Page:Ruffhead - The Statutes at Large - vol 9.djvu/218

 i68 C. 21. Anno quarto Georgit III. A. D. 1763. 4ool.forSalaiic!,Houfe-and as a further Compenfation for their Trouble and Attendance in the faid Office as Commit- rent, &c, tee-men. PublkkAft, III. And be it further enabled by the Authority aforefaid, Thatthis Aft fhall be deemed, and taken to be a publiclc A<5t, and fhall be taken notice of as fuch by all Judges, Juftices, and other Perfons whatfoevcr, without fpecially pleading the fame. CAP. XXI. An Aft for taking and fWearing Affidavits to be made ufe of in any of the Courts of the County Palatine of Durham. Preamble, FIE RE AS it hath been found very inconvenient, that no Perfon or Perfons is or are mpowered to grant Commiffions for the taking and fwearing of Affidavits to be read and made ufe of in the Court of Chancery of and for the County Palatine of Durham, and in the ' Court of Scffion of Pleas held in and for the faid County Palatine of Durham, before his Majefty's ' Juftices as well of Pleas of the Crown as of Common Pleas, and all manner of Pleas whatfoever ' within the faid County Palatine of Durham, in the feveral Matters and Caufes depending in the ' faid Courts refpecJtively ;' For Remedy whereof, Be it enacted by the King's moft Excellent Ma- jefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons in this prefent Parliament affembled, and by the Authority of the fame, That the Chancellor of the County Palatine of Durham for the Time being, the Juftices of the Court of Pleas in and for the faid County Palatine for the Time being, or any two of them in their Seffion of Pleas, fhall and may, by one or more Commiffion or Commiffions under the feveral Seals of the faid refpective Courts of Chancery and Court of Pleas in and for the faid County Palatine of Durham, from Time to Time, as Need fhall require, impower what and as many Perfons as fhall be thought fit and ne- cefTary, to take and fwear all and every fuch Affidavit and Affidavits as any Perfon or Perfons fhall be willing and defirous to make before any of the Perfons fo impowered, in or concerning any Caufe, Matter, or Thing depending, or hereafter to be depending, or any wife concerning any of the Pro- ceedings to be in either of the faid Courts of Chancery, or Court of Pleas, in and for the faid County Palatine of Durham, as Mafters in Chancery in Extraordinary do ufe to do ; which faid Affidavits, taken as aforefaid, fhall be filed in the feveral and refpe£tive Offices of the faid Court of Chancery, and the Court of Pleas, in and for the faid County Palatine of Durham ; and the fame fhall and may- be read and made ufe of in the laid refpective Courts, to all Intents and Purpofes, as other Affida- vits taken in the faid Courts now are : And that all and every Affidavit and Affidavits, taken as afore- faid, fhall be of the fame Force as Affidavits taken in the faid refpective Courts now are : And all Penalty of Forfwcaring. and every Perfon and Perfons forfwearing him, her, or themfelves, in fuch Affidavit or Affidavits, fhall incur and be liable unto the fame Penalties, as if fuch Affidavit or Affidavits had been made and taken in open Court : Which faid feveral Commiffions fliall be made out by the Curfitor of the faid County Palatine of Durham, upon a Fiat or Warrant from the faid Chancellor of the faid County Palatine of Durham, for taking Affidavits in the faid Court of Chancery ; and upon a Fiat or Warrant from any two of the Juftices of the Pleas, in their Seffion of Pleas, in and for the faid County Palatine of Durham, for taking Affidavits in the faid Court of Pleas : And the faid Curfitor fhall caufe an Entry to be made, in a Book to be kept for that Purpofe, of the Names of the Perfons to whom fuch Commiffions are from Time to Time granted, and the refpeftive Times when ifTued: And the following Fees fhall be paid for each Commiffion, and no more (to wit) The Sum of two Shillings for the Fiat or Warrant ; the Sum of four Shillings for making out the faid Commiffion, befides the King's Duty, and Value of the Parchment ; and the Sum of four Shillings forfealing the fame: And every Commiffioner or Perfon fo impowered fhall take and receive, for the fwearing of every Affidavit before him in the faid Court of Chancery of Durham, the Sum or Fee of two Shil- lings, and no more; and for the fwearing of every Affidavit before him in the faid Court of Pleas, in and for the faid County Palatine of Durham, the Sum or Fee of one Shilling, and no more. II. Provided always, and it is hereby declared, That fuch Officers of the faid refpeclive Courts of Chancery, and Court of Pleas, in the faid County Palatine of Durham, as have heretofore taken or fworn Affidavits, fhall and may continue fo to do, in the fame manner as if this Aft had not beea made. The Chancellor, and Juftices of the Court of Pleas, impowered to ifiue Comrr;ifiiun3 to proper Perfons to take and fwear Affidavitsin Caufes depending in their rclf eftive Courts. The Affidavits to be filed in the proper Courts, and read in Evidence. Curfitor to make out the Commiffions, upon a Fiat from the Chancel- lor; and Fiat from two Juftices of the Pleas; and make an Entry thereof : His Fees for each Com- miffion. Commifiloners Fees for fwearing Affidavits. Officers of therefpc&ive Courts impowered to take Affidavits as here- tofore* CAP.
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