Summary Procedure (Scotland).

where there is Power to imprison]; grant Warrant to Officers of Court to arrest all Debts and Sums of Money owing to the said J.K., and [if Time is allowed, add, in default of Payment within Days from this Date] to poind his Goods and Effects and to sell the same at the Expiration of not less than Forty-eight Hours after such Poinding, without further Notice or Warrant; [where the Act authorizes Imprisonment, add], and appoint a Return or Execution of such Poinding and Sale to be made within Days from the Expiration of the Period hereby allowed for Payment, under Certification of Imprisonment [if for a Term, specify the Term], in default of Payment or Recovery of the said Sums with the Expenses of Diligence before the Time allowed for such Report.

[Signature of Judges or Judge.] Warrant of Imprisonment to be granted upon Officer's Report. The Justice [or Sheriff or Magistrate], in respect it appears that the Sums mentioned in the foregoing Judgment, with the Expenses of Diligence, have not been paid or recovered under the said Judgment in whole or in part, grants Warrant to Officers of Court to apprehend the said J.K., and convey him to the Prison of and to the Keeper thereof to receive and detain him until liberated in due Course of Law [or, if the Imprisonment is for a Term, say, for the Period of Days from the Date of his Imprisonment, unless the said Sums, with for the Expenses of Diligence, shall be sooner paid.] [Signature of Judge.] *[If at the Hearing it shall appear that the issuing of a Warrant of Arrestment, Poinding, and Sale would be inexpedient, then, in place of the Warrant annexed to the Judgment in the preceding Form, say:

f

And in respect it is inexpedient to issue a Warrant of Poinding and Sale [or of Arrestment, Poinding, and Sale], ordain instant Execution by Imprisonment, and grant Warrant to Officers of Court to apprehend the said J.K., and convey him to the Prison of and to the Keeper thereof to receive and detain him for the Period of from the Date of his Imprisonment, unless the said Penalty and Expenses shall be sooner paid.]

[This Form only to be used where the Acts founded on authorize Imprisonment for a specified Period.]

7. Judgment and Warrant Ad factum præstandum, and, in default, Imprisonment.

The Justices [or Justice, or Sheriff, or Magistrate], in respect of the Judicial Confession of the said J.K. [or of the Evidence adduced], find the Complaint proven [or state to what Extent it is proven, or state any other Findings that may be considered necessary], and ordain the said J.K. to [here state the Matter required to be done] under Certification that if, upon a Copy of this Judgment being served upon the said J.K. by an Officer of Court, he shall neglect or refuse to obey the same within the

Summary Procedure (Scotland).

Period of

for the Period of

after such Service, he shall be imprisoned

Days Find the said J.K. liable in

:

£ of Expenses to the Complainer; and failing immediate Payment thereof [or if Time be allowed, within Days from this Date, say], grant Warrant for Recovery of the said Sum by Poinding of his Goods and Effects, and summary Sale thereof, &c., [as in No. 4. of this Schedule]. [Signature of Judges or Judge.]

Warrant of Imprisonment.

The Justice [or Sheriff or Magistrate], in respect it is now proved to his Satisfaction that a Copy of the foregoing Judgment was duly served upon the within-named J.K., upon the

Day of and that he has not as yet obeyed the Order therein contained, and that the Period appointed for Implement thereof is now expired, grants Warrant to apprehend the said J.K., and convey him to the Prison of

of

and to the Keeper thereof to receive and detain him for the Period from the Date of his Imprisonment. [Signature of Judge.] [Note.-A Warrant Ad factum præstandum in the above Form may, if required by the Act, be combined with a Conviction or Judgment for a Penalty. Where Judgment is given for the Expenses of obtaining a Warrant Ad factum præstandum recoverable by Poinding and Sale, and Imprisonment in default, the Proceedings shall be as nearly as possible in conformity with the Forms above prescribed for the Recovery of Penalties and Expenses. If the Expenses are declared to be recoverable by ordinary Diligence, or by Arrestment and Poinding, the Warrant and Procedure will be as in No. 6.]

8. Judgment of Absolvitor or Dismissal.

The Justices [or Justice, or Sheriff, or Magistrate] assoilzie the within-designed J.K. from the foregoing Complaint [or dismiss the Complaint]. [If an Award of Expenses be competent, add,] Find the within-designed A. B., Complainer, liable to the said J.K. in the Sum of £ of Expenses, and decern and ordain instant Execution therefor by Arrestment, and also Execution by Poinding and Sale and Imprisonment, if the same be competent, after a Charge of Fifteen free Days; grant Warrant, &c. [as in No. 6, omitting Warrant of Imprisonment when incompetent].

[Signature of Judges or Judge.]

9. Extract of Judgment convicting, absolving, or dismissing [as the Case may be].

At

in Presence of

In the Complaint at the Instance of A.B. against C.D., charging him with [name the Crime, Offence, or Contravention], as particularly set forth in said Complaint, the Justices [or Justice, or Sheriff, or Magistrate] in respect of [state the Terms of the Judgment, and of any

subsequent

Short Title.

Extent of Act.

Commencement of Act.

Interpretation of Terms.

6

6

Ecclesiastical Courts and Registries (Ireland).

subsequent Warrant upon which Execution is to proceed]. Extracted by me, Clerk of Court.

[Signature of Clerk.] Execution may proceed either upon the Judgment and Warrant itself, or upon an Extract in the above Form.

W

CA P. LIV.

An Act for the Union of the Diocesan Courts and Registries in Ireland; for the Regulation of the Mode of Procedure therein, and also in the Provincial Courts of Armagh and Dublin; and for Appeals therefrom. [25th July 1864.] HEREAS it is expedient to make Provision for the Union of the Consistorial or Diocesan Courts and Registries in Ireland; to alter and amend the Procedure and Practice of the • Provincial and Diocesan Courts and Registries, in order that the same may be rendered simple and expeditious; to reduce and regulate the Expenses and Costs now charged and payable in such Courts and Registries; to re-arrange, reduce, or abolish the Fees upon Letters of Orders, Consecration of Churches, Institutions to Benefices, and other Ecclesiastical Instruments and Acts; and to make Provision for the better Preservation of the Ecclesiastical Records and other Instruments deposited in the Provincial and Diocesan Registries:' 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, as follows:

PART I.
PRELIMINARY.

1. This Act may be cited as "The Ecclesiastical Courts and Registries Act (Ireland), 1864.”

2. This Act shall only extend to that Part of the United Kingdom called Ireland.

3. This Act shall come into operation on such Day, not sooner than the Second Day of November One thousand eight hundred and sixty-four, as the Lord Lieutenant of Ireland shall by Order in Council appoint, provided that such Order be made One Month at least previously to the Day so to be appointed.

4. For the Purposes of this Act the following Words and Expressions shall, if not inconsistent with the Context, be thus interpreted :

"Archbishop of Armagh" shall mean the Lord Archbishop of Armagh for the Time being:

Archbishop of Dublin" shall mean the Lord Archbishop of
Dublin for the Time being:

"Bishop" shall include an Archbishop within his own Diocese:
"Lord Chancellor" shall mean the Lord High Chancellor or
Lord Commissioners for the Custody of the Great Seal of
Ireland for the Time being:

"Lord

Ecclesiastical Courts and Registries (Ireland).

"Lord Lieutenant in Council" shall mean the Lord Lieutenant
or other Chief Governor or Governors of Ireland for the
Time being, by and with the Advice of Her Majesty's
Privy Council in Ireland:

"Jurisdiction" shall include "Power and Authority :"
"Rules and Orders" shall mean such Rules and Orders as shall
from Time to Time be prepared by the Archbishop of
Armagh and the Archbishop of Dublin, and directed by
the Lord Lieutenant in Council to take effect as Rules and
Orders under the Provisions of this Act:

"Said Archbishops" shall mean the Lord Archbishop of
Armagh for the Time being and the Lord Archbishop of
Dublin for the Time being :

"Superior Courts" shall mean Her Majesty's Superior Courts of Law and Equity in Dublin :

"The Church" shall denote the United Church of England and Ireland:

"The Commissioners" shall mean and include the Commis-
sioners of Inland Revenue :

"The Court" shall mean the Provincial Court or the United
Court as regulated under this Act, as the Case may be :
"United Court" shall mean the Consistorial or Diocesan
Court formed by the Union of the several Courts which
by the Enactments of this Act shall be united to each
other, and shall include the Diocesan Court of Meath:
"United Diocese" shall mean the several Dioceses under the
Episcopal Jurisdiction of One Archbishop or Bishop, and
shall include the Diocese of Meath:

"United Registry" shall mean the Consistorial or Diocesan
Registry formed by the Union of the several Registries
which by the Enactments of this Act shall be united to
each other, and shall include the Registry of the Diocese
of Meath:

"Vicar General" shall mean and include Official Principal, Commissary General, and Chancellor.

PART II.

RULES AND ORDERS.

5. It shall be lawful for the Archbishop of Armagh and the Archbishop of Dublin to prepare from Time to Time Rules and

Orders for
(1.) Altering and regulating the Times, Forms, and Mode of
Procedure and Practice before the Provincial and United
Courts; and.

(2.) Altering, establishing, and regulating the Fees to be pay-
able by Suitors of the Provincial and United Courts to
the Officers thereof in respect of the Business to be
conducted before such Courts:

(3.) Regulating the Government and Conduct of Registrars of the Provincial Registries, and the Registrars of the United Registries, Apparitors, Clerks, Agents, and other Officers or Persons, in and relating to the Distribution

and

Rules and Orders to be prepared by the Archbishops of Armagh and Dublin, with the Concur

rence of the

Lord Lieutenant in Council.

Ecclesiastical Courts and Registries (Ireland).

and Performance of the Duties and Business to be done and performed in the Execution of their Offices or of this Act, and of Rules and Orders made in pursuance thereof:

(4.) The Custody and Preservation of Records, Books, Instruments, or other Documents in the Provincial and United Registries:

(5.) Making such Alterations in the Form and Number of Ecclesiastical Instruments now issued under any Archiepiscopal or Episcopal or Consistorial Seal, or out of any Provincial or United Court, as they may deem expedient, and such Instruments so altered shall be as effectual in Law for this Purpose as the Forms for which they are substituted:

(6.) Abolishing, altering, or regulating Fees on Instruments prepared in the Provincial Registries or United Registries, or filed therein :

(7.) Altering and regulating on a uniform Scale the Fees on Marriage Licences, such Fees not to exceed in any Case the Sum of Forty Shillings, except in the Case of Special Licences:

(8.) Abolishing, altering, or regulating Visitation Fees, and other Fees, Charges, and Costs to be charged and paid either in the Provincial and United Courts or in the Provincial and United Registries in respect of the Business done or transacted therein respectively: (9.) Establishing and regulating the Fees, Expenses, and Costs which shall, under this Act, be charged and payable in the Provincial and United Registries for the Performance of the Duties belonging to the Offices of the Provincial Vicars General, Vicars General of the United Courts, Surrogates, Registrars of the Provincial Regis. tries, and Registrars of the United Registries, Apparitors, or other Officers:

(10.) Establishing and regulating the Salaries or Allowances or Fees to be allowed to all or any of the Vicars General of the Provincial and United Courts, Surrogates, Apparitors, Registrars of Provisional Registries, or Registrars of the United Registries:

(11.) Establishing and regulating the Fees and Allowances to Proctors, Attornies, and Solicitors in respect of the Business transacted by them either in the Provincial and United Courts or in the Provincial and United Registries: Or for,

(12.) Otherwise bringing into operation and carrying into effect the Provisions of this Act:

And such Rules and Orders so prepared shall be submitted to the Lord Lieutenant in Council; and it shall thereupon be lawful for the Lord Lieutenant in Council to direct that all or any Part of such Rules and Orders shall take effect as Rules and Orders of the Provincial and United Courts and of the Provincial and United Registries respectively; and all such Rules and Orders

may