Page:Ruffhead - The Statutes at Large - vol 8.djvu/262

 228 C. 23, Anno trlcefimo primo Georgu II. A. D. 1S7^ ■Execution there- upon. Court to fit weekly, on ThurfJay, at Wandfworth or Putney, &c. Method of Pro- ceedings, and Recovery of Debts in rhe faid Court, not ex- ceedi/jg 40 s, .All Orders, ice. of the Court to be regiflered. Afting Commif- (ioners impow- cred to make Rul^s and Or- dtrs for legula- ting fh*" Praiflife of ttic Court, fo as the fame bs not inconfiftent with the In rent of the Aa. Court to procerd to give JuHgmci.t according there- to, up-^n Mat- ter? of Debt brought before Ihem, Procefj of F.xecution agairift the Party, r,r Gocc's, to be ir.entioned ; and that the firft two Courts to be held by virtue of this AGt fhall be at Wandiworth and the third Court at Putney^ and fo in like Manner, two Courts to be held at JVandfxvorth and one at Fuimy al- ternately, at all Times hereafter. ■^' II. And be it further ena6ted by the Authority aforefaid, That from and after the pafling of this Acl it fhall and may be lawful to and for any Perfon or Perfons to whom any Debt or Debts, bum or Sums' of Money is, are or ftiall be due or owing, in his, her or their own Right, or in the Right of any other Perfon' or Perfons to whom he or fhe fhall be Executor, Adminiftrator, Guardian or Truftee, and for which Debt or Debts he, fhe or they fhall demand any Sum, not amounting to the Sum of forty Shillings, from any Perfon or Perfons whomfoever, refiding, lodging and mhabiting or keeping any Sho_p,_ Shed, Stall or Star^^ of at any Time out of Court, touching fuch Debt or Debts ; and upon fuch Complaint, tne'i^dd'cierkVor the time being, fhall caufe fuch Debtor or Debtors to be warned or fummoned by the Beadle or Officer of the faid Court for the time being, by Writing, to be left at the Dwellmg houfe or Place of Abode Shop Shed, Stall, Stand, or any other Place of dealing, lodging or working of fuch Debtor or Debtors' or by any other lawful and reafonable Notice or Warning to be given to the faid Debtor or Debtors, to 'appear before the Commiflioners of the faid Court for the time being, at fome certam Court, and at fome certain Place in the faid Summons or Notice to be mentioned, to anfwer touching fuch Debt or Debts • and upon the Return of iuch Summons or Notice, and at the Time and Place therein mentioned, and at all Times afterwards, as there fhall be Occafion, in cafe fuch Debtor or Debtors appear according to the faid Sum- mons or Notice, the faid CommifTioners for the time being, or any three or more of tiicm, fhall and may hear and determine concerning fuch Debt or Debts, and fliall have full Power and Authority by virtue c£ this Acl, to make, or caufe to be made, fuch A6ls, Order or Orders, and to give and pronounce fuch Judg- ment and Judgments, Decree and Decrees, for or againft fuch Plaintiff or Plaintiffs, Defendant'or Defen- dants, touching the fame, and the Cofts of fuch Suit, as to them fliall fecm agreeable to Juflicc and Kquitv • which A6fs, Orders, Judgments and Decrees, fhall be final between the Pa'rties thereto ; but in cafe fuch Debtor or Debtors fhall not appear according to fuch Summons or Notice as aforefaid, to anfver touching fuch Debt or Debts as aforefaid, then the faid Commiffioners, or any three or more of them, beinr aflemWed in the faid Court as aforefaid, fhall have Power and Authority by virtue of this Aft, upon due Proof being made before them, that fuch Debtor or Debtors was or were duly warned or fummoned, as aforefaid to proceed, ex Parte, to hear the Matter of the Complaint touching fuch Debt or Debts, and to make 'and pronounce thereupon fuch Order or Orders, Judgment or Judgments, Decree or Decrees, concerning the fame, as to them fhall fecm jufl and equitable ; and fliall fet down and appoint fome certain Time and Place according to their Difcretion, for fuch Debtor or Debtors to flicw Caufe before the Commiffioners of the faid Court, or any three or more of them, againfl fuch Order or Orders, Judgment or Judgments, Decree or Decrees, fo made and pronounced upon a Hearing, ex Parte, as aforefaid ; at which Time and Place or' at any other fubfequent Court or Courts, the faid Commiffioners, or any three or more of them fli:'.ll have full Power and Authority by virtue of this Acf, whether fuch Debtor or Debtors fhall appear, or fhew Caufe or not, upon due Proof that a Copy of fuch Order or Orders, Judgment or Judgments, had been delivered to fuch Debtor or Debtors, or left at his, her or their ufual Place of Refidence or Abode, or dealing or working as aforefaid, or that any other lawful and reafonable Notice thereof had been given to fuch Debtor or Debtors, to make and pronounce fuch final Orders, Judgments or Decrees, between the Parties touching fuch Debt or Debts, and the Cofis of Suits, as to them fliall appear agreeable to Equity and good Con- fcience ; and all fuch Afts, Orders, Judgments and Decrees, and all and every the Proceedings of the faid' Commiffioners, fhall be entered and reyiitered in a Book or Books, to be kept for that Purpofe, by the- Clerks or Clerk of the faid Court, and fliall be obferved, performed and kept in all Parts, as well by the- Plaintiff as by the Debtor or Defendant. III. And, for the better regulating the Proceedings of the faid Court, and rendering this Aft cffeftual for the Purpofes thereof} Be it enafted by the Authority aforefaid, l^hat the faid Commiffioners, who, according to the Rotation herein after prcfcribed, fliall be the afting Commiffioners for the time being, or any three of them, fhall have full Power and Authority by virtue of this Aft, from time to time, and as often- as they fliall fee Occafion, at any of the faid Courts, to make fuch Rules or Orders, for the better regulating- the Praftice of the faid Court, as to them fhall fcem neceffary and conducive to the Purpofes of this Aft • io as thty be conformable to Law, and do not tend to leflen or abridge the Fees herein after allowed by this Aft to be taken by the C'fiks or Clerk, and Beadle or Officer of the faid Court for the time being, or to- the Kxcrcife of any Jurifdiftion inconfiftent with the true intent and Meaning of this Aft, and do relate to the Procefs, Praftice and Method of Proceeding, of and in the faid Court only ; according to which Ride* and Orders, fo from time to time to be made, the faid Conmiiffioncrs, or any three or more of them, fhall- have Power and Authority by virtue of this Aft, to proceed upon and to hear and determine ail Matters of Debt, not amounting to the (aid Sum of foity Shillings, which fliall be brought before them by viriiie of this Aft ; and to make and pronounce fuch Judgments and Decrees concerning the fame, and the Cofls of Suit as to them fhall feeni agreeable to Equity and good Confcience. IV. And be it further enafted by the Authority aforefaid. That upon making and pronouncing every furh final Order, Judgnient or Decree, as the faid Commiffioners, or any three or more of them, fliall' make and fct down, for or concerning, or relating to fuch Debt or Debts, Complaint or Complaints, and- Cofts