Page:Ruffhead - The Statutes at Large - vol 8.djvu/530

 4-96 C. 3 E. Anno tric^limo tertio Georgii II. A.D. 1750. and »heDef..viantnot Defendant or Defendants, at lead five Days before the Return of fuch Precept; and if the Dcfen- appeanng th.isco, -^^^^ ^^ Detendants, who {hall be named in any fuch Precept fo executed as aforcfaiJ, (hall not appear at the Return thereof, or within the Space of one Hour after the Calling or Opening of the c!r,« .i"'w"ra.a» ^T"' ""J'S^ ^-""'^ ^^ ^'^^"^ "^^^ ^^ ^^^ '="'"S ^^' ^"""^^ Precept, then and in fuch Cafe, it fhall a,.j nioceed thereon. ' ^i^'^ "^^Y ^e lawiul to and for the faid Plaintiff or Plaintifts (Proof being made upon Oath in open Court by the Bailiff or other Officer, of his having duly executed fuch Precept) to enter a Com- mon Appearance for fuch Defendant or Defendants, and to proceed thereon, as if fuch Defendant or Defendants had entered his or their Appearance in purfuance of fuch Precept; any Law or Ufage . to the contrary notwithftanding. PheStmsrwattT"" 11- A"" ^' 't enaclcd. That where any Plaint fhall be entered, or any Suit or Aftion (hall b« thereof to be tried by the commenced at any lime after the faid twenty-fourth Diy of June in the Year of our Lord on? Suitors of the Coun, thoufand feven hundred and fixty, in either of the faid Courts Baron, fo as aforefaid belonging to the faid Hundred of High Peak, or Manor of Cq/Ileton, (the Debt or Damages in fuch Plaint, Suit or Aition, not amounting to the Sum of forty Shillings) all fuch A4atters and Things as (hall be put in IiTae between the Parties upon any fuch Plaint, Suit or Aiflion, fhall feverally be tried and deter- mined by and before fuch of the Suitors or Homagers, owing ^uit and Service to the faid Courts- re- fpeiStiveiy, as herein after are diredted to be for that Purpofe nominated, chofen and fummoued ; and th:'ir Judgment to and fuch Verdi6t as they the faid Suitors or Homagers in the faitl feveral Courts Baion (hall refpec- bt final and conduiive. tj^^jy f^pj ^p^^ every fuch Trial, and the Judgments thereupon to be entered, (hall from time to time be final and conclufive to all and every the Parties, Plaintiffs and Defendants in the faid feveral Plaints, Suits or Actions, Defendant fuffering an j(|_ ^^j j,^ jj further enacted. That when any Plaint (hall be entered, or any Suit or Adion xnuiiocuury Judgment, ^^jj ^^ commenced, at any Time after the laid twenty-fourth Day of June in the Year of out Lord one thoufand feven hundred and fixty, in either of the faid Courts Baron fo as aforefaid be- longing to the faid Hundi-ed of High Penk, or A'lanor of CajUeton (the Debt or Damages in fuch and Procefs of Inquiry pjajj^t. Suit or A6Hon, not amounting to forty Shillings) then if the Defendant or Defendants in iijums thsreapon, ^^^j^ Plaint, Suit or Adion, fhall fuffer an interlocutory Judgment or Judgments to be (Igned or entered againft him or them, for want of a Plea or Pleas, or for any other Caufe, and in and by (uch interlocutory Judgment or judgments, Procefs fhall be direcled to ifi'uc in the Nature of a thefpecialSur.ors of the Writ of Inquiry of Damages; then and in fuch Cafe, all and every the Inquefts to bs found, and Couri, totaks t e n- ^^ Inquifitions to be taken upon any fuch Procefs or Pfoceffes, fliall be found, had and taken, by ^"'"'°" ' and before fuch of the Suitors or Homagers of the faid Courts Baron refpe*Slively, as are herein after and their Judgment to directed to be for that Purpofe nominated, appointed and fummoned ; and fuch Inqucfl or Inquifb- be binding and conclufive. tj^^s gg (hall bc fo found or taken by the faid Suitors or Homagers, and the Damages which they fnall affefs, and the Judgments which (hall be entered upon the Return of fuch Proceffes refpec- tively, (hall from time to time be binding and conclufive to all and every the Parties, Plainti(ts and Defendants in the faid feveral Phunts, Suits or A6lions. Steward, upon Applica- w ^ ^pj ^e it further enadled. That it (hall and may be lawful to and for the Stewards of the jion, to fuinmon Wit- ^^jj Courts Baron refpetflively, and their lawful Deputy or Deputies for the Time being, to iffue-, torney or Attornics, Agent or Agents, to iffue his and their Warrants under his and their Hands and Seals, to all fuch Perfons, as any of the faid Parties (liall be advifed to be material Witneffes for them, or any of them, to produce upon any fuch Trial, or upon the taking of any fuch Inque(t or Inquifition as aforefaid, by which Warrants fuch Witneffes as fhall be named therein, fliall be who are required to at- required, and they are hereby required, being firff perfonally fervcd with a Copy of fuch Warrant t nd and give Evidence or Warrants, to give their perfonal Attendance at every fuch Trial, Inqueft or Inquifition, and upin Oath; there to give in their Evidence touching the Matters which (hall be in Difference, or (hall be to be tried or inquired into between the Parties, according to Truth ; and fuch Steward?, and their faid lawful Deputy or Deputies, (hall refpe£lively have full Power and Authority to interrogate and jj examine fuch or any other WitJieffes before the faid Suitors or Homagers viva voce, upon their cor- ' Verdia and Jadgment to poral Oaths, in fuch Manner as fliall be molt conducive to the Difcovery of the Truth ; and after to be g ven ihereupo*. guy Vcrdicfl: or Inqueft (hall bc found, or Inquifition fhall be had or taken, and Damages afilfied in any fuch Plaint, Suit or Adion, Judgment (hall be given for fuch of the Parties for whom the faid Yerdicl (liall be given, or Damages allelled, in fuch Manner as (hall be juft. _, WitnefTes not attending, V. And be it alfo further cnadtcd. That where any Perfon or Perfons, refiding within cither of the or rtufing to give Evi- JurifdidHons of the faid Courts Baron, after being by Warrant, under the refpeftivc Hands and Seals of <^""' the faid Stewards, or their Deputies refpe6Hvely (to be duly ferved as aforefaid) fo required to appear and give Evidence, fhall refufe or wilfully negledt to appear, or fliall refufe to be examined and give their Evidence concerning the Matters in Dift'erence, without fufHcient Caufe Ihewn for fuch Refiifal or Negledt, in every fuch CA'e, it (hall and may be lawful to and for the reipeclive Stewards of the faid refpedlivc Courts and their Deputies (Proof being firfi: made in open Court, upon Oath, of the due Scr- jnar be amerced by the vice of every fuch Warrant or Warrants refpedtively) to fine fuch Perfon and Perfons who fliall fo Steward; make Default in any Sum not exceeding the Sum of forty Shillings, nor Icfs than twenty Shillings; Fine to be affeered by the ^j^j thereupon fuch Fine or Fines, or (b much thereof as the faid refpedlive Stewards or their De- Su.tors; and apphed to ^^^-^^^ fj^^n appoint, fliall bc applied to and for the Ufe of the Party who (hall appear to the 'b*" Crown ""^' *" Court to be injured by being deprived of the Benefit of fuch Evidence, and the Refidue to be and I c rown. remain to and for the Ufe of his faid Majefty, his Heirs and Succeflbrs, in the Right aforefaid ; the Whole, together with the Cods and Charges of levying thereof to bs recovered by Dillrcfs and 2 Sale
 * "^*'^' and he and they are hereby recjuired upon the Application of any of the Parties, his or their At-