County Court Extension Act Explanation.—Manchester Court of Record.

power to seize any property comprised therein, and every schedule thereto, or a true copy thereof, and of every attestation of its execution, shall, together with an affidavit of the time of its being made, and a description of the residence and occupation of the person making the same, and of every attesting witness thereto, be filed with the clerk of docquets and judgments in the Queen's Bench, within 21 days after the making such bill of sale (in like manner as a warrant of attorney), otherwise such bill of sale shall be null and void as against assignees in bankruptcy or insolvency, or under any assignment for the benefit of creditors, and as against persons seizing under any process in law or equity; (s. 1).

Any defeasance, or condition or declaration of trust, not contained in the body of bill of sale, shall be taken as part thereof, and be written on the same paper or parchment, before filing the same, otherwise such bill of sale shall be null and void; (s. 2).

The Queen's Bench officer shall keep an alphabetical list of every bill of sale, containing the name, address, and description of the person making the same, and of the person to whom it is given, whether absolute or conditional, together with the number and the date of executing and filing the same, and the sum for which given and when and how made payable, according to the form in Schedule. And such book may be searched by all persons at all reasonable times, on payment for every search against one person of 6d. And in addition to such book, the officer shall keep another book containing the name, address, and description of the person making such bills of sale, and also of the persons to whom the same shall be given, but containing no further particulars, which all persons shall be permitted to search for themselves on payment of 1s.; (s. 3).

A fee of 1s. to be paid for filing and entering every bill of sale or copy thereof; (s. 4). Office copies or extracts to be given on paying the usual rates for office copies of judgments; (s. 5).

A Judge of the Queen's Bench may order a memorandum of satisfaction to be written on any bill of sale or copy, if it shall appear the debt, for which it is given as security, shall have been discharged; (s. 6).

Interpretation of terms; (s, 7).

COUNTY COURT EXTENSION ACT

EXPLANATION.

THE Bill, after reciting that doubts have arisen touching the construction of the 13 & 14 Vict. c. 61, ss. 14, 17, proposes to enact that the right of appeal given by the said 14th section shall extend to all cases in which jurisdiction is given by the said 17th section in consequence of the agreement of parties.

355

This bill is brought forward in consequence of the decision of the Court of Exchequer in Jansens v. Grove (reported 23 Law J., N. S., Exch. 91; ante, p. 248), that an appeal does not lie from the decision of a County Court Judge in a case submitted under s. 17 by the consent of both parties, where the subject-matter exceeds 501.

MANCHESTER COURT OF RECORD.

EXTENSION OF POWERS.

THE following is an analysis of the Bill just brought in by Mr. Milner Gibson. We have printed in italics some of the clauses which require attention :

Jurisdiction of Court to be co-extensive with borough.

Recorder to be Judge.

Recorder may appoint a deputy.
Remuneration to the recorder.

Orders, &c., may be made by or before the
registrar in the absence of the recorder.
Courts to be held six times yearly.
Time and place for ordinary business of
Court.

Notice of holding Courts.

Rules for regulating Court to be made and signed by recorder, confirmed by Judges, and in accordance with this Act.

Council to appoint a registrar, officers of the
Court, and serjeant-at-mace.

Penalties on registrar for acting improperly.
Council may appoint clerks, criers, &c.
Registrar may appoint a deputy.
Registrar and serjeant-at-mace to give se-
curity.

Payment of salaries to deputy Judge, registrar, serjeant-at-mace, &c.

Attorneys of Superior Courts may practise;

s. 20.

Council to determine fees payable to registrar and officers of the Court. Council may alter fees.

Table of fees to be hung up.

Fees to be received by registrar and carried to account of the general fund of "The Borough Court of Record."

Registrar to render account to council or treasurer, and pay over moneys as council shall direct.

Moneys paid to treasurer to be carried to account of "The General Fund of the City Court of Record," and how to be applied.

the city fund.
Expenses of the Court may be paid out of

All powers, &c. by law vested in inferior Courts of Record in which a barrister of five years' standing presides as Judge, granted to the Borough Court of Manchester; s. 28.

Process of Court to be under seal.
No privilege allowed.

Restrictions as to plea in abatement for nonjoinder of co-defendant.

336

Manchester Court of Record-Extension of Powers.—

Witnesses out of jurisdiction may be served with subpæna; s. 32.

If rules of Court cannot be enforced, they may be made rules of one of the Superior Courts.

Causes not to be removed before judgment except by Judge's order or on security.

Writs to remove causes to be lodged within a month after declaration.

Officers taking any fee besides the fee allowed, to be discharged.

Limitation of actions for proceedings in execution of this Act.

Writs for commencement of actions.

Indorsement of debt and costs on writ and copy, with notice that proceedings will be stayed on payment within four days.

"Teste of writs.

-Court may order that the writ of summons may be served in any part of England or Wales; s. 41.

All further proceedings to be had as usual.
Proceedings to be stayed in certain cases.
Proceedings on defendant confessing part of

debt.

Applications without entering an appearance.
Mode of objecting to the jurisdiction.
Appearance and proceedings in default of

appearance.

Cost of judgment to be fixed by registrar.
Joinder of parties.

Joinder of Causes of Action.
Different causes of action may be joined;
but separate trials may be ordered.

Questions by consent without pleading. A special case may be stated for the opinion of one of the Superior Courts at Westminster. Special case to be transmitted by the registrar to the rule department.

Upon production to registrar of rule to Superior Courts, judgment to be entered; ss. 52,. 53, 54.

Pleadings in general.

Copy of the burgess roll to be delivered to registrar.

Registrar to summon jury.

Fine on jurors for non-attendance. Members of the Council, &c., exempt from serving on juries.

Mode of obtaining special jury.

Notice to registrar of trial by special jury.
Special juries.

Special juries to be summoned to try all special jury causes.

Costs of special jury.

Tales de circumstantibus.
View.

Cross judgments.

Execution.

Provision for issuing and renewing writs of execution and for maintaining precedence thereof.

Production of renewed writ, evidence of renewal.

Detention of persons in custody.

Revival of Judgment.

Proceedings to revive.

Death, marriage, and bankruptcy. Arrest of judgment and judgment non obstante veredicto.

Judgment and Execution, New Trials, and entering Nonsuits and Verdicts.

Costs may be taxed and execution issued on any day subsequent to the trial.

Judge may hold Court for trial of issues of law only.

Power to the recorder, when out of the city, to hear motions.

Rules to enter verdict, &c., to be moved before any of the Courts of Westminster by leave. Not to take away power of granting new trials.

New trials may be moved for in the Superior Courts on certain conditions.

Removal of judgments in the Superior

Objections by way of special demurrer taken Courts.

Proceedings in Error.

Proceedings in error.

No execution shall be stayed by writ of error except on certain conditions.

Construction of Statutes.-Testimonials of Perpetual Commissioners.

Examination of Witnesses unable to attend the

Trial and Witnesses Abroad. Depositions of witnesses may be taken. Compelling attendance of witnesses, or production of documents -Payment of expenses as to production of documents.

Commission to examine witnesses out of England.

Examination of prisoners.

Examination of witnesses to be taken upon

THE Testimonials required by the Lord Chief Justice in support of an application from a country solicitor to be appointed a Perpetual Commissioner for taking the acknowledgments

COMMON LAW PROCEDURE ACT.ORDER of Married Women are usually as follow:

AL SERVICE EFFECTED.-SETTING ASIDE has been admitted, and how long resident and

358

List of Sheriffs, Under-Sheriffs, Deputies, and Agents, for 1854.

SHERIFFS, UNDER-SHERIFFS,

Note.-WARRANTS are not granted in Town for those Places marked (*)

Cambridge and Hunts.

*Canterbury, City of

Cheshire

*Chester, City of *Cinque Ports

*Cornwall

*Cumberland

*Derbyshire

Devonshire Dorsetshire *Durham Essex

*Exeter, City of
*Gloucestershire
Gloucester, City of

Hampshire
Hertfordshire

Herefordshire

James Josiah Wheble, of Bulmershe Court, Esq.
George Johnston, of Berwick-on-Tweed, Esq.

Philip John William Miles, of Bristol, Esq.

Henry Horner, of Stockgrove, Leighton Buzzard, Esq.

George William Rowley, of the Priory, St. Neots, Hunts, Esq.
Joseph Jackson, of Canterbury, Esq.

Fras. Dukinfield Palmer Astley, of Dukinfield Lodge, Dukinfield, Esq.
Samuel Peacock, of Chester, Esq.

The Most Noble James Andrew, Marquis of Dalhousie
Francis Howell, of Ethy, near Lostwithiel, Esq.

Thomas Alison Hoskins, of Higham, near Cockermouth, Esq.
William Drury Lowe, of Locko Park, Esq.

Richard Sommers Gard, of Rougemont, Esq.

Sir Henry Oylander, of Parnham House, near Beaminster, Bart.
Henry John Baker Baker, of Elemore Hall, Durham, Esq.
Thomas White, of Manor House, Weathersfield, Esq.

Joseph Sheppard, of Cowley House, near Exeter, Esq.
John Henry Elwes, of Colesborne, near Cheltenham, Esq.
Robert Heane, of Gloucester, Esq.

Jeremiah Robert Ives, of Bentworth Hall, near Alton, Esq.
Robert Hanbury, of Poles, Thurnridge, Esq.
Elias Chadwick, of Puddlestone Court, Esq.
George William Rowley, of the Priory, St. Neots, Hunts, Esq.
Alexander Glendining, of Ashgrove, Sevenoaks, Esq.
Charles Liddell, of Hull, Esq.

..

Richard Fort, of Read Hall, Esq.

Henry Corles Bingham, of Wortnaby Hall, Esq.

Joseph Naden, of Lichfield, Esq.

Anthony Willson, of Ranceby Hall, Esq.

Theodore Trotter, of Lincoln, Esq.

S David Williams Wire, of 9, St. Swithin's Lane, Esq.
George Appleton Wallis, of 2, Philpot Place, Philpot Lane
Thomas Brown, of Ebbw Vale, Monmouth, Esq.
John Gibson, of Newcastle-on-Tyne, Esq.

Benjamin Bond Cabbell, of Cromer Hall, Cromer, Esq. M.P.

The Right Hon. The Lord Henley, of Waterford Hall
Widdrington, of Newton, Northumberland, Esq.
Henry Birkbeck, of Norwich, Esq.

Samuel Bagnall Wild, of Costock, Esq.

Anthony John Mundella, of Nottingham, Esq.
John William Fane, of Wormsley, Esq.

Alfred Crabb, of Poole, Esq.

Robert Lee Bradshaw, of Tinwell, near Stamford, Esq.

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Robert Aglionby Slaney, of Hatton Grange, near Shiffnal, and Walford
Manor, Shrewsbury

James Curtis Somerville, of Dinder, Esq.
Richard Coles, of Southampton, Esq.
John Davenport, of Westwood Leek, Esq.

Major Windsor Parker, of Clopton Hall, Rattlesden, Esq.
Robert Gosling, of Botleys Park, Chertsey, Esq.

John Day, of Newick, Esq.

Wm. Chas. Alston, of Elmdon Hall, Warwick, Esq.
John Wilson, of the Howe, Windermere, Esq.

Edmund Lewis Clutterbuck, of Hardenhuish Park, Chippenham, Esq.

Edward Bearcroft, of Mere Hall, Esq.

List of Sheriffs, Under-Sheriffs, Deputies, and Agents, for 1854.

-Office Hours, in Term, from 11 till 4; and in Vacation, from 11 till 3.

ENGLAND.