and generally for facilitating or regulating the Course of Procedure, or giving effect to the Purposes and Provisions of this Act. 31. The Court shall also have the same or the like Powers and Authorities for the General Purposes of this Act as it has for those of the Act or Acts of Parliament under which it is Powers. at present constituted, as well in relation to the Appointment or Removal and to the Salaries of necessary Officers, as also to the making of General Orders, the Conduct or Costs of Proceedings, the Production of Documents or Examination of Witnesses, and to any other Matter requisite for effecting the Objects of this Act. CA P. CII. An Act to amend an Act of the Twentieth and Twenty-first Years of Her WHEREAS an Act was passed in the Session of Parliament held in the Twentieth and Twenty-first Years of the Reign of Her present Majesty, intituled An Act for 20 & 21 Vict. the Abatement of the Nuisance arising from the Smoke of Furnaces in Scotland: And c. 73. whereas another Act was passed in the Twenty-fourth Year of the Reign of Her present Majesty, intituled An Act to amend an Act of the Twentieth and Twenty-first Years of 24 & 25 Viet. the Reign of Her Majesty, for the Abatement of the Nuisance arising from the Smoke c. 17. of Furnaces in Scotland: And whereas it is expedient that the same be amended, to the Effect after mentioned:' Be it enacted by the Queen'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, as follows: 1. The Word "Place" in the said first-recited Act shall mean and include every Interpretation Burgh and Town of Scotland which is not a Royal Burgh, provided the same comprehend Place" in a Population of not less than Two thousand, and shall include the whole Area contained first-recited within the Parliamentary or Police Limits or Boundaries thereof; and the said recited Act. Acts shall extend and apply to every such Burgh and Town containing the foresaid Amount of Population in the same Manner and as fully in all respects as if such Burghs and Towns had been included in the Meaning of the Word "Place" in the said firstrecited Act. CA P. CIII. An Act to provide for the Discontinuance of a separate Court of Quarter Sessions and a separate Gaol in the Borough of Falmouth. [5th July 1865.] WHEREAS it is expedient to provide for the Discontinuance of a separate Court of Quarter Sessions and a separate Gaol for the Borough of Falmouth: Be it therefore enacted by the Queen'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, as follows: 1. This Act may be cited for all Purposes as "The Falmouth Gaol Discontinuance Act, Short Title. 1865." 2. This Commencement of Act. Falmouth to cease to have of Quarter Sessions. 2. This Act shall not come into operation until the First Day of January One thousand eight hundred and sixty-six, which Day is herein-after referred to as the Commencement of the Act. 3. From and after the Commencement of this Act no separate Court of Quarter Sessions shall be holden for the Borough of Falmouth, and there shall be no Reseparate Court corder and no Coroner for the said Borough, and the said Borough shall for all the Purposes of a County Rate, and of the Jurisdiction of the County Justices and of the County Coroner, and for all other Purposes, be deemed to be a Borough to which a separate Commission of the Peace, but no separate Court of Quarter Sessions, has been granted. Provis on as to Removal of Prison at Falmouth to belong to County of Cornwall, Compensation and Super annuation Allowances to Recorder, &c. at Falmouth. 4. From and after the Commencement of this Act no Person shall be committed to the Prison at Falmouth, and all Persons who would otherwise have been committed to the Prison at Falmouth shall be committed to the Prison of the County of Cornwall, and shall be dealt with in all respects as if the Borough of Falmouth had never had a separate Court of Quarter Sessions, and never had a separate Gaol. 5. As soon as conveniently may be after the Commencement of this Act the Gaoler of Falmouth Prison shall, without Writ of Habeas corpus or other Writ for that Purpose, remove every Prisoner under Sentence or committed for Trial in such Prison to the Prison of the County of Cornwall, and deliver such Prisoner into the Custody of the Gaoler of the said County Prison, together with the Writ and other Process under which the Prisoner was arrested or confined; and the Gaoler of the said County Prison shall be bound to receive such Prisoner, and shall give a Receipt to the Gaoler of the Falmouth Prison for every Prisoner removed in pursuance of this Section; and all Prisoners 80 removed who may have been committed for Trial shall be tried in all respects in the same Manner as if they had originally been committed to the County Prison for Trial by a Justice or Justices of the County of Cornwall; and all other Prisoners so removed shall be dealt with in all respects in the same Manner as if they had originally been sentenced to be confined in the said County Prison instead of in Falmouth Prison. 6. Subject to the Provision herein contained as to the Removal of the Prisoners to the County of Cornwall, the Prison of the said Borough of Falmouth shall from and after the Commencement of this Act vest in the Clerk of the Peace for the Time being of the said County of Cornwall, and his Successors, to be held by him and them on trust for the said County, to be used as a Lock-up House so long as the said Justices may require the same, and subject thereto to be held upon trust for the said Borough, to be sold, and the Proceeds of such Sale to be paid to such Persons and to be applied in such Manner as the Council of the said Borough may direct. 7. The Recorder of Falmouth shall be entitled to receive his Salary during his Life, or until such Time as he accepts some other Office of equal or greater Value, or of such Character as would if he had continued Recorder have disqualified him from holding or been inconsistent with his holding the Office of Recorder; and the Council of the said Borough of Falmouth may allow such Compensation or Allowance as they think fit to any other Person who, by reason of the passing of this Act, is deprived of any Salary or Emoluments, so that no such Compensation or Allowance exceeds the Proportion of the Salary and Emolument, if any, which might be granted under similar Circumstances to a Person in the Civil Service under the Acts for regulating such Compensations or Allowances for the Time being in force; and any Compensation or Allowance so allowed shall be paid out of any Rates applicable to the Payment of the Salaries of such Officers. CA P. CIV. An Act to amend the Procedure and Practice in Crown Suits in the Court of BE [5th July 1865.] E it enacted by the Queen'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, as follows: PART I. 1. This Act may be cited as The Crown Suits, &c. Act, 1865. 2. This Act shall be deemed to be divided into Five Parts, as follows: Part II., relating to Proceedings by English Information in the Court of Exchequer : Part IV., relating to certain other Classes of Proceedings where the Crown is interested : Short Title. Division of Act into Parts. Extent of Act. 4. This Act shall commence from and immediately after the First Day of November One Commencethousand eight hundred and sixty-five; General Rules under this Act may nevertheless be ment of Act. made before that Time, but not so as to commence before it. 5. With respect to the Construction of this Act, the following Provisions shall have Construction effect: (1.) The Provisions of this Act relative to Her Majesty's Attorney General shall be construed as applying also to Her Majesty's Solicitor General, when a Vacancy in the Office of Attorney General or other Occasion so requires: (2.) The Provisions of this Act relative to the Crown, or to Her Majesty in right of the (3.) The Terms "Party " and " Parties" where used in this Act include, and the same as to Attorney General, &c. PART II. PROCEEDINGS BY ENGLISH INFORMATION IN THE COURT OF EXCHEQUER. 6. In this Part of this Act The Term "the Court of Exchequer" or "the Court" means Her Majesty's Court of The Term "Information means an Information, styled an English Information, The Term "Suit" or "Cause" means a Suit or Cause commenced by Information: and, except as expressly provided otherwise, nothing in this Part of this Act shall be deemed to apply to any Proceedings other than Proceedings in Suits commenced by Information. Interpretation of Terms in Part II. 28 & 29 VICT. 3 N 7. An Printing of Service of printed Infor mation substituted for Subpoena and Distringas. Mode and 7. An Information shall be printed, and shall be received and filed in print, and not otherwise. 8. The Writ of Subpoena to appear to and answer an Information, and the Writ of Distringas against a Corporation to appear to an Information, are hereby abolished; and in lieu of the Service of such Writs respectively there shall be served a printed Information having an Indorsement thereon in the Form given in the First Schedule to this Act, with such Variations as Circumstances require. 9. Except in case of a Corporation Aggregate, such Service shall be effected as Service of a Writ of Subpoena is now effected (save that the original Information shall not be printed Infor- produced), and shall have the same Effect in all respects as Service of a Writ of Subpoena now has; and in case of a Corporation Aggregate such Service shall be effected by Delivery of a printed Information, having an Indorsement thereon as aforesaid, to the Mayor or other Head Officer, or to the Town Clerk, Clerk, Treasurer, or Secretary of the Corporation. mation. Information to be marked. Sale of Copies to Defendant. Amendments 10. The Information served shall be first so marked by the proper Officer of the Court as to indicate the filing of the Information and the Date of the filing. 11. A Defendant shall be entitled to have as many printed Copies of the Information as he requires, on paying for them at such Rate as General Rules under this Part of this Act direct. 12. On Amendment of an Information the foregoing Provisions shall extend and apply, to be subject to mutatis mutandis, to the Information as amended; but an Information may be amended in Writing in such Cases as General Rules direct. same Rules. Form, &c. of 13. An Information shall not contain Interrogatories, but the Informant within such Interrogatories. Time as General Rules direct may file Interrogatories for the Examination of Defendants from whom he requires an Answer, and deliver to each such Defendant, or his Solicitor, a Copy of the Interrogatories, or of such of them as are applicable to the particular Defendant. Defendant need not answer unless, &c. Time for De fendant to put in Plea, Answer, or Demurrer, &c. Contents of Abolition of to take Answers, &c. Swearing of Answers, &c. in Scotland, &c. 14. A Defendant shall not be bound to put in an Answer unless Interrogatories have been filed, and unless a Copy has been delivered as aforesaid. 15. A Defendant, whether required to answer or not, may, without Leave of the Court or a Judge, put in a Plea, Answer, or Demurrer within such Time as General Rules direct, but after that Time a Defendant not required to answer shall not be at liberty to put in a Plea, Answer, or Demurrer, except by Leave of the Court or a Judge; nevertheless the Power of the Court or a Judge to grant further Time for pleading, answering, or demurring, on the Application of a Defendant, whether required to answer or not, shall remain unaffected. 16. An Answer may contain not only the Defendant's Answers to the Interrogatories, if any, but also such Statements material to the Case as he thinks fit to set forth therein. 17. Commissions to take Pleas, Answers, Disclaimers, and Examinations are, with respect to Pleas, Answers, Disclaimers, and Examinations taken within the Jurisdiction of the Court, hereby abolished; and any such Plea, Answer, Disclaimer, or Examination may be filed without any Formalities other than such as are required in relation to an Affidavit. 18. Pleas, Answers, Disclaimers, Examinations, Affidavits, Declarations, Affirmations, and Protestations of Honour in Causes depending in the Court may be sworn and taken in Scotland, Ireland, the Isle of Man, or the Channel Islands, or in any Colony, Island, Plantation, or Place under the Dominion of Her Majesty in Foreign Parts, before any Court or Judge, or before any Notary Public, or before any Person authorized to administer Oaths there, or in any Foreign Parts out of Her Majesty's Dominions before any of Her Majesty's Consuls or Vice Consuls there; and every such Instrument may be used and shall be admitted in Evidence, saving just Exceptions; and judicial and official Notice shall be taken of the Seal or Signature of any such Court, Judge, Notary Public, Person, Consul, or Vice Consul affixed, appended, or subscribed to any such Document. 19. Any jury. 19. Any Person wilfully and corruptly swearing, declaring, affirming, or protesting False swearfalsely in any Plea, Answer, Disclaimer, Examination, Affidavit, Declaration, Affirmation, ing, &c. Peror Protestation of Honour so taken out of England shall be deemed guilty of Perjury in every Case where, having so sworn, declared, affirmed, or protested before competent Authority in England, he would be deemed guilty of Perjury, and may be dealt with, indicted, tried, and (if convicted) sentenced, and his Offence may be laid and charged to have been committed, in any County or Place in England in which he is in Custody, as if the Offence had been actually there committed. 20. Pleas, Answers, Disclaimers, and Examinations, whether taken by Commission out Oath of of the Jurisdiction of the Court or otherwise, may be filed without the Oath of a Messenger, abolished. Messenger and any Alteration made therein before the taking thereof shall be authenticated as in the Case of an Affidavit. Evidence. 21. By General Rules the Examination of Witnesses on written Interrogatories may be Alteration of discontinued, and such Amendments as from Time to Time seem fit may be made in the Mode of taking Mode of taking Evidence and the Practice relative thereto; and for the Purpose of such Evidence any Officer or Person from Time to Time directed by General Rules or by an Order of the Court or a Judge to take such Evidence may administer Oaths and take Declarations. Application 22. The Court shall be deemed to be a Court of Civil Judicature within the Meaning of of Sect. 103. Section One hundred and three of The Common Law Procedure Act, 1854. 23. Where a Suit becomes abated by Death or otherwise, or becomes defective by reason of some Change or Transmission of Interest or Liability, an Order to the Effect of an Order to revive, or of a Supplemental Decree, may be obtained as of course on an Allegation of the Abatement of the Suit, or of the same having become defective, and of the Change or Transmission of Interest or Liability; and the Parties who would in the same Case be Defendants to an Information of Revivor or Supplemental Information shall, when served with such Order, be Parties to the Suit, and be bound to appear within such Time and in such Manner as General Rules direct, subject to the following Provisions : (1.) It shall be open to any Party so served (within such Time after Service as General Rules direct) to apply to the Court or a Judge to discharge the Order on any Ground that would have been open to him on an Information of Revivor or Supplemental Information : (2.) If any Party so served is under any Disability other than Coverture, the Order shall be of no Effect as against such Party until a Guardian ad litem has been appointed for such Party, and such Time has elapsed thereafter as General Rules direct. 17 & 18 Vict. c. 125. Proceeding in case of Abate ment of Suit, &c. new Facts on Record. 24. Facts or Circumstances occurring after the Institution of a Suit may be introduced Statement of by way of Amendment into the original Information if the Cause is otherwise in such a State as to allow of the Information being amended, and if not, may be stated on the Record in such Manner, and subject to such Regulations with respect to the Proof thereof, and to the affording Defendants Leave and Opportunity to answer and meet the same, as General Rules direct. 25. Writs issuing out of the Court to be executed in the Counties Palatine shall be directed and delivered to the Sheriffs of those Counties, and shall be executed and returned by them to the Court in all respects as Writs are executed and returned by Sheriffs of other Counties. Writs in Counties Palatine to be directed to Sheriffs. 26. If in any Suit any Direction of this Part of this Act or of General Rules under it by Power to Court Mistake of Parties fails to be followed, the Court or a Judge may (if it seems fit), on Pay- to rectify ment of such Costs as the Court or a Judge directs, make such Order, giving Effect to and cedure. rectifying the Proceedings, as appears justified by the Merits of the Case. 27. Notwithstanding anything in this Part of this Act or in any other Act, a Writ of Saving for DisDistringas (in such Form as General Rules under this Part of this Act from Time to Time tringas to redirect) to restrain the Transfer of Stock transferable at the Bank of England, or the Payment of Stock, &c. 3 N 2 of strain Transfer |