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XVIII. And as it may happen that persons served with process issuing 48 Geo. 111. out of the said court, may in order to avoid execution remove their persons and effects beyond the limits of the jurisdiction of the said court; Be it

e. 109. therefore enacted, That in all cases where a final decree or judgment for any sum exceeding ten shillings shall have been obtained in the said court, it Debtors abscond. shall and may be lawful to and for any of his Majesty's courts of record at ing or removing Westminster, upon affidavit made and filed of such decree or judgment Goods to avoid being obtained and of diligent search and enquiry having been made after het

Execution, may

be taken in the person or persons of the defendant or defendants, or his, her, or their 'Execution on goods and chattels, and of the precept of execution having issued against Process froin the bris, her, or their person or persons or effects, as the case may be, and that superior Courts. the person or persons, goods and chattels of such defendant or defendants is or are not to be found within the jurisdiction of the said court, which affidavit may be made before a judge or commissioner authorized to take affidavits, in any of his Majesty's courts of law at Westminster; and it shall and it may be lawful for such superior court to cause the record of the said decree or judgment to be removed into such superior court, and to issue writs of execution thereupon to the sheriff of any county, city, liberty, or place, against the person or persons or effects of the defendant or defendants. in the same manner as upon judgments obtained in the said courts at West. minster; and the sheriff upon every such execution shall and he is hereby authorised to detain the defendant or defendants until the sum of twenty shillings be paid to him, or to levy the same out of the effects, according to the nature of the execution, for the extraordivary costs of the plaintiff or plaintiffs in the said court subsequent to the said decree or judgment, and of the execution in the superior court, over and above the money for which such execution shall be issued.

XIX. And be it further enacted, That each and every person imprisoned by virtue of this act, shall on the expiration of his or her time of imprison. Debtors not

. liable to pay ment be discharged and set at liberty, without paying any sum or sums of Gaol Fees money, fee or fees, or other reward or gratuity whatsoever to the keeper or keepers, or turnkey or turnkeys of the said prison, or others, by way of gaol fees or discharge fees or on any other pretence whatsoever; and if any keeper or keepers, turnkey or turnkeys of the said prison, or any other per. sons whatsoever shall demand, take, or receive any fee or fees, sum or sums of money whatsoever upon the discharge of any person or persons so com. mitted to bis or their charge or custody as aforesaid, or shall keep or detain any such person'or persons a prisoner or prisoners after the time by this act limited for his, her, or their imprisonment; and that every such keeper, turnkey, and other person shall for every such offence forfeit and pay the sum of twenty pounds, and such offence shall be heard and determined, and such and the like penalty shall be imposed and be recovered, in the same manner as in such and the like cases is prescribed and directed in and by an act passed in the twenty-sixth year of the reign of his present Majesty, intituled, “ An Act for regulating the time of the imprisonment of debtors “imprisoned by process from courts instituted for the recovery of sma!! * debts, for abolishing the claim of fees of gaolers and others in the casos of * such imprisonment, and for ascertaining the qualifications of the commissioners.”

XX. And be it further enacted, That the several fees and sums of money hereinafter limited and expressed and no otber shall be taken by the clerk Fees to be taken

by the Clerk aud and serjeant or other officer of the said court of requests for the time being,

18; Serjeant. for their several and respective services in the execution of the said recited act and of this act, in lieu and stead of the fees and sums of money limited and expressed in the said recited act (that is to say ;)

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48 Geo. III.

c. 109.

Table of Fees.


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what On Debts On Debts :

above ten above forty JOn Debtsnot

Shikings Shillingsexceeding

and not and not

exceeding | exceeding


Shillings. Pounds.

8. d. 1

s. d. 1 S. d. Il Entering every cause

1 1 0 13-4691T Issuing every summons

0:18:995 For calling the plaintiff and defendant before the court and entering appearance.

O 30rur Issuing every subpæna for the attendance

birit of not more than two witnesses'. . .

101 1 6 Du Por a nonsuit on the plaintiffs not appearing . . . . . . . . .

li 02.03.11

. . For every hearing . . .

. .

1 0 1 60
Entering and drawing up every order . .
Paying money in full into court, and enter.
ing the same in his book . . . .

16:23 Paying money by instalments . . . .

1.09.17 Issuing every attachment, precept, order, or execution . . .

1.2 6: Acknowledging satisfaction in part or in full

O-6 For every search in the book

0 2 1 0 3 0 6 . Swearing every witness . . .

10 40 60 For every supersedeas of a debtor charged in execution . . . . . . .

0910 0 .

For every warrant of commitment for an

insult or misbehaviour in the court, or
to the commissioner's clerk or other

officer of the court
For recovering money out of court ...10 3 6 10

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For the service of every summons, order,

or subpæna, in the town . . . . . 0 30 60 9 If.out of the town, for every mile extra . 20 3 0 3 For the execution of every warrant, precept,

or attachment against the goods or body

in the town . . . . . . . . .
If out of the town, for every mile extra .
If an assistant serjeant be necessary in the

judgment of the commissioners, then for
the assistant in the town . . . . .

To 4 10 8 10
If out of the town, for every mile extra .lo 2 2 O 3 0 3

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A table of which said fees shall be hung up by the clerk of the said court in some public and conspicuous part of the court house or other place where the said commissioners shall meet for the purposes aforesaid, to the end that all persons concerned may at all times see and read over the same.

XXI. 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 fees than as 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 exceed. ing twenty pounds 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 the overplus (if any) after the charges of such distress and sale are deducted; which fine

and fines when recovered shall be paid to the treasurer or treasurers for the 48 Geo. III. time being of the governor, assistants, and guardians of the poor of King

č. 109. ston-upon-Hull aforesaid, for and towards the maintenance of such poor as shall or may be chargeable to the said town. XXII. And whereas by the said recited act it is (amongst other things) Renerling cart

& Repealing certain enacted, That no suit which shall have been commenced in the said court Restrictions in of requests in pursuance of the said recited act, nor any proceedings there, the said Act. in, shall or may be removed into any superior court; Be it therefore enacted, That the said provision shall be and the same is hereby repealed and declared null and void.

XXIII. And be it further enacted, That no action or suit shall be com- Limitation of menced against any person or persons for any thing done in pursuance of Actions against

the Commis. the said recited act and of this act or either of them, or on account of any

sioners, &c. order, deterinination, judgment, or decree of any of the said commissioners, acting under until twenty one days notice thereof shall be given in writing, to be left at this Act. the office of the clerk of the said court, or after sufficient satisfaction or tender thereof hath been made to the party or parties aggrieved, or after six calendar months next after the cause of action shall arise ; and the defendant or defendants in such action and suits, and every of them, may plead the May plead the general issue, and give this act and the special matter in evidence at any General Issue. trial or trials which shall be had thereupon; and if the plaintiff or plaintiffs If Plaintiff shall be nonsuited, or if a verdict or judgment shall be given for the non-suited or

Verdict for defendant or defendants therein, then and in either of the said cases such

Defendant, defendant or defendants shall have treble costs, and shall have such remedy 'Treble Costs. for recovering the same as any defendant or defendants may have for his, her, or their costs in any cases by law.

XXIV. Provided always, and it is hereby enacted, That the said recited Recite act, and all powers, provisoes, clauses, matters and things therein respec. except where tively contained, shall so far as the same are not hereby expressly repealed bereby repealed

or otherwise or otherwise provided for, and are not inconsistent with any of the pro

provided for visions of this act, continue and be and the same are hereby declared to be extended to in full force, and shall extend and be construed to extend to all and every this Act. person or persons to whom this act doth or shall extend, in the same manner as if the same were herein contained and expressed. XXV. And be it further enacted, That this act shall be deemed and taken

Public Act. to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.

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ACCOUNTS. See Auditors, Commissioners, Governor and Guardians, Trustees.
of Trustees for Burial Ground for Holy Trinity

to be entered in a book
to be made up every year

rate payers may inspect
of Trustees for Burial Ground for Sculcoates

to be entered in a book

rate payers may inspect
of Governor and Guardians of the Poor

to be made and published annually

of Dock Company

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to be audited at annual meetings
to be made and delivered to each Shareholder annually .

separate to be kept of Old Dock and Humber Dock,

to be produced to Mayor and Burgesses and Trinity

House, on notice
of Commissioners of Pilot Act

to be kept .
to be audited annually

of expences of obtaining Pilot Act, to be kept

and deposited with clerk of the peace

how money for, to be raised

against persons acting under Gaol Act and Act for Burial Ground for
Holy Trinity.

notice of, to be given
amends may be tendered before

limitation of

plaintiff nonsuited, &c. in, to pay treble costs
by and against trustees of Christ's Church

to be brought in the name of their treasurer
against persons acting under Christ's Church Act

notice of, to be given
limitation of

plaintiff nonsuited, &c. in to pay treble costs .
against persons acting under Sculcoates Burial Ground Act

notice of, to be given
amends may be tendered before .
limitation of,

trustees and inhabitants may be witnesses in
against persons acting under Act for relief of the Poor
limitation of

amends may be tendered before

plaintiff nonsuited, &c. in, to pay treble costs
against persons acting under Hull Improvement Acts
limitation of,

84, 90, 103, 150.
amends may be tendered before

90, 102, 150.
notice of, to be given

ib. ib. ib.
plaintiff nonsuited, &c. in, to pay treble costs : 84, 91, 103, 151
by and against commissioners of Myton Act
to be brought in the name of their clerk . . 113


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