either by writ, plaint, or other legal procedure, according to the practice of the said court, shall not exceed fifty pounds, and the judgment of the court cannot be conveniently or effectually enforced within the jurisdiction of the said court, it shall be lawful for the party entitled to the benefit of the judgment to sue out a writ of execution, and to send the same to the clerk of any county court within the district of which the judgment debtor or his goods and chattels shall then be or be believed to be, with a warrant thereto annexed, under the hand of the registrar and seal of the court of the vicewarden, requiring execution of the same, and with the fees lawfully payable in like cases for execution of such writ in the county court; and thereupon the said clerk shall cause the same to be executed by the high bailiff of the county court in due course of law, as if the same had been issued by the court of which he is high bailiff, and the said bailiff shall have the same powers and protection as if he were executing the process of such county court, and shall make his return to the clerk of the said court, and pay over to him the amount levied, if any; and the clerk shall forthwith certify the said return, and remit the amount so paid, less the costs of making such levy according to the practice of the county courts, to the party prosecuting the writ; and the judge of the said county court shall have and exercise the same power and authority over the clerk and high bailiff, and shall have power to adjudicate upon summons of interpleader in case of adverse claims to goods taken in execution, as if the execution had been under the warrant of his own court. XVII. Where any cause touching the usage or customs of mining or of miners, or the principles and incidents of cost book partnership or of cost book mines, or the privileges and franchises of tinners or miners, or the effect and operation of setts or licences to mine, or contracts for the sale or transfer of shares in mines, or the custom of tin bounds or the nature and incidents thereof, shall be pending before one of the judges of the county courts within the stannaries, the said judge shall, at the request of either party, have power to remit the said cause for trial or hearing before the court of the vice-warden, who shall thereupon have all the same powers and jurisdiction with respect to the cause as if it had been commenced by plaint in the court of the vice-warden, subject to the like appeal as in other causes so commenced. Removal of certain causes from the county court. SHERIFFS (LONDON) COURT. 15 VICT. CAP. lxxvii. An Act for the more easy Recovery of Small Debts and XLI. That any summons or other process which under this act shall be required to be served out of the city of London or the liberties thereof may be served by the bailiff of any court holden in any part of England, under an act passed in the ninth and tenth years of the reign of her present Majesty, intituled "An Act for the more easy Recovery of Small Debts and Demands in England," or any act altering or amending the same; and such service shall be as valid as if the same had been made under the provisions of this act by the bailiff of the sheriff's court within the city of London or the liberties thereof. XLII. That any summons or other process which, under the before-mentioned act for the more easy recovery of small debts and demands in England, or under any act altering or amending the same, shall be required to be served out of the district of the court from which the same shall have issued, may be served within the city of London or the liberties thereof by the bailiff of the sheriffs' court; and such service shall be as valid as if the same had been made by the bailiff of the court out of which such summons or other process shall have issued within the jurisdiction of the court. XCIV. That in all cases where a warrant of execution shall have issued against the goods and chattels of any party, or an order for his commitment shall have been made under this act, and such party or his goods and chattels shall be out of the jurisdiction of the court, it shall be lawful for the chief bailiff of the court to send such warrant of execution or of commitment to the clerk of any county court constituted under the before-mentioned act for the more easy recovery of small debts and demands in England within the jurisdiction of which such party or his goods and chattels shall then be or be believed to be, with a warrant thereto annexed, under the hand of the chief bailiff and seal of the court holden under the provisions of this act, requiring execution of the same; and the clerk of the county court to which the same shall be sent shall seal or stamp the same with the seal of his court, and issue the same to the high bailiff of his court; and thereupon such bailiff shall be authorized and required to act in all respects as if the original warrant of execution or commitment had been directed to him by the court of which he is the high bailiff, and shall, within such time as shall be specified in the rules of practice, return to the chief bailiff of the court holden under the provisions of this act what he shall have done in the execution of such process; and in case a levy shall have been made shall, within such time as shall be specified in the rules of practice, pay over all moneys received in pursuance of the warrant to the chief bailiff of the court holden under the provisions of this act, retaining the fees for execution of the process; and where any order of commitment shall have been made, and the person apprehended, he shall be forthwith conveyed, in custody of the bailiff or officer apprehending him, to the gaol or house of correction or other prison of the court within the jurisdiction of which he shall have been apprehended, and kept therein for the time mentioned in the warrant of commitment, unless sooner discharged under the provisions of this act; and all constables and other peace officers shall be aiding and assisting within their respective districts in the execution of such warrant: provided always, that if such party, or his goods and chattels, shall not be within the jurisdiction of any county court constituted under the before-mentioned act, it shall be lawful for the bailiff of the court holden under the provisions of this act to apply to any justice of the peace acting for the county or place in which such party or his goods and chattels shall happen to be; and upon such officer producing to such justice such warrant, and making oath (which oath such justice is hereby empowered to administer) that the same has been duly issued out of the court, and that the person or goods and chattels (as the case may be) of such person is or are not to be found within the jurisdiction of the court, but is or are believed by such officer to be within the county or place where such justice acts, such justice shall sign his name on the back of such warrant, and thereupon such bailiff shall have power to take the body or goods and chattels of such person (as the case may be) wheresoever the same shall be found within such county or place, and deal forthwith, in like manner as if the same had been taken within the jurisdiction of the court; and all constables and other peace officers are hereby required to be aiding, within their respective jurisdictions, in the execution of the warrant so endorsed as aforesaid. XCV. That in all cases where a warrant of execution shall have issued against the goods and chattels of any party, or an order for his commitment shall have been made, under the before-mentioned act for the more easy recovery of small debts and demands in England, and such party or his goods and chattels shall be or be believed to be within the city of London or the liberties thereof, it shall be lawful for the high bailiff of the county court from which such warrant of execution shall have issued, or by which such order of commitment shall have been made, to send such warrant or order to the chief bailiff of the sheriffs court, with a warrant thereto annexed under the hand of the high bailiff and the seal of the county court from which the original warrant or order issued, requiring execution of the same, and the clerk of the sheriffs court shall seal or stamp the same with the seal of the court holden under the provisions of this act, and shall issue the same to the chief bailiff of the court; and thereupon such chief bailiff shall be authorized and required to act in all respects as if the original warrant of execution or order of commitment had been directed to him by the court holden under the authority of this act, and shall, within such time as shall be specified in the rules of practice, return to the high bailiff of the county court from which the same originally issued what he shall have done in the execution of such process; and in case a levy shall have been made shall, within such time as shall be specified in the rules of practice, pay over all moneys received in pursuance of the warrant to the high bailiff of the court from which the same shall have originally issued, retaining the fees for execution of the process; and where any order of commitment shall have been made, and the person apprehended mentioned in such order shall be within the city of London or the liberties thereof, he shall be forthwith conveyed in the custody of the bailiff or officer apprehending him to some gaol, house of correction, or other prison within the city of London or the liberties thereof, and kept therein for the time mentioned in the warrant of commitment, unless sooner discharged under the provisions of the before-mentioned act for the recovery of small debts and demands in England, or under any act altering or amending the same. TRUSTEE RELIEF ACTS. trust moneys or transfer stocks and securities An Act for better securing Trust Funds, and for the Relief of Trustees, 10 & 11 Vict. c. 96. [22nd July, 1847.] WHEREAS it is expedient to provide means for better securing trust funds, and for relieving trustees from the responsibility of administering trust funds in cases where they are desirous of being so relieved: Be it 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 all trustees, executors, Trustees may pay administrators, or other persons, having in their hands any moneys belonging to any trust whatsoever, or the major part of them, shall be at liberty, on filing an affidavit shortly describing the instrument creating the trust, into the court of according to the best of their knowledge and belief, to pay the same, with chancery. the privity of the accountant-general of the high court of chancery, into the bank of England, to the account of such accountant-general in the matter of the particular trust (describing the same by the names of the parties, as accurately as may be, for the purpose of distinguishing it), in trust to attend the orders of the said court; and that all trustees or other persons having any annuities or stocks standing in their name in the books of the governor and company of the bank of England or of the East India Company or South Sea Company, or any government or parliamentary securities standing in their names, or in the names of any deceased persons of whom they shall be personal representatives, upon any trusts whatsoever, or the major part of them, shall be at liberty to transfer or deposit such stocks or securities into or in the name of the said accountant-general, with his privity, in the matter of the particular trust (describing the same as aforesaid), in trust to attend the orders of the said court; and in every such case the receipt of one of the cashiers of the said bank for the money so paid, or, in the case of stocks or securities, the certificate of the proper officer, of the transfer or deposit of such stocks or securities, shall be sufficient discharge to such trustees or other persons for the money so paid, or the stocks or securities so transferred or deposited. Receipt of bank cashier, or certificate of proper officer, to be sufficient discharge. Court of chancery to make orders on petition, without bill, for application of trust moneys and administration of trust. II. And be it enacted, that such orders as shall seem fit shall be from time to time made by the high court of chancery in respect of the trust moneys, stocks or securities so paid in, transferred and deposited as aforesaid, and for the investment and payment of any such moneys or of any dividends or interest on any such stocks or securities, and for the transfer and delivery out of any such stocks and securities, and for the administration of any such trusts generally, upon a petition to be presented in a summary way to the lord chancellor or the master of the rolls, without bill, by such party or parties, as to the court shall appear to be competent and necessary in that behalf, and service of such petition shall be made upon such person or persons as the court shall see fit and direct; and every order made upon any such petition shall have the same authority and effect, and shall be enforced and subject to rehearing and appeal, in the same manner as if the same had been made in a suit regularly instituted in the court; and if it shall appear that any such trust funds cannot be safely distributed without the institution of one or more suit or suits, the lord chancellor or master of the rolls may direct any such suit or suits to be instituted. An Act for the further Relief of Trustees, 12 & 13 Vict. c. 74. [28th July, 1849.] Court of chancery may, upon application by ma jority of trustees, &c., order pay. ment or transfer of trust moneys, stocks, or secu rities into court of chancery. WHEREAS difficulties have arisen in the transfer of securities vested in trustees in certain cases under the provisions of an act passed in the session of parliament holden in the tenth and eleventh years of the reign of her present Majesty, intituled "An Act for better securing Trust Funds, 10 & 11 Vict. and for the Relief of Trustees," and it is expedient to make further provi- c. 96. sion for carrying into effect the object of the said recited act: Be it there. fore 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 if upon any petition presented to the lord chancellor or master of the rolls in the matter of the said act it shall appear to the judge of the court of chancery before whom such petition shall be heard that any moneys, annuities, stocks, or securities are vested in any persons as trustees, executors, or administrators, or otherwise, upon trusts within the meaning of the said recited act, and that the major part of such persons are desirous of transferring, paying, or delivering the same to the accountant-general of the high court of chancery under the provisions of the said recited act, but that for any reason the concurrence of the other or others of them cannot be had, it shall be lawful for such judge as aforesaid to order and direct such transfer, payment, or delivery to be made. by the major part of such persons without the concurrence of the other or others of them; and where any such moneys or government or parliamentary securities shall be deposited with any banker, broker, or other depository, it shall be lawful for such judge as aforesaid to make such order for the payment or delivery of such moneys, government or parliamentary securities, to the major part of such trustees, executors, administrators, or other persons as aforesaid, for the purpose of being paid or delivered to the said accountant-general, as to the said judge shall seem meet; and every transfer of any annuities, stocks or securities, and every payment of money or delivery of securities, in pursuance of any such order, shall be as valid and effectual as if the same had been made on the authority or by the act of all the persons entitled to the annuities, stocks or securities so transferred, or the moneys or securities so paid or delivered respectively, and shall fully protect and indemnify the governor and company of the bank of England, the East India Company and the South Sea Company, and all other persons acting under or in pursuance of such order. An Act to further amend the Law of Property, and to relieve to judge of XXX. Any trustee, executor or administrator shall be at liberty, without Trustee, execu the institution of a suit, to apply by petition to any judge of the high court tor, &c., may of chancery, or by summons upon a written statement to any such judge apply by petition at chambers, for the opinion, advice or direction of such judge on any chancery for question respecting the management or administration of the trust property opinion, advice, or the assets of any testator or intestate, such application to be served upon &c., in manageor the hearing thereof to be attended by all persons interested in such ap- trust property. plication, or such of them as the said judge shall think expedient; and the trustee, executor or administrator acting upon the opinion, advice or direc ment, &c., of |