Page:Ruffhead - The Statutes at Large - vol 2.djvu/622

 5J2 C. 3. Anno o&avo Reginae Elizabeths. A. D. 1565, lingly and apparently to the fame Court, fhall for Vexation of the Defendant in fuch Suit delay the fame- Suit : (3) That then in every fuch Cafe the Judge or Judges of every fuch' Court before whom any Perfon or Perfons fhall be fo fued, moiefted or troubled by Occaiion or Mean of fuch Attachment or Arreft, or by fuch Suit or Suits, fhall forthwith by his or their Difcretion, from Time to Time, as he or they fhall fee or perceive any fuch Default or Delay in the Party that caufed or procured any fuch Attachment or Arreft to to be had, award and judge to every fuch Perfon or Perfons, which after the faid firft Day of January mall be fo attached, arrefted, moiefted, vexed or troubled, his Cofts, Damages and Charges, by any Means fuf- tained by Cccafion of any fuch Attachment, Arreft or Suit, fo had and taken againft him, to be paid by fuch Perfon or Perfons that do doth or fhall caufe or procure any fuch Attachment or Arreft to be fo had or made. 5 Penalty for IV. And if any Perfon or Perfons at any Time after the faid firft Day of January fhall by any Way or '/ Mean, malicioufly, "or for Vexation and Trouble, caufe or procure any other Perfon or Perfons to be ar- ' "'} refted, or attached to anfwer in any the Courts or Places aforefaid, at the Suit or in the Name of any Per- ",n g el fon or Perfons, where indeed there is no fuch Perfon or Perfons known, or without the Affent, Content or Agreement of fuch Perfon or Perfons, at whofe S uit or in whole Name fuch Arreft or Attachment is or fhall ■ -.; S3, be fo had and procured, that then every fuch Perfon and Perfons, that fhaM fo caufe or procure any iuch lc6, Arreft or Attachment of any other Perfon or Perfons to be had or made for Vexation or Trouble, as is aforefaid, and fhall thereof be convicted or lawfully accufed by Indictment, Prefmtment, or by the Tefti- mony of two fufficient WitnefTes or more, or other due Proof, fhall for every fuch Offence by him or them com - itted, done or procured, have and fuffer Imprifonment of his or their Body or Bodies by the Space of fix Months without Bail or Mainprife : (2) And before he or they fhall be delivered out of Prifon, fhall pay unto the Party or Parties fo arrefted or attached by his or their Means or Procurement, treble the Cofts, Charges, Damages and Expences that he or they fhall be put unto by Reafon or Occafion of fuch Arreft or Attachment fo had; (3) and fhall alfo forfeit and pay unto fuch Perfon or Perfons, in whofe Name or at whofe. Suit he or they fhall fo procure fuch Arreft or Attachment to be had or made, if then there fhall be any fuch Perfon known, the Sum often Pounds for every fuch Offence. A Remedy to " V. And be it further enacted by the Authority aforefaid, That every Perfon and Perfons to whom any k-.o a the Cofts Cofts, Charges, Damages, Forfeiture or Payment of any Sum or Sums of Money by Authority of this Act ,p' Damages { Z V,e awarded, judged or forfeited, fhall and may at all Times hereafter have his or their Remedy for the Recovery thereof, by Action of Debt, Bill or Plaint, in any Court of Record againft fuch Perfon or Perfons,, artba- i« their Heirs, Executors or Adminiftrators, as fhould or ought to pay the fame by Virtue or Force of this Act; ■what Cajes top; n wn i cn Action, Bill or Plaint, no Effoin, Protection or Wager of Law fhall be admitted or allowed to mc'imn, ^ ^. an y ^ Defendant or Defendants in the fame. 6. t t Ja;. 1. c. 3. 7 Jac. I. c. 5. -L-iJac. I. c. 16. 16 Car. i, c. 15. 13 Car. 2. fiat. 2. c. 2, 23 Car. 2. c. 9. §. 136. 4 6? 5 W. & M. c. 23. 8 TV. 3. c- II. II & liW. 3. c. 9. $Ann. c. 16. and X^Gca. 2. c. 17. CAP. III. An Aft againft carrying over Sea, Rams, Lambs or Sheep alive. Penalty for con- "|~OR fundry good Caufes and Confiderations moved in this High Court of Parliament, Be it enacted by Shas^allveoBt --P A-uthority of the fame, That no Manner of Perfon or Perfons, ofwhatEftate, Degree or Condi- "of th« a Realm, tibn foever he or they be, fhall after the laft Day of February next enfuiug, bring, deliver, fend, receive or 3inft. 104. ' take, or procure to be brought, delivered, fent or received, into any Ship or Bottom, any Rams, Sheep or Lambs, or any Manner of other Kind of Sheep, being alive, to be carried and conveyed out of this Realm. of England, Wales or Ireland, or out of any the Queen's Highnefs Dominions; (2) upon the Pain that every fuch Perfon or Perfons, their Aiders, Abettors, Procurers and Comforters, fhall for his or their firft Offence or Offences, fo done contrary to the true Meaning of this Eftatute, forfeit and lofe all his Goods for ever - t whereof the one Moiety fhall be to the Queen's Majefty, her Heirs and Succeflors, the other Moiety to him or them that will fue for the fame in any Court of Record, wherein no Eflbin, Protection nor Wager of Law for the Defendant fhall be admitted or allowed. 3 Infi. 46. n. And further, Every fuch Offender or Offenders fhall fuffer Imprifonment by the Space of one whole Year, without Bail and Mainprife, and at the Year's End fhall in fome open Market-Town, in the Fulnefs The fecond Of- or the Market on the Market-Day, have his Left-hand cut off, and that to be nailed up in the openeft Place fence Felony. " of fuch Market : (2) And that every Perfon or Perfons eftfoons offending againft this Statute fhall be ad- judged a Felon, and fhall fuffer Death as in Cafes of Felony. ^fBk^dorFor lxI * f roviaed always, That this Act fhall not extend to any Corruption of Blood, or be prejudicial or feiture'ofDowe'r. hurtful to any Woman claiming Dower by or from any fuch Offender or Offenders; any Thing in this Act ' to the contrary notwithstanding. Wha | ' J" ft a '^ s IV. And be it further enacted by the Authority aforefaid, That the Juftices of Oyer and Terminer, Juftices dMwnriiKthe of Gaol-delivery, and Juftices^of Peace in every County and Shire within this Realm of England and Wales, offences "afore- and other the Queen's Majefty's Dominions, fhall have full Power and Authority by Virtue of this Act, to ftid. enquire of every Offender and Offenders contrary to the Form and Effect of this Act, and to hear and de- Fo, -farther Pro- termine every Offence and Offences committed, perpetrated and done contrary to the Form and Effect of Sixl"utG™. the f ame » according to the Courfe of the Laws of this Realm. 3 H. 6. c. 2. ». c. 6. and j 5 Geo, 2, c. 34, I CAP.