Page:Ruffhead - The Statutes at Large - vol 7.djvu/303

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Ckiks, A. D. 1750. Anno viceiimo tertio GeorgiiII. C. 27, 259 authorized and required to elefl: another Perfon or Perfons in the Room of fuch of the faid Clerks Co dying, refigning or being removed as aforefaid, for the Ufe and Purpofes in this AQ. contained ; and fo from time to time, upon every Vacancy of the faid Office of Clerk, for ever. XVI. And be it further enaiSted by the Authority aforefaid, That no Perfon or Perfons fhall be capable CommifTmners of aiSting as Commiffioner or Cominiffioners, in the Execution of the Powers given by this Aft, until fuch w beiV.oni. Time as he and they ihall have refpetSively taken an Oath to the EfFed following : J. B. do fwear. That I will faithfully, impartially, and honeftly, according to the befi: of my Judg- The Oath, ment, hear and determine fuch Matters and Things as fliall be brought before me, by virtue of an A£t of Parliament (intituled. An A Si for the more eafy and fpeedy Recovery of Small Dehts zvi thin the City and ' Liberty fl/",Wefl:minfl:er, and that Part of the Dutchy of Lancafter which adjoineth thereto) without Fa- • vour or Affeftion to either Party; and that I am now feifed of Lands, Tenements or Hereditaments, of

  • the yearly Value of twenty Pounds, clear of all Incumbrances; or that I am poffefled of a Perfonal Eftate

' of the Value of five hundred Pounds.' Which Oath the faid Clerks, or one of them, are or is hereby impowered and required to adminifter in toleadminiflsr- open Court ; a Memorial whereof fliall be entered in the Regifters of the faid Court. "^"^ J "Clerk, XVII. And be it further enafted by the Authority aforefaid. That the feveral Fees hereafter limited and Fets'dwr/to expreffed, and no other Fee or Fees, fliall and may be taken for the refpe£live Services of the faid High Bai- be uLn by he Jiff and Clerks i that is to fay. High Bailiff an4 For ifTuing out every Summons, to the Clerk or Clerks, three Pence. For the Service of fuch Summons, to the High Bailiff, three Pence. ; For every Hearing, to the Clerk or Clerks, three Pence ; to the High BailifF, one Penny. For an Attachment againft the Defendant for not appearing to the Summons, to the Clerk or Clerks, fix Pence ; to the High BailifF, one Shilling and two Pence. For an Execution, to the Clerk or Clerks, ten Pence ; to the High BailifF, one Shilling and two Pence. For paying Money into Court, to the Clerk or Clerks, feven Pence. For acknowledging Satisfadiron in full, to the Clerk or Clerks, four Pence. For fearching the Books, to the Clerk or Clerks, two Pence. For calling the Defendant before the Court, when he refufes to appear, to the Clerk or Clerks, two Pence ; to the High BailifF, two Pence. For a Nonfuit on the Plaintiff's not appearing, to the Clerk or Clerks, two Pence : A Table of which Fees fhall be hung up by the Clerks of the faid Court, or one of them, in fome publick or Table of the confpicuous Part of every Place where the faid CommiiFioners fhall meet for the Purpofes aforefaid ; to the ^'^^ to be hung end that all Perfons may at ail Times fee and read the fame. upintheComu. - XVIII. And be it further enaded. That if the faid High BailifF for the time being, or any of his OfH- Penalty on the cers, or the faid Clerks, or any of them, fhall take or demand any greater or other Fee or Fees than as HighBajhfj, &c. above-mentioned, or otherwife raifbehave, that then, upon Complaint made to the faid Commiffioners fit- ^^^^ ^°_ ting in Court, of the faid OfFence or OlFences, fuch Complaint being duly proved upon the Oath or Oaths ' ' ' of one or more credible Witnefs or Witnefles, againft him or them fo ofFending, as aforefaid, the faid Com- mifEoners fliall proceed to punifh fuch Perfon or Perfons fo ofFending, as aforefaid, by Fine, not exceeding the Sum of five Pounds for any one OfFence, to be levied by Diftrefs and Sale of the Offender's Goods and Chatties, by Warrant under the Hands and Seals of the faid CommifHoners, or any three of them (render- ing to the Owner the Overplus, after the Charges of fuch Diftrefs and Sale are dedudfed) and to be paid AppHcation of over by the fiiid Commiffioners, and applied to the Ufe of the Sick in the Wrfminjicr Infirmary. the Penahy. XIX. And be it further enafted by the Authority aforefaid. That if upon Complaint made by any Per- Method nfPro. ion or Perfons of the Mifl^ehaviour of any Clerk or Clerks appointed or to be appointed by virtue of this ceeding againft A£l, or of any Clerk or Clerks taking or demanding any greater or other Fees than as above-mentioned, it Clerks where as foon as conveniently may be, by publick Notice to be given in the feveral Parifli Churches aforefaid, by the Parifh Clerks thereof (which Notice the faid Parifh Clerks are hereby required and directed to give without Fee or Reward) immediately after Divine Service, on the Sunday Morning next before fuch Meet- ing is to be held (fuch Sunday to be at leaft three Days before the Day appointed for fuch A/Ieeting) to exa- mine into the R'lerits of fuch Complaint; and if it fliall then appear to the Commiflioners, being not lefs than fixty prefent, or to the major Part of them, that fuch Clerk or Clerks hath or have been guilty of a • grofs Mifbchaviour, or Breach of Duty in his or their Office, that then it fhall and may be lawful to and for the faid Commiffioners, or the major Part of them, to fufpend or remove fuch Clerk or Clerks from his or their faid Office, and to eledf: another Perfon or Perfons in the Room of the Perfon or Perfons fo removed. XX. Provided always. That this Act, or any thing herein contained, fhall not extend to any Debt for Certain Debts any Rent upon any Leafe of Lands or Tenements, or any other real Contrail, n-^r to any Debt which fnall "°t 'laWe to be arlfe by reafon of any Caufe concerning Teftament or Matrimony^ or any thing concerning, or properly "° y !■ is, i • belonging to the Ecclefiaftical Court, albeit the fame fliall be under forty Shillings; any thing herein before contained to the contrary in any wife notwithftanding. XXI. And be it further ena£led by the Autliority aforefaid, That no A£tion or Suit for any Debt not ^"-"'tfor amounting to the Sum of forty Shillings, and recoverable by virtue of this A6t in the faid Court of P^e- Pj'"^ rccovcr- quefts, fliall be brought againft any Perlbn refiding or inhabiting within the Jurifdi£tion thei oof, in any f^^^^j. ^','o"pht ,„' other Court v.'hatfoever. ^nyotlia- Court. L I 3. ' XXII. And