No. XXIII. 26 Geo. III.

c. 38.

Debtors found guilty of a fraudulent concealment of their effects, may be imprisoned for a longer term.

Debtors not liable to pay gaol fees.

Penalty on gaolers demanding such

fees.

custody, on any pretence whatsoever, more than twenty days from the commencement of this Act, or from the time of his, her, or their commitment to prison; and where the original debt does not amount to or exceed the sum of forty shillings, more than forty days from the commencement of this Act, or from the time of his, her, or their commitment as aforesaid; and all gaolers, keepers, or turnkeys, are hereby directed and required to discharge such persons accordingly.

II. And, in order the more effectually to prevent persons summoned 'for debts to the said courts from the fraudulent concealment of their money or goods;' be it enacted by the authority aforesaid, That in case, upon the summons of any person for debt before the said court or commissioners, information of any such practice shall be given, such court or commissioners shall have power to hear evidence as to such fraudulent concealment; and in case it shall be proved to their satisfaction, upon the oaths of two or more credible witnesses (which oath the said court or commissioners are hereby empowered to administer, and which oath, if falsely taken, shall subject the party or parties so taking it to all the pains and penalties of wilfull and corrupt perjury), that any such debtor has money or goods which he has wilfully and fraudulently concealed; in that case, the court or commissioners shall have power to enlarge the aforesaid times of imprisonment for debts under twenty shillings, to any time not exceeding thirty days, and for debts under forty shillings, to any time not exceeding sixty days; which said circumstance or ground of further detention shall be specified in the said commitment: and the depositions of the witnesses shall be entered in a book to be kept for that purpose by the clerk to each respective court or commissioners.

III. And be it further enacted by the authority aforesaid, That at the expiration of the said respective times of imprisonment as aforesaid, every such person or persons shall immediately be discharged and set at liberty, without paying any sum or sums of money, fee or fees, or other reward or gratuity whatsoever, to the gaoler, keeper, or turnkey of such gaol or prison, or others, by way of gaol fees, or discharge fees, or otherwise, on any pretence whatsoever; and every gaoler, keeper, or turnkey of any such gaol or prison, or others, demanding, taking, or receiving any fee or fees, sum or sums of money whatsoever, upon the discharge of any such person or persons, committed or to be committed to his custody as aforesaid, or keeping or detaining any such person or persons prisoner or prisoners, after the respective times limited by this Act, shall, for every such offence, forfeit and pay the sum of five pounds.

Two justices IV. And be it further enacted by the authority aforesaid, That it may determine shall and may be lawful to and for any two justices of the peace where offencesagainst the offence shall be committed, to hear and determine any offence this Act, against this Act; which said two justices of the peace are hereby authorised and required, upon any information exhibited or complaint made before them of such offence having been committed, to summon the party accused, and also the witnesses on either side, and to examine into the matter of fact; and upon due proof made thereof, by the oath of one or more credible witness or witnesses, or by the voluntary confession of the party, to give judgment or sentence for the penalty or forfeiture, as in and by this Act is directed, and to award and issue out their warrant under their hands and seals, for levying the said penalty of five pounds so adjudged on the goods of the offender, and to cause sale to be made thereof, in case they shall not be redeemed in four days, rendering to the party the overplus (if any); and where the goods of such offender cannot be found sufficient to answer the penalty, to commit such offender to prison, there to remain for the space of two months, unless such penalty shall be sooner paid and satisfied.

Penalties and

forfeitures how to be applied.

V. And be it further enacted, That all forfeitures and penalties inflicted by this Act (the necessary charges for the recovery thereof being first deducted) shall be divided and distributed in manner following;

that is to say, one moiety thereof to be paid to the churchwardens or No. XXIII. overseers of the poor, for the support and maintenance of the poor 26 Geo. III. of the parish in which the offence shall be committed; and the other moiety to the person or persons who shall inform and sue for the

same.

c. 38.

VI. Provided always, and be it enacted, That no person or per- Informations sons shall be liable to be convicted before any justices of the peace, to be exhibited for any offence committed against this Act, unless complaint or in- within alimited formation shall be made or exhibited against such person or persons time. within two calendar months after such offence committed.

VII. Provided also, and be it enacted, That it shall not be lawful Process not to for any such court or commissioners to issue any process against the issueagainstthe body or bodies of any person or persons, where the party entitled to body and goods the benefit of any order, judgment, or decree, shall at the same time of the same have obtained any warrant or process against the goods and chattels of the same person or persons.

person.

Penalty on

acting not being qualified.

VIII. And be it further enacted, That, from and after the twenty- Qualification fourth day of June One thousand seven hundred and eighty-six, no of commissionperson shall be capable of acting as a commissioner in the execution ers. of any of the Acts for constituting such courts, unless such person shall be a householder within the county, district, city, liberty, or place for which he shall act, and shall be possessed of a real estate of the annual value of twenty pounds, or of a personal estate of the value of five hundred pounds: And if any person not being so qualified, shall presume to act as a commissioner in the execution of any of the Acts for constituting such courts, every person so acting shall forfeit and pay the sum of twenty pounds to any person or persons who shall sue for the same, to be recovered, with full costs of suit, by action of debt or on the case, wherein no essoign, protection, privilege, or wager of law, or more than one imparlance, shall be allowed; and the person so prosecuted shall prove that he is qualified as aforesaid, or otherwise shall pay the said penalty, upon proof being given of his having acted as a commissioner in the execution of any the Acts constituting such courts: Provided always, That such action or suit shall be commenced within six calendar months next after the offence committed, and shall be laid or brought in the county, city, or place, where the offence shall be committed, and not elsewhere.

[ No. XXIV. ] 58 Geo. III. c. 30.-An Act for preventing frivolous and vexatious Actions of Assault and Battery, and for slanderous Words, in Courts. [23d May 1818.]

58 Geo. III. c. 30.

WHI WHEREAS it is desirable to prevent, as much as may be, frivolous and vexatious actions and suits of assault and battery, and for slanderous words, in inferior courts; be it therefore 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 In actions of after the passing of this Act, in all actions or suits of trespass for as- trespass for sault and battery, to be commenced in any court having, or which by assault, if dahis Majesty's writ of justicies, may have jurisdiction to hold pleas in mages aregiven actions or suits to the amount of forty shillings (other than his Ma- under40s.plainjesty's courts at Westminster, the court of Great Sessions for the prin- tiff to recover cipality of Wales, the court of Great Sessions for the county palatine only so much of Chester, the Court of Common Pleas for the county palatine of costs as daLancaster, or the Court of Pleas for the county palatine of Durham), mages so given. if the jury upon the trial of the issue in such action, or the jury that shall inquire of the damages, do find or assess the damages under forty shillings, then the plaintiff or plaintiffs in such action or suit shall have and recover only so much costs as the damages so

No. XXIV. given or assessed amount unto, without any further increase of the 58 Geo. III. same; any law, statute, custom, or usage to the contrary in any wise c. 30. notwithstanding.

If damages be laid under 40s. and the jury shall assess

damages under 30s. the plain

tiff shall recover only costs to the

amount of da mages given.

1 George IV. c. 14.

Power to justices, acting in any place not being a

county,to commit offenders to the gaol of the county.

Justices may bind over witnesses by recognizance to give evidence at the sessions of oyer and terminer; and

II. And be it further enacted, That in all actions or suits of assault and battery, or for slanderous words, to be sued or prosecuted in any court whatsoever which hath not jurisdiction to hold plea to the amount of forty shillings, in such actions or suits, if the jury upon the trial of the issue in such action or suit, or the jury that shall inquire of the damages do find or assess the damages under thirty shillings, then the plaintiff or plaintiffs in such action or suit shall have and recover only so much costs as the damages so given or assessed shall amount to, without any further increase of the same; any law, statute, custom, or usage to the contrary notwithstanding.

[ No. XXV.] 60 Geo. III. and 1 Geo. IV. c. 14.-An Act to remedy certain Inconveniences in local and exclusive jurisdictions. [28th February 1820.] WHEREAS the trial of capital offences before justices of peace, within local and exclusive jurisdictions not being counties, may be attended with inconvenience, and it is desirable that some remedy should be provided for the same; be it therefore 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 justices of the peace acting within and for any town, liberty, soke, or place, not being a county, but having an exclusive jurisdiction for the trial of felonies and misdemeanors committed within the same, shall, from and after the passing of this Act, have full power within their respective limits, at their discretion, to commit any person duly charged before them, or any of them, with any capital offence committed within such limits, to the gaol of the county within which such town, liberty, soke, or place shall be situated, there to be tried at the next session of oyer and terminer or general gaol delivery, to be held in and for such county, in the same manner as if such offence had been committed within any other part of the same county, and as if such person had been committed by any justice of the same county, not being within such limits.

II. And be it further enacted, That in all cases where any justice or justices of the peace, under the authority of this Act, shall commit any person to the county gaol, it shall be lawful for such justice or justices, and be and they is and are hereby authorised and required also to bind over all necessary parties and witnesses by recognizance, to prosecute and give evidence against such offenders at the next sessions of oyer and terminer and general gaol delivery, and to transmit such recognizance, and all depositions taken before him or them relating to the charge, to the clerk of the crown, clerk of assize, or other proper officer, to be filed in the court of oyer and terminer and general gaol delivery for such county, to the intent that the same may be used or put the crown, &c. in force by the judge or judges of the said court, as he or they shall deem proper, according to law.

transmit depo

sitions taken

before them to the clerk of

Expenses of the prosecution to be paid by the town or place within which the offence shall be committed.

III. Provided always, and be it further enacted, That in all cases of any commitment to the county gaol, under the authority of this Act, all the expenses to which the county may be put by reason of such commitment, together with all such expenses of the prosecution and witnesses as the judge shall be pleased to allow by virtue of any law now in force, shall be borne and paid by the said town, liberty, soke, or place within which such offence shall have been committed, in like manner and to be raised by the same means whereby such expenses would have been raised and paid if the offender had been prosecuted and tried within the limits of such exclusive jurisdiction; and that

c. 23.

the Judge, or Court of Oyer and Terminer and general gaol delivery, No. XXVI. shall have full power and authority to make such order touching 6 Geo. IV. such costs and expences as such Judge or court shall deem proper; and also to direct by whom and in what manner such expenses shall in the first instance be paid and borne, and in what manner the same shall be repaid and raised within the limits of such exclusive jurisdiction, in case there be no treasurer or other officer within the same, who by the custom and usage of such place ought to pay the same in the first instance.

[No. XXVI.] 6 George IV. c. 23.-An Act for the better Regulation of the Sheriff and Stewart and Burgh Courts of Scotland.-[20th May 1825.]

HEREAS by an Act made in the twentieth year of the reign of

WH

His Majesty King George the Second, intituled An Act for taking 20 G. II. c. 43. away and abolishing the Heritable Jurisdictions in Scotland, and making Satisfaction to the Proprietors thereof, and restoring such Jurisdictions to the Crown; and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom, by the King's Courts and Judges there, the Court of Session in Scotland is directed and required to take into their consideration what fees they shall judge reasonable to be paid to the clerks or other officers officiating in the Circuit Courts, or in the Courts of Sheriffs or Stewarts, in civil causes, and regulate the same by one or more Act or Acts of Sederunt, on or before the twenty-fifth day of March one thousand seven hundred and forty-eight, which shall be binding upon all parties concerned, unless and until the same shall be altered by Act of Parliament; and the Court of Justiciary shall in like manner take into their consideration what fees they shall judge reasonable to be paid to the clerks or other officers officiating in the Circuit Courts, or in the Sheriff or Stewart Courts, in criminal cases, and shall regulate the same by one or more acts of adjournal, on or before the said twenty-fifth day of March, which shall in like manner be binding on all parties concerned, unless or until the same shall be altered by Act of Parliament: And whereas, pursuant to the foresaid Act of His said Majesty King George the Second, the Lords of Session, by Act of Sederunt, passed on the sixteenth day of March one thousand seven hundred and forty-eight, did regulate the fees payable to the said officers in civil causes; and also the Court of Justiciary in like manner, by act of adjournal passed on the twenty-first day of March one thousand seven hundred and forty-eight, regulated the fees payable to the said officers in criminal causes: And whereas no power was given by the above-recited Act to revise from time to time the fees so regulated, and the same have become in consequence unsuitable: And whereas by a warrant under the sign manual of His Royal Highness the Prince Regent, acting in the name and on the behalf of His late Majesty King George the Third, dated the eighth day of February one thousand eight hundred and fifteen, Commissioners were appointed for inquiring into the duties salaries and emoluments of the several officers clerks and ministers of justice of the courts of Scotland, and for reporting what regulations might be fit to establish respecting the same; which Commissioners have accordingly made several reports, which have been laid before Parliament, and in which it is recommended that certain regulations with respect to fees and otherwise should be made in regard to the Sheriff or Stewart Courts in Scotland; and it is therefore expedient that power should be given to the said Court of Sessions and Justiciary, to revise the foresaid Acts of Sederunt and Adjournal respectively, and to amend and regulate the said fees in the said Sheriff and Stewart Courts, and also in the Burgh Courts in Scotland: Be it therefore 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 * I

VOL. IV.

No. XXVI. 6 Geo. IV.

c. 23.

Courts of Session and Justiciary to revise Act of Sederunt and

of the same, That power shall be given to the Court of Session in Scotland, and the said court is hereby directed required and empowered to revise the said Act of Sederunt passed on the said sixteenth day of March one thousand seven hundred and forty-eight, and of new to take into their consideration what fees they shall judge reasonable hereafter to be exacted by the clerks, or by the practitioners or officers in the Courts of Sheriffs and Stewarts, in civil causes, and in all the various departments of business in use to be exercised by them, or which may be hereafter from time to time committed to them, and to regulate the same by Act of Ad- one or more Act or Acts of Sederunt to be passed from time to time as journal made the court shall see cause, the said court in so doing always taking into in 1748, as to consideration the report of the said Commissioners herein-before menfees inSheriffs' tioned in that behalf; and the Court of Justiciary are hereby directed required and empowered in like manner to revise the said Act of Adjournal passed on the twenty-first day of March one thousand seven hundred and forty-eight, and of new to take into their consideration what fees they shall judge reasonable hereafter to be paid to the clerks practitioners or officers in Sheriffs or Stewarts Courts in criminal causes, and to regulate the same, as also the course of proceeding in criminal causes before the same, by one or more Act or Acts of Adjournal to be passed by them from time to time as they shall see cause; which fees, as regulated by the said courts respectively, shall be binding on all parties concerned, unless or until the same be altered by any new Act or Acts of Sederunt or Adjournal, which the said Court of Session or Court of Justiciary may see proper and necessary to pass in time coming.

and Stewarts'

Courts.

Court of Ses

sion to frame Regulations as to abridging Extracts, and

for the Consignation of money.

II. And be it enacted, That the said Court of Session shall and they are hereby authorized and required to frame, or to cause to be framed, proper and suitable regulations for abridging the forms of extract of the decrees of the said Sheriff and Stewart Courts, and also for consignation in a public bank or banking company of monies received by the Sheriff or Stewart clerk, or any other person, by reason of any proceeding in any such Sheriff or Stewart Court, regard being always had to the forms for extract prescribed by an Act passed in the fiftieth year of the reign of His 50 G. 3. c. 112. late Majesty King George the Third, intituled An Act for abridging the Form of extracting Decrees of the Court of Session in Scotland, and for the Regulation of certain Parts of the Proceedings of that Court: Provided always, that during the lifetime of any person at present holding for life the office of clerk in any such court, or so long as any such clerk shall hold his office, whose emoluments may be affected by any such regulations or table of fees, no such clerk shall be bound to accept the same in lieu of the fees or emoluments to which he is now legally entitled, unless he thinks fit so to do; and all such regulations and fees so to be framed and settled, shall be established in such manner as to be postponed during the lifetime of any such clerk, or so long as he shall hold the same, unless such clerk shall at any time agree to accept the fees so to be settled and fixed, as appertaining to his office, in lieu of the fees and emoluments to which such clerk is now legally entitled, in which case he shall thereafter be bound and obliged to accept the same.

Five Sheriffs to be appointed to report Regulations.

Whereupon Regulations to be established by Act of Sederunt.

III. And for the better accomplishing the purposes aforesaid, be it enacted, That so soon as conveniently may be after the passing of this Act, the said Court of Session shall, and the said court is hereby directed and required to appoint, by a commission, duly executed by that court, five Sheriff's depute, for the purpose of reporting to the said court, and to the said Court of Justiciary respectively, such regulations and such tables of fees in the several Sheriff or Stewart Courts in Scotland, as in their opinion ought to be established therein; the said court in so doing taking into consideration the reports of the said commissioners in that behalf. IV. And be it enacted, That after a report or reports shall be made by the said five Sheriffs to the said Court of Session and Court of Justiciary respectively, as to the several matters and things upon which they shall be directed to report, it shall and may be lawful for the said courts, or either of them, if they think fit, to require explanations or information relative to any part of such report or reports, and to have conferences