and choose clerks, and beadles.

Commiffion

On the death,

missioners to elect others.

faid, shall and may meet at the said court-house, or some other convenient place in the said Tower Hamlets, on Tuesday the first day of May, in the year one thousand seven hundred and fifty, or within one month afterwards, in the forenoon of the fame day; and then and there the faid commissioners, or the greater number of them then present, shall and may, and they are hereby impowered and required by ballot to choose clerks of the faid court, not exceeding four, nor less than two; and also beadles of the fame court, not exceeding four; who shall continue clerks and beadles of the said court, during so long time as they shall behave themselves well in their respective offices.

XIII. Provided always, That no commissioner shall be capers disqualifi- able of holding the office of clerk, or any other place of profit ed from being belonging to the said court. clerks, &c. XIV. And be it further enacted by the authority aforesaid, or refignation That it shall and may be lawful for the said commissioners in of any of the court, or the major part of them then present, on the next clerks or bea- court day after the death or refignation of the said clerks or dles, the com- beadles, or any or either of them, or so soon after as the same is publickly known; and they are hereby required to cause the whole number of commiffioners to be summoned, who next before fuch death or refignation were nominated and returned as aforesaid (by giving them four days notice at least) to meet at the place aforesaid, within twenty days next after their being fummoned as aforesaid; and such commissioners at such meeting are hereby authorized, impowered, and required by ballot to choose another person or persons, in the room of such clerks and beadles, or any or either of them, so dying or resigning as aforesaid, for the uses and purposes in this act contained; and so, from time to time, upon every such vacancy of the faid office of clerk or beadle, for ever.

Commissioners to be fworn.

The oath.

XV. And be it further enacted by the authority aforesaid, That no person or persons shall be capable of acting as a commissioner or commissioners in the execution of the powers given by this act, until such time as he and they shall respectively have taken an oath to the effect following;

Α. Β. do fwear, That I will faithfully, impartially, and honestly, the best of my judgement, hear and determine fuch matters and things as shall be brought before me, by virtue of an act of parliament (intituled, An act for the more easy and speedy recovery of small debts within the Tower Hamlets) without favour or affection to either party; and that I am now feifed of lands, tenements, or hereditaments, of the value of twenty pounds per annum, clear of all incumbrances, or that I am poffefsed of a personal estate of the value of five hundred pounds, clear of all incumbrances whatJoever.

Which oath three of the persons to be assigned, nominated, and appointed commissioners as aforesaid, are hereby impowered to administer, or cause to be administered, and a memorial thereof shall be entered in the register of the said court.

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XVI. And

XVI. And be it further enacted by the authority aforesaid, The fees of That the several fees and fums of money hereafter limited and the clerks and expressed, and no more or greater fees shall and may be taken for the respective services of the clerks and beadles; that is to fay,

For every fummons, to the clerks, three pence; to the beadles, two pence.

For every hearing, to the clerks, three pence.

For calling the defendant before the court, when he or she refuse to appear, to the clerks, two pence; to the beadles, one penny.

For an attachment against the defendant for not appearing to the fummons, to the clerks, fix pence; to the beadles, one shilling.

For an execution, to the clerks, eight pence; to the beadles, one shilling.

For paying money into court, to the clerks, fix pence.

For acknowledging fatisfaction in full, to the clerks, four pence.

For acknowledging fatisfaction in part, to the clerks, two

pence.

For searching the books, to the clerks, two pence.

For a nonsuit on the plaintiff's not appearing, to the clerks, two pence.

beadles.

if the ex

XVII. Provided always, That a yearly account shall be given An account upon oath, by the faid several clerks and beadles, before the faid upon oath, of commiffioners, fitting in court, or any three of them, of the a- the fees, to be mount of the fees by them severally received; and that if the given yearly, fees hereby appointed to be taken for the services of the clerks, ceed 2001. to shall, in any one year, exceed two hundred pounds to each each clerk, or clerk, clear of all charges; and the fees for the services of the 6ol. to each beadle, the beadles, exceed fixty pounds to each beadle, clear of all charges, furplus to be it shall and may be lawful for the commissioners at a general divided, meeting to be held and summoned for that purpose, to order the furplus to be divided between the clerks and beadles in proportion to their respective sums of two hundred pounds, and fixty pounds per annum, and to order for the future that the faid fees be reduced, so as to bring in, as near as may be, the faid re- duced, &c. spective fums of two hundred pounds a year to each of the clerks, and the said respective sums of fixty pounds a year to each of the beadles; and if at any time after such reduction, the business of the faid court shall decline, so as not to produce the faid feveral fums of two hundred pounds a year to each clerk, and the said several sums of fixty pounds a year to each beadle, it shall be lawful for the faid commiffioners at a general meeting as aforesaid, to reduce the number of clerks, or increase the fees again, so as they do not at any time exceed the prefent fettled fees.

or the fees re

XVIII. And be it enacted by the authority aforesaid, That a Table of the

fees to be hung up.

table of the aforesaid fees shall be hung up by the clerks of the faid court, or one of them, in some publick and confpicuous cuous part of the faid court-house, or other place where the faid commissioners shall meet for the purposes aforesaid, to the end that all persons concerned may at all times fee and read over the same; Penalty of tak- and if the faid clerks or beadles, or either of them, for the time ing greater being, shall take or demand any greater or other fees than as afees, &c. bove-mentioned, or thall otherwise misbehave himself or themselves in the execution of his or their office, then he or they for every fuch offence shall forfeit and pay such fine, not exceeding the sum of twenty pounds, as the said commiffioners, or any three of them shall assess, to be applied to the use of the fick, in the London infirmary.

Proceeding XIX. And be it further enacted by the authority aforesaid, against clerks, That upon complaint made by any person or persons, of the &c. where the misbehaviour or breach of duty of the clerks or beadles, or any offence deserves a greator either of them, to be appointed by virtue of this act, or of er punishany clerk or clerks, beadle or beadles, in taking or demanding ment. any greater or other fees than as above-mentioned; and if it shall appear to the said commissioners, or the major part of them then present, that such complaint deserves a greater punishment, then such commissioners so fitting in court are hereby directed and required to cause the whole number of commiftoners to be summoned to meet as foon as conveniently may be, by notice in writing to be given to all the said commissioners respectively by the beadles aforesaid, or any other person or persons the commissioners shall direct, at least four days before the holding of such meeting; and the faid commissioners so summoned, and then present, being not less than fixty, shall and may examine into the merits of such complaint; and if it shall then appear to the said commissioners, or the major part of them, that such clerks or beadles, or any or either of them, have or hath been guilty of misbehaviour or breach of duty as aforesaid, in hit or their office, or in taking any greater or other fees than abovementioned, that then it shall and may be lawful to and for the said commiffioners, or the major part of them, to suspend or remove such clerks and beadles, or any or either of them, from his or their faid office, and to call another general meeting of the whole commissioners, by giving two days notice at least, in writing, as aforesaid, and within eight days next after the removal of fuch clerks or beadles, or any or either of them; at which meeting all the commiffioners, or the greater part of them, shall and may choose by ballot a clerk or clerks, beadle or beadles of the faid court, in the room of fuch clerk or clerks, beadle or beadles so removed as aforesaid.

Certain debts excepted.

XX. Provided always, That this act, or any thing herein contained, shall not extend to any debt for any rent upon any lease of lands or tenements, or any other real contract, nor to any other debt that shall arife by reason of any cause concerning teftament or matrimony, or any thing concerning or properly

belonging to the ecclesiasticial court, albeit the same shall be un

der

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der forty shillings; any thing herein before contained to the contrary notwithstanding.

XXI. And be it further enacted by the authority aforesaid, No fuit for That no action or fuit for any debt not amounting to the sum debts recoverof forty shillings, and recoverable by virtue of this act in the able by this faid court of requests, shall be brought against any person refid- act, to be in ing or inhabiting within the jurisdiction thereof, in any other any other

court whatsoever.

court.

XXII. And whereas the four council of the ancient court of the Marshalsea, and of the court of his Majesty's palace of Westminster, who hold their office for the terms of their natural lives respectively, and who have been made chargeable by parliament, and actually affeffed to the land tax for their freeholds in their faid offices, will fustain great loss by this present act, unless a compenfation shall be made to them for the fame; be it therefore enacted by the authority aforesaid, 30l. per ann. That the clerks of the faid court of requests for the time being to be paid shall, and they are hereby required out of the fees limited or to yearly to each be limited to the said clerks by virtue

or

of the four

of this present act, to pay of the

of the

cause to be paid unto John Lawson, Lomax Martyn, George Marshalfea. Weller, and John Le Gross Spelman, esquires, the present council of the said ancient court of the Marshalsea, and the court of his Majesty's palace of Westminster, as a compensation for the loss they will sustain in their faid offices by this present act, for and during the terms of their respective natural lives, the yearly fum of thirty pounds a piece, of lawful money of Great Britain, (free and clear of and from all charges and deductions whatsoever) to be paid to them severally and respectively, yearly and every year, at or upon the several feast days following; that is to say, the feast of Saint Michael the Archangel; the feast of the nativity of our Lord Christ; the feast of the annunciation of the Blessed Virgin Mary; and the feast of the nativity of Saint John the Baptist, by even and equal portions; the first payment thereof to begin and to be made at or upon the feast day of Saint Michael the Archangel, in the year of our Lord one thousand seven hundred and fifty.

XXIII. Provided always, That nothing in this act contained This act not shall extend, or be construed to extend, to restrain the ancient to extend to of court of record, held for and within the liberty of the Tower of the precinc London, from holding plea of any personal action, the cause of within, &c, which shall arise within the precinct of the fortress of the faid Tower commonly called The precinct of the Tower within, orfrom holding plea of any personal action (other than actions for debts not amounting to the value of forty shillings, the cause of which shall arise in any part of the liberty of the faid Tower, out of the said precinct of the Tower within) or to take away or abridge any jurifdiction, authority, privilege, immunity, or exemption, which the chief governor of the said Tower, or his deputy or deputies, or any officers or ministers, or inhabitants within the faid liberty, enjoys or enjoy, or ought to enjoy by virtue of any law, usage, custom, prescription, grant, charter, or commiffion; any thing in this act to the contrary thereof in any wife notwithstanding.

XXIV. And

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i

Limitation of actions.

XXIV. And be it enacted by the authority aforesaid, That if any action or fuit shall be brought or commenced against any perfon or persons for any matter or thing done or to be done in pursuance of this act, then and in such case such action or fuit shall be brought or commenced within three calendar months next after the fact committed, and not afterwards, and the defendant or defendants in such action or fuit to be brought shall

General issue. and may plead the general issue, and give this act, and the special matter in evidence, at any trial to be had thereupon; and if the plaintiff or plaintiffs shall become nonsuited, or discontinue his, her, or their action or actions, fuit or suits; or if upon verdict or demurrer, judgement shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may

111

Treble costs. recover treble costs, and have such remedy for the fame, as any defendant or defendants hath or have in any other cafes by law.

Publick act.

Africa.

XXV. And be it further enacted by the authority aforesaid, That this act shall be deemed, adjudged, and taken to be a publick act, and be judicially taken notice of as such by all judges, justices, and all other persons whatsoever, without specially pleading the same.

CA P. XXXI.

An alt for extending and improving the trade to Africa. W HEREAS the trade to and from Africa is very advantageous to Great Britain, and neceffary for the fupplying the plantations and colonies thereunto belonging with a fufficient number of negroes, at reasonable rates; and for that purpose the faid trade ought to be free and open to all his Majesty's Jubjetts, therefore be it enacted, and it is hereby 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

Free trade to ment assembled, and by the authority of the same, That it shall and may be lawful for all his Majesty's subjects to trade and traffick to and from any port or place in Africa, between the port of Sallee in South Barbary, and the Cape of Good Hope, when, and at such times, and in fuch manner, and in or with such quantity of goods, wares, or merchandizes, as he or they shall think fit, without any restraint whatsoever, save as is herein after expressed.

Traders in

II. And be it enacted by the authority aforesaid, That all his corporated, Majesty's subjects, who shall trade to or from any of the ports or places of Africa, between Cape Blanco, and the Cape of Good Hope, shall for ever hereafter be a body corporate and politick, in name, and in deed, by the name of The Company of Merchants Their name, trading to Africa; and by the fame name shall have perpetual fuccession, and shall have a common feal; and by that name shall and may fue, and may be sued, and do any other act, matter and thing, which any other body corporate or politick, as such, can or may lawfully do.

III, And