tracts, &c., repealed. Treasury, and subject to such Regulations as they may require to that Clerks be enforced, shall make all necessary Contracts or otherwise pro- shall make all vide for repairing and furnishing, and for cleaning, lighting, and necessary Conwarming, the Court House and Offices of such Court, and for supplying the said Court and Offices with Law and Office Books and Stationery, and for defraying all other necessary Expenses not otherwise provided for incident to the holding of the said Court, and as provides that no Payment for any Charge shall be allowed in the Clerk's Accounts until allowed under the Hand of the Judge, shall be repealed; and it shall be lawful for the Com- Treasury to missioners of Her Majesty's Treasury to provide for the several provide for, and Purposes and for defraying the several Expenses aforesaid in defray the Exsuch Manner, and by the Agency of such Officers of the Court, or otherwise, as to them shall seem fit. IX. And be it enacted, That it shall be lawful for the Commissioners of Her Majesty's Treasury, if they shall think fit, to direct that the whole or Part of the Expenses incurred or to be incurred in the Performance of the Duties required by the Act passed in the Eleventh Year of Her Majesty's Reign, intituled An Act to abolish the Court of Review in Bankruptcy, and to make Alterations in the Jurisdiction in the Courts of Bankruptcy, and Court for Relief of Insolvent Debtors, to be performed by the Officers of the Courts established by the said Act of the Tenth Year of Her Majesty, shall be paid out of "The General Fund" of such respective Courts, and that the Surplus for the Time being of the General Fund of each such Court, after defraying the Expenses of such respective Court, shall be applicable, under the Directions of the said Commissioners of the Treasury, to the Payment of the Expenses of any other of the said Courts of which the General Fund may be insufficient for that Purpose. penses. Providing for 10 & 11 Vict. of any Court to other Courts,&c. Brokers. X. And be it enacted, That it shall be lawful for the Judge of Judge may any Court holden under the said Act of the Tenth Year of Her authorize BaiMajesty, by any Writing under his Hand, to authorize any of liffs to act as the Bailiffs appointed by the High Bailiff under the said Act to act as Brokers or Appraisers for the Purpose of selling or valuing any Goods, Chattels, or Effects taken in Execution under the said Act; and the Bailiffs so authorized by the Judge may, without other Licence in this Behalf, do and perform all the Duties and shall be entitled to the Poundage which Sworn Brokers or Appraisers may now do and perform and are entitled to under the said Act. XI. And be it enacted, That so much of the said Act of the Tenth Year of Her Majesty as requires that Notice of the Intention of Her Majesty to take into consideration the Propriety of making any Order in Council for the Purposes of the said Act shall be published in the London Gazette One Calendar Month at least before any such Order shall be made, shall be repealed. XII. And be it enacted, That it shall be lawful for the Lord Chancellor to appoint and authorize Five of the Judges of the Courts holden under the said Act of the Tenth Year of Her Majesty to frame such General Rules and Orders as to them shall seem expedient for and concerning the Practice and Proceedings of the Courts holden under the said Act, and for the Execution of the Process of such Courts, and in relation to any of the Provisions So much of 9&10 Vict. c. 95. as requires Notice of Order in Council repealed. Lord Chancellor may authorize Five Judges of County Courts to make General Rules, such Rules to be approved by Judges of the Superior Courts, and laid before Parliament. No Action or Suit to be brought in the Marshalsea, &c. Court after passing of this Act. Powers of Marshalsea and Palace and Peveril Courts to cease on 31st Dec. 1849, and Actions and Suits then depending to be transferred to the Court of Common Pleas or the County Court, as the Case may require. Provisions of the said Act as to which there may have arisen Doubts or have been conflicting Decisions in the said Courts; and all such Rules and Orders as aforesaid as shall be certified to the Lord Chancellor, under the Hands of the Judges so appointed or authorized, or any Three of them, shall be submitted by the Lord Chancellor to Three or more of the Judges of the Superior Courts of Common Law at Westminster, of whom the Chief Justice of the Court of Queen's Bench or Common Pleas or the Chief Baron of the Court of Exchequer shall be one; and such Judges of the Superior Courts may approve or disallow, or alter or amend, such Rules and Orders, or any of them; and such of the Rules as shall be so approved by such Judges of the Superior Courts shall forthwith after the Approval thereof be laid before both Houses of Parliament, if Parliament be then sitting, or if Parliament be not sitting, then within Five Days after the next Meeting thereof; and no such Rule or Order shall have Effect until Six Weeks after the same shall have been so laid before both Houses of Parliament; and any Rule or Order so approved shall from and after the Expiration of such Time as last aforesaid be of the same Force and Effect as if the same had been enacted by Authority of Parliament. XIII. And whereas it is expedient to abolish the Court of 'the Marshalsea of Household of the Kings of England, and the 'Court of our Lady the Queen of the Palace of the Queen at ، Westminster, and Her Majesty's Court of Record for the Honour of Peveril and additional Limits of the same:' Be it enacted, That from and after the passing of this Act no Action or Suit shall be commenced in any of the said Courts. XIV. And be it enacted, That from and after the Thirty-first Day of December One thousand eight hundred and forty-nine all the Power, Authority, and Jurisdiction of the said Court of the Marshalsea, and of the said Court of the Palace of the Queen at Westminster, and of the said Court for the Honour of Peveril and additional Limits of the same, and of the Judges of the said Courts respectively, shall cease and determine, and that all Actions and Suits then depending in the said Courts respectively shall be transferred, with all the Proceedings thereon, to Her Majesty's Court of Common Pleas at Westminster, if the Debt or Damages sought to be recovered in such Actions or Suits respectively shall exceed the Sum of Twenty Pounds, and to the County Court for the District in which the respective Defendants shall then reside, if the Debt or Damages sought to be recovered in such Actions or Suits respectively shall not exceed the Sum of Twenty Pounds; and such Actions and Suits so transferred shall be dealt with and decided according to the Practice of those Courts respectively, or of the Court whence the same shall be transferred, according to the Discretion of the Court to which the same shall be transferred, which Court shall, for the Purpose of such Actions or Suits only, be deemed and taken to have all the Power and Jurisdiction to all Intents and Purposes possessed before the passing of this Act by the Court whence such Action or Suit shall be transferred. Judgments of XV. Provided always, and be it enacted, That all Judgments abolished Courts obtained in any of the Courts hereby abolished on or before the Thirty Thirty-first Day of December One thousand eight hundred and on or before forty-nine shall, notwithstanding the passing of this Act, be as 31st Dec. 1849 valid and effectual, and as capable of being enforced by the Pro- valid. cess of the Court in which such Judgments shall respectively have been obtained, as if this Act had not been passed. XVI. And be it enacted, That the Records, Muniments, and Writings of the several Courts abolished by this Act shall, as soon as conveniently may be after the Thirty-first Day of December One thousand eight hundred and forty-nine, be placed under the Charge and Superintendence of the Master of the Rolls for the Time being, to be deposited and kept in such Place or Places as the said Master of the Rolls shall direct; and such Records, Muniments, and Writings shall thenceforth be deemed to be in the Custody of the Master of the Rolls under the Authority of an Act passed in the Second Year of Her Majesty, intituled An Act for keeping safely the Public Records; and, until such Records, Muniments, and Writings shall be so placed under the Charge and Superintendence of the said Master of the Rolls as aforesaid, the same shall be respectively kept by the same Persons and in the same Places as before the passing of this Act. Records of abolished Courts to be Courts. XVII. And be it enacted, That every Person who is legally Compensation entitled to any Franchise or Office in any of the Courts abolished to Officers of by this Act shall be entitled to make a Claim for Compensation abolished to the Commissioners of Her Majesty's Treasury within Six Calendar Months after the passing of this Act, and it shall be lawful for the said Commissioners, in such Manner as they shall think fit, to inquire what was the Nature of the Office, and what was the Tenure thereof, and what were the lawful Fees and Emoluments in respect of which such Compensation should be allowed; but any Increase of such Fees or Emoluments which shall have happened after the passing of the said Act of the Tenth Year of Her Majesty shall not be taken into account in estimating the Amount of such Compensation; and the Commissioners in each Case shall award such gross or yearly Sum, and for such Time as they shall think just, to be awarded, upon Consideration of the special Circumstances of each Case; and all such Compensations shall be paid out of the Consolidated Fund, of the United Kingdom of Great Britain and Ireland: Provided always, that if any Person holding any Office in any of the said Courts shall be appointed after the passing of this Act to any public Office or Employment, the Payment of the Compensation awarded to him under this Act, so long as he shall continue to receive the Salary or Emoluments of such Office or Employment, shall be suspended, if the Amount of such Salary or Emoluments be greater than the Amount of such Compensation, or, if not, shall be diminished by the Amount of such Salary or Emoluments. XVIII. And be it enacted, That no Privilege shall be allowed Attornies, &c. to any Attorney, Solicitor, or other Person, to exempt him from not exempt from the Provisions of this Act or the said Act for the more easy Recovery of Small Debts and Demands in England. this Act. XIX. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, &c. 12 & 13 VICT. LI САР. CA P. CII. 11 & 12 Vict. c. 110. Certain Provisions of 11 & 12 Vict. c. 110. con. tinued for a limited Time. An Act to authorize the Sale of the Royal Pavilion at CA P. CIII. An Act to continue an Act of the last Session of Parlia ment, for charging the Maintenance of certain poor Persons in Unions upon the Common Fund; and to make certain Amendments in the Laws for the Relief of the Poor. [1st August 1849.] WHEREAS by an Act passed in the Twelfth Year of the Reign of Her present Majesty, intituled An Act to alter the Provisions relating to the Charges for the Relief of the 'Poor in Unions, Provisions were made whereby the Costs of the Relief and the Expenses of the Burial of certain poor Persons 'therein described are made chargeable upon the Common Fund of the Union until the Thirtieth Day of September in the present Year; and it is expedient that such Term should be extended, and that various Amendments should be made in the Laws relating to the Relief of the Poor:' 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 same, That the Provisions in the said Act regarding the Charge of such Costs and Expenses upon the Common Fund, which Provisions would unless continued by Parliament, expire on the Thirtieth Day of September next, shall be continued in full Force until the Thirtieth Day of September One thousand eight hundred and fifty and to the End of the then next Session of Parliament. Who may be II. And be it enacted, That the Term "destitute Foundling deemed a desti- contained in the said Act shall extend to any destitute Child tute Foundling. under the Age of Twelve Years who shall be deserted by both Parents or by its surviving Parent, and who shall not be in the Care or Custody of some Relative, Guardian, or Friend, and whose Settlement shall not be known. within the Pro. visions of III. And be it enacted, That the Chargeability of any Person Persons chargeable to Common to the Common Fund of a Union shall have the same Effect and Fund brought shall be attended with the same Consequences as the Chargeability of any poor Person to a Parish in respect of Proceedings to be taken under the Act of the Fifth Year of the Reign of His late Majesty George the Fourth, intituled An Act for the Frevention of Vagrancy, or under the Statutes for the Removal from England of poor Persons born in Scotland or Ireland, or in the Isle of Man, or Scilly, Jersey, or Guernsey, or under the Statutes for the Removal of Lunatic Paupers to Asylums, or under any Statute against unlawfully causing or procuring the Removal of any poor Person. Removal of a Asylum or of a IV. And be it enacted, That the Removal of any Lunatic Pauper to an Asylum, licensed House, or registered Hospital, under the Authority of the Statutes in that Behalf, or of any Pauper, of the Resi Pauper, otherwise than under an Order of Removal from his Place Workhouse not of Abode in any Parish of a Union to the Workhouse of such to be deemed Union, shall not be deemed to be an Interruption of the Residence an Interruption of such Pauper within the Meaning of the Statute of the Tenth dence, but the Year of the Reign of Her Majesty, intituled An Act to amend the Time to be Laws relating to the Removal of the Poor, but the Time spent in excluded from such Lunatic Asylum, licensed House, or registered Hospital or Computation. Workhouse respectively, and the Time during which any Person shall be relieved at the Charge of the Common Fund of the Union, shall be wholly excluded from the Computation of the Time of Residence which, according to the Provisions of such Statute, will exempt a poor Person from being removed. able to be borne by the Common Fund. V. And be it enacted, That all the Costs and Expenses incurred The Costs of or hereafter to be incurred, since the Twenty-fifth Day of March Lunatic Poor last in and about the obtaining any Order of Justices for the being irremovRemoval and Maintenance of a Lunatic Pauper who shall have been or shall be removed under any such Order to any Asylum, licensed House, or registered Hospital, and who, if not a Lunatic, would have been exempt from Removal by reason of some Provision in the said last-recited Act of the Tenth Year of the Reign of Her Majesty, shall, until the Time when the Provisions herein. before contained shall cease, be borne by the Common Fund of the Union comprising the Parish wherein such Pauper Lunatic was resident at the Time when such Lunatic Pauper was so removed to such Asylum, licensed House, or registered Hospital, notwithstanding the Order for the Payment thereof shall have been made upon the Overseers of such Parish, or the Parish of the Settlement, or upon the Treasurer or Guardians of the Union in which either Parish shall be comprised. No Person to be appointed Overseer who is interested in certain Con VI. And be it enacted, That no Person shall be qualified to be appointed to be an Overseer of the Poor in any Parish who at the Time of the proposed Appointment shall be engaged or directly or indirectly concerned in any Contract for the Supply of Goods, Wares, Materials, or Provisions for the Workhouse, or tracts. for the Relief of the Poor in such Parish or in the Union comprising such Parish: Provided always, that no Rate or Assessment made, nor any other Act or Thing done, by such Person as Overseer, nor the Service of any Notice, Demand, Order, or Process upon him as such, shall, if in other respects legal and sufficient, be deemed invalid by reason only of such Disqualification, VII. And be it enacted, That where the Guardians of any Recovery of Union or Parish shall make any Order for the Payment of Money, Contributions upon Overseers or other Officers of any Parish upon whom they when Copy of are empowered by Law to make it, and a Copy of such Order shall be served upon any one of such Overseers or other Officers, it shall be lawful for the said Guardians to enforce such Order against the Person so served as fully and as effectually as if a Copy thereof had been also served upon every one of such Overseers or other Officers. the Order served upon One Overseer. VIII. And be it enacted, That when any Auditor shall die, On Vacancy in resign, or be removed, or become incompetent to act, at any Time the Office of when the Audit of the Accounts of the Parishes or Unions within Auditor, Poor his District shall not be completed, the Poor Law Board may, by Order under their Seal, appoint temporarily some other Person Law Board to appoint a temporary Auditor |