Westminster Court of Requests Act 1836

Publication Date:January 01, 1836
 
FREE EXCERPT
Westminster Court of Requests Act 1836

(6 & 7 Will. 4) c. cxxxvii

An Act two repeal Two Acts of the Reign of King George the Second for the Recovery of Small Debts within the City and Liberty of Westminster, and for granting more effectual Powers for that Purpose.

[19th August 1836]

ANNO SEXTO & SEPTIMO GULIELMI IV. REGIS. #**#******#*****.***********************#***##******* Cap. cxxxvii. An Act to repeal Two Acts of the Reign of King George the Second for the Recovery of Small Debts within the City and Liberty of Westminster, and for granting more effectual Powers for that Purpose. [19th August 1836.] W HERE AS an Act was passed in the Twenty-third Year of the Reign of His Majesty King George the Second, intituled An Act for the more easy and speedy Recovery 0/230.2.0.27. SmallmDebts within the City and Liberty of Westminster, and that Part of the Duchy of Lancaster which adjoineth thereto: And whereas an Act was passed in the Twenty-fourth Year of the Reign of His Majesty King George the Second, intituled An Act to explain and 24 G. 2. c. 42. amend an Act passed in the last Session of Parliament, intituled ' An ' Act for the more easy and speedy Recovery of Small Debts xvithin the 1 City and Liberty of Westminster, and that Part of the Duchy ofLan- ' caster which adjoineth thereto,' and for making the said Act more effectual: And whereas it would facilitate the Proceedings of the said Court, and encourage.Trade within the said City and Liberty of Westminster and that Part of the Duchy of Lancaster which ad joineth thereto, if the Provisions of the said recited Acts were con solidated, and better and more extensive Powers were granted for [Local] 70 C the 6358 6&7GULIELMI IV. Cap. cxxxvii. the more speedy Recovery of Debts : May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia-Hetited Acts ment assembled, and by the Authority of the same, lhat from and repealed. after the Tenth Day ofOctober next after the passing of this Act the said recited Acts of* the Twenty-third and Twenty-fourth Years of the Reign of His Majesty King George the Second, and all and every the Clauses, Powers, and Authorities therein contained, shall be and the same are hereby repealed. All Acts of II. Provided always nevertheless, and be it further enacted, That Commission- an Acts, Judgments, Orders, and Decrees made or to be made by forme" Acts tne Commissioners appointed by virtue of the said recited Acts or to be valid, either of them on or before the said Tenth Day of October, and all Acts, Executions, Distresses, Imprisonments, Penalties, Forfeitures, and Proceedings to be done, suffered, incurred, recovered, or executed in pursuance of such Judgments, Orders, and Decrees, or any or either of them, shall be valid and effectual in the same Manner to all Intents and Purposes as if the said recited Acts or either of them had not been repealed or this Act had not passed, and may be executed and enforced against all Persons liable thereto by the Commissioners and the Officers acting in the. Execution of this Act in the same Manner, to all Intents and Purposes, as if such Judgments, Orders, and Decrees respectively had been made by the Commissioners acting in the Execution and under the Authority of this Act. Commis- III. And be it further enacted, That it shall be lawful to and sioners to be for au and every the Vestrymen and Parishioners of the several appointed. an(j respective Parishes within the said City and Liberty of Westminster and the said Part of the Duchy aforesaid, who have a Right to assemble and meet in Vestry within their respective Parishes, and they are hereby respectively empowered, arid required, to meet on the Twentieth Day of September in the Year,of our Lord One thousand eight hundred and thirty-six, and so on the same Day in every succeeding Year, provided the same shall not fall on a Sunday, and if it shall, then upon, the next Day, at Eleven of the Clock in the Forenoon, in the several and respective Vestries in each of their respective Parishes^ and nominate and assign in the whole the Number of Two hundred and forty-two substantial and discreet Persons residing within their respective Parishes, who are to be Commissioners of the Court of Requests in and for the City and Liberty of Westminster and that Part of the Duchy of Lancaster which adjoineth thereto; which said Two hundred and forty-two Commissioners shall be nominated and appointed by their respective Parishes in manner following; that is to say, the Parish of Saint Margaret to nominate and appoint Thirty of the said Persons, the Parish of Saint John the Evangelist other Twenty of the said Persons, the Parish of Saint James other Forty-two of the said Persons, the Parish of Saint George Hanover Square other Thirty of the said Persons, the Parish of Saint Anne other Twenty-four of the. said Persons, the Parish of Saint Martin-in-the-Fields tohcr Forty of the said Persons, the Parish of 6 & 7 GULIELMI IV. C^.cxxxvii. 6359 of Saint Clement Danes, as well within the Liberty of Westminster as without, other Twenty-four of the said Persons, the Parish of Saint Mary-le-Strand other Twelve of the said Persons, and the Parish of Saint Paul Covent Garden other Twenty of the said Persons; and the Churchwardens of each respective Parish for the Time being, or One of them, shall, within Two Days after such Appointment by the Vestrymen and Parishioners as aforesaid, cause Two Lists to be made out of the several Persons so respectively nominated and appointed as aforesaid, and shall cause one of the said Lists, or a true Copy thereof, to be fixed or stuck up on the Church Door of each respective Parish, and shall deliver or cause to be delivered the other of the said Lists to the Clerk of the said Court or Commissioners, who shall forthwith cause a Copy of such Lists to be made and stuck up in the Place or Court where the said Commissioners shall assemble ; which said Persons so nominated and returned by and for the said several Parishes respectively as aforesaid from Time to Time shall be and they are hereby declared, constituted', and appointed Commissioners to hear and determine all such Matters of Debt as are hereafter mentioned; and such Commissioners are hereby constituted and appointed a Court of Justice by the Name of " The Court of Requests for the City and Liberty of Westminster and that Part of the Duchy of Lancaster which adjoineth thereto"; and the said Court is hereby authorized and empowered to make such Orders, Judgments, and Decrees in the Matters aforesaid, and to award Execution or Attachment thereupon, with or without Costs, against the Goods and Chattels or against the Body or Bodies of all and every the Person or Persons against whom any such Order, Judgment, or Decree shall be given, as shall be consistent with the Laws and Statutes of that Part of the United Kingdom of Great Britain and Ireland called England, and this Act. IV. And be it further enacted, That the said Commissioners shall Commission-and they are hereby empowered to meet and to hold the said Court ers toappoint in some convenient Place or House situated within the said City P'^eand and Liberty of Westminster, to be appointed for that Purpose from Piftl, "r,. _. , . . _, 7 i ii i i i i i m- ,. holding the Time to Time ; and the Court shall be holden at such Time or Times Court. and on such-Day or Days in every Week as the said Commissioners shall think fit to order and appoint: Provided always, that the Office The Clerk's of the Clerk of such Commissioners shall be open daily (except ,fice t0 c Sundays) from Ten of the Clock in the Morning until One of the 0|)cn dailv- Clock in the Afternoon, for the granting of Summonses, Subpoenas, Warrants, Attachments, and Precepts, and for other Purposes relative to the Business of the said Court; and provided also, that the said Court to be a Week. Commissioners shall and are hereby required to hold the said Court hel J T(w'ce for the hearing of all Causes and Actions at least on Two Days in " every Week. missioners. V. And for the more orderly and regular proceeding in the said Clerk tosum-Court, be it further enacted by the Authority aforesaid, That the m".Com-said Chief Clerk (who is hereby empowered and required from Time to Time so to do) shall, within Two Days next after such several Lists shall be returned to him as aforesaid, summon or cause to be summoned the first Seven Persons named in each List containing Forty-two or Forty, 6360 6 & 7 GULIELMI IV. C^.cxxxvii. Forty, the first Five in each List containing Thirty, the first Four in each List containing Twenty-four or Twenty, and the first Two in each List containing Twelve, to attend as Commissioners of the said Court for the Month of October; and so the like Number of Persons but of every List as they stand in Order and Rotation therein respectively, to serve as Commissioners from Month to Month during the Time for which they are chosen Commissioners. sncli when ever they think fit. Commission- VI. Provided always, and be it further enacted, That nothing ersnmvsjtas herein contained shall extend, or be construed to extend, to exclude or debar any of the Persons who shall be nominated and returned for Commissioners as aforesaid^ (although they be not in Rotation) from sitting in the said Court, but that all such Commissioners shall and may, as often as they shall respectively think fit, sit and give Judgment therein, any thing hcrein-before contained to the contrary thereof notwithstanding. ers to be present Number of VII. And be it further enacted, That upon the Hearing or Trial Commission- of any Action or Suit by the said Commissioners under and by virtue of this Act, the said Court shall, in case the Debt or Claim sought to be recovered shall not exceed Forty Shillings, consist of Three of the said...

To continue reading

REQUEST YOUR TRIAL