Lists of un. claimed Suitors Money to be made out and put up in the Court. All Suitors Money paid into Court and unclaimed for Six Years, to go into the Court Fund. Power to re move Suits exceeding 107. into Superior Courts. Power to execute Warrants and levy Executions out of Jurisdiction. give Evidence, and who shall refuse to be sworn and give Evidence, shall forfeit and pay such Fine not exceeding Five Pounds as the Commissioner or Judge shall set on him, and Payment of such Fine shall be enforced in like Manner as Payment of any Debt recovered by Judgment of any Court of competent Jurisdiction; and the whole or any Part of such Fine in the Discretion of the Judge, after deducting the Costs, shall be applicable toward indemnifying the Party injured by such Refusal or Neglect, and the Remainder thereof shall be applicable to the Expences of the Court in which the Fine was imposed. XIX. And be it enacted, That the Clerk or Clerks of every such Court shall in the Month of March in each Year make out a correct List of all Sums of Money belonging to Suitors in the Court which shall have been paid into Court, and which shall have remained unclaimed for the Space of Twelve Calendar Months before the First Day of the Month of January, specifying the Names of the Parties for whom or on whose Account the same were so paid into Court; and a Copy of such List shall be put up and remain during Court Hours in some conspicuous Part of the Court House, and at all Times in the Clerk's Office. XX. And be it enacted, That all Sums of Money which shall have been paid into any such Court to the Use of any Suitor or Suitors thereof, and which shall have remained unclaimed for the Period of Six Years before the passing of this Act, and which are now in the Hands of any Commissioner, Trustee, Judge, or Officer of such Court, or otherwise held in trust for such Suitors, and all further Sums of Money which shall hereafter be paid into any such Court to the Use of any Suitor or Suitors thereof, shall, if unclaimed for the Period of Six Years after the same shall have been so paid into Court, vest in and belong to the Judge or Judge and Commissioners of such Court for the Time being, in trust for the general Purposes of such Court, and shall form a General Fund for the Payment of all Debts due on behalf of the Court, and the necessary Expences of holding or carrying on the Business of such Court. XXI. And be it enacted, That any Suit to be instituted in any such Court, wherein the Claim or Demand shall exceed the Sum of Ten Pounds shall be removable by Certiorari or otherwise into any of Her Majesty's Superior Courts of Common Law at Westminster, or into the Court of Common Pleas at Lancaster by Leave of a Judge of any one of the said Courts, and upon such Terms as he shall order. XXII. And be it enacted, That in all Cases where final Judg ment shall have been obtained in any such Court, and a Warrant or Execution shall have issued against the Goods and Chattels of the Defendant, or an Order for his Commitment shall have been made, under this Act, and the Defendant, or his Goods and Chattels, shall be out of the Jurisdiction of such Court, it shall be lawful for the Officer charged with such Warrant, Execution, or Order of Commitment to apply to any Justice of the Peace acting for any County, Division, or Place in which the Defendant, or his Goods and Chattels, shall then be, upon Proof being made upon Oath (which Oath such Justice shall be empowered to administer) that the Person or Goods and Chattels of such Defendant is or are believed to be within the County, Division, or Place where such Justice of the Peace shall act, such Justice of the Peace shall sign or endorse his Name upon the said Warrant, Execution, or Order of Commitment, and thereupon the said Officer charged therewith shall take and seize the Person or the Goods and Chattels of the Defendant, wheresoever the same shall be found within the County, Division, or Place for which such Justice of the Peace shall act, and all Constables and other Peace Officers shall be aiding and assisting within their respective Districts in the Execution of the said Warrants, Executions, or Orders. this Act. XXIII. And be it declared and enacted, That all the Enact- Powers of ments of the said Act of the last Session of Parliament, and of 7&8 Vict. c. 96. the several Acts under which the said several Courts are now applicable to held or constituted, shall within their several Districts be deemed to apply to every Proceeding under this Act, so far as the same are applicable, and not repugnant to the Provisions of this Act. XXIV. And be it enacted, That in the Construction of this Act Interpretation the Word "Judge" shall be construed to include every Person, of Terms in the Act. being either a Barrister at Law or a Special Pleader, or an Attorney of one of Her Majesty's Superior Courts of Common Law at Westminster who shall have practised as an Attorney for at least Ten Years in one of Her Majesty's Superior Courts of Common Law at Westminster who, according to the Constitution of the Court, presides in any such Court as aforesaid, or acts as Judge or Assessor therein, whether by the Title of Judge, or Barrister, or County Clerk, Assessor, or Steward or Deputy Steward, or by any other Style or Title whatsoever; and the Word "Person" shall include a Body Corporate; and every Word importing the Singular Number or Masculine Gender shall include also several Persons or Things, and Females as well as Males, unless the Context shall require another Construction. XXV. And be it enacted, That this Act shall apply only to Application of England. SCHEDULES to which this Act refers. Act. SCHEDULE (A.) ], on the Day of You are hereby required to appear before [set forth the Court's Style] at [ next, to answer such Questions as may be put to you touching the not having paid to A. B. of [ £ [ the Sum of ] recovered in a certain Judgment [or Order] of [set forth the Style or other sufficient Description of the Court that gave the Judgment or made the Order]. |