Page:Ruffhead - The Statutes at Large - vol 8.djvu/537

A.D. 1759. Anno trlcefimo tertio Georgii II. C. 31. 503 Plaintiff or Plaintiffs, Defendant or Defendants, or other Peifon or Perfons, fliall be fo ordered or awarded to pay, render or anfwer as aforefaid j and fuch Bailiff and Bailiffs, and other proper Offi- cer and Officers, is and are hereby authorized to levy and raife the Sum or Sums of Money to be mentioned in fuch Precept or Warrant, in the fame Manner as any Sheriff may levy Money by virtue of any Writ of Fieri Facias iffuing out of any of his Majefty's Courts of Record at IVe/lminJier. XXXVIIL And be it alfo enabled. That as well in all Cafes where Judgment (hail be given or Form of Precept forEt- pronounced in the faid Courts Baron refpsclively, in any Ma:nt, Suit c; Adion depending in the ^cution by Attachment. faid Courts, or either of them, for the Plaintiff or Plaintiffs, Defendant or Defendants, and Exe- cution {hall be thereupon awarded, as in all other Cafes where the faid Courts Baron, or either of thern, fhall order or award any Cofts, Charges, Damages or Expences, or any Fine, Sum or Sums of Money whatfoever, to be paid, rendered or anfwered by any Plaintiff or Plaintiffs, Defendant or Defendants, or other Perfon or Perfons, in purfuance of this Ait, it fhall and may be lav/ful for the refpe£tive Stewards of the faid refpedive Courts Baron for the Time being, or their Deputies re- fpe6tively, at the Prayer of the Party or Parties interefted therein, or of fouie other Perfon on his or their Behalf, or of their own Authority on Behalf of his fiid Majefty, his Heir^^ and Succeffors, as aforefaid, when is faid Majefty, his Heirs and Succeffors fhall be interefted therein, in fuch Right as aforefaid, to iffuc a Precept or Warrant under their refpective Hands and Seals, in the Na- ture of a Writ oi Capias ad fatisfacieudum, to be diredted to the Bailiff or Bailiffs of the faid refpec- tive Courts, or other proper Officer or Officers, thereby directing and requiring him or them to at- tach and take the Body and Bodies of fuch Perfon and Perfons againft whom fuch Precept fhall be iifued as aforefaid, and to detain him and them in Prifon under fafe Cuftody, for the Space of three Calendar Months, or for fuch other or fliorter Space of Time as fhall be within the true Intent of any of the Provifions or Directions contained in this A(St. AXXIX. Provided neverthelefs. That if any Perfon or Perfons fo being attached or taken in P«*<"' attached ptiyi^g Execi non by virtue or in purfuance of this Adl upon any fuch Precept or Warrant, fhall at any j^fj^^^f^'J"'^ ^"* '** ^^ Time during his or their Imprifonment, or being in Cuftody as aforefaid, pay or tender the "^ "^*^ " Sum or Sums of Money fo fet or impofed, or awarded or directed to be paid by the faid Courts Baron refpeftively, together with his or their Fees, and all other reaibnable Cofts to be incurred fublequent thereto, then he and they fhall be forthwith difcharged out of Cuftody, and fuffered to go at large. XL. Provided always, and be it enabled. That no Execution by virtue or under the Authority Execution not KTuabie of this r>refent Aft fhall iffue or be taken out in any Plaint, Suit, or Action, where the Defendant °" nefauh of Appear- or Defendants in fucii Plaint, Suit or Adion, fhall have made Default in not appearing to the ori- aQ« o' Defendant, ginal Precept in fuch Plaint, Suit or Action ; and the Plaintiff or Plaintiffs by virtue of this A(5l fhall have appeared for fuch Defendant or Defendants, and fhall have declared againft him or them, and fhall have entered Judgment againft fuch Defendant or Defendants by Default, unlefs it fhall be "nlefs Notice be giv^n made appear to the Satisfadirn of the refpedive Stewards of the faid Courts Baron refpeaively, or •"" °^ ^""'"'" ^ ='*• their refpective Deputies for the time being, that the Plaintiff or Plaintiffs in every fuch Plaint, Suit, or Adion, fhall have caufed Notice in Writing to have been given to or left at the Dwelling-houfe or Place of Abode of fiKh Defendant or Defendants, That a Declaration was filed againft fuch De- fendant or Defendants as afoiefaid, at leaft five Days before the Court on which the Defendant or Defendants was or were, by virtue of this A61, or otherwife, to have pleaded to fuch De- claration. XLT. And be it enaded, That if any Perfon or Perfons fhall contemptuoufly affront the faid P"^""' a'^'^ont'f g or Courts Baron, or either of them, or be guilty of any Contempt or Difturbance in the faid feveral thile futlnc-^^to'be'^ta. Couits Baron, or either of them, during the Sitting of the Court, it fhall and may be lawful to and ken into Cuftody •* for the refpedtive Stewards of the faid Courts Baron refpedively, and his and their Deputy and De- puties refpedively, to order fuch Perfon or Perfons fo offending, to be taken into the Cuftody of the liailifF or Bailiffs, or other Officer or Officers there, belonging to or attendant on the faid re- fpective Courts ; and fuch Bailift' or Bailiffs, Officer or Officers, is and are hereby authorized and required to take fuch Perfon or Perfons into his or their Cuftody, and to detain him, her or them during the Sitting of the faid refpedive Courts, and the refpe<Stive Stewards of the faid refpedtive Courts Baron, or their Deputies may, if he or they fhall think fit, impofe a Fine upon the Perfon and maybe fined, or Perfons fo offending in the Premiues as aforefaid, fo as fuch Fine do not exceed the Sum of fc>rty Shillings, to be levied together with Cofts, in fuch Manner as herein after mentioned, and be ap- pHed to and for the Ufe of his faid Majefty, his Heirs and Succeffors, in the Right aforefaid ; and and committed for Non- upon Nonpayment of fuch Fine or Fines as aforefaid, it fhall and may be lawful to and for the re- P^^"^'"'* fp'ctive Stewards of the faid refpedtive Courts Baron, and their refpe6live Deputies, by Warrant under their refpedive Hands and Seals, to commit fuch Offender or Offenders to Prifon, or to the Cuftody of any of the Bailiffs or Officers attending the faid Courts refpectively, for any Space of Time not exceeding forty Days, unlefs he, fhe or they fhall fooner pay the faid Fine or Fines fo im- pofed as aforefaid ; in which Cafe, he, fhe or they on Payment of fuch Fine or Fines, fhall be forth- with difcharged out of Cuftody. XLII. r.nd be it enacted, That if any Perfon or Perfons fhall wilfully obftrudt, hinder or pre- Perfons obftructjng Of- vent the Bailiffs or other Officers of the faid Courts Baron refpedively, or any of them, in the Exe- ^cer of the Court in the cution of any Precept, Warrant or Suaimonsj or other Procefs to-be ifluing out of the fame Courts ^"f ")j'°"j°'^ his Office, ■^ - Baron, *° ' "^ •