Elloe, Surfleet and Gosberton Court of Requests Act 1807

As Enacted

Cited in

Jurisdiction	England & Wales
Citation	1807 c. xxxvii
Year	1807

ANNO QUADRAGESIMO SEPTIMO

GEORGII III. REGIS.

*#*HMi***#*#******##*«^

cap. 37.

Act to

älter

and

enlarge

the

Powers

of an

Act, pafled in the Fifteenth Year . öf

His

prefent

Majefty, for the more eafy and fpeedy Recovery

Small Debts, within the Hundred

Elloe^

in the

County

Lincoln;

and

for extending the Juris-

diction of the Court coöftituted by the laid A6t

the Pariflies.o£ Surfleet

SLiid'Goflerton

in the .Hun-

dred of

Kirton>

the faid County.

[25dl ^/>r/7 1807.]

HER'EAS an A& was pafled in the Fifteenth Year of the Reign

of His prefent Majefty, intituled, An Aß for the

more eafy

and J5o.3-S.64.

fpeedy

Recovery

ofSmail

Debts

within the Hundred

Elloe,

in the

Coynty

cf Lincoln ; which faid A£t has been found ufeful and bene*

ficial; buMjje .fame is in fome refpeös defektive, and infufHcient fully to

anfwer the good Purpofes thereby intended: And whereas

would

;reatly tend

tlje Improvement and Encouragerhent of Trade in the faid

"undred of Elke, and

the neceflary Support and Pfote&iöä of ufe*

[LQC.

Ö5

Per

7 B ful

558

Recited AÄ

extended to

Surfleet and

Goiberton.

Commiffion*

ers ä&ing

under the

recited A£t9

and addi-

tional Com-

miflioners

herein nam*

ed't to be

.Commiflfajru

ers for exe-

cuting this

Ach

4fGEORGIl III. Cap.37.

'fut Credit within the fame, if the Powers of the faid Court under the

faid recited A£ of Parliament were extended tö the Recovery of Small

Debts,

not exceeding Five Pounds, and if ' the Jurifdi&ion of the Court

conftituted by the faid Aft was extended to the Parifhes of

Surfleet

and

Goßertön in the Hundred of Kirton in the faid Cöunty of

Lincoln,

and

if the Number of the Cömmiffioners of the faid Court of Requefts were

increafed : May it therefore pleäfe Your Majefty that it may be enafted ;

and be it enaited by the Kiirg's möft Excellent Majefty, by and with the

Advice and/Confent of the Lords Spiritual and Temporal,

and.

Commons,

in this prefent Parliament afiembled,' and by the Authority 6f the fame5

That fo much and fuch Parts of the faid recited ASt of the Fifteenth Year"

ofHis faid Majefty, as confine or-reftrain the Cognizance or Jurifcjiftion

of the Court of Requefts for the faid Hundred of

Elloey

to Debts not

amounting to the Sum of Forty Shillings, fhall, from and after the Firft

Day of June One thoufand eight hundred and feven, be and the fame are

hereby repealed.

IL And be it further ena&ed, That, from and after the Firft Day of

June One thoufand eight hundred and feven, the faid Aft paffed in the

Fifteenth Year of the Reign ofHis prefent Majefty, intituled, An Aä

ßtihemore

edfy andJpeedy Recovery

Small Debis

wfMnme Bundred^tf

Elioe,. in the

County^

0^ Lincoln, with the Explanation aftd Amendment

thereof herein enafted, and all the Powers, Dire&ions, Punifhments,

Penalties, Forfeitures, Provifoes, Matters, and Things, in the faid

Act contained, fhall extend, and are hereby extended to, and

/hall take effe£t, operate, and be cxecutedj with reljpeÄ to the faid

!?%•

rifhes of

Surfleet

and

Gojberton

in the Hundred of

Kirton

in the County

Lincoln,

and to all and every Perfon and Perfons renting or keeping

any Houfe, Warehoufe,

Wharf,

Quay, Lodging, Shop, Shed, Stall

or Stand, or working or feeking a Ltvelihood, or trading or dealing in

either of the faid Parilhes, and to all other Perfons, in fuch and the fame

Manner, and,as fülly and effe&ually, to all* IntentS and Purpofes whät-

foever, as if the faid Parilhes were fituate in or Part of the faid Hundred

df'Ellce- or as ifthe faid PoHvers, Dire&ions, Punifhments, Penalties,

Ibrfeitwes, Provifoes, Matters and Things, were herein re-enaflted ,with

refpeö and in relation to the faid Parilhes of Surfleet and Goßerton

äforefäiä.

III.

Arid be it fürther enaäed, That all and every the ComitiifflQners

who have been nominäted arid appointed in the Manner dir.e&ed by the

faid recited A£t, and who (hall take and fubfcribe the Oäth hereiü-after

mentioned, {hall be Cömmiflioriers for putting the faid 'recited Aöj and

this A& in execution ; and that Richard Aßby junior, Charles Bonner•,

^Thomas

Broderick

junior* Robert Tunnard

Blackith,

Thomas Brockßlßy,

Nathaniel Betts, Robert Börnes, Reverend John- Calthrop, Reverend

Robert

Carrufhers,Th'omasCpngreve,

Reverend Richard

Dods,William

JQods,

'Jä'tiies

Däwfon^ Daüiel Dann, Eüßbiüs Dandy, jfohn

DajuJton,

Reverend

Sarntlet'

F^ßäle,

'George

Maxwell Edmunds, Samuel LldwäKdsJunior, :Re-

,yere$d W:ÜßamFiJherDo$or in Divinijy, Robert

Fißoer,

TMmas:Fißer,

IViJiiflpVEdward

foßer^

Jejfe

Fridlington*

Francis

Gilbert,.

James

Garner,

Geotge

$eerrRhhard Heald

T>o&.or

of Phyfic, Henry

Mawkes,:

Jobn^Hal^

derfößt^m^

Holdicjj,,

Reverend John Metcalß,

>Tbomas

Mapies, John Merriman, James

Nicholfon,

Reverend Samuel

6 Oliver*

47° GEORGII III.

Cit/Ktf.

Oliver', -Charles Odlin, John Pickworth^ Cüwöod RoBnfon, Reverend

Moore

ScribO)

Henry Smith, John Smith junior, John Tatäm, John Wil-

{ertön,. Thomas Weißer, Charles Wyche, William

TVyche

junior, Charlys

Toung, and JohnTarday, fhall be and are hereby appointed and deckr^d

additional Commiflioners, for putting the faid recited A6t and. this A&,

in all refpefts, in Execution j and .that they the faid Commiflioners,, and Debts recd-

eyery Commiflioner from•'•Time to Time to be elefted and appointed verableby

in l&anner direfted by the faid recited Ad, or any Three or more of them, "^sAcL

fliall and may, and they are hereby authonzed and empowered, to decide.

and determine all Difputes and Differences between Party and Party, for

any Sum not exceeding Five Pounds, in all Actions pr Caufes of Debt

;whether fuch Debt fhall arife from any Promiffbry Note or Inland Bill of

Exchange, or for Rent upon Leafes, Articles, Minutes, and in all Caufes

ÄJJlanpfit

and Inßmul

Co??iputajfet,

in all Caufes or Aäions of Trover

and Cpnverfion, and in all Caufes and Returns founded on a Quantum

Meruit, and in

alL

Caufes or Aftions of Trefpafs or Detinue for Gopds

änd Chatteis täken or detained.

TW Provided, always, and it is hereby declared, That this A&, or This AÄ not

any Thing herein contained, fliall not.extend to any Debt where any toextendto

Title of Freehold, or Leafe for Years of any Lands or Tenements,' fhall

^latm

come in queftion ; nor to _any Debt for any Sum, being the Balance of

an Account on Demand originally exceeding the Sum of Five Pounds; nor

to ^ny Ddbt that fliall arife* by reafon of the Occupation of Lands,

Tenements, or Hereditaments, fituated elfewhere than in the faid Hundred

üfElloe, and Pariflies of Surfleet and

Goßerton

in the faid Hundred ofKirton;

ör by reafon of any Gaufe concerning Teftament or Matrimony, or any

Thing concerning or properly belongmg to the Ecclefiaftical Courts ; or

for or concerning any Agreement by way of Compofition for or by way

of Retainer of Tythes ; nor to any Debt for any Money or Thing won

af or by means of ahy Horfe Race, Cock Match, Wager, or any Kind of

Gaming or Play ; nor to any Debt which there has not been a Contraft,

Acknowledgement, Undertaking, or Promife to pay, within Six Years

before the taking out of the Summons^ although fhe fanie refpeöively

fhall not exceed Five Pounds ; any Thing herein contained to the con-

trary notwithftanding.

V. And be it fuither enaöed, That the faid Commiflioners already ap- Commiffion-

pointed and to be appointed as aforefaid, or any or either of them,. fhall ers pottoäa

not be capable of afting as Commiflioners or a Commiflioner in the Exe- ?

jp"

cütiön of any of the Powers and Authorities given.by thisAft or by the ^thefbjbvnn

faid recited Aft, after the faid firfl Day of

June

One thoufand eight hun-, OathV

dred and feven, until they and he relpeäively fhall have taken an Oatti

to the Effed following ; (that is to'fay),

c T A.B. do fwear [or, being one of the People called Quakers^ clo Q *

* A folemnlv afKrm] That I will faithfully, honeftly, and impartiaily,

« according to the beft of my SkiU and Judgement, execute the feveral

1 Powers and Trufts repofed in me as a Commiflioner ,of the Court of

* Requefts within the Hundred of Elloem the County of

Lihcofn>

con*

1 formably to the Direftions, true Intent and Meariing of an Aö, paflfeij

4 in the Fifteenth Year of His prefent Majefty, intitülkd, An A£lfor\the

mere eafy

and jpeedy Recovery of

Small^Debts wHhih'jtke Trlundrjd

pf Eljoe

\ *

$6o

Clerk or De-

ptity to ad-

miniilerthe

Oath.

Qnaiification

Commif-

lioness.

,A& öf Com-

niiiiioncr.-j

gopd before

Vönvi&ion.

Officers äp-

pointed by

forme?

A£t,

to Continus

470GEO&GIi IIL Cäfi.$p

€ in the Couniy of Lincoln ;.änd of an A& päfled in the Forty-fcventh

* Year of the Reign of His faid ' prefent Majefty, intituled, An Aä \here

* ßtforth the Title ofthis Ää\ or conformably to the Direftions, and true

* Intent and Meaning of fuch orfo much of the fäme Two A£ts as now

« are or is in force, and that without Favour or Affection,- Prejudice

c or Malice ; and alfo, that I am a Houfeholder, or carry on Trade,

« within the Jurifdi&ion of the faid,Court, and that I am poffefled of a

* Real Eflate of the annual Value of Fifty Poünds, or of a Perforial

* Eftate of the Value of .One thoufand Pounds, above all Charges

< or Incumberances whatfoever. So help me GOD.

* •. ;- .

Which Oath'fhallbe in lieuand flead ofthe Oath mentioned or prefcribed

to be taken by a Commiffioner, in the faid recited Aä: ; and which faid

üath, herein-before mentioned or contäiued., one of the Clerks- of tW

faid Court for the Time being, or their or his fuflicient Deputyj is here-

by empowered

*and

required to adminifter ; and they the faid

Gommif-

fioners fhall and are hereby required, aftef taking the faid Oath, to fignor

f ubferibe their relpeflive Names upon a Roll or Rolls of Parchment, or

in ä Book to be provided for that. Purpofe, with the faid- Öäth written

or printed therein ; and fuch Roll or Rolls or Book fhall be carefully

kept among the Records of the faid Court.

VL And be it further ena&ed, That no Perfon {hall be qualified to

aö as a Commiffioner in the Execution' of this Aö, unlefs he, fhall at

the Time of afting be ä Houfeholder or fhall carry on Trade within the

Turifdi&ion of the. faid Court, and be poffeffedof a Real Eftate of the

annual Value or rnty rounds,- or or a rerlonal Eitate or the Value ot

One thoufand Pounds, above all Charges and Incunibrances whatfoever ;

and. if any Perfon, not being qualified as aforefaid, fhall prefume to aft

as a Commiffioner in the Execution of this Aä, every fuch Perfon fhall

for every fuch Offence (over and above any Punifhment which he.may

be liable, to for wilful and corrupt Perjury) forfeit and pay the Sum of

Fifty Pounds, together with füll Cofts of Suit, to any Perfon or Perfons

who fhall fue for the fame, to be recovered in any of His Majeflv's Courts

o£ Recqrd at Weßminßer, by Adlon of Debt, or on the Cafe, or'by

Bill, Plaint, or Information, wherein no Effoign, Protection, or Wager

of Law, nor more than One Imparlance fliall be allowed ;• and in

every

fuch A&ion, Bill, Plaint, and Information, the Proof of fuch-Gualification

fhall be on the Defendant, and it fhall be fufiicient for the Plaintiflf or

Profejut.br to prove that the Perfon fo fued or profecuted had afted as* a

Commiffioner in

the Execution of this Aä : Provided neverthelefs,' that-

all Judgements, Orders, Decrees, Acts, and Proceedings of all and every

Perfon and Perfons afting as a Commiffioner or- Commiffioners -in the

Execution of this Aöy'though not duly qualified as aforefaid, previous

to his or their being cpnvifted' of fuch Offence, fliall, notwithflanding

fuch Conviftion, be as valid and effecbial as if fuch Perfon or Perfons

had been duly qualified according to the Dire&ions of this 'A£t.

VIL And be it further enafted, That each pf the Clerks and Serjeants

duly ele&ed znä chofen ünder and by virtue of the faid recited A£l, fliall

remain aiid continue to be fuch Clerks and Serjeants of the faid Court bf

Requefts, for the Execution of the Purpofes in the ilid recited Ad and

this A£tvcöntainedj and it fliall be lawful for either of the foid- Clerks

from

47° GEORGII IH. Cap.sj. 561

from Time to Time; to ^ppoint a,proper and fufiiciertf,Deptiüy to ad and

officiate for him in the Duties of the faid Place or Office.

VIII. And, for jbetter regulating.the Sittmgs of the faid Court, be !it Timeof

fürther enaÖted; That the

faid Commiffioners (hall not hold

.the;;

faid ^"f"8

Court, or hear or determine any Cafe or Cafes, Caufe or Caufes, to be

heard or determined by