Page:Ruffhead - The Statutes at Large - vol 8.djvu/268

 234 C. 24. Anno tilcefimo primo Georgii II. A. D. 1757. And be it enafted by the King's moft Fi^xcellent Majefty, by and with the Advice and Confcnt of the Lords Spiritual and Temporal, and Comm.ons, in this prelent Parliament afiernbled, and by the Authority of the fa'me, That the Mayor, Juftices of the Peace, and Aldermen of the faid Borough, for the time bein?, and ifo the thirty following Perfori?, being Principal Inhabitants of the faid Borough ; that is to fay, Richard. '■'ightin Lovs Efquire, Thomas Daiajon, Charles le Grys^ Wil- Utiing, Chytfiopher Eaton, Gerrard Trotter, Edmund /"wZ/cr Efquire, Richard Luf on Efquire, Barry Brighti) Ham Manning, "John jllorris, Thomas Adkin, Thomas be, and are hereby appointed Commiffioners, to hear and determine all fuch Matters of Debt and Detinue, as are herein after mentioned ; and faid Commiffioners, and their SucceiTors, are hereby conftituted a Court of Jullicc, by the Name of T7;^ Csttr^ cf Requejh for the Borough^ Totvn arid Port c/" Great Yar-. mouth, aud the Liberties thereof ; and they the faid Commiffioners, or any three or more of them, fhall, and are hereby impowered and required to meet and hold the laid Court on every Ilfonday, or oftner, if there fnall be Occafion, in the Toll-houfe Hall of the faid Borough, Town and Pott, or at any other convenient Place within the Liberties of the laid Borough, to be appointed by the major Part of fuch of the Commif- fioners as {hall be aflembled at any fuch Meeting ; and the laid Commiffioners, or any three or more of them, from time to time, aflembled at fuch Courts, are hereby authorized, and fully impowered, to hear and determine all fuch Caufes as are hereafter mentioned, and to give fuch Judgments, and to make fuch Or- ders and Decrees therein, and to award Execution thereupon, with Cofts, againft the Btidy and Bodies, or, againft the Goods of all and every the Perfon and Perfons againft whom they fliall give any fuch Judgment, If the Commif- or make any fuch Order or Decree, as to them fliall feem jufl in Law or Equity ; and if the Commiffioners f.oncrs fliail be (q aflembled fhall happen to be equally divided upon any Queftion which may come before them, the Mayor equally divided ^p ^j^g j-^jj Borough for the time being, if prefent, or in his Abfcnce, the Deputy Mayor, if prefent, or in ft^on ^"/hofhall '"I'S Abfence, the lenior Alderman prefent, and if no Alderman is prefent, the Commiffioner prefent who have'the carting ll^ands firft in the Lift of Commiffioners, to be hung up in the Court or Place where the Commiffioners fhall . Vote. meet, fhall have the calling Vote. On Dearb, &c. H. And be it further enatSled by the Authority aforefaid. That from time to time on the Deccafe or Re- of CommJinon- fjgnation of any or either of the thirty Commiffioners herein before particularly named, or of any or cither e-,s, otheis to ^^ their SuccefTors, to be elefted in Manner herein after immediately mentioned, it fhall be lav/ful for the ocn. Surviving or remaining Commiffioners, or the major Part of fuch of them as fhall be aflembled at a Meeting to be held for that Purpofe, within the Space of one Month next after fuch Deceafe or Rcflgnation fliall hap- pen or be known, to ele£l and appoint one Commiffioner in the Stead of fuch Commiffioner lb dying or re- fuflno- to avt ; and every fuch Conimiffi.oner fo elected, fhall be, and is hereby enabled to ad: in the Execu- tion of the Powers hereby granted, as fully and efFe(5lua]ly to all Intents and Purpofes, as if he had been CivUMagiftrates herein particularly named a Commiffioner. toha%enoVote III. Provided always. That the Mayor, Jufl^ices of the Peace, and Aldermen of the faid Borough, fhall in theFJcdtiori of have no Vote in the Elccflion of any fuch new Commiffioner. CoTraifTi ners, jy^ ^,^^3 l^g jj. further enadcd by the Authority aforefaid. That from and after the twenty-fourth Day ofjufie Method of Pro- ^j^^ thoufand fcvcn hundred and fifty-eight, it fhall and may be lawful to and for any Peifon or Perfons what- Tvl'v^oVotbts foever, who now hath, have, or hereafter fhall have, any Debt or Debts, Thing or Things, under the Value of Inthe'faidCo-.r'r, forty Shillings 'hjc crowing, or belonging unto him, her or them, in his, her or their own Right, or as Execu- rot txceediog ' tor, Adminillrator, Guardian orTrullce, to any other Perfon or Perfons, by or from any Perfon or Perfons v/hatfoever, inhabiting or refiding within the faid Borough of Great Yarmouth, or the Liberties thereof, or ufmg or frequenting the Markets thereof, or ufually buying or felling, or feeking a Livelihood therein, or failing or navio-ating to and from the faid Port and Haven oF Great Yarmouth aforeiaid, to apply to any one of the Perfons herein after nominated and appointed for that Pu-rpofe, who ihall immediately make out and deliver to one of the Serjeants at Mace for the fiid Borough for the time being, (which faid Serjeants at Mace are hereby appointed, authorized and required, to execute all V/arrants, Precepts and Procefs, of the faid Court cf Requeflrs) a Summons, in Writing, under his Hand, directed to fuch Debtor or Debtors, expreffing the Sum or Thing demanded of him, her or them ; the Party demanding and requiring him, her or them to ap- pear at a certain 'I'ime and Place to be mentioned in fuch Summons, before the Commiffioners of the faid Court, to anfw-'r fach Complaint; and the Serjeant at Mace f}>all forthwith cauf' fuch Summons to be fer- ved on fuch D'^-btor or Debtors, cither pcrfonaily, or by leaving the fame at the i^welling-houfe. Lodging, Place of Abode, Shop, Shed, Stall, Stan!, or other Place of dealing or trading of fuch Debtor or Debtors, being within the Limits of the faid Borough, or the Liberties thereof, with his, her or their Servant, or other Perfon belonging to him, her or them ; and that upon Proof made that fuch Summons ha:h been duly ferved, the faid Commiffioners, or any three or more of them, aflembled in Court, being a Majoity of fuch Court, are hereby impowered and required to make due Inquiry concerning fuch Demands or Plaints, and make fuch Orders and l^ecrecs therein, and pafs fuch final Judgment or Sentence thereupon, and award Cofl:s of Suit, as to them fliall fecm moft agreeable to Equity and good Confcience : And for the tietter Dif- covcry of the Truth, and more folemn Determination of Matters and Caufes which fhall be depending in the faid Court, it fhall be lawful for the faid Commiffioners, or any three or more of them, afiemlilcd in Court, and they are hereby impowered, to adminifter, orcaufe to be adminiftered, an Oath or Oaths to ci- ther of the Parties, an I t ) fuch Witu'fs or Vitncflcs, as fhall be produced by each Party, and to the Offi- cers of the faid Court ; and alio to any other Perfon or Ptrlons whofc; Evidence fhall fecm ncccfliiry towards the Heiring or Determining any of the faid Caufes, or making any Order or Decree therein, or for any other Purpofes rcquifit.' to the Execution of this Ad. V. And tC Si
 * they meet with, in fuing for fuch Debts :' JVlay it therefore pleafe your Majefly, that it may be ena£ted ;