Page:Ruffhead - The Statutes at Large - vol 2.djvu/199

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A. D. 1531. Anno viccfimo tcrtio IIenr icr VIII. C. 4. 161 1 In thefamo; (-, ) and if the fan! Grand Jury appear not upon the J 1 main, heth i o»d Diftrefs x/.s. and after making I)

1 ... inftthem, and every of them, thai (1 i in

ore exprcfl'ed againft every of the laid Grand Jur , ($.) and tl

ty, ivy of the laid Petit fury, the faid Attaint (hull not abate, nor be defen I

[wo ol the I lid Petit .[up; he alive. VI. n in any Action, Suit, or Demand al ntofa J u d ; . d, of any Thing perfonal, as Debt, Trelpafs, and other like, which fhall be under the tat then the Party grieved fhall have Attaint, with fuch Procefa and Pleas as i : I, and Delays to be taken away, as is afore remembred j (2) except that in this Cafe of Attaint, *. 1 ind Jury that may difpend v. Marks by the Year of Freehold out of ancient De- , , ,. 7V . mean, or is worth an hundred Marks of Goods and Chatties, (hall be able to pafs - in the fame Atta (3) , til I'n )■ be attainted, that then they (hall in this Cafe of Attaint every of them to forfeit 1 One Half fhall be to the King, and the other Half to the Party, after the Form afore re- . and over that to make Fine and Ranfom by the Di fere t ion of the J unices, as is aforcfaid. VII. And if there be not Perfons of fuch Sufficiency within the Shire or Place where any of the faid Talc in anoil.rr Attaints fhall be taken, as may pals into the fame, be it ordained by the Authority abovefaid, That then c.'-n-.y ifihcre One Tak; fhall he awarded into the Shir.; next adjoining, by the Difcretion of the 'Jul: ices afore whom the ^"Jj, 1 ,, 1 ,^ fame Attaints fhall be tak.cn, which fhall be warned to appear upon like Pains as aforcfaid, and enabled to t! K famcCoun-y. in the faid Attaints, as if they were dwelling in the Shire where the fame Attaint fhall be taken. (2) An Attiim 1 «  And tha th fame Laws, Action, and Remedy ordained by this prefent Aft, be kept for and to all them himinRei 1 that fhall be grieved by fuch untrue Verdifts of any Inheritance in Defcent, Revernon, Remainder, or of or "* crr, -" nc any Freehold in Reveriion or Remainder. (3) And if the Party in Attaint given by this Act be nonfuit, or Nonfuit in At- the fame difcontinue, that then the fame Party fo nonfuit, or fo difcontinumg the. faid Attaint, makeFine 1 and Ranfom by the Difcretion of the Juftices afore whom the faid Attaint fhall be taken and depending. VIII. And that all Attaints hereafter to betaken, fhall be taken afore the King in his Bench, or afore Attainti imuft the Juftices of the Common Place, and none in other Courts ; (2) and that Nift Prius fhall be granted by k = '"; d '"' tl Difcretion of the Juftices upon the Diftrefs ; (3) and every of the faid Petit Jury may appear, and anfwer /common by Attorney in the faid Attaint; (4) and that the Moiety of the (aid Forfeiture of the Petit Jury fhall be p iCt , levied to the, Ufe of our Sovereign Lord the King by Capias ad fatis faciendum, or Fieri fac or Elegit, or by Dyer »oz. Action of Debt againft every Perfon of the Petit Jury fo forfeiting! and againft his Executors and Admini- Moor 17. pi. 60. having then fufKcient Goods of their faid Tcftator not adtniniftred, and the other Moiety fhall by ^'l r -'■'-. like Procefs be* levied to the Ufe of the Party that fueth any Attaint given by this Act againft: every of the 4^1" m faid Petit Jury and his Executors or Adminiftrators, having then Sufficiency of Goods, as is aforefaid, not Attorney in adminiftrcd ; (c) and the Judgement of Reftitution to the Party grieved fuing this Act, and Execution Attaint, thereof to be had, and like Judgement for the Party Defendant, or Tenant, to be difcharged of Reftitution, Judgement and as afore this prefent Act in cafe of a grand Attaint hath been ufed ; (6) and if there be divers Plaintiffs or E*e cu " on ln Demandants in Attaint, that the Nonfuit or Releafe of any of them fhall not be in any wife hurtful or TheNonfiiit or firejtidicial to the Refidue, but that they and every of them in fuch Cafes may be fummened and fevered, Rejeafe of one ike as it is ufed when there be divers Demandants in Actions real. iff (hall IX. Be it alfo ordained and enacted by the Authority aforcfaid, That in every Writ of Attaint hereafter not prejudice bit to be taken by or upon this Act, the which fhall be fuch as other Writs of Attaint be, and after the 7^/V Companions. of the fame Writ fnall be written thefe Words in Latin : ' Per ftatutum continuatum ufque annum vi-

  • ccfimum tcrtium domini Henr' odtavi, Dei gratia Angliae & Franciae Regis, fidei defens' & domini Hi-

' hernia?.' . X. And it is alfo enacted, That this Act fhall take Effect for Verdias hereafter to be given, and to g°° t, " ued & ", continue to the laft Day of the next Parliament. n/s.'c. 23. XI. Provided alway, That this Act be not prejudicial to a Statute made in the Eleventh Year of the late Any Perfon may- King of famous Memory, Henry the Seventh, for Punifhment of Perjury in untrue Verdicts given in fue an Atraint j Plaints fued in the Courts of the City of London, but that it fhall be at the Liberty of al! Perfons, for and u P on this Sta " upon any untrue Verdict given in any Courts of the fame City, to fue their Attaint upon this Eftatute, or elfe upon the faid Eftatute made in the laid Eleventh Year, at their own Pleafures and Wills. 7. c.ai. Raft. pi. f. 84. Dyer r*. sol. 37 H. S. c. 5. Made perpetual by 13 El. c. 25. Ar.d fee farther cmccrr.ing Jurors, 7 " S h". ; .-.32. ;C: . r 4 Gee. 2. c. 7. 6 Ceo. 2. c. 37. 24 Gra. a. c. 18. and 29 Geo. 2. c. 19. C A P. IV. An Act: concerning new making of Barrels, Kilderkins, and other VelTels. 1 J HERE the Ale-brewers and Beer-brewers of this Realm of England have ufed, and daily do ufe, ' VV for their own lingular Lucre, Profit, and Gain, to make in their own Houfts their Barrels, Kil- ' derkins, and Firkins, of much lefs Quantity, Content, Rate, and AlTtze than they ought to be, to the • ' great Hurt, Prejudice, and Damage of the King's liege People, and contrary to divers Acts, Statutes, 4 cient Laws and Cuftoms heretofore made, had, and ufed, and to the Destruction of the poor Craft or ' Myftery of Coopers:' (2) For Reformation whereof, be it enacted by the King our Sovereign Lord, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament aflembled, and by Au- thority of the fame, That no Beer-brewer nor Ale-brewer, that fhall brew to Sate Beer or Ale, fhall from - r

eforth occupy by himfelf, nor by any other to his Ufe, in his Houfe, nor elfewhere, the Myftery or Graff* Ale or E

of Coopers, nor make any Barrels, Kilderkins, Firkins, of other Vefiels, by himfelf, nor by his or their ! ' Vol. II. Y own ' : '•