Commission the Defend ’ may plead not guilty or Justifie and the whole matter shall be brought in Evidence according to the very truth thereof and if the verdict pass for the Defend ’ he shall have his costs 26. The Commissioners shall proceed to Execution notwithstanding the death of the Bankrupt 27. All laws made against Bankrupts shall be construed beneficially for the Creditors 28. Persons of Trade and Scriveners that procure protection except of Parliament and all such as by exhibiting petitions endeavour to compel their Creditors to take less than their due debts or to gain time for the payment thereof or being indebted in 100 l. or more shall not satisfie the same within 6 months after the same grows due and the Debtor arrested or within 6 months after the original writ sued out and notice given thereof in writing at the place of his abode or after arrest escape out of prison or procure enlargement by putting in common bayle shall be adjudged Bankrupt and in case of arrest from the time of the arrest 29. Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall also be pursued against him that by this act is prescribed to be a Bankrupt and proceedings provided by this act shall be pursued against him that is described in the other 2. 30. The Bankrupts wife shall also be examined upon oath and if she appear not or refuse to be examined she shall incurr the punishment inflicted by the former lawes in like cases 31. The Bankrupt that fraudulently concealeth his goods or tendreth not some just reason why he became Bankrupt shall after conviction be set in the pillory and lose one of his ears 32. The Commissioners may by themselves or others break open the Bankrupts house or chests c. where his Estate is or is reputed to be and then seise and order his body or Estate as by the former laws is ordained 33. In the Distribution of the Bankrupts Estate no more respect shall be had unto debts upon Judgment Recognizances specialties with penalties or the like than to other debts 34. The Commissioners may proceed when the Bankrupt by fraud makes himself accomptant to the King 35. Another mans goods in the Bankrupts possession shall be also distributed by the Commissioners as the Bankrupts own goods 36. The Commissioners grant of the Bankrupts entailed Estate shall be good except when the reversion or remainder is in the King 37. No Purchaser shall be impeached by this or the former act unless the Commission be sued forth within 5 years after he becomes bankrupt 38. This act as also all the former shall extend to Strangers both Aliens and Denizens as well as to subjects born as well to be relieved as also to be subject to the penalty thereof 39. Whereas divers Noblemen and Gentlemen not brought up in trade have notwithstanding put great stocks into the East India and Guiny company it is declared that no person adventurer for putting in mony or Merchandize into the said Companies or for adventuring or managing the fishing called the royal fishing Trade shall be taken or reputed a merchant or trader within any stat ’ for Bankrupt or be lyable to the same 40. Provided that persons Trading or trafficking in any other manner than in the said companies or fishing shall be lyable to the Commission of Bankrupts Baron and Femme ALL marriages shall be adjudged Lawful that are not prohibited by Gods Law Brief 1. IN Original Writs where Exigent shall be awarded Addition of the Defendants condition and dwelling shall be inserted 2. Outlawries otherwise prosecuted shall be void 3. Surplusage of Additions shall not prejudice albeit the writ do therein vary from the Records and Deeds 4. The Clerks of the Chancery shall not omit such additions in pain to be fined at the discretion of the Chancellor 5. Original Writs may be sued upon personal actions against Prisoners in the Fleet and an Habeas Corpus granted to bring them to the Bar to answer any suit or declaration being put in and the defendant not appearing Judgement may be entred by nihil dicit and the Prisoner charged in Execution upon notice hereof to the Warden of the Fleet by rule of Court 6. In Actions of debt and other personal actions and Ejectione firmae in any of the said Courts after Issue joined to be tried by the Jury and after Judgement obtained there shall not need to be fifteen dayes between the Teste and return of any venire fac ’ Hab ’ corpora jurator ’ Distringas Fieri fac ’ or Cap ’ ad satisfac ’ and the want of it shall be no error 7. Provided this extend not to Writs of Cap ’ ad satisfac ’ where any exigent after Judgement is to be awarded nor to any Cap ’ ad satisfac ’ in order to make any bail triable Certiorari CErtioraries shall not be allowed unless the Indicted will become bound with sufficient sureties such as the Justices of Peace in Sess ’ shall like of to pay to the prosecutor within one month after conviction such costs and damages as the said Justices shall assess Conditions 1. GRantees of Reversions may take advantage of conditions and covenants against Lessees of the same Lands as fully as the Lessors their heirs or successors might have done 2. Lessees may also have the like remedy against the grantees of Reversions which they might have had against their Lessors or Grantors their heirs or successors all advantage of recoveries in value by reason of any Warranty in deed or Law by voucher or otherwise only excepted Costs 1. THere shall be no costs awarded to the Defendant when any Action is sued to the Kings use 2. In personal Actions in the Courts at Westminster being not for land or battery when it shall appear to the Judges and so by them signified that the debt or damage to be recovered amount not to the summe of 40 s or above the said Judges shall award to the plaintiff no more costs than damages 3. If the defendant or plaintiff be non-suit or overthrown by lawful trial in any action whatsoever the tenant or defendant shall have costs to be assessed and levied by the 23 H. 8. c. 15. 4. If any person sue a writ of Error to reverse a Judgement after verdict and the said Judgement is afterwards affirm'd he shall pay to the defendant in the Writ of Error double Costs to be assessed by the Court where such Writ of Error shall be depending 5. In all actions of Trespass Assault and Battery and other personal actions wherein the Judge at the trial of the cause shall not find and certifie under his hand upon the back of the Record that an Assault and Battery was sufficiently proved or that the freehold or title of the Land was chiesly in question the plaintiff shall have no more costs than damages in cases the Jury find
present Session of Parliament and for any title or cause hereafter accruing within 20 years after such title or cause so accruing otherwise such title shall be for ever barred and the party claiming utterly excluded from entry 10. None now having any right or title of entry into any Mannors Lands Tenements or Hereditaments now held from him or them shall thereinto enter but within 20 years next after the end of this Session of Parliament or within 20 years next after any other title accrued And none shall at any time hereafter make any entrie into Lands Tenements or Hereditaments but within 20 years next after his or their right or title which shall hereafter first descend or accrue to the same 11. The titles of any Infant Femme covert non compos mentis one imprison'd or beyond sea are saved so as they commence their suit within 10 years after such imperfections removed 12. All actions upon the case other then for Slander actions for accompt other then such as concern Merchandise Actions of Trespasse debt detinue Trover and Replevin shall be commenced within 3 years after this present Session of Parliament or within 6 years after the cause of suit and not after 13. All actions of Trespass of assault Battery wounding and imprisonment shall be commenced within one year after this Sessions or within 4 years after the cause of suit and not after 14. All actions upon the case for words shall be commenced within one year after this present Session or within 2 years after the words spoken and not after 15. Provided that if in any such actions Judgment be given for the plaint ’ and the same be reversed by Error or a Verdict pass for him and upon motion in arrest of Judgment it is given against him or if the defend ’ be outlawed in the suit and after reverse the Outlawry in these cases the plaint ’ his Heires Executors or Administrators may commence a new action within a year after such Judgment reversed or given against the plaint ’ or outlawry so reversed and not after 16. The right of action in the cases abovesaid is saved to an Infant Femme covert non compos mentis a person imprison'd or beyond sea as they commence their suit within the times above limited respectively after their imperfections removed Maintenance 1. NOne shall buy any pretended right or title to any land unless the Seller hath taken the profits thereof one whole year before such bargain in pain that both the buyer and seller shall each of them forfeit the value of the same Land to be divided betwixt the King and the Prosecutor 2. None shall unlawfully maintain any suit or action retain any person for maintenance imbrace Jurors or suborn witnesses to the hindrance of Justice or the procurement of perjury in pain to forfeit for every such offence 10 l. to be divided betwixt the King and the prosecutor 3. Howbeit purchasing of a pretended title by him that is already lawfully possessed of the thing whereunto title is made is lawful 4. Proclamations shall be made at the Assises of the Statutes made against Maintenance Champertie Embracery and unlawful Retainers 5. The Offenders against this Act shall be porsecuted within one year Market Fair. 1. EVery Seller or Exchanger of a Horse in a Fair or Market which being unknown to the Toll taker or Book-keeper doth not procure one credible person that is well known unto him to vouch the sale of the same horse Also every false voucher and the Toll-taker or Book-keeper that suffers such sale or exchange to pass shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor And besides the sale of such horse shall be void 2. The names of the Buyer Seller and voucher and the price of the horse shall be enter'd in the Toll-book and a note thereof deliver'd to the Buyer under the Toll-takers or Book-keepers hand for which the Buyer shall pay 2 d. 3. Notwithstanding such sale and voucher as aforesaid the right owner or his Executors may redeem a stolne horse if they claim him within 6 moneths after the stealing at the parish or Corporation where he shall find him and make proof by 2 sufficient witnesses before the next Justice of peace in the Country or before the head officer of a Corporation that the horse was his and repay to the Buyer such price for the horse as the same buyer shall upon his own oath before such Justice or officer testifie to have paid for him Nonsuit 1. WHere before Justices of Assise the parties are adjourned for some difficultie in Law upon the matter found in this case the plaint ’ shall not be nonsuited albeit the verdict pass against him 2. Unless the plaint ’ named in any writ Bill or process in B. R. or C. B. shall put into the Court a declaration against the persons arrested in some personal action or Ejectione firmae of Lands or tenements before the end of the term next sollowing after Appearence then a Nonsuit for want of a Declaration may be entred against the plaint ’ in the said Courts respectively Obligation SHeriffes and other officers shall take no bond of any arrested person but for appearance and to themselves onely and shall not take for it more then 4 d. and bonds otherwise taken colore officii shall be void Office 1. NOne shall bargain or sell any Office or Deputation or any part thereof or receive or take any money fee reward or other profit directly or indirectly or any promise agreement bond or assurance to receive any such profit for the same which office shall concern the administration or execution of Justice or the receipt controlment or payment of any of the Kings money or revenue or any Accompt Aulnage Auditorship or surveying of any of the Kings Lands or any of his customes or any administration or attendance in any Custome-house or the keeping of any of the Kings Towns Castles or Fortresses being places of strength or defence or any Clerkship in any Court of Record in pain that the Bargainee thereof shall lose his place and the Bargainor be adjudged disable to execute the same and every such bargain and agreement shall be void 2. Provided that this Act shall not extend to any office or Inheritance or for the Keeping of a Park House Mannor Garden Chace or Forest nor to the two Chief Justices or Justices of Assize but that they may grant offices as they did before the making of this Act Also all acts done by an Officer removeable by force of this statute shall be good in law until he be removed 3. An action brought against a Justice of Peace Maior or Bailiffe of a Corporation Headborough Portreeve Constable Tithingman or Collector of Subsidies or fifteens for any thing done by reason of their several offices both they and all their assistants may plead the general issue and yet give the special matter in evidence 4.
which may barre the attaint but notwithstanding such plea the grand Jury shall neverthelesse enquire whether the first Jury gave a true verdict or no. 9. If the petty Jury be found to have given an untrue verdict they shall each of them forfeit 20 l. to be divided between the King and the Plaint ’ and incurr several fines at the Discretion of the Justices and be ever after disabled to give testimony in any court 10. If the Defendants plea in barr be found against him the Plaint ’ shall have Judgment to be restored to what he lost with his reasonable costs and damages 11. Outlawry or Excommunication shall be no plea against the Plaint ’ in attaint and in the aforesaid process such day shall be given as in Dower but no Essine or protection allowed 12. If the Grand Jury appear not so that the petty Juryes verdict remain untried the defalters shall upon the first distress forfeit 20 s. upon the 2 d. 40 s. and upon every distress after 5 l. the like penalty is also to be inflicted upon the Tales 13. The attaint is maintainable as long as any two of the the petty Jury are alive 14. An attaint shall also lye for a personal thing under the value of 40 l. in manner aforesaid save only in such case the Grand Juror is to have lands worth 5 markes per annum out of auntient demesne or to be worth a hundred markes in goods and the forefeiture of each Juror shall be but 5 l. 15. For want of sufficient Iurors in one County a Tales shall be awarded into another County at the Discretion of the Iustices 16. An attaint shall also lye for him in Reversion or Remainder and also if in attaint the Plaint ’ be nonsuit or discontinue his suit he shall be fined at the discretion of the Iustices 17. All Attaints shall hereafter be taken at the Kings Bench or common pleas and not elsewhere and Nisi prius shall be granted upon the distress at the discretion of the Iustices also any of the petty Iury may appear and answer by atturney 18. As concerning the forfeitures the several moyties shall be recovered by the King and parties respectively by Ca Sa or si fa or Elegit or action of debt against each of the Petty Jury their Executors or Administrators having sufficient goods of the Testators not administred 19. Judgement and Execution of Restitution to the Plaint ’ and of discharge of Restitution to the tenant or Defend ’ shall be given and had as in case of a grand Attaint hath been used 20. The nonsuit or release shall not prejudice his companions 21. In every writ of Attaint after the test these words shall be inserted per Statutum continuatum usque annum 23 H. 8. Dei gratiâ c. Atturney 1. ALL Atturneys shall be examin'd by the Iustices and by their discretion put into the Roll. 2. Those that are by them approved shall swear truly to serve in their offices and to make no suit in a foreign county An insufficient Atturney shall be put out by the like discretion of the Iustices and their Masters or Clients shall have notice thereof lest they be prejudic'd thereby 3. As any dye or cease the Iustices shall appoint others being vertuous learned sworn as aforesaid 4. If an Atturney be found notoriously in fault he shall forbear the Court and be never admitted into any other Court 5. The Treasurer and Barons of the Exchequer shall pursue the like course there at their discretion 6. If any shall be sued upon any penal Law in the Kings Bench common pleas or Exchequer where such person is baylable by law or may appear by Atturney the person so sued shall at the day contained in the first process appear by Atturney to defend the same and shall not be urged to personal appearance or to put in bayle to answer the same 7. The said clause of 29 El. shall onely extend to natural born subjects or free Denizens Avowry 1. REcoverers of Lands Tenements and Advowsons their heires and assignes may distrain for rents services and customes due and unpayd and make avowry and Justifie the same and have like remedy for recovering them as the Recoverers might have had or done albeit the said recoverers were never seised thereof and shall also have a Quare impedit for an advowson if upon avoydance any disturbance be made by a stranger as the recoverers might have had albeit they were never seised thereof by presentation 2. Here every Avowant in any Replegiare or second deliverance if their avowry conusans or Justification be found for them or the Plaint ’ be otherwise barred shall recover his damages and costs 3. Termer for years may falsifie a faigned recovery had against him in the reversion and shall retain and enjoy his terme against the Recoverer his heires and assignes according to his Lease 4. Also the Recoverer shall have like remedy against the termer his Executors and Assignes by Avowry or action of Debt for rents and services reserved upon such lease and due after such recovery and also like action for wast done after such recovery as the lessor might have had if such recovery had never been 5. No Stat ’ of staple merchant or Execution by Elegit shall be avoyded by such feigned recoveries but such ten’ts shall have like remedy to falsifie such recoveries as is here provided for the Lessee for years 6. Upon a Replevin an Avowry may be made by the Lord or Conusee and Iustification by his Baylife or servant upon the Land holden of the said Lord without naming any person certain to be tenant thereof the like law is also upon every writ sued of second deliverance 7. In any Replegiare or second deliverance for rents services customs or damage feasant if the Avowry Conusance or Iustification be found for the Defendant or the Plaint ’ be nonsuit or otherwise barred the Desend ’ shall recover such Damages and costs as the Plaint ’ should have had if he had recovered 8. Both parties shall in such Writs have like pleas aid prayers Ioynders in aid as at the common Law notwithstanding this act pleas of disclaimer onely excepted Baile 1. NO person arrested upon any writ out of the Kings Bench or common pleas upon which he is lyable by the Stat ’ 23 H. 6. c. 10. shall be forced to give security or enter into bond with Sureties for his appearance at the day in such writ bill or processe specified in any sum above 40l unless the cause of action be expressed particularly and where such cause of action is not expressed all sheriffs and officers shall let to baile persons arrested upon 40l security for their appearance according to the Stat ’ 23 H. 6. 2. Upon appearance by Atturney in terme entered in court where the process is returnable the baile bond shall be satisfied and discharged and after such appearance no amerciaments shall be estreated