Page:Ruffhead - The Statutes at Large - vol 9.djvu/270

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220
C. 40.
Anno quarto Georgii III.
A.D. 1763.

whereas the Lighting in a proper Manner, the Streets, Lanes and other open Passages and Places, within the said Borough, would be of great Benefit and Safety to the Inhabitants thereof, as well 'as to all Persons resorting thereto ;' May it therefore 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 Assemebled and by the Authority of the same, Commisiioners appointed. That Sir Bryan Cooke Baronet, the Mayor of Doncaster for the time being, Richard Whitaker,Goerge Healy,Robert Copely,Anthony Wharton,William Dawson,John Cooke, Francis Laye, John Arthur, John Ellerker, Edmund Bower, Henry Farrer, William Ellerker, John Hawley, Benjamin Hague, John Silverwood, Francis Caley, William Heaton, Conrade Stiffel, John Turner, Charles Heme, Robert Ellis, John Healy, Henry Heaton, Thomas Smith,Matthew Sanderson, Thomas 'Jennings, William Bingley, James Graham, Thomas Tofield, Richard Walker, John Broughton, John Broughton junior, Thomas Heaton, John Hancock, William Patrick, John France, George Jarratt, John Jaques, Nathaniel Pearson, Philip Gill, Gervase Seaton, William Richard, George Halifax, John Watson, Solomon Holmes, John Whitaker, Robert Hudson, Richard Staveley, Thomas Pheasant, Richard Bowzer, Thomas Seaton, George Pearson, Thomas Rimington, William Pigot, William Dixon Cave, Thomas Gill, Francis Haworth, William Pheazant, Jofeph Collisson, Esquires and Gentlemen, shall be, and are hereby appointed Commissioners, to hear and determine all sush Matters of Debt as are hereafter mentioned :They are constituted a Court of Requests And the said Commissioners, and their Successors, are hereby constituted a Court of Justice, by the Name of The Court of Requests for the Borough and Soke of Doncaster in the County of York ; Three impowered to hold a Court on Thursday in every other Week. and they the said Commissioners, or any three or more of them, shall and are hereby impowered and required to meet and hold the said Court, on every other Thursday, or oftener, if there shall be Occasion, in the Guild Hall of the said Borough, or at any other convenient Place within the said Borough, to be appointed by the major Part of such of the Commissioners as shall be assembled at any such Meeting ; First Meetingand the first Meeting of the said Commissioners shall be held on the Thursday Fortnight next after the passing of this Act, Business of other Courts not to be impeeded by thier Meetingsbut so as the said Meetings shall not interrupt the Business at any Time to be done by or before his Majesty's Justices of the Peace, usually done, held or kept in the said Guildhall ; Powers and Business of this Court and the said Commissioners, or any three or more of them, from Time to Time assembled at such Courts, are hereby authorized and fully impowered to hear and determine all such Causes as are hereafter mentioned, and to give such Judgments, and to make such Orders and Decrees therein, and to award Execution thereupon with Costs, against the Body and Bodies, or against the Goods of all and every the Person and Persons against whom they shall give any such Judgment, or make any such Order or Decree, as to them shall seem just in Law or Equity ; Casting Vote, on Eqaulity, to lie in the Mayor, senior Alderman, or Comissoner who stands first uopn the List and if the Commissioners so assembled shall happen to be equally divided, upon any Question that may come before them, the Mayor of the Borough for the Time being, if present,or in his Absence the senior Alderman present, and if no Alderman is present, the Commissioner present, who stands first in the List of Commissioners to be hung up in the Court or Place where the Commissioners shall meet, shall have another and the casting Vote.

Method of electing new Comissioners.II. And be it further enacted by the Authority aforesaid, That, from time to time, on the Death or Refusal to act, of any or either of the Commissioners herein before particularly named, or of any or either of their Successors, to be elected in Manner herein after immediately mentioned, it shall be lawful for the surviving or remaining Commissioners, or the major Part of such of them as shall be present at a Meeting which is hereby directed to be held for that Purpose, within the Space of one Month next after such Decease, or Refusal to act, shall happen or be known, or as soon after as conveniently may be, to elect and appoint one other Commissioner, in the Stead of each such Commissioner so dying or refusing to act ; and every such Commissioner, so elected, shall be and is hereby enabled to act in the Execution of the Powers hereby granted to the Commissioners aforesaid, as fully and effectually, to all Intents and Purposes, as if he had been particularly named herein as a Commissioner ; but Notice in Writing, of the Time and Place of Meeting for every such Election, shall be given by the Clerk to the said Commissioners, by affixing the same upon the Market-House in the said Borough, at least ten Days before every such Meeting.

The order in which the Comissioners are to be summonedIII. And, to the end that no undue Preference maybe made and given in summoning the said Commissioners appointed, or to be appointed, in pursuance of this Act, to attend the said Court ; Be it further enacted by the Authority aforesaid, That the Serjeant of the said Court, for the Time being, to be nominated or elected as herein after mentioned, shall summon the Mayor and one Alderman, or two Aldermen together with four other Commissioners, beginning with the Mayor and one Alderman and four other Commissioners, who shall be first named in the List of Commissioners to be hung up in the said Court, to attend the said Court as Commissioners for two Weeks then next ensuing; and shall, once a Fortnight, summon the like Number of Commissioners, as they shall stand in Order and Rotation upon the said List.


Any Comissioner, tho not summoned, &c. may sit in the Court.IV. Provided always, that nothing herein contained shall extend, or be construed to extend, to exclude or debar any of the Commissioners for the Time being from sitting in the said Court, although such Commissioners shall not have been summoned, or stand in Rotation to be summoned ; but that such Commissioners, if they shall think fit so to do, shall and may sit, hear, determine, give Judgment, and make Orders and Decrees in the said Court; any thing herein before contained to the contrary thereof in any wise notwithstanding.
V. And