No. III. 3 & 4 W. 4, c. 42. The limitation after judgment or outlawry reversed. &c. to be same, beyond the seas, then within twenty years after such disability shall have ceased as aforesaid, or the party shall have returned from beyond seas, as the case may be; and the plaintiff or plaintiffs in any such action on any indenture, specialty, or recognizance may, by way of replication, state such acknowledgment, and that such action was brought within the time aforesaid, in answer to a plea of this statute. VI. And nevertheless be it enacted, if in any of the said actions judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment the judgment be given against the plaintiff, that he take nothing by his plaint, writ, or bill, or if in any of the said actions the defendant shall be outlawed, and shall after reverse the outlawry, That in all such cases the party plaintiff, his executors or administrators, as the case shall require, may commence a new action or suit from time to time within a year after such judgment reversed, or such judgment given against the plaintiff, or outlawry reversed, and not after. No part of the VII. That no part of the united kingdom of Great Britain and Ireunited kingdom, land, nor the islands of Man, Guernsey, Jersey, Alderney, and Sark, nor any islands adjacent to any of them, being part of the dominions of his deemed beyond Majesty, shall be deemed to be beyond the seas within the meaning of the seas within this act, or of the act passed in the twenty-first year of the reign of king the meaning of James the first, intituled An Act for Limitation of Actions, and for avoiding of Suits in Law. (1) this act. (1) Previous to this enactment, Dublin, or any place in Ireland, was beyond the seas within the meaning of the 21 Jac. c. 16. PART IV. CLASS IX. JURIES AND TRIALS. [No. I.] 2 W. 4, c. 47.-An Act for holding the Assizes for the County of Norfolk, and for the City of Norwich and County of the same City, twice in every Year at Norwich. [23rd June 1832.] WHEREAS it is expedient that the assizes for the city of Norwich and county of the same city be held twice in each year in the said city and county of the said city: And whereas the holding the same as aforesaid would be conducive to the more speedy and effective and due administration of justice therein: And whereas it is likewise expedient that the assizes for the county of Norfolk should henceforth be held twice in each year in and at the shire-house at the castle of Norwich: Be it therefore enacted, &c. That from and after the first day of January All commisone thousand eight hundred and thirty-three all the commissions of sions of general assize and nisi prius, and all general commissions of oyer and terminer, gaol delivery, and all commissions of general gaol delivery, which shall be appointed &c. for Norto be held and executed for the said city of Norwich and county of the wich and Norsaid city, and for the said county of Norfolk, respectively, shall be held folk shall be and executed for the said city of Norwich and county of the said city at and in the said city of Norwich and county of the said city, and for the every year at said county of Norfolk, in the shire-house at the castle of Norwich; and that the said commissions for the said city of Norwich and county of the said city, and for the said county of Norfolk, respectively, shall be appointed and executed at and in the said city of Norwich and county of the said city, and at and in the said shire-house at the castle of Norwich, twice in every year, (that is to say,) at or about the usual times for holding the lent and summer assizes respectively; any law, statute, usage, matter, or thing to the contrary notwithstanding. held twice Norwich. II. Provided always, That if at any time hereafter the said city of For holding Norwich and county of the said city, or the said shire-house at the castle commissions in of Norwich shall be wholly unfit for holding assizes there, by accident of case of accifire, or by means of any contagious or epidemical distemper, or by dents, &c. to reason of any civil tumults or disorder, or the danger or reasonable the city of Norapprehension thereof, or by reason of any other unforeseen cause or exi- wich. gency, the same or any of the aforesaid matters to be made to appear before the lord high chancellor, or lord keeper or lords commissioners for keeping the great seal, for the time being, that then and in such cases only it shall and may be lawful to and for the said lord high chancellor, or lord keeper or lords commissioners for keeping the great seal, for the time being, with the advice of the justices of assize, from time to time in and during the continuance of such respective exigencies only, and for and at no other time or times, to appoint some convenient place within the said county of Norfolk for holding the said assizes, and each or either of them, instead of the said city of Norwich and county of the said city, or the said shire-house at the castle of Norwich, any thing in this present act contained to the contrary notwithstanding. [No. II.] 2 & 3 W. IV. c. 60.-An Act for holding the Assizes for the King's County in Ireland, Twice in every Year, at Tullamoore, instead of Philipstown. [4th July 1832.] WHEREAS it is expedient that the assizes for the king's county in that part of the united kingdom called Ireland be held twice in each year in the town of Tullamoore, instead of in the town of Philipstown in the said king's county: And whereas the holding the same as aforesaid would be conducive to the more speedy and effective and due adminisAssizes to be tration of justice therein; be it therefore enacted, &c., That from and held in future after the first day of July one thousand eight hundred and thirty-five at Tullamoore the said town of Tullamoore aforesaid shall be deemed and taken to be the instead of Phi- shire town of the said county, and that all the commissions of assize and lipstown. nisi prius, and all general commissions of oyer and terminer, and all commissions of general gaol delivery, which shall be appointed to be held and executed for the said king's county shall be held and executed for the said king's county, at and in the said town of Tullamoore; and that the said commissions for the said king's county shall be appointed and executed at and in the said town of Tullamoore twice in every year, (that is to say) at or about the usual times for holding the lent and summer assizes respectively; any law, statute, usage, matter, or thing to the contrary notwithstanding. Proviso for holding assizes in case of acci dent to the town of Tullamoore. Tullamoore to be deemed a town within II. Provided always, and it is hereby enacted and declared, That if at any time hereafter the said town of Tullamoore shall be wholly unfit for holding assizes there, by accident of fire, or by means of any contagiousor epidemical distemper, or by reason of any civil tumults or disorder, or the danger or reasonable apprehension thereof, or by reason of any other cause or exigency, the same or any of the aforesaid matters to be made to appear before the lord high chancellor, or lord keeper or lords commissioners for keeping the great seal of Ireland, for the time being, that then and in such cases only it shall and may be lawful to and for the said lord high chancellor, or lord keeper or lords commissioners for keeping the great seal of Ireland for the time being, with the advice of the justices of assize, from time to time in and during the continuance of such respective exigencies only, and for and at no other time or times, to appoint some convenient place within the said king's county for holding the said assizes, and each or either of them, instead of the said town of Tullamore; any thing in this present act contained to the contrary notwithstanding. III. That the said town of Tullamoore shall, from and after the passing of this act, be deemed and taken to be, for the purposes aforesaid, a town and place for holding whereat the assizes of said county, provision the meaning of may be made by all such ways and means as are prescribed for providing 53 G.3. c. 131. for the holding of the assizes of any county, county of a city, or county of a town, under and by virtue of an act passed in the fifty-third year of the reign of his Majesty king George the third, intituled An Act to make further regulations for the building and repairing of Court Houses and and Sessions Houses in Ireland. [No. III.] 3 & 4 W. IV. c. 42.-An Act for the further otherwise XVI. And whereas it would also lessen the expence of trials and Writs of inprevent delay if such writs of inquiry as herein-after mentioned were quiry under the executed, and such issues as herein-after mentioned were tried, before statute 8 & 9 the sheriff of the county where the venue is laid; be it therefore W. 3. c. 11, to enacted, That all writs issued under and by virtue of the statute passed be executed in the session of parliament held in the eighth and ninth years of the before the shereign of king William the third, intituled An Act for the better preventing riff, unless frivolous and vexatious suits, shall, unless the court where such action is ordered. pending, or a judge of one of the said superior courts, shall otherwise, order, direct the sheriff of the county where the action shall be brought to summon a jury to appear before such sheriff, instead of the justices or justice of assize or nisi prius of that county, to inquire of the truth of the breaches suggested, and assess the damages that the plaintiff shall have sustained thereby, and shall command the said sheriff to make return thereof to the court from whence the same shall issue at a day certain, in term or in vacation, in such writ to be mentioned; and such proceedings shall be had after the return of such writ as are in the said statute in that behalf mentioned, in like manner as if such writ had been executed before a justice of assize or nisi prius (1). judge. XVII. That in any action depending in any of the said superior courts Power to direct for any debt or demand in which the sum sought to be recovered, and issues joined endorsed on the writ of summons, shall not exceed twenty pounds (2), in certain acit shall be lawful for the court in which such suit shall be depending tions to be tried or any judge of any of the said courts, if such court or judge shall be before the sheriff or any satisfied that the trial will not involve any difficult question of fact or law, and such court or judge shall think fit so to do, to order and direct that the issue or issues joined shall be tried before the sheriff of the county where the action is brought, or any judge of any court of record (3) for the recovery of debt in such county, and for that purpose a writ shall issue directed to such sheriff, commanding him to try such issue or issues, by a jury to be summoned by him, and to return such writ with the finding of the jury thereon indorsed, at a day certain, in term or in vacation, to be named in such writ; and thereupon such sheriff or judge shall summon a jury, and shall proceed to try such issue or issues (4). (1) See the act 8 & 9 W. 3, c. 11, Evans's Statutes, Part IV. Class XII. (2) This provision does not extend to a case in which the action, though not exceeding twenty pounds, is commenced by a writ of capias and detainer, or to a case where the debt is not indorsed on the writ of summons, or to a claim for a tort. Watson v. Abbot, 2 Cr. & M. 150; 2 Dowl. P. C. 215. (3) Where a writ of trial was directed to the mayor of Colchester (who was judge of a court of record), and the trial took place before his deputy, the court refused to set aside the proceedings, on a suggestion that the mayor had no authority to delegate the power, it not appearing he had the power to appoint a deputy. Clarke v. Marner, 4 Mo. & S. 171; 2 Dowl. 774. (4) Where the plaintiff obtains an order to try before the sheriff, he must proceed in reasonable time, or the court will grant a rule to show cause why he should not proceed, or why the defendant should not have judgment as in case of a nonsuit; Mullins v. Bishop, 2 Dowl. P. C. 557. The time at which the plaintiff will be compelled to proceed will be regulated by the time when the sheriff sits; Banks v. Wright, 3 Dowl. 14. The defendant may move for judgment as in case of a nonsuit, as well where the issue is directed to be tried before the sheriff as where it comes on at the sittings; but it is too soon to move in the same term in which the default is, and where it does not appear that the notice was countermanded: Begbie v. Grenville, 2 Dowl. 238; Walls v. Redmayne, id. 508; and Horwood v. Roberts, id. 534. Patteson, J., said "I have referred to the judges on this subject, and we are of opinion, that all proceedings preparatory to the trial of the issue before the sheriff must be considered as the course and practice of this court; they have, consequently, all the incidents connected with them. The plaintiff not having proceeded within two terms after issue joined, the defendant is entitled to judgment as in case of a nonsuit." No. III. 3 & 4 W. 4, c. 42. XVIII. That at the return of any such writ of inquiry, or writ for the trial of such issue or issues as aforesaid, costs shall be taxed (1), judgment signed, and execution issued forthwith, unless the sheriff or his deputy before whom such writ of inquiry may be executed, or such sheriff, deputy, or judge before whom such trial shall be had, shall certurn of a writ of tify under his hand upon such writ that judgment ought not to be signed inquiry or a until the defendant shall have had an opportunity to apply to the court trial of issues, for a new inquiry or trial, or a judge of any of the said courts shall judgment to be think fit to order that judgment or execution shall be stayed till a day to signed, unless, be named in such order; and the verdict of such jury on the trial of Upon the re &c. Sheriff, as to such issue or issues shall be as valid and of the like force as a verdict of a jury at nisi prius; and the sheriff or his deputy, or judge, presiding such issues, to at the trial of such issue or issues, shall have the like powers with respect to amendment on such trial as are herein-after given to judges at nisi prius (2). have the like powers as judges at nisi Provisions of prius. XIX. Provided also, That all and every the provisions contained in 1 W. 4. c. 7, to the statute made and passed in the first year of the reign of his present extend to such Majesty, intituled An Act for the more speedy Judgment and Execution writs of inquiry in Actions brought in his Majesty's Courts of Law at Westminster, and in and issues. Sheriffs to name deputies to be resident in London. the Court of Common Pleas of the County Palatine of Lancaster, and for amending the Law as to Judgment on a Cognovit actionem in Cases of Bankruptcy, shall, so far as the same are applicable thereto, be extended and applied to judgments and executions upon such writs of inquiry and writs for the trials of issues, in like manner as if the same were expressly re-enacted herein (3). XX. That from and after the first day of June one thousand eight hundred and thirty-three the sheriff of each county in England and Wales shall severally name a sufficient deputy, who shall be resident or have an office within one mile from the Inner Temple hall, for the receipt of writs, granting warrants thereon, making returns thereto, and accepting of all rules and orders to be made on or touching the execution of any process or writ to be directed to such sheriff. It seems that the sheriff, on a writ of trial, cannot put off the trial, but that the application must be made to a judge; Packam v. Newman, 1 C. M. & R. 584. The defendant is entitled to have a suggestion entered under the London Court of Requests Act, though the cause was tried before the sheriff by the defendant's consent; and though the motion for that purpose was not made till after the costs had been taxed, final judgment signed, and execution issued; Bond v. Bailey, 3 Dowl. 808. Where a motion for a new trial of a cause tried before the under-sheriff was made on the notes of the under-sheriff, certified under his seal only, and verified by affidavit, the court discharged the rule; Johnson v. Wells, 4 Tyr. 270; 2 C. & M. 429; 2 Dowl. 352, S. C.; and see Burney v. Mawson, 1 Ad. & Ell. 348, n. In order to save expence, the practice recognized by the judges now is to receive the notes of the under-sheriff, &c. verified by affidavit ; 2 Dowl. 352, n. ; Stephen v. Pell, id. 629; Mansfield v. Breary, 1 Ad. & Ell. 347. The proper course is to have the notes verified by affidavit, without affidavit of the facts; Grainger v. Shoppee, 2 Dowl. 644. When the undersheriff refuses to send his notes, a motion for a new trial must be made on affidavit of the facts; Thomas v. Edwards, 4 Tyr. 833, 1 C. M. & R. 382; S. C. But see Metcalfe v. Parry, 2 Dowl. 589, where the court granted a rule, calling on the under-sheriff to shew cause why he should not pay the expences incurred in consequence of his refusal. But he is not answerable for his agents withholding them, unless his agent acted under his direction; 3 Dowl. 93, S. C. The court will allow further time to make a motion for a new trial, if the under-sheriff does not furnish notes in proper time; Thomas v. Edwards, 2 Dowl. 664. (1) The plaintiff, unless otherwise ordered, may get his costs taxed, and sign judgment directly after the verdict is obtained, even on the same day. Nichols v. Chambers, 2 Dowl. 693; 1 C. M. & R. 385. (2) A sheriff or judge of an inferior court has no power to grant a certificate as to costs under the 43 Eliz. c. 6, upon a writ of trial. Wardroper v. Richardson, 1 Ad. & Ell. 75. (3) Under this section the court will, in the next term, entertain a motion to vacate and arrest a judgment signed in vacation, after a trial before the sheriff. Pyke v. Glendinning, 2 Dowl. 611. |