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IX. And also it is provided by authority, aforesaid, That the same No. XIII. laws, ordinances, and decrees to be made and ordained by the said com- 23 H. VIII. missioners, or six of them, by authority of the said commission, shall bind as well the lands, tenements, and hereditaments of the King our
c. 5. Sovereign Lord, as all and every other person and persons, and their heirs, for such their interest as they shall'fortune to have, or may have. The commisin any lands, tenements, or hereditaments, or other casual profit, ad- sioners decree
shall bind the vantage, or commodity whatsoever they be, whereunto the said laws, land. ordinances and decrees shall in any wise extend, according to the true purport, meaning, and intent of the same laws.
X. And it is furthermore by the authority aforesaid, established and No man may enacted, That if any manner of person or persons, of what estate or sit being undegree soever he or they be of, that from henceforth do take upon him sworn. or them to sit by virtue of any of the said commissions, not being before sworn in form as is aforesaid, and according to the tenor of the What land each oath before specified, or if any person so named and sworn do sit as is commissioner aforesaid, not having lands and tenements, or other hereditaments in shall have. fee-simple, fee-tail, or for term of life, to the clear yearly value of xl. marks above all charges to his own use, except he be resiant and free of any city, borough, or town corporate, and have moveable substance of the clear value of one hundred pounds, or else be learned in the laws of this realm in and concerning the same, that is to say, admitted in one of the four principal inns of court for an utter barrister, shall forfeit xl.l. for every time that he shall attempt so to do: the one half thereof to be to our Sovereign Lord the King, and the other half thereof to the use of him or thein that will sue therefore by action of debt, bill, plaint, or information in any of the King's courts ; in which action or suit no wager of law shall be admitted, nor any essoign or protection shall be allowed.
XI. And if any action of trespass, or other suit shall happen to Avowry or jusbe attempted against any person or persons for taking any distress, tification of a or any other act doing; by authority of the said commission, or by distress taken authority of any laws or ordinances made by virtue of the said by reason of the
commission of compmission, the defendant or defendants in any such action shall and may make avowry, conusance, or justification for the taking of the same distress, or other act doing touching the premises, or of any of them, alleging in such avowry, conusance, or justification, that the said distress, trespass, or other act whereof the plaintiff complaineth, was done by the authority of the commission of sewers for lot or tax assessed by the said commission, or for such other act or cause as the said defendant did by authority of the same commission, and according to the tenor, purport and effect of this present Aet made the three and twentieth year of the reign of our Sovereign Lord King Henry the Eighth, without any, expressing or rehearsal of any other matter or circumstance contained in this present Act, or any commission, laws, statutes, or ordinances thereupon to be made ; whereupon the plaintiff shall be admitted to reply, that the defendant did take the said distress, or did any other act or trespass supposed in his declaration of his own wrong, without any such cause alleged by the said defendant; whereupon the issue in every such action shall be joined, to be tried by verdict of twelve men, and not otherwise, as is accustomed in other personal actions: And upon the trial of that issue, the whole matter to be given on both parties in evidence according to the very truth of the same.
XII. And after such issue tried for the defendant, or nonsuit of the Damages with plaintiff after appearance, the same defendant to recover treble damages costs. by reason of his wrongful vexation in that behalf, with his costs also in that part sustained, and that to be assessed by the same jury, or writ to inquire of damages, as the cause shall require.
XIII. And it is also enacted, That every of the said commissioners Fees, &c. shall have and perceive four shillings for every day that they shall take pain in the execution of this commission of sewers, and one clerk, by them to be assigned, two shillings for every day, of the rates, taxes,
No. XIII. lots and wains that shall be assessed or lost by the authority of the said 23 H. VIII. commission, and to be levied and paid by their discretions. And that
the said commissioners, or six of them, shall have power and authority c. 5.
to limit and assign of the same rates, taxes, lots and wains, by their dis.
six of them, shall be thought reasonable.
persons, for the reformation and amendment of or in any of the preduchy. mises specified in the said commission, within the fees, liberties or pos
sessions of the Duchy of Lancaster, that then such commissioners as
in this Act to the contrary hereof notwithstanding.
any money, or other charge to be paid for the seaho or writing of the
and inrolling of any one commission, five shillings, and not above.
commission made and delivered out of the King's Court of Chancery, Altered by 13 the King's Highness shall always, at his pleasure, by his writ of superEliz. c. 9. 8. 1. sedeas out of his said Court of Chancery, at any time discharge as well A commission every such commission as every commissioner that shall be made or or commis
named by authority of this Act; after which discharge the said comsioner dis
missioner shall have no power or authority to proceed in the execution charged by su- of their commission, nor in any thing, by anthority of this Act. persedeas.
XVII. Provided always, That such laws, acts, decrees, and ordinances How long the as shall happen to be made by the said commissioners, according to the commissioners' tenor of their commission, or by authority of this Act, shall stand good decree shall
and effectual, and be put in due execution so long time as their comendure.
mission endureth, and no longer ; except the said laws and ordinances Altered by 13 be made and engrossed in parchment, and certified under the seals of Eliz. c. 9. s. 1. the said commissioners into the King's Court of Chancery, and then the
King's royal assent be had to the same ;(1) any thing contained in this
(1) The stat. 23 Henry 8. c. 5. . 17. having of such commission, being written in parchdirected that “ laws, acts, decrees, and ordi- ment, indented, and under the seals, &c. shall, nances" made by commissioners of sewers, without such certificate or royal assent, contishall stand good and be put in execution so nue in force notwithstanding the determinalong time as their commission endureth, and tion of the commission by supersedeas, until no longer, except “ the said laws and ordi- repealed or altered by new commissioners; and nances" be engrossed in parchment, and certi- that such laws, ordinances, and constitutions, fied under the scals of the commissioners into written in parchment, indented and sealed, Chancery, and have the royal assent: and the &c. shall, without certificate or royal assent, stat. 13 Eliz. c. 9. having directed all commis- continue in force for one year after the expirasions of sewers to continue in force for ten tion of such commission by lapse of ten years years, unless sooner determined by supersedeas from its teste. Held, first, that the laws, or any new commission ; and that all. laws, acts, decrees and ordinances mentioned in the ordinances, and constitutions," made by force statute of Henry 8., mean the same as the
XVIII. Provided also, That whensoever and as often as such com- No. XIII. mission as is afore limited shall be made and directed to any person or 23 H. VIII. persons for the reformation and amendment of or in any of the pre
C. 5. mises specified in the said commission, within the fees, liberties and possessions of the principality of Wales, the county palatine of Chester, or within the fees, liberties and possessions of any other place where Commissions
into a county there is liberty and jurisdiction of county palatine, That in every such case two commissions shall be awarded and made according to the tenor palatine. of the commission above expressed, one thereof under the great seal of England, and the other under the usual seal of the county palatine, in manner and form as is above provided for the Duchy of Lancaster ; any thing afore rehearsed in this present Act to the contrary potwithstanding
XIX. And it is provided, and also enacted, That the royal assent The King's limited to be had unto the laws and ordinances to be made by the said royal assent commissioners, as is above said, shall be certified into the said Court of shall be certi
fied into the Chancery under the King's privy seal; and that there shall not any sum of money be paid for the same privy seal ; but for the writing of the Chancery. same certificate under the said 'privy seal shall be paid to the writer Altered by 13 thereof ü.s. and not above, nor no other nor greater sum for any thing Eliz. c. 9. s. 1. touching or concerning the same certificate under the same privý seal.
XX. Provided alway, That the chancellors and such other as shall Commissions have the custody of the seals of the said principality of Wales, or the in Wales and county palatine of Chester, or within the fees, liberties and possessions counties pala.
tine. of any other place where there is liberty and jurisdiction of county palatine, upon reasonable request, and upon the sight of the commission under the King's great seal of his chancery, shall without delay make out another commission under the seal of the said county palatine, according to the tenor of the King's commission to them shewed under bis great seal; and to those commissioners as shall be named by the Lord Chancellor, Lord Treasurer, and the two chief justices, or by three of them, whereof the Lord Chancellor to be one, except it be within the fees and liberties of the Duchy of Lancaster, within which fees and Made perpetuliberties the commissioners shall be named, and commissions made, as al by 3 & 4 Ed. is afore ordained by this Act; any thing contained in the said Act, or 6. c. 8. And exin any proviso thereunto added and annexed to the contrary thereof not- plained by 3 withstanding. This Act to endure for twenty years.
Jac. 1. c. 14.
[ No. XIV. ] 2 & 3 Edward VI. c. 25.-A Bill for keep
ing of County Courts. WH
VHERE heretofore in the most part of all the shires and counties 2 & 3 Edw. VL within this realm, the county court is and bath been usually
c. 25. kept and holden from month to month, and so at every month's end Sheriffs shall 'one county ; yet albeit in some counties (though not many) the keep their * said county courts are holden froin six weeks to six weeks, by county courts • force whereof the officers award out process as well for the King monthly.
as process of the peace, out of the King's Bench, as also other com« mon process betwixt party and party, and the attornies and solicitors, • who sue the same, not knowing the private custom of those particular laws, ordinances, and constitutions, mentioned been written in parchment, indented, and in that of Elizabeth; and, secondly, that a de- sealed, which this was not,) could not be encree made by commissioners under a former forced by commissioners under a new commiscommission which had expired by lapse of ten sion, issued more than a year after the expirayears, directing a sea-wall to be refounded tion of the former commission; as to so much which had been destroyed by a violent tempest of it as remained unexecuted: though good and inundation, and the suins necessary for its to the extent to which it had been executed. construction to be advanced by those who were And therefore the court refused a mandamus before bound to sustain it ratione tenure, (and to the new commissioners to direct a rate to who did advance the money accordingly) and be levied on the level for the reimbursement that a rate should be made on the level for their directed by the decree. Rex v. Somerset Comreimbursement; (although such decree had missioners of Sewers, 9 East. Rep. 109.
No. XIV. shires, which have and use their counties to be holden every six weeks,
' custom to hold and keep county courts every month ; whereby the
layed of their lawful actions and demands, but also the said plaintiffs
cause of suit :'
That from and after the first day of October next ensuing this present
fore had or made to the contrary in any wise notwithstanding.
other place; any latter use lately begun and brought in to the contrary kept.
[ No. XIV. a. ] 43 Elizabeth, c. 5.-An Act to prevent
Perjury and Subornation of Perjury, and unnecessary
Expenses in Suits of Law. 43 Elizabeth,
places within this realm of England, and the dominions thereof, At what time
* there are jurisdictions, customs, and privileges to hold plea in actions a writ to re
of debt, and other actions, plaints and suits between party and party, move a suit dc- and divers of her Majesty's subjects do daily commence many acpending in an
' tions, plaints and suits in the said cities, towns corporate and places, inferior court shall be deli
according to the jurisdictions, customs and privileges of the said vered to the
places : And many defendants in actions, plaints and suits there brought judge or officer and commenced, will suffer the said actions, plaints and suits to be of the same proceeded in and prosecuted there, until the cause between the plaincourt.
• tiffs and them be at issue, aud the jury sworn, and evidence given on
11. For remedy whereof, be it enacted by the Queen's most excellent
of her Majesty's courts of record at Westminster, to remove any action, suit, plaint or cause, depending, or to be depending, in any court or courts within any city or town corporate, or elsewhere, which have or shall have jurisdiction, power, or authority to hold plea in any action,
plaint or suit, shall be received or allowed by the judge or judges, or No. XIV.a officer or officers of the court or courts wherein or to whom any such 43Elizabeth, writ or writs shall be delivered (but that he and they shall and may pro
c. 5. ceed in the said cause and causes ready to be tried, as though no such writ or writs were sued forth or delivered to him or them) except that the said writ or writs be delivered to the judge or judges, officer or officers of the said court, before that the jury which is to try the cause in question between the party or parties plaintiffs, and the party or parties that sued forth the said writ or writs, or for whose benefit the said writ or writs is or shall be sued forth, have appeared, and one of the said jury sworn to try the said cause.
III. Provided always, That this Act shall continue no longer than until the end of the next Parliament. [3 Car. I. c. 4. continued until the end of the first session of the next Parliament, and farther continued by 16 Car. I, c. 4.]
[ No. XV. ] 1 James I. c. 5.-An Act to prevent the
Over-charge of the People by Stewards of Court
and Temporal, and other his Highnesses subjects of this realm of England and Wales, have in divers places of the same many franchises, The steward
jurisdictions, privileges and liberties to keep court leets or court ba- of a court shall * rons, for the true adıninistration of justice, and to the punishing and take no benefit suppressing of offences; the profits and perquisites of which courts
of the lord's · have heretofore been used to be levied and collected by the bailiff or
profits. other minister of such court, and by him accounted for to his High- How the profits ness progenitors, or other lords or ladies of such courts and manors,
of courts ba' and as of right it ought so to be : But now by reason of the great in· crease of people, the said profits and perquisites of courts are grown have been col
ron and leeto ' to be of a better yearly value than in ancient time it hath been, divers lected. • that are now stewards of such courts have heretofore in their own names, or in the names of some other to their use, obtained and got- done to many
Oppressions • ten divers grants of all the profits and perquisites of such courts for the private - wbereof they are stewards, whereby many of his Majesty's subjects gain of stew• are unjustly vexed, and by grievous fines and amerciaments unduly ards of courts. * punished, greatly to the wronging and impoverishing of the tenants • and inhabitants where such stewards are, proceeding out of a greedy • desire to make and obtain an undue and extraordinary gain to them• selves:' It is therefore by the authority of this present Parliament established and enacted, That no steward, deputy steward, or other un- A steward of der steward of any the courts aforesaid, shall directly or indirectly, in
& court shall his own name, or in the name of any other, from and after the expira- not take benetion of one year next after the end of this session of this present Par. fit by the profit liament, take, receive, or make benefit to bis own use, in money, of the same goods, or any other thing, to the value of twelve-pence or more, by court. Virtue or colour of any demise or grant hereafter to be made of any
the profits or perquisites, or amerciaments of any such courts whereof They are stewards, which rightfully shall belong to the lords of the same ; upon pain that every steward offending contrary to the tenor of this present Act of Parliament, shall for every such his oftence forfeit the sum of forty pounds, and to be disabled ever after to be steward of such court, or of any other; the one half of the forfeiture to be to our Sovereign Lord the King's Majesty his heirs and successors; the other half to any of his Majesty's subjects that shall complain in any of his highness courts of record, by action of debt, bill, plaint, or information; in which suit no essoign, protection, wager of law, or other dilatory plea shall be allowed.