Page:Ruffhead - The Statutes at Large - vol 7.djvu/229

 A. D. 1749' Anno vicefimo fecundo Georgii If. C, 47. 185 fpeftively, at the Eleflion of the Plaintiff or Plaintiffs, his, her or their Attorney, who fhall fue out the fame ; and that all Tuch Writs or Procefs which fhall ifTue out of the faid Courts reipeftively, returnable in. the Vacations as aforcfaid, and whereon or wherewith the Defendant or Defendants Ihall be arreftcd or fervcd with a Copy or Copies, fuch Defendant or Defendants fliall appear and file fpecial Bail, or enter a Common Appearance, as the Cafe fliall require, on the Day of fuch Return, or within eight Days next after; and in Cafe of Negleft in bailable Aftions, the Sheriff, Under Sheriff, or other Officer, fhali at the Requefi: and Cofts of the Plaintiff or Plaintiffs, in fuch AcSion or Suit, his, her or their Attorney or Agent, affign to fuch Plaintiff or Plaintiffs, the Bail Bond taken for the Defendant's Appearance upon the Arreft, by Indorfement and Atteflation under his Hand in the Prefence of two or more credible Witneffes ; and the Plaintiff or Plaintiffs in fuch Action, after fuch AlKgnment made, may bring an Action or Suit upon fuch Bail Bond, in his or their own Name or Names ; and the faid Courts may, by Rule or Rules thereof refpeftively, give fuch Relief to the Plaintiffs and Defendants in the Original Adtion, and to the Bail, fo fued upon the Bail Bond, as is agreeable to JulHce and Reafon ; and in cafe of Service, the Copy of Writs or Procefs, returnable in the Vacation Time as aforefaid, and the Defendant or Defendants fo ferved there- with, iliall not appear at the Return of fuch Writ or Procefs, or within eight Days next after the Return thereof as aforefaid, it fhall and may be lawful to and for the Plaintiff or Plaintiffs, in fuch Action, upon Affidavit being made and filed with the Prothonotary of the faid Courts refpedively, or his Deputy, of the Perfonal Service of fuch Procefs as aforefaid, to enter a common Appearance or Appearances for the De- fendant or Defendants, and to proceed thereon, as if- fuch Defendant or Defendants had entered his, her or their Appearance ; and that all Writs which fliall be made returnable in the faid Courts refpectively, on fuch Return Days as aforefaid, fhall and may (in cafe the Plaintiff or Plaintiffs declare according to the Pra£lice of the faid Courts refpeftively) be proceeded upon in like Manner as if the fame had been made re- turnable at the preceding Seffion or Seffion of Aflizes for the faid Counties Palatine refpe£lively ; any Law, Statute, Ufage or Cuflom to the contrary thereof in any wife notwithftanding. ' XXXVI. And whereas a Doubt hath arifen, whether the folemn Affirmation or Declaration of the s Geo. t. c. S» ' People called ^laiers, prefcribed by an AcS made in the eighth Year of the Reign of his late Majefiy ' King George the Firft, (intituled, yf/z AB for granting the People cnikd Qunkers, fuch Forms of Afprma- ' t'lan or Declaration as may remove the Difficulties zvhich tnany of them lie under) can be allowed and taken in- ' flead of an Oath, in any Cafe wherein by any AGt or A6ls of Parliament an Oath is required, uftlefs the ' faid Affirmation or Declaration be by fuch Aft or A6ls of Parliament particularly and exprefly direfled to ' be allowed and taken inftead of fuch Oath ; by Reafon of which Doubt the Teftimony of the faid People ' called ^takers, is frequently refufed, whereby the faid People, and others requiring their Evidence, are ' fubjefted to great Inconveniencies :' Therefore for removing the faid Doubt, Beitena£ted and declared by the Authority aforefaid. That in all Cafes wherein by any A£t or A£ts of Parliament now in Force, or here- Affirmation of after to be made, an Oath is or fhall be allowed, authorized, directed or required, the folemn Affirmation or Quakers allowed Declaration of any of the People called Quakers, in the Form prefcribed by the faid A£t made in the eighth j" ^" c^*^^ '" Year of his faid late Majefty's Reign, fhall be allowed and taken inftead of fuch Oath, although no parti- '"^^ ."*''"' ^"'^ cular or exprefs Provifion be made for that Purpofe in fuch Aft or A6ts ; and all Perfons who are or fhall be orParliamen:. authorized or required to adminifter fuch Oath, fhall be, and are hereby authorized and required to admini- ftcr the faid Affirmation or Declaration ; and the faid folemn Affirmation or Declaration, fo made as aforefaid, fhall be adjudged and taken, and is hereby enadted and declared to be of the fame Force and Ef- fect, to all Intents and Purpofes, in all Courts of Juftice, and other Places, where by Law an Oath is or fhall be allowed, authorized, directed or required, as if fuch Quaker had taken an Oath in the ufual Form ; and if any Perfon making fuch Affirmation or Declaration, fhall be lawfully conviiSed of having wilfully, pensltv on falfa falfely and corruptly affirmed and declared any Matter or Thing, which, if the fame had been depofed in Affuming. the ufual Form, would have amounted to wilful and corrupt Perjury, every Perfon fo offending fhall incur and fuffer the like Pains, Penalties and Forfeitures, as by the Laws and Statutes of this Realm are to be in- fli(5ted on Perfons convicted of wilful and corrupt Perjury. XXXVII. Provided neverthelefs, and be it enadtcd. That no ^laker fhall, by virtue of this Aft, be Not to extend > qualified or permitted to give Evidence in any Criminal Cafes, or to ferve on Juries, or to bear any Office to Criminal or Place of Profit in the Government; any Thing herein contained to the contrary notwithftanding. *^^^"< ^'^' CAP. XLVII. An Aft for the more eafy and fpeedy Recovery of Small Debts, within the Town and Borotio-h of Scuthivark, and the ieveral Parifhes of Snifit Saviciir, Saint Mary at Newir.gton, Saint Mary Magd-ikn Bcrmondfey, Chrift Church, Saint Mary Lambeth, and Saint Mary at Rotber- hithe, in the County of Surry, and the feveral Precinfts and Liberties of the fame, WHERE A S feveral Perfons living and refiding within the Tov/n and Borough of Southivarik in the County of Surry, and the feveral Parifhes of Sai>n Saviour, Saint Mary at Netvington, Saint Mary ' Magdalen Bermondfev, Chrif Church, late Part of Saint Saviour's, Saint Mary Lambeth, and Saint Mary it ' Rotherhithe, in the faid County of Surry, and the feveral PreciniSts and Liberties thereof, contract many- Small Debts, which in the V/hole amount yearly to a great Sum of Money ; and although they are v/ell able to pav fuch Debts, yet they refufe fo to' do, prefuming on the Difcouragements which their Creditors id the Delays they to the promoting of c r 11 r^,. T^„-- ■, - - '^ •=• -' ■ • - -st'iod for recovering ot (mail Debts ; May it therefore pleafe your moft il,xcellent Majefty, that it may be enadted ; And be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual V01-. vn. B b and