Page:Ruffhead - The Statutes at Large - vol 2.djvu/688

 638 C. 5. Anno xxvii Reginae Elizabeths. A. D. 1585. The statute not VIII. And be it further enafted, That if the Party to whom any fuch Statute Merchant or of the Staple entered, void {hall be knowledged, his Executors or Adminiftrators, do or fhall not within four Months next after the igainft the Pur- Knowledging of any fuch Statute, bring and deliver, or caufe to be brought and delivered, unto the faid chafer. Clerk, or his Deputy or Deputies for the Time being, all and every fuch Statute and Statutes as fhall be fo knowledged to him or to his Ufe, whereby and to the Intent that the faid Clerk, his Deputy or Depu- ties, may take and enter a true Copy thereof; That then every fuch Statute Merchant and of the Staple not fo entered fhall be void, fruftrate and of none Effect, againlt all and every fuch Perfon and Perfons, and Bodies Politick and Corporate, their Heirs, SuccelTors, Executors, Adminiftrators and Afligns only, as fhall after the Knowledging of the faid Statutes or any of them purchafe for Money or other good Confide- ration, the Lands, Tenements or Hereditaments which were liable to the fame Statute Merchant or of the Staple, or any Part or Parcel thereof, or any Rent, Leafe or Profit of or out of the fame. The Forfeiture IX. And it the faid Clerk, or his Deputy or Deputies for the Time being, fhall not upon fuch Shewing entering, or not f arne j n n j s f a j,j g 00 k within the faid Time of fix Months, and alfo endorfe upon every fuch Statute fo by tutcT'" 24 * him entred, the Day and Year of his faid Entry, with his or their own Name ; That then every fuch Cleric failing or defective in that Behalf, fhall forfeit and lofe for every Statute Merchant and of the Staple fo brought unto him or them, and not entred and endorfed, or caufed to be entred and endorfed as aforefaid, the Sum of twenty Pounds ; (2) the one Moiety whereof to be to the Queen's Majefty, her Heirs and Suc- ceiTors, and the other Moiety to him or them that will fue for the fame in any of the Queen's Courts of Record, by Aftion of Debt, Bill, Plaint orlnformation, wherein no EfToin, Protection or Wager of Law fhall be allowed. Clerk of the X. And be it further enafted by the Authority aforefaid, That no Clerk of the faid Recognizances fhall Recognizances or ma y ta k e) f or or m refpeft of any Search to be made for or concerning any Statute Merchant or of the ees to learc, g ta pj e f Q t0 jj e en tred as aforefaid, above two Pence for one Year's Search, and fo after the Rate of two Pence for every Year and not above, (2) upon Pain to forfeit and lofe to the Party or Parties grieved there- by, twenty Times as much as he fhall take contrary to the true Meaning of this Aft, to be recovered in any of the Queen's Majefty 's Courts of Record, by Aftion of Debt, Bill, Plaint or Information, wherein no Protection or Wager of Law fhall be allowed. (3) This Aft to continue for the Space of ten Years,- and from thenceforth unto the End of the Parliament then next following. Affuranceof XI, Provided always, That this Aft, nor any Thing therein contained, fhall extend or be conftrued Lands defeated, to ma j te g 00( j an y Purchafe, Grant, Leafe, Charge or Profit, of, in or out of any Lands, Tenements Poffeffion^the or Hereditaments heretofore made void, defeated or undone, by reafon of any former Conveyance, Grant Time of the or Afiurance, fo as the Party or Parties or their Heirs or Afligns, which have fo defeated or made void the Statute. fame, were in aftual Pofleffion the firft Day of this prefent Parliament, of or in the faid Lands, Tenements or Hereditaments, whereof or out of which any fuch Purchafe, Grant, Leafe, Charge or Profit was made. The Authority XII. Provided that this Aft, nor any Thing therein contained, fhall extend in any Sort to reftrain or of the Court of impair tnc Jtirifdiftion, Power or Authority of the Court of Star-Chamber. [Made perpetual by 3a El. Star-Chamber. ojeT urr/j7 fartbtrPwifionS- l8 - $• 32-J agcinjl fraudulent Ctnveyamesrfa 29 Car. i. c. 3. and 3 W. fif M. c. 14. CAP. V. An Ada for Furtherance of Juftice, in Cafe of Demurrer and Pleadings. Enforced by ' TT^Orafmuch as exceffive Charges and Expences, and great Delay and Hindrance of Juftice hath grown 4 Anns, c. 16.' £> in Aftions and Suits between the Subjefts of this Realm, by reafon that upon fome fmall Miltaking After Demurrer <■ or Want of Form in Pleading, Judgments are often reverfed by Writs of Error, and oftentimes upon De- ter"d ["dement' rnurrers in Law given otherwife than the Matter in Law and very Right of the Caufe doth require, fhau'bc given, ' whereby the Parties are conftrained either utterly to lofe their Right, or elfe after long Time and great notwithftanding ' Trouble and Expences, to renew again their Suits :' (2) For Remedy whereof, Be it enafted by the any Den& m Queen's moft excellent Majefty, the Lords Spiritual and Temporal, and the Commons, in this prefent ri"idinc° r Parliament affembled, and by the Authority of the fame, That from henceforth, after Demurrer joined whatDcfefts in an ^ entre d in any Action or Suit in any Court of Record within this Realm, the Judges fhairproceed and Form (hall be gi ye Judgment according as the very Right of the Caufe and Matter in Law fhall appear unto them, with- amended by the out regarding any Imperfeftion, Defeft or Want of Form in any Writ, Return, Plaint, Declaration or Court, and what other Pleading, Procefs or Courfe of Proceeding whatfoever, except thofe only which the Party demurring not - fhall fpecially and particularly fet down and exprefs together with his Demurrer ; (3) and that no Judgment 1 Leonard 44, to y e gi ven fhall be reverfed by any Writ of Error, for any fuch Imperfeftion, Defeft or Want of Form as i^ndcrf^fiS ' s a f° re f a 'd, except fuch only as is before excepted. 172. The I'arty demurring fhall fet down the Caufes. 1 Leon. 311. Hob. 232, Hutt. 15. Moor 885. 1 Roll 112. Goldio. 35, pi. 10. Savil 7s, S7/ Cro. El. 232, 233, 588. Hob. 332. 10 Co. SS. The Court may II. And be it further enafted, That after Demurrers joined. and entred, the Court where the fame fhall amend Defefts be, fhall and may by Virtue of this Aft from Time to Time amend all and every fuch Imperfeftions, De • rl ' Defects and Wants of Form as is before mentioned, other than thofe only which the Party demurring fhall joir^d"V h. 6. fpecially and particularly exprefs and fet down together with his Demurrer as is aforefaid. «. ti. 1 Mod.
 * f the Clerk not anf ] Delivery unto him or them of any Statute Merchant or of the Staple, enter or caufe to be entred the
 * «'• III.