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County, and if they see Cause may mitigate any Penalty, Forfeiture, or Fine, and may order any Money to be returned which shall have been paid by any Person or Persons so appealing, or which shall have been levied in pursuance of such Order, Judgment, or Determination of the said Commissioners or Justices, and shall and may also award such further Satisfaction to be made to the Party injured, or such Damages and Costs to either of the Parties, as they shall judge reasonable and proper; and all such Determinations of the said Justices shall be final, binding, and conclusive upon all Parties to all Intents and Purposes whatsoever ; and in all such Appeals against the said Rates or Assessments, or against any Alteration therein, the said Collector or Collectors shall be Respondent or Respondents, and no Person shall be incom. petent to be examined as a Witness upon any Appeal by reason of his or her being a Rate-payer under this Act; and all such Restitution, Damages, and Costs as shall be so awarded on any Appeal in respect of the said Rates or Assessments against the Party appealing shall be paid to the Collector or Collectors (and upon Nonpayment shall be recoverable by Distress and Sale as for Rates in arrear), and shall be by him or them paid over to the Treasurer for the purposes of this Act; and all such Damages and Costs as shall be awarded on any Appeal in respect of such Rates or Assessments against the Respondent or Respondents shall be reimbursed to him or them by the said Treasurer, together with all proper Costs and Charges to be incurred in defending such Appeal, or in relation thereto: Provided always, that no Rate or Assessment shall be quashed for Want of Form only, nor shall any such Appeal be removed or removeable by Certiorari or any other Writ or Process whatsoever into any of Her Majesty's Courts of Record at Westminster, any Law or Statute to the contrary notwithstanding.

XL. Provided always, and be it further enacted, That on any Quarter SesAppeal against any Rate or Assessment to be made or imposed sions may alter under the Authority of this Act the Justices at the General or

Assessments, or Quarter

Sessions of the Peace at which such Appeal shall be made quash and order shall and they are hereby empowered to amend such Rate or Assessment in such Manner as they may consider necessary for giving Relief to any Party or Parties injured or aggrieved thereby, without quashing such Rate or Assessment, and without altering the same with respect to other Persons mentioned therein; but if upon Appeal against the whole Rate or Assessment it shall be considered necessary to set aside the same, then and in every such Case it shall be lawful for the said Justices so to do, and to order a new Rate or Assessment to be made in lieu thereof in manner herein-before directed.

XLI. And be it further enacted, That this Act shall be deemed Public Act. and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others.

new ones.

CA P.

WH

CA P. XVI.
An Act for improving the Practice and Proceedings of the

Court of Pleas of the County Palatine of Durham and
Sadberge.

[14th June 1839.] HEREAS various Alterations and Improvements have re

cently been made, by the Authority of Parliament and • otherwise, in the Practice and Proceedings of the Superior Courts • of Common Law at Westminster, and in the Court of Common • Pleas of the County Palatine of Lancaster, and it is expedient • that similar Alterations and Improvements should be effected in • the Practice and Proceedings of the Court of Pleas of the County · Palatine of Durham and Sadberge :' Be it therefore enacted by the Queen'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 Serviceable same, That the Process in all Actions hereafter to be prosecuted Process for the in the Court of Pleas at Durham by serviceable Process shall, Commencement whether the Action be brought by or against any Person entitled of personal Actions.

to the Privilege of Peerage or of Parliament, or of the said Court or of any other Court, or to any other Privilege, or by or against any other Person, be according to the Form contained in the Schedule to this Act annexed, marked Number 1, and shall be called a Writ of Summons; and in every such Writ and Copy thereof the Place of Residence or supposed Residence of the Party Defendant, or wherein the Defendant shall be or supposed to be, shall be mentioned ; and such Writ shall be issued in the first instance by the Prothonotary of the said Court of Pleas of Durham, or his Deputy, and shall be served in the Manner heretofore used in the County Palatine of Durham and Sadberge, and not elsewhere; and the Person serving the same shall and is hereby required, within Three Days after Service thereof, to indorse on the Writ the Day of the Month and Week of the Service

thereof. Mode of Ap

II. And be it enacted, That the Mode of Appearance to every pearance to

such Writ of Summons issued under the Authority of this Act serviceable

shall be by delivering to the said Prothonotary or his Deputy a Process.

Memorandum in Writing, dated on the Day of Delivery thereof, according to the Form contained in the said Schedule, and

marked No.2. Appearance

III. And be it enacted, That in case it shall be made appear, may be enforced by Affidavit to the Satisfaction of the said Court of Pleas at Durby.a Writ of

ham, that any Defendant has not been personally served with any Distringas in

such Writ of Summons as herein-before mentioned, and has not, case a Defen. dant cannot be according to the Exigency of such Writ, appeared to the Action, served with the and cannot be compelled so to do without some more efficient Writ of Sum- Process, then and in any such Case it shall be lawful for such

Court, by Rule or Order, to order a Writ of Distringas to be issued, directed to the Sheriff of the said County of Durham, or to any other Officer to be named in such Rule or Order, to compel the Appearance of such Defendant, which Writ of Distringas shall be in the Form and with the Notice subscribed thereto mentioned in the said Schedule, and marked Number 3, which Writ of Dis. tringas and Notice, or a Copy thereof, shall be served on such

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Defendant

mons.

c. 110.

Defendant if he can be met with, or if not, shall be left at the Place where such Distringas shall be executed; and a true Copy of every such Writ and Notice shall be delivered together there. with to the Sheriff or other Officer to whom such Writ shall be directed; and every such Writ shall be made returnable on a Day certain to be named therein, not being less than Fifteen Days after the Teste thereof; and if such Writ of Distringas shall be returned Non est inventus and Nulla bona, and the Party issuing out such Writ of Distringas shall not intend to proceed to Outlawry or Waiver, according to the Authority herein-after given, and any Defendant against whom such Writ of Distringas issued shall not appear at or within Eight Days inclusive after the Return of such Writ of Distringas, and it shall be made appear, by Affidavit to the Satisfaction of the said Court, that due and proper Means were taken and used to serve and execute such Writ of Distringas, it shall be lawful for such Court to authorize the Party suing out such Writ of Distringas to enter an Appear. ance for such Defendant, and to proceed thereon to Judgment and Execution.

IV. And be it enacted, That upon the Return of Non est inventus Proceedings to as to any Defendant against whom any Writ of Capias shall have Outlawry. been issued under and by virtue of an Act of Parliament made and passed in the First and Second Years of the Reign of Her present Majesty Queen Victoria, intituled An Act for abolishing Arrest on 1 & 2 Vict. Mesne Process in Civil Actions, except in certain Cases ; for extending the Remedies of Creditors against the Property of Debtors; and for amending the Laws for the Relief of Insolvent Debtors in England, and also upon the Return of Non est inventus and Nulla bona as to any Defendant against whom such Writ of Distringas as herein-before mentioned shall have issued, whether such Writ of Capias or Distringas shall have issued against such Defendant orly, or against such Defendant and any other Person or Persons, it shall be lawful, until otherwise provided for, to proceed to outlaw or waive such Defendant by Writs of Exigi, Facias, and Proclamation, and otherwise, in such and in the same Manner as may now be lawfully done upon the Return of Non est inventus to a Pluries Writ of Capias ad respondendum issued after an original Writ: Provided always, that every such Writ of Exigent, Proclamation, and other Writ subsequent to the Writ of Capias or Distringas, shall be made returnable on a Day certain to be named therein; and every such first Writ of Exigent and Proclamation shall bear Teste on the Day of the Return of the Writ of Capias or Distringas; and every subsequent Writ of Exigent and Proclamation shall bear Teste on the Day of the Return of the next preceding Writ; and no such Writ of Capias or Distringas shall be sufficient for the Purpose of Outlawry or Waiver, if the same be returned within less than Fifteen Days after the Delivery thereof to the Sheriff or other Officer to whom the same shall be directed.

V. And be it enacted, That after Judgment given in any Action Proceedings to commenced by Writ of Summons under the Authority of this Act, Outlawry may Proceedings to Outlawry or Waiver may be had and taken, and

Judgment given Judgment of Outlawry or Waiver given, in such Manner and in under the Ausuch Cases as may now be lawfully done after Judgment in an thority of this 2 & 3 Vict.

G

Action Act.

mons.

Action commenced by original Writ: Provided always, that every Outlawry or Waiver had under the Authority of this Act shall and may be vacated or set aside by Writ of Error or Motion, in like Manner as Outlawry or Waiver founded on an original Writ

may now be vacated or set aside. Duration of VI. And be it enacted, That no Writ of Summons issued by Writs of Sum- Authority of this Act shall be in force for more than Four Calendar

Months from the Day of the Date thereof, including the Day of such Date; but every Writ of Summons may be continued by

Alias and Pluries, as the Case may require, if any Defendant Provision as to therein named may not have been served therewith : Provided the Statute of always, that no first Writ shall be available to prevent the OperaLimitations. tion of any Statute whereby the Time for the Commencement of

the Action may be limited, unless the Defendant shall be served therewith, or Proceedings to or towards Outlawry shall be had thereupon, or unless such Writ, and every Writ (if any) issued in continuation of a preceding Writ, shall be returned Non est inventus, and entered of Record within One Calendar Month next after the Expiration thereof, including the Day of such Expiration, and unless every Writ issued in continuation of a preceding Writ shall be issued within One such Calendar Month after the Expiration of the preceding Writ, and shall contain a Memorandum indorsed thereon, or subscribed thereto, specifying the Day of the Date of the first Writ, by the Plaintiff or his Attorney suing

out the same. Proceedings on

VII. And be it enacted, That when any Writ of Summons shall Writ of Sum be served or executed all necessary Proceedings to Judgment and

Execution may be had thereon without Delay at the Expiration Proviso for of Eight Days from the Service or Execution thereof; provided Sunday, &c always, that if the last of such Eight Days shall in any Case happen

to fall on a Sunday, Christmas Day, Good Friday, or any Day appointed for a Public Fast or Thanksgiving, in any of such Cases the following Day shall be considered as the last of such

Eight Days. Date and Teste VIII. And be it enacted, That every Writ of Summons shall of Writs. bear Date on the Day on which the same shall be issued; and

every Writ of Summons, Distringas, and all other Writs hereafter to be issued out of the said Court of Pleas at Durham shall be tested in the Name of the Senior Judge, or in case of the Death

of such Senior Judge, then in the Name of the Junior Judge, of Indorsement of the then last Assize of and for the said County; and that the the Name, &c. Name or Firm, and the Place of Business or Residence, of the of the Attorney Attorney or Attornies issuing such Writs shall be indorsed thereon; or Party suing. and where such Attorney or Attornies shall be Agents only, then

there shall be further indorsed thereon the Name or Firm and Place of Business or Residence of the Principal Attorney or Attornies; but in case no Attorney or Attornies shall be employed for that Purpose, then a Memorandum shall be indorsed thereon, expressing that the same has been sued out by the Plaintiff in Person, mentioning the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House

of such Plaintiff's Residence, if any such there be. Service of Writ IX. And be it enacted, That every such Writ of Summons of Summons on issued against a Corporation Aggregate may be served on the

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Mayor

mons, &c.

а

Mayor or other Head Officer, or on the Town Clerk, Clerk, Corporations Treasurer, or Secretary, of such Corporation; and every such Writ and on Inha

bitants of Hunissued against the Inhabitants of a Hundred or other like District

dreds and may be served on the High Constable thereof, or any one of the Towns. High Constables thereof; and every such Writ issued against the Inhabitants of the County of Durham, or the Inhabitants of any Franchise, Liberty, Town, or Place, not being part of a Hundred or other like District, on some Peace Officer thereof.

X. And be it enacted, That all such Proceedings as are men- Proceedings in tioned in any Writ, Notice, or Warning to be issued as aforesaid default of Apunder this Act shall and may be had and taken in default of

pearance. Defendant's Appearance. XI. Provided always, and be it enacted, That nothing in this Proviso for Per

sons privileged Act contained shall subject any Person to Outlawry or Waiver

from Outlawry. who, by reason of any Privilege, Usage, or otherwise, may now by Law be exempt therefrom, or shall extend, save and except as herein-after is provided for, to any Cause removed into the said Court by Writ of Pone loquelam, Recordari facias loquelam, or otherwise.

XII. And be it enacted, That from the Time when this Act Writs for Comshall commence and take effect the Writs herein-before authorized mencement of shall be the only Writs for the Commencement of personal Actions personal Ac

tions. in the said Court by serviceable Process against the Person in the Cases to which such Writs are applicable.

XIII. And be it enacted, That it shall be lawful for the Parties Power to state in any Action depending or to be depending in the said Court of a Special Case

without proPleas at Durham, after Issue joined, by Consent and by Order

ceeding to Trial. of the said Court, to state the Facts of the same in the Form of a Special Case for the Opinion of One of the Superior Courts of Common Law at Westminster, and to agree that a Judgment shall be entered for the Plaintiff or Defendant, by Confession or Nolle prosequi, immediately after the Decision of the Case, or otherwise, as the Court before whom such Case shall be heard may think fit, and Judgment shall be entered accordingly.

XIV. And be it enacted, That it shall and may be lawful for Rule Nisi may the said Court of Pleas at Durham, if the said Court shall think be made to show fit , on any Application being made to the said Court in any Action Cause before

One of the depending in the said Court on any Question involving a Question Judges at of Law or Fact, to grant a Rule to show Cause before any One Westminster. of the Judges of any One of the Superior Courts of Common Law at Westminster, which Judge is hereby authorized and empowered to proceed to hear and determine the Merits of all such Rules, and to make such Orders thereupon as the said Judge shall think proper.

XV. And be it enacted, That it shall and may be lawful for the Justices to have Justices of the

said Court of Pleas at Durham for the Time being Power to make from Time to Time to make such Orders, Rules, and Regulations for altering and regulating the Mode and Time of pleading in that altering and

gulations for Court, and for altering the Mode of entering and transcribing regulating the Pleadings, Judgments, and other Proceedings in Actions at Law Mode and Time therein, and touching the voluntary Admission, upon any Applica- of pleading, &c. tion for that Purpose, at a reasonable Time before the Trial of any Action, of one of the Parties to the other, of all such written or printed Documents or Copies of Documents as are intended

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