sheriffs are, by virtue of the said recited Act, intitled to the poundage 'therein mentioned, for taking the body of any person in execution, upon judgments obtained upon bail bonds, entered into for the appearance of persons prosecuted for offences against the laws relating to his Majesty's revenues of customs or excise, such bail bonds being prose'cuted in the name and at the suit of the sheriffs to whom such bail bonds are given, though the sheriffs prosecuting such bonds are merely trustees in the suits, for the benefit of the Crown, and the • sheriff's executing such process, would not in those cases be intitled to any poundage, if the proceedings were carried on in the name of the Crown; by means whereof the intent of the laws relating to the revenues of the customs and excise will in such cases be so far defeated:' To remedy which inconvenience for the future, May it please your Majesty, that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the said recited Act shall not extend, or be construed to extend, to allow any sheriff, undersheriff, or other person whatsoever employed in the execution of process, any poundage, for taking the body of any person in execution upon any process at the suit of any sheriff, or other officer or minister of the Crown, upon any bail bond entered into for the appearance of any person prosecuted, either for any duties due or payable to his Majesty, his heirs or successors, or for any penalty inflicted by any Act of Parliament made or to be made for the preventing the clandestine running or receiving any customable or prohibited goods; or in any case whatsoever where the sheriff or officer executing such process would not be intitled to poundage, if the proceedings were or had been carried on directly in the name of the Crown; any thing in the said recited Act, or any other Act, to the contrary notwithstanding. [No. XXIX. ] 33 George III. c. 5.-An Act for the fur- [ No. XXX. ] 37 George III. c. 85.-An Act to amend so much of an Act, made in the thirty-second Year of the Reign of King George the Second, intituled, "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons; and to oblige Debtors, who shall continue in Execution in Prison beyond a certain Time, and for Sums not exceeding what are mentioned in the Act, to make Discovery of, and deliver upon Oath, their Estates, for their Creditors' Benefit," as relates to the weekly Sums thereby directed to be paid to Prisoners in Execution for Debt, in the Cases therein mentioned.-[19th June, 1797.] [ [Inserted Class II. No. 33.] No. XXXI.] 43 George III. c. 46.-An Act for the more effectual Prevention of frivolous and vexatious VOL. III. No. XXXI. 43 Geo. III. c. 46. Arrests and Suits; and to authorize the levying of [Inserted Class III. No. 36.] [No. XXXII:] 48 George III. c. 123.-An Act for the Discharge of Debtors in Execution for small Debts, from Imprisonment in certain Cases.-[30th June 1808.] [Inserted Class III. No. 38.] [No. XXXIII. ] 56 George III. c. 50.-An Act to regulate the Sale of Farming Stock taken in Execution.[20th June 1816.] 56 George III. W! c. 50. No sheriff or other officer shall sell or carry off from any lands any straw, chaff, or turnips, in any case, nor any hay or other produce contrary to the covenant. Tenant to give notice of the existence of covenants; and sheriff to give notice to the owner or landlord, HEREAS it is expedient that the execution of legal process should be so regulated, as to be consistent with good husbandry, and the effect and intent of covenants and agreemeuts entered into between the owners and occupiers of land let to farm; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, no sheriff or other officer in England or Wales, shall, by virtue of any process of any court of law, carry off or sell, or dispose of for the purpose of being carried off, from any lands let to farm, any straw threshed or unthreshed, or any straw of crops growing, or any chaff, colder, or any turnips, or any manure, compost, ashes, or seaweed, in any case whatsoever, nor any hay, grass or grasses, whether natural or artificial, nor any tares or vetches, nor any roots or vegetables, being produce of such lands, in any case where, according to any covenant or written agreement, entered into and made for the benefit of the owner or landlord of any farm, such hay, grass or grasses, tares and vetches, roots or vegetables, ought not to be taken off or withholden from such lands, or which, by the tenor or effect of such covenants or agreements, ought to be used or expended thereon, and of which covenants or agreements, such sheriff or other officer shall have received a written notice before he shall have proceeded to sale. II. And be it further enacted, That the tenant or occupier of any lands let to farm, against whose goods any process of law shall issue, whereby such goods may be taken and sold, shall, on having knowledge of such process, give a written notice to the sheriff or other officer executing the same, of such covenants or agreements whereof he or she shall have knowledge, and which may relate to and regulate, or are intended to regulate the use and expenditure of the crops or produce grown or growing thereon, and also of the name and residence of the owner or landlord of such lands; and such sheriff or other officer shall forthwith, on executing such process, and before any sale shall have been proceeded in, send a notice by the general post to the owner or landlord of such lands, in all cases where such owner or landlord shall be resident in any part of this United Kingdom, and shall have been made known to and ascertained by such sheriff or other officer, and also to the known steward or agent of such landlord or owner, in respect of such lands, stating to such owner, landlord and agent, the fact of possession having been taken of any crops or produce hereinbefore mentioned; and such sheriff or other officer shall, in all cases of the absence or silence of such landlord or owner, or his or her agent, postpone and delay the sale of such crops or produce until the latest day he lawfully can or may appoint for such sale. c. 50. III. Provided always, and be it further enacted, That such sheriff or No XXXIII. other officer executing such process, may dispose of any crops or produce 56 Geo. III. herein-before mentioned, to any person or persons, who shall agree in writing with such sheriff or other officer in cases where no covenant or written agreement shall be shown, to use and expend the same on such Sheriff may lands, in such manner as shall accord with the custom of the country; and in cases where any covenant or written agreement shall be shown, dispose of prothen according to such covenant or written agreement; and after such duce, subject sale or disposal so qualified, it shall be lawful for such person or persons ment to exto use all such necessary barns, stables, buildings, outhouses, yards and pend it on the fields, for the purpose of consuming such crops or produce, as such sheriff land. or other officer shall allot or assign to them for that purpose, and which such tenant or occupier would have been entitled to and ought to have used for the like purpose on such lands. to an agree sign agreement to land lord. IV. And be it further enacted, That such sheriff or other officer shall Sheriff to ason the request of any landlord or owner who shall be aggrieved by any breach of such agreement, permit such landlord or owner to bring any action or actions in the name of such sheriff or other officer, for the recovery of damages in respect of such breach, such landlord or owner having nevertheless fully indemnified such sheriff or other officer against all costs whatsoever, and all loss and damage, before any such action shall be commenced. V. And be it further enacted, That such sheriff or other officer shall, before any sale of any crops or produce of any lands let to farm shall be proceeded in, make, by all ways and means, due enquiry within the parish where such lands shall be situate, as to the name and residence of the landlord or owner of such lands. VI. And be it further enacted, That in all cases where any purchaser or purchasers of any crop or produce herein-before mentioned, shall have entered into any agreement with such sheriff or other officer, touching the use and expenditure thereof on lands let to farm, it shall not be lawful for the owner or landlord of such lands to distrain for any rent on any corn, hay, straw, or other produce thereof, which, at the time of such sale and the execution of such agreement, entered into under the provisions of this Act, shall have been severed from the soil, and sold, subject to such agreement, by such sheriff or other officer; nor on any turnips, whether drawn or growing, if sold according to the provisions of this Act; nor on any horses, sheep or other cattle, nor on any beast whatsoever, nor on any waggons, carts or other implements of husbandry, which any person or persons shall employ, keep, or use on such lands, for the purpose of threshing out, carrying or consuming any such corn, hay, straw, turnips, or other produce, under the provisions of the Act, and the agreement or agreements directed to be entered into between the sheriff or other officer and the purchaser or purchasers of such crops and produce, as herein-before are mentioned. VII. And be it further enacted, That no sheriff or other officer shall, by virtue of any process whatsoever, sell or dispose of any clover rye-grass or any artificial grass or grasses whatsoever, which shall be newly sown, and be growing under any crop of standing corn. VIII. Provided always, and be it enacted, That this Act shall not extend to any straw turnips or other articles, which the tenant may remove from the farm consistently with some contract in writing. Sheriff to enquire as to the name and re sidence of the Landlord. Landlords not to distrain for rent on Purchasers of crops severed from the soil, or other things sold subject to Agreement. Sheriff not to sell any clover, &c., growing with corn. Act not to affect contracts. IX. And be it further enacted, That in every case where any action Sheriff not to shall be brought against such sheriff or other officer, for any breach of be liable for or omission of compliance with the provisions of this Act, no plaintiff Damages, un. shall be entitled to recover any daniages against such sheriff or other less for wilful officer, unless it shall be proved on the trial of such action, that such omission. breach or omission was wilful on the part of such sheriff or other officer. X. And be it further enacted, That no sheriff or under-sheriff, nor any or either of their deputies, agents, bailiffs, or servants, nor any person or persons who shall purchase any hay, straw, chaff, turnips, grass or grasses, or other produce and things herein-before mentioned, under the proVOL. III. No.XXXIV. visions of this Act, nor his her or their servant or servants, shall be 3 Geo. IV. deemed or taken to be a trespasser by reason of his her or their coming c. 39. upon or remaining in possession of any barns or other buildings yards or fields, for the purpose of threshing out or consuming any straw, hay, turnips, or other produce herein-before mentioned, under the provisions of this Act, or for doing any matter or thing whatsoever, fit and necessary to be done for the purpose of executing the same, and carrying into effect all stipulations contained in any agreement made under such provisions, though such acts shall have been done by such sheriff or other officer, and by such person or persons, his her or their servants, after the return of the process under which such sheriff or other officer shall have acted. Indemnity to Sheriff and others acting under the visions of this Act. pro Assignee of not to take any other way than the Bankrupt would have been entitled to do. XI. And be it further enacted, That no assignee of any bankrupt, or of any insolvent debtor's estate, nor any assignee under any bill of sale, nor any purchaser of the goods, chattels, stock or crop, of any person or persons engaged or employed in husbandry on any lands let to farm, shall take use or dispose of any hay, straw, grass, or grasses, turnips, or other roots, or any other produce of such lands, or any manure, compost, ashes, sea-weed, or other dressings intended for such lands, and being thereon, in any other manner and for any other purpose than such bankrupt, insolvent debtor, or other person so employed in husbandry, ought to have taken used or disposed of the same, if no commission of bankruptcy had issued, or no such assignment or assignments had been executed, or sale made. [ No. XXXIV.] 3 George IV. c. 39.-An Act for preventing Frauds upon Creditors, by secret Warrants of Attorney to confess Judgment.-[24th June 1822.] 3 G. IV. c. 19. WHEREAS injustice is frequently done to creditors by secret warrants of attorney to confess judgments for securing the payment of money; whereby persons in a state of insolvency are enabled to keep up the appearance of being in good circumstances, and the persons holding such warrants of attorney have the power of taking the property of such insolvents in execution at any time, to the exclusion of the rest of their creditors: For remedy whereof, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the twenty-ninth day of September next, if the holder thereof shall think fit, every warrant of attorney to confess judgment in any personal action, or a true copy thereof, and of the attestation thereof, and the defeasance and indorsements thereon, in case such warrant of attorney shall be given to confess judgment in his Majesty's Court of King's Bench at Westminster, or such a true copy thereof as aforesaid, in case such warrant of attorney shall be given to confess judgment in any other court, shall, within twenty-one days after the execution of such warrant of attorney, be filed, together with an affidavit of the time of the execution thereof, with the clerk of the dockets and judgments in the said Court of King's Bench. Warrants of Attorney in personal actions to be filed within twenty-one Days. Where a Commission of Bankrupt shall issue against the person giving a Warraut of Attorney, the Warrant shall be deemed II. And be it further enacted, That from and after the said twentyninth day of September next, if at any time after the expiration of twentyone days next after the execution of such warrant of attorney, a commission of bankrupt shall be issued against the person who shall have given such warrant of attorney, under which he shall be duly found and declared a bankrupt, then and in such case, unless such warrant of attorney, or a copy thereof, shall have been filed as aforesaid, within the said space of twenty-one days from the execution thereof, or unless judgment shall have been signed, or execution issued on such warrant of attorney, within fraudulent and the same period, such warrant of attorney, and the judgment and execution thereon, shall be deemed fraudulent and void against the assignees the same shall have been filed as before directed. void, unless under such commission, and such assignees shall be entitled to recover No.XXXIV. back and receive, for the use of the creditors of such bankrupt at large, all and every the monies levied or effects seized under and by virtue of such judgment and execution. III. And whereas the object of the said provision may be defeated by any person giving a cognovit actionem instead of a warrant of attorney to confess judgment; be it further enacted, That every cognovit actionem, given by any defendant in any personal action, in case the action in which such cognovit actionem shall be given shall be in the said Court of King's Bench, or a true copy of such cognovit actionem in case the action wherein the same is given shall be in any other court, shall, together with an affidavit of the time of the execution thereof, be filed with the said clerk, in like manner as such warrants of attorney, or copies thereof and affidavits, within the space of twenty-one days after such cognovit actionem shall have been executed, otherwise such cognovit actionem, and any judgment entered up thereon, and any execution taken out on such judgment, shall be deemed fraudulent and void against the assignees of the person giving such cognovit actionem, under a commission of bankrupt issued against hini, after the expiration of the said space of twenty-one days, in like manner as warrants of attorney, and judgments and executions thereon, are deemed and taken to be fraudulent and void by this Act. IV. And be it further enacted, That if such warrant of attorney or cognovit shall be given subject to any defeasance or condition, such defeasance or condition shall be written on the same paper or parchment on which such warrant of attorney, or cognovit actionem, shall be written, before the time when the same or a copy thereof respectively shall be filed, otherwise such warrant of attorney, or cognovit actionem, shall be null and void to all intents and purposes. V. And be it further enacted, That the said officer of the said court of King's Bench shall cause every warrant of attorney and cognovit actionem in any personal action, and every copy thereof, filed in his said office, to be numbered, and shall keep a book or books in his said office in which he shall cause to be fairly entered an alphabetical list of every such warrant of attorney or cognovit, containing therein the names and additions and descriptions of the respective defendants or persons giving such warrants of attorney or cognovits, and also the names additions and descriptions of the plaintiff or persons in whose favour the same shall have been given, together with the number and the dates of the execution and filing of the same, or of a copy thereof respectively, and the sums for which judgment is to be entered up, and also the sums which are specified to be paid by the defeasances or conditions in each warrant of attorney or cognovit actionem, and the times when the same are thereby made payable according to the form contained in the schedule to this Act; which said book or books, and every warrant of attorney and cognovit actionem, or copy thereof, filed in the said office, shall be searched and viewed by all persons at all seatonable times, paying to the officer for every search against one person the sum of sixpence, and no more. VI. And be it further enacted, That the said officer shall be entitled to receive, for his trouble in filing and entering such warrant of attorney or cognovit, or a copy thereof as aforesaid, the sum of one shilling, and no more. VII. And be it further enacted, That any person shall be entitled to have an office copy of each warrant of attorney or cognovit actionem, or of the copy thereof, filed as aforesaid, upon paying for the same at the like rate as for office copies of judgments in each of such courts respectively. VIII. And be it further enacted, That it shall be lawful for any of the judges of the court in which such warrant of attorney or cognovit actionem is given to order a memorandum of satisfaction to be written upon such warrant of attorney, cognovit actionem, or copy thereof respectively, as aforesaid, if it shall appear to him that the debt for which such warrant of attorney or cognovit actionem is given as a security shall have been satisfied or discharged. * Z 2 3 Geo. IV. c. 39. Every Cognohe filed in like vit actionem to manner, or void against Creditors. Defeasance of every Warrant of Attorney or Cognovit to be written on the same Paper. Officer of Court to keep a Book containing Particulars of each Warrant of Attorney and Cognovit. Fee of 1s. for filing Warrants of Attorney and Cognovits. Office Copies to be given, on paying the usual rates for Copies of Judgments. Satisfaction may be entered on Warrants of Attorney and Cognovits. |