Page:Ruffhead - The Statutes at Large - vol 3.djvu/302

 254 C. 21. Anno declmo tertio & quarto Caroli II. A". D, 1662. for which the fame fliall be fo levied, fhall be plainly and particularly exprefied, but Ihall be thereof wholly difcharged, without Petition, Plea, or other Trouble or Charge whatloever. Seizures before V. And it is hereby further enadted and declared. That all Seizures heretofore made before thefirft I jac. and di- Year -of the Reign of the late King yamei of ever Bleffed Memory, now remaining in the Accounts of She- beTeft ou"of ° ^^"5 ^"^^ ^ Seizures and Debts which are pardoned, fhall be and are hereby fdly difcharged ; and that the Sheriffs Ac- the fame and every of them fhall hereafter be left out of Sheriffs Accounts, witiiout further Order, Plea count. Petition, or other Charge to any Sheriff or Sheriffs whatfoever; (2) and that no Procefs fhall from hence- forth be written forth to any Sheriff for the Levying of the fame, or any of them, nor for any other Rent or Farm, which cannot be explained by fetting forth the Particulars thereof, or which have been unan- fwered by the Space of forty Years laft pafl ; (3) and that all other dead Farms and Seizures, and all de- fperate, illeviable, and unintelligible Debts fhall be removed out of the annual Roll, and Sheriffs Charge into the Exannual Roll, there to remain, until by Comxmiflion they fliall be revived and made anfwerable! If c«ft for VI. And to the End that all new Debts arifmg and coming into the Exchequer for the Future may be Debts to be fent fent forth in Procefs within convenient Time, be it alfo ena<5ted and declared. That the aforefaid feveral ntent Time""^' Remembrancers do forthwith inrol and certify to the faid IngrofTer of the Great Roll, all fuch Debts as any Sheriff or Sheriffs of this Realm are or hereafter fliall be charged withal, either by Virtue of their re- fpeilive Retorns made to the Barons of the faid Exchequer upon his Majefty's Writs oi Fieri facias. Levari facias^ Capias or other Procefs ; (2) and alfo of all Fines and Amerciaments which are or fhall be fet and impofed by the Court of Exchequer, upon any Sheriff or Sheriffs for his or their Contempts or Neglecls- (that is to fay) That all and every fuch Debts, Fines and Amerciaments, as now are returned, fetor impofed in any of the faid Offices, fhall be delivered as aforefaid, before the firfh Day oi February next en- fuing : (3) And. all fuch Debts, Fines and Amerciaments as fliall hereafter be returned, fet or impofed in any of the refpeftive Offices, fhall be alfo delivered by the lirll Day of the next Term after fuch Re- torns made, or fuch Fines and Amerciaments fo fet or impofed ; (4) that fo they may be all charged in the Tbe Penalty Sheriffs Accounts refpedively, and comprehended within his or their ^lictus eji; (5 ) upon Pain that every ,u poo Officers for Officer or Officers in the faid Exchequer, who fliall in any Thing offend contrary to this prefent Acb, fhaJl againft this aS? forfeit the Sum of forty Pounds for every fuch Offence ; whereof one Moiety fhall be to the King, his Heirs and Succeflbrs, and the other Moiety to the Party or Parties who fliall be thereby aggrieved ; to be recovered by Adion of Debt, Bill, Plaint or Information in any of his Majefty's Courts at TVeJlminfler, wherein no Effoin, Proteftion, Privilege or Wager of Law fhall be allowed or admitted. .9 Ed, s. Staf.x. VII. And it is hereby further provided and ordained, That no Perfon fhall be afligned to be Sheriff of s Ed. 3. C.4. any County within this Realm, except fuch as have Lands within the lame County fufficient to anfwer the King and his People. M Jac. I. c. 5. ' VIII. And whereas by an Adt made in the one and twentieth Year of the Reign of our late Sovereign ' Lord King yames over England, it was provided. That whenfoever any Sheriff upon paffing his Accounts, A Qijietus eft to ' fliould have his ^lietus eft, that he fhould be thereby abfolutely difcharged of all Sums of Money by hiin be a fufficient ' levied and received, and pretended not to be accounted for within the faid Account whereupon he had She'i-i'ff Tf not^ ' ^'^ ^netus ejf, unlefs fuch Sheriff fliould be called in queflion for fuch Sums of Money fo pretended to queiiio'nedwith- ■' be levie:!, and not accounted for, within four Years after the Time of fuch Account, and Quietus eji; in four Vi-ars af- ' which Aft notwithflanding, divers Sheriffs and their Heirs upon fuch Pretences have beenmolefled and ter Grant ,t!^r;-,i; t^cubled many Years after their Accounts, and ^ietus eft, and have had Procefs fent out againftthem, ' contrary to the true Intent and Meaning of the faid Adt;' (2) It is hereby furtlier provided and enacted, That when any Sheriff or Sheriffs within the Kingdom of England or Dominion o Wales, upon pafling their Accounts fnall have their .^«/f?/«;f/?, that then fuch Sheriff and Sheriffs, their Heirs, Executors and Adminiflrators, Lands, Tenements, Goods and Chattels, fhall be thereby abfolutely difcharged of all Manner of Sum or Sums of Money whatfoever by them levied and received, notwithflanding any fuch Pretence tliat tlie fame were not accounted for, or other Pretence whatfoever, unlefs fuch Sheriff or She- riffs fhall be called in Queflfon, and that Judgment fliall be given againli him or them for the fame, within four Years next after fuch Account or ^ietus eft ; (3) and that every Officer or Pv/Iinifler by whom, or by whofe Default, any Writ or Procefs contrary to this Atft fhall be fent out, fliall incur the like For- feitures and Penalties, to be recovered and infiidled by fuch Perfons, and in fuch Manner, as by the afore- faid A6t is provided, chefter, Lnnca- IX. Provided always. That this Aft, or any Thing therein contained, fliall not extend to the Counties fl^r Durham, of Cheficr, Lancnfter, Durham, or the Counties of Wales being County Palatifies, as to their Manner of F^? Chtfter, fee Accounting, but that the Sheriffs therein fhall account as formerly before the refpedive Auditors only, 3 Geo. I. c.'i5. and not eliewhcre. I- 13-. X. Provided, That this Ad, or any Thing therein contained, fliaji not extend to enjoin his Majefty's theK.i4°s°Re'^ R^'^^*'"'-'"'^'^'^*^^''' or the Lord Treafurer's Remembrancer, to tranfcribe and deliver to the IiigrolTer of the membvarcerand Great Roll, any Inquifitions or Seizures, but fuch as have been formerly charged in the Foreign i^ ccounts i jLojd Treafurer's of the Sheriffs; (2) but for all Inquifitions Upon Attainders, or other Forfeitures to the Crown, the fame Remembrancer, ^^^jj ^^ ^^^ -^^ charge as heretofore they have been, according to the conff ant Ufage and Decree of the Court of Exchequer ; (3) nor fhall this Ad, or any Tiling therein contained, extend to exclude his Ma- jefty's faid Remembrancer of or from the Writing forth Procefs for or upon any his Majefly's Debts, J u- ties, Outlawries, cr other Charge whatfoever, or Vxoct^s ok Levari facias, at the Prolccution of any Per- fon or Perfons, to levy the IlTues or Profits of any Lands or Tenements feifed or to be feized into the King's Hands, or Procefs of Venditioni exponas for Goods feized or to be feized upon any Debt to his Ma- jeily, his Heirs or Succeffors, or upon any Outlawry, or to alter or change the Pleadings or other Pro- ceedings heretofore ufed and accuftomed in the faid Office upon any Pleadings touching the faid Debts, Duties and Seizures, or any of them whatfoever-; (4) and that no Debt, Duty, Fine, Amerciament or Seizure whatfoever, which (hall be charged in the faid Great Roll of the Pipe upon any Perfon whatfo- ever, by or from any Record, Procefs or Proceeding had, made, filed or recorded in the Office of his Ma- jefly's