gations, or any of them, so to be made as is
aforesaid, that then the said Obligation or Obligations,
and all Process and Execution sued, or to
be pursued thereupon, shall be void, and of no Force
nor Effect. (5) And if it be found by Examination
before them, that the said Obligation or Obligations,
or any of them, were made, or shall be found to be
made, for a true Duty, and by no such Means as
afore is said, that then the said Obligation or
Obligations, and all the Process and Execution sued,
or to be pursued thereupon, shall stand good and
effectual. (6) And if it be so that the Person or
Persons in such Writs named, or to be named,
against whom any such [1] Letters or Writs hereafter
shall be sued, make Default at the Day and Place
limited in the same Writ or Writs, that then all
such Obligation or Obligations as be before specified
and declared, and in the said Writ or Writs expressed,
declared, and specified, and all Manner of Process
and Execution sued, or to be sued thereupon, shall
be void, and of no Force nor Effect ; The Forfeiture of the Sheriff which doth not execute the King's Writ of Proclomation.(7) and that the said Sheriff or Sheriffs, to whom such Writ or
Writs upon this Ordinance hereafter commenced,
shall be directed, shall execute the said Writs according
to the Tenour of the same, upon Pain of
Three hundred Pounds, whereof our Sovereign Lord
the King to have the one Half, and the other Half
to the Party which shall sue the said Writ of
Proclamation. (8) And that the said Party so grieved
may have an Action of Debt in every such Case
against the said Sheriff, for the Half of the said Three
hundred Pounds so forfeit, with Process of Outlawry.
(9) And that the Party or Parties
Defendants in any such Action hereafter to be pursued
against any Sheriff or Sheriffs, shall alledge no
Protection, nor shall wage his Law, nor shall be
received to make or plead any foreign Plea, to be tried
in any other Place than there where the said Writ grounded upon this Statute is sued.
Statutes made at Westminster, Anno 33 Hen. VI. and Anno Dom. 1455.
HENRY by the Grace of God King of England and France, and Lord of Ireland, the Sixth after the Conquest, at his Parliament holden at Westminster the Ninth Day of July, the Three and thirtieth Year of his Reign, by the Advice and Assent of the Lords Spiritual and Temporal, and the Commons of his Realm of England, being in the same Parliament, and by Authority of the same Parliament, made and ordained certain Ordinances and Statutes, for the common Wealth of the same Realm, in the Form following.
CAP. I.
A Remedy for Executors against Servants that imbezzle their Masters Goods after his Death.
|
3 Inst. 104.
Qu. if in use ?
see 33 H. 6. c.7
Rast. Int 29. c. FIRST, Our foresaid Lord the King, considering how that of late Time divers Household-Servants, as well of Lords, as of other Persons of good Degree, shortly after the Death of their said Lords and Masters, violently and riotously have taken and spoiled
- ↑ Not in Original
