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entered in a book of the Registrar, to be called the Reconcilement Book; and such memorandum shall be final and binding on the said parties, and an examined copy thereof may be given in evidence and shall have the effect of a covenant under seal in all Courts whatever: Provided always, That the party to whom any sum of money is by such memorandum agreed to be paid, shall have execution, as in the case of an action before the Judge in Ordinary, for such sum against the party agreeing to pay, and not paying it at the time so agreed upon; but if a party shall have agreed to do any other thing and shall fail to do it, the other party shall not have execution, but shall and may sue upon such agreement, and for breach of it, as upon a covenant under seal, and for breach of such covenant, or he may sue in a Court of Equity as for a specific performance of the thing or things agreed to be done: Provided always, That it shall be lawful for the said Judge in Ordinary before whom the parties shall have appeared, after he shall have heard and advised upon the matter by them stated, to adjourn if he think fit the further consideration thereof to the next sitting of the Court of Reconcilement, at which sitting the said parties shall declare whether or not they are minded to abide by his advice.
CI. Provided always, and be it further Enacted, That when any parties shall have been heard before any Judge in Ordinary sitting in a Court of Reconcilement, and one or other of the said parties shall sue the other before the said Judge by way of action, plaint, or citation and claim, such party shall annex to his statement a notice, to be filed with the Registrar along with the said statement, that the cause of action plaint or claim is some matter already heard before the said Judge; and if the party suing shall omit to annex such notice, the party sued may annex it to his answer, plea or articles; and the Registrar, upon such notice being so annexed by either party, shall make our a certificate of the matter thereof, whereupon the proceedings before the said Judge shall cease, and the matter of the said suit shall and may be carried before a Judge in Ordinary of some adjoining county, notwithstanding that the party sued shall not reside therein, any thing in this Act to the contrary thereof in anywise notwithstanding: provided further, that the costs incurred by beginning the proceedings before the first-mentioned Judge in Ordinary shall be costs in the cause.
CII. And be it Enacted, That if any person appointed to act under this Act shall receive or take in any manner of way, or under any pretence whatever, any fee, gratuity or emolument, other than and except such as are allowed in and by the Schedules to this Act annexed, he shall forfeit treble the amount of the sums so taken and received, with treble costs, which may be recovered in an action of debt, or by bill, plaint or information in any of His Majesty's Courts of Record in Westminster, and shall further lose such office as he.
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Identifier: | JB/004/023/002 "JB/" can not be assigned to a declared number type with value 4.
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1830-06-21 |
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[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]] |
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44 |
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(2-43) |
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1944 |
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