Page:Ruffhead - The Statutes at Large - vol 9.djvu/281

A.D. 1763. XVII. And be it further enabled by the Authority aforesaid, That all such Fine or Fines as are Application of Penalties, directed to be imposed, paid or levied by virtue of this Act, sall be laid out, disposed of, or applied, to such Use or Uses as the Commissioners for the Time being, or the Majority of them, shall direct and appoint. XVIII. And be it further enacted by the Authority aforesaid, That in case three or more of the Clerk to adjourn the Commissioners, appointed or to be appointed by virtue of this Act, shall neglect or refuse to assemble on any of the Days appointed for holding the said Court, it shall and may be lawful for the Clerk or Clerks of the laid Court for the Time being, to adjourn the said Court to some other convenient Opportunity, within one Week from the Time in which the said Court ought to have been held ; and in the mean Time, by Direction of one or more Juftice or Justices of the Peace residing within the said Town and Parish, under his and their Hands and Seals, to warn the said Commissioners, or three or more them, to appear on the Day so fixed by the said Clerk or Clerks ; which said Commissioners and every of them, so warned or summoned, as aforesaid (and at the Time of such Summons or Notice, residing within the said Town and Parish of Kirkby in Kendal) neglecting or refusing to appear on the Day appointed by the Clerk or Clerks of the said Court as aforesaid, shall lose and forfeit the Sum of five Shillings, which, on Non payment, shall be levied by Distress and Sale of the Offenders Goods and Chattles, by virtue of a Warrant or Warrants under the Hands and Seals of one or more Justice or Justices of the Peace for the said Town or County of Westmorland such Justice or Justices not being a Commissioner or Commissioners of the said Court ; which said Fine or Fines shall be laid out, disposed of and applied, as is herein before directed by this Act.

XIX. And be it further enacted by the Authority aforesaid, That no Action or Suit for any Debt, Debts recoverable in this not amounting to forty Shillings, and recoverable by virtue of this Act in the said Court of Requests, Court shall be brought against any Person or Persons in any other Court whatsoever ; and no Suit which shall be commenced in the said Court of Requests in pursuance of this Act, nor any Proceedings therein, shall or may be removed into any superior Court ; but the same shall be final and conclusive to all Intents and Purposes. XX. And be it further enabled by the Authority aforesaid, That no Order, Decree or other Proceedings of the said Commissioners, in the said Court of Requests, shall be removed or removeable by Certiorari, or any other Writ or Process whatsoever, into any of his Majesty's Courts of Record at Wesminster ; and in case any Person or Persons shall be aggrieved by any Order, Decree, Determination or Proceeding of the said Commissioners in the said Court of Requests, contrary to the true Intent and Meaning of this Act, or any of the Clerk or Clerks, Officer or Officers thereto belonging, such Person or Persons aggrieved as aforesaid, shall and may recover full Satisfaction for the special Damage in an Action upon the Case. XXI. And be it further enacted by the Authority aforesaid, That if any Action or Suit shall be Limitation of Actions. brought or commenced against any Person or Persons, for any Matter or Thing done or to be done in pursuance of this Act, then, and in such Case, such Action and Suit shall be brought and commenced within three Calendar Months next after the Fact committed, and not afterwards ; and the Defendant or Defendants in such Action or Suit shall and may plead the General Issue, and give this. Act and the Special Matter in Evidence, at any Trial to be had thereon; and if the Plaintiff or Plaintiffs shall become nonsuited, or discontinue his or their Action or Actions, Suit or Suits ; or if, upon Verdict or Demurrer, Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall and may recover Treble Costs, and have such Remedy for the same as Treble Costs, any Defendant or Defendants hath or have in any other Cases by Law.

XXII. And be it further enacted by the Authority aforesaid, That this Act shall be deemed, adjudged and taken to be a Publick Act ; and be judicially taken Notice of as such, by all Judges, Justices, and all other Persons whatsoever, without specially pleading the same.

FINIS.