Page:Ruffhead - The Statutes at Large - vol 8.djvu/533

 A. D.I 759* Anno tricefimo tertio Georgii II. C. 31. 499 or commencing fuch Suit or Action, and previous to his or their withdrawing himfelf or themfelves from fuch Jurifdiilion, by himfelf or themfelves, or his or their Agent, bring with him or them to, ^^ to bring before the or caufe to appear before, the Steward for the Time being of fuch of the faid Courts refpedUvely JjJ^^^^^J/^J^^.J^^ whereout Procefs (hall be required to iflue, or his Deputy, one or more fufficient Perfon or Perfons, jurifdiftion of the Court, being a Houfeholder or Houfeholders, refiding within the Jurifdidlion of the Court whereout fuch to enter into Reco&ni- Procefs fhall be fo required, or hath ifTued, and fhall caufe or procure fuch Perfon or Perfons fo zance to profrcute the being a Houfeholder or Houfeholders, to enter into a Recognizance to the Defendant or Defendants Suit with Eflofl, &c. in fuch Plaint, Suit or A£lion ; and which Recognizance the faid Steward or his Deputy fhall, and is hereby authorized to take in the penal Sum of thirty-nine Shillings and eleven Pence, to be levied on the Goods and Chattels of them the faid Perfon or Perfons fo entering into fuch Recognizance, by fuch Ways and Means as any other Sum or Sums of Money is or are herein directed to be levied and recovered by this A<3:, with Condition, to be there under written, that fuch Recognizance fhall be void, upon full Payment being made to the Defendant or Defendants of all his and their Cofts of Suit, in cafe the Plaintiff or Plaintiffs in any fuch Plaint, Suit or Adion as aforefaid, fliall not duly profecute the fame, fhall difcoptinue his or their Adion, or become nonfuit, or that a Verdi6l fhall be given againft him or them, and then, upon entering into fuch Recognizance as aforefaid, and not otherwife, it fhall and may be lawful to and for fuch Perfon or Perfons to enter and profecute his and their Plaint, and commence and carry on his or their Suit or Adlion againft fuch Defendant or Defendants. XVI. Provided always, That if any Perfon or Perfons not refiding within the Jurifdidlion of the plaintiff not procuring Court wherein he or they fhall enter, or be minded to enter, any Plaint, or commence any Suit or fuch Recognizance, AfStion, or having entered any Plaint or commenced any Suit or A£lion, fhall previous to his or their withdrawing himfelf or themfelves from fuch Jurifdidlion, refufe or decline to procure fuch Recognizance as aforefaid to be entered into, that then, and in every fuch Cafe, it fhall and may Steward may 'forbear be lawful to and for the Steward of the faid Court, or his Deputy, to forbear granting his or their granting Precept againft Precept or Precepts againft the Defendant or Defendants in fuch Plaint, Suitor Adlion, or permit '^^^'^"'^*"'* any further Proceedings in any A6tion or Suit then depending, until fuch Time as fuch Recogni- zance fhall be entered into in Manner as aforefaid. XVII. Provided alfo. That in cafe any Proceedings fhall have been had in either of the faid If Proceedings fliall be Courts Baron upon any Plaint entered, or any Suit or A£tion commenced, bv any Perfon or Per-^"^" '"ch Suit, with- fons whatfoever, not refiding within the Jurifdiflion of the Court wherein fubh Plaint 'fhall have ^';^^J3^^^;' '='"5 been fo entered, or having withdrawn himfelf or themfelves from the Jurifdidlion of the fame Court, * and it fhall afterwards appear to the Satisfaction of the Steward of the faid Court in which fuch Ac- tion fliall be fo brought and depending, or his Deputy, that the Perfon or Perfons who fhall have fo entered fuch Plaint, or commenced fuch Suit or A6lion, or his or their Agent or Agents, have not caufed or procured fuch Recognizance to be entered into as is herein before mentioned ; that then, and in either of the faid Cafes, the Plaint, Suit or Adion fo depending, fhall be wholly dif- ^"® !^."|'f">^*'""* continued, and the Plaintiff or Plaintiffs entering or commencing the fame, fhall for the future be ''"i^'T^'F^, ° difabled from entermg any new rlamt, or commencmg any new Suit or Action, m either or the faid Courts Baron, for the Debt or Damages for which fuch Plaint was entered, or fuch Suit or Action was commenced as aforefaid, unlefs the Plaintiff or Plaintiffs in fuch Plaint, Suit or Adioa fhall, before the entering of any new Plaint or Commencement of any new Suit or ACtion, or fur- ther Proceedings had againft fuch Defendant or Defendants, pay or caufe to be paid, to fuch De- till Cofts be paid to De- fendant or Defendants his or their Cofts fuftained in fuch former Plaint, Suit or Action; fuch Cofts fendant, to be fettled or afcertained by the refpe£tive Stewards of the faid Courts Baron, or their lawful Deputies. XVIII. And be it ena(51ed. That all and every Recognizance and Recognizances to be entered Recognizance to be en- into and taken purfuant to this A<5t, fhall be fairly entered by the refpeitive Stewards of the faid tered without Stamp, Courts Baron, or their Deputies, in a Book or Books to be kept for that Purpofe, without Stamp, and fhall be in the Form, or to the Effe6l following} that is to fay, ia the following Form, » T T U N D R E D of High Feak^ or Manor of Cajileton^ To wit. The Day of «' and Virtue." » All and every of which faid Recognizances fhall be figned by the Party or Parties entering into the fame, and fhall be witneffed by the refpedlive Stewards of the laid Court Baron, or their Deputies for the Time being, wherein the fame fhall be acknowledged ox taken, Sff2 - XIX. Aij4
 * JL J, upon a Plaint to be entered, or upon further profecuting his Plaint {as
 * the Cafe Jhall he) in the Court Baron of this Hundred or Manor, by A, B. of in the
 * County of againft C. D. of _ within the Jurifdiflion of the
 * faid Court, I E. F, of within the Jurifdiiflion of the faid Court, do hereby
 * acknowledge to owe to the above named C, D. the Sum of thirty-nine Shillings and eleven Pence,
 * to be levied upon my Goods and Chattels : *' The Condition of this Recognizance is fuch, That
 * if the faid E, F. fhall, upon Demand, well and truly pay, or caufe to be paid unto the faid CD,
 * ' all fuch Sum or Sums of Money as fhall, at any Time or Times, be awarded by the faid Court
 * ' Baron to be paid by the faid J. B. to the faid C. D. as and for his the faid C. D. his Cofts of Suit
 * in the above-mentioned Plaint, then this Recognizance to be void, or elfe to remain in full Force