Page:Ruffhead - The Statutes at Large - vol 8.djvu/531

 A.D. 1759* Anno tricefimo tertio Georgii II. C. 31. 497 Sale of the Offenders Goods and Chattels by Warrant under the refpedlive Hands and Seals of the Stewards of the faid refpeaive Courts Baron, or their refpeaive Deputies ; and for want of ^"^^h F<>™'oJ^D;ft^<^^^^^^^^ jDiftrefs the Offenders to be committed to Prifon by fuch Warrant as aforefaid, for any Space of ^" " " « ^ '^'"f"' « •. Time not exceeding twenty Days, unlefs he or they fhall fooner pay the faid Sum fo impofed as aforefaid, together with the Cofts and Charges attending fuch Commitment. VI. And for avoiding of all unneceflary Prolixity and Multiplicity of Pleading; It is hereby Form of PJalntiff'c enafted, That where any Plaint fhall be entered, or any Suit or Aftion fhall be commenced in Dedarauon. either of the faid feveral Courts Baron, in any Perfonal Adion, the Debt or Damages in fuch Plaint, Suit or Aftion, not amounting to the Sum of forty Shillings, it fhall and may be lawful to and for the Plaintiff or Plaintiffs in every fuch Plaint, Suit or Adtion, and he and they is and are hereby refpeaively authorifed to declare in the Form or to the Effe^ following (that is to fay) « TJ UN D R ED of High Peak^ or Manor of Cafileton {as the Cafe Is) To wit, A. B. complains < J~j[' of C. D. for that the faid C. D. before the Day of ' in the Year of our Lord [naming the Day of entering the Plaint] within the Jurifdiaion Goods had and received by the faid CD. for the life or by the Order of. the faid A. B. or upon Account advifed] . . . fame, to his Damage of thirty-nine Shillings and eleven Pence j and therefore he brings this Suit, ' and fo forth." VII. And be it further enaaed, That it fhall and may be lawful to and for the Defendant and Defendant may plead Defenda^its in every fuch Plaint, Suit or Aaion, to plead a General IfTue to fuch Declaration in generally thereto j the Form or to the Effea following i that is to fay, VIII. And be it further enaaed. That if any Defendant or Defendants in any fuch Plaint, Suit and if neceffary, e'*ethc or Aaion as aforefaid, fhall be advifed, or fhall find it neceffary to infift on Special Matter for his Spedal Matter in Evi- or their Defencs in any fuch Plaint, Suit or Aaion, that then it fhall and may be lawful to and for ^""* fuch Defendant and Defendants to plead a General Iffue in the Form or to the Effea herein before- mentioned, and to give fuch Special Matter in Evidence; fo as neverthelefs the Defendant or De- fendants do feverally at the Time of filing his or their Plea, give the Plaintiff or Plaintiffs Notice in Writing, at the Foot of fuch Plea of the Special Matter intended to be given in Evidence, and in- g'ving the Plaintiff No- fifled on as aforefaid. ''" '^"'^^^ IX. And be it enaaed. That in cafe any Defendant or Defendants in any Plaint, Suit or Aaion, Defendant pleading to be entered or commenced in Manner aforefaid, fhall inftead of pleading the General Iffue, plead othefwiie than the Ge- a Dilatory, or any other Plea befides the General Iffue, or fhall demur to the Plaintiff's Declara- "^"^ "^' tion, and it fhall appear to the Satisfaaion of the Steward of the Court wherein fuch Plaint, Suit or Aaion fhall have been entered or commenced, or his Deputy, and be by the faid Steward, or his Deputy, declared in open Court as his Opinion, that fuch Plea or Demurrer was put in by the V^^ ^°"''* declaring the Defendant or Defendants, merely with an Intent or Purpofe to delay the Plaintiff or Plaintiffs in [a^e-to be merely d.la- 1 r ■ 1 • 1 • t->i • o • A o- 11 1 • r 1 1- • 1 /--. r t<^ry, I-'laintitT may fign the profecutmg his or their rlamt, buit or Adtion ; that then and in every or any or the laid Cales, judgment as for want of it fhall and may be lawful for the Plaintiff or Plaintiffs in fuch Plaint, Suit or Aaion, to fignpiea; Jugdment as for want of a Plea. X. And be it alfo further enaaed, That when any Plaint fhall have been entered, or any Suit °'''^^[*"'^pp"""*^! or Aaion commenced in either of the faid Courts Baron, and an Appearance thereto fhall have ^^j" {jg^f^J,];"^^^''" been regularly entered for the Defendant or Defendants, and the Plaintiff or Plaintiffs in fuch not plead there;o. Plaint, Suit or Aaion, fhall have declared againft: fuch Defendant or Defendants ; then in cafe the Defendant or Defendants fhall not plead to fuch Declaration at the next Court after fuch Declara- tion fhall have been filed, but fhall make Default after being three Times folemnly called, it fnall and may be lawful to and for the Plaintiff or Plaintiffs, to fign Judgment by Default againft the Defendant or Defendants fo negkaing to plead to fuch Declaration, in fuch Plaint, Suit or Aaion. XI. And be it further enaaed. That when any Plaint fhall have been entered, or any Suit or Plaintiff may fign Judg- Aaion commenced in either of faid Courts Baron, and an Appearance thereto fhall have been re- '"lent by Default j gularly entered for the Defendant or Defendants, and the Plaintiff or Plaintiffs in fuch Plaint, Suit or Aaion, fhall have declared againft fuch Defendant or Defendants, then in ca,fe the Defendant or Defendants fliall not plead to fuch Declaration at the next Court after fuch Declaration flial) have been filed, but fliall make Default after being three Times folemnly called, it fhall and may be lawful to and for the Plaintiff or Plaintiffs to fign Judgment by Default, in fuch Plaint, Suit or Aaion, and at the fame Court, or upon fuch >fotice as is her'iin after direaed in that Behalf, at any fubfequent Court, it fhall and may be lawful to and for the Stew^ard of the Court, wherein fuch, Vol. VIII. S f f Plaint,
 * of this Court, was indebted to the faid y/. B. in the Sum of [which may be exprefjed
 * to be either for Goods before that Tii:ie fold and deliver ed.^ or for Work and Labour done, or for Money
 * lent, srfor Money laid out and cxperded for the life or by the Order of the faid C. D. or for Money or
 * AND the faid C. D. comes and defends himfelf, and faith, he is not indebted to the faid A. B,
 * XjL as in his faid Declaration is fuppofed ; and therefore he puts himfelf upon the Homage.'