1 W. 4, c. 70. [No. IV.] 1 W. IV. c. 3.-An Act to amend an Act of the last Session, for the better Administration of Justice, so far as relates to the Essoign and General Return Days of each Term, and to substitute other Provisions in lieu thereof; and to declare the Law with regard to the Duration of the Terms in certain cases. [23rd December 1830.] WHEREAS by an act passed in the last session of parliament, intituled An Act for the more effectual Administration of Justice in England and Wales, it was amongst other things enacted, That the essoign and general return days of each term should, until further provision be made by parliament, be as follows; that is to say, the first essoign or general return day for every term shall be the fourth day before the day of the commencement of the term, both days being included in the computation, the second essoign day shall be the fifth day of the term, the third shall be the fifteenth day of the term, and the fourth and last shall be the nineteenth day of the term, the first day of the term being already included in the computation, with the same relation to the commencement of each term as they now bear, and shall be distinguished by the day of the term on which they fall, the Monday being in all cases substituted for the Sunday when it shall happen that Repeal of so the day would fall on Sunday, except always that in Easter term there much of recited shall be four returns instead of five, the last being omitted: And act as relates to whereas it is expedient to repeal so much of the said act as is herein the appointrecited, and to make other provisions in lieu thereof: Be it therefore ment of essoign enacted, &c., That so much of the said act as is herein-before recited days. shall be and the same is hereby repealed. When writs are to be return able. For removing doubts as to duration of terms. For continuance and de II. That all writs now usually returnable before any of his Majesty's courts of king's bench, common pleas, or exchequer respectively, on general return days, that shall be made returnable after the first day of January in the year of our lord one thousand eight hundred and thirtyone, may be made returnable on the third day exclusive before the commencement of each term, or on any day, not being Sunday, between that day and the third day exclusive before the last day of the term; and the day for appearance shall, as heretofore, be the third day after such return, exclusive of the day of the return, or in case such third day shall fall on a Sunday, then on the fourth day after such return, exclusive of such day of return. III. And whereas it is expedient to remove all doubts that may exist as to the duration of the terms in any case that may occur; be it therefore declared and enacted, That in case the day of the month on which any term according to the act aforesaid is to end shall fall to be on a Sunday, then the Monday next after such day shall be deemed and taken to be the last day of the term; and that in case any of the days between the Thursday before and the Wednesday next after Easter shall fall within Easter term, then such days shall be deemed and taken to be a part of such term, although there shall be no sittings in banc on any of such intervening days. IV. And whereas it is expedient to provide for the continuance and determination of all such real actions, indictments, and informations termination of for criminal offences, and informations in the nature of quo warranto, actions, indictas may have been depending in any of the courts abolished by the said ments, &c. act; be it therefore enacted, That all indictments and informations for which may have been de- criminal offences, and proceedings had thereon, depending in any of the pending in any said courts, shall, at the next general assize and oyer and terminer to be holden in and for the county in the court whereof the same may be of the courts abolished by depending, be, by the late prothonotary of the same court, or other the recited act; officer or person having the custody thereof, delivered to the clerk of No. IV. assize of the same county, and shall be proceeded with and heard and determined in the same manner as if the same had been commenced at 1 W. 4, c. 3. an assizes or oyer and terminer holden in the same county by or before any judges of assize or oyer and terminer in and for such county; and as also of that all writs of right and other real actions depending in any of the writs of right. said courts, and all pleas and proceedings thereon, shall, at the request either of the demandant or tenant, be forthwith transmitted by such prothonotary, or other officer or person having the custody thereof, into the office of the prothonotaries of his Majesty's court of common pleas, and shall be proceeded with and heard and determined in the said court of common pleas in the same manner as if the same actions had been commenced in that court; and that all informations in the nature of quo warranto, and pleas and proceedings thereon, depending in any of the said abolished courts, shall, at the request either of the relator or defendant, be transmitted by such prothonotary, or other officer or person having the custody thereof, into the crown office of his Majesty's court of king's bench, and be proceeded with and heard and determined in the said court of king's bench as if the same had been commenced in that court; and every such delivery and transmission shall be made, certified, and signed, without fee or reward, by the officer or person delivering or transmitting the same. [By Section V., recoveries of lands might be suffered in the courts of the mayor of Chester, as heretofore; and fines levied on writs issued from the court of Chancery; and by Section VI., such fines might be reversed upon writ of error. Recoveries and fines are now however abolished. See ante, Part II., Class 10.] [No. V.] 1 & 2 W. IV. c. 31.-An Administration of Justice in Ireland. Act to improve the WHEREAS by an act passed in the first year of the reign of his pre 70. sent Majesty, intituled An Act for the more effectual Administration | W. 4, c. 1 of Justice in England and Wales, and also by an act passed in the last session of parliament, intituled An Act to amend an Act of the last Session, 1 W. 4, c. 3. for the better Administration of Justice, so far as relates to the Essoign and General Return Days of each Term, and to substitute other Provisions in lieu thereof, and to declare the Law with regard to the Duration of the Terms in certain Cases, certain specific days are fixed for the commencement and termination of each of the law terms respectively in that part of the united kingdom called England, and other regulations are made for the purpose of facilitating proceedings in certain actions; and it is expedient that similar provisions should be made with respect to Ireland; be it therefore enacted, &c., That in the year of our Lord one Alteration of thousand eight hundred and thirty-two, and afterwards, Hilary term terms. shall begin on the eleventh and end on the thirty-first day of January; Easter term shall begin on the fifteenth day of April and end on the eighth day of May; Trinity term shall begin on the twenty-second day of May and end on the twelfth day of June; and Michaelmas term shall begin on the second and end on the twenty-fifth day of November; and that in case any day heretofore mentioned for the commencement or the end of any term shall happen to fall on a Sunday, then the Monday next after such day shall be deemed and taken to be the first or last day of term respectively; provided that if the whole or any number of the days intervening between the Thursday before and the Wednesday next after Easter day shall fall within Easter term, such days shall be taken to be a part of such term, but there shall not be any sitting in banc on any of such intervening days, and the term shall in such case be prolonged and continue for such number of days of business as shall be equal to the number of intervening days before mentioned, exclusive of Easter day, and the commencement of the ensuing Trinity No. V. 1 & 2 W. 4, c. 31. term shall in such case be postponed, and its continuance prolonged for an equal number of days of business. II. That all writs now usually returnable before any of his Majesty's courts of king's bench, common pleas, or exchequer in Ireland respecWhen writs to tively on general return days, that shall be made returnable after the be returnable. first day of January one thousand eight hundred and thirty-two, may be made returnable on the third day exclusive before the commencement of each term, or on any day, not being Sunday, between that day and the third day exclusive before the last day of term; and the day for appearance shall as heretofore be the third day after such return exclusive of the day of the return, or in case such third day shall fall on a Sunday, then on the fourth day after such return exclusive of such day of return. Limitation of time for nisi III. That when the alteration of the terms herein-before mentioned shall take effect, not more than twenty-four days, exclusive of Sundays, prius sittings. after any Hilary, Trinity, and Michaelmas term, nor more than six days, exclusive of Sundays, after any Easter term, to be reckoned consecutively immediately after such terms, shall be appropriated to sittings in Dublin for the trial of issues of fact arising in any of his Majesty's courts of king's bench, common pleas, or exchequer; provided that if any trial at bar shall be directed by any of the said courts, it shall be competent to the judges of such court to appoint such day or days for the trial thereof as they shall think fit; and the time so appointed, if in vacation, shall for the purpose of such trial be deemed and taken to be a part of the preceding term: Provided also, That a day or days may be specially appointed at any time, not being within such twenty-four days or six days respectively, for the trial of any cause at nisi prius, with the consent of the parties thereto, their counsel or Judgments to be pronounced attornies. IV. That upon all trials for felonies or misdemeanors upon any record of the court of king's bench judgment may be pronounced during the in all trials for felonies upon sittings or assizes by the judge before whom the verdict shall be taken, record during as well upon any person who shall have suffered judgment by default or the sittings, confession upon the same record, as upon any person who shall be tried save as herein and convicted, whether any such person respectively be present or not excepted. in court, excepting only where the prosecution shall be by information filed by leave of the court of king's bench, or such cases of information filed by his Majesty's attorney general wherein the attorney general shall pray that the judgment may be postponed; and the judgment so pronounced shall be indorsed upon the record of nisi prius, and afterwards entered upon the record in court, and shall be of the same force and effect as a judgment of the court, unless the court shall within six days after the commencement of the ensuing term grant a rule to show cause why a new trial should not be had or the judgment amended; and it shall be lawful for the judge before whom the trial shall be had, either to issue an immediate order or warrant for committing the defendant in execution, or to respite the execution of the judgment, upon such terms as he shall think fit, until the sixth day of the ensuing term, and in case imprisonment shall be part of the sentence, to order the period of imprisonment to commence on the day on which the party shall be actually taken to and confined in prison. Judges may make rules relative to the practice of all the courts. Justification of bail before V. That in all cases relating to the practice of any of the courts of king's bench, common pleas, or exchequer, in matters over which the said courts have a common jurisdiction, or of or relating to the practice of the court of error, it shall be lawful for the judges of the said courts jointly, or any nine or more of them, including the chief of each court, to make general rules and orders for regulating the proceedings of all the said courts, which said rules and orders so made shall be observed in all of the said courts; and no general rule or order respecting such matters shall be made in any manner except as aforesaid. VI. That bail may be justified before a judge in chambers, or in some other convenient place to be by him appointed, as well in judge in chambers. term as in vacation, and whether the defendant is actually in custody or not. No. V. 1 & 2 W. 4, c. 31. VII. That a defendant who shall have been held to bail upon any mesne process issued out of any of his Majesty's superior courts of record may be rendered in discharge of his bail, either to the prison of Render in disthe court out of which such process issued, according to the practice of charge of bail, such court, or to the common gaol of the county in which he was so defendant not arrested; and the render to the county gaol shall be effectual in the being in manner following; (that is to say,) the defendant or his bail, or one of custody. them, shall for the purpose of such render obtain an order of a judge of one of his Majesty's superior courts of Dublin, and shall lodge such order with the gaoler of such county gaol, and a notice in writing of the lodgment of such order, and of the defendant's being actually in custody of such gaoler by virtue of such order, signed by the defendant or the bail, or either of them, or by the attorney or agent of any or either of them, shall be delivered to the plaintiff's attorney or agent; and the sheriff or other person responsible for the custody of debtors in such county gaol shall on such render so perfected be duly charged with the custody of such defendant, and the said bail shall be thereupon wholly exonerated from liability as such. VIII. That a defendant who shall hereafter be in custody of the Render in disgaoler of the gaol of any county, or county of a city, or county of a charge of bail, town, by virtue of any proceeding out of any of his Majesty's superior where defendcourts of record, may be rendered in discharge of his bail in any other ant is in action depending in any of the said courts in the manner herein-before custody. provided for a render in discharge of bail; and the keeper of such gaol, or the sheriff or other person responsible for the custody of debtors as aforesaid, shall on such render be duly charged with the custody of such defendant, and the said bail shall be thereupon wholly exonerated from liability as such. IX. That in the year of our Lord one thousand eight hundred and Times of holdthirty-two, and afterwards, the general or quarter sessions of the peace ing quarter in and for every county (save and except the county of Cork) shall be sessions. held at the following times; (that is to say,) the Easter sessions on any of the fourteen days next after the twenty-fifth day of March; the summer sessions on any day between the fourth day and the twelfth day next after the last day of Trinity term, both days inclusive; the October sessions on any of the fourteen days next after the eighth day of October; and the Hilary sessions on any of the fourteen days next after the twenty-sixth day of December; and that all acts, matters, and things done, performed, and transacted at the times appointed by this act for the holding of the general or quarter sessions of the peace shall be as valid and binding to all intents and purposes as if the same had been done, performed, and transacted at general quarter sessions of the peace holden at the times by law limited for the holding thereof before the passing of this act. X. That an act passed in the first and second years of his late Ma- Repeal of 1 & jesty's reign, intituled An Act to regulate the Times for holding the Gene- 2 G. 4, c. 62. ral Sessions of the Peace in the several Counties in Ireland, shall be and the same is hereby repealed. XI. That it shall and may be lawful for the chairman of the county of Dublin, and the assistant barrister in each county (except the county of Cork), at the general or quarter sessions to be held in such county next before each Hilary term, to fix and appoint the times for holding the next four sessions, of which times due notice shall be posted by the clerk of the peace, as now by law required to be done, on the first day of February in each year, and also six weeks before the day of holding each sessions. Future sessions to be appointed at the Hilary sessions in 1832, and every subsequent year. XII. And whereas landlords to whom a right of entry into or upon Landlords to any lands, tenements, or hereditaments may accrue during or imme- recover possesdiately after Hilary and Trinity terms respectively, are at present unable sion of lands, to prosecute ejectments against their tenants so as to try the same at &c. after notice of ejectment. No. V. 1 & 2 W. 4, c. 31. Declaration to be entitled specially. Writs of possession may the assizes immediately ensuing, whereby much delay is occasioned in the recovery of the possession of lands and tenements wrongfully withheld by tenants against their landlords; be it therefore enacted, That in all actions of ejectment hereafter to be brought in any of his Majesty's courts at Dublin, by any landlord against his tenant, or against any person claiming through or under such tenant, for the recovery of any lands, tenements, or hereditaments, where the tenancy shall expire or the right of entry into or upon such lands, tenements, or hereditaments shall accrue to such landlord in or after Hilary or Trinity terms respectively, it shall be lawful for the lessor of the plaintiff in any such action, at any time within ten days after such tenancy shall expire or right of entry accrue as aforesaid, to serve a declaration in ejectment, entitled of the day next after the day of the demise in such declaration, whether the same shall be in term or in vacation, with a notice thereunto subjoined requiring the tenant or tenants in possession to appear and plead thereto within ten days in the court in which such action may be brought; and proceedings shall be had on such declaration, and rules to plead entered and given in such and the same manner, as nearly as may be, as if such declaration had been duly served before the preceding term: Provided always, That no judgment shall be signed against the casual ejector until default of appearance and plea within such ten days, and that at least six clear days notice of trial shall be given to the defendant before the commission day of the assizes at which such ejectment is intended to be tried; provided also, that any defendant in such action may at any time before the trial thereof apply to a judge of either of his Majesty's superior courts, by summons in the usual way, for time to plead, or for staying or setting aside the proceedings, or for postponing the trial until the next assizes; and that it shall be lawful for the judge, in his discretion, to make such order in the said cause as to him shall seem expedient. XIII. That in making up the record of the proceedings of any such declaration in ejectment it shall be lawful to entitle such declaration specially of the day next after or any other day after the day of the demise therein, whether such day shall be in term or in vacation; and no judgment thereupon shall be avoided or reversed only of such special title. XIV. That in all cases of trials of ejectment at nisi prius, when a verdict shall be given for the plaintiff, or the plaintiff shall be nonsuited issue on judges' for want of the defendant's appearance to confess lease, entry or ouster,certificate, &c. and where no bill of exception or written objection signed by the defendant's counsel, or no certificate of such counsel that the defendant has a good defence in equity, shall have been tendered to the judge before whom the cause shall be tried, it shall be lawful for such judge to certify his opinion on the back of the record that a writ of possession ought to issue immediately; and upon such certificate a writ of possession may be issued forthwith, and the costs may be taxed, and judgment signed and executed afterwards at the usual time, as if no such writ had issued: Provided always, That such writ, instead of reciting a recovery by judgment in the form now in use, shall recite shortly that the cause came on for trial at nisi prius at such a time and place and before such a judge (naming the time, place, and judge,) and that thereupon the said judge certified his opinion that a writ of possession ought to issue immediately. Writs of inquiry returnable on in writ. XV. That any writ of inquiry of damages to be issued in or by any of the said courts, by whatever form of process the action may have any day named been commenced, may be made returnable and be returned on any day certain, in term or vacation, to be named in such writ, and such writ shall be as valid and effectual as if the same had been returnable according to the course of the common law, and thereupon at the return thereof a rule for judgment may be given, costs taxed, final judgment signed, and execution issued forthwith, unless the sheriff or other officer before whom the same may be executed shall certify under his hand upon such |