SECT. 29. Officers not to act as attornies in the court .. 30. Penalty of 50%, on non-observance of the two previous enactments.. 31. Appointment of bailifs.. 32. Repealed.. 33. Duties of the high bailiffs PAGE 367 367 368 34. Clerks and high bailiffs of courts under acts in Schedules A. and B.) 370 35. Provision respecting the officers of the two courts at Bristol 36. Treasurers, clerks and high-bailiffs to give security.. 37. Repealed.. 38. Compensation for persons whose rights or emoluments will be diminished 39. Officers may be paid by salaries instead of fees .. 370 370 .. 371 372 372 43. Treasurer of the court to render accounts to audit board 46. Clerk to send to commissioners of audit an account of all sums paid 47. Accounts, when audited, to be sent to Treasury 378 .. 378 49. Where common gaols are inconvenient, what prisons may be used.. 50. Power for purchasing land 53. Property of courts in Schedules (A.) and ( B.) to vest in the treasurer 381 54. Provisions for outstanding liabilities .. 62. Proof of service of process out of district, or in absence of bailiff .. 63. Demands not to be divided for the purpose of bringing two or more suits 68. One of several persons liable may be sued 69. Judge alone to determine all questions, unless a jury be summoned.. 394 70. Actions may be tried by a jury when parties require it 78. Forms of procedure in courts to be framed by the judges 79. Proceedings if plaintiff does not appear or prove his case 80. Proceedings if the defendant does not appear 87. Fines, how to be enforced 402 90. No actions to be removed into superior courts but on certain 97. Securities seized to be held by high bailiff 98. Parties having obtained an unsatisfied judgment, may obtain a summons on charge of fraud, &c. 99. Commitment for frauds, &c. 100. Power of judge to rescind or alter orders 101. Power to examine and commit at hearing of the cause 411 109. Execution to be superseded on payment of debt and costs 110. Debtor to be discharged from custody upon payment of debt and costs 420 111. Minutes of proceedings to be kept .. 420 420 112. Suitors' money unclaimed in six years, to go to general fund 113. Power of committal for contempt 114. Penalty for assaulting bailiffs, or rescuing goods taken in execution 422 115. Bailiffs made answerable for escapes, and neglect to levy execution 422 116. Remedies against, and penalties on, bailiffs and other officers for misconduct 422 124. Judges, clerks, bailiffs or other officers not liable to actions on 426 428 130. Penalties and costs to be recovered before a justice 131. In default of security, offender may be detained till return of warrant of distress 132. In default of distress offender may be committed 133. Penalties not otherwise applied, to be paid into the general fund 134. Justices may proceed by summons in the recovery of penalties 135. Form of conviction 136. Proceedings not invalid for want of form 429 432 137. Distress not unlawful for want of form 433 433 435 140. Act not to affect rights of Universities of Oxford or Cambridge 141. Nothing to affect the courts of the wardens of the stannaries 142. Interpretation of act The County Courts Act, 1849 (12 & 13 Vict. c. 101). 1. To what prisons persons may be committed under recited act for frauds, &c. 2. To what prisons persons may be committed under the said act for contempt 3. Where debtors' prison is situated at an inconvenient distance, or crowded, secretary of state may authorise commitment to house of correction 4. Gaols maintained by lords of liberties and private persons not to be used without their consent 5. A prison used under 9 & 10 Vict. c. 95, s. 49, for any riding, parts or division of a county, to be deemed a common gaol for such riding, &c. 380 6. Repealed. 7. So much of recited act, 9 & 10 Vict. c. 95, s. 42, as directs clerk to pay over monies to treasurer, repealed SECT. 8. So much of 9 & 10 Vict. c. 95, s. 55, as enacts that clerks shall make contracts, &c. repealed 9. Repealed. 10. Judge may authorise bailiffs to act as brokers .. PAGE 356 11. So much of 9 & 10 Vict. c. 95, s. 8, as requires notice of her Majesty's intention to make order in council repealed 12. Repealed. 13. No action or suit to be brought in the Marshalsea or Palace Court or Peveril Court after the passing of this act (not printed). 14. Powers of such courts to cease (not printed). 15. Judgments of such courts how enforced (not printed). 16. Records of such courts (not printed). 17. Compensation to officers of such courts (not printed). 18. Attornies and solicitors not exempt from provisions of this act The County Courts Act, 1850 (13 & 14 Vict. c. 61). 2. This act to be construed with previous acts (not printed). 385 3. Deputy judge not to practise in district whilst he acts as deputy— Clerks, &c. to reside in district 360 9. Agreement as to the amount of debt, &c. and conditions of payment 10. If plaintiff or his attorney do not appear on day of hearing, costs may be awarded to defendant.. 11. Repealed. 392 399 19. No action to be brought against bailiff, &c., acting under order of the court without notice; and clerk to be made defendant 22. Judges may hear applications for writs of prohibition either in term or in vacation. 24. Town halls, &c. to be used free of rent-charge for sittings of County SECT. The County Courts Act, 1852 (15 & 16 Vict. c. 54). 1. Repealed. 2. Appeals to be heard in term as well as out of term PAGE 404 3. Power to judges of superior courts to make orders regulating appeals 404 4. Repealed. 5. Re-issuing warrants 417 6. Protection to officers 434 7. On petition to her Majesty, the jurisdiction of court of local jurisdiction may be excluded from that of the County Court in concurrent causes .. 430 8. Repealed. 9. Account of fees to be delivered .. 10. Persons qualified to practise before County Courts 11. Hundred courts of Offlow and Hemlingford abolished (not printed). 12. Compensation to officers of hundred courts (not printed). 13. Compensations to be paid out of consolidated fund (not printed). 14. Limiting salaries of judges and clerks .. 17. No clerk to be appointed for more than one district, except in certain cases .. 18. A registry of County Courts judgments to be established 19. No persons to be appointed clerks of the Bristol court until present clerks die, resign or are removed The County Courts Act, 1856 (19 & 20 Vict. c. 108). 1. Commencement of act (not printed). 2. Enactments in Schedule (A.) repealed (not printed). S. This act and previous acts to be construed together (not printed). 4. This act and previous acts to apply to debts sued for under 18 & 19 Vict. c. 67 (virtually repealed). 5. Time and mode of certain proceedings to be regulated by rules of practice.. 7. Where a court cannot be held proceedings to stand adjourned 8. Clerk to be called registrar 364 9. Registrar of more than one court to cease to be the registrar of all but one of such courts 11. Deputy of judge to continue to act after death of judge till a new one is appointed.. 361 12. Deputy of registrar to continue to act after death or removal of registrar 366 13. Judge to appoint deputy registrar provisionally if one has not been appointed 365 14. Assistant bailiffs to continue to act after removal of high bailiff 368 |