Page:Ruffhead - The Statutes at Large - vol 9.djvu/272

 222 Plaintiff not appearing, or being nonfuited, Cofts to be awarded to the Defendant. Upon Order for Pay- ment of Money, Execu- tion is to be awarded againft the Body or Goods of the Party, C. 40. Anno quarto Georgii III. A. D. 1763. Confinement on Execu- tion not to exceed three Months, If the Execution be pre Tented, or evaded, the Court may award another. Upon the firft Default of Payment, the Court may award Execution for the whole Debt with further Coils. Debt and Cofts to be ynarked on the Back of the Precept. On paying in the fame to the Clerk, before Exe- cution takes Effect, with the Fee due to Offi- cers, &c, , Execution is to be fuper« ieded. Attornies and Solicitors not exempted. Officer neglecting his Duty, liable to pay the P»bt, X. And be it further enacted by the Authority aforefaid, That if upon the Day of Return of the Summons, or at any Continuation or Adjournment of the faid Court, the Plaintiff or Plaintiffs fhall not appear, or appearing {hall not make Proof of his, her or their Demand, to the Satisfac- tion of the Court, but become nonfuitcd, it (hall and may be lawful to and for the faid Commif- fioners, or any three or more of them, being a Majority of the faid Court, to award to the Defcn-, dant or Defendants reasonable Cofts ; and to order and oblige the Plaintiff or Plaintiffs to pay the fame, by fuch Ways and Means as are herein provided for the Recovery of Debts, ordered and de- creed by the faid Court. XI. And be it further enacted by the Authority aforefaid, That in any Cafe where the faid Com- miffioners, or any three or more of them as aforefaid, fhall have made any Order or Decree for the Payment of Money, it {hall and may be lawful to and for the laid Commiilioners, or any three or more of them, being a Majority of the faid Court, to award Execution either againft the Body or Goods of the Party againft whom fuch Order or Decree (ball be made ; and thereupon it fhall and may be lawful for the Clerk of the laid Court, at the Prayer of the Party profecuting fuch Order or Decree for the Payment of Money, to iffue a Precept under his Hand and Seal, by way of Capias aafatisfaciendum, or Fieri facias, to one of the Serjeants of the faid Court, who by Virtue of any fuch Precept, iliued upon Execution awarded againft the Body of fuch Party, fhall and may, and is hereby irnpowered to take fuch Party, being within the faid Borough and Soke, and carry him, her or them, to the common Gaol or Prifon for the faid Borough and Soke, there to remain until, he, flie or they fhall perform and obey fuch Order, Decree or Judgment; fo as no Perfon fnall re-, main in Confinement, upon any fuch Execution, for a longer Space than three Calendar Months. And fuch Serjeant, by Virtue of any fuch Precept, iffued upon Execution awarded againft the Goods of any fuch Party, fhall and may, and is hereby irnpowered to levy, by Diftrefs and Sale of the Goods of fuch Party, being within the faid Borough and Soke, fuch Sum or Sums of Money, ■and Cofts, as fhall be fo ordered, decreed and adjudged. And if the Party, againft whofe Body or Goods any fuch Execution fhall be awarded, and Procefs thereupon fhall iffue, fhall by abfeond- ing, or by fecreting or removing his, her or their Goods, or by any other Means prevent or evade the Service or Effect of any fuch Execution, it fhall and may be lawful to and for the faid Com- miilioners, or any three or more of them, affembled in fuch Court, being a Majority of the faid Court, upon due Proof thereof made to them, by the Oath or Oaths of one or more credible Wit- nefs or Witneffes, at their Difcretion to award Execution either againft the Body or Goods of fuch Party; and Procefs fhall iffue thereupon, and be ferved by one of the Serjeants of the faid Court, in Manner aforefaid, until the Plaintiff or Plaintiffs fhall be fully paid and f atisfied. And in cale the faid Court fhall, at any Time, upon the Requeft, and for the Eafe and Convenience of the De- fendant or Defendants, order, decree or adjudge a Debt due to the Plaintiff or Plaintiffs, to be paid by feveral Payments; then upon the firft Default or Failure of any of the faid Payments fo- ordered^ decreed and adjudged, the faid Commiffioners, or any three or more of them, affembled in fuch Court, being a Majority of the faid Court, fhall and may, at the Inftance of the Plaintiff or Plaintiffs, and upon due Proof of the faid Default or Failure, award Execution for the Whole Debt, or fuch Part thereof as fhall then remain unpaid, together with fuch further Cofts as to them {hall feem reafonable, to be recovered by the fame Methods and Means as are herein provided for the Recovery of the Debt and Cofts firft decreed; the former Order, Decree or Judgment to the contrary notwithftanding. XII. And be it further enacted by the Authority aforefaid, That upon every Precept to be iffued upon Execution awarded againft the Body or Goods of any Perfon or Perfons, the Clerk of the faid Court fhall indorfe, or caufe to be indorfed, the Sum or Sums, and Cofts, fo ordered, decreed or adjudged : And if the Party or Parties againft whom fuch Execution fhall be awarded refpectively, fhall before any actual Sale of the Goods, or before he, fhe or they is or are apprehended, or before the Expiration of the Term of his, her or their Imprifonment, pay or caufe to be paid, or tendered unto the Clerk of the faid Court, fuch Sum or Sums, and Cofts, together with one Shilling, as a Reward for his Trouble in receiving and paying over the feid Debt and Cofts, and entering Ac- knowledgment of Satisfaction in full for the Sum ; and alfo the Sum of two Shillings and fix Pence for Gaol Fees, (in cafe fuch Perfon or Perfons fhall have been committed to Prifon) ; then and in any fuch Cafe, the Execution fhall be fuperfeded, and the Body or Goods of the faid Party or Parr, ties fhall be difcharged and fet at Liberty. XIII. And be it further enacted by the Authority aforefaid, That no Privilege, or pretended Privilege, fhall be allowed to exempt any Perfon liable to be fummoned by virtue of this Act, from the Jurifdiciion of the faid Court of Requefts, on account of his being a fworn Attorney, or Soli-, citor of any of the Courts at Weftminjler y or of any oth r Court whatfoever. XIV. And be it further enacted by the Authority aforefaid, That if the Serjeant of the faid Court, who fhall be imployed to ferve an Execution, fhall by wilful or notorious Neglect or Con- nivance, caufe or fufter the Party againft whom fuch Execution fhall be awarded, to efcape op abfeond, or the Goods of fuch Party to be carried, away or fecreted, fo that fuch Execution fhall not have its due Effect, it fhall and may be lawful to and for the faid Commiffioners, or any three or more of them affembled at any fuch Court, being a Majority of the faid Court, upon Com- plaint made, and due Proof thereof, upon the Oath or Oaths of one or more credible Witnefs of Witneffes, to order fuch Serjeant to pay the Sum or Sums of Money for which the faid Execution W33 3