Appointment of Deputy Registrars, &c. As to the Appointment of Clerks of Seats. Additional Court Day may be appointed, and Orders made for expediting Causes. having been approved and confirmed by the Lord Bishop of London, when they relate to the said Consistory Court and Commissary Court, or either of them, shall be entered or enrolled in the Public Books or Records of the Courts to which they shall relate respectively, and shall from the Time of such Entry or Enrolment be in full Force with respect to such Officers, Clerks, and Ministers respectively, and binding upon them and each of them. VII. And be it further enacted, That from and after the passing of this Act no Person shall be appointed to the Office of Deputy Registrar, Entering Clerk, Record Keeper, Clerk of the Seats, or Examiner in any of the said several Courts respectively, unless the Appointment of such Person to such Office shall be previously approved by the Judges for the Time being of the said several Courts respectively, and confirmed by the Archbishop of Canterbury or Bishop of London, as such Appointment may relate to the respective Courts of such Archbishop or Bishop, such Approbation and Confirmation to be signified in Writing, and to be registered. VIII. And be it enacted, That no Person shall be hereafter appointed Clerk of a Seat in the Office of the said Prerogative Court unless he be a Notary Public, and have duly served a Clerkship of Seven Years to a Proctor practising as such in One of the said Courts; and such Clerk of a Seat shall execute his Duties in Person, except when prevented by reasonable Cause; and when so prevented, he shall procure the Assistance of some other Notary Public, to be approved by the Judge: Provided always, that nothing herein contained shall extend or apply to any Clerk of a Seat in the Office of the Prerogative Court, duly ap pointed thereto before or at the Time of passing this Act. IX. And Whereas Delay in the Progress of Causes in the said 'several Courts, and in the High Court of Delegates, is occasioned by some of the present Rules of Practice, and particularly by Rules respecting Causes proceeding in pœnam contumacia, where the Parties cited do not appear;' Be it therefore enacted, That it shall and may be lawful for the Judges for the Time being of the said Court of Arches, Prerogative Court, Court of Peculiars, Consistory Court, and Commissary Court respectively, from Time to Time to appoint new and additional Court Days for the Transaction of Business in their several Courts respectively; which new and additional Court Days shall, from and after the Appointment thereof as aforesaid, be regular Court Days for the Transaction of Business, to all Intents and Purposes; and to make Orders of Court for expediting and regulating the Proceedings in their several Courts, and to cause the said Orders to be entered or enrolled in the Public Books or Records of the several Courts to which they respectively relate, and which, when so entered, shall, until altered or revoked by the same Authority, be observed by such Courts respectively; and all such Orders for the expediting or regulating the Proceedings in any Causes, as far as the same are applicable to Cases of Appeal, shall be submitted to the Consideration of the Lord High Chancellor or Keeper of the Great Seal for the Time being, who may direct the same and any further Order or Orders to be observed as Rules of Practice by the said High Court of Delegates in all Causes to which such Rules and Orders Orders respectively may relate or be applicable; and which Orders, when approved by the Lord Chancellor or Lord Keeper for the Time being, shall be entered as Rules of Practice in the Register Books of the said Court of Delegates, and be observed as such by the same Court accordingly, until altered or revoked by competent Authority. X. And Whereas great and unnecessary Inconvenience and Holiday Delay are occasioned by the numerous Holidays now kept in the 'Office of the said Prerogative Court;' Be it therefore enacted, That from and after the passing of this Act no Holidays shall be kept in the Office of the said Prerogative Court except such as are observed as Holidays at His Majesty's Head Office of Stamps in London. pas XI. And Whereas great Inconvenience arises from the said Court of Peculiars being held in the Vestry Room of Bow Church;' Be it therefore enacted, That from and after the sing of this Act the said Court of Peculiars shall and may be held in the Common Hall or Place of Judicature in Doctors Commons; and that all Process from and out of the said Court of Peculiars shall be returnable at such Place in Doctors Commons; and all the Business of the said Court of Peculiars shall be done and transacted in the said Place as fully and effectually, to all Intents and Purposes whatsoever, as if the same had been done and transacted in the said Vestry Room of Bow Church; any Usage to the contrary notwithstanding. XII. And Whereas great Inconvenience arises from the ceasing of the Functions of the Judges and other Officers, and the Suspension of Business in the several Courts of the Lord Arch. bishop of Canterbury and of the Bishop of London respectively, upon any Vacancy of their respective Sees;' Be it therefore enacted, That upon any Vacancy of the respective Sees of Canterbury and London, after the passing of this Act, the Judges and Officers for the Time being of the several Courts of the said Lord Archbishop of Canterbury and Bishop of London respectively shall during such Vacancy, and until the issuing of new Commissions in that Behalf, respectively continue to hold their respective Offices; and all Business in the several Offices of such Courts respectively shall be transacted and carried on during such Vacancy, and shall be as valid and effectual, to all Intents and Purposes, as if no such Vacancy had occurred. XIII. And be it further enacted, That upon the Death of any of the Judges of the said several Courts, the Surrogates and other Officers of the said several Courts appointed by such Judges respectively shall continue to exercise their respective Offices until a new Appointment shall be made by the Persons having competent Authority so to do. CAP. LIV. An Act for directing Reports to be made respecting Gaols in WHEREAS the Gaols in Scotland are in general insecure and incommodious, and it is necessary that sufficient Gaols should be there erected and maintained: And Whereas it is ex'pedient pedient that satisfactory Information should be obtained from the Magistrates of Royal Burghs, and from the Justices of Peace in Scotland, in regard to the best Mode of improving the same;' 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 the Magistrates of every Royal Burgh of Scotland shall respectively prepare and transmit to One of His Majesty's Secretaries of State, on or before the Fifteenth Day of November next after the passing of this Act, 15th November a Report, setting forth the present State of the Gaol of which they respectively have Charge, in point of Accommodation, Security, and Repair; and in particular to say, Magistrates of next. First: What Number of Apartments such Gaol consists of; how Fourth: What Classification of Prisoners the Gaol admits of; whe Fifth: Whether any Airing Grounds are attached to the Gaol, and Sixth: The Number of Persons employed as Keepers and Under Seventh The Period when such Gaol was erected, and when it last received any material Addition, and of what Description and Extent such Addition was. Eighth By whom, at whose Expence, and whether by any and what Act of Parliament, such Gaol was erected or enlarged, and by whom it is maintained. Ninth: Whether such Gaol is sufficient for its proper Purposes, in point of Size, Accommodation, Security, and Repair; and if insufficient, in which of such Respects. Tenth : Tenth: If such Gaol be insufficient in any of the said Respects, how far it may appear that it requires to be rebuilt, or to be enlarged, and to what Extent; and how far the present Site admits of such rebuilding or Enlargement, including Airing Ground. Eleventh Any additional Observations which may be deemed important. Provided also, that the said Report shall set forth the Measures which may be considered the most proper to be adopted for remedying the Defects which may be so found to exist, and for establishing suitable Gaol Accommodation in the County within which such Burgh may be situated, together with the Mode in which the Expence attending the same ought reasonably to be defrayed, and if by more Parties than One, in what Proportion such Parties ought respectively to contribute. II. And be it enacted, That a Meeting of the Justices of the Peace of every County of Scotland shall be held in the Head Burgh thereof on the Twenty-eighth Day of August next after the passing of this Act, or where there is no Head Burgh in any such County, at the Place where the Michaelmas Head Court of Freeholders usually meets, for the Purpose of taking into Consideration the State of the several Gaols situated in each County respectively. III. And be it enacted, That no Person shall be entitled to have a Voice or Vote in this or any other Meeting of Justices of the Peace of every County, to be held under this Act, who shall not at the Time be possessed of the Dominium utile of Lands situated in such County valued at not less than One hundred Pounds Scots of valued Rent, excepting only the Sheriff Depute of the County, and in his Absence the Principal Sheriff Substitute thereof; any of whom, if County Justices, shall be entitled to act as Justices of the Peace under this Act, although they may not be possessed of the said Qualification: Provided always, that in the County of Sutherland any Justice of the Peace who shall be a proper Wadsetter of Lands in the said County valued at not less than One hundred Pounds Scots of valued Rent shall be entitled to act as a Justice under this Act. IV. And be it enacted, That it shall and may be lawful for the Justices at the said Meeting, and they are hereby required, to appoint a Committee or Committees of their Number to inspect the said Gaols, and to report to an adjourned Meeting of the said Justices, to be held at such Time and Place as the said Justices may then fix upon, in regard to the present State of such Gaols in point of Accommodation, Security, and Repair, as to all and each of the several Particulars in respect to which the Magistrates of Royal Burghs are by the Provisions of this Act as aforesaid required to report. thereto. V. And be it enacted, That the Keepers of Gaols shall give free who shall have Access thereto to the Members of such Committees, and shall free Access exhibit to them all Records and other Documents relative to such Gaols, and otherwise afford to them every Information touching the same in their Power. VI. And be it enacted, That the said Committees shall and Committees to they are hereby required forthwith to prepare a Report setting forth the Result of such Enquiry, and to present the same to such adjourned report to adjourned Meet ings of Justices, the same into Consideration. who shall take adjourned Meeting of the said Justices, who are hereby required to take the same into Consideration, and either then or at a subsequent adjourned Meeting to prepare a General Report, comprehending the Particulars so reported from their Committees, and setting forth the Measures most proper to be adopted for remedying the Defects which may be found to exist in such Gaols, and for establishing suitable Gaol Accommodation in the County, together with the Mode in which it shall appear to such Justices that the Expence attending the same ought reasonably to be defrayed, and if by more Parties than One, in what Proportions such Parties ought respectively to contribute. Reports to be Advocate for Contents of Reports to the Secretary of State. Joint Reports may be made by Burghs and Counties. 6 G.4. c.24. VII. And be it enacted, That the said Justices shall and they are hereby required to transmit such Report to One of His Majesty's Secretaries of State on or before the Fifteenth Day of November next after the passing of this Act, and shall cause a Copy thereof to be transmitted to His Majesty's Advocate for Scotland; and the Magistrates of Royal Burghs shall in like Manner cause a Copy of the Reports to.be furnished by them as aforesaid to be transmitted to His Majesty's Advocate for Scotland. VIII. And be it enacted, That the said Reports, so to be transmitted to the Secretary of State, shall also set forth the Mode in which Aliment is in use to be provided for Prisoners in such Gaols, distinguishing Civil Debtors from such Persons as are confined under Revenue Statutes, and Prisoners under Criminal Warrants before Conviction from those subsequent to Conviction; and the said Report shall also set forth any Changes in regard to the Mode of providing such Aliment which may have taken Place, specifying at what Date such Change took Place, and what may have been the Nature of the same, and further, in what Way and at whose Expence it shall appear reasonable to the said Magistrates of Burghs and Justices of the Peace respectively that such Aliment should in future be provided, and if by more Parties than One, in what Proportions such Parties ought respectively to contribute. IX. And be it enacted, That it shall be held and taken to be a sufficient Compliance with the Provisions of this Act, that a Report in Terms thereof be furnished by the Magistrates of the Burghs and the Justices of the Peace for any County jointly, where these Parties may mutually agree as to the Tenour of the same. CAP. LV. An Act for the more effectual Recovery of Small Debts, and for diminishing the Expences of Litigation in Causes of small Amount, in the Sheriff Courts in Scotland. [19th June 1829.] WHEREAS an Act was made in the Sixth Year of the Reign of His present Majesty, intituled An Act for the more easy Recovery of Small Debts in the Sheriff Courts in Scotland, the • Provisions of which have been found beneficial; but Experience has pointed out certain Alterations by which its Benefits will be extended and rendered more effectual, and it is expedient that such Alterations and the former Provisions should be consolid⚫ated in One Act: May it therefore please Your Majesty that it |