Page:Ruffhead - The Statutes at Large - vol 8.djvu/269

 A. D. 1757. Anno tricellmo primo Georgii II. C 24. 235 V. And be it further enacted by the Authority aforefaid, Thcit if fuch Debtor or Debtors, who fhail have Debtor not ap- bcen duly fummoned as aforefaid, fliall not appear before fuch Court at the Time and Place mentioned in pcaring, being the fiid Summons ; then it fliail and may be lawful to and for the faid Commiffioners, or any three or more ^^h i"u^mor,ed, of them fo affembled, being a Majority of the faid Court, after due Proof mide upon Oath of the Service of '^°"''^ h%T^' the faid Summons in Manner aforefaid, to hear the Caufe on the Part of the Plaintiff or Plaintiffs only, and .ft-'a^nda^wsrii"^' to make fuch Order, Decree or Judgment, and to award reafonable Cofts of Suit, as to them (hall feem molt reafonrfbieCofts : agreeable to Equity and good Confcience. VI. And be it further enacied by the Authority aforefaid. That if upon the Day of the Return of the But if the Summons, or at any Continuation or Adjournment of the faid Court, the Plaintiff or Plaintiffs fliall not HiaintiiTbecom« and to order and oblige the Plaintiff or Plaintiffs to pay the fame, by fuch Ways and Means as are herein provided for the Recovery of Debts, ordered and decreed by the f;,id Court. VII. And be it further ena6ted by the Authority aforefaid. That in any Cafe where the faid Commiffion- Procefsof Exe- crs, or any three or more of them, as aforefaid, fhall have made any Order or Decree for the Payment of cution againft Money, it fliall and may be lawful to and for the faid Commiilioners, or any three or more of them, being the Party' or a Majority of the faid Court, to award Execution either againft the Body or Goods of the Party againft Goods, to be if- faid Court, at the Prayer of the Party profecuting fuch Order or Decree for the Payment of Money, to iffue court, a Precept under his Hand and Seal, by Way o Ccpias ad Sntisfaciendum-, or Fieri Facias., to the Serjeants at Mace of the faid Borough, or any one of them, who by virtue of any fuch Precept iffued upon Execu- con'^;7ttd o tion awarded againft the Body of fuch Party, fliall and may, and is and are hereby impowered to take fuch Execution 'iilned Party, being within the faid Borough, or Liberties thereof, and carry him, her or them to the Common againil his Body, Gaol or Houfeof Corrcdlion for the faid Borough, there to remain until he, flie or they fliall perform and for any Time obey fuch Order, Decree or Judgment, fo as no Perfon fliall remain in Confinement upon any fuch Execu- "°^^'";'j^^'''"^ tion, for a longer Space than three Calendar Monties ; and by virtue of any fuch Precept iffued upon Exe-^fP°p"'p,-5*,f^-ig cution awarded againft the Goods of any fuch Party, fliall and may, and is and are hereby impowered to levy againft the by Drftrefs and Sale of the Goods of fuch Party, being within the faid Borough, or Liberties thereof, fuch Goods, the Sums Sum or Sums of Money, and Cofts, as fliall be fo ordered, decreed and adjudged : And if the Party, againft <^'J« ihereon m«y whofe Body or Goods any fuch Execution fliall be awarded, and Procefs thereupon fltiall iffue, fliall, by ab- j^'^^J^^^^j 5^ P'" fconding, or by fecreting his, her or their Goods, or by any other Means, prevent or evade the Service or ^^^l abfcond^- Eftedl ot any fuch Execution ; it fliall and may be lawful to and for the faid Commiffioners, or any three or ing, or evading more of them, affembled in fuch Court, being a Majority of the faid Court, upon due Proof made to them, the Service of by the Oath or Oaths of one or more credible Witnefs or Witneffes, that the Service or Effedl of the faid ^"f*^ Procefs, Exrcution had been prevented or evaded, at their Difcretion to award another Execution, either againft the ^1°"^^'^''" T""^ Eodyor Goods of fuch Party, and Procefs fliall iffue thereupon, and be ferved by the faid Serjeants at av"r7a'nother Mace, or one of them, in Manner as is aforefaid : And in cafe the faid Court fliall at any Time, upon the Execution. Requeft, and for the Eafe and Convenience of the Defendant or Defendants, order, decree or adjudge a Where theCourt Debt due to the Plaintiff or Plaintiffs, to be paid by feveral Payments, upon the firft Default or Failure of '^<''' "'"^'^ ^ any of the faid Payments fo ordered, decreed and adjudged, the faid Commiffioners, or any three or more ^'^'j.^J^j.^j^P^'!^, of them, affembled in fuch Court, being a Majority of the faid Court, at the Inftance of the Plaintiff or Jt.,,^;"' ^^* Plaintiffs, and upon due Proof of the faid Defaulter Failure, fhall and may award Execution for the whole the Defendant Debt, or fuch Part thereof as fliall remain unpaid at the Time of fuch Default or Failure, together with fuch li^We, on the further Cofts as to them fliall feem meer, to be recovered by the fame Methods and Means as are herein pro- ^''^ DefaD}r, to vided for the Recovery of a Debt and Cofts firft decreed j the former Order, Decree or Judgment to the ^T'^'u'T 'c' contrary notwithftanding. . J b the whole Sum, VIII. And be it further enadled ly the Authority aforefaid, That upon every Precept to be iffued upon p^j^,, ,nd"i"cfls Execution awar^ded againft the Body or Goods of any Perfon or Perfon's, the Clerk of the faid Court fliall to he i'ndorfed indorfe, or caufe to be indorfed, the Sum or Sums and Cofts fo ordered, decreed or adjudged, and the Cofts on the Back of of the faid Execution ; and if the Party againft v.'honi fuch Execution fliall be awarded rcfpectively, fhall, the Procefs. before anyadual Sale of the Goods, or before he or fhe is apprehended, or before the Expiration of the ^" Payn^f"' Term of his or her Imprifonment, pay, or caufe to be paid or tendered, unto the Clerk of the faid Court, Feesr'ExTcution fuch Sum or Sums and Cofts, together with one Shilling, as a Reward for his Trouble in receiving and pay- to be' fuperftded, ing over the faid Debt and Cofts, and entering Acknowledgment of SatisfaiSlion in full for the fame ; and alfo the Sum of two Shillings and two Pence for Gaol Fees (in cafe fuch Perfon or Perfons fhall have been committed to Prifon) then and in any fuch Cafe, the Execution fhall be fuperfeded, and the Body or Goods of the faid Party fhall be difcharged and fet at Liberty. IX. And be it further enaded by the Authority aforefaid. That no Privilege, or pretended Privilege, fhall No Privilege to he allowed to exempt any Perfon liable to be fummoned by virtue of this A£l, from the Jurifdidion of the P'event theExe- faid Court of Requtfts, on Account of his being a fworn Attorney or Solicitor of any of the Courts at IFeJ- ^'^°" °^ '*' wirfler^ or of any Court whatfoever. X. And be it further enacted by the Authority aforefaid. That if any of the Serjeants at Mace who fliall OffcerAieVring be employed to ferve an Execution, fhall, by wilful or notorious Ncgleft or Connivance, caufe or fuffer the ^^f ^'•'" "" Party againft whom fuch Execution fhall be awarded to efcape or "abfcond, or the Goods of fuch Party to Sd^s'-o be be car^rud away or fecreted^ fo that fuch Execution fliall not have4ts iwz Effeft, it fliall and m.ay be lawful fecretcd, "" ' or more of them, affembled.at any fuch Court, being a Ma-
 * whom fuch Order or Decree fliall be made ; and thereupon it fliall and may be lawful for the Clerk of the nJent°o"f /j^^ ^"
 * , and due Proof thereof, upon the Oath or Oaths of one or liable, upon

fuch Serjeant at Mace to pay the Sum or Sums of Money for Conviai-m, to H h 2 which i"^y '^^ ^*^''