Page:Ruffhead - The Statutes at Large - vol 2.djvu/676

 eries. i$Ed. I. Sta 626 C. 3. Anno xxiii Reginae Elizabeths. A.D. 1581. CAP. III. An Act for the Reformation of Errors in Fines and Recoveries. Iarolmentof TT^OR the Appealing of Suits, the Avoiding of falfe Pra&ices, Deceits, Devices and Mifdemeanours, and Fines and Rcco- Jj f or Helping of Negligences and Mifpriiions of Clerks and Officers, dangerous to Aflurances of Men's Lands and Hereditaments ; (2) Be it enacted by the Queen's moft excellent Majefty our Sovereign Lady, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament aflembled, and by the EJ s -4 ' Authority of the fame, That every Writ of Covenant and other Writ, whereupon any Fine heretofore hath t. i. ' '"'' *' been levied or hereafter fhall be levied, the Return thereof, the Writ of Dedimus pot.'/latem made for thf; 15 Ed. 2. Knowledging of any of the fame Fines, the Return thereof, the Concord, Note and Foot of every fuel) 34 Ed. 3. c. 16. Fine, the Proclamations made thereupon, and the King's Silver, (?) and alfo every original Writ of Entry 57/ 4. c, 14. ] n t [ le p fl ox other Writ, whereupon any Common Recovery hath been fufFered or hereafter fhall be fufFered u 7' c' ll or P a 'f ec U the Writs of Summon, ad JVarrantizandum, the Returns of the faid Originals and Writs of Sum - 32 H. i.e. -6. mon - a d fVarrantizand'im, and every Warrant of Attorney had or to be had, as well of every Demandant queft or Election of any Perfon, be inrolled in Rolls of Parchment by fuch Perfons, and for fuch Con- fulerations, as hereafter in this Act, fhall be mentioned; and that the Inrolments of the fame, or of any The Validity of Part thereof, fhall be of as good Force and Validity in Law, to all Intents, Refpec~ts and Purpofes, for fo the inroiment. much of any of them fo inrolled, as the fame being extant and remaining were or ought by Law to be. For what Errors, tt. And be it further enacted by the Authority aforefaid, That no Fine, Proclamations upon Fines, or Terksar-no" " Common Recovery, heretofore had, levied, fufFered or pafTed, or hereafter to be had, levied, fufFered or Kwerfafaie. palled, fhall be reverfed or reverfable by any Writ of Error, for falfe or incongrue Latin, Rafure, Inter- im V.iT,— 211. lining, Mif-entring of any Warrant of Attorney, or of any Proclamation, Mif-returning or Not-returning ^°Q P d' i lil- Provided always, That this Adt, nor any Thing therein contained, fhall bar or exclude any Perfon 53° a " 595- or Perfons from any Writ of Error which fhall be had, taken or purfued, within five Years next after the What Perfons End of the Seflion of this prefent Parliament, upon any Fine or Recovery heretofore had or fufFered, nor may have Writs from any Writ of Error which fhall be had, taken or purfued upon any Fine or Recovery heretofore levied, °f *:"?' tr> t *- knowledged or had, which Fine or Fines, Recovery or Recoveries, or any Part or Parcel of them or any of Rccoverie3 and tnem > now is > or at anv Time before the firfPDay of June, which fhall be in the Year of our Lord God one in, what Cafes, thoufand five hundred eighty-two, fhall be exemplified under the Great Seal of England, at and by the Suit of any Perfon that is or may be intituled to have or fue any Writ of Error upon any the Fines or Recoveries heretofore pafTed : (2) Nor to bar any Feme Covert, or any Perfon within the Age of one and twenty Years, or any Perfon that is Non compos mentis, in Prifon or beyond the Seas, of or from any Writ of Error to be had or profecuted for the Rcverfing of any Fine or Recovery heretofore pafTed, levied or fufFered, fo that fuch Feme Covert or her Heirs, within feven Years next after that fhe become fole, and fuch Perfon within the Age of one and twenty Years, or his Heirs within feven Years next after he fhall come and be of full Age of one and twenty Years, and fuch Perfon that is Non compos mentis, within feven Years next after he fhall become of fane Memory, and in Default thereof the Heirs of fuch Perfon that is Non .compos mentis, within feven Years next after the Death of fuch Perfon being Non compos mentis, and fuch Perfon in Prifon or his Heirs, within feven Years next after the fame Perfon lhall be at Liberty, and fuch Perfon beyond the Seas or his Heirs, within feven Years next after the Return of fuch Perfon into this Realm of England, or the Death of the faid Perfon, ifhe fhall before his Return die in any foreign Country, fhall fue, take and profecute their Writs of Error, as their Cafes feverally fhall require, forreverling of any the faid Fines or Recoveries heretofore pafTed, levied or fufFered. A Remedy for IV. Provided always, and be it further enaitcd by the Authority aforefaid, That if any Perfon or Per- ehe Heir where f ons fh all,, within the Time and Years afore-mentioned, commence or fue his or their Writs of Error for the theAnceitor revel -fj n g G f any the faid Fines or Recoveries heretofore palled, which Suit fhall fortune to abate by the 5Bitf Cn m '° e Death of any the Parties to the fame ; That then it fhall and may be lawful for his and their Heirs, at any Time within one Year next after the faid feven Years expired, to have, fue and take their Writ of Error for the reverfing of every fuch Fine and Recovery : (2) And if fuch Heir be an Infant within the Age of one and twenty Years, then within one Year next after the full Age of fuch Infant; any Thing in this prefent AA contained to the contrary thereof in any wife notwithftanding. The Day and V. And be it further enacted by the Authority of this prefent Parliament, That every Perfon that fhall Year (hall be at any Time hereafter take the Knowledge of any Fine or Warrant of Attorney of any Tenant or Vouchee P 1 ^*" jS for fuffering of any Common Recovery, or fhall certify them or any of them,, lhall, with, the Certificate of Fine or Warrant the Concord or Warrant of Attorney, certify alfo the Day and Year wherein the fame was knowledged : cf Attorney for (2) And that no. Perfon that taketh any fuch Knowledge of any Fine, or Warrant for any Recovery, ihall the I'ufisrins of a De bounden, or by any Means inforced to certify any fuch Knowledge or Warrant, except it be within Recovery. one Year next after the faid Knowledge taken : (3) And that no Clerk or Officer fhall receive any Writ of Covenant or Writ of Entry, whereupon any Fine or Common Recovery is hereafter to pals, unlefs the Day of the Knowledge of the fame Fine and Warrant fhall appear in or by fuch Certificate ; (4) upon Attornment Pain that every Clerk that fhall receive any fuch Writ, fhall forfeit for every Time that he fhall fo offend, u{oa.*Fine, .jjj^ Sum of five Pounds : (5) And that no Attornment in or upon any Fine be entered upon Record,, except tht-
 * Mar.SMc.2.f.7.and Tenant as Vouchee, extant and remaining or thatihall be extant and in Being, (4) may upon the Re-
 * K:i8 — 19S. of the Sheriff, or other Want of Form in Words and not in Matter of Subftance.