CHAPTER XXXII. Irish Acts, AN ACT for the Erection of a Nisi Prius Court House in Dublin. W [23d May 1832.] HEREAS by an Act passed in the Parliament of Ireland in the thirtieth year of the reign of his late Majesty King George the Third, intituled "An Act for enabling the lord high chancellor and the Court of Exchequer 30 Geo. 3. c. 41. « respectively to make orders on the governor and company of the Bank of Ireland, for payment, out of the general fund of monies belonging to the "suitors of the courts of Chancery and Exchequer, of the sum therein men"tioned towards building the principal courts of justice at Dublin and law "offices, and for amending an Act, intituled An Act for better securing the 'monies and effects of the suitors of the Court of Chancery and Court of Exchequer by depositing the same in the national bank, and to prevent "the forging and counterfeiting any draft, order, or other voucher for the "payment or delivery of such money or effects, and for other purposes,'" it is amongst other things enacted, that out of the general fund of the monies of the suitors of his Majesty's High Court of Chancery and Court of Exchequer, which then were or should be deposited in the Bank of Ireland, the governor and company of the Bank of Ireland should, within the space of three years from the twenty-fifth day of March one thousand seven hundred and ninety, pay to the lord high chancellor and chief judges, towards building the courts and offices therein mentioned, the sum of thirty thousand pounds, in manner therein provided: And whereas by another Act passed in the Parliament of Ireland, in the thirty-fourth year of the reign of his said late Majesty King 34 Geo. 3. c. 6. George the Third, intituled "An Act for enabling the lord high chancellor of "Ireland and the Court of Exchequer respectively to make orders on the governor and company of the Bank of Ireland, for payment, out of the general fund of monies belonging to the suitors of the courts of Chancery "and Exchequer, of the further sum therein mentioned, towards building the principal courts of justice at Dublin and law offices, and for declaring that "all government securities purchased for the governor and directors of the " said Bank, and profits arising therefrom, should be placed to the account of "the governor and company of the said Bank," it was amongst other things enacted, that a further sum of thirteen thousand five hundred pounds should be paid out of the said fund to the lord high chancellor and chief judges, towards building the said courts and offices: And whereas the dispatch of business in the said courts would be much facilitated by providing an additional court house in which causes may be tried at nisi prius during term, so as not to interrupt the business of any of the other courts, and in which the court of error, commonly called the Exchequer chambers, may also hold its sittings without interruption to the business of the rolls court: 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 out of the said general fund of the monies of the suitors of the said High Court of Chancery and Court of Exchequer, which now are or shall be deposited in the Bank of Ireland, the governor and company of the Bank of Ireland shall, from and after the twenty-fifth day of September one thousand eight hundred and thirty-two, from time to time, as may be required, pay to the commissioners for the extension and promotion of public works in Ireland, for building the Court of Chan- said court house (and also for improving the accommodations in the present principal 4,000l. authorized to be advanced out of the general fund of the monies of the suitors of the courts of justice in Dublin), any further sum or sums of money, not exceeding in the cery and Court whole the sum of four thousand pounds, upon any order or orders which the lord high of Exchequer chancellor, or the lord high keeper or lords commissioners for the custody of the great in Ireland for seal of Ireland for the time being, and the lord chief baron of the Court of Exchequer building a for the time being, shall respectively make for that purpose in each year respectively. nisi prius, &c. [Rep., Stat. Law Rev. Act, 1874.] new court of and Common Pleas, and barons of the Exchequer may sit in the new court house for trial of issues, &c. II. AND be it further enacted, that it shall and may be lawful for the judges Judges of the of the Court of King's Bench, or any one or more of them, and for the judges King's Bench of the Court of Common Pleas, or any one or more of them, and for the barons of the Court of Exchequer, or any one or more of them, to sit in the said new court house, and there to hear, try, and determine all or any issues, civil or criminal, joined or to be joined in the said respective courts, and to pronounce judgment and make orders, and to have and exercise in the said new court house all the same powers, privileges, and authorities as if such judges or barons respectively were sitting in their said respective courts; and that all process, orders, acts, and proceedings so to, from and in the said new court house to be made and had, shall be valid and effectual as if made and had in the said courts respectively; and that all jurors, parties, witnesses, sheriffs, bailiffs, and others shall be bound and are hereby required to attend before the said judges and barons respectively or any judge or baron presiding as aforesaid in the said new court house, as fully and effectually as if the said judges or judge, barons or baron, were sitting in their said respective courts. AN ACT to effectuate the Service of Process issuing from the Courts of Chanand Exchequer in England and Ireland respectively. cery [23d May 1832.] WHEREAS great inconvenience and delays of justice arise from the defect of jurisdiction in courts of equity to effectuate the service of their process in such parts of the United Kingdom of Great Britain and Ireland as are not within the jurisdiction of the said respective courts: For remedy whereof be it 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 from and after the passing of this Act it shall and may be lawful for the courts of Chancery and of Exchequer in England respectively, if they shall so think fit, upon special motion of the complainant or complainants in any suit which has been or shall be instituted in such courts respectively concerning lands or tenements or hereditaments situate or being within that part of the United Kingdom called England or Wales, to order and direct that service in any part of the United Kingdom of Great Britain and Ireland and in the Isle of Man respectively of any subpoena or subpoenas, letter missive or letters missive, and of all subsequent process to be had thereon, upon any defendant or defendants in such suit then residing in such part of the said United Kingdom or Isle of Man in which he, she, or they shall be so served, shall be deemed good service of or be made upon such defendant or defendants, upon such terms and in such manner and at such time as to such courts respectively shall seem reasonable; and that thereupon it shall and may be lawful for such courts respectively to proceed upon such service so made as aforesaid as Courts of Chancery and in any part of the United fully and as effectually as if the same had been duly made within the jurisdictions of such courts respectively. II. AND be it further enacted, that it shall and may be lawful for the Courts of Chancery and of Exchequer in Ireland respectively, if they shall so think fit, upon special motion of the complainant or complainants in any suit which has been or shall be instituted in such courts respectively concerning lands or tenements or hereditaments situate or being within that part of the United Kingdom called Ireland, to order and direct that service in any part of the United Kingdom of Great Britain and Ireland and in the Isle of Man Kingdom and respectively of any subpoena or subpoenas, letter missive or letters missive, and of all subsequent process to be had thereupon, upon any defendant or defendants in such suit then residing in such part of the said United Kingdom or Isle of Man in which he, she, or they shall be so served, shall be deemed good service of or be made upon such defendant or defendants, upon such terms and in such manner and at such time as to such courts respectively shall seem reasonable; and that thereupon it shall and may be lawful for such courts respectively to proceed upon such service so made as aforesaid as fully and as effectually as if the same had been duly made within the jurisdiction of such courts respectively. in the Isle of Man. With subpoena, &c. served a copy of the prayer of the bill shall be served; and no process of contempt shall be entered, &c. without special order. III. PROVIDED always, and be it further enacted, that along with such subunder this Act pœna or letter missive served under any such order as aforesaid of the said courts of Chancery and of Exchequer of England and of Ireland respectively, a copy of the prayer of such complainant's bill shall be served upon every such defendant; and provided also, that no process of contempt shall be entered upon any such proceedings as herein-before mentioned, nor any decree made absolute in any of the said courts in England or Ireland respectively, without the special order of such court, upon special motion made for such purpose: Provided also, that nothing in this Act shall be held to make it compulsory upon the complainant or complainants in any suit in any of the said respective courts to serve with process or bring before such courts respectively any party or parties, person or persons, further or otherwise than such complainant or complainants are now by law or the practice of such courts respectively required to do. CHAPTER XXXIX. AN ACT for Uniformity of Process in Personal Actions in His Majesty's Courts WHEREAS the process for the commencement of personal actions in his Majesty's superior courts of law at Westminster is, by reason of its great variety and multiplicity, very inconvenient in practice: XI. AND whereas, according to the present practice, in certain cases no proceedings can be effectually had on any writ returnable within four days of the end of any term, until the beginning of the ensuing term, whereby an [a So much of this Act as relates to the entering an appearance for the defendant by the plaintiff in any action in any of the superior courts of common law at Westminster, rep., 15 & 16 Vict. c. 76. s. 26.7 execution may service or execution. unnecessary delay is sometimes created: For remedy thereof be it enacted, that Proceedings to if any writ of summons, capias, or detainer issued by authority of this Act judgment and shall be served or executed on any day, whether in term or vacation, all be had on writs after eight necessary proceedings to judgment and execution may, except as herein-after days from provided, be had thereon, without delay, at the expiration of eight days from the service or execution thereof, on whatever day the last of such eight days may happen to fall, whether in term or vacation: Provided always, that if the Proviso for last of such eight days shall in any case happen to fall on a Sunday, Christmas Sunday, &c., Day, or any day appointed for a public fast or thanksgiving, in either of such cases the following day shall be considered as the last of such eight days; and if the last of such eight days shall happen to fall on any day between the Thursday before and the Wednesday after Easter Day, then in every such case the Wednesday after Easter Day shall be considered as the last of such eight days: Provided also, that if such writ shall be served or executed on and for long any day between the tenth day of August and the twenty-fourth day of October in any year, special bail may be put in by the defendant in bailable process, or appearance entered, either by the defendant or the plaintiff, on process not bailable, at the expiration of such eight days: Provided also, that no declaration or pleading after declaration shall be filed or delivered between the said tenth day of August and twenty-fourth day of October. XV. AND be it further enacted, that it shall be lawful, in term time, for the court out of which any writ issued by authority of this Act, or any writ of capias ad satisfaciendum, fieri facias, or elegit, shall have issued, to make rules, and also for any judge of either of the said courts, in vacation, to make orders, for the return of any such writ; and every such order shall be of the same force and effect as a rule of court made for the like purpose; provided always, that no attachment shall issue for disobedience thereof until the same shall have been made a rule of court. XIX. PROVIDED always, and be it further enacted, that nothing in this Act contained shall extend to any cause removed into either of the said courts by writ of pone, certiorari, recordari, facias loquelam, habeas corpus, or otherwise. XXI.. .: Provided always, that nothing in this Act contained shall abridge, alter, or affect the franchises and jurisdictions of either of the counties palatine of Lancaster or Durham, or of any officer or minister thereof. vacation. AN ACT to amend the Laws relating to the Business of the Civil Departments WHEE : named to be principal officers and commissioners of his Majesty's navy, and by other letters patent under the great seal, bearing date the twenty-fifth day of February one thousand eight hundred and thirty-one, was pleased to constitute and appoint certain other persons therein named commissioners for victualling his Majesty's navy, and for the care of sick and wounded seamen : And whereas it has been deemed expedient that the number of offices in the civil departments of the navy should be reduced, and to that end that the offices or departments of the principal officers and commissioners of his Majesty's navy, and of the commissioners for victualling his Majesty's navy, and for the care of sick and wounded seamen, should be abolished: And whereas various duties of the said commissioners being established and regulated by divers Acts of Parliament, it is requisite that such Acts should in some cases be altered, and new provisions made for the due execution of the said duties 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 in case his Majesty shall be pleased to cancel and revoke the said letters patent by which the said several persons were respectively constituted and appointed principal officers and commissioners of the navy, and commissioners for victualling his Majesty's navy, and for the care of sick and wounded seamen, as aforesaid, all the interests, titles, authorities, powers, and duties vested in the said respective commissioners by any Act or Acts of and authorities Parliament, and every matter relating to them and their respective offices, by any statutes shall from and after such revocation be and the same are hereby declared to shall be trans- be transferred to the commissioners for executing the office of lord high commissioners admiral of the United Kingdom of Great Britain and Ireland for the time being, and shall be vested in and exercised by them in as full and ample a manner, to all intents and purposes, as if they had been named in the said Acts instead of the commissioners of his Majesty's navy, and the commissioners for victualling his Majesty's navy, and for the care of sick and wounded seamen respectively, subject however to the provisions herein-after established Provided always, that such transfer shall not be deemed to confer on the said commissioners for executing the office of lord high admiral aforesaid any new office within the meaning of an Act passed in the sixth year of the reign of her Majesty Queen Anne, intituled "An Act for the In case his Majesty shall revoke the appointments of the commis sioners of the navy and for victualling, &c,, the powers vested in them ferred to the of the Admiralty; who shall not thereby be disqualified from sitting in Parliament under 6 Ann. c. 41. ; but not more than five com missioners shall sit in the House of Commons at once. security of her Majesty's person and government, and of the succession to "the Crown of Great Britain in the Protestant line"; nor shall any such commissioner last-mentioned, by taking upon himself, under any new letters patent which bis Majesty may think fit to cause to be issued, the duties of the offices so abolished, be disqualified from sitting and voting in Parliament, or thereby vacate the seat in Parliament which any such commissioner may then hold; any thing contained in the said Act of Queen Anne, or in any other Act, or any usage of Parliament, to the contrary notwithstanding; but it is nevertheless hereby declared, that from and after the passing of this Act no greater number than five commissioners of the Admiralty shall be competent at any one time to sit and vote in the Commons House of Parliament. |