Page:Ruffhead - The Statutes at Large - vol 5.djvu/459

 A.D. 1721. Anno o&avo Geo rgi 1 Regis. C. 25. 413 tificate under his or their Seal, certified into Chancery' in like Manner as Recognizances by the faid re- cited Act are directed, and as if the faid Recognizance had not been loft or damaged ; and that to fiich Certificate, and all other Certificates of fuch Recognizances, fhall be annexed a true Tranfcript of the Entry of fuch Recognizance to be taken from the faid Roll or Rolls in his or their Cuftody ; and furthet, that in cafe of any fuch Lofs or Damage, a like Certificate, with fuch Tranfcript annexed as afore faid, fhall be made, and be left and remain with the Clerk of the Petty-Bag-Office in Chancery, and fhall be as good and effectual as if the faid Recognizance under Seal had been left in the fame Office, as hath and in cafe of been ufed upon the ilfuing out ofProcefs in the fame Office; and that in order to prove fuch Statures Lofs, a Copy and Recognizances, in cafe of any Lofs or Damage, a true Copy or Copies from the faid Roll or Rolls, { '°" 1 lh "'K°"» in the Cuftody of the faid Clerk, or his Deputy, made and figned by the faid Clerk or his Deputy, and n^ifbc^Kood duly proved, fhall be deemed good Evidence of fuch Recognizances, and be- of the fame Validity, to all Evidence «f fuch Intents and Purpofes, as if the faid original Recognizances were produced under Seal. Statute. ' III. And whereas by the faid Statute of the twenty-third of King Henry the Eighth, there was due 23 H. s. c. 6. • to his Majefly a Fee of one Half-penny in the Pound (according to the Value or Sum entred into and Th - Profceutor ' contained in every fuch Recognizance) to be paid on fealing the rirft Procefs on evey fuch Recognizance, < ^''" o < l^ ll " r »l nl;0 4 as in the faid Act is appointed, which is very heavy on every Prcfecutor on every fuch Recognizance teftifyin?the° ,e • by Rcafon fuch Sum fo entred into, is fometimes only intended as a Penalty for the Payment of a lefier Sum intended to ' Sum, or for fecuring Damages for the Non-performance of Covenants, or otherwife ; And whereas the be extended. 1 Fees and Charges taken or demanded by Sheriffs in getting an Extent or Execution, and Liberate and ' Poflcffion or Seifin, executed on every fuch Recognizance, are very expenfive, in regard the fame are ' not fettled :' For Remedy in all and every the faid Cafes, Be it further enacted by the Authority afore - faid, That the Profceutor of every fuch Recognizance fhall, at the Time of fuing out the firft Procefs, or a Writ of Extent thereon, deliver in to the Officer (who fhall make out fuch Procefs or Extent) a Note in Writing under his Hand, teftifying the Sum or Value of the Damages thereby intended to be ex- tended or levied thereon, which Sum or Value the faid Officer fhall infert in the faid Writ to be only Qn extended or levied thereon, and no more; and that the faid Poundage of one Half-penny payable on all perPoundoni" 5 ' Procefs as aforefaid, fhall be taken and paid only for every Pound, according to the faid Sum or Value fo to be taken a/' inferted, and intended to be extended or levied as aforefaid, and not otherwife. Poundage. IV. Provided always, and it is hereby further enacted by the Authority aforefaid, That in cafe it fhall, In what Cafes at any Time or Times, before or after the Filing or Returning of any Liberate or Liberates fued out on the Chancery any fuch Extent or Extents, be made appear to the Court of Chancery, that fufficient has not been ex- m * y award Re- tended and levied, or fufficiently extended and levied, to fatisfy fuch Recognizance, or that any Omiffion, ex 1 Error or Miftake has happened in making, fuing out, executing or returning any of the faid Writs, or any Procefs thereupon ; or fhould it happen that any Lands, Tenements or Hereditaments, fhall hereafter be evicted from any Perfon or Perfons, who fhall have extended the fame by Virtue of any fuch Writ or Procefs as aforefaid ; that then and in every fuch Cafe the faid Court of Chancery fhall and may award one or more Re-extent or Re-extents for the fatisfying the fame as aforefaid, and that Writs of Liberate or Liberates may be fued out thereupon ; any Law or Statute to the contrary thereof in any wife not- withstanding. V. And be it further enacted by the Authority aforefaid, That no Sheriff of any County fhall take for N ° Sheriff ftall the Extent and Liberate, and Habere facias PoJJiffionem or Seijinam, on the Real Eftate, and levy on the * ha „ "eTppomt- Perfonal Eftate, by Virtue of fuch Extent, any more than the fame Fees as are appointed by an Act made e d by the Act in the third Year of his prefent Majefty's Reign, intituled, An Acl for the better regulating the Office of '3 Geo. i.e. 15. 'Sheriffs, and for afcertaining their Fees, and the Fees for fuing out their Patents and faffing their Accounts, for feft - l6> executing a Writ of Elegit and Habere facias Poffieffionem or Selfmam, under the like Penalties and Forfeitures, and to be in like Manner recovered againft every Sheriff" or Perfon therein offending, as the fame are men- tioned and appointed in and by the fame Act. ' VI. End whereas the Provifion which by an Act of Parliament made in the twenty-ninth Year of the 1 ' Reign of King Charles the Second, intituled, An Acl for Prevention of Frauds and Perjuries, was made 29 Car. z. c. 3. ' for letting down the Day of the Month and Year of figning Judgments in his Majefty's Courts oilFeJl- fca - H- • minfter, hath proved very beneficial to Purchafers, but hath not yet been extended to the Courts of the i Principality of Wales, or of the Counties Palatine :' Be it therefore enacted by the Authority aforefaid, How Judgment That from and after the twenty-fourth Day of June one thoufand feven hundred and twenty-two, any "»all be figned in judge or Officer of any of the Courts of Great Seffion in the Principality of Wales, or Courts of J^S™^^ Seffion in the Counties Palatine of Chefler, Lancafer and Durham, that fhall fign any Judgments, fhall Wales and in at the figning the fame, without Fee for doing the fame, fet down the Day of the Month and Year of his the Courts of fo doing, upon the Paper Book, Docket or Record which he fhall fign, which Day of the Month and Seffion in the Year fhall be alfo entred upon the Margent of the Roll of the Record where the faid Judgment fhall be Counties Pala- entred, and that fuch Judgments, as againft Purchafers bona fide for valuable Consideration of Lands, "hat Tim tl" 1 Tenements or Plereditamets to be charged thereby, fnall in Consideration of Law be Judgments only fhjn re iate. ^ from fuch Times as they fhall be fo figned, and fhall not relate to the firft Day of the Seffion whereof Farther nmtm- they are entred, or the Day of the Return of the Original or Filing the Bail j any Law, Ufage or Courfe ngWaUt, fie of any Court to the contrary notwithftanding. 6 J"'c- C - + ' c. 4.2. CAP. XXVI.