Page:Ruffhead - The Statutes at Large - vol 8.djvu/273

 A. D. 1757. Anno tricefimo primo Georgii II. C. 24. 239 tiff or Defendant, or be^admltted to fpeak in any Caufeor Matter before the faid Court, in which fuch At- orappejr as m- except h?y arc to tiltt ttorney act as a v^ommuiioner in me laiu _uun.ui ivcquciib j any nung ucicin uciuic ^.uuLaiucu lu iiu cun- Q^^,{^. trarv notvvithftanding. . . nor to'aft as XXVII. And be it further enabled by the Authority aforefaid, That in cafe any Perfon inhabiting or re- Comm fronds. Tiding within the faid Borough, fhall be duly ferved with a Subpcefra or Summons, to be ifTued by the Clerk Psnalty on i'-..- of the faid Court, to appear in the faid Court of Requefts, at a Time and Place in fuch Subpoena or Sum- fons rffuHng lo mons mentioned, to give Evidence on Behalf of any Plaintiff or Defendant, fhall negle6l or refufc to ap- appear accordii-.j; pear purfuant to fuch Subpa':7a or Summons, and due Proof being made of the Service of fuch Subpczna or oj th^Comt? Summons, and no Caufe of Abfence being fliewn to the Satisfa6tion of the Majority of the Commiffioncrs, prefent at the Court to which fuch Perfon fhall be by fuch Subpcena or Summons required to appear ; it fliall and may be lawful to and for the faid Commiffioncrs, or any three or more of them, aflembled in fuch Court, and being a Majority of them, to impofe a Fine not exceeding twenty Shillings, nor lefs than five Shillings, to be levied by Dillrefs and Sale of the OlTcnder's Goods, by Warrant under the Hands and Sea's of the faid Commiffioncrs, or any three or more of them, rendering the Overplus (if any be) to fuch Of- F;ne to be paid fender, the Charges of fuch Diftrefs and Sale being thereout firfl dedu6led ; which Fine, when paid cr le- ever ioti!e!>irty vied, ftall be paid over to the Party or Parties at whofe Inftance, or on whofe Behalf fuch Subpcena or Sum- st wiv^fe in- monsinued. fiance the Sum- XXVIII. And be it further enaded by the Authority aforefaid, That no Writ fhall be fued out againfr, 7"' '':"'^^' nor any Copy of any Procefs at the Suit of any Perfon or Perfons, fhalt be ferved on any the faid Commif- ^^^^J^^i^H^!^' fioners for the time being, for any thing by him done in the Execution of his Office, until Notice in Wri- Month's Notice ting of fuch intended Writ or Procefs fhall have been delivered to him, or left at the ufual Place of his to be ferved on Abode, by the Attorney or Agent for the Party who intends to fue, or caufe the fame to be fued or ferved, any CommuTio- at Icafl one Calendar Month before the fuing out or ferving the fame ; in which Notice fhall be clearly and "^'■' explicitly contained the Caufe of Action, which fuch Party hath, or claimcth to have, againft fi-'ch ^'^^^^^"-^ *y^"|^_ Commiffioner, on the Back of which Notice fhall be indorfed the Name of fuch Attorney or Agent, toge- en; ion of his ther with the Place of his Abode, who fhall be intitled to have the Fee of twenty Shillings, for the prepa- omce, ring and ferving fuch Notice, and no more. XXIX. And be it further enabled. That it fhall and may be lawful to and for fuch Commiflioner, at any Commi/Tnner Time within one Calendar Month after fuch Notice given as aforefaid, to tender Amends to the Party com- may tender plaining, or to his or her Agent or Attorney ; and in cafe the fame is not accepted, to plead fuch Tender Amends, and in Bar to any AvSHon to be brought againfl him, grounded on fuch Writ or Procefs, together with the Pica f^^^^^^^^^^^ of Not guilty, and any other Plea with Leave of the Court; and if, upon IfTue joined thereon, the Jury Aaion &c! fhall find the Amends fo tendered to have been fufficient, then they fhall give a Verdi6l for the Defendant ; Court to give 9nd in fuch Cafe, or in cafe the Plaintiff fhall become nonfuited, or fhall difcontinue his or her Aition; Judgment and or in cafe Judgment fhall be given for fuch Defendant or Defendants, upon Demurrer, fuch Commiffioner award Cofts. fhall be intitled to the like Cofls as he would have been intitled unto, in cafe he had pleaded the General IfTue only ; and if, upon IfTue fo joined, the Jury fhall find that no Amends were tendered, or that the fame were not fufficient, and alfo againft the Defendant or Defendants in fuch other Plea or Pleas, then they (hall give a Verdift for the Plaintiff, and fuch Damages as they fhall think proper; which he or fhe fhall recover, together with his or her Cofls of Suit. XXX. And he it further enadcd. That no fuch Plaintiff fhall recover any Verdi£l againfl fuch Commif- pi,;n';ffBot to fioner in any Cafe where the Action fhall be grounded on any A61 of the Defendant as a Comrniifioner, un- recover where lefs it is proved upon the Trial of fuch AcSlion, that fuch Notice was given as aforefaid; but in Default Notice as afore- thereof, fuch Comrniifioner fhall recover a VerdiiSt, and Cofls, as aforefaid. fjidhasnot XXXI. And be it further enaded by the Authority aforefaid, That in cafe fuch Commiffioner fhall ne- '^^'-^ s^;^"- gle6l to tender aiiy Amends, or fliall have tendered infufficient Amends, before the AcSlion brought, it fhall Commiffioner and may be lawful for him, by Leave of the Court where fuch Aclion fhall depend, at any Time before ll^j^^^^?^*^"' ^,^°^ JfTue joined, to pay into Court fuch Sum of Money as he fhall fee fit; whereupon fuch Proceedings^ Or- the Money 'inuf ders and Judgments, fhall be had, made and given, in and by fuch Court, as in others Actions where the Court, &c. Defendant is allowed to pay Money into Court. . XXXII. And be it further enacted," That no Evidence fhall be permitted to be given by the Plaintiff on No Evidence to the Trial of any fuch Adion as aforefaid, of any Caufe of Adlion, except fuch as is contained in the Notice ^^ 8'^''^" ^y ^^^ hereby direded to be given. Plai.itiff but XXXIII. And be it further enafled by the Authority aforefaid. That if any Adion or Suit fhallbe t"'ncdVn 'he" brought or commenced againfl any Perfon or Perfons for any Matter or Thing done, or to be done, in pur-^ Notice, funncc of this Aft, fuch Action or Suit fhall be brought or commenced within fix Calendar Months next Limitation of after the Fa6t committed, and not afterwards; and the Defendant or Defendants fhall and may plead the Anions. General Ifl'ue, and give this Act, and the Special Matter; in Evidence, at any Trial to be had thereon ; General I/Tue. and if the Plaintiff" or Plaintiffs Tnall become nonfuited, or difcontinue his, her or their Action or Suit ; or if, upon Verdict or Demurrer, Judgment fhall be given againft the Plaintiff or Plaintiffs, the Defendant or Defendants fhall and may recover Treble fuch Cofls as are ufually taxed and allowed between Party and Treble Cols. Party, and have fuch Remedy for the fam,e as any Defendant or Defendants hath or have in any other Cafes by Liiw. XXXIV. And be it further enacted by the Authority aforefaid. That this A6t fhall be deemed, adjudged PiiblickAft. Pnd taken to be a Publick A6t, and be judicially taken Notice of as fuch by all Judges, Jullices and other Perfons whom foe ver, without the fame being fpecially pleaded. CAP.