or the goods of such party be carried away or secreted, so that such execunot have its due effect, it shall and may be lawful to and for the said tion shallssioners, or any three or more of them, assembled at any such court, being a majority of the said court, upon complaint made, and due proof thereof upon the oath or oaths of one or more credible witness or witnesses, to order such serjeant to pay the sum or sums of money for which the said execution was awarded, to the party complaining, and to enforce the payment thereof by the same methods and means as are herein provided for the recovery of other debts. XII. And be it further enacted by the authority aforesaid, That no person shall be capable of acting as a commissioner in the execution of this act, until he shall have taken an oath to the effect following; that is to say, ↑ I A. B. do swear, That I will faithfully, impartially, and honestly, ac"cording to the best of my judgment, hear and determine such matters "and things as shall be brought before me, by virtue of an act of par "liament for the more easy and speedy recovery of small debts within "the town and county of the town of Kingston-upon-Hull, without "favour, affection, or prejudice, to either party. Which oath the clerk of the said court, or any of the commissioners who 2 Geo. III. c. 38. Connivance of the Officer, such Officer is liable to pay the Debt. Commissioners to take the follow ing Oath, To be admin- John Baxby, Court, with a Deputy. XIV. And be it further enacted by the authority aforesaid, That John John Mimby Mimby of Kingston-upon-Hull aforesaid, shall be and is hereby constituted appointed and appointed serjeant of the said court of requests for the serving of sum- Serjeant. monses, and executing such orders, warrants, and precepts, and doing and performing such other acts, matters, and things, as are herein appointed to be done by him. XV. And be it further enacted by the authority aforesaid, That when ever it shall happen that the place or places of clerk and serjeant shall become vacant, the mayor of the said town for the time being shall, and is hereby required, within ten days after such vacancy shall happen, to cause all the said commissioners for the time being to be summoned to meet at the town or guild-hall of the said town, at a certain time by him to be appointed, so as the same shall not be less than four days nor more than fourteen days after such vacancy shall happen, and the mayor for the time being have knowledge thereof; and the commissioners assembled pursuant to such summons, or the major part of them so assembled, shall nominate and appoint another fit and able person or persons to be clerk and serjeant of the said court during his or their good behaviour. XVI. And be it further enacted by the authority aforesaid, That the several fees hereafter limited and expressed, and no other, shall be taken by the said clerk and serjeant for their several and respective services in the execution of this act; that is to say, For issuing every summons, to the clerk, sixpence. For service of every summons, and attending the court with the return, to the serjeant, threepence. Ca For entering the cause, to the clerk, sixpence. For every hearing, to the clerk, threepence. to For every order, to the clerk, threepence. For entering every order and making, to the clerk, threepence. service of every order against a party not in court, and attending with return, to the serjeant, sixpence. Another Oath is substituted by 48 Geo. 111 c. 109, s. 4, post. buosed to st Additional fees are given by 48 Geo. III. c. 109, s. 20, post, Vacancies of Clerk and Serjeant how to be filled up. Fees allowed to the Clerk and Seijeant. 2 Geo. III. d. $38. A Table thereof the Court. Penalty on demanding or taking greater or other Fees, not to exceed 40s. nor be less than 10s. for One Offences and to be paid to the Treasurer of the Guardians of the Poor. For a nonsuit on the plaintiff's not appearing, to the clerk, twopencet mos For an attachment against the defendant for not appearing, to the clerk, sixpence to the serjeant for service thereof, one shilling. 13tures bise suft 10 For acknowledging satisfaction thereof, to the clerk, threepence, redu For an execution, to the clerk, sixpence; to the serjeant for service thereof, one shilling.teu) om endring To The dude gået et 75 breadt For a Subpena, to the clerk, threepence to the serjeant for service thereof, twopence o baude Mirem bít a qu Les awa; kim solt iał 90929 For paying money into court, to the clerk, sixpence.b gaisu „biszerola 26 For every search of the books, to the clerk, twopence.Pondio to ezagtiw A table of which fees shall, from time to time, be hung up by the clerks of to be hung up in the said court, in some conspicuous part of the said court or place where the said commissioners shall meet, so that all persons who shall attend the said court may see and read the same... Great lo jose momTO9 9XVII. And be it further enacted by the authority aforesaid, That if the said clerk of the said court for the time being, or his deputy or serjeant of the said court for the time being, or any of them, shall knowingly take or demand any greater or other fee or fees than is herein mentioned, upon complaint and due proof thereof, upon the oath or oaths of one or more credible witness or witnesses, made in open court, the said commissioners, or any three or more of them, being a majority of the said court, shall, and are hereby required and empowered from time to time, to punish such offender by fine not exceeding forty shillings, nor less than ten shillings, for one offence; to be levied by distress and sale of the offender's goods and chattels, by warrant under the hands and seals of the said commissioners, or any three or more of them, rendering to the owner the overplus (if any) after the charges of such distress and sale are deducted; which fine and fines, „ht vor morisk when recovered, shall be paid to the treasurer or treasurers for the time being of the governor, deputy governor, assistants, and guardians, of the poor of Kingston-upon-Hull aforesaid, for and towards the maintenance of such poor as shall or may be chargeable to the said town; and if the clerk or serjeant of the said court, or either of them, for the time being, shall be guilty of any notorious misbehaviour, either by frequently taking or demanding greater or other fees as aforesaid, or otherwise, in the execution of their respective offices, upon complaint made, the said commissioners, or any three or more of them, shall, in open court, hear and enquire into the matters of the said misbehaviour, by the oath or oaths of one or more credible witness or witnesses, and shall, if they, being a majority of the said court, think fit, certify the particulars of the said misbehaviour, with the proofs thereof, unto the mayor of the said town for the time being, who shall thereupon cause all the said commissioners to be summoned to meet at a convenient time and place, and shall lay the same before the commiss sioners assembled pursuant to such summons, who shall take the same into consideration, and may, according to their discretion, suspend or remove the said clerk or serjeant so offending from his said office, and nominate and appoint another fit and able person to exercise the said office, in the place and stead of him so removed. Clerk or Serjeant guilty of notorious Misbehaviour in the Execution of their Offices, the Court may enquire into the same, and certify the Particulars to the Mayor, who shall thereupon summon a General Meeting 1 of the Commis sioners, and they may suspend or remove the Delinquent Joans 365) di sigmelook A Commissioner who is a Party to, or interested in, any cause depending in the court, is to with draw, after being XVIII. And be it further enacted by the authority aforesaid, That if any of the commissioners of the said court for the time being, shall be party to, or interested in, any cause depending in the said court, such person shall not be capable of acting as a commissioner, in the hearing or determining the said cause, or making any order, decree, or judgment therein, but after being heard in the said cause, shall withdraw until the same is finally determined; and if the clerk or other officer of the said court for the time being shall be a party to or interested in any cause depending in the said court, such clerk or other officer shall not exercise his said office in the said cause, or any thing relating thereto, but the said commissioners, or any three or more of them, assembled at such court, being a majority of the said court, shall and may appoint another person to exercise the office of such clerk or other officer respectively, in all things relating to such cause. XIX. And, for the more effectual establishment of the said court, and Persons who shall that the commissioners thereof may be vested with a proper authority, and be free and exempt from insult and abuse; be it enacted by the authority aforesaid, That if any person or persons shall contemptuously heard, till the insult or abuse the court, while sitting, or any of the Members insult or abuse all or any of the commissioners, or other officers of fully said court, for the time being, during their sitting in the said court, or going to or from the said court, or shall interrupt or obstruct the proceedings of the said court, it shall and may be lawful for the serjeant of the said court, with or without the assistance of any other person or persons, by order of the said commissioners, or any three or more of them, being a majority of the said court, to take such offender or offenders into custody, and carry him, her, or them before the mayor, or any other justice or justices of the peace for the said town, and upon the insult, abuse, or other misbehaviour as aforesaid, being duly proved by the oath or oaths of one or more credible witness or witnesses, the said mayor, justice or justices, shall punish every such offender, either by fine not exceeding forty shillings, nor under five shillings, upon any one person for any one offence, to be levied by distress and sale of the goods of such offender; or imprisonment in the common gaol of the said town for any space of time not exceeding two months; and where the said mayor or justices shall have imposed a fine upon such offender, and there shall not be found sufficient goods of such offender whereupon such fine can be levied, the said mayor, justice sor justices, shall and may by warrant under his or their hand and seal, or hands and seals, commit the said offender to the common gaol of the said town, there to remain for any space of time not exceeding two months; and all such fines as aforesaid shall, when raised or levied, be paid and applied in like manner as the fines hereinbefore mentioned are directed to be paid and applied; and the said clerk of the said court for the time being shall, from time to time, cause a true copy of this clause to be fixed up in the said court or place where the said commissioners shall meet, in some conspicuous part thereof where the persons resorting to the said court may see and read the same. XX. And be it further enacted by the authority aforesaid, That no action or suit for any debt not amounting to the value of forty shillings, and recoverable by virtue of this act in the said court of requests, shall be brought against any person or persons in any other court whatsoever, and concerning which any order, decree, or judgment, shall have been before made or given in the said court of requests; such order, decree, or judgment, being pleaded or given in evidence, on the general issue of such action or suit, shall, as to the matters contained therein, be an effectual bar to the plaintiff or plaintiffs in such action of suit; and the registers or books of entry of the said court, or true copies attested under the hand of the clerk of the said court of requests for the time being, and proved by the oath or oaths of one or more credible witness or witnesses, shall be deemed legal evidence of the acts and proceedings of the said court of requests;* and no suit which shall be commenced in the said court of requests in pursuance of this act, nor any proceedings therein, shall or may be removed into any superior court, but the same shall be final and conclusive to all intents and purposes. XXI. Provided always, and be it enacted by the authority aforesaid, That this act or any thing herein contained shall not extend to any debt for rent, upon any lease or contract, where the title of any lands, tenements, or hereditaments, can or may come in question, nor to any debt, matter, or thing, that shall or may arise upon, or in anywise relate to or concern any cause of testament or matrimony, or any thing concerning or properly be`longing to the ecclesiastical courts, nor for any debt for any money or thing won at or by means of any horse race, cock match, wager, or any kind of gaming or play, nor for any forfeiture upon any penal statute or by-law, nor to any debt whereof there has not been a contract, acknowledgement, undertaking, or promise, to pay within six years before the taking out the summons, although the same shall be under the value of forty shillings. 2. Geo. 11 c3:38 thereof, going to or from the same, or shall interrupt the Proceedings, may be punistied by Fine or Imprisonment. 69* sig. I A Where the Fine cannot be levied, the Offender is to be committed. Application of the said Fines. Copy of this Clause to be fixed up in the Court. Action for Debts recoverable in this court are not to be brought in any other. The Registers of the court, or true Copies thereof, deemed legal Evidence. not liable to be Proceedings, &c, removed into a superior court. Specification of recoverable in XXII. And be it further enacted by the authority aforesaid, That if any Penalty on wilful person or persons, in making oath, or giving evidence in any cause or matter and corrupt depending in the said court of requests pursuant to this act, shall commit Perjury, wilful and corrupt perjury, such person or persons, being duly convicted thereof according to law, shall incur and suffer such pains and penalties as any other person or persons convicted of wilful and corrupt perjury, is, are, or shall be subject and liable to by the laws and statutes of this realm. nie The following part of this Sec. was repealed by 48 Geo. III. c. 109, s. 22, post. 2 Geo. III. c. 38, The respective Correction are to court, on Penalty No Attorney to be admitted as an Advocate in a Cause; nor to speak in the court where he is not a Party or Witness on Penalty of 20£.; nor to act as a Commissioner. Witnesses being duly summoned, refusing to appear and give Evidence, may be fined by the court, not exceeding 50s. nor less than 10s, to be levied by Distress and Sale, and paid over to the party injured. Officer of the gaol XXIII. And be it further enacted by the authority aforesaid, That the respective keepers for the time being of the common gaol or house of rection within the said town shall, and they are hereby required to re and take into their custody respectively all and every person and persons who shall be committed, or ordered to stand committed, by any three or more of the said commissioners present in court, being the majority of such court, or by virtue of any warrant, attachment, execution, or other process issuing out of the said court of requests; and in case the keeper of the s said or house of correction respectively, shall neglect or refuse to receive and take into his custody any person or persons committed by virtue of act, or shall, before the expiration of the time for which any person our persons shall be committed to his custody, discharge such person or persons out of his custody, or wilfully suffer such person or persons to go at large, without a warrant or order for that purpose in writing, signed in court by three or more of the said commissioners (being a majority of the said commissioners present) such keeper respectively offending in either of the said cases, and being thereof convicted before any one or more of his Majesty's justices of the peace for the said town and county, upon the oath of one or more credible witness or witnesses, or upon his own confession, shall forfeit and pay for every such offence a sum not exceeding five pounds, nor less than forty shillings, of lawful money of Great Britain, at the discretion of such justice or justices; and such sum shall be immediately paid by the person so offending into the hands of the justice before whom such offender shall be convicted, or, in default thereof, shall be levied by distress and sale of the offender's goods, by warrant under the hand and seal of such justice, rendering the overplus (if any be) to such offender, the charges of such distress and sale being thereout first deducted; which forfeiture, when paid or levied, shall be immediately paid and applied in like manner as the fines herein before mentioned are directed to be paid and applied. XXIV. And be it further enacted by the authority aforesaid, That no attorney of any court of record shall be admitted to appear in the said court of requests as attorney or advocate in behalf of any plaintiff or defendant, or be admitted to speak in any cause or matter before the said court, in which such attorney is not himself a party or witness, under a penalty of twenty pounds, to be levied by distress and sale as above mentioned with respect to keepers of the said gaol or house of correction; nor shall any such attorney act as a commissioner in the said court of requests, any thing herein before contained to the contrary notwithstanding. XXV. And be it further enacted by the authority aforesaid, That in case any person or persons residing within the said town and county, shall be duly served with a subpæna or summons, to be issued by the clerk of the said court of requests, at a time and place in such subpana or summons mentioned, to give evidence on behalf of any plaintiff or defendant, shall neglect or refuse to appear pursuant to such subpæna or summons, and due proof being made of the service of such subpæna 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 subpæna 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 subpæna or summons issued, that the person or persons served therewith was or were a material witness 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 then five shillings; to be levied by distress and sale of the offender's goods, by warrant under the hands and seals of the said commissioners, or any three or more of them, rendering the overplus (if any) to such offender, the charges of such distress 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 subpana or summons issued. ர் XXVI. And be it further enacted by the authority aforesaid, That of No Writ may be sued against any writ shall be sued out against, nor any copy of any process at the Commissioner or any person or persons shall be served on any of the said commissioners, or court, for any any of the officers of the said court for the time being, for any thing by him thing done in the of them done in the execution of his or their respective office or office's si bas gheq bas visa 15% 70% af aged to disd 2tasbastab until notice in writing of such intended writ or process shall have been delivered to him or them, or left at the usual place of his or their abode, by the attorney or agent for the party who intends to sue, or cause the same to be sued or served, at least one calendar month before the suing out or serv ing the same; in which notice shall be clearly and explicitly contained the cause of action which such party hath, or claimeth to have, against such commissioner or officer; on the back of which notice shall be indorsed the name of such attorney or agent, together with the place of his abode, who shall be entitled to have the fee of twenty shillings for the preparing and serving of such notice and no more. XXVII. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for such commissioner or officer, at any time within one calendar month after such notice given as aforesaid, to tender amends to the party complaining, or to his attorney or agent; and in case the same shall not be accepted, to plead such tender in bar to any action to be brought against him, grounded on such writ or process, together with the plea of not guilty, and any other plea, with leave of the court; and if, upon issue joined thereon, the jury shall find the amends so tendered to have been sufficient, then they shall give a verdict for the defendant; and in such case, or in case the plaintiff shall beco:ne nonsuited, or shall discontinue his or her action, or in case judgment shall be given for such defendant or defendants, upon demurrer, such defendant shall be entitled to the like costs as he would have been entitled unto in case he had pleaded the general issue only; and if, upon issue so joined, the jury shall find that no amends were tendered, or that the same were not sufficient, and also against the defendant or defendants in such other plea or pleas, then they shall give a verdict for the plaintiff, and such damages as they shall think proper, which he or she shall recover, together with his or her costs of suit. XXVIII. And be it further enacted, That no such plaintiff shall recover any verdict against such commissioner or officer, in any case where the action shall be grounded on any act of the defendant, as a commissioner or officer, unless it is proved upon the trial of such action, that such notice was given as aforesaid; but in default thereof, such commissioner or officer shall recover a verdict and costs as aforesaid. XXIX. And be it further enacted by the authority aforesaid, That in case such commissioner or officer shall neglect to tender any amends, or shall have tendered insufficient amends before the action brought, it shall and may be lawful for him, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such sum of money as he shall see fit; whereupon such proceedings, orders, and judgments shall be had, made and given in and by such court, as in other actions where the defendant is allowed to pay money into court, XXX. And be it further enacted, That no evidence shall be permitted to be given by the plaintiff, on the trial of any such action as aforesaid, of any cause of action, except such as is contained in the notice hereby directed to be given. Do 335 No Evidence to be given on the Trial, but what is contained in tiap the Notice. Limitation of XXXI. And be it further enacted by the authority aforesaid, That if any action or suit shall be commenced against any person or persons, for any Actions. matter or thing done or to be done in pursuance of this act, such action or suit shall be brought or commenced within six calendar months next after the cause of action shall arise, and not afterwards, and shall be laid and brought in the town or county of Kingston-upon-Hull, or in the county of York, and not elsewhere; and the defendant or defendants on such action or suit shall and may plead the general issue, and give this act and the General Issue. special matter in evidence at any trial to be had thereon; and if it shall happen to be done in pursuance of this act, or that such action or suit shall be brought after the time hereinbefore limited in that behalf, or shall be brought in any other county or place than as aforesaid, then the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuited, or discontinue his, her, or their ir 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 such costs as are usually taxed and allowed between Treble Costs, party and party, and have such remedy for the same as any defendant or defendants hath or have in any other cases by law. ? |