Page:Ruffhead - The Statutes at Large - vol 2.djvu/696

 Thr Death or removing of tl Chile of tr aiainfl w horn 'Recovery 646 C. 13. Anno xxvii Reginae Elizabeths. A. D. 1585. Recovery bythe Party or Parties robbed {hall be, without naming the Chriftian Name or Surname of the faid Clerk of the Peace ; (8) which Moiety fo recovered fhall be to the only Ufe and Behoof of the Inha- bitants of the faid Hundred where any fuch Robbery or Felony (hall be committed or done. III. And be it further enacted by the Authority aforefaid, That if any Clerk of the Peace, of or in any County within this Realm, fhall at any Time hereafter commence or prefer any fuch Suit, Action or Infor- iv.ui- (lull not rnatidn, and fhall after the fame fo fued, commenced or preferred, happen to die or to be removed out of theSoit. his Office, before Recovery and Execution had ; That yet no fuch Action, Suit, Bill, Plaint or Informa- tion, fued, commenced or preferred, fhall by fuch D'fplacing or Death be abated, difcontinucd or ended; (2) but that it (hall and may be lawful to and for the Clerk of the Peace next fucceeding in the faid County, to proiecute, purfue and follow all and every fu:.h Action, Bill, Plaint, Suit and Information, for the Caufes aforefaid, fo hanging and depending, in fuch Manner and Form, and to all Intents and l-urpofes, as that Clerk of the Peace might have done which firft commenced or preferred the faid Suit, Bill, Plaint or Information. IV. And although (he whole Hundred, where fuch Robberies and Felonies are committed, with the Li- berties within the Precinct thereof, are by the faid two former Statutes charged with the anfwering to the Party robbed his Damages ; yet neverthelefs the Recovery and Execution by and for the Party or Parties ' not heretofore by Law had any Mean or Way to have any Contribution of or from theRefidue of the faid Hundred where the faid Robbery is comm'tted, to the great Impoverifhment of them againft whom fuch ' Recovery or Execution is had :' A Rrinedy for V. For Remedy whereof, Be it enafted by the Authority aforefaid, That after Execution of Damages by the Party or Parties fo robbed had, it fhall and may be lawful (upon Complaint made by the Party or Par- ties fo charged) to and for two Juftices of the Peace (whereof one to be of the Quorum) of the fame County lijj, to bawe inhabiting within the faid Hundred, or near unto the fame, where any fuch Execution {hall be had, to af- Conmbiition. fefs and tax rateably and proportionably, according to their Difcretions, all and every the Towns, Pariihes, v Tot™" b 1 0t ^.'^ a S es an .d Hamlets, as well of the (aid Hundred where any fuch Robbery fhall be committed, as of the the rufticEs. y Liberties within the faid Hundred, to and towards an equal Contribution to be had and made for the Relief of the faid Inhabitant or Inhabitants, againft whom the Party or Parties robbed before that Time had his or their Execution ; (2) And that after fuch Taxation made, the Conftables, Conftable, Headboroughs or Headborough of every fuch Town, Parifh, Village and Hamlet, fhall by Virtue of this prefent Aft have full Power and Authority within their ievejal Limits, rateably and proportionably to tax and affefs according to The Tmtion of their Abilities, every Inhabitant and Dweller in every fuch Town, Parifh, Village and Hamlet, for and the Inhabitants towards the Payment of fuch Taxation and AfTefrrnent, as fha'l be fo made upon every fuch Town, Parifh, by the ConS-a- Village and Hamlet as aforefaid, by the faid Juftices : (3) And that if any' Inhabitant of any fuch Town, Parifh, Village or Hamlet, fhall obftinately refufe and deny to pay the fai'd Taxation and Aiieflment, fo by the faid Conftables, Conftable, Headboroughs or Headborough taxed and afTeffed, That then it fhall and maybe lawful to and for the faid Conftables and Headboroughs, and every of them within their feveral Li- mits and Jurifdictions, to diftrain all and every Perfon and Perfons fo refufing and denying, by his and their Diirraining ami Goods and Chattels ; (4) and the fame Diftrefs to fell, and the Money thereof coming to retain to the Ufer fir De&uit ot aforefaid i (5) and if the Goods or Chattels fo diftrained and fold fhall be of more Value than the faid Tax- Payment. atIon ^ aa ^ come unto, that then the Refidue of the faid Money, over and above the faid Taxation, fhall be delivered unto, the faid Perfon or Perfons fo diftrained. T h. e, ? r ftabl h S ^' ^ nc * bc '*■ / urt ' ler enacted, That all and every the faid Conftables and Headboroughs, after that Mooe/roirefted 'A^ have witnin their feveral Limits and Jurisdictions levied and collected their faid Rates and Sums of to the' Juftices. Money fo taxed, fnall within ten Days after fuch Collection, pay and deliver the fame over unto the faid Juftices of Peace or one of them, to the Ufe and Behoof of the faid Inhabitant or Inhabitants for whom fuch Rate, Taxation and Affeffment fhftl be had or made as aforefaid ; (2) which Money fo paid fhall by the Juftices or Juftice fo receiving the fame, be delivered over (upon Requeft made) unto the faid Inha- bitant or Inhabitants to whofe Ufe the fame was collected. c eVyi "bmiou h i VI ^* And be lt furtner enacted by the Authority aforefaid, That the like Taxation, AlTefTment, Levying tileHumhed '" ty Diftrefs and Payment as aforefaid, fhall be had and done within every Hundred where Default or Neg- where Default hgence of Purfuit and frefh Suit fhall be, for and to the Benefit of all and every Inhabitant and Inhabitants of Purfuit fhall ot the fame Hundred where fuch Default fhall be, that fhall at any Time hereafter by Virtue of this prefent h ~- Act have any Damages or Money levied of them, for or to the Payment of the one Moiety or Half of the. Money recovered againft the faid Hundred where any Robbery fhall be hereafter committed. No Penal'y Y*^- Provided alfo, and be it further enacted by the Authority aforefaid, That where any Robbery is theOff-mirrsbc ° r - 11 be ! lerea fter committed by two or a greater Number of Malefactors, and that it happen any one of apprehended-. !r s QA Often !ers to be apprehended by Purfuit to be made according to the faid former mentioned Laws and Much 10, 11. Statutes, or according to this prefent Act ; That then and in fuch Cafe, no Hundred or Franchife fhall in 1 s.d. 11. any wife inur or fall into the Penalty, Lofs or Forfeiture mentioned either in this prefent Act or in any the faid former Statutes, although the Refidue of the faid Malefactors (hall happen to efcape, and not to be ap- prehended ; any Thing in this Statute, or in the faid form r Statutes to the contrary notwithstanding. TT«e Suit (hill IX. Provided alfo, That no Perfon or Perfons hereafter robbed fhall take any Benefit by Virtue of any be commenced^ the faid former Statutes to charge any Hundred where any fuch Robbery fhall be committed, except he Xr'theRob- "" or th ^ r io r °koed fhall commence his or their Suit or Action within one Year next after fuch Robbery fo be ■ to be committed. . . X. And
 * mij Execution is
 * robbed, is had againft one or a very fewPerfons of the faid Inhabitants, and he and they fo charged, have