Page:Ruffhead - The Statutes at Large - vol 8.djvu/265

 A. D. 1757. Anno triceflmo primo Georgii II. C. 23, 231 XV. And be it further enacted by the Authority aforefaid, That IVtU'tam Smyth of Putney in the Countyciertcsof the of Surry^ Gentleman, and John Baptijt Bj'Jhman of Batterfea in the faid County, Gentleman, {hall be, and Couit. are hereby conftituted and appointed Clerks of the faid Court of Requtits during their good Behaviour ; who fhall, and are hereby impyovvered and required to attend and do the Bufinefs of the faid Court, and to iflue out and reeifter, in proper Books to be kept for that Purpofe, all Summonfes, Warrants, Precepts, Acts, Orders, Difmiffions, Adjournments, Decrees, Judgments, Executions and Proceedings of the faid Court ; and the faid Clerks fhall, and are hereby authorized and required, within ten Days after the paffing pj^g Commif- of this A61, to caufe the firfl: five of the faid Commiffioners, as they ftand in order in this A6f, to be fum- fioners as they moned by the Beadle of the faid Court to attend and do the Bufinefs thereof for the Month of July, and fo ft^nd firft in the like Number of Commillioners, to do the like Duty from Calendar whole Number of Commiffioners ; _ _ fioners monthly, in the Order they now lland and are fet down in this A61 ; and to continue to fummon Bufinefs of the five Commiffioners monthly, in like Rotation, in all fucceeding Times, fo as that the Commiffioners for the Court. time being may, according to the Order aforefaid, and the Order in which they fhall fland in the Lift of Commifiioners for the future, take upon themfelves, and put the Powers in this A61 contained in due Exe- cution. XVI. Provided always, That nothing herein before contained fliall extend, or be conflrued to extend, to commiflionera exclude or debar any of the faid Commiffioners for the time being, from fitting in the faid Court, although impovered to they be not in Rotation or not fummoned as aforefaid, but that all fuch Commiffioners fhall and may, lb ^'t, tho' they be,. often as they (hall refpedively think fit, fit and give Judgment therein ; any thing herein before contained to ""' ''"^ Rotation. the contrary in any wife notwithftanding. ' XVII. And be it further enacted by the Authority aforefaid, That upon the Death, Refignation or Remo- Upon the Death, tal of either of the faid Clerks herein before named, the remaining Clerk fhall continue to be the only Clerk Refign.-uion or of the faid Court, and fhall proceed in the Bufinefs thereof, and in the Execution of all the Powers and Au- Removal of d- thorities by this A<51 vefted in the faid two Clerks, without any new or other Clerk to be nominated or ap- cietk° the ret pointed, in the Place or Stead of fuch of the faid two Clerks as fhall firfl die, rtfign, or be removed, it be- maining clerk* ing the Intent and Meaning of this Ail, that from the Time of fuch firft Death, Refignation, or Removal, to aaflely ; there fliall be, at all Times afterwards, one Clerk only of the faid Court of Requefts, and no more, at one and o^'y <^ne and the fame Time ; and upon the Death, Refignation or Removal of the furviving or remaining Clerk '^^^ ^° .^ ^ herein before named, the whole Number of Commiffioners fhall be fummoned by the Beadle of the faid fut^u^e'Times • Court ; or in Default thereof, by, or by Order of fuch of the Commiffioners for the time being, as fhall be upon his Death prefent at the faid Court of Requefts, next after fuch Death, Refignation or Removal, to meet at fome CommifTioncrs certain Place within the Town or Parifh of JVandfivorth aforefaid j and upon fome certain Day within five t" be fummon- Daysnext after their being fo fummoned ; and fuch Commiffioners as fhall be aflembled at fuch Meeting, or ^'^ toeledtanev* the major Part of them, are authorized, impowered and required to eledl and appoint another Perfon in the °"^* j Room of fuch Clerk, and fo from time to time thereafter, every Vacancy of the Office of Clerk fhall be filled up and fupplied by the like Ele6tion and Appointment. XVIII. And be it further enabled by the Authority aforefaid. That it fhall and may be lawful to and for Comrr.inioners the faid Commiffioners for the time being, or the major Part of them, .and they are hereby required, to meet to meet and ap- jr afiemble together at fome convenient Place within the Town or Parifh of JVandJworth aforefaid, within point a Beadle, rwenty Days after the paffing of this Ail, and then and there nominate and appoint fome fit and fufficient Perfon to be Officer, by the Name of Beadle of the faid Court, for executing all and every the Procefs of j the faid Court of Requefts committed to his Charge within the faid Weftern Divifion of the Hundred of Brixton, who is hereby authorized, impowered and required, by himfelf, or by his fufficient Deputy or De- puties, for whom, and for whofe Behaviour, he fhall, at all Times, be anfwerable, to execute all Warrants, I Summonfes, Orders, Executions, Precepts and Procefs, iffijing out of or from the faid Court of Requefts, lor the faid Commiffioners for the time being, and upon the Death, Refignation or Removal of the faid and at all Times thereafter, as the Office of Beadle fhall become vacant ; and which faid Beadle, fo nomi- ^nated and appointed as aforefaid, fhall hold the faid Office of Beadle of the faid Court, during his good be- haviour, and no longer and (hall and may be removed from the faid Office from time to time, for R4ifbe- haviour, to be judged and determined upon by the faid Commiffioners for the time being, or the major Part of them, in Manner as is herein after mentioned. XIX. And be it further ena6ted by the Authority aforefaid. That no Perfon or Perfons fhall be capable CommirTioners 'of_ acting as a Commiffioner or Commiffioners, in the Execution of the Powers given by this Adl, until fuch to take the foi- Time as he and they fhall have refpeclively taken an Oath to the Eftedl following : lowing Oath be- fore they adt, I A. B. do fwear. That I v/ill faithfully, impartially and honeftly, according to the beft of my Judg- ment, hear and determine fuch Matters and Things as fhall be brought before me, by virtue of an Ail of Parliament, intituled. An A6i foi- the 7nore eafy andfpeedy Recovery ^ Small Debts within the Wejiern ' Divifion of the Hundred of Brixton, in the County c/'Surry, without Favour or AfFeilion to either Party.' Which Oath one of the Clerks of the faid Court, or any one of the Commiffioners, who fhall himfelf have clerk to admi- taken the faid Oath, are or is hereby impowered and required to adminifler in open Court ; a Memorial nifter and rcgi. whereof fhall be entered in the Regifler of the faid Court. >-. ft" ihe Oatik. XX. And be it further enaited by the Authority aforefaid, That the feveral Fees herein after limited and IKcprefTcd,^ and no other Fee or Fees, fliall and may be taken for the refpeitive Services of the faid Clerks and Beadle of the faid Court for the time being that is to fay, For i
 * Beadle, to chufe another Perfon or Perfons in his or their Room, and fo in like Manner from time to time,