Page:Ruffhead - The Statutes at Large - vol 2.djvu/314

 276. C. 5. Anno tricefimo fecundo Henrici VIII. A. D. 1540. lame, as he or they might have had before the making of this Act, and as though this Act had never been had ne made; this Act nor any Thing therein contained to the contrary notwithftanding. A Remedy to _ IX. Provided alfo, That if it happen the (aid Perfon or Perfons, now being within Age, or covert Baron, relieve the Heirs [ n Prifon, or out of this Realm, having Caufe to fue, commence, make or bring any the faid Writs, Ac- wTlnc't t ' ons ' Avowries, Cognizance, Prefcription, Title or Claim, to deceafe within Age, or being covert, as is any Perfor/in ' a f° re faid, or during the Time he or they {hall be in Prifon or out of this Realm, or to deceafe within fix Prifon, or out f Years next after fuch Perfon or Perfons {hall accomplifh his or their full Ages, or mall be at large within the Realm, if this Realm, or {hall become fole, and no Determination or Judgment had of fuch Titles, Actions or Rights, lud ne it *^' ls R ea ' m 5 or within Age, or being covert Baron, fo dying, {hall have and enjoy all and every fuch Li- berty and Advantage to fue, demand, advow, declare or make their faid Titles, Claims or Prefcriptions within fix Years next after the Death of fuch Perfon or Perfons now imprifoned or being out of this Realm, or within Age, or covert de Baron, in fuch or like Manner and Form to all Intents and Purpofes, as the fame Infant after his full Age, or the faid Woman covert after the Death of her Hufband, or the fame Per- fon being out of this Realm after his Repair or Coming into the fame, or the faid Perfon imprifoned after his Enlargement and coming out of Prifon, {hould or might have had within fix Years then next enfuing, by Force and Virtue of the Provifion laft before rehearfed; any Thing in this Act contained to the contrary thereof in any wife notwithstanding. A Remedy for X. Provided alfo, That if any Perfon or Perfons before the faid Feaft of the Afcenfion of our Lord God, the Heir, if the w hich {hall be in the faid Year of our Lord God One thoufand five hundred and forty fix, commence and c"(iQ° abate be- ^" ue an Y °'" the ' a '^ Actions or Writs, or make any Avowry, Prefcription, Title or Claim, and the fame fore Judgment. Action, Writ, Avowry, Cognizance, Prefcription, Title or Claim happen, by the Death of any of the Parties to the fame, to be abated before Judgment or Determination thereof had; that then the faid Perfon •or Perfons, being Demandants or Avowants, or making any fuch Cognizance, Prefcription, Title or Claim, being then alive, and if not, then the next Heir or Heirs of fuch Perfon or Perfons fo deceafed, may commence and purfue his or their Action and Suit, and make his or their Avowry, Cognizance, Pre- fcription, Title or Claim, for or upon the fame Matter, within one Year next after fuch Action or Suit abated, and fhall have and enjoy all and every fuch Liberty and Advantage to fue, demand, avow, declare or make their faid Titles, Claims or Prefcriptions, within the faid one Year, as the Demandant or Demand- ants in fuch Writ or Suit abated, or as fuch as did avow or make Cognizance, Title or Claim, or Prefcrip- tion, fhould or might have done, had, ufed, made or enjoyed in the faid former Action or Suit; any Thing in this Act to the contrary notwithftanding. The Party XL Provided furthermore, That if any falfe Verdict happen hereafter to be given or made in any of the grieved may have fay Actions, Suits, Avowries, Prefcriptions, Titles or Claims, that then the Party grieved by reafon of the ""-■^."U 11 ' d "L on fame {hall and may have his Attaint upon every fuch Verdict fo given or made, and the Plaintiff in the fame given. Attaint, upon Judgment for him given, {hall have his Recovery, Execution and other Advantage, in like Manner and Form as heretofore hath been ufed and accuftomed; any Thing before in this Act contained to " See farther con- the contr ary thereof notwithftanding. c&miig Limitations ,_ 1 M. fiat. 2. c. 5. 21 Jac, I. c. z, &? l6. 10 & II ff. 3. c. 14. and 4 Ann. c. 16. CAP. III. For the Continuation of certain Acts. HERE in the laft Parliament begun and holden at London the third Day of November in the twenty- firft Year of the King's moft gracious Reign, and from thence adjourned to Wejiminjier^ and there 2i H. 8. c. 14. ' It was enacted among other Things, That all foreign Pleas triable by the Country, which- Ihould be. PJ«s J£n ' pleaded by any Perfon or Perfons arraigned upon any Indictment for any Petty Treafon, Murther or Fe- ' lony, fhould be tried before the fame Juftices afore whom fuch Perfons fhould be arraigned, and by the.- ' fame Jurors of the County that {hall try the Petty Treafon, Murther or Felony, without any further Re- 4 fpite or Delay; (z) and that no Perfon or Perfons arraigned for any Petty Treafon, Murther or Felony, 4 {hould be admitted to any peremptory Challenge above the Number of twenty; (3) which Act was made ' to endure to the End of the next Parliament, as by the faid Act, amongft divers Claufes and Provifions con- ' tained in the fame, more plainly is expreffed. j-j H. S. c. 1. ' II. And where alfo in the fame Parliament it was enacted, That no Perfon or Perfons which fhould hap- pen to be found guilty after the Laws of this Realm, for any manner of Petty Treafon, or for any. wilful. 1 Murther of Malice prepenfed, or for robbing of Churches, Chapels or other holy Places, or for. robbingof any Perfon or Perfons in their Dwelling-houfes or Dwelling-place, the Owner and Dweller in the faid Houfe, his Wife, his Children or Servants then being within, and put in Fear and Dread'by the fame, or For farther Pro- * f or robbing of any Perfon or Perfons in or near about the Highways, or for wilful Burning of any Dwel- '^l°")"" ar [ e T- g ' h n g"-h° u f es 5 or Barns wherein any Corn or Grain {hall chance to be; (2) nor that any Perfon or Perfons &£ 'e2 6.1 9. ' being found guilty of any Abetment, Procurement, Helping, Maintaining or Counfelling of or to any j W. &'m.c. 9. ' fuch Petty Treafon,- Murthers or Felonies, {hould be admitted to the Benefit of their Clergy, (fuch as be joSfiiJK 3. ' within Holy Orders, that is to fay, of the Orders of Subdeacon, or above, allonly except) with many c - *!• ' other Claufes and Provifions cantained in the faid Act, as by the fame Act more plainly appeareth; (3} 1 'xAnnc] -'. ' which. Act was alfo made to continue and endure to the laft Day of the next Parliament. 4 Cm, 1, i, 11. and 6 Ceo. I. i. 23 , Clergy taken a way from Of- fenders in cer- tain Cafes.
 * h ^ P art y him - fo to them accrued; that then the next Heir or Heirs of fuch Perfon or Perfons being in Prifon, or out of'
 * holden and continued by fundry Prorogations;
 * HI. And