.JJRI. }V.i: 'I' 0(1 AN For the more fpccdy and eafy Recovery of Small Debts in the Town and Borough of Grhnjhy, and the Liberties thereof, and in the feveral Pariilies and Places therein mentioned, in the County of Lincoln. J^*A3?SJ|^(j^ia(2£a@ the Town and Borough of Grimjhy is Preamble. ^ ^TTl \& """"^"'^ connccfled in Trade and Bnliners with the feveral fi '"^^ Xj PariflTcs and Places in the Wapentake or Hundred of ■^!_,_^,^ H Bradley Haverjioe, and the Eaft Divifion of the Wapen- take or Hundred o^Tarborough, in the County of Lincoln j all of which Paridies and Places adjoin or are near to the faid Town and Borough, And the Inhabitants and Trade of the laid Borough, and of the faid Parities and Places refpedlively, have of late years very inuch increafed, by reafon of the Haven of the faid Town having been rendered commodious for Shipping and Navigation; and that many Perfons rcfort to the fiid Town, both by Sea and Land, from molt Parts of the United Kingdom, and from Forei-^n Countries : And whereas the Merchants, Tradefmcn, and Inliabitants of the faid Town and Borough, and Parifhes and Places refpedtively, are, for the Purpofe of recovering Small Debts, under the refpeiflive Jurildidlions to which by the Common Law they muft at prefent refort, obliged to be at an Expence fometimes far exceeding, and in all Cafes highly difproportioned to, the Value of the Sum in Conteft: 65. And doners. [ = ] And whereas it would greatly tend to the Improvement and Encouragement of Trade, and to the neccfl'.ry Support and Pro- tedlion of ufeful Credit in the faid Town and Borough, and in the faid Parifhes and Places, were fufficient Powers vcfted in Commif- ■fjoners to hear and deLcrmlne Plaints concerning fuch Debts in a fummary way: Bjt as the fame cannot be effedted without the Aid and Authority of Parliament ; May it therefore pleafe Your M A J E S T Y, That it may be EnaRed; attlD 6C it CnatteD by the K I N G 's Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Antiiority of the fame. That ■Toinmif- the Honourable Charles AnderJ'on Pelham, the Honourable George Peiham, the Mayor, Aldermen, Recorder, High Steward, and Town Clerk, of th.e Borough of Grimjby for the Time being, Jcfeph Arming fouy 'John Beatmjj'e, John Smicn Bnmdjlrorn, V/iUiam Grantham^ 'Thtophilus Hariicis, John Loft, Charles Mar.by, William Majjhall, William Meliip, IlilUam Ojhorne, U'iliu;m Richard/on, George Tennyfon and Charles Tenriyjon, El'quires, John Parkin- Jhn, Dodlor in Divinity, Marmaditke Alington, Clerk, Samuel Byron, Clerk, Thomas Dixon, Clerk, David Field, Clerk, John Grantham, Clerk, George Gray, Clerk, Charley Wray liaddclfeyy Clerk, George HoliivcU, Clerk, Robert Leake, Clerk, John Parkin- Jin, Clerk, JoJeph Stockdale, Clerk, and IVilliam Tborold, Clerk, togetiier with Jofeph Ajhton, William Bancroft, Thofnas Barkiuortb the younger, Thomas Barnard, IVilliam Bates, John Bee, Chrifopher Bell, Thomas Bell, Robert Bell, William Bennett, Richard Birkctt, Hewfon Bonfor, John Borman, Richard Borman^ Benjamin Borrell, Edward Bo'wer, Henry Boiver, Samuel Boicling, Thomas Bradley, John Bratton, Richard Brocklcby, Jofeph Brown, James Brown the younger, Thomas Buringham, John Carr, Edicard Carritt, Edmund Heivjon Carritt, John Carritt, Thomas Carritt, John Chapman, Benjamin Chapman, Jfcph Clarke, Thomas Clarkfon, John Codd, Robert Cooke, John Corden, Thomas Cortis, Be?ijamm Dannatt, William Dickinfon, Chrijlophcr Epu-orth, Francis EpTi-orth, Francis Ep'ivorth the younger, Matthew Faiocetty Robert Faiacett, Richard Fijhwick, John Fcord, William Fojler, John Garnijs, Samuel Goulding, James Goidton, Jofeph Hill, William HollinJJjcad, William Holland^ Francis Hudjbn, John Huj'ton, Robert Joys, Thomas Kir by, Jofeph Laceby, El jab Lambden, Anthony Lijfer, Thomas Lumley, Richard Marris, Richard Marf:, IVilliam Marjball, John [ 3 ] '^fohn MarP^all, Michael Marpdll, Jojlph Maug'jcw, Richard Mautby, William Maul by, Jacob Michael, Charles TSainhy, Charles Ne-vile, John Nichols, John Nicholjon, Jofeph Odling, Francis Overton., Wilham Parker, Robert Peters, jcjeph Fhillipfon, JcJJjua Plajkitt, Jofrph Plajkitt the younger, Richard Raby, Richard Raby the younger, Richard Rondley, Samuel Robfofi, Johi Sheardoian, Edivard She! ton, James Simonds, Philip Skipworth, George Smith, John Smith, Thomas Spri/ig the younger, Robert Story ^ Samuel Tempel, William Torr, Thomas Travis John Walejby, Thomas Ward, IVilliafu Wells, Taylor White, IVilliara Whitehead, Robe^'t Wider ton, George Williamfon, WUUamlVilfon, George Whitioorih \in<\ TheophilusWoolmer, Gentlemen, rn:ill be and are hereby appointed CommliTioners for the Recovery of Small Debts within the faid Borough of Gn;;?;^j, and the Liberties ttiereof, and in the feveral Parifhes and Places within the Hundred or Wapentake of Bradley Havcrjloe, and the Eaft Divifion of the Hundred or Wapentake of Tarborough, in the County of Lincoln ; and the faid Commiflioners and their Succeflbrs, are hereby con ftituted a Court of Juftice by the Name of " The " Court of Rcqueils for the Borough oi Grimjby, and the Liberties " thereof, and the feveral PariQies and Places in the Hundred or *' Wapentake o£ Bradley Havcrjioe, and the Eaft Divifion of the " Hundred or Wapentake oi Tar borough, in the County o'i Lincoln ;" and the faid Commiflioners are hereby empovv-ered and required to „^ .- meet and to hold t[ie faid Court on Weanefday in every Week, in the Tovvn Hall of the fiid Borough, or in feme other convenient Place within the fame Borough, to be appointed by the major Part of the faid Commiffioners for that Purpofe afieujbled ; and the Firfi: Meeting of the faid Commifiioners (hall be hclden on the Third Wednefday after the pafling of this Ad; and the f\id Commiflioners, or the major Part of them prefent at their Meetings, to be duly holden in purfuancs of this Aft, are hereby authorized and em- powered to hear and determine all fuch Aftions and Caufes as are hereinafter mentioned, and to give fuch Judgments, and to make fuch Orders and Decrees therein, and to award Execution there- upon, with the Cofts, againft the Body or Bodies, or againfl; the Goods of all and every the Perfon and Perfons againft whom Ihey fhall give any fuch Judgment, or make any Order or Decree, as to them fiiall feem juft in Law or Equity ; and in cafe of an Equality of Votes on any Action, Caufe, or Queftion before the faid Com- miflioners, then and in every fuch Cafe the Commiflioner prefent, who ftands firft in the Lift of Names of the faid CommilTioners (which Lift the fiid C.jmmilllcncrs fhall and they are herebv re- quired to hang or caufe to be hung up in the Court or Place where the Commiflioners meet) fliall hatre the decifive or cafting Vote. 65. Provided [ + ] Three Cwn- Provided always, and be it Enaded, That on the Decifion of tor Fcny ^''^''^^ ^"^ every Caule or Queftion for the Recovery of any Shillings, and Sum not exceeding Forty Shillings, Three at leaft of the faid Fivev-oni- Coniinifiiontrs fhall be prefent in Court : and on the Decifion of miliioners lor , , . '^ . .. _ , _ Sum, above each and every Aftion, Caufe, or Queirion for the Recovery of any Foriy Shii- gym exceeding Forty Shillings, Five at leaft of the Cvni Com- miffioners fhail be prefent in Court, iin:.s For Appoint- And be it further Enadled, That when any of the faid rrentofnew Commiffioners (lave and except the faid Mayor, Aldermen, fioners." Recorder, High Steward, and Town Clerk) or any of the Suc- ceffors of fuch Commiiiioncrs, to be elected in manner hereinmen- tioned, fliall die or refule to adt, or (liall ceafe to be qualified in manner herein diredted to aft asaCommilnoner in the Execution of this Aft, then and in fuch Cafe it {hiall and may be lawful to and for the furviving and remaining Conimillioncrs afting in Execution of this Aft, or the major Part of them prefent at a Meeting to be holden for that Purpofe, within the Space of Tv/enty-one Days next after fuch Deceafe or Relufal to aft ihall happen or be known, or as foon after as conveniently may be, to eleft and appoint One other CommilTioner in the room or ftead ol every fuch Commiflioner fo dying or refuling to aft, or ceafing to be lb qualified ; and Notice in Writing of the Time and Place of Meeting for every fuch Eleftion, and for the Purpofe thereof, fhall be given by the Clerk to each of the faid Cornmiflloners, or left at their rcfpeftive iaft or ufual Places of Abode; and fuch Notice lliall alfo be athxed on the Door of the Town Hall, in the faid Borough ot Gri-njhy, Fourteen Days at leaft before fuch Meeting fliall be holden ; and every Com- miffioner fo eledled, Qiall have the like Powers and Authorities for carrying this Aft into Execution, and fliall be fubjeCt and liable to the fame Rules, Regulations, and Reftriftions.as fully and effedfually, to all Intents and Purpofes whaifoever, as it he had been particu- larly named herein as a Commiflioner. Commir. ^,^^ \^^ J,- farther Enafted, That no Perfon (hall be ca- pable of afting as a Comniiliioner in Execution or this Act, lave and except in adminiftcring the Oatii jitrein mentioned to the other Commiffioners, until he Ihall have taken the Oath following ; that is to fay : Oath. " I yi. B. do fwear, f"(?r, being one of the Perfons called " Quakers, do folemnly affirm] That I will faithfully, l:o- " neftly, and imp.u^tially, according to the bcft of my Skill " and Judgment, iiear and determine fuch Matters and " Things [ S ] *' Things as fliall be brought before me, by virtue of an *' A(fl, made in the Forty-fixth Year of the Reign of King " George the Third, intituled \fet forth the 'Title of this ** A£l'\^ without Favour or Affeftion, Prejudice or Malice, " to any Perfon or Perfons whomfoever; and alfo that I *' am a Houfeholder within the Jurifdidlion of the faid " Court; and that I am poflefled of a Real Eftate of the ** annual Value of Forty Pounds, or of a Perfonal Eftate " of the Value of One Thoufand Pounds, above all Charges ** or Incumbrances whatfoever. " So help me GOD." V^hich Oath or Affirmation the faid Commiffioners, or any One or more of them, is and are hereby empowered and required to admi- nifter in open Court, and each and every fuch Commiffioner fl:iall and he is hereby required (after taking the faid Oath or Affirma'ion) to fign and fubicribe his Name upon a Roll or Rolls of Parchment to be provided for that Purpofe, with the faid Oath or Affirmation written or printed thereon ; and fuch Roll or Rolls ihall be carefully kept among the P^ecords of the faid Court. t And be it further Enaded, That no Perfon (hall be qualified to Qualification aft as a Commiirioner in the Execution of this Aft, unlcfs he Ihall ofCommif- at the Time of afting be a Houfeholder within the Jurifdiftion of "'""^* the faid Court, and podefTed of a Real Eftate of the annual Value of Forty Pounds, or of a Perfonal Eftate of the Value of One thoufand Pounds, above all Charges and Incumbrances what- foever; and if any Perfon, not being qualified as aforefaid, Ihall pre- fume to aft as a Commiffioner in the Execution of this Aft, every fuch Perfon ffiall for every fuch Offence (over and above any Punilhment that he may be fubjeft and liable to for wilful and corrupt Perjury) forfeit and pay the Sum of Fifty Pounds, together with full Cofts of Suit, to any Perfon or Perfons who ffiall fue for the fame, to be recovered in any of His Majefty's Courts of Record at Wejlminjlcr, by Aftion of Debt or on the Cafe, or by Bill, Plaint, or Information, wherein no Effoign, Proteftion, or Wager of Law, or more than one Imparlance fhall be allowed ; and in every fuch Aftion, Bill, Plaint, and Information, the Proof of fuch Qualification ihall be on the Defendant ; and it ffiall be fuffici- ent for the Plaintiff or Profecutor to prove that the Perfon fo fued or pro.'ecuted had afted as a Comniiffioner in the Execution of this A6t: Provided neverthelefs, that all Judgments, Orders, De- A.'^rsofCom^ crees, Afts, and Proceedings of all and ci is brought in Qutltion. Comniif- fald Commiflioners to determine the Right or Title to any Lands, Tenements, or Hereditaments, or Real Eftates whatfoever ; or to judge, determine, or decide on any Debt where the Title' of the Freehold or Leife for Years of any Lands, Tenements, or Here- ditaments, or of any Chattels Real whatfoever, fhall be brought or cx)me into Qneftion, or to judge, determine, or decide on any Debt that Ciall anfe by reaion of any Cau!"e concerning Teflament or Matrimony, or any Tiling concerning or properly belonging to the Ecciefiaftica! Court. And be it farther Enaded, That if any Commiflioners of the fioncr.notio {^\^ Court for the Time being, Ihall be Party to, or concerned or terefted. interefl:ed in any Caufe, Adtion, or Matter depending in the faid Court, fuch Commiflioners fliall not be capable of a<£ling as a Com- miflioner on the hearing or determining fuch Caufe, Adiion, or Matter, or in making any Order, Decree, or Judgment therein; but fuch Commiflioners, after being heard in fuch Caufe, Adion, or Matter, fliall withdraw until the fame is finally determined; and if the Clerk or his Deputy, or other Officer of the faid Court for the Time being, fliall be a Party or interefled in any Caufe, Adtion, or Matter depending in the laid Court, fuch Clerk, Deputy, or other Officer, fliall not exercile his laid Office in fuch Caufe, A(5tion, or Matter, or in any Thing relating thereto, but the faid Commif- fioners formmg the faid Court, (hall and may appoint another Perfon to exercife the Office of fucli Clerk or Deputy, or ofier Officer refpedively, in ail Things relating to fuch Caufe, Adlion, or Matter- tlie Court. Aaions net And be it further Enaded, That nothing herein contained fliall to beipht for extend, or beconflrued to extend, fo as to enable any Plaintiff" to Iplit of bringing oi divide any Caufe or Adion for Recovery of any Debt, where the them bi-rore whole Sum that fliall appear to he due and ovi'ing fliall exceed the Sun. of Five Poundb, in order that the fame may be made the Ground of two or more Caufcs or Adions for the Purpofe oi bring- ing fuch Caufes or Adions within the jurildidion of the faid Court ; and in cafe it fliall appear to the faid Commillioner-, that any plaintiff fliall have fo fpht or divided his or her Caufe or Action at; aiurefaid, then and in every luch Cale the faid Commiflioners fliall ana they are hereby rcquiied to difmifs, wiih Cofts, every fuch Caufe or Adion fo fpht and divided ; but fuch Difmifl'al fliall not hinder or prevent fuch Plairtiff from proceeding for the Recover) of his or her Debt, in any of His Majeliy's Courts of Record at lV betore the lawful to and for any Perfon or Perfons (whether fuch Perfon Commif- or Perfons (hall refide within the Jurifdidion of the faid Court or fioners, who not) having any Debt or Debts on the Balance of Account, or J^^h Order otherwife howfoever, not exceeding the Value of Five Pounds, between the due or owing, or belonging to him, her, or them, in his, her, or f[fj''^(^a^ji their own Ri^ht, or in the-Ri2;ht of anv other Perfon or Perfons, ihink tit. or as Executor, Adminillrator, Guardian, Affignee, or Truflee to any Perfon or Perfons, or due and owing to him as Miiyor, Chamberlain, Town Clerk, or other Ofhcer, to any Body Corpo- rate, as CoUcdor of any Rates or Taxes, or as Clerk or other Oincer to any Commiffioners, or to any Club or Friendly Society duly affo- ciatcd and conilituted by the Statutes in that Cafe made and provided, or in any other Manner v.hatfoever, which the fiiid Commiffioners are by this Ad enabled to judge and determine, and not exprefsly prohibited by this A6t, by or from any ether Perfoii or Perfons whatfoever inhabiting, reiiding, or being within the laid Borough, or the Liberty or Precinds thereof, or within any of the feveral Parities or Places in the Hundred or Wapentake and Divifion as aforefaid, or keeping cr ufmg any Houfe, Vfarehoufe, Wharf, Qiiay, Lodging, Shop, Shed, Stall, or Stand, or ufing or frequenting the Markets there, or kekJng a Livelihood, or in any way trading or dealing within the fame, to apply to the Clerk of the Court fov the Time being or his Deputy, who fliall immediately make out and deliver to one of the Serjeants ofihe faid Court for the Time being, a Summons in Wr.Ling under the Hand of the faid Clerk, direded to futh Debtor or Debtors, expreffing the Sum demanded of h-im, her, or them, and ffating the Particulars of fuch Demand or Caufe of 65. C Adion, [ 'O J Action, together with the Name of the Party demanding the fame, and requiring him, her, or them to appear at a certain Time and Place to be mentioned in fuch Summons, before the Commiffioners of the faid Court, to anfwer fuch Demands ; and fuch Serjeants fhall forthwith ferve or caufe luch Summons to be ferved on fuch Debtor or Debtors, either perfonally, or by leaving the fame with his, her, or their Servant or other Perfon belonging to him, her, or them, or at the Dwelling' Houfe, Warehouie, Wharf, Quay, Lodging, Place of Abode, Shop, Shed, Stall, Stand, or other Place of Deal- ing, Trading, or VVorkIng ot luch Debtor or Debtors, being within the Jurifdidlion ol the faid Court ; and upon due Proof made of fuch Summons having been duly ferved in inanner aforefaid, the faid Commiffioners prefent in Court (fuch Number prefent not being lefs than by this A61; direfted) are hereby empowered and required to make due Enquiry concerning fuch Demands or Plaints, and make fuch Orders and Decrees therein, and pa fs fuch final Sentence or Judgment thereupon, and award fuch Cofts of Suit as to them fliall feem mofl: agreeable to Equity and good Confcience ; and for the better Difcovery of the Truth, and more folemn Determination of the Matters and Caufes which fliall be depending in the faid Court, it Ihall and may be lawful to and for the faid Commilhoners prefent in the faid Court, to adminifler an Oath or Oaths, or Athrmation or Affirmations, to any Officer of the faid Court, or to either of the faid Parties whom they the faid Coinmilhuners fliall think proper to examine, touching the Matters then in Queftion, and alfo to luch Witnefs or Witnelfes as fliall be produced by each Party, and alfo to any other Perfon or Perfons whole Evidence iTiall ke.n neceflary towards the hearing or determining any of the faid Caufes or Adtions, or making an Order or Decree therein, or for any other Purpofe requifite to the Execution of this Adt. Service on ^pjj be it further Enaded, That where any Debt fliall be one Partner , . j j j r --n n r to be deemed due or owmg, or demanded from any 1 wo or more reilons Service en jointly, by rcafon or on account of fuch Perfons being Partners both. jjj Trade, or othcrwife jointly concerned. Service of fuch Summons as aforelaid on any one of fuch Partners or Perfons, or left at his, her, or their laft ufual Place or Places of Abode, Warehoufe, Lodging, Shop, Shed, Stall, Stand, or other Place of Dealing, Trading, or Working, fliall be as good and fufficient as if each of fuch l^iirtners or Perfons were feparately fuminoncd as aforcfaid. NoEvidence /^^d be it further Enafted, That no Evidence fhall be pennittcd b°y the^'^iaiV to be given by the Plaintiff on the Trial of any fuch Caule or Adlon tilfofan/ as as aforefaid, or of any Caufe or Adion, except fuch as is llatcd in the Matternot iaid Summons lierebv directed to be ^ivcn, nor (hall any Evidence be ^^'^"^ '" '"' admitted on Behalf of the Dc;fendant or Defendants on the Trial of nor by De- fuch Caufe or Adion, of any Demand he, (lie, o-they may have on ''■"^''"' '" ^ the PlaintifFor Plaintiffs, in the Nature of a Sct-ofF, or leffen ordif- mandhenuy chr.rge himfelf, herfelf, or themfclves from fuch Demand or Caufe have on lUe of Adtion, unlefs Notice thereof in Writing (hall have been given to ,vhhout No. the faid PlaintiiF or Plaintiffs by perfonal Service, or by leaving it tice givea lit his, her, or their Dwelling Houfe, Warehoufe, Wharf, Quay, ^i^ereot. Lodging, Place of Abode, Shop, Shed, Stall, Stand, or other Place of Dealing, Trading, or Working, previous to the Day when fuch Matter or Caufe fhall be heard or tried. And be it further Enacfted, That if any Debtor or Debtors vi'ho If Debtor fhall have been duly fummoned as aforefaid fhall not appear, either pear."com- in Perfon, or by his, her, or their Assent, or Ibme other Pcrfbn on miflioneri his, her, or their Behalf, before the "laid Court, at the Time and ^!^, P'°' Place mentioned in the faid Summons, then and in every fuch Cafe it (liall and may be lawful to and for the faid Commiflioners affem- bled in the faid Court, after Proof made upon Oath of the Ser- vice of the faid Summons in manner aforefaid, to hear the Caufe on the Part of the Plaintiff or Plaintiffs only, and to make fuch Order, Decree, or Judgment therein, and to award fuch reafonablc Cofts of Suit as to them fhall feem moff agreeable to Equity and good Confcience. And he it further Enaded, That if upon any Day of the Return ^^ Plaintiff of any Summons iffued on the Behalf of any Plaintiff or Plaintiffs, appear co or at any Continuatioii or Adjournment of the f.tid Court, or of the p ovehiiDe- Caufe or on Account of which fuch Summons (liall have been iffued, ^^'l '.^/t'n ,_,.._,,. ^ , , ... fendant Inall the Plaintiff or Plaintiffs fnall not appear either in Perfon, or by his, have Cofts. her, or their Agent, or Ibme other Perfon on his, her, or their Be- half, or appearing fhall not make Proof of liis, her, or their De- mands to the Satisfadion of the faid Court, but fliall become non- fuited, or Judgment fhall be pronounced againft him, her, or them by the faid Court, then and in every fuch Cafe it fhall and may be lawful to and for the faid C^ommiffioners prefcnt in Court, to award to the Defendant or Defendants fuch reafonable Cofls, and fuch rea- fonable Satisfa6lion for his, her, or their Trouble and Attendance, as they the faid Commiflioners in their Difcretion fhall think fit, and to order and compel tlie Plaintiff or Plaintiffs to pay the fame by fuch Ways or Means as are herein provided for the Recovery of Debts ordered or decreed by the faid Court. dS' And C 12 ] CommiffioB- ^nd be it further Enafted, That In any Caufe, Adion, or Cafe, award Exe- wherc the faid Commiffioners ihall have made an Order or Dsicree cutinn for the Payment of Money, it lliall and may be lawful to ai^d tor B^ody or " ^^" ^^''^ CommilTioners prefent in Coart, to award Exscntiort either Goods. againft the Body or Goods of the Party againil: whom fuch Order or Decree fhall be made, and thereupon it ihall and may be lawful to and for the prober Oilicer of the faid Court, at the Prayer of the Party profecuting fuch Order or Decree for the Payment of Money, to ilTue a Precept under his Hand and Seal, by way of Capias ad Satisfaciendum or Fieri Facias, to one of the Serjeants of the faid Court, who by virtue of fuch Precept, iffued upon Execution awarded againft the Body of fuch Party, fnall and nniy and is hereby empowered to take fuch Party, being within the Jurifdidlion of the faid Court, and carry him, her, or them, to the Common Gaol of the faid Borough of Grimjby, there to remain until he, ihe, or they (hall perform and obey fuch Order, Deciee, or Judgment, for the Space or Time herein in that'behalf particularly directed; and in cafe any fuch Precept fhall be ilTued upon Execution againft t])e Goods and Chattels of fuch Party, fuch Serjeant (hall and may and he is hereby empowered to levy by Diftrels and Sale of the Goods and Chattels of fuch Parly, being within the Jurifdidion of the faid Court, fuch Sum or Sums of Money and Cofts as ih .11 be ^•1'^*K-^^d fo ordered, decreed, or adjudged; and if the Party againft whofe or feet'. IS Body or Goods any fuch Execution fliall be awarded, and Pro- iheir Gouds. cefs thereupon ilTue, Ihall by abfconding, or by fecreting or re- mo\ing his, her, or their Goods or Chattels, or by any other Means prevent or evade the Service or Effed of any fuch Execution, it fliall and may be lawful to and for the faid Commiffioners prefent in the the faid Court, upon due Proof thereof made before them by the Oath or Oaths of one or more credible Witnefs or Witneffes, at thtir Difcreticn, to award further Execution either againft the Body, or Goods and Chattels of fuch Party, and Procefs (hall iifue thereupon, and be ferved by one of the Serjeants of the faid Court in manner aforeiaid, until the Plaintiff or Plaintiffs (Iiall be fully paid and latijfied; and it (hall and may be lawlul to and for the laid Commi(]ioners from Time to Time, in ca(e they Ihall think fit, for the Eafe and Convenience of the Defendant or Defendants (and they are hereby authorized and empowered) to order, decree, or adjudge any Debt or Debts due to the Plaintiff or Plaintiffs, to be paid by ftvcral Payments or Inllalments, and under fueh Terms and Conditicns as may appear realbnable and juft to them the laid Coo HiifJ'oners, for the La('e of the Delendant cr Defendants, and the Security of the Plaiiitiffor Plaintirls; and it (hall and may he lawful to and for the faid Commiffioners prefent in Couit, in cal'e any r 13 J ■any Defvult or Failure of any fucli Payments or Inftalments fo ordered, decreed, adjudged, or diredled, iliall afterwards be made, and they ore hereby authorized and empowered, at the Inftance of the Plaintiff or Plaintiffs, and upon due Proof of the faid Default or Failure, to award Execution againft the faid Defendant or Defendants, or againft any other Pcrfon or Perfons who may have given Security to the faid Phintiff or Plaintiffs, under the Diredions of the faid Commifiioners for the Payment of fuch Inlblnients in manner aforefaid, for the whole Debt, or fuch Part thereof as fliall then remain unpaid, together with fuch further Cods as to them fliall feem jud and realonable ; and fuch Debt, or fuch Part thereof, and fuch further Cods, frail be recovered by the fame Ways and Means as are herein provided for the Recovery of the Debt and Cofts iirfl: decreed. And be it further E^adted, That It fliall not be lawful to or for ^f°"^' """^ .the faid Commiffianers to iffj.ie any Procefs againft the Body or a°ain"ltiie Bodies of any Defendant or Defendants, in any Cafe or Cafes where Goods or the Plaintiff cr Plaintiffs, entitled to the Benefit of any Order, J'hSepL Judgment, or Decree, fliall have obtained any Warrant or Procefs ion. againft the Goods and Chattels of the fame Defendant or Defend- ants. And as it m.ay happen that Perfons ferved v/ith Procefs iffuing P-e^of<^ °f out of the faid Court ot Requefts, may, in order to avoid Execution, w-^^^be re- remove their Perfons and Fiffefts beyond the Limits of the Jurif- moved into didlion of the faid Court; BE it therefore Enaded, That m all c^'„5t7,';;d' Cafes where a final Decree or Judgment for any Sum or Suras ex- Writof Exe- ceeding Twenty Shillings, fhall have been obtained in the faid Court, it ftiall and may be lav.'ful to and for any of His Majefty's Courts of Record at IVeJlmhiJh'r, upon Affidavit made and filed of fuch Decree or Judgment being obtained, and of diligent Search and Enquiry hiving been made after the Perfon or Perfons of the Defendant or Defendants, or his, her, or their Goods and Chattels, and of the Precept of Execution being iffued againft the Perfon or Perfons, or Effeds (as the Cafe may be) of the Defendant or De- fendants, and that the Perfon or Perfons, Goods and Chattels, of fuch Defendant cr Defendants, is or are not to be found within the Jurif- didion of the fa^id Court, which Affidavit may be made before a Judge or Commiilioner authorized to take Affidavits; and it Ihail and may be lawful to and for fuch Superior Court, to caufe the Record of the faid Decree or Judgment to be removed into fuch Superior Court, and to iffue Writs of Execution thereupon to the Sheriff of any County, City, Liberty, or Place, againft the Perfon or Perfons, or Effeds, of 65. D the cution ifTue thei-eon. [ •+ ] the Defendant or Defendants, in the fame Manner as upon Judg- ments obtained in the faid Court at PVeflmhiJlcr ; and the Sheriff upon every fach Execution I'hall and he is hereby authorized to detain the Defendant or Defendants, until the Sum of Twenty Shillings be paid to him, or to levy the lame out of the Effefts, ac- cording to the Nature of the Execution, for the extraordinary Cofts of the Plaintiff or Plaintiffs in the faid Court, over and above the Money for which fuch Execution ihali be iffued. Clerk to in- And be it further Enaded, That upon each and every Pre- dcrie Dtbt ^^^^ j-q ^g, iflucd upon Execution awarded againft the Body, or the precept, Goods and Cliattels of any Perfon or Perfons vvhonifoever, the and if paid_ Clerk of the laid Court fha'il indorfe or caufc to be indorfed Court'^h'fcre ^^ ^""'' ^^ Sums of Monev, and the Cofts fo ordered, decreed. Sale, E.xecu- and adjudged ; and if the Party or Parties againlt whom fuch tion 10 be Execution Ihall be awarded refpedivcly, (hall, before any adual Sale of the Goods and Chattels, or before he, fhe, or they is or are appre- hended, or before the Expiration of the 1 erm of his, her, or their Impriibnment as herein mentioned, pay or caufe to be paid or ten- dered unto the Clerk of the faiu Court, fuch Sum or Suns of Money and Cofts, together with the Fee or Fees herein direfted to be paid to the Clerk, as a Compeni'ation for his Trouble in receiving the fame, and in entering an Acknowledgment and Satisfadion in full for fuch Sum or Sums of Money and Cofts, then and in every fijch Cafe the Execution ihall be fuperfeded, and the BoJy or Gocds and Chattels of the faid Party or Parties ihall be difcharged and fet at Liberty. PenaVy of And be it further Enaded, That the Keeper or Keepers for K-enT of ^.j^g Tiine being of the Common Gaol or Prifon within the kc'aTgT^ faid Borough of Grimjhy, ihall, and he and they is and are hereby Duly. required to receive and take into his or their Cuftody refpectively, all and every Perfon or Perfons who (hall be committed, or or- dered to {land committed, under or by virtue of this Adl ; and in cafe the Keeper or Keepers of the faid Gaol or Prifon relpec- tively, fliall ncgledt or rcfufe to receive and take into his or their Cuftcdy any Perfon or Perfons fo committed, or ihall, before the Expiration of the Time for which any Perfon or Perfons fliall be committed to his or their Cuflody, diitharge fuch Perfon or Perfons out of his or their Cuilody, and wilfully fufftr fuch Perfon or Perfons to go at large without a Warrant or Order for that Purpofe in writing, figiied in Court by the la'd Commiffioners, or any Three or mere of them, fuch Keeper and Keepers refpectively fo offending in either of the faid Cafes, and being thereof convided before any one [ '5 1 one or more of His Majefly's Jufllces of the Peace for the fiid Borough and Liberties, or Parts of Lindfey in the County' of Lincoln, upon the Oath of one or more credible Witnefs or Witnelfes (which Oath fuch Juflice or Jufliccs is and are hereby authorized and required to adminifter) or upon his or their own Confeffion, fliall for every fuch Offence forfeit and pay any Sum rot exceeding Twenty Pounds, at the Difcretion of the faid Juf- tice or Jufticcs ; and in cafe fuch Sum fhall not be immediately paid by the Pcrfon or Perfons fo offending, into the Hands of t'ne laid Juftice or Jufiices before whom fuch Offender or Offenders fhall be ccnvicfted, then and in every fuch Cafe fuch Sum fliall be levied by Dillrefs and Sale of the Goods and Chattels of the Of- fender or Offenders, by Warrant under the Hand and Seal or Hands and Seals of fuch Juffice or Juftices, rendering the Overplus, if any, to fuch Offender or Offenders, after deducfliryg the Coflsand. Charges of fuch Dillrefs and Sale ; and fuch Forfeiture when fo paid, levied, or recovez'ed. fcall be diflrributed in like Manner as the feveral other Fines and Penalties are by this Aft diredled to be dif- tributed ; and in cafe fuiiicient Dift'Tefs fliall not be found, it fhall and may be lawful to and for fuch Juftice or Juflices to commit fuch Offender or Offenders to the Common Gaol for the County ■ of Lincoln, for any Time not exceeding Six dlendar Months unlels iuch Penalty and Forfeiture, and all Cofts and Charges at- tending fuch Convi(5lion, be focncr paid and difcharged. And be it further Eiiafled, That no Privilege (hall be allovi'ed No Privilege to exempt any Perfon liable to be fummoned by virtue of this tobe allowed Aft, from the Jurifdiftion of the laid Court of Requefts, on '°^''°"^y'- account of his being a Sworn Attorney or Solicitor, or other Of^cer of any of His Majefty's Courts of Record 2lI Wejhninstery or of any other Court whatfoever ; but that all fuch Attorneys, Solicitors, and other Officers, fhall be fubjeft to the leveral Pro- ceffes. Orders, Judgments, and Executions of the fiid Court of Requefts, in the fame Manner as any other Perfon or Perfons is and are fisbjeft to the fame. And be it further Enafted, That no fuch Attorney, Solicitor, NoAttomey, Scrivener, or any Perfon praftifin? the Law, fliall be oer- ^°''.'^""''' o"" mitted to appear in the laid Court of Requelts as an Attorney, PradYer of Solicitor, or Advocate for or on Behalf of any Plaintiff or De- '"^^ Law to fendant, or any other Perfon, or to be admitted to fpeak before «;e? ^'^'''°' the faid Court in any Caufe, Aftion, or Matter in which fuch At- torney, Solicitor, or Scrivener is not himfelf a Patty or Witnefs ; and in cafe any Attorney, Solicitor, or Scrivener .liallappear in the 65- faid t i6 ] Fees to be taken. faid Court of Requeds as an Attorney, Solicitor, or Advocate for or ■on Behalf of any Plaintiff or Defendant, or fpeak before the faid Court in any Caufe, Aftion, or Matter in v/hich fuch Attorney, Solicitor, or Scrivener is not himfelf a Party or Witnsfs, then and in every fiich Cafe fuch Attorney, Solicitor, or Scrivener fo offending, fliall for every fuch Offt^nce forfeit and pay any Su:n not exceed- ing Fifty Pounds, on being convicted thereof before any one or more of His Majefty's Juftices of the Peace for the faid Borough and the Liberties thereof, upon the Oath of one or more credible Wit- nefs or Witneffes (which Oath fuch Juflice and Juftices is and are hereby authorized and required to admlnifter) or on his own Con- fefTion ; and in cafe fuch Sum of Money iliall not be pdid forth- with by the Perfon or Perfons fo offending, into the Hands of the faid Juflice or Juftices before whom fuch Oft'ender fliall be convided, then and in every fuch Cafe fuch Sum of Money Ihall be levied by Dlftrefs and Sale of the Goods and Chattels of the Offender, by Warrant under the Hand and Seal or Hands and Seals of luch Juftice or [uffices, rendering the Overplus (if any) to fuch Offender, after deducing fuch Fine or Forfeiture, and the Cofls and Charges of fuch Dilfrefs and Sale; and fuch Fine or Forfeiture when fo paid, and levied or recovered, (hall be diftributed in like Manner as the feveral other Fines and Penalties are by this Adt dirdied to be diflributed. And be it further Enadted, That the feveral Fees herein- after limited and exprefled, and no other, fliall be taken by the faid Clerk, Serjeants, and Crier, for their feveral and refpec- tive Services in the Execution of this Adl, for the Recovery of all Sums not exceeding Five Pounds, according to the Amount of the Sum recovered ; that i s to fay : • u X V 4-1 Ten Shillings. bO c lU u o X V o z SO c IS O Not exceeding Five Pounds. To the CLERK: Entering every Cafe _ - _ _ . Iffuing every Summons - _ _ _ _ Entering and drawing up the Judgment, Decree,? or Order ___-,_ i Paying Money into Court, and entering fame in his ; Book - - - - - - - ; s. d. 3 3 6 3 J". d. 9 6 9 6 s. d, I 6 9 I 6 9 Paying [ 17 ] bJD i/> c -a Paying Money by Inftalments - - - - Iffuing Subpoena ----••- Iffuing every Attachment, Precept, Order, or Execution _-_-_- Acknowledging Satisfailion _ - _ _ ;For every Noniuit _ _ _ _ _ Every Search in the Book - _ _ - Swearing every Witncls _ _ - _ To the CRIER: For calling every Caufe _ _ _ _ For calling every Plaintiff or Defendant For every Hearing _ _ _ _ _ For every Nonfuit _ - _ _ _ To the SERJEANTS: Serving every Summons, Order, or Subpoena in the Borough _.-.__ If out of the Borough, for every Milcr extra Execution of every Warrant, Precept, or Attach- ment againrt the Goods or Body if out of the Borough, for every Mile rxtra If an Affiftaiit is neceflary for the Scrjcajit For the Affiftant - If out of the Borough, for every Mile extra And the faid Commifiioners fli)ll and they are hereby required to hang up and affix, or caufe to be hung up anl affixed, a Table of all fuch Fees, in lome conipic.ious Part ci the laid Court, or Place of Meeting of the faid Coinniidioncrs, in order tfiat all Pcrfoas con- cerned may be enabled to perufe the fame. And be it further Enacted, That no Perfon or Perfons whom- Timeorim- foever, lliall be committed to the faid Craol or Prifon by O/der prii'nni.nt of the faid Court, for any Debt or Debts, or kept or con- ^4>5d'°'^' tinued in Cuflody on any Pretence whatfoever (except in the ':>• E Caies [ i8 ] Cafes hereinafter prcvicled for) for anv longer Space or Spaces of Time, from the Time of his, her, or their Commitaient to Prifon, than is or are hereinafter limited; (that is to lay) where the Debt (exclufive of Cofts) does not exceed the Sum of Twenty Shillings, then he, flie, or they fhall not be kept or continued in Cuflody for more than Twenty Days ; and where the Debt (exclufu-e of Cofts) is above Twenty Shillings, and does not exceed Forty Shillings, then not more than Forty Days ; and wh«;re the Debt (exclufive of Co!;s) is above Forty Shillings, and does not ex- ceed Three Pounds tlien not more than Sixty Days ; and where the Debt (exclufive of Colls) is above Three Pounds, and does not exceed Four Pound?, then not more than Eighty Days ; and •where the Debt (exclulive of Cofts) is above Four Pounds, and does not exceed Five Pounds, then not more than One hundred Days fiom the Time of his, her, or their Commirn-ient j and the faid Keeper and Keepers of the faid Gaol or Prifon is and are hereby diredted and required to difcharge fuch Perfons ac- cordingly. ifanyDebtor And, in order the more effeftualiy to prevent Perfons fum- conceaiing moned for Debt to the faid Court, from fraudulently concealing Go"ds^, "he ^^^-'^^^ Money, Goods, or Etfefts; B E it further E;:a<5ted, That in cafe Time of Ills upon the Summons of any Perfon for anv Debt or Debts before ^'"P";^",', , the faid Court, Information of any fuch fraudulent Concealment ment Ihall ce . , ^ i enlarged. 0:1111 be given, lucli Court fhall have Power to hear Evidence as to the Fact; and in cafe it lliall be proved to their Satibhdion, up'^n the Oath of one or more credible Witnefs or WitneiT.'s (whicli Oath the fiid Court is hereby empowered to adminifter) then and in every fuch Cafe, it ihall and may be lawful to and for the faid Court to enlarge the aforefiid Time of Imprifonm.ent of fuch Debtor to any Period, in Addition thereto, not exceeding Three Calendar Months. The Time of '^"'^ ^^ '^ further Enadted, That all and every Perfon and Perfons Iniprif-n- w'ho (hall be taken in Execution under or by virtue of any Procefs ineni ftiail be jfi'i-ing from or out of the faid Court of Requefts, and who at the 1^ 03 rs 'civ.- and fuccef- Tiirc ot his, her, or their Wins, taken into Cuftody, or during his, fivelyJor her, or their Imprifonment, ftiall have more thar. rne Execu- tion againft him, her, or them in the laid Court, (hall be imprifoned the Tinie hv this At\ hmited for and in rcfoedt <;f fuch Execution: and after the Time fo limited rn the firft Execution is expired, the Jm.prifonment on the fecond Execution fhall commence ; and after the Time fo limited on the fecond Execution is expired, the Ijn- prifonment on the third Ex:;cution fhall commecce ; and fo on until he. «iich Execu- siou [ '9 ] lie, (lie, or they (hill have been imprifoned the Time by this A& liniiti-'cl, for and in relped of each feparate Execution to be iffu.-d againfl him, her, or them in the faid Court, previous to his, her, or their being taken into Cuftody, or during his, her, or their I;n- ,priibnnicnt ; any Law, Statute, or Ufage to the contrary thereof in anywife notvvithitanding. And be it further EnaiSed, That each and every Perfon im- Beb ors not prifoned by virtue of this A&, (liali, on the Expiration cf his or her l^^J^ y^/^ Time of Imprilonmcnt, be difcharged and fct at Liberty v/itliout paying any Sum or Sums ot Money, Fee or Fees, or ether Reward or Gratuity whatfoever, to the Keeper or Keepers, or Tiirn- kev or Turnkeys of the faid Gaol, or others, by way of Gaol Fees or Difcharge Fees, or on any Pretence Vv'hatfoever ; and if any Keeper or Keepers, Turnkey or Turnkeys of the faid Gaol, or any other Perfon whofoever, fliaJl demand, take, or receive any Fee or Fees, Sum or Sums of Money whatloever, upon the Difcharge of ■any luch Perfon or Perfons lb committed to his or their Charge or Cuftody as aforefiiid, or (hall keep or detain any fuch Penon or Perfons a Prifoner or Prifoners, after the Time by this Ad limited for his, her, or their Imprifonment, every fuch Keeper, Turnkey, .and other Perlbn, u:;all for every fuch Offence forfeit and pay the Sum of Twenty Pounds; and it ihall and may be lawful to and Ju^'c s may for any Two JuiHces of the Peace for the faid Borough ot Grinjby, fu'cii Oftjnce. or Parts of Lindfey in the County of Lincoln, to hear and deter- mine every fuch OtTcnce ; and fuch Tv>?o Juflices are hereby authorized and required, upon \x\v: Information exhibited or Com- plaint made before them of fuch Offence having been com- mitted (in cafe luch Information (hall be exhibited or Compl:.int ■made within Three Calendir Months after the Offence com- mitted) to fummoii the Party accufed, and aifo the VVitnefies on each Side, and to exaaiine into the Matter of Fact; and upon dvie Proof made thereof, by the Oath of one or more credible Vv'jtnefs or Witnelfes, or by the voluntary Confeliion ot the Party accufed, to give Judgment or Sentence for fuch Penalty or For- feiture afore laid ; and in cafe fuch Fenaity or Foif^iture ihali not be forthwith paid, to iflue a Warrant under their Hands and Seals for levying fuch Penalty and Forfeiture, by Ddlrefs and Sale of the Goods and Chattels of the OrFcnder or Offenders, rendering ths Overplus (if anv) after deducting inch Pcna'ty and Forfeiture, and the Cofls and Charges of fuch Dii^reis and Sale, to liie Owner or Owners thereof ; and in cafe fufticient Djlircfs -(hall not be found, it (hall and may be lawful to and lor fuch JulViCes to commit fuch Offender or OfTende*-s to the Common Gaol for the County of 65. Lincoln, [ 20 ] Lincoln, for any Time not exceeding Three Calendar Months, unlefs fuch Penalty and Forfeiture, and all Cofts and Charges at- tending fuch Convidtion, be fooner paid and difcharged ; and one Moiety of fuch Penalty or Forfeiture, when paid .or received, lliall be paid to the Perfon or Perfons informing or fuing for the fame, and the other Moiety thereof to the Clerk to the faiJ Commillioners ; and the fame fliall be by the faid Commiffioners diftribnted amongfi: the Poor of the faid Borough and Liberties thereof, and tiie faid Pariihes and Places, in iuch Shares and Propoiiions as to the faid Commiffioners fliall feem right and proper. Sfrjcantneg- And be it further Enaded, That if any Serjeant or Serjeants, or ieaiiig his other Officer or Officers of the faid Court, employed to fcrve any Se DeU^*'' Execution, fhal!, by wilful Neglecfl, Omiffion, or Connivance, caufe or fuffer the Party againft whom fuch Execution (hall be awarded :o efcape or abfcond, or the Goods of fuch Party to be carried away or /ecrcfcd, fo that fuch Execution fliall not have its due Effed, it Hiall and may be lawful to and for the faid Commilhoner!;, upon Complaint and due Proof thereof made upon the Oath or Oaths of one or mere credible Witnefs or Witnefies, to order fuch Serjeant or other Officer to pay the Sum or Sums of Money for which fuch Execution was awarded, to the Party complaining, and to enforce the Pavment thereof by the faine V/ays and Means as are herein pro- vided for the Recovery of his, her, or their Debt or Debts ; and it fhall and may be lawful to and for the faid Commiffioners, and they are hereby er.ab'cd to im.pofe any Fine, not exceeding Ten Pounds ior every fuch OtFence, on fuch Serjeant or Serjeants, Oiiicer or Officers J and iuch Fine, if not forthwith paid, (liall and n^ay be levied and recovered by Dillrcfs and Sale of the Goods and Chattels of the Offi^ndcr or Offenders, by Warrant under the Hands and Seals of tiie faJd Comn.iffioners, rendering the Overplus (if any! arter dtduding fuch Fine, and the Ci fts and Charges of iueh Dilirefs and Sale, to the Owner cr Owners of fuch Goods and Chattels ; and f:ch Fine, when fo levied and recovered, Uwil be paid to and dif- tiibvited by the faid Commiffioners, in fuch Sliares and PiOporiions, aiid in fuch Maimer, amongit the I'oor ol the faid Borough and the Liberties theieoi, and the feveral Pariihes and Place* wiihin the Jurifihction of the fjid Court, as they tlje laid Commiffioners may tbink fit and proper- inganyFee' And belt fiiither Enaded, That if any Clerk, Scrjcam, or befidci the Crier, or ai^y other Otiicir or Servant employed by the laid Com - b'^the'Td'^ niiffioiicrs in putting thib ^.t\, or any of the Powers ihc-reof, in Ex- ecution, [ 2' ] ecDtioii, liiall exo.cTr, lake, or accept any Fee or Rcv.ard v*'haticever, other than and except iuch Fees as are appointed and aHowed to them refpedivel)' by virtue of this AdV, for or on Account of any Thing done or to be done under or by virtue thereof, or on any Account whatfoever relative to putting this Aift into Execution, every fuch Perfon fo offending flnl!, upon Conviction thereof before the faid Commiinoners at any of their Meetings, or upon Verdidor Judgnient being had againft him in fuch Adiion as next hereinafter mentioned, be for ever incapable of ferving or being employed under this Ad: in any Office of Profit or Emciument, and fhall, over and above, forfeit and pay the Sum of Five Pounds to any Perfon or Pcrfons who fliall fue for the fame, by Adion of Debt, Bill, Plaint, or Information, in any of His Majefty's Courts of Record at [Veflminjter, within Three Calendar Months after the Offence committed; in which Suit no Elfoign, Piotedion, or Wager of Law, or niore than one Imparlance, (Lall be allowed. And be it further Enaded,' That if any Clerk or Serjeant of the ClerfcorSer- faid Court, fhall ne^led to ilfue or ferve any Summons in the due J'^snt"otper- Tr^ r • 1 /- n 11 i m r iorm'nc bis ^ ^ ime lor lervmg the lame, or ibail be guilty of any Dnym.ybe Negled or Misbehaviour, or ctherwife mifcondud hitnfelf in the removed. Execution of his Office, then and in every Inch Cafe, upon Conn- plaint made, it Hiall and may be lawful to and for the faid Com- miffioners and they arc hereby em.povvered, in open Court, to hear and enquire into the Matter of fuch iNeglecT:, Mifbehaviour, or Mifcondud, by the Oath or Oaths of one or more credible Witnefs or Witneffes ; and in cafe it fnall appear to the faid Commwffioners, on fuch Hearing and Enquiry, that fuch Clerk or Serjeant has been, guilty of fuch Negled, Mifbehaviour, or iMifcondud, it ihail and ■may be lawful to and for the faid CommiiTioners, and they are hereby empowered to fjfpend or remove the iiiid Clerk or Serjeant fo offending from his faid Office, and nominate or appoint fomc other fit and able Perfon to exercife the faid OtHce in tlie place or ftead of the Officer fo removed. And be it further Enaded, That in cafe any Perfon or Pcrfons Tuniffii'og refiding or being within the Juril'didion of the fiid Court, WitneTes after having been duly ferved with a Subpojna or Summons to jn;TJr^om- be iffued by the Clerk of the faid Court of Requelts, and paid moned. or tendered his or her reafonable Expenccs, to attend and give his, her, or their Evidence, at a Time and Place in fuch Sub- poena or Summons mentioned, on Behalf ot any Plaintiff or Defen- dant, ffiall neglect or refufe to appear puriuant to fuch Subpcena or Summons, due Proof being made of the Service of fuch Subpoena or 65. F Summons, [ 22 ] Summons, and no fuirjciep.t Caufe for his, her, or their Abfcnce or Non- appear:'. nee being fljewn to the Saiiifadiion of ih; faid Court, and Oath being made before the faid Commiffioners, by the Pdrty or Parties, at whofe Inftance and on whofe Behalf fuch Subpoena or Summons iflued, that the Perlbn or Perfons ferved therewith was or were a VVitnefs or VvitneiTes, by fuch Party or Parties judged necelTary for the Proof of his, her, or their Caufe or Caules, Adtion or Adions, Complaint or Com.piaints, Defence or Defences, then and in every facii Cafe it Ihall and m.ay be lawful to and for the i'aid Conirniflloncrs to impofe any Fine, not exceeding Twenty Pounds, on fuch Perfon or Perfons ; and in cafe fuch Fins fiiall not be paid forthwith, the fame (hali and may be levied by Didrefs and Sale of the Goods and Chattels of the Offender or Offenders, by Warrant under the Hands and Seals of the faid Commiffioners, ren- dering the Overplus (if any) after dedudling fuch FinCj and the Cods and Charges of fuch Diilrefs and Sale, to the Owner or Owners of fuch Goods and Chattels; and fuch Fine when fo paid, levied, or recovered, fliall be paid over to the Party or Parties at whofe In- flance or on whofe B^^half fuch Subpoena or Summons fhall have been iffued ; and in cafe fufficient Diiirefs Ihall not be found, it (hall and may be lawful to and for any Three or more of the faid Com- mHioncrsto commit fuch Offender to the Common Gaol or Houfe of Corretlion in and for the faid Borough, for any Time not exceed- ing the Space of Two Calendar Months. PiiniQimcnt And be It further Enacted, That if any Perfon or Perfons upon ofPerja j. F__Yaniinalion on Oath or Afiirmation before the faid Commiiiioners, in any Aftion, Caufe, or Matter deoendin-:; in the laid Court of P^equefts, or before any Juftice or Juftices of the Peace ading in Execution of this A<^, fiiall wilfully and corruptly give falfe Evi- dci'iCe, or fliall wilfully and corruptly fvvear any Matter or Thing v.'hich fliall be falfe or untrue, every fuch Ferlbn fo offending and being duly convifted thereof, fhall be and is hereby declared to be fubjedt and liable to fuch Pains and Penalties as by any Law or Statute, Laws or Statutes in Force and Effect, Perfons guilty of wilful and corrupt Perjury are fubjscl and liable to. For prevent- And be it further Enadled, That if any Perfon or Perfons flmll befn^"lfiVred contcmptuoully and wilfully infult or abufe all or any of the lotbeCyurt. faid Commilfioners, or any of the Ouicers of the faid Court for the Time being, during his or their Sitting or Attendance in the faid Court, or going to or from the faid Court, or (hull interrupt or ob/lrudl the Proceedings of the faid Court, then and in every fuch Cafe it fliall and may be lawful to and for the Serjeant . [ 23 ] Serjeant or Serjeants of the faid xJoiirt, ^vith or without tlie AHift- ance of any other Pcrfon or Pcrfons, by the Order ot the iaid CommilTioners, to take fiich Offencier or Offenders into (-uftody, and the faid Commiflioners (hall then examine into luch Infuit, Abufc", or Mifbehaviour, either from their own View or Know- ledge cf what paded, or by the Oath or Oaths of one or mors cre- dible Witnefs or Witnclfcs ; and upon fuch Infuit, Abufe, cr Mifbehaviour being duly proved as aforefaid, it fnall and may be lawful to and for the faid CommifTioners, and they are hereby authorized and empowered to impofe a Fine not exceeding Ten Pounds for each and every fuch C-»tt'cnce, on each and every luch Offender or Offenders ; and in cafe fuch Fine fhall not be forthwith paid, the fame (hall and may be levied and recovered by Diil:refs and Sale of the Goods and Chattels of fuch OtFender or Offenders, byWariant under the Hands and Seals of any Three or more of the. faid Commiflioners, rendering the Overplus (if any) after de- du6ling fuch Fine, and the Colls and Charges of fuch Ditfrefs and Sale, to the Ov.'ner or Owners of fuch Goods and Chattels ; and the faid Fine, when fo paid, levied, or recovered, Ihall be paid to and diunbuted by the Commiflioners in fuch Shares and Proportions, and in fuch Manner, amongft the Poor of the laid Borough and the Liberties thereof, and the feveral Pariflies and Places within the Jurifdidlion of the faid Court, as they the faid Commiflioners fhall think fit and proper ; and in cafe fuflicietjtl^iflrefs fliall not be found., it ihall and may be lawful for any Three or more of the faid Commilfioners to commit fuch Ofl'ender or OfFendersto the Common Gaol or Houle of Correction of the faid Borough, for any Time not exceeding the Space of One Calendar Month. And be it further Enaded, That if any Aftion or Suit for any Verf^ifts in Debt recoverable by virtue of this Adt in tlie fa;d Court of Re- ">i'erC>upts quefls, fhall be commenced in any other Court whatfoever, or recoverable elfewbere than in the faid Court of Requefls, then and in every i" 'his, not fuch Cafe the Plaintiff or Plaintiifs in fuch Adtion or Suit fhall co(U^^'„°d not, by reafon of a Verdid: for him, her, or them, or otherwife, U'Verdiftfor have or be entitled to any Cofls whatlbever ; and if the Verdidl: i^ercndant, fhall be given for the Defendant or Defendants in fuch Adion or entit'led to Suit, and the Judge or judges before whom the fame fliall be tried ^^^i- or heard, fliall think fit to certify that fuch Debt ought to have been recovered in the f:iid Court cf Requefts, then and in every fuch Cafe fuch Defendant or Defendants ihall have Cofrs, and fuch Re- medy for recovering the fame as any Defendant or Defendants may have for his, her, or their Cofts in any Cafes by Law ; and no Adion or Suit which fliall be commenced or profecuted in the faid 65. Court i 24 ] Court of Requefts ir, purAiance of this Aft, nor any Proceedings therein, Hiall or may be removed into any Superior Court, except by the Plaintiff or Plainriffs in Cafes where the Defendant or Defendants ihall have removed himfeif, herfelf, or thcn;felves, or his, her, or their Eiieds, outofthe Jurifdidion of the faid Crurt, after a Decree or Judgment by Certiorari, or any other Writ or Procefs whatfoever; but every fuch Decree and Judgment ihiali be final and conciuiive between the Parties to all Intents and Purnofes whatfoever. Kothmg in Provided always, that notliing herein contained fhall extend, or theAacL-n- j^g conftrued to extend, fo as to prevent or reftrain any Peri"on from lent^Vrrfoi's diifrainuig for any Rent or Arrears thereof, although the liime i\r.\\\ from d if- not exceed the Sum oi: Five Pounds. training for Statute of And, for removing all Doubts whether the Statute of Limitations Limiiarions may be pleaded in the faid Court of Requefts j IT is hereby further "leaded Enaded and Declared, That all Defendants in the faid Court fliall be allovv^ed to plead or claim the Benefit of any Statute of Limita- tions in force and efted j and every Defendant fo pleading or claim- ing, ihall have and receive fuch and the like Advantage and Relief thereby, as fuch Defendant would have been entitled to in cafe this Adt had not been made, and he, (lie, or they had been fued for the fame Debt, or other Caufe of Adbon, in any of His JVIajefty's Courts of Record at Wcjlmin/ter, or any other Court, and had there pleaded fuch Statute in bar to the Atlion or Suit. Recovery ^^^ ^^ '^ further Enabled, That all Penalties or Forfeitures by and App'iica- virtue of this A(fl impoicd {xhc Manner of levying and recovering lion 01 1'e- whereof is not hereby othervvife particularly diredled) fliail be levied and recovered by Diftrefs and Sale of the Goods and Chattels of the Offender or Offenders, by Wa'Tant under the Hands and Seals of any Three or more of the faid Commiffioners (which Warrant fuch Commiffioners are hereby empowered to grant) upon the Con- feffion of the Party, or upon the Evidence of any credible Witnefs upon Oath ;and the Overplus (if any) of the Morey arifing by fuch Dillrefs and Sale, fhall be returned, upon Demand, to the Owner of fuch Goods and Chattels, after deduding fuch Fines and Penal- ties, and the Cofts and Charges of making, keeping, and felling the Diifrefs ; and fuch Penalties and Forfeitures when recovered ^if not hereinbefore diredted to be otherwife applied) Hiall be p;iid to the Clerk to the fiiid Commifiioners, and fhall be by the faid Commiffioners diftributed amongfi: the Poor of the faid Borough and Liberties thereof, and the ("aid Parifhes and Places within the [iirif- didlion cf the faid Court of Requefts, in fuch Shai-es and Proportions, and [ ^5 ] and in fuch Manner, as thefaid Commiffioners, or any Three or more of them, rtiall think right and proper j and in cafe fufncii.nt Diftrefs (hall not l>e found, or nich Penalties anu Forfeitures inall , ntft be paid forthwith, it H^all and may be lawful to and for the faid' Commiffioners, and they are hereby authori-zed and required, by Warrant under their Hands and Seals, to caufe the Offender or Offenders to be committed to the Common Gaol or Moufe of Corredlion for the faid Borough, there to remain, without Bail or Mainprize, for any Time not exceedino; Three Calend.ir Months nor lefs than Twenty-one Days, unlefs fuch Penalties and Forfeitures, and all reafonable Charges attending the Recovery thereof, rtiall be fooner fully p^id and fatisfied. And be it further Ena<51:ed, That in all Cafes where any Convic- FormofCon- tion fhall be had for any Offence or Offences committed againd this ''''^'°''- AO:, the Form of Convidlion fhall be In the Words or to the Effed following; (that is to fay) " BE it Remembered, That on this Day of " in the Year of the Reign of ** ji.B. is convidled before of His Majefly's Juftices " of the Peace for the Borough of Grimjby and Liberties *' thereof , or Parts of Z/?V//^/ \or, before of the " Commiffioners for the Recovery of Small Debts, within *' the Borough of Grimsby and Liberties thereof, and the " Parilhes and Places in the Hundred or Wapentake of " Bradley Haverjloe, and the Eafl: Divifion of the Hundred •« or Wapentake of Tarhorough, in the County of Lincoln^ I " of having [as the Ojfence Jhall be} and I [or, we] the faid " do adjudge him [her, or them] to forfeit " and pay for the fame the Sum of fuch ** Offence being contrary to the Provifions of an Ad:, made *' in the Forty-fixth Year of the Reign of King George the " Third, intituled [here irifert the Title of this A£l]. Given " under my Hand and Seal [or, our Flands and Seals] the " Day and Year aforefaid." And be it further Enabled, That where any Diflrefs fhall be Diflrefsnot made for any Sum of Money to be levied by virtue of this Ad:, the ""^'ll'^lf ^°' Diflrefs itfelf fhall not be deemed unlawful, nor the Party or Parties pofm. making the fame be deemed a Trefpaf3er or Treipafiers on Ac- count of any Defeft or want of Form in the Information, Sum- mons, Conviilion, Warrant of Diflrefs, or other Proceedings re- lating thereto, nor iliall the Parry or Parties diflraining be deemed. a 65. G Trefpufler [ 26 ] Trefpafler or Trefpaflers, ab itiiiio, on Account of any Irregularity which fhall be afterwards done by the Party or Parties (o dif- training ; but the Perfon or Perfons aggrieved by fuch Irregularity, ftvall and may recover full Satisfadlion for the fpecial Damage in an Aftion upon the Cafe. Proceedingf And be it further Enafted, that no Order, Verdidt, Afleffinent, qu'fnedVor ^^ Judgment, or other Proceedings made touching or concerning want of any of the Matters aforefaid, or touching or concerning the Form, nor to Convicliou of any Offender or Offenders againft this Ad, (hall be be rrmnvable •' o ' ty Certio- quamed or vacated tor want or rorm only, or be removed or re- fari. movable by Certiorari, or by any other Writ or Procefs whatfo- ever, into any of His Majefty's Courts of Record at IVeJlminjler i any Law or Statute to the contrary thereof in anywife notwith- flanding. Plaintiffnot And be it further Enacted, That no Plaintiff or Plaintiffs fhall re- wit^hou^' cover in anv A61ion to be commenced againft any Perlon or Perfons Motice, or for any Thing done in purfuance of this Adt, unlefs Notice in °/ Ame d^^*^ writing fhall have been given to the Defendant or Defendants Fortv-two Days before fuch Adion be commenced, of fuch in- tended Adion, figned by the Attorney foi the Plaintiff or Plaintiffs, fpeci/ying the Caufe of fuch Adtion ; nor ftiall the Plaintiff or Plain- tiffs recover in any fuch Adion, if Tender of fufficient Amends hath been made to him, her, or them, or to his, her, or their At- torney, by or on the Behalf of the Defendant or Defendants, before fuch Adion brought ; and in cafe no fuch Tender fliall have been made, it fhall and may be lawful to and for the Defendant or De- fendants in any fuch Adion, by Leave of the Court after fuch Adicn fliall have been brought, at any Time before Iffue joined, to pay into Court fuch Sum of Money as he, Ihe, or they (hall think fit, whereupon luch Proceedings, Order, and Judgment (hall be made and given in and by fuch Court, as in other Adioas where the Defendant is allowed to pay Money into Court. Provided always, and be it Enaded, That no Adion or Suit fhall be commenced againft any Perlbn or Perlbns for any Thing done in pur(uance of this Act, after Three Calendar Months next after the Fad committed ; and every fuch Adion or Suit fhiU be brought and tried in the County oi Lincoln and not elfewhere ; and if any fuch Adion or .'^uit ftiall be brought before Forty-two Days Notice (lull have been given, or after futhcient Satistadion made or tendered as aforefaid, or after the Tune limited for bringing the fame as aforefaid, or (hall be brought in any other County than as I-,imi'»'ion cf Aftion;. D 000 013 990 7 [ 27 ] as aforefaid, then and in every fuch Cafe the Jury fliall find for the Defendant or Defendants ; and upon fuch Verdid:, or if the Plaintiff fhall be nonfuited, or difcontinue his, her, or their Adion or Suit, after the Defendant or Defendants fhall have appeared, or if upon Demurrer Judgment fhall be given againfl fuch Plaintiff or Plain- tiffs, then and in every fuch Cafe the Defendant or Defendants fliall have Treble Cofls, and have fuch Remedy for recovering the fame as any Defendant hath for Cofls of Suit in other Cafes by Lav/. And be it further Enafted, That this Aft fhall be deemed and Public ASt. taken to be a Public Aft, and fliall be judicially taken Notice of as fuch by all Judges, Juftices, and others, without being fpecially pleaded. 65. ^ ON O ON •"j 5 1^ a- Ci — ft D 3 o' n < ■n 1 a. pa &9 n o 5' !? s a. -^ 5- n = ^ O r» n n r o c V) n ^ y 2 Q- "^ 3 (A 3 f» o •T3 rt 3- 6) ?5" 3 ^7= •s w **** '-. rt CJ 3" C f» C- ««.v3 5' S' o o n ,A yT*v