Page:Ruffhead - The Statutes at Large - vol 9.djvu/275

 A. D. 1763. Anno quarto Georgi 1 III. C. 40. 225 for which any Perfon or Perfons fhall be committed to his Cuftody, difcharge fuch Perfon or Per- fons out of his Cuftody, or wilfully fuffer fuch Perfon or Perfons to go at large, without a Warrant or Order for that Purpofe, in Writing, figned in Court by three or more of the faid Commiffio- ners, being a Majority of the faid Commiffioners prefent; fuch Keeper refpectively offending in on Penalty of forfeiiing either of the faid Cafes, and being thereof convicted before any one or more of his Majefly's Ju- not exceeding 5!, nor ftices of the Peace for the faid Borough and Soke, upon the Oath of one or more credible Witnefs left than 40s. or Witneffes, or upon his own Confeffion, (hall forfeit and pay, for every fuch Offence, a Sum not exceeding five Pounds, nor lefs than forty Shillings of lawful Money of Great Britain, at the Difcretion of fuch Juftice or Juftices; and fuch Sum fhall be immediately paid, by the Perfon fo offending, into the Hands of the Juftice before whom fuch Offender fhall be convicted; or in De- to be levied by Diftrefs fault thereof, fhall be levied by Diftrefs and Sale of the Offender's Goods, by Warrant under the and Sale of the Often- Hand and Seal of fuch Juftice, rendering the Overplus (if any be) to fuch Offender, the Charges dersGoods ' of fuch Diftrefs and Sale being thereout firft deducted ; which Forfeiture, when paid or levied, fhall and to be paid and a P - be immediately paid and applied in like Manner as the Fines herein before-mentioned are directed plied as other Fines. to be paid and applied. ■ . XXIII. And be it further enacted by the Authority aforefaid, That no Attorney of any Court Ho Attorney to fpeak of Record fhall be admitted to appear in the faid Court of Requefts, as Attorney or Advocate in Be- in the Court, where ha half of any Plaintiff or Defendant, or be admitted to fpeak in any Caufe or Matter before the faid is not a Party or Wimeft Court, in which fuch Attorney is not himfelf a Party or Witnefs, under a Penalty of twenty Pounds, on PenaItv of 20 '• to be levied and applied as above mentioned, with refpect to Keepers of the faid Gaol or Prifon ; nor fhall any fuch Attorney act as a Commiflioner in the faid Court of Requefts ; any Thing herein nor to act as a Commiffi- before contained to the contrary notwithftanding. oner. XXIV. And be it further enacted by the Authority aforefaid, That in cafe any Perfon or Per- witnefs duly fummoned fons, refiding within the faid Borough and Soke, fhall be duly ferved with a Subpoena or Sum- refufing .to appear and mons, to be iffued by the Clerk of the faid Court of Requefts, at a Time and Place in fuch Sub- gi»e Evidence, poena or Summons mentioned, to give Evidence on Behalf of any Plaintiff or Defendant, and fhall neglect or refufe to appear, purfuant to fuch Subpoena or Summons ; and due Proof being made of the Service of fuch Subpoena or Summons, and no Caufe of Abfence being fhewn to the Satisfaction of the Commiffioners prefent at the Court to which fuch Perfon fhall be, by fuch Subpoena or Summons required to appear ; and Oath being made before the fame Commiffioners, by the Party or Parties at whofe Inftance or on whofe Behalf, fuch Subpoena or Summons iffued, that the Per- fon or Perfons ferved therewith, was or were a material Witnefs or Witneffes for fuch Party or Parties; it fhall and may be lawful to and for the faid Commiffioners, or any three or more of may befined not d _ them, affembled in fuch Court, and being a Majority of them, to impofe a Fine not exceeding fifty i ng 50S, nor lefs "than " 'Shillings, nor lefs than five Shillings; to be levied by Diftrefs and Sale of the Offender's Goods, by 5s. Warrant under the Hands and Seals of the faid Commiffioners, or any three or more of them, ren- t0 be levied b y Diftrefs dering the Overplus (if any) to fuch Offender, the Charges of fuch Diftrefs and Sale being firft de- = nd ^ o ° f / he offen - ducted; which Fine, when paid or levied, fhall be paid over to the Party or Parties at whofe In- and S paid"overto tlw fiance, or on whofe Behalf, fuch Subpoena or Summons iffued. Party injured. XXV. And be it further enacted by the Authority aforefaid, That no Writ fhall be fued out No Writ may be fued out againft, nor any Copy of any Procefs, at the Suit of any Perfon or Perfons, fhall be ferved on any againft an y Commiffio- of the faid Commiffioners, or any of the Officers of the faid Court for the Time being, for any ner or Officer, for any Thing by him or them done in the Execution of his or their refpective Office or Offices, until No- ^s^"*'" th * Exe " tice, in Writing, of fuch intended Writ or Procefs, fhall have been delivered to him or them, or officesfuntii'thVhavT left at the ufual Place of his or their Abode, by the Attorney or Agent for the Party who intends been fe'rved with due to fue, or caufe the fame to be fued or ferved, at leaft one Calendar Month before the fuing out or Notice. ferving the fame ; in which Notice fhall be clearly and explicitly contained the Caufe of Action, which fuch Party hath or claimeth to have againft fuch Commiffioner or Officer ; on the Back of which Notice fhall be indorfed the Name of fuch Attorney or Agent, together with the Place of his Abode ; who fhall be intitled to have the Fee of twenty Shillings for the preparing and ferving of Attorney's Fee for P re- fuch Notice, and no more. paring and ferving fuch Notice, XXVI. And be it further enacted by the Authority aforefaid, That it fhall and maybe lawful Defendant tendering fuf- to and for fuch Commiffioner of Officer, at any Time within one Calendar Month after fuch Notice fkient Amends ; given as aforefaid, to tender Amends to the Party complaining, or to his Attorney or Agent ; and in cafe the fame fhall not be accepted, to plead fuch Tender, in Bar to any Action to be brought againft him, grounded on fuch Writ or Procefs, together with the Plea of Not guilty, and any other Plea, with Leave of the Court : And if, upon Iffue joined thereon, the Jury fhall find the Verdict to be given foi Amends fo tendered, to have been fufficient, then they fhall give a Verdict for the Defendant : And him. in fuch Cafe, or in cafe the Plaintiff ; all become nonfuited, or fhall difcontinue his or her Action ; or in cafe Judgment fhall be given for fuch Defendant or Defendants, upon Demurrer ; fuch De- fendant fhall be intitled to the like Cofts as he would have been intitled unto in cafe he had pleaded the General Iffue only : And if,, upon Iffue fo joined, the Jury fhall find that no Amends were ten- If none, orind.fficient dered, or that the fame were not fufficient; and alfo againft the Defendant or Defendants in fuch -Amends are tendered, other Plea or Pleas ; then they fhall give a Verdict for the Plaintiff, and fuch Damages as they fhall p. c ". ... think proper, which he or fhe fhall recover, together with his or her Cofts of Suit. mages'aBd'cpfb!" *" Vol. IX. G g XXVII. And