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ORDERS IN COUNCIL.

COURT OF RECORD.-BOROUGH OF GREAT YARMOUTH,
EXTENSION OF COMMON LAW PROCEDURE ACT, 1860,

TO.

visions referring to the superior Courts of Common Law at Westminster, or any of them, expressly referred to the said Court of Record for the Borough of Great Yarmouth, called the Borough Court. And Her Majesty is further pleased, by and with the advice aforesaid, to direct that the powers and duties incident to the above-mentioned provisions hereby to be applied which are exercisable by the Court or a Judge shall and may, with respect to matters in the said Court of Record, be exercised by the Recorder of the said city, or save, as aforesaid, by his Deputy, duly appointed, and that the powers and duties incident to the above-mentioned provisions, which are exercisable by the Master or Registrar, shall and may, with respect to matters in the said Court, be exercised by the Registrar thereof.

SION OF COMMON LAW PROCEDURE ACTS AND SUM-
MARY PROCEDURE ON BILLS OF EXCHANGE ACT TO.

The following Order in Council has been issued :—

The following Order in Council has been issued :— May 12. WHEREAS, by "The Common Law Procedure Act, 1860," it is enacted, among other things, that 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 the said Act shall apply to all or any Court or Courts of Record in England and Wales, and that 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 that any such Order may be, in like manner, from COURT OF RECORD.—PROVOST COURT, EXETER-EXTENtime to time altered and annulled. And that in and by such Order Her Majesty may direct by whom any powers or duties incident to the provisions applied under the said 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. And, whereas, by "The Borough and Local Courts of Record Act, 1872," it is enacted that it shall be lawful for Her Majesty, from time to time, by an Order in Council, to direct, among other things, that all or any part of the provisions set forth in the schedule to the said Act shall apply to all or any Local Court or Courts of Record in England or Wales, and that 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 that any such Order may be in like manner, from time to time, altered and annulled, and that in and by such Order Her Majesty may alter and modify such provisions as are mentioned in the schedule, so as to adapt the same to the constitution, jurisdiction, and procedure of any such Court or Courts, and may direct by whom and at what time or times any powers and duties incident to the provisions applied under the said 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 80 applied. And whereas it has seemed fit to Her Majesty, by and with the advice of Her Privy Council, that certain of the provisions of the said Common Law Procedure Act, 1860, and of the rules made and to be made in pursuance thereof, and also that, subject to the following alterations and modifications, the provisions of the said schedule to the Borough and Local Courts of Record Act, 1872, should be extended and apply to the Court of Record of the Borough of Great Yarmouth, called the Borough Court, in manner hereinafter directed: Now, therefore, Her Majesty, by and with the advice aforesaid, is pleased to order, and it is hereby ordered, that the several hereinafter mentioned provisions of "The Common Law Procedure Act, 1860," contained in the sections of the said Act, numbered 1 to 11 inclusive, sections 19, 20, 21, and 25, sections 28 to 31 inclusive, sections 34 to 36 inclusive, shall be applied to the said Court of Record for the Borough of Great Yarmouth, called the Borough Court, in such manner that the pleadings in the said Court shall, as heretofore, be filed in Court in lieu of being delivered; and Her Majesty is further pleased, by and with the advice aforesaid, to order, and it is hereby ordered, that, subject to the alterations and modifications hereinafter set forth, and to such orders, rules, and regulations as Her Majesty, by Order in Council, shall from time to time direct as to the appointment of a Deputy or AssistantJudge under section 7 of the said Borough and Local Courts of Record Act, 1872, the provisions contained in the schedule of the said lastmentioned Act, shall be extended and apply to the Court of Record for the Borough of Great Yarmouth, called the Borough Court, provided always, and it is hereby ordered, that the powers given by the second clause of the said schedule to the said Borough and Local Courts of Record Act, 1872, shall in every case be exercised either by the Judge himself, or by a Deputy or Assistant-Judge duly appointed under section 7 of the said Act or otherwise, such Deputy or Assistant-Judge being a barrister of not less than seven years standing, but that none of such powers shall be capable of being exercised by any Deputy or Assistant-Judge not being such barrister. And Her Majesty, by and with the advice aforesaid, is further pleased to direct that such provisions of "The Common Law Procedure Act, 1860," as are ordered hereby to be applied as aforesaid to the said Court of Record for the Borough of Great Yarmouth, called the Borough Court, shall apply to the said Court in such manner as if the several expressions in such pro

May 12. WHEREAS by "The Common Law Procedure Act, 1852," it is enacted, among other things, that 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 the said Act, or of the rules to be made in pursuance thereof, shall apply to all or any Court or Courts of Record in England or Wales, and within one month after such order shall have been made and published in the London Gazette, such provisions and rules respectively shall extend and apply in manner directed by such Order, and that any such Order may be in like manner, from time to time, altered or annulled. And whereas by "The Common Law Procedure Act, 1854," it is enacted, amongst other things, that 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 that Act or of the rules made in pursuance thereof, shall apply to all or any Court or Courts of Record in England and Wales; and that within one month after such Order shall have been made and published in the London Gazette, such provisions and rules shall extend and apply in manner directed by such Order, and that any such Order may be in like manner, from time to time, altered or annulled; and that in and by such Order Her Majesty may direct by whom any powers or duties incident to the provisions applied under the said Acts shall and may be exercised with respect to matters in such Court or Courts, and may make any orders and regulations which may be deemed requisite for carrying into operation in such Court or Courts the provisions so applied. And whereas, by "The Summary Procedure on Bills of Exchange Act, 1855," it is enacted that 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 that Act shall apply to all or any Court or Courts of Record in England and Wales, and that, 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 in like manner, from time to time, be altered and annulled, and in and by such Order Her Majesty may direct by whom any powers or duties incident to the provisions applied under the said 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. And whereas, by "The Common Law Procedure Act, 1860," it is amongst other things enacted, that 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 the said Act, or of the rules to be made in pursuance thereof, shall apply to all or any Court or Courts of Record in England and Wales, and that within one month after such Order shall have been made and published in the London Gazette, such provisions and rules respectively 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 that in and by such Order, Her Majesty may direct by whom any powers or duties incident to the provisions applied under the said 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.

And whereas by the Borough and Local Courts of Record Act, 1872, it is enacted that it shall be lawful for Her Majesty from time to time, by an Order in Council, to direct, among other things, that all or any part of the provisions set forth in the schedule of the said Act shall

apply to all or any Local Court or Courts of Record in England or Wales, and that 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 that any such Order may be in like manner from time to time altered and annulled, and that in and by such Order Her Majesty may alter and modify such provisions as are mentioned in the schedule, so as to adapt the same to the constitution, jurisdiction, and procedure of any such Court or Courts, and may direct by whom, and at what time or times, any powers and duties incident to the provisions applied under the said 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:

And whereas it has seemed fit to Her Majesty, by and with the advice of Her Privy Council, that certain of the provisions of the said Common Law Procedure Act, 1852, and of the Common Law Procedure Act, 1854; the Summary Procedure on Bills of Exchange Act, 1855; the Common Law Procedure Act, 1860; and also that, subject to the following alterations and modifications, the provisions of the said schedule to the Borough and Local Courts of Record Act, 1872, should be extended and apply to the Court of Record of the city and county of the city of Exeter, called the Provost Court, in manner hereinafter directed:

Now, therefore, Her Majesty, by and with the advice aforesaid, is pleased to order, and it is hereby ordered, that certain portions of the Common Law Procedure Act, 1852, that is to say, the provisions contained in Sections 2 to 8, both inclusive (except so much as relates to the form and teste of the writs of summons); sections 11, 13, 15, 16, 17, 20, 25 to 40, both inclusive; section 41 (except so much thereof as relates to causes of action in different counties); sections 42 to 68, both inclusive; section 69 (except the words, "and such plea may, when necessary, be pleaded at nisi prius between the 10th of August and the 24th of October "); sections 70 to 100, both inclusive); sections 116, 117, 118, 119, 123, 124, 125, 128, 129, 130, 131 (so far as and inclusive of the words "to the like effect" in that section); sections 133 to 138, both inclusive; 139 (except the words "two terms," which shall be read as if they were "three months") 140, 141, 142, 143 (except so much thereof as relates to a motion in arrest of judgment, pursuant to 1 Will. 4. c. 7); 144, 145, 168 to 177, both inclusive; 178 (except the word "Sheriff," which shall be read to mean the proper officer of the Court): 179, 180, 181, 183, 184, 185, 186 (except in both the said sections 185 and 186, the words "not exceeding the fifth day in term after the verdict," and also the words "if no such order be made, then on the fifth day in term after the verdict or within fourteen days after the verdict, whichever shall first happen "); 187 to 202, both inclusive (so that the last-mentioned section shall apply to the sitting of the Court for the trial of causes in lieu of the sittings or assizes referred to in such section); 203 to 207, both inclusive; 209 to 216, both inclusive; and 218 to 222, both inclusive; 225 and 226, and section 227, commencing with the words "and wherever in this Act" unto the end; and the schedules thereto (but so that the forms in the said schedules may be modified as the procedure and jurisdiction of the Court and circumstances may require) shall be applied to the said Court of Record for the city and county of the city of Exeter, called the Provost Court; And Her Majesty is further pleased, by and with the advice aforesaid, to order, and it is hereby ordered, that certain portions of the Common Law Procedure Act, 1854, that is to say, the provisions con

DATY.

tained in sections 1, 3, 4, 5 (except the words "or upon any reference by consent of parties where the submission is or may be made a rule or order of any of the superior courts of law or equity at Westminster, if he shall think fit, and if it is not provided to the contrary"), 6 to 31 both inclusive, 60 to 67 both inclusive, 78 to 86 both inclusive, 89, 92, 93, and 96 of the said Act shall be applied to the said Court of Record for the city and county of the city of Exeter, called the Provost Court. And Her Majesty is further pleased, by and with the advice aforesaid, to order, and it is hereby ordered, that the several hereinafter mentioned provisions of the Common Law Procedure Act, 1860, contained in the sections of the said Act numbered 1 to 11 inclusive, sections 19, 20, 21, and 25, sections 28 to 31 inclusive, sections 34 to 36 inclusive, shall be applied to the said Court of Record for the city and county of the city of Exeter, called the Provost Court, in such manner that the pleadings in the said court shall, as heretofore, be filed in court in lieu of being delivered.

And Her Majesty is further pleased, by and with the advice aforesaid, to order, and it is hereby ordered, that, subject to the alterations and modifications hereinafter set forth, and to such orders, rules, and regulations as Her Majesty by Order in Council shall from time to time direct as to the appointment of a Deputy or Assistant-Judge under section 7 of the said Borough and Local Courts of Record Act, 1872, the provisions contained in the schedule of the said last-mentioned Act shall be extended and apply to the Court of Record for the city and county of the city of Exeter, called the Provost Court: Provided always, and it is hereby ordered, that the powers given by the second clause of the said Schedule to the said Borough and Local Courts of Record Act, 1872, shall, in every case, be exercised either by the Judge himself or by a Deputy or Assistant-Judge, duly appointed under section 7 of the said Act or otherwise, such Deputy or Assistant-Judge being a barrister of not less than seven years' standing, and that none of such powers shall be capable of being exercised by any Deputy or AssistantJudge not being such barrister.

And Her Majesty, by and with the advice aforesaid, is further pleased to direct that such provisions of the Common Law Procedure Act, 1852, the Common Law Procedure Act, 1854, the Summary Procedure on Bills of Exchange Act, 1855, the Common Law Procedure Act, 1860, as are ordered hereby to be applied as aforesaid to the said Court of Record for the city and county of the city of Exeter called the Provost Court, shall apply to the said court in such manuer as if the several expressions in such provisions referring to the superior Courts of Common Law at Westminster, or any of them, expressly referred to the said Court of Record for the city and.county of the city of Exeter called the Provost Court. And Her Majesty is further pleased, by and with the advice aforesaid, to direct that the powers and duties incident to the above-mentioned provisions hereby to be applied, which are exerciseable by the Court or Judge, shall and may, with respect to matters in the said Court of Record, be exercised by the recorded of the said city or town as aforesaid, by his deputy duly appointed, and that the powers and duties incident to the above-mentioned provisions, which are exercisable by the master or registrar, shall and may, with respect to matters in the said Court, be exercised by the registrar thereof.

And Her Majesty is further pleased, by and with the advice aforesaid, to order and it is hereby ordered, that the provisions of the Summary Procedure on Bills of Exchange Act, 1855, excepting those contained in sections 8, 9, and 10, shall be applied to the said Court of Record for the city and county of the city of Exeter called the Provost Court.

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witnesses before exmner.

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limited. motn. for decree

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