Of Courts Ecclesiastical, Military and Proctors per to use their of others, struck 53 Geo.3.c.127. 3. 8. E. P. 56. l. 35. The 53 Geo. 3. c. 127. E. provides (s. 8.) mitting others that if any proctor of the [arches court of Canterbury, name, or prac- or any other ecclesiastical court] in which he shall be entising for profit titled to act as proctor, shall act as such, or permit his off the roll, &c. name to be in any manner used in any suit, the prosecution or defence whereof shall appertain to the office of a proctor, or in obtaining probates of wills, letters of administration, or marriage licenses, to or for, or on account or for the profit and benefit of any person or persons not entitled to act as a proctor, or shall suffer any such person or persons to demand or participate in such profit, &c. and complaint thereof shall be made to the court or courts wherein such proctor hath been admitted and inrolled, and proof given to the satisfaction of said court, &c. that such proctor hath offended therein as aforesaid, then such proctor shall be struck off the roll of proctors, and be for ever disabled from practising as a proctor, or be suspended from the office, &c. of a proctor, in every such court, so long as the judge or judges thereof may deem fit; save as to any allowances or sums of money that shall be agreed to be made to the widows or children of any deceased proctors, by any surviving partners; and save as to any agreement made, or understood to have been made, between proctors and articled clerks, whose articles have been executed prior to the passing of this act, (+12th July 1813.) And by s. 9. in case Penalty for any person shall, in his own name, or in the name of any practising as other proctors, if not person or persons, make, do, act, exercise or perduly admitted form any act, &c. belonging to the office, &c. of a proc Proviso. s. 9. and inrolled. tor, "Court of prerogative in Ireland, or of the consistorial and metropolitical courts of Armagh and Dublin, or of any other ecclesiastical court in Ireland," in 54 Geo. 3, c. 68. s, 9. I. + The corresponding clause in the 54 Geo. 3. c. 68. 1. relates to the 17th June, 1814. tor, in consideration of any gain, fee or reward, or with a view to participate in the benefit to be derived from the office, &c. of a proctor, without being admitted and inrolled, he shall, for every such offence, forfeit £50, to be recovered as herein-after mentioned: Provided (s. 10.) that nothing herein shall extend to any salary which shall Proviso as to be agreed to be paid by a proctor, his partner or succes- served 7 years. sor, to a clerk really and bona fide serving in his office at s. 10. clerks who have $ 11. recovered. the time of the passing of this act, and who shall have been bona fide serving in the office of any proctor for 7 years next before the passing of the same. By s. 11. all penalties for offences against this act, shall and may be Penalties how sued for and recovered in any [*court of record at Westminster,] by action of debt, &c. wherein, &c. and wherein the plaintiff, if he shall recover any penalty, shall receive the same to his own use; with full costs of suit. The 54 Geo. 3. c. 68. I. contains, with respect to Ireland corresponding clauses, with such variation only as is noted Corresponding in the margin. 54 Geo. 3. c.68. I. act. lid, though missioners. 56 Geo. 3. c. 82. U. K. P. 58. last line. The 56 Geo. 3. c. 82. U. K. recites,-Judicial acts of that it is requisite that due validity should be given to the surrogates in admiraltycourts judicial acts of surrogates who have executed the offices in colonies vaof judges in the courts of vice admiralty established in not appointed his majesty's plantations and colonies, during vacancies by lords comoccasioned by the deaths or resignation, or other removals of said judges, or who shall hereafter execute the same during such vacation; and therefore enacts, that all judicial acts of surrogates having been appointed to act as judges during such vacancies, either by judges of said courts previously to their removal, or, in default of such appointment, by the governors of such plantations, &c. shall have the same validity, and be subject to the same course of appeal, as if the said acts had been done by the authority of judges regularly appointed by the lords commissioners of the admiralty. P. 64. *“In any of his majesty's four courts in the city of Dublin" in the 54 Geo. 3. c. 68. s. 12. 1. Of Courts of a Special Jurisdiction. Lord lieutenant &c. may alter or ties, or appoint under 36 Geo.3. c. 25. for hearing civil bills, &c. *. 20. I. P. 64. 1. 9. The 54 Geo: 3. c. 131 s. 20. I. recites the annul the divi- 36 Geo. 3. c. 25. s. 1. Ir. and that doubts had been entersions of coun- tained whether after any county shall have been divided ment of towns under the provisions of said act, or any town appointed for the purpose of hearing and determining of civil bills at some general sessions or quarter sessions, or some ad54 Geo.5.c.131. journment thereof, such division or appointment can be changed; and therefore enacts, that it shall be lawful for the lord lieutenant, &c. with the advice of the privy council of Ireland, from time to time, to alter or annul any such division heretofore made or hereafter to be made, of any county under the 36 Geo. 3. c. 25., and to substitute and appoint any new or other division thereof into two parts, for the purposes in said recited acts mentioned; and also to change or annul the appointment of any town or towns in any county or division, for any of the purposes aforesaid, and to appoint such other town or towns in lieu thereof, as shall seem proper; and any such change which may have taken place before the passing of this act, shall be deemed valid. not exceed 5 guineas. 54 Geo.5 c.181. s. 1. J; Civil bill may P. 65. l. 33. To render more easy and effectual redress be brought in for assaults in Ireland, the 54 Geo. 3. c. 181. I. provides, cases of assault, where damages that in all cases in which, as the law now stands, an action demanded do may be brought in any of his majesty's superior courts in Dublin, for any assault, whether with battery and wounding, or either of them, or not, if the plaintiff shall think proper to lay the damages at the sum of five guineas, or any less sum, then it shall be lawful for such plaintiff to proceed for the recovery of such damages by civil bill, before the assistant barrister at the quarter sessions for the county where the fact shall be committed, or other judge Like proceed- or court having jurisdiction to try civil bills, and within ings as in civil whose jurisdiction the fact shall have been committed, demands. save and except manor courts; and the same shall be pro bills for other ceeded 5. 2, a Decrees on such civil bills plead ed, &c. in bar of other proceed ings. 8. 3. for assaults, judges mig to prosecutors. ceeded on in like manner in all respects, as in case of any other demand, to the same amount, in such courts. And by s. 2. the judgment or decree on such civil bill, or on any appeal, may be pleaded, or otherwise relied on, as bar to any other proceeding for or by reason of such assault, or any consequence arising therefrom, in the same manner, as a judgment to the same effect in any of said superior courts, and no further. And the following clauses of this statute, though perhaps more properly referrible to the head of "judgment and its consequences," (see Digest, vol. 11. 1240.) may be here stated. By s. 3. whenever any person shall be convicted in Ireland, on Upon conviction any indictment for an assault, whether with or without battery and wounding, or either of them, the judge, &c. award costs, &c. before whom conviction shall be had, in addition to the judgment which he shall think properly adapted to such offence, shall, if he shall think fit, order and adjudge that the amount of the costs and expenses of the prosecution and such allowance for the loss of time of the person in attending thereon, as shall be deemed reasonable, (to be ascertained by affidavit, or by such inquiry or examination as said judge, &c. shall think fit,) be paid by the defendant to the prosecutor; and such judge shall in such cause, also Defendant imorder, &c. that sucn defendant be imprisoned for time any not exceeding 6 calendar months, unless such sum be if costs, &c. not sooner paid, independent of such imprisonment, if as such court shall award. Provided (s. 4.) that any sum s. 4. so ordered, &c. for costs, &c. shall not exceed the actual Such costs, &c. and necessary expenses of such proper action, and a mo- ed. derate compensation for the loss of time of the prosecutor, having regard to the circumstances of the prosecution; and such judge, &c. may, by warrant under hand and seal, order such sum to be levied by distress, &c.; and if so levied such defendant shall be discharged from any additional imprisonment. By s. 5. (as amended by the 55 Geo.3.c.88.1.) where it shall appear that any such defendant has not any goods or chattles on which such sum can be levied for Grand juries costs and expenses, it shall be lawful for the grand jury, empowered to at every assizes and presenting term, to make a present- &c. to be levied ment for levying such sum so ordered, &c. at the assizes upon barony or prisoned for 6 calendar months paid. how admeasur s. 5. (55 Geo.3.c.88. present costs, parish where at assault commit is not able to pay them. ed, if defendant at which such trial shall be had, * [or any sum or sums which, at any time subsequent to the first day of the then immediate preceding assizes for such county, shall or may, at any sessions of the peace held in and for such county, or in and for any district or place within such county, have been ordered or adjudged to be paid for costs, &c. by any defendant who shall not appear to have goods, &c. as aforesaid,] and to be paid from off the barony or parish in which such assault shall have been committed: and the same shall be levied in like manner as any other sums presented by any grand jury, and shall be paid to the prosecutor, by the treasurer of the county within which such barony, &c. shall be situate; and the defendant shall, in such case, undergo the full term of imprisonment to which such defendant shall have been sentenced for non-payment of costs, &c. And provided (s. 6.) that nothing herein shall prevent any such prosecutor from being a competent witnesss on the trial of any such indictment. S. 6. Prosecutors competent witnesses. Sufficient for one justice to sign summons against quakers respecting tithes, &c. 53 S. 6. E. 54 Geo.3. c. 68. I. Of the Cognizance of Private Wrongs, P. 82. 1. 4. The 53 Geo. 3. c. 127. s. 6. E. recites the 7 & 8. W. 3. c. 34. s. 4. Eng. and 1 Geo. 1. st. 2. c. 6. upon complaints s. 2. Eng. and provides, that one justice of the peace shall be competent to receive the original complaint, 55 Geo.3.c.127. (against any quaker refusing to pay or compound for his great or small tithes, or to pay any church rates,) and to summon the parties to appear before two or more justices In Ireland also of the peace as in the 7 & 8 W. 3. c. 34. is set forth. And the 54 Geo. 3. c. 68. I. also recites the 7 Geo. 3. c. 21. and jurisdiction Ir. (made perpetual by the 11 & 12 Geo. 3. c. 10. Ir.) and enacts, that the provisions of the 7 Geo. 3. c. 21. touching quakers, shall extend to any value not exceeding £50; and that one justice of the peace shall be competent to receive the original complaint, and to summon the par one justice may sign summons; extended to £50, This clause within the crotchets, is the amendment of the 55 Geo.3.c.88.I. |