Page:Ruffhead - The Statutes at Large - vol 7.djvu/309

 A.D. 1750. Anno viceiimo tertio Georgii II. C. 30. 265 in every Week, viddkct, on every Tuefday and Friday, oroftner, if need be, in a Court-Houfe to be pro- vided as aforefaid for that Purpofe, in the faid Parifli of Saint Mary IVhitechapel, or in fome other convenient Place near or thereunto adjoining : And the faid CommiiRoners, fo to be aiBgned and appointed for the time being, or any three or more of them, fliall have Power and Authority, by virtue of this Aft, to give Judg- and to give Judg- ment and Decree, and to award Execution thereupon, with Cofls, againft the Bodies, or againfl: the Goods mem, &c. and Chatties of all and every the Perfon orPerfons againfl: whom they fliall give any Judgm.ent or Decree, as to them fhall feern jufl in Law or Equity, fo as no Perfon fliall remain in Cuflody upon an Execution for any longer Space of Time than forty Days. 11. And be it enaSed by the Authority aforefaid, That if any Plaintiff or Creditor, Defendant or Debtor Peifonsnot ap- (after being duly warned or fummoned to appear in the faid Court, by one of the Beadles herein after di- pearing onSum- refted to be chofenj fliall, without fome juft Caufe to be allowed by the faid Commiffioners in Court, or '"°'''^» any three or more of them, refufe to appear in the faid Court before the faid Commiffioners, or fliall not or not conform- perform fuch Order as the faid Commiffioners, or any three or more of them, fliall make or fct down for or '"?> concerning fuch Debts as aforefaid, it fliall. and may be lawful to and for the faid Commiffioners, or any three or more of them, to commit every fuch Perfon to the Common Gaol or Hotife of Correftion for the "fy *"= "■"- faid County of Middlefex, or to the Gaol for the Liberty of the Toiver of London^ if fuch Perfon fhall re- ™'"'-'^' fide in the faid Liberty, there to remain until he, flie or they fhall perform the Order of the faid Commif- fioners, fo as no Perfon fhall remain in Cuftody for any longer Space of Time than forty Days. in. And, for the more orderly and regular Proceeding in the faid Court, and that no undue Preference may be made or given in fummoning the faid Commiffioners to attend the Bufmefs of the faid Court, Be it further enacted by the Authority aforefaid. That the faid Beadles, or one of them, who are hereby,im- Comtriflloneis powered and required, from time to time, fo to do, fliall yearly fummon, or caufe to be fumm-oned, thefirft to attend month- live Perfons out of the firfl fixty named in the faid complete Lift, the firft five Perfons out of the fecond fixty 'i'" named in the faid complete Lift, the firft five Perfons out of the third fixty named in the faid complete Lift, the firft five Perfons out of the fourth fixty na.med in the fame Lift, (making in all twenty Perfons) to at- tend as Commiffioners of the faid Court for one Calendar Month, ro commence at and upon the firft Day of May in each Year ; and fo the like Number of five Perfons next ftanding, and fucceffively following in each of the faid fixty Names, as they fliall ftand in Order and Flotation upon the faid complete Lift, to ferve as Commiffioners from Month to Month, during the Term for which they are fo chofen Commiffioners. -- IV. Provided always, That nothing herein before contained fhall extend, or be confcrued to extend, to Commiffioners exclude or debar any of the Perfons Vv'ho fliall be nominated, appointed and returned for Commiffioners as not in RoiadoR aforefaid, being duly qualified as aforefaid, from fitting in the faid Court, although they be not in Rotation; may lit. but that all fuch Commiffioners fliall and may, fo often as they fliall refpeiSfively think fit, fit and give Judg- ment therein ; any thing herein before contained to the contrary thereof in any wife notwithftanding. V. And be it enacted by the Authority aforefaid. That from and after the faid firft Day of May one thou- Power to foe fand feven hundred and fifty, it fhall and may be lawful to and for any Perfon orPerfons who now have, or here- S'^f"'"" ^°'' ^"^ after fliall have any Debt or Debts ov/ing unto him, her or them, not amounting to the Sum of forty Shillings, "^ tundei4os. by any Perfon or Perfons whatfoever, refiding or inhabiting, or keeping any Shop, Shed, Stall or Stand, or feeking a Livelyhood, or trading or dealing v/ithin the DiftriiTt herein before defcribed, or any Part thereof, to caufe fuch Debtor or Debtors, fo refiant, inhabiting or keeping any Shop, Shed, Stall or Stand, or feek- ing a Livelihood, or trading or dealing, as aforefaid, to be warned or fum.moned by one of the faid Beadles, Beadle to fum., who is hereby appointed, authoiized and required to execute all Warrants, Precepts and Procefs of the faid mo" 'he Debt- Court of Requefts, by Perfonal Service, or by Writing left at the Dwelllnghoufe or Place of Abode, Shop, °'' ^ '^' Shed, Stall, Stand, or any other Place of Dealing of fuch Debtor or Debtors, to appear before the Com- miffioners of the faid Court, to be held at or in the faid Court-houfe, or other Place to be provided, as afore- AftcrSummons faid; and that the faid Commiffioners, or any three or more of them, fliall, after fuch Summons as afore- theCommifiion- faid, have full Power and Authority, by virtue of this A£f, from time to time, to make or caufe to be made, '^" " givejudg- fuch A£ls, Order or Orders, Decrees, Judgments and Proceedings, between fuch Party or Parties, Plain- ™^"'* tiffs, and his, her or their Debtor or Debtors, Defendants, touching fuch Debts, not amounting to the Sum of forty Shillings, as they {hall find to fl-and with Equity and good Confcience ; and all fuch A£l:s, Order Orders, &c. of or Orders, Decrees, Judgments and Proceedings, fliall be entred and regiftred in a Book or Books, to be ''9°" ^° '^'^ kept for that Purpofe by the Clerks of the faid Court, or one of them, and fliall be obfcrved, performicd and'^'^'^' '"^ ' kept in all Farts, as well by the Plaintift^, as the Debtor or Defendant. VI. 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 fliall and may be lawful for the faid Commiffioners, or any three or may adminnUr more of them, to adminifier an Oath to the Plaintiff or Defendant, and to fuch Witnefs or Witneffes as ^='^';^ '° 'he fliall be produced by each Party, and alfo to all or any of the Officers of the faid Court, for or concerning"^^" any Bufinefs relative thereunto, if the fame Commiffioners, or any three or more of them fhall fo think it meet. _ _, ' VII. And be it further enafted by the Authority aforefaid. That if any Aftion of Debt, or Aflion on if Aftion for the Cafe upon an y^/w'/y?Mbr Recovery of any Debt be fued or profecuted againft any Perfon or Perfons Debt under 40 s, aTorefaid, in any of the King's Courts at Wejhnhijhr or elfewhere, out of the faid Court of Requefts, and iwH te fuel in it fliall appear to the Judge or Judges of the Court where fuch Aftion fliall be fued or profecuted, that the ^"> "ther Court, •Debt to be recovered by the Plaintiff in fuch Aftion doth not amount to the Surn of forty Shillings, and the Defendant in fuch Aftion fliallduly prove, by fufficient Teftimony, to be allowed by any the Judge or iudges of the Court v/here fuch Aftion fhall depend, that at the Time of commencing fuch Aftion, fuch )efendant v/as inhabiting and refiant within the Diftrift herein before defcribed, or any Part thereof, and was liable to be vv'arncd or fummoned before the faid Court of Requefts for fuch Debt ; then, and in fuch Cafe, the faid Judge or Judges fnall not allow to the faid Plaintiff^ any Cofts of Suit; but fliall av;ard that the Plaintiff t» the faid Plaintift' fliall pay fo much ordinary Cofts to the Party Defendant, as fuch Defendant fliall juftly pa/ Coils ; piove before the faid Judge or Judges it hath truly coft him in Defence of the faid Suit. Vol. VII. ^ M m VIII. Provided