Page:Ruffhead - The Statutes at Large - vol 7.djvu/231

 A. D.i74^* Anno vicefimo fecundo GEOS.GII II. C. 47. 187 as aforefaid, have full Power and Authority, by virtue of this AQ, to make or caufe to be made, fuch AcSs, Order or Orders, Decrees, Judgments and Proceedings, between fuch Party or Parties, Plaintiffs, and his, her or their Debtor or Debtors, Defendants, touching fuch Debts, not exceeding the Sum of forty Shil- lings, in queltion before ihem, as they fliall find to ftand with Equity and good Confcience ; and all fuch Orders, S;c. of Ads, Decrees, judgments and Proceedings, Order or Orders, fliall be entred and regiftred in a Book, to the Court to bs be kept for that Purpofe bv the Clerk or Clerks of the faid Court, or his or their fufficient Deputy or De- regiftred. puties ; and fl:iall be obferved, performed, and kept in all Parts, as well by the Plaintiff, as the Debtor or 1) fendant. V. And for the more due and regular Proceeding in the faid Court intended to be eftabliflied by this Aft, Commiffioners it is hereby further enafted. That it fhall and may be lawful for the faid CommifSoners, or any three or impowered to more of them, to adminiller an Oath to the Plaintiff or Defendant, and to fuch Witneis or VVitneffes as aJm-nifter {hall be produced by each Party, and alfo to all the Officers of the faid Court, for or concerning any ^"bs- Bufmefs relative thereunto, if the fame CommifTioners, or any three or more of them, fl:iall lb think it meet. VI. And be it further enafled by the Authority aforefaid, That if in any Aftion of Debt, or Adion on if Aftion for the Cafe upon an Ajjumpjit for Recovery of any Debt to be fued or profecuted againft any Perfon or Perfons Debt under 40 3. aforefaid, in any ot the King's Courts at TVe/imin/ier or elfewhere, out of the faid Court of Requefts, it ^^'■'^ '"^ '""«" i" fnall appear to the Judge or Judges of the Court where fuch Adlion fliall be fued or profecuted, that the Debt ^nj other Comr, to be recovered by the Plaintiff in fuch Aftion doth not amount to the Sum of forty Shillings, and the De- fendant in fuch A£lion fliall duly prove, by fufficient Teflimony, to be allowed by any the Judge or Judges of the faid Court where fuch Aftion fliall depend, tiiat at the Time of commencing fuch Adion, fuch De- fendant was inhabiting and refiant within the faid Town and Borough of Southwark, or any of the Parifhes, Limits and Precincts aforefaid, in the County oi Surry, and was liable to be warned or fummoned before the faid Court of Requefts for fuch Debt, then, and in fuch Cafe, the faid Judge or Judges fliall not allow to the faid Plaintiff any Cofts of Suit ; but fliall award that the faid Plaintiff Ihall pay fb much ordinary the Judge ta ^ Cofls to the Party Defendant, as fuch Defendant ftiall juftly prove before the faid Judge or Judges it hath avvjrJtheDe^ truly coft him in the Defence of the faid Suit. f™<*"' '^°" • VII. And, for the more effectual eftablirning of the faid Court of Requefls, and the better enforcing the Orders and Decrees which fhall be mnde by the faid Commiflioners ; and that the faid Commiffioners may be invefted with proper Power and Authority, and be free and exempt from any Infults or Abufes ; Beit further enacted by the Authority aforefaid. That if any Perfon or Perfons fliall contemptuoufly affront, in- Penalty of ia- fult or abufe all or any of the Commiflioners of the faid Court, during their Sitting in the faid Court, it fuitmg the fliall and may be lawful to and for the faid Chief Bailiff, or his Deputy Officer or Officers, by Order of the Coftc. faid CommiiSfioners then fitting, or any three or more of them, to take fuch Perfon or Perfons fo offending as aforefaid, into Cuftody, and carry him, her or them before one or more of his Majelty's Juflice or Jufti- ces of the Peace for the faid County of Surry, to anfwer fuch Affront, Infult or Abufe ; and upon the Fa£t alledged being duly proved, upon the Oath or Oaths of one or more credible Witnefs or Witneffes, againft him, her or them, then, and in fuch Cafe, the faid Juftice or Juftices fhall proceed to punifh fuch Perfon or Perfons fb offending as aforefaid, by Fine or Imprifonment, or both ; provided that the Fine on anyone Perfon do not exceed the Sum of twenty Shillings, and that the Imprifonment be for no longer Time than ten Days. VIII. And be it enaded by the Authority aforefaid. That upon the Nonpayment of the faid Fine, fo to Fine to be le- be impofed or fet upon every Perfon convifted of offending as aforefaid, it fhall and may be lawful for the vied byCiflrerj faid Juftice or Juftices to iffue a Warrant or V/arrants, under his or their Plands and Seals, for levying the ^""^ S^'=« faid Fine or Fines fo impofed upon the Goods and Chatties of every fuch Offender or Offenders, being then ref.ant or inhabiting within the faid Town and Borough, or within any of the Parifiies, Limits or Precindts aforefaid, and to caufe Sale to be made thereof, in cafe they f^all not be redeemed in five Days, rendering the Overpluf, if any, to the Owner upon Demand, after dedudting the reafonable Charges of fuch Diftrefs and Sale ; which Fine or Fines, when levied or received by virtue of this Act, fhall be immediately paid over into the Hands of the Churchwardens or the Overfeers of the Poor of the Parifh, wherein every fuch Of- fender fliall, at the Time of fuch Offence committed, inhabit, dwell, or feek a Livelihood, towards the Support and Maintenance of the Poor of the fame Parifh ; and if fuch Offender or Offenders fhall not be „a- refiant or inhabiting within the faid Town and Borough, or within any of the Pariflies, Limits or Precincts beinEa"^))'^ bi- aforeCaid, or fliall not have any Goods or Chatties within the faid Town and Borough, or within any of the tant, &c. Parifhes, Limits or Precin£ts aforefaid, whereof fuch Fine or Fines can be levied as aforefaid ; then and in fu'h Cafe, and upon Nonpayment of fuch Fine or Fines, it fhall and may be Lwful for the faid Juflice or ^ni not a In" Juftices, by Warrant under his or their Hand and Seal, or Hands and Seals, to commit fuch Offender or tiie Fines, to b"a Offenders to the County Gaol of the faid County of Surry, there to remain until he, flie or they fliall pay committed. the faid Fine or Fines fo impofed as aforefaid, not exceeding one Calendar JVIonth ; and fuch Fine or Fines, when levied or received, fhall be immediately paid over into the Hand of the Jiiftice or Juftices who granted fuch Warrant or Warrants, as aforefaid, to be diftributed among the poor Prifoners for Debt in the faid Prifon, in fuch Manner as he or they fliall think fit. IX. And be it further enacted by the Authority aforefaid. That the Clerks of the faid Court, or one of Copy of the iw* them, fhall fix, or caufe to be fixed or ftuck up, in the molt publick Part of the Court Houfe of the faid preceding Clau- Town and Borough, or otlisr Place where the faid CommifTioners fliall fit to do Bufinefs as aforefaid, a true 'es to b- ftuck Copy of the two laft preceding Claufes of this A.6t, to the End that no Perfon or Perfons fhall or m'ay pre- "^ '"■'^'^^ ^""^ [ tend Ignorance in the Premiffes. Houie. ' X. And be it fuither enafted by the Authority aforefaid. That in cafe any Perfon or Perfons fhall make Penalty of wil- Oath, or give Evidence, in any Caufe depending in the faid Court of Requefts, whereby he, file or they, tnlorrorunit Ihall commit any wiliul or corrupt Perjury, and thereof be duly convicted according to Lau', then every fuch Pt-'j-o- ■ ^ B h 2 Peifoa'