« AnteriorContinuar »
or deliver or cause to be delivered to any person any paper 64. That it shall be lawful for any person under the age of falsely purporting to be a copy of any summons or other pro- twenty-one years to prosecute any suit in any court holden cess of the said court, knowing the same to be false, or who under this act for any sum of money not greater than 2012 shall act or profess to act under any false colour or pretence of which may be due to him for wages or piecework, or for work the process of the said court, shall be guilty of felony.
as a servant, in the same manner as if he were of full age. ..58. That all, pleas of personal actions, where the debt or 65. That the jurisdiction of the county court under this act damage claimed is not more than 201., whether on balance of shall extend to the recovery of any demand not exceeding the account or otherwise, may be holden in the county court, sum of 201., which is the whole or part of the unliquidated without writ; and all such actions brought in the said court balance of a partnership account, or the amount or part of shall be heard and determined in a summary way in a court the amount of a distributive share under an intestacy, or of constituted under this act, and according to the provisions of any legacy under a will. this act: Provided always, that the court shall not have cog. 66. That it shall be lateful for any executor or administra. nisance of any action of ejectment, or in which the title to any tor to sue and be sued in any court holden under this act, in corporeal or incorporeal hereditaments, or to any toll, fair, like manner as if he were a party in his own right and jude. market, or frarchise, shall be in question, or in which the va ment, and execution shall be such as in the like case would be lidity of any devise, bequest, or limitation under any will or
given or issued in any superior court. settlement may be disputed, or for any malicious prosecution, or for any libel or slander, or for criminal conversation, or for
67. That no privilege, except as hereinafter excepted, shall seduction, or breach of promise of marriage.
be allowed to any person to exempt him from the jurisdiction
of any court holden under this act. 59. That, on the application of any person desirous to bring
68. That where any plaintiff shall have any demand recoa suit under this act, the clerk of the court shall enter in al
verable under this act against two or more persons jointly book to be kept for this purpose in his office a plaint in writ.
Clanswerable. it shall be sufficient if any of such persons be ing, stating the names and the last known places of abode of
served with process, and judgment may be obtained and erethe parties, and the substance of the action intended to be
cution issued against the person or persons. so served, notbrought, every one of which plaints shall be numbered in every
withstanding that others jointly liable may not have been served year according to the order in which it shall be entered ; and
or sued, or may not be within the jurisdiction of the court; thereupon a summons, stating the substance of the action, and bearing the number of the plaint on the margin thereof, shall
and every such person against whom judgment shall have been
obtained under this act, and who shall have satisfied such be issued under the seal of the court according to such form, and be served on the defendant so many days before the day on
judgment, shall be entitled to demand and recover, in the which the court shall be holden at which the cause is to be
county court under this act, contribution from any other person, · tried, as shall be directed by the rules made for regulating the
jointly liable with him. practice of the court, as hereinafter provided ; and delivery of 69. That the judge of the county court shall be the sole such summons to the defendant, or in such other manner as 1 judge in all actions brought in the said court, and shall deshall be specified in the rules of practice, shall be deemed good termine all questions, as well of fact as of law, unless a jury service; and no misnomer or inaccurate description of any shall be summoned as hereinafter mentioned ; and no suitors person or place in any such plaint or summons shall vitiate the shall in any case be summoned to hold or have any jurisdiction same, so that the person or place be therein described so as to | in any court holden under this act. be commonly known.
70. That, in all actions where the amount claimed shall ex60. That such summons may issue in any district in which | ceed 51., it shall be lawful for the plaintiff or defendant to re. the defendant or one of the defendants shall dwell or carry on
quire a jury to be summoned to try the said action; and in all
quire his business at the time of the action brought : or. by leave of actions where the amount claimed shall not exceed 51., it sbau the court for the district in which the defendant or one of the
be lawful for the judge, in his discretion, on the application of defendants shall have dwelt or carried on his business, at some
either of the parties, to order that such action be tried by a time within six calendar months next before the time of the
jury; and in every case such jury shall be summoned accordaction brought, or in which the cause of action arose, such
ing to the provisions hereinafter contained : Provided always, summons may issue in either of such last-mentioned courts.
that the party requiring a jury to be summoned shall give to
the clerk of the court, or leave at his office, such notice thereof 61. That any summons or other process which under this as shall be directed by the rules made for regulating the act shall be required to be served out of the district of the practice of the court, as hereinafter provided; and the said court from which the same shall have issued may be served by clerk shall cause notice of such demand of a jury, made eitiker the bailiff of any court holden under this act in any part of | by the plaintiff or defendant, to be communicated to the other England, and such service shall be as valid as if the same had | party to the said action, either by post, or by causing the same been made by the bailiff of the court out of which such sum
to be delivered at his usual place of abode or business ; but mons or other process shall have issued within the jurisdiction it shall not be necessary for either party to prove on the trial of the court for which he acts.
that such notice was communicated to the other party by the 62. That service of any summons or other process of the clerk. court which shall require to be served out of the district of the 71. That every party requiring any jury to be summoned court may be proved by affidavit, purporting to be sworn be- shall, at the time of giving the said notice, and before be shall fore any judge of a county court, or before a Master Extraor- / be entitled to have such jury summoned, pay to the clerk of dinary in Chancery, or any person now authorised by law to the court the sum of 58, for payment of the jury, and such take affidavits; and the fee for taking such affidavit shall not sum shall be considered as costs in the cause, unless otherwise be more than 18., and shall be costs in the cause ; and in every ordered by the judge. case of the unavoidable absence of the bailiff by whom any | 72. That the sheriff of every county, and the high bailis on summons or other process of the court shall have been served, | Westminster and Southwark, shall cause to be delivered to LDC the service of such summons or other process may be proved, if the judge shall think fit, in the same manner as a summons
di clerk of the court a list of persons qualified and liable to serve served out of the district of the court, but without additional
as jurors in the courts of assize and nisi prius for their county, charge to either of the parties to the suit.
city, and borough respectively, within fourteen days from the
receipt of the jury book from the clerk of the peace of the 63. That it shall not be lawful for any plaintiff to divide county or other officer, each list containing only the names any cause of action, for the purpose of bringing two or more persons residing within the jurisdiction of the court, for inch suits in any of the said courts, but any plaintiff having cause list the said sheriffs and high bailiffs shall be entitled to recente of action for more than 201., for which a plaint might be en out of the general fund of the court a fee, after the rate of 2d. tered under this act if not for more than 201., may abandon for every folio of seventy-two words; and whenever a jury the excess, and thereupon the plaintiff shall, on proving his shall be required, the clerk of the court shall cause so many of case, recover to an amount not exceeding 201., and the judg. | the persons named in the list as shall be needed, in the opinion ment of the court upon such plaint shall be in full discharge of the judge, to be summoned to attend the court at an of all demands in respect of such cause of action, and entry I and place to be mentioned in the summons, and shall.a. of the judgment shall be made accordingly.
I nister or cause to be administered to such of them as shall be
impannelled to try any cause or causes an oath to give true made, and the forms so framed, shall be observed and used in Ferdicts, according to the evidence; and the persons so sum- all the courts holden under this act; and in any case not exmoned shall attend at the court at the time mentioned in the pressly provided for herein, or by the said rules, the general summons, and, in default of attendance, shall forfeit such sum principles of practice in the superior courts of common law of money as the judge shall direct, not being more than 51. for may be adopted and applied, at the discretion of the judges, to each default; and the delivery of such summons to the person | actions and proceedings in their several courts. whose attendance is required on such jury, or delivery thereof | 79. That if, upon the day of the return of any summons, or to his wife or servant, or any inmate at his usual place of abode,
at any continuation or adjournment of the said court, or of the trading, or dealing, shall be deemed good service: Provided
cause for which the said summons shall have been issued, the always, that no person shall be summoned or compelled to
plaintiff shall not appear, the cause shall be struck out; and if serve on such jury more than twice within one year, or who
he shall appear, but shall not make proof of his demand to the shall bave been summoned and shall have attended upon any
satisfaction of the court, it shall be lawful for the judge to jury at the assizes, or any court of Nisi Prius, or at the Central
nonsuit the plaintiff, or to give judgment for the defendant, Criminal Court for the same county, within six calendar months
and, in either case, where the defendant shall appear and shall next before the delivery of such summons.
not admit the demand, to award to the defendant, by way of 73. That, whenever there are any jury trials, five jurymen costs and satisfaction for his trouble and attendance, such sum shall be impannelled and sworn, as occasion shall require, as the judge in his discretion shall think fit, and such sum shall to give their verdicts in the causes which shall be brought be be recoverable from the plaintiff by such ways and means as fore them in the said court, and being once sworn shall not any debt or damage ordered to be paid by the same court can need to be re-sworn in each trial; and either of the parties to be recovered : Provided always, that, if the plaintiff shall not any such cause shall be entitled to his lawful challenge against appear when called upon, and the defendant, or some one duly all or any of the said jurors, in like manner as he would be authorised on his behalf, shall appear, and admit the cause of entitled in any superior court; and the jurymen so sworn shall action to the full amount claimed, and pay the fees payable in be required to give an unanimous verdict.
the first instance by the plaintiff, the court, if it shall think 74. That, on the day in that behalf named in the summons,
fit, may proceed to give judgment, as if the plaintiff had apthe plaintiff shall appear, and thereupon the defendant shall be required to appear to answer such plaint; and, on answer 80. That if, on the day so named in the summons, or at being made in court, the judge shall proceed in a summary any continuation or adjournment of the court or cause in way to try the cause, and give judgment, without further plead which the summons was issued, the defendant shall not appear, ing or formal joinder of issue.
or sufficiently excuse his absence, or shall neglect to answer 75. That no evidence shall be given by the plaintiff, on the
when called in court, the judge, upon due proof of service of trial of any such cause as aforesaid, of any demand or cause of
the summons, may proceed to the hearing or trial of the cause action, except such as shall be stated in the summons hereby
on the part of the plaintiff only, and the judgment thereupon directed to be issued.
shall be as valid as if both parties had attended : Provided al
ways, that the judge in any such case, at the same or any sub76. That no defendant, in any court holden under this act,
sequent court, may set aside any judgment so given in the shall be allowed to set off any debt or demand claimed or re absence of the defendant, and the execution thereupon, and coverable by him from the plaintiff, or to set up by way of de may grant a new trial of the cause, upon such terms, if any, fence and to claim and have the benefit of infancy, coverture, as to payment of costs, giving security for debt or costs, or or any statute of limitations, or of his discharge under any such other terms as he may thiuk fit, on sufficient cause shewn statute relating to bankrupts, or any act for relief of insolvent to him for that purpose. debtors, without the consent of the plaintiff, unless such notice thereof, as shall be directed by the rules made for regulating
81. That the judge may in any case make orders for grant. the practice of the court, shall have been given to the clerk of
1 ing time to the plaintiff or defendant to proceed in the prosethe court; and, in every case in which the practice of the court
cution or defence of the suit, and also may from time to time shall require such notice to be given, the clerk of the court
adjourn any court, or the hearing or further hearing of any shall, as soon as conveniently may be after receiving such
cause, in such manner as to the judge may seem fit. notice, communicate the same to the plaintiff by the post, or 82. That it shall be lawful for the defendant in any action by causing the same to be delivered at his usual place of abode brought under this act, within such time as shall be directed or business; but it shall not be necessary for the defendant to by the rules made for regulating the practice of the court, to prove on the trial that such notice was communicated to the pay into court such sum of money as he shall think a full satisplaintiff by the clerk.
faction for the demand of the plaintiff, together with the costs 77. That the judge may in any case, with the consent of both incurred by the plaintiff up to the time of such payment; and parties to the suit, order the same, with or without other mat- notice of such payment shall be communicated by the clerk of ters within the jurisdiction of the court in dispute between such the court to the plaintiff by post, or by causing the same to be parties, to be referred to arbitration, to such person or persons. delivered at his usual place of abode or business; and the said and in such manner, and on such terms as he shall think rea. | sum of money shall be paid to the plaintiff ; but, if he shall sonable and just; and such reference sball not be revocable by elect to proceed, and if the plaintiff shall recover no further either party, except by consent of the judge ; and the award of sum in the action than shall have been so paid into court, the the arbitrator or arbitrators or umpire shall be entered as the plaintiff shall pay to the defendant the costs incurred by him judgment in the cause, and shall be as binding and effectual, in the said action after such payment; and such costs shall be to all intents, as if given by the judge; provided that the judge settled by the court, and an order shall thereupon be made by may, if he think fit, on application to him at the first court the court for the payment of such costs by the plaintiff. held after the expiration of one week after the entry of such 83. That, on the hearing or trial of any action, or on any award, set aside any such award so given as aforesaid, or may, other proceeding under this act, the parties thereto, their wives with the consent of both parties aforesaid, revoke the re- and all other persons, may be examined, either on behalf of ference, or order another reference to be made in the manner the plaintiff or defendant, upon oath, or solemn affirmation in aforesaid.
those cases in which persons are by law allowed to make affir78. That five of the judges of the superior courts of common mation instead of taking an oath, to be administered by the law at Westminster, including the Lord Chief Justice of the proper officer of the court. Court of Queen's Bench, the Lord Chief Justice of the Court
84. That every person who in any examination upon oath or of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, or one of the said chiefs at the least, shall have
solemn affirmation before any judge of the county court shall
wilfully and corruptly give false evidence shall be deemed power to make and issue all the general rules for regulating the practice and proceedings of the county courts holden under
guilty of perjury. this act, and also to frame forms for every proceeding in the 85. That either of the parties to the suit or any other prosaid courts for which they shall think it necessary that a formceeding under this act may obtain, at the office of the clerk of be provided, and also for keeping all books, entries, and ac- the court, summonses to witnesses, to be served by one of the counts to be kept by the clerks of the said courts, and from bailiffs of the court, with or without a clause requiring the protime to time to alter any such rule or form; and the rules so I duction of books, deeds, papers, and writings in their possession or control, and in any such summons any number of paid, and all such monies shall be paid into court, unless the names may be inserted.
judge shall otherwise direct. 86. That every person on whom any such summons shall 93. That if there shall be cross judgments between the par. have been served, either personally or in such other manner as ties, execution shall be taken out by that party only who shall shall be directed by the general rules or practice of the courts, have obtained judgment for the larger sum, and for so much and to whom, at the same time, payment or a tender of pay- only as shall remain after deducting the smaller sum, and satis. ment of his expenses shall have been made on such scale of al- faction for the remainder shall be entered, as well as satisfac. lowance as shall be from time to time settled by the general i tion on the judgment for the smaller sum, and if both sums rules of practice of the court, and who shall refuse or neglect, shall be equal, satisfaction shall be entered upon both judg. without sufficient cause, to appear, or to produce any books, , ments. papers, or writings required by such summons to be produced, and also every person present in court who shall be required to
94. That whenever the judge shall have made an order for give evidence, and who shall refuse to be sworn and give evi.
the payment of money, the amount shall be recoverable, in dence, shall forfeit and pay such fine, not exceeding 101., as
case of default or failure of payment thereof forthwith, or at the judge shall set on him; and the whole or any part of such
the time or times and in the manner thereby directed, by exe. fine, in the discretion of the judge, after deducting the costs,
cution against the goods and chattels of the party against shall be applicable towards indemnifying the party injured by
whom such order shall be made ; and the clerk of the said such refusal or neglect, and the remainder thereof shall form
court, at the request of the party prosecuting such order, shall part of the general fund of the court in which the fine was
issue under the seal of the court a writ of fieri facias as a war. imposed.
rant of execution to the high bailiff of the court, who by such
warrant shall be empowered to levy, or cause to be levied, by 87. That payment of any fine imposed by any court under distress and sale of the goods and chattels of such party, such the authority of this act may be enforced upon the order of sum of money as shall be so ordered, wheresoever they may be the judge in like manner as payment of any debt adjudged | found within the district of the court, whether within liberties in the said court, and shall be accounted for as herein pro. or without, and also the costs of the execution; and all convided.
stables and other peace officers within their several jurisdic88. That all costs of any action or proceeding in the court, tions shall aid in the execution of every such warrant. not herein otherwise provided for, shall be paid by or appor
93. That if the judge shall have made any order for pay. tioned between the parties in such manner as the judge shall
ment of any sum of money by instalments, execution upon think fit, and, in default of any special direction, shall abide
such order shall not issue against the party until after default the event of the action, and execution may issue for the reco
in payment of some instalment according to such order, and very of any such costs in like manner as for any debt adjudged
execution or successive executions may then issue for the whole in the said court.
of the said sum of money and costs then remaining unpaid, or 89. That every order and judgment of any court holden for such portion thereof as the judge shall order, either at the under this act, except as herein provided, shall be final and time of making the original order, or at any subsequent time, conclusive between the parties, but the judge shall have power under the seal of the court. to nonsuit the plaintiff in every case in which satisfactory proof shall not be given to him entitling either the plaintiff or de
96. That every bailiff or officer executing any process of fendant to the judgment of the court, and shall also, in every |
execution issuing out of the said county court against the goods case whatever, have the power, if he shall think fit, to order a
and chattels of any person, may by virtue thereof seize any of the new trial to be had on such terms as he shall think reasonable,
goods and chattels of such person, (excepting thewearing apparel and in the meantime to stay the proceedings.
and bedding of such person or his family, and the tools and
implements of his trade to the value of 51., which shall to that 90. That no plaint entered in any court holden under this extent be protected from such seizure), and may also seize and act shall be removed or removable from the said court into any take any money or bank notes, (whether of the Bank of Eng. of her Majesty's superior courts of record by any writ or pro- land or of any other bark), and any cheques, bills of exchange, cess, unless the debt or damage claimed shall exceed 51., and
promissory notes, bonds, specialties, or securities for money, then only by leave of a judge of one of the said superior courts, belonging to any such person against whom any such execution in cases which shall appear to the judge fit to be tried in one of
shall have issued as aforesaid. the superior courts, and upon such terms as to payment of costs, giving security for debt or costs, or such other terms as
97. That the high bailiff shall hold any cheques, bills of he shall think fit.
exchange, promissory notes, bonds, specialties, or other seca.
rities for money which shall kave been so seized or taken as 91. That no person shall be entitled to appear for any other aforesaid, as a security or securities for the amount directed to party to any proceeding in any of the said courts unless he be |
be levied by such execution, or so much thereof as shall not an attorney of one of her Majesty's superior courts of record, have been otherwise levied or raised for the benefit of the or a barrister at law instructed by such attorney on behalf of plaintiff'; and the plaintiff may sue in the name of the defend. the party, or, by leave of the judge, any other person allowed
Juage, any other person allowed ant, or in the name of any person in whose name the defend. by the judge to appear instead of such party ; but no barris. ant might have sued, for the recovery of the sum or sums seter, attorney, or other person, except by leave of the judge, cured or made payable thereby, when the time of payment shall be entitled to be heard to argue any question as counsel thereof shall have arrived. for any other person in any proceeding in any court holden under this act; and no person, not being an attorney admitted
98. That it shall be lawful for any party who has obtained to one of her Majesty's superior courts of record, shall be en
any unsatisfied judgment or order in any court held by virtue titled to have or recover any sum of money for appearing or
of this act, or under any act repealed by this act, for the pas. acting on behalf of any other person in the said court; and no
ment of any debt or damages or costs, to obtain a summons attorney shall be entitled to have or recover therefor any sum
from any county court within the limits of which any other of money, unless the debt or damage claimed shall be more
party shall then dwell or carry on his business, such summons than 40s., or to have or recover more than 108. for his fees and
to be in such form as shall be directed by the rules made for costs, unless the debt or damage claimed shall be more than 51.,
regulating the practice of the county courts as herein provided, or more than 158. in any case within the summary jurisdiction
and to be served personally upon the person to whom it is digiven by this act; and in no case shall any fee exceeding
rected, requiring him to appear at such a time as shall be 11.38. 60. be allowed for employing a barrister as counsel in
directed by the said rules to answer such things as are named in the cause ; and the expense of employing a barrister or an attor.
such summons; and if he shall appear in pursuance of such sum. ney, either by plaintiff or defendant, shall not be allowed on
mons, he may be examined upon oath touching his estate and taxation of costs in the case of a plaintiff where less than 51.
effects, and the manner and circumstances under which he conis recovered, or in the case of a defendant where less than 51.
tracted the debt or incurred the damages or liability which is is claimed, or in any case unless by order of the judge.
the subject of the action in which judgment has been obtained
| against him; and as to the means and expectation he then had, 92. That the judge may make orders concerning the time or and as to the property and means be still hath, of discharging times and by what instalments any debt or damages or costs | the said debt or damages or liability, and as to the disposal be for which judgment shall be obtained in the said court shall be I may have made of any property; and the person obtaining
such summons as aforesaid, and all other witnesses whom the the defendant, in the same manner as if such imprisonment had judge shall think requisite, may be examined upon oath touch- not taken place. ing the inquiries authorised to be made as aforesaid ; and the costs of such summons and of all the proceedings thereon shall
104. That in all cases where a warrant of execution shall
have issued against the goods and chattels of any party, or an be deemed costs in the cause.
order for his commitment shall have been made under this act, 99. That if a party so summoned shall not attend as required and such party, or his goods and chattels, shall be out of the by such summons, and shall not allege a sufficient excuse for jurisdiction of the court, it shall be lawful for the high bailiff not attending, or shall, if attending, refuse to be sworn, or to of the court to send such warrant of execution or of commitment disclose any of the things aforesaid, or if he shall not make
to the clerk of any other court constituted under this act, within answer touching the same to the satisfaction of such judge, or the jurisdiction of which such party, or his goods and chattels, if it shall appear to such judge, either by the examination of shall then be or be believed to be, with a warrant thereto anthe party or by any other evidence, that such party, if a de.
nexed, under the hand of the high bailiff and seal of the court fendant, in incurring the debt or liability which is the subject from which the original warrant issued, requiring execution of of the action in which judgment has been obtained, has obtained the same, and the clerk of the court to which the same shall be credit from the plaintiff under false pretences, or by means of sent shall seal or stamp the same with the seal of his court, and fraud or breach of trust, or has wilfully contracted such debt | issue the same to the high bailiff of his court, and thereupon or liability without having had at the same time a reasonable such last-mentioned high bailiff shall be authorised and requir. expectation of being able to pay or discharge the same, or led to act in all respects as if the original warrant of execution shall have made or caused to be made any gift, delivery, or lor commitment had been directed to him by the court of which transfer of any property, or shall have charged, removed, or he is the high bailiff, and shall, within such time as shall be concealed the same, with intent to defraud his creditors or any specified in the rules of practice, return to the high bailiff of of them, or if it shall appear to the satisfaction of the judge of the court from which the same originally issued, what he shall the said court that the party so summoned has then, or has had
have done in the execution of such process, and in case a levy since the judgment obtained against him, sufficient means and shall have been made shall, within such time as shall be speci. ability to pay the debt or damages or costs so recovered against fied in the rules of practice, pay over all monies received in pur. him, either altogether, or by any instalment or insta!ments suance of the warrant to the high bailiff of the court from which which the court in which the judgment was obtained shall bave the same shall have originally issued. retaining the fees for exordered, and if he shall refuse or neglect to pay the same as ecution of the process; and where any order of commitment shall have been so ordered, or as shall be ordered pursuant to shall have been made, and the person apprehended, he shall be the power hereinafter provided, it shall be lawful for such forthwith conveyed, in custody of the bailiff or officer apprejudge, if he shall think fit, to order that any such party may 1 hending him, to the gaol or house of correction or other prison be committed to the common gaol or house of correction of the of the court within the jurisdiction of which he shall have been county, district, or place in which the party summoned is resi- |
apprehended, and kept therein for the time mentioned in the dent, or to any prison which shall be provided as the prison of warrant of commitment, unless sooner discharged under the the court, for any period not exceeding forty days.
provisions of this act; and all constables and other peace officers 100. That it shall be lawful for the judge of any court before shall be aiding and assisting within their respective districts in whom such summons shall be heard, if he shall think fit, whe- | the execution of such warrant. ther or not he shall make any order for the committal of the
105. That if it shall at any time appear to the satisfaction of defendant, to rescind or alter any order that shall have been
the judge, by the oath or affirmation of any person, or otherpreviously made against any defendant so summoned before
wise, that any defendant is unable, from sickness or other suf. him for the payment, by instalments or otherwise, of any debt or damages recovered, and to make any further or other order,
ficient cause, to pay and discharge the debt or damages recoeither for the payment of the whole of such debt or damages
vered against him, or any instalment thereof ordered to be paid and costs forthwith, or by any instalments, or in any other
as aforesaid, it shall be lawful for the judge, in his discretion,
to suspend or stay any judgment, order, or execution given, manner as such judge may think reasonable and just.
made, or issued in such action, for such time and on such terms 101. That in every case where the defendant in any suit as the judge shall think fit, and so from time to time until it brought in any county court shall have been personally served shall appear, by the like proof as aforesaid, that such tempo. with the summons to appear, or shall personally appear at the rary cause of disability has ceased. trial of the same, the judge, at the hearing of the cause, or at
106. That no sale of any goods which shall be taken in exeany adjournment thereof if judgment shall be given against the lefendant, shall have the same power and authority of exam.
cution as aforesaid shall be until after the end of five days at
least next following the day on which such goods shall have ning the defendant and the plaintiff and other parties touching
been so taken, unless such goods be of a perishable nature, or be several things hereinbefore mentioned, and of committing he defendant to prison, and of making an order, as he might
upon the request in writing of the party whose goods shall have
been taken ; and, until such sale, the goods shall be deposited lave and exercise under the provisions hereinbefore contained
by the bailiff in some fit place, or they may remain in the cuscase the plaintiff had obtained a summons for that purpose tódy of fit person approved by the high' bailiff. to be put in fter the judgment obtained as hereinbefore mentioned.
possession by the bailiff; and it shall be lawful for the high 102. That, whenever any order of commitment shall have bailiff, from time to time, as he shall think proper, to appoint een made as aforesaid, the clerk of the said court shall issue such and so many persons for keeping possession, and so many nder the seal of the court a warrant of commitment, directed to sworn brokers and appraisers for the purpose of selling or be of the bailiffs of any county court, who by such warrant valuing any goods, chattels, or effects taken in execution under iall be empowered to take the body of the person against whom this act, as shall appear to him to be necessary, and to direct ich order shall be made; and all constables and other peace security to be taken from each of them, for such sum and in ficers within their several jurisdictions shall aid in the exe- such manner as he shall think fit, for the faithful performance ition of every such warrant; and the gaoler or keeper of of their duties without injury or oppression ; and the judge or lery gaol, house of correction, and prison mentioned in any high bailiff may dismiss any person, broker, or appraiser so Ich order shall be bound to receive and keep the defendant appointed; and no goods taken in execution under this act erein until discharged under the provisions of this act, or shall be sold for the purpose of satisfying the warrant of exeherwise by due course of law; and no protection, order, or cution except hy one of the brokers or appraisers so appointed; rtificate granted by any court of bankruptcy, or for the relief and the brokers or appraisers so appointed shall be entitled to insolvent debtors, shall be available to discharge any defend. have, out of the produce of the goods so distrained or sold, 6d. it from any commitment under such last-mentioned order. in the pound on the value of the goods for the appraisement 103. That no imprisonment under this act shall in anywise
thereof, whether by one broker or more, over and above the lerate as a satisfaction or extinguishment of the debt or other
| stamp duty, and for advertisements, catalogues, sale and comnike of action on which a judgment has been obtained, or pro.
mission, and delivery of goods, 18. in the pound on the net ct the defendant from being anew summoned and imprisoned produce or the sale. rany new fraud or other default rendering him liable to be 107. That so much of an act passed in the eighth year of prisoned under this act, or deprive the plaintiff of any the reign of Queen Anne, [c. 171, intituled “ An Act for the ght to take out execution against the goods and chattels of l better Security of Rents, and to prevent Frauds committed by
Tenants,' as relates to the liability of goods taken by virtue of past, specifying the names of the parties for whom or on whose any execution, shall not be deemed to apply to goods taken in account the same were so paid into court; and a copy of such execution under the process of any court holden under this list shall be put up and remain during court hours in some act; but the landlord of any tenement in which any such goods conspicuous part of the court house, and at all times in the shall be so taken shall be entitled, by any writing under his clerk's office, and all sums of money which shall have been hand, or under the hand of his agent, to be delivered to the paid into any such court, to the use of any suitor or suitors bailiff or officer making the levy, which writing shall state the thereof, and which shall have remained unclaimed for the pe terms of holding and the rent payable for the same, to claim riod of six years before the passing of this act, and which are any rent in arrear then due to him, not exceeding the rent of now in the hands of any commissioner, trustee, judge, or officer four weeks where the tenement is let by the week, and not ex- of such court, or otherwise held in trust for such suitors, and ceeding the rent accruing due in two terms of payment where all further sums of money which shall hereafter be paid into any the tenement is let for any other term less than a year, and such court, to the use of any suitor or suitors thereof, shall, not exceeding in any case the rent accruing due in one year; if unclaimed for the period of six years after the same shall have and, in case of any such claim being so made, the bailiff or been so paid into court, be applicable as part of the general officer making the levy shall distrain as well for the amount of fund of the court, and shall be carried to the account of such the rent so claimed, and the costs of such additional distress, fund, and no person shall be entitled to claim any sum which as for the amount of money and costs for which the warrant of shall have remained unclaimed for six years; but no time execution issued under this act, and shall not proceed to sell during which the person entitled to claim such sum shall have the same or any part thereof within five days next after such been an infant or feme covert, or of unsound mind, or beyond distress taken ; and if any replevin be made of the goods so the seas, shall be taken into account in estimating the said taken, such of the goods shall be sold under the execution as period of six years. shall satisfy the money and costs for which the warrant of ex. ecution issued, and the costs of the sale; and the overplus of
113. That if any person shall wilfully insult the judge or such sale (if any), and also the residue of the goods, shall be any
any juror, or any bailiff, clerk, or officer of the said court, for returned as in other cases of distress for rent, and replevin
the time being, during his sitting or attendance in court, or in thereof; and for every such additional distress for rent in
going to or returning from the court, or shall wilfully interarrear, the high bailiff of the court shall be entitled to have, as
rupt the proceedings of the court, or otherwise misbehave in the costs of the distress, instead of the fees allowed by this
court, it shall be lawful for any bailiff or officer of the court, act for making such distress, and keeping possession thereof,
with or without the assistance of any other person, by the the fees allowed by an act passed in the fifty-seventh year of
order of the judge, to take such offender into custody, and dethe reign of King George the Third, [c. 93], intituled " An
tain him until the rising of the court ; and the judge shall be Act to regulate the costs of Distresses levied for Payment of
empowered, if he shall think fit, by a warrant under his band, small Rents."
and sealed with the seal of the court, to commit any such of.
fender to any prison to which he has power to commit offend108. That no judgment or execution shall be stayed, delayed, ers under this act for any time not exceeding seven days, or or reversed upon or by any writ of error, or supersedeas there to impose upon any such offender a fine not exceeding 51. for on, to be sued for the reversing of any judgment given in any every such offence, and in default of payment thereof to com. court holden under the provisions of this act.
mit the offender to any such prison as aforesaid for any time 109. That, in or upon every warrant of execution issued not exceeding seven days, unless the said fine be sooner paid. against the goods and chattels of any person whomsoever, the
114. That if any officer or bailiff of any court holden under clerk of the court shall cause to be inserted or indorsed the
this act shall be assaulted while in the execution of his duty, sum of money and costs adjudged, with the sums allowed by
or if any rescue shall be made or attempted to be made of any this act as increased costs for the execution of such warrant; and if the party against whom such execution shall be issued
goods levied under process of the court, the person so offend.
ing shall be liable to a fine not exceeding 51., to be recovered shall, before an actual sale of the goods and chattels, pay or
by order of the court, or before a justice of the peace as here. cause to be paid or tendered unto the clerk of the court out of which such warrant of execution has issued, or to the bailiff
inafter provided; and it shall be lawful for the bailiff of the holding the warrant of execution, such sum of money and costs
court or any perce officer in any such case to take the offender
into custody, (with or without warrant), and bring him before as aforesaid, or such part thereof as the person entitled thereto shall agree to accept in full of his debt or damages and costs,
such court or justice accordingly. together with the fees herein directed to be paid, the execution
115. That in case any bailiff of the said court who shall be shall be superseded, and the goods and chattels' of the said employed to levy any execution against goods and chattels party shall be discharged and set at liberty.
shall, by neglect, or connivance or omission, lose the oppor110. That any person imprisoned under this act who shall
tunity of levying any such execution, then, upon complaint of have paid or satisfied the debt or demand, or the instalments
the party aggrieved by reason of such neglect, connivance, or thereof payable, and costs remaining due at the time of the
omission, and the fact alleged being proved to the satisfaction order of imprisonment being made, together with the costs of
of the court on the oath of any credible witness), the judge
shall order such bailiff to pay such damages as it shall appear obtaining such order, and all subsequent costs, shall be dis. charged out of custody, upon the certificate of such payment or
that the plaintiff has sustained thereby, not exceeding in any satisfaction, signed by the clerk of the court, by leave of the
case the sum of money for which the said execution issued, judge of the court in which the order of imprisonment was
and the bailiffsball be liable thereto, and upon demand
made thereof, and on his refusal so to pay and satisfy the made.
same, payment thereof shall be enforced by such ways and 111. That the clerk of every court holden under this act means as are herein provided for enforcing a judgment ræo. shall cause a note of all plaints and summonses, and of all vered in the said court. orders, and of all judgments and executions, and returns there
I 116. That if any clerk, bailiff, or officer of the court, acting to, and of all fines, and of all other proceedings of the court, to be fairly entered from time to time in a book belonging to
under colour or pretence of the process of the said court,
shall be charged with extortion or misconduct, or with me the court, which shall be kept at the office of the court; and such entries in the said book, or a copy thereof bearing the
| duly paying or accounting for any money levied by him under seal of the court, and purporting to be signed and certified
the authority of this act, it shall be lawful for the judge to in as a true copy by the clerk of the court, shall at all times be
quire into such matter in a summary way, and for that pur. admitted, in all courts and places whatsoever, as evidence of such
pose to summon and enforce the attendance of all necessary entries, and of the proceedings referred to by such entry or en.
parties in like manner as the attendance of witnesses in any tries, and of the regularity of such proceeding, without any the
case may be enforced, and to make such order thereupon for further proof.
" the repayment of airy money extorted, or for the due payment
of any money so levied 'as aforesaid, and for the payment of 112. That the clerks of every such court shall in the month such damages and costs, as he shall think just; and also, it be of March in each year make out a correct list of all sums of shall' think fit, to impose such fine upon the clerk, bailid, or money belonging to suitors in the court which shall have been officer, not exceeding 101. for each offence, as he shall deem paid into court; and which shall have remained unclaimed for adequate; and in default of payment of any money so ordered five years before the first day of the month of January then last I to be paid, 'payment of the same may be enforced by such ways