No. LII.

5 Geo. IV. c. 106.

No Certiorari to be allowed without Notice.

Fees and King's Silver on Fines and

Recoveries, to be the same as

in the Common Pleas at Westminster.

The present Fees continued till the Termination of the Patents.

Regulations as to the levying of Fines in Wales.

Wales in which the cause of action shall be laid, to arise against any defendant or defendants so resident in the dominion of Wales, and obtaining full costs in such action, if the judge before whom the cause shall be tried shall certify on the back of the record that the title or freehold of land was chiefly in question, or that such cause was proper to be tried in such English county.

XXIII. And for better preventing vexatious delays and expences occasioned by the suing forth writs of certiorari for the removal of actions, suits, causes, or other proceedings at law, commenced and carried on in any of His Majesty's Courts of Great Session in Wales, and for regulating in future the issuing of such writs; be it further enacted, That from and after the sixth day of November which shall be in the year of our Lord one thousand eight hundred and twenty-four, no writ of certiorari shall be granted issued forth or allowed to remove any action, bill, plaint, cause, suit, or other proceeding at law whatsoever, originated in or commenced, carried on or had in any of His Majesty's Courts of Great Sessions in Wales, unless it be duly proved upon oath that the party or parties suing forth the same hath or have given seven days' notice thereof in writing to the other party or parties concerned in the action, bill, plaint, cause, suit or other proceeding sought to be so removed, and unless the party or parties so applying or suing forth such writ shall, upon oath, show to the court in which application shall be made sufficient cause for issuing such writ, and so that the party or parties therein concerned may have an opportunity to show cause, it he or they shall so think fit, against the issuing or granting such certiorari, and that the costs of such application be in the discretion of the court wherein such application shall be made for such certiorari.

XXIV. And whereas the sum or sums of money now demandable and payable for fines and recoveries levied and suffered at the several Courts of Great Sessions in Wales, is and are unequal and uncertain in the amount; be it further enacted, That from and after the passing of this Act, the Fees to be paid on any fine or recovery so levied or suffered, and the amount of King's silver to be paid thereon, shall be in the same proportion, and ascertained and calculated in the same manner by the proper officer, as the fees and King's silver now usually payable on fines and recoveries levied and suffered in His Majesty's Courts of Common Pleas at Westminster, and shall not exceed the same.

XXV. Provided always, and be it further enacted, That in all and every case where such fees and King's silver are now payable to any person or persons duly authorized to receive and compound for the same, under and by virtue of any patent or patents for any term or terms now in existence, within the respective Courts of Great Sessions in Wales, the same sum or sums as is or are now demandable and payable under and by virtue of such patent or patents, shall be hereafter paid during the term or terms granted by such patent or patents; but that when and as often as such term or terms shall respectively cease expire and determine, the said sum or sums of money thereafter payable upon levying or suffering of any such fines and recoveries, as King's silver or fees thereon, within the limits of the jurisdiction of the Court or Courts of Great Sessions in such patent or patents named, and the term or terms whereof shall have so ceased expired and determined, shall immediately after any such expiration and determination, be thenceforth in the same proportion, and be ascertained and calculated in the same manner by the proper officer, as the fees and King's silver now usually payable on fines and recoveries levied and suffered in the said Court of Common Pleas, and shall not exceed the same.

XXVI. And whereas fines can now be levied in the said Courts of Great Sessions within the dominion of Wales twice only in the year, and it is expedient to give to His Majesty's subjects possessing lands tenements and hereditaments within Wales, the power of levying such fines four times in the year, in like manner as the subjects of the realm of England can now levy the same; be it therefore further enacted, That from and after the passing of this Act it shall and may be lawful for the

cursitor of each and every Court of Great Sessions in Wales, to issue any writ or writs of covenants, for the purpose of levying any fine or fines within the jurisdiction of such courts respectively, such writs to be issued and be tested, and bear date fourteen days at least before the first day of Hilary Term, or fourteen days at least before the first day of Trinity Term in each and every year; and the several cursitors, and each and every of them, are hereby required so to do as often as applied to for that purpose, on payment of the usual fee or fees now demandable on any writ of covenant; and that all and every writ or writs so tested or bearing date as aforesaid be made returnable on the said first day of Hilary Term, and the said first day of Trinity Term respectively, in each and every such year; and that upon an acknowledgment of such fine or fines by the proper parties to the same, taken before a Judge of such court respectively, or by virtue of any dedimus potestatem, which the said cursitor or cursitors is and are hereby also required to grant, as often as the same be necessary; and on the allocatur of a Judge of the Court of Great Sessions within whose jurisdiction the fine may be so levied, in like manner in which such allocatur is given when a fine is acknowledged on any dedimus potestatem, or otherwise during the sitting of such Courts of Great Sessions, and on a certificate made on the back of any such writ or writs of covenant by the proper officer of such court, of the actual payment of King's silver payable upon every such fine or fines; and which certificate such proper officer is hereby required to make upon payment of such King's silver, at the costs and charges of any person or persons paying the same, such fine or fines shall have full force and effect, and be deemed to be fully completed from the said first day of Hilary Term, or the said first day of Trinity Term, on which the said writ or writs shall be made returnable as aforesaid; and proclamation, if necessary, shall be made of such fine or fines at the next ensuing Great Sessions, and at the two following Great Sessions, according to law; and all such fine and fines shall operate and enure, and shall be equally binding upon all lands tenements and hereditaments, and upon all parties privy thereto, from the said first day of Hilary Term, and the said first day of Trinity Term, in like manner as if the same was or were levied during the sitting of the Court of Great Sessions, within the jurisdiction of which such lands tenements and hereditaments are situated.

XXVII. And be it further enacted. That all and every fine and fines hereafter levied in Wales, shall take effect and enure, and be deemed complete from the date of the caption of the acknowledgment taken in such fine or fines, and on the payment of King's silver due thereon, notwithstanding the death or deaths of any party or parties to such fine or fines after such acknowledgment.

XXVIII. And be it further enacted by the authority aforesaid, That Persons autofrom and after the passing of this Act, any person authorized to take rized to take affidavits as a Commissioner in the Courts of King's Bench Common affidavits. Pleas and Exchequer, or a Master extraordinary in the High Courts of Chancery in the United Kingdom, are hereby authorized to take any affidavit of and concerning any matter or matters arising, or fines or recoveries levied or suffered within the said respective Courts of Great Sessions, in like manner as any affidavit is now taken in the said last-mentioned Courts of King's Bench, Common Pleas, Exchequer, or Chancery, of and concerning any fines or recoveries levied or suffered, or any cause matter or thing depending or in anywise concerning any of the proceedings arising or being within the last-mentioned courts.

XXIX. And for the better regulation of persons hereafter serving as Qualification petit jurymen at any of the said Courts of Great Sessions; be it further en- of Jurymen. acted, That from and after the first day of July which shall be in the year one thousand eight hundred and twenty-four, no person shall be compellable to serve on any petit jury at any such Court of Great Sessions, unless he possess an estate of freehold or copyhold of the clear yearly value of eight pounds or upward, or any estate for the term of any life or lives, or for the term of ninety-nine years from the commencement of such estate, of the clear yearly value of fifteen pounds.

No. LIV. 7 Geo. IV.

c. 17.

[No. LIII.] 6 George IV. c. 97.-An Act for the better Preservation of the Peace and good Order in the Universities of England.—[5th July 1825.]

WHEREAS it is expedient to add to the means anciently provided for

maintaining peace and good order in the Universities of Oxford and Cambridge: 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 Chancellor or of the same, That it shall be lawful for the Chancellor or Vice Chancellor Vice Chancel- of the said Universities respectively, to appoint such number of able men lor of Univer- as he shall think fit to be constables in and for the said Universities resities may ap- spectively who shall continue in office either during good behaviour or during point Conpleasure, or for such period of time, either defined or dependent on future stables. circumstances, as such Chancellor or Vice Chancellor shall direct; and to every man so appointed such Chancellor or Vice Chancellor shall administer an oath well and faithfully to execute the office of constable, within the precincts of the University for which he shall be appointed, during his continuance in office, and shall deliver to every such man a certificate of his having been so sworn, expressing the duration of his continuance in office, which certificate shall be evidence of his having been duly appointed; and every man so sworn shall have full power to act as a constable within the precincts of the University for which he shall be appointed, and four miles of the same University, for the time expressed in the certificate, unless he shall be sooner dismissed therefrom by the Chancellor or the Vice Chancellor for the time being; and shall within the precincts of the University, and four miles of the same, and during his continuance in office, be subject to the like powers and authorities of His Majesty's Justices of the Peace within the limits of their respective jurisdictions, as other constables are subject to, and have and enjoy all such powers and authorities, privileges, immunities, and advantages as any constables hath or shall have within his constablewick: Provided always, that every such constable, for any act done by him in the execution of his office, shall be liable to be sued or indicted in the courts of common law, notwithstanding such constable may be a member of the University, and notwithstanding any claim of cognizance or privilege whatsoever.

In absence of Chancellor and Vice

II. And be it further enacted, That in the absence of the Chancellor and Vice Chancellor, it shall be lawful for any pro Vice Chancellor or deputy Vice Chancellor, to execute the powers given by this Act.

Chancellor, Deputy may act.

Punishing
Prostitutes.

III. And be it further enacted, That every common prostitute and night walker found wandering in any public walk street or highway within the precincts of the said University of Oxford, and not giving a satisfactory account of herself, shall be deemed an idle and disorderly person, within the true intent and meaning of an Act passed in the last Session of 5 G. IV. c. 83. Parliament, intituled An Act for the Punishment of idle and disorderly Persons, and Rogues and Vagabonds, in that part of Great Britain called England, and shall and may be apprehended and dealt with accordingly.

Public Act.

IV. And be it further enacted, That this Act shall be deemed to be a public Act; and shall be judicially taken notice of as such by all Judges Justices and other persons whomsoever, without being specially pleaded.

[No. LIV.] 7 George IV. c. 17.-An Act for remedying Inconveniences in the Administration of Justice, arising from the present Vacancy of the See of Durham, and for preventing the like in future.-[11th April 1826.]

WH

HEREAS the office of Sheriff in the County Palatine of Durham is held by grant of the Bishop of Durham for the time being, during

7

No. LIV.

Geo. IV.

c. 17.

The last Sheriff, &c. of Durham to continue in office for Six

Months from the decease of

the pleasure of the same Bishop, and the see of Durham is now vacant by the decease of the late Bishop thereof; and by reason of his decease the said office of Sheriff hath also become vacant, and there was no officer legally authorized to return jurors or to execute writs at the General Quarter Session of the Peace for the said County Palatine in the week after the clause of Easter; and it is necessary to provide a remedy for the inconveniences which may ensue therefrom, and in other respects from the vacancy of the said office of Sheriff: 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 last Sheriff of the said County Palatine, his deputy or deputies, and all other officers and ministers of justice within the same, whose offices determined on the decease of the late Bishop of the said see, shall be, and they are hereby continued in their respective offices from the decease of the said late Bishop for the term of six calendar months thence next ensuing, in as full and ample manner to all intents and purposes as if the said see had not become vacant, unless the succeeding Bishop of the said see shall sooner determine the same or any of them; and that the said Sheriff officers and minister respectively, shall have the like power and authority of executing and returning all writs and precepts to him or them directed or to be directed, and of doing all other acts to their respective offices appertaining, as fully and effectually as if the said see had not become same. vacant; and that all trials and other proceedings had and taken, or to be Proceedings had and taken, in the Court of Quarter Session holden for the said County at the last Palatine in the week after the clause of Easter, or at any adjournment Easter Quarthereof; and all judgments and orders there pronounced and made, and ter Session all sentences and punishments there passed and awarded, shall be good valid and effectual to all intents and purposes whatsoever, any law or usage to the contrary notwithstanding: Provided always, that nothing herein contained shall be construed to legalise or render valid any act which would not have been legal or valid if the said see had not become

vacant.

the late Bishop unless suc ceeding

Bishop shall sooner deter mine the

valid.

II. And, for preventing the like inconveniences in future, be it further Determinaenacted, That no grant or appointment of or to any office or employment tion of Grants concerning the administration of justice in the said County Palatine, here- of Office hereafter to be made by any Bishop of the said see, shall cease determine or be after to he void by reason of the death of any such Bishop, but every such grant and made by any appointment shall continue in full force for the term of six calendar Bishop of months after any such death, unless in the meantime determined by any succeeding Bishop of the said see.

Durham.

III. And be it further enacted, That this Act shall be deemed and Public Act. taken to be a public Act, and shall be judicially taken notice of as such by all Judges Justices and others, without being specially pleaded.