Oath of clerk ing process. sioners of Her Majesty's Treasury, or otherwise in due course of law; and it shall be competent for such Commissioners to give authority under their hands for such discharge, either absolutely or on such terms and conditions as they may see fit: Provided always, that where the residences of the parties in such roll liable as aforesaid are not all in one county, borough, city, or place, then a copy of so much only of such roll as relates to the fines, issues, amerciaments, penalties, and recognizances to be paid by the parties resident in each county, city, borough, or place shall be sent with such writ as aforesaid to the sheriff, bailiff, or officer having execution of process therein. 33. The Clerk of Assize and Clerk of the Crown respectively shall, before of assize send- sending such writ as aforesaid to any such sheriff, bailiff, or officer, make oath before a judge of one of Her Majesty's superior Courts of Record at Westminster, or before any commissioner for taking affidavits in the same Courts, or to administer oaths in Chancery, which oath shall be endorsed on the back of the said roll attached thereto; and such oath shall be in the form following:"I, make oath, that this roll is truly and carefully made up and examined, and that all fines, issues, amerciaments, penalties, and recognizances which in right and due course of law ought to be levied and paid are, to the best of my knowledge and understanding, inserted in the said roll, and that in the said roll are also contained and expressed all such fines, issues, amerciaments, penalties, and recognizances as have been paid to or received by me, without any wilful or fraudulent discharge, omission, misnomer, or defect whatever. "So help me GOD." Return of writ to the Treasury. Until fines, &c. are levied, sheriff to retain writ, which shall continue in force and be authority to act upon. 34. The sheriff, bailiff, or officer to whom any such writ as aforesaid is sent shall, on such day as the Commissioners of Her Majesty's Treasury may from time to time, by warrant under their hands, direct, return such writ to such Commissioners, and shall state on the back of the said roll what has been done in the execution of such process. 35. The sheriff, bailiff, or other officer to whom the said writ is sent, shall, until all the said fines, issues, amerciaments, penalties, and recognizances have been paid or recovered or discharged, or it be duly ascertained to the satisfaction of the Commissioners of Her Majesty's Treasury, that the party in default has not any goods or chattels in the county, city, borough, or place of such sheriff, bailiff, or officer, or in any other county, city, borough, or place in England in which a levy can be made, and that such party cannot be found or that his body cannot be lodged in any of Her Majesty's gaols, keep and detain in the possession of such sheriff, bailiff, or officer the writ so directed to him and the roll attached to such writ, delivering to the said Commissioners of Her Majesty's Treasury a copy of such roll on the day on which he is required to return such writ, and also a copy of any former roll or rolls in which the fines, issues, amerciaments, penalties, and recognizances have not been paid or discharged; and the original writ and roll or writs and rolls sent to the sheriff, bailiff, or other officer, shall continue in force and effect, and shall be sufficient authority without any further writ or roll, for the levying of the said fines, issues, amerciaments, penalties, and recognizances, and such sheriff, bailiff, or other officer is hereby authorized and required on quitting his office to deliver over to his successor all rolls and writs in his possession, particularizing any fines, issues, amerciaments, penalties, and recognizances remaining unpaid or undischarged in order that the sheriff, bailiff, or other officer coming into the office may use every means in his power for recovering the sums unpaid and not charged to his predecessors on the passing of his accounts before any person duly authorized to pass the same. Words in italics repealed by the Statute Law Revision Act, 1892 (55 & 56 Vict. c. 19). another sheriff of the 36. In all cases where the party incurring or subject to the payment of any Where a party fine, issue, amerciament, penalty, or recognizance resides or has fled or removed resides in from or out of the jurisdiction of the sheriff, bailiff, or officer to whom any county, &c., such writ as aforesaid has been directed, such sheriff, bailiff, or officer shall or has issue his warrant, together with a copy of the said writ, directed to the sheriff, sheriff to removed, bailiff, or other officer acting for the county, city, borough, or place in which issue his such person then resides or is, or in which his goods or chattels may be found, warrant to the requiring such sheriff, bailiff, or other officer to execute such writ; and every other county, such last-mentioned sheriff, bailiff, or other officer is hereby authorized and &c. required to act in all respects under such warrant in the same manner as if the original writ had been delivered to him, and the said sheriff, bailiff, or other officer is hereby required within thirty days after the receipt of such warrant to return to the sheriff, bailiff, or other officer from whom he received the same what he has done in the execution of such process; and in case a levy has been made, to pay over all monies received in pursuance of the warrant to the sheriff, bailiff, or officer from whom he received the same. 37. Every sheriff, bailiff, or other officer as aforesaid neglecting to do or Penalty on perform any duty by this Act required shall forfeit and pay such sum as in sheriff for neglect. section ten of the said Act of the third year of King George the Fourth is provided for such neglect as therein mentioned, and to be recovered in like manner. pay Estreats may be required to be enrolled in 38. The Commissioners of Her Majesty's Treasury, or the party liable to any fine, issue, amerciament, penalty, or recognizance which, if this Act had not been passed, would have been certified or estreated into the Exchequer, the Exchemay, by notice in writing to the Clerk of Assize or Clerk of the Crown directed quer. by this Act to proceed as herein before provided for causing the same to be levied, require such Clerk of Assize or Clerk of the Crown, within twenty days after such notice, to return the estreat thereof into the office of the Queen's Remembrancer in the Exchequer, there to be enrolled, and such estreat shall be returned and enrolled accordingly; and any and the like proceedings may be had and taken, by motion or otherwise, in the Court of Exchequer, in respect of such estreat so enrolled, as might be had and taken in the case of any fine, issue, amerciament, penalty, or recognizance lawfully certified or estreated into the Exchequer in the ordinary course of law. Words in italics repealed by the Statute Law Revision Act, 1892 (55 & 56 Vict. c. 19). 39. All fines, issues, amerciaments, penalties, and forfeitures now from time to time set over by Her Majesty's Remembrancer to corporations, lords of liberties, and others entitled thereto, shall after the passing of this Act be set over by such person as the Commissioners of Her Majesty's Treasury may direct, and the books of reference to such corporations, lords of liberties, and others now in the office of Her Majesty's Remembrancer, or copies thereof, or of such parts thereof as may be necessary, shall be delivered to such Commissioners or such person as they may direct. Provision as to setting over fines, &c. 40. Every recognizance forfeited at any inquest to be holden before the coroner of Recognizances any county, city, town, liberty or place in England, shall be certified by such forfeited at coroners' inquests to be returned to clerks of the peace, as in the case of fines imposed by coroners. Original rolls not to be returned into Exchequer. As to rents rendered by the Corporation of London before the Court of Exchequer. coroner to the Clerk of the Peace for the county, riding, division, or place in which the person forfeiting such recognizance shall reside, on or before the first day of the Quarter Session of the Peace then next ensuing, and such coroner shall cause a copy of such certificate to be served upon the person liable to the payment of such forfeiture by leaving it at his residence; and every such Clerk of the Peace shall proceed to act in respect of such forfeiture as in the case of fines certified by coroners pursuant to section seventeen of the Act passed in the seventh and eighth years of Her Majesty, chapter ninety-two, and such forfeiture shall be levied and applied in like manner, and subject to the like powers, provisions, and penalties, as such fines. Repealed by the Coroners Act, 1887 (50 & 51 Vict. c. 71), s. 45 and Sched. III. For the similar provisions now in force, see sect. 19 (4), (5) of that Act. 41. The rolls known as Originalia Rolls shall cease to be returned or sent from the Petty Bag Office of the Court of Chancery into the Court of Exchequer. Repealed by the Supreme Court of Judicature (Officers) Act, 1879 (42 & 43 Vict. c. 78), s. 29 and Sched. II. 42. [Relating to the approval of the Sheriffs of London and Middlesex, was repealed by the Sheriffs Act, 1887 (50 & 51 Vict. c. 55), s. 39 and Sched. III.] The 43. And whereas it has been the custom on the occasion of the presentation of the Sheriffs of the City of London and Sheriff of Middlesex elect for the approval of the Crown to the Barons of the Court of Exchequer at Westminster to render, on behalf of the Corporation of the said City, in open Court, certain ancient rents and services in respect of the tenure of a piece of waste ground called the Moors, in the County of Salop, and of a tenement called Forge," in the parish of Saint Clement Danes, in the County of Middlesex : The said rents and services in respect of the said ground and tenement may be rendered by the Corporation of London, or by their agent in that behalf, at the office of the Queen's Remembrancer on the morrow of Saint Michael, or between that day and the morrow of Saint Martin, and the proper entries in respect thereof shall be made as heretofore on the rolls of the Court. Saving rights 44. Save as herein expressly provided, nothing in this Act shall affect or herein named. prejudice the jurisdiction or authority of the Court of Exchequer, or of the Commissioners of Her Majesty's Treasury, or any right or privilege now exercised by Her Majesty's Attorney-General on behalf of the Crown. SCHEDULE. Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith: To the sheriff or bailiff or officer [as the case may be] for the county of [or city, borough, or place, as the case may be], greeting. You are hereby required and commanded, as you regard yourself and all yours, that you omit not, by reason of any liberty in your county, city, borough, or place [as the case may be], but that you enter the same, and of all the goods and chattels of all and singular the persons in the roll to this writ annexed, you cause to be levied all and singular the debts and sums of money upon them in the same roll severally charged, so that the money may be ready for payment at the [time of the return of the writ], to be paid over in such manner as the Commissioners of Her Majesty's Treasury may direct; and if any of the several debts cannot be levied, by reason of no goods or chattels being to be found belonging to the parties, then in all cases that you take the bodies of the parties refusing to pay the aforesaid debts, and lodge them in the gaol (of the county, city, &c.), there to remain until they pay the same, or be discharged by the authority of the said Commissioners or otherwise in due course of law. An Act to amend the Law relating to Petitions of Right, to simplify the Proceedings, Whereas it is expedient to amend the law relating to petitions of right, to simplify the procedure therein, to make provision for the recovery of costs in such cases, and to assimilate the proceedings, as nearly as may be, to the course of practice and procedure now in force in actions and suits between subject and subject: 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, as follows:-- Repealed by the Statute Law Revision Act, 1892 (55 & 56 Vict. c. 19). 1. A petition of right may, if the suppliant think fit, be intituled in any one Petitions of of the superior Courts of Common Law or Equity at Westminster in which the Right may subject-matter of such petition or any material part thereof would have been be intituled in any of the cognizable if the same had been a matter in dispute between subject and Superior subject, and if intituled in a Court of Common Law shall state in the margin Courts at Westminster. the venue for the trial of such petition; and such petition shall be addressed to Her Majesty in the form or to the effect in the Schedule to this Act annexed (No. 1), and shall state the christian and surname and usual place of abode of the suppliant and of his attorney, if any, by whom the same shall be presented, and shall set forth with convenient certainty the facts entitling the suppliant to relief, and shall be signed by such suppliant, his counsel or attorney. As to the title, see above, p. 367; as to the venue, p. 379; as to the form of the petition of right, pp. 373, 375. The form, nature, and No. 1. of State for 2. The said petition shall be left with the Secretary of State for the Home Petition to Department, in order that the same may be submitted to Her Majesty for Her be left with Majesty's gracious consideration, and in order that Her Majesty, if she shall the Secretary think fit, may grant her fiat that right be done, and no fee or sum of money the Home shall be payable by the suppliant on so leaving such petition, or upon his Department receiving back the same. See above, pp. 375, 376. for Her Majesty's fiat. Upon fiat being obtained, peti tion, &c. to be left at office of Solicitor of Time for the Crown. 3. Upon Her Majesty's fiat being obtained to such petition, a copy of such petition and fiat shall be left at the office of the Solicitor to the Treasury, with an endorsement thereon in the form or to the effect in the Schedule (No. 2) to this Act annexed, praying for a plea or answer on behalf of Her Majesty within twenty-eight days, and it shall thereupon be the duty of the said solicitor to transmit such petition to the particular department to which the subject-matter of such petition may relate, and the same shall be prosecuted in the Court in which the same shall be intituled, or in such other Court as the Lord Chancellor may direct. See above, pp. 382, 384. 4. The time for answering, pleading or demurring to such petition, on behalf answering by of Her Majesty, shall be the said period of twenty-eight days after the same, with such prayer of a plea or answer as aforesaid, shall have been left at the office of the Solicitor to the Treasury, or such further time as shall be allowed by the Court or a judge: Provided always, that it shall be lawful for the Lord Chancellor, on the application of the Attorney-General or of the suppliant, to change the Court in which such petition shall be prosecuted, or the venue for the trial of the same. Power to change the Court or venue. Time for As to time and extension of time, see above, p. 384; as to the change of Court or venue, p. 382. 5. In case any such petition of right shall be presented for the recovery of answering by any real or personal property, or any right in or to the same, which shall have other persons, been granted away or disposed of by or on behalf of Her Majesty or her parties to the petition. predecessors, a copy of such petition, allowance and fiat shall be served upon or left at the last or usual or last known place of abode of the person in the possession, occupation, or enjoyment of such property or right, endorsed with a notice in the form set forth in the Schedule (No. 3), requiring such person to appear thereto within eight days, and to plead or answer thereto in the Court in which the same shall be prosecuted within fourteen days after the same shall have been so served or left as aforesaid; and it shall not be necessary to issue any scire facias or other process to such person for the purpose of requiring him to appear and plead or answer to such petition, but he shall within the time so limited, if it be intended by him to contest such petition, enter an appearance to the same in the form set forth in Schedule (No. 4) to this Act annexed, or to the like effect, and shall plead, answer or demur to the said petition within the time specified in such notice, or such further time as shall be allowed by the Court or a judge. The answer or plea to such petition. See above, p. 370. 6. Such petition may be answered by way of answer, plea, or demurrer in a Court of Equity, or in a Court of Common Law by way of plea or demurrer, or by both pleas and demurrer, by or in the name of Her Majesty's AttorneyGeneral on behalf of Her Majesty, and by or on behalf of any other person who may in pursuance hereof be called upon to plead or answer thereto, in the same manner as if such petition in a Court of Equity were a bill filed therein, or if the petition be prosecuted in a Court of Common Law as if the same were a declaration in a personal action, and without the necessity for any inquisition finding the truth of such petition or the right of the suppliant, and such and |