« PreviousContinue »
[Part V. 711 s a a ilerle ze 9. :49 693
109 bisz sit to 10 2 Geo. III. XXXII. And be it further enacted by the authority aforesaid, That this.. 38" act shall be deemned, adjudged, and taken to be a public act, and be judicially
taken notice of as such, by all judges, justices and other persons whomsoas m
ever without the same being specially pleaded. , !98 zidqd meris Public Arranc C itat) olio
ad AB . Dvoflisda at isa L
D beide 1936 to 09 - neowa ob. l .
93 oj shami
n soontag 12 fleca as
An dct to amend and enlarge the powers of an Act passed in
the second year of his present Majesty, for the more easy and speedy Recovery of Small Delts in the town and county of
the town of Kingston-upon-Hull.asset tuled to Preamble.
I. WHEREAS an act was passed in the second year of the reign of his 2 Geo. 111. present Majesty, intituled, “ An Act for the more easy and speedy recovery
“ of small debts within the town and county of the town of Kingston upons Hull," which hath been found useful and beneficial, but the same is in some respects defective and insufficient fully to answer the good purposes therezi by intended.
A da yeri yoo noua vzorg II. And whereas it would greatly tend to the improvement and encouco ragement of trade, and to the necessary support and protection of useful credit within the said town and county, if the powers of the court con stituted by the said recited act of parliament were extended to the recovery of debts not exceeding five pounds, and if the number of the commissioners of the said court were enlarged, and if the powers and provisions of the said act were in some other respects altered, amended and enlarged; 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 parliament assembled, and by the authority of the same, That so much and such parts of the said recited act of the second year of the reign of his present Majesty as confine or restrain the cognizance or jurisdiction of the court of requests for the said town and county of the town of Kingston-upon-Hull, to debts under the value of forty shillings, shall from and after the second Monday
next after the passing of this act be and the same are bereby repealed. ad of Commissioners.
III. And be it furtber enacted, That the mayor and aldermen of the town of Kingston-upon-Hull for the time being, together with the following
persons, videlicet, John Storm, John Chapman, William Martin, John supra A Ferraby, Robert Simpson, William Shackles, George Spence, John Spence, ?/) William Burland, George Chapman, Edward Chapman, William Levete,
John Lawson, Jobn Simpson, William Hall, Thomas Waltham, John West, John Briggs, Harrison Briggs, John Hudson, Samuel King, Charles News bald, Edward Johnson, Thomas Locke, William Horncastle, William Corlass, Christopher Bolton, George Coulson, John Newmarch, Caius Thompson, William Smith, John Burstall, Richard Southerne, George Alder, William Todd, Anthony Jones, George Rudston and Thomas Ellison Collinson, shall be and they are hereby appointed commissioners for putting the said recited act and this act into execution, and that they the said commissioners now and hereafter to be from time to time elected and appointed, or any three or more of them, shall and may from time to time have full power and authority to hear, examine and determine all such matters of debt as are hereinafter mentioned; and the said commissioners and their successors are hereby constituted a court of justice by the name of “The Court of Requests “ for the town, port, and county of the town of Kingston-upon-Hull;16 and they the said commissioners or any three or more of them shall and they are hereby empowered and required to meet and hold the said court on the same days and at the same time and place as the same have been heretofore usually held under and by virtue of the said recited act, and that the first court to be held by the said commissioners under this act shall be on the
in two first of the said court days under the said recited act as shall be next in 48 Geo. III. course after the passing of this act. p? b933549 ma di 4, 51% UZ
loss IV. And be it further enacted, That no person shall be capable of acting : as a commissioner in the execution of any of the powers and authorities given by this act or by the said recited act after the passing of this actis until he shall have taken an oath to the effect following (that is to say ;) Commissioner'a “LA. B. do swear (or, being one of the persons called quakers, do affirm] Oath and Quali
"- that I will faithfully, honestly, and impartially, according to the best tication.
" this act] or of so much of the same stwo acts] as now [are or] is in as "force, and that without favour or affection, prejudice or malice to any baperson or persons whomsoever; and also that I am a householder 20 "within the jurisdiction of the said court, and that I am possessed of a " « real estate of the annual value of fifty pounds, or of a personal estate - “ of the value of one thousand pounds, above all charges or incum
“ brances whatsoever. 210 10 1349794 inc
the "So help me God.” Which oath shall be in lieu and stead of the oath mentioned or prescribed in the said recited act, and which said oath hereinbefore mentioned or contáinea, the clerk of the said court for the time being or his suficient deputý. is hereby empowered and required to admiuister in open court, and each and every such commissioner shall and he is hereby required (after taking the said oath) to sign and subscribe bis name upon a roll or rolls of parchment to be provided for that purpose with the said oath written or printed thereon: and such roll or rolls shall be carefully kept among the records of the said court..! " - V. And be it further enacted, That no person shall be henceforth qualified Qualification of to act as a commissioner in the execution of this act or of the said recited Commissioners. act, unless he shall at the time of acting be a householder within the juris-s diction of the said court, and possessed of a real estate of the annual value of fifty pounds, or of a personal estate of the value of one thousand pounds, over and above all charges and incumbrances whatsoever; and if any person Penalty for not being qualified as aforesaid shall presume to act as a commissioner in acting, without
Qualification. the execution of this act, every such person shall for every such offence (over and above any punishment that he may be subject, and liable to for wilful and corrupt perjury) forfeit and pay the sum of fifty pounds together with full costs of suit to any person or persons who shall sue for the same, to be recovered in any of his Majesty's courts of record at Westminster, by action of debt or on the case, by- bill, plaint, and information, the proof of which qualification shall be on the defendant, and it shall be sufficient for the plaintiff or prosecutor to prove that the personu so sued on prosecuted bad acted as a commissioner in the execution of this act 2 provided liever Acts of unquili. theless, that all judgments, orders, decrees, acts, and proceedings of all and fied Commis.
sioners good every person and persons acting as a commissioner or commissioners in the he
e before Convic. exécution of this act, though not duly qualified as aforesaid previous to his tion. or their being convicted of such offence, shall notwithstanding such con: viction be as valid and effectual as if such person or persons had been duly qualified according to the directions of this act.. . Here uit: UVI. And for better regulating the sittings of the said court, Be it
a further enacted, That the said commissioners shall not hold the said court, the sittings of or hear or determine any case or cases, cause or causes, by virtue of the said the Court. recited act or of this act but between the bours of three of the clock in the afternoon and eight of the clock in the evening, and nothing in this act contained shall extend or be construed to extend so as to require or compel the attendance of any plaintiff or plaintiffs, defendant or defendants, witness or witnesses, in the said court, in pursuance of any order or-summons issued out of the said court, or by any person or persons whomsoever acting as an officer or officers of the said court, save and excepti between the said hours of three of théielock in the afternoon and eight of the clock in the evening. 9707TRT And be it further enacted, That the clerk and serjeant or other officers a officer of the said court nominated or appointed by virtue of the said recited pointed by odt no 90 lleda iis aing 195rses 81900iadamu Wigas h ite 3d 2009
48 Gen. III. act, shall hold and enjoy their several and respective offices and employc. 109.
ments in the same manner as if the said recited act had not been hereby altered, amended, or enlarged. ,
VIII. And be it further enacted, That in case of the death or refusal or former Act to incapacity to act of any of the said commissioners herein named or hereafter, continue until to be elected for the carrying this act into execution, or of the death or
; removal of the present or any future clerk or clerks, serjeant or serjeants, Election of new or other officer or officers of the said court, or in case it shall at any time Comniissioners hereafter be found necessary to have any other or additional serjeant or and Oficers.
sérjeants of the said court, the vacancy or vacancies so to be thereby occasioned shall be from time to time filled up and supplied, and any other or additional serjeant or serjeants so found to be necessary shall be elected and chosen in such manner * as by the said recited act is in the event of any such vacancy or vacancies respectively provided for; and such clerk or clerks, 'serjeant or serjeants so to be chosen in the room of any clerk or clerks, serjeant or serjeants, so dying or being removed as aforesaid, and such other or additional serjeant or serjeants, shall be subject to the like pains and penalties and powers of removal, and to the like rules and regulations as are expressed and contained in the recited act, and as the present clerk and serjeant or either of them are or is respectively subject to P s to the passing of this act.
ix. And be it further enacted, That from and after the said second Debtors to be
Monday next after the passing of this act, it sball and may be lawful to and summoned before for any person or persons (whether such person or persons shall reside Commissioners, within the jurisdiction of the said court or not) having any debt or debts who may make
on the balance of account, or in respect of wages, rent, or arrears of rent or Orders between Parties as they
otherwise howsoever (save and except as herein excepted) not exceeding think fit.
the value of five pounds, due or owing or belonging to him, her, or them, in his, her, or their own right, or in the right of any other person or persons, or as executor or administrator, guardian, assignee, or trustee to any person or persons, or due or owing to him as chamberlain, town clerk, or other officer to any body corporate, as collector of any rates or taxes, or as clerk or other officer to any commissioners of taxes, or of any drainage or other wise, or to any club or friendly society duly associated and constituted by the statutes in that case made and provided, or in any other manner whatsoever, which the said commissioners are by this act enabled to judge and determine, and not expressly prohibited by this act, by or from any other person or persons whomsoever inhabiting, residing, or being within the said town of Kingston-upon-Hull or the county of the same town, or keeping and using any house, warehouse, wharf, quay, lodging, shop, shed, stall, or stand, or generally using and frequenting the markets there as a dealer, or seeking a livelihood or sailing or navigating to and from the said port and haven of Kingston-upon-Hull aforesaid, to apply to the clerk of the said 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 a summons in writing under the hand of the said clerk in such form, and to such effect, tenor, and purport, and which shall be forthwith served on such debtor or debtors in the manner prescribed by the said recited act, and as hath been heretofore used and accustomed in respect thereof; and upon due proof made of the service of such summons, the said commissioners present in court (the number of such commissioners present not being less than by this act directed) are hereby empowered and required to make due enquiry concerning such demands or plaints, and make such order or orders and decrees therein, and pass such final sentence or judgment thereupon, and award such costs of suit as to them shall seem meet and most agreeable to equity and good conscience, and they are also hereby empowered to order
and direct the payment of any such debts to be made either in one sum at Debts may be
once or by instalments at stated periods as they shall see cause and deem made payable instalments. just and reasonable. n
1,, I susior! X. And be it further enacted, That the said commissioners shall and they
are hereby required to make or cause to be made fair and regular entries in Commissioners to enter their
a book or books to be provided by them for that purpose, of all the judg. Proceedings in ments, acts, orders, directions, regulations, and proceedings of them the said a Book, commissioners, relative to the execution of the several powers and autho.
• See 2 Geo, IIT, c. 38, s. 2, 15, page 328, 331, ante.1 DENSII 4 8
rities vested in them by the said recited act and this act, and also of the 48 Geo. III. names of the commissioners who shall be present at their respective nieet
109 ings; and such entries shall be signed by the chairman of each respective meeting ; and such entries when so signed, and such book and books, shall be allowed to be read in evidence, in proof of the proceedings of such court, in all courts whatsoever.
XI. Provided always, and be it further epacted, That nothing in the said Commissioners recited act or in this act contained shall extend or be construed to extend not to determine so as to enable the said commissioners to determine the right or title to any any Cause where
the Title to Land lands, tenements, or hereditaments, or real estates whatsoever, or to judge, is to be brought determine, or decide on any debt where the title of the freehold or lease for in question. years of any lands, tenements, or hereditaments, or of any chattels real what. soever, shall be brought or come into question ; nor on any debt for any sum being the balance of an account or demand originally exceeding five pounds, or to judge, determine, or decide on any debt that shall arise by reason of the occupation of lands, tenements, or hereditaments situate else. where than in the said town and county, or by reason of any cause concerping testament or matrimony, or any thing concerning or properly belonging to the ecclesiastical court, or for or concerning any agreement by way of composition for or by way of retainer of tythes.
XII. And be it further enacted, That where any debt shall be due or Where Debt due owing or demanded from any two or more persons jointly, by reason or on from Two Per. account of such persons being partners in trade or otherwise jointly con- sons, sumnioning
one of them shall cerned or liable to pay the same, service of such summons personally on
On be sufficient. 5 any one of such partners or persons, and notice thereof left at the last or usual place or places of abode, warehouse, lodging, shop, shed, stall, stand, or other place of dealing, trading, or working of the other or others of such partners or persons, shall be as good and sufficient as if each of sucb part. rers or persons, were separately summoned as aforesaid. XII. And be it further enacted, That in every case where any wages or Debts due to
Persons under any other sum or sums of money whatsoever not exceeding the sum of five
Age may be pounds, shall be due and owing to any person or persons whomsoever, being recovered. under the age of twenty-one years, it shall and may be lawful for such person or persons to sue for and recover such debt in the said court, in the same manner as if he, she, or they were of full age; and the said commissioners present in the said court are hereby authorised and required to take cognizance of and proceed in all causes concerning such debts in the same manner, and shall have such and the same powers in regard thereto as if the plaintiff or plaintiffs were all of full age.
XIV. And be it further enacted, That nothing herein contained shall Actions not to be extend or be construed to extend so as to enable any plaintiff to split or split for the Pur
pose of bringing divide any cause or action for the recovery of any debt where the whole sum?
ihem before the that shall appear to be due and owing shall exceed the sum of five pounds, Court. in order that the same may be made the ground of two or more causes or actions, for the purpose of bringing such causes or actions within the jurisdiction of the said court; and in case it shall appear to the said commis. sioners that any plaintiff shall have so split or divided his or her causé or "action as aforesaid, then and in every such case the said commissioners sball
and they are hereby required to dismiss with costs every such cause or ac* tion so split and divided, but such dismissal sball not hinder or prevent such plaintiff from proceeding for the recovery of his or her debt in any of his Majesty's courts of record at Westminster, or in such other manner as
Power to reduce be or she lawfully may: Provided always, that in case any plaintiff or
Debts to 5.£. in plaintiffs shall choose to diminish or reduce his or her cause of action, order to sue in
originally exceeding the sum of five pounds, and shall be willing to accept this Court, but - the sum of five pounds, or such other sum of money as the said court is in the sum re.
covered to be and by this act enabled to adjudge, decree, and pronounce, and shall ac. in full. cordingly adjudge, decree, and pronounce, to or in favour of such plaintiff or plaintiffs, in full of the whole of his or her demand, in such cause of action só diminished or reduced, then and in every such case the said commissioners shall and may on such plaintiff or plaintiffs proving his, her, or their cause or cases to the satisfaction of the said commissioters, adjudge, decree, and pronounce to him, her, or them, such sums of money not exceeding the sum of five pounds, as to the said commissioners shall seem just and reasonable, in the same manner to all intents and purposes as if the original cause of action
48 Geo. 11. had been for no more than the sum so adjudged, decreed, or pronounced ; c. 109.
and such sum shall in the judgment or decree to be pronounced by tbe said commissioners, be declared to be and shall be in full discharge of all
demands from the defendant to the said plaintiff in such cause or case so i diminished or reduced, and such judgment or decree shall effectually pre
clude and bar such plaintiff or plaintiffs from suing for or recovering in any FILM : court or courts of law or equity the surplus of the debt or debts in any such cause or causes of action.
On Busio grind Time of ima .XV. And be it further enacted, That no person or persons whomsoever prisopment of to be taken in execution upon any judgment under or by virtue of this act, Debtors limited
shall be committed to custody by order or process of the said court for any debt or debts, or kept or continued in custody on any pretence whatsoever (except in the cases hereinafter provided for) for any longer space or spaces of time from the time of his, her, or their commitment to prison than is or are hereinafter limited; (that is to say) where the debt (exclusive of costs) does not exceed the sum of twenty shillings, then he, she, or they shall not be kept or continued in custody for more than twenty days; and where the debt (exclusive of costs) is above twenty shillings and does not exceed forty shillings, then not more than forty days; and where the debt (exclusive of costs) is above forty shillings and does not exceed three pounds, then not more than sixty days; and where the debt (exclusive of costs) is above three pounds and does not exceed four pounds, then not more than eighty days; and where the debt (exclusive of costs) does not exceed five pounds, then not more than one hundred days from the time of his, her, or their com: mitment; and the gaoler or keeper of the prison to which such person or persons is or are or shall be committed, is hereby directed and required to
discharge such persons accordingly. If any Debtor - XVI. And in order the more effectually to prevent persons summoned conceal Money for debt to the said court from fraudulently concealing money, goods, or or Goods, the 'Time of his
e effects; Be it therefore enacted, That in case upon the summons of any Imprisonment person for any debt or debts before the said court, information of any such shall be enlarged. fraudulent concealment shall be given, and such debt or debts shall be
adjudged to be due and execution shall be thereupon awarded, such court shall have power to hear evidence as to the fact of such concealment; and in case it shall be proved to their satisfaction upon the oath of one or more credible witness or witnesses (which oath the said court is hereby em. powered to administer) then and in every such case it shall and may be lawful to and for the said court to enlarge the aforesaid times of imprisonment of such debtor to any period in addition thereto, not exceeding three calendar months.
XVII. And be it further enacted, That from and after the passing of this Tine of lm. prisonment to act all and every person and persons who shall be taken in execution under extend to each or by virtue of any process issuing from or out of the said court of requests, Execution
and who at the time of being taken into custody or during his, her, or their imprisonment, shall have more than one execution against him, her, or them in the said court, he, she, or they shall be imprisoned the limited time for and in respect of each and every execution (that is to say ;) after the limited time is expired on the first execution the iniprisonment shall commence on the second execution, and after the limited time is expired on the second execution the imprisonment shall commence on the third execution, and so until he, she, or they shall have been imprisoned the limited time for and in respect of each and every separate execution to be issued against him, her, or them in the said court previous to his, her or their being taken
ip custody or during his, her or their imprisonment, any law, statute, or May be super usage to the contrary notwithstanding: provided always, that nothing seded.
herein contained shall prevent or exclude any such person or persons so charged in execution from being entitled to a supersedeas on the payment of the debt or debts and costs awarded, and of such other fees and charges as are hereby or by the said recited act directed or allowed to be paid, in
the same manner as by the said recited act is directed and provided; proProcess not to vided also, that it shall not be lawful to or for the said commissioners to issue against the
issue any process against the body or bodies of any person or persons in any Person and Goods of the same case or cases where the party entitled to the benefit of any order, judgment. Persons.
or decree shall at the same time have obtained any warrant or process against the goods and chattels of the same person or persons.