Page:Ruffhead - The Statutes at Large - vol 7.djvu/319

 or A. D. 1750. Anno vicefimo tcrtlo G E o R G 1 1 II. C- 33* 275 Jn this prefcnt Parliament affembled, and by the Authority of the fame. That from and after the twenty- Suitors of the fourth Day oijune one thoufand feven hundred and fifty, it fliall and may be lawful to and for the Suitors County Courr, of the County Court of ylf/V/a'/^i'A-, together v.'ith the County Clerk of the faid County in County Court ^'j "= County ailembled, or the major Part of them the faid County Clerk and Suitors fo aflembled, upon any Plaint ^^,^^^^'^'^^[^^^^1 to be entered in the faid County Court in any Suit where the Debt or Damages fhall not amount to the Sum Debt under 40 s. of forty Shillings, to proceed in a fummary Way, and from time to time to make fiich Order or Decree, in a Tummaiy Orders or Decrees, as {hall feem to them, or the major Part of them fo affembled, to be jull: and agreeable Way; to Equity and good Confcience ; and for the better Difcovery of the Truth, and more fpeedy obtaining the and examine End of fuch Suits, belt further enacted by the Authority aforefaid. That it fliall and may be lawful for the Parties upoe faid Suitors and County Clerk in the County Court aforefaid, to examine the Plaintiff or Plaintiffs, De- '-*^^* fendant or Defendants, and their Witneffes, viva voce, upon their feveral corporal Oaths. II. And be it enacted by the Authority aforefaid. That from and after the faid twenty-fourth Day oijune. Times and Pla. it fliall and may be lawful'for the Sheriff oi Middle/ex, by his County Clerk, to hold his County Court, tbr f,"*;!™',"'f ^^ the Proceeding in Purfuance of and under the Authority of this Aft, on Thurfday in every Week, at fome County Court, convenient Place, within the Hundred of OJJulffon in the County of Middhjcx, and on the firft: Tuefday in every Month, at fome convenient Place within the Hundreds of IJlstvorth or Elthorne., and on the lail: Tuef- day in every Month, at fome convenient Place within the Flundred of Edmonton ; provided always. That the monthly Court of the faid Sheriff fhall neverthelefs be held and kept as has been accuftomed. III. And be it enafted by the Authority aforefaid. That fuch Perfons, and fuch Perfons only, fhall be WIio fliail be deemed and taken to be Suitors of the faid County Court to be held by and under the Authority of this Acft, deemed Suitors, as are qualified to ferve on Juries on Trials at Nift Prius in the Courts of King's Bench, Common Pleas and Exchequer at Wejlminjier, by virtue of the Laws in Being. IV. And be it enafted by the Authority aforefaid. That from and after the faid twenty-fourth Day of No Plaints or "June, no Plaint to be entered in the faid County Court, as aforefaid, nor any Order or Orders or other Orders of the Proceedings to be had thereupon by virtue of this Aft, fhall be removed out of the faid Court by any Writ Court, may be of Recordari facias Loquelam, Certiorari, or falfe Judgment, or otherwife howfoever ; but fuch Order or'""°*'l^'. Orders fo to be made by the (aid Suitors and County Clerk fhall be final and conclufive to all Parties what- Repkvin^'"'^ '" foever ; provided neverthelefs. That all Plaints in Replevin fhall be proceeded in, and removeable in the fame Manner, as if this Aft had not been made ; provided alfo. That no Perfon or Perfons fhall be liable Who may be to be fummoned to the faid County Court at the Suit of any Plaintiff or Plaintiffs, other than fuch Perfon fummoned to or Perfons as was or were liable to be fummoned to the County Court of Mi ddlef ex, before this Aft was l^^c°""• made, and that this Aft fhall not extend to give the faid County Court any Jurifdiftion to hold Plea of, or the Coun'tT " to hear or determine any Aftion, Caufe or Suit,' other than fuch Aftion, Caufe or Suit, as the County Com-t, not ex- Court of Mi ddlef ex might have held Plea of by Plaint before the making of this Aft. tended by this V. And be it enafted by the Authority aforefaid. That from and after the faid twenty-fourth Day of ■'^'-'^• June, after any Pliant fhall have been entered as aforefaid, and the Defendant or Defendants fhall have been Parties not con- duly fummoned, and either the Plaintiff or Plaintiffs in the faid Plaint named, or the Defendant or Defen- forming, may dants fhall negleft or refufe to abide by and perform fuch Order or Orders, as the faid Suitors and County '"^ committed. Clerk fhall, from time to time, make, pronounce and fet down in Writing ; then it fhall and may be law- ful to and for the County Clerk for the time being, by Warrant in Writing under his Seal, to commit fuch Plaintiff or Plaintiffs, Defendant or Defendants, to the County Gaol of the faid County, or any other common Gaol within the faid County, there to remain for the Space of three Calendar Months, or any fhorter Space of Time, at the Difcretion of the faid Suitors and County Clerk; provided neverthelefs, that if the Perfon or Perfons fo committed fhall, before the Expiration of the Time for which he, fhe or they fliall be committed, perform fuch Order or Orders, then he, fhe or they fliall forthwith be difcharged. VI. And be it enafted by the Authority aforefiid. That in any Cafe where the faid Suitors and County Where an Order Clerk fhall have made any Order or Decree for the Payment of Money, it fliall and may be lawful for the f° I'-iynent of ftid County Clerk, at the Prayer of the Party profecuting fuch Order or Deciee, to iffue a Precept under-^"" *"  his Seal in the Nature of a Writ of Fieri Facias, which Precept fliall be direfted to one of the Bailiffs at- "y ci",'rk n-^y""' tending the faid Court, who is hereby authorized to levy the Sum or Sums of Money mentioned in fuch Pre- iiYuea Pretei>E cept, in the fame Manner as any Sheriff may levy Money by virtue of any Writ of Fieri Facias iffuing out for levying. of any of his Majeffy's Courts of Record at Wefltnin/ler. VII. And be it enafted by the Authority aforefaid, That the Under Sheriff of Middkfex for the time be- Under SheriiJ'to jng, after the faid tv/enty-fourth Day of jf line, fliall, fix Days before the End of every Month, deliver to j'"'" '^'''■'J' the County Clerk of the faid County three feveral Lifts, each Lift containing the Names and Places ofi^p'of ' p^ Abode of twelve Perfons, to be by the faid Sheriff' taken from the Freeholders Book of the faid County of holders toai. Middlefex, as Suitors to attend the faid County Court for the fucceeding Month for the feveral Dlvifions tend, hereafter named ; that is to fay, one Lift for the Hundred of Offulfi on, one for the Hundred of IJletvorth and Elthorne, and one for the Hundred of Edmonton; and the County Clerk of the faid Countv fliall caufe the faid Perfons in the fliid feveral Lifts named, to be fummoned to attend the faid Court at the Time and Place to be mentioned in the faid Summons ; for each of which Lifts the faid County Clerk fhall pay the faid Un- der Sheriff the Sum of four Fence, and no more ; and no other Suitor, except the Perfons fo fummoned, fliall have any Voice in the faid County Court, held under the Authority of this Aft ; and no Perfon fhall None to attend be liable to be put upon fuch Lift to attend the fold Court as a Suitor thereof, oftener than once in every ^"f once in a Year. ■^"'■■ Vin. And be it further enafted. That if any Suitor fo qualified as aforefaid, after having been duly fum- Suitors not at- moned to attend the faid Court, fhall negkft or refufe to attend according to fuch Summ.ons, and there fliall tending, to be not be a fufHcicnt Number of Suitors to proceed in the Bufinefs of the faid Court, then it fhall and may be amerced 20s. lawful for the faid County Clerk to amerce fuch Suitor as fliall not attend in any Sum not exceeding twen-. ty Shillings, to the Ufe of the Poor of the Parifii where the faid Court (hall fit, to be recovered by the Overfecrs of the Poor of the faid Parifh for the time being, or any one of them, by Plaint in the faid Coun- ty Court, in the fame Maimer as any other Debt or Demand may be recovered in the faid Court under the Authority of tliis Aft. N n z IX.- Provided