Search Legislation

Judgments Act 1838

Status:

This is the original version (as it was originally enacted).

CVIManner of proceeding when the Hearing takes place before Commissioners on Circuit or Justices in Wales.

And be it enacted, That when an Order has issued for any such Prisoner to be brought up to be dealt with according to this Act, at any Place other than in Middlesex, Surrey, London, and Southwark aforesaid, such Prisoner shall, within Ten Days after such Order issued, or on such earlier Day as shall be named in such Order, cause the Duplicate of such Petition, if any Petition shall have been presented by such Prisoner, and the Duplicate of such Schedule, and all Books, Papers, and Writings relating thereto in his or her Possession or Power, to be lodged with the Clerk of the Peace of the County, or County of a City or Town, or of the Town of Berwick-upon-Tweed, where he or she shall be in Custody, or with the Deputy of the said Clerk of the Peace, to be approved of by the said Court, and such Prisoner shall be subject to such Order as the said Court shall make to enforce Compliance with the Directions of this Act in this Behalf; and that the said Clerk of the Peace, or his said Deputy, shall, on the reasonable Request of such Prisoner, or of any Creditor or Creditors of such Prisoner, or of his, her, or their Attorney, produce and show to him, her, or them such Petition and Schedule, and such Books, Papers, and Writings, and permit him, her, or them to inspect and examine the same, and may and shall receive the Fee of One Shilling from each and every Creditor, or his or her Attorney, at each Time of his, her, or their so requesting and having the Production of the same or any Part thereof; and that such Clerk of the Peace or his said Deputy shall provide for any such Creditor or Creditors, or his, her, or their Attorney requesting the same, a Copy or Copies of such Petition and Schedule, or of such Part thereof as shall be so required; and that such Clerk of the Peace, or his said Deputy, shall be entitled to receive Four-pence for every Sheet so copied, containing Seventy-two Words, and no more, unless the same shall be the last or only Sheet, in which Case he shall be entitled to Four-pence for such last or only Sheet although it does not contain Seventy-two Words ; and that every such Duplicate as aforesaid, and all the said Books, Papers, and Writings, shall be brought to the Place of such Hearing, and produced at such Hearing by the said Clerk of the Peace or his said Deputy, who shall and is hereby required to attend at the Hearing of every such Prisoner, with proper Officers to preserve Order in the Court House or other Place of such Hearing; and where any such County shall be within the Circuit of one of the said Commissioners, then such Clerk of the Peace or his said Deputy shall and may act as Clerk to such Commissioner, to assist him in the Performance of his several Duties under this Act; and in all such Cases, both before such Commissioner and before such Justices as aforesaid, the said Clerk of the Peace, or his said Deputy, shall, in consideration and recompence of and for his Trouble in this Behalf, be entitled to receive from every such Prisoner so brought up for Hearing as aforesaid the Sum of Five Shillings, which shall be paid previously to the bringing up such Prisoner for Hearing as aforesaid: Provided always, that if it shall at any Time appear to the said Court that it is expedient that the Duplicates of the Petitions and Schedules of Prisoners confined in the Gaol of any City, Borough, Town, or Place at which the Commissioners of the said Court shall give Attendance on their Circuits, so made as aforesaid, should be lodged with the Town Clerk or other Officer of such City, Borough, Town, or Place, and that the Duties herein-before required of such Clerk of the Peace should be performed at such City, Borough, Town, or Place, by such Town Clerk or other Officer of the same, it shall be lawful for the said Court in any such Case to order that the Duplicates of the Petitions and Schedules last aforesaid, and all such Books, Papers and Writings as aforesaid, shall be lodged with such Town Clerk or other Officer, instead of such Clerk of the Peace as aforesaid, and that all Duties herein-before required of such Clerk of the Peace in respect of the same shall be performed by such Town Clerk of other Officer, instead of such Clerk of the Peace, and that the said Town Clerk or other Officer shall there-upon do and perform all the Duties aforesaid at such City, Borough, Town, or Place in the Matters of all Prisoners confined in the Gaol thereof, and shall be entitled to receive the same Fees and Payments in respect thereof as are herein directed to be paid and made to such Clerk of the Peace or his Deputy as aforesaid.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources