or upon an Affidavit, of the personal Service of such Writ, to transmit a Certificate of such Default, under the Hands of Two of the Justices of the said Court, to the Court of Queen's Bench in England, to the Court of Justiciary in Scotland, or to the Court of Queen's Bench in Ireland, and the said last-mentioned Courts respectively shall and may thereupon proceed against and punish, by Attachment or otherwise, according to the Course and Practice of the said respective Courts, the Person so having made default, in such and the like Manner as they might have done if such Person had neglected or refused to appear in obedience to a Writ of Subpoena or other Process issued to compel the Attendance of Witnesses out of such last-mentioned Courts respectively. XXVII. Provided always, and be it enacted, That neither of the said Courts of Queen's Bench or Court of Justiciary shall in any Case proceed against or punish any Person, nor shall any such Person be liable to any Action, for having made default by not appearing to give Evidence in obedience to any Writ of Subpoena or other Process for that Purpose issued under the Authority of this Act, unless it shall be made appear to the Court that a reasonable and sufficient Sum of Money to defray the Expences of coming to give Evidence, and of returning from giving such Evidence, had been tendered to such Person at the Time when such Writ of Subpoena or other Process was served upon such Person. Expences of Attendance on Writs of Sub pœna shall be tendered to Witnesses. XXVIII. And be it enacted, That in all Cases where final Judg- For Removal ment shall be obtained in any Action or Suit in the said Court of of Judgment. Pleas at Durham, and also in all Cases where any Rule or Order shall be made by the said Court of Pleas at Durham, whereby any Sum of Money, or any Costs, Charges, or Expences, shall be payable to any Person, it shall be lawful for the Judges of any of Her Majesty's Superior Courts of Record at Westminster, upon the Application of any Person who at the Time of the Commencement of this Act shall have recovered, or who shall at any Time thereafter recover, such Judgment, or to whom any Money, or Costs, Charges, or Expences, shall be payable by such Rule or Order as aforesaid, or upon the Application of any Person on his Behalf, and upon the Production of the Record of such Judgment, or a Transcript thereof, or upon the Production of such Rule or Order, such Record or Transcript thereof, or Rule or Order, as the Case may be, being respectively under the Signature of the Prothonotary of the said Court of Pleas of Durham, or his Deputy, to order and direct the Judgment, or, as the Case may be, the Rule or Order of the said Court of Pleas at Durham to be removed into the said Superior Court, and immediately thereon such Judgment, Rule, or Order shall be of the same Force, Charge, and Effect as a Judgment recovered in or a Rule or Order made by such Superior Court; and all Proceedings shall and may be immediately had and taken thereupon, or by reason or in consequence thereof, as if such Judgment so recovered, or Rule or Order so made, had been originally recovered in or made by the said Superior Court at Westminster; and all the reasonable Costs and Charges attendant upon such Application and Removal shall be recovered in like Manner as if the same were Part of such Judgment, Rule, or Order: Provided always, that no such Judgment, Rule, or Order, when so removed as aforesaid, shall affect If Rules of the Court cannot be enforced, &c. Date of Writs Executions. any Lands, Tenements, or Hereditaments, as to Purchasers, Mortgagees, or Creditors, any further than the same would have done if the same had remained a Judgment, Rule, or Order of the said Court of Pleas at Durham, unless and until a Writ of Execution thereon shall be actually put into the Hands of the Sheriff or other Officer appointed to execute the same. XXIX. And be it enacted, That in case any other Rule of the said Court of Pleas at Durham cannot be enforced by reason of the Nonresidence of any Party or Parties within the Jurisdiction thereof, it shall be lawful, upon a Certificate of such Rule by the Prothonotary of the said Court, or his Deputy, and an Affidavit that by reason of such Nonresidence such Rule cannot be enforced as aforesaid, to make such a Rule of any one of the said Superior Courts at Westminster, whereupon such Rule shall be enforced as a Rule of the Court last mentioned. XXX. And be it enacted, That every Writ of Venire facias and Return of juratores issued out of the said Court of Pleas at Durham shall bear Date on the Day next preceding the first Commission Day of each Assizes, unless such Commission Day shall be on a Monday, and then on the Saturday preceding, and that every Writ of Habeas corpora juratorum shall bear Date on the Day of the Return of the Venire facias juratores; and that all other Writs issued out of the said Court of Pleas at Durham, except Writs of Distringas and Exigent and Proclamation, shall respectively bear Date on the Day on which the same shall be issued; and that all Writs of Execution may, if the Party suing out the same shall think fit, be made returnable immediately after the Execution thereof. Power to adopt Rules made or to be made for the Superior Courts at West minster. Costs for preparing Pleadings. Recognizance to be entered into by the Party removing a Cause from an inferior Court into the Court of Pleas. XXXI. And be it enacted, That whenever by any Act of Parliament, or by or under the Authority of any Act of Parliament, or by any Rule or Order of any of Her Majesty's Superior Courts at Westminster, or of any of the Judges of the same, any Rules, Orders, or Regulations already have been or hereafter shall be made for the Purpose of framing, regulating, or amending the Proceedings, Practice, or Pleadings of any of the said Superior Courts at Westminster, it shall be lawful for the Justices of the said Court of Pleas at Durham, or any Two of them, by Rule or Order to be made in that Behalf, to adopt, mutatis mutandis, all or any of such Rules, Orders, or Regulations, or any Part or Parts thereof, as to the said Court shall seem fit. XXXII. And be it enacted, That the Costs to be from Time to Time allowed for preparing Pleadings in Actions in the said Court of Pleas at Durham shall be the same as shall be allowed for preparing Pleadings of a like Description in Actions in the Superior Courts at Westminster. XXXIII. And be it enacted, That the Proceedings in all Actions, except Actions of Replevin, which shall be removed from any inferior Court within the said County Palatine of Durham into the said Court of Pleas by Writ of Pone loquelam or any other Writ, shall not be stayed or delayed in any such inferior Court by reason of any such Writ of Pone loquelam or other Writ, unless the Person or Persons removing such Action from any such inferior Court, with Two sufficient Sureties such as the Sheriff or other Officer of such inferior Court shall approve of, shall be bound unto the other Party Party in the said Action, by Recognizance, to be acknowledged before such Sheriff or other Officer of such inferior Court, in Double the Amount of the Debt or Damages mentioned in the Writ issued in such inferior Court, or in such other Sum as such Sheriff or other Officer of such inferior Court shall direct, to prosecute the said Writ of Pone loquelam or such other Writ with Effect, and also to satisfy and pay (if Judgment be given against the Person or Persons removing such Cause, or the Writ of Pone loquelam or other Writ be not proceeded in) all and singular the Debt, Damages, and Costs adjudged. to be entered into by the Party bringing a Writ of false Judgment. XXXIV. And be it enacted, That in all Cases the Person or Recognizance Persons in whose Name or Names any Writ of false Judgment or Supersedeas thereon shall be brought for the reversing of any Judgment in any inferior Court within the said County Palatine of Durham shall, with Two sufficient Sureties such as the said Court of Pleas shall approve of, within Six Days after the Return of any such Writ into the Court of Pleas at Durham, be bound unto the Party for whom such Judgment is given, by Recognizance, to be acknowledged before a Justice of the said Court of Pleas at Durham, in Treble the Sum adjudged to be recovered by the former Judgment, to prosecute the said Writ of false Judgment or Supersedeas with Effect, and also to satisfy (if the said Judgment shall be affirmed, or the Writ of false Judgment or Supersedeas be not proceeded in) all and singular the Debt, Damages, and Costs adjudged, and all Costs and Damages to be awarded for the delaying Execution; and in case such Recognizance shall not be acknowledged and entered into such Writ of false Judgment shall abate, and the Party to whom such Judgment is given, on delivering to the Sheriff or other Officer in such inferior Court a Certificate by the Prothonotary of the said Court of Pleas, or his Deputy, that such Recognizance has not been acknowledged and entered into, shall be entitled to Execution out of such inferior Court for the Sum adjudged to be recovered by such Judgment, and Costs of Action. awarded to the Cursitor of the ham. XXXV. And whereas it is expedient that due Provision should Compensation be made for the Compensation of the Cursitor of the County of 'Durham for the Losses he may sustain by the Reduction of or 'Abolition of his Fees by virtue or in consequence of this Act:' Be it therefore enacted, That from and after the Commencement of this Act there shall be issued, paid, and payable out of, and charged upon, the Consolidated Fund of the United Kingdom of Great Britain and Ireland, to the said Cursitor, free and clear of all Taxes and Deductions whatsoever, such Sums of Money, at such Times, by way of Annuity or otherwise, as, having regard to the Manner of his Appointment to such Office, and the Time and Duration thereof, and all the Circumstances of the Case, shall be adjudged and determined to be due to such Cursitor by any Commission to be appointed by Her Majesty or by virtue of any Act of Parliament for the Purpose of determining the Amount of the Compensation that ought to be due and payable in such Cases; and in the meantime and until such Compensation shall be awarded and determined in manner aforesaid, or the Time shall have elapsed that may be appointed for claiming the same, it shall be lawful for the Commissioners of Her Majesty's Treasury of the United King dom Cursitor not to receive Compensation unless he makes a Statement of the Fees received. Cases in which Compensation shall cease or be reduced. Commencement of Act. Act may be amended, &c. dom of Great Britain and Ireland, or any Three of them, to issue their Warrants for the Payment to such Cursitor as aforesaid, out of the said Consolidated Fund, of such half-yearly or quarterly Allowances as to the said Commissioners shall seem reasonable, both as to the Amount and Time of Payment, on account of such Compensation as may be thereafter awarded to the said Cursitor. XXXVI. Provided always, and be it enacted, That such Cursitor shall not be entitled to receive any such Compensation or Allowance as aforesaid unless he shall previously make a full and true Statement to the said Commissioners of Her Majesty's Treasury, to be verified on Oath before a Judge or Master Extraordinary in Chancery, if they shall think fit so to direct, of the Amount of the Salary, Fees, and Emoluments of such Office, and of the Disbursements and Outgoings of the same, for the Time they shall have held such Office, or for the Space of Ten Years before the passing of this Act, and the Amount of such Fees during such Period of Time as aforesaid as are to be abolished by this Act shall be set forth in such Statement; and that such Compensation or Allowances shall cease altogether or be reduced in Amount, as the Case may be, whenever the Party entitled to receive the same shall be placed in any other Public Office of which the Salary and Emoluments shall be equal to the Whole or to Part of such Compensation or Allowance, so that in such last-mentioned Case such Cursitor shall not be entitled to receive more of such Compensation or Allowance than shall be equal to the Difference between the full Amount thereof and the Amount of the Salary and Emoluments of the Office in which he may be hereafter placed. XXXVII. And be it enacted, That this Act shall commence and take effect on the Thirteenth Day of September One thousand eight hundred and thirty-nine. XXXVIII. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. SCHEDULE to which this Act refers. Victoria, &c. No. 1. Writ of Summons. To C.D. of, &c. in the County of Durham, greeting. We command you [or as before or often We have commanded you], That within Eight Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause an Appearance to be entered for you in Our Court of Pleas at Durham in an Action on Promises [or of Debt, &c., as the Case may be], at the Suit of A.B.; and take notice, that in default of your so doing the said A. B. may cause an Appearance to be entered for you, and proceed therein to Judgment and Execution. Witness the at Durham the Year of Our Reign. Day of in Memorandum to be subscribed on the Writ. N. B.-This Writ is to be served within Four Calendar Months from the Date hereof, including the Day of such Service. Indorsements Attorney for the Indorsements to be made on the Writ before Service thereof. This Writ was issued by E.F. of said A.B. or This Writ was issued in person by A.B., who resides at [mention the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of the Plaintiff's Residence, if any such]. The Plaintiff claims for Debt, and for Costs, and if the Amount thereof be paid to the Plaintiff or Attorney within Eight Days from the Service hereof, inclusive of the Day of such Service, further Proceedings will be stayed. of Indorsement to be made on the Writ after Service thereof. This Writ was served by me X. Y. on the One thousand eight hundred and thirty X.Y. Day [or To the Coroners of the County of Durham,] greeting. you, you We command That omit not, by reason of any Liberty in your Bailiwick, but that you enter the same, and distrain upon the Goods and Chattels of C.D. for the Sum of Forty Shillings, in order to compel his Appearance in Our Court of Pleas at Durham to answer A. B. in a Plea of Trespass on the Case [or of Debt, &c., as the Case may be], and how you shall execute this Our Writ you make known to Our Justices at Durham on the of Witness in the [instant or now next ensuing]. at Durham the Year of Our Reign. Day of Day Mr. C.D. Take notice, That I have this Day distrained upon your Goods and Chattels in the Sum of Forty Shillings, in consequence of your |