« PreviousContinue »
41 Geo. II.
shall be bad thereupon, and that ibe matter or thing for which such action or actions, suit or suits shall be so brought, was done in pursuance and by the authority of this act ; and if the said matter or thing shall appear to bave been so done, or if it shall appear that such action or suit was brought before twenty days notice given as aforesaid, and that a sufficient satisfac. tion was made or tendered as aforesaid, or if any such action or suit shall not be commenced within the time before for that purpose limited, or shall be laid in any other county or place than as aforesaid, then the jury or juries shall find for the defendant or defendants therein; and if the plaintiff or plaintiffs in such action or actions, suit or suits, sball become nonsuited, or suffer a discontinuance thereof, or if judgment shall be given for the defendant or defendants therein, then and in any of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants, bath or bąvę for costs ia other cases by law.?
LI. And he it further enacted, That this act shall be deemed and taken to be a public act; and all judges, justices, and other persons are hereby required to take notice thereof as such, without the same being specially pleaded.
on 591 yivs blad 28203 503 190397 of jasm1992 to gots dels
to mojbam96 2069 2971 TO JA 319007 So at 29968b 10 00159 03 Jimil ou ei 9790
I 20 My bos woš 9 midsin siis eum 1979 0 1 0 2 giard OT is bei suvi 25 003 ait yao
ilovsd: 10 360 03 tiis ei poisto sds 2791711SS 30137579 bis 591imba yao ila airsbissy
38&zorg of Requests.
An Act for the more easy and speedy Recovery of Small Debts
within the town and county of the town of Kingston-uponHull.
1. WHEREAS the town of Kingston-upon-Hull is a port town, and great and extensive trade and commerce is carried on therein : and whereas there are many ill-disposed persons who often contract small debts, and although able, refuse to pay the same, presuming on the discouragements which creditors lie under from the expence which they are unavoidably put to, and the delays which they meet with, in suing for such debts: and whereas the providing of a more easy and speedy method for the recovery of small debts, will greatly tend to promote industry, as well as to support and encourage useful credit within the said town and county of the same : 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 parlia. ment assembled, and by the autbority of the saine, That the mayor and Commissioners aldermen of the town of Kingston-upon-Hull for the time being, Thomas appointed, Broadley, Robert Carlile Broadley, Isaac Broadley, Joseph Hickson, John Booth, Benjamin Blaydes the elder, Henry Etherington, Gardiner Egginton, John Greathed, John Gylby, James Hamilton, John Jarratt, Henry Maister, Thomas Mowld, John Moore, Samuel Martin the elder, John Mace, Henry Neve, Edmund Popple, John Porter, Robert Pease, William Thornton, Wil. liam Turner, Joseph Thompson, Robert Thorley, Robert Wilberforce, Samuel Watson the younger, Joseph Williamson, Thomas Williamson, and, William Waller, esquires, shall be and are hereby appointed commissioners to hear and determine all such matters of debt as are hereinafter mentioned; They are cop. and the said commissioners and their successors are hereby constituted a stituted a Court
• In addition to the Court of Requests there is a Court of Record for the town and county of the town of Kingston upon Hull, in which a Venire for the trial of Causes is held every three months. Actinns may be brought in this court for debts of any amount; also actions of ejectment to recover the possession of real estates, and trover for personal property. Actions of trespass, defamation of character, &c. may be brought, in which ibere is no limit to the amount of damages that may be given; the cause of action how. erer must arise within the town and county of the town of Kingston upon-Hull, where only the court has jurisdiction. The business of this court is managed by Attorneys, and the practice is similar to that of the Court of Kiog's Bench. AU the practising attorneys resident in Hull may be admitted and practice as allorneys of this court if they think proper.
2 Geo. JII. court of justice by the name of The Court of Requests for the town, port, c. 38.
and county of the town of Kingston-upon-Hull; and they the said commis.
sioners, or any three or more of them, shall, and are hereby empowered and on required to meet and hold the said court on every other Wednesday, or
oftener, if there shall be occasion, in the town or guild-ball of the said Tbrer en powered to bold town, or at any other couvenient place within the said town and county, a Court on to be appointed by the major part of such of the commissioners as shall be Wednesday, in si assembled at any such meeting, and the first meeting of the said commiss every Week.
sioners shall be held on the Wednesday fortnight next after the passing of Their First
this act; but so as the said meetings shall not impede or interrupt, the Metting.
business at any time to be done by or before his Majesty's justices of assize, Business of other Courts held in justices of oyer and terminer, justices of gaol delivery, or justices of the the Guitil-Hall, peace, usually done, held, or kept, in the said town or guild-hall; and the &c. not to be said commissioners, or any three or more of them, from time to time asimpeded by meir sembled at such courts, are hereby authorised and fully empowered to hear Meetings.
and determine all such causes as are hereafter mentioned, and to give such Power and Business of the
judgments, and to make such orders and decrees therein, and to award Court.
execution thereupon, with costs, against the body and bodies or against the Casting Vote
goods, of all and every the person and persons against whom they shall give upon any Ques- any such judgment, or make any such order or decree, as to them shall tion where there seem just in law or equity; and if the commissioners so assembled shall is an equality, happen to be equally divided upon any question that may come before
ha to lie in the mayor, senior : them, the mayor of the borough for the time being if present, or in his alderman, or absence the senior alderman present, and if no alderman is present, the commissioner commissioner present, who stands first in the list of commissioners to be wlio stands first
hung up in the court or place where the commissioners shall meet, shall on the list
have another and the casting vote. od of piece II. And be it further enacted by the authority aforesaid, That from time tion of new Com. to time on the death or refusal to act of any or either of the commissioners missioners in the herein before particularly named, or of any or either of their successors to room of such as
2. be elected in manper hereinafter immediately mentioned, it shall be lawful shall die, or refuse to act. for the niayor and aldermen of the said town of Kingston-upon-Hull for the
time being, or the major part of them when assembled together, and they are hereby required to assemble together 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 commissioner in the stead of 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 efectually, to all intents and purposes, as if he had been particularly named herein as a commissioner.
No se si es tot III. And to the end that wo undue preference may be made and given in The order and rotation in which summoping the said commissioners appointed, or to be appointed, in pur, the Commis s uance of this act, to attend the said court, be it further enacted by the sioners are to be
e authority aforesaid, That the serjeant of the said court for the time being, summoned to attend the court. to be nominated or elected as hereinafter mentioned, shall summon the
mayor and one alderman, or two aldermen, together with six other com. missioners, beginning with the mayor and one alderman, and six other
commissioners who shall be first named in the list of commissioners to be Bu hung up in the said court, to attend the said court as commissioners for two U
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,
IV. Provided always, That nothing herein contained shall extend, or be Any Commis. sioner, though
construed to extend, to exclude or debar any of the commissioners for the not summoned time being from sitting in the said court, although such commissioners shall or standing in not have been summoned, or stand in rotation to be summoned, but that rotation, may sit and do business
such commissioners, if they shall think fit so to do, shall and may sit, hear, in the court. and determine, give judgment and make orders and decrees in the said
court; any thing hereinbefore contained to the contrary thereof in anywise notwithstanding.
TOS) TO ORO .gtata and fode bisa Creditors may V. And be it further enacted by the authority aforesaid, That from and sue for any Debt after the passing of this act, it shall and may be lawful to and for any under 40$. in the person or persons whatsoever who now hath, have, or bereafter shall have said Court, upon *
a ny 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 right, or as ex. 2 Geo. II. ecutor, 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 town of Kingston-upon-Hull, or the county of the same w . town, or using or frequenting the markets thereof, or usually buying or Application to ? selling, or seeking a livelihood therein, or sailing or navigating to and from the Clerk, who the said port and haven of Kingston-upon-Hull aforesaid, to apply to the shall summon the
Debtorst. clerk of the court for the time being, or his deputy, who shall immediately Debtontvy 97979 make out and deliver to the serjeant of the said court for the time being
sai? 25T (who'is hereby authorised and required to execute all warrants, precepts,
19:10 and processes of the said court of requests) a summons in writing under min ez setiar: his hand, directed to such debtor or debtors, expressing the sum demanded
2100) of him, her, or them, the party demanding and requiring him, her, or them t'?.0 7 to appear at a certain time and place to be mentioned in such summons, que es Before the commissioners of the said court to answer such complaint; and
C1131 the serjeant of the said court shall forthwith cause such summons to be served on such debtor or debtors, either personally or by leaving the same che at the dwelling-house, lodging, place of abode, shop, shed, stall, stand, or other place of dealing or trading of such debtor or debtors, being within the limits of the said town or county, with his, her, or their servant or 235 songs other person belonging to him, her, or them; and that upon proof made Upon Proof of a that such summons hath been duly served, the said commissioners, or any Service of the three or more of them, assembled in court, being a majority of such court, Summous, the are hereby enipowered and required to make due ēnquiry concerning such
are to enquire demands or plaints, and make such orders and decrees therein, and pass into the Demand, such fival judgment or sentence thereupon, and award costs of suit, as to and pass final them shall seem most agreeable to equity and good conscience; and for the Judgment there.
upon ; better discovery of the truth, and more solemn determination of matters and in the and causes which shall be depending in the said court, it shall be lawful for Course of their the said commissioners, or any three or more of thein, assembled in court, Enquiry may
administer an and they are hereby empowered to administer, or cause to be administered, Oath to the chą an oath or oaths to either of the said parties willing to be examined touch- Witnesses and ing the matters then in question, and to such witness or witnesses as shall Officers of the be produced by each party, and to the officers of the said court, and also to Court. 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.* - VI. And be it further enacted by the authority aforesaid, That if such
Debtor not debtor or debtors who shall have been duly summoned as aforesaid, shall
appearing Court not appear before such court at the time and place mentioned in the said may bear the summons, then it shall and may be lawful to and for the said commissioners, Cause on the Part
of the Plaiotiff, or any three or more of them, só assembled, being a majority of the said a
sale and pass court, after due proof made, upon oath, of the service of the said summons, Judgment there. in manner aforesaid, to hear the cause on the part of the plaintiff or plain. on, with Costs. tiffs 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 conscience,' SVII, "And be it further enacted by the authority aforesaid, That if upon
Plaintiff not the day of return of the summons, or at any continuation or adjournment
appearing or of the said court, the plaintiff or plaintiffs shall not appear, or appearing, being non-suited, shall not make proof of bis, her, or their demand, to the satisfaction of the Costs to be court, but become nonsuited, it shall and may be lawful to and for the said awarded to the
De endant, commissioners, or any three or more of them, being a majority of the said court, to award to the defendant or defendants reasonable costs, and to order and oblige the plaintiff or plaintiffs to pay the same, by such ways and means as are herein provided for the recovery of debts ordered and decreed by the said court.") mo?? HIVIHI. And be it further enacted by the authority aforesaid, That in any non order of case where the said commissioners, or any three or more of them, as afore the Court for said, shall bave made any order or decree for the payment of money, it shall Payment of and may be lawful to and for the said commissioners, or any three or more
tion is to be sur of them, being a majority of the said court, to award execution either awarded against against the body or goods of the party against whom such order or decree the Body or bisa 90 10 gaivo io 9100
Goods of the
Body of the
[Part, Vo 2 Géo. III. shall be made; and thereupon it shall and may be lawful for the clerk of c. 38.
the said court, at the prayer of the party prosecuting'such 'order or decret
for the payment of the money, to issue a precept under his band and seal, V
by way of Capias ad satisfaciendum, or Fieri facias, to the serjeant of the Inn Execution said court, who, by virtue of any such precept issued upon execution issued against the awarded against the body of such party, shall and nay, and is hereby em
powered to take such party, being within the said town or county' of the Party, tlie Con.
town of Kingston-upon-Hull, and carry him, her, or them, to the common finement is not to exccea Three
gaol or house of correction for the said town, there to remain until he, she, Months,
or they shall perform and obey such order, decree or judgment, so as no person shall remain in confinement upon any such execátion for a longer
space than three calendar months;* and by virtue of any such precept · issued upon execution awarded against the goods of any such party, shall
and may, and is hereby empowered to levy by distress and sale of the goods of such party, being within the said town or county, such sum or
sums of money, and costs, as shall be so ordered, decreed, and adjudged; If the Service or and if the party against whose body or goods any such execution shall be Effects of the awarded, and process thereupon shall issue, shall, by absconding, or by Execution be
secreting his, her, or their goods, or by any other means, prevent or evade prevented or evaded, the". the service or effect of any such execution, it shall and may be lawful to Court may award and for the said commissioners, or any three or more of them, assembled in another Execu.
such court, being a majority of the said court, upon due proof made to them, by the oath or oaths of coe or more credible witness or witnesses, that the service or effect of the said execution had been prevented or evaded, at their discretion, to award another execution either against the body or goods
of such party, and process shall issue thereupon, and be served by the Upon the first serjeant of the said court, in manner as is aforesaid; and in case the said Default of Pay- court shall at any tiine, upon the request, and for the ease and convenience ment of any of the defendant or defendants, or order, decree, or adjudge, a debt due to Moncy decreed
the plaintiff or plaintiffs to be paid by several payments, upon the first to be paid by several Payinents, default or failure of any of the said payments so ordered, decreed, and the Court may,' adjudged, the said commissioners, or any three or more of them, assembled award Execution in such court, being a majority of the said court, at the instance of the for the whole Debt, with für plaintiff or plaintiffs, and upon due proof of the said default or failure, shall ther Costs. and may award execution for the whole debt, or such part tbereof as shall
remain unpaid at the time of such default or failure, together with such further costs as to them sball seem meet, to be recovered by the same methods and means as are herein provided for the recovery of a debt and costs first decreed; the former order, decree, or judgment to the contrary
notwithstanding. ? The Debt and IX. And be it further enácted by the authority aforesaid, That upon Costs to be every precept to be issued upon execution awarded against the body or marked on the goods of any person or persons, the clerk of the said court shall'indorse, or Back of the Precent. Cand on cause to be 'iudorsed, the sum or sums, and costs so ordered, decreed, or paying in the adjudged ; and if the party against whom such execution shall be awarded same to the Clerk respectively, shall, before any actual sale of the goods, or before he or she is of the Court, before Execution
ion apprehended, or before the expiration of the term of his or her imprison. takes Effect, with ment, pay or cause to be paid or tendered unto the clerk of the said court, the Fees due to such sum or sums, and costs, together with one shilling, as a reward for his the respective trouble in receiving and paying over the said debt and costs, and entering Execution is to acknowledgement of satisfaction in full for the sum, and also the sum of be superseded. two shillings and sixpence for gaol fees (in case such person or persons
shall have been committed to prison,) then and in any such case the execution shall be superseded, and the body or goods of the said party shall
be discharged and set at liberty. *.'' No Person
X. And be it further enacted by the authority aforesaid, That no priexempted from vilege, or pretended privilege, shall be allowed to exempt any person liable the Jurisdiction to be summoned by virtue of this act, from the jurisdiction of the said court of the Court om of requests, on account of his being a sworn attorney or solicitor of any of account of being an Attorney or the courts at Westminster, or of any other court whatsoever. ******** Solicitor. ; XI. And be it further enacted by the authority aforesaid, That if the Where Execil. serjeant of the said court, who sball be employed to serve' an execution lion shall not shall, by wilful or notorious neglect or connivance, 'cause or suffer the have its due Effect, through
ponch party against whom such execution shall be awarded, to escape or abscond the Neglect or
* See 48 Geo, III, c, 109, s. 15. post.