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IV. Provided also, and be it further enacted, That it shall and Defendant, may be lawful for any Defendant who shall have put in and per- after perfecting fected Special Bail in any Cause, upon Motion to the Court in Bail, may
make Deposit which the Action is brought, if the Court shall so think fit, to
and Payment, deposit and pay into Court the Sum which would have been and file Comdeposited and paid in case the Defendant had originally elected so mon Bail. to do, together with such further Sum, to answer
the Costs, as the Court may direct, to abide the Event of the said Suit, and to be disposed of in manner aforesaid ; and thereupon it shall be lawful for the said Court to direct a Common Appearance to be entered, or Common Bail to be filed for the Defendant, and an Exoneretur to be entered upon the Bail Piece in the said Cause.
• V. And Whereas the Provisions in the said Acts authorizing * Plaintiffs, in default of Appearance of Defendants, to enter a . Common Appearance, or file Common Bail, as therein directed, . are not deemed to extend to Proceedings by Original and other • Writs whereupon no Capias is issued, and it is expedient to extend • the Provisions of the said former Acts to such Proceedings;' Be it further enacted, That in all Cases where the plaintiff or Plaintiffs Personal Sershall proceed by Original or other Writ, and Summons or Attach- vice of Sum.
mons to appear. ment thereupon, or by Subpæna and Attachment thereupon, in any Action at Law against any Person or Persons not having Privilege of Parliament, no Writ of Distringas shall issue for Default of Appearance, but the Defendant or Defendants shall be served personally with the Summons or Attachment, at the Foot of which shall be written a Notice, informing the Defendant or Defendants of the Intent and Meaning of such Service, to the Effect following: C.D. (naming the Defendant ], You are served with this Process
at the Suit of Ă. B. [naming the Plaintiff or Plaintiffs), • to the Intent that you may appear by your Attorney in His • Majesty's Court of
at Westminster, at the Return hereof, being the
Day of , in order to your Defence in this Action; and • take notice, that in default of your Appearance the said A. B. ' will cause an Appearance to be entered for you, and proceed
thereon as if you had yourself appeared by your Attorney.' But in case it shall be made appear to the Satisfaction of the When DeCourt, or, in the Vacation, of any Judge of the Court from which fendant does such Process shall issue, or into which the same shall be return
not appear, the
Plaintiff may able, that the Defendant or Defendants could not be personally proceed by served with such Summons or Attachment, and that such Process Writ of Dishad been duly executed at the Dwelling House or Place of Abode tringas. of such Defendant or Defendants, and then t it shall and may be + Sic. lawful for the Plaintiff or Plaintiffs, by Leave of the Court, or Order of such Judge as aforesaid, to sue out a Writ of Distringas to compel the Appearance of such Defendant or Defendants; and that at the Time of the Execution of such Writ of Distringas there shall be served on the Defendant or Defendants, by the Officer executing such Writ, if he, she, or they can be met with, and if he, she, or they cannot then be met with, there shall be left at his, her, or their Dwelling House or other Place where such Distringas shall be executed, a written Notice in the following Form :
Form of Notices
[specifying the Court in which on the Execu
the Suit shall be depending], between A. B. Plaintiff and C. D. tion of Writ of Distringas.
• Defendant, (naming the Parties]: Take Notice, that I have this
Day distrained upon your Goods and Chattels for the Sum of • Forty Shillings, in consequence of your not having appeared ' by your Attorney in the said Court at the Return of a Writ of
returnable there on the Day of
; and that in default of your ' appearing to the present Writ of Distringas at the Return thereof, being the Day of
the • said A. B. will cause an Appearance to be entered for you, and * proceed thereon as if you had yourself appeared by your Attorney.
• E. F. [the Name of the Sheriff's Officer.]' " To C. D. the above-named Defendant.' If Defendant And if such Defendant or Defendants shall not appear at the does not appear Return of such Original or other Writ, or of such Distringas, as within Eight
the Case may be, or within Eight Days after the Return thereof, Days, Plaintiff
in such Case it shall and may be lawful to and for the Plaintiff or may enter a Common Ap- Plaintiffs, upon Affidavit being made and filed in the proper Court pearance. of the personal Service of such Summons or Attachment, and
Notice written on the Foot thereof as aforesaid, or of the due Execution of such Distringas, and of the Service of such Notice as is hereby directed on the Execution of such Distringas, as the Case may be, to enter a Common Appearance for the Defendant or Defendants, and to proceed thereon as if such Defendant or Defendants had entered his, her, or their Appearance; any Law or Usage to the contrary notwithstanding; and that such affidavit or Affidavits may be made before any Judge or Commissioner of the Court out of or into which such Writ shall issue or be returnable, authorized to take Affidavits in such Court, or else before the proper Officer for entering Common Appearances in such Court, or his lawful Deputy, and which Affidavit is hereby directed to
be filed gratis. From 1st Au- VI. And be it further enacted, That all and every the Provigust 1827, the
sions contained in the said Act of the Nineteenth Year of the Reign Provisions of
of His late Majesty King George the Third, respecting Actions in 19 G. 3. c. 70. inferior Courts where the Cause of Action should amount to less extended to
than Ten Pounds, shall be and the same are hereby, from and higher Sums. after the said First Day of August
, extended to all Actions in such err. 101.86. Courts where the Cause of Action shall not amount to Twenty
Pounds, exclusive of all Costs, Charges, and Expences as afore158 said; and that so much of any Act or Acts heretofore passed for
the Recovery of Debts within certain Districts and Jurisdictions, which may have authorized the Arrest and Imprisonment of De. fendants when the Cause of Action amounts to less than Twenty Pounds, exclusive of such Costs, Charges, and Expences as aforesaid, shall be and the same is hereby, from and after the said First Day of August, repealed.
. VII. And Whereas the holding to Special Bail Persons inhabit
ing within the Principality of Wales, or Counties Palatine, by • Process out of the Courts of Record at Westminster, in Debts of small Amount, is oppressive and vexatious, and the Remedy
• intended for Prevention thereof, by an Act passed in the
Eleventh and Twelfth Years of the Reign of King William the • Third, intituled An Act for preventing of frivolous and vexatious • Suits in the Principality of Wales, and the Counties Palatine, • ought to be amended and extended;' Be it enacted, That no As to Arrests Sheriff or other Officer within the said Principality, or the Counties in Wales, Palatine of Chester, Lancaster, or Durham, shall, upon any
caster, or DurProcess issuing out of any of His Majesty's Courts of Record at ham, by Process Westminster, after the said First Day of August, arrest or hold any out of any Person to Special Bail, unless such Process shall be duly marked Courts at Westand indorsed for Bail in a Sum not less than Fifty Pounds.
minster. • VIII. And Whereas Arrests of the Person have in many In“stances been made under Writs sued out by Persons not being • Attornies or Solicitors, and whose Places of Residence have been ' unknown, and the Practice has been found to be productive of • Oppression and Vexation ;' Be it enacted, That from and after Sheriff, &c. not the said First Day of August next, no Sheriff
, Under Sheriff, or to execute Proother Officer having the Execution of Process, shall grant any cess, unless the
Writ be deliWarrant for the Arrest of, or shall arrest the Person of any
vered by an fendant, upon any Writ or Process issued by any Plaintiff in his
Attorney, &c. own Person, unless the same Writ shall, at or before the Time of and indorsed granting such Warrant or of making such Arrest, be delivered to with his Naine such Sheriff, Under Sheriff, or other Officer having the Execution and Place of
Abode. of Process, by some Attorney of One of the Courts of Record at Westminster, or of the Courts of Great Sessions in Wales, or of the Courts of the Counties Palatine of Lancaster or Durham, or of the Court out of which the said Writ shall have issued, or by the Clerk of such Attorney, or an Agent authorized by such Attorney in Writing, and unless the said Writ shall be indorsed by such Attorney or his Clerk, or such Agent as aforesaid, in the Presence of such Sheriff, Under Sheriff, or other Officer having the Execution of Process, with the Name and Place of Abode of such Attorney.
IX. And be it further enacted, That all Warrants granted, Warrants, &c. and all Arrests of the Person made, contrary to the Provisions contrary hereto,
void. of this Act, shall be altogether illegal and void : Provided always, that nothing herein contained shall extend to any Writ or Process Exception. sued out by any Attorney, Solicitor, Clerk of Court, or other Officer of any Court, having Authority to sue out Process in his own Name.
X. Provided always, That nothing herein contained shall extend Act not to exto those Parts of the United Kingdom called Scotland and Ireland. tend to Scot
land or Ireland. CA P. LXXII. An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes.
[2d July 1827.] THEREAS an Act was passed in the Fifty eighth Year of the : W s8 6.8. c. 45. • An Act for building and promoting the building of additional • Churches in populous Parishes, whereby it was enacted, that it
should be lawful for His Majesty, by Letters Patent, to appoint such Persons as His Majesty should deem fit, to be His Com
3 G. 4. c. 72.
' missioners for carrying into Execution the Purposes of the said
Act, and that the said Commission should continue in force for
• the Term of Ten Years from the Date thereof, unless His Majesty 59 G. 3. c. 134. should think fit sooner to revoke the same: And Whereas ano
ther Act was passed in the Fifty ninth Year of the Reign of His ‘late Majesty King George the Third, for the Purpose of amend
ing and rendering more effectual the said Act, whereby it was ' enacted, that it should be lawful for His Majesty, His Heirs and ' Successors, when and so often as any Vacancy should arise of
any of the Commissioners appointed under the Provisions of the ' said recited Act, or the Act now in Recital, to supply any such
Vacancy or Vacancies, by the Appointment of any other Person
or Persons, and also from time to time to appoint additional Com' missioners, who, together with the Persons before appointed, ' should be the Commissioners for carrying into Execution the • Purposes of the said Act and the Act now reciting; and the • Commissioners so appointed by His Majesty were thereby de
clared to be a Body Corporate, by the Style of His Majesty's • Commissioners for building New Churches,' and should have a • Common Seal: And Whereas another Act was passed in the • Third Year of His present Majesty, for the Purpose of amend
ing and rendering more effectual the said Two Acts so passed 5 G. 4. c. 103, as aforesaid : And Whereas another Act was passed in the Fifth
• Year of the Reign of His present Majesty, for amending and
rendering more effectual the said Three Acts so passed as afore. " said : And Whereas Commissioners for the Purpose of carrying
into effect the aforesaid Acts have been duly appointed, and they • have proceeded in the Execution of the Powers so vested in
them: And Whereas it is expedient that the Time for the Ex"ecution of the Commission granted by His Majesty in pursuance
of the said Acts, and which is limited to the Term of Ten Years
by the said first-mentioned Act, should be extended, and that " the Powers contained in the aforesaid Acts should be altered ' and enlarged ;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament Term of Com- assembled, and by the Authority of the same, That the Persons missioners'
now or hereafter to be appointed to be His Majesty's CommisPowers further sioners for building New Churches, and for the carrying into Effect continued.
the aforesaid Acts and this Act, shall continue to be such Commissioners, and the said Commission shall continue in force for the Term of Ten Years from the Twentieth Day of July One thousand eight hundred and twenty eight, instead of the said Term of Teu Years so fixed as aforesaid, unless His Majesty, His Heirs or Suc
cessors, shall think fit sooner to revoke the said Commission. Commissioners II. And be it further enacted, That it shall be lawful for the may divide Pa- said Commissioners to divide any Parish or Extra-parochial Place rishes under
into such Ecclesiastical Districts in manner provided by the said certain Restrictions.
Act passed in the Fifty eighth Year of the Reign of His late Majesty King George the Third ; and if there shall not be any Burial Ground within such District, then and in every such Case, until a Burial Ground shall be provided, the Bodies of Persons dying within such District may be interred in the Cemetery of the Parish Church, in all respects as if such Division had not taken place.
III. And be it further enacted, That when any Person or Per- Persons endowsons shall, to the Satisfaction of the said Commissioners, endow ing Chapels to any Chapel built or hereafter to be built by such Person or Persons, mination of with some permanent Provision in Land or Monies in the Funds Minister. exclusively, or in addition to the Pew Rents or other Profits arising from the said Chapel, such Endowment to be settled and assured as the said Commissioners shall authorize and direct, it shall be lawful for the said Commissioners to declare that the Right of nominating a Minister to the said Chapel shall for ever thereafter be in the Person or Persons building and endowing the said Chapel, his, her, or their Heirs and Assigns, or in such Person or Persons as he, she, or they shall appoint, and notwithstanding no Compensation or Endowment may be made to or for the Benefit of the Minister of the Church of the Parish within which such Chapel may be built.
CA P. LXXIII.
One thousand eight hundred and twenty nine, an Act of
[2d July 1827.]
Reign of His present Majesty, intituled An Act to provide 4 G. 4. c. 96. • until the First Day of July One thousand eight hundred and ' twenty seven, and until the End of the next Session of Par• liament, for the better Administration of Justice in New South " Wales and Van Diemen’s Land, and for the more effectual • Government thereof, and for other Purposes relating thereto : " And Whereas the said Act will expire at the End of the Session . of Parliament next following the First Day of July One " thousand eight hundred and twenty seven; and it is expedient " to continue the said Act for a limited Time;' Be it therefore enacted by the King'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 said Act shall be and the same Recited Act is hereby continued until the Thirty first Day of December One continued. thousand eight hundred and twenty nine.
Majesty and the Emperor of Brazil, for the Regulation and
Majesty and His Majesty the Emperor of Brazil, for the Regulation and final Abolition of the African Slave Trade, so far • as relates to the Dominions and Subjects of the Brazilian • Empire, and signed at Rio de Janeiro on the Twenty third
Day of November in the Year of our Lord One thousand eight • hundred and twenty six : And Whereas by the First Article of