c. 3.

No. XIV. tenements or hereditaments, descended unto the heir of such accountant or debtor as heir unto the same accountant or debtor, shall be sold as 27 Elizabeth, aforesaid, such process shall be awarded as hereafter is expressed; that is to wit, first a privy seal, commanding the same heir to make personal appearance in the court out of which the same privy seal shall be awarded to shew cause, as in the writ of scire facias to be awarded out of the Exchequer is before appointed: And if the same heir shall make default at the day of the return of the same privy seal, That then upon the affidavit made, that the same privy seal was duly served, either upon the person of the same heir, or left at the place of his or her dwelling or most usual abode, an attachment with proclamation shall be awarded against the same heir, and shall be openly published and proclaimed in some market town in the county where the same heir was last dwelling, or made his or her usual abode, upon some market day there in the time of open market, twenty days at the least before the return thereof: And if upon return thereof the said heir shall eftsoons make default, that then all things shall be done and executed for the sale of the same lands, tenements and hereditaments, and for the full satisfaction of the same debt or farm, in like and as large and ample manner and form, to all intents and purposes, as before in this Act is limited and appointed in cases where default is made upon a garnishment or two nichils returned upon a scire facias awarded out of the said Court of Exchequer.

No sale of the heir's lands

nority.

The heir's

VII. Provided also, and be it likewise enacted, That if the heir of any accountant or debtor before mentioned, shall happen to be within during his mi- the age of one and twenty years when any such process shall fortune to be awarded, that then during the time of his or her nonage, this Act or any thing therein contained shall not in any wise be extended, executed or put in ure, as touching or concerning only the selling of the lands, tenements or hereditaments of any such heir; any thing in the same Act contained to the contrary in any wise notwithstanding: And yet nevertheless, after such time as any such heir shall accomplish the full age of twenty-one years, all and singular the lands, tenements and hereditaments descended unto the same heir from any such debtor or accountant as aforesaid, shall at all times during the space of eight years then next ensuing, be subject and liable to be sold for the payment and satisfaction of her Majesty, her heirs and successors, according to the intent and true meaning of this Act, in such manner and form to all intents and purposes, as if the same heir had been of full age at the time of the death of such debtor or accountant.

lands liable to sale eight years

after he shall accomplish his

full age.

No sale of lands where

the accountant

VIII. Provided always, and be it enacted, That this Act, or any thing therein contained, shall not extend to the sale of the lands, tenements or hereditaments of any such heir or heirs, for or by reason of any hath a quietus account, debt or farm, whereof any such debtor or accountant have or shall have a quietus est, or discharge in his or their lifetime. 39 El. c. 7. revived by 1 Jac. 1. c. 25. § 31.

est.

7 James I. c. 15.

What debts

only may be as signed to the King.

[No. XV.] 7 James I. c. 15.-An Act concerning some Manner of Assignment of Debts to his Majesty.

WHI

HEREAS it is conceived that some manner of assignments of debts, if they should be made to his Majesty, his heirs and successors, the same would be inconvenient:' His Majesty therefore is well pleased that it be enacted, and be it enacted by authority of this present Parliament, That no debt shall at any time after the first day of July, which shall be in the year of our Lord God One thousand six hundred and ten, be assigned to the King's Majesty, his heirs and successors, by or from any debtor or accountant to his Majesty, his heirs or successors, other than such debts as did before grow due originally to the King's debtor or accountant bona fide: and that all grants and assignments of debts to the King's Majesty, his heirs or successors, which from and

after the said first day of July, shall be had or made contrary to the true intent of this Act, shall be void and of no force; any law, custom, privilege, or thing, to the contrary in any wise notwithstanding.

[No. XVI.] 22 and 23 Charles II. c. 22.-An Act for the better and more certain Recovery of Fines and Forfeitures due to his Majesty.

WH

No. XV.

7 James I.

c. 15.

c. 22.

WHEREAS by divers statutes in old time made, it was provided, 22 & 23 Car. II, That the estreats of fines, issues, amerciaments and other forfeitures should be certified and delivered into the Exchequer yearly,

⚫ and that from thence the estreats of the summons should go forth

⚫ through all shires for the levying thereof: Since the making of which laws many are the abuses and mischiefs arisen and practised, not only by the not timely certifying and estreating the said fines and forfeitures, but also by the sinister practice amongst officers, in sparing, dis⚫ charging and not certifying at all, or if they do certify, yet by miscertifying and estreating the said fines and forfeitures in and into the 'said Court of Exchequer :'

feitures for

II. For remedy whereof, and mischiefs of the like kind, Be it en- All fines, postacted and ordained by the King's most excellent Majesty, by and with fines, issues, the advice and consent of the Lords Spiritual and Temporal, and the amerciaments, Commons, in this present Parliament assembled, and by the autho- recognizances, rity of the same, That from henceforth all fines, post-fines, issues, and other foramerciaments forfeited, recognizances, sum and sums of money paid feited in the or to be paid in lieu or satisfaction of them or any of them, and all other forfeitures whatsoever, which already are or hereafter shall be set, imposed, lost or forfeited in his Majesty's Courts of King's Bench, Bench, to be Common Bench or Exchequer, shall be certified and estreated in and certified twice into the said Court of Exchequer, twice in every year yearly, (that is to every year into say) All fines, post-fines, issues, amerciaments forfeited, recognizances, the Exchequer. sum and sums of money paid or to be paid in lieu or satisfaction of them or any of them, and all other forfeitures whatsoever arising in

King's Bench, or Common

any of the said courts, from the beginning of every Hilary Term in Hilary Term. every year to the beginning of every Trinity Term in every year, shall Trinity Term. be and are hereby ordained to be certified and estreated in and into the said Court of Exchequer, the last day of every Trinity Term in every year.

III. And all fines, post-fines, issues, amerciaments forfeited, recognizances, sum and sums of money paid and to be paid in lieu or satisfaction of them or any of them, and all other forfeitures whatsoever arising in any of the said courts, from the beginning of every Trinity Term in every year to the beginning of every Hilary Term in every year, shall be in like manner certified and estreated in and into the said Court of Exchequer, the said last day of every Hilary Term in every year; on pain that every officer and minister of or belonging to the said courts or any of them, to whom it doth, ought or shall belong or appertain, to make certificate or estreat of any of the said fines or forfeitures, making default or offending therein, to forfeit and pay fifty pounds for every such default or failure that The penalty. shall be made in certifying and estreating as aforesaid; the one moiety to the use of his Majesty, his heirs and successors, and the other moiety to such person or persons that shall or will sue for the same in any court of record by action of debt, bill or information, wherein no wager of law, essoin or protection shall be allowed.

IV. Provided always, That nothing in this Act contained shall alter A saving out of or change the course now used in the certifying and estreating of issues this Act. front the said Court of Common Bench, nor of fines pro licentia concordandi, commonly called post-fines, being termly certified and estreated into the said Court of Exchequer, nor the termly estreating of issues certified out of the office of pleas belonging to the said Court of Exchequer, to the clerk of the estreats there.

c. 22.

All fines and

forfeitures, &c. before judges of assize, clerks

No. XVI. V. And be it further enacted and ordained by the authority afore22&23 C.II. said, That all fines, issues, amerciaments forfeited, recognizances, sum and sums of money paid or to be paid in lieu or satisfaction of them or any of them, and all other forfeitures whatsoever, which already are or hereafter shall be set, imposed, lost or forfeited, by or before any judge or judges of assize, clerk of the market or commissioners of sewers throughout the kingdom of England, shall be and are hereby ordained to be certified and estreated into the said Court of Exchequer twice in every year yearly, (that is to say) All fines, issues, amerciaments forfeited, recognizances, sum and sums of money paid or to be paid in lieu or satisfaction of them or any of them, arising or happening in any of the said courts last mentioned, or before any judge or judges of the same, from the Feast of St. Michael the Archangel in every year, to the Feast of Easter in every The time when. year, shall be certified and estreated in and into the said Court of Exchequer, before the first day of Trinity Term in every year.

of the market,

or commission

ers of sewers,

to be in like manner certified.

VÍ. And all fines, issues, amerciaments forfeited, recognizances, sum and sums of money paid or to be paid in lieu or satisfaction of them or any of them, arising or happening in any of the said courts last mentioned, from the said Feast of Easter in every year to the said Feast of St. Michael the Archangel in every year, shall be certified and estreated into the said Court of Exchequer before the first day of Hilary Term in every year; on pain that every such person and persons to whom it doth, ought or shall belong or appertain to make certificate or estreats of the said fines or forfeitures, making default herein, to forfeit and pay fifty pounds for every such default or failure that shall be made in certifying and estreating as aforesaid; the one moiety to the use of his Majesty, his heirs and successors, and the other moiety to such person or persons that shall or will sue for the same in any court of record by action of debt, bill or information, wherein no wager of law, essoin or protection shall be allowed.

VII. And be it further enacted and ordained by the authority aforesaid, That all and every the clerk and clerks of the peace, and all town clerks, and every of them within the kingdom of England, do and shall make and deliver to the sheriff or sheriffs of the county, city or town corporate, where the sessions of the peace is or shall be kept, within twenty days after the nine and twentieth day of September in every year yearly, a true or perfect estreat or schedule of all fines, issues, amerciaments forfeited, recognizances, sum and sums of money and other forfeitures whatsoever, that are or shall happen to be imposed, set, lost or forfeited in any of the said sessions of the peace respectively, which shall be held before Michaelmas, by or upon any person or persons whatsoever, due to his Majesty;

VIII. And also do and shall yearly in every year, on or before the second Monday after the Morrow of All Souls, make and deliver into the said Court of Exchequer, a true and perfect duplicate, certificate and estreat of all such estreats and schedules so delivered to the respective sheriffs as aforesaid, That so the respective sheriffs on their apposals in the said Court of Exchequer, may be charged with the monies levied and received by him or them respectively, upon such schedules delivered as aforesaid; on pain that every such person and persons offending herein, for every such default or failure made, do forfeit and pay fifty pounds; the one moiety to the use of his Majesty, his heirs and successors, and the other moiety to such person or persons that shall or will sue for the same, to be recovered in any court of record, by action of debt, bill or information, wherein no essoin, protection, or wager of law shall be allowed.

IX. And be it further enacted and ordained by the authority aforesaid, That no officer or minister of or belonging to any of his Majesty's Courts of King's Bench, Common Bench or Exchequer, nor any clerk of assize, clerk of the peace, town clerk, nor any officer or minister under them, or any of them, nor other person or persons whatsoever, do or shall spare, take off, discharge, or wittingly or willingly conceal

any indictment, fine, post-fine, issue, amerciament forfeited, recognizance or other forfeiture whatsoever, exhibited, set, imposed, lost or forfeited, or to be exhibited, set, imposed, lost or forfeited in any of the said courts before mentioned, or before any judge or judges of or belonging to the same, or any sum or sums of money paid or to be paid to any officer or officers in lieu or satisfaction of any fine or forfeiture, unless it be by rule or order in court where such indictment, fine, postfine, issue, amerciament forfeited, recognizance or other forfeiture, is or shall be exhibited, set, imposed, lost or forfeited; nor shall any of the said officers or ministers aforesaid, or any of them, or any other, wittingly or willingly miscertify or estreat in or into the said Court of Exchequer, any fine, post-fine, issue, amerciament forfeited, recognizance or other forfeiture whatsoever, whereby the process of the said Court of Exchequer for the levying of the same may be made invalid and of none effect; but every such officer and officers, and all and every other person and persons offending herein, shall for every such offence forfeit and pay treble the value of such fine, post-fine, issue, amerciament forfeited, recognizance, sum and sums of money, and other forfeiture so spared, taken off, discharged, concealed, not certified, or estreated, or miscertified or estreated as aforesaid the one moiety thereof to the use and behoof of his Majesty, his heirs and successors, and the other moiety to such person or persons as shall or will sue for the same in any court of record, by action of debt, bill or information, wherein no wager of law, essoin or protection shall be allowed; and also shall lose his and their office and place, and be for ever incapable to be employed in any office or place where any part of his Majesty's revenue is to be managed or paid.

No. XVI.

22 & 23 C.II.

c. 22.

Upon all cer

same.

X. And lastly, Be it enacted and ordained by the authority aforesaid, That where any fine or fines, sum or sums of money, or other forfeitures tificates and due to his Majesty, his heirs or successors, shall from henceforth at any estreats, the time or times be paid to any sheriff, clerk of assize, clerk of the peace, green wax shall or other officer or minister whatsoever belonging to any court or courts, go forth for the and be according to the intent and directions of this Act certified and levying of the estreated in or into the said Court of Exchequer there and in such case the summons or process of the green-wax shall go forth and be awarded to the respective sheriffs against such officer and officers, and other persons to whom such fine or fines, sum or sums of money, or other forfeiture is or shall be so paid, for the levying and receiving of the same, that so it may appear when, to whom, and how such monies are received, answered and paid to his Majesty, his heirs and successors; any custom, or usage to the contrary notwithstanding.

XI. Provided always, and be it enacted by the authority aforesaid, A saving of all That nothing in this Act contained shall in any sort extend, or be con- rights and listrued to extend, to the prejudicing of the rights and privileges of any berties. bodies politic or corporate or their successors, or of any lord or lords

of any manor, liberty, or franchise whatsoever; any thing herein to

the contrary thereof in any wise notwithstanding.

XII. Provided always, and be it enacted by the authority afore- A saving to the said, That nothing in this Act contained shall extend to or be city of London. any ways prejudicial to the rights, customs, privileges, liberties, charter or charters of the city of London; but that the said city may enjoy the same accordingly as they formerly have enjoyed the same, in all respects, and to all intents and purposes whatsoever, in the same manner and form as they before this Act had enjoyed the same; any thing herein contained to the contrary thereof in any wise notwithstanding.

XIII. And be it further enacted by the authority aforesaid, That this How long to Act shall continue for three years, and from thence until the end of continue. the next session of Parliament, and no longer. [Made perpetual by

4 & 5 W. & M. c. 24. sec. 4.]

No. XVII.

25 Geo. III. [No. XVII. ] 25 George III. c. 35.-An Act for the more easy and effectual Sale of Lands, Tenements. and Hereditaments of Crown Debtors, or of their Sureties.

c. 35.

13 Eliz. C. 4.

27 Eliz. c. 3.

WE HEREAS by an Act, made in the thirteenth year of the reign of Queen Elizabeth, (intituled, " An Act to make the lands, tene 'ments, goods and chattels, of tellers, receivers, et cetera, liable to the payment of their debts”), for the better security of the Queen's Majesty her heirs and successors, against such as should have the receipt and charge of the money and treasure of her Highness, her heirs and 'successors, it was declared and enacted, That all lands, tenements, profits, commodities, and hereditaments, which certain officers of the Crown, farmers, and persons therein named, particularly the treasurer or receiver of any sums of money impressed, or otherwise, for the ⚫ use of the Queen's Majesty, her heirs or successors, then had, or at any time thereafter should have, within the time he or they, or any of them, should remain accountable; should, for payment and satisfaction unto the Queen's Majesty, her heirs and successors, of his or their arrearages, at any time thereafter to be lawfully, according to the ⚫ laws of the realm, adjudged and determined upon his or their account (all his due and reasonable petitions being allowed) be liable to the payment thereof, and be put in execution for payment of such arrearages or debts, in like and in as large and beneficial a manner, as if the person had, the day he became officer or accountant, stood bound by writing obligatory, having the effect of a statute of the staple, to her Majesty, her heirs or successors; and reciting, that forasmuch as many times it might come to pass, that the Queen's Highness, her heirs or successors, might not be conveniently satisfied of the 'debt to be determined or due upon any account as aforesaid, by way ' of extent, for that the yearly value of the lands extended would not satisfy her Highness, her heirs or successors, within the compass of many years, so as that great loss might ensue to her Highness, her heirs and successors; for remedy thereof it was enacted, That if any 'treasurer, or other person accountant before mentioned, which should, 'from and after the feast of Saint Michael then next ensuing, receive ' or be chargeable with any money or treasure of the Queen, ber 'heirs or successors, and should, upon the determining of his or their account, or by reason of any farm as aforesaid, be found in arrearages ' and should not, within six months next after his or their accounts ⚫ finished, or debt known, pay all such sums of money as he or they should, upon determination of his or their account, or upon his or 'their debt known, it should be lawful to the Queen's Highness, her 'heirs and successors, at any time, and from time to time, after the 'said six months ended, to make sale, by her or their letters under the great seal of England, of so much of the lands, tenements, and hereditaments, of every such accountant or debtor, so being found in arrearages or debt, as might suffice the Queen, her heirs or successors, 'for satisfaction, until her Majesty, her heirs or successors, should be by such sale fully satisfied and paid off such arrearages and debt; and that if any overplus should be received upon any such sale, then the 'same should be paid to the accountant or farmer, or his heirs, by the ' officer that should receive the same money upon any of the said sales, without further warrant in that behalf: And whereas by an Act, made in the twenty-seventh year of the same Queen, after reciting certain doubts upon the said Act of the thirteenth year of her reign, it was 'declared and enacted, That the said recited Act, in every part thereof touching the power thereby given to her Highness, her heirs and successors, to make sale of any the lands, tenements, or hereditaments, by the same Act limited to be sold, should be expounded and in'tended, as well in case where the sale is to be made after the death of 'such accountant or debtor, as where it is to be made in his or their