AN ACT For the more EASY AND Speedy Securing AND RECOVERY OF SMALL DEBTS DVBLIN Printed by Andrew Crook Printer to the King 's Most Excellent Majesty on Cork-Hill near Copper-Alley MDCXCVII An ACT for the more Easie and Speedy Securing and Recovery of Small Debts CHAP. LX. VVHEREAS nothing would conduce more to the Advancement of Trade Commerce and Industry in this Kingdom then that an Easie and Summary way for the Recovery and Securing of Small Debts might be found whereby an Vniversal Credit might be Established among the Trading people of this Realm without the necessity of Tedious and Costly Sutes of Law 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 Parliament Assembled and by Authority of the same That in every County and every County of a City and County of a Town in this Kingdom of Ireland some person before the First Day of February in this present year of Our Lord One thousand Six hundred Ninety seaven be appointed by His Majesty or by the Lord Lieutenant Lord Deputy Lord Iustice or Lords Iustices or other Chief Governour or Governours of this Kingdom for the time being to be Register in each County or County of a City or County of a Town which said person so Appointed shall be a Resident or Inhabitant for the most part in such County respectively wherein he shall be as herein-after Employed and shall enter into Recognizance of Five hundred pounds Sterling before some one of the Iudges of either Bench or Barons of His Majesty's Court of Exchequer or before the Iustices of the Peace at the next Quarter Sessions to be holden for the said County for the due Execution of his Office Which said Recognizance shall be Filed of Record in His Majesty's Court of Exchequer in this Kingdom some time before the last Day of the Ensuing Term after such Recognizance shall be acknowledged And that every such Register of any such County as aforesaid shall and may by the Authority of this Act have Power to Appoint One or more Deputy or Deputies to Officiate under him in such County respectively And be it further Enacted by the Authority aforesaid That every such Register and Deputy or Deputies before he or they shall take upon him or them respectively the Execution of the said Office shall take the following Oath before some One or more of the Iustices of the Peace of the said County or County of a City or County of a Town or before the Chief Magistrate of such Town or Corporation or his Deputy where such Register shall keép his Office viz. I A. B. do Swear that I will according to the best of my Skill and Cunning duly and faithfully execute the Office of Register or Deputy Register in this County according to an Act of Parliament Intituled An Act for the more Easy and Speédy Securing and Recovery of Small Debts and that I will not Directly nor Indirectly demand take or receive any manner of Fee Reward or Gratuity by reason or Colour of my Office other then such Fees as are allowed by the said Act. So help me God And shall then likewise take the Oaths and Subscribe the Declaration mentioned and contained in an Act of Parliament made in England in the Third Year of the Reign of His present Majesty and the late Queén Mary Intituled An Act for the Abrogating the Oath of Supremacy in Ireland and Appointing other Oaths Which said Oath of Office and other Oaths and Declaration the said Iustice or Iustices of the Peace or other Chief Magistrate of such Town or Corporation or his Deputy are hereby Authorized Impowered and Required to Administer And further that every such Register Deputy or Deputies aforesaid upon the Pain Penalty and Forfeiture of his or their respective Office or Offices shall take the aforesaid Oath of Office and the aforesaid Oaths and Subscribe the Declaration at the next Quarter-Sessions or the next Assizes to be holden for the said County or County of a City or County of a Town which shall first happen in Open Court betweén the Hours of Nine and Twelve in the Morning which said Oaths respectively and Declaration the said Iudges of Assize or Iustices of the Peace at their respective Sessions are hereby Authorized Impowered and Required to Administer And be it further Enacted by the Authority aforesaid That from and after the said First day of February next every person and persons having any Bond or Bill under Hand and Seal for any Summ or Summs of Money not exceéding Ten pounds principal Money which said Bond or Bill being acknowledged before any person who is a Iustice of the Peace in this Kingdom or before the Chief Magistrate of any Town Corporate and such Iustice of the Peace or Chief Magistrate or his Deputy Certifying such Acknowledgment which acknowledgment every Iustice of the Peace of this Kingdom and every Chief Magistrate of any Town Corporate or his Deputy are by the Authority of this Act Impowered and Required to take and Certificate under their respective Hands and Seals to make and deliver to the party and parties interested in such Bond or Bonds Bill or Bills which Certificate and Bond or Bill being brought to the Register or his Deputy of such County County of a City or County of a Town wherein such person is a Iustice of the Peace or Chief Magistrate of a Town Corporate or his Deputy such Register or his Deputy or Deputies or one of them shall in a Book to be Kept for that purpose make an Entry of the said Bond or Bill and Acknowledgment at large as also the Receipts and Transfers thereon endorsed if any be and from and after such Entry the person or persons who perfected the same his and their Goods and Chattles personal shall be thereby bound and Liable to the said Debt and Interest from the day of Payment in like manner as if the same had beén a Iudgment at Law And to the end there may be no Mistakes or Controversies for or concerning the said Bonds or Bills in relation to the Wording thereof Be it further Enacted by the Authority aforesaid That all such Bonds or Bills as shall be Registered in pursuance of this Act shall be Printed and Stamped with His Majesty's Arms and be in the Form following That is to say KNOW all men by these presents that _____ of _____ in the County of _____ do Acknowledge my self to stand justly Indebted unto _____ of _____ in the County of _____ in the Full and Just Summ of _____ pounds Sterling to be paid to the said _____ His Executors Administrators or Assigns at or before the _____ day of _____ to the which payment I Bind my self my Heirs Executors and Administrators and in default of Payment thereof I do consent that Execution shall Issue against my
exceéding Ten pounds the same to be Levyed within Thirty days after such Fine Imposed by Warrant of the said Court respectively where the said complaint shall be made upon the Goods of the person so Offending and Convict as aforesaid without further Appeal or Sute in Law or Equity Provided always That in Case the person so Offending shall within the said Thirty days make Satisfaction to the party or parties grieved and shall procure his or their Certificate under his or their Hands and Seals to that Effect and Purpose to the Clerk of the Crown or Clerk of the Peace respectively Directed who is to Issue such Warrant as aforesaid that then and in such Case the said Clerk of the Crown or Clerk of the Peace respectively Directed who is to Issue such Warrant as aforesaid that then and in such Case the said Clerk of the Crown or Clerk of the Peace respectively are hereby required to make stay of such Warrants till the next Assizes or next Quarter-Sessions respectively at which time it shall and may be lawful to and for the Iudge or Iudges of Assize or Iustices of the Peace or major part of them upon application to them respectively at their General Assizes or General Quarter-Sessions in open Court the party or parties injured being first satisfied as aforesaid to reduce such Fine or Fines according to his or their respective Discretion or Discretions And be it further Enacted by the Authority aforesaid That in Case any person or persons as aforesaid Taken in Execution by any such Warrant of Execution in pursuance of this Act shall Dye in Execution the Debt shall not be Discharged thereby but be lyable to be Levied and Raised in manner as aforesaid by Warrant of Execution upon his or their Goods and Chattles personal wherever they may be found in this Kingdom And to the end Exaction or Extortion of Feés for or concerning the Execution of this Act may be prevented Be it further Enacted by the Authority aforesaid That the Register's Feés for Entring the said Bond or Bill and Certifying the same shall be Six pence and no more And for Issuing a Warrant of Execution One shilling and no more And for Entring of a Discharge of the said Bond or Bill Threé pence and no more And for Entring each Transfer if desired Two pence and no more And that the Feés of the said Sheriff Coroner Bailiff Seneschal Steward or High-Constable for the taking of the said Obligor or for taking of his Goods and Chattles on the said Warrant of Execution shall be One Shilling and no more and to the Appraiser or Appraisers of such Goods and Chattles personal Six pence in the pound and no more And to such Officer or Officers to whom the Custody of the said person in Execution shall be Committed Six pence in the pound and no more And be it further Enacted by the Authority aforesaid That in Case any person or persons shall corruptly take or make any False Oath or Suborn or Procure any person or persons corruptly to make such False Oath for any matter or thing relating to this Act such person or persons corruptly making such False Oath or procuring such False Oath corruptly to be made being thereof Lawfully Convict shall for every such Offence Incur and Suffer such and the like pains and penalties as are mentioned and prescribed to be inflicted on persons Offending in Cases of Perjury and Subornation by one Act made in this Kingdom in the Eighteénth year of the Reign of the late Queén Elizabeth of ever Glorious Memory Intituled An Act concerning willful Perjury And for preventing of the Abuses or Irregular Proceédings which may be otherwise committed or done by Registers or their Deputies in the Execution of this Act. Be it Enacted by the Authority aforesaid That every Register or his Deputy or Deputies of any County or County of a City or County of a Town within this Kingdom shall and are hereby required to deliver to the Clerk of the Peace at every Quarter-Sessions and to the Iustice of the Peace who is Chairman at such Quarter-Sessions and to each of them a Book fairly drawn and Signed by such Register or his Deputy which shall be a true Copy of all Entries made since the former Sessions in which Books the said Clerk of the Peace and Iustice of the Peace shall enter respectively such Rules Orders and Proceédings as shall be made at that Quarter-Sessions and in open Court shall cause the said Register to read over his Book comparing it with the said Clerk of the Peace's Book and the said Iustices Book and making them all to agreé which being done the said Iustice of the Peace Register or his Deputy and the Clerk of the Peace shall all of them in open Court in the presence of the Iustices composing the said Court Sign their respective Names in each Book and then the said Iustices of the Peace shall keép one of them the Register another and the Clerk of the Peace the third which said Books or two of them at least shall be from Session to Session brought into Court by the respective persons aforesaid FINIS
Body Goods and Chattles personal Witness my Hand and Seal this _____ day of _____ And in Case that there be Two or more persons bound in the said Bond the said Printed Bond shall be Printed and made so as to comprehended them and to Bind them Ioyntly and severally And to the end Forged and Counterfeit Bonds or Bills may be prevented and the Subjects of this Land sufficiently provided with the said Bonds or Bills so Printed and Stamped at Easy and Moderate Rates Be it Enacted by the Authority aforesaid That every Register of any County or County of a City or County of a Town shall provide in every Market-Town within their respective Limits and Precincts a sufficient quantity of such Blank Bonds or Bills for Sale Stamped with the King's Arms and the name of the County whereof such person shall be Register And that no person or persons whatsoever shall Expose to Sale in any such Market-Town as aforesaid any Stamped Printed Bonds or Bills other then such as shall be Stamped by the said Register or his Deputy or Deputies upon the penalty of Forfeiting Ten pounds for each Offence to such Register to be Recovered by such Register thereby Injured by Action of Debt Bill Plaint or Information wherein no Essoin shall be Allowed or more then one Imparlance Provided always And be it further Enacted and Declared by the Authority aforesaid That no person or persons shall be oblidged to pay more then one penny for each of such Bonds or Bills And be it further Enacted by the Authority aforesaid That the Words used by the party or parties Transferring of the said Bonds or Bills shall be these or to the like Effect following That is to say I A. B. do Transfer this Bill to C. D. as Witness my Hand this _____ day of _____ Anno Domini _____ And in Case there be Two or more Obligeés then the said Transferrer shall be in their Names with proper Words to the Effect and Purport aforesaid Mutatis Mutandis And be it further Enacted by the Authority aforesaid That if any person or persons stand Indebted by such Bond or Bill Acknowledged and Entred as aforesaid and shall refuse to pay such Debt or Debts at the time the same shall become Due and Payable Or at any time afterwards such Creditor or Creditors making Oath that the Money Due thereon hath beén Demanded and the Bond or Bill Tendred to the party or parties Indebted his or their Executors or Administrators at his or their place or places of Aboad or Residence the said Oath to be made before the Iustices of the Peace at the Quarter Sessions to be holden for the County County of a City or County of a Town where the said Bond or Bill is Entred in open Court between the Hours of Nine and Twelve in the Morning Which Oath the said Iustices of the Peace are hereby Impowered and Required to Administer and which Oath the said Register or his Deputy are Required to Receive and Enter then the said Register or his Deputy at the same Quarter-Sessions of the Peace or at any other Quarter-Sessions to be holden for the said County at any time within One Year after the said Money shall become due and payable upon the Delivery to him the said Register or his Deputy of the said Bond or Bill shall Issue a Warrant of Execution under his Hand and Seal of Office Directed to all and every the High-Sheriffs Coroners Bailiffs Seneschals Stewards and High-Constables of this Kingdom against the person or persons his or their Executors or Administrators Owing the said Money or his and their Goods and Chattles personal for the Recovery and Levying of the said Money together with the Interest which shall then be Due as also the Costs and Feés for Entring of the said Bond or Bill and for the Warrant of Execution and other Feés according to the Directions and Limitations herein-after mentioned and expressed And to the end all Disputes and Controversies for and concerning the Payment and Discharge of such Debt or Debts for or on Account of such Bonds or Bills may be prevented Be it further Enacted by the Authority aforesaid That no Payment or Payments shall be Esteémed Valid for or on Account of such Bonds or Bills unless the same be Entred on the back of the said Bond or Bill by the party or parties Interested therein at the time of Entring of such Payment or Payments And be it further Enacted by the Authority aforesaid That the Sheriffs Coroners Bailiffs Seneschals Stewards and High-Constables who shall have the Execution of the said Warrants in their respective Counties County of a City or County of a Town Precincts and Liberties shall have full Power and Authority upon the Delivery of such Warrant or Warrants to them respectively and are accordingly hereby required to Arrest and take the Body or Bodies of the Person or Persons against whom the said Warrants of Execution shall Issue if so be the Party or Parties Plantiff or Plantiffs his or their Servant or Agent shall desire the same And in Case any Person or Persons at such desire shall be so Arrested or Taken by any of the aforesaid Officers appointed by this Act who have not the Custody or Keéping of Prisoners upon Execution out of His Majesty's Four Courts that then the Person or Persons so taken shall be Delivered to the Plantiff or his Servant or Agent to be carryed and conveyed to the Sheriff or other Officer having the Custody of the Goal of the said County where the said Person or Persons shall be so Taken at the Charge and Peril of the said Plantiff Who is hereby required to Receive and Keép him or them in safe Custody Which said Sheriff or other Officer having the Custody of the said Goal shall be chargable with the said Debtor or Debtors in like manner as if such Debtor or Debtors had beén taken upon a Capias ad Satisfaciendum upon a Iudgment at Common Law And be it further Enacted by the Authority aforesaid That the said several Sheriffs Coroners Bailiffs Seneschals Stewards and High-Constables in their respective Limits and Precincts shall by the Authority of this Act have full Power and Authority upon such Warrant of Execution against any person or persons Goods at the desire of the party or parties Plantiff or Plantiffs his or their Agent or Servant to Seize and take the said person or persons Goods and Chattles personal in Execution and the same to Appraise by the Appraisers of the Parish or Barony where the same shall be so taken or Seized and shall give the Debtor or Debtors if so be he or they may be found the First Refusal of the said Goods and Chattles personal at the Appraised Rate which if the said Debtor or Debtors shall refuse or neglect to pay within Ten days after such Appraisement then the said Goods and Chattles personal shall be sold and delivered to the Plantiff his Servant or Agent he or
they paying according to the Appraised Values to the party or parties Interested whatsoever Summ or Summs of Money the same shall amount unto over and above the said Principal Debt Interest and Costs according to the true intent and meaning of this Act and for which the said Warrant of Execution shall be a sufficient Authority to the said Sheriff Coroner Bailiff Seneschal Steward and High-Constable and to every or any of them and that the said Sheriff Coroner Bailiff Seneschal Steward or High-Constable shall make return thereon in what manner the said Warrant was Executed to the Register of the County or his Deputy or Deputies from whence the said Warrant of Execution Issue at or before the next Quarter-Sessions of the Peace to be holden for the said County after such Execution Executed which Warrant of Execution with the Return thereof shall be read in the open Court and there Filed and kept by the said Register or his Deputy and in case the Sheriff or any other Officer as aforesaid appointed by this Act shall on any such Warrant of Execution take any person or persons or his or their Goods or Chattles personal in pursuance or by Colour of this Act and shall refuse or neglect to execute or make return of such Warrant of Execution in reasonable time after the delivery thereof and according to the Direction of this Act upon reasonable demand made by the Plantiff or Plantiffs his or their Servant or Agent that then such Sheriff or other Officer as aforesaid refusing or neglecting so to do shall be lyable to an Action on the Case at the Sute of the said Plantiff or Plantiffs his or their Executors or Administrators in like manner as if the same had beén an Execution Executed on any Iudgment at Law either upon the Body or Goods and shall pay Treble Costs in case Iudgment shall pass for such Plantiff or Plantiffs his or their Executors or Administrators Provided always and be it further Enacted and Declared by the Authority aforesaid That all and every person or persons Plantiff or Plantiffs in every such Warrant of Execution shall from time to time and at all times before such Execution made and Executed be at full Power and Liberty to make his Election or Choice whether he will have the Body or Bodies or Goods personal taken in Execution of the party or parties Defendant on such Warrant of Execution as aforesaid And that the said Sheriff Coroner Baliff Seneschal Steward and High-Constable and every of them shall pursue the Direction of the Plantiff or Plantiffs his or their Servant or Agent therein and in Case the Plantiff or Plantiffs his or their Servant or Agent shall procure the said Defendants Body to be taken in Execution then no further Execution on the Defendants Goods shall be during the continuance of the said Defendants Imprisonment or in Case the Plantiff or Plantiffs his or their Servant or Agent shall procure such Defendants Goods and Chattles personal to be taken in Execution which on Appraisment shall appear to be sufficient to answer the said Complainants Debt Principal Interest and the Costs herein-after allowed that then no Execution shall be made on the said Defendants person any thing herein contained to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That it shall and may be Lawful to and for such person or persons to whom any Money shall be Due or Owing by such Bond or Bill upon the back of such Bond or Bill in manner as is aforesaid directed to Transfer or Assign the Money so Due and Owing together with the Interest then accrued or to accrue and the Costs paid in pursuance or according to the Direction of this Act to any other person or persons whatsoever and the same so Assigned or Transferred such Assignee or Assignes his or their Executors or Administrators shall have the Entire and sole Right Interest and Property in the said Bond or Bill together with the Money Principal Interest and Costs due thereon Exclusively of any Right Property or Interest of any other person or persons his or their Executors or Administrators to whom the same was formerly Entred into or Transferred or Assigned and that no Release or Discharge of any such former Proprietor after such Assignment or Transferring as aforesaid shall any way operate to the Prejudice or Damage of the party or parties to whom the same shall be as aforesaid Assigned or Transferred but that the Assigneé or Transfereé Assignes or Transferreés his or their Executors Administrators or Assignes who have or hath the Right or Interest in the said Bond or Bill shall have the Warrant of Execution in his or their own Name or Names in as large ample and beneficial manner as if the said Bond or Bill had beén at first made to him or them any Law or Custom to the contrary notwithstanding Provided always That the Transferring or Assigning of such Bond or Bill shall not any way Extend or be Construed to Extend to oblidge the person or persons or Goods and Chattles of the party or parties so Transferring any thing in this Act or any other Custom or Law to the contrary hereof in any-wise notwithstanding And be it further Enacted by the Authority aforesaid That in case any person or persons shall presume to Forge or Counterfeit any Iustice of the Peace's Hand or Seal to any such Bond or Bill or the Hand and Seal of Office of any such Register or his Deputy or Deputies to any such Warrant of Execution or to any Indorsments by such Register or his Deputy or Deputies made Certifying that such Bond or Bill was Registred according to or in Pursuance of this Act such person or persons so Offending and thereof duly Convict shall suffer such Pains Penalties and Forfeitures as a Felon without Benefit of Clergy And for the better preventing of all Partial and Vnfair Practizes by any Sheriff Coroner Bailiff Seneschal Steward or High-Constable in the Execution of this Act or any part thereof Be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Iustices of Assize in their several Circuits and Ridings at their General Assizes and to and for the Iustices of the Peace at their General Quarter-Sessions in their respective Counties where such Partial or Vnfair Practices shall be by them or any of them committed or done and they are respectively hereby required upon complaint thereof to cause the party or parties Offending as aforesaid to be thereof Indicted and in ease the party Offending shall not submit he shall be with all reasonable speéd Tried and if Verdict shall pass against him or in case he shall submit that then the Iudge or Iudges of Assize or Iustices of the Peace or Major part of them shall and may by the Authority of this Act and are hereby required to lay such Fine as to them respectively shall seém meét and reasonable not