JB/004/016/002

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Stay of execution and securityXLII. Provided always, and it is hereby further Enacted, That
no execution shall issue on any judgement until Fourteen days shall have
elapsed after the trial of the cause; and if notice shall have been given
before such execution issues of a motion to the Judge of assize, the execution
shall not be issued
but it shall be lawful for the Judge in
Ordinary to order the party against whom the judgement has been signed
to pay the amount thereof into the hands of the Registrar, and to find
security for the costs of the cause and also of the intended application
by motion.

Setting down motions.XLIII. And be it Enacted, That the said Registrar shall transmit to
the marshal of the said judge of assize a copy of the notices of motions
one week before the commission day aforesaid, and the names of the
causes to which such notices refer shall be added to the cause paper
of the said Judge, next after the causes set down for trial.

Hearing of motions.XLIV. And be it Enacted, That every such motion shall be heard
by the said Judge of assize, with the assistance of the Judge in Ordinary
appointed by this Act, from whose Court the said motion comes; and
if the judge of assize shall think it fit that any of the said motions should
be heard by the other Judge of assize also, it shall and may be lawful
for both Judges to hear and dispose of such motion or motions sitting
together, with the assistance of the Judge appointed by that Act: Provided
always, That the said last mentioned Judge shall not have any vote
in determining the matter submitted to the Judge or Judges of assize by
any of the motions aforesaid.

Review of Courts of Westminster by order of Judges of AssizeXLV. And be it Enacted, That if both the Judges of assize
shall consider that any matter submitted to them by such motions as
aforesaid requires the determination of one of the Courts of Westminster
Hall, it shall and may be lawful for them to order a case to be stated
for the opinion of such court as they shall choose to send such case to,
provided the parties are both willing to have the matter so determined;
but if either party prefers having the decision of the said Judges of assize,
they shall decide it: provided, nevertheless, That the party against
whom they so decide may bring the same before one of the Courts of
Westminster Hall, in the manner and subject to the regulations hereinafter
directed.

Decision upon motions.XLVI. And be it Enacted, That the said Judges or Judges of
assize shall have power to order a new trial upon payment of costs,
or not, as he or they shall think fit, regard being had to all the circumstances
of each case or to reverse the decision complained of in matter
of law, and to order a different judgement to be entered in the cause;
and that if he or they shall refuse the motion, it shall and may be lawful
for him or them to give to the party against whom such motion was made,
the costs of such motion, to be taxed by the Registrar of the Court in
which the action was brought.

XLVII. And

Identifier: | JB/004/016/002 "JB/" can not be assigned to a declared number type with value 4.
Date_1	1830-06-21	Marginal Summary Numbering
Box	004	Main Headings	lord brougham displayed
Folio number	016	Info in main headings field
Image	002	Titles	[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]]
Category	printed material	Number of Pages	44
Recto/Verso	recto	Page Numbering	(2-43)
Penner		Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	1937
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