No Person to be held to Spe cial Bail where the Cause of Action is less • Cases, it was enacted, that from and after the First Day of June II. And Whereas by the said Act passed in the Forty third Year of the Reign of His late Majesty King George the Third, • Persons arrested upon Mesne Process were enabled, in lieu of 'giving Bail to the Sheriff, to deposit in the Hands of the Sheriff the Sum indorsed upon the Writ, together with Ten Pounds in addition to such Sum, to answer the Costs which might accrue up to the Time of the Return of the Writ, and also such further Defendant dis'Sum, if any, as should have been paid for the King's Fine upon charged from any Original Writ, and should thereupon be discharged from Arrest upon 'such making Deposit LI 2 pursuant to 48 G. 3. c. 46. to be paid into mains in Cus- with the Sheriff such Arrest: And Whereas it is expedient to extend the Pro"visions of the said Act, and to enable Persons who have been 'arrested to deposit or pay into the Court in which the Writ 'shall be returnable the Sum indorsed upon the Writ, together ' with an additional Sum as a Security for Costs, to abide the Event of the Suit, instead of putting in and perfecting Bail in the said Action;' Be it therefore enacted, That in all Cases in which any Defendant shall have been discharged from Arrest upon making such Deposit as is required by the said recited Act, and the Sum so deposited shall have been paid into Court, it shall be lawful for such Defendant, instead of putting in and perfecting Special Bail in the Action, according to the Course and Practice of the Court, to allow the Sum so deposited with the Sheriff, and by him paid into Court as aforesaid, together with the additional Sum of Ten Pounds, to be paid into Court by such Defendant as a further Security for the Costs of the Action, to remain in the Court to abide the Event of the Suit; and in all Cases where any 1 he, titt last Defendant shall have been arrested and shall have given Bail to of perfecting the Sheriff, or shall have been arrested and remain in Custody, it Ding: shall be lawful for such last-mentioned Defendant, instead of 1. 6 putting in and perfecting Special Bail, to deposit and pay into 634 the said Court the Sum indorsed upon the Writ, together with Bail to the Sheriff, he may pay the Debt into Court, with 20l. to answer Costs, and file Common Bail. Defendant may receive such Deposit and Payment out of Court, upon perfecting Spe cial Bail. the Amount of the King's Fine, if any, upon the Original Writ, and the further Sum of Twenty Pounds as a Security for the Costs of the Action, there to remain to abide the Event of the Suit; and thereupon the said Defendant may, and he is hereby required to enter a Common Appearance, or file Common Bail in the Action, within such Time as he would have been required to have put in and perfected Special Bail in the Action according to the Course of the said Court, or in default thereof the Plaintiff in the Action is hereby empowered to enter such Common Appearance or file Common Bail for the said Defendant, and the Cause may proceed as if the Defendant had put in and perfected Special Bail; and in case Judgment in the said Action shall be given for the Plaintiff, he shall be entitled, by Order of the Court, upon Motion made for that Purpose, to receive the said Money so remaining in, or so deposited or paid into the Court as aforesaid, or so much thereof as will be sufficient to satisfy the Sum recovered by the Judgment and the Costs of the Application; and if Judgment be given in the said Action for the Defendant, or the Plaintiff discontinue his Suit, or be otherwise barred, or in case the Sum deposited and paid into Court be more than sufficient to satisfy the Plaintiff, the said Money so deposited or paid into Court, or so much thereof as shall remain, shall by Order of the Court, upon Motion to be made for that Purpose, be repaid to such Defendant. III. Provided always, and be it enacted, That it shall and may be lawful for the said Defendant who hath made his Election to make such Deposit and Payment as aforesaid, at any Time in the Progress of the Cause before Issue joined in Law or Fact, or final or interlocutory Judgment signed, to receive the same out of Court, by Order of the said Court, upon putting in and perfecting Special Bail in the Cause, and Payment of such Costs to the Plaintiff as the said Court shall direct. IV. Pro after perfecting Bail, may make Deposit and Payment, and file Common Bail. IV. Provided also, and be it further enacted, That it shall and Defendant, may be lawful for any Defendant who shall have put in and perfected Special Bail in any Cause, upon Motion to the Court in which the Action is brought, if the Court shall so think fit, to deposit and pay into Court the Sum which would have been deposited and paid in case the Defendant had originally elected so to do, together with such further Sum, to answer the Costs, as the Court may direct, to abide the Event of the said Suit, and to be disposed of in manner aforesaid; and thereupon it shall be lawful for the said Court to direct a Common Appearance to be entered, or Common Bail to be filed for the Defendant, and an Exoneretur to be entered upon the Bail Piece in the said Cause. V. And Whereas the Provisions in the said Acts authorizing • Plaintiffs, in default of Appearance of Defendants, to enter a Common Appearance, or file Common Bail, as therein directed, are not deemed to extend to Proceedings by Original and other Writs whereupon no Capias is issued, and it is expedient to extend the Provisions of the said former Acts to such Proceedings;' Be mons to appear. it further enacted, That in all Cases where the Plaintiff or Plaintiffs Personal Sershall proceed by Original or other Writ, and Summons or Attach- vice of Summent thereupon, or by Subpoena and Attachment thereupon, in any Action at Law against any Person or Persons not having Privilege of Parliament, no Writ of Distringas shall issue for Default of Appearance, but the Defendant or Defendants shall be served personally with the Summons or Attachment, at the Foot of which shall be written a Notice, informing the Defendant or Defendants of the Intent and Meaning of such Service, to the Effect following: CD. [naming the Defendant], You are served with this Process at the Suit of A. B. [naming the Plaintiff or Plaintiffs], to the Intent that you may appear by your Attorney in His Majesty's Court of at Westminster, at the Return hereof, being the Day of in order to your Defence in this Action; and take notice, that in default of your Appearance the said A. B. 'will cause an Appearance to be entered for you, and proceed thereon as if you had yourself appeared by your Attorney.' But in case it shall be made appear to the Satisfaction of the Court, or, in the Vacation, of any Judge of the Court from which such Process shall issue, or into which the same shall be returnable, that the Defendant or Defendants could not be personally served with such Summons or Attachment, and that such Process had been duly executed at the Dwelling House or Place of Abode of such Defendant or Defendants, and then it shall and may be lawful for the Plaintiff or Plaintiffs, by Leave of the Court, or Order of such Judge as aforesaid, to sue out a Writ of Distringas to compel the Appearance of such Defendant or Defendants; and that at the Time of the Execution of such Writ of Distringas there shall be served on the Defendant or Defendants, by the Officer executing such Writ, if he, she, or they can be met with, and if he, she, or they cannot then be met with, there shall be left at his, her, or their Dwelling House or other Place where such Distringas shall be executed, a written Notice in the following -Form: When Defendant does not appear, the Plaintiff may proceed by Writ of Distringas. + Sic. Form of Notice on the Execu tion of Writ of Distringas. If Defendant does not appear within Eight Days, Plaintiff may enter a Common Ap pearance. From 1st Au extended to Actions for higher Sums. nr. 10 B. M. IN the Court of [specifying the Court in which the Suit shall be depending], between A. B. Plaintiff and C. D. • Defendant, [naming the Parties]: Take Notice, that I have this Day distrained upon your Goods and Chattels for the Sum of Forty Shillings, in consequence of your not having appeared by your Attorney in the said Court at the Return of a Writ of returnable there on the 'Day of ; and that in default of your appearing to the present Writ of Distringas at the Return thereof, 'being the Day of 6 the ⚫ said A. B. will cause an Appearance to be entered for you, and proceed thereon as if you had yourself appeared by your Attor 6 ney. E. F. [the Name of the Sheriff's Officer.]' To C. D. the above-named Defendant.' And if such Defendant or Defendants shall not appear at the Return of such Original or other Writ, or of such Distringas, as the Case may be, or within Eight Days after the Return thereof, in such Case it shall and may be lawful to and for the Plaintiff or Plaintiffs, upon Affidavit being made and filed in the proper Court of the personal Service of such Summons or Attachment, and Notice written on the Foot thereof as aforesaid, or of the due Execution of such Distringas, and of the Service of such Notice as is hereby directed on the Execution of such Distringas, as the Case may be, to enter a Common Appearance for the Defendant or Defendants, and to proceed thereon as if such Defendant or Defendants had entered his, her, or their Appearance; any Law or Usage to the contrary notwithstanding; and that such Affidavit or Affidavits may be made before any Judge or Commissioner of the Court out of or into which such Writ shall issue or be returnable, authorized to take Affidavits in such Court, or else before the proper Officer for entering Common Appearances in such Court, or his lawful Deputy, and which Affidavit is hereby directed to be filed gratis. VI. And be it further enacted, That all and every the Provigust 1827, the sions contained in the said Act of the Nineteenth Year of the Reign Provisions of of His late Majesty King George the Third, respecting Actions in 19 G. 3. c. 70. inferior Courts where the Cause of Action should amount to less than Ten Pounds, shall be and the same are hereby, from and after the said First Day of August, extended to all Actions in such Courts where the Cause of Action shall not amount to Twenty Pounds, exclusive of all Costs, Charges, and Expences as aforesaid; and that so much of any Act or Acts heretofore passed for the Recovery of Debts within certain Districts and Jurisdictions, which may have authorized the Arrest and Imprisonment of Defendants when the Cause of Action amounts to less than Twenty Pounds, exclusive of such Costs, Charges, and Expences as aforesaid, shall be and the same is hereby, from and after the said First Day of August, repealed. 458 VII. And Whereas the holding to Special Bail Persons inhabiting within the Principality of Wales, or Counties Palatine, by Process out of the Courts of Record at Westminster, in Debts of small Amount, is oppressive and vexatious, and the Remedy 'intended Mesne in Wales, Chester, Lancaster, or Dur ham, by Process out of any Courts at West minster. Sheriff, &c. not to execute Pro ⚫ intended for Prevention thereof, by an Act passed in the ⚫ Eleventh and Twelfth Years of the Reign of King William the • Third, intituled An Act for preventing of frivolous and vexatious Suits in the Principality of Wales, and the Counties Palatine, ⚫ ought to be amended and extended;' Be it enacted, That no As to Arrests Sheriff or other Officer within the said Principality, or the Counties Palatine of Chester, Lancaster, or Durhum, shall, upon any Process issuing out of any of His Majesty's Courts of Record at Westminster, after the said First Day of August, arrest or hold any Person to Special Bail, unless such Process shall be duly marked and indorsed for Bail in a Sum not less than Fifty Pounds. • VIII. And Whereas Arrests of the Person have in many Instances been made under Writs sued out by Persons not being 'Attornies or Solicitors, and whose Places of Residence have been unknown, and the Practice has been found to be productive of Oppression and Vexation;' Be it enacted, That from and after the said First Day of August next, no Sheriff, Under Sheriff, or other Officer having the Execution of Process, shall grant any Warrant for the Arrest of, or shall arrest the Person of any Defendant, upon any Writ or Process issued by any Plaintiff in his own Person, unless the same Writ shall, at or before the Time of granting such Warrant or of making such Arrest, be delivered to such Sheriff, Under Sheriff, or other Officer having the Execution of Process, by some Attorney of One of the Courts of Record at Westminster, or of the Courts of Great Sessions in Wales, or of the Courts of the Counties Palatine of Lancaster or Durham, or of the Court out of which the said Writ shall have issued, or by the Clerk of such Attorney, or an Agent authorized by such Attorney in Writing, and unless the said Writ shall be indorsed by such Attorney or his Clerk, or such Agent as aforesaid, in the Presence of such Sheriff, Under Sheriff, or other Officer having the Execution of Process, with the Name and Place of Abode of such Attorney. cess, unless the Writ be delivered by an Attorney, &c. and indorsed with his Name and Place of Abode. void. IX. And be it further enacted, That all Warrants granted, Warrants, &c. and all Arrests of the Person made, contrary to the Provisions contrary hereto, of this Act, shall be altogether illegal and void: Provided always, that nothing herein contained shall extend to any Writ or Process Exception. sued out by any Attorney, Solicitor, Clerk of Court, or other Officer of any Court, having Authority to sue out Process in his own Name. X. Provided always, That nothing herein contained shall extend to those Parts of the United Kingdom called Scotland and Ireland. CAP. LXXII. An Act to amend the Acts for building and promoting the < W Act not to extend to Scot land or Ireland. HEREAS an Act was passed in the Fifty eighth Year of the Reign of His late Majesty King George the Third, intituled 58 G. s. c. 45. An Act for building and promoting the building of additional Churches in populous Parishes, whereby it was enacted, that it ⚫ should be lawful for His Majesty, by Letters Patent, to appoint < such Persons as His Majesty should deem fit, to be His Com |