Page:Ruffhead - The Statutes at Large - vol 6.djvu/363

 A. D. 1738. Anno undecimo Georgii II. C. 20. 301 1 dred and thirty-eight, it fhall and may be lawful to and for all Defendants in Replevin to avow or Defendants in make Conuzance generally, that the Plaintiff in Replevin, or other Tenant of the Lands and Te- Re P |cv j" to . nements whereon fuch Diftrefs was made, enjoyed the fame under a Grant or Demife at fuch a fhePiaintiffhe'd certain Rent, during the Time wherein the Rent diftrained for incurred, which Rent was then and the Premifle* at ftiil remains due; or that the Place where the Diftrefs was taken was Parcel of fuch certain T ene- % " rtain Rent ' mints, held of fuch Honour, Lordfhip or Manor, for which Tenements the Rent, Relief, Heriot ' or other Service diftrained for, was at the Time of fuch Diftrefs and ftill remains due ; without fur- ther letting forth the Grant, Tenure, Demife or Title of fuch Landlord or Landlords, Leffor or Leffors, Owner or Owners of fuch Manor ; any Law or Ufage to the contrary notwithstanding : And if the Plaintiff or Plaintiffs in fuch Action fhall become nonfuit, difcontinue his, her or their Action, or have Judgment given againft him, her or them, the Defendant or Defendants in fuch Replevin fhall recover double Coits of Suit. XXIII. And to prevent vexatious Replevins of Diftreffes taken for Rent, Be it enacted by the To prevent vex- - Authority aforefaid, That from and after the faid twenty-fourth Day of June one thoufand feven a f' ous Re P 1,: -. hundred and thirty-eight, all Sheriffs, and other Officers having Authority to grant Replevins, may vms " and (hall in every Replevin of a Diftrefs for Rent, take in their own Names, from the Plaintiff, and two refponfible Perfons as Sureties, a Bond in double the Value of the Goods diftrained (fuch- Value to be afcertained by the Oath of one or more credible Witnefs or Witneffes not interefted in the Goods or Diftrefs, which Oath the Perfon granting fuch Replevin is hereby authorized and required to adminifter) and conditioned for profecuting the Suit with Effect and without Delay, and for duly returning the Goods and Chattels diftrained in cafe a Return fhall be awarded, before any Deliverance be made of the Diftrefs ; and that fuch Sheriff,, or other Officer as aforefaid, taking any Replevin Bonds fuch Bond, fhall at the Requeft and Colts of the Avowant or Perfon making Conuzanee alfign r^h may be affignod, Bond to the Avowant or Perfon aforefaid, by indorfing the fame, and attefting it under his Hand and Seal in the Prefence of two or more credible Witneffes ; which may be done without any Stamp, provided the Affignment fo indorfed be duly ftamped before any Action brought thereupon ; and if the Bond fo taken and afligned be forfeited, the Avowant, or Perfon making Conuzance, may bring an Action and recover thereupon in his own Name; and the Court where fuch Action fhall be brought may by a Rule of the fame Court give fuch Relief to the Parties upon fuch Bond, as may- be agreeable to Juftice and Reafon ; and fuch Rule fhall have die Nature and Effect of a Defeaz- ance to fuch Bond. CAP. XX. An Act for the more effectual lecuring the Payments of certain Sums of Money "directed by an' Act made in the forty-third Year of the Reign of Queen Elizabeth, intituled, Ah Act for Relief of the Poor, to be paid by the reflective Treafurers of every County in England and Wales, for the Relief of the poor Prifoners of the King's Bench and Marfhalfca Prifons. VV Eeizabeth, intituled, An Ail for Relief of the Poor, a Provifion is made for raifing, collect- citing the Act ' ing and paying the feveral Sums of Money therein mentioned, for and towards the Relief of the £3 £}»*• <r "-^ ' poor Prifoners of the King's Bench and Marjbalfea Prifons, the good Intent of which Act hath not c. 20. 1 been anfwered for want of a proper Method to enforce the Payment of the faid Money by the 8 & 9 W.. ' Treasurers of the feveral Counties, who are directed by the faid Statute to pay the fame;' For J^ JZ ^ Remedy thereof, be it enadted by the King's moft Excellent Majefty, by and with the Advice and c. 19. Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, id™, ft. 2. c.6, and by the Authority of the fame, That from and after the twenty-fourth Day of June which fhall ~Ga^ i.'-c! a. be in the Year of our Lord one thoufand feven hundred and thirty-eight, every Treafurer of every u c», 1. c. 22. County within England and Wales fhall on or before the firft Day of Trinity Term yearly and every Treafurers of Year pay over to the Lord Chief Juftice of England, and Knight Marfhal for the Time being, or the U MonTes > to >3B to fuch Perfon or Perfons as they fhall refpectively appoint, taking their Acquittances for the fame, th&Lord ciuef- or in Default of the faid Chief Juftice to the next moft ancient Juftice of the King's Bench, the feve- J"^ ice > &c - ral and refpective Sums of Money which fhall be then due from every fuch respective County, equally to be divided between the Prifoners of the King's Bench and Marfhalfca Prifons for the charitable Purpofes in the faid Act in that Behalf mentioned. II. And be it further enacted by the Authority aforefaid, That if any fuch Treafurer fhall neglect or on Refufai; or refufe to pay over fuch refpective Sums of Money, or any Part thereof, in Marnier aforefaid, that to be compelled- then upon the Report of the faid Chief Juftice, or of the faid next moft ancient Juftice of the faid Court £ m Jl Bench, of Kiftg's Bench, being made, or upon the Certificate of the faid Knight Marfhal, or the Certificate or Certificates on Oath of fuch Perfon or Perfons as they fhall appoint to receive the fame,, being delivered to the- faid Court, of fuch Neglect or Refufal, it mall and may be lawful for the faid Court of King's Bench to make a Rule on every fueh Treafurer fo neglecting or refufing as aforefaid, re- quiring fuch Treafurer to pay the Money fo reported or certified to be due as aforefaid ; and Obe- dience to fuch Rule fhall and may be enforced by the faid Court in fuch Manner and by. fuch Ways. and Means as Rules of the faid Court of King's Bench are ufually enforced.. III. And that the faid Treafurers may be the better amenable to the faid Court of King's Bench ; Treafurers to- Be it further enadted by the Authority aforefaid, That every Perfon who now is or hereafter fhall s ive in their be elected, or appointed- Treafurer of any County in England or Wales, fhall, within thirty. Days after- i^e'cierifof the the Crown:
 * TT7HEREAS by an Aft made in the forty-third Year of the Reign of her late Majefty Queen preamble, re-