Page:Ruffhead - The Statutes at Large - vol 2.djvu/685

 A. D. 1585. Anno xxvii Rcginas Eli 7. abf. Tii.r. C. 3. 635 be fo difcovercd, do not within eight and twenty Days then next follow - • t ,> fome of the Queen's Privy Council, or to the Prcftdent or Vicc-Preiidcnr in the North, or in the Marches of Wales, for the Time being ; Th.it then lie 01 die. every fuch Offence forfeit the Sum of two hundred Marks. XIV. And be it likewife enacted by the Authority aforefaid, That fuch of the Privy Council, or Vice- Prcfident, to whom fuch Information fliall be made, (ball thereupon fubferibed with his own Hand, to the Party by whom he fliall receive fuch Information,' u p Information was made unto him. XV. And be it alfo enacted, That all fuch Oaths, Bonds and Submiffions, a, fliall be made by this Act, as aforefaid, fhall be certified into the Chancery by fuch Parties before whom the (an made, within three Months next after fuch Submiffion, (2) upon Pain to forfeit and ! Offence one hundred Pounds of lawful Englijh Money ; the faid Forfeiture to be to the Queen, her i. and Succelfors : XVI. And that if any Pcrfon fo fubmitting himfelf, as aforefaid, do at any Time within the Space of ten Years after fuch Submiffion made, come within ten Miles of fuch Place where her Majefty fhall > out efpecial Licence from her Majefty in that Behalf to be obtained in Writing under her Hand ; That then and from thenceforth fuch Pcrfon fhall take no Benefit of his f.iid Submiffion, but that the famcSubmil fhall be void as if the fame had never been. Farther provided for by 35 El. c. 2. 1 [ac. 1. c 4. 3J. 1. c. 5. C A P. III. An Aft for the Explanation of an Aft made in the thirteenth Year of the Queen's Majefty 's Reign, intituled, An Aft to make the Lands, Tenements, Goods and Chattels of Tellers, Receivers, &c. liable to the Payment of their Debts. WHERE in the Parliament holdcn at Mjlminjier the fecond Day of April 'in the thirteenth Year of A '• the Reign of our Sovereign Lady Queen Elizabeth, there was amonglt, other Things an Act made, ' nefs, her Heirs and Succeilbrs, might for the Satisfaction of her and their Debts and Farms, by her or their ' ' Letters Patents under the Great Seal of England, make Sale of any the L::nds, Tenements and Heredita- ' ments, whereof her Highnefs, her Heirs and Succeilbrs, have Power or Autlvrity to make Sale by Virtue 1 of the fame Act, after the Death of fuch Accountant or Debtor as is mentioned in the faid Act, or where ' Life-time of the fame Accountant or Debtor :* II. For Declaration and Explaining whereof, be it declared and enacted by the Authority of this prefent s Parliament, That the faid Act, in every Part thereof, touching the Power given by that recited Act unto her Highnefs, her Heirs and Succeffors, to make Sale of any the Lands, Tenements or Hereditaments by the fame Act limiicd to be fold, is, ihall and ought to be expounded and intended, as well in Cafe where the 395. Sale is to be made after the Death of fuch Accountant or Debtor, as where it is to be made in his or their Life-time; (3) and alfo as well in Cafe where the Account is made, or the Debt known within eight Years The Aecoun- after the Death of fuch Accountant or Debtor, as where the fame Account is made, or the Debt known V" in the Life-time of the fame Accountant or Debtor ; any Ambiguity or Qucftion that hath rifen or gr- or may arifc, grow or be conceived, upon the Letter of the fame Act to the contrary thereof in any wifei erl ..■ notwithstanding. r III. Provided always, and be it enacted by the Authority aforefaid, That after the Death of fuch Ac- : ' ' . ' ' l countant and Debtor, as is mentioned in the faid recited Aft, and before fuch Time as any the Lands, - nements and Hereditaments, defcended unto the Heir of fuch Accountant or Debtor as Heir unto the fame Accountant or Debtor, fhall be fold as aforefaid, a Scire facias fhall be awarded out of hu Majefty's Court oftii I Exchequer unto the Sheriff of the County where any luch Lands do lie, to garnifh the fame Heir, to fhew Caufe why the fame Lands, Tenements and Hereditaments fo to him defcended as aforefaid, mould n I put to Sale for Satisfaction of the fame Debts or Farms in the fame Act mentioned, according to the Tenour of the faid Act ; whereupon if the Heir do not within a convenient Time upon a Garnishment or two .Y - (hils returned, fhew and prove unto the laid Court, that the Executors or Adminiftrators of fuch Accountant or Debtor have fumcient, which ought to anfwer or be liable for the fame Debt or Farm, and whereby the faid Debt or Farm fhall and may be duly and fully fatisfied ; That then after ten Months next after fuch two Nichils, or Garnifhment returned, the fame Lands, Tenements and Hereditaments fliall be fold by her Majefty, her Heirs or Succeilbrs, and the Money thereof coming difpofed according to the true In- tent and Meaning of the faid former recited Act. IV. And be it further enacted by the Authority aforefaid, That the faid recited Act, and this Statute of" ""- '•'■ Explanation alfo, as touching only the Sale of any Lands, Tenements or Hereditaments, to be made aftei !••, the Death of fuch Accountant or Debtor as is aforefaid, fhall not extend to 3iiy Lands, Tenements cr He- ;',';,'_.„_ rcditaments, which any Perfon or Perfons not being privy or contenting unto any fuch Intent to d-fraudQue. 4M2 the'.i- -
 * intituled, An A3 to male the Lands, Tenements, Goods and Chattels of Tellers, Receivers, &C. liable t-
 * their Debts ; (2) upon which Ac.! fome Doubt and Qucftion hath been moved, whether the (Queen's I lijjh
 * the Account of fucii Accountant or Debtor was not or is not made, or his or theii' Debt known in the