Elloe, Surfleet and Gosberton Court of Requests Act 1807
| Jurisdiction | England & Wales |
| Citation | 1807 c. xxxvii |
ANNO QUADRAGESIMO SEPTIMO
GEORGII III. REGIS.
*#*HMi***#*#******##*«^
cap. 37.
An
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
of
Small Debts, within the Hundred
of
Elloe^
in the
County
of
Lincoln;
and
for extending the Juris-
diction of the Court coöftituted by the laid A6t
to
the Pariflies.o£ Surfleet
SLiid'Goflerton
in the .Hun-
dred of
Kirton>
in
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
of
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
it
would
;reatly tend
to
tlje Improvement and Encouragerhent of Trade in the faid
"undred of Elke, and
to
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hereby repealed.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
of
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
of
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
of
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- ?
t*
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
s
\ *
m
$6o
Clerk or De-
ptity to ad-
miniilerthe
Oath.
Qnaiification
cf
Commif-
lioness.
,A& öf Com-
niiiiioncr.-j
gopd before
Vönvi&ion.
Officers äp-
pointed by
forme?
A£t,
to Continus
470GEO&GIi IIL Cäfi.$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
4
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
A
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
:
the. faid Commiffioners by. virtue of ,this
;
Aö:,
but between the Hourjs of Ten of the Clock in the Forenoon and Six
of the Clock in the Afternoon ; $nä nothing in this AfLcoritained^fhall
exiend, or.be conftrued to extend, fp.as torequire or compel the Atten-
dance of any Plaintiff or Pläintiifs, t)efendant ör DefendantSj Witnefs of
Witnefles, in the Taid Qourt,,,in purfuance,öf(:any Order.,,or Sumjnons
iffued out of the faid Court,: or by any Perfon. ,or Perfons whomfoever
ä&ino; as an Officer or öfficers of, the faid Court,s, fave and except be-
tweea-the faid Hburs of Teil of the Clock in the Forenoon and Six of
the Clock in theAfterhobn.
IX. And be it. further enafted, That it fhall and maybe lawfulto and Webtorsi
to-
fqr any Perfon or Perfons (whether fuch ,Perfon or* Perfons lhall refide tefore Gom-
within the Jurifdi&ion of the faid Court or not) having any Debt or Debts miffioners,
ön the jBälähce' öf Account^ or irrrefpedi of Wages, Rents, or Arrears
wh?m^y,
öf Rent,' of:ötherwife howfoever, not exceeding-the.Value ofFiye Pounds u^Vee/thT
düe'ör owi,ng to him, her, or them» in.his, her, ör their own Right,. or partiesas
in*
the Right öf any other 'Perfon; or Perfons, or as Executor or Admi- they think
nillrator, Guardian^ Affignee,<" or Truftee to any Perfon or Perfons, ordue ^tj
Ör owing to :him as High BailiiF, Cönftäble, or other Officer, to any Body.
Corporate, as Colledon of .any Rates or< TaxeSj or as Clerk or other
Officer to an^ Commiffioners^ orto any Club, or Friendly Society duly
aflociated and cbnftituted by the Statutes in that Cafe made and providedi
ör in any other Männer whatfoever ;not: exprpfsly' prohibited bythis;A6t
by ör fröm any other>Perfon'or, Perfons: whomfoever^ inhabiting, .refiding
bt occafiöüatty* Coming into; 6t fojbürnihg withitivth-e faidHundfed ofcElloe
änd-the Pärifhes of Surßeet and
Goßerton.
in the faid .Hundred of Kirion*,
ör- keepiiigor ,ufing any. Houfe, Wafehoufe,'
Wh^ff,
.Quay,, Lodging^
Shop,
Shed, Stall, or Stand,,or,:working or feeking. a;Livelihöod, oj
in any way tfading or dealing thereiß-tfefpe&ively:^ to; caufe fuclj Debtöj
or Debtots as aforefaid to be warned or fummoned^by perfonal Service
brbyVprinted ör written Summbns' left* at'the IDwelling -Höufö Qr iaft
Placis ofAbode, Warehoufe, ^
Whärf,
Quay,^ Lodjging,.Sh6p, Shed, .Sta,U>
Stand, or any other Place of dealing of fuch Debtor or Debtors,
*or;
Ppa-
föfl: öif
*
Perföfis"'as: aforefaid,
*
mithin.the Xurifdifäio.n of the faid Court, to
äppear
before:
theCommiffioners of
the'
faid -Cpurt "ftt fuch Time and:Placei»
Tittes aiid" Planes, in fucfoMaimerand under andfübjeQ: to fuch and jthe
famfe'Powers^
•
Procefs, and Methodof Proceedirig^ Orders, rjudgements,
Defcrees,* atid Ex:ecutions, not heirein and hereby-altered and amendedi.^s
are mentiönedyex^reffed, enaded, and declared in and Uy the faid rechet
A& öf the*-Fifffeehthr Year of the' Reigni of Hi§ faid prefent Majefly,
äitd: that** as fuUy'ahd effe£tually, to' all Intents and-Purpofes, as if the
föme were-her^epöated^and r^fted ; and upo^ due P^oof pf fuch
Summbns having beeti^ duly fervedyin: Manner aferefaid^ the faid, Con>-
miffiqners prefent^in 'Court (the Number: of .fuch Commiffioners prefent
fiöt being lefs'than-by this A&vdireft^d)are hereby.smpowered and re-
^Loci
&f &er^
%
C quired
$62
By InftaU
ments or
otherwife*
Orders and
Proceedings
to he
regif-
tered,
Plaintiffs not
appearing,
Defen dantto
have Cofts,
Officersof
the Court t&
fummon Wit-
neffes.
Witnefles not
appearing or
refufmg to
give Evi-
dence, to for-
feit a certain
47*
GEORGII III. Cty.37.
quircd to make due Enquiry concerning fuch I)ebtsr Demands, or Plaints,
and make fuch Order or Orders, Decree or Decrees therem* and pafs
fuch final Judgemerit ör Sentence thereupon, and award fuch Cofb of
Suicas to them fhali feem moft agreeable to Equity and good Confcience;
and they ,are alfo'hereby empowered to order and direft the Payment of
any fucli.Debts to be made either in one Sum at once,. or by Inftalments
at ftated PeriocU, as they fhall fee Cauie, and deem jufl and reafonable;
all.which Order or Orders, Decrees, Judgements, and Proceedings fo to
be made,
•
fhall be regiftered in a Book or Books to be kept for ,that
Purpofe by die Clerk or'Clerks ofthe faid Court, his or their fufficient
Deputy or Depüties, as they have been accuftomedTto be ;• and as well
the Plaintiffor Plaintiffs, as the Debtor or: Debtors, whom fuch Order
or Orders, Decrees, Jndgements, and Proceedings, fhall refpe&ively
conceriy fliali öbferve, Lperform, and-keep* the Time refpeäively in all
Points
•;
and nö fuch Orders, Decrees, Judgerhents, or Proceedings, fhall
be remsved or removeable into any other Court by Certiorari, or other-
wife,
*
except4 for the Purpofe öf enforcing/'and carrying iiito Üffeä:. fuch
Order, Decree, or Judgement.
X, Arid be it Turther enaÖed, That ifupoiiany Day of the Return
of, any: Summons iffued on the'Behalf of any Plaintiff or Plaintiffs, or at
any .Continüatiori ör Ädjournment ofthe faid Court, or of the. Caufe or
on aceouht of which fuch Summons fhall have been iflued, the Plaintiff or
Plaintiffs {hall not appear either iti Perfön or by his or their Agent or iome
öther Perfoh on his, her, or their
Behalf,
or appearing (hall not make
t*roof öf his, her.' or their Deinändsto the Satisfaäion of the faid Court,
but fliali becomenohfuited pr Judgernent fliali be -prpnounced againft him,
her, or them by the faid Cötiimiffionersy tjiei?. and in every fuch Cafeit
fliali and may be lawful to and forUhe Jaict Commiflioners and they are
hereby required to award to the Defendant or Defendants fuch reafon-
able Cofts and fuch' reafonablö Satisfa&ion for his, her, or their Trouble
and Atteödänce as ihe¥;-lhe faid Commiflioners in their Üifcretion fhall
think fit, and toqsdgr and cömpei the Plaifttiff or Plaintiffs to pay the ferne
by fuch Ways or Mearis as are herein provided for the Recovery of Debts
ördered or de'creed by the faid Court.
XL-
And be it further 6naöed, That it fhall and maybe lawful to and
'for
•
ariy Plaintiff or Pfäintifis,'-Defendant or Defendants, in any Suit or
Caufehereafter dependihgin the faid Court of Requefts, to caufe any Per-
fön or Perfons, to be'wairned or fummoned as often as fhall appear
necef-
fary, by the Serjeant of the- faid Coüily either by ferving fuch Summons
perfonally, ofbyjeaving thefame at the laft or uiual Place or refpe&ive
Places of Abode" öRfuch ^Perfon or Perfons, to appear.as a Witnefs. or
Witnefles to ;give Evidencb iri- the faid Court m or, concerning any Suit
orCäufe ; arid in eäfe "äriyv fadtPeifenfof;Perfons.fb,to ]b? furrimoned to
give E^idencq as a&refaid 'fliäll tefufe#. or. negiert to.. appear at
the Time and Place to which
»he,
fhe,( or. they fhall be fo fummoned, or,
-appearing upoü any fuch Summons,- fhall refufe\to «be examined upon
O^tth, or in Cafe of ä Quaker or Quakers, on folemn Affirmation .(which Oath
or Affirmation any one ofthe faid Commiflioners, or either of their Clerks,
is hereby authorized $0 adminifter) and.to givevEyidence as aforefaid be-
fore'Juch Commiflioners, aecording kto the true latent and Meanijig of
this
4.'0
GE0RGI1 III. Cap. 37. 563
this Aft, then and in either of the faid Cafes> every fuch Penon fo
negle&ing or. refufiiig fhall forfeit and pay for every. fu-zh Offence any
Sum not exceeding Fifty Shillings, to.be awarded by the faid Commil-
fipners, or any Three or more of thein, unlefs a reafonable- Excufe be
offered to and allowed by the faid Commiffioners ; and if the Perlon or andinDe-
Perfons fo/oüending fhall not forthwith pay inib the faid Court1 the fault öf-fay*
Penalty or Forfeiture fo impofed lipon him, her, or them,.it fhall and meo|bt^
niay be lawful to and for the faid .Commiffioners, or any Three or mofe
pjf.them, to order and; caufe fuch Perfon or Perfpns to be'apprehended by
an Officer of the. faid Court, and commitred Lo the Common Gaol or
Houfe of Correftion for the -Parts of
Holland
in the faid County of Lw-
cün*>
thereto renrain for any. Space of Time not exceeding Fourteen Days,
Unlefs fuch Penalty or Forfeiture fhall be fooner paid;and £very fuch Application
Penalty ör Forfeiture as lad mentioned, as fhall be reeeived by virtue of ° *aa Uea*
this^Aft, fhall thereupon (after deduding the reafonable Cofts and Charges
of apprehending and taking fuch..Perfon ör Perfoii^ fo negleäing or
refufing)^be paid over.to.the Party at whofe Inftante fuch Summons
iffued,
XII.
And be it further enafted, That in every Cafe where any Wages
per^0jis
un^er
or any other Sum or Sums of Money whatfqever^ not exceeding the-Sum* Age may be
of Five. Pounds, fhall be, due and owing to any menial*Servant, Clerk, reoverecL
Book-keeper, Jonrneyman^^Shopman, Shopwornanj Afliftant, Labourer,
or any other Perfon vvhomfpever, under the Age of Twenty-one Years,
it fhall and may be lawful to and fqr.fuqh Servant, Clerk, Book-keeper,
Journeyman, Shopman, Shopwöman, • Affiftant, Labourer, or other Per-
fon, to fue for and recover fuch Debt, in
;
the faid Court, in the fame
Männer as if he« or *fhe ,were (qf füll.
Age.;.
and the faid ^Commiffioners
prefent in ,the faid Court, are hereby authorjzed and required to take cog-
nizance of? and proeeed in all Caufes cbncernfrig Jüch Debts, in the fame
Manner, and fhall hav$ fuch and the like Powers in regard thereto', as
if the Plaintiff or Plaintiffs were of füll Age; Verdi&
in any other
XIII, Andbe it further eria&ed, That if any AÖion orSuit fhall be Court, for
commenced in.any other Court than the faid Court of Requefts^ for IJebtsre'.
any Debt not exceeding the Sum ofj Five Pounds, and recoverable by vir-
t^js
court
tue.
of the faid recited Aö and of this A£t, or either of them., in the'faid not entitkd
.Court ofRequefts, then and in every fuch Cafe the Plaintiff or Pläinüffs *° Cofts; tmt
.5x1
fuch A&ion or Suit {hall not^ by reafon of a Verdiö for bim, her, or. . £ j
them, or otherwife, have or be entitled tö. any Cofts ^whatfoever ; and if Defendant^
the Verdifl: fhall begiven for the Defendant or Defendants in fuch Aftion andthejudge
or Suit, and the Judge or Judges before whom the fame fhall be tried or ftallceitify
heard fhäUthink fit to certify that fuch Debt oüghtto havebeen recövered '^Vuo'have
in'the faid Court of Requefts, then and fö ofteh fuch Defendant pr Defend- been.reco-'
arits fliall
have^
Pouble Cofts, aiid (hall have fuch Remedy for recovering vered in this
the fame, as any
-
Defendant or Defendants may have for Bis, her, ortheir
^H1?'he
g^\
n *
£~*
r 1^ T in all have
Cofts in any Cafe by Law. DoubleCofts.
XIV* Prpvided ahvays^ That nothing herein contained fhall exteftd; or P^-rfonsnot
be cönftrued^to extend, to prevent or reftrain any Perfon or Perfons from gJ^eJ^J
mäking Diftrefs, pr bringing any A&ion or Aäions whatfoever for Rent ingRentsby*
aiid thereby recovering fuch Rent with CoftsP althpugh the fame Rent Diftref$, &c.
fhall not exceed the Sum of Five Pounds, XV» And
Statute of
i^mmaticns'
»>ay hc
pLaded.
Ä^ionsi -not
to beiplit,
for the Pür-
p'jfe of bring.
ing them He
fore.
the
Court.
Btit theCourt
may decree
an fuehAclion
i"o fplit, if the
Plaintiff
ihall,be fatis-
!ied to're-
ceive the Mö-
ii ey in füll öf
HÜ Deman d
in.ftijbh
A&iön;
Tirae of Im-
pdfonment
limited*
47°GE0RGI1 III. Cap. 37.
XV\ And, fbr removing all Dcubts v/nether the Statute of limita-
tiotts may bc pleaded iil the faid Ccurt öf Requefts, it is herebv further
enacted and declared, That Defendants-in that Court fhall be,allowed to
plead or dann the Bencfit of any Statute cf Limitations now in being or
hcreafrer to be made
-T
and every fuch Defendant fö pleading and claiming
jfaali have and reeeive fuch or the like Advantage br Relief thereby as fuch
Dqfe.ndant w.ould have been entitled to incafe this A£t had not'beeii made,
and he or Hie had betn fued fbr the fatne Debt, or'other Caufe of
Acübn, in- any of His Majefty's Courts at Weßminßer^ or any other
Gpurt, and häd there pleaded fuch Statute in bar to the Ä&ion or
Suit.
Xyi-,
And be it further enacied, That nothing I]erein contained fhall
exterid, qr be cpnftrued to extend, fö as to enable any Plaintiff to fplit or
divide any Caufe or A£fcion for Recovery of any Debt, where the whole
Stint whigh fhall appear to be due anu owing fliall exceed the Sum of
Ilive Pounds, in order that the fama may be made the Ground öf Two
ör more Caufe? or Aetions, for the Turpofe öf bringing fuch'Caufes or
Aftions withinthe Jurifdiftion of the faid Court; and in cafeit fhall ap-
pear to the f^d Commiffioners,. that any Plaintiff fhall have. fo, fplit
or divided his or her Caufe or Action as aforefaid, then and in every fuch
Cafe the faid Commiffioners fhall and they are hereby required to difmifs,
\yith Cofls, every fuch G^ufe or Aftion fo fplit and divided j bat fuch
Difmiffal fhall not hinder or prevent fuch Plaintiff from proeeeding fbr
the Recovery of his or h^r Debt in any of His Bajefty's Courts of Recori
at Weßminjicr^ or in fuch other Männer as fce br fhe may lawfully
proeeed,
XVII. Provided always,,That in cafe any
Plaintiff,
who fhall have fo
fplit or divided fuch his or her Caufe or Aftion, fhall be willing to äeeept
&ch Sum of Money as the faid Court is (n ^d by this Ad enabled tö
adjudge, decree^ and pronounce, in füll of die Whole of hi§ or lief'De-,
mand in fuch Caufe or Aftion fo fplit or divided,
'then*
arid*
in every fuch
Cafe,
t^e'faid Commiffioners fhall. and may adjudge,. 4ecre??* and pro-
nounce (on fuch Plaintiff proying his or her Caule qr Cafe to the Satis*
fa£tion ;pf the faid Commiffioners) fuch Sumtb the
Plaintiff,"
i>ot exceeding
Five Poutfds, as to the faid Commiffioners fhall feem iuft and reäforiable t
and fuch Sum fhall, in the Judgerpent ör Decree to, be prönoiinced fey
the faid Gotpmiffiqners, be 4eclar"cd tp be," and (hall be in füll Difcharge
pf all Denjands from p\\e Defendant tö the Plaintiff in fuch "Caufe or
Aftion fo fplit or divided i
XVIII. And be it further. ena^ted, That no Perfon pr Perfons whom-
fpever lhall
be-
conunitted tp .any Gapl or* Prifpn by Order pf the faid
Court, for any I>?bt pr Debts» or be kept or continued in Cuftody on
mijiVjßi^nce whatfoever (except jsi the Cafes hererin-aiter otherwife1 prö-
vidcd for) for any longer Space or Spaces" of Time, frpm the Time of
his,
her, or their Commitment to Prifon, thfan is or are nexthei*ein-after
limited in that
Behalf;
thatis to fay, wjiere the Debt (exclufiye of Cöfts)
doe¬ e^eeed the Sum qf Twenty. Shillings, then he, flie, or they fliail
ftot be%ept pr continued in .Cufiody for fmore thän
-
Twerity Days ; and
wh^^4heISiebt ^cj^fiyerof Gofts)iis,aboye Twenty Shillings,* and does
not
47eGEORGH III. Cap.yj. 565
Hot exceed Forty
•
Shillings, then not more than Forty Days; and where
the Debt (exclufive of Cofts) is abovt^ Forty Shillings and döes not ex*
ceed Three Pounds, then not more than Sixty Days ; and where the
Debt (exclufive of Cofts) is above Three Pounds and does not exceed
Four Pounds, then' not more than Eighty Days; and where the Debt
(exclufive of Cofts) is aboye Four Pounds and does not exceed Five
Pounds then not more than One hündred Days, from the, Time öf his>
her, or their'Cdmmitment.; and all Gablers and Keepers of Prifons are
Kereby direflfced and required to difcharge fuch Perfons accordingiy.
XIX. And in order the rriore effe&ually to
prevent.
Perfons, fummoned co*^j~Mb-*"
for Debt to the faid Court froin fraudulently concealjng Money, Goods ttcvorGoods
ör EfFe&s ; bfcit further ena&ed, That in cafe, upon the Summ.ons.of theTim^ot
any Perfon for any Debt br Debts before the faid Court, Information of any ^IS ln)?,lf0Jl"
fuch fraudulent Concfcüment fhall be given, fuch Court fhall have Power ^!Jrge(i
to hear Evidence ais to the Faä ; and iri cafe it (hall be proved to their ' "
Satisfaöion, upon
"the
Öäth of om pr more credible Witnefs or Witneffes
(which Oath the fäid Court is hereby empowered to adminifter), then
and in every flieh Cafe, it fhall and may be lawfui to and,for the faid
Court to enlarge the aforefaid Time of Imprifonment of fuch Debtor
to any Period, in addition thereto, not exceeding Three Calendar
Months.
XX. And be It further .enaöed,' That from and after the paffing of Timeoflm-
this A&, all arid every Perfon and Perfons who fhall be taken in Execu- pnfomnent to
tion, under or by virtue of any Procefs iffuing from orl out of the faid eaCkßjr °.
Court of Requefts, and who at the Time of being taken into Cuftody/ or üon.
during his, her, or their Iniprifonment, fhall have more than one Execu-
tion againft him, her, or them in the faid Court, he, fhe, or they fhall
be imprifoned the limited Time for and\
in
refpeft'of each and every
Execution ; that is to fay, after the limited Time is expired 011 the Firft
Execution, the Imprifonment fhall commence on the Second Exe-
cution ; and after the limited Time is expired on the Second Execu-
tion, the Imprifonment fhall commence on the Third Execution ; and fo
on until he, fhe; orthey
fo1
fhall have been imprifoned the limited Time
for and in refpeÖ: of each and every feparate Execution to be iffued
againft him, her, or them in the faid Court, previous to his, her, or
their being taken into Cuftody, or during his, her, or their Imprifonment;
any Statute, Law, .or Ufage to the contrary notwithftanding.
XXI* And be it further enaSed, That it fhall not be lawfui to or for. Procefs not
the fäid Commiffioners to iffue any Procefs againft the Body or Bodies of to.1?^-1
any Perfon or Perfons, in any Cafe or Cafes where the Party entitled to j?eXn and
the Benefit of any Order, Judgement, or Decree, fhall at the fame Time
Goods
of the
have obtained any Warrant or Procefs againftths Goödstand Chatteis .of famc Perfons,
the fame Perfon or Perfons.
XXII. Aiid be it farther ena&ed, That each1 and: every Perfon.
impri-
Debtors not
foned by virtue ofthis A&, fhäll,
on*
the-.Expiration oftus or her Time ™ , p'pa^
of Imprifonment, l?e difcharged and fet at liberty without payihg any Sinn
or Sums of Money, Fee or Fees, ör oiher Reward or Gratuity whatfo-
ever, to the Keeper qr Keepers, ör Turnkey or Turnkeys of the faid
Gaol or Prifon, by way of-GaoI Fees or Difcharge'Fees, ör on any other
Pretence whatfoever ; änd if any Keeper or Keepers, Turnkey or Turn-
[Loc.
^
Per+1
y D kcys
47"
GEORGII IIL
Gap.
37.
key& of
the.
faid Gaol or Prifon, or #iy other Perfon whomfoever, fliaU
demand, take, or receive any Fee or Fees, Sum or Stims whatfoever, upon
the Difcfrarge of any fuch Werfen or Perfons fo committed to his or their
Charge pr Cuftpdy as aforefkid, or, fhall keep or detäin any fuch Perfon
br Perfons a Prifoner Qr.prifonersafter the Time by. this.-Ad: limited for
his,
her, or tbeir ImprjfQnment, every, fuch Keeper* Turnkey, or other
Perfon^ iliall,for every fuch Offence forfeit and pay the.Sum of Twenty
Two Juftices Pounds
}%
aM it ßiall and may be lawful to and for äny Two Juftices *of
SifuS"
aeP^e>ai?gfor the.faid Hundred or Divifion \vhere, iudv Offence
OfFeftce! ^a^ becommitled, to hear and determine every fuch Offence,
and*
fuch
Two Juftices are hereby apthornzed and required, uport any
r
Information
eiibited, ör Gomplaint, made before them, of fuch Offence: having - been
committed (in-cafe fuchlnformation fhall be exhibited, or (pomplaint rn^dp
within Three Calendar Months after the Offence comi^itted) to fummon
the Party accufed, and alfo the Witneffes on each Side, and to examihe
into the Matter of Fa£t, and, upon due Proof made thereof by the Oatfi
of One or more credible Witnefs or Witneffes, ör by the voluntary Com?
feffion of the Party accufed, to giye Judgement or Sentence for. fuch
Penalty or Forfeiture aforefaid ; and in cafe fuch Penalty or Forfeiture
fhall not be forthwith paid, to iffue a Warrant under their Hands and
Seals for levying fuch Penalty and Forfeiture by Diftrefs and Säle of the
Goods and Chatteis of the Offender or Üffenders, rendering the Överplus
(if any), after dedu&ing fuch Penalty and Forfeiture, and the Cofts and
Chargesof fuch Diftrefs apd Säle,* to -the Owner or Öwners
thereof;
and in cafe fufficient Diftrefs fhall not be foiind, it fliajli and may be
lawful to and for fuch Juftices toxommit fuch Offender ör Offenders to
the common Gaol or Hojife of Correäion fqr the Parts of
Holland
in-the
faid County of
Lincoln^
for any. Time not ,exceeding Three ^Calendar
Months, unlefs fuch Penalty and Forfeiture, and all Cofts and Chärges
attending. fuch Convi&ion, be fooner paid and difcharged;' and one
Moiety of fuch Penalty or Forfeiture, when paid or received, fhall be
paid.ro the Perfon or Perfons informing or fuing for the fame, and the
other Moiety, thereof to otie of the Clerks to the faid Commiffioners, and
the fame fhall be by the faid Commiffioners diftributed amongft ihe; Poor
of the Parifh* wherein fuch Offence fhall be-committed, in fuch Shares
and Proportions as to the faid Commiffioners fhall Teem right.and
proper,
Record of
Judgement
may be re-
movfcd iritb
the fuperior.
Courts, and
WritsofExe-
cutiön iffued
to'die Sheriff
of any Coun-
ty,
XXIII. And whereas it may happen that Perfons ferved
with-
Procefs
iffuing out of the faid Court of Requefts, may, in order to avoid Execu-
tion, remove their Perfons and Effefts beyond the Limits bf the Jurifdi&ion-
of the faid Court ; be it therefore enaded, That inall Cafes where a final
Decree or Judgement for any Sum orSums exceeding Ten Shillings fhall
have been obtained in the faid Court, it fhall and may be lawful to and for
any of His Majefty's Courts at
Weßminßer^
upon Affidavit made and filed
pf Aich Decree or Judgement being obtained, and of diligent Search and
Enquiry having been made after the Perfon or Perfons of the Defendant or
Defendänts-, or his, her, or their Goqds and Ghatteis, and of the Ps*e-
cept of Execution having iffued againft the Perfon or Perfons,. oj Effeös,
as the Cafe may be, of the Defendant or Defendänts, and
that.
thq Per-
fon or Perfons, Goods and Chatteis, of fuch Defendant or Defe^daiits,
is or are not to be found \vithin the Jurifdiftion of the fäid Cour(t (wbich;
Affidavit may be made before a Judge or Commiffibner authorized;;.ta
47° GEORGII III. GM. 37
take ÄffidäpiTs% \t (hall and may be läwtülto and föFfüch fuperior Court
tocaufe th^ Record^ of the faidDecree or Judgement to be removed into
fuch.;fuperipr Gourt,' ind to iffue Writs of Execution thereupon to the
Shei:iff qfjany Coüdty, City, Liberty, or Place, againft the Perfon or
Perfpns, or Effeös, of the Defendant or^efendaiit^iiL the fame Männer
as;upßn/Jludgements5obtained. in the faid Courts at Weßminßer; and
thefiSheriff,t uppnperjy fuch Execution, fliall, an$|(]^\i§t.h^
riz^d tq dötainJthk Defendant. or Defendants u.nU^i^p;S^/pftlTwp^y
Shillingn bl
paid.
tahiin^ or.tö levy the fame out of therEjK^s?%accprdilig
füre of the ^ Executipnt, Jpr the* e^ti^prd^m tfie
Piaintiffs \ty the
faicT
Court:
fubfequeht to thö faid'
Decpep
pr
and of thp Execution in the fuperior Gourt,, over aud abovs
to the Nat
Plaiiitiff or
Judgement
?
the Money for which fuch ExecutiDn Ihall be ifluedL
!^XIY- An<^be ,it lurther enaägd, That thp}feyer^l,Fees andJSums of-Fees to
Mojaey Jierein-after liipited and exprcfled, arid no öther, fcajili be taken.taken#
by-thetlei'kSi'and Serjeänts of ,the,laid; Court, pf* Requefts^» fpr .their
feveral and
I
re^peäive pervice's in the ^ecutiqn,vof the'
SdiA
.r.eqited Äfitj
androf
this^AQ:,
in lieü and ftead of the Fees^anci Sums of. Mon^y limited
andexprefikl in the faid recited A& i (thatis to/^y)*
CLERKS
Table of
Fees to Be
hung up iii
the Couii.
47°OEORGII III. ftp. 37.
*-L pHAii "^
}
ksj
CLERKS FEES.
For eritering every Caufe * -
For iffuing every Sumriions -
For everf Subpttna' - / *
Fo*
cälliÄg
fevery
Pläintiff eft Defendant before the 1
Court J
For every Hearing 6r Trial
For fwearing every Witnefs,
Pläintiff,
ot* Defen-
dant - -
For every Order, Jüdgemeiit, or Decree
For a Nonfuit
For every
Searcl}
in the Books or Minutes
For paying Mon£y into Court in füll.
If by Inftalments
For taking Money out of Court
F<
t acknowledging of Satisfa&ion in the Clerks
Boöks
For every Attachment
For every Execution
For every Warrant of Commitment for an Infult
or Mifbehaviour in the Court, or to the Com-
miffioners, Clerks, or Officers of the Court, -
SERJEANTS FEES.
For the Service of every Summons,Order, or
Sub-*^
peena, if within either of the Towns of Spalding I
or*Holbeach, and attending the Court with the t
return thereof - - - J
If out of eicher of the faid Towns, Four-pence
more for every Mile.
For calling every Pläintiff or Defendant before the \
Court - • - J
For executing every Attachment, Execution, or")
Warrant againft the Body or Goods - J
If out of either of the faid Towns of Spalding or
Holbeach» Four-pence more for every Mile,
For carrying every
Pläintiff,
Defendant, or Delin-
quent to Prifon, Eight-pence for every Mile
diftant from the Place of Arrefl: to fuch Prifon.
On Debts
notexceed-
ing Forty
Shillings,
$• d»
o 6
o 6
6 6
0 3
o 6
o
1
Q
O
I
I
I
I
2
6
o
3
6
0
o
o
o
o 8
o 2
2 O
On Debt»
above Forty
Shillings.
m0
£• /• d*
l O
I O
X O
X O
o 6
1
2
o
I
2
2
2
2
O
O
6
o
o
o
o
o
o
I 6
0 3
4 o
A Table of which faid Fees (hall be hung up by the Clerk o( each of the
faid Courts in fome confpicuous PärJ; or Parts of the faid Court Houfe
or Court Houfes, Place or Places, wfeere the faid Commiffioners (hall
meet for the Purpofes aforefaid, io $m& all Perfoas. concerned may fee
and examine the famew X3ö£. And
47° G E O R G11 III.
Gap.
3
7
•
5%
XXV. And be it farther enaded, That no Attorney, Solicitor, Scri-
No
Attorney»
Vener, or any Perlon praftifing the Law, fhall be permitted to appear|^^ or
in^ the faid Court ofRequefts, as an Attorney, Solicitor, or Advocate praaiferof
for or on Behalf of any Plaintiff or Defendant or any other Perfon, or
the Law
to,
to be admitted to fpeak before the faid Court in any Caufe, A&ion, be Advocate.
or Matter, in which fuch Attorney, Solicitor, or Scrivener is not himfelf
a Party or.Witnefs.
XXVI. .And be it further ena&ed, That where any Debt {hall be due WhereDebts
and owing, or demanded from Two or more Perfons jointly, by reafon 5^e duefrom
or on account of fuch Perfons being Partners in Trade or otherwife p^ngjL0;^
jointly concerned, Service of fuch Summons as aforefaid on. any one of partner83fum-
fuch Partners or Perfons, or left for him, her, for them atfuch Place and moningone
in fuch Manner as is herein-before fpecified with refpeft to the Service °f *hem fuf"
of Summonfes, fhall be as good and fufficient as if each of fuch Partners
or Perfons were feparately fummoned as aforefaid.
XXVIL And be it further enafted, That the faid Commiflioners, or Cofnmiffion-
the major Part of them, at any General Meeting
thereof,
affembled ^smaymake
purfuant to Notice in Writing for that Purpofe to be given by One of-the
gfSÖf"
Clerk or Clerks, or his Deputy, to the faid Commiflioners for the Time Moncy.
being, the Number of Commiflioners then prefent not being lefs than
Seven, fhall and may, and they are hereby empowered and direfted to
make, ordain, and conflitute fuch Rules and Regulations äs tb.them
fhall feein meet, for fecuring the Balances and other Sums. of Money,
belonging-to the Suitors of the faid Court, in. the Hands of the Clerlo
or. Clerks of the faid
Courf,
or his or .their Deputy, which at any Time
from -and after the paffing of this A£t may be by^them or either or any of
them received, and for the due accounting for and Application of all.
füch Balances and other Sums ofMoney, and alfo for auditing the
Accotmts at lealt Once in every Year, and oftener if they fhall deerh
neceflary.
XXyilL And be it further enaöed,. That if any Perfori or Perfqns Penalty on
fliall Goriteniptuoiifly and wilfully infult or abufe all or\any of the faid"
^r.fons
VJ"
Commiflioners, or any of the Officers of the faid Court for the Time being
*cou"t^
&cf
cluring his or their Sitting or Attendance in or upon the faid Court,, or
in going to or returning from' the faid Court, or fhall interrupt or obftrufl:
the Proceedings of. the faid Court, or hinder or prevent, or threaten to
hinder or prevent, any of the Clerks or Serjeants in the lawful Executiqn
of their refpeftive Office or Offices; then,and in every fuch Cafe, it
fhall and;, may be lawful to and for the faid Commiflioners or Officers of
the faid Coitrt, or any of them, to apprehend or caufe to be apprehended,
fuch Perfon or Perfons, and to bring him, her, or them before the faid
Court,, if thfen fittiqg ;' and the faid Commiflioners fhall and may then
examine into fuch Infult, Abufe, or Mifbehavioür, either from their own
View or Knowledge of wh^t pafied, or by the Oath or Qaths of One or
more credible Wimefs ör Witnefles, which Oath or Oaths the faid Clerks
or their rdpeclive Deputies are hereby authorized to adminifler j and upon
fuch Infult, Abufe, or Misbehavioür being. duly prpved as aforefaid, k
fhall and "may be lawful .to and for the faid Commiflioners or the major
Part of them, anclvthey-are hereby authorize4 and empowered, to impofe
a Fine not exceeoing" Five Pounds for each and every fuch Offence,' on.
[Loc. iff'Per.y 7 E each
S'jo 47°GEORGIl IU. Cap. 37.
each and every fuch Offender or Öffcfiders ; and in cafe fach Fine änd thö
Cofts incidentä'l to the Apprehenfiön änd Cioiiviftion of fuch äffender of
Öffenders refpe&iveiy {hall not be iinmediately paid, it fhall be 'lawful
for the faid .Coinmiffionersy o? the major Part.pt them, by Warrant under
their Hands and Seals, either tö cauit the fame to be levied by Diftrefs
and Säle of the Öffenders Goo is, er to commit fuch Offender or Öffen-
ders,
or any or either of them, who fliall negleö: or r^fufe to pay the faid
Fine and Cofts as aforefaid, to the GomraoivGaol or Houfe of Corre&ion
for the Parts of
Holland
in the fäid County of
Lincoln,
for aüy Time not
exceeding the Space of Three Calendar Months, or until the faid Fine
and the Colts of and incident to the Conviäion of fuch Offender or
Offenders be paid ; and in »cafe the faid Court fhall not be fitting at the
Time of fuch Offence or Mifdemeaftor being comntitted, or fhail have
broken up before fuch Offendef or Offenders can be apprehended or
brought before the fäid Court5 fuch Perfon or Perfons fhall and may be
taken or carried before One or more Jufticeor Juftices of the Peace for the
Parts or Divifion of
Holland in
the County of
Lincoln,
and dealt with accord-
ing to the ProvifiönS öf the faid redied Act for enfotcing the Decrees and
Orders of the faid Coiftmiflioners., äiid preferving the faid CommiffionerSj
Clerks, and Officers frm Infuk and Abufe.
FormofCon- XXIX;. And be k further ena&ed, That in all Cafes where any Con*
viaion. vi£bbn (hall be had for any Offenc'e or Offences committed againft this A&,
the Form of Conviction fhall be in the Words or to the £fte£t following y
(that isto fay),
c ge it ;rememb,e'red, That on this Day of
< in the Year of the fteign of
c J. iL is cofiviöed before of His Majefty's
4 Juftices öf the PeaCe for the faid Hundred or Divifiotx
[or,
before the majof
€ Part öf thfe• CottxmiffionerJ this'Day*a&ing or fitting in the Court of
* Re^u'efts at, Spaldiftg or Holkeach, for the Recovery of Sinai 1 Debts
4 within the Hundred of Elke in the County of Lincoln, and Pärifhes of
4 Surfleet and Goßerton m the Hundred of Kirton in the faid County] of
4 üfaaving :[kr theÖffenteßyall be} : And I [or,
VJC]
the faid
•4 'do ädjudge |him, her, or, them] to forfeit and pay
* for the fame the' Silin of fuch Offence
4 feeing'contrary to the Provifions öf an Actmade in the Forty-feventh
4 Year of the Reigft of King
George
the Third, intitulfcd, [Here infert the
4 Title of
this
AB}. '£iv'eü üfrder my Hand and Seal [or, our Hands and
4 »Seals] the Day and Year aforefaid.^
Diftrefs
not
XXX. Äfod be it fürther ena&ed, That where any Diftrefs fhall be
MforWant made ^ör är,T ^utm °^ Möney to be levied by virtue of this Aä, the
of Form. Diftrefs itfelf fhall not be deerned unlawful nor the Party or Parties
raakäng the fame be deerned a Trefpaffer or Trefpaffers, on account of
aüy Defeot or Want 'öf Form in the Information, Summons, Conviöiion,
Warrant of Diftrefs, or other Proceedings relaiing thereto ; nor fnalll the
Ptärty or Parties diftraining be deerned a Trefpaffer or Trefpaffers ab, initio
on account of wy Irregularity which fhall be afterwards dpne by the
Party 'ör Parties fo diftraining ; but the Perfon or Perfons aggrieved by
fcicii li:reg6larfty, fliäll and may r füll Satisfaftion for the Special
jjafl&n^ Ä an Aftioh upon the Cafe,
XXXL. And
47*GEORGIl III. tffl^.37. 571
XXXt. And be it further ena&ed, That no AcHori or Suit ihall be Limitation of
Commcnced againft any Perfon or Perfons, for any Thing done in pur- Aftious.
fuänce of the faid recited Act, and of this Ad, or either of them, or on
account of any Order, Determination, Judgement, or Decree of any of
the faid Commiflioners, until Twenty«one Days Notice thereof fhall have
been given in Writing, to be left at the Office of one of the Clerks of
the faid Court, no* after fufficient Satisfa&ion or Tender thereof hath
been made to the Party or Parties aggrieved, nor after Six Calendar
Months next after the Cäufe of Aftion fhall have arifen ; and the I)e- Iflue.-
fendant or Defendants in fuch Aftions and Suits, and every, of them,
may plead the General IfTue, and give this A£t and the fpecial Matter
in Evidence at any Trial or Trials which fhall be had thereupon \ and
if the Piaintiffor Plaintiffs fhall be
•
nonfuited, or if a Verdiä or Judge-
ment Ihall be given for the Defendant or Defendants therein, then and
in either of the faid Cafes fuch Defendant or Defendants (hall have
Double Cofts, and (hall have fuch Remedy for recoyering the fame as DoubleCoft»,
any Defendant or Defendants may have for his, her, or their Cofts in
any Cafes by Law,
XXXII. Provided »lways, that the faid recited AÄ, and all Powers, aüdmfed
Provifoes, Claufes, Matters, and Things therein refpeftively contained, ^ ex£epl
fhall, fofaras and in fuch Cafes as the fame are not hereby altered, varied, ^pTalcd^or^
orrepealed, and are not repugnant to any of the Provifions of this Att, otherwife
continue and be in füll force, and extend to all and every Perfon and pr<>vlded for,
Perfons to whom this A& doth or fhall extend. e*ten*f*to
XXXIIL And be it further enafted, That this A£t fhall commence Commence-
andtake EffeQ: from and after the faid Firft Day ofjune One thoufand mentofthe
eight hundred and feven, and be deemed and taken tobe a Publick A&.
A£t, and fhall be jüdicially taken Nötice of as fuch by all Judges, Jüftices,
Publick
A&t
änd others, without being fpecially pleaded,
mm
LONDON: Printed by GEORGE EYRB and ANDREW STRAHAN,
Printers to the King's xnoft Excellent Majcfty. 4S07.
To continue reading
Request your trial