Page:Ruffhead - The Statutes at Large - vol 7.djvu/742

 C. .37' Anno vicefimo nono Georgii II, A. D. 1756. CAP. XXXVII. An AiSt for regulating the Proceedings in perfonal Adtions in the Courts Baron of the Manors of Sheffield and EcclefaU'in the County of Tork. P R. HE RE AS the Liberty or Diftrift of Hallam/hire'm the County of Tork is a large 'Df &., ex- tending itfelf over the Town and Parifh of Sheffield, and feveral other Towns and Parilhes in the faid County of Tork ; and the moft noble Edwatd Duk.Q o( Norfolk, Hereditary Earl Marfhal oi England, claimeth a Franchife there, and to have the Execution and Return of ail Writs within the fame, as'being feifed of the faid Liberty to him and the Heirs Male of his Body, with Remainder to his Nephew Thomas Howard of Norfolk Efquire, and to the Heirs Male of the Body of the Honourable Philip Howard Efquire, his late Father, deceafed, with divers Remainders over ; and the faid Edward Duke of Norfolk is feifed to him and the Heirs Male of his Body, with like Remainders, of and in the faid Manor of Sheffield ; and the Jurifdidion of the Court Baron belonging to the faid Manor of Sheffield, which has been ul'ually held . every three Weeks from Time immemorial, extends over all the Parts of the faid Liberty, except over the Hamlet or Byerlow oi Ecdefnll : And whereas the mofl Honourable C^^r/w Marquefs of Rockingham, and Mary Marchionefs of Rockingham his Wife, in the Right of the faid Marchionefs, or their Truftees, are feifed for fome Eflate of Freehold or Inheritance of and in the Manor of Ecclefall ; and the Jurifdidion of the Court Baron belonging to the faid Manor of Ecclefall, which has alfo been ufually held every three Weeks from like Time immemorial, extends over the faid Hamlet or Byerlow oi Ecclefall, which is con- tiguous to the faid Town of Sheffield, and is within the faid Liberty of Hallamjhire : And whereas from Time immemorial Plea has been held in the faid feveral Courts Baron in all perfonal AcSions arifing with- in the aforefaid feveral Jurifdiftions, where the Debt and Damages have been under forty Shillings : And whereas a great Manufactory of Cutlery and other Hard Ware is now, and has been for feme Time car- ried on in the faid Town of Sheffield and the Liberty of Hallamjhire, whereby, and by the late Increafe of Trade in the faid Town, and other Parts of the faid Liberty or D'tRrict o^ Hallamfjire, the Number of Merchants, Traders and Artificers there is very great, and the faid Town and Diftrift are becoming daily more populous : And whereas, although Juftice hath for many Years been adminifl:ered in the faid feveral Courts Baron in the moft ftrict and impartial Manner, yet the Method of compelling Debtors and other Perfons to appear to the Actions which are commenced in the faid Courts Baron, is in both the faid Courts by Summons and Diftrefs infinite ; which is a very dilatory, and often a very ineffectual Method for that End ; and by reafon thereof, and alfo by reafon of the Expence which attends the Profecution of Caufes to Judgment in the faid Courts, and often afterwards, when fuch Caufes are removed up to fome fuperior Court, honefl: Creditors are many Times difcouraged from attempting to recover the Debts due to them, and thereby many evil-difpofed Perfons, who have contracted fmall Debts within the faid Liberty, are encouraged (though able) to refufe or delay the Payment thereof, and do often fet their Creditors at De- fiance ; therefore the Inhabitants of the faid Places which fo lie within the Jurifdiction of the faid feveral Courts Baron have applied to the faid Edward Dxikt of Norfolk, and Charles Marquefs of Rockingham, for their Confent to fome proper Method for regulating the Proceedings in, and amending the Defects which fo refpectively attend the feveral Jurifdictions of their faid feveral Courts Baron, and for preventing all unneceflary Delays and Expences in the faid Proceedings, and for the providing from among the feveral Suitors of the faid feveral Courts Baron, fit, able, difcreet and indifferent Homagers or Jurors to try all Iffues which ftiall ftand for Trial in any Plaint, Suit or Action to be depending in the faid feveral Courts, and the like fit, able, difcreet and indifferent Homagers or Jurors for the finding of Inquefts and the taking of Inquifitions upon Proceffes which may iffue out of, or on any other Proceedings which may be had in the 'aid feveral Courts, in Nature of Writs of Inquiry of Damages at the Common Law; which the faid Edward 'Duke of Norfolk, and Charles Marquefs of Rockingham, have readily confented to, fo far as the feme can be done without fubverting or derogating from the Jurifdictions of the faid feveral Courts Ba- ron, or prejudicing the fame :' Wherefore may it pleafe your moft Excellent Majefty, that it may be enacted, (}fc. ' On Plaint or Suit entered for a Debt or Damage, not amounting to 40 s. Application to be made to the ' Steward of the Court, to fummon the Defendant. Stev.'ard to iffue his Precept to the Bailift", who is to ' execute the fame ; and the Defendant not appearing thereto. Plaintiff may enter a common Appearance, and proceed thereon. On Iffue joined. Matter thereof to be tried by the Suitors fummoned. Defendant fuffering an interlocutory Judgment, and Procefs of Inquiry iffuing thereupon, the Suitors of the Court to take the Inquifition ; Steward upon Application to fummon Witneffcs, who are required to attend, and give Evidence upon Oath ; Witneffes not attending, or refufing to give Evidence, may be amerced by the Steward ; to be affeered by the Suitors, and applied to the injured Party, and Lord of the Manor ; and to be levied by Diftrefs and Sale. For want of Diftrefs, Offender to be committed. Defendant pleading otherwife than the General Iffue, and Court declaring the fame to be merely dilatory, Plnintiff may fign Judgment for want of Plea; or if after Appearance entered, and Declaration made. Defendant fliall not plead thereto, Plaintiff may fign Judgment by Default ; and a Jury thereupon fliall be fummoned to affefs the Damages and Cofts. Plaintiff not declaring upon the Defendant's appearing, or not pro- ceeding to Trial, or being nonfuited, &c. Court to award Defendant Cofts : Plaintiff may notwithftand- ing renew his Suit. Ten Days Notice of Trial to be given, and Copy to ^e left with the Steward. Plaintiff" not being refiant, is to bring before the Steward fome Houfholder refiding within the Jurifdiction to enter into Recognizance to profecute with Effect, fe'r. Plaintiff' not procuring fuch Recognizance, Steward may forbear granting Precept againft Defendant. If Proceedings fhall be had on fuch Suit, " without