the vestry room of Bow Church, it is enacted, That after the passing of this act, the said court shall be held in the common hall or place of judicature in Doctors Commons; and all process from and out of the said Court of Peculiars shall be returnable at such place in Doctors Commons; and all the business of the said Court of Peculiars shall be done and transacted in the said place as fully and effectually to all intents and purposes whatsoever as if the same had been done and transacted in the vestry room of Bow Church. § 11.

Business of the Courts to be continued during the Vacancy of the Sees. And whereas great inconvenience arises from the ceasing of the functions of the judges and other officers, and the suspension of business in the several courts of the lord archbishop of Canterbury and of the bishop of London, upon any vacancy of their respective sees; it is enacted, That upon any vacancy of the respective sees of Canterbury and London, the judges and officers of the several courts shall during such vacancy, and until the issuing of new commissions in that behalf, continue to hold their respective offices; and all business in the several offices of such courts shall be transacted and carried on during such vacancy. § 12.

Upon Death of Judges, Officers to continue. And upon the death of any of the judges of the said courts, the surrogate and other officers appointed by such judges shall continue to exercise their respective offices until a new appointment shall be made by the persons having competent authority so to do. § 13.

GAOLS (Scotland).

CAP. 54.- An Act for directing reports to be made respecting gaols in Scotland. [19th June, 1829.

Magistrates to report on Gaols.-By this act, the magistrates of every royal burgh of Scotland shall respectively prepare and transmit to one of his majesty's secretaries of state, on or before the 15th of November next after the passing of this act, a report, setting forth the present state of the gaol of which they respectively have charge, in point of accommodation, security, and repair; and in particular to say

First: What number of apartments such gaol consists of; how they are respectively heated and ventilated; and what is the length, breadth, and height of each; distinguishing those apartments generally used for prisoners confined on criminal warrauts from those under other warrants, and distinguishing the apartments used for males from those used for females; also, showing how far each of such apartments is sufficiently secure. Second: The number of prisoners committed in the course of the two immediately preceding years respectively; specifying the number of persons committed for payment of penalties under revenue statutes; and distinguishing debtors from those committed on other warrants, and males from females.

Third: The greatest number of prisoners confined at any one time in each of the said years respectively; distinguishing debtors from those committed on other warrants, and the monthly average number of such prisoners respectively during the said periods. Fourth What classification of prisoners the gaol admits of; whether debtors have at any time been confined or made to communicate with prisoners under criminal warrants; and whether prisoners, prior to conviction, have been confined in the same apartment or have been allowed to communicate with those who have been convicted.

Fifth Whether any airing grounds are attached to the gaol, and what may be the extent thereof; what provision is made, and accommodation set apart, for prisoners when sick, and what for prisoners under sentence of death.

Sixth The number of persons employed as keepers and underkeepers; the salaries and emoluments received by each; and whether they or any of them have any other employment; whether they reside within the gaol, or continue there during the night.

Seventh The period when such gaol was erected, and when it last received any material addition, and of what description and extent such addition was.

Eighth By whom, at whose expence, and whether by any (and what) act of parliament such gaol was erected or enlarged, and by whom it is maintained.

Ninth: Whether such gaol is sufficient for its proper purposes, in point of size, accommodation, security, and repair; and if insufficient, in which of such respects.

Tenth If such gaol be insufficient in any of the said respects, how far it may appear that it requires to be rebuilt, or to be enlarged, and to what extent; and how far the present site admits of such rebuilding or enlargement, including airing ground.

Eleventh Any additional observations which may be deemed important.

Provided also, that the said report shall set forth the measures which may be considered the most proper to be adopted for remedying the defects which may be found to exist, and for establishing suitable gaol accommodation in the county within which such burgh may be situated, together with the mode in which the expence attending the same ought reasonably to be defrayed, and if by more parties than one, in what proportion such parties ought respectively to contribute. § 1.

Meeting of Justices.-A meeting of the justices of the peace of every county of Scotland shall be held in the head burgh on the 28th of August next after the passing of this act, or where there is no head burgh in any such county, at the place where the Michaelmas head court of freeholders usually meets,

for the purpose of taking into consideration the state of the several gaols situated in each county respectively. § 2.

What Persons to Vote.-No person shall be entitled to have a voice or vote in this or any other meeting, to be held under this act, who shall not at the time be possessed of the dominium utile of lands situate in such county valued at not less than 100l. Scots of valued rent, excepting only the sheriff depute of the county, and in his absence the principal sheriff substitute, any of whom, if county justices, shall be entitled to act as justices of the peace under this act; provided always, that in the county of Sutherland any justice of the peace who shall be a proper wadsetter of lands in the said county valued at not less than 1007. Scots of the valued rent shall be entitled to act as a justice under this act. § 3.

Committees may be appointed. It shall be lawful for the justices at the said meeting to appoint a committee of their number to inspect the said gaols, and to report to an adjourned meeting, to be held at such time and place as the said justices may then fix upon, in regard to the present state of such gaols in point of accommodation, security, and repair, as to all and each of the several particulars in respect to which the magistrates of royal burghs are by the provisions of this act required to report. § 4.

And the keepers of gaols shall give free access thereto to the members of such committees, and shall exhibit to them all records and other documents relative to such gaols, and otherwise afford to them every information touching the same in their power. § 5. Committees to report.-And the said committees shall forthwith prepare a report setting forth the result of such inquiry, and present the same to such adjourned meeting, who are required to take the same into consideration, and either then or at a subsequent adjourned meeting to prepare a general report, comprehending the particulars so reported from their committees, and setting forth the measures most proper to be adopted for remedying the defects which may be found to exist in such gaols, and for establishing suitable gaol accommodation in the county, together with the mode in which it shall appear that the expence attending the same ought reasonably to be defrayed, and if by more parties than one, in what proportions such parties ought respectively to contribute. § 6.

Reports to be transmitted to Secretary of State, &c.-And the said justices shall transmit such report to one of his majesty's secretaries of state on or before the 15th of November next after the passing of this act, and shall cause a copy thereof to be transmitted to his majesty's advocate for Scotland; and the magistrates of royal burghs shall in like manner cause a copy of the reports to be furnished by them as aforesaid to be transmitted to his majesty's advocate for Scotland. § 7.

Contents of Reports.-The said reports to be transmitted to the secretary of state shall also set forth the mode in which aliment is in use to be provided for prisoners in such gaols, distinguishing civil debtors from such persons as are confined under revenue statutes, and prisoners under criminal warrants before conviction

from those subsequent to conviction; and the said report shall also set forth any changes in regard to the mode of providing such aliment which may have taken place, specifying at what date such change took place, and what may have been the nature of the same, and further, in what way and at whose expence it shall appear reasonable to the said magistrates of burghs and justices of the peace respectively that such aliment should in future be provided, and if by more parties than one, in what proportions such parties ought respectively to contribute. § 8.

It shall be held to be a sufficient compliance with the provisions of this act, that a report in terms thereof be furnished by the magistrates of the burghs and the justices of the peace for any county jointly, where these parties may mutually agree. § 9.

SHERIFF COURTS (Scotland).

CAP. 55.-An Act for the more effectual recovery of small debts, and for diminishing the expences of litigation, in causes of small amount, in the Sheriff Courts in Scotland.

[19th June, 1829. Repeal of former Act. By this act the 6 Geo. IV. c. 24. intituled An Act for the more easy recovery of small debts in the sheriff courts in Scotland, is repealed from the 1st September next, save and except as to such causes as shall have been come menced under the authority of the said act before the 1st September, and shall be then depending; all which causes shall be carried to a conclusion according to the rules prescribed by the said act. § 1.

Sheriffs may determine Causes not exceeding 100l. Scots.-From the 1st of September next, it shall be lawful for any sheriff in Scotland, within his county, to hear and determine in a summary way, all civil causes, and all prosecutions for statutory penalties, that may be competently brought before him, wherein the debt, demaud, or penalty, concluded for shall not exceed the value of 1007. Scots, exclusive of expences and fees of extract: Provided, that the pursuer or prosecutor shall in all cases be held to have passed from and abandoned any remaining portion of any debt, demand, or penalty, beyond the sum actually concluded for in any such cause or prosecution. § 2.

Form of Proceeding. And all such causes and prosecutions, which the pursuers or prosecutors shall choose to have heard and determined according to the summary mode hereby provided, shall proceed (except as hereinafter provided in regard to forthcomings) upon summons or complaint agreeably to the form in Schedule (A); which summons, being signed by the sheriff clerk, shall be a sufficient warrant to any sheriff's officer for summoning the defender to appear and answer at the next sheriff court after the date of the citation, not being sooner than upon the sixth day after, and also for summoning such witnesses and havers as either party shall require. And a copy of the said summons, with the

citation, and also a copy of the account, if any, shall be served at the same time by the sheriff's officer on the defender personally, or at his dwelling place; in which last case, if the defender shall not appear, he shall be cited a second time personally, or at his dwelling place, upon the words de novo being either subjoined to the original summons, and signed by the sheriff clerk, or written in the procedure book kept by the clerk, and signed by the sheriff, to appear at the next court after the date of the said citation, not being sooner than the sixth day. And if the defender has been cited for the first time to a diet of court not sooner than twelve free days from the date of the citation, it shall be lawful for the sheriff's officer, in case the defender shall not have been personally found at the first citation, to cite him a second time, either personally or at his dwelling place, to the same diet of court, on the authority of the original warrant, and without previously returning an execution of the first citation; provided, that such second eitation shall not be given sooner than upon the sixth day after the date of the first, nor later than upon the sixth day before the diet of court to which the defender is so cited for the second time. And the officer summoning parties, witnesses, or havers, shall in all cases return an execution of citation signed by him, or shall appear and give evidence on oath of such citation having been duly made; and all citations given by an officer alone without witnesses, and executions thereof subscribed by such officer, shall be good and effectual to all intents and purposes. § 3.

2

Arrestment of Goods of Defender.-And the pursuer of any civil cause may obtain a warrant, signed by the sheriff clerk of the county within which the defender resides, agreeably to the form in Schedule (B), for arrestment, on the dependence of the action, of any money, goods, or effects, to an amount not exceeding 100/. Scots, owing or belonging to such defender, in the hands of any third party, and may at any time before decree is pronounced, provided such time does not exceed sixty days from the date of warrant, use arrestment thereon against such money, goods, and effects owing or belonging to such defender, either within the county in which such warrant shall have been issued, or in any other county or counties: Provided, that before using such warrant in any other county, it shall be indorsed by the sheriff clerk of such other county, on payment of the fee hereinafter mentioned; and provided also, that any arrestment shall, on the expiry of three months from the date thereof, cease and determine, without the necessity of a decree or warrant of loosing the same, unless such arrestment shall be renewed by a special warrant or order duly intimated to the arrestee, in which case it shall subsist and be in force for the like time and under the like conditions as under the original warrant, or unless an action of forthcoming, in manner hereinafter provided, shall have been raised before the expiry of the said period of three months, in which case the arrestment shall subsist and be in force until the termination of such action of forthcoming. § 4.