against every Person who shall appear to them to be only a Trustee, and not otherwise concerned in Interest in the Matter in question, in such and the same Manner as if such Trustee had been duly served with the Process of the Court, and had appeared and filed his Answer thereto, and had also appeared by his Counsel and Solicitor at the Hearing of such Cause: Provided always, that no such Decree shall bind, affect, or in anywise prejudice any Person against whom the same shall be made, without Service of Process upon him as aforesaid, his Heirs, Executors, or Administrators, for or in respect of any Estate, Right, or Interest which such Person shall have at the Time of making such Decree for his own Use or Benefit, or otherwise than as a Trustee as aforesaid. L. And be it enacted, That when any Person shall, under the Powers of the Provisions of this Act, apply to One of the Masters of the Court Master. of Chancery in the first instance, and adduce Evidence, for the Purpose of obtaining the Certificate of such Master as a Foundation for an Order of the said Lord Chancellor, intrusted as aforesaid, or the said Court of Chancery, it shall be lawful for the said Master to order Service of such Application upon any Person, or to dismiss such Application, and to direct that the Costs of any Persons consequent thereon shall be paid by the Person making the same; and all Orders of the Master under this Act shall be enforced by the same Process as Orders of the Court made in any Suit against a Party thereto. Estate. LI. And be it enacted, That the Lord Chancellor, intrusted as Costs may be aforesaid, and the Court of Chancery, may order the Costs and aid out of the Expenses of and relating to the Petitions, Orders, Directions, Conveyances, Assignments, and Transfers to be made in pursuance of this Act, or any of them, to be paid and raised out of or from the Lands or Personal Estate, or the Rents or Produce thereof, in respect of which the same respectively shall be made, or in such Manner as the said Lord Chancellor or Court shall think proper. Mind. LII. And be it enacted, That upon any Petition being presented Commission under this Act to the Lord Chancellor, intrusted as aforesaid, concerning Perconcerning a Person of unsound Mind, it shall be lawful for the son of unsound said Lord Chancellor, should he so think fit, to direct that a Commission in the Nature of a Writ De lunatico inquirendo shall issue concerning such Person, and to postpone making any Order upon such Petition until a Return shall have been made to such Commission. LIII. And be it enacted, That upon any Petition under this Suit may be Act being presented to the Lord Chancellor, intrusted as aforesaid, directed. or to the Court of Chancery, it shall be lawful for the said Lord Chancellor or the said Court of Chancery to postpone making any. Order upon such Petition until the Right of the Petitioner or Petitioners shall have been declared in a Suit duly instituted for that Purpose. Powers of Court of Chan cery to extend to the Colonies; LIV. And be it enacted, That the Powers and Authorities given by this Act to the Court of Chancery in England shall extend to all Lands and Personal Estate within the Dominions, Plantations, and Colonies belonging to Her Majesty (except Scotland). LV. And be it enacted, That the Powers and Authorities given and to Ireland. by this Act to the Court of Chancery in England shall and may Powers of Lord Chancellor to extend to the Colonies; and to be exercised by the Lord Chancellor of Ireland with respect to Lands &c. in Ireland. Short Title. Commencement of Act. be exercised in like Manner and are hereby given and extended to the Court of Chancery in Ireland with respect to all Lands and Personal Estate in Ireland. LVI. And be it enacted, That the Powers and Authorities given by this Act to the Lord Chancellor of Great Britain, intrusted as aforesaid, shall extend to all Lands and Personal Estate within any of the Dominions, Plantations, and Colonies belonging to Her Majesty (except Scotland and Ireland). LVII. And be it enacted, That the Powers and Authorities given by this Act to the Lord Chancellor of Great Britain, intrusted as aforesaid, shall and may be exercised in like Manner by and are hereby given to the Lord Chancellor of Ireland, intrusted as aforesaid, with respect to all Lands and Personal Estate in Ireland. LVIII. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal Instruments and in legal Proceedings, it shall be sufficient to use the Expression "The Trustee Act, 1850." LIX. And be it enacted, That this Act shall come into operation on the First Day of November One thousand eight hundred and fifty. Act may be LX. And be it enacted, That this Act may be amended or amended, &c. repealed by any Act to be passed in this Session of Parliament. 9 & 10 Vict. c. 95. 12 & 13 Vict. c. 101. Extension of CA P. LXI. An Act to extend the Act for the more easy Recovery of same. Reign of Her present Majesty, intituled An Act for the more easy Recovery of Small Debts and Demands in England, 'Jurisdiction is given to the Courts holden under the said Act for the Recovery of certain Debts, Damages, and Demands therein ' mentioned not exceeding Twenty Pounds: And whereas it is expedient to extend the Provisions of the said Act, and also of a ' certain other Act passed in the Thirteenth Year of the Reign of Her said Majesty, intituled An Act to amend the Act for the more easy Recovery of Small Debts and Demands in England, and to abolish certain Inferior Courts of Record, to Debts, 'Damages, and Demands not exceeding the Sum of Fifty Pounds, and to alter and amend the said first-mentioned Act in manner herein-after mentioned:' 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 Commens, in this present Parliament assembled, and by the Authority of the same, That the Jurisdiction of the several Courts holden or to be holden under the said Act of the Tenth Year of Her Majesty shall extend to the Recovery of any Debt, Damage, or Demand not exceeding the Sum of Fifty Pounds, and to all Actions in respect thereof (save and except the several Actions specified in the Proviso in Section Fifty-eight of the same Act); and that the several Powers and Provisions of the said several Acts of the Tenth and Thirteenth Years of Her Majesty, and all Rules, Orders, and Regula tions which have been or may be made in pursuance of the said Acts or either of them, shall extend to all Debts, Damages, and Demands which may be sued for in the said Courts or any of them not exceeding the Sum of Fifty Pounds, and to all Proceedings and Judgments for the Recovery of the same, or otherwise in relation thereto respectively, as fully and effectually, to all Intents and Purposes, as the same respectively are now or may be applicable to Debts, Damages, and Demands within the present Jurisdiction of the said Courts. recited Acts. II. And be it enacted, That this Act and the said recited Acts This Act to be of the Tenth and Thirteenth Years of Her Majesty shall be read construed with and construed as One Act, as if the several Provisions in the said recited Acts contained, not inconsistent with the Provisions of this Act, were repeated and re-enacted in this Act. in his District. trict. Clerks. III. And be it enacted, That no Deputy Judge of any such Deputy Judge County Court, save and except the Westminster County Court of not to practise Middlesex, shall, during the Time he acts or shall be entitled to act as such Deputy, practise as a Barrister in any Court within the District for which he acts or shall be entitled to act as such Deputy; and that every Clerk and Assistant Clerk appointed after Clerks, &c. to the passing of this Act to any of such Courts shall reside within reside in Disthe District of the Court or Courts for which he shall have been appointed. IV. And be it enacted, That so much of the said Act of the Power to reTenth Year of Her Majesty as relates to the Removal of Clerks move Clerks, or High Bailiffs of the Courts holden under the said Act shall be High Bailiffs, or Assistant repealed; and it shall be lawful for the Lord Chancellor, or, where the whole of the District of the Court or Courts for which the Clerk or High Bailiff shall have been appointed is within the Duchy of Lancaster, for the Chancellor of the Duchy of Lancaster, when such Lord Chancellor or Chancellor of the Duchy shall in his Discretion think fit, to remove the Clerk, High Bailiff, or any Assistant Clerk of any such Court or Courts from his Office, and from Time to Time to make such Order as to the Attendance of any Clerk, Deputy Clerk, or Assistant Clerk, during the Sitting of the Court or otherwise, as he shall think fit: Provided always, that nothing herein contained shall affect the Tenure of Office of any Person who before the passing of the said Act held an Office in any of the Courts mentioned in the Schedule (A.) annexed to the said Act. V. And be it enacted, That there shall be payable on every Fees to be Proceeding in the Courts holden under the said Act of the Tenth taken accordYear of Her Majesty, to the Judges, Clerks, and High Bailiffs ing to Schedule. of the several Courts, in every Case where the Sum sought to be recovered shall exceed Twenty Pounds, such Fees as are set down in the Schedule marked D. to the said Act of the Tenth Year of Her Majesty annexed as Fees payable upon Demands exceeding the Sum of Ten Pounds; and the Fees on every Proceeding shall be paid in the first instance by the Plaintiff or Party on whose Behalf such Proceeding is to be had on or before such Proceeding, and in default Payment thereof shall be enforced by Order of the Judge by such Ways and Means as any Debt or Damage ordered to be paid by the Court can be recovered; and the Fees upon Executions shall be paid into Court at the Time of the Issue Power to Secretary of State, with Consent of the Treasury, to alter Fees. Fees to be taken by Barristers and Attornies. Power of paying Judges, &c. by Salary instead of Fees given to the Lords of the Treasury and the Secretary of State. Confession of Debts or Parts of Debts, &c., and Judgment thereupon. of the Warrant of Execution, and shall be paid by the Clerk of the Court to the Bailiff upon the Return of the Warrant of Execution, and not before: Provided always, that it shall be lawful for One of Her Majesty's Principal Secretaries of State, with the Consent of the Commissioners of Her Majesty's Treasury, from Time to Time to regulate or vary, lessen or increase, the Fees payable under this Act or the said recited Acts, or either of them, in such Manner as to him shall seem fit: Provided also, that all Sums payable in the Name of Fees to such Officers of the Court as shall be paid by Salaries shall be paid from Time to Time to the Treasurer of the Court, and shall be applied by such Treasurer in the Manner provided by the said Act of the Tenth Year of Her Majesty. VI. And be it enacted, That the Fees to be taken by Barristers at Law and Attornies practising in the said Courts, in Cases brought within the Jurisdiction given by this Act, shall be as follows; an Attorney shall be entitled to have or recover a Sum not exceeding One Pound Ten Shillings for his Fees and Costs, where the Debt, Damage, or Demand claimed in any Plaint in Covenant, Debt, Detinue, or Assumpsit shall not exceed Thirtyfive Pounds, or Two Pounds in any other Case, within the Jurisdiction given by this Act; and in no Case shall any Fee exceeding Two Pounds Four Shillings and Sixpence be allowed for employ. ing a Barrister as Counsel in the Cause; and the Expense of employing a Barrister or an Attorney, either by Plaintiff or Defend ant, shall not be allowed on Taxation of Costs, unless by Order of the Judge; and the Judges of the said Courts respectively shall from Time to Time determine in what Cases such Expenses shall be so allowed. VII. And be it enacted, That so much of the said Act of the Tenth Year of Her Majesty as enacts that it shall be lawful for Her Majesty, with the Advice of Her Privy Council, to order that the Judges, Clerks, Bailiffs, and Officers of the Courts holden under that Act, or any of them, shall be paid by Salaries instead of Fees, or in any Manner other than is provided by that Act, shall be repealed; and that it shall be lawful for the Commissioners of Her Majesty's Treasury, with the Consent of One of Her Majesty's Principal Secretaries of State, from Time to Time to order that the Judges, Clerks, Bailiffs, and Officers of the said Courts, or any of them, shall be paid by Salaries instead of Fees, or in any Manner other than is provided by the said Act. VIII. And be it enacted, That any Person against whom a Plaint shall be entered in any County Court may, if he think fit, whether he be summoned upon such Plaint or not, in the Presence of the Clerk or Assistant Clerk of the Court in which such Plaint shall have been entered, or One of their Clerks respectively, or in the Presence of an Attorney of One of the Superior Courts, sign a Statement confessing and admitting the Amount of the Debt or Demand or Part of the Amount of the Debt or Demand for which such Plaint shall have been entered, and such Clerk or Assistant Clerk shall, as soon as conveniently may be after receiving such Statement, send Notice thereof to the Plaintiff, by the Post or by causing the same to be delivered at his usual Place of Abode or Business, and thereupon it shall not be neces• sary sary for the said Plaintiff to prove the Debt or Demand so confessed and admitted as aforesaid, but the Judge of such Court, at the next Sitting of such Court, whether the Parties or either of them attend such Court or not, shall, upon Proof by Affidavit of the Signature of the Party, if such Statement were not made in the Presence of the Clerk or Assistant Clerk, proceed to give Judgment for the Debt or Demand so confessed and admitted, in the same Manner, and subject to the same Conditions, as if he had tried the Cause and given Judgment thereupon, under the Provisions of the said first-recited Act. IX. And be it enacted, That if the Person against whom a Plaint Agreement as shall be entered in any County Court can agree with the Person to the Amount on whose Behalf such Plaint shall have been entered upon the and Conditions of Debt, &c., Amount of the Debt or Demand in respect of which such Plaint of Payment. shall have been entered, and upon the Terms and Conditions upon which the same shall be paid or satisfied, it shall be lawful for such Persons respectively, in the Presence of the Clerk or Assistant Clerk of the Court in which such Plaint shall have been entered, or One of their Clerks respectively, or in the Presence of an Attorney of One of the Superior Courts, to sign a Statement of the Amount of the Debt or Demand so agreed upon between such Persons respectively, and of the Terms and Conditions upon which the same shall be paid or satisfied, such Clerk or Assistant Clerk shall receive such Statement, and shall thereupon, upon Proof by Affidavit of the Signature of the Party, if such Statement were not made in the Presence of the Clerk or Assistant Clerk, enter up Judgment for the Plaintiff for the Amount of the Debt or Demand so agreed on, and upon the Terms and Conditions mentioned in such Statement; and such Judgment shall to all Intents and Purposes be the same, and have the same Effect, and shall be enforced and enforceable in the same Manner, as if it had been a Judgment of the Judge of the said Court. the Day X. And be it enacted, That in every Case where the Plaintiff If Plaintiff or shall not appear, either by himself or his Attorney, upon his Attorney do not appear on of the Return of any Summons for Hearing, or at any ContinuaDay of Heartion or Adjournment of the said Hearing, and the Defendant ing, Costs may shall appear either by himself or his Attorney upon such Day of be awarded to Hearing, Continuation, or Adjournment, it shall be lawful for the Defendant for Judge to award to the Defendant or to his Attorney, by way of his Trouble Costs for his Attendance and Satisfaction for his Trouble, such Sum as the Judge in his Discretion shall think fit; and the Sum so awarded shall be recoverable from the Plaintiff by such Ways and Means as any Debt or Damage ordered to be paid by the same Court can be recovered. and Attendance. sums not exSuperior Courts ceeding 201. in Actions of Contract, or 51. in Actions of XI. And be it enacted, That if in any Action commenced after Plaintiffs rethe passing of this Act in any of Her Majesty's Superior Courts covering in the of Record, in Covenant, Debt, Detinue, or Assumpsit, not being an Action for Breach of Promise of Marriage, the Plaintiff shall recover a Sum not exceeding Twenty Pounds, or if, in any Action commenced after the passing of this Act in any of Her Majesty's Superior Courts of Record, in Trespass, Trover, or Case, not Tort, over being an Action for malicious Prosecution, or for Libel, or for which the Slander, or for Criminal Conversation, or for Seduction, the County Court Plaintiff shall recover a Sum not exceeding Five Pounds, the has JurisdicBb 4 Plaintiff |