Page:Ruffhead - The Statutes at Large - vol 8.djvu/536

i9^ C. 31. Anno tricefimo tertio Georgii II. A. D. 1759.* lively, where interlocutory Judgment {hall have been entered againft the Defendant or Defendants, fhall take the following Oath; that is to fay, ' T J. B. do fwear. That I will well and truly inquire into and afTefs Damages between the Par- ' J. ties, without Favour or AfFedion.' So help me God. Steward of the Court XXX. And be it further enaded, That if any Perfon owing Suit and Service to the faid Courts may Fine Jurors for not Baron refpe<£tively, who fhall have been duly fummoned purfuant to this AiSt to appear at the next attending. Court to be held for the faid Hundred or Manor, and there to ferve as a Juror or Homager, either for the Trial of Urucs, or for the finding of Inquelts, and taking of Inquifitions upon fuch Proceflcs or Proceedings as aforefaid, fhall make Default and adually refufe or wilfully negle£l to appear after being three Times called in open Court; and upon Oath made in open Court by fuch Bailiff or BailifFs, or by fome other credible Perfon or Perfons, that fuch Suitor fo making Default had been duly fummoned ; then, and in every fuch Cafe, it fhall and may be lawful to and for the re- fpe<Sive Stewards of the faid Courts Baron, or their Deputies, for the time being (unlefs reafonable Caufe fhall be fhewn to the contrary) to fine fuch Perfon fo being a Suitor as fliall fo make Default, and aiSlually refufe, or wilfully negle£l:, to appear, in any Sum not amounting to forty Shillings, Fine* to be levied by not lefs than ten Shillings ; which faid Fine or Fines, not being paid by the Space of ten Days DiftiefsandSak, ^^^^^ ^^^^jj p-j^g ^j. pj^es fet, fhall, together with the Cofts of levying thereof, be recovered by Diltrefs and Sale of fuch Defaulter's Goods and Chatties, byvWarrant under the Hand and ?T"r'^'^u'"'*r-'l'^^°^eal of the Steward of the faid refpeftive Courts Baron, or his Deputy, and fhall be ap- Ufeofh.sMajtfty, &c. pjj^j ^^ ^^^j ^^^ the Ufe of his faid Majefly, his Heirs and Succeflbrs, in the Right aforefaid. Proceedings or Judg- XXXI. And be it enafted. That from and after the faid twenty- fourth Day of June in the Year ments of the Courts not of OUT Lord one thoufand ken hundred and flxty, no Plaint, Suit or A£lion to be entered or lemoveable, commenced in either of the faid Courts Baron, or any Judgment or other Proceedings to be had thereupon, fhall be removed or removeable out of either of the faid Courts Baron, by any Writ of but ro be final and con- Recordari facias Loquelaniy Certiorari^ falfe Judgment, or otherwife howfoever, but fuch Judgments » as fhall be refpe6tively given in the faid Courts refpe£lively, fhall be final and conclufive to all Par- ties whatfoever. Plaints in Replevin XXXII. Provided always. That all Plaints in Replevin fhall be proceeded in and removeable in excepted. ^^ fame Manner as if this KQi had never been made. All Perfons refiant XXXIII. Provided alfo, and it is nereby enabled and declared, That it fhall and may be lawful within the Jurifdiaion to and for all and every the Inhabitants and others refiding within the faid Jurifdi«5tions refpedlively, Md'l^^m'lca'deY ^'"^ ^^ ^^^^ Attornies as others, to fue and be fued, plead and be impleaded in the faid Courts Baron impi-ae. refpedlively, in any Plaint, Suit or A6lion, where the Debt or Damages fhall not amount to the Sum of forty Shillings ; any Privilege, Exemption, Law, Ufage or Cuftom to the contrary thereof in any wife notwithflanding. Jurifdiaion of the Court XXXIV. Provided alfo, That nothing herein contained fhall be conftrued to enlarge, extend, not extended by this Aa. or increafe, or to diminifh, lefTen, reftrain, or prejudice, the Jurifdidtions of the ^id Courts Baron refpe6lively, fave in fuch Matters and Things as are in and by this Adt exprefly mentioned and declared. Proceeding of th-; Court XXXV. Provided alfo, That nothing herein contained fhall extend to abridge, change or in Real Aclions not alter thc Proceedings in the faid feveral Courts, in the Nature of a Real Adf ion, but that altered by this Ad. ^^^)^ Proceedings may and fhall be had therein, as were ufed and accuftomed before the paf- fing this Ad. TurifdiaionoftbeBere- XXX VI. Provided alfo. That nothing herein contained fhall extend to abridge, change or alter hemote, &c. Courts, the Jurifdidion or Proceedings in the Berghemote Courts, or Mineral Courts, or any of the Mi- not altered by this Aft. ^^^^| i^^^^^ Cuftoms or Ufages within the Hundred oi High Peak^ and Manor oi CaJiUton afore- faid, but that the fame fhall and may continue and be as were ufed and accuftomed before thc pafling of this Act. Form of Precept for Ex- XXXVII. And be it enabled. That as well in all Cafes where Judgmicnt fhall be given or pro- ecutioa on Judgment, nounced in the faid Courts Baron refpe£tively, in any Plaint, Suit or Adtion, depending in the faid Courts, or either of them, for the Plaintiff or Plaintiffs, Defendant or Defendants, and Execu- tion fhall be thereon awarded, as in all other Cafes where the faid Courts Baron, or either of thera, fhall order or award any Cofts, Damages, Charges, or Expcnces, or any Fine or Fines, Sum or Sums of Money whatfoever, to be paid, rendered or anfwered by any Plaintiff or Plaintiffs, Defen- dant or Defendants, or other Perfon or Perfons in purfuance of this A£t, it fhall and may be lawful for the rcfptdtive Stewards of the faid Courts Baron for the Time being, and their Deputies refpec- tivcly, at the Prayer of the Party or Parties intcrefted therein, or of fome other Perfon on his or their Behalf, or of their own Authority in Behalf of his faid Majefty, his Heirs and Succcffors, where his faid Majefty, his Heirs and Succeffors fhall be intercfted therein, in fuch Right as aforefaid, to iffue a Precept or Warrant under their refpedlive Hands and Seals in the Nature of a Writ, either oi Fieri facias or Levari facias ^ to be directed to the Bailiff or Bailifts of the faid refpedive Courts, or other proper Oflicer or Officers, thereby diredting and requiring him or them to levy fuch Debt, Cofts, Damages, Charges or Kxpences, Fine or P'incs, Sum or Sums of Money, for which Judgment fhall have been recovered againft fuch Plaintiff or Piaintifts, Defendant gjr Defendants, or which fuch 3 Plaintiff