The Statutes at Large (Ruffhead)/Volume 9/Doncaster: Small Debts, Lighting, etc. Act 1763

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CAP. XL.

An Act for the more easy and speedy Recovery of small Debts within the Borough and Soke of Doncaster, in the County of York ; and for Lighting the Streets, Lanes, and other open Passages and Places, within the said Borough.

'WHERE AS the Borough of Doncaster in the County of York, is large and populous, has Preamble, a navigable River, and is a great Thoroughfare between the South and Northern Parts of this Kingdom, by Means whereof a considerable Trade is carried on in the said Borough and Soke thereof : And whereas there are many Persons to whom the Traders of the said Borough and Soke are obliged to give Credit for small Sums of Money, who frequently refuse although able to pay the fame, presuming on the Discouragements which Creditors lie under, from the Expence which they are unavoidably put to, and the Delays they meet with in suing for such Debts : And whereas a more easy and speedy Method of recovering small Debts, within the said Borough and Soke, would greatly tend to promote Industry, and support useful Credit therein : And 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.

Comissoners to take the following Oath;And be it further enacted by the Authority aforesaid, That no Person shall be capable of acting as a Commissioner, in the Execution of this Act, until he shall have taken an Oath to the Effect following ; that is to say,

'I A. B. do swear, That I will faithfully, impartially and honestly, according to the best of my Judgment, hear and determine such Matters and Things as shall be brought before me, by virtue of An Act of Parliament, intituled, An Act for the more easy and speedy recovery of small Debts within the Borough and Soke of Doncaster, in the County of York ; and for lighting the Streets, Lanes, and other open Passages and Places, within the said Borough, without Favour, Affection, or Prejudice to either Party.'

To be administered by the Clerk, and registered. Which Oath the Clerk of the said Court, or any of the Commissioners who shall have taken such To be administered By Oath, is hereby impowered and required to administer in open Court; and a Memorial thereof shall therof shall be entered in the Registers of the said Court, by the said Clerk.

Richard Shepherd constitued Clerk of the Court;VI. And be it further enacted by the Authority aforesaid, That Richard Shepherd, the Town Clerk of the said Borough, and the Town Clerk of the said Borough for the Time being, shall be, and is hereby constituted and appointed Clerk of the said Court of Requests, during his good Behahaviour in the said Office ;with Power to appoint a Deputy. and shall have Power and Authority, from time to time, to appoint a with Power to anoint Deputy ; which said Clerk, or his Deputy, are hereby impowered and required to issue out all Summonses, Warrants and Precepts, and to register all Orders, Decrees and Judgments of the said Court, and shall enter and register, or cause to be entered and registered, in proper Books to be provided by him, and kept for that Purpose, all the Acts and Proceedings of the said Court.

Sejants at Mace appointed Serjants at the CourtVII. And be it further enacted by the Authority aforesaid, That the Serjeants at Mace, of the said Borough for the Time being, shall be and are hereby constituted and appointed Serjeants of the the faid Court of Requests, during their good Behaviour, for the serving of Summonses, and executing such Orders, Warrants and Precepts, and doing and performing such other Acts, Matters and Things, as are herein appointed to be done by them.

Creditors may sue for any Debt under 40s. in the said Court.VIII. And be it further enacted by the Authority aforesaid, That from and after the passing of this Act, it shall and may be lawful to and for any Person or Persons whatsoever, who now hath, have, or hereafter shall have, any Debt or Debts under the Value of forty Shillings, due or owing, or belonging unto him, her or them, in his, her or their own Rights, or as Executor, Administrator, Guardian or Trustee, to any other Person or Persons, by or from any other Person or Persons whatsoever, inhabiting or residing within the said Borough and Soke, or using or frequenting the Markets thereof, or usually buying or selling, or seeking a Livelihood therein, or sailing or navigating to or from the said Town, to apply to the Clerk of the Court for the Time being, or his Deputy, who shall immediately make out and deliver to one of the Serjeants of the said Court for the Time being (who is and are hereby authorized and required to execute all Warrants, Precepts and Processes of the said Court of Requests) a Summons in Writing, under his hand, directed to such Debtor or Debtors, expressing the Sum demanded of him, her or them, the Party demanding and requiring him, her or them, to appear at a certain Time and Place, to be mentioned in such Summons, before the Commissioners of the said Court, to answer such Complaint :And on Application to the Clerk who shall summon the Debtor And such Serjeant shall forth with cause such Summons to be served on such Debtor or Debtors, either personally, or by leaving the Clerk, who shall the same at the Dwelling House, Lodging, Place of abode, Shop, Shed, Stall, Stand, or other summon the Debtor, Place of Dealing, Trading or Working of such Debtor or Debtors, being within the Limits of the said Borough and Soke, with his, her or their Servant, or other Person belonging to him, her or them; and that, upon Proof made, that such Summons hath been duly served, the said Commissioners, or any three or more of them, assembled in Court, being a Majority of such Court, are hereby impowered and required to make due Enquiry concerning such Demands or Plaints, and make such Orders and Decrees therein, and pass such final Judgment or Sentence thereupon, and award Costs of Suit, as to them shall seem most agreeable to Equity and good Conscience :and on Proof of Service of the Summons, the Comissioners are to enquire into the Demand and pass final judgment thereupon: And, for the better and Discovery of the Truth, and more solemn Determination of Matters and Causes which shall be depending in the said Court, it shall be lawful for the said Commissioners, or any three or more of them, assembled in Court, and they are hereby impowered to administer, or cause to be administer , an Oath or Oaths to either of the said Parties, willing to be examined touching the Matters thereupon: And may adminster an Oath to Witnesses and Officers then in Question, and to such Witness or Witnesses as shall be produced by each Party, and to And may administer an the Officers of the said Court, and also to any other Person or Persons, whose Evidence shall seem necessary towards the hearing or determining any of the said Causes, or making any Order or Decree therein, or for any other Purposes requisite to the Execution of this Act.

Debtor not appearing, Court may hear the Cause on the part of the Plaintiff, and pass Judgment theron with Costs.IX. And be it further enacted by the Authority aforesaid, That if such Debtor or Debtors, who Debtor not appearing, shall have been duly summoned as aforesaid, shall not appear before such Court, at the Time and Place mentioned in the said Summons, then it shall and may be lawful to and for the said Commissoners, or any three or more of them so assembled, being a Majority of the said Court, after due Proof made, upon Oath, of the Service of the said Summons, in Manner aforesaid, to hear the with Costs, Cause on the Part of the Plaintiff or Plaintiff's only, and to make such Order, Decree or Judgment, and to award reasonable Costs of Suit, as to them shall seem most agreeable to Equity and good Consience.

222 Plaintiff not appearing, or being nonfuited, Cofts to be awarded to the Defendant. Upon Order for Pay- ment of Money, Execu- tion is to be awarded againft the Body or Goods of the Party, C. 40. Anno quarto Georgii III. A. D. 1763. Confinement on Execu- tion not to exceed three Months, If the Execution be pre Tented, or evaded, the Court may award another. Upon the firft Default of Payment, the Court may award Execution for the whole Debt with further Coils. Debt and Cofts to be ynarked on the Back of the Precept. On paying in the fame to the Clerk, before Exe- cution takes Effect, with the Fee due to Offi- cers, &c, , Execution is to be fuper«  ieded. Attornies and Solicitors not exempted. Officer neglecting his Duty, liable to pay the P»bt, X. And be it further enacted by the Authority aforefaid, That if upon the Day of Return of the Summons, or at any Continuation or Adjournment of the faid Court, the Plaintiff or Plaintiffs fhall not appear, or appearing {hall not make Proof of his, her or their Demand, to the Satisfac- tion of the Court, but become nonfuitcd, it (hall and may be lawful to and for the faid Commif- fioners, or any three or more of them, being a Majority of the faid Court, to award to the Defcn-, dant or Defendants reasonable Cofts ; and to order and oblige the Plaintiff or Plaintiffs to pay the fame, by fuch Ways and Means as are herein provided for the Recovery of Debts, ordered and de- creed by the faid Court. XI. And be it further enacted by the Authority aforefaid, That in any Cafe where the faid Com- miffioners, or any three or more of them as aforefaid, fhall have made any Order or Decree for the Payment of Money, it {hall and may be lawful to and for the laid Commiilioners, or any three or more of them, being a Majority of the faid Court, to award Execution either againft the Body or Goods of the Party againft whom fuch Order or Decree (ball be made ; and thereupon it fhall and may be lawful for the Clerk of the laid Court, at the Prayer of the Party profecuting fuch Order or Decree for the Payment of Money, to iffue a Precept under his Hand and Seal, by way of Capias aafatisfaciendum, or Fieri facias, to one of the Serjeants of the faid Court, who by Virtue of any fuch Precept, iliued upon Execution awarded againft the Body of fuch Party, fhall and may, and is hereby irnpowered to take fuch Party, being within the faid Borough and Soke, and carry him, her or them, to the common Gaol or Prifon for the faid Borough and Soke, there to remain until, he, flie or they fhall perform and obey fuch Order, Decree or Judgment; fo as no Perfon fnall re-, main in Confinement, upon any fuch Execution, for a longer Space than three Calendar Months. And fuch Serjeant, by Virtue of any fuch Precept, iffued upon Execution awarded againft the Goods of any fuch Party, fhall and may, and is hereby irnpowered to levy, by Diftrefs and Sale of the Goods of fuch Party, being within the faid Borough and Soke, fuch Sum or Sums of Money, ■and Cofts, as fhall be fo ordered, decreed and adjudged. And if the Party, againft whofe Body or Goods any fuch Execution fhall be awarded, and Procefs thereupon fhall iffue, fhall by abfeond- ing, or by fecreting or removing his, her or their Goods, or by any other Means prevent or evade the Service or Effect of any fuch Execution, it fhall and may be lawful to and for the faid Com- miilioners, or any three or more of them, affembled in fuch Court, being a Majority of the faid Court, upon due Proof thereof made to them, by the Oath or Oaths of one or more credible Wit- nefs or Witneffes, at their Difcretion to award Execution either againft the Body or Goods of fuch Party; and Procefs fhall iffue thereupon, and be ferved by one of the Serjeants of the faid Court, in Manner aforefaid, until the Plaintiff or Plaintiffs fhall be fully paid and f atisfied. And in cale the faid Court fhall, at any Time, upon the Requeft, and for the Eafe and Convenience of the De- fendant or Defendants, order, decree or adjudge a Debt due to the Plaintiff or Plaintiffs, to be paid by feveral Payments; then upon the firft Default or Failure of any of the faid Payments fo- ordered^ decreed and adjudged, the faid Commiffioners, or any three or more of them, affembled in fuch Court, being a Majority of the faid Court, fhall and may, at the Inftance of the Plaintiff or Plaintiffs, and upon due Proof of the faid Default or Failure, award Execution for the Whole Debt, or fuch Part thereof as fhall then remain unpaid, together with fuch further Cofts as to them {hall feem reafonable, to be recovered by the fame Methods and Means as are herein provided for the Recovery of the Debt and Cofts firft decreed; the former Order, Decree or Judgment to the contrary notwithftanding. XII. And be it further enacted by the Authority aforefaid, That upon every Precept to be iffued upon Execution awarded againft the Body or Goods of any Perfon or Perfons, the Clerk of the faid Court fhall indorfe, or caufe to be indorfed, the Sum or Sums, and Cofts, fo ordered, decreed or adjudged : And if the Party or Parties againft whom fuch Execution fhall be awarded refpectively, fhall before any actual Sale of the Goods, or before he, fhe or they is or are apprehended, or before the Expiration of the Term of his, her or their Imprifonment, pay or caufe to be paid, or tendered unto the Clerk of the faid Court, fuch Sum or Sums, and Cofts, together with one Shilling, as a Reward for his Trouble in receiving and paying over the feid Debt and Cofts, and entering Ac- knowledgment of Satisfaction in full for the Sum ; and alfo the Sum of two Shillings and fix Pence for Gaol Fees, (in cafe fuch Perfon or Perfons fhall have been committed to Prifon) ; then and in any fuch Cafe, the Execution fhall be fuperfeded, and the Body or Goods of the faid Party or Parr, ties fhall be difcharged and fet at Liberty. XIII. And be it further enacted by the Authority aforefaid, That no Privilege, or pretended Privilege, fhall be allowed to exempt any Perfon liable to be fummoned by virtue of this Act, from the Jurifdiciion of the faid Court of Requefts, on account of his being a fworn Attorney, or Soli-, citor of any of the Courts at Weftminjler y or of any oth r Court whatfoever. XIV. And be it further enacted by the Authority aforefaid, That if the Serjeant of the faid Court, who fhall be imployed to ferve an Execution, fhall by wilful or notorious Neglect or Con- nivance, caufe or fufter the Party againft whom fuch Execution fhall be awarded, to efcape op abfeond, or the Goods of fuch Party to be carried, away or fecreted, fo that fuch Execution fhall not have its due Effect, it fhall and may be lawful to and for the faid Commiffioners, or any three or more of them affembled at any fuch Court, being a Majority of the faid Court, upon Com- plaint made, and due Proof thereof, upon the Oath or Oaths of one or more credible Witnefs of Witneffes, to order fuch Serjeant to pay the Sum or Sums of Money for which the faid Execution W33 3 A. D. 1763. Anno quarto Georgii III. C. 40. 223 was awarded, to the Party complaining ; and to inforce the Payment thereof, by the fame Methods and Means as are herein provided for the Recovery of other Debts. XV. And be it further enacted by the Authority aforefaid, That the feveral Fees hereafter limited Fees allowed to the Clerk and expreiTed, and no other, (hall be taken by the faid Clerk and Serjeants, for their feveral and and s «J e ants. refpective Services, in the Execution of this Ac~t ; that is to fay, £. f. d. For iffuing every Summons, to the Clerk, » ■ . . . , 006 For Service of every Summons in the Town, and attending the Court with Return, 7 to the Serjeants,———-— ■■ j 3 And for Service of every Summons out of the Town, and within the Soke, and at- 5 , tending the Court with Return, to the Serjeants, — — — £000 For entering the Caufe, to the Clerk, ; — — — 003 For every Hearing, to the Clerk,' ■ ,— ■ • 003 For every Order, to the Clerk, . ' 003 For entering every Order and making, to the Clerk, ; . . 003 For Service of every Order againft a Party (in Town) not in Court, and attending! with Return, to the Serjeants, . t ° ° 3 For Ditto, out of Town, and within the Soke, 006 For a Nonfuit on the Plaintiff's not appearing, to the Clerk, 002 For an Attachment againft the Defendant for not appearing, to the Clerk, • ■ 006 To the Serjeants, for Service thereof in Town, , 003 For Ditto, out of Town, and within the Soke, ■-.,- . o 6 For acknowledging Satisfaction thereof, to the Clerk, ■ o o ' 4 For an Execution, to the Clerk, , : l o To the Serjeants, for Service thereof in Town, . . 003 For Ditto, out of Town, and within the Soke, oo<i For a Subpoena, to the Clerk,' , . 003 To the Serjeants, for Service thereof in Town, ■ . ,. o o z For Ditto, out of Town, and within the Soke, 006 For paying Money into Court, to the Clerk, - 006 For every Search of the Books, to the Clerk, - 002. W wnfnil^s pfnoAw' /TV" 15 to £ me » be hu »S "P ^ the Clerk of the faid Court, in A Table thereof to be XpXs X ftall atten f ?h?f -fr" ° r P H e where the Md Commiffioncrs (hall meet, fo that h -s u P in the Court. YV LTlJlff I t d j ( T° Urt ma y fee a ^ d read the feme. Court fofthe Time beinT nfS F. Y ^ Authorit / aforefaid, That if the faid Clerk of the faid Penalty of demanding or or anv of them Tdl lowing lb f D , e P ut ^ or the Serjeants of the faid Court for the Time being, ^ ^ter or. other memionl^uTon SomplainT'S ^P^ofTeloT 7 *"*% "<?*!" ^ °^ ^ ** V h ™ dible Witnefs or Witneffes, made in ooen Co rt £ fTr °# h 0r ° athS ° f T ° r m °'" e "^ them heino- a M- inr-itv n f rul f -j r> P „°f' the fald Commiffioners, or any three or more of o rim to S S fuch Offi. 5 FT' flla11 and are hereb y rec 1 uired and impowered, from time to time, to puniin inch Offender by Fine, not exceeding forty Shillings, nor left than ten Shil- not excKdin S 4os. no* telTuX^Sn 2 ndS oWfS clnnff 1 *« 0fa ^' ^oj Jf h Sll!X * -, «* and Soke fo the Tim blinT^t'l "l^TrK^l be paid to the Mayor of the faid Borough, IfcJ r I M u S l n ,. by hlm attributed amongft the Poor of the faid Borough and aoke, in fuch Manner as he lhall thnk fir • anH if .),» n 1 c • . c , r - V » or either of them for the TJmi K»" tu u Z •? Llerk or Ser Jeants of the faid Court, or any Clerk or Serjeants gui!^ freauen lv taking o d™In g ' &al h % SUl1 ^ ° f *"? noxious Mifbehaviour, either by °f notorious Milbeha- oflheir ^rfoSiveOffirT, S g r 5? ter ".^er Fees as aforefaid, or otherwife, in the' Execution ™"> of hem £1 in oofn Court P hP, ° mp aU,t ^^ ^ H d Commiffioners, or any three or more Court m, y i nquire int0 (lor'p;!' f !! r ' hear and enquire into the Matter of the faid Mifbehaviour, by the the ft™, J certify «f tV r -V r T- e ? c m ° re C ^ d,bIe W| tnefs or Witneffes, and fhall, if they, bein» a Majority the p *»'cular S to the o the faid Court, think fit certify the Particulars of the faid Mifoehav bur, with the Proofs d? e- Ma 'V h ° ««» <«*■ of, unto the Mayor of the fa.d Borough for the Time being, who thai] the eupon caufe a 1 the f d T ' ^""^ M T"& fcSfc rTlWXT ^T " a 'Ttr T '^ and P1 - and ^ lay theTame be" &" "* Lri™ Zt! aflemblcd purfuant to fuch Summons, who (hall take the fame into Con- or-c Sts tS' ( : dln S to their- Diicretion, fufpend or remove the faid Cleric, or Serjeant Sher or oSef fif an ^Ip %Tr ^ ^ r^ ^ 0&C f ° r ° fficeS ' a " d » omi » ale a » d a PP°^ ^ thePhc^ "and S^ nf h erf ° n or r Perfons ' J exerdfe ^e faid Office or Offices refpettivcly, in. me riace ana stead ot him or them fo removed. of t^fdtf Court ferft^ ^ "t^'T^ aforefaid < That if a "y °f the Commiffioners.A Com.imor.er i„ te . Ie ffirl t inr, r, Jh V r n mC n bein F« fca11 be Part y t0 ' or '"terefted in, any Caufe depending in '«"»" » »y Caufe de rmimr^ the 'w (^f " ^ " 0t be ca P able of a<ai "S as a Commiffioner, in the heaLg or* ^'1*' '" ° wkhd ' ; eT in g t f r r V° r ,, makl ^ any Order, Decree, or Judgment therein, but after being f"c "'■ ^ " heard m the faid Caufe, fhall withdraw until the fame is finally determined 5 and if the Cle k o°r * ^ " d "" r to withdraw.' . till . ' is determined:^ other. 224 C. 40. Anno quarto Georgii III. A. D. 1763. Ami-Officer being inte- other Officer of the faid Court for the Time being, fhall be a Party to, or interefted in, any Caufe refted, the Court is to depending in the faid Court, fuch Clerk, or other Officer, fhall not exercife his faid Office in the iHttwwm^. " ^d'Cftufe, or any Thing relating thereto-, but the faid Comtniffioners, or any three or more of pio emp 1 . tneiT , 5 afl'embled at fuch Court, being a Majority of the faid Court, fhall and may appoint another Perfon to exercife the Office of fuch Clerk, or other Officer refpectively, in all Things relating to fuch Caufe. XVIII. And for the more effectual Eftablifhment of the faid Court, and that the Commiffioners thereof may be veiled with a proper Authority, and be free and exempt from Infult and Abufe, Be l'erfons infulting the it enacted by the Authority aforefaid, That if any Perfon or Perfons fhall contemptuoufly and wil- C0U Me Vh b' e flt h DS ' t ful!y in( " LlItor abufe a " or an y of the Commiffioners, or other Officers of the faid Court, for the going to^r'fconj'thi Time being, during their fitting in the faid Court, or going to or from the faid Court, or fh'all in- fame, or inteirupting the terrupt or obftruct the Proceedings of the faid Court, it (hall and may be lawful for the Serjeant or Proceedings, Serjeants of the faid Court, with or without the Affiftance of any other Perfon or Perfons, by Order of the faid Commiffioners, or any three or more of them, being a Majority of the faid Court, to take fuch Offender or' Offenders into Cuftody, and carry him, her or them, before the Mayor, may be puniiTied by Fine or any other JufHce or Juftices of the Peace for the faid Borough and Soke ; and upon the Infult, or Impriicmment. Abufe, or other Mifbehaviour as aforefaid, being duly proved by the Oath or Oaths of one or more credible Witnefs or Witneffes, the faid Mayor, Juftice or Juftices, fhall punifh every fuch Of- fender, either by Fine, not exceeding forty Shillings, nor under five Shillings, upon any one Per- fon, for any one Offence, to be levied by Diftrefs and Sale of the Goods of fuch Offender, or Im- prisonment in the Gaol or Prifon of the faid Borough and Soke, for any Space of Time not ex- Whers Fine cannot be ceeding two Months : And where the faid Mayor or Juftices fhail have impofed a Fine upon fuch ifommituf ° det 1S C ° be ° ffend . er > and thcre ft 311 not be found Efficient Goods of fuch Offender, whereupon fuch Fine can be levied, the laid Mayor, Juftice or Juftices, fhall and may, by Warrant under his or their Hand and Seal, or Hands and Seals, commit the faid Offender to the Gaol or Prifon of the faid Town, Application of the Fines, there to remain for any Space of Time not exceeding two Months : And all fuch Fines as aforefaid fhall, when raifed or levied, be paid and applied in like Manner as the Fines herein before-men- Copyof thisClaufe to be tioned are directed to be paid and applied ; and the faid Clerk of the faid Court for the Time being fixed up in the Court, ft^ from time tQ timCj caufe a true Copy of this ciaufe to be fixed up in the faid Court, or Place where the faid Commiffioners fhall meet, in fome confpicuous Part thereof, where the Per- fons reforting to the faid Court may fee and read the fame. ^«bTint r h°Coart'° a "r e XIXl And be k further enacted by the Authority aforefaid, That no Action or Suit for any no" to be brought in any P.e^t, not amounting to the Value of forty Shillings, and recoverable by virtue of this Act in the other. laid Court of Requefts, fhall be brought againft any Perfon or Perfons in any other Court whatfo- eyer, and concerning which any Order, Decree or Judgment, fhall have been before made or given in the faid Court of Requefts, fuch Order, Decree or Judgment, being pleaded or given in Evidence, on the General Iffue of fuch Action or Suit, fhall, as to the Matters contained t.ierein, The Regiflers of the be an effectual Bar to the Plaintiff or Plaintiff's in fuch Action or Suit; and the Regifters or Books rtTreoV^eem^le'al of Entr y of the faid Court > or true Copies, attefted under the Hand of the Clerk of the faid Court Evidence. ^ °^ Requefts for the Time being, and proved by the Oath or Oaths of one or more credible Wit- nefs or Witneffes, fhall be deemed legal Evidence of the Acts and Proceedings of the faid Court of Proceedings, &c. not to Requefts ; and no Suit which fhall be commenced in the faid Court of Requefts, in purfuance of this Act, nor any Proceedings therein, fhall or may be removed into any fuperior Court ; but the fame fhall be final and conclufive to all Intents and Purpofes. &" nofwok nl* XXl Provided always, and be it enacted by the Authority aforefaid, That this Act, or any Court." ' uaoemtlls Thing herein contained, fhall not extend to any Debt for Rent, upon any Leafe or Contract, where the Title of any Lands, Tenements or Hereditaments, can or may come in Queftionj nor to any Debt, Matter or Thing, that fhall or may arife upon, or in any wife relate to or concern any Caufe of Teftament, or Matrimony, or any Thing concerning or properly belonging to the Ecclefiaftica] Courts ; nor for any Debt for any Money or Thing won at or by means of any Horfe Race, Cock Match, Wager, or any Kind of Gaming or Play ; nor for any Forfeiture upon any penal Statute or By-law; nor to any Debt whereof there has not been a Contract, Acknowledg- ment, Undertaking, or Promife, to pay, within fix Years before the taking out the Summons, al- though the fame fhall be under the Value of forty Shillings. Penalty of wilful and XXI. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons, ill corrupt erjuiy. making Oath or giving Evidence in any Caufe or Matter depending in the faid Court of Requefts, purfuant to this Act, fhall commit wilful and corrupt Perjury, fuch Perfon or Perfons being duly convicted thereof according to Law, fhall incur and fuffer fuch Pains and Penalties, as any other Perfon or Perfons convicted of wilful and corrupt Perjury is, are, or fhall be fubject and liable to, by the Laws and Statutes of this Realm. Keepers of xhe common XXIL A d be ■ f urth er enacted by the Authority aforefaid, That the refpe£rive Keepers, for Gaol are to receive and , ™-,. ,. ., _ ■, ' *_, ,-. . . '. '„ „ ,, r f j keep in fate Cuftody, &c. 'be lime being, ot the common Gaol or rnfon within the laid i own, lharl, and they are hereoy lill Perfons committed by required to receive and take into their Cuftody, refpectively, all and every Perfon and Perfons who Order of the Court; fhall be committed, or ordered to ftand committed, by any three or more of the faid Commiffioners prefent in Court, being the Majority of fuch Court, or by virtue of any Warrant, Attachment, Execution, or other Procefs, iffuing out of the faid Court of Requefts; and in cafe the Keeper of the faid Gaol or Prifon refpectively, fhall neglect or refufe to receive and take into his Cuftody any Perfon or Perfons committed by virtue of this Act; or fhall, before the Expiration of the Time for A. D. 1763. Anno quarto Georgi 1 III. C. 40. 225 for which any Perfon or Perfons fhall be committed to his Cuftody, difcharge fuch Perfon or Per- fons out of his Cuftody, or wilfully fuffer fuch Perfon or Perfons to go at large, without a Warrant or Order for that Purpofe, in Writing, figned in Court by three or more of the faid Commiffio- ners, being a Majority of the faid Commiffioners prefent; fuch Keeper refpectively offending in on Penalty of forfeiiing either of the faid Cafes, and being thereof convicted before any one or more of his Majefly's Ju- not exceeding 5!, nor ftices of the Peace for the faid Borough and Soke, upon the Oath of one or more credible Witnefs left than 40s. or Witneffes, or upon his own Confeffion, (hall forfeit and pay, for every fuch Offence, a Sum not exceeding five Pounds, nor lefs than forty Shillings of lawful Money of Great Britain, at the Difcretion of fuch Juftice or Juftices; and fuch Sum fhall be immediately paid, by the Perfon fo offending, into the Hands of the Juftice before whom fuch Offender fhall be convicted; or in De- to be levied by Diftrefs fault thereof, fhall be levied by Diftrefs and Sale of the Offender's Goods, by Warrant under the and Sale of the Often- Hand and Seal of fuch Juftice, rendering the Overplus (if any be) to fuch Offender, the Charges dersGoods ' of fuch Diftrefs and Sale being thereout firft deducted ; which Forfeiture, when paid or levied, fhall and to be paid and a P - be immediately paid and applied in like Manner as the Fines herein before-mentioned are directed plied as other Fines. to be paid and applied. ■ . XXIII. And be it further enacted by the Authority aforefaid, That no Attorney of any Court Ho Attorney to fpeak of Record fhall be admitted to appear in the faid Court of Requefts, as Attorney or Advocate in Be- in the Court, where ha half of any Plaintiff or Defendant, or be admitted to fpeak in any Caufe or Matter before the faid is not a Party or Wimeft Court, in which fuch Attorney is not himfelf a Party or Witnefs, under a Penalty of twenty Pounds, on PenaItv of 20 '• to be levied and applied as above mentioned, with refpect to Keepers of the faid Gaol or Prifon ; nor fhall any fuch Attorney act as a Commiflioner in the faid Court of Requefts ; any Thing herein nor to act as a Commiffi- before contained to the contrary notwithftanding. oner. XXIV. And be it further enacted by the Authority aforefaid, That in cafe any Perfon or Per- witnefs duly fummoned fons, refiding within the faid Borough and Soke, fhall be duly ferved with a Subpoena or Sum- refufing .to appear and mons, to be iffued by the Clerk of the faid Court of Requefts, at a Time and Place in fuch Sub- gi»e Evidence, poena or Summons mentioned, to give Evidence on Behalf of any Plaintiff or Defendant, and fhall neglect or refufe to appear, purfuant to fuch Subpoena or Summons ; and due Proof being made of the Service of fuch Subpoena or Summons, and no Caufe of Abfence being fhewn to the Satisfaction of the Commiffioners prefent at the Court to which fuch Perfon fhall be, by fuch Subpoena or Summons required to appear ; and Oath being made before the fame Commiffioners, by the Party or Parties at whofe Inftance or on whofe Behalf, fuch Subpoena or Summons iffued, that the Per- fon or Perfons ferved therewith, was or were a material Witnefs or Witneffes for fuch Party or Parties; it fhall and may be lawful to and for the faid Commiffioners, or any three or more of may befined not d _ them, affembled in fuch Court, and being a Majority of them, to impofe a Fine not exceeding fifty i ng 50S , nor lefs "than " 'Shillings, nor lefs than five Shillings; to be levied by Diftrefs and Sale of the Offender's Goods, by 5s. Warrant under the Hands and Seals of the faid Commiffioners, or any three or more of them, ren- t0 be levied b y Diftrefs dering the Overplus (if any) to fuch Offender, the Charges of fuch Diftrefs and Sale being firft de- = nd ^ o ° f / he offen - ducted; which Fine, when paid or levied, fhall be paid over to the Party or Parties at whofe In- and S paid"overto tlw fiance, or on whofe Behalf, fuch Subpoena or Summons iffued. Party injured. XXV. And be it further enacted by the Authority aforefaid, That no Writ fhall be fued out No Writ may be fued out againft, nor any Copy of any Procefs, at the Suit of any Perfon or Perfons, fhall be ferved on any againft an y Commiffio- of the faid Commiffioners, or any of the Officers of the faid Court for the Time being, for any ner or Officer, for any Thing by him or them done in the Execution of his or their refpective Office or Offices, until No- ^s^"*'" th * Exe " tice, in Writing, of fuch intended Writ or Procefs, fhall have been delivered to him or them, or officesfuntii'thVhavT left at the ufual Place of his or their Abode, by the Attorney or Agent for the Party who intends been fe'rved with due to fue, or caufe the fame to be fued or ferved, at leaft one Calendar Month before the fuing out or Notice. ferving the fame ; in which Notice fhall be clearly and explicitly contained the Caufe of Action, which fuch Party hath or claimeth to have againft fuch Commiffioner or Officer ; on the Back of which Notice fhall be indorfed the Name of fuch Attorney or Agent, together with the Place of his Abode ; who fhall be intitled to have the Fee of twenty Shillings for the preparing and ferving of Attorney's Fee for P re- fuch Notice, and no more. paring and ferving fuch Notice, XXVI. And be it further enacted by the Authority aforefaid, That it fhall and maybe lawful Defendant tendering fuf- to and for fuch Commiffioner of Officer, at any Time within one Calendar Month after fuch Notice fkient Amends ; given as aforefaid, to tender Amends to the Party complaining, or to his Attorney or Agent ; and in cafe the fame fhall not be accepted, to plead fuch Tender, in Bar to any Action to be brought againft him, grounded on fuch Writ or Procefs, together with the Plea of Not guilty, and any other Plea, with Leave of the Court : And if, upon Iffue joined thereon, the Jury fhall find the Verdict to be given foi Amends fo tendered, to have been fufficient, then they fhall give a Verdict for the Defendant : And him. in fuch Cafe, or in cafe the Plaintiff ; all become nonfuited, or fhall difcontinue his or her Action ; or in cafe Judgment fhall be given for fuch Defendant or Defendants, upon Demurrer ; fuch De- fendant fhall be intitled to the like Cofts as he would have been intitled unto in cafe he had pleaded the General Iffue only : And if,, upon Iffue fo joined, the Jury fhall find that no Amends were ten- If none, orind.fficient dered, or that the fame were not fufficient; and alfo againft the Defendant or Defendants in fuch -Amends are tendered, other Plea or Pleas ; then they fhall give a Verdict for the Plaintiff, and fuch Damages as they fhall p. c ". ... think proper, which he or fhe fhall recover, together with his or her Cofts of Suit. mages'aBd'cpfb!" *" Vol. IX. G g XXVII. And 226 C. 40. Anno quarto Georgii III. A. D. 1763. If Notice has not been given, Defendant to le- covcr. Defendant may pay Mo' ney into Court before Iffue joined. No Evidence to be given on the Trial, but what is contained in the Notice. Corporation, at their own Expence, to light the Streets, &c. within the Borough. Lamps, &c. vefled in the Mayor : Penalty on Perfons in- juring them,. Limitation of Actions. General Iffue, XXVII. And be it further enacted, That no fuch Plaintiff (hall recover any Verdict: again ft fuch Commiffioner or Officer, in any Cafe where the Action fhall be grounded on any Act of the Defen- dant, as a CommifTioner or Officer, linlefs it is proved, upon the Trial of f ur h Action, that fuch Notice was given as aforefaid ; but, in Default thereof, fuch Commiffioner or Officer fhall recover a Verdict and Cofls as aforefaid. XXVIII. And be it further enacted by the Authority aforefaid, That in cafe fuch Commiffioner or Officer fhall neglect to tender any Amends, or fhall have tendered inefficient Amends, before the Action brought, it fhall and may be lawful for him, by Leave of the Court where fuch Action fhall depend, at any Time before IlTue joined, to pay into Court fuch Sum of Money as he fhall fee fit; whereupon fuch Proceedings, Orders and Judgment, fhall be had, made and given, in and by fuch Court, as in other Actions where the Defendant is allowed to pay Money into Court. XXIX. And be it further enacted, That no Evidence fhall be permitted to be given by the Plain- tiff, on the Trial of any fuch Action as aforefaid, of any Caufe of Action, except fuch as is con- tained in the Notice hereby directed to be given! c,i XXX. And be it further enacted by the Authority aforefaid, That it fhall and may be lawful for the Mayor, Aldermen and Capital Burgeffes of the faid Borough, for the Time being, or the major Part of them, in Common Council afiembled, from Time to Time, if they fhall think proper, at the Cofts and Charges of the faid Corporation, to provide, fet up and fix at fuch Places, nd againlt fuch Houfes, or other Buildings or Walls or otherwife, within the faid Borough, fuch a Number of Lamps, with Pofts, Irons and other Furniture thereto, and to caufe the faid Lamps to be lighted and maintained in fuch Manner, as they the faid Mayor, Aldermen and Capital Burgeffes, for the Time being, or the major Part of them, affembled as aforefaid, fhall think fit; all which Lamps, together with the Pofts, Irons and other Furniture thereunto belonging, or therewith ufed, fhall be, and the fame are hereby vefted in the Mayor of the faid Corporation for the Time being: And if any Perfon or Perfons fhall wilfully and malicioufly remove, take away, break, throw down or otherwife damage any of fuch Lamps, Pofts, Irons or other Furniture thereof; or extinguifh any of the faid Lamps when lighted ; every Perfon fo offending, and being thereof convicted, by the Oath of one or more credible Witnefs or Witneffes, before any one or more Juftice or Juftices of the Peace for the faid Borough and Soke, or for the Weft Riding of the faid County of Tori, or upon Confef- .' J fion of the Party accufed, or upon the View of any one or more of the faid Juftices, ftnll for the firft Offence forfeit the Sum of five Shillings for each Lamp fo extinguifhed ; or for every Poft, j Iron, or other Furniture thereto belonging, fo removed, taken away, broke, thrown down or other- wife damaged; and for the fecond Offence, the Sum often Shillings; and for the third and every other Offence, the Sum of fifteen Shillings; and fhall likewife make full Satisfaction to the Mayor for the Time being, for the Charges and Expences of reinftating fuch Lamps, Pofts, Irons or ' other Furniture as aforefaid; or in cafe any Peribn or Perfons fhall carelefsly, negligently or acci- dentally break, throw down or otherwife damage any of the faid Lamps, fo to be fet up or fixed as aforefaid; or the Irons, Pofts or other Furniture thereof; or extinguifh any fuch Lamp, and fhall not immediately, upon Demand, make Satisfaction for the Damage thereby fuftained; in every fuch . Cafe it fhall be lawful for any one or more of the faid Juftices, upon Complaint to him or them made by the Mayor for the Time being, to fummon before him or them the Perfon or Perfons fo complained of; and upon hearing the Matter of the faid Complaint, or upon the Non-appearance of the Party or Parties complained of, to award fuch Sum or Sums of Money, by way of Satis- faction for fuch Damage, as fuch Juftice or Juftices fhall think reafonable; and in cafe of Refufal or Neglect to pay the Sum or Sums of Money fo awarded, within three Days after demanded, to caufe the fame by Warrant under his Hand and Seal, or their Hands and Seals, to be levied by Di- ftrefs and Sale of the Goods and Chattels of the Perfon or Perfons who fhall fo have done fuch Da- mage, rendering to him, her or them the Overplus, if any fhall be, after deducting the Cofts and ' Charges of fuch Warrant, and of fuch Diftrefs and Sale when demanded : And in cafe no fufficient Diftrefs can be found, fuch Juftice or Juftices fhall and may, by like Warrant, commie the Perfon.- or Perfons fo neglecting or refufing, to the Houfe of Correction, there to remain, until he, fhe or they fhall make fuch Satisfaction as aforefaid, or for any Time not exceeding the Space of one Ca- lendar Month ; one Moiety of which Penalties, when recovered, fhall go to the Perfon or Perfons who fhall inform and profecute for the fame, and the other Moiety thereof fhall be paid to the Mayor of the faid Borough for the Time being, and be applied, in the firft Place, in making good all fuch Damages as aforefaid, and the Remainder to be diftributed amongft the Poor of the faid Bo- rough and Soke, in fuch Manner as the faid Mayor fhall think fit. XXXI. And be it further enacted by the Authority aforefaid, That if any Action or Suit fhall be commenced againlt any Perfon or Perfons, for any Matter or Thing done or to be done in purfu- ance of this Act, fuch Action or Suit fhall be brought or commenced within fix Calendar Months next after the Caufe of Action fhall arife, and not afterwards; and fhall be laid and brought in the County of York, and not elfewhere; and the Defendant or Defendants on fuch Action or Suit fhall and may plead the General Iffue, and give this Act, and the Special Matter in Evidence, at any Trial to be had thereupon; and if it fhall happen to be done in purfuance of this Act, or that fuch Action or Suit fhall he brought after the Time herein before limited in that Behalf, or fhall be brought in any other County or Place than as aforefaid, then the Jury fhall find for the Defendant pr Defendants ; and upon fuch Verdict, or if the Plaintiff or Plaintiffs fhall become nonfuited, or 3 difcontinue discontinue his, her or their Action_ or Suit, or if, upon Verdict or Demurrer, Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall and may recover treble Treble Costs. such Cossts as are usually taxed and allowed between Party and Party ; and have such Remedy for the same as any Defendant or Defendants hath or have in any other Cases by Law. XXXII. And be it further enacted by the Authority aforesaid, That this Act shall be deemed, Publick Act adjudged and taken to be a Publick Act, and be judicially taken Notice of as such, by all Judges, Justices and other Persons whomsoever, without the same being specially pleaded.