No. XIII.

c. 5.

IX. And also it is provided by authority aforesaid, That the same 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 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, advantage, or commodity whatsoever they be, whereunto the said laws, ordinances and decrees shall in any wise extend, according to the true purport, meaning, and intent of the same laws.

sioners decree shall bind the

land.

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 be

fore 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 al.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 them 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 be attempted against any person or persons for taking any distress, or any other act doing, by authority of the said commission, or by authority of any laws or ordinances made by virtue of the said commission, 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 Act 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.

Avowry or justification of a

distress taken

by reason of the

commission of sewers.

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,

c. 5.

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 to limit and assign of the same rates, taxes, lots and wains, by their discretions, such reasonable sums of money to the said clerk, for writing of books and process concerning the premises, and to the collectors, expenditors, and such other as shall take pain in the due execution of the said commission, as by the discretions of the said commissioners, or six of them, shall be thought reasonable.

Commissions

within the liberty of the duchy.

The charge of the commissions.

A commision of sewers shall endure three

years. Altered by 13 Eliz. c. 9. s. 1.

A commission or commissioner dis

charged by su

persedeas.

XIV. Provided alway, that whensoever and as often as such commission, as is afore limited, shall be made and directed to any person or persons, for the reformation and amendment of or in any of the premises specified in the said commission, within the fees, liberties or possessions of the Duchy of Lancaster, that then such commissioners as shall execute such commission, shall be always named and appointed by the discretion of the Lord Chancellor and Lord Treasurer of England, and the said two chief justices of either bench, and the Chancellor of the said duchy for the time being, or three of them, whereof the said Lord Chancellor and the Chancellor of the Duchy to be two; and that in every such case two commissions shall be awarded and made according to the tenor of the commission above expressed, one thereof under the great seal of England, and the other under the seal of the same duchy as before time hath been accustomed; any thing afore rehearsed in this Act to the contrary hereof notwithstanding.

XV. And it is further enacted, That the said commissions from time to time, as the case shall require, shall be had and obtained without any money, or other charge to be paid for the seal or writing of the same, unless it be to the King, two shillings and sixpence for the seal of every commission, as hath been accustomed, and for the writing and inrolling of any one commission, five shillings, and not above.

XVI. And it is further enacted, That every commission to be made by authority of this Act shall endure and continue for the term of three years next after the teste of the commission; nevertheless, after any commission made and delivered out of the King's Court of Chancery, the King's Highness shall always, at his pleasure, by his writ of supersedeas out of his said Court of Chancery, at any time discharge as well every such commission as every commissioner that shall be made or named by authority of this Act; after which discharge the said commissioner shall have no power or authority to proceed in the execution of their commission, nor in any thing, by anthority of this Act.

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 present Act to the contrary hereof notwithstanding.

(1) The stat. 23 Henry 8. c. 5. s. 17. having directed that "laws, acts, decrees, and ordinances" made by commissioners of sewers, shall stand good and be put in execution so long time as their commission endureth, and no longer, except "the said laws and ordinances" be engrossed in parchment, and certified under the scals of the commissioners into Chancery, and have the royal assent: and the stat. 13 Eliz. c. 9. having directed all commissions of sewers to continue in force for ten years, unless sooner determined by supersedeas or any new commission; and that all laws, ordinances, and constitutions," made by force

of such commission, being written in parchment, indented, and under the seals, &c. shall, without such certificate or royal assent, continue in force notwithstanding the determination of the commission by supersedeas, until repealed or altered by new commissioners; and that such laws, ordinances, and constitutions, written in parchment, indented and scaled, &c. shall, without certificate or royal assent, continue in force for one year after the expiration of such commission by lapse of ten years from its teste. Held, first, that the laws, acts, decrees and ordinances mentioned in the statute of Henry 8., mean the same as the

No. XIII.

XVIII. Provided also, That whensoever and as often as such commission 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 premises specified in the said commission, within the fees, liberties and possessions of the principality of Wales, the county palatine of Chester,

c. 5.

or within the fees, liberties and possessions of any other place where Commissions there is liberty and jurisdiction of county palatine, That in every such into a county 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 notwithstanding.

Eliz. c. 9. s. 1.

tine.

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 certified 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 ii.s. and not above, nor no other nor greater sum for any thing touching or concerning the same certificate under the same privy 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. 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 his 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 liberties 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.

[No. XIV. ] 2 & 3 Edward VI. c. 25.-A Bill for keep

ing of County Courts.

Made perpetu

Jac. 1. c. 14.

c. 25.

WH WHERE heretofore in the most part of all the shires and counties 2 & 3 Edw. VL within this realm, the county court is and hath been usually 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 from 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 in that of Elizabeth; and, secondly, that a decree made by commissioners under a former commission which had expired by lapse of ten years, directing a sea-wall to be refounded which had been destroyed by a violent tempest and inundation, and the sums necessary for its construction to be advanced by those who were before bound to sustain it ratione tenure, (and who did advance the money accordingly) and that a rate should be made on the level for their reimbursement; (although such decree had

been written in parchment, indented, and sealed, which this was not,) could not be enforced by commissioners under a new commission, issued more than a year after the expiration of the former commission; as to so much of it as remained unexecuted: though good to the extent to which it had been executed. And therefore the court refused a mandamus to the new commissioners to direct a rate to be levied on the level for the reimbursement directed by the decree. Rex v. Somerset Commissioners of Sewers, 9 East. Rep. 109.

No. XIV.

2&3 Ed. VI. c. 25.

County courts shall be kept monthly.

Where the county court Northumberland shall be kept.

43 Elizabeth,

c. 5.

At what time a writ to re

move a suit depending in an inferior court shall be delivered to the judge or officer

of the same court.

'shires, which have and use their counties to be holden every six weeks, give their process like return as in those shires which have common custom to hold and keep county courts every month; whereby the King's suits be not only deferred, the plaintiffs and demandants de'layed of their lawful actions and demands, but also the said plaintiffs and demandants thereby put to double cost and charge, to the great ignominy and slander of the law, incouraging of the offenders and transgressors, and to the continual impoverishing of all those who have C cause of suit :'

་

II. In consideration whercof, be it enacted by the King our Sovereign Lord, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That from and after the first day of October next ensuing this present session of Parliament, no county court or courts hereafter to be kept within this realm shall be longer deferred but one month from court to court, and so the said courts from thenceforth shall be kept every month and none otherwise; any usage, custom, statute or law heretofore had or made to the contrary in any wise notwithstanding.

III. And be it further enacted by the authority aforesaid, That the sheriff of Northumberland from thenceforth shall keep the county court of that shire in the town or castle of Alnewick and in none other place; any latter use lately begun and brought in to the contrary notwithstanding.

[ No. XIV. a. ] 43 Elizabeth, c. 5.-An Act to prevent Perjury and Subornation of Perjury, and unnecessary Expenses in Suits of Law.

WHEREAS within divers cities and towns corporate and other

places within this realm of England, and the dominions thereof, 'there are jurisdictions, customs, and privileges to hold plea in actions of debt, and other actions, plaints and suits between party and party, and divers of her Majesty's subjects do daily commence many actions, plaints and suits in the said cities, towns corporate and places, according to the jurisdictions, customs and privileges of the said places: And many defendants in actions, plaints and suits there brought and commenced, will suffer the said actions, plaints and suits to be 'proceeded in and prosecuted there, until the cause between the plaintiffs and them be at issue, aud the jury sworn, and evidence given on the plaintiff's part, before the said defendant will deliver into the court 'where the said actions, plaints or suits are to be tried, writs formerly sued forth by them, to remove the cause there depending, into some one or other of her Majesty's courts of record at Westminster; which keeping back of the said writ is done by the defendant, to no other purpose or intent, but to put the parties plaintiffs to as great charges and expenses as they the said defendants can, and to know what proofs the parties plaintiffs can make for the proving of their issue, whereby the defendants that sued forth the said writs, may have longer time to ⚫ furnish themselves with some false witnesses, to impugn those proofs 'which the plaintiffs have openly made by their witnesses and proofs, which is a great cause of perjury and subornation of perjury, and 'great expenses to the plaintiffs:'

II. For remedy whereof, be it enacted by the Queen's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That from and after the end of this present session of Parliament, no writ or writs of habeas corpus, or any other writ or writs sued forth, or to be sued forth, by any person or persons whatsoever, out of any 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,

c. 5.

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 43 Elizabeth, writ or writs shall be delivered (but that he and they shall and may proceed 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 Leets and Court Barons.

W WHEREAS the King's most excellent Majesty, the Lords Spiritual and Temporal, and other his Highnesses subjects of this realm of England and Wales, have in divers places of the same many franchises, jurisdictions, privileges and liberties to keep court leets or court ba*rons, for the true administration of justice, and to the punishing and suppressing of offences; the profits and perquisites of which courts have heretofore been used to be levied and collected by the bailiff or ⚫ other minister of such court, and by him accounted for to his Highness progenitors, or other lords or ladies of such courts and manors, 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 *to be of a better yearly value than in ancient time it hath been, divers '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 ⚫ten divers grants of all the profits and perquisites of such courts whereof they are stewards, whereby many of his Majesty's subjects are unjustly vexed, and by grievous fines and amerciaments unduly 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 themselves: It is therefore by the authority of this present Parliament established and enacted, That no steward, deputy steward, or other under steward of any the courts aforesaid, shall directly or indirectly, in his own name, or in the name of any other, from and after the expiration of one year next after the end of this session of this present Parliament, take, receive, or make benefit to his own use, in money, goods, or any other thing, to the value of twelve-pence or more, by 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 offence 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.