Page:Ruffhead - The Statutes at Large - vol 8.djvu/529

A. D. ^759. Anno tricefimo tcrtio Georgii II. C. 31, 495 To pull down the Houfe at the Corner of Tower Royals facing College Hill, and lay the Ground into the Street. In the Ward of Wall broke. To pull down the Houfe at the North Eaft Corner of Buckler $hury, which projeds before the other Buildings. In Bifhopfgate Ward. To pull down the two Houfes between New Broad Street and New Broad Street Buildings, which projefi: fo far into the Street as to make the Paffage and Communication to the faid Streets very narrow and inconvenient. CAP. XXXI. An Aft for regulating the Proceedings in Perfonal Adlions in the refpeftlve Courts Baron of the Hundred of High Peak, and Manor of Cajlleton, in the County of Derby. WHEREAS his moft Excellent Majefty, in Right of his Duchy of Lancajler, is feifed to Preamble, him, his Heirs and Succeflbrs, of and in the Hundred and Liberty of High Peak, and Manor of Cajllet07i, in the County of Derby, and of the Jurifdiilions of the two feveral Courts Baron within, and appertaining to the faid Hundred and Manor refpe6lively : And whereas from Time immemorial, Plea hath been held every three Weeks, or fo often as was requifite, in all Perfonal Alliens arifmg within the faid feveral Jurifdidlions, where the Debt or Damages have been under forty Shillings : And v/hcreas notwithflanding Juftice hath, for many Years, been ad- miniftered in the faid feveral Courts Baron, in the moft ftrid and impartial Manner, yet the Me- thod of compelling Debtors, and other Perfons, to appear to the faid A£lions which are com- menced in the faid Courts Baron, is in both the faid Courts by Summons and Diftrefs infinite; which is a very dilatory, and often an ineffedtual Method for that Purpofe ; and by reafon thereof, and alfo by reafon of the Expence which attends the Profecution of Caufes to Judgment in the faid Courts, and often afterwards when fuch Caufes are removed up to fome fuperior Court, honed Creditors are many Times difcouraged from attempting to recover the Debts due to them, and thereby many evil- difpofed Perfons, who have contraiSled fmall Debts within the faid Hundred and Manor, are incouraged (though able) to refufe or delay the Payment thereof, and do often fet their Creditors at Defiance; therefore the Freeholders, Refiants and Inhabitants, within the faid Hundred and Manor, have applied to the Right Honourable the Chancellor and Council of his Majefty's faid Duchy, in order that fome proper Method may be provided for regulating the Proceedings in, and amending the Defeds which fo attend, the feveral Jurifdi£^ions of the faid Courts Baron refpe6tively, and for preventing all unneceflary Delays and Expences in the faid Proceedings, and for providing, from among the feveral Suitors of the faid feveral Courts Baron, fit, able, difcreet, and indifferent Homagers or Jurors to try all IfTues which fhall ftand for Trial in any Plaint, Suit or Aftion to be depending in the faid refpe6tive Courts, and the like fit, able, difcreet, and indifferent Homagers or Jurors for the finding of Inquefts and taking of Inquifitions upon ProcefTes which may iflue out of, or on any other Proceedings which may be had in the faid Courts refpeitively, in Nature of Writs of Inquiry of Damages at the Common Law; and the faid Chancellor and Council are of Opinion, that it v/ill be for the Benefit of his Majefty's Sub- )e£ls refpeiSlively inhabiting within the faid Hundred and Manor, if an A61 could be obtained for the Purpofes aforefai^ ;' Wherefore may it pleafe your moft Excellent Majefty, that it may be . enafted ; And be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Coirsmcns, in this prefent Parliament affem- bled, and by the Authority of the fame. That from and after the f.venty-fourth Day of 'June in the On Plaint or Suit en- Year of our Lord one thoufand feven hundred and fixty, whenever any Plaint fhall be entered, or tercd, or commenced, any Suit or A6tion fliall be commenced, in cither of the Courts Baron fo as aforefaid belonging to ^'"' ^ ^^^^ " ^^"«ge the faid Hundred of High Peak, or Manor of Cciftleton (the Debt or Damages in fuch Plaint, Suit "'"'^"'""'"'"^ '°^° or Aftion, not amounting to the Sum of forty Shillings) it fnall and may be lawful to and for all Application to be made and every Perfon and Perfons, who (hall have fo entered any fuch Plaint, or commenced any fuch ^° ^^^ Steward of the Suit or Action as aforefaid, by himfelf or themfelves, or by his or their Agent or Agents, to apply uefendan° '^^'^'"°" ^^* to the Stewards of the faid Courts Baron reipedively, or to his or their Deputy or Deputies, to ilfue ' his or their Precept to the Bailiff or Bailiffs, or other proper Officer or Officers of the laid refpec- tive Courts, to warn and fu rmon the Defendant or Defendants in every fuch Plaint, Suit or A6lion, to appear at the next Court, and to make his or their Defence to fuch Plaint, Suit or A6tion, in fuch Manner as fuch Defendant or Defendants fhall be advifed ; and thereupon fuch Steward or Steward to ilTue his Pre- Stewards, or his or their lawful Deputy or Deputies, fhall accordingly iiiue his or their Precept to cept accordingly to the the Bailiff or Bailiffs, or other proper Officer or Officers, to warn or fumuion the faid Defcn- fjjj^^^'^'; '^ "«^""^* dant or Defendants to appear and make his or their Defer.ce as aforefaid ; and all and every fuch ^ ^"^^' Bailiff and Bailifts, and other Proper Officer and Officers, is and are hereby authoiifed and required to execute the faid Precept, by perfonal Service of a Copy of fuch -Precept on the Defendant or De- fendants, or by leaving a Copy of fuch Precept at the Dwelling- houfe cr Place of Abode of fuch Defendant