Page:Ruffhead - The Statutes at Large - vol 2.djvu/206

 1 68 C. 6. Anno vicefimo tertio Henrici VIII. ' . A. D. 153 ■^he Form of the " (2) Noverint univerfi per prseient' me A. B. & C D. armig' teneri & firmiter obligari Johanni at St s Recognizance, « m Q h, fterling' folvend' eidem Johanni aut fuo cert' attorn' hoc fcriptum oftend' hasred' vel execut' i '} " in tal' feft' &c. prox' futur' port dat' prsefentium ; & ft defecero vel defecerimus in folutione debit' pr - " dicY vo!o & concedo ; vel fie, volurnus & concedimus, quod tunc curratfuper me, haered' & executo 1 " meos, vel fuper nos & quemlibct noftrum, hseied' & execut' noftros pcena in ftatuto ftapulae de del ' " pro merchandifis in eadem emptis recuperand' ordinat' & provis' dat' tal' die anno regni regis, &c." By ■what Seals JH. And that every Obligation that ihall be made as is aforefaid, and knowledged before any of t ■ the fame obli- j^jj Chief Juftices, or the faid Mayor and Recorder, according to this Act, fhall be fealed with the Seal : fcaleT' C £ ^ e P^ rt y or Parties that fhall recognize or knowledge the .fame, and alfo with fuch Seal as the Kin v^uVhan 103. Highnefs (hall ordain and appoint for the fame, and v/ith the Seal of one of fuch of the faid Juftices, . with the Seals of the faid Mayor and Recorder, and with his or their Name or Names fubfcribed, thatt {hail take the fame Recognizance or Knowledge ; (2) and' that every of the faid Two Juftices, and f.i, faid Mayor and Recorder, fhall have the Cuftody of one fuch Seal, by the,. King's Highnefs to be aaj pointed, with one like Print, Scripture, and Fafhion, which fhall feverally remain with them to the Inte; above rehearfed. TheClerkof the IV. And further be it enacted by the Authority aforefaid, That fuch an honeft and difcreet Perfon Recognizances fhall be affigned by the King's Highnefs, or the lufficient Deputy or Deputies of the fame Perfons fo to fliallinrollthem, affigned, fhall make and write all fuch Obligations as fhall be acknowledged and recognized by Authori in Lomionr 6 °^ tms ^^ ant ^ ^ a ^ cau '" e the fame Obligations recognized, and acknowledged in Form as is abovefai Hob. zz».' to be inrolled in Two feveral Rolls indented, whereof One fhall remain with fuch of the faid Juftices, By g g.i. c. 2,5. with the faid Mayor and Recorder, that fo fhail take the fame Recognizance in Form aforefaid, and t there (hall be other Roll with the Writer thereof, appointed for the fame ; (2) and that the faid Perfon, by the Kinj' Three Rol.s,&c fjighnefs to be appointed for making, writing, and inrolling fuch Obligations, or his fufficient Deputy 1 Deputies, fhall be dwelling or abiding in the faid City of London, upon Pain to forfeit for every Time th. he and his Deputy fhall be abfent by the Space of Two Days, Ten Pounds. Certificate of V. And further it is enafted by Authority aforefaid, That the faid Perfon fo to be affigned by the King •the Recogni- Highnefs to write, make, and inroll fuch Obligations, or his fufficient Deputy or Deputies, at the Ri zance in the q Ue ft of the Creditors, their Executors or Adminiftrators, fhall certify fuch Obligations as fhall betake-; nceiy. - and recognized by Authority of this Ac!:, into the King's Court of Chancery, under the Seal of the faiil Perfon fo to be appointed for writing, making, and inrolling fuch Obligations, a Inft< 190. a. VI. And that every Perfon and Perfons to whom any fuch Obligation fhall be made, knowledged, an inrolled (as is aforefaid) their Executors and Adminiftrators, and the Executors and Adminiftrators < every of them, for Default of Payment of the Debts contained in fuch Obligations, ihall have in eveni Point, Degree, and Condition, againft the faid Recognizor and Recognizors, and every of them, the. Execution upon Heirs, Executors, and Adminiftrators, and the Heirs, Executors, and Adminiftrators of every of then a Recognizance like Procefs, Execution, Commodity, and Advantage in every Behalf, as hath been ufed and accuftome acknowledged before this Time to be had, done, or made, of and upon any Obligation of the Statute of the Staple, an Suture" 8 W ' ' S un d er fucb Manner and Form, as is for the fame Statute of the Staple provided, (z) paying for fuch Pro cefs, and Execution to be had, fuch like Fees as is accuftomed for Procefs and Execution to be had upoi Obligations of the fame Statute of the Staple, and not above. Where the Re- Vfl. And that every fuch Perfon and Perfons that fhall be bounden, or otherwife grieved by virtue cognizor <hali be an y Obligation to be made by Authority of this Acl s fhall have their like Remedy by Audita Querela, an< dita Que et*~ an "' a ^' otner Remedies in the Law, that they might have had in cafe they had been bounden by Obligatioi Bro. Du" 19; °f the Statute of the Staple. The King fhall VIII. And that every fuch Perfon and Perfons that fhall have Procefs for Execution to be had by reafor haveiob. in the of any fuch Obligation to be made and knowledged according to this Act, fhall pay to the King's High- Pound upon nefs, his Heirs, or Succeffors, at the Time of enfealing of the Procefs for Execution to be had, One Half- Execution fued. p er) y f or every Pound that fhall be contained in the Obligation, whereof Execution fhall be required, anc Altered by .. 1 a j -13 3G.i.c .25 .f.3. not above. TheRemed'y' ' IX. And that every fuch Perfon and Perfons that fhall happen to have any Execution of any Lands, for Tenant by Tenements, or Hereditaments, by reafon of any fuch Obligations to be made and knowledged (as is Recognizance abovefaid) their Executors, Adminiftraors, or Affigns, and the Executors, Adminiftrators, and Affigns being diffeifed. of every of them, if they, or any of them, being put out or diffeifed, ihall have like Remedy in everyi Point and Condition, as Perfons having Execution in and upon any Statute of the Staple, after Execution: to them had, may or might have, by virtue of the faid Writing Obligatory of the Statute of the Staple, and Execution of the fame. The Juftices X. And further be it enacted by the Authority aforefaid, That every of the faid Juftices, and the faid Clerk's Fee up- Mayor and Recorder, before whom any fuch Obligations fhall be recognized, fhall take for every Know- — -ry Re- ledge of every One fuch Recognizance Hi. s. iv.d. and not above; (z) and the Clerk that mail write, make, and inroll the fame Obligations, iii.s. iv. d. (3) and for the Certificate of every One fuch Obliga- tion xx. d. (4) and if any of the faid Juftices, Mayor, Recorder, or Clerk, take of any of the King's Sub- jects above the Sum or Sums to them limited by this Eftatute, that then the faid Juftices, Mayor, Re- corder, or Clerk, that fo fhall take contrary to the Form aforefaid, fhall forfeit for every Time fo offend- ing xl. li. In what Cafes XI. And further it is enacted by the Authority aforefaid, That from the faid Firft Day of April, no Recognizances Mayor or Conftable of the Staple, for the Payment of any Sum or Sums of Money, take any Knowledge of Statute Staple or Recognizance of the faid Statute of the Staple, of any of the King's Subjects, upon Pain to forfeit for '"Th^Ma or ever Y Time fo offending, xl. li. the One Moiety of all and fingular the faid Penalties to be to the King's CndConftallesof Highnefs, and the other Moiety to- the Party that will fue for the fame; (2) for the Recovery whereof, •he Staple, and the Party that will purfue fhall have his Remedy by Information, Action of Debt, Bill, or Plaint in any of in what not, the cognizance.