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Suitors Money unclaimed in Six Years to go to

General Fund.

Power of Committal for Contempt.

Penalty for assaulting Bailiffs, or rescuing Goods taken in Execution.

CXII. And be it enacted, That the Clerk or Clerks of every such Court shall in the Month of March in each Year make out a correct List of all Sums of Money belonging to Suitors in the Court which shall have been paid into Court, and which shall have remained unclaimed for Five Years before the First Day of the Month of January then last past, specifying the Names of the Parties for whom or on whose Account the same were so paid into Court; and a Copy of such List shall be put up and remain during Court Hours in some conspicuous Part of the Court House, and at all Times in the Clerk's Office, and all Sums of Money which shall have been paid into any such Court, to the Use of any Suitor or Suitors thereof, and which shall have remained unclaimed for the Period of Six Years before the passing of this Act, and which are now in the Hands of any Commissioner, Trustee, Judge, or Officer of such Court, or otherwise held in trust for such Suitors, and all further Sums of Money which shall hereafter be paid into any such Court, to the Use of any Suitor or Suitors thereof, shall, if unclaimed for the Period of Six Years after the same shall have been so paid into Court, be applicable as Part of the General Fund of the Court, and shall be carried to the Account of such Fund, and no Person shall be entitled to claim any Sum which shall have remained unclaimed for Six Years; but no Time during which the Person entitled to claim such Sum shall have been an Infant or Feme Covert, or of unsound Mind, or beyond the Seas, shall be taken into account in estimating the said Period of Six Years.

CXIII. And be it enacted, That if any Person shall wilfully insult the Judge or any Juror, or any Bailiff, Clerk, or Officer of the said Court, for the Time being, during his Sitting or Attendance in Court, or in going to or returning from the Court, or shall wilfully interrupt the Proceedings of the Court, or otherwise misbehave in Court, it shall be lawful for any Bailiff or Officer of the Court, with or without the Assistance of any other Person, by the Order of the Judge, to take such Offender into Custody, and detain him until the rising of the Court; and the Judge shall be empowered, if he shall think fit, by a Warrant under his Hand, and sealed with the Seal of the Court, to commit any such Offender to any Prison to which he has Power to commit Öffenders under this Act for any Time not exceeding Seven Days, or to impose upon any such Offender a Fine not exceeding Five Pounds for every such Offence, and in default of Payment thereof to commit the Offender to any such Prison as aforesaid for any Time not exceeding Seven Days, unless the said Fine be sooner paid.

CXIV. And be it enacted, That if any Officer or Bailiff of any Court holden under this Act shall be assaulted while in the Execution of his Duty, or if any Rescue shall be made or attempted to be made of any Goods levied under Process of the Court, the Person so offending shall be liable to a Fine not exceeding Five Pounds, to be recovered by Order of the Court, or before a Justice of the Peace as herein-after provided; and it shall be lawful for the Bailiff of the Court or any Peace Officer in any such Case to take the Offender into Custody (with or without Warrant), and bring him before such Court or Justice accordingly.

CXV. And

Execution.

CXV. And be it enacted, That in case any Bailiff of the said Bailiffs made Court who shall be employed to levy any Execution against Goods answerable for and Chattels shall, by Neglect, or Connivance or Omission, lose Escapes, and the Opportunity of levying any such Execution, then upon Com- Neglect to levy plaint of the Party aggrieved by reason of such Neglect, Connivance, or Omission, (and the Fact alleged being proved to the Satisfaction of the Court on the Oath of any credible Witness,) the Judge shall order such Bailiff to pay such Damages as it shall appear that the Plaintiff has sustained thereby, not exceeding in any Case the Sum of Money for which the said Execution issued, and the Bailiff shall be liable thereto; and upon Demand made thereof, and on his Refusal so to pay and satisfy the same, Payment thereof shall be enforced by such Ways and Means as are herein provided for enforcing a Judgment recovered in the said Court.

Bailiffs and

CXVI. And be it enacted, That if any Clerk, Bailiff, or Officer Remedies of the Court, acting under Colour or Pretence of the Process of against, and the said Court, shall be charged with Extortion or Misconduct, Penalties on, or with not duly paying or accounting for any Money levied by other Officers him under the Authority of this Act, it shall be lawful for the for Misconduct. Judge to inquire into such Matter in a summary Way, and for that Purpose to summon and enforce the Attendance of all necessary Parties in like Manner as the Attendance of Witnesses in any Case may be enforced, and to make such Order thereupon for the Repayment of any Money extorted, or for the due Payment of any Money so levied as aforesaid, and for the Payment of such Damages and Costs, as he shall think just; and also, if he shall think fit, to impose such Fine upon the Clerk, Bailiff, or Officer, not exceeding Ten Pounds for each Offence, as he shall deem adequate; and in default of Payment of any Money so ordered to be paid Payment of the same may be enforced by such Ways and Means as are herein provided for enforcing a Judgment recovered in the said Court.

CXVII. And be it enacted, That every Treasurer, Clerk, Bailiff, Penalty on Offor other Officer employed in putting this Act or any of the Powers cers taking thereof in execution, who shall wilfully and corruptly exact, take, wrong Fees. or accept any Fee or Reward whatsoever, other than and except such Fees as are or shall be appointed and allowed respectively as aforesaid, for or on account of any thing done or to be done by virtue of this Act, or on any Account whatsoever relative to putting this Act into execution, shall, upon Proof thereof before the said Court, and in the Case of a Clerk, Treasurer, or High Bailiff on Allowance of the Finding of the Court by the Lord Chancellor, be for ever incapable of serving or being employed under this Act in any Office of Profit or Emolument, and shall also be liable for Damages as herein provided.

Court.

CXVIII. And be it enacted, That if any Claim shall be made Claims as to to or in respect of any Goods or Chattels taken in Execution Goods taken in under the Process of any Court holden under this Act, or in Execution to be respect of the Proceeds or Value thereof, by any Landlord for adjudicated in Rent, or by any Person not being the Party against whom such Process has issued, it shall be lawful for the Clerk of the Court, upon Application of the Officer charged with the Execution of such Process, as well before as after any Action brought against

Oo 4

such

Actions of Replevin may be

brought without Writ.

Plaints where to be entered.

How Actions of Replevin may be removed.

Possession of small Tene

ments may be recovered by Plaint in County Court.

such Officer, to issue a Summons calling before the said Court as well the Party issuing such Process as the Party making such Claim, and thereupon any Action which shall have been brought in any of Her Majesty's Superior Courts of Record, or in any local or inferior Court, in respect of such Claim, shall be stayed, and the Court in which such Action shall have been brought, or any Judge thereof, on Proof of the Issue of such Summons, and that the Goods and Chattels were so taken in Execution, may order the Party bringing such Action to pay the Costs of all Proceedings had upon such Action after the Issue of such Summons out of the County Court; and the Judge of the County Court shall adjudicate upon such Claim, and make such Order between the Parties in respect thereof, and of the Costs of the Proceedings, as to him shall seem fit, and such Order shall be enforced in like Manner as any Order made in any Suit brought in such Court.

CXIX. And be it declared and enacted, That all Actions of Replevin in Cases of Distress for Rent in arrear or Damage faisant which shall be brought in the County Court shall be brought without Writ in a Court held under this Act.

CXX. And be it enacted, That in every such Action of Replevin the Plaint shall be entered in the Court holden under this Act for the District wherein the Distress was taken.

CXXI. And be it enacted, That in case either Party to any such Action of Replevin shall declare to the Court in which such Action shall be brought that the Title to any corporeal or incorporeal Hereditament, or to any Toll, Market, Fair, or Franchise, is in question, or that the Rent or Damage in respect of which the Distress shall have been taken is more than the Sum of Twenty Pounds, and shall become bound, with Two sufficient Sureties, to be approved by the Clerk of the Court, in such Sums as to the Judge shall seem reasonable, regard being had to the Nature of the Claim, and the alleged Value or Amount of the Property in dispute, or of the Rent or Damage, to prosecute the Suit with Effect and without Delay, and to prove before the Court by which such Suit shall be tried that such Title as aforesaid is in dispute between the Parties, or that there was Ground for believing that the said Rent or Damage was more than Twenty Pounds, then, and not otherwise, the Action may be removed before any Court competent to try the same in such Manner as hath been accustomed.

CXXII. And be it enacted, That when and so soon as the Term and Interest of the Tenant of any House, Land, or other corporeal Hereditament, where the Value of the Premises or the Rent payable in respect of such Tenancy did not exceed the Sum of Fifty Pounds by the Year, and upon which no Fine shall have been paid, shall have ended, or shall have been duly determined by a legal Notice to quit, and such Tenant, or if such Tenant do not actually occupy the Premises, or occupy only a Part thereof, any Person by whom the same or any Part thereof shall be then actually occupied, shall neglect or refuse to quit and deliver up Possession of the Premises, or of such Part thereof respectively, it shall be lawful for the Landlord or his Agent to enter a Plaint in the County Court to be holden under this Act, and thereupon a Summons

may, on Proof of Service of Summons, issue Warrant to en

force the same.

a Summons shall issue to the Person so neglecting or refusing; and if the Tenant or Occupier shall not thereupon appear at the If Tenant, &c. Time and Place appointed, and show cause to the contrary, and neglect to apshall still neglect or refuse to deliver up Possession of the Pre- pear, or refuse mises, or of such Part thereof of which he is then in possession, to give Possession, Judge to the said Landlord or his Agent, it shall be lawful for such Landlord or Agent to give to the Court Proof of the holding, and of the End or other Determination of the Tenancy, with the Time or Manner thereof, and, where the Title of the Landlord has accrued since the letting of the Premises, the Right by which he claims the Possession; and upon Proof of Service of the Summons, and of the Neglect or Refusal of the Tenant or Occupier, as the Case may be, it shall be lawful for the Judge to issue a Warrant under the Seal of the Court to any Bailiff of the Court, requiring and authorizing him within a Period to be therein named, not less than Seven or more than Ten clear Days from the Date of such Warrant, to give Possession of the Premises to such Landlord or Agent; and such Warrant shall be a sufficient Warrant to the said Bailiff to enter upon the Premises, with such Assistants as he shall deem necessary, and to give Possession accordingly: Provided always, that Entry upon any such Warrant shall not be made on a Sunday, Good Friday, or Christmas Day, or at any Time except between the Hours of Nine in the Morning and Four in the Afternoon: Provided also, that nothing herein contained shall be deemed to protect any Person by whom any such Warrant shall be sued out of the County Court from any Action which may be brought against him by any such Tenant or Occupier for or in respect of such Entry and taking possession where such Person had not, at the Time of suing out the same as aforesaid, lawful Right to the Possession of the same Premises.

be served.

CXXIII. And be it enacted, That such Summons as last The Manner in aforesaid may be served either personally or by leaving the same which such with some Person being in and apparently residing at the Place of Summons shall Abode of the Person or Persons so holding over as aforesaid; provided that if the Person or Persons so holding over, or any or either of them, cannot be found, and the Place of Abode of such Person or Persons shall either not be known, or Admission thereto cannot be obtained for serving such Summons, the posting of the said Summons on some conspicuous Part of the Premises so held over shall be deemed to be good Service upon such Person or Persons respectively.

ble to Actions on account of

CXXIV. And be it enacted. That it shall not be lawful to bring Judges, Clerks, any Action or Prosecution against the Judge or against the Clerk Bailiffs, or other of the Court by whom such Warrant as aforesaid shall have been Officers not liaissued, or against any Bailiff or other Person by whom such Warrant may be executed or Summons affixed, for issuing such Proceedings Warrant, or executing the same respectively, or affixing such taken. Summons, by reason that the Person by whom the same shall be sued out had not lawful Right to the Possession of the Premises. CXXV. And be it enacted, That where the Landlord at the Where LandTime of applying for such Warrant as aforesaid had lawful Right lord has a lawto the Possession of the Premises, or of the Part thereof so held ful Title, he over as aforesaid, neither the said Landlord nor his Agent, nor deemed a Tresany other Person acting in his Behalf, shall be deemed to be a passer by reason Trespasser of Irregularity.

shall not be

How Execution

of Warrant of

Possession may be stayed.

Proceedings on the Bond for

staying Warrant

of Possession,

&c.

Concurrent Ju

Trespasser by reason merely of any Irregularity or Informality in the Mode of proceeding for obtaining Possession under the Authority of this Act, but the Party aggrieved may, if he think fit, bring an Action on the Case for such Irregularity or Informality, in which the Damage alleged to be sustained thereby shall be specially laid, and may recover full Satisfaction for such special Damage, with Costs of Suit; provided that if the special Damage so laid be not proved, the Defendant shall be entitled to a Verdict, and that if proved, but assessed by the Jury at any Sum not exceeding Five Shillings, the Plaintiff shall recover no more Costs than Damages, unless the Judge before whom the Trial shall have been holden shall certify that in his Opinion full Costs ought to be allowed.

CXXVI. And be it enacted, That in every Case in which the Person by whom any such Warrant shall be sued out of the County Court had not at the Time of suing out the same lawful Right to the Possession of the Premises, the suing out of any such Warrant as last aforesaid shall be deemed a Trespass by him against the Tenant or Occupier of the Premises, although no Entry shall be made by virtue of the Warrant; and in case any such Tenant or Occupier will become bound, with Two sufficient Sureties, to be approved by the Clerk of the Court, in such Sum as to the Judge shall seem reasonable, regard being had to the Value of the Premises, and to the probable Cost of such Action, to sue the Person by whom such Warrant was sued out with Effect and without Delay, and to pay all the Costs of the Proceeding in such Action in case a Verdict shall pass for the Defendant, or the Plaintiff shall discontinue or not prosecute his Action or become nonsuit therein, Execution upon the Warrant shall be stayed until Judgment shall have been given in such Action of Trespass; and if upon the Trial of such Action of Trespass a Verdict shall pass for the Plaintiff, such Verdict and Judgment thereupon shall supersede the said Warrant.

CXXVII. And be it enacted, That every Bond given on the Removal of any Action out of the County Court, or upon staying the Execution of any such Warrant of Possession as aforesaid, or on moving for a new Trial, or to set aside a Verdict, Judgment, or Nonsuit, shall be made to the other Party to the Action at the Costs of such other Party, and shall be approved by the Judge, and attested under the Seal of the Court; and if the Bond so taken be forfeited, or if, upon the Proceeding for securing which such Bond was given, the Judge before whom such Proceeding shall be had shall not certify upon the Record in Court that the Condition of the Bond hath been fulfilled, the Party to whom the Bond shall have been so made may bring an Action of Debt, and recover thereon: Provided always, that the Court in which such Action as last aforesaid shall be brought may by a Rule of Court give such Relief to the Parties liable upon such Bond as may be agreeable to Justice and Reason, and such Rule shall have the Nature and Effect of a Defeasance to such Bond.

CXXVIII. And be it enacted, That all Actions and Proceedrisdiction with ings which before the passing of this Act might have been Superior Courts. brought in any of Her Majesty's Superior Courts of Record

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where

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