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.
CAP. XLI.
An Act for the more easy and speedy Recovery of small Debts in the Town and Parish of Kirby in Kendal, in the County of Westmorland.
WHEREAS a great Trade is carried on in the Town and Parish of Kirby in Kendal, in Preamble.the County of Westmorland, and the Inhabitants thereof have of late Years greatly increased : And whereas many poor honest Persons are obliged to contract small Debts within the said Town and Parish, and Limits of the same, and they being frequently rendered unable to pay the said Debts in due Time, their Creditors do often bring Suits and Actions against them for Recovery of the same, and in Consequence thereof their Goods and Effects are seized and sold, or their Persons imprisoned, to the utter Ruin of themselves and Families, the Loss of their Labour to the Publick, and the great Burthen and Charge of the Parish or Township to which they belong. For Remedy whereof, and to the Intent that some other easy and speedy Method may be provided for the Recovery and Payment of small Debts within the said Town and Parish and the Limits thereof; May it please your most Excellent 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, That it shall and may be lawful for the Mayor and Recorder, or Deputy Recorder Commissioners Names. of the said Town for the Time being, and Thomas Strickland Esquire, John Shaw, Christopher Wilson, John Thompson, Gilbert Crackenthorp, Thomas Wilson the Younger, Gentlemen ; Thomas Holme Esquire, Richard Fell, Thomas Gibson, George Braithwaite, Benjamin Fletcher, William Baxter, Gentlemen ; William Sympson Esquire, Samuel Gawthrop, Thomas Ashburner, Mathew Bell, Bryan Wilson, Thomas Dodason, Gentlemen ; or any three or more of them, to assemble in the Town's Hall, or some other convenient Place within the said Town of Kirby in Kendal; and they are hereby reflectively impowered and required to meet on Thursday the third Day of May one thousand seven hundred and sixty-four, then and there to act as Commissioners for the hearing and determining of all such Matters of Debt and Detinue as are hereafter mentioned ; which said Commisiioners, or any three or more of them as aforesaid, from Time to Time, shall be and are hereby declared, nominated, constituted, appointed and made a Court of Justice, by the Name of The Court of Requests for the Town and Parish of Kirby in Kendal, in the County of Westmorland, and Limits thereof; and the said Commissioners, or any three or more of them, are hereby authorized, impowered and required to assemble, sit and hold the said Court once in every three Weeks (or oftener if Occasion shall be) from and after the said third Day of May, videlicet, on Thursday in such Week ; and the said Commissioners for the Time being, or hereafter to be appointed for the Purpose aforesaid, or any three or more of them, shall have Power and Authority by virtue of this Act to hear and determine all such Causes as are hereafter mentioned, and to pronounce such Judgment, and to make such Order and Decree, and to award Execution thereupon with Costs against the Body, or against the Goods and Chattles of all and every of the Person or Persons against whom they shall give such Judgment, make such Order or such Decree, as to them shall seem just in Law or Equity, so as no Person or Persons shall remain in Prison upon any Execution for a longer Space than three Calendar Months.
ProvisoII. Provided always, and be it further enacted by the Authority aforesaid, That no Person or Persons whatsoever, except the Persons hereby appointed, or hereafter to be appointed Commissioners for the Purposes aforementioned, shall have any Voice in the said Court of Requests, held or to be held under the Authority of this Act.
Comissioners to assemble at a certain placeIII. And be it further enacted by the Authority aforesaid, That the Commissioners in this Act named, or any six or more of them, shall meet and assemble in the Town's Hall, or some other convenient Place within the said Town of Kirkby in Kendal; and they are hereby athorized and required to assemble as aforesaid on the third Day of May one thousand seven hundred and sixty-five, or at any Time within six Days from the said third Day of May one thousand seven hundred and sixty-five. as the Mayor of the said Town, or any six or more of the said Commissioners for the Time being, shall appoint, then and there to elect, nominate and assign six of the most substantial and discreet Gentlemen, Merchants, Housholders or Inhabitants, Shopkeepers or Tradesmen, residing or inhabiting within the said Town and Parish or the Limits thereof, who shall be Commissioners for the Purposes in this Act before mentioned, in the Room, Place or Stead of the six last To be chosen in Rotation named by this Act; and that on the third Day of May one thousand seven hundred and sixty-six, or within six Days after, the Commissioners for the Time being, or six or more of them, on a Day appointed by the Mayor of the said Town for the Time being, or six or more of the said Commission-