Page:Ruffhead - The Statutes at Large - vol 6.djvu/250

 i88 C. 16. Anno o&avo Georgii II. A. D. '735. Delivery. How the High Conftable mall hereimburfed in the Plainfiff be nonfuited, Sheriff not fuch Writ or Writs of Execution, as (hall iffue or be made out upon any Judgement, which (hall be re- maife aRetu n coveret ^ m an Action brought againft any hundred, by virtue of the above mentioned Statutes, or either tTthe Writ" r tiU of them, until after the Expiration of fixty Days next after the Day whereupon fuch Writ or Writs (hall 60 Days after be delivered to the faid Sheriff, who is hereby required to indorfe, on the Back thereof, the Day on which he received the fame. ' VII. And whereas it is reafonable that the faid High Conftable or High Conffables mould be indem- ' nified as to all Charges which he or they mould neceffarily expend in defending any Suit in purfuance ' of this prefent Act, and that Provifion mould be made for reimburfing him or them, not only all fuch ' Expences as (hall be over and above the taxed Cofts to be paid by the Plaintiff or Plaintiffs in cafe of a ' Nonfuit, or Difcontinuance, or Judgment or Demurrer againft him, her or them, or Verdict for the ' Defendants, as aforefaid, but even fuch taxed Cofts alfo, in cafe the Plaintiff or Plaintiffs, and his, ' her or their Sureties, who (hall be bound for the Payment thereof, (hall happen to become infolvent ;" Be it therefore enacted by the Authority aforefaid, That if any Plaintiff or Plaintiffs, in any Action to be brought againft any Hundred upon the Statutes above-mentioned, or either of them, fhall be non- fuited, or fhall difcontinue his, her or their Action, or fhall have a Judgment or Demurrer given, or a Verdict pafs againft him, her or them, it (hall and may be lawful for any two Juftiees of the Peace (fuch as are herein before mentioned) upon Complaint to them made for that Purpofe, and upon an Account given in by fuch High Conftable or High Conftables, and Proof made upon Oath to the Satif- faction of the faid Juftiees of fuch Expences neceffarily laid out as aforefaid (which Oath the faid Ju- ftiees are hereby impowered and required to adminifter) to make and caufe fuch Taxation and Affeff- ment to be made, and to be levied and collected in fuch Adanner, as is directed in and by the above- mentioned Statute made in the twenty-feventh Year of the Reign of Queen Elizabeth, as aforefaid,. in order thereby to reimburfe fuch High Conftable or High Conftables all fuch Charges as he or they (hall have neceffarily expended in defending fuch Action, wherein fuch Plaintiff or Plaintiffs fhall have been nenfuited, or fhall have difcontinued his, her or their A6tion, or againft whom Judgment (hall have been given upon Demurrer, or a Verdict (hall have been given, over and above the Cofts in thofe Cafes to be taxed as aforefaid ; and in cafe it (hall be made appear upon Oath to the faid Juftiees of Peace (which Oath the faid Juftiees are hereby alfo impowered and required to adminifter) to their Sa- tisfaction, that fuch Plaintiff or Plaintiffs, and alfo his or their Sureties, is and are infolvent, fo that the faid High Conftable or High Conftables can have no Relief, as to fuch taxed Cofts by them expended in fuch Defence as aforefaid (fave only by the Power herein after given to the faid Juftiees) it fhall and may be lawful to and for fuch two Juftiees of the Peace to make and caufe a Taxation and Affeflment ro be made, and to be levied and collected, in the fame Manner as is directed in and by the aforefaid Statute made in the Reign of Queen Elizabeth, in order thereby to reimburfe fuch High Conftable or High Conftables fuch taxed Cofts, as, by reafon of fuch Infolvency, he or they fhall not be able to recover and receive of and from the Plaintiff or Plaintiffs in the Action, or his or their Sureties, as aforefaid. VIII. And be it further enacted by the Authority aforefaid, That the feveral Sum or Sums of Mo- ney, which fhall be rated, and affeffed and levied, and collected, as aforefaid, for the Reimburfement of Sable fo be paid the Expences neceffarily fuftained by any High Conftable or High Conftables, in Defence of any Action withm 10 Days, brought againft the Hundred, upon the Statutes above-mentioned, or either of them, in cafe of any Judgment given againft the Plaintiff or Plaintiffs, (hall be paid, within ten Days after fuch Collection, unto the faid Juftiees, or one of them, to the Ufe and Behoof of fuch High Conftable or High Conftables, to whom the faid Juftiees fhall upon Requeft pay and deliver over the fame. IX. And to the Intent that Hue and Cry may be made with more Diligence and Effect, and other Perfons encouraged to take. fuch Felon or Felons; Be it further enacted by the Authority aforefaid, That any Perfon or Perfons who fhall apprehend fuch Felon or Felons, within the Time herein before limited for that Purpofe, whereby the Hundred hath been actually indemnified or difcharged from any fuch AcSion, as aforefaid, fhall upon due Proof thereof upon Oath made before fuch two Juftiees as. aforefaid (which Oath the faid Juftiees are hereby alfo impowered and required to adminifter) be inti- tled to the Reward of ten Pounds (which Sum fhall be raifed upon the Hundred by a Taxation and Af- feffment, to be made, and to be levied and collected in the fame Manner as the other Sums of Money by this prefent Aft appointed to be raifed upon the Hundred are directed to be affeffed, levied and col- lected) and fuch Sum of ten Pounds, which fhall be fo rated, affeffed, levied and collected, as aforefaid, fhall be paid unto two fuch Juftiees of the Peace, within ten Days next after the fame lhall be fo levied and collected, to the Ufe of the Perfon or Perfons who (hall be thereunto intitled, as a Reward for having fo apprehended fuch Felon or Felons as aforefaid ; and fuch Juftiees fhall, upon reafonable Re- queft made for that Purpofe, pay over and deliver the faid Sum to fuch Perfon or Perfons accordingly, in fuch Shares and Proportions as the faid Juftiees fhall think reafonable : Provided always, That fuch Perfon or Perfons, fo intitled to fuch Reward, fhall not be thereby rendred incapable to be a Witnefs in any fuch Action. X. And be it alfo enacted by the Authority aforefaid, That the Juftiees of the Peace by whom fuch Taxations and Affeffments, as aforefaid, fhall, in purfuance of the faid Statute made in the twenty- feventh Year of the Reign of Queen Elizabeth, and alfo of this prefent Act, be made, fhall limit and appoint at their Difcretion fome certain reafonable Time within which fucffTaxations and Affeff- Penaity on Co!- ments fhall be levied and collected, which Time fhall not exceed thirty Days ; and alfo that if any fuch ing theirDuty." Officer or Officers, who are to levy and collect out the fame within fuch Time as fhall be limited and ap- pointed by the faid Juftiees of the Peace for their doing thereof, or fhall refufe or neglect to pay and de- liver over the Sums of Money, fo levied and collected, to the faid Sheriff, and alfo to the faid Juftiees, Money levied for reimburfing the High Con 10 1. Reward for apprehend- ing a Felon, fo as ro indemni- fy the Hundred How the A f- feffmems are to be made.