Mayor's Court of London Procedure Act 1857
| Jurisdiction | UK Non-devolved |
| Citation | 1857 c. clvii |
ANNO VICESIMO & VICESIMO PRIMO
VICTORIA REGIN.E.
****************************************************
Cap.civii.
An Act for abolishing certain Jurisdiction of the
Sheriffs Courts of the City of London, and for
amending the Process, Practice, and Mode of
Pleading in the Mayor's Court, and for extending
the Jurisdiction
thereof.
[17th August 1857.]
HERE AS there exist in the City of London certain Courts of
Law called respectively the Sheriffs Court of the Poultry
Compter, and the Sheriffs Court of the Giltspur Street
Compter: And whereas it is expedient that certain Functions and
Jurisdiction of the said Sheriffs Courts should be abolished: And
whereas it is expedient to make the Mayor's Court more efficient,
by extending its Powers and simplifying its Practice and Mode of
Procedure: May it therefore please Your Majesty that it may be
enacted; and be 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; (that is to say,)
I. This Act shall commence and come into operation on the First Commence-
Day of October One thousand eight hundred and fifty-seven, ment of Act
W
[Local.] 29 C
II.
In
2586 20° & 21° VICTORIA, Cap.clviL
The Mayors Court of London Procedure Act, 1857.
Short Title, II. In citing this Act in other Acts of Parliament and in legal
Instruments and other Proceedings it shall be sufficient to use the
Expression "The Mayor's Court of London Procedure Act, 1857."
Sheriffs
Court, ex-
cept in cer-
tain Cases.
No Action III. From and after the Commencement of this Act no Action or
brouhUn^6 ^u^ ^or tbe Recovery °f anv Debt or Demand shall be commenced
in the Sheriffs Court either of the Poultry Compter or of the
Giltspur Street Compter, save only and except Pleas of Personal
Actions under the Provisions of the London (City) Small Debts
Act, 1852, which may continue to be brought as heretofore in the
Sheriffs Court without being entitled as of either Compter: Pro-
vided always, that nothing in this Act contained shall be deemed
or construed to take away or diminish the Power or Authority of
the Sheriffs of London or either of them to execute any Writ of
Inquiry or other Writ or Mandate which may be directed to them
by any Court of competent Authority, or by any Judge or Officer
thereof,
or by any Person lawfully authorized to issue the same, or
any Writ of Trial which may be directed to them or either of them
under or by virtue of the Provisions of the Act of Third and Fourth
William the Fourth, Chapter Forty-two, nor to take away or
diminish any other Power or Authority which the Sheriffs of London
or either of them can have or hath or can or may lawfully exercise
by Act of Parliament, Charter, Act of Common Council, Custom,
Prescription, or otherwise howsoever.
In Error
from the
Mayor's
Court, the
Exchequer
Chamber,
and not the
Court of St.
Martin's-le-
Grand, to be
the Court of
Error.
IV. And whereas it is expedient to facilitate the Proceedings in
Error on Matters arising in the Mayor's Court: Therefore, from and
after the Commencement of this Act, no Petition shall be presented
to or be received by the Lord High Chancellor for any Writ of
Error to review any Proceeding in the Mayor's Court, nor shall any
Writ of Error be issued thereout to review any such Proceeding,
nor shall any Writ or other Proceeding be issued to the Court
of Saint Martin's-le-Grand for any Purpose as a Court of Error
to review any Proceeding of the Mayor's Court, but in all Cases
of Error arising on Proceedings in the Mayor's Court the Ex-
chequer Chamber shall be the Court of Error for the Purposes of
this Act, and all Matters in Error shall be proceeded with accord-
ing to the Rules to be framed for that Purpose as is herein-after
expressed.
Special Case V. The Parties in any Action or Foreign Attachment may, after
fbryopkiTond Issue
J°ined'
b^ Consent, and by the Order of the Court, state the
of
Court,
or Facts of the Case in the Form of a Special Case for the Opinion of
CommoT °f the Court» or of any °"e of the Superior Courts, and may agree
Law. ' that Judgment shall be entered thereon for the
Plaintiff,
Garnishee,
or Defendant as the Court or such Superior Court may think fit.
VI.
When
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