where the Plaintiff dwells more than Twenty Miles from the Defendant, or where the Cause of Action did not arise wholly or in some material Point within the Jurisdiction of the Court within which the Defendant dwells or carries on his Business at the Time of the Action brought, or where any Officer of the County Court shall be a Party, except in respect of any Claim to any Goods and Chattels taken in Execution of the Process of the Court, or the Proceeds or Value thereof, may be brought and determined in any such Superior Court, at the Election of the Party suing or proceeding, as if this Act had not been passed.

CXXIX. And be it enacted, That if any Action shall be com- As to Actions menced after the passing of this Act in any of Her Majesty's brought for Superior Courts of Record, for any Cause other than those lastly small Debts in Superior Courts. herein-before specified, for which a Plaint might have been entered in any Court holden under this Act, and a Verdict shall be found for the Plaintiff for a Sum less than Twenty Pounds, if the said Action is founded on Contract, or less than Five Pounds if it be founded on Tort, the said Plaintiff shall have Judgment to recover such Sum only, and no Costs; and if a Verdict shall not be found for the Plaintiff the Defendant shall be entitled to his Costs as between Attorney and Client, unless in either Case the Judge who shall try the Cause shall certify on the Back of the Record that the Action was fit to be brought in such Superior Court.

covered before

CXXX. And be it enacted, That all Penalties, Fines, and Penalties and Forfeitures by this Act inflicted or authorized to be imposed (the Costs to be reManner of recovering and applying whereof is not hereby othera Justice, and wise particularly directed) shall, upon Proof before any Justice levied by Disof the Peace having Jurisdiction within the County or Place tress. where the Offender shall reside or be, or the Offence shall be committed, either by the Confession of the Party offending, or by the Oath of any credible Witness, be levied, with the Costs attending the Summons and Conviction, by Distress and Sale of the Goods and Chattels of the Party offending, by Warrant under the Hand of any such Justice; and the Overplus (if any), after such Penalties, Fines, and Forfeitures, and the Charges of such Distress and Sale, are deducted, shall be returned, upon Demand, unto the Owner of such Goods and Chattels.

In default of Security, Offender may be detained till

Return of War

CXXXI. And be it enacted, That if any such Penalties, Fines, and Forfeitures respectively shall not be paid forthwith upon Conviction, it shall be lawful for such Justice to order the Offender so convicted to be detained in safe Custody until Return can be conveniently made to such Warrant of Distress, unless such rant of Distress. Offender shall give sufficient Security to the Satisfaction of such Justice for his Appearance before him on such Day as shall be appointed for the Return of such Warrant of Distress, such Day not being more than Eight Days from the Time of taking any such Security, which Security such Justice shall be empowered to take by way of Recognizance or otherwise, as to him shall seem fit. CXXXII. And be it enacted, That if upon Return of such In default of Warrant it shall appear that no sufficient Distress can be had there. Distress, Of upon, or in case it shall appear to the Satisfaction of such Justice, fender may be either by Confession of the Offender or otherwise, that he hath not within the Jurisdiction of such Justice sufficient Goods and Chattels

committed.

Penalties not otherwise ap. plied, to be paid into the Gene

ral Fund.

Justices may proceed by Summons in the Recovery of Penalties.

Form of Conviction.

Chattels whereon to levy all such Penalties, Forfeitures, Costs, and Charges, such Justice may, at his Discretion, without issuing any Warrant of Distress, commit the Offender to the Common Gaol or House of Correction for any Time not exceeding Three Calendar Months, unless such Penalties, Forfeitures, and Fines, and all reasonable Charges attending the Recovery thereof, shall be sooner paid and satisfied.

CXXXIII. And be it enacted, That the Monies arising from any such Penalties, Forfeitures, and Fines as aforesaid, when paid and levied, shall (if not by this Act directed to be otherwise applied) be from Time to Time paid to the Clerk of the Court, and shall be applied in aid of the General Fund thereof.

CXXXIV. And be it enacted, That in all Cases in which by this Act any Penalty or Forfeiture is made recoverable before a Justice of the Peace, it shall be lawful for such Justice to summon before him the Party complained against, and on such Summons to hear and determine the Matter of such Complaint, and on Proof of the Offence to convict the Offender, and to adjudge him to pay the Penalty or Forfeiture incurred, and to proceed to recover the same, although no Information in Writing shall have been exhibited before him; and all such Proceedings by Summons without Information in Writing shall be as valid and effectual to all Intents and Purposes as if an Information in Writing had been exhibited.

CXXXV. And be it enacted, That in all Cases where any Conviction shall be had for any Offence committed against this Act the Form of Conviction may be in the Words or to the Effect following; (that is to say,)

BE it remembered, That on this

in the Year of our Lord

• before

' for the

Day of

A.B. is convicted of Her Majesty's Justices of the Peace [or before a Judge appointed under an Act Year of the Reign of Her Majesty Queen Victoria, intituled, here insert the Title of this Act,] of having "[state the Offence]; and I [or we] the said

'passed in the

do adjudge the said

for the same the Sum of

to

Given under 'aforesaid.'

to forfeit and pay

or to be committed

Proceedings not invalid, &c.

Distress not un

of Form.

CXXXVI. And be it enacted, That no Order, Verdict, or Judgment, or other Proceeding, made concerning any of the Matters aforesaid, shall be quashed or vacated for Want of Form.

CXXXVII. And be it enacted, That where any Distress shall lawful for Want be made for any Sum of Money to be levied by virtue of this Act, the Distress itself shall not be deemed unlawful, nor the Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Information, Summons, Conviction, Warrant of Distress, or other Proceeding relating thereto, nor shall the Party distraining be deemed a Trespasser from the Beginning on account of any Irregularity which shall afterwards be committed by the Party so distraining, but the Person

aggrieved

aggrieved by such Irregularity may recover full Satisfaction for the special Damage in an Action upon the Case.

execution of this

CXXXVIII. And for the Protection of Persons acting in the Limitation of Execution of this Act, be it enacted, That all Actions and Pro- Actions for secutions to be commenced against any Person for any thing done Proceedings in in pursuance of this Act shall be laid and tried in the County exec where the Fact was committed, and shall be commenced within Three Calendar Months after the Fact committed, and not afterwards, or otherwise; and Notice in Writing of such Action, and of the Cause thereof, shall be given to the Defendant One Calendar Month at least before the Commencement of the Action; and no Plaintiff shall recover in any such Action if Tender of sufficient Amends shall have been made before such Action brought, or if after Action brought a sufficient Sum of Money shall have been paid into Court, with Costs, by or on behalf of the Defendant.

of Officers of

the Court.

CXXXIX. And be it enacted, That if any Person shall bring Provision for any Suit in any of Her Majesty's Superior Courts of Record in the Protection respect of any Grievance committed by any Clerk, Bailiff, or Officer of any Court holden under this Act, under Colour or Pretence of the Process of the said Court, and the Jury upon the Trial of the Action shall not find greater Damages for the Plaintiff than the Sum of Twenty Pounds, no Costs shall be awarded to the Plaintiff in such Action unless the Judge shall certify in Court upon the Back of the Record that the Action was fit to be brought in such Superior Court.

CXL. Provided always, and be it enacted, That nothing in this Act contained shall be construed to alter or affect the Rights or Privileges of the Chancellor, Masters, and Scholars of the Universities of Oxford or Cambridge respectively as by Law possessed, or the Jurisdiction of the Courts of the Chancellors or Vice Chancellors of the said Universities, as holden under the respective Charters of the said Universities, or otherwise.

Act not to affect Rights of Universities of

Oxford or
Cambridge;

ries.

CXLI. Provided always, and be it declared and enacted, That nor the Courts nothing in this Act contained shall be construed to affect the of the Wardens Courts of the Lord Warden or of the Vice Warden of the Stan- of the Stannanaries of Cornwall; but this Provision shall not be deemed to prevent the Establishment of any Court under this Act within the said Stannaries, or to limit or affect the Jurisdiction of any Court so established under this Act.

CXLII. And be it enacted, That in construing this Act all Interpretation things directed or authorized to be done by or with respect to of Act. the Lord Chancellor shall and may be done by or with respect to a Lord Keeper or the First Commissioner for the Custody of the Great Seal of the United Kingdom of Great Britain and Ireland; and all things directed or authorized to be done by or with respect to the Commissioners of Her Majesty's Treasury shall and may be done by and with respect to Three or more of the said Commissioners or the Lord High Treasurer; and the Word "Person" shall be understood to mean a Body Politic, Corporate, or Collegiate, as well as Individual; and every Word importing the Singular Number shall, where necessary to give full Effect to the Enactments herein contained, be understood to mean several Per

sons

Act may be amended, &c.

66

sons or Things as well as one Person or Thing; and every Word importing the Masculine Gender shall, where necessary, be understood to mean a Female as well as a Male; and the Words County Court" shall be understood to mean any Court holden under this Act; and the Term "Landlord" shall be understood to mean the Person entitled to the immediate Reversion of the Lands, or, if the Property be holden in Joint Tenancy, Coparcenary, or Tenancy in Common, shall be understood to mean any one of the Persons entitled to such Reversion; and the Word "Clerk" shall be understood to mean "Chief Clerk" or "Registrar ;" and the Words "Attorney at Law" shall be understood to include a Solicitor in any Court of Equity; and the Word "Agent" shall be understood to mean any Person usually employed by the Landlord in the letting of Lands, or in the Collection of the Rents thereof, or specially authorized to act in any particular Matter by Writing under the Hand of such Landlord; and the Word "Bailiff" shall be understood to include High Bailiff; unless in any of these Cases there be something in the Context inconsistent with such Meaning.

CXLIII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

SCHEDULES to which this Act refers.

SCHEDULE (A.)

ACTs for the more easy and speedy RECOVERY of SMALL Debts within the Towns, Parishes, and Places under written, and other Parishes and Places adjacent; that is to say,

BOLINGBROKE and HORN

CASTLE

BOSTON

BRADFORD

BRISTOL

BRISTOL

BRIXTON

BROSELEY

CANTERBURY

CHIPPENHAM

N-347 Geo. 3. Sess. 2. c.lxxviii.

47 Geo. 3. Sess. 2. c. i.
47 Geo. 3. Sess. 2. c. xxxix.
56 Geo. 3. c. lxxvi.

7 Will. 4. & 1 Vict. c. lxxxiv.

46 Geo. 3. c. lxxxviii.

22 Geo. 3. c. xxxvii.

25 Geo. 2. c. xlv.

5 Geo. 3. c. ix.

32 Geo. 3. c. lxxvii.
48 Geo. 3. c. l.

26 Geo. 3. c. xviii.

6 Geo. 3. c. xx.

CIRENCESTER

CODSHEATH

DEAL

DERBY

DONCASTER

4 Geo. 3. c. xl.

ACTs for the more easy and speedy RECOVERY of SMALL Debts within the Towns, Parishes, and Places under written, and other Parishes and Places adjacent thereto; (that is to say,)