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Judgments Act 1838

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This is the original version (as it was originally enacted).

XXVIICourt to be a Court of Record.

And be it enacted, That the said Court for the Relief of Insolvent Debtors in England shall be a Court of Record for the Purposes of this Act; and shall cause to be sealed with the Seal of the said Court all such Records, Proceedings, Documents, and Copies of the same as are hereinafter expressly required to be so sealed, and such other Records, Proceedings, Documents, and Copies of the same as the said Court shall at any Time direct; and that the said Court, or any Commissioner thereof, acting under the Powers of this Act, may adjourn any Sitting of the said Court or Commissioner, as may be requisite, and may administer Oaths, and examine all Parties and Witnesses upon Oath, for the Purposes of this Act, and shall have such, like, and the same Powers of compelling the Attendance of Witnesses, both before the said Court and before any Commissioner thereof, acting as aforesaid, and before an Officer of the Court or Examiner, as herein-after mentioned, and before such Justices as are herein-after mentioned, and of requiring and compelling the Production of Books and Writings, as are now possessed by any of the Superior Courts at Westminster, and to order any Prisoner whose Estate shall, by an Order to be made under this Act as hereinafter mentioned, have been vested in the Provisional Assignee of the said Court, or any Prisoner who shall be a necessary and material Witness in any Matter pending in the said Court, to be brought before the said Court or Commissioner, or Officer or Examiner, or Justices, as often as shall be requisite ; and that the said Court, or any Commissioner thereof acting as aforesaid, shall have the Power of committing all Persons guilty of any Contempt of the said Court to the Prison of the Queen's Bench, or to the Common Gaol of any County in which such Person shall be or shall usually reside; and that the said Court shall have the Power of fining in a summary Way, or removing, any of the Officers of the said Court who shall be guilty of any Negligence, wilful or unnecessary Delay, or other Misconduct whatsoever: Provided always, that the said Court, or any Commissioner thereof, shall not have the Power of awarding Costs against any Person or Persons whomsoever, except in such Cases only where such Costs are herein-after expressly mentioned and permitted to be awarded by this Act; and that nothing herein contained shall extend to the compelling the Attendance of any Witness, unless the Party on whose Behalf such Witness shall be required to attend shall have previously tendered to such Witness such Allowance for Expences for his Attendance as in the Judgment of the said Court, or of a Commissioner thereof, shall appear to be reasonable.

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