Page:Ruffhead - The Statutes at Large - vol 8.djvu/271

A. D. 1757' - Anno trlcelimo primo Georgii II. C. 24. 237 A Table of which Fees (hall, from time to time, be hung up by the Clerk of the faid Court in feme con- Tabic of Fees 10 fpicuous Part ot the faid Court, or Place where the faid CommiiTioners fliall meet, fo that all Perlbns who be iiuiic up m {hall attend the faid Court may fee and read the fame. the Court. XVI. And be it further enacted by the Authority aforefaid. That if the faid Clerk of the faid Court for Penalry of ta- the time being, or his Deputy, or the faid Attornies or Serjeants, or any of them, or any Perfon cm- '^'"3 P^*^"^ ployed by or under them, or any of them, (hall take or demand any greater or other Fee or Fees °'^" than as above mentioned, upon Complaint and due Proof thereof, upon the Oath or Oaths of one or more credible Witnefs or Witnefles made in open Court, the faid Commiflloners, or any three or more of them, being a Majority of the faid Court, {hall, and are hereby impowered and requir- ed, from time to time, to punifa fuch OiTender- by Fine, not exceeding five Pounds, nor lefs than ten Shillings for one Offence ; to be levied by Diftrefs and Sale of the Offender's Goods and Cha- tles, by Warrant under the Hands and Seals of the faid Commiffioners, or any three or more of ^ t, . -j them, rendering to the Ov/ner the Overplus (if any) after the Charges of fuch Diftrefs and Sale ^^^ intothcChlai- dedud^ed i which Fine, when recovered, ihall be paid to the Chamberlains of the faid Borough, for the beilain's Court, Ufe of the Corporation oi Gnat Yarmouth aforefaid, in like Manner as other Fines within the faid Borough, for the xjiz of are, and have ufually been paid : And if the faid Clerk of the faid Court for the time being fliall be guilty the Corporation, of any notorious A'lifbehaviour, either by continually or frequently taking or demanding greater or other HowtheCom- Fees than as aforefaid, or any otherwife, upon Complaint made, the faid Com.miflioners, or any three or proc'eeJ uon more of them, fliall in open Court, hear and inquire into the Matters of the faid Mifbehaviour by the Oath complaint of or Oaths of one or more credible Witnefs or Witneffes, and fhall, if they (being a Majority of the faid Mifbehavfour Court) {hall think fit, certify the Particulars of the faid Mcfbehaviour, with the Proofs thereof, unto the aga'mft the Mayor of the faid Borough for the time being, who fhall thereupon cauie all the faid Commiffioners to be ^■'■^' fummoned to meet at a convenient Time and Place, and fhall lay the fame before the Commiffioners af- q^^^j ^,„g„ fembled purfuant to fuch Summons, who fliall take the fame into Conftderation, and may, according to Conviai n to their Difcretions, fufpcnd or remove the faid Clerk fo offending from his faid Office, and nominate and ap- Aifpt-nd or re- point another fit and able Perfon to exercife the (aid Office in his Place and Stead. ""'"^^ "■•' XVII. And be it further enacted by the Authority aforefaid. That if any of the CommiiTioners of the Where a Com- faid Court for the time being fliall be a Party to, or intcreltcd in, any Caufe depending in the faid Court, ("^io'Jrfnt-refl^ed fuch Perfon fliall not be capable of a£ling as a Commiffioner in the hearing or determining the faid Caufe, ^^ a Caufe" he or makjng any Order, Decree or Judgment therein ; but after being heard in the faid Caufe, fhall withdraw is to withdraw, until the fame is fmally determined : And if the Clerk of the faid Court, or any other of the Officers there- after giving of for the time being, fliall be a Party to, or interefted in, any Caufe depending in the faid Court, fuch Evidence, Clerk, or other Officer, fliall not exercife his faid Office in the faid Caufe, or any thing relating thereto, but ^"^^^J^^ or^jh^r the faid Commiffioners, or any three or more of them, affcmbled at fuch Court, being a Majority of the OfScers are in- faid Court, fhall and may appoint another Perfon to exercife the Office of fuch Clerk or other Officer re- terefied, the- fpedtively, in all things relating to fuch Caufe : And no Attorney of the faid Borough Court, or Clerk or Courtis toap- other Officer of the faid Court of Requefls, fo long as they refpeftively continue in fuch Office, (hall be P°^"f °j-"^ ^^ capable of being nominated for, or adling as a Commiffioner of the faid Court. OfiicTrs^ofThe Court difqualified from being Commiffioncii. XVIII. And for the more effe£l:ual Eflablifhment of the faid Court, and that the Commiffioners thereof Pen.ihy of in- may be veiled with a proper Authority, and be free and exempt from Infult and Abufe ; Be it enadled by the fiiltingor abu- Authority aforefaid. That if any Perfon fhall contemptuoufly and wilfully infult or abufe all or any of the *?"? 'I'e^ou": Commiffioners of the faid Court for the time being, during their fitting in the faid Court, or wilfully prevent s"'j"fp' "^'^ or hinder them, or any of them, from proceeding in the Bufinefsof the faid Court, it fhall and may be law- ful for the Serjeants of the faid Court, by Order of the faid Commiffioners, or any three or more of them, being a Majority of the faid Court, to take fuch Offender or Offenders into Cuftody, and carry him, her or them, before the Mayor, or any other Juftice or Juftices of the Peace for the faid Borough ; and upon tl-.c Infult, Abufe or other Mifbehaviour as aforefaid, being duly proved by the Oath or Oaths of one or more ■credible Witnefs or V/itneffes, the faid Mayor, Juftice or Juflices, fliall punifli every fuch Offender, either by Fine not exceeding twenty Shillings, upon any one Perfon for any one Offence, to be levied by Diftrefs and Sale of the Goods of the faid Offender, or Imprifonmcnt in the Common Gaol of the faid Borough, for any Space of Time not exceeding ten Days ; and where the faid Mayor, Juftice or Juftices, fhall have impofed a Fine upon fuch Offender, and there fhall not be found fufficient Goods of fuch Offender, where- upon fuch Fine can be levied, the faid Mayor, Juftice or Juftices, fliall and may by Warrant under his or their Hand or Seal, Hands or Seals, commit the faid Offender to the Common Gaol of the faid Borough, there to rem^ain for any Space of Time not exceediiig ten Days ; and all fuch Fines as aforefaid, fliall, v/hen levied, be paid and applied, in like Manner as the Fines herein before-mentioned are diredled to be paid and q^^,^ of th'- applied ; and the faid Clerk of the fiiid Court for the time being, fhali, hom time to time, caufe a true Copy c)ai;;e to be fix- of this Ciaufe to be fixed up in the Court or Place where the faid Commiffioners fhall meet, in fome confpi- ed up in ihe cuous Part thereof, where the Perfc;)ns reforting to the faid Court may fee and read the fame. Court. XIX. And be it further enaded by the Authority aforefaid. That if in any A6lion of Debt, or hdior. on If any Adtion the Cafe, upon an AJjumpfit for the Recovery of any Debt or Thing, to be fued or profecuted againft any f"' l^'^'^t under Perfon or Perfons as ;iforefaid, in any of the King's Comis 2it IVeft mi njter^ or elfcv/here, out of the faid ^J^j".'^'^'"'° Court of Requefts, the Plaintiff or Plaintiffs fnall declare for any Sum of Money not amounting to forty o"ther'*Co"rr Shillings,_ the Defendant or Defendants may plead generally in Bar of fuch Action, that at the Time of coirmencing fuch Action, the Defendant or Defendants was or were liable to be warned or fummoned be- fore the faid Court of Requefts, without pleading any other A^attcr fpecially ; and if the Plaintift" or Plain- the Court co tiffs in any fuch Adlion, fhall declare for any Sum amounting to forty Shillings or more, the Defendant or award the De- Defendants ^'■"'^^"^^^"^^* Cofls,