No. III. 5 & 6 W. 4, c. 94. by virtue of divers acts of common council made within the said city for the relief of poor debtors dwelling within the said city, were accustomed monthly to assign two aldermen and twelve discreet commoners to be commissioners, and sit in the court of requests in the Guildhall of the same city, to hear and determine all matters of debt not amounting to the sum of forty shillings to be brought before them: And whereas, for the more perfect establishment of the said court, an act was passed 1 Jac. 1, c. 14. in the first year of the reign of king James the first, intituled An Act for Recovery of Small Debts and relieving of poor Debtors in London: And whereas an act was passed in the third year of the reign of king 3 Jac. 1, c. 15. James the first, intituled An Act for the recovering of Small Debts and for the relieving of poor Debtors in London: And whereas an act was passed 14 G. 2, c. 10. in the fourteenth year of the reign of king George the second, intituled An Act to explain and amend an Act made in the Third Year of the Reign of King James the First, intituled An Act for the recovering of Small Debts and for the relieving of poor Debtors in London:' And whereas an act 25 G. 3, c. 45. was passed in the twenty-fifth year of the reign of king George the third, intituled 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: And whereas an act was passed in the 39 & 40 G. 3, thirty-ninth and fortieth years of the reign of king George the third, intituled An Act to explain, amend, and render more effectual an Act passed in the Third Year of the Reign of King James the First, intituled' An Act for the recovering of Small Debts and for the relieving of poor Debtors in London,' and an Act passed in the Fourteenth Year of the Reign of his late Majesty King George the Second, to explain and amend the above-mentioned Act; and likewise for extending the Powers of the Court of Requests in the City of London in and by the said Two several Acts continued and established: And whereas it would facilitate the proceedings of the said court, and the encouragement of trade in the said city and the liberties thereof, if the provisions of the said recited acts were consolidated, and better and more extensive powers were granted for the more speedy recovery of debts of greater amount: May it therefore please your MaRecited acts, jesty that it may be enacted; and be it enacted, &c. That the said recited except 25 G. 3, acts of the first year of the reign of king James the first, the third year c. 45, repealed. of the reign of king James the first, the fourteenth year of the reign of king George the second, and the thirty-ninth and fortieth years of the reign of king George the third, and all and every the clauses, powers, provisions, matters, and things therein respectively contained, shall, from the thirtieth day of September one thousand eight hundred and thirty-five, be and the same are hereby repealed; and none of the said recited acts or parts thereof which have been repealed by other of the same acts shall be hereby revived. c. 104. Not to revive repealed acts. Recited act 25 G. 3, c. 45, repealed as to London. Acts done in pursuance of former acts to be valid. II. That the said recited act of the 25th year of the reign of king George the third, and all and every the clauses, powers, provisions, matters, and things therein contained, shall, so far only as relates to the said court of requests of the city of London and liberties thereof, and the debtors committed therefrom from the said thirtieth day of September one thousand eight hundred and thirty-five, be and the same are hereby repealed. III. Provided always nevertheless, That all acts, judgments, orders, and decrees made or to be made by the commissioners appointed by virtue of the said recited acts or any of them on or before the said thirtieth day of September one thousand eight hundred and thirty-five, 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 of them, either on or before or after the said thirtieth day of September one thou.. sand eight hundred and thirty-five, shall be valid and effectual in the same manner to all intents and purposes as if the said judgments, orders, decrees, acts, executions, distresses, imprisonments, penalties, No. III. forfeitures, and proceedings had been made, done, suffered, incurred, 5 & 6 W. 4, recovered, or executed after the said thirtieth day of September one thousand eight hundred and thirty-five in pursuance and under the authority of this act. c. 94. IV. That two aldermen of the city of London, together with not less Appointment than twenty inhabitant householders of the respective wards or districts of commisherein-after mentioned, including the common councilmen for the time sioners. being of the said respective wards or districts, shall, in such manner as hath been heretofore accustomed, be nominated and appointed to be commissioners of the court of requests in and for the city of London for the recovery of small debts in the said city and the liberties thereof, and to sit as usual in the said court for one calendar month in the rotation following; (that is to say,) And such commissioners shall from time to time hereafter continue to be nominated and appointed from each and every of the said wards or districts in the same rotation for one calendar month in every succeeding two years; and the said commissioners are hereby empowered and required to meet and to hold the said court in the room in Guildhall Buildings now used for the purposes of the said court, or in the Guildhall of the said city, or any convenient room or rooms within the city of London to be appointed for that purpose from time to time by the mayor, aldermen, and commons of the said city, in common council assembled; and the said court shall be holden at such time or times and on such day or days as the said mayor, aldermen, and commons, in common council assembled, shall from time to time direct; and the said commissioners or the major part of them who shall be present, such number present not being less than three, at their meetings to be holden as aforesaid, are hereby authorized and empowered to determine all such actions and causes as are herein-after mentioned, and to give such judgments, and make such orders and decrees therein, and to award execution thereupon, with the costs (such costs to be in the discretion of the said court as to the party by or to whom the same shall either wholly or in part be paid), against the goods and chattels or against the body or bodies of all and every the person and persons against whom they shall No. III. 5 & 6 W. 4, c. 94. Number of commissioners to be present. In default of a give any such judgment, or make any order or decree, as to them shall seem just in law or equity. V. Provided always, That on the decision of each and every action, cause, or question for the recovery of any sum not exceeding forty shillings three at least of the said commissioners shall be present in court; and on the decision of each and every action, cause, or question for the recovery of any sum exceeding forty shillings, and not exceeding five pounds, five at least of the said commissioners shall be present in court; and on the decision of each and every action, cause, or question for the recovery of any sum exceeding five pounds, seven at least of the said commissioners shall be present in court. VI. That if at any meeting of the said commissioners a sufficient sufficient num- number of them shall not be present it shall be lawful for such commisber of commissioners or commissioner as shall be then in attendance, or if there be no sioners attend- such commissioner, then for the clerk of the said court for the time ing, the assistbeing, or his assistants, to call for and use his and their best endeaance of other vours to obtain the assistance of any other commissioner or commiscommissioners sioners who is, are, or shall be duly qualified and authorized to act in not in rotation to be called for. the said court for any other month; and in every such case it shall be lawful for such assistant commissioner or commissioners to act in the execution of the powers and authorities given by this act in the same manner as if such commissioner or commissioners had been appointed for the then current month. In case sufficient number of commis attend, court may be adjourned. VII. That in case a sufficient number of the said commissioners shall not be present to act in the execution of this act, as is herein directed, on any of the days appointed or to be appointed for holding the said sioners do not court, then and in every such case it shall be lawful for any of the said commissioners who shall be present, and if no commissioner be present it shall be lawful for the said clerk or his assistants for the time being, to adjourn the said court to the next day of meeting, or to some earlier day. Qualification of VIII. That no person shall be qualified to act as a commissioner in the commissioners. execution of this act (except the said mayor, aldermen, and common council,) unless he shall at the time of acting be a householder within the jurisdiction of the said court, and possessed of property, real or personal, of the value of one thousand pounds above all charges and incumbrances whatsoever; and if any person (except as aforesaid), not being qualified as aforesaid, shall act as a commissioner in the execution of this act, or not having taken the oath herein-after mentioned, or if any commissioner shall act in any action, question, or matter in which he shall be in any manner concerned or interested, every such person shall for every such offence forfeit and pay the sum of fifty pounds, together with full costs of suit, to any person or persons who shall sue for the same, to be recovered in any of his Majesty's courts of record at Westminster by action of debt or on the case, or by bill, plaint, or information, wherein no essoign or protection shall be allowed; and in every such action, bill, plaint, or information the proof of such qualification shall lie on the defendant, and it shall be sufficient for the plaintiff or prosecutor to proof that the person so sued or prosecuted had acted as a commissioner in the execution of this act: Provided nevertheless, that all judgments, orders, decrees, acts, and proceedings of all and every person and persons acting as a commissioner or commissioners in execution of this act, though not duly qualified as aforesaid, previously to his or their being convicted of such offence, shall, notwithstanding such offence, be as valid and effectual as if such person or persons had been duly qualified according to the directions of this act. Acts of com missioners good before convic tion. Commissioners to take the following oath. IX. That no person shall be capable of acting as a commissioner in the execution of any of the powers and authorities given by this act after the thirtieth day of September one thousand eight hundred and thirtyfive (except the power hereby given of administering oaths to commissioners) until he shall have taken an oath to the following effect; (that is to say,) I 4. B. do swear, That I am possessed, for my own use and benefit, No. III. of estates or property of the clear amount or value of one thousand 5 & 6 W. 4,. pounds above all incumbrances, and that I will faithfully, impartially, c. 94. ' and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me as a commissioner of the court of requests in and for the city of London, conformably to the directions and true intent and meaning of an act passed in the year of the reign of king William the fourth, inti ́ tuled An Act [here insert the Title of this Act], and that without favour ' or affection, prejudice or malice. So help me GOD.' Which oath shall and may be administered to the said commissioners respectively by the clerk of the said court, or his assistants, before one or more of the said commissioners; and they the said commissioners shall and are hereby required (after taking the said oath) to sign or subscribe their respective names upon a roll or rolls of parchment to be provided for that purpose, with the said oath written or printed thereon; and such roll or rolls shall be carefully kept among the proceedings of the said court. X. That no commissioner of the said court shall be capable of acting Commissioners as a commissioner on the hearing or determining of any action, cause, not to act when question, or matter in which he shall be a party, or in anywise concerned interested. or interested, or in making any order, decree, or judgment thereon. XI. That no commissioner of the said court shall directly or indirectly No commisbe concerned or interested in the supplying of any articles for the use sioner to be of the said court, or in any repairs, improvements, fittings, or furni- concerned in ture of the same, or in any contract or contracts for the supplying any the supply of such articles or performing such works respectively; and that every the use of the any articles for such person shall for every such offence forfeit and pay the sum of one court. hundred pounds to any person or persons who shall sue for the same, to be recovered in any of his Majesty's courts of record at Westminster by action of debt or on the case, or by bill, suit, or information, wherein no essoin or protection shall be allowed. XII. That the said commissioners shall and they are hereby required Commissioners to make or cause to be made regular entries in a book or books to be to enter their provided by them for that purpose of all judgments, acts, orders, direc- proceedings in tions, regulations, and proceedings of them the said commissioners rela- a book. tive to the execution of the several powers and authorities vested in them by this act, in the same manner as such entries have heretofore been made; and such book and books shall be allowed to be read in evidence in proof of the proceedings of the said court in every court whatsoever. XIII. That the present clerk, assistant clerks, and other officers of Present officers the said court nominated or appointed before the passing of this act, to continue unshall hold and enjoy their several and respective offices and employments til removed. until he or they shall be removed therefrom respectively; and such clerk, assistant clerks, and other officers and servants shall be subject to the like pains and penalties and power of removal, and to the like rules and regulations, as if he and they had been nominated and appointed by virtue of this act. XIV. That it shall be lawful for the said mayor, aldermen, and com- Power to remons, in common council assembled, from time to time at their discre- move clerks, tion to remove or suspend the present or any future clerks, assistants, &c. or other inferior officers of the said court, or any of them, for misbehaviour in their respective offices, or any other cause. XV. That if it shall at any time appear necessary to the said mayor, Power to apaldermen, and commons, in common council assembled, from the in- point additional crease of the business of the said court, or for any other reason which clerks, &c. they may think sufficient, that more assistants to the clerk of the said court are wanting, it shall be lawful for the said mayor, aldermen, and commons, in common council assembled, from time to time to appoint any such additional assistants or other inferior officers who may appear to them to be necessary for better carrying into execution the purposes No. III. 5 & 6 W. 4 c. 94. Power to re- case of death, &c. Appointment of new beadles or serjeants in case of death, &c. Clerk's duties. Duty of off cers. of this act, and also from time to time to reduce the number of such assistants or other inferior officers according to the discretion of the said mayor, aldermen, and commons, in common council assembled. XVI. That it shall be lawful for the court of mayor and aldermen of the said city of London from time to time at their discretion to remove or suspend the present or any future beadles or serjeants, or any of them, for misbehaviour in their respective offices, or any other cause. XVII. That it shall be lawful for the said mayor, aldermen, and commons in common council assembled, upon the death, removal, or resignation of any clerk, assistant, or other inferior officer of the said court of requests, from time to time, when and so often as such death, resignation, or removal shall happen, to elect another person or persons in the room or stead of every such clerk, assistant, or other inferior officer so dying or resigning or removed as aforesaid. XVIII. That it shall be lawful for the said court of mayor and aldermen, upon the death, removal, or resignation of any beadle or serjeant of the said court of requests, from time to time, when and so often as such death, resignation, or removal shall happen, to elect another person or persons in the room or stead of every such beadle or serjeant so dying or resigning or removed as aforesaid. XIX. That the clerk of the said court and his assistants, and every or any of them, are and is hereby empowered and required to issue all summonses, warrants, precepts, and executions, and to register all orders, decrees, and judgments of the said court, and to do all such acts, matters, and things as are directed or required to be done by the said clerks by virtue of this act. XX. That the beadles, serjeants, or officers of the said court shall serve all summonses, and execute such orders, warrants, precepts, and executions, and do and perform all such other acts, matters, and things, as may be required to be done by them respectively by virtue of this act. What debts XXI. That it shall be lawful for the said commissioners and they are shall be decided hereby empowered and enabled to decide and determine all disputes and by the commis- differences between party and party for any sum of money not exceeding ten pounds in all actions or causes of debt, except as hereinafter is mentioned. sioners. Certain debts to which this act is not to extend. XXII. Provided always, That nothing in this act contained shall extend or be construed to extend so as to enable the said court to determine the right or title to any lands, tenements, or hereditaments, or real estates whatsoever, or to judge, determine, or decide on any debt where the title of the freehold or lease for years, not being a lease by parol, of any lands, tenements, or hereditaments, or of any chattels real whatsoever, shall be brought or come in question; or to judge, determine, or decide on any debt which shall arise by reason of the occupation of lands, tenements, or hereditaments situate elsewhere than within the jurisdiction of the said court, or for any sum being the balance of any account originally exceeding ten pounds, nor to any other debt which shall arise by reason of any cause concerning testament or matrimony, or any thing concerning or properly belonging to the ecclesiastical court, or for or concerning any agreement by way of composition by or by way of retainer of tithes, or for or by reason of any bye law, or to any debt for tolls or customs due to any corporation or company, or in anywise relating to the franchises, privileges, or chartered rights of the mayor and commonalty and citizens of the city of London, or other bodies politic or corporate, or any premium or any policy of insurance. XXIII. And for removing all doubts whether the statute of limitamay be pleaded in the said court of requests, be it further enacted and declared, That all defendants in the said court shall be allowed to plead or claim any statute of limitations now in force or hereafter to be made; and every defendant so pleading or claiming shall have and receive such and the like advantage and relief thereby as such defendant would have been entitled to in case this act had not been made, and he, she, or they had been sued for the same debt or other cause of action Statute of li- |