Page:Ruffhead - The Statutes at Large - vol 2.djvu/710

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66o C.'4, 5. Anno tricefimo primo Reginae Elizabeths. A.D.1589. a Proclamation JJ, And for the Avoiding of fecret Summons in real Actions, without convenient Notice of the Te- Su moi)fir. h a nants °^ the Freehold, Be it alfo ordained and enacted by the Authority of this prefent Parliament, That wal A£tton"at a ^ ter eve ry Summons upon the Land in any real Action, fourteen Days at the lead before the Day of the the Church- Return thereof Proclamations of the Summons fhall be made on a Sunday in Form aforefaid, at or near door, to the mod ufual Door of the Churches or Chapel of that Town or Pariih, where the Land whereupon the Summons was made doth lie, and that Proclamation fo made as aforefaid, fhall be returned, together Jones 7. pi. 6. w jth the Names of the Summoners : (2) And if fuch Summons fhall not be proclaimed and returned ac- cording to the Tenor and Meaning of this Act, then no Grand Cape to be awarded but Alias and Pluries Summons, as the Caufe fhall require, until a Summons and Proclamation fhall be duly made and return- ed according to the Tenor and Meaning of this Act. The Defendant HI. And be it further enacted, That before any Allowance of any Writ of Error, or reverfing of any. Error fue/ihaU Outlawry be had by Plea or otherwife, through, or by want of any Proclamation to be had or made ac- he bound to an- cording to the Form of this Statute, after the End of Eajler Term next, the Defendant and Defendants- fwer the Plain- in the original Action fhall put in Bail, not only to appear and anfwer to the Plaintiff in the former Suit, tift; and to fa- in a new Action to be commenced by the fiid Plaintiff for the Caufe mentioned in the firft Action, but tisfy the Con- alf to fatisfy the Condemnation, if the Plaintiff fhall begin his Suit, before the End of two Terms next Tsrtber°p'r'.v : - & ^ er t ne allowing the Writ of Error, #r otherwife avoiding of the laid Outlawry.. font relating to Outlawries, fee 4 & 5 W. & M. c. 18 & 22. C A P. IV. An Act againft the Imbezilling of Armour, Habiliments- of War and Victual. Smbezilling the "O ^ li enacted by the Authority of this prefent Parliament, That if any Perfon or Perfons having at Queen's otd- JjJ any Time hereafter the Charge or Cuftody of any Armour, Ordnance, Munition, Shot, Powder nance, Armour, or Habiliments of War, of the Queen's Majefty's, her Heirs or Succeffors, or of any Victuals provided Jf y^* uals ' t0 ' for the Victualling of any Soldiers, Gunners, Mariners or Pioneers, fhall for any Lucre or Gain, or twentyShiHines wittingly, advifedly, and of Purpofe, to hinder or impeach her Majefty's Service, imbezil, purloin or prodded tor . convey away any of the fame Armour, Ordnance, Munition, Shot or Powder, Habiliments of War, or Soldiers, fhall Victuals, to the Value of twenty Shillings .atone or feveral Times; That then every fuch Offence fhall be Felony. De j uc jg ec l Felony, and the Offender or Offenders therein to be tried, proceeded on, andfuffer as in Cafe 3 I»9. 79- of Felony. Within what II.. Provided always, and be it enacted by the Authority aforefaid, That none fhall be impeached for Time the Of- any Offence againft this Statute, unlefs the fame Impeachment be profecuted or begun within the Year fender fhall be next after the Offence done : (2) And that this Act, nor any Thing therein contained, nor any Attain- No P Corrup'tion ^ er 0r Attainders of any Perfon or Perfons for any Offence made Felony by this Act, AiaO in any v/ife extend ■ of Blood nor to or be adjudged, interpreted or expounded, to make the Offender or Offenders to forfeit or lofe any Lands, Forfeiture of the Tenements or Hereditaments any longer than only during his or their Life or Lives, or to make any Inheritance of Corruption of Blood to any the Heir or Heirs of any fuch Offender or Offenders, or to make the Wife Lands or Dower f ar >y f U ch Offender to lofe or forfeit her Dower, or Title of Dower, of or in any Lands, Tenements ^lnii^4.7.'° ny ' or Hereditaments, or her Action or Intereft to the fame; any thing in this Act contained, or any At- tainder or Attainders hereafter. to be had for any Offence made Felony by this Act to the contrary not- The Defendant withftanding : (3) And that fuch Perfon and Perfons as fhall be impeached for any Offence made Felony

may bring Proof by this Eftatute, fnall by Virtue of this Act be received and admitted to make any lawful Proof that he

for his Difcharge. can , by lawful Witnefs or otherwife, for his Difcharge and. Defence in that Behalf; any Law to the farther PreviS- contrary notwithftanding. [Enforced by 22 Car. 2, c. 5.] anrelutingbcreto, 2 3 ® 2 3 .£<"'< 2. < 23. 9 .©".30 }K 3. c. 41, X.Geo, I. Stat. 2. c. 25. Sec. II. 9 Ceo. 1. c. Si. CAP. V. An Act concerning Informers. None reftrained c IT? OR that divers of the Queen's Majefty's Subjects be daily unjuftly vexed and difquieted by divers J>y Order of any, ' Jj common Informers upon Penal Statutes, notwithftanding any former Statute that hath been here- of the Queen's ' tofore made againft their Diforders;-' (2) For Remedy whereof, Be it enacted by the Authority of this - Courts may be p re r en t Parliament, That all former Statutes made for Reformation of Diforders of fuch common Infor- mers, not repealed or altered by this Act, fhall be put in due Execution : (3) And that no Perfon, other than the Party grieved, after twenty Days after the End of this Seffion of Parliament, fhall be received to inform or fue upon any Penal Statute, that before that Time hath been for any Mifdemeanor, by any Order of any the Queen's. Majefty's Courts, ordered not to follow or purfue any Suit upon any Penal Statute. itEtc-.s* II, And be it- further enacted by the Authority aforefaid, That in any Declaration or Information at in informatics any Time after. twenty Days after the End of this Seffion of Parliament to be had, brought, fued or.ex- upon Penal Sta- hibited, the Offence againft any Penal Statute fhall not be laid to be done in any other County, but wl"e t the C of- nty wncre the Contrad, or other Matter alledged to be the Offence, was in Truth done : (2) And that every; fen'ce e was done- Defendant in fuch Action or Information fhall and lawfully may traverfe and alledge, that the Offence mi.ftbe ex- fuppofed by the fame. Suit to be committed, was not committed, in the County where fuch Offence is al- yrc6ecl,.&Ci, ledgedy