Page:Ruffhead - The Statutes at Large - vol 2.djvu/204

 i66 C. j. Anno vicefimo tertio Henrici VIII. A. D. 1531. ments, or Hereditaments, in Ufe, PofTefTion, Reverfion, or Remainder, their Heirs and Feoffees, and every' of them, and not to be in any wife reformed, unlels it be by Authority of Parliament hereafter to be fum- moned and holden within this Realm. TheCommiffi- IX. And alfo it is provided by Authority aforefaid, That the fame Laws, Ordinances, and Decrees to be oners Decree made and ordained by the faid Commiffioners, or Six of them, by Authority of the faid Commiffion, {hall K' U '? ' nd d kind as we '^ the Lands, Tenements, and Hereditaments of the King our Sovereign Lord, as all and every Mens Lands': other Perfon and Perfons, and their Heirs, for fuch their Intereft as they fhall fortune to have, or may 3 Ed. 6. c 8. have, in any Lands, Tenements, or Hereditaments, or other cafual Profit, Advantage, or Commodity what- foever they be, whereunto the faid Laws, Ordinances, and Decrees fhall in any wife extend, according to the true Purport, Meaning, and Intent of the fame Laws. No Man may fit X. And it is furthermore" by the Authority aforefaid, eftablifhed and enacted, That if any Manner of being unfworn. Perfon or Perfons, of what Eftate 'or Degree foever he or they be of, that from henceforth do take upon him or them to fit by Virtue of any of the faid Commiflions, not being before fworn in Form as is afore- What Land each faid, and according to the Tenor of the Oath before fpecified, or if any Perfon fo named and fworn dolit as is Commiffioner' aforefaid, not having Lands and Tenements, or other Hereditaments in Fee-fimple, Fee-tail, or for Term of ■' I1 h "-' Life, to the clear yearly Value of xl. Marks above all Charges to his own Ufe, except he be refiant and 35 H.'s. c.'io. free of any City, Borough, or Town Corporate, and have moveable Subflance of the clear Value of One Hundred Pounds, or elfe be learned in the Laws of this Realm in and concerning the fame, that is to fay, admitted in One of the Four principal Inns of Court for an Utter Barrifter, fhall forfeit xl. I. for every Time that he fhall attempt fo to do; (z) the One Half thereof to be to our Sovereign Lord the King, and the other Half thereof to the Ufe of him or them that will fue therefore by Action of Debt, Bill, Plaint, or Information in any of the King's Courts; in which Action or Suit no Wager of Law fhall be admitted, nor any Eflbin or Protection fhall be allowed. XI. And if any Action of Trefpafs, or other Suit, fhall happen to be attempted againft any Perfon or Perfons for taking any Diftrefs, or any other Act doing, by Authority of the faid Commiffion, or by Au- thority of any Laws or Ordinances made by Virtue of the faid Commiffion, the Defendant or Defendants in any fuch Action fhall and may make Avowry, Conufance, or Juftification for the taking of the fame Avowry, or Jul- Diftrefs, or other Aft doing touching the Premiffes, or of any of them, alledging in fuch Avowry, Conu- tification of a fance, or Juftification, that the faid Diftrefs, Trefpafs, or other Act whereof the Plaintiff" complaineth, Diftrefs taken by wag j one D y the Authority of the Commiffion of Sewers for Lot or Tax afleffed by the faid Commiffion, or "ommiffionof f° r ^" ucn otner Act or Caufe as the faid Defendant did by Authority of the fame Commiffion, and according Sewers. to the Tenor, Purport, and Effect of this prefent Act made the Three and twentieth Year of the Reign of Co. pi. f.293. our Sovereign Lord King Henry the Eighth, without any expreffing or rehearfal of any other Matter or Circumftance contained in this prefent Act, or any Commiffion, Laws, Statutes, or Ordinances thereupon to be made; (2) whereupon the Plaintiff fhall be admitted to reply, that the Defendant did take the faid Diftrefs, or did any other Aft or Trefpafs fuppofed in his Declaration of his own Wrong, without any_ fuch Caufe alledged by the faid Defendant; whereupon the Iffue in every fuch Action fhall be joined, to be tried by Verdict of Twelve Men, and not otherwife, as is accuftomed in other perfonal Actions : (3) And upon the Trial of that IfTue the whole Matter to be given on both Parties in Evidence according to the very Truth of the fame, where the De- xil. And after fuch Iffue tried for the Defendant, or Nonfuit of the Plaintiff* after Appearance, the wi"th his Cofts Cofts alfo in that Part fuftained, and that to be affefled by the fame Jury, or Writ to inquire of Damages, of Suit. as the Caufe fhall require. The Wa«es and XIII. And it is alio enacted, That every of the faid Commiffioners fhall have and perceive Four Shil- Fees of Com- lings for every Day that they fhall take Pain in the Execution of this Commiffion of Sewers, and One jviiffioners, Clerk, by them to be affigned, Two Shillings for every Day, of the Rates, Taxes, Lots, and Wains that Clerks, Collec- f^al] be afleffed or loft by the Authority of the faid Commiffion, and to be levied and paid by their Dif- ■ tcrS; &c " cretions. (2) And that the faid Commiffioners, or Six of them, fhall have Power and Authority to limit and affign of the fame Rates, Taxes, Lots, and Wains, by their Difcretions, fuch reafonable Sums of Money to the faid Clerk, for writing of Books and Procefs concerning the Premiffes, and to the Collectors, Ex- penditors, and fuch other as fhall take Pain in the due Execution of the faid Commiffion, as by the Difcre- tions of the faid Commiffioners, or Six of them fhall be thought reafonable. Commiffions XIV. Provided alway, That whenfoever, and as often as fuch Commii'ion, as is afore limited, fhall be within the Li- m ade and directed to any Perfon or Perfons, for the Reformation and Amendment of or in any of the Pre- Duch. miffes fpecified in the faid Commiffion, within the Fees, Liberties or Poffeffions of the Duchy of Lancaftcr, that then fuch Commiffioners, as fhall execute any fuch Commiffion, fhall be always named and appointed by the Difcretion of the Lord Chancellor and Lord Treafurer of England, and the faid Two Chief Juftices' of either Bench, and the Chancellor of the faid Duchy for the time beins;, or Three of them, whereof the faid Lord Chancellor and the Chancellor of the Duchy to be Two; (2) and that in every fuch Cafe Two Commiffions fhall be awarded and made according to the Tenor of the Commiffion above expreffed, One thereof under the Great Seal of England, and the other under the Seal of the fame Duchy, as .before- time hath been accuftomed; any Thing afore rehearfed in this Act to the contrary hereof notwithftanding. The Charge of XV. And it is further enacted, That the faid Commiffions from time totime, as the Cafe fhall require, theCommiffion?. fhall be had and obtained without any Money, or other Charge to be paid for the Seals or Writing of the fame, unlefs it be to the King, Two Shillings Six Pence for the Seal of every Commiffion, as hath been ac- cuftomed, and for the writing and inrolling of any One Commiffion, Five Shillings, and not shove. A Commiffion XVI. And it is further enacted, That every Commiffion to be made by Authority of this Aft fhall en- of Sewers ihall dure and continue for the Term of Three Years next after the Telle of the Commiffion; (2) nevcrthelefs, endure Three after any Commiffion made and delivered out of the King's Court of Chancery, the King's Hiehnefs fhall V cars. ' ° ° 1 always
 * a" Dances e ' ^ me Defendant to recover Treble Damages by reafon of his wrongful Vexation in that Behalf, with his