Page:Ruffhead - The Statutes at Large - vol 8.djvu/264

 230 C. 23. Anno tricefimo primo Georgii II. A. D. 1757. fendant or Defendants, Witncfs or Witr.eflls, and Perfons aforefaid, as are or (hall be of the People called Quakers, if the faiJ Commiflioners, or any three or more of tliem, fhall To think fit. IfanyAftion IX. And be it further enai5tcd by the Authority aforelaid, That if any Adtion of Debt, or upon the for D-bt under Cafe, upon any Jfjumtfit for Recovery of any Debt, to be fued or profecuted againft any Perfon or Perfons <.os. frail be liable to be fumnioned as aforefaid, in any of the King's Courts at JVeJiminJier^ or elfewhere out of the faid loeo in aay other (^Q^^t of Requcfts, the Plaintiff {hall declare for any Sum of Money not amounting to the Sum of forty ' Shillings, the Defendant may plead generally in Bar of kich Action, that at the Time of commencing fuch Aclion, the Defendant was liable to be warned or fummoned before the faid Court of Requefts, without pleading any other Matter fpecially ; and in cafe ;he Plaintiff in any fuch Action ftiall declare for the Sum of forty Shillings, or any Sum of Money exceeding the Sum of forty Shillings, the Defendant may plead generally over and above fuch Matters as aforefaid, that the Defendant was not at the Time of commencing fuch A(Slion indebted to the faid Plaintiff, in any Sum or Sums of Money amounting to the Sum of forty Shil- lings, without pleading any other Matter fpeciall •, whereto the Plaintiff {hall and may reply generally, and deny the Matters pleaded as aforefaid ; and if the Plaintiff be noniuited, or difcontinue his Aclion, or Ver- di6l pafs againft him, or Judgment be given on Demurrer, the Defendant fhall have Full Cofts ; and in cafe fuch Defendant or Defendants ftiould negle6t to plead luch Matters fpecially to fuch A6tion, and (hall plead the General Ilfuc, or any other Special Matter, no' herein before particularly mentioned, and the Jury upon the Trial of fuch Adtion, fhall, by their VerdicV, find the Debt, Damages, or Sum of Money due to the Plaintiff", to be under the Sum of forty Shillings, fuch Verdidl (hall be, and is hereby declared to be void to tTic Couit to all Intents and Purpofes ; and it fhall and may be lawful to and for the Court in which fuch Action (hall be award the De- depending, to tax and award the Defendant or Defendants in fuch A6lion, his, her or their Full Cofts of fefiHantFuU Suit, in the fame A'lanner as if a Verdift had paffed for the Defendant or Defendants in fuch Aiflion ; and ^°'^^' the Defendant or Defendants fhall, in fuch Cafe, have the fame or the like Remedy for obtaining and reco- vering fuch Cofts, as in Cafes where a Verdiil: paffes for the Defendant in the like Action. "But the Plaintiff X. Provided always. That it ftiall and may be lawful to and for the Plaintiff' or Plaintiffs in fuch Ac- may afterwards tlon, afterwards to profecute the faid Defendant or Defendants, for the Recovery of the faid Debt, in lue for the lame ^j^e faid Court of Rcquefts ; any thing herein before contained to the contrary thereof in any wife not- Re-u-il'. withltandmg. "* " "" XI. And for the more effectual eftablifliing the faid Court of Requefts, and the better enforcing the Or- ders and Decrees which ftiall be made by the faid Commiffioners for the time being, and that fuch Commif- fioners may be inverted with proper Power and Authority, and be free and exempt from any Infults or Abu- Penalty of In- fes ; Be it further enafted by the Authority aforefaid. That if any Perfon or Perfons ftiall contemptuoufly fiiltingorabu- affront, infult or abufe, all or any of the Commifrioners of the faid Court for the time being, during their drfn'^^thek Sit- ^^"'"g '" ^^ ^^''^ Court, it ftiall and may be lawful to and for the Beadle of the faid Court for the time being, ting. * ' by Order of the faid Commiffioners then fitting, or any three or more of them, to take fuch Perfon or Per- fons fo offending as aforefaid into Cuftody, and carry him, her or them before one or more of his Majefty's Juffices of the Peace for the faid County of Surry^ to anfwer fuch Affront, Infult or Abufe, and upon the Fact alledged being duly proved upon the Oath or Oaths of one or more credible Witnefs or Witneffes, againft him, her or them, then, and in fuch Cafe, the faid Juftice or Juftices ftiall impofe and fet upon fuch Perfon or Perfons offending as aforefaid, fuch Fine or Ftnes as to fuch Juftice or Juftices (hall feem meet and reafonable, provided the Fine on any one Perfon do not exceed the Sum of forty Shillings. Fines to be le- XII. And be it further enacted by the Authority aforefaid. That upon the Non-payment of the faid Fine ^'^sV^^"^ fo to be impofed or fet upon any Perfon convicted of offending as aforefaid, it (hall and may be lawful for the faid Juftice or Juftices to ilfue a Warrant or Warrants under his or their Hand and Seal, or Hands and Seals, for levying the faid Fine or Fines fo impofed upon the Goods and Chatties of every fuch Offender or Of-" fenders, being then refiant or inhabiting in the County of Surry, and to caufe Sale to be made thereof, in cafe fuch Goods and Chatties (hall not be redeemed within five Days, rendering the Overplus, if any, to the Perfon fo oficnding, after the Charges of fuch Diftrefs and Sale are deducted ; and if fuch Offender or Offenders (hall not be refiant or inhabiting within the County of Surry, or (hall not have any Goods or Chatties within the faid County of Surry, whereof fuch Fine or Fines can be levied as aforefaid, then, and ' in fuch Cafe, and upon Non-payment of fuch Fine or Fines, it ftiall and may be lawful for the faid Juftice or Juftices, by ^'^arrant under his or their Hand and Seal, or Hands and Seals, to commit fuch Of- fender or Oftenders to the Gaol of the Coun'^^y of Surry, there to remain for the Space of one Calendar Month, unlefs he, flie or they ftiall fooner pay the faid Fine or Fines fo impofed as aforefaid; in which Applirafion of Cafe he, (he or they, on Payment of fuch Fine or Fines, ftiall forthwith be difchargcd out of Cuftody, and the Fines. f^^.^ Vine or Fines (hall be applied to and for the Benefit of the Poor of the Pr.rifti where fuch Offence (hall have been committed, in fuch Manner and Proportion as the faid Juftice or Juftices of the Peace (hall think fit and convenient. CopVsof the XIII. And be it further enacted by the Authority aforefaid. That the Clerks or Clerk of the faid Court for two lift ciauf-s the time being, ftiall, from time to time, affix, or caufe to be afKxed, upon the Doors of all the Parifti the^Do!^"on",e tJhurches in the faid Wcftern Divifion of the Hundred of Brixton, and likcwife in the Room where the faid ci)urth':5 and Court fti;il! be held, true Copies of the laft two preceding Claufcs of this Act, to the End that no Perfon or lii the Court. Pcrfons (hall or may pretend Ignorance in the Premiffes. XL/. And be it further enacted by the Authority aforefaid. That in cafe any Perfon or Perfons (hall make Oath or affirm, or give Evidence in any Caufe depending in the faid Court of Requefts, whereby he, (he or they ftiall commit any wilful or corrupt Perjury, and fliriU thereof be duly convicted according to Law, then, and in fuch Cafe, every fuch Perfon or J-'erfons ftiall incur and fuffer the like Pains and Penalties as any other Perfon or Perfons convicted of wiltul and corrupt Pcijury, according to the Laws and Statutes of this Realm, arc nov/ fubiect unto. XV. And