Page:Ruffhead - The Statutes at Large - vol 2.djvu/146

 C. 6—8. Anno primo Henrici VIII. A. D. 1509. VIII. And further, That it be lawful to any Perfon or Perfons grieved contrary to this Act, to have an Action of Debt againft every Perfon or Perfons that focuftom the Goods or Merchandifes in his Name, and not in the Owner's Name, of the Sum or the Value of the faid Merchandifes fo cuftomed and forfeited ; in which Action none Effoin nor Protection (hall lie, nor the Defendant to wage his Law. Sic farther con cerningCiftoins ■zzH. S. c. 8. I El. c. II, JcB, 6. no Man fa all enter Goods in the Cuflomer's Book but in lb. Owner's Name. CAP. VI. A Repeal of a Statute made Anno 11 H. 7. c. 3. giving Authority to Juftices of Affife and Juftices of Peace in their Seffions to hear and determine all Offences and Contempts committed againft any Statute in Force, faying Treafon, Murder, or Felony.. See 1SEI.C.5. A Rehearfal of 3 H. 7 .c.i. Touching the Fees of Coroners 4 Ed, 1, flat, 2. No Fee due to a Coroner where any Perfon is Ilain by Mifad- venture. 3 Ed. 1. c. 10. 28. Ed. 3. c. 6. Juftices, &c. may inquire of and determine the Faults of. Coroners, See CAP. VII. For Coroners. Hereas by a Statute made at Weftminfter the Third Year of King Henry the Seventh, it was enacted, That a Coroner fhall have for his Fee, upon every Inquifition taken upon the View of ' the Body flain and murdered, Thirteen Shillings, Four Pence, of the Goods and Chatties of him that ' is the Slayer or Murderer ; (2) where by the Common Law a Coroner had not, or ought not to have 4 flain, except they have for their Labour Thirteen Shillings, Four Pence, which is contrary to the Com- ' mon Law, and alfo to the Statute afore rehearfed; whereby great Inconvenience doth daily grow to the ' King's Subjects, forafmuch as oftentimes the Perfon that is To by Mifadventure flain lieth long above the e Ground unburied, to the great Noyance of the King's liege People :' (4) Wherefore the King our So- vereign Lord, by the Affents of the Lords Spiritual and Temporal, and the Commons, in this prefent Par-- liament affembled, and by Authority of the fame, ordaineth, That upon a Requefl made to. a Coroner to come and inquire upon the View of any Perfon flain, drowned, or otherwife dead by Mifadventure,. the faid Coroner diligently fhall do his Office, upon the View of the Body of every fuch Perfon or Perfons, without taking any Thing therefore, (5) upon Pain to every Coroner that will not endeavour himfelf to do his Office, as afore is faid, or that he taketh any Thing for doing of his Office upon any Perfon dead by Mifadventure, for every Time Forty Shillings. II. And that the Juftices of Affifes, and Juftices of Peace within the County where any fuch Default of the Coroners be, have Authority and Power to inquire thereof, and determine the fame, as well by Exami» nation as by Prefentment. 1& z P. & M, c, 1 3. fefs, 5. and 2^ Geo, 2. c. 29. for farther Regulations reffeeling Coroners, CAP. VIII. The Act of Efcheators and Commiffioners. The Caufe of making this Act 9 H. 3. flat. I. t. 4. 28 Ed. 1 flat. 3. c. 18. 14 Ed. 3. flat. I f. 13. No Office fhall be returned in ' ][?O rauTlucn as divers of the King's Subjects lately have been fore hurt, troubled, and fome disherited ' Jj by Efcheators and Commiffioners, cauiing untrue Offices to be found, and fometime returning into ' the Courts of Record Offices and Inquifrtions that were never found, and fometime changing the Matter ' jects, that like before Time hath not been feen in this Realm :' (2) Wherefore be it ordained, eftablifhed, and enacted in this prefent Parliament, and by Authority of the fame, That if any Efcheator or Commif- fioner hereafter return or put into any of the King's Courts any Inquifitions or Offices concerning Lands, of "the" Tenements, or other Hereditaments, not found nor prefented by the Oaths of Twelve Men, and indented, King's Courts, and by them fealed, that then the fame Efcheator or Commiffioner forfeit for every fuch Office or Inquifi- but which is tion fo returned, and put into any of the faid Courts, an C. li. to the Party or Parties grieved by any fuch found by a Jury. Inquifition or Office: (3) And that from henceforth no Efcheator, ne no Man lit by Virtue of any Com- Ef jSitoror" 1 m 'ff 1011 ' t0 ' n q u > re °f Lands, Tenements, or other Hereditaments, except he, or other to his Ufe, have Commiffioner Lands, Tenements, or Hereditaments, of the yearly Value of xl. Marks, above all Charges -and Reprifes, moll have. upon Pain of xx. li. (4) And that it fhall be lawful for all Perfons that be not Sufficient of Freehold in . Poffeffion or Ufe at the Time of any fuch Commiffion to them delivered, to refufe to fit and inquire by- Virtue of the fame Commiffion. II. And that they, upon Procefs made againft them out of the King's Exchequer by Virtue of the fame Commiffions, to be difcharged upon their Oaths for their faid Nonfufficiency, without Fine or Fee. The Efcheator III. And that every Efcheator and Commiffioner fhall fit in convenient and open Places, according ta fhall fit in an the Statutes heretofore made : (2) And that the faid Efchators and Commiffioners fhall fuffer every Perfon open Place, and t0 gj ve Evidence openly in their Prefence, to fuch Inqueft as fhall be taken before any of them upon Pain fuffer every Per- f £ £ fon to give Evi- • dence. 34 Ed. 3. c. 13. 36 Ed. 3. c. 13. 23 H. 6, c. 17, 3 F7.
 * any Thing for their Office doing, as by the fame Statute more plainly doth appear: (3) Sith which
 * Statute fo made, the Coroners have ufed, that if any Perfon hath happened to be flain by Mifadventure,
 * and not by no Man's Hand, that they will not inquire upon the View of the Body fo by Mifadventure
 * of the Offices that were truly found, to the great Hurt, Trouble, and Difherifon of the King's true Sub-