Ecclesiastical Courts Jurisdiction Act, 1860

Abolition of jurisdiction of ecclesiastical courts in suits for brawling against persons not in holy orders, &c.

1. It shall not be lawful for any ecclesiastical court in England . . . to entertain or adjudicate upon any suit or cause of brawling against any person not being in holy orders . . . and in the case of every person committed or to be committed to gaol under any writ de contumace capiendo, issued in consequence of any proceedings before any ecclesiastical court in any cause or suit for defamation of character, or, where such person is not in holy orders, for brawling, the judge of the ecclesiastical court before whom such proceedings shall have been had shall make an order upon the officer in whose custody such person shall be at any time hereafter for discharging such person out of custody; and such officer shall on the receipt of such order forthwith discharge such person; and it shall not be necessary for such person to take any oath of future obedience to his or her ordinary: Provided always, that such order shall not be made unless the costs lawfully incurred in any such suit shall have been previously paid into the registry of such ecclesiastical court; . . .