Page:Ruffhead - The Statutes at Large - vol 8.djvu/272

 238 C. 24, Anno tricefimo primo Georgii II. A.D. 17 'SI. Defendants m?,y plead generally, over and above fuch Matters as aforefaid, that the Defendant or Defen- dants, was or were not at the Time of commencing UichAdlion, indebted to the PJaintifF or Plaintiffs, in any Sum of Money amounting to forty Shillings, without pleading any other Matter fpecially, and unto the faid Pieas, the PlaintifFor Plaintiffs fhall or may reply generally, and deny the Matter pleaded as aforefaid ; and if the PlaintifFor Plaintiffs be nonfuited, or dilcontinue his, her or their A6lion, or Verdi6t pafs or Judgment on Demurrer, be given againft him, her or them, the Defendant or Defendants fhall have Double Coffs, unlefs the Judge who (hail try fuch Caufe, upon any fuch Plea or Pleas as aforefaid, (hall in open Court certify on the Back of the Record, that there was a probable or reafonable Caufe of A6tion for fome M.O'. ney or Thing of the Value of forty Shillings or more, or that the faid Caufe was not within the Jurifdic- ■ tion of the faid Court of Requefts, or that an Av5l of Bankruptcy principally came in Queftion. Bat the Plaintiff XX. Provided always, That it fhail and may be lawful to and for the Plaintiff or Plaintiffs in fuch Ac- ir.ay atterwai s j-jon afterwards to proKcute the faid Defendant or Defendants for the Recovery of the faid Debt or Thine; : fic w the lime. ' ,- • 1 /— ,-'^r> n i-i-ir -ii ■ n i- **
 * - the Court of *'' 'he laid Court or Kequelts ; any thmg herein before contamed U) the contrary notwitnuandnig.

Wcqueric, Debt; recover- able in this C oi;rt not fue- p.b'e elfcttberc. Decree of the Court therein to bat all Ac- tions in other Ceurts. Caitle not re- moveable W higher Courts, and |iidgmcnc to be hnal, l.irr.itation of the I'oncrs ot this Act with rL-fpcct to cer- tain Debts, &-C. XXI. And be it further ena6ed by the Authority aforefaid. That no A6tiou or Suit for any Debt or Thing not amounting to the Value of forty Shillings, and recoverable by virtue of this A<ft in the faid Court of Rtqueils, fhall be brought againfi: any Perfon or Perfons in any other Court vvhatfoever ; and if any Adfion or Suit Ihall be brought iji any other Court for any Matter within the Jurifdi6tion of the faid Court of Requefts, and concerning which any Order, Decree or Judgment fhall have been made or given in the faid Court of Requefts, fuch Order, Decree or Judgment, being pleaded or given in Evidence on the General Iffue of fuch Action or Suit, llialj, as to the Matters contained therein, be an effedlual Bar to the Plaintiff or Plaintift's in fuch A£lion or Suit ; and the Regifters or Books of Entry of the faid Court, or true Copies proved by the Oath or Oaths of one or more credible Witnefs or Witneffes, fhall be deemed le- gal Evidence of the A6ts and Proceedings of the faid Court ; and no Suit which fhall be commenced in thfe faid Court of Requefts in purfuance of this A<3-, nor any Proceeding therein, fhall or may be removed into any fuperior Court, but the fame fhall be final and conclufive to all Intents and Purpofes. XXII. Provided always, and be it enabled by the Authority aforefaid. That this A(Si: or any thing hereih contained, fhall not extend to any Debt for Rent upon any Leafe or Contrail, where the Title of any I^ands, Tenements or Hereditaments, can or may come in Queftion ; nor to any Debt, A'latter or Thing that fhall or may arife upon, or in any wife relate to or concern, any Caufe of Teftament or Matrimony, or any thing concerning or properly belonging to the Ecclefiaftical Courts ; nor for any Debt for any Mo- ney or Thing won at, or by Means of any Horfc Race, Cock Match, or any Kind of Gaming or Play ; nor for any Forfeiture upon any Penal Statue or By-law; nor to any Debt whereof there has been no Con- ira(5l or Undertaking to pay within fix Years before the taking out the Summons, although the farne fhall be under the Value of forty Shillings. XXIII. Provided alfo, and be it enabled by the Authority aforefaid, That this A61 or any thing herein '.he Court of Ad- contained, fhall not take away, limit or leffen the Jurifdi(5fion of the Court of Admiralty, held in and for miralty not jj^g Borough and Port of Great Yarmouth aforefaid, by virtue of certain Royal Grants or Charters, but all Caufes lawfully cognizable in that Court, may continue to be commenced, profecuted and determined therein, according to the ufual Courfc and Pradlice thereof as heretofore hath been ; any thing in this A£l contained to the contrary notv/ithftanding. XXIV. And be it further enacfted by the Authority aforefaid, That if any Perfon or Perfons, in making Oath or giving Evidence in any Caufe or Matter depending in the faid Court of Requefts purfuant to this A6f, fhall commit wilful and corrupt Perjury, fuch Perfon or Perfons being duly conviified thereof accord- ing to Law, fhall incur and fuffer fuch Pains and Penalties as any other Perfon or Perfons convi6led of wil^ ful and corrupt Perjury is or are fubjecl and liable to by the Laws and Statutes of this Realm. XXV. And be it further enadted by the Authority aforefaid. That the refpec^ive Keepers, for the time being, of the Common G lol or Houfe of Corre(5lion within the faid Borough, Ihall, and they are hereby required to receive and take into their Cuftody reipec^ively, all and every Perfon and Perfons who fhall be committed, or ordered to ftand committed, by any three or more of the faid Commilfioners prefent iu Court, being the Majority of fuch Court, or by virtue of any Warrant, Attachment, Execution or other Penalty of Re- Procefs, iffuing out of the faid Court of Requcfts ; and in cafe the Keeper of the faid Gaol or Houfe of fufjl, or fuffer- Corredtion refpeitively, fhall neglect or refufe to receive and take into his Cuftody, any Perfon or Perfon« ing the Pnfoner^-Qn^j^itfgj ^y virt^g of this A61, or Oiall, before the Expiration of th.e Tjme for which any Perfon or Per- loyUr^-*'-°&c. ^°"^ ^^'' ^^ committed to his Cuftody, difcharge fuch Perfon or Perfons out of his Cuftody, or wilfully ^ ' ' fuffer fuch Perfon or Perfons to go at Large, without Warrant or Order for that Purpofe, in Writijig, fign- ed by three or more of the faid Commiftioners prefent in Court ; fuch Keeper refpeftively offending in ci- ther of the faid Cafes, and being thereof lawfully convifled before rny one of his Majcfty's Juftices of the Peace for the f^tid Borough, upon the Oath of one or more credible Witnefs or Witneffes, or upon his owa Confeflion, fliall forfeit and pay for every fuch Offence, a Sum not exceeding five Pounds, nor Icfs than forty Shillings, of lawful Money of Great Britain, at the Difcretion of fuch Juftice ; and fuch Sum fhall be immediately paid by the Perfon fo offending, into the Hatids of the Juftice before whom fuch Offender fliall be convidted ; or, in Default thereof, fhall be levied by Diftrefs and Sale of the Offender's Goods, by War- ^ rant under the Hand and Seal of fuch Juftice, rendering the Overplus (if any be) to fuch Offender, the a'd'o7r°otiie Charges of fuch Diftrefs and Sale being thereout firft dedu£ltd; which Forfeiture, when paid or levied, Ch»rnbrrla°mfcf ^^'^ hc immediately paid over by fuch Juftice, or by the Perfon who ftiall levy and receive the fame, to the th.ufeofthe Chamberlains of the faid Borough for the time being, or one of them, for the Ufe of the A-Iayor, Aldcr- Corporaiion. men, Burgeffcs and Commonalty of the faid Borough. Anornies of the XXVI. And bc it further cnaiStcd by the Authority aforefaid, That no Attorney of any Court of Record, Court not a^i fhall bc admitted to appear in the faid Court of Requefts, as Attorney or Advocate, on Behalf of any Piain- Tnrifdiclion of abridged by this Act. Penalty of wil- ful and corrupt Perjury, GjoI Keeper, tec. to receive Frifoners corn mittedby the Court. ■>iM?d topleJ'l tifF