Stockport, Brinnington, Edgeley and Brinksway Court of Request s Act 1806

Cited in

Jurisdiction	UK Non-devolved
Citation	1806 c. cxiv
Year	1806

ANNO QUADRAGESIMO SEXTO

GEORGII III. REGIS.

Cap.

114-

An Acft for the more eafy and fpeedy Recovery of

Small Debts within the Townfhips of

Stockport

znd

Brinningtoft) and within the Hamlets of Edgeley

and Brink/way , all in the County Palatine otChefter.

[12th July 1806.}

HEREAS within the feveral Townfiiips of

Stockport

and

Brinning*

/0#,

and in the feveral Hamlets of

Edgeley

and Brink/way, in

the Parrfh of

Cheadle^

all in the County Palatine of

Cbefter%

there are feveraJ very confiderable Manufactories which employ great

Numbers of People, who contract many Small Debts, which in the Whole

yearly amount.to a large. Sum. of Money; and although many of fuch

Debtors are well able to pay their refpective Debts, they often refufe to

pay the fame, by reafbn of which rheir refpeftive Creditors are either

obliged to forego their refpeftive Debts, or for the Recovery thereof to

incur an Expence fometimes far exceeding, and in all Cafes greatly in Difc

proportion to the Sums in Difpute: And whereas it would greatly tend

to the Improvement and Encouragement of Trade, and to the neceffary

Support and Protection of ufeful Credit within the faid feveral Townfoips

Stockport

and

Brinnington,

and in the feveral Hamlets of

Edgeley

and

Brink/way, in the faid County Palatine oiChejier, if a more eafy and fpeedy

Method of recovering Small Debts within tht fame were provided : May

ic therefore pleafe Your Majefty that it may be enacted

•»

and be ic

cnaded by the King's moft Excellent Majefty, by and with the Advice and

Content of

the

Lords Spiritual and Temporal, and Commons, in this prefent

[Loc.ii Per^l 25 $ Parliament

22 7§

Commjfllon.

Meetings.

46° GEORGII III. Cap. 114.

Parliament affembled, and by the Authority of the fame, That the Lord of

the Manor and Barony of

Stockport

aforefaid for the Time being, the

Reftor of the Parilh and Parifh Church of Stockport aforefaid for the

Time being, the Curate of the Chapel of Saint Peter at

Stockport

aforefaid

for the Time being, the MUyor of ths Tow* of Stocifert for the Time being,

John Arden,

Francis

&%P$eld J# John

Philips*

William Bdvenp^tiJ^deSM^rifm^ kjahift mrrifinyHenry Harrifon,John

Clerk,SB/*4«4&- Htfj# €1erk, Peter

AJbtoH,-George

Martin, William Mar-

riott ^M,WilliQ0Gopf9ck^

Thomas

Steelei

"fjffe Howards

James RamJcarr,

Thomas Pdrtingtm, James Taylor * Edward Reddi/h,

George

Ferns,

James

Boote,

Thomas

Carlwright,

Bradford

Norbury, John

Broadhurfi,

Peter

Board-

man,

William

Woodruffe,

Charles

AJlley,

Jonathan

Robinfon,

Samuel

Dodge >

Matthew Rawlinfon, Arthur

Bojlock,

Joffph

OMQck9

E^mmdTurner,

Henry

Barrow, Jarkis Mo^Uy M#, Jofip- Ml&h, ThWds'met, Jonathan

Worfencroft, Peter Barrow Jofepb

Fogg,,

James

Heald,

William Howard,

Samuel Jowett, Jofepb AJhtonx

Charles

Bowers Grocer,

j[php

$afk#.

JoJqft

Ma^fiWti,

'*%M&d?ffiompfm>

Sdfeuel Walkei, frmcis ffitifon^ Tktmas

%cfty

fffilliafk Frij^pjk, -j*

tunes KmSer^Samuel

Hcmlehurfinjekn

Graham,

Svlvntdn

Thorniley, Richard

Thorniley,

Charles

Potter, John

Hope,

John Collier

John

Hampfon, Robert Gee, Richard Owen, Jojiah

Haughton,

Thomas

Marjland,

Olive

Sims,

John

Robinfon,

John

Robinfon

Cornfactpr,

William.Barlow

Ww?

tkmgton;. J&fiphLm$S'

©**^fc^2l^'^^'W5/^JII

]$0»//9 Benjamin Hdrrop,

Thomas

Slaiier,John

Barlow*

Jofepb

Howard*

Thomas

Worfey>

Jonathan

Joule,

James Atkinfon,

Henry

Wild,

John

WoodK

Thomas

Chetham,

William Stopfordy

Peter

Goddard,

Peter BroWHyJohnJaftyM^

Mayer\ Tkopify. fi^ Qtii^ant^

Jvbn Midjkfpn, Jamfs

"Ollivatit,

Th^mas>Chelbap

^Maryey,

Georgg

Bfynett*

^^^itMi%aM\rtfh

J&&M-Qgdefc,

WilMmK ^utbdludCbetha^iVmta^

Al^^^^J^oiff,) aiid%h4idpy firmer*

th*|Mx

tti

Bn4;

Itf t^ ted

^6p^biffi6ner3,for the KeCovery of Small Debts within the faid feveral

'o^R&i|)S

S>U)dkport"

ind Brinningtony and in the feveral Hamlets of

*dgeley

and

Brinkfw$y%

in xh,e (aid, Go$v$yJt£W\ the

ftiU;^m^rffiot^rs &fidvth% :Su&dfq>ts are hereby ^on^u^ed a Caict$bf

JtilHw^.^

tei;f^

C^^Reqt^fis fir 0$$mdtow^iffi

StWkpwtWudWHnmhgiM,%

^d:ib'e$verM

Hamlets

EdgeUyMid

Brmkfway^

in ihz

Gouiify*

Palatine

dfQwjter.

•K. Anid%!? afaxtlier enabled, ^at..the 65d 1Cora^iffibnerf;(j^,ftiiri

fe&ftfr^^eh^ anB hold therfaidrPQjiwj

?>tl

^^ef^;-i^^^^y W ^^T^^fef t^*^ ^ei>er' if.tfere fhall bq^O^fipft]

in(Ir^i^oiiHr^iBht^la^ of BitekpyrU W**"?R8WD^fi

m& the f^ ^Me^ing ^^HafeioWflio^ bfi ,h$W Wjtfei

Number-prefent not OT&^lcfs tbanThrCie,«t their jsiectiogs t» bft^L

in purfuance of this Aa» are hereby authorised and ^n^Qwered^^*

and to determine all fuch Anions and Caufes as are herein-after medlioee^

and to give fuch Judgements,, and; to make fuch Orders and D^W

therein* and to award Execution thereupon with the Cofts ag^ft:ih]

Bod1

4.6°GEORGII III. Cap.ii^. 2279

Body or Bodies, or again ft the Goods of all and every the Perfon or Per-

sons againft whom they fhall give any fuch Judgement or make any

Order or Decree, as to them fhall feem juft in Law or Equity ; and in

cafe of an Equality of Vot^s in any ASion* Caufe, or Queftion before the

faid Commiffioners, then and in every fuch Cafe, the Commiffioner prefent

who (lands firft in the Lift of Names of the faid Commiffioners (wRich

Lift the faid Commiffioners fliall and they are hereby required to hang, or

caufe to be hung up,"in the Court or Place where the Commiffioners

meet) fhall have the decifive or cutting Vote.

III.

And for better regulating the Sittings of the faid Court, be it

Time of

further ena£ted, That the faid Commiffioners (hall not hold the faid Court, ^jef

or hear or determine any Cafe or Cafes, Caufe or Caufes, to be heard or

determined by the faid Commiffioners by virtue of this Aft, but between

the Hours of Ten of the Clock in the Forenoon and Three of the Clock

in the Afternoon v and nothing in this A

fit

contained fhall extend, or be

conftrued to extend, fo as to require or compel the Attendance of any

Plaintiff or Piaintiffs, Defendant or Defendants, Witnefs or Witnefiks, in

the'faid Courr, in purfuance o£ any Aftion or Summons iffued, oi\t of the

faid Courtjor by any Perfon or Perfons whomfoevcr adting 4s an Officer

or Officers of the Did Court, lave 'and except between the faid Hours

of Ten of the Clock in the Forenoon and Three of the Clock in the

Afternoon.

IV. Provided always,, and be it ena&ed, That on the Decifion of each

T^lc*Cot?"

&ndev£ry A&ibn, Caufe; or Queftion for the Recovery "of any Sum not

smns

not ex-

exceeding Forty Shillings, Three at lead of the faid Commiffioners fliall cecding Forty

be prefent in Court; and on the Decifion of each and every A£tion, Caufe, p^cpm-

t5r Queftion for the Recovery of any'Siim exceeding Fortv Shillings, Five miffioners »or

at leaft of the faid CommiffioneVs fhall be prefent in Court. J^s abaVS

V. And be it further ena&ed, That when/any of the faid Commiffioner^ How new

ftall

die,

or refufe to act, or fhall ceafe to be qualified in Manner herein

Coi^jlHl?"'"

directed, tpMCt^

a?,

CqmmifTiager

in,

the Execution of this Act, then and ip chofen.

every tucn, Cafe* ttJtggU d may bejawful^tp arjd forthe ijuryivjng anji

renfiaining^Cai^aftoner^a6ijng Jn Execatio^pf

j^his

A&^^r the major

Part of then) 3s fftiaLl be precept at! a Meeti5g;ko bf golden

jf^jhaf,

Pujr;-

pofe,

within the Space of Tweiuy^QBe Days next ^t|er. fuc^jpeceafe or

Refptal to a& /hall happen ^b^n^pn, $r ^fq^ryMter as,conveniently

may be, to ele& and appoint one other Com mi (fierier, in the room or (lead

pf^ery fuch Commililoner fo dying, or refufing to aft, or.ceafmg to be

^ua^Hed

and Notice in Writing, qf the Time and Place of Meeting

fdr'evjbry fuch Election, and for t|ie Purpafe

thereof,

(hall be given by

the.

Clerk to'each of the., fai'd Commiffioners, or left at their laft or ufual

Places of A&ode, aad. fu,ch Notice fhall alfo be affixed on the Door of the

faid Court Houfe ^Fourteen Days at leaft before fuch Meeting fhall be

holden j and^<f v^ry;,jucji Commiffioner ftr ^lefted*- fhall have the like

Powers and^pj^orities for/.^r^ng/his A^^rvtq; Execution, and fhall

be fubjeft and liable to the fat^Rules, Regulations, and Reftiidlions, as

fully and effectually, to all Intents and Purposes whatsoever, as if he had

beeii particularly named herein.as,a Commiffibnec,

VI.

And

228Q

Co m

ini on-

ers to take an

Oath.

Form «f

Oath.

Qualification

Comxrilf-

jfioners,

Ads of the

Cent million.

ers good

before

Convi&ion.

^GjeORGII HI. Coping

VI.

And be ic further enacted, That no Perfon mail be capable o£

acting?as a Ccxmmifiioner in the Execution of this A£t(fave

and

except in

administering the Oath herein contained to the other Gommiffioners)

until he (hall have taken an Oath to the EffecT: following- that is

to fay, s*

' f 4- B-

f*™ 0» feing one at the People called Quakers, do

.A>l«nn)y affirm,accorditigio

ihe

Fomin that

Cafe made

and

provided^

•« That I wut faithfully, honeftly, and impartially, according to the belt

* of my Skill and Judgement, hear and determine fuch Matters and

« Things as (hall be brought before me, by virtue of

Aft made in the

* Forty-fixth

Year1

of the Reign of King

George

the Third.intituled, ffet

* forth tU Tttk of thh -Aff] without favour or Affection, Prejudice or

« Malice, to any Berlon or Perfons whomfoever; and alfo that I am a

r-Houfeh^t^thto^feeJuiifclictbn of the fa'id Omt^Md that I am

« poffeffed bf a Reallftate of the Value of Forty

Pounds;

fcrcf

Perfonal

« Hlfate of the Vahse of One thoufand Pounds, aboVe! all Charges or

* Incumbrances whatsoever. * So help me GOD.

Which Oath or Afficmatbii. the fai^ommiffioners, or any One or more

of therOris andare hereby-empowered ^nd required to adminifter in open

•Cpuffi»wd-each and ew^rt^^miffipncr mail and he is hereby;

required (after taking the \M Oath or Affirmation) to fign and fubfcrlbe

his Name upon

Roll or Rolls of Parchment to be provided for that

Purpofe,r with ,the laidI jOath or, Affirmation written or printed thereon;

and fuch; Roll or Rolls fhall becarefally kept

a'mongu;

the Records of the

faid Court.

VH. AndbeTt funM enacted; Tfcst ftp,perfon fall be qualified to act

as a Comminlonerul^%ecutioh.#^|ict,>nIefene fhall at the Tim?

of acting be a Householder within the JwruMicuohlof'thelaid CourrVirid

feifed.of a Real Eftate of the annual Value df Forty,Pcamds, or Dofleffed

pfa Perianal Eftatej^h^aluCM: W^* Wounds, a&V?W

(barges anaincu^

qualified^ aforefa!d,^iall preltime to•«£*#£ @6m#Iioner in theExecS

tion efthis Acr^ve^ l«^rlbnittiibreteit «;Ofierice (over and

above any Pijoimm^ tolfor wM

and corrupt i^rjurp^rflifelwf$ay**he

S*nr

of Fifwi'|«iaids, toeether

feme, to t^reeoven^^ Courts of Record '*vW&.

temWmmS* by Bmf!Piaint8!or Iof#

mrifter,

by Actidn o§p^"of oti

the"

;:$B£ %r fr

nia^w^em^TO ofXaw, or more thl

bne^tmpartoee Ihf^Ialtewed^^I^ every Tfach Aaioi#^

-• * ... ..,,.» , «di£j&^i every 'fijeh'

Plamr,*nd IfSi^ete^tftte Brob/#foch«alification (hall beW tL

Befe^M S^*§ ^f^PIW#PlaintirT0riPn>fcc£u

Order^DS^eei, tAjfcirtQJrP^cfeKnpW all

and

%ery Perfonlind Pci

fons

acilng.-

Wi-GimBw&L

of-

q^il^^onersirtifeExecutibn of thfo

Act,

(hough-

not duWHnniaf |AM«t previous Wl^H their bein^

convicted of fuch oM^JJali few«ftding fuc^Klaton; ^ I

valid and effectual as

ff'nicH^

Perfon of F»is had"rj«imdjt^t

"" "

accocding to the Directions of this Act. VIII. And

46*

GEORGII IIL Cap. 114, 2*81

VIII. And be it further enacted, That it (hall and may be lawful to and A/^"^nt

for the Right Honourable

Thomas

James Warren-Bulkeley VifcoOnt

Bulkeley>

and Elizabeth Harriett Warren-Bulkeley Vifeountefs

Bulkeley

his Wife* the

Lord and Lady of the Manor and Barony of Stockport aforefaid, or the

Lord and Lady or Lord or Lady of the faid Manor and Barony of

Stockport

afo*

efa:d for the Time being, and

he*

(he, a/id they is and are hereby autho-

rized and, required, within Fourteen Days from and after the paffing of

this Act, ta nominate andjippobt* under their, his, or her Hand, fit and

proper P^rfons for Clerk, Serjeant, and other neceflary Officers of and in

the flid Court of Requefts durmg his and thdr good Behaviour; and

thit y/hen and as often as it fhaU happen that the Office or Offices of

Ckik, Serjeanty or Crier, or of any other Officer or Officers,:lha]l become

v^cantv either through Mifbehaiviour, Death, or Refignatipn^, Sufpeniion,

Difoulf^n?, Remuvai, or Incapacity, then and in every fuch Cafethe .faid

Thonpas James

W&rren»BiUkeley

Vifcount

Bulkeley^

and Elizabeth Harriett

Wmrm^SlilMey'VikbuMtk

Bulkeley

th\s Wife, the Lord and Lady of the

faid i^anor and Baror>y, t^ St'oikport aforefaid, or the Lord and Lady or

Lordfpr^Lady of the faid Manor, and Barony of'Stockport for the Time being,

are ancl is, and he, (he, and they is and are hereby authorized, empowered)

and required, within Twenty-eight Days after fuch Vacancy (hall happen,

tct;pt>minate and} appoint, under theii[ or his or her Hand or-

Haqdf,

another fit and, proper Perfon to beXlerk, or Serjeant or Crier, or otlier

Officer or Officers of and in the

Cud*

Court of Requefts during his and

their good Behaviour j and until fach Nomination and Appointment (hall

be.

made as aforefaid, it (hall and may be lawfulto apd for the faid Com-

raiffioners of the faid Court, of Requefts* or any Three or more of

4:hem3

aflembled as aforefaid, to appoint fuch Officers refpedively to dp the

Bufinefs of the iaid Court, until fuch Nomination and Appointment (hall

from Time to Time be made as aforefaid ; and all Perfons -fo appointed

by the faid Commiffioners, or any Three of them, (hall be and be deemec

to be (during fuch Time as they (hall refpedlively aft) Officers under thu

A&9

to all Intents and Purpofes whatfoever, and entitled to all the Advan-

tages and Emoluments fpecified in this A£t, and fubject to Removal fron

their refpt&ive Offices in like Manner as the Officers to be from Tirm

to Time appointed'by the Lord and Lady or Lord or Lady of th<

faid Manor and Barony of Stockport aforefaid for the Time being ar<

entitled or liable.

IX. Provided always, That no Pcrfpn or Perfons who (hail keep any* No victual-

Victualling Hdufe, Atehoufe, or any Publick Houfe^f Entertainment, or l«r,*x.tob»

who (hall fell any Wine, Cyder, Beer, Spirituous or other ftrong Liquors any

Commif.

by Retail, Qiall be capable of holding tt^e Office faf.Clerk, or any other.fioner capable

Place of Profit belonging to the faid Court; and that no Pcrfon nominated ?uChf Swing

a Commiffioner (hall be capable of a&ing as a Commiffianer during the* fuch

Time

Time he (hall remain Clerk of the faid Court;

**£??l

Ckrk.

X. And be it further ena£tpd, That it *n?§ll and may be lawful to and Pewer forthe

for the Clerk of the faid Court pfvRequefts for thp Time being, to nomi-

^ta°ap"

mte one tor more fufficient Deputy or Deputies to ad for him in the Deputy,

Qffice}of Clerk pf the faid Court of Requefts, ..which Deputy, in the

Abfence of the faid Clerk, (hall have the fame Authority as if the Clerje

was himlelf pcrfonally prefent, and (hall from Time to Time be difplace-

fWf and rempv^ble, and:;(halliacqc?r^nsly bcdifplaced and be removed at

pLoc.& Per.J $£% thp

Z2$H

i/fufficicnt

Co m mi/Ron-

tr« do not

atrcnd Court

may be

adjourned.

Officers of

Crier and

Serjeant!*

Officers may

fee (Hiplaced*

46*

GEURGII in* *»» 114

th6

Will1

afttt

Preifur*of*e faidJClerfco£trf$fe«i

*K»t

of Reqtfefti for

the'

Ti'«^W»n£

arid fuck Gterk or his Deputy h add are hereby; empow-

ered antf^uifed*^ Surn^ahfe^

Warrants*

and Precept^ and ta

re^r%ll! Orders; rwsit^si and Judge

faentS

of the faid Court;

«md

aliidctr

A*ifb',

MatwS,'

abcT Thh&^^me tfife&ed or required tolbe ddnc

by-itteHFaid €fe>k by virtUe of

tft*s.

ilSEfe*

-ahd fh*tf Srwer and rafter, or

catife to*

fee

>eateYe# and;reglfte*eWri f^pW'Bdok* to be' provided 'by*

fueh Clefk, and

•' kept "for

that Ptorpofe, a«*th« A^» md Proceedings of

thf

fcttdCofcrtv

o? ^r!J«areWKikdsfe»«gif.

•21;

Arid 66 it fttrtfie* eftactecJi «Mt iifftMtooftiW&egJea; or Refufal

of -tfie?aW!e»^H»Wrtf

ftMilmiWgffittft of ^ftiM^mffrifficwfc**

d«»r^ the? iwwi lit

Carrin*ffii&K?ri*bb mb btf t^(tnti-drKd;^W O^mtMertaj i.e'p,^

ferfr, it flfall,i*d:tafey'be1avrWI:»4li*^i tl>4 fiW^*« br^f*|$Uty;

foitte^rHe^Day.

XH^Ari*heH fuFtffer enaSledi THWit tfceClefk arid

G*y*r

df trfe$*i$*

Cd^fflSH^b -a'na ^eWdrrtf-ih fhtfAfifiwaive 'OiBcee, 8s ifbey Ai8HJ«#«

dkaeii^fe'^tfirr^'B^-tW*' (aid '^ttMSdrier*^atai t«e ^forerrfSffO

je^ftt§ of tftfe^ftid

<3©*rt

-jfliMI-

ferve &ft ^Wnbnfesj

and!

Execute

Tddffc

Oraes^^r^ahBvar^R^^jpts, ant «fr and

peJr&rra

aft fcek other A**sj'J

Ma;t"rei%,1raMTrtfrt^aSfihayberehiredtoe dtirie by #hete itfptmMpt

byvirttfe^tfftis'AeU

XIH. An^be

rt|fUrtrtfr:

«naaed,-Tha% if 'tjy ^beh Clerk, Serjeant

this A^^alWwed

tfken,|

otHerWriiev

itt*he

fWetoge

o*tMr

rtfpiM

tfVe'O^svtipbh Confcplamt ariel d^*Prdof tln*eot^fc3e upon Oath fci

opeftl:^ tfte feid€o^iffioners^Reto

theV sife Meby direftfe^ M reqiiirefl; to £fo|qire ln8v tfe*•Nar.tf-e of ttie

ii**

e5ffl^lai«r, ahdWfl&H^ppe^^ fei fedhiGorft-

rniffioners,

the major

Part

of theni) fo fitting in Court as aforefeid, are

hereby dire&ed and required to

fcaufe

the whole Number of CommifTion-

ers ofAe' fe«tou'rt, ¥e»ffing WilhlMe *J\itt#&i©^^$hfe«fcid Cowijta

tfe

ftJmtnohett

to tneet #% «en^fiit Tirfte

m&'PJace,

*tiieh; Mating

ftsfl Wh&deh-not ib6n.fr

(Han

¥*>&•&$}&$fi4n«i©re fbaa l^iirW'Bavy

after

Tuorr Stfrr»rhbns'}

abd

ib*

laid OPAil^d6e*^^fe4Vleetih^^^

iftaj©*' *Pa^.%f tliern

prefetf*,

'fhaH-«tnW^bwy ^^l^idd ^oMiaeP^

MerSs wWfeCbniplbihf; irfd if ft'ftaH apWar to

ib^

£omrnife8 bf

the faid

Court,

the major Partfef ^ert^-rtft^e^»i*l meikytS&pmty

e*c*y;

mchSSrie,It

fttaB-tfnaib^Jr

B^liHvflil to arid i^rm^M Q

fionefsof «*e"'f^d GoWt^^'e iha^or^fert oi Ai^j-^fi^tfftd^ dj*rtHfsj#i«

WrnoVe foifh ^Wk^SeiA*,

6ryef,

5ad ©ther^OiRderi

» Ais?©f

?bei^

^ffiioiW Offices.

» KS'd ftPf'A^'byk fc*t*er erracT^J, rrha^lt;l«Mrflt*e .1i*jWl;for

iW*

by the

com. Cdmmiffioners, and they are hereby

feftabled

to decidfc-and ^ete'rm:le all

imflionm, |4 Djfputes

46e

GEORGII III. Cap, 114 2283

tjlfprut^s and Bfeffear,ei?qe$ b^tweepP^rty and Party, for any Sum not exceed*

ina Five Pounds, in all Actions or Caufes of Debt, whether fuch Debt

fhall arife from any Bond, Bill, or Specialty, for Payment of Money only,

%ny

Propmffpry Note, or Inlaad Bill of Eschange^ or for R^nt upon

l^eales, Articles, Minutes, and in all Caufes of Affumpfir, and Infimul

Computaffet, and in a|l Caufes or Adions of Trover and Converfion, and

in aji (Caufes or Returns foundrd on a Quantum meruit, and in all Caufes

or Adipns of Trefjpafs, or Detinue fur Goods and Chattels taken or

detained.

XV* Provided always, and be It ena&ed, That nothing in this Aft Commiffion-

contained (hall extend, or be conftrqed to extend., fo as to enable the faid determine

Cammi(fi;>ners,tQ determine the Right or Tide to any Lands, Tenements, anyCtufe

Pt Her^d tarnrpts, or Real Eftates whatfoever-, pr to judge, determine, or xstlcto^he

4ecjde on any Debt where the Tide of the Freehold or Leafe for Years of

Land is ^

any Land , Tenements or Hereditaments, or of any Chattels Real what- {w^L1*

ibcycr, fhall br brought or come into queftion; nor to any Debt for any

$um being the balance of an Account on Demand originally exceeding

five Pounds; or to judge, determine, or decide on any Debt that ihali

frife by reafon of the Occupation of L^nds, Tenements, or Hereditaments,

fituate elfewhere than in the faid fereral Townfhips of

Stockport

and Brin?

tdngtoti)

and in the feveral Hamlets of

Edgeiey

and Brink/way, or any of

them, m by reafon of any £aufe concerning Teftament on Matfjmony

pny Thing concerning or properly'belonging to

ri}£

Ecclefiaftic?*! Court, or

far?or concerning any Agreement by way of Cornpofition for qt by way

(at R tain^r of Tythes; any Thing, in this A& contained to the contrary

liotwuhft a tiding,

XV$.

And be it further ena£ted,

That nothing herein contained Jhall Actions hot

, or be con&ryed to extend, To as to enable any Plaintiff to fplit or fof thePPur*

4»vjde jany Caufe or A&ion for the Recovery of any Debt, where the whole

P°.fe

°f

Sum fhall appear to be dae and owing fhall^ exceed the Sum of five thembibre

Pounds, in order that the fame may be made the Ground of Two or more ^e Comu

Caufes or A&ionSj for the Purpofe of bringing fuch Caufes or A£lion$

vfrehto the Juri£di&ion of the faid Court; and in cafe it fhall appear to the

faid Commilfioners, that any Plaintiff fhall have fo fplit or divided his or

hyr>Cauleor A&ion as aforefaid^ then and in .every fuch Cafe the faid

Co,mm^fiioners ;(kall and they £re hereby required to difmifs, ^rith Coft^s,

ey^ry; fuch Cauft or AeliiQii fo fplit or divided; but fuch Diinftiffal ihall not

hifj^r or prevent fuch Plaintiff from proceeding for the Recovery of his

or iherDcbt 4nfany of His Majjefty's Courts of 'Record at

ifrejiminjler*

ifi fuch other Manner as be or {he may lawfully proceed,

XVIL Provided ai^ys, and be it enabled, That in cafe any Plaintiff

A?-tioi?ffoh

H*^o;ft}aU have fp fplit .or divided fuch .his*or her Caufe or Afitiqn, (hall be $temt!fhbail

^viHing to accept fucj>,Surn of Money as the faid Court is in .and by this he Satisfied

Aft enabled $0 arikdge, decree, and pronounce, in full of the Whole of his

MoneyTn

full

pr;herDemand in fuch .Caufe or A&ion fo fplit or divided, then and in

°faU

Avery fuch Gal^ may adjudge, decree, and ^ch ActioL

pnMi^nce^o^jfu^h^laineiff prpyii)^ his or h$r „Caufe or Cafe \o the4

SatLf-

fa#io*n of the^i^ C^n)ifliQner^

iv»c|i

Sum to the Plaintiff not exceeding

ihe:

$ujq of f ive ^Pp^nds^ as (6 (be faid Commiffioners (hall ftemjlift Srtd

reafup^ble^^9^^ Judgement or I?frcfeeAtdrfce

pronounced by the laid Comm*]ffiotfers, be declared to bfc ah^^flratfte*in

For fummon-

ing

Commif*

fioner* to

attend.

46*

GEORGII III.

£^TI4.

full Difcharge of all Demands from the Defendant to

tHe fktfftSFiri

fikfe

Cauie or Caff fo fpljt br divided:

XVIIl.

And,

to the Intent chat

undue Prefcrencemay betttS#dilfeN?e^

in fuhimonirigthefaid Conimiffibrfefs Appointed or id be app^lfc^lR^afv1

fowceoftWA8>Xo attend the

fyld

Couft; tie ft ftrrhertnall^%%^

tM^erjeanic or Seffe^nts ofthefcidCotiW %tHe^ime^^

nated and*appblnt?cf % i&ttte of this iM-ffiSli^2^itt':W?^^-«

and are hereby required to fummoh in each and eviSrr'Wfec^ b^^""

I I*

the

fa Mttt feir tM Week nbcf rsa»# i*a

flXiiironejs to oi fomhftnfta ill fpd'IPiEH^ifrffiffioiiew

toil$^u^

s^a

nef &$miit;m mvm $mmm

ttiaff tis$m through ^iht'

But this not

to cxtude

any other

Cornmiflion-

er« from

Mling.

th^^gC^oiroi... . _. % _ ,

although fcelv CM orfta^ !«

Rotation to be fiimmoned, but that each *nd every iueh Cbmmiffiotter,0!!

he>fhaJlthjjpkfit fo to^p,(hall andjpayfiitand hear^and ajfift indetecmi*

™^-™-«7®gKgH^and* maiiftg'QrderJj add decrees in detail!

w,-^ ^_ ^ _ Jl'l^te$f like Power^ and mithorps ^

rp $mfyqe as^|ej^> any Thr^hettl^

trvyjthfr^irf"

anywiE ncJitwithflaoffihg,

debtors to

be fummjnecl

befoiethe

Commiffion-

«rs» who may

make fuch

Orders

between the

Parties a?

tbejr tlilttk

it.

XX*

JVnd be it further enafted? 'That/rom arid tftejr the Ffrft

of^fe'^^

it fiiall 4nd it^y be la^fttt-fo and ft*'a*

%-5*?j%S?5i (wh|^|%f luch Perjipti cr Per^

J^^^l^jim o* not) it Wing any jjpt^^ Debts oWtbe

I^ni^ l^foeyer, not^^s^i^thfe Valtftf^f

or ti^irmn Rights or ift tKe Rig^^aw other piibn io^l^rtdnsi W^s

^cectttorsor A4n)imferat^rr?Guardian>74ffig^V^' l^^c"trf' artfiPe^

fpoor Perfons, or due of dwing trjtei "Is^^ofle^or bf any R£^*$i

axe^

9jr^.(C|erk or other Officer to any Commiiporiers, or to am €M*

or^Iprfejp^Soiipty ^ul| ^flbdi^ted arid dbSftrciitfeB fey the Statute^li^b^

G^| ^^^^.prQvrdedft: or in any other Manner ^f|atfoever, ^ifte^^lj

wh^tfoever fifh^inng, refi^

an4 f^apile^ or Ib^figW ufibg ab^ Hoii^TO^

*ny.j^

trying

o^r

dealing within thcTanpe» to

Ca*t»cJar itlieljQie bein^ or hh TSejp^w}^^

46° GEORGII IH. Cap. 114 2285

and deliver, to one ofthe Serjeants of the faid Court for the Time being,

a Summons in Writing under the Hand of the faid Clerk, dire&ed to fuch

Debtor or Debtors, exprefling the Sum demanded of him, her, or them,

and dating the Particulars of fuch Demand or Caufe of Aftion, together

v(\i\x

the Name of the Party demanding the fame, and requiring him, her*

or them to appear at a certain Time and Place to be mentioned in fuch

Summons, before the Commiflloners of the faid Court, to anfwer fuch

Demands; and fuch Serjeants (hall forthwith ferve, or caufe fuch Sum-

mons to be ferved, on fuch Debtor or Debtors, either peifonally or by

leaving the fame with his, her, or their Servant or other Perfon belonging

to him, her, or them, or at the Dwelling Hourfe, Warehoufe,

Wharf,

Quay, Lodging, Place of Abode, Shop, Shed, Stall, Stand, or other Place

of dealing, trading, or working of fuch Debtor or Debtor?, being within

the Jurifdi&ion of the faid Court; and upon due Proof made of fuch Sum-

mons having been duly ferved in Manner aforefaid, the faid Commiflloners

prefent in Court, fuch Number prefent not being lefs than by this A£fc

dire&ed, are hereby required and empowered to make due Enquiry con-

cerning fuch Demands or Plaints, and make fuch Orders and Decrees

therein, and pafs fuch final Sentence and Judgement thereupon, and award

fuch Cofts of Suit, as to them fhall feern moll agreeable to Equity and

good Conscience.

XXL And, for the better Difcovery of the Truth, and more folemn Commiffi#n-

Determination of the Matters and CaWes which fhall be depending in the a^ndnfftcr

faid Court, be it further enafled, That it (hall and may be lawful to and Oaths.

for the faid Commiffioners prefent in the faid Court to adminifter an Oath

or Oaths, or Affirmation or Affirmations, to any Officer of the faid Court,

or to any Party or Parties whom they the faid Commiffioners fhall think

proper to examine touching the Matters then in queftion, and alfoto fuch

Witnefs or Witneffes as fhall be produced by each Party, and alfo to any

other Perfon or Perfons whofe Evidence (hall feem neceflary towards the

hearing or determining any of the faid Caufes or Adtions, or making an

Order or Decree therein, or for any other Purpofe requifite for the better

Execution of this Aft.

XXIL And be it further enabled, That no Evidence fliall be permitted

No Evidence

to be given by the Plaintiff on the Trial of any fuch Caufe or Aftion as Fiaintiffof Y

aforefaid, or of any Caufe of A&ion except fuch as is ftated in the faid *»r Matter

Summons hereby dire&ed to be given, nor fhall any Evidence be admitted Su^summons,

on Behalf of the Defendant or Defendants on the Trial of fuch Caufe or nor

t>e-

A&ion, of any Demand hef fhe, or thev m3y have on the Plaintiff or ^croff

Plaintiffs in the Nature of

Set-off,

to kffen or difcharge

himfelf,

herfelf,

Demand he

pr themfelves from fuch Demand or Caufe of Aftion, unlefs Notice thereof

^piatntiff1

in Writing has been given to the faid Plaintiff or Plaintiffs by perfonal uniefs Notice

Service, or by leaving it at his, her, or their Dwelling Houfe, Warehoufe,

^fcf^nb

„

Wharf,

Quay, Lodging, Place of Abode^ Shop, Shed, Stall, Stand, or other him!° >

Place of dealing, trading, or working, previous to the D.;y when fuch

Matter or Caufe fhall be heard or tried.

XXIH. And be it further enafted, That if any Debtor or Debtors who

Debtor

fliall have been duly fummoned as aforefaid, fhall not appear either in appeu^com-

Perfon* or by his, her, or their Agent, or fome other Perfon on his, her, n.iflionWs

or their

Behalf,

before the faid Court, at the Time arid Place mentioned m£y proceed.

JZdfc & Per. J asU in

&2&6

4&*

GIOR

G W

HI.

Gap.

14.

irr the fkid Summops, then and in evef^^ftfcfc 0ife, it fhaH and mqf\w

la'wfol td and fbr'the flrft^

Proof madeupofc Oathef the Sfcfvfc&.bf^^

afore&id, ttf hear the C^oH ^

and to make fuch Order, Decret?,,of Jiidfe€twfrt therein, ami to%Wm^(mh

reafonable Cofte of Suit, as

to*

them*

ftiial

lfecm'

mol*

agreeatrfi^ ^ teitfti*

ahd good Cottfcienere,

And if the

Plaintiff does

not appear

to prove his

I>emard,

Defendant

fhall have

pommtfllop-

ers may award

ag£'pft tile

Body or

Condnuariort or AdjoufO^i^Jit of. the? Cbutft, 6n of;;fh&'0rufe.'O

Account of whith SuU;^A^dn$;ffialt ^aw b^eit i^eclj ^WtiLp

*>*

PMntififc ihall not a^fte^

el'tBer iW

P^rtbn, or by fti^%^*W %fc Aigear,

or fbnie other PerM Bh hli heri^f^M^BfbSll^f#|^^| (haftem

make Ptoofof

his;

fce£ or their fiftjtp^

Court, %ut fhall btccM'inoftfliitfecf; W |iic^oriptitt^

agate& fiipy her or

tfietff,

Ify tti^^^wt; i$enit® 1ft^viery iucft ;

it ihratt ami may frefjawM to atKJ fiar the #rd* GomtpTf^e^s; prefeint i#

Court, to iwatd to the f!^^

fbtH reafonable Sitisfaftl&n^ftir^ls;

Her;

of their Ttotirbfeand Attendance*

as they the faid Comrmflloners in their Difcretion ihall chink fft, md m

ordet and compel the PJaintiff or Plaintiffs to pay the fame, by fuch

Ways arid Means as^elWrin ^oindfe^^tRe Recovery of Debts ordered

ordejreed by the faid Cotift*

XXV. And be it further ena&ed, That in any Caufe, A&ion, or Cafe,

fldiere the fcrid Commifiioners fhsli have made an Order cr Decree fo#

rite Payment of Money, it ihall and may bt 4awftrf to and for the iai#

Commiffioners prdfent in Gourr? to awaW Ejiec»tibn either againft tiitf

Body or Goods of the Party againft whom ftich Order or Decree fhall

be made, and thereuporiit fhalfand maj? be latofiil to and for theprop#

Officer of the faid Court, at the Prayer of the Party profecujihg fileS

Order or decree for the Payment df IMfeney, td iflSie; k Precept ur$er

ll*

Hand and Seal, by way of Capias ad Satisfaciendum, or Fieri facias, to one

of the Serjeants of the .faid Courts wl\o by virtqe of fuel} Precept iff^exl

upon Execution awarded agaiftflr the Body of

jfSch

J? arty; (h^H and may

and he is hereby empowered to take fut6r Party, t^iftg within

th^Jtirif^

diSEion of

the

faid Court, and carry him^ ner, or them* Id; any Comfefo^

(jaolor Prifon within the faid County of

€hejlerr

there to fenjaiijuntUhe^

fhe,,

or they (ball perform artcTobeyrfoeh Order, Becrep? or Judgemprtr,

for' khe

S^ace

of Time herein in tftaif ^ahaff pattifctifarly directed i and* ib

<:afe>py futh Precept fhall

ijn»

i0bed%on:S^ctin6it againft the Goodis|aim

Cha|tfels of fuch Parry* fuch Ser|e4pV (hall and may and he

l^eBJf

In cafe

Parties fhall

abfeond or

fecrete their

ktiir$M ^arty againfe Mfe Sodg

Bot ft^b" ^xe^t^ 4Bll4

be awarded, and Procefs thereupon lhalf

ilftie^

flial^^ by abfcotrfif%^6^i^

fecreting,^t-xem0vir||j^is? her;, or tbpii CJoods

or,

Gh^tcjels*

9^y ^M$%*

M^i^3;W^ent or ^fle tft^Service or ^fifeCf of any^fifch mec«tj^,i|

fhafl Sn| i^ay be i^raf to ^d.^ the fe|d; C^riimiffi

fai4 Gdfart, aeon daifttKlf made thei^fi^rc! Aitoi'by'ihe f^1©*

Oath*

46*GEORGII III. Cty« 114. **8?

Oaths of oaje or more credible Witnefs or. Wicneflfcs, at thelt Difcretion,

^> award further Execution either againft the Body-or Goods and Chattels

of fuch Party, and Procefs (hall iffus thereupon, and 'be ferved- by one

of the Serjeants of the faid Court in Manner aforefaid, until the Plaintiff

orPfain^iffs (ball b& fully pafd and fatisfied

and it mall and may be

lawful to and tor the faid Commifiioners from Time to Time, in cafe ihey

fliall think fit, for theEafe and Convenience of the Defendant or Defend^

ants (and they ate hereby authorized and empowered) to order, decree,

or adjudge any j&ebfi d\ae to the Plaintiff or PlakitifB to be paid by feveraf

Payments or /Iftftahnentfr, and'under fuch Terms and Conditions as may-

appear reafonabte and juft to them the foid Commifiioners^ for the Eafe

©f the Defendant or*Defendants, and the Security of the Plaintiff or Plain*

ti$&;-and'it (haliandmaf be lawful to and for the (aid Cpmmiffiontrs

pfefcne in Court, in cafe any Default or Failure of any fuch Payments or*

Irifltakijents fo ordered-, dfecreedv adjudged, and dire£tedj fliall aftervtfardsr

be made, and they are hereby aUihorized and empowered,at tbelnftance

of the Plaintiffor Pontiffs, and-upon due Proof of the4aid Default or

Failure-, to

award*

Execution again It the faid'Defend ant or Defendants, of

againft' any other Perfon or Perfons^ who may have given Security to

the faid Plaintiff or PMntiffs, underthe Dire&iofcsof the faid Commiffioni

ers,

for the Payment of fuch Payments or Inftalments in Manner aforefaid>

for the whole Debt, or fuch Part thereof as (hall then remain-'unpaid,

•together with fuch further Cofts as to them (hall feem juft and reasonable

and fuch Debt, or fuch Part

thereof,

and fuch further Cofts, fhali be

recovered by the fame Ways and. Means as are herein provided for the

Recovery of the Debt and Cofts firft decreed.

XXVI. And as it mav happen that Perfons ferved with Procefs iflfuin£ i9G-3«c-?f

out of the faia (Wof 'R^b,.aiay,. in onto to avoid Execution, re^ Ltordcf

move theic Perfons and Efft&s beyond the Limits of

the•

Jwifdiftion of fuch Judge-

the faid Court j be,it therefore ena<5ted, That in all Cafes where a final ^^y^Tinta

Superior

irt, and

-•-...-,- , * > -4 ---

Writs

ftfrdfcr any of His M'ajefty*s Courts of Record at Wejiminjie^ upon Affidavit Execution

Decree or Judgement for'any Sum or Sums exceeding Ten Shillings, t^e supen.

ft^i have been obtained in the-faid Court, it Aid! and may be lawful to

writs'of"

afrd for any of His M'ajefty*s Courts of Record at

WeJiminJleKj

upon Affidavit Executior

Aifete and filed' crffuc^Diecree or Judgement being obtained, and of

dili-

c^fffof

g^it Search and Enquiry having Bfeen made after the Perfon or Perfdns of Couwty.

;i&e Defendant or Defendants, or Mb, her, or their Goods and Chattels,

and fefthe Precept of Execuriofe Waving iffued againft

the-

Perfdn or Perfons

Gr>

Effe&Sj as thfc Gafe may W, olthe Defendant cr-Defei»dantS>indthic

the Peiifon or Perfons, Cioods arfd Chanels-of fuch Defendant or Defend-

ant?,

is or arc not to be found; within the Ju'ifdi&ion of the faid Court:,

which Affidavit may be made before a Judge or a Commiffioner authorized

to take Affidavit*^ and i**{hatl and way be lawful to and for fuch Superior

Court* to caufe the Record of the faid Decree cr Judgement to be removed

intoJuch.Superior Courts and^ to iffue Writs of Execution thereupon, to

the Sheriff of any Ceunty, G!ity, Liberty-, or Place, againft the Perfon or

Perfons, or Effe&ssoPthe Bfcftnd&ntor Drfendants5 -in the feme Manner

as*

upon Judgement' obtained^ih tbe Grid-Goum at

Wejlnrinjier

j and the

Sheriff upon every fu-ch Ei§€Btibh(MMIhand he is he/eby author 2ed to

detain the Defendant or Drfe»danw;until;- the Sum (f Ten Shillings be

pa#d 10 him, or teP levy the^fame 6iit of tfte Effedls, according to the

•

ttbrfiw*

af rKnu.Rtr^^iony for':Wte?eiftrat»dinary-'C6ft"s-' of the Plaintiff or

8 * PlaintifFs

the

any

Clerk to in-

dorfe Debts

and Cofts on

the Precef t.

and if paid lo

Clerk of

Court before

Sale,

Execu-

tion to be

fuperfeded.

Procefl not

to iflu<

again it the

Pc.rlon antt

Coods aud

Chattels oi

the ft me

Per

fans,

*6thG. 3.

/;. 38. f.7.

Commiflldn-

•rsto fuf^end

Proceedings

in Cafes

where JDebt-

crs are ill Or

iinaHle tp pay

the Debt.

to receive

Perfons eom-

feutted.

^GEORGII IIL

fiqf.

114*

Pkintijp in the faid Court, fubfeqiiejw: wthe faid Decree or Judgejriemi

and/l^it)9e^|KCttt^>jii/the Superior Courts over and above the Money

for which fuch Execution (ball be iffued*

Xj&VII. 4nd be It further ena®$d*T$#t oppn ea$i ad4&v#3r$^Cep$

tp be-^ed 13ppn Execution awarded againft: th^Bady^r* Go0jJ$ a*$

Chattels

any Perfofi of P^rfons whomever, tb^CJjWic^f tb$ jaid£#$ffc

(ball indorfif pr caufe

h$ indoffed ihe;;%Wr*or S«fti$| ofMoney^nd^

$ofts lb prdfred^df^^Vand adjudged; 21$ l&tWlN*y or ^3$^

againltwhpn* fyeb ^^ciitipn fttall be awarded refp^i^Jjg, (ball, before

any *a4^M>aie of ^:Gqo$ and Chapels, or fbefbire

fce^

Sie* ior tNyis

or ^qa^^^n^^:^^^^ ^e Expiration of tfmfEertii of

his,

-.fcft or

$h^y??ki^ meadow pay or cai|^jo;Mp^d^ Qr$*ft~

d^lf'm^¥^svJ«r| ## laid Coj*r4 fuch ^uf»

^ar

^^oof

^£$P :^V$$&>

Vt*.s%e.

^if^ ^rein $j$|M4 #*be pm ^

in t$t£ri^^ irtftrflfo^^h Sum or,

B^mofMm^ft and.Ca a^an,$v£ry fuch C|fe the ILxeeutioH

(hal|-fcf ftiperteded^ aad {be Body,"o^Svdo^s and Cbattefe of the laid

t*m§;&r

pities,

(hall be diicbafged^nci^t

"Liberty*

XXVJIL And h£ it fuctj^er ena£ted» That it fball not be lawful to&t

jfor ifce §x£ Co^m&gmrs^$q jguc anjjJ>rqC£f$ againlt

the.

Body or Bodi^

of any Person or Perfan% in any Cafe $r £$ff s where the Party entitled

to the Benefit of

any

Qrper, Jodgem^t^

Decree,

(hall ar the fame Time

haire obtained any Warrant or Procefs ag$|j$ the Goods md Chattels ®£

the fame Perfpn or perfons,

XXIX. And be k further ena<3edv ^ iri l at any Time

dwrjpg the;JHearing of any Caufe ih^pid Cpur^ appear by

the*

Oath

of any P|r$[M or Perfons, to the Sati^a&l^^pf jthejft^^rc of

th§;^i*

mfffionefs firefent at the Court at t^sltfiuch Caufi? Ihaii ie hear^ j^c

fuch Debtor or pebto«$

or are mMk frow ^feiet or unavoidipl

Acadeiit^ to^pay an^dSchargd the;^f^I^-J>|^|^ ^i^r wMqh he* fti^^r

th^

ttt»all,.

have befii f^Ji^ p^ be lawM^p

an^ for theinajor Part of :the (aid Can&roifiioncrs aflembled

a^c

any fach

Court;or Courts a» afoi^laid, to fiijp^^r fijp#|^le jthe^oceedif^

in fuch Caufe, until it (hall, upon Ul^^r^P^ as a^r^Tai^ appear to Hthp

Court! that (iieh Debtor or, Dely^^^^be abfe m pay fueh debtor

Def>t^and then to proceed again in;|i|i^e|j^re^idi any Thing herein,

contained to the contrary notmARs^mgi

XXX. Andbe it further enaaed^x|lia| ^ peeper pr Keepers

for?

ih&

Tiawr jbeing

oi;

the refpe£tiv:e Coi^t^^^^fs or Frjfotiss within the^M

Ccmm $^^ a^ mayhind ^pare-hereby re?j«tf€d

to *ec*hre md;take into their ptt%^ r§|^i^y^l ai»d every ^«|bn

apdi^rifo^wl^o %#be comniitSf<J ^ f>iiin^i^^%

tKe (aid Qommi^^rs# prany Th^c^^

and in cafe the K^fr

orr

Keeper^^^id Gidf?or ^ilWi$ (b^m^

led or refufc to i^t^i^a^ Cuftosly ?ny Perfe%i^r

Eer^nsjxurimitted |f ^irt^p of d$| A^or fliall^ before the E^gmmn

46'GEORGII III. Cap. 114. 2289

and wilfully fufftr fuch Perfon or Perfans to go at large without a Wai-

rant or Order for that Purpofe in Writing, figned in Court by the faid

Commifiioners, or any Three or more of them, fuch Keeper or Keepers

refpeftively fo offending in either of the faid Cafes, and being thereof con-

vi&ed before ally One or more of His Majcfty's Juftices of the Peace for

the faid County Palatine of

Chejler,

upon the Oath of one or more credible

Witnefs or Witnefles (which Oath fuch Juftice or Juftices

and are hereby

authorized and required to adminifter) or upon his, her, or their own

Confeflion, fhall for every fuch Offence forfeit and pay any Sum not

exceeding Twenty Pounds at the Difcretion of the faid Juftice or Juftices;

end in cafe fuch Sum (hall not be immediately paid by the Perfon or Per-

fons fo offending, into the Hands of the faid Juftice or Juftices before

whom fuch Offender or Offenders fhall be convicted, then and in every

fuch Cafe, fuch Sum fhall be levied by Bifttefs arid Sale of the Goods and

Chattels of the Offender or Offenders, by Warrant under the Hand and

Seal or Hands and Seals of fuch Juftice or Juftices, rendering the Over^

plus (if any) to fuch Offender or Offenders, after dedu&ing the Cbfts and

Charges of fuch Diftrefs and Sale } and fuch Forfeiture, when fo paid?

levied, or recovered, fhall be diftributed amongft the Poor of the faid

Townlhip of Stockport^ in like Manner as the feveral other Fines and

Penalties are by this Aft dire&ed to be diftributed

•,

and in cafe fufficient

Diftrefs fhall not be found, it fhall and may be lawful to and for fuch

Juftices to commit fuch Offender or Offenders to the Common Gaol of

the County Palatine of

Chefter>

for any T*ime not exceeding Six Calendar

Months, unlefs fuch Pefialty and Forfeiture, %nd all Colts and Charged

attending fuch Conviction* be foontr paid and difcharged.

XXXI. And be it further ensued; That no Privilege fhall be allowed tfoPritfifege,

to exempt any Perfon liable to be fummoned by virtue of this Aft froin;^,^

the Jurifdi&ion of the (aid Court ofRequefts, on accdunt of his being a

fworn Attorney or Solicitor, or other Officer of jmy of His Majefty's

Courts of Record at

Wefiminjler^

orof any otherCourt whatfoev^r ; but

that all fuch Attomies, Solicitors, and, other Officers, (hall be fubjeft to

the feveral Proceffes, Orders, Judgements, ^aod Executions of the faid

GourtofJ

Keqiie(U,in the fame Manner as any other Perfon or Perfons is

and are ftfbjtct to the Sort.

XXXII. And be it further ena&ed, That no fuch Attorney, Solicitor,

Attorney,

Scrivener, or any Perfon praftifing the Law, fhall be permir|td to appear ^ctiferof

in the faid Court of Requefts as "an Attorney, Solicitor, or Advocate, for the

Law,

or on Behalf of any Plaintiff or Defendant, or^ any other Perfon, or to be be *dvocat^

-admitted to fpeak before the laic) Court in any Caufe, A&ion* or Matter

in which fuch Attorney, Solicitor, or -Scrivener, is not himfelf a Party or

Witnefs \ and in cafe any Attorney, Solicitor, or Scrivener, fhall appear

in the faid Court of Requefts as an Attorney, Solicitor or Advocate

before the laid Court in any Caufe, A&ion, or Matter in which fuch

Attorney, Solicitor, or Scrivener is not himfelf

a^.

Party or Witnefs, then

and in every fuch Cafe fuch Attorney* Solicitor^ or Scrivener fo offending,

{hall for every fuch Offence forfeit and pay any Sum not exceeding

Fifty Pounds, on being convicted

thereof^

before any one or more of

His Majefty*s Juftices of the Peace for the faid County Palatine of

Cbejier^

upon the Oath ot one or more credible Witnefs or Witneffes (which

Oalh fuch Juftice or Juftkts is and are hereby authorised and required

2$g&

46eGEORGII III.

Cap.,

it*.

to acjminifter) or on his own CqnfjdiiQp ij^nd ir) c*fe fuch Spm ofJMfoney

fliaH qotlre £ak| forthwith by the Perfqp qr Herfons fo offending, into

theHapds of che faicj jqftice or juftic^s before whom fuchJQfficndei* fhail

fee"cdhviSed, then and in every fuchCafe fuch Sqm o^J^pnpy JJjall t>£

levied by Biftrefsand'.Sale of the Goods 3nd Chattel^ "of the Offender*

bf Warrant under tfieHafid add Se^l qr I^ands #pd Seals of fuch Juftice

or Juftice^VendctirtgtM Overplus (if q^y) to fuch 0ffb*der, $fter deduc-

ing fuch Fine or Fo5rl|kure; and tn? Cofts and Ch^fg^ of fueh Diftrcfs

and Sat|3 when fo paid, or levied f(^ wcoYZtcdj %%$ be diftn^ted

amdrigft:thi Poor qt t}ie Tpvvnflii|> 4>f

Sfttckpprtt,\n;

iijke jjVfonoer as tfe$

fevenu otfiet Fines arid iWalties are by this Act directed taba diftribu Jed*

F«*

to be

XXXJK- And /b^ if further eqa&e4 That th^ fevetai F§e$ h&mq^m?

iak«n. limFc^d and expreffeC and no' OUI?J:J Ifodl be taken by tie,:;^ays'Cl^rJb»

Serjeantind Crier, for their &y

rei^e^live Scrrvpesjin $e $j^c!u*

tion $f thisAft,"

for

thel^ecbvery eff ^l^ums not excetdW Fi*fe Founds ;

that ii to fay,

1a tnt

XJILriKKm

inVriftgev#y Catife - >-

Jffuing every Sui^mbh$J * - »

Entering and drawing ug, Judgement, Decree* 1

Paying

M&tiey

ttitaCoiirt ^rtrl entfrmg - T

* fiitM b his Book * * - -J

I^bgStib^naf

- -- - - -^

lB#ing^&Wy Attachments Preempt, Order, or^

Eke^ulfon "y < •* - - - y

¥w fever* Nb^ftiii - * - - -

Pdr evtry Search in the Book

For Swearing any Wicnefs * *

l?o the SERJEANT.

S^fVittg

every Summons, Order, or Subpoena, \

mthikOm' Mile of the Court - -)

If above £)he Mile extra, for each Mile

EJcee^tfor* of any War raft r, Precept, or At-7

10 )Cjf»

inclufivei

•

r a

tathtritJk

a^aiftft

thj^feoods or Body -J °

If beyon^ One^ for every 7

extra Mile' - - - -

If*an Affifkncbe neceflafy for the Serjeant for 1 o

the Affiftant - * - - J °

If "befemd One Mile from the Court, for every 1

Mi&tkitz * . - - - j

5 .

€

To,

inclufire

: o

•

T°^

inclufive*

I O

o 6

I O

o 6

Q &

o 9

I O

o 6

o 4

o o

0 3

i 6

** y»

o 3

i-t o

° 3

1 And

46°GEORGII III. Gap.ti*. 2291

And the faid Comrniffioners {hall and they are hereby required to hang Je^"to°be

up and affix, or caufe to be hung up and affixed, a Table of all fuch Fees, hung

in forne coofpicuous Place of the faid Court or Place of Meeting of ihe the Court.

faid Commiffioners, in order that all Perfons concerned may be enabled to

perufc the feme.

XXXIV. And be it further enabled, That in every Cafe where any Debts

due Fy

Wages, or any other Sum or Sums of [Money whatfoever, not exceeding Perfons und^r

the Sunn of five Pounds, fhall be due and owing to any menial Servant, recovered-

Clerk, Book-keeper* Journeyman, Shopman, Shopwoman,

Aff*ftanr>

Labourer, or any other Perfon whatfoever, under the At>e of Twenty-one

Years,

it fhall and may be lawful to and for fuch Servant, Clerk, Book-

keeper, Journeyman, Shopman, Shopwoman, ASiftant, Labourer, or

other Pcifon, to fue for and recover fuch Debt in the faid Courr, in. the

fame Manner as if he or fhe were of full Age

and the iaiid Cornmifiieners

prelent in the faid Court, are hereby authorized and required to take

Cognizance of and proceed in all Caufes concerning fuclr

Debts,

in the

fame Manner, and fhall have fuch and the fame Powers in regard thereto^

as if the Plaintiff or Plaintiffs, Defendant or Defendants tfere all of full

Agb.

XXXV. And be it further ena&ed, That no Perfon or Peflbns whom*. 39-h

46tfc

foever, who fhall be committed to the faid Gaol or Prifons by Order of ^*

£ 'V

the faid Court, for.any Debt or Debts, fhall be kept or continued in fonmemof

Cuftody, on any Pretence whatfoever (except in Cafes herein-after pre-

j?*!*0*8

vided for) for any longer Space or Spaces of Time from the Time of his,

her, or their Commitment to PHfon, than is or are hereinafter limited in

that

Behalf;

(that is to fay), where the Debt (exclufive of Cofts) dots not

exceed the Sum of Twenty Shillings, then he, fhe, or they fhall not be

kept or continuedin Cuftodv for more then Twenty Days; and where

the Debt (exclufive of Cofts) is above Twenty Shillings, and does not

exceed Forty Shillings, then noHm'ore than Forty Days ; and where the

Debt (exclufive of Cofts) is above Forty Shillings, and does not exceed

Three

Pounds, then not more than Sixry Days; 3nd where the Debt

(exclufive of Cofts) is above Three Pounds, and dues not exceed Four

Pounds, then-not^more than Eighty Days; and where the Debt {exclufive

of Cofts), is above "Four Pounds, then not more than One hundred Days

from the Time of his, her, or their..Commitment;'and the faid Keeper

and Keepers of the faid Gaol or Prifons is and are hereby dirc&ed and

required to dUcharge fuch Perfons accordingly.

XXXVI. And, in order the more effectually to prevent Perfonsfum- ifanyDebtof

mOned for Debts to the faid Couft from the fraudulent Concealment of ^nc«a,»«g

their Money or Goods, be it further enatted, That in cafetipon the Sum- G.ood^t£e

mons of any Perfon for any Debt or Debrs before the faid Courr, Infor-

Time

bis

mation of any fuch Practice fihall be given, fuch Court fhall have Power to *Snb«tninent

hear Evidence as to fuch fraudulent Conceal mem; and in cafe it fhall be enlaced,

proved to their Satisfaction, upon the Oath of one or more Witnefs or a6 ®'3t c"58-

"Witnefles (which Oath the faid Court is hereby empowered to adrriiriifter)

that any fuch Debtor has Money or Goods which he or ihe has fraudu-s

lently and wilfully* cor,ce?led, then a^nd in every fuch Cafe, it fhall and

may,be lawful to atfd for the faid Courc to enlarge the aforefaid Time of

Imprifonmenc

29a

39 & 4.0 G» 3.

c. i4« f **•

Bat the

Tim? of

Jmprifonment

lhall extend

feparately and

fiicccffivdy

for each

Execution1.

46°GEORGIl III.

Cap.

114..

Imprifonment to any Period, in addition thereto, not exceeding Three

Calendar Months.

XXXVIL And be it further ena&ed, That all and every Perfg^and

Perfons who fhall betaken in ExeCuti6n under or by'virtue of imy^rwpfs

iffuing from or cut of the faid Court of Requefis, and who at" the ^fimt

of his, her, or their being taken into Cuftody,pr during,.Ijtis,.Her^-;!cyr^I^eir

Imprifonment, fliall have more than-oneExecutionag&nlthitn,her, ortWt^,

in the faid Court, fhallbe imprifoned the Time bf thi$ A&

Kmit§4?^

Tor

a^i(l iii

refpe£t of fucli Execution; and after the Time io Hstoked in the FirffE^CCJ-

tion is expired, the

mpr tfonment on the Second Executibh fhall conbm|

and after fee Time fo hmked on the Second Execution isi^pir?^dillf8

fonmeftt on the Third Execution lhall commence i and fo #rf tintii %gfkw&

Or they iharll have berji imprifoned the Time by this, AqL timited?;^r'\ij#fl

in relpt^ df

e^cl>

%arke;E^ecution to be iffued againf|li}m^^

in the faid Court, previous to his, her, or their beirtg ta^eti irit^

^uftodj^

*>£

duringlhisaher,or their Imprisonment

any Lkw, Statutev or 0mge5

to"'

tfi£

contrary imwtthffohding.

debtors' n#t

f»

T#o jfufticei

may deter-

mine fuch

Offence.

2XJL1HII* And be it further enaaed,* That each and £very Perfon imprt7

liabie

to pay

fone(j

by .virtue of this Act, {hall, on the Expiration of

his

or her TinteeF

*6G.

p c

$t*

Imprifonment, be difeharged and fet at liberty without paying any Su/n

or Sotfis o£ Money; Fee or Fees* or-other Reward, 5r other

•

Grattftty

whatsoever, to the Keeper or Keepers* Ttuokey or Turnkeys of the faid

Gaol or Prifont, or others, by way of Gaol Fees or Difchkrgt^ees^ or on

any'-other Pretence whatsoever; andif

&riy

Keeper or Keepers; Turnkey

or Turnkeys 4f ^hefatd Gaol or Ptifbns,iw^^ oti^

fhall demand, take*

01^

receive any ffee^r*.jSe$; Sum or $i)&$~bf M^nty

whatsoever, upon tbeDifchargeof

any

focfif^fdn 6r:?^fdn^j^n^ft|£|

to his or their Charge or Guftody asafotefeud*, 0*ftuMl^^^^ihw^^

foch Perfon or Perfons a Prifoner or Prisoners after

%he

TOfie

bt fhtf jy£$

limited for his, Mr, m their Imprifonmeot* finery

fmWK&^fjTmnkftf,

and olh£r Perfon^ fhall for every fach Offence forfeit an<f pay the Stfiii

of Twenty Pounds

and it lhall and taiay be lawful to arnd for any Two

jufttces of

Jthe

Peace for the faid County Palatine bfCiijter to hear afl$

determine every fuch Ofence, and fuch Two Juftiees are hereby autho-

rized an$ required, upon any Information exhibited or Complaint. m&de

before ffegte* of fuch Offence having been committed, in cafe fuch infor-

mation fttnU be exhibited or Complaint made within Three Calerkfer*

Months after the Offence committed* to fumrnoo the Party aecufed, afld

alfo the Witneffeson each Side, and

tcy

examine into the Matter of-Fa&,

and upon due Proof made thereof by the Oath of one or more credible

Witnels or Witneffes, or by the voluntary Cortfeffion of the P«\rty atcufed,

to give Judgement or Sentence for fuch Penalty or Forfeiture afareXakhe

ancfin cafe fuch ..Penalty or Forfeiture (hail oat be forthwith paid, to

ifTue a Warrant under their Hands pnd Seata for levying fitch Penalty

and Forfeiture by Diftrefs and Sale of the Goods and Chattels of the

Offender or Offenders, rendering the Overplus, if any, after deducing

fuch Penalty and ^Forfeiture, and the Coils and Charges of fuch Difftrefe

and Sale, to the Owner or Owners

thereof;

and in cafe fufBcient D.titacft

(Hall not be found, it lhall and may be lawful to and for fuch Juftiees to

commit fuch Offender or. Offenders'to the Common Gaol or Houfeof

Cotredion for the faid County Palatine of Gkt/ier, for any Timu noc

exceeding

4.6° GEORGII III. Cap. 114

exceeding Three Calendar Months, unlefs fuch Penalry and Forfeiture,

and all Cofb and Charges attending fuch Convidion, be fooner paid and

difcharged \ and one Moiety of fuch Penalty and Forfeiture, when paid

or received, fhall be paid to the Perfon or Perfons informing or fuing

for the fame, and the other Moiety thereof to the Clerk to the faid Com-

miffioners, and the fame Ihall be by( the, faid Commiffioners diftributed

amongft the Poor of the faid Townfhip of Stockport^ in fuch Shares

and Proportions as to the faid Commiffioners fhall feem right and

proper.

XXXIX* And be it further enaded, That if any Serjeant or Serjeants, or Serjeant

other Officer or Officers of the faid Court, employed to ferve any Execu- negitaiwghis

tkm, (hall, by wilful Negled, Omiflion, or Connivance, caufe or fuffer theBebtT^

the Party againft whom fuch Execution (hall be awarded, to efcape or

ablcond, or the Goods of fuch Party to be carried away or fecreted, fo

that fuch Execution (hall not have its due Effed, it (hall and may be

lawful to and for the faid Commiffioners, upon Complaint and dufe Proof

thereof made upon the Oath 6t Oaths of one or more credible ~Wit;nefs: or

Wiwffts, to order fuch Serjeant to pay thfcSumbr Sums of Money for

which fuchExecution wasawardedbv the Party complaining, and to enforce

the Payment thereof by the fame Ways and Means as are herein provided

for Recovery of their Debts; and it (hall and may be lawful to and for

the faid Commiffioners, and they are hereby enabled to impofe any Fine

not exceeding Teft Pounds for every Jlich Offence, on fuch Serjeant or

Serjeants, Officer or Officers; and fuch Fine, if not forthwith paid, fhall

and may be levied and recovered by Diftrefs and Sale of the Goods and

Chattels of the Offender or Offenders, by Warrant under the Hands and

Seals of the faid Commiffioners, rendering the Overplus, if any, after

deducing fuch Fine, and the Cofts and Charges of fuch Diftrefs and Sale,

to the Owner or Owners of* fuch Goods and Chattels ; and fuch Fine,

when fo levied and recovered, fhall be paid to and diftributed by the faid

Commiffioners in fuch Shares and Proportions; and in fuch Manner,

amongft the Poor of the faid Townfhip of

Stockport,

as they the faid Com-

mifiioners may think fit and proper,

XL.

And be it further enabled, That if any Clerk, Serjeant, or Cryer, officers taking

or any other Officer or Servant employed by the faid Commiffioners in

fn?/eev

putting this Aft'or any of the Powers thereof in Execution, fhall exact. Fees allowed

cake,

or accent any Fee or Reward whatfoever, other than and except by

the

Act.

fuch Fees as are appointed and allowed to them refpedively by virtue of

this

A61,

for or on- Account/of any Thing done or to be done by virtue of

this Aft, or on any Account whatsoever relative to putting this Ad into

Execution, every fuch Perfon fo offending fhall, upon Convidion thereof

beforethefaid Commiffioners at^ny of their Meetings,oruponVerdi£torJudge-

rcient being had againft him in fuch Adion as next herein-after mentioned,

be for ever incapable of ferving or being employed under this Ad in any

Office of Profit or Emolument, and fhall, over and above, forfeit and pay

any Sum not exceeding Ten Pounds to any Perfon or Perfons who fhall

fue for the fame, by Adion of Debt, Bill, Plaint, or Information, in any

of His Majefty's Courts of Record at Wefiminfter^ within Three Calen-

dar Months after the Offence committed, in which Adion or Suit no

ESoigc^ Protedion, or Wager of Law, or more than one Imparlance, fhall

be allowed,

lUc. &

Per.2

is T Xl-t. And

2293

3*94 46*GE.O&GII HL Op.*!*.

pnnifting %hh And be it further ena&sd, That m cafe any Per&ii or '&*fcn*

a«endingni°f flf&Hflg w ^eiflg within the Jyrtfiji£|t^ii of the faid Coutt* di&iwim$

iLu»moiicd* fcgen duly f(?rvedivith a Subpoena or Summons, to be iffmd by *Jn^Q*r);

of the faid Court of Requefts, and paid or tendered Jus or her mhmbits

i^rpences to interna #od give

hi$^

.&r, or their Evidence at fc Time and

Fkee in fuch Subpoena or Spu^ons memiomcl on Behalf of any PIlitH

tiff or IMendant, fliall nsgiefit or fcfufe to appear purfttaat to fuch $*ib-*

pmna or Summons, due Proof being made of the Service of fueh Sttb|:Qbna

or Summons, and no fufficient Caufe for hi?, her, or their Abfe&aae or*

Non-appearance being (hewn to the Satisfa&ion of the faid Court, and

Oa^h feeing made

b$i&fe

the faid CSominiflioner^ by the-jfony P£ li^s

whpif^aiWa^^

ifaF%r^mfat{%m^#e& therewith m§ owere aWUaeff or Wif ftdSlvbp

ftifh Pa^ey^^imju^d n/tcef^Jhtihet^Qoiof fciiJicr^or ihfirjCaiiJe

oil$a«fb,A$ipnori

Actions,

Co^pkint or €otfspJ4j*^r^

!©itam&$?

tftetf

and in ^very (wk Cafe* it (hall and may be k#M -ft and

ftlfcij%e &y Cami»iffioftcr*to impafe iny iFiftc^ px>t;rxc^#d*trig TenPoyodi*

en S^l^erfen or Perfon** apd in cafe fiich Fine fliall not be pid-i^tfe*

wifch$

foci*

Fine lhall and mty be gifted by*Diftreftand SaW of the Good*

and Chattels of the OiVndief or Olfcndtr$, by. Warrant #nd# Hand*

and Seals of the faid Cottimlffionen,fenduring the Overplus, if aay, after

diddling fiich Fine; and the Cofta arid Changes of fwi^;3Diftrefs ai>^ Saky

to the Owner or Owners of foch Goadi and Chattels 4 a#4 Cycb Fine,

when Id paid, levied, or recovered* &a$ #fe patd f er H$ the Party or

ibail have been iffuedi and in cafe^^ be found*

«JKalI and may

fee

fcwful

to and for fBfi^lPif?% ofiiwft^^f «l>u

f*i4

Co**

iniflbners, to commk fuch Offender co^be Caowtt^o G*d 0r Eaufe of

Correction in andfc* fhc faid Cop

&ty

Palatine *»f fi&g$r, Jpr*§ny Ti*« »«$

exceeding the Space of One Caleackr Month.

Pnnifiikg X1H* 4nd t^ it %ther ena&fed, That if any Feffttj m fttffam

F*rfom

guilty upaa Examination on Oath or AflirfiaattOfi tsefere the faid Commjffianers

elFcrjury. jn any A^JOJ^ Caufe, or Master depcadbf in the 6>d

&QVK

nf Rfqudis*

or before any Juftice or Jwtftices of the Peace a£Ung in Execution of

nhte

&&y(hd\ wilfully arid corruptly give falfe Evidence,or fhaJJ wilfully

and corruptly (wear or affirm any Matter or Thifig which (bail be fel4

or untrue* every fucfe Perfon fo ofibiding* and b*ing;-dvly fcoavi

thereof,

flbail

be and is hereby declared to be fubj«ft and Hable to fmb

Pains and Penalties as by any Law or S*atms, hm$ wSmwss m Mm

*$&&,

PerionS guilty of -wilful' a«d corrupt Pei)ux^ m ftlbj^t w4

liable to.

Cdmmimon- JlMh And bt it further enfr&ed, Th*t if my %&mmmmw 01 iftt

whenn°theya?re aid GouTtfor the Time being, fliall be Party to, or conesrofed or Mers&Ni

intereitcd. in any Caufe, Alfcioui! or Matter depending in the feid C$$n* W- frftll b»

inmrefted ki any Iueh Caufe, A^ion, or Mafter, fueh CoBnim'»ffi^8f; ft^JI

not be capable of a&ing a$ aCmiunWioner on tte bearirig or,d^termin«g

iudiCa^fe, AfiUon, or Matter^ or making 3*y Ord,et>JD^rftt, w J^gr*

Hitnt ^fiepein^ but fuch ComtriiSoncr/ after bein^ heard in fuah Caufe,

A&fcmw Mattery (hall withdraw ytitiLtbe fame be4««Hy dft^rjwja^i

and if the Clerk cr his Deputy, or other Offir of the laid C&ttft f$*

the

4.6*GEORGII III. Cap. 114. 22g$

the Time being, fliall be a Party to or interested in any Caufe, Aftion, or

JMatter depending in the faid Court, fuch Clerk, Deputy, or other Officer

(hall not cxercife his faid Office in fuch Caufe, Aflion, or Matter, or in

any Thing relating thereto, but the faid Commiffioners forming the faid

Court, (hall and may appoint another Perfon to exercife the Office of fuch

Clerk or Deputy, or other Officer refpectively, in all Things relating to

fuch Caufe,, Adion* or Matter.

X£IV.* And be it further enafled, That if any Perfon or Perfons (hall Farfiippoi*-

contemptuoufly and wilfully infult or abufe all or any of the faid Com-

^fy^f\]^S"

miffioners, or any of the Officers of the faid Court for the Time being,

fkid

cv»rt

and

'during his or their Sitting or Attendance in the faid Court, or going to or ir^"tlns

from the faid Court, or (hall hinder or obftrudt the Proceedings of the

faid Court, then and in every fuch Cafe, it fhali and may be lawful to and

for the Serjeant or Serjeants of the faid Court, with or without the

Aflif-

tance of any other Perfon or Perfons, by the Order of the faid

Commif-

fioners, to take fuch Offender or Offenders into Cuftody and ihe faid

Commiifioners fhall examine into fuch Infult, Abufe, or Mifbehaviour,

either from their own View or Knowledge of what pafled, or by the Oath

or Oaths of one or more credible Witnefs or Witnefles; and upon fuch

Infult, Abufe,, or Mifbehaviour, being proved as aforefaid, it (hall and may

be lawful to and for the faid Commiffioners, and they are hereby autho-

rized a/jd empowered to impofe a Fine not exceeding Ten Pounds :on

each and every fuch Offender or Offenders ; and in cafe fuch Fine (hall

not be forthwith paid, fuch Fine fliall and may be levied and recovered by

Diftrefs and Sale of the Goods and Chattels of fuch Offender or Offenders,

by Warrant under the Hands and Seals of any Three or more of the faid

Commiffioners, rendering the Overplus, if any, upon Demand, after

dedufting fuch Fine, and the Cofts and Charges of fuch Diftrefs and Sale,

to the Owner or Owners of fuch Goods and Chattels j and the faid Fine,

when jb paid, levied, or recovered, fhall be paid to and distributed by the

Commiffioners in fuch Shares and Proportions, and in fuch Manner,

amongft the Poor of the faid Townfliip of

Stockport,

as they theTaid Com-

miffioners fliall think fit and proper; and in cafe fufficient Diftrefs (hall

not

found, it (hall and may be lawful for any Three or more of the faid

Commiffioners, to commit fuch Offender or Offenders to the Common

Gaol or Houfe of Correction of the faid County Palatine of

Chejitr^

for

any Tim? not exceeding the Space of One Calendar Month.

XLV. And be it further enacted, That the Clerk of the faid Court copy of the

fhall fix or caufe to be affixed or ftuck up in the mod publick Part of preceding

the faid Court, or other Place where the Commiffioners of the faid Court ituXupV*

fhall meet, a true Copy of the preceding Ciaufe of this AS, to

the

Court

the end that no Perfon or' Perfons fhall or may plead Ignorance Houfe#

thereof.

XLVI. And be it further ena&ed, That if any A£ion or Suit for any

39 & 40

|„

Debt recoverable by virtue of this Aft in: the laid Court of Requefts, verdffei"*

(hall be commenced in any other Court whatsoever, or elfewhere than in anyother

the faid Court of Requefts (fave and except in the Court for the Liberty ^tsrecov

of the Hundred of

Macclesfield^

in the faid County Palatine of Chefier\

able in

this,

then and m every fuch Cafe, the Plaintiff or Plaintiffs in fuch A&ion qr p0tftcn£flcd

Suit {half nor, by reafon of a Verdidl for him, her, or them, or otherwife, ' %

9 have

recov«r*

2296

Ho Proceed-

ing to be re-

moved into

any Superior

Court, except,

etc*

Nothing

herein con*

tained to pre-

vent arty Per-

son from

dUfcraiiMng

for Rent»

Where Debt

due from

Two Perrons

fummoning,

ene cf them

fhall be fuffi-

Statute of

L imitations

tha\\ be

pleaded.

Recovery and

AnpUcation

©f Penalties.

46*

GEORGII JIL Gaf. 114*

have or be entitled to auty f£pfts whatfqever; and if the Verdict fell ht

given for fuch Defendant or Def^pdauts in fuch Action or Suit, $nd the

Judge or Judges before whom the fame fhall be tried or hear^fh^j) '^i$(c

fit to certify tjhat fuch Debt ough? to have-been recov4fed in theiiid

Court of'Requefts* the&ap^ in^ev^y %;h

C*fe

the Defendant or befend-

ants (hall have Cpft% jipd fuch R^tj}er?5#X?riQg the fame» as any

Defendant or Defendants may have for his, her, or their Cofts in any

Cafes by Law j and no Actron or Suit which mall be commenced or pre-

fceuted m fch&fajd Cpurtof Requeftjs tr> -putluance pf

tjbis,

Ac^npr^any

Pfocee4i«g» therek^ fe^ijpr may bp removed into a&y; %^jrior C^rt,

except-Jibf !*hfti Plaipt^pr, Pjaifitiffs, b £*4$s w^^t ^i/^V

Pefend^^^lhhavfersmoy^d ^i#^ ^feli, oiub*n*§j^^

01^

theii^i^|t% ou^*6;l^l#^ pf

j%fai^/Cfl^^|j^

j.tfefift-

ox Jadgtinfftiiby Citf&?^V:Pr^^

bps-

e^ry3i£tt6h Decree,andJudgementfhall be final; )^

between tfce'iPaitfes to # latei^s An4< jfyeppfc* ^aji^ypr^ Provid%

always that nothing herein contaitredU^ be conftrued t$

extend* fc ,a$

toprevsnf:

or rej3:r;ain;mrjy Perfoa ^ for any

Relit afc Arrears

thereof'

although tk& pme ihaii &$t exceed the Siuaof

Five Pounds

XLV1I. And be it farther enacted^ That %vhere any Debt ffiaH be?dt|e

and ow;Wg*nPr demaj^ded fropxany $ty& or mot|e Prions jqintly^ i>y

reafonor on account of fuch Perfonsheinff^PartqerS;

Trade, or otherwife

jointly/ concerned, Service of ,fu,ch ^pmn^ofts a^ af^r^id on any pne ,pf

fuch^KtinefS7f P^|fan% or left at ^i^ ^e^ or^^^^ofualLMac# or

Place!; of Abodey Warehoufe, lodging,*.$hopj,,

S|red^

St^J^ ScaE^ ^^

other f%ee of

dealing, tradings br working, 4hM ^e a* fe°9^ ity$

fufficient as if each of fuch Partners or Perfons were fepa^ately fumthoned

as aforefakh

XI4YI.UL And^ for removing all Doubts whether the Statute of Limita-

tions ShSy be pleaded in the faid Court of ;Requeft$» it is hereby further

ena£te'd and declared, That all Defendants in the laid Court, (hall be

allowed to plead or claim the Benefit of any Statute of Limitation in force

and effe£fc; and; fetery Defendant fo pleading or claiming, (hall have and

receive futhand the like Advantage and Relief thereby; as fuch Defendant

would have been entitled to in-cafe^his Act had not been made, ,and he,

Ihe,

or they had been fued for the fame Debt or other Caufe of Aftion

ki any f :His Majefty*s Courts of Record at

M^eflmlvfiefi

any

other ;QSutt» and had there pleaded fuch Statute in bar to tfee,A£iion

or Sriife,

XtJ'XX And be it further enacfced> That all Penalties or Fotfettures.bir

virtue or this Ad impofed (the Manner of levying and recovering wjraay

is not hereby otherwife particularly direflted) (hall be levied and recovered

by Diftrefs and Sak of the Goods and Chattels -of *the.

Offi^cfcf-

Oftendefs, by Warrant under the Hands and Seals of any Three or iiore

of the fajd Comrniffioners (\yhich Warrant fuch CqmnHirioners,a4'e,hr;reb^

tnapowered to ^rant upon the Qonfeflipn of the- ^arty; or uppa\Jte

Eyidettce of any credible-Witnefs ;upon Oath) and th< Overplus (if ai^^f

of the Money arifing by fuch Diftrefs and Sale, (hall be returned, upon

Demand

to;

the Owner of fuch Goods and Chattel?* after deducing fuch

Fines

46° GEORGII III. Cap. 114- 3297

Fines and Penalties, and the Cofta and Charges of making, keeping, arid

felling the Diftrefs; and fuch Penalties and Forfeitures wheu recovered

(if not herein, before, directed to be otherwife applied) (hall be paid to

the Clerk to the faid Commiffioners* and fhall be by

the.

faid Comtniflion-

ers diftributed amongft the Poor of the faid Tov^nfhip of Stockport > in

fuch Manner, as the faid Comrriiffioners, or any ^hree or more of them*

lhall think right and proper*, $nd in cafe fufficient Diftrefs Jhall not be

found, or fuch Penalties and Forfeitures lhall not be paid forthwith^ it

lhall and may be lawful to and for the faid Commiflloners, and they are

hereby authorized and required, by Warrant under their Hands and Seals^

to caufe the Offender or,Offenders to be committed to. the Common

Gaol or Houfe of.: ,Correftion for the laid County Palatine of

Cbejier^

there to remain* without Bail or Mainprise, for any Time not exceeding

Three Calendar Months, unlcfs fuch Penalties and Forfeiture^, and all

reafonaible Charges attending

ibfc

Recovery thereof fhall be fooner fully

paid and fatisfied.

L. And be it further ena£ted, That in all Cafes where any Convi&ion Formof

Con*

fhall be had for any Offence or Offences committed against this A£t, the

form of Conviction lhall be in the Words or to the Effect following |

(that is to fay),

« T>E it remembered, That on this Day

« of in the Year of the

* Reign of A. B. is convi&ed

* before of His Majefty's Juftices of the Peace for the

* County Palatine of

Cbejter

[V, before Three of the Commiflloners for

* the Recovery of Small Debts, within the Townfliips of

Stockport

and

€ hrinniniton^ and the Hamlets of

Edgeley

and Brink)way9 in the County

* Palatine of

Chejikr9

of Having [as ike Qjjferice Jhall bel and 1 [or, Wei

* the faid do adjudge him,

< [her, or themj to forfeit and pay for the fame, fuch Offence being con-

% trary to the Provifions of an A6t, made in the Forty-fixth Year of the

* Reign of King

George

the Third, intituled, [here infert the Title oftkis

* A£f\ the $um of Given under

« my Hand and Seal

[or>

oixr Hands and Seals]] the I5ay and Year

* aforefaid**

LI.

Apd be ,it further ena&ed, That where any Diftrefs (hall be made Diftrefs not

for any Sum of Money to be levied by, virtue of this A<3, the Diftrefs ^bf^^

itfelf (hall not be deemed unlawful, nor the Party or Parties making the of'Form,

fame be deemed a Trefpafler or Trefpaflfcrs on account of any Defeat or

Want cf Form in the Information, Summons, Convi£|ion, Warrant of

Dirtrcfsi or .other Proceedings relating thereto^ nor lhall the Party or

Parties dtftraining be deemed a Trefpafler or Trefpaffcrs, ab initio, ofi

account of any Irregularity which fhall be afterwards done by the Party or

Parties fo diftraining

but the Perfon or Perfons aggrieved by fuch Irregu-

larity, (hall and may recover full Satisfa&ion for the fpecial Damage m

aft AClion upon the Cafe.

LIL And be it further ena&ed, That no Order, Verdift, Afleffment, proc»edin^t

or Judgement, or other Proceedings made touching of concerning any of

not to be

the Matters aforefaid, or touching or* concerning the Convitlion of any SanrofFom

Offender or Offenders againft this A&» lhall be quafhed or vacated for

^movable*

£Z,«v & Per,} *5 Z Want

°>

Certww.

229$ 4£*-aK0BGI[ III.

Gf-iit.

Plaintiff*

wot

to h cotfer

Noti e, or

ftty. for the MaifttiiF

bf>

|Mli tW Phis$

fpfBctelit»Amends

latji &^-4?i^^Mv

tor their, Aaonliwrii b^or tm^to/|^|^

^fare•

fuch 4£i^

made, it fballabd mqy be Jaww-fO^ii

?4&utr aatfricjt ^et&tf

to*

J& ^f^Nporo«i^| l^t te&diii^l

^ii^^

ucs

as jji oilier Anions where the Ikfciidant fatilkmM •'$$

Cwru

ci Actum**

«W5*«

eat?

PubHck A t,

XIYv Frw ckd always, and he it e?ta$adf "That itq &&k>n %*Siilfr ihal}

^e^o^ien^^gfiinfl any fMen ^1?^^ ^l^iapur-

jpan. of-tfi«' tt* afar 4&:v&^^

j!Q|t«dt.

and-rv^y. loch A;or ^^Uf.;'^>|!^j^4iBH;%«8l^t1^

&7&V fuffi^ie^cSfttisfa&ibri made or fehAtieo as afon

cf itpc lpitedlbf bringipg th,e

tame

aibrefaid, er fliall

xtfjief Couiity (hap as aforefaid, t^ei^ anl |n ^ylfcchJ ^ r. . .

JimKfar rheJUefmdaiit or Deftnt&ntt | nod «p .ftic{v

?$r«tf%

*fr:tf th£

!i^ntiff %H be honfuited or di|cotitioaef his, her, or |^,||6t«on op

§mn a&er thr De|endant or p^fen$ %IJ hive ajmeaj^^lrfetO* of if

Upon Demurrer Jodg^hient

ftja^fbe

given agal|iftiiicbJa^^lF^^^^

tben and in'^y^ry Alcvh Cafe rthe Defendant w^

^dp^

and h^^chKtmedf

IcJr^

iitli lor Gofts iii Suit in other G^es by

h£tf.

Wi'^M^ItWtfier^fted^ *pat

thW

Attfii^bf|^i«#JM#taken

M *W

m+*~*****m V *• ...i

I*TiTilT^C^»r^»rir»i5ST5^«»4^«^w^Ji

*»'

»'t'" • • '

Piiiiiers to the Kinc's raoft Exceilent Majeftf • l8o6.

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Stockport, Brinnington, Edgeley and Brinksway Court of Request s Act 1806

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