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same shall be transferred; which court shall, for the purpose of such No. III. suits only, be deemed and taken to have all the power and jurisdiction, 1 W. 4, c. 70. to all intents and purposes, possessed before the passing of this act by the court from whence such suit shall be removed.
XV. Provided always, That nothing in this act contained shall be con- Not to affect strued to abolish or affect the obligations and duties or the jurisdiction the rights of or rights now lawfully imposed upon, performed, or claimed and exer- the corporation cised by the mayor and citizens of Chester in the courts of the county of of Chester, the city of Chester or otherwise, save and except that such writs or false judgment as may now by any charter or usage of the said corporation be brought upon the judgments of the said courts or any of them before any of the courts abolished by this act, shall hereafter be issued, as in other cases, from inferior courts, and be returnable into his Majesty's court of king's bench.
ŠIX. That from and after the time herein appointed for the com- Assizes to be mencement of this act assizes shall be held for the trial and dispatch of held in Chester all matters, criminal and civil, within the county of Chester and the and Wales. several counties and county towns in the principality of Wales, under and by virtue of commissions of assize, oyer and terminer, gaol delivery, and other writs and commissions, to be issued in like manner and form as hath been usual for the counties in England; and all laws and statutes now in force relating to the execution of such commissions, when issued for counties in England, shall extend and be applied to the execution of the commissions issued for the county of Chester and the counties of Wales under the authority of this act.
XX. That, until it shall be otherwise provided by law, one of the two Mode of boldjudges appointed to hold the sessions of assizes under his Majesty's ing assizes in commission within the county of Chester and principality of Wales Chester and shall, in such order and at such times as they shall appoint, proceed to Wales until his hold such assizes at the several places where the same have heretofore Majesty shall been most usually held within South Wales; and the other of such
direct. judges shall proceed to hold such assizes at the several places where the same have heretofore been most usually held in North Wales; and both of such judges shall hold the assizes in and for the county of Chester in like manner as in other counties of England.
XXIII. That the salaries of the judges of the county palatine of Upon termina. Chester, and of the judges of the several courts of great sessions in the tion of office of principality of Wales, shall, upon the termination of the said offices Welsh judges, respectively, make part of the consolidated fund of the united kingdom their salaries to of Great Britain and Ireland, and a sum equal to the amount of each and form part such salary shall be retained in the exchequer as part of the consolidater!
of consolidated fund, and no part thereof shall be issued or carried to the account of
fund. the civil list; any thing in any act or acts of parliament to the contrary notwithstanding
XXIV. And whereas it is expedient that due provision should be Compensation made for the compensation of the judges herein-after mentioned, and of to Welsh other persons having a freehold in their offices in the county of Chester judges on or principality of Wales, for the losses they may sustain by the abolition abolition of of their offices or reduction of their fees by virtue of this act ; be it their oflices. therefore enacted, That from and after the commencement of this act there shall be issued, paid, and payable, out of and charged upon the consolidated fund of the united kingdom of Great Britain and Ireland, (after paying or reserving sufficient to pay all former charges thereon, but in preference to any charge hereafter to be made,) to Thomas Jervis esquire, now one of his Majesty's justices of the Chester circuit, the sum of one tho nd and fifteen pounds twelve shillings; to Jonathan Raine esquire, now his Majesty's chief justice of the North Wales circuit, the sum of one thousand pounds; and to Robert Matthew Casberd esquire, one of his Majesty's judges of the Brecon circuit, the sum of one thousand pounds; the said several sums to be payable and paid, free and clear from all taxes and deductions whatsoever, by even portions, on the fifth days of January, April, and July, and the tenth day
No. III. of October, in each year, the first payment thereof to commence and be 1 W.4, c. 70. made on the first of such days as shall occur after the commencement
of this act; and the said annuities respectively to continue during the lives of the parties respectively entitled to receive the same, or until such time as they may respectively be appointed by his Majesty to any other place or office the salary or emoluments of which shall be of equal or greater amount than the said annuities respectively, or in case the salary or emolument of such office shall be of less yearly amount than the annuity which the party appointed to such office is entitled by this act to receive, then the said annuity to be abated and reduced in proportion to the amount of such salary or emoluments, so as to make the whole sum received by the party equal to, but not exceeding, the amount of such
annuity. Compensations XXV. That there shall in like manner, 'after the commencement of to persons this act, be issued, paid, and payable out of and charged upon the said affected by consolidated fund, (after paying and reserving as aforesaid, and with abolition of the such preference as aforesaid,) to the several persons having a freehold courts of Wales interest in such offices in the county of Chester or principality of Wales and Chester.
as shall be abolished or affected by virtue of this act, free and clear of all taxes and deductions whatsoever, such sums of money, at such times, by way of annuity or otherwise, as shall be adjudged and determined to be due to such persons respectively by any commission to be appointed by his Majesty or by virtue of any act of parliament, for the purpose of determining the amount of the compensation that ought to be due and payable in such cases; and that in the meantime and until compensation shall be awarded and determined in manner aforesaid, or the time shall have elapsed that may be appointed for claiming the same, it shall be lawful for the commissioners of his Majesty's treasury of the united kingdom of Great Britain and Ireland, or any three of them, to issue their warrants for the payment to such persons as aforesaid, out of the said consolidated fund, of such half-yearly or quarterly allowances as to the said commissioners shall seem reasonable, both as to the amount and times of payment, on account of such compensation as may thereafter be awarded to the said parties respectively.
XXVI. Provided always, That no person shall be entitled to such pointed under compensation or allowance as aforesaid, whose appointment to his certain restric- office was qualified by any condition or reservation expressed in his tions, to the offices about to
patent or otherwise made known to such person, that such office or the be abolished,
emoluments thereof were to be held and enjoyed subject to any future not entitled to
provision to be made by parliament touching the same, or without any compensation.
claim to compensation in case the same should cease or be subjected to any regulation : And provided also, That no person shall be entitled to receive any such compensation or allowance who shall not previously make a full and true statement to the said commissioners of his Majesty's treasury, to be verified on oath before a judge or master in chancery, if they shall think fit so to direct, of the amount of the salary, fees, and emoluments of such office, and of the disbursements and outgoings of the same, for the space of ten years before the passing of this act; and that such compensation or allowance shall cease altogether, or be reduced in amount, as the case may be, whenever the party entitled to receive the same shall be placed in any other public office of which the salary and emoluments shall be equal to the whole or to part of such compensation or allowance, so that in the last-mentioned case no person shall be entitled to receive more of such compensation or allowance than shall be equal to the difference between the full amount thereof and the amount of the salary and emoluments of the office in which he
may be hereafter placed. Records of the XXVII. That the records, muniments, and writings of the several several courts courts abolished by this act shall, until otherwise provided by law, be abolished to be kept by the same persons and in the same places as before the passing kept as hereto- of this act; and that the court of common pleas shall have the like
power and authority to amend the records of fines and recoveries passed No. III. heretofore in any of the courts abolished by this act, as if the same had 1 W.4, c. 70. been levied, suffered, or had in the court of common pleas : Provided always, That in case of the death of any such person before any fore until otherother provision shall have been made for keeping such records, muni- wise provided ments, and writings, the custody thereof shall be with the clerks of for. the peace of the several counties to which counties the same shall respectively belong. (1)
XXVIII. That upon all fines which now are or before the commence- Proclamation ment of this act shall be duly acknowledged in Chester or Wales, pro- upon fines may clamation may be made at the successive assizes to be holden under his be made at Majesty's commission within the county of Chester and principality of assizes in
Chester or Wales, before any judge of such assize, during the continuance of such
Wales. his commission, in the same manner and form, and with the same force and effect, as if the same had been proclaimed before the justices of Chester and Wales, or any of them ; any law or usage to the contrary notwithstanding.
XXIX. That all fines and recoveries to be levied and suffered after Fines, &c. to the commencement of this act, of lands, tenements, or hereditaments in be levied in the county of Chester or county of the city of Chester or principality of Chester, &c. Wales, shall be levied and suffered in such and the like manner, and as in other the same officers shall be employed therein, as in the case of fines and counties of recoveries now levied or suffered of lands, tenements, or hereditaments
England. in any county of England not being a county palatine.
XXX. Provided always, That nothing in this act contained shall be Not to affect taken to affect the right of any lessee by patent under the crown, or of the rights of any pensioner or other person lawfully entitled to any portion of the lessees by money payable upon fines and recoveries of manors, lands, or tene- patent before ments in the county of Chester or principality of Wales, but that the the passing of
this act. same shall be paid and payable by the proper officer of the court of common pleas who shall receive the same, to such lessee or other person, or his agent, in like manner and to the same extent as heretofore, during the continuance of his interest therein.
XXXI. That in all cases where any trust for charitable uses or of a Lord chancelpublic nature shall have been cast upon the judges of the courts hereby lor may appoint abolished, by virtue of their offices, it shall be lawful for the lord high trustees for chancellor or keeper of the seals for the time being, or for the judges of charitable uses assize upon their circuits in the county of Chester or principality of in lieu of Wales, to appoint such other trustee or trustees as they shall think fit,
lished by this by any writing under their hands, in place of the former judge or judges : which trustee or trustees so named shall have the same power and authority, and be subject to the same rules and duties, as the trustee or trustees for whom he or they may be substituted.
XXXII. That where by any law, charter, or usage any corporate or Officers to take other officer or person hath been accustomed or ought to take any oath the same oaths before any of the judges or other officers or in any of the courts before judges abolished by this act, such officer or person may and shall take the same hereby apoath before any judge during the assizes or in open court at the quar
pointed as they ter sessions in the county where such oath was formerly taken, and such did before, the oath being so taken shall have the same force and effect to all intents
judges of the
courts hereby and purposes as if taken before any of the judges or in any of the abolished. courts abolished by this act.
XXXIII. And whereas it is expedient that the accounts of the For passing sheriffs of the county of Chester and principality of Wales should be accounts of passed, as nearly as circumstances will admit, in the same manner as sheriffs of heretofore ; be it enacted, That the clerk of assize, within ten days after county of
Chester and the conclusion of the assizes in the county of Chester and in each county in Wales, shall make out a roll containing the names and places Wales.
principality of of residence of all persons liable to the payment of any fines, issues,
(1) Sce Evans v. Jones, 9 Bing. 311; 2 Moore & S.383.
No. III. amercements, recognizances, compositions, or other sums imposed or 1 W.4, c. 70. forfeited during the preceding assizes, with the sums set opposite to
each name, and shall forthwith transmit the same to the sheriff, with an order upon the sheriff, signed in the name of one of the judges of assize, directing the sheriff to cause such sums to be levied and recovered from the parties liable to pay the same, which order shall be of the same force and efficacy, and be returnable to the same person or persons, as any writ or process heretofore issued to the sheriff for the like purpose ; and the sheriff, upon the receipt thereof, shall proceed to levy the sums in the said roll mentioned, and shall be accountable for the same, and all arrears thereof, in the same manner, at the same time, and to the same officer, and shall pass his accounts before the same officer or officers, as
he hath been heretofore accustomed. (1) Attornies gene
XXXIV. That the several persons holding and exercising within the ral of county
several counties of Chester and Wales the office of his Majesty's of Chester and attorney general shall, until his Majesty's pleasure shall be otherwise Wales to con. declared, continue (within their several places and counties where they tinue until his Majesty shall
are now entitled to exercise such office) to have, in person only, and not otherwise
by deputy, the same rank, name of office, and the same privileges, fees,
and emoluments, which by any law or custom they have hitherto enjoyed and held within their respective counties, save and except such fees as would necessarily cease with the abolition of the courts and ju
risdictions abolished by this act. When quarter
XXXV. And whereas the general quarter sessions of the peace are sessions are to now directed to be held in each year in the first week after the eleventh be held (2). day of October, in the first week after the Epiphany, in the first week
after the clause of Easter, and in the first week after the translation of St. Thomas the Martyr: And whereas it will be expedient that the times of holding the general quarter sessions of the peace should be altered in part ; be it therefore enacted, That in the year of our lord one thousand eight hundred and thirty-one, and afterwards, the justices of the peace in every county, riding, or division for which quarter sessions of the peace by law ought to be held, shall hold their general quarter sessions of the peace in the first week after the eleventh day of October, in the first week after the twenty-eighth day of December, in the first week after the thirty-first day of March, and in the first week after the twenty-fourth day of June; and that all acts, matters, and things done, performed, and transacted at the times appointed by this act for the holding of the general quarter sessions of the peace shall be as valid and binding to all intents and purposes as if the same had been done, performed, and transacted at general quarter sessions of the peace holden at the times by law limited for the holding thereof before the
passing of this act. Landlords to
XXXVI. And whereas landlords, to whom a right of entry into or
upon any lands or hereditaments may accrue during or immediately recover possession of after Hilary and Trinity terms respectively, are at present unable to lands, &c. prosecute ejectments against their tenants, so as to try the same at the after notice of assizes immediately ensuing, whereby much delay is occasioned in ejectment. the recovery of the possession of lands and tenements wrongfully with
held by tenants against their landlords ; be it therefore enacted, That in all actions of ejectment hereafter to be brought in any of his Majesty's courts at Westminster by any landlord against his tenant, or against any person claiming through or under such tenant, for the recovery of any lands or hereditaments where the tenancy shall expire, or the right of entry into or upon such lands or hereditaments shall accrue to such landlord, in or after Hilary or Trinity terms respectively, it shall be
(1) The mode in which the accounts of sheriffs are to be passed is now regulated by the 3 & 4 W.4, c. 99.
(2) See the act for preventing the interference of the spring assizes with the April quarter sessions ; post, Class IX.
lawful for the lessor of the plaintiff in any such action, at any time No. III. within ten days after such tenancy shall expire or right of entry accrue 1 W.4, c. 70. as aforesaid, to serve a declaration in ejectment entitled of the day next after the day of the demise in such declaration, whether the same shall be in term or in vacation, with a notice thereunto subscribed, requiring the tenant or tenants in possession to appear and plead thereto within ten days in the court in which such action may be brought; and proceedings shall be had on such declaration, and rules to plead entered and given, in such and the same manner, as nearly as may be, as if such declaration had been duly served before the preceding term: Provided always, That no judgment shall be signed against the casual ejector until default of appearance and plea within such ten days, and that at least six clear days notice of trial shall be given to the defendant before the commission day of the assizes at which such ejectment is intended to be tried ; Provided also, That any defendant in such action may, at any time before the trial thereof, apply to a judge of either of his Majesty's superior courts at Westminster, by summons in the usual manner, for time to plead, or for staying or setting aside the proceedings, or for postponing the trial until the next assizes ; and that it shall be lawful for the judge in his discretion to make such order in the said cause as to him shall seem expedient. (1)
XXXVII. That in making up the record of the proceedings on any Declaration to such declaration in ejectment it shall be lawful to entitle such declara- be entitled tion specially of the day next after the day of the demise therein, whe- specially. ther such day shall be in term or in vacation, and no judgment thereupon shall be avoided or reversed by reason only of such special title.
XXXVIII. That in all cases of trials of ejectments at nisi prius, when Writ of posa verdict shall be given for the plaintiff, or the plaintiff shall be non- session may suited for want of the defendant's appearance to confess lease, entry, issue on certior ouster, it shall be lawful for the judge before whom the cause shall tificate of be tried to certify his opinion on the back of the record that a writ of judge, &c. possession ought to issue immediately, and upon such certificate a writ of possession may be issued forth with; and the costs may be taxed, and judgment signed and executed afterwards at the usual time, as if no such writ had issued : Provided always, That such writ, instead of reciting a recovery by judgment in the form now in use, shall recite shortly that the cause came on for trial at nisi prius at such a time and place and before such a judge, (naming the time, place, and judge,) and that thereupon the said judge certified his opinion that a writ of possession ought to issue immediately. (2)
XXXIX. That this act shall, as to all matters not otherwise provided Commencefor, commence and take effect upon and from the twelfth day of October ment of act. in this present year.
(1) This statute only applies to issuable terms; Doe v. Roe, 2 Cr.& Jer. 123; 1 Dowl. P.C.304, S.C. And when a landlord's right of entry accrued on the day after the essoign day of Trinity term, it was held that he was not entitled to serve a declaration in ejectment as of that term; Doe v. Roe, 1 Dowl. 79; and it applies only to trials which would lie at the assizes, and not where the property is situate in London or Middlesex ; Doe d. Norris v. Roe, 1 Dowl. 547.
It is no ground for setting aside a verdict for the plaintiff that he did not give six clear days' notice of trial, as required by the statute, the defendant having appeared and made his defence ; Doe d. Antrobus v. Jepson, 3 B.& Ad. 402. Neither is it ground of defence at nisi prius that the action had not been commenced within ten days after the right of entry accrued, this being merely matter of irregularity ; Doe d. Rankin v. Brindley, 4 B.& Ad.84; 1 Nev. & M. 1. S.C.
(2) These provisions for the issuing of a writ of habere facias possessionem are not affected by the 1 W.4, c. 7 (see post, Purt IV, Class 12); and it has been held that the judge has no discretion under it as to the time at which the lessor of the plaintiff shall have possession, but must either grant a certificate to enable bim to get immediate possession, or let the case take its regular course ; Doe d. Williamson v. Dawson, 4 Carr & P. 589; Doe d. Packer v. Hilliard, 4 Carr. & P. 132; Tidd's Supp. 1833, p. 198. But see Chitty's Archb. 4th edit. 638 n. (p.)
Where a sheriff's officer taking possession under a habere fucius possessionem is dispossessed before delivering possession to the lessor of the plaintiff, it is necessary, in applying for a fresh writ, that it should appear that the persons dispossessing are acting in concert with the defendant; Doe d. Thompson v. Mirehouse, 2 Dowl. P. C. 200.