Small Debts, Middlesex Act 1749
| Jurisdiction | UK Non-devolved |
| Citation | 1749 c. 33 |
| Year | 1749 |
(23 Geo. 2) C A P. XXXIII.
'WHEREAS Sheriffs in their several County Courts hold Plea of all personal Actions where the Debt or Damages do not amount to forty Shillings: And whereas the Proceedings in the County Courts, in such Actions, have been found to be vexatious, expensive and dilatory:' For Remedy thereof in the County ofMiddlesex , and for the more easy and speedy Recovery of Small Debts within the said County; May it please your Majesty, that it may be enacted; and be it enacted by the King'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 Authority of the same, Thatfrom and after the twenty-fourth Day ofJune one thousand seven hundred and fifty, it shall and may be lawful to and for the Suitors of the County Court of Middlesex , together with the County Clerk of the said County in County Court assembled, or the major Part of them the said County Clerk and Suitors so assembled, upon any Plaint to be entered in the said County Court in any Suit where the Debt or Damages shall not amount to the Sum of forty Shillings, to proceed in a summary Way, and from time to time to make such Order or Decree, Orders or Decrees, as shall seem to them, or the major Part of them so assembled, to be just and agreeable to Equity and good Conscience; and for the better Discovery of the Truth,and more speedy obtaining the End of such Suits, be it further enacted by the Authority aforesaid, That it shall and may be lawful for the said Suitors and County Clerk in the County Court aforesaid, to examine the Plaintiff or Plaintiffs, Defendant or Defendants, and their Witnesses,viva voce , upon their several corporal Oaths.
II Times and Places appointed for holding the County Court.
II. And be it enacted by the Authority aforesaid, that from and after the said twenty-fourth Day ofJune , it shall and may be lawful for the Sheriff of Middlesex , by his County Clerk, to hold his County Court, for the Proceeding in Pursuance of and under the Authority of this Act, on Thursday in every Week, at some convenient Place, within the Hundred of Ossulston in the County of Middlesex , and on the first Tuesday in every Month, at some convenient Place within the Hundreds of Isleworth or Elthorne , and on the last Tuesday in every Month, at some convenient Place within the Hundred of Edmonton ; provided always, That the monthly Court of the said Sheriff shall nevertheless be held and kept as has been accustomed.
III Who shall be deemed Suitors.
III. And be it enacted by the Authority aforesaid, That such Persons, and such Persons only, shall be deemed and taken to be Suitors of the said County Court to be held by and under the Authority of this Act, as are qualified to serve on Justices on Trials atNisi Prius in the Courts of King's Bench , Common Pleas and Exchequer at Westminster , by virtue of the Laws in Being.
IV No Plaints or Orders of the Court, may be removed; except Plaints in Replevin.
IV. And be it enacted by the Authority aforesaid, That from and after the said twenty-fourth Day ofJune , no Plaint to be entered in the said County Court, as aforesaid, nor any Order or Orders or other Proceedings to be had thereupon by virtue of this Act, shall be removed out of the said Court by any Writ of Recordari facias Loquelam, Certiorari , or false Judgment, or otherwise howsoever; but such Order or Orders so to be made by the said Suitors and County Clerk shall be final and conclusive to all Parties whatsoever; provided nevertheless, That all Plaints in Replevin shall be proceeded in, and removeable in the same Manner, as if this Act had not been made; provided also, That no Person or Personsshall be liable to be summoned to the said County Court at the Suit of any Plaintiff or Plaintiffs, other than such Person or Persons as was or were liable to be summoned to the County Court ofMiddlesex , before this Act was made, and that this Act shall not extend to give the said County Court any Jurisdiction to hold Plea of, or to hear or determine any Action, Cause or Suit, other than such Action, Cause or Suit, as the County Court of Middlesex might have held Plea of by Plaint before the making of this Act.
V Parties not conforming, amy be committed.
V. And be it enacted by the Authority aforesaid, That from and after the said twenty-fourth Day ofJune , after any Plaint shall have been entered as aforesaid, and the Defendant or Defendants shall have been duly summoned, and either the Plaintiff or Plaintiffs in the said Plaint named, or the Defendant or Defendants shall neglect or refuse to abide by and perform such Order or Orders, as the said Suitors and County Clerk shall, from time to time, make, pronounce and set down in Writing; then it shall and may be lawful to and for the County Clerk for the time being, by Warrant in Writing under his Seal, to commit such Plaintiff or Plaintiffs, Defendant or Defendants, to the County Gaol of the said County, or any other common Gaol within the said County, there to remain for the Space of three Calendar Months, or any shorter Space of Time, at the Discretion of the said Suitors and County Clerk; provided nevertheless, that if the Person or Persons so committed shall, before the Expiration of the Time for which he, she or they shall be committed, perform such Order or Orders, then he, she or they shall forthwith be discharged.
VI Where an Order for Payment of Money shall be made, the County Clerk may issue a Precept for levying.
VI. And be it enacted by the Authority aforesaid, That in any Case where the said Suitors and County Clerk shall have made any Order or Decree for the Payment of Money, it shall and may be lawful for the said County Clerk, at the Prayer of the Party prosecuting such Order or Decree, to issue a Precept under his Seal in the Nature of a Writ ofFieri Facias , which Precept shall be directed to one of the Bailiffs attending the said Court, who is hereby authorized to levy the Sum or Sums of Money mentioned in such Precept...
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