ers, shall assemble as before directed, and shall then and there elect, nominate and assign six more of the Gentlemen, Merchants, Housholders or Inhabitants, Shopkeepers or Tradesmen, residing or inhabiting within the Town and Parish or Limits thereof as aforesaid, who shall be Commission-ers in the Room, Place or Stead of the six secondly named by this Act; and that on the third Day of May one thousand seven hundred and sixty-seven, or within six Days after, six new Commissioners shall be elected in the Room, Place or Stead of the six first named by this Act, in like Manner as is herein before directed ; and from time to time, on the third Day of May in every succeeding Year, or within six Days after, as before appointed, six new Commissioners in the Room, Place or Stead of the six who have served three Years, shall be elected by the Commissioners for the Time being, or six or more of them, as before directed.
Comissoners to elect a ClerkIV. And be it further enacted by the Authority aforesaid, That the Commissioners of the said Court of Requests ,for the Time being, or any six or more of them, shall have full Power and Authority to elect and appoint, and they are hereby authorized and required to elect and appoint, on the third Day of May one thousand seven hundred and sixty-four, or within six Days after, on such Day as shall be appointed by the Mayor of the said Town, or six of the said Commissioners, as before directed, one or more fit Person or Persons, who shall be Clerk or Clerks of the said Court of Requests during the Pleasure of the Commissioners, or the Major Part of them, for the Time being; which said Clerk or Clerks, or one of them, his or their Deputy or Deputies, shall and they are hereby impowered and required to issue out and register all Summonses, Warrants, Precepts, Acts, Orders, Decrees, Judgments, Attachments, and Proceedings of the said Court, and shall keep proper Books, wherein shall be entered and registered all Acts, Orders and Proceedings of the same Court: And the said Commissioners, or any six or more of them, for the Time being, shall also at the same Time nominate and assign two or more proper Persons to be Officers or Ministers of the said Court of Requests, to execute Summonses, Warrants, Precepts, Orders, Decrees, Attachments, and other Procedes of the said Court ; which said Officers shall be and continue Officers or Ministers of the said Court during the Pleasure of the Commissioners, or the major Part of them, for the Time being; and which said Clerk or Clerks, his or their Deputy or Deputies, Officers or Ministers, shall take an Oath before the said Commissioners, or any three or more of them, well and truly to execute their said Offices ; which said Oath the said Commissioners for the Time being, or any three or more of them, are hereby authorized and impowered to administer
Comissioner to issue a CapiasV. And be it further enacted by the Authority aforesaid, That in any Case where the faid Commissioners, or any three or more of them as aforesaid, shall have made any Order or Decree for the Payment of Money, it shall and may be lawful for the Clerk or Clerks of the said Court of Requests, or any of them, their or any of their sufficient Deputy or Deputies, at the Prayer of the Party or Parties, his or their Agent or Agents, prosecuting such Order or Decree for the Payment of Money, to issue a Precept under his or their Hands and Seals, in the Name of a Fieri facias, or Capias ad Satisfaciendum ; which Precept shall be directed to such Officer or Officers as shall be by the said Commissioners, or any six or more of them for the Time being, appointed to execute the same; who is and are hereby authorized and required to levy, or cause to be levied, the Sum or Sums of Money mentioned in such Precept, in the same Manner as any Sheriff may levy Money by virtue of any Writ of Fieri facias, or Capias ad Satisfaciendum, issuing out of any of his Majesty's Courts of Record at Westminster : Penalty on Persons refusing to obey Supoena's at the coutyVI. And be it further enacted by the Authority aforesaid, That in Case any Person or Persons residing within the said Town and Parish, who shall be duly served with a Subpoena or Summons to be issued by the said Clerk of the Court of Requests, at a Time and Place in such Subpoena or Summons mentioned, to give Evidence on Behalf of any Plaintiff or Defendant, shall neglect or refuse to appear pursuant to such Subpoena or Summons, and Proof being made of the Service of such Subpoena or Summons, and no cause of Absence being shewn to the Satisfaction of the Commissioners present at the Court to which such Persons shall be by such Subpoena or Summons required to appear, and Oath being made before the same Commissioners by the Party or Parties at whose Instance, or on whose Behalf, such Subpoena or Summons issued, that the Person or Persons served therewith was or were a material Witnel's or Witnesses for such Party or Parties, it shall and may be lawful to and for the said Commissioners, or any three or more of them, assembled in such Court, and being a Majority of them, to impose a Fine not exceeding fifty Shillings, nor less than five Shillings, to be levied by Distrefs and Sale of the Offender's Goods, by Warrant under the Hands and Seals of the said Commssioners, or any three or more of them, rendering the Overplus, if any, to such Offender, the Charges of such Disstress and Sale being first deducted ; which Fine, when paid or levied, shall be paid over to the Party or Parties at whose Instance, or on whose Behalf, such Supoena or Summons issued.
Creditors may sue for dents under 40sVII. And be it further enacted by the Authority aforesaid, That from and after the said third Day of May one thousand seven hundred and sixty-four, or from and after the Meeting appointed to be held within six Days after, by the Mayor of the said Town, or six or more of the said Commissioners for the Time being, as before directed, it shall and may be lawful to and for any Person or Persons, whether resiant or not resiant in the said Town and Parish of Kirkby in Kendal, or the Limits of the same, who now or hereafter shall or may have any Debt or Debts, Thing or Things, due or owing, or belonging unto him or them, in his, her or their own Right, or as Executor or Administrator, Guardian or Truftee, for or to any Person or Persons whatsoever, not