Page:Ruffhead - The Statutes at Large - vol 2.djvu/614

 564 C. 23; Anno quinto Reginas Elizabeths. A. D. 1562. and Proclamation : (2) And the Sherijf or other Officer to whom the faid Writ of fecond Capias {hall.be fo directed, (hall fervc and execute the faid fecond Writ in fuch like Manner and Form as before is ex- Twenty Pound prefl'ed for the Serving and Executing of the faid firft Writ of Capias. (3) And if the Sheriff or other Offi- f r f i" ir j'c Pr " ccr ^ n ^ return upon the faid fecond Capias, that he hath made the Proclamation according to the Tenor cijs.'"" 1 a " and Effect of the fame Writ, and that the Party hath not yielded his Body to Prifon according to the Tenor of the faid Proclamation; that then the faid Party that fa fha.ll make Default, fhall for fuch his Contempt and Default forfeit to the Queen's Highnefs, her Heirs and Succeffors, the Sum of twenty Pounds; (4) which faid Sum of twenty Pounds the faid Juftices of the King's Bench for the Time being fhail likewifc caufe to be eftreated into the faid Court of Exchequer, in Manner and Form aforefaiJ. 3<lCafias. VII. And then the faid Juftices fhall likewife award forth one other Writ of Capias againft the faid Party, with fuch like Proclamation and Pain of Forfeiture, as was contained in the faid fecond Writ of Capias : (2) And the Sheriff or other Officer to whom the faid third Writ of Capias fhall fo be directed, fhall ferve and execute the faid third Writ of Capias in fuch like Manner and Form as before in this Act is exprefled and declared for the Serving and Executing of the faid firft and fecond Writs of Capias. (3) And if the Sheriff or other Officer to whom the Execution of the faid third Writ fhall appertain, do make return of the faid third Writ of Cipias, that the Party upon fuch Proclamation hath not yielded his Body to Prifon according to the Tenor thereof; that then every fuch Party for every fuch Contempt and Default fhall likewife forfeit Tw l nty Pour "? to the Queen's Majefty, her Heirs and Succeffors, other xx. li. (4) which Sum of xx. li. fhall likewife be third Capias. " eftreated into the faid Court of the Exchequer in Manner and Form aforefaid : (5) And thereupon the faid Awii'me of Juftices of the King's Bench fliall likewife award forth one Writ of Capias againft the faid Party, with like Capias infinitely, Proclamation and like Pain of Forfeiture of xx.li. (6) And that alfo the faid Juftices fhall have Authority ar.d xx. li. For-' by this Act, infinitely to award fuch Procefs of Capias with fuch like Proclamation and Pain of Forfeiture feit upon every c f XX- lj, as; s before limited, againft the faid Party that fo fhall make Default in yielding of his Body to the et uxrn. prifon of the Sheriff, until fuch Time as by Return of fome of the faid Writs before the faid Juftices, it * fhall and may appeal", that the faid Party hath yielded himfelf to the Cuftody of the faid Sheriff or other Officer, according to the Tenor of the faid Proclamation; {"]) and that the Party upon every Default and Contempt by him made againft the Proclamation of any of the faid Writs fo infinitely to be awarded againft him, fliall incur like Pain and Forfeiture of xx. li. which fhall likewife be eftreated in Manner and Form aforefaid. The offi-nder VIII. And be it further enacted by the Authority aforefaid, That when any Perfon or Perfons fhall T'ns"? b' S BC " Y' e ^ nis or their Body or Bodies to the Hands of the Sheriff or other Officer, upon any of the faid Writs anitted to Prifon. °f Capias, that then the fame Party or Parties that fhall fo yield themfelves, fhall remain in the Prifon and 1 Bulftr. 1.2a. Cuftody of the faid Sheriff or other Officer, without Bail, Bafton or Mainprize, in fuch like Manner and Form, to all Intents and Purpofes, as he or they fhould or ought to have done, if he or they had been apprehended and taken upon the faid Writ of Excommunicato Capiendo. T f h *S F heffffor IX - And *? e k further enacted by the Authority aforefaid, That if any Sheriff or other Officer by a t'ajfe Return, whom the faid Writ of Capias or any of them fhall be returned, as is aforefaid, do make an untrue Re- turn upon any of the faid Writs, that the Party named in the faid Writ hath not yielded his Body upon the faid Proclamations, or any of them,_where indeed the Party did yield himfelf according to the Effect of the fame, That then every fuch Sheriff or other Officer, for every fuch falfe and untrue Return, fhall forfeit to the Party grieved and damnified by the faid Return, the Sum of orty Pounds; (1) for the which Sum of forty Pounds the faid Party grieved fhall have his Recovery and due Remedy by Action of Debt, Bill, Plaint or Information, in any of the Queen's Courts of Record; in which Action, Bill, Plaint or Information, no Effoin, Protection or Wager of Law fhall be admitted or allowed for the Party De- fendant : The Biihop's. X. Saving and referving to all Archbifhops and Biihops, and all others having Authority to certify any Authority to re- Perfon excommunicated, like Authority to accept and receive the Submiffion and Satisfaction of the faid ce "y eS " bln, '^ on > Perfon fo excommunicated, in Manner and Form heretofore ufed, (2) and him to abfolve and releafe, and Excommunicate. the fame to fignify, as heretofore hath been accuftomed, to the Queen's Majefty, her Heirs and Suc- Regift. 66, 67. ' ceflors, into the High Court of Chancery; (3) and thereupon to have fuch Writs for the Deliverance of 2 Lev. 26, 36. the faid Perfon, fo abfolved and releafed, from the Sheriffs Cuftody or Prifon, as heretofore they or any of Raym. 225. them had, or of Right ought or might have had; any Thing in this prefent Statute fpecified or contained to the contrary hereof in any wife notwithftanding. Procefs out of XL Provided always, That in Wales, the Counties Palatines of Lancajler, Chcfter, Durham and Ely, and Llbe "' es v i hete in the Cinque Ports, being Jurifdictions and Places exempt, where the Queen's Majefiy's Writ doth not Vritruaneth run > artd Procefs of Capias from thence not returnable into the faid Court of the King's Bench, after any »at. Sigmflfavit being of Record in the faid Court of Chancery;, the Tenor of fuch Signipcavit by Mittimus fhall!■ be fent to fuch of the Head Officers of the laid County of Wales, Counties Palatines, and Places exempt, ■within whofe Offices, Charge or Jurifdiction the Offenders fliall be refiant; that is to fay, to the Chancellor or Chambeilain for the faid County Palatine of Lancaftsr, and Chejhr, and for the Cinque Ports to the Lord Warden of the fame, and for Wales and Ely, and the County Palatine of Durham, to the Chief Juftice or Juftices there : (2) And thereupon every of the faid Juftices and Officers to whom fuch Tenor, of Signijicavit with Mittimus fliall be directed and delivered, fhall by Virtue of this Eftatute have Power and Authority to make like Procefs to the inferior Officer and Officers to whom the Execution of Pro- cefs tljere doth appertain, returnable before the Juftices there at their next Seffions or Courts, two Months at the lea ft after the Tefte of every fuch Procefs: (3) So always as in every Degree they fhall proceed in their Seffions and Courts againft the Offenders, as the Juftices of the faid Court ot K ng's Bench are limited by tke Tenor of this Act in Term-Times to do and execute, 3. m