Abbildungen der Seite
PDF
EPUB
[ocr errors][subsumed][merged small][merged small][merged small]
[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors]

Clerk of the court to be holden at Lord of the manor of Ashton-under-
Ashton . . . .

Lyne.
High bailiff of the court to be holden Lord of the manor of Birmingham.

at Birmingham. . •
Clerk of the court to be holden at | Lord of the manor and seven hun-
Cirencester . . . o .

dreds of Cirencester,
Clerk of the court to be holden at | Lord of the manor of the borough of
Kidderminster . . . .

Kidderminster.
Clerk of the court to be holden at | Lord of the manor of Old Swinford
Stourbridge . . .

or Amblecourt, to whom, on the
day before the passing of this Act,
the next turn belongs to appoint
the clerk or beadle of the Court of
Requests for the parish of Old
Swinford.

[merged small][merged small][merged small][ocr errors][merged small]

High bailiff of the court to be holden

at Watford

Lord of the hundred of Cashio.

[blocks in formation]

Judge of the court to be holden at Lord of the manor of Sheffield.

Sheffield . . . .
Clerk of the court to be holden at Lord of the manor of Ecclesall.

Sheffield . . . . .

[blocks in formation]

Clerk of the court to be holden at
Clerk of the court to be holden at | Lord of the manor and barony of

Stockport . . . .! Stockport.

[ocr errors]

9 & 10 V., c. 95.

England.

More Easy Recovery of Small Debts and Demands in

SCHEDULE (D.)

AMOUNT OF DEMAND.

52.

52.

[ocr errors]

co oop

o

[ocr errors]

10

[ocr errors]
[ocr errors]

esco

[ocr errors]
[ocr errors]

con

[ocr errors]

Not Exceeding Exceeding Exceeding Exceeding 101. 208.

408. exceeding

and not and not and not 208. exceeding exceeding | exceeding Founded | Founded 40s.

101. onContract. on Tort. JUDGE'S FEES.

8. d.

8. d. Every summons

2 0

30 Every hearing without a jury

7 6 100 Every hearing or trial with a jury | 2

15 0 Every order or judgment or application for an order

10 |

3 0 CLERK'S FEES. Entering every plaint and issuing the summons thereon .

2 0 Every subpæna, when required . Every hearing, trial, or nonsuit

without a jury · · · Adjournment of any cause Entering and giving notice of spe

cial defence Swearing every witness for plaintiff or defendant

2 1 0 3

04. 0 6 1 1 0 Entering and drawing up every judg

ment and order, and copy thereof 03 TO 6 10 16 2 6 3 0 Payment of money in or out of

court, whether or not by instalments at different times, including

notice thereof, and taking receipt 0 2 To 4 10 6 Paying money into court, and

entering same in books, and notice thereof, or of sum in full satisfaction having been paid into court, each instalment or payment

06 | 08 | 10 Payment of money out of court,

and taking receipt, exclusive of stamp . .

09 10 | 16 Every search in the books . il

1020 40 6 10 Issuing every warrant, attachment, or execution . . . Jo 6 1 0 1

| 30 Supersedeas of execution, or certi

ficate of payment, or withdrawal of cause . . . .

| 0 6 1 0 6 1 1 0 1 1 6 1 2 0 Warrant of commitment for an insult or misbehaviour in court .

10

1 0 Entering and giving notice of jury

being required . Issuing summons for jury . :

09 Swearing jury ....

O 8 Every hearing, trial, or nonsuit with a jury . .

116 2 0 Taking recognizance or security for costs .

6 3 0 Inquiring into sufficiency of sure

ties proposed, and taking bond on removal of plaint, or grant of new trial, or other occasion

1 2 6 | 26 | 26 | 26 | 2 6 Taxing costs . ·

10 ·

2 0 3 0

i

[ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors]

N.B.- Where the plaintiff recovers less than his claim so as to reduce the scale of costs, the plaintiff

to pay the difference.

More Easy Recovery of Small Debts and Demands in

9 & 10 V., c. 95.

England.

408.

51.

52.

[ocr errors]

Oi

Not Exceeding Exceeding Exceeding Exceeding 101.

208. exceeding

and not and not and not 20s. exceeding exceeding exceeding | Founded | Founded 408.

104. onContract on Tort. HIGH BAILIFF'S FEES.

8. d. 8. d. 1 $. d. 8. d. . d. . d. Calling every cause

0 3 0 4 0 61016 Affidavit of service of summons

out of the jurisdiction . Serving every summons, order, or

subpæna within one mile of court house

TOA 06 0 10 10 16 If above one mile, then extra for every other mile . . .

0 2 0 20 30 40 4 Execution of every warrant, precept, or attachment against the goods or body within one mile of

the court house . . . | 16 2 6 3 6 40 50 70 If above one mile, then extra for

every other mile . . 10 30 30 40 60 606 If two officers be necessary in the

judgment of the court, then extra, within one mile of the court house . ..

To 16 20 20 26 30 If above one mile, then extra for every other mile .

0 30 30 40 60 606 Keeping possession of goods till

sale, per day, not exceeding five

days . . . . . 10 16 20 2 0 2 6 30 Carrying every delinquent to prison,

including all expenses and assistants, per mile

10 10 10 10 10 10 Issuing warrant to clerk of another court · · · ·

TO 1 6 | 20 | 26 | 30 | 3 6

N.B.—The several fees payable on proceedings in replevin to be regulated on the same scale

by the amount distrained for, and on proceedings for the recovery of tenements by the yearly rent or value of the tenement sought to be recovered,

DECLARATIONS.

Synopsis of the Statutes. THE 25 C. 2, c. 2, and 30 C. 2, St. 2, require certain oaths and declarations to be taken and made by members of both Houses of Parliament, and others on taking office ; as regards the Roman Catholics the form of the declaration is altered by 10 G. 4, c. 7, see Dig., Part I., tit. DECLARATIONS, ROMAN CATHOLICS; also as to declarations by bankrupts,a by the 8 & 9 V. c. 48, see ante, p. 45. The time of taking such oaths and declarations by peers is altered by the 6 & 7 V., c. 6, see INFRA

By several statutes declarations or affirmations have been substituted for oaths, see Dig. Part I., tit. AFFIRMATIONS, DECLARATIONS ; to which statutes may be added the 8 & 9 V., c. 48, see INFRA ante, p. 45.

* Declaration by bankrupt.-Since this Act it is not necessary for a bankrupt to make such it is not lawful for a commissioner to examine a declaration more than once during the whole bankrupt on oath, see Ramsden, 10 Jur. 879, and examination. Ex parte Bull, 10 Jur. 827.

6 & 7 V., c. 6. Altering the Hours of Making Declarations by Peers.

After reciting the 30 C. 2, St. 2, which requires oaths and declarations to be taken and made between the hours of nine in the morning and four in the afternoon, it is enacted that the said oaths and declarations, and all other oaths and declarations to be made and subscribed by peers and members of the House of Peers at the table of the said House, may be so made and subscribed between the hours of nine in the morning and five in the afternoon.

DEODANDS. 9 & 10 V., c. 62. Abolition of Deodands.a

From and after the 1st Sept. 1846, there shall be no forfeiture of any chattel for or in

respect of the same having moved to or caused the death of man, and no coroner's jury sworn to inquire, upon the sight of any dead body, how the deceased came by his death, shall find any forfeiture of any chattel which may have moved to or caused the death of the deceased, or any deodand whatsoever ; and it shall not be necessary to allege the value of the instrument which caused the death of the deceased, or to allege that the same was of no value.

DISSENTERS.

Synopsis of the Statutes. THE 1 W. & M., St. i. c. 18, known commonly by the name of the “ Toleration Act,” contains several provisions in favour of Protestant dissenters, which has been extended by subsequent Acts ; namely, by the 10 A. c. 2; 1 G. 1, St. 2, c. 8; 8 G. 1. c. 6; 19 G. 3, c. 44; 52 G. 3, c. 155; 53 G. 3, c. 160; 57 G. 3, c. 70 (for Ire.); 3 G. 4, c. 126 ; 4 G. 4, c. 64; 4 & 5 W. 4, cc. 73, 76, see Dig. Part I., tit. DISSENTERS. As to substituting affirmations or declarations for oaths in favour of Quakers and others, see Dig. Part I., tit. AFFIRMATIONS, DECLARATIONS; as to Roman Catholics, see post, tit. ROMAN CATHOLICS; and as to suits relating to meeting-houses and other property belonging to Dissenters, see 7 & 8V., c. 45, and as to the admission of persons of the Jewish religion to office, see 8 & 9 V., c. 52, INFRA. 7 & 8 V., c. 45. Regulation of Suits relating to Meeting Houses, &c.

Sect. 1.-After reciting 1 W. & M. St. 1, c. 18; 6 G.(1.1); 19 G. 3., c. 44 ; 53 G. 3, c.

160, it is enacted that with respect to meeting-houses, schools, and other charitable foundations, and the persons holding or enjoying the benefit thereof respectively, the recited Acts and all deeds or documents relating to such charitable foundations, shall be construed as if the said Acts had been in force respectively at the respective times of

founding or using such meeting-houses, &c. Sect. 2.-So far as no particular religious doctrines or opinions, or mode of regulating

worship, shall, on the face of the will, deed, or other instrument declaring the trusts of any meeting-house for the worship of God by persons dissenting from the united church of England and Ireland, either in express terms or by reference to some book or other document as containing such doctrines or opinions or mode of regulating worship, be required to be taught or observed, or be forbidden to be taught or observed therein, the usage for twenty years immediately preceding any suit relating to such meeting-house of the congregation frequenting the same shall be taken as conclusive evidence that such religious doctrines or opinions, or mode of worship as for such period have been taught or observed in such meeting-house, may properly be there taught and observed; and the title of the congregation to hold such meeting-house, together with any burial ground, Sunday or day school, or minister's house thereto attached, and any fund for the benefit of such congregation, or of the minister or other officer of such congregation, or of the widow of any such minister, shall not be called in question on account of the doctrines or opinions, or mode of worship so taught or observed in such meeting-house. Provided, nevertheless, that where any such minister's house, school, or fund as aforesaid, be given or created by any will, deed, or other instrument, which shall declare in express terms, or by such reference as aforesaid, the particular religious doctrines or opinions for the promotion of which such minister's house, school or fund is intended,

Deodands. -As to the law relating to deodands before this Act, see Law R. Prop. $ 673, et seq.

7 & 8 V., c. 45. Regulation of Suits relating to Meeting Houses, dc.

then, and in every such case such minister's house, school or fund shall be applied to the promoting of the doctrines or opinions so specified, any usage of the congregation

to the contrary notwithstanding. Sect. 3.-Provided always, that nothing herein contained shall affect any judgment, order,

or decree already pronounced by any court of law or equity; but that in any suit which shall be a suit by information only and not by bill, and wherein no decree has been pronounced, and which may be pending at the time of passing this Act, any defendant for whom the provisions of this Act would have afforded a valid defence if such suit had been commenced thereafter, may apply to the court wherein such suit is pending, and such court is hereby authorized and required, upon being satisfied by affidavit or otherwise that such suit is so within the operation of this Act, to make such order therein as shall give such defendant the benefit of this Act ; and in all cases in which such suit is stayed or dismissed, the costs thereof shall be paid by the defendants, or out of

the property in such manner as the court shall direct. 8 & 9 V., c. 52. Admission of Persons of the Jewish Religion to Municipal

Offices.
Sect. 1.–After reciting 9 G. 4, c. 17, which removes the necessity of taking the sacrament,

but requires a declaration to be made which persons of the Jewish persuasion cannot
make, it is enacted that such persons on accepting the office of mayor, or other corporate
offices, may make the following declaration :-
“ I, A. B., being a person professing the Jewish religion, having conscientious scruples against

subscribing the declaration contained in an Act passed in the ninth year of the reign of
king George the Fourth, intituled [here set out the title] do solemnly, sincerely, and truly
declare, that I will not exercise any power, authority, or influence which I may possess
by virtue of the office of to injure or weaken the Protestant church as it is by law
established in England, nor to disturb the said church, or the bishops or clergy of the
said church, in the possession of any right or privileges to which such church or the said

bishops and clergy may be by law entitled." Sect. 2.-Such declaration shall, with respect to any such office, be of the same force

and effect as if the person making it had made and subscribed the declaration in the recited Act contained.

DIVIDENDS.

Synopsis of the Statutes. THE 5 & 6 W. & M., c. 20; 8 & 9 W. 3, c. 20; 9 & 10 W. 3, c. 3; and 12 & 13 W. 3, c. 12, contain several provisions respecting the dividends to which the members of the Company of the Bank of England are entitled. The 7 G. 8, c. 48, prescribes the mode of declaring a dividend by the Governor and Company of the Bank of England ; and the 7 G. 3, c. 49; 10 G. 3, c. 47, contain similar provisions in respect to the East India Company. The 6 G. 4, c. 16, 8. 107, provides for the making a dividend of the bankrupt's estate. The 11 G. 4 & 1 W. 4, c. 65, provides for the payment of dividends in the case of lunatics. The crime of false personation and forgery as connected with dividends is defined and made punishable by the 11 G. 4 & 1 W. 4, c. 66. The apportionment of dividends is regulated by the 4 & 5 W.4, c. 22, see Dig. Part I., tit. BANK, BANKRUPT, DIVIDENDS, East India COMPANY.

As to unclaimed dividends of the bankrupt's estate the 6 G. 4, c. 16, ss. 70, 110, amended by 5 & 6 W. 4, c. 29, ss. 5, 6, makes provision, see Dig. Part I. tit. BANKRUPT (Unclaimed Dividends); and as to unclaimed dividends generally the 56 G. 3, c. 60, contains several provisions, see Dig. Parts II., tit. Stock; and the 8 & 9 V., c. 62, contains further provisions, see Infra.

Forging powers of attorney to receive dividends is now punishable by 11 G. 4 & 1 W. 4, c. 66, see Dig. Part I., tit. DIVIDENDS ; and as to the 8 & 9 V., c. 97, authorising the payment of dividends on Letters of Attorney, see post, tit. STOCK.

« ZurückWeiter »