writ that judgment ought not to be signed until the defendant shall have had an opportunity to apply to the court to set aside the execution of such writ, or one of the judges of the said courts shall think fit to order the judgment to be stayed until a day to be named in such order: Provided always, that in case the signing of judgment on such writ shall be postponed by reason of such certificate or order, or by the choice of the plaintiff, or otherwise, and judgment shall afterwards be signed thereon, such judgment shall be entered of record as of the day of the return of such writ, unless the court shall otherwise direct; and provided always, that notice of the holding of such inquiry shall have been given to the defendant, or if the defendant shall have appeared by attorney, to his attorney in said cause, eight days at least before the execution of such writ of inquiry. No. V. 1 & 2 W. 4, c. 31. and execution forthwith. XVI. That in all actions brought in any of the said courts, by what- On certificate ever form of process the same may be commenced, it shall be lawful for of judge, after the judge before whom any issue joined in such action shall be to be verdict or nontried, in case the plaintiff or demandant therein shall become nonsuit, suit, judgment or a verdict shall be given for the plaintiff or demandant, defendant or tenant, and when no exception or legal objection in writing, and signed may be entered by counsel, shall be taken to the opinion of such judge, to certify under his hand on the back of the record, at any time before the end of the sittings or assizes, that in his opinion execution ought to issue in such action forthwith, or at some day to be named in such certificate, and subject, or not, to any condition or qualification, and in case of a verdict for the plaintiff, then either for the whole or for any part of the sum found by such verdict; in all which cases a rule for judgment may be given, costs taxed, and judgment signed forthwith, and execution may be issued forthwith or afterwards, according to the terms of such certificate, on any day in vacation or term; and the postea, with such certificate as a part thereof, shall and may be entered of record as of the day on which the judgment shall be signed, although the writ of distringas juratores, or habeas corpora juratorum, may not be returnable until after such day: Provided always, that it shall be lawful for the party entitled to such judgment to postpone the signing thereof. XVII. That every judgment to be signed by virtue of this act may be Judgment so entered and recorded as the judgment of the court wherein the action signed may be shall be depending, although the court may not be sitting on the day of recorded as the the signing thereof; and every execution issued by virtue of this act judgment of the shall and may bear teste on the day of issuing thereof; and such judg- court; ment and execution shall be as valid and effectual as if the same had been signed and recorded and issued according to the course of the common law; Provided always, that notwithstanding any judgment signed but the court or recorded or execution issued by virtue of this act, it shall be lawful may order it to for the court in which the action shall have been brought to order such be vacated. judgment to be vacated and execution to be stayed or set aside, and to enter an arrest of judgment, or grant a new trial or new writ of inquiry, as justice may appear to require; and thereupon the party affected by such writ of execution shall be restored to all that he may have lost thereby, in such manner as upon the reversal of a judgment by writ of error, or otherwise, as the court may think fit to direct. XVIII. Provided always, That no taxing officer of any of the said Attendance of courts shall, for the purpose of taxing costs on any judgment to be taxing officer. signed by virtue of this act, be compelled to attend at any time between the last day of August and the twenty-first day of October in any year. XIX. That so much of an act passed in the first and second years of Repeal of 1 & 2 the reign of his late Majesty king George the fourth, intituled An Act G. 4, c. 59, s. for the Relief of Insolvent Debtors in Ireland, as enacts that no prisoner 50, as to the against whom any commission of bankrupt shall have issued and shall time for disremain in force, and who shall not have obtained a certificate of his or charge of unher conformity to the several statutes concerning bankrupts under such certicated commission, shall be entitled to be discharged by virtue of that act from bankrupts. No. V. 1 & 2 W. 4, c. 31. Persons who have been de clared bankrupt and not obtained their certificates shall not be entitled to the any debt for which such prisoner shall be detained in custody, and which might have been proved under such commission, unless such prisoner shall have been detained in prison for the space of three years before the time when such prisoner shall apply for his or her discharge under that act, shall be and the same is hereby repealed. XX. That no person petitioning the court for relief of insolvent debtors for relief under any act relating to insolvent debtors in Ireland, who shall have been duly declared bankrupt before the commencement of his or her imprisonment under any commission remaining in force, and shall not have obtained his or her certificate under such commission, shall be entitled to the benefit of any such act within the space of three years after such declaration of bankruptcy, benefit of this unless three fourths in number and value of the creditors against whom act within three such person shall seek to be discharged by virtue of such act or acts shall signify their assent to such discharge, or it shall be made to appear to the satisfaction of such court, or of a commissioner thereof on his circuit, that such person has since such declaration of bankruptcy endeavoured by industry and frugality to pay all just demands upon him or her, and has incurred no unnecessary expence, and that the debts which such person has incurred subsequent to such declaration of bankruptcy have been necessarily incurred for the maintenance of such person or his or her family, or that the insolvency of such person has arisen from misfortune, or from inability to acquire subsistence for himself or herself, and his or her family. years, except in certain cases. Discharge may extend to pro cess for con tempt in nonpayment of money, and to costs incurred by creditor. formance or nonperformance of an act. XXI. That the discharge of any prisoner under the authority of any act which now is or may hereafter be in force for the relief of insolvent debtors shall and may extend to all process issuing from any court of law or equity for any contempt of such court for nonpayment of money or of costs, charges, or expences in any such court; and that in such case such discharge shall be deemed to extend to all costs which such prisoner shall be liable to pay in consequence or by reason of such contempt, or on purging the same; and that every such discharge as to any debt or damages of any creditor of any such prisoner shall be deemed to extend also to all costs incurred by such creditor before the filing of such prisoner's schedule in any action or suit brought by such creditor against such prisoner for the recovery of the same; and that all persons as to whose demands for any such costs, money, or expences any such prisoner shall be so discharged, shall be deemed and taken to be creditors of such prisoner in respect thereof, and entitled to the benefits of all the provisions made for creditors by any act now in force or hereafter to be in force relating to insolvent debtors; subject nevertheless to such ascertaining of the amount of the said demands as may be had by taxation or otherwise, and to such examination thereof as may be by any such act provided in respect to claims to a dividend upon the estate and effects of such insolvent. Discharge of XXII. That in all cases of process of contempt, whether for the perinsolvent where formance or nonperformance of any act or otherwise, where any insolprocess of convent shall have cleared his contempt except so far as regards the payment tempt is for per- of costs, or where it has become unnecessary for such insolvent to do the act for the nonperformance of which he shall have been committed or attached, the court from which such process shall have issued, or under the order of which the prisoner shall have been committed or attached, shall, upon the application of such prisoner, discharge him from the same, except as to the costs thereof, for which he shall remain in custody until discharged; and such costs shall be deemed to be within the provisions of the acts for the relief of insolvent debtors; and such prisoner may be discharged therefrom, and from the process of contempt, as if the commitment or attachment had originally been for nonpayment of money or costs. Party ag grieved by any decree of the XXIII. And whereas it is expedient that in certain cases an appeal should be allowed from the decrees of the court of conscience of the city of Dublin; be it therefore enacted, That where any decree or order of No. V. said court of conscience shall be obtained in any suit, for any demand, fee, wages, or sum of money claimed by reason of any office, station, 1 & 2 W. 4, place, or employment in the gift or nomination of the corporation of the city of Dublin or any guild thereof, or of any officer elected or appointed c. 31. the by the said corporation or any guild thereof, that in every such case the court of conparty aggrieved by such decree or order shall be entitled to appeal there- science in Dubfrom to the chief or any judge of any of his Majesty's supreme courts lin may appeal of law in Ireland sitting at nisi prius at the sittings of the city of Dub- to any judge of lin next after such decree or orders made; and the said appeal shall be supreme made and proceeded on, and the judge to whom such appeal shall be made shall proceed with respect thereto, in the same manner as appeals from the manor courts in the city of Dublin are now made and proceeded on: Provided always, that nothing in this act contained shall give of be construed to give to such court of conscience any jurisdiction whatsoever in any case which such court did not possess before the passing of this act. [No. VI.] 1 & 2 W. IV. c. XXXV.-An Act to explain and amend an Act for regulating the Receipt and future Appropriation of Fees and Emoluments receivable by Officers of the Superior Courts of Common Law. [15th October 1831.] WHEREAS by an act passed in the eleventh year of the reign of king George the fourth and first year of the reign of his present Majesty, intituled An Act for regulating the Receipt and future Appropriation of 1 W. 4, c. 58. Fees and Emoluments receivable by Officers of the Superior Courts of Common Law, persons holding certain offices and employments are required to render to the commissioners to be appointed by virtue of the said act an account of the lawful fees and emoluments which have become due in respect of such offices and employments during the periods therein specified; and such commissioners are thereby authorized to inquire into and examine as well the legality as the amount of the fees and emoluments contained in such accounts, and are directed to ascertain the gross and net annual value, according to an average of ten years, of the lawful fees and emoluments of such offices and employments as aforesaid: And whereas it is difficult in many cases to find any certain rule by which the legality of such fees and emoluments can be strictly ascertained; and it is expedient that the compensation directed by the said act should be made upon equitable principles: Be it therefore enacted and declared, &c., That all fees and emoluments received Certain fees to and enjoyed in respect of the said offices or employments which the said be deemed commissioners shall deem to be reasonable, and which shall have been legal fees. received for fifty years before the twenty-fourth day of May one thousand eight hundred and thirty-one, or which shall have been uniformly received in respect of any matter or business which shall have first arisen within the said period of fifty years, by authority of parliament or other legal authority, shall be deemed and taken to be legal fees and emoluments within the true intent and meaning of the said act. II. That if such commissioners shall entertain any doubt as to the If commispropriety or reasonableness of any such fees, or any matter connected sioners are in therewith, it shall be lawful for them to consult thereon the court or doubt as to the judge by whose officer the same may have been received, or any one or legality of any more of the judges of such court; and such court and judges shall and fees they may are hereby required to give their or his advice and opinion as early as consult the the same can be reasonably done; and that the advice so given, and the court or judge. question to which it is in answer, shall be in writing. III. That the persons holding the offices or situations named in the Persons named schedule to this act annexed shall be deemed and taken to be within in the schedule the true intent and meaning of the said act, and within the authority to be deemed within the meaning of this act. D D No. VI. 1 & 2 W. 4, c. 35. held offices for years, or during plea and jurisdiction of the said commissioners, who shall inquire into and report upon the value of the said offices or situations. IV. And whereas by another act, passed in the same year, intituled An Act for the better Administration of Justice in England and Wales, Certain perpersons holding freehold offices were alone empowered to receive comsons who have pensation from commissioners to be appointed by virtue of that act, albeit the holders of such offices for years or during pleasure are in justice entitled thereto; be it further enacted, That all persons who before the first day of January in the year of our Lord one thousand eight hundred and twenty-eight held offices or situations in any of the compensation. 1 W. 4, c. 70, courts of great session in the county of Chester or principality of Wales, by virtue of any appointment theretofore lawfully made, for term of years or during pleasure, shall be deemed and taken to be within the true intent and meaning of the said act as above mentioned, and within the jurisdiction and authority of the commissioners appointed by virtue of the same act. sure, to receive s. 25. SCHEDULE. Master or secondary of the courts of king's bench at Westminster; signer of the writs in the same court; chaplain of the king's bench prison; chief usher of the said court; under ushers and criers of the same court; keeper of Westminster hall; warden of the Fleet prison; officers of the revenne side of the courts of exchequer at Westminster; officers acting under commissioners of assize at nisi prius, oyer and terminer and general gaol delivery in England; who held such office on the twenty-fourth day of May in the year of our Lord one thousand eight hundred and thirty. [No. VII.] 2 W. IV. c. 5.-An Act to provide for carrying on the Business of the Court of Session in Scotland when interrupted by the Death or necessary Absence of any of the Judges thereof. [13th February 1832.] WHEREAS by the laws now in force for regulating the proceedings in the court of session in Scotland no sufficient provision is made for carrying on the business of the said court in the event of the death, sickness, or necessary absence of any of the lords ordinary in the outer house, or in the event of the judges in either division of the inner house being reduced to less than a quorum by such casualties; whereby great delays and inconveniences have been suffered, and it is expedient Judges of the that these should be remedied: Be it therefore enacted, &c., That from and after the passing of this act it shall be competent to the judges of the court of session, or a quorum thereof, in the case of the death, ered to make sickness, or other necessary absence of any of the lords ordinary of regulations for either division of the court, or of the junior lord ordinary acting as orcarrying on the business of the dinary on the bills, to make such regulations by act of sederunt as may be necessary for carrying on the business of the outer house, and that either by appointing one of the judges of either division of the inner house to officiate in the outer house or bill chamber during such absence of any of the above lords ordinary, or by appointing a lord ordinary of one division to act in such case pro tempore as an ordinary of the other division. court of session empow said court in certain cases. When the judges of the inner house II. That in case of death, sickness, declinature, or necessary absence of any of the judges of the inner house of either division, the number of judges in such division shall be reduced to less than a quorum, it shall be in the power of the division so reduced in number, and they low a quorum, they may call in one of the lords ordinary to assist. are reduced be are hereby authorized and required, to call in one of the lords ordinary No. VII. of the same or of the other division to sit and vote in the inner house 2 W. 4, c. 5. until the number of judges in such division be again increased to a quorum. [No. VIII.] 2 W. IV. c. 32.-An Act for the Erection of a Nisi Prius Court House in Dublin. [No. IX.] 2 W. IV. c. 48.—An Act to Clerk of the Crown in the Court of Ireland. [23rd May 1832.] regulate the Office of [No. X.] 2 W. IV. c. 54.-An Act for making Provision Anne, intituled An Act for settling and establishing a Court of Ex- 6 Anne, c. 53. chequer in the North Part of Great Britain called Scotland, it was enacted, that from and after the fifth day of May one thousand seven hundred and eight a court of exchequer in Scotland should be and by authority of that act was thereby erected, constituted, and established in and for Scotland, and that such court should be and was thereby enacted to be a court of record, revenue, and judicature for and within Scotland, as therein mentioned: And whereas by an act passed in the forty-eight year of his Majesty king George the third, intituled An Act for enabling 48 G. 3, c. 145. His Majesty to grant Annuities to the Judges of the Court of Session, Justiciary, and Exchequer of Scotland, upon the Resignation of their Offices, it was enacted, that it should be lawful for his Majesty to grant unto any person who should have entered the office of chief baron of the said court of exchequer in Scotland, or of a baron of the same court, and who should have resigned any such office, an annuity or yearly sum of money not exceeding three fourth parts of the salary appertaining to such office at the time of the resignation thereof, and that every such annuity or yearly sum should commence from and after the period when the person to whom any such annuity or yearly sum should be granted as aforesaid should have resigned his office, and to continue from thenceforth for his natural life, payable out of the duty and revenues in Scotland, as therein mentioned; provided always, that no such annuity or yearly sum should be so granted to the said chief baron or barons of the said court unless he or they should have continued in one or more of the said offices for the space of fifteen years, or be afflicted by some permanent infirmity disabling him from the due execution of his office, which should be distinctly recited in the said grant: And whereas by an act passed in the first year of the reign of his present Majesty, in- 1 W. 4, c. 69. tituled An Act for uniting the Benefits of Jury Trials in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments in Scotland, it was enacted, that as vacancies should occur in the office of the baron of the said court of Exchequer, the same should not be filled up until the number of such barons should be reduced so that the said court should consist of the lord chief baron and one baron only: And whereas, with a view to render the administration of justice in matters of revenue in Scotland less expensive, it is expedient that on the retirement or decease of the said lord chief baron of exchequer, or any of the |