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Judge may order Bill to be deposited with Officer of Court.

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.

IV. In any Proceedings under this Act it shall be competent to the Court or a Judge to order the Bill or Note sought to be proceeded upon to be forthwith deposited with an Officer of the 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 Nonpayment, 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 issue One Sum

mons against all

or any of the Parties to Bill.

Incorporation of
Common Law

Procedure Acts

and Rules.

Act to apply to Courts of Common Pleas, Lan

caster and Durham.

Her Majesty

may direct Act to apply to Courts of Record in England and Wales.

Extent of Act.
Short Title.

VI. The Holder of any Bill of Exchange or Promissory Note may, if he think fit, issue One Writ of Summons, according to this Act, against all or any Number of the Parties to such 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.

VII. The Provisions of the Common Law Procedure Act, 1852, and the Common Law Procedure Act, 1854, and all Rules made under or by virtue of either of the said Acts, shall, so far as the same are or may be made applicable, extend and apply to all Proceedings to be had or taken under this Act.

VIII. The Provisions of this Act shall apply, as near as may be, to the Court of Common Pleas at Lancaster and the Court of Pleas at Durham, and the Judges of such Courts, being Judges of One of the Superior Courts of Common Law at Westminster, shall have Power to frame all Rules and Process necessary thereto.

IX. It shall be lawful for Her Majesty from Time to Time, by an Order in Council, to direct that all or any Part of the Provisions of this Act shall apply to all or any Court or Courts of Record in England and Wales, and within One Month after such Order 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 Provisions so applied.

X. Nothing in this Act shall extend to Ireland or Scotland. XI. In citing this Act in any Instrument, Document, or Proceeding, it shall be sufficient to use the Expression "The Summary Procedure on Bills of Exchange Act, 1855.”

SCHE

Bills of Exchange and Promissory Notes.

SCHEDULES referred to in the foregoing Act.

A.

VICTORIA, by the Grace of God, &c.

in the County of

To C.D., 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 from 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].

The Plaintiff claims [

Indorsement.

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 :

[Here copy Bill of Exchange or Promissory Note, and all Indorsements upon it.]

And if the Amount thereof be paid to the Plaintiff or his Attorney within Days from the Service hereof, further Pro

ceedings 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.

Indorse

Bills of Exchange and Promissory Notes.

Indorsement to be made on the Writ after Service thereof.

This Writ was served by X. Y. on L.M. (the Defendant the Defendants), on Monday the

Day of

In the Queen's Bench.

On the

18,

B.

Day of

By X.Y.

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

Pounds for Costs of Suit.

CA P. LXVIII.

Short Title.

Parochial

into execution

this Act.

An Act to amend the Laws concerning the Burial of the
Dead in Scotland.
[23d July 1855.]

E it 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:

I. This Act may be cited as the "Burial Grounds (Scotland) Act, 1855."

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 Session of Parliament held in the Seventeenth and Eighteenth 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.

III. Where

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.

Health.

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 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 such 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 having been dismissed.

On Representation of Secretary of State, Her Majesty in

V. It shall be lawful for Her Majesty, from Time to Time, by Order in Council, upon the Representation of One of Her Principal Secretaries of State that a Copy of such Interlocutor of a Sheriff has been received by him, in pursuance thereof to order Council may rethat 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, continuance of or 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.

and order Dis

[blocks in formation]

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 considered.

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.

VII. No such Order in Council as aforesaid shall be deemed to extend to any Burial Ground of the People called Quakers, or of the Persons of the Jewish Persuasion, used solely for the Burial of the Bodies of such People and Persons respectively, unless the 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 mentioned in such Order.

VIII. Provided always, That, notwithstanding any such Order in Council, where at the Time of the passing of this Act any Person shall be entitled to any Right of Interment in or under 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.

IX. Although no Burial Ground in the Parish has been closed by Order in Council, the Inspector of the Poor of any Parish not within Burgh, and the Town Clerk in the Case of any Parish within Burgh, shall be bound, upon the Requisition in Writing of Ten or more Persons assessed for Relief of the Poor of the Parish, or upon the Requisition in Writing of any Two or more Members of the Parochial Board of the Parish, to convene a Special Meeting of the Parochial Board of such Parish, for the Purpose of 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

shall

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