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.
make good any purchase made void by reason of any former conveyance so as the party so making void the same his Heirs or Assignes were the first day of this Parliament in actual possession of the Lands out of which any such Purchase Lease Charge or Profit was made Habeas Corpus 1. IF a Corpus cum causa or Certiorari be granted out of the Chancery to remove one that is in prison upon an Execution at another mans suit he shall be remanded 2. No Writ of Habeas Corpus or other Writ sued forth to remove an Action shall be allowed unless it be delivered to the Judge or Officer of the Court before the Jury appear and one of them be sworn 3. No Writ to remove a suit commenced in an inferior Court shall be obeyed unless delivered to the Steward c. of the same Court before issue or demurrer joined so as such issue or demurrer be not joined within six weeks after the Arrest or Appearance of the defendants 4. An Action or Suit once remanded shall never afterwards be again removed 5. When the thing in demand exceedeth not 5 l. the suit shall not be removed by any writ save only by Writs of Error or Attaint 6. This Act shall only extend to Courts of Record where an Utter Barrester of three years standing is Judge Recorder Steward or c. or assistant to such Officer there and not of Councel in any action there depending 7. Neither shall this Act extend to any Action which cannot be tried in such inferiour Courts Hue and Cry 1. THe Hundred where fresh suit shall cease shall answer half the damages to the Hundred where in the felony shall be committed to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County wherein the felony was committed and here the death or change of the Clerk of the Peace shall not abate the suit 2. When in this case damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of Peace 1 Qu. dwelling within or near the same Hundred shall for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables and Headboroughs of every Town shall tax the particular Inhabitans and levy the money upon them by distress and sale of goods and deliver the money levied to the said Justices or some of them 3. No Hundred shall be chargeable when any of the Malesactors shall be apprehended or when the Action is not prosecuted within one year after the robbery committed 4. No Hue and Cry shall be deemed legal unless the pursuit be both by Horse and Foot 5. No person robbed shall maintain an Action in this case unless with all convenient speed he makes his robbery known to some near Town Village or Hamlet and within 20 dayes before the Action brought make oath before a Justice of Peace dwelling within or near the Hundred where the Robbery was committed whether he know the parties that robbed him or any of them and if he know shall enter into sufficient Bond before the same Justice to prosecute the person or persons so by him known by Indictment or otherwise according to Law Inrollment 1. BArgains and Sales to an use of Inheritance of Freehold must be by deed indented and inrolled within six months after the date thereof in some Court of Record at Westminster or in the County where the Land lieth before the Custos Rotulorum two Justices of Peace and the Clerk of the Peace or two of them whereof the Clerk to be one And here the fee to be paid for such inrolment when the Land is not worth 40 s. per an is 2 s. and when it is more 10 s. to be equally divided betwixt the Justice or Justices then present and the Clerk of the Peace who ought to inroll them in Parchment and to deliver them unto the Custos Rotulorum within one year after 2. This Act shall not extend to Lands Tenements or Hereditaments in Corporations where an Officer or Officers there have lawfully used to inroll Deeds or other Writings Iustices NO Lord nor other shall sit upon the Bench with the Justices of Assize in pain of great forfeiture to the King and the Justices there commanded not to suffer it Iudgment IUdgments given shall continue and the parties for whom they are so given and their heires shall be in Peace until they shall be attaint or Error if any be Ley gager IN actions of Debt upon the arrearages of an account feigning to the intent to put the defendants from their law that the same was found before their Apprentices or Servants as Auditors assigned therein it shall be in the Judges discretion upon examination of the Attorneys or whom else they please to receive the defendants to their law or to trie the same by enquest Libell A Copy of a Libell grantable in the Ecclesiastical Court shall be presently delivered upon the defendants appearance Limitation 1. SEisin in a writ of right shall be within 60 years before the Teste of the same writ 2. In a Mortdancester Cosinage Ayel writ of entry sur disseisin or any other possessory action upon the possession of his Auncestor or predecessor it shall be within 50 years before the Teste of the Original of any such writ 3. In a writ upon the parties own seisin or possession it shall be within 30 years before the Teste of the Original of the same writ 4. In an Avowry or Cosinage for rent suit or services of the seisin of his Auncestor Predecessoror his own or any other whose estate he pretends to have it shall be within 40 years before the making of such Avowry or Cognisance 5. Formedons in reverter or remainder and Scire facias upon fines shall be sued within 50 years after the title or cause of action accrued and not after 6. The party demandant Plaint ’ or Avowant that upon Traverse or denier by the other party cannot prove actual possession or seisin within the times above limited shall be for ever after barred in all such writs actions avowries cognizance prescription c. 7. Provided that in any of the said actions avowries prescriptions c. the parties grieved may have an Attaint upon a false verdict given 8. The Statute of 32 H. 8. c. 2. shall not extend to a writ of right of Advowson Quare Impedit Assize of Darrein presentment Jure patronatus writ of right of ward writ of ravishment of ward nor to the seisor of the wards body or estate But the time of the seisin to be alledged in such cases shall be as it was at the common law before the making of the said Statute 9. All writs of Formedon in Descender Remainder or Reverter for any title or cause now in esse shall be sued within 20 years next after this
be entred in the office of Assurance in London 2. This Commission shall be directed to the Judge of the Admiraltie the Recorder of London 2 Doctors of the Civil 2 Common Lawyers and 8 grave or discreet Merchants or to 5 of them which Commissioners or the greater part of them shall have power to hear and determine all such causes in a brief and Summary course as to their discretion shall seem meet without formality of pleadings or proceedings 3. The Commissioners have also power to Summon parties Examine witness upon Oath and commit to prison such as contemn or disobey their orders or decrees They shall meet and sit once a week at the least in the office of assurance or in some other convenient publick place for the execution of the said commission and no fees shall be there exacted by any person whatsoever 4. If any be grieved by their Sentence or decree he may exhibit his bill in Chancery for the reexamination thereof so as he first satisfie the sentence so awarded or deposite with the Commissioners the sum awarded and then albeit he be imprisoned he shall be enlarged and here the Lord Chancellor or Keeper hath power to reverse or affirme every such sentence or decree and in case it be affirmed to award the party assured double costs 5. No Commissioner shall meddle in the execution of the Commission wherein he is party assurer or assured not until he hath taken his Corporal Oath before the Major and Court of Aldermen to proceed uprightly and indifferently between party and party only the Judge of the Admiralty is excused from that Oath 6. Upon some defects in the statute of 43 El. c. 12. It is enacted that the Lord Chancellor or keeper of the great Seal shall yearly issue out one standing Commission authorising Commissioners or any 3 of them whereof a doctor of the Civil Law or a Barrister of the Common Law be alwayes one of 5 years Standing to make a Court of policies of assurance and an Act as any five before might have done 7. The said Commissioners or any 3 of them impowered to Summon parties and witnesses and upon contempts and delays in the witnesses upon first Summons and reasonable Charges and in the parties upon second Summons to imprison offenders or to give every Commissioner having taken the Oath before the Lord Major of London to proceed uprightly in the Execution of the said Commission 8. Commissions may issue out of the Court of Admiralty for examining witnesses beyond sea or in remote place by direction of the said Commissioners or any three of them and decrees may be made against the body and goods and against the Executors c. and Execution accordingly and assess costs of suit as to them shall seem meet 9. Any of the said Commissioners may administer an Oath to any witness legally summoned so as the adverse party have timely notice to the end Witnesses may be truly examined 10. Provided That in no case Execution be against Body and Goods for the same debt 11. Provided That an Appeal may be to the Chancery as in the said former Act. Powers 1. LEases made by tenant in tail or by him who is seised in the right of his wife or Church they being of full age at the time of such Lease made shall be good and effectual in the Law against the Lessors their Wives Heirs and Successors 2. The Statute shall not extend to any Lease made of Lands in the hands of any Farmer by force of any old Lease unless such old lease expire within a year after the making of the new nor to any grant to be made of any Reversion of any Manors Lands c. nor to any Lease of any Manors Lands c. which have not been let to farm or occupied by Farmers 20 years before such Lease made nor to any Lease to be made without impeachment of waste nor to any Lease to be made for above 21 years or 3 lives from the day of the making thereof and that upon every such Lease there be reserved so much yearly as hath been usually paid for the Lands so let within 20 years next before such Lease made and the Reversioners of the Manors Lands c. so let after the death of such Lessor or his Heirs may have such remedy against such Lessee his Executors and Assignes as such Lessor might have had against such Lessee 3. That all Leases made by the Husband of Manors Lands c. being the inheritance of the Wife and she to seal to the same and the rent shall be reserved to the Huband and Wife the heirs of the Wife and here the Husband shall not Alien or discharge the rent or any part thereof longer than during the Coverture unless it be by Fine levied by Husband and Wife 4. This Act shall not extend to give liberty to take more Farms or Leases than might have been taken before this Act nor to any Parson or Vicar to make any Lease otherwise than they might have done before 5. All Leases for years made within three years before the 12 of April in the 31 of H. 8. by writing indented under seal by any person of full age sane memory and not lawfully contracted or Covert-Baron of any Manors Lands c. wherein he or they have an estate of inheritance to his or their own use at the time of the making thereof and whereof the Lessee or Lessees or their A signes now have the possession by force of such Lease or Leases and no cause of re-entry or forfeiture thereof had or made shall be good in Law against such Lessors their Heirs and Successors so as so much yearly rent be reserved for the same as was paid for the same within 20 years next before the making of such Lease or Leases or else such Lease or Leases to be of no other force than they were before the making of this Act. 6. No Fine Feoffement or other Act done by the Husband only of the inheritance of free-hold of the Wife shall make any discontinuance or prejudice the Wife or any other who is to enjoy it after her decease the fines levied by the Husband and Wife only excepted 7. This Act shall not give liberty to the Wife or her Heirs to avoid any Lease hereafter to be made of the Wifes inheritance by the Husband Wife for 21 years or under or three lives whereupon the accustomed yearly rent for 20 years before is reserved according to the tenor of this act 8. This Act shall not extend to the making good any Lease made by any Ecclesiastical person which are made void by Authority of Parliament or by any such person or other now attainted of Treason 9. All Estates made by any Arch-Bishop or other Bishop of any Manors Lands c. parcel of the possessions of their Bishoprick or united or appertaining thereunto to any person or persons body Politique or Corporate other than to the Queen