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ditaments within the limits of any such commission, do not pay the No. XIX.a. said lot and charge, according to the order and assignment of the com- 7 Anne, missioners, having power of the execution of the said commission,

c. 10. That then the said commissioners for lack of payment of such lot and charge, may decree and ordain the said lands and tenements, froin the owner or owners thereof and their heirs, and the heirs of every of them, to any person or persons, for term of years, term of life, fee-simple, or fee-tail, for payment of the same lot and charge, the said decrees and ordinances to be executed in such manner, as by the said laws now in force is directed and appointed : And it is thereby provided, That the same decrees and ordinances shall bind all and every person and persons, that at the making of the same decree had any interest in such lands, tenements and hereditaments, in use, possession, reversion or remainder, their heirs and fcoffees, and every of them ; and shall also bind as well the lands, tenements and hereditaments of the King of England, as all and every other person and persons and their heirs, and such their interest, as they shall fortune to have in any lands, tenements and hereditaments, or other casual profit, advantage or commodity whatsoever they be, whereunto the said laws, ordinances and decrees shall in any wise extend, according to the true purport, meaning and intent of the said laws; But the said laws of sewers now in force, have been found defective, in that sufficient power and authority is not thereby given to commissioners of sewers, to make sale of copyhold or customary lands within the limits of their commission for the causes aforesaid; for remedy whereof, Be it enacted by the Queen's most excellent Ma. jesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the five and twentieth day of March, in the year of our Lord One thousand seven bundred and nine, It shall and may be lawful to and for the commissioners authorized by commission from her Majesty, ber heirs and successors, or any six or more of them, to put in execution the laws now in force concerning sewers, for non-payment of any lot or charge, assessed or charged upon any copyhold or customary lands within the limits of their commission, and by the power and authority of the said commission of sewers, to decree and ordain the said copyhold or customary lands so charged from the owner or owners and their heirs, and the heirs of every of them, to any person or persons, for such estate and interest therein, as the said owner or owners thereof, or any claiming in remainder under them, at the time of such decree made, had in the same copyhold lands, tenements and hereditaments the said decrees to be made and executed, as decrees concerning freehold lands are, by the said laws now in force, to be made and executed.

11. Provided always, That all and every person and persons, to whom any such sale of copyhold or customary lands or tenements shall be made, shall before such time as they or any of them shall enter, or take any profit of the same lands or tenements, agree and compound with the lords of the manors, of whom the same shall be holden, for such fines or incomes, as heretofore hath been most usual and accustomed to be yielded or paid therefore, and that upon every such agreement or composition, the said lord for the time being at the next court to be bolden, at or for the said manors, shall not only grant to such vendee or vendees upon request, the same copyhold or customary lands or tenements by copy of court-roll of the said manors, for such estate or interest as to them shall be so decreed or sold, and reserving the ancient rents, customs and services, but also shall in the same court admit them tenants of the same copyhold or customary lands, as other copyholders of the same manors have been wont to be admitted, and to receive their fealty accordingly,

III. And be it further enacted and declared, That it shall and may be lawful to and for the commissioners of sewers, or any six or more of them, by warrant under their hands and seals, to give authority to any person or persons to levy the sums of money by them from time to time to be assessed or taxed upon the lands, meadows, marishes or

No. XIX. a. grounds, liable or chargeable with any sesses, taxes, impositions or 7 Anne,

charges, by authority of their said commission, by distress and sale of

the goods of such person or persons that shall not pay or refuse to pay c. 10.

the same, and the overplus of the money arising upon such sale, after
deduction of the reasonable charges of making such distress and sale,
shall be restored to the owner or owners of the goods so distrained.

*

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P [ No. XX. ] 27 George II. c. 16.–An Act for making

perpetual several Laws
and that all Acts made for erecting Courts of Con-
science shall be deemed public Acts; and for other

Purposes. 27 George II. • 11. A

Acts for erecting courts of requests or conscience in several

' cities, towns corporate and other places have not been declared to be All Acts for public Acts;' Be it therefore enacted, That froin and after the first day erecting courts of January, One thousand seven hundred and fifty-five, all the Acts of of conscience Parliameut for erecting courts of requests or conscience for the recodeemed public very of small debts in cities, towns corporate, and other places in this Acts.

kingdom, shall be deemed, adjudged and taken to be public Acts, and
shall be judicially taken notice of as such by all judges, justices and
other persons whatsoever, without specially pleading the same.

c. 16.

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c. 19.

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[ No. XXI. ) 29 George II. c. 19.-An Act to empower

Judges of Courts of Record in Cities and Towns Cor-
porate, Liberties and Franchises, to set Fines on Per-
sons who shall be summoned to serve upon Juries in

such Courts, and shall neglect to attend. 29 George II. WH

VHEREAS the city of London, and many other cities and towns

corporate, liberties and franchises, within this kingdom, have by • royal grants, or by prescription, certain courts of record holden within • such cities and towns corporate, liberties and franchises respectively, • for the trial of actions and suits arising within the limits or jurisdic* tiops of such cities and towns corporate, liberties or franchises respec

tively. And whereas great inconveniences and delays frequently happen • to the suitors in those courts, by reason that persons duly impanelled • and summoned to serve upon juries in such courts, refuse or neglect • to appear and serve upon the same: And whereas such inconveniences . and delays principally arise from want of power in the judge or judges

of such courts, to compel persons who are impanelled and summoned

• to serve upon juries, for the trial of causes depending in such courts, Persons sum

'to attend, or to fine them for their not attending :' Wherefore be it moned to serve enacted by the King's most excellent Majesty, by and with the advice on juries, pot and consent of the Lords Spiritual and Temporal, and Commons, in this attending to present Parliament assembled, and by the authority of the same, That forfeit not more from and after the twenty-fourth day of June Öne thousand seven than 40s, nor hundred and fifty-six, every person duly impanelled and summoned to less than 20s.

serve upon any jury for the trial of any cause to be tried in any court of
record, bolden or to be holden within the said city of London, or in any
other city or town corporate, liberties or franchises, within the kingdom
of England, who shall not appear and serve on such jury (after being
openly called three times, and on proof being made on oath of the
person so making default having been duly suni moned) shall forfeit and
pay for every such his default, such fine, not exceeding the sum of forty
shillings, nor less than the sum of twenty shillings, as the judge or
judges of the respective courts wherein any such default shall be made,
shall, from time to time, deem reasonable to impose or set, unless some
just cause for such defaulter's absence, shall be made appear by oath
or affidavit, to the satisfactiun of the judge or judges of the said

c. 19.

respective courts wherein any such default shall from time to time be No. XXI. made.

29 Geo. II. II. And be it further enacted by the authority aforesaid, That if any person on whom any fine shall be imposed or set in pursuance of this Act, shall refuse to pay the same to the person or persons who shall be authorized by the judge or judges who shall impose or set any such fine, to receive the same, it shall and may be lawful for the judge or judges who shall have imposed or set any such fine, and he and they is and are hereby authorized and required, by warrant under his hand and seal, or their hands and seals, to cause all and every such fine which shall have been imposed or set by him or them as aforesaid, to be levied from time to time, by distress and sale of the goods and chattels of the person or persons on whom any such fine shall have been so imposed or set as aforesaid; and the overplus money, if any, which shall remain after payment of such fine, and deducting the reasonable charges of such distress and sale, shall be rendered to the person or persons whose goods and chattels shall have been so distrained and sold.

III. And be it further enacted by the authority aforesaid, That every Fine to be paid fine which shall be imposed or set in pursuance of this Act, shall, when to the proper received or levied, be paid by the person who shall receive or levy the officer. same, to the proper officer of the city or town corporate, liberty or franchise, in which the court or courts was or were holden, wherein such fine so received or levied was imposed or set; to be applied to such uses, as issues set on jurors, or other fines set in courts holden within such city or town corporate, liberty or franchise, are by charter, prescription or usage applicable. IV. And be it further enacted by the authority aforesaid, That if any

Limitation of action or suit shall be brought or commenced against any person or

actions. persons for any thing done in pursuance of this Act, then and in every such case, such suit or action shall be brought or commenced within six calendar months next after the matter complained of shall have been committed, and not afterwards; and that the defendant or defendants in General issue. every such action, shall and may plead the general issue, and give this Act and the special matter in evidence, on any trial tø he had thereupon ; and that the same was done in pursuance and by the authority hereof; and if upon the trial of any such action or actions, the jury shall find a verdict for the defendant or defendants; or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his or their action or actions; or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover double costs, . Double costo. and have the like remedy for the same, as any defendant or defendants hath or have for costs of suit in other cases by law.

c. 70.

[ No. XXII. ] 19 George III. c. 70.-An Act for extend

ing the Provisions of an Act, made in the twelfth Year of the Reign of King George the First, intituled “ An Act to prevent frivolous and vexatious Arrests :" and

for other Purposes. :WH NAEREAS in and by an Act of Parliament, made in the twelfth 19 George III.

year of the reign of King George the First, intituled, “ An Act 'to prevent frivolous and vexatious Arrests,” it is enacted, That from and 12 Geo. I. c. 29.

after the twenty-fourth day of June, One thousand seven hundred and 'twenty-six, no person shall be held to special bail upon any process * issuing out of any superior court, where the cause of action shall not 'amount to the sum of ten pounds, or upwards, nor out of any inferior 'court, where the cause of action shall not amount to the sum of forty

shillings, or upwards : And whereas the power of arrest and imprison'ment, or mesne process issuing out of such inferior court, where the 'cause of action does not amount to ten pounds, is found by experience 'to be attended with much oppression to great numbers of his Majesty's

2

No. XXII. • subjects; for remedy whereof,' he it enacted by the King's most excel19 Geo. III. lent Majesty, by and with the advice and consent of the Lords Spiritual

and Temporal, and Commons, in this present Parliament assembled, and c. 70.

by the authority of the same, That from and after the first day of July, No person shall

One thousand seven hundred and seventy-nine, no person shall be arrested be arrested, or

or beld to special bail, upon any process issuing out of any inferior court, held to special where the cause of action shall not amount to the sum of ten pounds, or bail, upon any upwards; but that the like copies of process shall be served, (for the serprocess issuing vice of which process a sum not exceeding two shillings and sixpence out of an infe- shall be allowed in costs,) and the like proceedings shall be had thererior court, for upon in such inferior court, in all cases where the cause of action shall less than 101. not amount to the sum of ten pounds, or upwards, as are directed to be

had, by the said recited Act, in such inferior court in all cases where the cause of action shall not amount to the sum of forty shillings; any law

or usage to the contrary notwithstanding. Proceedings in

II. And be it further enacted, That from and after the first day of causes of 101.or July, One thousand seven hundred and seventy-nine, in all cases in such upwards, shall be the same as

inferior court (having jurisdiction to the amount of ten, pounds, or upordered in cau

wards) where the cause of action shall amount to ten pounds, or upwards, ses of 40s. or

the like affidavit shall be made and filed of such cause of action, and the upwards. like proceedings shall be had thereupon, as are directed by the said re

cited Act to be had, where the cause of action amounts to the sum of

forty shillings, or upwards, in such inferior court. So much of • ill. And whereas divers Acts of Parliament have passed for the recoacts as autho

• very debts within certain districts and jurisdictions, which may have rizes imprison

authorized the arrest and imprisonment of defendants, where the cause ment for less than 101. re

• of action amounts to less than ten pounds;' be it enacted, That so much pealed.

of such Act or Acts of Parliament as gives such power shall be, and the
same is hereby repealed:

• IV. And, forasmuch as persons served with process issuing out of
inferior courts, where the debt is under ten pounds, may, in order to

• avoid execution, remove their persons and effects beyond the limits of
Record of such the jurisdiction of such courts; be it epacted by the authority afore-
judgment may said, That in all cases where final judgment shall be obtained, in any
beremoved into action or suit in any inferior court of record, it shall and may be lawful
the superior
court, andwrits

to and for any of his Majesty's Courts of Record at Westminster, upon of execution

affidavit made and filed therein of such judgment being obtained, and of issued to the

diligent search and enquiry having been made after the person or persons sheriff of any

of the defendant or defendants, or his, her, or their effects, and of execounty, &c. cution having issued against the person or persons, or effects, as the case

may be, of the defendant or defendants, and that the person or persons,
or effects of the defendant or defendants, are not to be found within the
jurisdiction of such inferior court, which affidavit may be made before
a judge or commissioner authorized to take affidavits, and such superior
court, to cause the record of the said judgment to be removed into such
superior court, to issue writs of execution thereupon to the sheriff of
any county, city, liberty or place, against the person or persons, or
effects of the defendant or defendants, in the same manner, as upon judg-
ments obtained in the said courts at Westminster; and the sheriff, upon
every such execution, shall, and he is hereby authorized to detain the
defendant or defendants, until the sum of twenty shillings be paid to
him, or to levy the same out of the effects, according to the nature of
the execution, for the extraordinary costs of the plaintiff or plaintiffs in
the inferior court subsequent to the said judgment, and of the execution
in the superior court, over and above the money for which such execu-

tion shall be issued.
Uponwhat con- V. Provided always, and be it further enacted by the authority afore-
ditions execu- said, That from and after the first day of July One thousand seven hun-
tion shall be

dred and seventy-nine, no execution shall be stayed or delayed upon or stayed upon

by any writ of error, or supersedeas thereon to be sued, for the revers-
ing of any judgment given, or to be given, in any inferior court of
record, where the damages are under ten pounds, unless such person or
persons, in whose name or names such writ of error shall be brought,

any writ of error, &c.

with two sufficient sureties, such as the court (wherein such judgment is No. XXII. or shall be given) shall allow of, shall first, before such stay made or 19 Geo. III. supersedeas to be awarded, be bound unto the party for whom any

such

c. 70. judgment is or shall be given, by recognizance to be acknowledged in the same court, in double the sum adjudged to be recovered by the said former judgment, to prosecute the said writ of error with effect, and also to satisfy and pay (if the said judgment be affirmed, or the said writ of error be nonprossed) all and singular the debt, damages, and costs, adjadged or to be adjudged, and all costs and damages to be awarded for the same delaying of execution.

VI. Provided also, and be it futher enacted, That no cause where the No cause under cause of action shall not amount to the sum of ten pounds, or upwards, 101. to be reshall be removed or removable into any superior court, by any writ of moved into a Habeas Corpus, or otherwise, unless the defendant, who shall be desirous superior court, of removing such cause shall enter into the like recognizance for

unless, &c.

payment of the debt and costs, in case judgment shall pass against him.

c. 38.

[ No. XXIII. ] 26 George III. c. 38.-An Act for regu

lating the Time of the Imprisonment of Debtors imprisoned by process from Courts instituted for the Recovery of small Debts; for abolishing the Claim of Fees of Gaolers, and others, in the Cases of such Imprisonment; and for ascertaining the Qualifications of

the Commissioners. :WA

THEREAS by several Acts of Parliament now in force, and made 26 George III.

to establish or regulate courts for the recovery of small debts in several cities, towns, districts, and places within this kingdom, there is * po uniform time limited for the duration of the imprisonment of the defendant or debtor, against whom an execution, process of contempt, or precept in the nature of an execution, is issued for non-payment of such debts and costs, sum or sums of money, as by the order or orders * of such courts such debtor or defendant is ordered or directed to pay, * but such debtors or defendants are by such Acts of Parliament to be 'committed to prison, there to remain for an indefinite length of time, ' until he, she or they shall perform the order of the court or com' missioners in that behalf; so that it frequently happens that a poor person, who is noť of ability to pay a debt of or under forty shillings, is imprisoned for many months, and sometimes for years, without a ' possibility of being discharged: And whereas it often happens that poor

persons, who are committed to prison by virtue of and in pursuance of • the said Acts of Parliament for å trifling debt are kept in custody after . they have been enabled to pay and discharge such debt, for gaol fees : * And whereas an Act was made in the last Session of Parliament, inti- 25 Geo. 3. c. 45. tuled, “ An Act for reducing the Time for the Imprisonment of Debtors

committed to Prison, upon Prosecutions in Courts of Conscience in * London, Middlesex, and the Borough of Southwark, to the same periods in each Court; and for abolishing Fees paid by those Debtors to Gaolers, or others, on account of such imprisonment,” the purposes of which • Act have been found to be beneficial ; and it is expedient that the like

provisions should be extended to all other courts instituted for the recovery of small debts:' Therefore 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 Parliament assembled, and by the authority of the same, That from and after the Limitation of first day of September, One thousand seven hundred and eighty-six, no the time of imperson whosoever, being a debtor or defendant, and who has been or prisonment of shall be committed to any gaol or prison by order of any court, or com- debtors commissioners authorized by any Act or Acts of Parliament for constituting mitted by or regulating any court or courts for the recovery of small debts, where courts of conthe debt does not exceed twenty shillings, shall be kept or continued in

science. Vol. IV.

I

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