Page:Ruffhead - The Statutes at Large - vol 2.djvu/534

 484 C. i2 } 13. Anno prim© & fecundo Philippi & Marine. A.D. 1554. vifiom comernbg accuftomed within this Realm, at any Time before the firft Year of the Reign of our late Sovereign Lord thiCim, s&g King Edward the Sixth; any Statute, Cuftom, Law or Ufage to the contrary thereof in any wife not- ^oV: 3 ;.* I 9withftandin S- 9 Ed. 3. Stat, 2. c. 2. 1 Am. fiat. I. c, l£ Gt °-*- C A P. XII. An A£b for the impounding oF DiftrefTes. STSbf" ' TT OR the voiding of grievous Vexations, Exactions, Troubles and Diforder in taking of DiftrefTes.. impounded. C ' -^ and impounding of Cattle,' (2) Be it ena&ed by the Authority of this prefent Parliament, That from 52 H. 3. c'4. and after the firft Day of April next coming, no Diftrefs of Cattle fhall be driven out of th? Hundred, 3 Ed*, i.e. 16. Rape, Wapentake or Lathe where fuch Diftrefs is or fhall be taken, except that it be to a Pound overt Gok. Enc. 43. w ithin the fame Shire,, not above three Miles diftant from the Place where the faid Diftrefs is taken : (3) Cro.' E) 480 ^ nd ^ at no Cattle or other Goods diftrained or taken, by way of Diftrefs for any manner of Caufe at one g 46 " ' 4 °' Time, fhall be impounded in feveral Places, whereby the Owner or Owners of fuch Diftrefs fhall be con- March 56. ftrained to fue feveral Replevies for the Delivery of the- faid Diftrefs fo; taken at one Time ; (4) upon Pain 2 Leon. 52. every Perfon offending contiary to this A&, fhall forfeit to the Party grieved, for every fuch Offence, an cT/nf 53 '* hundred Shillings, and treble Damages. pl.V 145°°' **' ^ nt * ^ e ll I ' urtner enadted by the Authority aforefaid;, That after the faid firft Day of April, no Perfou pi 62. ' or Perfons fhall take for keeping in Pound, Impounding, or Poundage of any manner of Diftrefs, above the ZW337,//. 33. Sum of four Pence for any one whole Diftrefs that fhall be fo impounded ; and where lefs hath been ufed r How much may there to take lefs ; (2) upon the Pain of five Pounds, to be paid to the Party grieved over and befide fuch Poundage "' Money as he fhall take above the. Sum of four Pence ; any Ufage or Prefcription to the contrary in any wife ' notwithftanding. The Sheriff ffiall III. And for the more fpeedy Delivery of Cattle taken by way of Diftrefs, it is further enafted by the appoint four De- f a id Authority, That every Sheriff of Shires, being no Cities nor Towns made Shires, fhall at his firft put.es to make County-Day, or within two Months next after he hath received his Patent of his Office of Sheriffwick, fhall Src^lv. & M. depute, appoint and proclaim in the Shire-Town within his Bailiwick, four Deputies at the leaft, dwelling &f. 1. C 5. not above twelve Miles, one diftant from another; (2) which faid Deputies fo appointed and proclaimed 8A1. c. 14. fhall have Authority in the Sheriff's Name to make Replevies and Deliverance of fuch DiftrefTes, in fuch 1 1 Geo. 2. c. 19. Manner and Form as the Sheriff may and ought to do ; (3) upon Pain that every Sheriff for every Month. jiVfficM «h- tnat ^ e ^ a ^ l ac k UJcri Deputy or Deputies, fhall forfeit for every fuch Offence five Pounds; (4) the one arning BWreRk'. Half of which Forfeitures fhall be to the King and Queen's Highnefs, her Heirs and Succefibrs, the other Half to him that will fue for the fame by Bill, Plaint, Information or Action of Debt, in any the King and Queen's Courts of Record^, in which no Effoin, Prote£fion nor Wager of Law fhall be admitted. C A P. XIII.. An Act touching Bailment of Perfons. Jn what Marnier' TT7HERE in the Parliament holden at Wejlminfter in the third Year of the Reign of the Noble Prince- juftices of Peaces yy King Henry the Seventh, it was among other Things ordained and enacted, That no Prifoner ar- arrefted of Fe- nS ' refted for Felony, fhould be letten to Bail or Mainprife by. any one Juftice of Peace, but by the whole Juf- lony, orSufpi- ' tices, or at leaft by two of them, whereof one to be of the Quorum ; (2) fince the making of which Efta- don thereof, &c. ' tute, one Juftice of Peace in the Name of himfelf and one other of the Juftices his Companion, not making " "•'J- c - 3- ' the faid Juftice party nor privy unto the Cafe wherefore the Prifoner fhould be bailed, hath oftentimes z ' 'by finifter Labour and Means fet at large the greateft and notableft Offenders,, fuch as be not replevifable ' by the Laws of this Realm ; (3) and yet the rather to hide their Affections in that Behalf, have figned the ' caped uripunifhed, and do daily, to the high Difpleafure of Almighty God, the great Peril of the King and ' Queen's true Subjects, and Encouragement of all Thieves and Evil-doers :' None (hall be If. For Reformation whereof, be it ordained and enacted by the King and Queen's Majeffies, the Lords Jet to Bailwhich Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by Authority of the K- 6 h'- d d h" ~h f ame > That from and after the firft Day of April next coming, no Juftice or Juftices of Peace fhall let to Star'rf » Ed. 1. Bail or Mainprife any fuch Perfon or Perfons, which for any Offence or Offences by them or any of them c ,',' % ' 'committed, be declared not to be replevifed or bailed, or be forbidden to be replevifed or bailed by the Statute of Weftminjler primer, made in the Parliament holden in the third Year of the Reign of King Edward the Firft. III. And furthermore, That any Perfon or Perfons arrefted for Manfaughter or Felony, or Sufpicion of Manflaughter or Felony, being bailable by the Law, fhall not after the faid firft Day of April be let to Bail or Mainprife by any juftices of Peace, if it be not in open SefHons, except it be by two Juftices of Peace gBiriftr, 113. at the leaft, whereof one to be of the Quorum, and the fame Juftices to be prefent together at the Time of the faid'Bailment or Mainprife; (2) which Bailment or Mainprife they fhall certify in Writing fubferibed' or figned with their own Hands, at the next General Gaol-delivery to be holden within the County where the faid Perfon or Perfons fnaJJ be. arrefted or fulpe&ed.. IV.. Ana:
 * Caufe of their Apprehenfion to be but only for Sufpicion of.Felony, whereby the faid Offenders have ef-