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Judgments Act 1838

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This is the original version (as it was originally enacted).

XXIPowers, &c. of this Act applicable to the Courts and Judges at Westminster to be applicable to Courts of Lancaster and Durham.

And be it enacted, That all the Remedies, Authorities, and Provisions of this Act applicable to Her Majesty's Superior Courts of Common Law at Westminster, and the Judgments and Proceedings therein, shall extend to and be applicable to the Court of Common Pleas of the County Palatine of Lancaster and the Court of Pleas of the County Palatine of Durham, within the Limits of the Jurisdiction of the same Courts respectively ; and the Judgments of each of the said last-mentioned Courts shall, within the Limits of the Jurisdiction of the same Courts respectively, have the same Effect in all respects as the Judgments of any of Her Majesty's said Superior Courts at Westminster under and by virtue of this Act; and all Powers and Authorities hereby given to the Judges or any Judge of Her Majesty's Superior Courts at Westminster, with respect to Matters depending in the same Courts, shall and may be exercised by the Judges or any Judge of the said Court of Common Pleas at Lancaster, or the Justices or any Justice of the said Court of Pleas at Durham, with respect to Matters therein depending, and within the Jurisdiction of the same Courts respectively : Provided always, that no Judgment of either of the same last-mentioned Courts shall by virtue of this Act affect any Lands, Tenements, or Hereditaments, as to Purchasers, Mortgagees, or Creditors, unless and until a Memorandum or Minute, containing the Name and the usual or last known Place of Abode, and Title, Trade, or Profession of the Plaintiff and Defendant, the Date when such Judgment was signed, and the Amount of the Debt, Damages, and Costs thereby recovered, shall be left with the Prothonotary or Deputy Prothonotary, or some other Officer to be appointed for that Purpose by the said Courts respectively, who shall forthwith enter the same Particulars in a Book in alphabetical Order by the Name of the Person whose Estate is to be affected thereby, and such Officer shall be entitled for every such Entry to the Sum of Two Shillings and Sixpence ; and all Persons shall be at liberty to search the same Book on Payment of the Sum of One Shilling: And provided also, that no Order or other Proceeding under this Act made by any Justice or Justices of the said Court of Common Pleas of the County Palatine of Lancaster or the Court of Pleas in the County Palatine of Durham shall be valid or effectual except made in open Court on one of the Court or Return Days of the same Court, or except such Justice or Justices shall be also a Judge or Judges of one of the said Courts at Westminster : Provided also, that no Order directing any Person or Persons to be held to Bail under this Act, nor any Order for discharging out of Custody any Person or Persons arrested under this Act, shall be made by any Justice or Justices of the Court of Pleas in the County Palatine of Durham who shall hot be a Judge or Judges of one of the said Courts of Common Law at Westminster.

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