of holding such court shall cease, and all proceedings commenced in such court may thereafter be continued, and shall be enforced and executed, as if they had been commenced under the authority of this Act in a county court holden for the district in which the cause of action arose; but no person shall be entitled to claim any compensation under this Act by reason of any such surrender: Provided always, that the surrender of the right of holding any such court for the recovery of debts and demands shall not be deemed to infer the surrender or loss of any other franchise incident to the lordship of such hundred, honour, manor, or liberty, and that the court thereof may be holden for all other purposes, if any, incident thereunto, as now by law it may.

xv. And it is declared and enacted, That the appointment of any person who at the passing of this Act shall by any of the titles hereinbefore specified preside in or hold any court constituted or held under any of the Acts cited in either of the said Schedules (A.) and (B.), to be the Judge of any county court, shall not be deemed an appointment to hold a public office or employment within the meaning of an Act, 5 & 6 Vict. c. 122, intituled An Act for the Amendment of the Law of Bankruptcy,' so as to deprive him of any compensation to which he may be entitled under the said Act.

XVI. That from time to time when any Judge appointed under this Act shall die, resign, or be removed, and the district for which he was appointed shall not be consolidated with any other district, another Judge shall be appointed who shall be a barrister at law who shall be of seven years' standing, or who shall have practised as a barrister and special pleader for at least seven years, or who shall have been the county clerk of the same county at the time of the passing of this Act; and every such appointment shall be made by the Lord Chancellor, or, where the whole of the district is within the duchy of Lancaster, by the Chancellor of the duchy of Lancaster.

XVII. That no Judge appointed under this Act shall during his continunce as such Judge practise as a barrister within the district for which his court is holden under this Act, except those barristers already appointed to preside in or hold the said courts in Bath, Bristol, Liverpool, Manchester, Sheffield, Ecclesall, and Middlesex, and now practising in chambers as conveyancing counsel, who may continue such practice.

XVIII. That it shall be lawful for the said Lord Chancellor, or, where the whole of the district is within the duchy of Lancaster, for the Chancellor of the said duchy, if he shall think fit, to remove for inability or misbehaviour any such Judge already appointed or hereafter to be appointed.

XIX. Provided and enacted, That it shall be lawful for the Lord Chancellor or Chancellor of the said duchy, within their several jurisdictions, to remove any Judge from any district to which he shall have been appointed, for the purpose of appointing him to any other district in which the salary of such Judge shall not be less than in the district from which he shall be so

removed.

xx. That in case of illness or unavoidable absence, the cause whereof shall be entered on the minutes of the court, it shall be lawful for the Judge appointed to hold any court under this Act, or, in case of the inability of the Judge to make such appointment, for the Lord Chancellor, or, where the whole of the district is within the duchy of Lancaster, for the Chancellor of the duchy, to appoint some other person, who shall be a Judge appointed under this Act, or who shall have practised as a barrister at law for at least three years, or as an attorney of one of Her Majesty's superior courts of common law for ten years, but not then residing or practising as an attorney in the district for which the court is holden, to act as the deputy of such Judge during such illness or unavoidable absence; and it shall also be lawful for the Judge, with the approval of the said Lord Chancellor or Chancellor of the duchy, to appoint a deputy, who shall be a Judge appointed under this Act, or who shall have practised as a barrister at law for at least three years, to act for him for any time or times not exceeding in the whole two calendar months in any consecutive period of twelve calendar months; and every deputy so appointed, during the time for which he shall be so appointed shall have all the powers and privileges and perform all the duties of the Judge for whom he shall have been so appointed.

XXI. That every Judge of the county court whose name shall be inserted by Her Majesty in any commission of the peace for the county, riding, or division of a county for which he is appointed Judge of the county court may and shall act in the execution of the office of Justice of the Peace for the said county, riding, or division although he may not have such qualification by estate or interest in lands, tenements, and hereditaments as is required by law in the case of other persons being Justices of the Peace for a county, provided that he be not disqualified by law to act as a Justice of the Peace for any other cause or upon any other occasion than in respect of the want of such an estate or interest as aforesaid.

XXII. That the Judges and other officers to be appointed under this Act shall be authorized and required to perform all such duties in or relating to any causes or matters depending in the High Court of Chancery, or before any Judge thereof, or before the Lord Chancellor in the exercise of any authority belonging to him, necessary or proper to be done in their respective districts, as the Lord Chancellor shall from time to time by any general order direct, and for this purpose, and subject to the general rules and orders of the said court, shall have and exercise all such authorities as may be duly exercised by the Com missioners or other officers of the said court by whom such duties are now usually performed, and shall be entitled to receive the same fees and sums of money as are now payable in respect thereof, to be accounted for and applied by them as the other fees authorized by this Act to be received are directed to be accounted for and applied: Provided always, that the future amount of such fees shall continue subject to the same authority for revising the same to which it is now subject.

XXIII. That the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland shall appoint so many persons as they shall think fit to be treasurers of the courts holden under this Act, and may remove any such treasurer, if they shall see occasion so to do, and appoint another person in his room; and every such treasurer shall be paid by salary in such manner and to such amount as the said Commissioners from time to time shall order; and the salary of every such treasurer shall be paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland: Provided always, that the person appointed or acting as treasurer before the passing of this Act to any court holden under any Act cited in either of the said Schedules (A.) and (B), if not disqualified under this Act, shall be entitled to be the first treasurer of the same court respectively, when holden as a county court under this Act, in every case in which a separate

treasurer shall be appointed exclusively for such court, and shall in such case continue to exercise his office subject to the power of removal provided in this Act.

XXIV. That for every court under the authority of this Act there shall be a clerk, who shall be an attorney of one of Her Majesty's superior courts of common law, and whom the Judge shall be empowered to appoint, subject to the approval of the Lord Chancellor, and, in case of inability or misbehaviour, to remove, subject to the like approval; and, until otherwise directed by Her Majesty, with the advice of her Privy Council, every such clerk shall be paid by fees as hereinafter provided; and in cases requiring the same such assistant clerks as may be necessary shall be provided and paid by the clerk of the

court.

xxv. That it shall be lawful for the Lord Chancellor, in populous districts in which it shall appear to him expedient, to direct that two persons shall be appointed to execute jointly the office of clerk, under such regulations as to the division of the duties and emoluments of the said office as shall be from time to time made by order of court in case of difference between them, each of such persons being qualified as is herein before provided in the case of a single clerk; and where under the provisions of any Act cited in either of the said Schedules (A.) and (B.) more than one clerk is now acting in and for the court holden under such Act, the same number of clerks shall be continued, unless it shall seem expedient to the Lord Chancellor to order that such number be reduced.

XXVI. That it shall be lawful for the clerk of any such court with the approval of the Judge, or, in case of inability of the clerk to make such appointment, for the Judge to appoint from time to time a deputy, qualified to be appointed clerk of the said court, to act for the clerk of the said court at any time when he shall be prevented by illness or unavoidable absence from acting in such office, and to remove such deputy at his pleasure; and such deputy while acting under such appointment shall have the like powers and privileges, and be subject to the like provisions, duties, and penalties for misbehaviour, as if he were the clerk of the said court for the time being.

XXVII. That the clerk of each court, with such assistant clerks as aforesaid in cases requiring the same, shall issue all summonses, warrants, precepts, and writs of execution, and register all orders and judgments of the said court, and keep an account of all proceedings of the court, and shall take charge of and keep an account of all court fees and fines payable er paid into court, and of all monies paid into and out of court, and shall enter an account of all such fees, fines, and monies in a book belonging to the court, to be kept by him for that purpose, and shall from time to time, at such times as shall be directed by order of the court, submit his accounts to be audited or settled by the treasurer.

XXVIII. That it shall not be lawful for the clerk of any court holden under this Act, or the partner of any such clerk, or any person in the service or employment of such clerk or his partner, to act as treasurer or high bailiff of the court; or for the treasurer, his partner or clerk, or any person in the service or employment of such treasurer or his partner, to act as clerk or high bailiff; or for the high bailiff, his partner or clerk, or any person in the service or employment of such high bailiff or his partner, to act as clerk or treasurer of the court.

XXIX. That no clerk, treasurer, high bailiff, or other officer of the court shall, either by himself or his partner, be directly or indirectly engaged as attorney or agent for any party in any proceeding in the said court.

xxx. That every person who, being the clerk of any such court, or the partner of such clerk, or a person in the service or employment of any such clerk or of his partner, shall accept the office of treasurer or high bailiff of such court, or who, being the treasurer of any such court, or the partner of any such treasurer, or a person in the service or employment of any such treasurer or of his partner, shall accept the office of clerk or high bailiff in the execution of this Act, or who being the high bailiff of such court, or the partner of any such high bailiff, or a person in the service or employment of any such high bailiff or of his partner, shall accept the office of clerk or treasurer in the execution of this Act, and also every clerk, treasurer, high bailiff, or other officer of any such court who shall be, by himself or his partner, or in any way, directly or indirectly, concerned as attorney or agent for any party in any proceeding in the said court, shall for every such offence forfeit and pay the sum of 50%. to any person who shall sue for the same in any of Her Majesty's superior courts of record, by action

of debt or on the case.

XXXI. That for every such court there shall be one or more high bailiffs, whom the Judge shall be empowered by order of court to appoint, and, in case of inability or misbehaviour, to remove by a like order; and every such high bailiff shall be empowered, subject to the restrictions hereinafter contained, by any writing under his hand to appoint a sufficient number of able and fit persons, not exceeding such number as shall be from time to time allowed by the Judge, to be bailiffs, to assist the said high bailiff, and at his pleasure to dismiss all or any of them, and appoint others in their stead; and every bailiff so appointed may also be suspended or dismissed by the Judge.

XXXII. Provided and enacted, That, until Parliament shall otherwise direct, the high bailiff of Westminster shall have the execution of all process issuing out of any of the said courts the jurisdiction of which shall include the city and liberty of Westminster or any part thereof, and shall be deemed the high bailiff of such courts; and the high bailiff of Southwark shall have the execution of all process issuing out of any of the said courts the jurisdiction of which shall include the borough of Southwark or any part thereof, and shall be deemed the high bailiff of such last-mentioned courts, and no other high bailiff shall be appointed for such courts.

XXXIII. That the said high bailiffs or one of them shall attend every sitting of the court, for such time as shall be required by the Judge, unless when their absence shall be allowed for reasonable cause by the Judge, and shall, by themselves or by the bailiffs appointed to assist them as aforesaid, serve all the summonses and orders, and execute all the warrants, precepts, and writs, issued out of the court; and the said high bailiffs and bailiffs shall in the execution of their duties conform to all such general rules as shall be from time to time made for regulating the proceedings of the court, as hereinafter provided, and, subject thereunto, to the order and direction of the Judge; and the said high bailiffs shall be entitled to receive all fees and sums of money VOL. XXIV.-STAT.

2 F

allowed by this Act in the name of fees payable to the bailiff, out of which they shall provide for the execution of the duties for which such fees are allowed, and for the payment of the bailiffs and officers appointed to assist them, according to such scale of remuneration as shall be from time to time approved by the Judge; and every such high bailiff shall be responsible for all the acts and defaults of himself and of the bailiffs appointed to assist him, in like manner as the sheriff of any county in England is responsible for the acts and defaults of himself and his officers.

XXXIV. Provided and enacted, That the persons holding the offices or performing the duties of clerks and high bailiffs in any court holden under any Act cited in either of the said Schedules (A.) and (B.) on the 1st of June in this year, and who shall continue respectively to hold the same offices or to perform the same duties at the time when such Act shall be repealed under the provisions of this Act, whether or not qualified as hereinbefore provided, shall be entitled, if not disqualified under this Act, to be the first clerks and high bailiffs of the same court when holden as a county court under this Act, and shall continue to execute their several offices, subject to the power of removal provided in this Act, except that the clerks and high bailiffs already appointed to any court named in the said Schedule (A.) shall be removable only for such cause as would have warranted their removal under the Acts according to which their court is now holden; and where, under the provisions of any of the said Acts, more than one clerk was on the said 1st of June, and shall be, when such Act shall be repealed, under the provisions of this Act, acting in and for any of the said courts, or in and for any district or division of any court, the same persons shall jointly execute the office of clerk of the same courts as aforesaid, under such regulations as to the division of the duties and emoluments of the said office as shall be from time to time made by order of court, in case of difference between them: Provided always, that if the clerk of any court cited in the said Schedule (A.) shall, within one calendar month next after the repeal of the Act under which it is now holden, decline to accept the office of clerk to the same court as holden under this Act, it shall be lawful to the Commissioners of Her Majesty's Treasury, if they shall think fit, to take into consideration the special circumstances of each case, and to award such compensation to be paid to such clerk as under the circumstances they shall think reasonable, in the manner herein provided in the case of persons whose emoluments will be diminished or taken away by this Act.

And after reciting that the jurisdiction of the court of conscience in the city of Bristol, under the provisions of an Act of 1 Vict., and cited in the Schedule (A.) to this Act annexed, extends to the recovery of debts and demands not exceeding 40%.; and the jurisdiction of the court of requests in the said city, under the provisions of an Act of 56 Geo. 3, and also cited in the said Schedule (A.), extends to the recovery of debts and demands above 40s. and not exceeding 15l.:—

It is Enacted,

XXXV. That in case the persons now holding the offices of registrar and clerk and deputy registrar of the said court of conscience shall continue to hold the same offices respectively when a court shall be established in the said city of Bristol under the provisions of this Act, they shall be entitled to hold the office and execute the duties of clerks of any such court in all causes and matters relating to debts, claims, and demands not exceeding 40s., under such regulations as to the division of the duties and emoluments of the said office as shall be from time to time made by order of court, in case of difference between them; and in case the person now holding the office of clerk of the said court of requests shall continue to hold the same office at the time when such court shall be established, he shall be entitled to hold the office and execute the duties of clerk of any such court in all causes and matters relating to debts, claims, and demands exceeding 40s.; and the said persons severally shall be removable only for such cause as would have warranted their removal under the several Acts according to which the said courts are now holden.

XXXVI. That the treasurer, clerk, and high bailiff of every court holden under this Act who may receive any monies in the execution of his duty shall give security, for such sum and in such manner and form as the Commissioners of Her Majesty's Treasury from time to time shall order, for the due performance of their several offices, and for the due accounting for and payment of all monies received by them under this Act, (or which they may become liable to pay for any misbehaviour in their office).

XXXVII. That there shall be payable on every proceeding in the courts holden under this Act, to the Judges, clerks, and high bailiffs of the several courts, such fees as are set down in the Schedule marked (D.) to this Act annexed, or which shall be set down in any schedule of fees reduced or altered under the power hereinafter contained for that purpose, and none other; and a table of such fees shall be put up in some conspicuous place in the court house and in the clerk's office; and the fees on every proceeding shall be paid in the first instance by the plaintiff or party on whose behalf such proceeding is to be had, on or before such proceeding, and in default payment thereof shall be enforced by order of the Judge by such ways and means as any debt or damage ordered to be paid by the court can be recovered; and the fees upon executions shall be paid into court at the time of the issue of the warrant of execution, and shall be paid by the clerk of the court to the bailiff upon the return of the warrant of execution, and not before: Provided always, that it shall be lawful for one of Her Majesty's principal Secretaries of State, with the consent of the Commissioners of Her Majesty's Treasury, to lessen the amount of the fees to be taken in the courts holden under this Act in such manner as to him shall seem fit, and again to increase such fees, so that the scale of fees given in the Schedule to this Act be not in any case surpassed; and in every court holden under this Act in which the fees allowed to be taken by the Judges, clerks, or bailiffs of the court shall appear to be more than sufficient, it shall be lawful for the said Secretrary of State to order that a certain part only of their fees shall be paid to them respectively, not exceeding, in the case of Judges and clerks, the sums hereinafter mentioned as the greatest salaries to be by them respectively received; and in such case, and so long as such direction shall be in force, the amount of the residue of the fees shall be accounted for and paid to the treasurer of the court, and shall form part of the general fund of the court; but no such order shall be made to reduce the fees of any of the Judges, clerks, and officers of any court mentioned in the said Schedule (A.) (so long as they shall be paid by fees) below the average amount of their fees or emoluments during the seven years next before the passing of this Act, with a reasonable increase for any increase of business which they may severally have to perform by reason of this Act.

XXXVIII. That every person who is entitled to any franchise, right of appointment, or office, under any of the Acts under which any court mentioned in the said Schedule (A.) is holden, and every person who shall have been entitled to any fees or salary for his services in the execution of any of the same Acts, or for the issue of any writs to the sheriff out of the high Court of Chancery, and also every person who is entitled to any franchise or right of appointment to hold office in any court in any district in which the county court had not jurisdiction before the passing of this Act, and in which district a court shall be established under the provisions of this Act, and also every person holding any office in any such last-mentioned court whose franchise or right of appointment or office shall be affected, abolished, or taken away, or whose emoluments shall be diminished or taken away under the operation of this Act, shall be entitled to make a claim for compensation to the Commissioners of Her Majesty's Treasury within six calendar months after the passing of this Act, or after the alteration of such court; and it shall be lawful for the said Commissioners, in such manner as they shall think proper, to inquire what was the nature of the franchise or right of appointment, and what was the tenure of any such office, and what were the lawful fees and emoluments in respect of which such compensation should be allowed; and the Commissioners in each case shall award such gross or yearly sum and for such time as they shall think just to be awarded upon consideration of the special circumstances of each case; and all such compensations shall be paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland: Provided always, that if any person holding any office in any of the said courts shall be appointed after the passing of this Act to any public office or employment, the payment of the compensation awarded to him under this Act, so long as he shall continue to receive the salary or emoluments of such office or employment, shall be suspended if the amount of such salary or emoluments is greater than the amount of such compensation, or if not, shall be diminished by the amount of such salary or emoluments: Provided also, that nothing in this Act contained shall be deemed to entitle any person to compensation for the loss or diminution of the profits of any office to which he shall have been appointed under any Act containing a provision, either that he is not to be entitled to compensation for the loss or diminution of the profits of his office, or that such Act should cease on or within a limited time after the passing of any general Act for the recovery of small debts, or under the provisions of either of the said Acts of 7 & 8 Vict. and 8 & 9 Vict.

XXXIX. That it shall be lawful for Her Majesty, with the advice of her Privy Council, to order that the Judges, clerks, bailiffs, and officers of the courts holden under this Act, or any of them, shall be paid by salaries instead of fees, or in any manner other than is provided by this Act; and if Her Majesty shall be pleased, with the advice aforesaid, to make such order, or to order that any such court shall be abolished, or that the district for which any such court is holden shall be consolidated with any other district, or if any Act shall be passed whereby it shall be provided that the said courts or any of them shall be abolished, or otherwise constituted than is provided by this Act, no such clerk or bailiff, nor any Judge, county clerk, treasurer, or other officer of any such court, shall be entitled to any compensation on account of ceasing to hold his office, or to receive the fees allowed by this Act, or on account of his emoluments being affected by such abolition or alteration, unless he shall have presided or acted as Judge, assessor, county clerk, treasurer, clerk, bailiff or other officer, before the passing of this Act, in any of the courts mentioned in the Schedule (A.) to this Act annexed, in which case he shall be entitled to compensation for the loss of his fees or emoluments, in like manner and subject to the same regulations as he would have been entitled thereto under the provisions herein contained in case he had been deprived of any fees or emoluments by reason of the passing of this Act; and in such case all sums payable in the name of fees to such officers of the court as shall be paid by salaries shall be paid from time to time to the treasurer of the court, who shall pay the said several salaries out of the proceeds of such fees, and the surplus shall form part of the general fund of the court; and whenever the net amount of the fees shall not be sufficient to pay the said several salaries, the deficiency shall be made good and paid out of the Consolidated Fund of Great Britain and Ireland.

XL. That the greatest salaries to be received in any case by the Judges and clerks of the courts holden under this Act shall be 1,2001. by a Judge and 6001. by a clerk, exclusive of all salaries to his clerks employed in the business of the court, and other expenses incidental to his office, unless in the case of any Judge or clerk of any such court acting in the same capacity before the passing of this Act in any court mentioned in the said Schedule (A.), whose salaries shall not be limited to any sum less than the average amount of the fees and emoluments of their respective offices during the seven years next before the passing of this Act: Provided always, that it shall be lawful for the Commissioners of Her Majesty's Treasury to allow in each case such sum as they shall in each case deem reasonable to defray travelling expenses, with reference to the size and circumstances of each district.

XLI. That the clerk of every court holden under this Act, from time to time as often as he shall be required so to do by the treasurer or Judge of the court, and in such form as the treasurer or Judge shall require, shall deliver to the treasurer a full account in writing of the fees received in that court under the authority of this Act, and a like account of all fines levied by the court, and of the expenses of levying the same, and shall pay over to the treasurer, quarterly or oftener in every year, by order of the court, the monies remaining in his hands over and above his own fees, and such balance as he shall be allowed by order of the court to retain for the current expenditure of the court.

XLII. That the treasurer of every court holden under this Act shall from time to time, quarterly or oftener, as shall be directed by order of the court, audit and settle the accounts of the clerk and other officers of the court, and shall receive the balance of the various monies which such clerk and other officers shall have received under this Act, and shall pay over to the Judge of the court the amount of his fees, and make all such other payments as it shall be requisite to make thereout in accordance with the provisions of this Act, and shall from time to time pay the balance remaining in his hands, or so much thereof as he shall be directed to pay, into such bank, or otherwise as shall be directed by the Commissioners of Her Majesty's Treasury.

XLIII. That the treasurer of every court holden under this Act shall once in every year, and oftener if required, on such day as the Commissioners of Her Majesty's Treasury from time to time shall appoint, render to the Commissioners for auditing the Public Accounts of Great Britain a true account in writing of all monies received and of all monies disbursed by him on account of every court holden under this Act of which he is treasurer, during the period comprised in such

account, in such form, and with such particulars of receipt and disbursement, or otherwise, as the said Commissioners of Audit shall from time to time require.

XLIV. That the Commissioners of Her Majesty's Treasury shall from time to time make such rules as to them shall seem meet for securing the balances and other sums of money in the hands of any officers of every court holden under this Act, and for the due accounting for and application of all such balances, and other sums of money.

XLV. That the accounts to be kept by the several treasurers on account of the said courts shall be examined and audited by the Commissioners for auditing the Public Accounts of Great Britain, under the powers vested in them under an Act, 25 Geo. 3. c. 52, intituled An Act for the better Examining and Auditing the Public Accounts of this Kingdom,' and under any Act now in force, or otherwise howsoever, except so far as the same are varied by this Act.

XLVI. That the clerk of every such court shall once in every year, and oftener if required, on such day as shall be appointed by the Commissioners of Her Majesty's Treasury, make out and send to the said Commissioners of Audit an account of all sums paid over by him to the treasurer of the court, including all unclaimed balances carried to the account of the general fund, as hereinafter provided; and every such account, duly vouched by receipts given under the hand of the treasurer, shall be a voucher to charge the treasurer in his account before the said Commissioners of Audit.

XLVII. That it shall not be necessary to declare the accounts of the said treasurers before the Chancellor of the Exchequer, but the said Commissioners of Audit shall transmit a statement of every account examined and audited by them under the authority of this Act to the Lord High Treasurer, or the Commissioners of Her Majesty's Treasury for the time being, who, having considered such statement, shall return the same to the Commissioners of Audit, together with his or their warrant, directing them to make up and pass the account, either conformably to the statement, or with such variations as he or they may deem just and reasonable; and the account having been made up pursuant to such directions, and signed by two or more of the said Commissioners for auditing the Public Accounts, shall remain deposited in the Audit Office, and shall have the same force and validity, and be as efficient in law for all purposes whatsoever, as if the same had been declared according to the usual course by the Chancellor of the Exchequer; and the said Commissioners shall thereupon, as soon as conveniently may be, cause such or the like certificate thereof, in the nature of a quietus, to be made out and delivered, as is now practised by them with regard to declared accounts, and which shall be equally valid and effectual to discharge the accountants, and to all other intents and purposes.

XLVIII. That the treasurer of any court holden under this Act for which a court house and offices, with necessary appurtenances, shall not have been already provided, or where such court house and offices are inconvenient or insufficient, shall, as soon as conveniently may be, with the approval of one of Her Majesty's principal Secretaries of State, build, purchase, hire, or otherwise provide messuages and lands, with all necessary appurtenances, fit for holding the court therein, and for the offices necessary for carrying on the business of the said court, or, instead of providing separate buildings, may, with the like approval, contract with any person, being the owner of or having the controul and management of any county or town hall or other building, for the use and occupation thereof, or of so much thereof as may be needed for the purposes of this Act, and subject to such annual rent, and to such conditions as to the repairs, alterations, or improvements of such hall or building, as may be agreed upon; and all lands, messuages, and other real and personal estates and effects belonging to the court shall vest in the treasurer for the time being, and in his successors in that office, in trust for the purposes of this Act.

XLIX. That it shall be lawful for any court holden under this Act, with the approval of one of Her Majesty's principal Secretaries of State, to use as a prison for the purposes of this Act any prison now belonging to any court holden under any of the Acts cited in the said Schedules (A.) and (B.), in all cases where it shall appear to the said Secretary of State that the common gaol or house of correction of the county, district, or place in which the court is established is inconveniently situated, or is not applicable for the use of the said courts; and whenever any such prison shall be so allowed to be used it shall be deemed one of the common gaols of the county for which it shall be used, as if it had been provided, after presentment of the insufficiency of one common gaol for such county, under the provisions of an Act, 5 & 6 Vict. c. 98, intituled 'An Act to amend the Laws concerning Prisons,' or where such prison shall be situated within a borough having a separate court of sessions of the peace, it shall be deemed a house of correction for such borough.

L. And it is declared and enacted, That the provisions of the Lands Clauses Consolidation Act, 1845, shall apply to the purchase of lands by the treasurer of any such court for the purposes of this Act, except so much thereof as relates to the purchase and taking of lands otherwise than by agreement; and in construing the said Act the treasurer acting with the approval of one of Her Majesty's principal Secretaries of State shall be deemed the promoter of the undertaking for which such lands are required.

LI. That for the purpose of defraying the expenses of building, purchasing, or providing any messuages and lands for the purposes aforesaid, it shall be lawful for the said treasurer to borrow and take up at interest so much money as he shall find to be necessary, the amount thereof, and the rate of interest in each case, being first allowed by the said Commissioners of Her Majesty's Treasury; and the treasurer may enter into and execute such securities as may be required, and the securities so entered into shall be binding on him and his successors in the office of treasurer for securing repayment of the monies borrowed, with interest for the same, out of the general fund hereinafter mentioned, and shall enter in a book belonging to the court, to be kept by him for that purpose, the names of the several persons by whom any money shall be advanced for the purpose aforesaid, in the order in which the same shall be advanced, and the monies so borrowed shall be paid off in the

same order.

LII. That for raising a fund for providing a court house and offices, and for paying off any monies which may be borrowed as aforesaid, and the interest due in respect thereof, the clerk of every court holden under the authority of this Act, in which and while it shall be necessary to raise such fund, shall demand and receive from the plaintiff in any suit brought in that