Page:Ruffhead - The Statutes at Large - vol 9.djvu/279

A.D. 1763 amounting to or of the Value of the Sum forty Shillings, by any Person or Persons whatsoever, as well Attornies as others, rending, inhabiting or seeking a Livelihood in, or trading to or within the said Town and Parish of Kirkby in Kendal, or the Limits of the same, to apply to the Clerk or Clerks of the said Court of Requests, or their sufficient Deputy or Deputies, who shall cause such Person or Persons to be warned or summoned by the said Officer or Officers as asorefaid, who is or are hereby appointed, authorized and required, to execute all Warrants, Precepts and Processes of the said Court of Requests, by personal Service on the Party or Parties, or by Writing left at the Dwelling-house, Place of Abode, or other Lodging, or at the Stall or Shop of such Person or Persons, within the said Town and Parish of Klrkby in Kendal, or Limits of the same, to appear before the Commissioners of the said Court, to be held in the Town's Hall of the same Town, or other Place to be provided as aforesaid : And the said Commissioners, or any three or more of them, shall, after such Summons as aforesaid, have full Power and Authority, by virtue of this Act, to make, or cause to be made, such Acts, Order or Orders, Decrees, Judgments and Proceedings, between the Parties-touching such Debt or other Things, not amounting originally to the Sum or Value of forty Shillings, as they shall find to stand with Equity and good Conscience ; and all such Acts, Order and Orders, Decrees, Judgments and Proceedings, hall be entered and registered in a Book or Books to be kept for that Purpose by the Clerk or Clerks of the said Court, or his or their sufficient Deputy or Deputies, and shall be observed, performed and kept in all Parts, as well by the Plaintiffs as by the Debtors or Defendants respectively.

VIII. And, for the better Discovery of the Truth, and the more solemn Determination of Matters and Causes which shall be brought and Depending in the said Court intended to be established by this Act; Be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for the said Commissioners for the Time being, or any three or more of them, to administer an Oath to the Plaintiff or Plaintiffs, Defendant or Defendants, and to such Witness or Witnesses as shall be produced by each Party, and also to all or any the Officers of the said Court, and to all other Persons whatsoever, for or concerning any Business relating thereto, if the said Commissioners, or any three or more of them, shall think it meet.

IX. And, for the more effectual Establifhment of the said Court, and that the Commissioners may be vested with a proper authority, and be free and exempt from Insult and Abuse ; Be it further enacted by the Authority aforesaid, That if any Person or Persons shall contemptuously or wilfully insult or abuse all or any of the Commissioners, or other Officers of the said Court for the time being, during their sitting in the said Court, or going to or from the said Court, or shall interrupt or obstruct the Proceedings of the said Court, it shall and may be lawful for the summoning Officer of the said Court, with or without the Assistance of any other Person or Persons, by Order of the said Commissioners, or any three or more of them, being a Majority of the said Court, to take such Offender or Offenders into Custody, and carry him, her or them before the Mayor, or any other Justice or Justices of the Peace for the said Town or County of Westmorland ; and upon the Insult proved, or other Misbehaviour as aforesaid being duly proved by the Oath or Oaths of one or more credible Witness or Witnesses, the said Mayor, Justice or Justices, shall punish every such Offender, either by Fine not exceeding forty Shillings, nor under five Shillings, upon any one Person for any one Offence, to be levied by Distress and Sale of the Goods of such Offender, or Imprisonment in the Common Gaol of the said Town for any Time not exceeding two Months ; and where the said Mayor or Justices shall have imposed a Fine upon such Offender, and there shall not be found sufficient Goods of such Offender whereon such Fine can be levied, the said Mayor, Justice or Justices, shall and may, by Warrant under his or their Hand and Seal, or Hands and Seals, commit the said Offender to the Common Gaol of the said Town, there to remain for any Space of Time not exceeding two Months. X. And be it further enacted by the Authority aforesaid, That in Case any Person or Persons shall make Oath or give Evidence in any Cause depending in the said Court of Requests, whereby he, jury. she or they do or shall commit any wilful or corrupt Perjury, and shall thereof be duly convicted according to Law, then every such Person or Persons, convicted of wilful and corrupt Perjury as aforesaid, shall incur and suffer the like Pains and Penalties to which any other Person or Persons convicted of wilful and corrupt Perjury is and are liable by the Laws and Statutes of this Realm.

XI. And be it further enacted by the Authority aforesaid, That no Person or Persons shall be capable of acting as a Commissioner or Commissioners in the Execution of the Powers given by this Act:, until such Time as he or they shall have respectively taken an Oath to the Effect following :

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 shalll be brought before me, by virtue of an Act passed in the fourth Year of the Reign of his Majesty King George the Third, intituled, An Act for the more easy and speedy Recovery of small Debts in the Town and Parish of Kirkby 4 in Kendal, in the County of Westmorland, without Favour or Affection to either Party. So help me God. Which