Page:Ruffhead - The Statutes at Large - vol 7.djvu/302

 258 C. 27' Anno vlcefinlo tertio Georgii II. A. D. i750« the Defendant v;as Inhabitant and Refiant within the faid City and Liberty o( IVeJlminJier, or that Part of the Dutchy aforefaid, and was liable to be warned or fummoned before the faid Court of Requefts, without pleading any other Matter fpecially ; and in cafe the Plaintiif, in any fuch Aflion, fliall declare for the Sum of forty Shillings, or any Sum of A4oney exceeding the Sum of forty Shillings, the Defendant may plead generally (over and above fuch Matters as, aforefaidj that the. Defendant was not, at the Time of com- mencing fuch AiSlion, indebted to the PlaintifF in any Sum or Sums of Money amounting to the Sum of forty Shillings, without pleading any other Matter fpecially, whereto the Plaintiff ihall or may reply gene- rally, and deny the Matters pleaded as aforefaid ; and if the Plaintiff be nonfuited, or difcontinue his Ac- Full Cofts. tion, or Verdift pafs againft him, or Judgment be given on Demurrer, the Defendant fhall have full Cofls." Plaintiff may IX. Provided always, That it fliall and may be lawful to and for the Plaintiff, in fuch Action, after- afierwards fue wards to profecute the (aid Defendant for the P^.ecovery of his faid Debt in the faid Court of Requefts ; fuch for the Debt in Ve'rdiil or Judgment obtained againft him as aforefaid, inany wife notwithftanding. the Court of 2^_ ^^^ f^j. (.jjg more effe£lual eftabliihing of the faid Court of Requefts, and the better enforcing the Or- Rcquefts. ^g^g ^^j Decrees which (hall be made by the faid Commiffioners ; and that the faid Commiffioners may be Method of Pro- •inv'efted with proper Power and Authority, and be -free and exempt from any Infult or Abufes ; Be it further ceeding and Pii- gj^^ftgd by the Authority aforefaid, That if any Perfon or Perfons fhall contemptuoufly affront, infult or an'^ml'lUi'Mt'^ abufe all or any of the Commiffioners of the faid Court, during their fitting in the faid Court, it ftiall and. the Court," " m^y be lawful to and for the faid High Bailiff, or his Deputy, Officer or Officers, by Order of the faid Commiffioners then fitting, or any three or more of them, to take fuch Perfon or Perfons fo offending as aforefaid into Quftody, and carry him, her or them, before one or more of his Majefty's Juftice or Juflices of the Peace for the faid City and Liberty of //4/?7«»z/?^r, to anfwer fuch Affront, Infult or Abufe; and • ^, upon the Faft alledged being duly proved, upon the Oath or Oaths of one or more credible Witnefs or Witneffes, againft him,;;her,or; tham ; then, and in fuch Cafe, the faid Juftice or Juftices fhall proceed to Tine not to ex- punifli fuch Perfon or Perfons fo oftending as aforefaid, by Fine or Imprifonment, or both ; provided that ceedios. nor the Fine on any one Perfon do not excped the Sum of twenty Shillings; and that the Imprifonment be for mentToTs no longer Time than ten Days. -/ men 10 ays. -^^^ ^^^ ^^ .^^ further enaded by the Authority aforefaid. That upon the Nonpayment of the faid Fine, hvicd bymVefs ^^ to be impofed or fet upon-every Perfon convicted of 9ffending as aforefaid, it fliall and may be lawful for and Salcj the faid Juftice or Juftices to iffue a Warrant or Warrants, under his or their Hands and Seals, for levying the faid Fine or Fines fo impofed, upon the Goods and Chatties of every fuch Offender or Offenders, being then refiant or inhabiting within the faid City and Liberty o'iWeflmhiftci or that Part of the Dutchy afore- faid, and to caufe Sale to be made thereof, in cafe they fhall not be redeemed in five Days, rendering the Overplus, if any, to the Owner upon Demand, after dedudling the reafonable Charges of fuch Sale ; which towards the Sup- Fine Or Fines, when levied or received by virtue of this Aft, fliall be immediately paid over into the Hands port of the Poor; ^f (j^g Churchwardens or Overfeers of the Poor of the Parifh wherein every fuch Offender fliall, at the Time of fuch Offence committed, inhabit, dwell or feek a Livelihood, towards the Support and Mainte- Where the Of- "^rice of the Poor of the fame Parifli ; and if fuch Offender or Offenders fhall not be refiant or inhabiting fender is not re- Within the faid City and Liberty of /'^g/??«/K/?^r, or that Part of the Dutchy aforefaid, or fhall not have any fiant, &c. he is Goods or Chatties within the faid City and Liberty oi Weftminfier, or that Part of the Dutchy aforefaid, tobecommitted. vvhereof fuch Fine or Fines can be levied as aforefaid ; then and in fuch Cafe, and upon the Nonpayment of fuch Fine or Fines, it fhall and may be lawful for the faid Juftice or Juftices, by Warrant under his or their Hand and Seal, or Hands and Seals, to commit fuch Offender or Offenders to one of his Majefty's Goals within the City or Liberty oiWeJImhiJler, there to remain for the Space of one Calendar Month, Oh Payment or unlefs he, fhe or they, fooner pay the faid Fine or Fines fo impofed as aforefaid ; in which Cafe, he, flie or the Fine the they, on Payment of fuch Fine or Fines, are to be forthwith difcharged out of Cuftody ; and iuch Fine or Perfon to be Fines, when levied or received, fhall be immediately paid over into tlie Hands of the faid Churchwardens or difcharged. Overfcers of the Poor for the Purpofes aforefaid. Copy of the 2. XII. And beijt /urthcr enafted by the Authority aforefaid, That the Clerks of the faid Court, or one of iaftciaufus to them, ftiall fix, 01: caufe to be fixed or ftuck up, in the moft publick Part of the refpe£lie Places where he fliick irp m {xq Court fliall be held in the fevera) Divifions aforefaid, or other Place where the faid Commiffioners fliall the Courts. ^jj. ^^ j^ Bufinefs as aforefaid, a true Copy of the two laft preceding Claufes of this Aft, to the end that no Perfon or Perfons fliall or may pretend Ignorance in the Premiffes. • Pcmlty of XIII. And be it further enafted by the Authority aforefaid, 1 hat in cafe any Perfon or Perfons fliall make Perjury, Oath, or give Evidence, in any Caufe depending in the laid Court of Requefts, whereby he, flie or they, fhall commit any wilful or corrupt Perjury, and fliall thereof be duly convifted according to Law, then every fuch Perfon or Perfons fliall incur and fuffer the like Pains and Penalties as any other Perfon or Per- fons convifted of wilful Perjury according to the Laws and Statutes of this Realm, Clerks of the XIV. And be it further enafted by the Authority aforefaid, TXrA^Tbomas Smith, Stephen Pcpham, Nar- Comt, ff;^„ Verdjl and John Spraiiger., Gentlemen, fliall be, and are hereby conftituted and appointed Clerks of the and their Office, fjiid Court of Requefts during their refpeftive good Behaviour ; who fliall and are hereby impowered and required to iffue out and rrgifter all Summons, Warrants, Precepts, Afts, Orders, Decrees, Judgments, Attachments and Proceedings of the faid Court; and fhall keep proper Books, wherein ihall be entered and NoClerttoaft regiftered all Afts, Orders and Proceedings of the fame Court; and that no Clerk of the faid Court fliall as a Juftice. aft as a Juftice of the Peace within the Limits of the Jurifdiftion of the faid Court. On theDeath, XV. And be it further enafted by the Authority afore&id. That it fliall and may b« lawful to and for the Removal or Re- Commiffioncrs who fhall be fitting and afting in Court, on the next Court Day after the Death, Refigna- fignation of the tjg,,, qj. Removal of any of the faid Clerks appointed by this Aft, or fo foon after as the fame is publickiy Comm'ffioners ^nown, or the major Part of them, to caufe the whole Number of Commiffioners to be fummoned to meet w be fummoned, at fome Convenient Place to be appointed for that Purpofe, within four Days next after their being fummon- aiid cka an- e,d gs afoiefaid ; and fuch Commiffioners at fuch Meeting, or the major Part of them thai prefent, are hereby other, 3 authorizsd