of the acts cited in either of the said Schedules (A.) and (B.), whether by the title of judge or barrister, or county clerk, assessor, or steward, or deputy steward, or by any other title or style whatsoever, or a person filling the office of judge of the county court, or county clerk, in the same county, at the time of the passing of this act: Provided always, that every attorney at law who shall be appointed a judge of the county court under this act, and who shall be the partner of any other attorney at law, shall, within twelve calendar months next after entering on the said office of judge of the county court, dissolve such partnership, or vacate the said office of judge, and shall not, during his continuance as such judge, enter into any new partnership; and that no attorney at law who shall be appointed a judge of any county court under this act shall be, either by himself or his partner, employed or act as town clerk, or clerk of the peace of any county, city, or borough, or as clerk to any bench of justices, or as directors of the poor, or of any vestry or local or parochial clerk or secretary to any board of guardians or governors or board of trustees or commissioners, or of any public company or corporation whatsoever, or directly or indirectly concerned as attorney or agent for any party in any court regulated by this act, or, after the expiration of the said term of twelve calendar months, in any other court of law or equity.

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.

5. That it shall be lawful for her Majesty, with the advice of her Privy Council, to order that any court holden for the recovery of small debts or demands within the provisions of any act cited in either of the Schedules annexed to this act. and marked (A.) and (B.) respectively, shall be holden as a county court; and it shall be lawful for her Majesty, with the advice aforesaid, to assign a district to every such court, either greater or less than the district in which the court holden under the provisions of any such act now has jurisdiction, and to alter the place of holding any such court, or to order that any such court be abolished; and every such court shall continue to be holden under the act, according to which it is now constituted or regulated, until the time mentioned in any such order which shall be made with reference to such court; 12. The present county clerk of Middlesex, appointed under and, from and after the time mentioned in any such order, the 23 Geo. 2, c. 33, to be the first judge under this act, and may act or acts under which such court is now constituted, so far continue to appoint a deputy, subject to approval of the Seas the same relate to the establishment or jurisdiction or prac-cretary of State. Present registrar to be the first clerk. tice of a court for the recovery of small debts or demands, shall be repealed, but not so as to revive any act thereby repealed; and such court so ordered to be holden as a county court shall thenceforth be holden as a county court under this act, and in all respects as if it had been originally constituted under the provisions of this act.

6. That, as soon as a court shall have been established in any district under this act, and also at the time mentioned in any such order which shall have been made as aforesaid for holding any of the courts mentioned in either of the said schedules as a county court under this act, the several provisions and enactments of the said acts of Parliament of the eighth and of the ninth year of the reign of her Majesty, and of every other act of Parliament heretofore passed, so far as

13. Provisions for certain lords of manors having rights of appointment under the acts hereby repealed.

14. That it shall be lawful for the lord of any hundred, or of any honor, manor, or liberty, having any court in right thereof in which debts or demands may be recovered, to surrender to her Majesty the right of holding such court (for any such purpose, with the consent of any steward or other officer, if any, having a freehold office in such court), or upon the next vacancy in any such freehold office; and from and after such surrender such court shall be discontinued, and the right of holding such court shall cease, and all proceedings commenced in such court may thereafter be continued, and shall be enforced and executed, as if they had been commenced under the authority of this act in a county court holden for the dis

as aforesaid in cases requiring the same, shall issue all summonses, warrants, precepts, and writs of execution, and register all orders and judgments of the said court, and keep an account of all proceedings of the court, and shall take charge of and keep an account of all court fees and fines payable or paid into court, and of all monies paid into and out of court, and shall enter an account of all such fees, fines, and monies in a book belonging to the court, to be kept by him for that purpose, and shall from time to time, at such times as shall be directed by order of the court, submit his accounts to be audited or settled by the treasurer.

28. That it shall not be lawful for the clerk of any court holden under this act, or the partner of any such clerk, or any person in the service or employment of such clerk or his partner, to act as treasurer or high bailiff of the court; or for the treasurer, his partner or clerk, or any person in the service or employment of such treasurer or his partner, to act as clerk or high bailiff; or for the high bailiff, his partner or clerk, or any person in the service or employment of such high bailiff or his partner, to act as clerk or treasurer of the court.

29. That no clerk, treasurer, high bailiff, or other officer of the court shall, either by himself or his partner, be directly or indirectly engaged as attorney or agent for any party in any proceeding in the said court.

30. That every person who, being the clerk of any such court, or the partner of such clerk, or a person in the service or employment of any such clerk or of his partner, shall accept the office of treasurer or high bailiff of such court, or who, being the treasurer of any such court, or the partner of any such treasurer, or a person in the service or employment of any such treasurer or of his partner, shall accept the office of clerk or high bailiff in the execution of this act, or who, being the high bailiff of such court, or the partner of any such high bailiff, or a person in the service or employment of any such high bailiff or of his partner, shall accept the office of clerk or treasurer in the execution of this act, and also every clerk, treasurer, bigh bailiff, or other officer of any such court who shall be, by himself or his partner, or in any way, directly or indirectly, concerned as attorney or agent for any party in any proceeding in the said court, shall, for every such offence, forfeit and pay the sum of 50%. to any person who shall sue for the same in any of her Majesty's superior courts of record, by action of debt or on the case.

31. That for every such court there shall be one or more high bailiffs, whom the judge shall be empowered, by order of court, to appoint, and, in case of inability or misbehaviour, to remove by a like order; and every such high bailiff shall be empowered, subject to the restrictions hereinafter contained, by any writing under his hand, to appoint a sufficient number of able and fit persons, not exceeding such number as shall be from time to time allowed by the judge, to be bailiffs, to assist the said high bailiff, and at his pleasure to dismiss all or any of them, and appoint others in their stead; and every bailiff so appointed may also be suspended or dismissed by the judge.

32. Provided always, that, until Parliament shall other wise direct, the high bailiff of Westminster shall have the execution of all process issuing out of any of the said courts the jurisdiction of which shall include the city and liberty of Westminster, or any part thereof, and shall be deemed the high bailiff of such courts; and the high bailiff of Southwark shall have the execution of all process issuing out of any of the said courts the jurisdiction of which shall include the borough of Southwark, or any part thereof, and shall be deemed the high bailiff of such last-mentioned courts, and no other high bailiff shall be appointed for such courts.

33. That the said high bailiffs, or one of them, shall attend every sitting of the court for such time as shall be required by the judge, unless when their absence shall be allowed for reasonable cause by the judge, and shall, by themselves or by the bailiffs appointed to assist them as aforesaid, serve all the summonses and orders, and execute all the warrants, precepts, and writs issued out of the court; and the said high bailiffs and bailiffs shall, in the execution of their duties, conform to all such general rules as shall be from time to time made for regulating the proceedings of the court, as hereinafter provided, and, subject thereunto, to the order and direction of the judge; and the said high bailiffs shall be entitled to receive all fees and sums of money allowed by this act in the name of fees payable to the bailiff, out of which they shall provide for the execution

of the duties for which such fees are allowed, and for the payment of the bailiffs and officers appointed to assist them, according to such scale of remuneration as shall be from time to time approved by the judge; and every such high bailiff shall be responsible for all the acts and defaults of himself and of the bailiffs appointed to assist him, in like manner as the sheriff of any county in England is responsible for the acts and defaults of himself and his officers.

34. Provided always, that the persons holding the offices or performing the duties of clerks and high bailiffs in any court holden under any act cited in either of the said Schedules (A.) and (B.), on the 1st June in this year, and who shall continue respectively to hold the same offices or to perform the same duties at the time when such act shall be repealed under the provisions of this act, whether or not qualified as hereinbefore provided, shall be entitled, if not disqualified under this act, to be the first clerks and high bailiffs of the same court, when holden as a county court under this act, and shall continue to execute their several offices, subject to the power of removal provided in this act, except that the clerks and high bailiffs already appointed to any court named in the said Schedule (A.) shall be removable only for such cause as would have warranted their removal under the acts according to which their court is now holden; and where, under the provisions of any of the said acts, more than one clerk was, on the said 1st June, and shall be, when such act shall be repealed, under the provisions of this act, acting in and for any of the said courts, or in and for any district or division of any court, the same persons shall jointly execute the office of clerk of the same courts as aforesaid, under such regulations as to the division of the duties and emoluments of the said office as shall be from time to time made by order of court, in case of difference between them: Provided always, that, if the clerk of any court cited in the said Schedule (A.) shall, within one calendar month next after the repeal of the act under which it is now holden, decline to accept the office of clerk to the same court as holden under this act, it shall be lawful to the commissioners of her Majesty's Treasury, if they shall think fit, to take into consideration the special circumstances of each case, and to award such compensation to be paid to such clerk as, under the circumstances, they shall think reasonable, in the manner herein provided in the case of persons whose emoluments will be diminished or taken away by this act.

35. And whereas the jurisdiction of the court of conscience in the city of Bristol, under the provisions of an act passed in the first year of the reign of her Majesty, and cited in the Schedule (A.) to this act annexed, extends to the recovery of debts and demands not exceeding 40s.; and the jurisdiction of the court of requests in the said city, under the provisions of an act passed in the fifty-sixth year of the reign of King George the Third, and also cited in the said Schedule (A.), extends to the recovery of debts and demands above 40s., and not exceeding 157., be it enacted, that, in case the persons now holding the offices of registrar and clerk, and deputy registrar of the said court of conscience, shall continue to hold the same offices respectively when a court shall be established in the said city of Bristol under the provisions of this act, they shall be entitled to hold the office and execute the duties of clerks of any such court in all causes and matters relating to debts, claims, and demands not exceeding 40s., under such regulations as to the division of the duties and emoluments of the said office as shall be from time to time made by order of court, in case of difference between them; and in case the person now holding the office of clerk of the said court of requests shall continue to hold the same office at the time when such court shall be established, he shall be entitled to hold the office and execute the duties of clerk of any such court in all causes and matters relating to debts, claims, and demands exceeding 40s.. and the said persons severally shall be removable only for such cause as would have warranted their removal under the several acts according to which the said courts are now holden.

36. That the treasurer, clerk, and high bailiff of every court holden under this act who may receive any monies in the execution of his duty shall give security, for such sum and in such manner and form as the commissioners of her Majesty's Treasury from time to time shall order, for the due performance of their several offices, and for the due accounting for and payment of all monies received by them under this act, (or. which they may become liable to pay for any misbehaviour in their office).

or otherwise, as shall be directed by the commissioners of her shall be applied to the same purposes to which the general fund Majesty's Treasury. is applicable.

43. That the treasurer of every court holden under this act shall, once in every year, and oftener, if required, on such day as the commissioners of her Majesty's Treasury from time to time shall appoint, render to the commissioners for auditing the public accounts of Great Britain a true account, in writing, of all monies received and of all monies disbursed by him on account of every court holden under this act, of which he is treasurer, during the period comprised in such account, in such form, and with such particulars of receipt and disbursement, or otherwise, as the said commissioners of audit shall from time to time require.

44. That the commissioners of her Majesty's Treasury shall

from time to time make such rules as to them shall seem meet

for securing the balances and other sums of money in the hands of any officers of every court holden under this act, and for the due accounting for and application of all such balances and other sums of money.

45. That the accounts to be kept by the several treasurers on account of the said courts shall be examined and audited by the commissioners for auditing the public accounts of Great Britain, under the powers vested in them under an act of the 25 Geo. 3, [c. 52], intituled "An Act for the better examining and auditing the Public Accounts of this Kingdom," and under any act now in force, or otherwise howsoever, except so far as the same are varied by this act.

54. That it shall be lawful for the treasurer of the county court, with the approval of the commissioners of her Majesty's Treasury, and upon the certificate of the expediency thereof under the hand of the judge, to sell and dispose of all messuages, lands, and tenements which may be vested in him under the provisions of this act which shall not be needed for the purposes of this act, or which the treasurers shall think ought to be sold, for the purpose of better enabling him to discharge any just debts on account of any court of which the constitution shall be altered under this act, or to provide other and more convenient buildings for holding a county court; and the proceeds of all such sales, and also all monies and securities for money which shall be paid, transferred, or delivered to him on discharging such debts; and in every case in which, at the time account of any such court as aforesaid, shall be applied towards of the alteration of the constitution of the court, there shall be any just debts owing on account of any such court, or any salaries or annuities legally or equitably chargeable upon or payable out of the fees of such court, or out of any fund to which such fees are payable, over and above what may be discharged by the monies and effects so paid, transferred, or delivered to the treasurer on account of such court, and over and above the proceeds of the sale of any such messuages, lands, and tenements, in case the same or any part thereof shall be sold, such debts, salaries, and annuities shall be treated as if they were debts, which had been incurred for the purpose of providing a courthouse for holding the county court for the district in which

46. Clerk to send to commissioners of audit an account the place is included where such court was holden, and shall be 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 pro

vide court-houses, offices, &c.

50. That the provisions of the Land Clauses Consolidation Act, 1845, shall apply to the purchase of lands by the treasurer of any such court for the purposes of this act, except so much thereof as relates to the purchase and taking lands other wise than by agreement; and in construing the said act the treasurer, acting with the approval of one of her Majesty's principal secretaries of state, shall be deemed the promoter of the undertaking for which such lands are required.

51. Treasurer empowered to borrow money for the purposes

of this act.

53. That, as soon as the court shall have been established in any district under this act, all messuages, lands, and tenements, and all real estates and effects, vested in or belonging to the commissioners, clerks, treasurers, trustees, or other officers of any of the courts mentioned in the said Schedules (A.) and (B.), which were holden in trust for the purposes of such court, shall vest in or belong to the treasurer of the county court for the time being, and his successors in the said office, in trust for the purposes of this act, for the like estate and interest, and subject to all the covenants, conditions, and agreements on which the same were respectively holden; and the said commissioners, clerks, treasurers, trustees, and other officers, their heirs, executors, and administrators, shall be freed and discharged from all such covenants, conditions, and agreements, and from the consequences of their being unable to fulfil any covenants or ageements into which any of them may have lawfully entered in execution of the provisions of any of the said acts, on or before the repeal of such act, with respect to their estate and interest in such messuages, lands, tenements, real and personal estates and effects, in consequence of the vesting thereof in the said treasurer; and all monies and securities for money, and other property and effects of any kind whatsoever, in the hands of the commissioners, clerks, treasurers, trustees, or other officers of any such court, shall be paid, transferred, and delivered to the said treasurer, or to such person as he shall appoint to receive the same, and shall be applied in discharging all claims and demands to which the same were liable in the hands of such commissioners, clerks, treasurers, trustees, or other officers, and the residue thereof

liquidated out of the general fund hereinbefore mentioned, if
the same shall be sufficient for that purpose, and any deficiency
Kingdom of Great Britain and Ireland.
therein shall be paid out of the consolidated fund of the United

55. That the clerk of every court shall have the care of the court-house and offices of the court, and shall appoint and have power to dismiss the necessary servants for taking charge of such court-house and offices, at such salaries as shall be from time to time authorised by the judge, with the consent of the commissioners of her Majesty's Treasury; and the clerk of the court, under the direction of the said commissioners, and subject to such regulations as they may require to be enforced, shall make all necessary contracts or otherwise provide for repairing and furnishing, and for cleaning, lighting, and warming the said court-house and offices, and for supplying the said court and offices with law and office books and stationery, and for defraying all other necessary expenses not otherwise provided for incident to the holding of the said court; and the charge of the court-house and offices, and expenses thereby incurred, shall be paid out of the general fund of the court: Provided always, that the treasurer or clerk of any court, or the partner of any such treasurer or clerk, or any person in the service or employment of any such treasurer or clerk, shall not be directly or indirectly concerned or interested in any such contract, or in supplying any articles for the use of the said courts and offices: Provided also, that no payment for any such charge shall be allowed in the clerk's accounts until allowed under the hand of the judge.

56. That the judge of each district shall attend and hold the county court at each place where her Majesty shall have ordered that the county court shall be holden within his district at such times as he shall appoint for that purpose, so that a court shall be holden in every such place once at least in every calendar month, or such other interval as one of her Majesty's principal secretaries of state shall in each case order; and notice of the days on which the court will be holden shall be put up in some conspicuous place in the court-house and in the office of the clerk of the court, and no other notice thereof

shall be needed; and whenever any day so appointed for holding the court shall be altered, notice of such intended alteration, and of the time when it will take effect, shall be put up in some conspicuous place in the court-house and in the clerk's office.

57. That for every court holden under this act there shall be made a seal of the court, and all summonses and other process issuing out of the said court shall be sealed or stamped with the seal of the court; and every person who shall forge the seal or any process of the court, or who shall serve or en. force any such forged process, knowing the same to be forged,