Common Law Procedure Act 1838
| Jurisdiction | UK Non-devolved |
| Citation | 1838 c. 45 |
| Year | 1838 |
(1 & 2 Vict.) C A P. XLV.
[27th July 1838]
'WHEREAS by an Act passed in the First Year of the Reign of His late Majesty KingWilliam the Fourth, intituled Englandand Wales, it is enacted, that every Judge of the Superior Courts of Common Law, to whatever Court he may belong, shall be authorized to transact such Business, at Chambers or elsewhere, depending in any of the said Courts, as relates to Matters over which the said Courts have common Jurisdiction, and as may according to the Course and Practice of the Court be transacted by a single Judge: And whereas it is expedient that the Authority of the Judges of the said Courts should be extended to any Business which may be transacted by a single Judge in any of the said Courts as herein-after mentioned:' Be it therefore 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 Authorityof the same, That every Judge of the Courts of Queen's Bench, Common Pleas, or Exchequer shall have equal Jurisdiction, Power, and Authority to transact out of Court such Business as may, according to the Course and Practice of the Court, be so transacted by a single Judge, relating to any Suit or Proceeding, in either of the said Courts of Queen's Bench or Common Pleas, or on the Common Law or Revenue Side of the said Court of Exchequer, or relating to the granting Writs of Certiorari or Habeas Corpus, or the admitting Prisoners on Criminal Charges to Bail, or the issuing of Extents or other Process for the Recovery of Debts due to Her Majesty, or relating to any other Matter or Thing usually transacted out of Court, although the said Courts have no common Jurisdiction therein, in like Manner as if the Judge transacting such Business had been a Judge of the Court to which the same by Law belongs.
II Any Judge may exercise such Powers for the Relief of Sheriffs, &c. as may by virtue of 1 & 2 W.4. c. 58. s. 6. be exercised by...
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