Page:History of the Fylde of Lancashire (IA historyoffyldeof00portiala).pdf/222

 a Court-house, or some convenient place appointed in each of the said Parishes." Each commissioner on being elected took the following oath:—

"I * * do swear That I will faithfully, impartially, and honestly, according to the best of my Judgement, hear and determine all such Matters and Causes as shall be brought before me, by virtue of an Act of Parliament, for the more easy and speedy Recovery of small Debts, within the Parishes etc.; without Favour or Affection, Prejudice or Malice, to either Party. So help me God."

Edward Whiteside and Simon Russell were elected, respectively, clerk and sergeant of this court, and James Standen, of Poulton, in consideration of having advanced money to pay the expenses of obtaining the act and providing suitable accommodation for its administration, had authority given to him and his heirs to appoint a person to be clerk or sergeant as often as either of those offices should become vacant, until the sum so advanced with lawful interest had been repaid; after which the appointments were to be filled up by a majority of votes at a special meeting of the commissioners, not less than eleven being present. For the better regulation of the proceedings it was enacted that a majority, amounting to five, of the commissioners assembled in court should have full power and authority to make, as often as occasion required, such rules and orders for the better management of the court as might seem necessary and conducive to the purposes of the act, provided always such rules or orders did not abridge or alter the scale of fees as at first arranged, and were consistent with equity and the true intent of the act. In the event of anyone neglecting to comply with an order from this court for the payment of money owing an execution was awarded against the body or goods of the debtor, if the former, the sergeant was, by a precept under the hand and seal of the clerk, "empowered and required to take and apprehend, or cause to be taken and apprehended, such party or parties, being within any of the parishes or townships aforesaid, and convey him, her, or them, to some common gaol, or house of correction, within the county palatine of Lancaster, there to remain until he, she, or they, had performed and obeyed such order, decree, or judgment, so as no person should remain in confinement upon any such execution, for any longer space of time than three months." In the case of goods the sergeant was similarly empowered "to levy by distress and sale of goods, of such party, being