History of the Fylde of LancashirePorter, John (Writer on the Fylde of Lancashire)
History
History of the Fylde of Lancashire
Porter, John (Writer on the Fylde of Lancashire)
Lancashire (England) -- History
“I ... do swear That I will faithfully, impartially, and
honestly, according to the best of my Judgement, hear and
determine all such Matters and Causes as shall be brought before
me, by virtue of an Act of Parliament, for the more easy and
speedy Recovery of small Debts, within the Parishes etc.; without
Favour or Affection, Prejudice or Malice, to either Party. So
help me God.”
Edward Whiteside and Simon Russell were elected, respectively, clerk and
sergeant of this court, and James Standen, of Poulton, in consideration
of having advanced money to pay the expenses of obtaining the act and
providing suitable accommodation for its administration, had authority
given to him and his heirs to appoint a person to be clerk or sergeant
as often as either of those offices should become vacant, until the
sum so advanced with lawful interest had been repaid; after which the
appointments were to be filled up by a majority of votes at a special
meeting of the commissioners, not less than eleven being present. For
the better regulation of the proceedings it was enacted that a majority,
amounting to five, of the commissioners assembled in court should have
full power and authority to make, as often as occasion required, such
rules and orders for the better management of the court as might seem
necessary and conducive to the purposes of the act, provided always such
rules or orders did not abridge or alter the scale of fees as at first
arranged, and were consistent with equity and the true intent of the act.
In the event of anyone neglecting to comply with an order from this court
for the payment of money owing an execution was awarded against the body
or goods of the debtor, if the former, the sergeant was, by a precept
under the hand and seal of the clerk, “empowered and required to take and
apprehend, or cause to be taken and apprehended, such party or parties,
being within any of the parishes or townships aforesaid, and convey him,
her, or them, to some common gaol, or house of correction, within the
county palatine of Lancaster, there to remain until he, she, or they, had
performed and obeyed such order, decree, or judgment, so as no person
should remain in confinement upon any such execution, for any longer
space of time than three months.” In the case of goods the sergeant was
similarly empowered “to levy by distress and sale of goods, of such
party, being within the parishes or townships aforesaid, such sum and
sums of money and costs as should be so ordered and decreed.”
Public-domain text, read in full here on John Shaqi.
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