Offices in Court of Chancery, etc. Act 1835
| Jurisdiction | UK Non-devolved |
| Citation | 1835 c. 82 |
| Year | 1835 |
(5 & 6 Will. 4) C A P. LXXXII.
[10th September 1835]
'WHEREAS by an Act passed in the Third and Fourth Years of the Reign of His present Majesty, intituledAn Act for the Abolition of Fines and Recoveries, and for the Substitutionof more simple Modes of Assurance , it is enacted, that after the Thirty-first Day of December One thousand eight hundred and thirty-three no Fine shall be levied or Common Recovery suffered of Lands of any Tenure, and that every Fine or Common Recovery levied or suffered contrary to the Provision of that Act shall be absolutely void, save and except in Cases where a Writ of Dedimus or other Writ in the regular Proceedings of such Fine or Recovery shall have been sued out on or before the said Thirty-first Day of December One thousand eight hundred and thirty-three: And whereas by the Operation of the said Act the Business of certain Offices in the Court of Common Pleas and of the Alienation Office has almost wholly ceased; and it is expedient that the said Offices should be abolished, and the few Duties remaining to be performed transferred to some other Officer:' Be it therefore enacted by the King'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, That from and after the Thirty-first Day of December Onethousand eight hundred and thirty-five the several Offices in His Majesty's Court of Common Pleas hereafter mentioned, namely, of the Chirographer, and the Secondary Register and Clerks of Counties in the Office of the Chirographer, of the Clerk of the King's Silver, and of the Clerk of the Return Office and of the Inrolment of Writs for Fines and Recoveries, and also the several Offices in the Alienation Office, consisting of Two Commissioners, a Receiver General, Two Entering Clerks, a Master in Chancery appointed for taking Affidavits, and an Office Keeper, shall be and the same are hereby abolished.
II Records, &c. transferred to the Registrar in London under 3 & 4 W. 4. c. 74. subject to Orders of the Court of Common Pleas.
II. And be it further enacted, That the several Records, Books, and other Documents of and concerning the Duties and Business of the said Offices so abolished as aforesaid shall on or before the said Thirty-first Day ofDecember be delivered by the several Officers or Persons now having Custody of the same into the Hands and Possession of the Officer of the Court of Common Pleas at Westminster for the Time being appointed or to be appointed by the Lord Chief Justice of the Court of Common Pleas, for the Purpose of examining, filing, and recording all Certificates of the taking of Acknowledgments by Married Women of Deeds under the Provisions of the said in part recited Act, to be by him kept and preserved; subject nevertheless to such Rules, Orders, and Regulations as the Court of Common Pleas shall or may from Time to Time make or ordain in respect of the same.
III Business of abolished Offices transferred to the Registrar under 3 & 4 W. 4. c. 74.
III. And be it further enacted, That from and after the said Thirty-first Day ofDecember , in all such Cases where Parties intending to levy a Fine or suffer a Common Recovery shall on or before the Thirty-first Day of December One thousand eight hundred and thirty-three have sued out a Writ of Dedimus or any other Writ in the regular Proceedings of such Fine or Recovery, the Proceedings, Matters, and Things usually done, performed, filed, or recorded by the Officers whose Offices are hereby abolished, or any of them, which are by Law required or needful to be done, performed, filed, or recorded in respect of every such Fine or Recovery, shall be done, performed, filed, or recorded by the said Officer of the Court of Common Pleas for the Time being appointed or to be appointed for examining, filing, and recording the before-mentioned Certificates; and the Proceedings, Matters, and Things in all such Fines and Recoveries so done, performed, filed, or recorded by the said Officer of the Court of Common Pleas shall from and after the Thirty-first Day of December One thousand eight hundred and thirty-five be as full and effectual to all Intents and Purposes in Law and Equity as if the said Proceedings, Matters, and Things had been done, performed, filed, and recorded by the Officers whose Offices are hereby abolished; any Law, Custom, or Usage to the contrary notwithstanding: Provided...
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