as the persons upon whose lives the estate depends shall live and shall recover against the lessors c. or other persons upon action for damages the full profits with lawfull interest Error 1. HE in reversion shall have a writ of Error upon an erroneous Judgment given against tenant for life 2. For preventing abatement of writs of Error upon Judgment in the Exchequer enacted That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of the return of any writ of Error to be sued forth by Vertue of the Statute 31 Ed. 3. c. 12. recited in the Statute 31 El. c. 1. shall not cause any abatement or discontinuance of any such writ of Error But if both the Chief Justices of either Bench or either of them or any one of the said great officers the Lord Chancellour or Lord Treasurer shall come to the Exchequer Chamber and there be present at the day of the return of any such writ of Error it shall be no abatement or discontinuance But the suit shall proceed to all intents as if the said Lord Chancellour and Lord Treasurer had come and been present at the day and place of return of such writ 3. After a verdict of 12 men in any action suit bill or demand commenced after the 25 th of March 1665. in any of the Courts of Record at Westminster or Courts of Record in the County Palatine of Chester Lancaster or Durham or Court of the great Session or in any of the 12 shires of Wales Judgment thereupon shall not be stayed or reversed for default in forme or lack of forme or lack of pledges or but one pledge to prosecute returned upon the Original writ or for default of entring of pledges upon any bill or declaration or for default of bringing into Court of any Bond Bill Indenture or other deed whatsoever mentioned in the declaration or other pleading or for default of allegation of the bringing into Court of letters Testamentary or letters of Administration or by reason of the Omission of Vi armis or contra pacem or for mistaking of the Christian name or Sur-name of the plaint ’ or defend ’ demand ’ or Tenant summe or summes of money day month or year by the Clarke in any Bill Declaration or pleading where the right name Sur-name summe day of the month or year in any writ plaint Roll or Record preceeding or in the same Roll or Record where the mistake is committed is rightly alledged whereunto the plaintiffe might have demurred and shewen the same for cause Nor for want of the averrment of Hoc paratus est Verificare per Recordum or for not alledging prout patet per Recordum or for that there is no right Venue so as the cause were tryed by a Jury of the proper County or place where the acted is layd 4. Nor any Judgment after Verdict confession by Cognovit actionem or relicta verificatione shall be reversed for want of misericordia or Capiatur or by reason that a Capiatur is entered for a misericordia or a misericordia for a Capiatur Nor that Ideo concessum est per Curiam is entered for ideo consideratum est per Curiam nor for that encrease of costs after a Verdict in any action or upon a nonsuit in Replevin are not entred to be at the request of the party for whom the Judgment is given nor by reason that the costs in any acton whatsoever are not entered to be by consent of the plaint ’ But that all such omissions variances defects and other matters of like nature not being against the right of the matter of the suits nor whereby the issue or Tryal are alter'd shall be amended by the Justices and other Iudges of the Courts where such Judgments are or shall be given or whereupon the record is or shall be removed by writ of errour 5. Provided this Act extend not to any writ declaration or suit of Appeal of Felony or Murther nor any Indictment nor presentment of Felony Murther Treason or other matter nor to any processe upon any of them nor to any writ Bill action or Information upon any penal Statute other than concerning Customes and subsidies of Tunnage and poundage 6. And after the 20 th of March 1664. no execution shall be stayed in any of the aforesaid Courts by writ of Errour or supersedeas thereupon after Verdict and Judgment in any action personal whatsoever unless a recognisance with condition according to the former Statute made 3 Jac. c. 8. shall be first acknowledged in the Court where such Judgment shall be given 7. In writs of Errour to be brought upon any Iudgment after Verdict in any writ of Dower or of Ejectione firmae no Execution shall be stayed unless the plaint ’ in such writ of Error shall be bound to the plaint ’ in such writ of Dower or Ejectione firmae in such reasonable summ as the Court to which such writ of Error shall be directed shall think fit with condition that if the Judgment shall be affirmed in the said writ of Error or the writ of Error discontinued in default of the plaint ’ therein or that the said plaint ’ be nonsuit in such writ of Error that then the plaint ’ shall pay such costs dammages and summs of money as shall be awarded after such Iudgment affirmed discontinuance or nonsuit And the Court wherein such execution ought to be granted upon such affirmation discontinuance or nonsuit shall issue a writ to enquire as well of the mean profits as of the damages by any wayes committed after the first Iudgment in Dower or Ejectione firmae And upon return thereof Iudgment shall be given and execution awarded for such mean profits and damages and for costs of suit 8. Provided this Act extend not to any writ of Error to be brought by any Executor or Administrator nor any action Popular nor to any other action which is or shall be brought upon any penal law or statute except actions of debt for not setting forth of Tythes Nor to any Indictment presentment Inquisition Information or Appeal 9. This Act to continue in force for three years and to the end of the next session of Parliament after the said three years and no longer 10. In all Actions personal real or mixt the death of either party between the Verdict and Judgement shall not be alledged for error so as such Judgement be entred within two terms after such Verdict 11. This Act to continue for the space of five years and from thence to the end of the next Sessions of Parliament 12. Judgement shall or may be given in any Suit or Writ or Writs of Error in the Exchequer in the preseuce of the Lord Keeper notwithstanding the vacancy of a Lord Treasurer in such manner as hath been accustomed where there was present both the Chancellor and the Lord Treasurer Excommengement 1. EVery Writ de
only to such Statutes as be for the payment of money and to such extents as shall be within 20 years after the Statute Recognizance or Judgement had 9. This Act to continue for three years and from thence to the end of the next session of Parliament and no longer 10. Where any Judgement after a Verdict shall be had by or in the name of any Executors or Administrators in such case an Administrator de bonis non may sue forth a scire fac ’ and take Execution upon such Judgement 11. This Act to continue for the space of five years and from thence to the next sessions of Parliament Executor THe Ordinarys shall depute the next and most lawful friends of the intestate to administer the goods which deputies shall have the benefit and incurr the charge of an Executor and shall also be accountable to the Ordinaries as Executors 2. Administration of intestates goods shall be granted to the widdow or next of kin to the intestate or both as the ordinary shall think fit 3. The Ordinary or other person enabled to make distribution of the surplusage of the Estate of the Intestate shall distribute one third to the wife and all the residue equally amongst the children and such persons as legally represent his Children in case any of them be dead other than such child or children not being heire at Law who shall have any Estate by the Settlement of the intestate or shall be advanced by the intestate in his life time by portion or portions equal to the share that shall by such distributions be allotted to the other children to whom such distribution is to be made and in case any child other than the heire at Law who shall have any Estate by Settlement from the said intestate or shall be advanced in his life time by the intestate by portion not equal to the share which will be due to the other children by such distribution as aforesaid then so much of the Surplusage of the Estate of the Intestate to be distributed to such child or children as shall have any such Land or Settlement from the Intestate or were advanced in his life time as shall make the Estate of all the said children to be equal as near as can be estimated But the heire at Law notwithstanding any Land that he shall have by descent or otherwise from the Intestate is to have an equal share in the distribution with the rest of the children without any consideration of the value of the Land which he hath by descent or otherwise from the Intestate 4. And in case there be no children nor any legal representatives of them then one moyetie of the said Estate to be allotted to the wife of the intestate the residue of the said Estate to be distributed equally to every of the next of kindred of the Intestate who are in equal degree and those who legally represent them 5. Provided that there be no representatives amongst collaterals after Brother and Sisters children and in case there be no wife then the Estate to be equally distributed to and amongst the Children and in case there be no Children then to the next of kindred in equall degree of or unto the Intestate and their Legal Representatives and in no other manner whatsoever 6. No such distribution shall be made till after one year after the Intestates death and every one to whom any Share shall be allotted shall give bond with Sureties in the said Courts to secure the Administrator pro rata if any debts be afterwards recovered 7. This Act to continue for 7 years and from thence to the next Session of Parliament 8. Executors shall have an action for a trespass done to their Testator as for his goods and Chattells carried away in his Life and shall recover their dammage in like manner as he whose Executors they are should have done if he had lived 9. Executors of Executors shall have actions of debt account and of goods carried away of the first testators and Execution of Statute Merchants and recognisances made unto him and shall also answer to others so far forth as they shall recover of the first testators goods as the first Executors should have done 10. That part of the Executors which take upon them the charge of a will may sell any land devised by the Testator to be sold albeit the other part which refuse will not joyne with them 11. If any person shall obtain any goods or debts of an intestate or releases or other discharge of any debt or duty which belonged to the intestate by fraud or by procuring the Administration to be granted to a stranger of mean estate and not to be found with intent thereby to obtain the intestates estate and not upon valuable consideration or in satisfaction of some just debt answerable to the value of the goods so obtained in such case such person shall be chargeable as Executor of his own wrong so far as the value of the goods or debts so obtained shall amount unto Howbeit he shall also be allowed such reasonable deductions as other Executors or Administrators ought to have Fines 1. AFine shall after the ingrossing thereof be openly read and proclaimed in the common pleas the same term and there the three next terms after upon four several days and in the mean time all pleas shall cease 2. A transcript of the fine shall be sent to the Justices of Assize of the County where the land lyeth to be there also proclaimed at every Assize holden there that year and then also all pleas shall cease 3. An other transcript thereof shall be also sent to the Justices of Peace of the same County to be in like sort proclaimed at their four Sessions holden that year And both the Justices of Assize and Peace shall make Certificate of such proclamation made the second return of the term then next following 4. A fine so proclaimed and certified shall conclude all persons both privy and Strangers Except women covert other than such women as the parties to the fine persons under age in prison out of the realm or out of sound mind if they pursue not their right title claime interest by way of action or lawful entry within 5 years after the proclamations so made and certified as aforesaid 5. The right of Strangers which happens to come unto them after the fine is engrossed is saved so that they pursue their right or title within 5 years aster it so comes to them and here an action against the pernor of the profits is maintainable 6. If the parties to whom such right or title comes be covert under age in prison out of the Land or of non sane memory they or their heirs have time to pursue their right or title within 5 years after such imperfections removed so also have they in case they had right of title at the time of the fine levied 7. Fines at
Here if the verdict pass for the defendant or the plaint ’ be nonsuit or discontinue his suit the defendant shall be allowed double costs to be recover'd as costs in other cases given to the defend ’ use to be recover'd 5. The Statute of 7 Jac. 5. is confirmed and Church-wardens Sworn-men and overseers of the poor together with their assistants are to be comprehended within the purview of the same Statute 6. An action brought against any the said officers their deputies or assistants shall be layed in the County where the fact was committed and not elsewhere 7. The unnecessary charges and tedious attendance in passing the accounts of Sheriffs being very burthensome it is enacted that Sheriffs shall not keep tables of receipt for any more then their own family or retinue nor shall send any presents to any Judge of Assise nor give any gratuity to any officer nor have more then 40 men-servants nor under 20 in any County in England nor under 12 in Wales upon forfeiture of 100 l. for every such default Proviso this clause not to extend to the Sheriffs of London or Middlesexs nor Westmerland or any Sheriff of a City and County or Town and County 8. Sheriffes in England shall not be charged to answer any illeviable Seisure Farme Rent Debt or other thing whatsoever which was not writ or process to them to be levied and the persons Lands and tenements of which the same is leviable particularly expressed but shall be discharged without petition plea or other trouble or charge whatsoever 9. All seisures made before the 1 Jac R. 1. and yet remaining upon the Sheriffs accompts and all seisures and debts pardoned are discharged and to be left out of their accounts and no process to issue for levying the same nor any other Rent or farme not particularly set forth or which hath been unanswered for 40 years past and all other dead farmes and seisures and all desperate illeviable and unintelligible debts shall be removed out of the Annual Roll and Sheriffs charge in the exannual Roll there to remain until revived by Commission 10. The several Remembrancers shall enroll and certifie the Engrosser of the great Roll all debts chargeable upon Sheriffs by their returns into the Exchequer upon writs of fi fac levari fac capias and other process and all fines and amerciaments already set before the first day of February 1662. and all debts fines and Amerciaments hereafter set before the next term after returns of such fines and amerciaments set that so they may be charged and comprehended within Quietus est upon pain of 40 l. upon the officer for every default the one moytie to the King the other to the party grieved 11. And none shall be Sheriff unless he have lands in the same County sufficient to answer the King and his people 12. Every Sheriff having obtained a quietus est as by the act 21 Jac. c. 5. he might the Sheriff his heires Executors Lands and tenements shall be clearly discharged of all accompts and debts whatsoever unless he be prosecuted and Judgment given within 4 years after the same and every Officer by whose default process shall be sent contrary to this act shall incurr the same penalty aforesaid 13. This act not to extend to the Counties of Chester Lancaster and Durham or the Counties of Wales being Counties palatine as to the manner of their accompting who are to accompt before the respective Auditors as aforesaid 14. Not to extend to enjoyne the Remembrancer to transcribe to the engrosser of the great roll any inquisitions or seisures but such as have been formerly charged in the foreigne accompts of Sheriffs but Inquisitions upon Attainder and other forfeitures to be put in charge as formerly 15. Not to exclude his Majesties Remembrancer from writing forth process for his majesties Debts duties outlawries or other charge or process of Leva fa. at any persons suit to levy issues of Lands seised or venditioni exponas for goods for any debt to the King or upon outlawry or to alter any pleading touching the same 16. That no debt duty fine or Amerciament or seisure charged in the great Roll of the pipe by any record of the Kings Remembrancer nor any proceedings thereupon be stayed compounded or discharged by order of any Judgment entred in the said office of the Kings Remembrancer where the Original of such debt or charge remaines 17. If any debts seisures fines or other be not levied and payd upon process of Summons of the pipe the Clerke of the pipe shall the next term after return of such process certifie the office of the Kings Remembrancer who shall issue process for levying the same 18. Auntient and lawful fees belonging to the Kings Remembrancer not abridged by this act 19 The act to continue to the end of the first Sessions of the next Parliament and no longer Partition 1. IOyntenants and tenants in common of any inheritance in their own right or in right of their wifes in any mannors Lands tenements or hereditaments may be compelled to make partition by writ de partitione facienda as coparceners are compellable to do and this writ shall be pursued at the common law 2. That after such partition made they shall have Aid of one another and of their heires to dereigne warranty and to recover pro rata as coparceners use to doe 3. Ioyntenants and Tenants in common that have inheritance or freehold in any mannors Lands tenements or hereditaments shall be also compellable to make partition by the said writ to be pursued upon their case howbeit such partition shall not be prejudicial to any but the parties to such partition their heires and Assignes Pleading 1. ALL pleas which shall be pleaded in any Court whatsoever within the Realm shall be pleaded shewed depended answered debated and judged in the English tongue and entred and enrolled in the Latin Howbeit the Laws and Customes of the Realm as also the Terms and process shall be holden and kept as before this time hath been used 2. And Exemplification of the inrollment of the Letters patents by H. 8. E. 6. Q. M. P. and M. Q. El. or any of them since the 4 th of Februrary in the 27 H. 8. or hereafter to be granted by the Queen her Heires or Successors shall be of as good force to be pleaded or shewed in behalfe of the Patentees their heires Executors and assignes and every of them and every other person or persons having any Estate from by or under them or any of them as well against the Queen her heires and Successors and all other persons whatsoever as if the Letters patents themselves were produced Policies of assurance 1. THe Lord Chancellor or Lord Keeper shall award a standing commission to be yearly renued or as often as to him shall seem meet for the hearing and determining of all such causes arising and policices of Assurance as shall
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.
Excommunicato capiendo shall be made in Term time and returnable in the Kings Bench the next day after the Teste thereof having 20 dayes betwixt the Teste and return 2. After the Writ shall be sealed it shall be forthwith brought into the Kings Bench and there opened and delivered of record to the Sheriff or other Officer or other Deputies to whom the Execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices shall amerce him at their discretion and estreat the amercement into the Exchequer 3. At the return of the Writ the Sheriff or other Officer c. shall not be compelled to bring the party arrested into the Kings Bench but only return the Writ with a short Declaration how it was executed to the end the Justices may proceed therein according to the tenor of this act 4. If the Sheriff or c. return a non est inventus then shall issue out of the Kings Bench a Capias returnable in term time two months at least after the teste thereof with a Proclamation to be made 10 dayes at least before the return in the County Court Assise Gaol-delivery or Sessions that the party shall within 6 dayes after such Proclamation yield his body to the Gaol and there remain as a Prisoner in pain of 10 l. and what shall be done therein and thereupon shall be returned by the Sheriff or c. 5. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with a pain to forfeit 20 l. to be estreated by the Justices as aforesaid and then a third Capias shall be awarded with like Proclamation and pain and then a fourth and so infinitely until he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid 6. The party yielding his body shall be committed to prison in like sort as is he had been taken upon the Excom Cap. 7. If the Sheriff c. make a false return upon any of the said Writs he shall forfeit to the party grieved 40 l. 8. The Bishops Authority to receive submission and deliver the Excommunicate is saved according to the former usuage viz. by a certificate thereof from the Bailiff into the Chancery and then a Writ from thence to deliver the Prisoner 9. In Wales the Counties Palatine of Lancaster Chester and Durham and Ely the Cinque Ports being Jurisdictions exempt where the Queens Writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head Officers there who shall then proceed against the Excommunicate as the Kings Bench is above directed 10. If in the Excom Cap. the Excommunicate have not a sufficient addition according to the Statute 1 H 5. 5. or if in the Significavit it be not contained that the Excommunication proceeds upon some cause or contempt of some original matter of Heresie refusing to have his child baptised refusing to receive the Sacrament to come to Divine Service or Errors in matters of Religion or Doctrine Incontinency Usury Symony Perjury in the Ecclesiastical Court or Idolatry he shall not incurr the penalties aforesaid 11. If the Addition be with a nuper of such a place the first Capias and Proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incurr the penalties aforesaid 12. Persons in Prison under age non sane memory shall not incur the penalties aforesaid Execution 1. IF Lands delivered in Execution on just cause be recovered without sraud from the tenant in Execution before he shall have levied his whole debt and damages he may have a scire fac ’ out of the Court from whence he had his Execution returnable into the same Court at a day 40 dayes at least after the date of such scire fac ’ At which day if the Defendant being lawfully warned make default or do appear and not plead a sufficient cause other than the former acceptance of the Lands to avoid the said suit for the residue of the said debt and damages the said Court shall award a new writ of Execution for the levying thereof 2. No Execution shall be stayed upon any Writ of Error or Supersedeas thereupon for the reversing of a Judgement in any Action of debt or upon any contract in the Courts at Westminster of the Counties Palatine of Lancaster or Chester or of the great Sessions in Wales unless the Plaintift with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgement is given by Recognizance in the same Court in double the summe adjudged to prosecute the said Writ of Error with effect and to pay if the judgement be affirmed all debts damages and costs so adjudged and all costs and damages for delaying the Execution by the Writ of Error 3. The parties or party at whose suit any person shall stand charged in Execution for debt or damages recovered their Executors Administrators may after the death of the person so charged in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person deceased in like manner as if the person deceased had never been taken in Execution Howbeit this act shall not extend to Lands sold lona fide after the Judgement given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts 4. For further remedy against the staying of Execution after Judgement in part provided against by the Stat ’ 3 Jac. c. 8. no Execution shall be stayed in any of the said Courts by Writ of Error or Supersedeas after Verdict and Judgement in Action of debt upon the Stat ’ of 2 E. 6. for Tythes promise for payment of money Trover Covenant Detinue or Trespass unless such Recognisance in the same Court be first entred as directed by the said Statute and if such Judgement be affirmed the party presenting such Writ of Error to pay double costs for such delay 5. Proviso this Act shall not extend to any popular action except 2 E. 6. nor to any Indictment Information Inquisition or Appeal 6. When any Judgement Statute or Recognizance shall be extended it shall not be avoided or delayed by occasion of omission of any part of the Lands or Tenements extendible saving always the remedy of Contribution against such person whose Lands be or shall be extended out of such extent for time to come 7. This Act gives no extent or contribution against any Heir within the age of 21 years during such minority further than might have been before this Act. 8. Provided this Act extend