issued and until new Patents shall be made known in such Colonies. until a new Patent, Commission, or Warrant for the Administra- tinue in force tion of any such Government, or for the Exercise of any such Office, shall be issued by His Majesty, or on His Behalf or under His Authority, and until the issuing of any such new Patent, Commission, or Warrant shall be signified and made known within the Plantation, Colony, or Plantation Abroad to which the same may relate; and that all Acts and Deeds which shall in the meantime be done shall be as good, binding, valid, and effectual as if such Patent, Commission, or Warrant had not been vacated or made void, and as if such Office or Employment had not ceased and determined. II. And be it further enacted, That no Patent, Commission, Warrant, or other Authority for the Exercise of any Office or Employment, Civil or Military, within any of His Majesty's Plantations or Possessions Abroad, determinable at the Pleasure of His Majesty, or of any of His Majesty's Heirs and Successors, shall by reason of any future Demise of the Crown be vacated or become void until the Expiration of Eighteen Calendar Months next after any such Demise of the Crown as aforesaid. CAP. V. An Act to apply the Sum of One million eight hundred and § I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. THERE shall be applied, for the Service of the Year And to be placed as so much Cash in the Exchequer. Exchequer Bills made chargeable upon the growing Pro- The Bank may advance £1,850,000 on the Credit of this Monies coming into the Exchequer by c.1, ante, and There shall be issued and applied, 137,500 0 0 113,000 0 0 For Army Services; viz. For Army Extraordinaries. For Army Services from 25th to 31st For the Commissariat Department. in last Session. For Civil Contingencies. Extending the Period at which Patents shall become determinable at any future Demise of the Crown. CAP. VI. An Act to continue for the Term of Six Calendar Months WHEREAS, by the Law as it now stands, it is enacted and provided, no Patent or Grant of any Office or Employment, either Civil or Military, shall cease, determine, or be void by reason of the Death or Demise of any King or Queen of this Realm, but that every such Patent or Grant shall be, con'tinue, and remain in full force and virtue for the Space of Six • Months next after any such Death or Demise unless in the meantime superseded, determined, or made void by the next and immediate Successor to whom the Imperial Crown of this Realm is limited and appointed to go, remain, or descend: And whereas divers Commissions, Appointments, Grants, and Patents of Offices and Employments, Civil and Military, which were in force at the Time of the Decease of our late most Gra'cious Sovereign King George the Fourth, in the United Kingdom of Great Britain and Ireland, the Town of Berwick-uponTweed, the Islands of Jersey, Guernsey, Alderney, Sark, and Man, have not been superseded, determined, or made void by His present Majesty King William the Fourth; and it is expedient that such Commissions, Appointments, Grants, and Patents should be continued in force for the Time and in manner hereinafter mentioned;' 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 all and every Commissions, Appointments, Patents, and Grants, and Commission, Appointment, Patent, and Grant, of any Office or Employment, Civil or Military, which at the Time of the Death or Demise of His late Majesty King George the Fourth were or was in force and effect, and which have not been or shall not be superseded, determined, or made void by His present Majesty at any Time before the passing of this Act, shall be and continue and remain in full force and virtue for the Space of Six Calendar Months next after the passing of this Act, unless the same shall be respectively in the meantime superseded, determined, or made void by His present Majesty (whom God long preserve), or by any Successor of His said present Majesty to whom the Imperial Crown of this Realm is by Law limited or appointed to go, remain, or descend. All Grants, Patents, &c. Demise of His late Majesty shall remain in force for Six Months after this Act, unless previously superseded. САР. Writs may be made returnable on any Day to be named therein. 6 CAP. VII. An Act for the more speedy Judgment and Execution in Actions brought in His Majesty's Courts of Law at Westminster, and in the Court of Common Pleas of the County Palatine of Lancaster; and for amending the Law as to Judgment on a Cognovit actionem in Cases of Bankruptcy. [11th March 1831.] HEREAS the Judgment and Execution in Actions W in Courts of Law at are often delayed by reason of the Interval between the Terms :' Now, for the Prevention of such Delay, 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 any Writ of Inquiry of Damages to be issued in or by either of the said Courts, by whatever Form of Process the Action may have been commenced, may be made returnable and be returned on any Day certain, in Term or Vacation, to be named in such Writ, and such Writ shall be as valid and effectual as if the same had been returnable according to the Course of the Common Proceedings to Law; and thereupon at the Return thereof a Rule for Judgment may be given, Costs taxed, final Judgment signed, and Execution issued forthwith, unless the Sheriff or other Officer before whom the same may be executed shall certify under his Hand upon such Writ that Judgment ought not to be signed until the Defendant shall have had an Opportunity to apply to the Court to set aside the Execution of such Writ, or One of the Judges of the said Courts shall think fit to order the Judgment to be stayed until a Day to be named in such Order: Provided always, that in case the signing of Judgment on such Writ shall be postponed by reason of such Certificate or Order, or by the Choice of the Plaintiff, or otherwise, and Judgment shall be afterwards signed thereon, such Judgment shall be entered of Record as of the Day of the Return of such Writ, unless the Court shall otherwise direct. be had at the Return thereof. The Judge before whom any Action shall be tried may certify be fore the End of the Sittings or Assizes that Execution ought to issue forthwith; in which Case Judgment may be signed, and Execution issued. II. And be it further enacted, That in all Actions brought in either of the said Courts, by whatever Form of Process the same may be commenced, it shall be lawful for the Judge before whom any Issue joined in such Action shall be to be tried, in case the Plaintiff or Demandant therein shall become Nonsuit, or a Verdict shall be given for the Plaintiff or Demandant, Defendant or Tenant, to certify under his Hand, on the Back of the Record, at any Time before the End of the Sittings or Assizes, that in his Opinion Execution ought to issue in such Action forthwith, or at some Day to be named in such Certificate, and subject, or not, to any Condition or Qualification, and in case of a Verdict for the Plaintiff, then either for the Whole or for any Part of the Sum found by such Verdict; in all which Cases a Rule for Judgment may be given, Costs taxed, and Judgment signed forthwith, and Execution may be issued forthwith, or afterwards, according to the Terms of such Certificate, on any Day in Vacation or Term; and the Postea, with such Certificate as a Part thereof, shall and may may be entered of Record as of the Day on which the Judgment shall be signed, although the Writ of Distringas juratores or Habeas corpora juratorum may not be returnable until after such Day: Provided always, that it shall be lawful for the Party entitled to such Judgment to postpone the signing thereof. III. And be it further enacted, That every Judgment to be Entering and signed by virtue of this Act may be entered and recorded as the recording of Judgment of the Court wherein the Action shall be depending, Judgment. although the Court may not be sitting on the Day of the signing thereof; and every Execution issued by virtue of this Act shall Teste. and may bear Teste on the Day of issuing thereof; and such Judgment and Execution shall be as valid and effectual as if the same had been signed and recorded and issued according to the Course of the Common Law. Execution stayed, and new Trial granted. IV. Provided always, That notwithstanding any Judgment Judgment may signed or recorded, or Execution issued, by virtue of this Act, it be vacated, shall be lawful for the Court in which the Action shall have been brought to order such Judgment to be vacated, and Execution to be stayed or set aside, and to enter an Arrest of Judgment, or grant a new Trial or new Writ of Inquiry, as Justice may appear to require; and thereupon the Party affected by such Writ of Execution shall be restored to all that he may have lost thereby in such Manner as upon the Reversal of a Judgment by Writ of Error, or otherwise as the Court may think fit to direct. any Provision in V. Provided always, and be it further enacted, That nothing in Not to affect this Act contained shall be deemed to frustrate or make void Provision relating to the issuing of any Writ of Habere facias possessionem, contained in the Act passed in the First Year of the Reign of His present Majesty, intituled An Act for the more effectual Administration of Justice in England and Wales. as to Writs of Possession. VI. Provided always, and be it further enacted, That no Officer Limitation as of either of the said Courts shall, for the Purpose of taxing Costs to taxing on any Judgment to be signed by virtue of this Act, be compelled Costs. to attend at any Time between the last Day of August and the Twenty-first Day of October in any Year. 6 6 VII. And whereas by an Act passed in the Sixth Year of the Reign of His late Majesty King George the Fourth, intituled An Act to amend the Laws relating to Bankrupts, it is provided, that no Creditor, though for a valuable Consideration, who shall sue out Execution upon any Judgment obtained by Default, Confession, or Nil dicit, shall avail himself of such Execution to the Prejudice of other fair Creditors, but shall be paid rateable with such Creditors: And whereas, by reason of such Provision, Plaintiffs have been and may be deterred from accepting a Cognovit actionem, with Stay of Execution, whereby the Expence of further Proceedings in such Action might have 'been and may be saved or diminished;' For Remedy thereof be it enacted, That no Judgment signed or Execution issued after the passing of this Act on a Cognovit actionem signed after Declaration filed or delivered, or Judgment by Default, Confession, or Nihil dicit, according to the Practice of the Court, in any Action commenced adversely, and not by Collusion for the Purpose of fraudulent Preference, shall be deemed or taken to be within the said Provision of the said recited Act. VIII. And No Judgment signed or Exe. cution issued on a Cognovit signed after Declaration filed shall be deemed within the Provision of 6 G. 4. c. 16. |