certified by the justices as aforesaid, shall be forthwith made out and delivered by the clerk of the said petty session unto such prosecutor or other person, upon such clerk being paid for the same the sum of sixpence for every such person, and no more, and, except in cases hereinafter provided for, shall be made upon the treasurer of the county, riding or division in which the offence shall have been committed, or shall be supposed to have been committed, who is hereby authorized and required, upon sight of every such order, forthwith to pay to the person named therein, or to any other person duly authorized to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts provided always, that no such order shall be valid, nor shall such treasurer pay any money thereon, unless it shall have been framed and presented in such form and under such regulations as the justices of the peace in quarter sessions assembled shall from

time to time direct.

16.-Payment of costs and expenses with respect to boroughs, &c.

And whereas offences cognizable under this act may be committed in liberties, franchises, cities, towns and places which do not contribute to the payment of any county rate, some of which raise a rate in the nature of a county rate, and others have neither any such rate nor any fund applicable to similar purposes, and it is just that such liberties, franchises, cities, towns and places should be charged with all costs, expenses and compensations ordered by virtue of this act in respect of such offences as aforesaid committed or supposed to have been committed therein respectively; be it therefore enacted, that all sums directed to be paid by virtue of this act in respect of such offences as aforesaid committed or supposed to have been committed in such liberties, franchises, cities, towns and places shall be paid out of the rate in the nature of a county rate, or out of any fund applicable to similar purposes, where there is such a rate or fund, by the treasurer or other officer having the collection or disbursement of such rate or fund, and where there is no such rate or fund in such liberties, franchises, cities, towns or places, shall be paid out of the rate or fund for the relief of the poor of the parish or township, district or precinct therein, where the offence was committed or supposed to have been committed, by the overseers or other officers having the collection or disbursement of such lastmentioned rate or fund; and the order of court shall in every such case be directed to such treasurer, overseers or other officers respectively, instead of the treasurer of the county, riding or division, as the case may require.

17.-Proceedings against persons acting under this act.

And for the protection of persons acting in the execution of this act, be it enacted, that all actions and prosecutions to be commenced against any person for any thing done in pursuance of this act shall be laid and tried in the county where the fact was committed, and shall be commenced within three calendar months after the fact committed, and not otherwise; and notice in writing of such action or VOL. VII. NO. XIII.-DIG.

S

prosecution, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action or prosecution; and in any such action or prosecution the defendant may plead the general issue, and give this act and the special matter in evidence, at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action or prosecution after issue joined, or if upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in such action, the plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereupon.

18.-Extent of act.

And be it enacted, that nothing in this act contained shall extend to Scotland or Ireland.

19.-Act may be amended, &c

And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament.1

SCHEDULE of Forms to which this Act refers.

Form of certificate of dismissal.

to wit. of day of

county of

at

WE of her majesty's justices of the peace for the county of (or "I, a magistrate of the Police Court as the case may be), do hereby certify, that on the in the year of our Lord , in the said M. N. was brought before us the said justices [or me the said magistrate"] charged with the following offence, that is to say, [here state briefly the particulars of the charge], and that we the said justices [or "I the said magistrate"] thereupon dismissed the said charge. Given under our hands [or "my hand"] this day of

66

Form of conviction.

to wit.

at

Be it remembered, that on the

day of

, in the

year of our Lord one thousand eight hundred and in the county of , [or "riding," "division," "liberty,' "city," &c. as the case may be,] A. O. is convicted before us, J. P. and Q. R., two of her majesty's justices of the peace for the said county [or "riding," &c.], [or "me, S. T., a magistrate of the Police

This act is designed to relieve the superior courts of their growing work, and to prevent the imprisonment of children for long periods before trial.

Court of as the case may be], for that he the said A, O. did [specify the offence, and the time and place when and where the same was committed, as the case may be, but without setting forth the evidence], and we the said J. P. and Q. R. [or "I the said S. T."] adjudge the said A. O. for his said offence to be imprisoned in the [or "to be imprisoned in the and there kept to hard labour for the space of "], [or "we" or "I adjudge the said A. O. for his said offence to forfeit and pay "], [here state the penalty actually imposed], and in default of immediate payment of the said sum to be imprisoned in the [or "to be imprisoned in the and there kept to hard labour"] for the space of said sum shall be sooner paid. Given under our hands and seals [or "my hand and seal"] the day and year first above mentioned.

10 & 11 VICT. Cap. 102.

unless the

An Act to abolish the Court of Review in Bankruptcy, and to make Alterations in the Jurisdiction of the Courts of Bankruptcy and Court for Relief of Insolvent Debtors.1 [22d July, 1847.]

Preamble.

WHEREAS it is expedient to abolish the Court of Review in Bankruptcy, and to make alterations in the jurisdiction of the Courts of Bankruptcy and Court for the Relief of Insolvent Debtors:

Court of Review abolished.

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, that the Court of Review in Bankruptcy and the offices of the chief judge and other judges of the Court of Bankruptcy be hereby abolished.

2.-Jurisdiction of Court of Review transferred to one of the vice-chancellors. And be it enacted, that all the jurisdiction, powers, authorities, and privileges of the said Court of Review in Bankruptcy hereby abolished shall be transferred to and vested in and shall hereafter be exercised and enjoyed by such one of the vice-chancellors of the High Court of Chancery as the lord chancellor shall from time to time be pleased to appoint, and that all persons now holding office or acting in the said Court of Review shall continue to hold the same, and to perform the duties thereof under the jurisdiction hereby created, in the same manner and under the same tenure and subject to the same regulations as they now hold the same and act therein : provided always, that notwithstanding the passing of this act the present judges of the Court of Review shall be entitled to the same rank and precedence to which they are now entitled.

This is simply an act of transfer. It contains no new provisions which render it a fit subject of annotation.

3.-Laws and orders to apply to vice chancellor so sitting.

And be it enacted, that all laws, orders and authorities touching the practice and manner of proceeding in the said Court of Review, and appealing to and from the said court, shall continue in force, and be applicable to the jurisdiction of the said vice-chancellor so appointed; and that all sums and fees shall continue to be payable and receivable by the like persons, and shall continue to be paid and applied to the like purposes, as the same have heretofore been paid and received in respect of any matter in the said Court of Review.

4.-Jurisdiction of Courts of Bankruptcy under 5 & 6 Vict. c. 116, 7 & 8 Vict. c. 96, and 8 & 9 Vict. c. 127, transferred to Court for the Relief of Insolvent Debtors and to the County Courts.

And be it enacted, that from the time this act shall commence and take effect all power, jurisdiction and authority given to her majesty's Court of Bankruptcy and District Courts of Bankruptcy, and to the commissioners thereof, in matters of insolvency, by an act passed in the sixth year of the reign of her majesty, intituled "An Act for the Relief of Insolvent Debtors," and by an act passed in the eighth year of the reign of her majesty, intituled "An act to amend the Law of Insolvency, Bankruptcy and Execution," and by an act passed in the ninth year of the reign of her majesty, intituled "An Act for better securing the Payment of Small Debts," or by the rules and orders made in pursuance of any of the said acts, shall be transferred to and vested in the Court for the Relief of Insolvent Debtors in England, and to and in the commissioners thereof for the time being, and to and in the County Courts constituted or to be constituted under an act passed in the tenth year of the reign of her majesty, intituled "An Act for the more easy Recovery of Small Debts and Demands in England," in manner hereinafter mentioned.1

5.-In Insolvent Debtors Court the provisional assignee, and in County Courts the clerk, to act as official assignee.

And be it enacted, that in the Court for the Relief of Insolvent Debtors the provisional assignee, and in the said County Courts the clerk of the court, shall in every case of insolvency under such two first mentioned acts be and act as the official assignee of the estate and effects of the insolvent; and that in each of the said County Courts the clerk of such court shall act as the registrars of the Court of Bankruptcy have heretofore been accustomed to act under any of the said acts; and every such clerk shall do and perform all acts heretofore done and performed by such registrars or by the clerk of the Insolvent Debtors Court under any of the said acts; and every such clerk shall do and perform all such acts and duties necessary for carrying this act into effect as shall be ordered by any such County Court, or by any commissioner of the said Court for the Relief of Insolvent Debtors; and that the high bailiff of every such County Court and his assistants shall be and act as a messenger

The 9 & 10 Vict. c. 95. It is much to be wished that the judges of these courts were more competent to the work they have in hand, before this large increase of their functions takes place.

of the Court of Bankruptcy and his assistants have hitherto been accustomed to act under the said acts; and such high bailiff and his assistants shall do all acts heretofore done under the said acts, and shall possess and enjoy all the powers, authorities and privileges when acting under the said acts as have been heretofore done, possessed or enjoyed by any messenger of the Court of Bankruptcy or his assistants when acting under any of the said acts, and shall do and perform all such acts as shall be ordered by any such County Court for the purpose of carrying this act into effect.

6.-Jurisdiction of Insolvent Debtors Court and County Courts.

And be it enacted, that from the time this act shall commence and take effect, the Court for the Relief of Insolvent Debtors in England, and the commissioners thereof, and the judges of the County Courts aforesaid, shall have jurisdiction in all matters of insolvency and debt under the aforesaid acts in manner following, that is to say, the said Court for the Relief of Insolvent Debtors, and the commissioners thereof, in all cases in which the insolvent in cases of insolvency, or the defendant in the case of any summons issued under the aforesaid act for the better securing the payment of small debts, shall have resided for six calendar months next immediately preceding the time of filing his petition, or of the suing out of any such summons aforesaid within any parish, the distance whereof, as measured by the nearest highway from the general post office in London to the parish church of such parish, shall not exceed the distance of twenty miles, to which district the jurisdiction of the said court and the commissioners thereof under the aforesaid acts is hereby restricted; and the said County Courts aforesaid in all cases wherein the insolvent or defendant shall have resided elsewhere, and shall have resided for six calendar months next immediately preceding the time of filing his petition, or the suing out of any summons within the district of such County Court to which such insolvent shall prefer his petition, or to which any plaintiff may apply for any summons as aforesaid; and that every commissioner of the Court for the Relief of Insolvent Debtors, and every such County Court aforesaid, shall, from and after the time this act shall commence and take effect, have and exercise, in the prosecution of such petitions and summonses filed and issued in such courts respectively, the like power and authority in all respects under the aforesaid acts as the commissioners of her majesty's Court of Bankruptcy and District Courts of Bankruptcy have heretofore had and exercised on the presentation of petitions of insolvent debtors, and on such summonses as aforesaid, under such acts, except as hereinafter otherwise provided, and shall each, singly, be and form a court for every purpose under this or the aforesaid acts; and that every commissioner of the said Court for the Relief of Insolvent Debtors shall henceforth, singly, be and form a court for every purpose under all acts now in force or which may hereafter be in force relating to insolvent debtors.

7.- Recited acts to apply to persons petitioning who have been in prison. And be it declared and enacted, that the said two first mentioned acts