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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 unsonally levied such distress; and provided that no personi 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

remedies to parmight 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 form in the sche- Orders of jusdule 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 lit. By s. 6. every broker or other person who shall make and levy any dis- Brokers, fc. letress, shall give a copy of his charges, and of all the vying 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

manded 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 rooms where the justices of every this aet to be county in England and Wales shall hold either their hung ur in spre

sions houses of quarter or other sessions,

England and Schedule referred to in this act. Form of the order and judgment of the justice before

Form of order whom complaint is preferred, where the order and judg- where judgment ment is for the complainant.

for complainIn 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

s. 6.

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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,

0 2 6 Appraisement whether by one broker or more,

six-pence in the pound on the value of the

Stamp, the lawful amount thereof,
All expences of advertisements, if any such, 0 100
Catalogues, sale and commission, and delivery

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

Of the Courts of Common Law and Equity.

Lordchief baron (or baron, in

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


S, 2,

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 &c. 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 is said court, pending in the

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

. unavoidable cause, be prevented from sitting for the pur

57 Goo. 3. c. 18. poses 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 barov said chief baron and such baron shall, respectively, (with time for sitting.

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 decrees, fc. 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, fc. 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 years greatly increased, and that it has become hold during

good behaviour. necessary that a larger proportion of time should be allotted 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 a 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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may rehear


53 Geo.3. c.24. secretaries

6. 2. Vice chancellor to hear causes.



seal of the united kingdom, in the discharge of the judicial 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

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

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, sulyject to be reversed by chan- or lords commissioners for the custody of the great seal

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, fic. of

alter any decree, order, act, &c. made or done by any master of the lord 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 chancellor, 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 miaster of the be lawful for the king, by such letters patent as aforesaid,

or any other letters patent under the great seal of the

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

chancellor or


S. 3.


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S. 5.


houses of pare

s. 7.

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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 shall direct. Provided that it shall be lawful for the king address of both

removable upon to remove any such vice chancellor from his office, upon

liament. an 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 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, fc. 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, dc. provisions relative to the raising of money at any assizes, for building,fc. or presenting term, for enlarging or altering court houses 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 Ì.) in Ireland, whether erected according to the provisions of County court

house, fc, built the 53 Geo. 3. c. 131. I. or not, wbich 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 à 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 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.

court houses.
53 Geo.3.c.131.

S. 8,

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Proviso as to tenement ceas


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