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Bills of Exchange and Promissory Notes. and to defend the Action, if it shall appear to be reasonable to the Court or Judge so to do, and on such Terms as to the Court or
Judge may seem just. Judge may or- IV. In any Proceedings under this Act it shall be competent der Bill to be to the Court or a Judge to order the Bill or Note sought to be deposited with
proceeded upon to be forthwith deposited with an Officer of the Officer of Court
Court, and further to order that all Proceedings shall be stayed
until the Plaintiff shall have given Security for the Costs thereof. Remedy for Re- V. The Holder of every dishonoured Bill of Exchange or covery of Ex- Promissory Note shall have the same Remedies for the Recovery penses of noting of the Expenses incurred in noting the same for Nonacceptance Nonacceptance.
or Nonpayinent, or otherwise, by reason of such Dishonour, as he has under this Act for the Recovery of the Amount of such
Bill or Note. Holder may is- VI. The Holder of any Bill of Exchange or Promissory Note sue One Sum- may, if he think fit, issue One Writ of Summons, according to mons against all this Act, against all or any Number of the Parties to such Bill or any of the Parties to Bill.
or Note, and such Writ of Summons shall be the Commencement of an Action or Actions against the Parties therein named respectively, and all subsequent Proceedings against such respective Parties shall be in like Manner, so far as may be, as if separate
Writs of Summons had been issued. Incorporation of VII. The Provisions of the Common Law Procedure Act, Common Law
1852, and the Common Law Procedure Act, 1854, and all Rules Procedure Acts made under or by virtue of either of the said Acts, shall, so far and Rules.
as the same are or may be made applicable, extend and apply to
all Proceedings to be had or taken under this Act. Act to apply to VIII. The Provisions of this Act shall apply, as near as may Courts of Com- be, to the Court of Common Pleas at Lancaster and the Court of mon Pleas, Lan- Pleas at Durham, and the Judges of such Courts, being Judges caster and Durham.
of One of the Superior Courts of Common Law at Westminster, shall have Power to frame all Rules and Process necessary
thereto. Her Majesty IX. It shall be lawful for Her Majesty from Time to Time, by may direct Act
an Order in Council, to direct that all or any Part of the Provito apply to
sions of this Act shall apply to all or any Court or Courts of Record Courts of Record in England
in England and Wales, and within One Month after such Order and Wales. shall have been made and published in the London Gazette such
Provisions shall extend and apply in manner directed by such Order, and any such Order may be, in like Manner, from Time to Time altered and annulled ; and in and by any such Order Her Majesty may direct by whom any Powers or Duties incident to the Provisions applied under this Act shall and may be exercised with respect to Matters in such Court or Courts, and may make any Orders or Regulations which may be deemed requisite for carrying into operation in such Court or Courts the Provi.
sions so applied. Extent of Act. X. Nothing in this Act shall extend to Ireland or Scotland. Short Title. XI. In citing this Act in any Instrument, Document, or Pro
ceeding, it shall be sufficient to use the Expression “ The Summary Procedure on Bills of Exchange Act, 1855.".
Bills of Exchange and Promissory Notes.
SCHEDULES referred to in the foregoing Act.
A. VICTORIA, by the Grace of God, &c. To C.D., of
in the County of We warn you, That unless within Twelve Days after the Service of this Writ on you, inclusive of the Day of such Service, you obtain Leave from One of the Judges of the Courts at Westminster to appear, and do within that Time appear in Our Court of
in an Action at the Suit of A.B., the said A.B. may proceed to Judgment and Execution. Witness, &c.
Memorandum to be subscribed on the Writ. N.B.—This Writ is to be served within Six Calendar Months froin the Date hereof, or if renewed, from the Date of such Renewal, including the Day of such Date, and not afterwards.
Indorsement to be made on the Writ before Service thereof. This Writ was issued by E.F., of
Attorney for the Plaintiff. Or, This Writ was issued in Person by A.B., who resides at (mention the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of the Plaintiff's Residence].
Indorsement. The Plaintiff claims [
Pounds Principal and Interest), or
Pounds Balance of Principal and Interest due to him as the Payee (or Indorsee] of a Bill of Exchange or Promissory Note, of which the following is a Copy :
[flere copy Bill of Exchange or Promissory Note, and all In
dorsements upon it.] And if the Amount thereof be paid to the Plaintiff or his Attorney within
Days from the Service hereof, further Proceedings will be stayed.
NOTICE. Take notice, That if the Defendant do not obtain Leave from One of the Judges of the Courts within Twelve Days after having been served with this Writ, inclusive of the Day of such Service, to appear thereto, and do within such Time cause an Appearance to be entered for him in the Court out of which this Writ issues, the Plaintiff will be at liberty at any Time after the Expiration of such Twelve Days to sign final Judgment for any Sum not exceeding the Sum above claimed, and the Sum of
Pounds for Costs, and issue Execution for the same.
Leave to appear may be obtained on an Application at the Judges Chambers, Serjeants Inn, London, supported by Affidavit showing that there is a Defence to the Action on the Merits, or that it is reasonable that the Defendant should be allowed to appear in the Action.
Bills of Exchange and Promissory Notes.
Indorsement to be made on the Writ after Service thereof.
the Defendants), on Monday the
in the Year of our Lord 18 [Day of signing Judgment].
ENGLAND (to wit). A.B. in his own Person (or by his Attorney) sued out a Writ against C.D., indorsed as follows :
[Here copy Indorsement of Plaintiff"'s Claim] and the said C.D. has not appeared :
Therefore it is considered that the said A.B. recover against the said C.D.
Pounds, together with
CA P. LXVIII.
[23d July 1855.] DE it enacted by the Queen's most Excellent Majesty, by and B
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: Short Title. I. This Act may be cited as the “Burial Grounds (Scotland)
Act, 1855." Parochial
II. In the Execution of this Act in Parishes not within the Board to carry Limits, prescribed or established under the Act passed in the into execution
Session of Parliament held in the Seventeenth and Eighteenth this Act.
Years of the Reign of Her present Majesty, intituled An Act for the Valuation of Lands and Heritages in Scotland, of any Burgh sending or contributing to send a Member to Parliament, “Parochial Board ” shall be held to signify the Parochial Board for the Management of the Poor, where such Parishes are not combined for such Management, and where such Parishes are so combined the Parochial Board under this Act shall signify and be composed of such Members of the combined Board as are assessed for Relief of the Poor either in respect of Occupancy or Ownership within each Parish respectively; and the Manner of holding and of transacting Business at Meetings of such Parochial Boards under this Act shall be similar to the Manner in use in respect of the Management of the Poor; and in Parishes within the aforesaid Limits of any Burgh aforesaid the Town Council of the Burgh shall be held to be the Parochial Board of such Parish under this Act : Provided always, that where, within the aforesaid Limits of any Burgh aforesaid, there is included a Burgh of Regality, the Magistrates of such Burgh of Regality shall, notwithstanding anything herein-before enacted, be held to be the Parochial Board of any Parish within, or forming Part of such Burgh of Regality.
Burial Grounds (Scotland).
III. Where any Parish is partly within and partly without the Provision as to Limits of such Burgh aforesaid, it shall be lawful for the Sheriff Parishes partly of the County within which such Parish or the greater Part burghal. thereof is situated, on Application to him by any Two Members of the Parochial Board of such Parish, or by any Ten Persons assessed for Relief of the Poor within such Parish, or by any Two or more Householders residing within one hundred Yards of any Burial Ground or proposed Burial Ground within such Parish, and on giving Notice by Advertisement in the Edinburgh Gazette and such Newspapers of local Circulation as he may deem fitting, and hearing any Parties having Interest, to determine whether such Parish shall be held to be a Parish within or without the Limits of the said Burgh for the Purposes of this Act, and an Interlocutor so determining shall receive Effect and be as valid as if the same was set forth in this Act; and it shall not be competent to make any new Application to the Sheriff for his Determination in respect to such Parish till after the Lapse of Five Years from the Date of his last Determination respecting the same.
IV. It shall be lawful for any Two Members of the Parochial Proceedings on Board of any Parish in Scotland, or for any Ten Persons assessed Complaints of for Relief of the Poor within such Parish, or for any Two Danger to Householders residing within One hundred Yards of any Burial
Health. Ground or proposed Burial Ground, to present a Petition to the Sheriff of the County within which such Burial Ground or proposed Burial Ground is situated, setting forth that a Burial Ground within such Parish or such Distance is or would be dangerous to Health, or offensive or contrary to Decency, and the Sheriff shall thereupon fix a Day, being not less than Ten nor more than Twenty Days after such Petition is presented, for inquiring into the Allegations contained therein, and shall appoint Intimation thereof to be made by Advertisement in the Edinburgh Gazette and in sach Newspapers of local Circulation as he shall deem fitting, and on hearing the Petition shall permit all Parties whom he shall judge to have an Interest to appear and be heard in such Manner as he shall deem fitting, and if on such Hearing he shall be of opinion that any of the aforesaid Allegations are true, he shall pronounce an Interlocutor to such Effect, and shall transmit a Copy thereof to One of Her Majesty's Principal Secretaries of State : Provided, that it shall not be competent to present any such Petition to the Sheriff, except with Concurrence of the Procurator Fiscal, till after the Lapse of Five Years from the Date of any Petition to the like Effect baving been dismissed.
v. It shall be lawful for Her Majesty, from Time to Time, by On RepresenOrder in Council, upon the Representation of One of Her Prin- tation of Secrecipal Secretaries of State that a copy of such Interlocutor of a tary of State, Sheriff has been received by him, in pursuance thereof to order Council may re
Her Majesty in that no new Burial Ground shall be opened within certain Limits strain the openspecified in such Order, save with the previous Approval of One ing of new Buof such Secretaries of State, or (as the Case may require) that rial Grounds, after a Time mentioned in the Order Burials within certain Limits, and order Disor in certain Burial Grounds or Places of Burial, shall be discon- Burials in spetinued wholly, or subject to any Exceptions or Qualifications men- cified Places.
Burial Grounds (Scotland.)
tioned in such Order, and such Order in Council shall thereupon have like Force and Effect as if the same were embodied in this Act: Provided always, that Notice of such Representation, and of the Time it shall please Her Majesty to order the same to be taken into consideration by the Privy Council, shall be transmitted to the Crown Agent in Edinburgh and the Sheriff Clerk of the County in which such Burial Ground is situated; and the same shall be by them respectively published in the Edinburgh Gazette, and fixed on the Doors of the Church of or on some other conspicuous Places within the Parishes affected by such Representation, One Month before such Representation is so con
sidered. Penalties. VI. Every Person who shall after the Time mentioned in such
Order in Council bury any Body, or in anywise act or assist in or permit the Burial of any Body, in any way contrary to such Order, shall be liable for each such Offence to be imprisoned for any Period not exceeding Two Calendar Months, or to pay a Penalty
not exceeding Twenty Pounds. Order not to VII. No such Order in Council as aforesaid shall be deemed extend to Bu
to extend to any Burial Ground of the People called Quakers, or rial Grounds of Quakers or
of the Persons of the Jewish Persuasion, used solely for the Burial Jews, unless ex- of the Bodies of such People and Persons respectively, unless the pressly included. same be expressly mentioned in such Order, or shall be deemed
to extend to any Non-parochial Burial Ground, being the Property of any private Person, unless the same be expressly men
tioned in such Order. Saving of cer- VIII. Provided always, That, notwithstanding any such Order tain Rights to in Council, where at the Time of the passing of this Act any bury in Vaults, Person shall be entitled to any Right of Interment in or under &c.
any Church or Chapel or within any Churchyard or Burial Ground affected by such Order, it shall be lawful for One of Her Majesty's Principal Secretaries of State, from Time to Time, on Application being made to him, and on being satisfied that the Exercise of such Right will not be injurious to Health, to grant Licence for the Exercise of such Right during such Time and subject to such Conditions and Restrictions as such Secretary of State may think fit, but such Licence shall be revocable at any Time, and shall not give to the Holder of such Right, or to any other Party, any other Power than he would have had if this Act had not
been passed. Upon Requisi- IX. Although no Burial Ground in the Parish has been closed tion of Ratepay- by Order in Council
, the Inspector of the Poor of any Parish not ers, &c. Meet, within Burgh, and the Town Clerk in the Case of any Parish ing of Parochial Board to be con
within Burgh, shall be bound, upon the Requisition in Writing of vened, to deter- Ten or more Persons assessed for Relief of the Poor of the Parish, mine whether or upon the Requisition in Writing of any Two or more Members Burial Ground of the Parochial Board of the Parish, to convene a Special Meetshall be pro
ing of the Parochial Board of such Parish, for the Purpose of vided.
determining whether a Burial Ground shall be provided under this Act for the Parish ; and if a Majority of such Meeting of the Parochial Board shall resolve that a Burial Ground shall be provided under this Act for the Parish, such new Burial Ground