Page:Ruffhead - The Statutes at Large - vol 3.djvu/346

 The Penalty, 298 C. 7. Anno decimo feptimo Caroli II. A. D. 166 <j II. For the avoiding of which Inconveniencies for the future, and that your Majefty's Subjefts may have ( nn eafier Means for the Recovery of their Damages and juft Rights which are unjuftly detained from them: * May itpleafe your moft Excellent Majefty, that it may be enaded j and the King's moft Excellent Majefty' j being willing upon all Occafions to eafe his Subjefts of all unneceflary Charges and Burdens, is graciouflv j pleafed. That it be enafted ; (2) And be it enadled by the King's moft Excellent Majefty, with the Ad- vice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aftem- i fliall deterttiine, bled, and by the Authority of the fame. That immediately from and after the twenty-ninth Day of Sep- and not betaken fcmber, which {hall be in the Year of our Lord one thoufand fix hundred feventy-two, no Damage Cleer i t)a"of^Sc-^T - ^^'^ ^y """y Ti° o Precept whatfoever be due, payable, taken or received from any Perfon or Perfons in ' be7i67i'/ """ 2"y Action whatfoever, fued or profecuted_ in any of his Majefty's Courts at Wcjhiinjler, or elfewhere ! within the Kingdom of England, or Dominion of Wales, by any Prothonotary, Clerk or Clerks, or other I Officer or Officers of the faid Courts refpeftively : (3) And that from and after the Day and Year afore- { faid, the faid Fee of Damna Clericoriim, or Damage Cleer, fhall wholly ceafe and be for ever abolifhed in I the faid Coui'ts ; (4) and that if any Prothonotary Clerk or Clerks, or other Officer in any of the faid { Courts, ftiall taVce or exadl anj' Sum or Sums of Money in the Name of Damna Clericorum, or Damage ' Cleer, or any Thing in Lieu thereof, after the Day and Year above-mentioned ; fs) or if any of the faid )' Prothonotaries, Clerk or Clerks, or their Deputies, at any Time before the faid twenty-ninth Day of i Septe?nher in the Year aforefaid, fliall exaft or take any Damage Cleer, or Sum of Money, Bond or Secu- I rity in Lieu thereof, from any Plaintiff or Plaintiffs, Demandant or Demandants, in any Action wher6 Damages have been or hereafter fliall be recovered in any of the faid Courts ; (6) or {hall refufe or delay -! to fign any Judgment until Damage Cleer be firft paid by the Plaintiff" or Demandant (which are not to ' be paid, unleis forth of the Monies levied from, or paid by the Defendants, as is herein after provided aiid j mentioned) J (7) he or they fo offending fhall forfeit treble the Sum fo taken, ex;afl:ed or demanded, t(> ■ the Party or Parties grieved, to be recovered by Bill, Plaint or Information in any of the faid Courts^ i wherein no E/Toin, Proteclion or Wager of Law Ihall be allowed. ! In what Cafes HL Provided, and be it further enafted, That until the nine and twentieth Day oi September, which {halt only they may be in the Year of our Lord God one thoufand fix hundred feventy and two, and iio longer, the Darriage f be taken until Cleer {hall be paid, anfwered and allowed, out of fuch Sum and Sums of Money only, as {hall be adtualTy the ?9th of levied, or otherwife paid by or from the Defendants, and only for the Proportion of the Sum and Sums ef 1 ep em en 72. jyfgj^gy which fhall be fo levied or otherwife paid as aforefaid, and no more, or otherwife. CAR VIL An A61 for a more fpeedy and efFedual Proceeding upon Diftrefles and Avowries for Rents. 3t 7/. 8. c, 37. ' Tj. Orafmuch as the ordinary Remedy for Arrearages of Rents, is by Diftrefs upon the Lands chargeable 1 ' i^ therewith ; and yet neverthelefs by Reafon of the intricate and dilatory Proceedings upon Replevins^ ' that Remedy is become ineiFe^lual :' Plaintiff in R.e. H. For Remedy thereof, It is enadled by the King's moft Excellent Majefty, with the Advice and Affent plevin being of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by Autho- noniuit before rity of the fame. That whenfoever any Plaintiff in Replevin ftiall be nonfuit before Iffue joined, in any Wue joined. g^^ijj. g£ j^epjevjjj by Plaint or Writ lawfully returned, removed or depending, in any of the King's Courts HowtheDefen- at Wcftminjhr, That the Defendant making a Suggeftion in Nature of an Avowry or Cognizance for fuch ilint may avow. Rent, to afcettain the Coiut of the Caufe of Diftrefs, the Court upon his Prayer {hall award a Writ to the Sheriff of the County where theDiilrefs was taken, to enquire by the Oaths of twelve good and lawful Men of his Bailiwick, touching the Sum in Arrear at the Time of fuch Diftrefs taken and the Value of the Goods or Cattle diftrained : (2) And thereupon Notice of fifteen Days {hall be given to the Plaintiff or his Attorney in Court, of the Sitting of iuch Enquiry; (?) and thereupon the Sheriff fliall inquire of of the Truth of the Matters contained in fuch Writ, by the Oaths of twelve good and lawful Men of his County: (4) And upon the Return of fuch Inquifition, the Defendant fhall have Judgment to recover againft the Plaintiff' the Arrearages of fuch Rent, in cafe the Goods or Cattle diftrained fliall amount unto that Value : (^) And in cafe they fliall not amount fo that Value, then fo much as the Value of the faid , The Plaintiff Goods and Cattle fo diftrained fhall amount unto, together v.'ith h_is full Cofts of Suit; (6) and fliall have nonfuit after Execution thereupon by Fieri facias or Ekglt, or otherwife as the Law {hall require. (7) And in cafe fuch Avowry made, Plaintiff fhall be nonfuit after Cognizance or Avowry made, and Iffue joined, or if the Verdi6t fhall be at the Prayer of the Defendant inquire concerning the Sum of the Arrears, and the Value of the Goods or ^. Cattle diftrained : (8) and thereupon the Avowant, or he that makes Cognizance, fliall have Judgment for fuch Arrearages, or ib much thereof as the Goods or Cattle diftrained amount unto, together with his full Cofts, and {hall have Execution for the fame by Fieri facias or Elegit, or otherwife, as the Law fhall require. Tiiiiement upon III. And be it further enafted by the Authority aforefaid, That if Judgment in any of the Courts afftre- Dcmurrer for tlie fajd be given upon Demurrer for the Avowant, or him that malceth Cognizance for any Rent, the COiJrt Afortant. ^^j[ ^j. ji^g Pi-ayer of the Defendant award a Writ to inquire of. the Value of fuch Diftreis; (z) and upon the Return thereof Judgment fhall be given for the Avovv'ant, or him that makes Cognizance as aforefaid, for the Arrears all edged to be behind in I'uch Avowry or Cognizance, if the Goods or Cattle fo diftrained fhall amount to that Value j and jn cafe they fhall not attioant to that Value, then for fo much as the faid 4 - Goods
 * your Majefty's Subjcdls who have good Caufe, and are put to fue for Damages in Actions where Damages j
 * are recoverable:' '
 * • given againft Iuch Plaintiff; then the Jurors that are impanelled or returned to inquire of fuch Iffue, fhall