Page:Ruffhead - The Statutes at Large - vol 2.djvu/370

 332 Complaints. Sale. C. 4. Anno xxxiv&xxxv He nrici VIII. A. D. 1542-3, Concealment. felaim, for the Time being, or three of them at the leaft, whereof the Lord Chancellor or Keeper of the Great Seal, Lord Treafurer, Lord Prefident, or the Lord Privy Seal, to be one, upon every Complaint made to them in Writing by any Parties grieved concerning the Premifles, fhall have Power and Authority by Vir- tue of this Aft, to take by their Wifdoms and Diicretions, fuch Orders and Directions, as well with the Bodies of fuch Offenders aforefaid, wherefoever they may be had, orotherwife, as alfo with their Lands, Tenements, Fees, Annuities, and Offices, which they have in Eee-fimple, Fee-tail, Term of Life, Term of Years, or in the Poght of their Wives, as much as the Intereft, Right and Title of the fame Offender fhall extend or be, and may then lawfully be departed with, by the faid Offender, and alfo with their Mo- ney, Goods, Chattels, Wares, Merchandifes, and Debts, wherefoever they may be found or known. And to caufe their faid Lands, Tenements, Fees, Annuities, Offices, Goods, Chattels, Wares, Merchan- difes and Debts, to be fearched, viewed, rented and appraifed, and to make Sale of the fame Lands, Te- nements, Fees, Annuities and Offices, as much as the fame Offender may then lawfully give, grant or de- part with, or otherwife to order the fame for true Satisfaction and Payment of the faid Creditors : That is to fay, to every of the faid Creditors, a Portion Rate and Rate like, according to the Quantity of their Debts. And that every Direction, Order, Bargain, Sale, and other Things done by the faid Lords au- thorifed, as is aforefaid, in Writing figned with their Hands, by Authority of this Aft, fhall be good and effeftual in the Law to all Intents, Conftruftions and Purpofes againft the faid Offenders, their Heirs and Executors for ever, as though the fame Order, Direction, Bargain and Sale had been made by the faid Of- fender or Offenders, at his or their own free Will and Liberty, by Writing indented enrolled inanythe King's Courts of Record. And be it alfo further enafted by the Authority aforefaid, That if after any fuch Aft or Offence com- mitted, and Complaint thereof made to the faid Lords as is aforefaid, any Party grieved concerning the Premifles, knowing, fuppofing, or fufpefting any of the Goods, Chattels, Wares, Merchandifes or Debts of fuch Offender or Offenders, to be in Cuftody, Ufe, Occupying, Keeping, or Poffeffion of any Perfon or Perfons, or any Perfon or Perfons to be indebted to any fuch Offender or Offenders, do make Relation thereof to the faid Lords, to whom Authority is given by this prefent Aft, as is aforefaid : That then the faid Lords fhall by virtue hereof have full Power and Authority to fend for and convent afore them by fuch Procefs, Ways or Means, as they fhall think convenient by their Difcretions, all and every fuch Perfon and Perfons fo known, fuppofed or fufpefted, to have any fuch Goods, Chattels, Wares, Merchandifes, or Debts in his or their Cuftody, Ufe, Occupation, keeping or Poffeffion, or fuppofed or fufpefted, to be in- debted to fuch Oeffender or Offenders : And upon their Appearance to examine them and every of them as well by their Oaths, as otherwife by fuch Ways and Means, as the faid Lords by their Difcretions, fhall think meet and convenient for and upon the Specialty, Certainty, true Declaration and Knowledge, of all and fingular fuch Goods, Chattels, Wares, Merchandifes, and Debts, of any fuch Offenders as be fup- pofed or fufpefted to be in his or their Cuftody, Ufe, Occupation or Poffeffion, and of all fuch Debts as by them or any of them, fhall be fuppofed or fufpefted to be owing to any fuch Offender ; And if any fuch Perfon or Perfons upon fuch Examinations do not difclofe, plainly declare and fliew the whole truth of fuch Things as he or they fhall be examined of, concerning the Premiffes : Then every fuch Perfon or Per- fons fo examined, and not declaring the plain and whole truth, concerning the Premiffes upon due Proof thereof to be made, before the faid Lords therefore authorifed, as is aforefaid, by Witnefs, Examination,, or otherwife, as to the fame Lords fhall feem fufficient in that Behalf, {hall lofe and forfeit double the Va- lue of all fuch Goods, Chattels, Wares, Marchandifes, and Debts by them or any of them fo concealed and not wholly and plainly declared and fhewed, which Forfeiture fhall be levyed and recovered by the faid Lords having Authority as is aforefaid, by fuch Ways and Means as to them fhall feem requifite and con- venient. And the fame Forfeiture to be diftributed and imployed to and for the Satisfaction and Payment of the Debts of the faid Creditor or Creditors, in fuch like Manner, Rate and Form as is above declared, concerning the ordering of the Goods and Chattels, of the faid Offenders, keeping their Houfes, or flying to Places unknown, as is aforefaid. And be it alfo further enafted by the Authority aforefaid. That if after any fuch Perfon or Perfons fhall keep his or their Houfes, or flee to Parts unknown, as is aforefaid, any Perfon or Perfons do fraudu- lently by Covine or Collufion, claim or demand any Debt, Duty, or other Thing by Writingor otherwife, of any fuch Offender or Offenders, other than fuch as he or they can and do prove to be due by Right and Confcience in Form aforefaid,. before the faid Lords having Authority by this prefent Aft, as is aforefaid, and the fame to proceed Bona fide, without Fraud or Covin : That then every fuch Perfon and Perfons, fo craftily demanding or claiming any fuch Debt, Duty or other L hing, as is aforefaid, fhall forfeit and lofe double as much as he or they fhall fo claim or demand. And the fame Forfeiture to be levyed, re- ( covered and imployed, in Manner and Form as is afore rehearfed. And be it alfo further enafted, by the Authority aforefaid, That if any fuch Perfon or Perfons, which fhall keep his or their Houfes, or flee to Parts unknown, as is aforefaid, or intent to delay or defraud their Creditors deceitfully by Covin or Collufion, fuffer or caufe any other Perfon or Perfons, to recover againft him or them any Debts, Goods, Chattels, Wares, or Merchandifes, without juft Caufe and Title fo to do, proceeding Bona fide, without Fraud or Covin, that then upon Complaint thereof made to the faid Lords jraving Authority by this prefent Aft ? as is aforefaid, the fame Lords fhall have Power and Authority by Virtue hereof to convent and call before them the faid Recoverer or Recoverers, and after fuch Fraud, De- ceit, Covin or Collufion, fhall plainly appear, or be duly proved before the faid Lords authorifed, as is afore- faid, all the faid Goods and Chattels, of the faid Offender fo recovered, fhall be chargeable, imployed, or- dered and delivered toward the Payment of the true and due Debts of the faid Creditor, after the Manner, Form and Rate, as is afore fpecified, by the Difcretion of the faid Lords, having Authority by this prefent Aft, the aforefaid falfe and fained Recoveries notwithstanding, fo that always fuch falfe and fained Recove- ries fhall. not be m Force, or any Execution thereby,-tud of or upon, any Goods, Chattels, Lands, or Te- 4 jiemejats