Page:Ruffhead - The Statutes at Large - vol 8.djvu/267

 A.D. X75y. Anno tricefimo primo Georgii 11/ Q 24. 233 aforefaid. That the fame Proportion fliall, as near as poflible, be obferved in filling up all Vacancies of Com- xTiiifioners that fhall hereafter happen. r,. r -rx i. t> XXV. And be it enacted by the Authority aforefaid. That no Action or Suit for any Debt or Demand, No Suit for not amounting to the Sum of forty Shillings, and recoverable by virtue of this A61 in the faid Court of Re- ^e^ts rccover- quefts, fliall be brought againn any Perfon or Perfons in any other Court whatfoever ; and that the Rcgifter ^"^'^ ^^^ '^''^ or Book of Entries or Proceedings of the faid Court of Requefts fliall be deemed legal Evidence of the Adls brojght in any ajid Proceedings thereof; and that the Order of the faid Commiflioners for the Payment of any Aioney into other Couit. Court for the Ufe of the Plaintift or Defendant in any Suit there dep-ending, fliall and may be pleaded in Bar, or given in Evidence upon the General Iffue in any A(5lion depending in any other Court for the fame Matter between the fame Parties. XXVI. And be it further enabled, That no Attorney at Lavir, or Sollicitor, being ferved with Proccfs of Attornies, &-c. the faid Court, fliall be allowed to plead or maintain any Privilege againft the Procefs, Authority, Juiifdic- ""t exempted tion or Judgment thereof., from Procefs. XXVII. And be it further enafted by the Authority aforefaid, That if any Plaintiff or Plamtifts fhall Plaintiff not ap- fummon, or cayfe to be fummoned, any Defendant or Defendants to appear before the faid Court, under pearing. Pretence of any Debt owing to him, her or them, from fuch Defendant or Defendants, and fliall not appear and profecute fuch Suit or Suits, or fliall not prove, to the Satisfaction of the faid Commiffioncrs, or any. three or more of them, that there was a probable Caufe of Suit and Complaint againfl: fuch Defendant or probable Cauf^ Defendants, then, and in fuch or in either of thefe Cafes, it fliall and may belawful to and for the fiiid of Suit, Commiflioners, or any three or more of them, and they are hereby authorized, impowered and required to tobenonfuited, give Judgment of Nonfuit againft fuch Plaintiff or Plaintiffs, and to award and order him, her or them, to andCcftsaward- i pay the Cofts of fuch Suit or Suits ; and if the faid Commiflioners, or any three or more of them, fliall be m/-^'!'!-' ^"^' < of Opinion, that fuch or either of the faid Profecution or Profecutions was or were vexatious, that then, and „enci'ng ""aJ in fuch Cafe, it fliall and may be lawful to and for the faid Commiflioners, or any three or more of them, to ticusSuit, to . award and order fuch Plaintiff or Plaintiffs to pay to fuch Defendant or Defendants, fuch Damages for fuch pay Cofts, vexatious Profecution as they fliall think reafonable, over and befides the Cofts of Suit on Judgment of Non- ^"^ be fined, not i fuit aforefaid, not exceeding the Sum of ten Shillings ; and in cafe fuch Plaintiff or Plaintiffs, after being '■^'^^'^'"S 'os. i ferved with an Order for Payment of fuch Cofts only, or fuch Cofts and Damages jointly, as fliall be fo refpe6tively awarded againft him, her or them, fliall refufe or negledt to pay the fame; then, and in fuch and which may be ^ in either of the faid Cafes, it fliall and may be lawful to and for the faid Commiflioners, or any three or anTsale "^^'^ more of them, and they are hereby authorized, impowered and required, to iffue out of the faid Court Pro- ' cefs of Execution againft the Goods and Chatties, or Body or Bodies, of every fuch Plaintiff or Plaintiffs, or OffenJermav for levying fuch Damages or Cofts by DIftrefs and Sale, or for compelling, by Imprifonment, the Payment te imprifoned. thereof, in fuch and the like Manner as Execution againft the Goods and Chatties, or Body or Bodies, of any Defendant or Defendants, by virtue of this A£t, may be awarded and ifilied forth. XXVIII. Provided always, and be it enacted by the Authority aforefaid. That this A6t, or any Thing Limitation of herein contained, fliall not extendi to any Debt for Rent upon Leafe, or real Contract, where the Title of t'^e Poweis of any Lands, Tenements or Hereditaments, can or may come, or be brought in Queftion ; nor to any other ^'^'^ ^^ ^''^ Debt, Matter or Thing that fliall or may arife upon or concern the Validity of any Will, Teftament or tam^Debts^T Contracft of Matrimony, and which properly belong to the Eccleflaftical Courts, or any other Thing con- "^ ^ ^' ^* cerningor properly belonging to the Eccleflaftical Courts ; but that fuch Debt, Matter or Thing, maybe fued and profecuted in fuch Court or Courts, and in fuch A4anner, as if this A(5t had not been made, al- though the fame fliall not amount to the Sum of forty Shillings ; any thing herein before contained to the contrary in any wife notwithftanding. XXIX. And be it further enacted by the Authority aforefaid. That if any Action or Suit fliall be Limitation of brought or commenced againft any Perfon or Perfons, for any Matter or Thing done or to be done in purfu- Aftions. ance of this A6t, then, and in fuch Cafe, fuch A6tion or Suit fliall be brought or commenced within fix Ca- lendar A'lonths next after the Fact committed, and not afterwards; and the Defendant or Defendants, in fuch Action or Suit, fhall and may plead the General Iffue, and give this yct, and any Orders, Books of General Iffue. Entry, or other Proceedings of the faid Court of Requefts, and the Special Matter, in Evidence, at any Trial to be had thereupon ; and if the Plaintiff or Plaintiffs fliall become nonfuited, or difcontinue his, her or their A(5tion or Actions, Suit or Suits ; or if, upon Verdict or Demurrer, Judgment fliall be given againft the Plaintiff or Plaintiffs, the Defendant or Defendants fliall and may recover Treble Cofts, and have fuch Treble Cofls. Remedy for the fame, as any Defendant or Defendants hath or have in any other Cafes by Lav/. XXX. And be it further enacted by the Authority aforefaid. That this Act (hall beseemed, adjudged Publick Ad. and taken to be aPublick Act ; and be judicially taken Notice of as fuch, by all Judges, Juftices, and other Perfons whaffoever, wiihout fpecially pleading the fame. It CAP. XXIV. An A61 for the more eafy and fpeedy Recovery of-Small Debts wichin the Borough of Great Tar mouthy and the Liberties thereof. I TT 7 H£ R E A S the Borough of Great Tarmouth in the County of Norfolk, is a Port Town of very Preambk, ' the Mayor of the faid Borough hath ufually held once in every Week a Court of Record, for the Trial of Vol. Vln. H h ' * they
 * VV great Antiquity, and a great and extenfive Trade and Commerce is carried on therein : And v/hereas
 * Civil A6tions, commonly called The Borough Court, but as the Proceedings of the faid Court in the law-
 * ful Courfe and Forms thereof, have been found to be expenfive and dilatory, many ill difpofed Perfons do
 * often contradl Small Debts, and akhough able, refufe to pay the fame, prefuming on the Difcouragemcnts
 * which Creditor^ lie under, from the Expencc which they are unavoidably put to, and the Delays v/hich