Hatfield (Yorks.) Small Debts Recovery Act 1839

JurisdictionUK Non-devolved
Citation1839 c. xcvii
ANNO SECUNDO & TERTIO
VICTORIA REGINJE
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Cap.xcvii.
An Act for the more speedy Recovery of Small
Debts within the Manor of Hatfield and other
Places in the West Riding of the County of
[17th August 1839J
York.
w
HEREAS the Manor of Haitefield otherwise Hatfield in
the West Riding of the Courjty pf York, comprising the
Market Town of Thome, and the several Parishes, Town,
ships,
and Places of Haitefield otherwise Hatfield, Thome, Fishlahe}
HatfieldrfVoodhouse, Stainforth, Sykehouse, Sand-Bramzvifh otherwise
South-Bramwith, and Dousthorp, and the adjoining Parishes, Town-
ships,
or Places of Barmby Dun otherwise Barmby-upon*Dun> Kirkr
Sandal, JtfearrSandal> Trumfleet and Thorp in Balne7 Streetthorpe
and Armihorpe, all in the County of YQrk9 contain a large Population,
who,
along with divers other Persons residing or trading within the
said Manor, and the said other Parishes, Townships, and Places, con7
tract Small Debts, which in the whole amount yearly to a very great
Sum of Money, and although many of such Persons are well able to
pay their respective Debts, they often refuse to pay the same, by reason
of which their respective Creditors are either obliged to forego their;
respective Claims, or for the Recovery thereof to incur an Expence
sometimes far exceeding and in all Cases disproportionate to the
lLocal.~\ .29 X Sums
2658 2° & 3° VICTORIA Cap.xcvn.
Sums in dispute: And whereas it would be a great Benefit to the
Inhabitants of the said Manor, and of the said adjoining Parishes,
Townships, or Places before mentioned, and tend much to the Support
and Protection of useful Credit within the same, if an easy and
speedy Method of recovering Small Debts within the said Manor,
and the said adjoining Parishes, Townships, and Places, were estab-
lished and provided by Authority of Parliament: May it therefore
please Your Majesty that it may be enacted ; and be it enacted by the
Queen's most Excellent Majesty, by and with the-Advice and Con-
sent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the same,
Constitution That the Judge and his Successor, to be appointed as herein-after
of
the
Court. mentioned, is hereby constituted a Court of Justice for the Recovery
of Small Debts within the several Parishes, Townships, _and Places
aforesaid, by the Name of (C Hatfield
Judge of the
Court to be +
appointed.
Where and
when Courts
shall be
holden.
In case of
Illness, &c.
the Judge
may appoint
a Deputy.
II.
And be it enacted, That it shall be lawful for the Lord Chan-
cellpr,.Lprd Keeper and Lords Commissioners of the Great Seal
•of'thai Part of the United1 Kingdom pf Englandand Ireland called-
England, for the Time being, at any Time after the passing of this
Act, and from Time to Time when and as any Judge to be appointed
under this Act shall die, resign, or be removed, to appoint any
Person who shall have been called to the Bar, and shall have practised
as a Barrister for at least Seven Years, or shall be an Attorney of one
of Her Majesty's Superior Courts of Common Law at Westminster)
who shall have been certified by Three or more Judges of the said
Superior Courts to the Lord Chancellor, Lord Keeper or Lords Com-
missioners of the Great Seal, for the Time being, as a fit Person to be
appointed to be Judge of the said Court,; and it shall be lawful for
the Lord Chancellor, Lord Keeper or Lords Commissioners of the
Great Seal, for the Time being, if he or they shall think fit, to
remove any Judge of the said Court for Misbehaviour, or upon a
Petition to be preferred to him for that Purpose by the Justices
of the West Riding of the County of York in Quarter Sessions
assembled ;. and every such Judge shall be entitled to hold his Office
during his good Behaviour therein, or until he shall die, resign, or
be so'removed.
III.
And be it enacted, That the said Court shall be holdeu at
Hatfield aforesaid, under the, Authority, of this Act, at such Times as
the said Judge shall think fit, but so nevertheless that the Intervals
between the holding of any Two Courts shall in no Case be more
than Two Months*
IV. And be it further enacted, That in .case of the Illness or
unavoidable Absence of the Judge of the said. Court it shall be
lawful for such Judge tot appoint some other Person,, being a Bar-
rister of Seven Years standing, or an Attorney of one of Her Ma-
jesty's Superior Courts, to act as his Deputy during such Illness or
unavoidable Absence; and every Person so appointed shall, during!
the.Time .for which he shall:be so appointed,.have the sapi.e Power
of deciding, determining, pronouncing .Judgment, making Orders,!
and; issuing Executions,, in any Suits or Actions brought before; him,
9 m

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