Page:Ruffhead - The Statutes at Large - vol 9.djvu/271

A.D. 1763. And be it further enacted by the Authority aforesaid, That no Person shall be capable of acting as a Commissioner, in the Execution of this Act, until he shall have taken an Oath to the Effect following ; that is to say,

A. B. do swear, That I will faithfully, impartially and honestly, according to the best of my Judgment, hear and determine such Matters and Things as shall be brought before me, by virtue of An Act of Parliament, intituled, An Act for the more easy and speedy recovery of small Debts within the Borough and Soke of Doncaster, in the County of York ; and for lighting the Streets, Lanes, and other open Passages and Places, within the said Borough, without Favour, Affection, or Prejudice to either Party.'

Which Oath the Clerk of the said Court, or any of the Commissioners who shall have taken such To be administered By Oath, is hereby impowered and required to administer in open Court; and a Memorial thereof shall therof shall be entered in the Registers of the said Court, by the said Clerk.

VI. And be it further enacted by the Authority aforesaid, That Richard Shepherd, the Town Clerk of the said Borough, and the Town Clerk of the said Borough for the Time being, shall be, and is hereby constituted and appointed Clerk of the said Court of Requests, during his good Behahaviour in the said Office ; and shall have Power and Authority, from time to time, to appoint a with Power to anoint Deputy ; which said Clerk, or his Deputy, are hereby impowered and required to issue out all Summonses, Warrants and Precepts, and to register all Orders, Decrees and Judgments of the said Court, and shall enter and register, or cause to be entered and registered, in proper Books to be provided by him, and kept for that Purpose, all the Acts and Proceedings of the said Court.

VII. And be it further enacted by the Authority aforesaid, That the Serjeants at Mace, of the said Borough for the Time being, shall be and are hereby constituted and appointed Serjeants of the the faid Court of Requests, during their good Behaviour, for the serving of Summonses, and executing such Orders, Warrants and Precepts, and doing and performing such other Acts, Matters and Things, as are herein appointed to be done by them.

VIII. And be it further enacted by the Authority aforesaid, That from and after the passing of this Act, it shall and may be lawful to and for any Person or Persons whatsoever, who now hath, have, or hereafter shall have, any Debt or Debts under the Value of forty Shillings, due or owing, or belonging unto him, her or them, in his, her or their own Rights, or as Executor, Administrator, Guardian or Trustee, to any other Person or Persons, by or from any other Person or Persons whatsoever, inhabiting or residing within the said Borough and Soke, or using or frequenting the Markets thereof, or usually buying or selling, or seeking a Livelihood therein, or sailing or navigating to or from the said Town, to apply to the Clerk of the Court for the Time being, or his Deputy, who shall immediately make out and deliver to one of the Serjeants of the said Court for the Time being (who is and are hereby authorized and required to execute all Warrants, Precepts and Processes of the said Court of Requests) a Summons in Writing, under his hand, directed to such Debtor or Debtors, expressing the Sum demanded of him, her or them, the Party demanding and requiring him, her or them, to appear at a certain Time and Place, to be mentioned in such Summons, before the Commissioners of the said Court, to answer such Complaint : And such Serjeant shall forth with cause such Summons to be served on such Debtor or Debtors, either personally, or by leaving the Clerk, who shall the same at the Dwelling House, Lodging, Place of abode, Shop, Shed, Stall, Stand, or other summon the Debtor, Place of Dealing, Trading or Working of such Debtor or Debtors, being within the Limits of the said Borough and Soke, with his, her or their Servant, or other Person belonging to him, her or them; and that, upon Proof made, that such Summons hath been duly served, the said Commissioners, or any three or more of them, assembled in Court, being a Majority of such Court, are hereby impowered and required to make due Enquiry concerning such Demands or Plaints, and make such Orders and Decrees therein, and pass such final Judgment or Sentence thereupon, and award Costs of Suit, as to them shall seem most agreeable to Equity and good Conscience : And, for the better and Discovery of the Truth, and more solemn Determination of Matters and Causes which shall be depending in the said Court, it shall be lawful for the said Commissioners, or any three or more of them, assembled in Court, and they are hereby impowered to administer, or cause to be administer, an Oath or Oaths to either of the said Parties, willing to be examined touching the Matters thereupon: then in Question, and to such Witness or Witnesses as shall be produced by each Party, and to And may administer an the Officers of the said Court, and also to any other Person or Persons, whose Evidence shall seem necessary towards the hearing or determining any of the said Causes, or making any Order or Decree therein, or for any other Purposes requisite to the Execution of this Act.

IX. And be it further enacted by the Authority aforesaid, That if such Debtor or Debtors, who Debtor not appearing, shall have been duly summoned as aforesaid, shall not appear before such Court, at the Time and Place mentioned in the said Summons, then it shall and may be lawful to and for the said Commissoners, or any three or more of them so assembled, being a Majority of the said Court, after due Proof made, upon Oath, of the Service of the said Summons, in Manner aforesaid, to hear the with Costs, Cause on the Part of the Plaintiff or Plaintiff's only, and to make such Order, Decree or Judgment, and to award reasonable Costs of Suit, as to them shall seem most agreeable to Equity and good Consience. X. And