41 Geo. III. c. 65. Treble Costs. Public Act. shall be had thereupon, and that the 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 have 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 satisfaction 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, shall 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 have for costs in other cases by law. LI. And be 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. An Act for the more easy and speedy Recovery of Small Debts within the town and county of the town of Kingston-uponHull. I. 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 authority of the same, 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, William 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; and the said commissioners and their successors are hereby constituted a • 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. Actions 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 there is no limit to the amount of damages that may be given; the cause of action however 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 King's Bench. All the practising attorneys resident in Hull may be admitted and practice as attorneys of this court if they think proper. They are con stituted a Court of Requests. 2 Geo. III. c. 38. Three em- Their First Business of other impeded by their Method of elec. tion of new Commissioners in the room of such as shall die, or refuse to act. The order and the Commissioners are to be summoned to court of justice by the name of The Court of Requests for the town, port, 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 required to meet and hold the said court on every other Wednesday, or oftener, if there shall be occasion, in the town or guild-hall of the said town, or at any other convenient place within the said town and county, to be appointed by the major part of such of the commissioners as shall be assembled at any such meeting; and the first meeting of the said commis sioners shall be held on the Wednesday fortnight next after the passing of this act; but so as the said meetings shall not impede or interrupt the business at any time to be done by or before his Majesty's justices of assize, justices of oyer and terminer, justices of gaol delivery, or justices of the peace, usually done, held, or kept, in the said town or guild-hall; and the said commissioners, or any three or more of them, from time to time assembled at such courts, are hereby authorised and fully empowered 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; 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. 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 hereinafter immediately mentioned, it shall be lawful for the mayor 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 effectually, to all intents and purposes, as if he had been particularly named herein as a commissioner. III. And to the end that Lo undue preference may be made and given in rotation in which 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, 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 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 Commis. sioner, though not summoned or standing in rotation, may sit and do business in the court. Creditors may 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, and 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. 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 40s. in the person or persons whatsoever who now hath, have, or hereafter shall have said Court, upon any debt or debts under the value of forty shillings due or owing, or be 2 Geo. III. c. 38. Debtor. ་ longing unto him, her, or them, in his, her, or their own right, 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 town of Kingston-upon-Hull, or the county of the same 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 clerk of the court for the time being, or his deputy, who shall immediately make out and deliver to the serjeant of the said court for the time being (who is hereby authorised 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 cominissioners of the said court to answer such complaint; and 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 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 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 enipowered 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 for the better 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 empowered to administer, or cause to be administered, an oath or oaths to either of the said parties willing to be examined touching the matters then in question, and to such witness or witnesses as shall be produced by each party, and to 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.* VI. And be it further enacted by the authority aforesaid, That if such debtor or debtors who 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 commissioners, 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 cause on the part of the plaintiff or plain 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, VII. And be it further enacted by the authority aforesaid, That if upon the day of return of the summons, or at any continuation or adjournment of the said court, the plaintiff or plaintiffs shall not appear, or appearing, shall not make proof of his, her, or their demand, to the satisfaction of the court, but become nonsuited, it shall and may be lawful to and for the said 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. 5 VIII. And be it further enacted by the authority aforesaid, That in any case where the said commissioners, or any three or more of them, as afore said, shall have made any order or decree for the payment of money, it shall and for the said commissioners, or any three or more Upon Proof of upon; into the Demand, administer an Court. Debtor not appearing Court may hear the Cause on the Part of the Plaintiff, and pass Judgment there. on, with Costs. Plaintiff not appearing or being non-suited, Costs to be awarded to the Defendant. Upon Order of the Court for Payment of Money, Execu.. tion is to be and may be law majority of the said court, to award execution either awarded against of them, being against the body or goods of the party against whom such order or decree 48 Geo. III c. 109, s. 9, post. Tt the Body or Goods of the Party. 330 2 Geo. III. C. 38 Upon Execution issued against the Body of the Party, the Confinement is not to exceed Three Months. If the Service or Effects of the Execution be prevented or evaded, the Court may award another Execu tion. Upon the first Default of Pay- award Execution The Debt and Precept; and on takes Effect, with the Fees due to the respective Officers, &c. Execution is to be superseded. No Person of the Court on Effect, through the Neglect or shall be made; and thereupon it shall and may be lawful for the clerk of the said court, at the prayer of the party prosecuting such order or decree for the payment of the money, to issue a precept under his hand and seal, by way of Capias ad satisfaciendum, or Fieri facias, to the serjeant of the said court, who, by virtue of any such precept issued upon execution awarded against the body of such party, shall and may, and is hereby empowered to take such party, being within the said town or county of the town of Kingston-upon-Hull, and carry him, her, or them, to the common gaol or house of correction for the said town, there to remain until he, she, or they shall perform and obey such order, decree or judgment, so as no person shall remain in confinement upon any such execution 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; and if the party against whose body or goods any such execution shall be awarded, and process thereupon shall issue, shall, by absconding, or by secreting his, her, or their goods, or by any other means, prevent or evade the service or effect of any such execution, it shall and may be lawful to and for the said commissioners, or any three or more of them, assembled in such court, being a majority of the said court, upon due proof made to them, by the oath or oaths of ce 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 serjeant of the said court, in manner as is aforesaid; and in case the said court shall at any time, upon the request, and for the ease and convenience of the defendant or defendants, or order, decree, or adjudge, a debt due to the plaintiff or plaintiffs to be paid by several payments, upon the first default or failure of any of the said payments so ordered, decreed, and adjudged, the said commissioners, or any three or more of them, assembled in such court, being a majority of the said court, at the instance of the plaintiff or plaintiffs, and upon due proof of the said default or failure, shall and may award execution for the whole debt, or such part thereof as shall remain unpaid at the time of such default or failure, together with such further costs as to them shall 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. IX. And be it further enacted by the authority aforesaid, That upon every precept to be issued upon execution awarded against the body or goods of any person or persons, the clerk of the said court shall indorse, or cause to be indorsed, the sum or sums, and costs so ordered, decreed, or adjudged; and if the party against whom such execution shall be awarded respectively, shall, before any actual sale of the goods, or before he or she is apprehended, or before the expiration of the term of his or her imprisonment, pay or cause to be paid or tendered unto the clerk of the said court, such sum or sums, and costs, together with one shilling, as a reward for his trouble in receiving and paying over the said debt and costs, and entering acknowledgement of satisfaction in full for the sum, and also the sum of 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. X. And be it further enacted by the authority aforesaid, That no privilege, or pretended privilege, shall be allowed to exempt any person liable to be summoned by virtue of this act, from the jurisdiction of the said court of requests, on account of his being a sworn attorney or solicitor of any of the courts at Westminster, or of any other court whatsoever.SIG XI. And be it further enacted by the authority aforesaid, That if the serjeant of the said court, who shall be employed to serve an shall, by wilful or notorious neglect or connivance, cause or suffer the party against whom such execution shall be awarded, to escape or abscond See 48 Geo. III. c. 109, s. 15. post. |