Page:Ruffhead - The Statutes at Large - vol 8.djvu/746

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A.D. 1762 Anno secundo Georgii III. C. 38 707

Comissioners,upon complaint made to them of any Damage done to adjoining lands, by erecting, or completing any of the said works, are to examine into such Complaint, and make and return an Estimate of the Dmage

VIII. And be it further enabled by the Authority aforesaid, That it shall and may be lawful toand for the said Commssioners, or any five or more of them, upon the Complaint of any Owner or Owners, Occupier or Occupiers, of any other Lands and Hereditaments adjoining to any Part of the Lands and Hereditaments by this Act veiled in the said Trustees, that he, she or they have received any Damage by the erecting or compleating of any of the Works thereto belonging, to examine into and hear every such Complaint, and shall make an Estimate of such Damage, and shall are return such Estimate with, and in the Manner they are herein before directed to return, the aforesaid Judgments and Decrees.

No private Buildings to be erected upon any of the Lands vested as aforesaid by this Act; and the profits arising from the said Lands are to be applied towards the Erection and Reperation of the respective Fortification;|text=And be it further enacted by the Authority aforesaid. That no private Building or Buildings shall be made or erected upon any of the Lands vested by this Act as aforesaid; and that the whole Profits arising or that shall hereafter arise from the said Lands, be and are hereby appropriated and applied for and towards the Erection and Reparation of the respective Fortifications of each Place, and to no other Use or Purpose whatsoever;

The premisses declared to be unalienable from the crown;

and all and singular the Premisses shall be and from the said Land are are hereby enacted and declared to be unalienable from the Crown;

and are not demisable, but during Pleasure.

neither shall any Part of the Premisses be demised or demisable, otherwise than during Pleasure only.

Comissioners exempted from the penalties of the several Qualifcation Acts of 25 Car.2. c.2. 1W. & M. c. 8. 13 & 14 W. 3. c. 6. and 1 Geo 1. c. 13.

X. Provided always, That no Commissioner who shall be employed in the Execution of this Act, shall be liable, for or by reason of such Execution, to any of the Penalties mentioned in an Act made in the twenty-fifth Year of the Reign of King Charles the Second, intituled, An Act for preventing Dangers which may happen from Popish Recusants; or in one other Act made in the first Year of the the Reign of King William and Queen Mary, intituled. An Act for the abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths; or in one other Act made in the Parliament holden from the Penalties of the in the thirteenth and fourteenth Years of the Reign of the late King William the Third, intituled, An Act for the better Security of his Majesty's Person., and the Succession of the Crown in the Protesant of Line; and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their Open and secret Abettors; or in one other Act made in the Parliament begun and holden in the first Year of the Reign of King George the First, intituled. An Act for the better Security of his Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors.

The Commissioners are not disqualified, by having such, from sitting in the House of Commons, or their election therby become void.

XII. Provided also, and be it enacted, That such Commissioners as his Majesty shall nominate for the Purposes in this Act, or any of them, shall not, by reason thereof, in any Sort be disabled or disqualified from sitting in the House of Commons, or their Election thereby become void; any Law or Statute to the contrary thereof in any wife notwithstanding.}}

An Act for the more easy and speedy Recovery of small Debts, within the Town and County of the Town of Kingston upon Hull.

  • Preamble.
  • Commissoners appointed.
  • They are constituted a Court of Requests.
  • Three impowered to hold a Court on Wednesday in every Week.
  • Their first Meeting.
  • Business of other Courts held in the Guild Hall,&c. not to be impeded by their Meetings.
  • Power and Business of the Court.
  • Casting Vote upon any Question where there is an Equality, to lie in the Mayor, senior Alderman, or Commissioner who stands first on the List.
  • Method of Election of new Commissioners in the Room of such as shall die, or refuse to act.
  • The Order and Rotation in which the Commissioners are to be summoned to attend the Court.
  • Any Commissioner, though not summoned, or sanding in Rotation, may sit and do Business in the Court.
  • Creditors may sue for any Debt under 40 s. in the said Court; and on Application to the Clerk, who shall summon the Debtor, upon Proof of Service of the Summons, the Commissioners are to enquire into the Demand, and pass final Judgment thereupon.
  • And in the Course of their Enquiry may administer an Oath to the Witnesses and Officers of the Court.
  • Debtor not appearing, Court may hear the Cause on the Part of the Plaintiff, and pass Judgment thereon, with Costs.
  • Plaintiff not appearing, or being nonsuited; Costs to be awarded to the Defendant.
  • Upon Order of the Court for Payment of Money, Execution is to be awarded against the Body or Goods of the Party.
  • Upon Execution issued against the Body of the Party, the Confinement is not to exceed 3 Months.
  • If the Service, or Effects of the Execution, be prevented or evaded, the Court may award another Execution.
  • Upon the first Default of Payment of any Money decreed to be paid by several Payments, the Court may award Execution for the whole Debt, with further Costs.
  • The Debt and Costs to be marked on the Back of the Precept; and on paying in the fame to the Clerk of the Court, before Execution takes Effect, with the Fees due to the respective Officers, &c.
  • Execution is to be superseded.
  • No Person exempted from the Jurisdiction of the Court on account of being an Attorney or Solicitor.
  • Where Execution shall not have its due Effect, through the Neglect or Connivance of the Officer, such Officer is liable to pay the Debt.
  • Commissioners to take the following Oath, to be administered by the Clerk, and registered.
  • John Baxby Gent, constituted Clerk of the Court; with Power to appoint a Deputy.
  • John Mimby appointed Serjeant.
  • Vacancies of Clerk and Serjeant how to be filled up.
  • Fees allowed to the Clerk and