Page:Ruffhead - The Statutes at Large - vol 3.djvu/342

 294 ^' 9"~"i'' Anno declmo fexto & feptlmo Caroli II. A. D. 1664. but upon Ue- upon, ill any AiClion Perfonal whatfoever, unlefs a Recognizance with Condition according to the Statute cognizance en- made in the third Year of the Reign of our late Sovereign Lord King James, fhall be firft acknowledged in ' ' ^''tcT't"s^"' '^2 ^""'■'^ vfhtra iuch Judgment fliall be given : (2) And further, That in Writs of Error to be brought i tithcw III', upon any Judgment after VerdiiSl; in any vVrit of Dower, or in any Adion of Eje^ione finnes^ no Execu- ■ / tion fliall be thereupon or thereby flayed, unlefs the Plaintiff or Plaintiffs in fuch Writ of Error fhall be, f 3 Lev. 175. bound unto the PlaintifF in fuch Writ of Dower, or Aftion of EjeSilone Jjrma:, in fuch reafonable vSum as < i the Court to which fuch Writ of Error Ihall be direited ftiall think fit, with Condition, That if the Judg, ■' ment fliall be affirmed in the faid Writ of Error, or that the faid Writ of Error be difcontinued in Default ','t of the Plaintiff or Plaintiffs therein, or that the faid Plaintiff or Plaintiffs benonfuitin fuch Writs of Error, i. That then the faid Plaintiff or Plaintiffs fliall pay fuch Cofts, Damages, and Sum and Sums of Money, as jj fliall be awarded upon or after fuch Judgment affirmed, Difcontinuance or Nonfuit had. ' | Provlfo touching IV. And to the End that the fame Sum and Sums and Damages may be afcertained. It is further enacted, * Judgment in That the Court vvherein fuch Execution ought to be granted upon fuch Affirmation, Difcontinuance or .1 £k" ^fi'^ ^' Nonfuit, fliall iffue a Writ to enqiiire as well of the mean Profits as of the Damages by any Wafte com- t je one ims. j^j^j-^j ^f^gj. jj^g ^j.^ Judgment in Dower or in EjeSiione firma ; and upon the Return thereof. Judgment  fliall be given, and Execution awarded for fuch mefne Profits and Damages, and alfo for Cofts of Suit. ' ' TowhatAflions V. Provided, That this Aft, nor any Thing therein contained, fliall not extend to any Writ of Error j this A(ft fliall (-0 bg brought by any Executor or Adminiftrator; (z) nor unto any Adlion popular, nor unto any other - not extend. Adion which is or hereafter fliall be brought upon any Penal Law or Statute (except A6lions of Debt for I not fetting forth of Tithes) ; (3) nor to any Indiftment, Prefentment, Inquifition, Information or Ap- t peal ; any Thing herein before expreffed to the contrary thereof in any wife notwithftanding. The Continu- VI. Provided always. That this A6t fliall continue in Force for three Years, and to the End of the next " Mceof thisAa. Seffion of Parliament after the Expiration of the faid three Years, and no longer. [Made perpetual by 23 & 23 Car. 2. C.4.] CAP. IX. An A61 to impower the Chancellor of the Duchy to grant Commlffions for taliing Affidavits within the Duchy Liberties. (^atb, T7 OR the greater Eafe and Benefit of the Inhabitants within the County Palatine of Lancafler, and oflier i M/ Places within feveral other Counties of this Kingdom within the Survey of the Court of Duchy-Cham- ber at Wejitnhijhr, in the taking oi Affidavits in the Country, to be made Ufe of, and read in Caufes de- pending and to be depending within the faid Court; (z) Be it enaiSied by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame. That the Chancellor of the faid Duchy and Coun- ty Palatine of Lancajhr for the Time being, fliall and may by one or more Commiffion or Commiffions from Time to Time, as need fhall require, impower what and as many Perfons as he fliall think fit and neceffary within the faid County Palatine and other Duchy Liberties, to take and receive all and every fuch Affidavit or Affidavits as any Perfon or Perfons fliall be v/illing and defirous to make before any of the Perfons fo impowered, in or concerning any Caufe, Matter or Thing depending, or hereafter to be de- pending, in the'faid Court of Duchy-Chamber, as Mafters of Chancery in extraordinary do ufe to do ; (3) which faid Affidavits fliall be filed in the Office of the Clerk of the Court of the Duchy, and then be read and made ufe of in the faid Court to all Intents and Purpofes, as other Affidavits taken in the faid Court now are; II. Provided, That for the taking of every fuch Affidavit, the Perfon or Perfons fo impowered and taking the fame, fhall for fo doing receive only the Sum or Fee of twelve Pence, and no more. C A P. X. P R. An Aft for Continuance of a former Aft for repairing the Highways within the County oi Hertford. The 15 Car.!. CI. Toll taken at JVades-M'ill continued. Continued from November 1722. for 15 Years, by 6 Geo. i. c. 20. For repairing the Highway from Piickeridge to Barley, Caxtan, Arr'ington-Bridge. A Charge of ftX Pence rn the Pound for repairing the faid Highv.'ays. The Colleftor of the Toll, how to account weekly. . Provifo touching the Continuance or Determining the faid Toll. Provifo for Adjudication of the Amend- ment of the faid Highways. How the faid fix Pence in the Pound fliall be paid and levied. Repealed as to the County of i^«t/ir^, by 6 (?<>(. 2. c. 24. CAP. XL PRr AnAft for Draining of the Fen c^XXtA Deeping-Ftn, and other Fens therein mentioned. Deeping, Pinch- 25 Car.i, c. 17. . _ Bisji,- Thurlby, Bourn and Cropland Fens. A third Part affigned and fet out to Thomas Lovell. A certain >• 38- Aft and Decrees made for the faid Thomas Lovell, repealed. Truflees and Undertakers made for Drain- ing the faid Fens. Gleminni TVell(ind^ne.rs. Sufficient Gates and Bridges to be made. The Powers of the faid Truflrees and Undertakers. Glean, JVelland., Wejilade. What fhall be done in Cafe of ' Gooles or BreachesL,: or Overflowings. Dozens, Hawthorn-bank, Eajl-bank. Satisfaftion for Damage to particular Perfons, how to be made. Power to pull up Bridges, Dreins, ISc. The faid Bridges, TiHinels, i^c. how to baj-epaireid, Sf aiding Bridge. Prefervation of the Banks. Provifo for Owners and Commoners. Horfemen and Cattle landing upon the Banks. Swine, not to be put on the Fens. Poor Inhabitants, to be mainta-ined by the Truffees. Water fhall not be let out of the Rivers of Glean itmi.M'^iiland.yTiis-^&aiitQrKi Bo/ion-Bank to Win/over, The Proportion eilated upon tlie Truflees
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