Kingsnorton and Northfield Small Debts Recovery Act 1840

JurisdictionUK Non-devolved
Citation1840 c. lxix
Year1840
ANNO TERTIO
VICTORLE REGIN.E
****************************************************
Cap.
lxix.
An Act for the more easy Recovery of Small Debts
within the Parishes of Kingsnorton and NortJifield
in the County of Worcester. [19th June 1840.]
W
HEREAS the Parishes of Kingsnorton and Northfield in
the County of Worcester are very populous, and are much
increasing in Population, and many Small Debts are con-
tracted within the said Parishes, amounting yearly to a large Sum of
Money in the whole; and although many of the Persons from whom
the same are owing, are well able to discharge their respective Debts
they often refuse to pay the same, and their respective Creditors are
obliged either to forego such Debts, or for the Recovery thereof to
incur an Expence sometimes exceeding and in all Cases dispropor-
tionate to the Sums in dispute : And whereas it would be of great
Parishes before mentioned if a
Advantage to the Inhabitants
more easy and less expensive Method of recovering Small Debts within
the said Parishes were provided and established by Authority of Par-
liament: May it therefore please Your Majesty that it may be enacted ;
and be it enacted by the Queen's most Excellent Majesty, by and
with the Advice and Consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the Au-
thority of the same, That the Judge and his Successors, to be appointed
as herein-after mentioned, shall be and they are hereby constituted
a Court of Justice for the Recovery of Small Debts within the
[Local'} 17 C Parishes
Constitution
and Style of
the Court.
1482
Judge of the
Court to be
appointed.
When and
where the
Courts shall
be holden.
3° VICTORIA, Cap.box.
Parishes aforesaid by the Name of " The Kingsnorton Court of
Requests."
II.
And be it enacted, That it shall be lawful for the Lord Chan-
cellor, Lord Keeper or Lords Commissioners of the Great Seal of
that Part of the United Kingdom of Great Britain and Ireland called
England, for the Time being, at any Time after the passing of this
Act, and from Time to Time, when and as any Judge to be appointed
under this Act shall die, resign, or be removed, to appoint any
Person who either shall have been called to the Bar, and shall have
practised as a Barrister for at least Seven Years, or who shall be an
Attorney of one of Her Majesty's Superior Courts of Common Law
at Westminster, and shall have been certified by Three or more
Judges of the said Superior Courts to the Lord Chancellor, Lord
Keeper or Lords Commissioners of the Great Seal for the Time
being, as a fit Person to be appointed to be Judge of the said Court;
and it shall be lawful for the Lord Chancellor, Lord Keeper or Lords
Commissioners of the Great Seal for the Time being, if he or they
shall think fit, to remove any Judge of the said Court for Mis-
behaviour, or upon a Petition to be preferred to him or them for
that Purpose by the Justices of the County of Worcester in Quarter
Sessions assembled, or by Three Justices of the said County, residing
within the Parishes or Places aforesaid, or either of them ; and every
such Judge shall be entitled to hold his Office during his good
Behaviour therein, or until he shall die, resign, or be so removed.
III.
And be it enacted, That the said Court shall be holden
under the Authority of this Act, at some convenient Place within
One of the Northfield
Times as the said Judge shall appoint, so that the Intervals between
the holding of any Two such Courts shall in no Case be more than
Two Calendar Months.
In case of
Illness, or
Absence the
Judge may-
appoint a
Deputy.
IV. And be it enacted, That in case of the Illness or unavoidable
Absence of the Judge of the said Court it shall be lawful for such
Judge to appoint some other Person, being a Barrister of Seven Years
standing, or an Attorney of one of Her Majesty's Superior Courts
who has has been in Practice for Seven Years at the least, to act as
his Deputy during such Illness or unavoidable Absence j and every
Person so appointed shall, during the Time for which he shall be
so appointed, have the same Power of deciding, determining, pro-
nouncing Judgment, making Orders, and issuing Executions in any
the said Court as the Judge by
whom he shall have been so appointed.
Actions brought before him in
Appointment
of Clerk and
otherOfficers.
V. And be it enacted, That the Justices of the said County
of Worcester in Quarter Sessions assembled shall from Time to
Time, with the Approbation of the Judge of the said Court for the
Time being, appoint some fit Person, being an Attorney of one of
Her Majesty's Superior Courts, to be Clerk of the said Court, who
shall not be the Judge nor the Partner of the Judge of the said Court;
and the said Justices may remove any such Clerk upon sufficient
Ground shown to them, to be allowed by the Lord Chancellor,
1 Lord

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