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Jurisdiction under the Provisions of this or the special Act, or any Act incorporated therewith, at a Time and Place mentioned in such Summons, and to administer to him an Oath to testify the Truth in such Matter; and if any Person so summoned shall, without reasonable Excuse, refuse or neglect to appear at the Time and Place appointed for that Purpose, having been paid or tendered a reasonable Sum for his Expences, or if any Person appearing shall refuse to be examined upon Oath, or to give Evidence before such Sheriff or Justice or Justices, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence.
CXLVI. It shall be lawful for any Officer or Agent of the Transient Company, and all Persons called by him to his Assistance, to seize Offenders. and detain any Person who shall be found committing any Offence against the Provisions of this or the special Act, or any Act incorporated therewith, and whose Name and Residence shall be unknown to such Officer or Agent, and convey him with all convenient Despatch before the Sheriff or a Justice, without any Warrant or other Authority than this or the special Act; and such Sheriff or Justice shall proceed with all convenient Despatch in the Matter of the Complaint against such Offender.
CXLVII. Any Sheriff to whom any Application is authorized Proceedings by to be made, and before whom any judicial Proceeding shall in Sheriff need not consequence take place or become necessary under or by virtue of be in Writing. this or the special Act, or any Act incorporated therewith, shall and he is hereby authorized and required summarily to call before him all Parties who appear to him to be interested therein, and to proceed forthwith to hear vivâ voce, and pronounce Judgment regarding the Matters mentioned in such Application or Proceedings, or to do the several Matters and Things required by this Act to be done by him, without waiting the ordinary Course of the Roll of Causes before him, and without written Pleadings or a written Record, or reducing any Evidence which may be led by either of the Parties to Writing, unless and except where the said Sheriff shall consider that the Matters mentioned in such Application or Proceedings can with more Advantage be decided with written Pleadings and with a written Record, in which Case he shall proceed to make up a Record, and bring the said Matters to a Conclusion with all convenient Despatch; and the Orders and Judgments of the said Sheriff when pronounced without a Record shall be final and conclusive, and not subject to Review by Suspension or Advocation or to Reduction on any Ground whatever. CXLVIII. The Sheriff or Justice or Justices before whom any Form of ConPerson shall be convicted of any Offence against this or the special viction. Act, or any Act incorporated therewith, may cause the Convic
tion to be drawn up according to the Form in the Schedule to this
CXLIX. No Proceeding in pursuance of this or the special Act, Proceedings for Want of Form, nor shall the same be removed by Suspension want of Form. Act incorporated therewith, shall be quashed or vacated not to be or otherwise into any Superior Court.
any Sheriff Substitute Power of Apincorporated therewith, peal to Sheriff.
CL. In all in which written Pleadings shall have been allowed, and a written under this or the special Act, or any Act
Parties allowed to appeal from Justices to Quarter Ses
sions on giving Security.
Court to make such Order as they think reasonable.
Copies of special Act to be kept and deposited, and allowed to be inspected.
Record shall have been made up, and where the Evidence which has been led by the Parties shall have been reduced to Writing, but in no other Case whatever, it shall be competent for any of the Parties thereto, within Seven Days after a final Judgment shall have been pronounced by such Sheriff Substitute, to appeal against the same to the Sheriff of the County, by lodging a Minute of Appeal with the Sheriff Clerk of such County or his Depute; and the said Sheriff shall thereupon review the Proceedings of the said Sheriff Substitute and whole Process, and, if he think proper, hear the Parties vivâ voce thereon, and pronounce Judgment; and such Judgment shall in no Case be subject to Review by Suspension or Advocation or to Reduction on any Ground whatever.
CLI. If any Party shall feel aggrieved by any Determination or Adjudication of any Justices with respect to any Matter under the Provisions of this or the special Act, or any Act incorporated therewith, he may, unless otherwise specially provided, appeal to the General Quarter Sessions for the County or Place in which the Cause of Appeal shall have arisen; but no such Appeal shall be entertained unless it be made within Four Months next after the making of such Determination or Adjudication, nor unless Ten Days Notice in Writing of such Appeal, stating the Nature and Grounds thereof, be given to the Party against whom the Appeal shall be brought, nor unless the Appellant forthwith after such Notice enter into Recognizances, with Two sufficient Sureties, before a Justice, conditioned duly to prosecute such Appeal, and to abide the Order of the Court thereon.
CLII. At the Quarter Sessions for which such Notice shall be given the Court shall proceed to hear and determine the Appeal in a summary Way, or they may, if they think fit, adjourn it to the following Sessions; and upon the hearing of such Appeal the Court may, if they think fit, mitigate any Penalty or Forfeiture, or they may confirm or quash the Adjudication, and order any Money paid by the Appellant, or levied by Distress upon his Goods, to be returned to him, and may also order such further Satisfaction to be made to the Party injured as they may judge reasonable; and they may make such Order concerning the Expences, both of the Adjudication and of the Appeal, as they may think reasonable.
And with respect to the Provision to be made for affording Access to the special Act by all Parties interested, be it enacted as follows:
CLIII. The Company shall at all Times after the Expiration of Six Months after the passing of the special Act keep in their principal Office of Business a Copy of the special Act, printed by the Printers to Her Majesty or some of them; and shall also within the Space of such Six Months deposit in the Offices of each of the Sheriff Clerks of the several Counties into which the Works shall extend a Copy of such special Act, so printed as aforesaid; and the said Sheriff Clerks shall receive, and they and the Company respectively shall retain, the said Copies of the special Act, and shall permit all Persons interested to inspect the same, and make Extracts or Copies therefrom, in the like Manner, and upon the like Terms, and under the like Penalty for Default,
as is provided in the Case of certain Plans and Sections by an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to compel Clerks of the Peace for Counties and 7W. 4. & 1 Vict. other Persons to take the Custody of such Documents as shall be c. 83. directed to be deposited with them under the Standing Orders of
either House of Parliament.
CLIV. If the Company shall fail to keep or deposit, as herein- Penalty for before mentioned, any of the said Copies of the special Act they failing to keep shall forfeit Twenty Pounds for every such Offence, and also Five or deposit Act. Pounds for every Day afterwards during which such Copy shall
be not so kept or deposited.
CLV. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this Session of Parliament.
SCHEDULE referred to by the foregoing Act.
Form of Conviction before
Be it remembered, That on the in the Year of our Lord
A.B. is convicted before me C., the Sheriff [or before us D., E., Two of Her Majesty's Justices of the Peace] for the County of [here describe the Offence generally, and the Time and Place when and where committed, contrary to the [here name the special Act]. Given under my Hand [or under our Hands], the Day and Year first above written.
CA P. XXXIV.
An Act for abolishing the separate Seal Office of the Courts of Queen's Bench and Common Pleas. [21st July 1845.]
HEREAS by an Act passed in the Sixth Year of the
Reign of King George the Fourth, intituled An Act to 6 G. 4. c. 89. authorize the Purchase of the Office of Receiver and Comptroller
of the Seal of the Court of King's Bench and Common Pleas, and of Custos Brevium of the Court of Common Pleas, it was recited, that the Office of Receiver General and Comptroller of 'the Seal of the Courts of King's Bench and Common Pleas was, by Letters Patent under the Great Seal of England, dated the Thirtieth Day of April in the Twenty-fifth Year of the Reign of King Charles the Second, granted to Henry Earl of Euston, afterwards Duke of Grafton, in Tail Male, and that the Office was then held by a Person entitled thereto under the said Grant; and it was by the said Act enacted, that it should be lawful for the Commissioners of the Treasury to treat, contract, and agree with the Person beneficially entitled to the Fees, Receipts, and Profits of the said Office, for the Purchase of all the Rights, Profits, Privileges, and Advantages whatever belonging thereto, for such Annuity, to be charged upon the Consolidated Fund of the United Kingdom, as the said Commissioners should think fit; and that from and after the Confirmation of the said AgreeCc 4
Abolition of Offices of Receiver General and Comptroller of the Seal..
to be sealed by the Masters of of those Courts respectively, &c.
ment by Parliament the Rights and Interests of all PersonsTM 'whatsoever claiming or entitled to claim under the said recited 'Letters Patent should cease and determine: And whereas the... • Commissioners of Her Majesty's Treasury treated, contracted, ' and agreed with George Henry Fitzroy, the late Duke of Grafton, 'who was entitled to the Office of Receiver General and Comp 'troller of the Seal of the Courts of Queen's Bench and Common Pleas, and which Contract and Agreement have been acceded to by the present Duke of Grafton, for the Purchase of the said Office, and of all the Rights, Profits, Privileges, and Advantages whatsoever belonging thereto, for an Annuity of Eight hundred and forty-three Pounds payable to the Duke of Grafton, and an Annuity of Three hundred Pounds payable to 'John Pimlott, his Deputy:' 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, That from and after the Thirty-first Day of December One thousand eight hundred and forty-five, the present Office of Re ceiver General and Comptroller of the Seal of the Courts of Queen's Bench and Common Pleas shall wholly cease and determine; and there shall be paid to the present Duke of Grafton the Sum of Eight hundred and forty-three Pounds per Annum, and to John. Pimlott, his Deputy, the Sum of Three hundred Pounds per Annum; the said Annuity to the Duke of Grafton to be paid to him during his Life, and at his Decease to be continued from Time to Time to such Person or Persons as would have been entitled to the Fees, Profits, and Advantages of the said Office of Receiver General and Comptroller of the Seal of the said Courts, under the Letters Patent before recited, if the same had not been abolished by this Act; and the said Annuity to John Pimlott to be paid to him during his Life; and such Annuities shall commence on the First Day of January One thousand eight hundred and forty-six, and shall be issued and paid and payable quarterly out of and be charged and chargeable upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland.
Writs, &c. in II. And be it enacted, That from and after the said Thirty-first Courts of Day of December One thousand eight hundred and forty-five, all Queen's Bench, Writs and other Processes hitherto sealed and re-sealed at the said Common Pleas, Office of the Receiver General and Comptroller of the Seal of the and Exchequer Courts of Queen's Bench and Common Pleas shall be sealed and re-sealed by the Masters of the said Courts respectively, and by the Queen's Coroner and Attorney and Master on the Crown Side of the Court of Queen's Bench, with the Seals or Stamps now of which may hereafter be used by them respectively in their several Offices, and with no other Seals; and all Proceedings, Acts, Matters, and Things, usually had, done, and performed in the said Offices hereby abolished, and which it is requisite or needful to be continued, shall be had, done, and performed by the Masters of the said respective Courts, and by the Queen's Coroner and Attorney and Master on the Crown Side of the Court of Queen's Bench, as fully and effectually, to all Intents and Purposes, as the same might or would have been had, done, and performed by the said Receiver General and Comptroller of the Seals of the said
Courts, or his Deputy; subject nevertheless to all such Orders
tain Sums of
III. And whereas certain Sums of Money amounting to One Commissioners thousand six hundred and fifty-three Pounds and Fourteen of the Treasury Shillings per Annum, have for many Years past been paid out may direct cerof the Profits of his Office by the Receiver General and Comp- Money to be 'troller of the Seals of the Courts of Queen's Bench and Common paid to the Pleas, by way of Rent-charge, into the Receipt of the Hanaper Clerk of the in the Court of Chancery, and such Payments, unless otherwise Hanaper. provided for, will wholly cease and determine;' be it therefore enacted, That it shall be lawful for the Commissioners of Her Majesty's Treasury or any Three or more of them, if they shall deem it expedient, to direct the whole or any Part of the said Sum of Money to be paid to the Clerk of the Hanaper in the Court of Chancery, at such Times and in such Manner as they may think proper, out of the Fee Funds respectively of the Masters of the Courts of Queen's Bench and Common Pleas, into which Funds the Fees for sealing Writs and other Process issued from the said Courts will be payable upon the Abolition of the said Office of the Receiver General and Comptroller of the Seals by the Operation of this Act.
CA P. XXXV.
An Act to simplify the Form and diminish the Expence of
WHEREAS it is expedient to simplify the Form and diminish the Expence of obtaining Infeftment in Heritable Property in Scotland? 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, That from How Sasine and after the First Day of October in the present Year One thou- to be given in