Page:Ruffhead - The Statutes at Large - vol 3.djvu/652

 596 C. 6. Anno feptimo & o(3:avo GuLiELMi III. A.D, i696^ Jive Allowance, ajicl Compofitions fo fubfiraded or with-held, as they fhall judge to be juft and reafonable, and alfo fuch w;ih Cofis not Qoiia and Cliarpcs, not exceeding ten Shillings, as upon the Merits of the Caufe fliali appear juft. extcedins ic s. jj,_ y,^j.^j 1^^ jj. (^,„h£r enafted, That if any Peifon or Perfons fliall refufe or negledt, by the Space of OnRefufol 10 ten I'Jays after, Notice given, to pay or fatisfy any fuch Sum of Money, as upon fuch Complaint and Pro- fiay in 10 D.iys cecdiiig fliall by two or more Juflices. of ihc Peace be adjudged as aforefaid, in every fuch Cafe the Con- fthcr Notice, the ^.^[j|„g ^,jj Churchv/ai dcns of the faid Parilh, or one of them, fliall, by Warrant under the Hands and. ir,ay diflrain '^' Seals of the faid Juftices to them direiSkd, diftrain tlie Goods and Chattels of the Party fo refufing or ne- Jmi aitcr 3 u.iys glecSting as aforefaid, and after detaining them by the Space of three Days, in cafe the faid Sum fo ad- fcil the fjme, judged to be paid, together with reafonable Charges for making and detaining the faid Diftrefs, be not ten- and fatisfy the j^ej q,- paid by ijig faid Party in the mean Time, fhall and may make publick Sale of the fame, and pay Sum an^Ctir.r- ^^ the Party complaining fo much of the Money arifing by fuch Sale as may fatisfy the faid Sum fo ad- tl"' Oy'e'rpb'sf judged, retaining to themfelves fuch reafonable Charges for making and keeping the faid Diftrefs, as the: faid Juftice fliall think fit, and fhall render the Overplus (if any bej to the Ov/ner. Jurtices to ad- IV. Provided always, and be it enacted, That it fhall and may be lawful for all Juftices of Peace, in the irinifleranOath. Examination of all Matters offered to them by this Aft, to adminifter an Oath or Oaths to any Witnefs or WitnefTes, where the fame fhall be necelTary for their Information, and for the better Difcovery of the. Truth. Not to extend to V. Provided alfo, and be it enafted, That this Aft, or any thing herein contained, fhall not extend to London, nor any Tithes, Oblations, Payments or Obventions within the City of London^ or Liberties thereof, nor to any Place othsr- ^ny Other City or Town Corporate where the fame are fettled by any Aft of Parliament in-that Cafe pat- plrii^ment ^^ ticularly made and provided. ar lamen. yj^ Provided alfo, and be it enafted. That no Complaint for or concerning any fmall Tithes, Offerings, No Ccmplaint Oblations, Obventions or Compofitions hereafter due, Ihall be heard and determined by any Juftices of the lefs made w'itWn P^'^'^^''. ^y virtue of this Aft, unlefs the Complaint fhall be made within the Space of two Years next after " 2 Years. the Times that the fame Tithes, Oblations, Obventions and Compofitions did become due or payable v any thing in this Aft contained to the contrary notwithftanding. Perfons aggriev- V'll. Provided alfo, and be it enafted. That any Perfon finding him, her or themfelves aggrieved, by^ ed to pppeal to any Judgment to be given by any two Juftices of the Peace, fhall and may appeal to the next General Quar- the Sefijons, ter-Seffions to be held for that County, Riding, City, Town Corporate or Divifion, and the Juftices of termini the '^" ^^ Peace there prefent, or the major Part of them, fhall proceed finally to hear and determine the Matter^ Matter. and to reverfe the faid Judgment, if they fhall fee Caufe ; and if the Juftices then prefent, or the major If Judgment be P^rt of them, fhall find Caufe to confirm the Judgment given by the firft two Juftices of the Peace, they confirmed, Juf- fhall then decree the fame by Order of Seflions, and fhall alfo proceed to give fuch Cofts againft the Ap- ticestogive pellant, to be levied by Diftrefs and Sale of the Goods and Chattels of the faid Appellant,, as to them fhall ^°^^- feem juft and reafonable ; and no Proceedings, or Judgment had, or to be had by virtue of this Aft, fhall No Judgment to ^e removed or fuperfeded by virtue of any Writ of Certiorari^ or other Writ out of His Majefty's Courts at leVthe'TiUe^be ^^ii^^ninjler, or any other Court whatfoever, unlefs the Title of fuch Tithes, Oblations, or Obventions^ in queftiori. ^iXS. be in Qi^ieftion ; any Law, Statute, Cufiom, or Ufage to the contrary notwithftanding. Perfons com- VIII. Provided always, and be it enafted. That where any Perfon or Perfons complained of for fubftraft- plaincd of, in- ing or withholding any fmall Tithes, or other Duties aforefaid, fliall before the Juftices of the Peace to lifling on any v/hom fucb Complaint is made, infift upon any Prefcription, Compofition, ox Modus decimandi, Agree- Compofition, ment, or Tide, whereby he or fhe is or ought to be freed from Payment of the faid Tithes, or other Dues Se'cuHt'' f™"^ ^n Queftion, and deliver the fame in Writing to the faid Juftices of the Peace, fubfcribed by him or her, Cofts juftices ^""^ ihall then give to the Party complaining reafonable and fufficient Security, to the Satisfaftion of the nottogivejudg- faid Juftices, to pay all fuch Cofts and Damages, as upon a Trial at Law to be had for that Purpofe, in any ment. of His Majefty'« Courts having Cognizance of that Matter, fhall be given againft him, her or them, in cafe the faid Prefcription, Compofition, or Modus dedmaiidi, fhall not upon the faid Trial be allowed j that in that Cafe the laid Juftices of the Peace fhall forbear to give any Judgment in the Matter ; and that .And Complain- then and in fuch Cafe the Perfon or Perfons fo complaining fhall and may be at Liberty to profecute fuch. ant inay profe- Perfon or Perfons for their faid Subftraftion in any other Court or Courts whatfoever, where he, fhe, or cute in any other they might have fued before the making of this Aft; any thing in this A6t to the contrary notwith- c«"ft'_ ftanding. Judgment to he -f-^' ■'^^"^ ^^ ■'' further enafted by the Authority aforefaid,. That every Perfon and Perfons, who Ihall by inroiled at the virtue of this Aft obtain any Judgment, or againft whom any Judgment fhall be obtained, before any Juf- jient ScRions by tices of the Peace out of Seffions, for fmall Tithes, Oblations, Obventions or Compofitions, fhall caufe theClerksof the f,r procure the faid Judgment to be inroiled at the next General Quarter-Seffions to be holden for the faid ^"'^'^^ County, City, Riding or Divifion ; and the Clerk of the Peace for the faid County, City, Riding or Di- vifion, is hereby required upon Tender thereof, to inrol the fame; and that he fliall not afk or receive for the Inrollment of any one Judgment any Fee or Reward exceeding one Shilling; and that the Judgment and to bar vi- fo inroiled, and Satisfaftion made by paying the fame Sum fo adjudged, fliall be a good Bar to conclude the cars from any Ifaid Reftors, Vicars and other Perfons, from any other Remedy for the faid fmall Tithes, Oblations, Ob- cther Remedy, lyeiitions or Compofitions, for which the faid Judgment was obtained. Perfons remov- 5^- And be it further enafted by the Authority aforefaid. That if any Perfon or Perfons, againft whom ing, Juftices may any fuch Judghient or Judgments fhall be had as aforefaid, fhnll remove out of the County, Riding, City,. certify the Judg. cr Corporation, after Judgm"ent had as aforefaid, and before the levying the Sum or Sums thereby adjudged lh!i'kTccs''by War- ^° ^^ levied, the Juftices of the Peace who made the fiiid Judgment, or one of them, fhall certify the fame, irant may levy^"^" under his or their Hands and Seals, to any Juftice of Peace of fuch other County, City or Place, wherein the Sum ad- the faid Perfon or Perfons fhall be Inhabitants ; which faid Juftice is hereby authorized and required, by judged. Warrant under his Hand and Seal, to be direfted to the Conftables or Churchwardens of the Place, or one of them, to levy the Sum or Sums fo adjudged to be levied, as aforefaid, upon the Goods and Chattels of 3 fuch