Page:Ruffhead - The Statutes at Large - vol 9.djvu/274

224 C. 40. Anno quarto Georgii III. A. D. 1763. Ami-Officer being inte- other Officer of the faid Court for the Time being, fhall be a Party to, or interefted in, any Caufe refted, the Court is to depending in the faid Court, fuch Clerk, or other Officer, fhall not exercife his faid Office in the iHttwwm^. " ^d'Cftufe, or any Thing relating thereto-, but the faid Comtniffioners, or any three or more of pio emp 1 . tneiT , 5 afl'embled at fuch Court, being a Majority of the faid Court, fhall and may appoint another Perfon to exercife the Office of fuch Clerk, or other Officer refpectively, in all Things relating to fuch Caufe. XVIII. And for the more effectual Eftablifhment of the faid Court, and that the Commiffioners thereof may be veiled with a proper Authority, and be free and exempt from Infult and Abufe, Be l'erfons infulting the it enacted by the Authority aforefaid, That if any Perfon or Perfons fhall contemptuoufly and wil- C0U Me Vh b' e flt h DS ' t ful!y in( " LlItor abufe a " or an y of the Commiffioners, or other Officers of the faid Court, for the going to^r'fconj'thi Time being, during their fitting in the faid Court, or going to or from the faid Court, or fh'all in- fame, or inteirupting the terrupt or obftruct the Proceedings of the faid Court, it (hall and may be lawful for the Serjeant or Proceedings, Serjeants of the faid Court, with or without the Affiftance of any other Perfon or Perfons, 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, may be puniiTied by Fine or any other JufHce or Juftices of the Peace for the faid Borough and Soke ; and upon the Infult, or Impriicmment. Abufe, or other Mifbehaviour as aforefaid, being duly proved by the Oath or Oaths of one or more credible Witnefs or Witneffes, the faid Mayor, Juftice or Juftices, fhall punifh every fuch Of- fender, either by Fine, not exceeding forty Shillings, nor under five Shillings, upon any one Per- fon, for any one Offence, to be levied by Diftrefs and Sale of the Goods of fuch Offender, or Im- prisonment in the Gaol or Prifon of the faid Borough and Soke, for any Space of Time not ex- Whers Fine cannot be ceeding two Months : And where the faid Mayor or Juftices fhail have impofed a Fine upon fuch ifommituf ° det 1S C ° be ° ffend . er > and thcre ft 311 not be found Efficient Goods of fuch Offender, whereupon fuch Fine can be levied, the laid Mayor, Juftice or Juftices, fhall and may, by Warrant under his or their Hand and Seal, or Hands and Seals, commit the faid Offender to the Gaol or Prifon of the faid Town, Application of the Fines, there to remain for any Space of Time not exceeding two Months : And all fuch Fines as aforefaid fhall, when raifed or levied, be paid and applied in like Manner as the Fines herein before-men- Copyof thisClaufe to be tioned are directed to be paid and applied ; and the faid Clerk of the faid Court for the Time being fixed up in the Court, ft^ from time tQ timCj caufe a true Copy of this ciaufe to be fixed up in the faid Court, or Place where the faid Commiffioners fhall meet, in fome confpicuous Part thereof, where the Per- fons reforting to the faid Court may fee and read the fame. ^«bTint r h°Coart'° a "r e XIXl And be k further enacted by the Authority aforefaid, That no Action or Suit for any no" to be brought in any P.e^t, not amounting to the Value of forty Shillings, and recoverable by virtue of this Act in the other. laid Court of Requefts, fhall be brought againft any Perfon or Perfons in any other Court whatfo- eyer, and concerning which any Order, Decree or Judgment, fhall have been before made or given in the faid Court of Requefts, fuch Order, Decree or Judgment, being pleaded or given in Evidence, on the General Iffue of fuch Action or Suit, fhall, as to the Matters contained t.ierein, The Regiflers of the be an effectual Bar to the Plaintiff or Plaintiff's in fuch Action or Suit; and the Regifters or Books rtTreoV^eem^le'al of Entr y of the faid Court > or true Copies, attefted under the Hand of the Clerk of the faid Court Evidence. ^ °^ Requefts for the Time being, and proved by the Oath or Oaths of one or more credible Wit- nefs or Witneffes, fhall be deemed legal Evidence of the Acts and Proceedings of the faid Court of Proceedings, &c. not to Requefts ; and no Suit which fhall be commenced in the faid Court of Requefts, in purfuance of this Act, nor any Proceedings therein, fhall or may be removed into any fuperior Court ; but the fame fhall be final and conclufive to all Intents and Purpofes. &" nofwok nl* XXl Provided always, and be it enacted by the Authority aforefaid, That this Act, or any Court." ' uaoemtlls Thing herein contained, fhall not extend to any Debt for Rent, upon any Leafe or Contract, where the Title of any Lands, Tenements or Hereditaments, can or may come in Queftionj nor to any Debt, Matter or Thing, that fhall or may arife upon, or in any wife relate to or concern any Caufe of Teftament, or Matrimony, or any Thing concerning or properly belonging to the Ecclefiaftica] Courts ; nor for any Debt for any Money or Thing won at or by means of any Horfe Race, Cock Match, Wager, or any Kind of Gaming or Play ; nor for any Forfeiture upon any penal Statute or By-law; nor to any Debt whereof there has not been a Contract, Acknowledg- ment, Undertaking, or Promife, to pay, within fix Years before the taking out the Summons, al- though the fame fhall be under the Value of forty Shillings. Penalty of wilful and XXI. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons, ill corrupt erjuiy. making Oath or giving Evidence in any Caufe or Matter depending in the faid Court of Requefts, purfuant to this Act, fhall commit wilful and corrupt Perjury, fuch Perfon or Perfons being duly convicted thereof according to Law, fhall incur and fuffer fuch Pains and Penalties, as any other Perfon or Perfons convicted of wilful and corrupt Perjury is, are, or fhall be fubject and liable to, by the Laws and Statutes of this Realm. Keepers of xhe common XXIL A d be ■ f urth er enacted by the Authority aforefaid, That the refpe£rive Keepers, for Gaol are to receive and , ™-,. ,. ., _ ■, ' *_, ,-. . . '. '„ „ ,, r f j keep in fate Cuftody, &c. 'be lime being, ot the common Gaol or rnfon within the laid i own, lharl, and they are hereoy lill Perfons committed by required to receive and take into their Cuftody, refpectively, all and every Perfon and Perfons who Order of the Court; fhall be committed, or ordered to ftand committed, by any three or more of the faid Commiffioners prefent in Court, being the Majority of fuch Court, or by virtue of any Warrant, Attachment, Execution, or other Procefs, iffuing out of the faid Court of Requefts; and in cafe the Keeper of the faid Gaol or Prifon refpectively, fhall neglect or refufe to receive and take into his Cuftody any Perfon or Perfons committed by virtue of this Act; or fhall, before the Expiration of the Time for