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S. 5.

tices to be in the

and levied and paid, in such manner, and with like power
of commitment, as herein-before directed as to the order,
&c. on such original complaint: provided that nothing
herein shall empower such justice to make any order, &c.
against the landlord for whose benefit any such distress Landlord not
shall have been made, unless such landlord shall have per- less he person-

prejudiced un-
sonally levied such distress; and provided that no person ally acts.
who shall be aggrieved by any distress for rent, or by any
proceeding had in the course thereof, or by any costs
and charges levied upon him in respect of the same, shall
be barred from any legal or other suit or remedy which he Saving for other
might have had before the passing of this act, except so ty aggrieved,
far as any complaint to be preferred by virtue of this act unless com-

plaint preferred
shall have been determined by order of the justice before under this act,
whom it shall have been heard; and which order, &c.
may be given in evidence, under the plea of the general
issue, in all cases where the matter of such complaint shall
be made the subject of any action. By s. 5. such orders
on such complaints shall be made in the forin in the sche- Orders of jus-
dule hereunto annexed, and may be proved before any forms prescribed
court by proof of the signature of the justice to such or- by schedule

hereto.
der, &c.; and such orders as regard persons who may
have been summoned as witnesses, shall be made in such
form as to such justice shall seem fit. By s. 6. every
broker or other person who shall make and levy any dis- Brokers, &c. le-
tress, shall give a copy of his charges, and of all the ving distress to

give copies of
costs and charges of any distress whatsoever, signed by their charges,
him, to the person on whose goods, &c. any distress shall though rent de
be levied, although the amount of the rent demanded £20.
shall exceed the sum of £20. By s. 7. a fair printed
copy of this act shall be hung up, in some convenient

Printed cony of
place, in such halls or roonis where the justices of every this aet to be
county in England and Wales shall hold either their hung up in spre

sions houses of quarter or other sessions,

England and

Wales.
Schedule referred to in this act. :
Form of the order and judgment of the justice before
whom complaint is preferred, where the order and judg- where judgment
ment is for the complainant.

for complain-
In the matter of the complaint of A. B. against-C. D. for.
a breach of the provisions of an act of the 57th year of his

majesty

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dismissed.

majesty king George the third, intitled “an act to regulate
the costs of distresses levied for payment of small rents” I
E. F. a justice of the peace for the county of and
acting within the division of

do order and
adjudge that the said C. D. shall pay to A. B. the sum of

as a compensation and satisfaction for unlawful charges and costs levied and taken from the said A. B. under a distress for rent; and the further sum of

for costs on this complaint. (Signed.) E. F. ? Form of order

Form of the order and judgment of the justice, where where complaint he dismisses the complaint as unfounded, and with or

without costs, as the case may be.

In the matter of the complaint of A. B. against C. D. for
the breach of the provisions of an act of the 57th year of
his majesty king George the third, intitled an act; &c: (ut
supra.) I E. F. a justice of the peace for the county of
and acting within the division of do order and adjudge
that the complaint of the said A. B. is unfounded ; (if costs
are given) and I do further order and adjudge, that the
said A. B. shall pay unto the said C. D. the sum of
for costs.

(Signed.) E. F Schedule of costs

Schedule of the limitation of costs and charges on disand charges.

tresses for small rents.
Levying distress,

£0 3s, od,
Man in possession per day,

( 26 Appraisement whether by one broker or more,

six-pence in the pound on the value of the

goods,
Stamp, the lawful amount thereof,
All expences of advertisements, if any such, 0100
Catalogues, sale and commission, and delivery

of goods, one shilling in the pound on the
net produce of the sale.

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Of the Courts of Common Law and Equity.

Lorolchief baron (or baron, in

P. 38.1. 15. To facilitate the hearing and determining of suits in equity, in his majesty's court of exchequer, at

Westminster,

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Westminster, the 57 Geo. 3. c. 18. E. provides, that the case of sickness, lord chief baron of said court for the time being shall fc. of chief ba

ron,) may alone have power to hear and determine all causes, matters, and hear equity things which shall be at any time depending in said court, pending in the

causes, fc. deas a court of equity; and if he shall by sickness, or other exchequer.

57 G80.3. c. 18. unavoidable cause, be prevented from sitting for the purposes aforesaid, then it shall be lawful for the king to appoint, from time to time, by warrant under the royal sign manual, revocable at pleasure, any one other of the barons of the degree of the coif of said court, to hear, &c. such causes, &c. And by s. 2. the said chief baron, or other baron so appointed, shall sit at such times as the Chief barou said chief baron and such baron shall, respectively, (with time for silling.

may appoint regard to matters to be heard before them respectively) appoint, and whether the rest of the barons shall be sitting or not; and all decrees, orders, and acts of the said chief baron, or of such baron, shall be deemed the decrees, &c.

His decrets, des of said court of exchequer; subject only to be reversed, reversed only by

house of lords. discharged, or altered by the house of lords, upon appeal thereto, and as herein-after mentioned. Provided (s. 3.) that it shall be lawful for the said chief baron, upon peti- Chief baron, fe. tion by any of the parties concerned, to rehear any cause such causes, fe. or matter before decided, &c. by such chief baron, or other baron appointed as aforesaid; and also for any baron appointed as aforesaid, upon such petition as aforesaid, to rehear any cause or matter before decided, &c. by him the same baron, and respectively thereupon to make such order as shall be just. P. 39. I. 6. The 53 Geo. 3. c. 24. E. recites, that the King may ap

point a vice number of appeals and writs of error in parliament, has chancellor, to of late ycars greatly increased, and that it has become hold during

good behaviour. necessary that a larger proportion of time should be allot- 53 Geo.3. c.24. ted for hearing and determining such appeals, &c. than E. has usually been employed for that purpose ; and therefore enacts, that it shall be lawful for the king to nominate and appoint, from time to time, by letters patent under the great seal of the united kingdom, a fit person, being 2 barrister at law of 15 years standing at the least, to be an additional judge assistant to the lord high chancellor, lord keeper, or lords commissioners for the custody of the great

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to hear causes,

seal of the united kingdom, in the discharge of the judi-
cial functions of their respective offices, to be called " Vice
Chancellor of England;" to hold such office during good

behaviour. And by s. 2. such vice chancellor shall have Vice chancellor

power to hear and determine all causes, matters and
fc. referred to things, which shall be at any time depending in the court
him by lord
chancellor.

of chancery of England, either as a court of law, or as a
court of equity, or incident to any ministerial office of the
said court, or which have been or shall be submitted to
the jurisdiction of said court, or of the lord chancellor,
&c. for the time being, by the special authority of any act
of parliament, as the lord chancellor, &c. shall from time
to time direct; and all decrees, orders, and acts of such
vice chancellor, so made or done, shall be deemed to be
the decrees of the said court of chancery, &c. and be ex-

ecuted accordingly; subject nevertheless to be reversed, His decrees, fc. discharged or altered by the lord chancellor, lord keeper, versed by chan- or lords commissioners for the custody of the great seal cellor.

for the time being; and no such decree or order shall be

inrolled, until the same shall be signed by the lord chanVice Chancellor cellor, &c. for the time being: provided that such vice not to reverse,&c. chancellor shall have no power to discharge, reverse, or decrees, 8c. of

alter any decree, order, act, &c. made or done by any master of the

Jord chancellor, &c. unless authorized by the lord chan-
cellor, &c. for the time being so to do; nor to discharge,
&c. any decree, &c. of the master of the rolls. And by

s. 3. such vice chancellor shall sit for the lord chancellor,
l'ice chancellor lord keeper, or lords commissioners, &c. whenever they
to sit for chan-
cellor, or in a shall respectively require him so to do; and shall also at
separate court, such other times as the lord chancellor, &c. shall direct,
as directed by

sit in a separate court, whether the lord chancellor, &c. or
the master of the rolls, shall be sitting or not; for which
purpose the said lord chancellor, &c. shall make such
order as to them respectively shall appear to be proper.

And by s. 4, such vice chancellor shall have rank and pre7'u rank after cedence next to the master of the rolls. By s. 5. it shall master of the be lawful for the king, by such letters patent as aforesaid, rolls.

or any other letters patent under the great seal of the

united kingdom, to direct that such vice chancellor shall Officers to ata tend vice chan- have a secretary, trainbearer, and usher; and that the

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s. 8. to 13.

secretaries, and deputy registers and other officers appointed to attend the lord chancellor, &c. shall attend such vice chancellor when sitting for the lord chancellor, &c. and also when sitting in his separate court, as circumstances shall require, and as the said lord chancellor, &c. Vice Chancellor

removable upon shall direct. Provided that it shall be lawful for the king address of both to remove any such vice chancellor from his office, upon houses of paran address of both houses of parliament. By s. 7. said vice chancellor, previous to his executing any of the duties of his office, shall take the following oath, which the lord chancellor, &c. or the master of the rolls, shall administer: “I do solemnly and sincerely, promise and swear, that I will duly and faithfully, and to the best Oath of vice

chancellor. of my skill and power execute, the office of vice chancellor of England. So help me God.” And this act (s. 8. to 13.)

Salaries proviprovides salaries for the vice chancellor, and said other of- ded for vice

chancellor, &c. ficers, out of the common and general cash belonging to the suitors of the court of chancery, lying dead and unemployed in the bank of England. P. 50. l. 4. The 53 Geo. 3. c. 131. I. contains several Money present

ed at assizes, doc. provisions relative to the raising of money at any assizes, for building,de. or presenting term, for enlarging or altering court houses

53 Geo.3.c.131. and sessions houses in Ireland, or for building new court I. houses or sessions houses in lieu thereof, or for such repairs therein as may be necessary : And by s. 8. of this

( 55 Geo,3 c.89, act, as amended by the 55 Geo. 3. C. 89. I. any court house ..) in Ireland, whether erected according to the provisions of County court

house, &c. built the 53 Geo. 3. c. 131. I. or not, which is or shall be built within a county for any county at large within a county of a city or of a city, dc.

deemed part of county of a town within which the assizes, or the commis- county at large. sion of oyer and terminer, of or for such county at large, shall have been usually held, shall, with their appurtenances, be deemed part and parcel of the county at large

Proviso as to for which the same shall have been built. But this latter act provides, that whenever such tenement shall cease to ing to be a

county court be a court-house of such county, whether by reason of the kouse. building of a new court-house, or otherwise, then such house, and the scite and appurtenances thereof, shall be deemed to be part and parcel of the county of a city, or county of a town,within which the same shall be so situated.

P. 56.

court houses,

S. 8,

tenemend ceas

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