Page:Ruffhead - The Statutes at Large - vol 3.djvu/738

This page needs to be proofread.

'682 C. 3t. Anno octavo 6s nono G u L I E L M I III. A. D. 1697^' ^oorChiWien poor Children fhall be appointed to be bound Apprentices, purfuantto the faid A8:, the Perfon orPerfons, bound Appien- (.^ whom they are To appointed to be bound, fhall receive and provide for them, according to the Inden- 'h"Aft^"Hiz° ■'^"^ fig»ed and confirmed by the two Juftices of the Peace, and alio execute the other Part of the faid In- e l. thai t'o'^' dentures ; and if he or fhe fhall refufe fo to do, Oath being thereof made by one of the Churchwardens, whom they are or Overfeers of the Poor, before any two of the Juftices of the ^eace for that County, Liberty, or Riding, ■hound, toprovide he or fhe for every fuch Offence fliall forfeit the Sum often Pounds, to be levied by Diftrefs and Sale for them accor- , ^f jj^e Goods of any fuch Offender, by Warrant under the Hands and Seals of the faid Jufdces, the fame t»"f f°'ned L to be applied to the Ufe of the Poor of that Parifh or Place where fuch Offence was committed ; faving the'^Juftices, &c. always to the Perfon, to whom any poor Child fliall be appointed to be bound an Apprentice as afore- Penalty on Of- faid, if he or fhe fhall think thcmfelves aggrieved thereby, his or her Appeal to the next General or fender. Quarter-SefTions of the Peace for that County or Riding, whofe Order therein fhall be final, and con- Perfonsjowhom ^^^^ ^jj parties. poor Children .are bound, being aggrieved, may appeal to the Juftices. -'nft ^-'•' ^^-'^ ^® '^^ further enabled by the Authority aforefaid, That from and after the firflDay of May one 3/yorder^for thoufand fix hundred ninety-feven, the Appeal againft any Order for the Removal of any poor Perfon from Removal of poor out of any Parift), Townfhip, or Place, mall be had, profecuted, and determined, at the General or Perfon to be de- Quarter-Seffions of the Peace for the County, Divifion, or Riding, wherein the Parifh, Townfhip, or termined at the Place, from whence fuch poor Perfon fhall be removed, doth lie, and not clfewhere ; any former Law or TOs Aft'^notTo Statute to the contrary thereof in any wife notwithftanding. make void VIL Provided always. That nothing in this A61: contained fhall extend, or be conftrued to extend, to •Cliurchwardens, make void any Promife or Engagement already made by the Churchwardens or Overfeers of the Poor of ■■&c. any Parifli, Townfhip, or Place, to receive and take back any Perfons, in cafe they fliould become poor, yromife totakc ^j^j ^^^^t Relief. tn cafeof Pove°" VIIL Provided, That this Aflr, nor any thing therein contained, fhall be conftrued to hinder the Juftices ty, norto hinder of the Peace within the Liberty of Saint Albans, from hearing and determining any Appeals for the Settle- ju'fticesofPeace ment of the Poor in their Qiiarter-Seffions, as they might have done before the making of this Adl j any at St, Albans thing therein contained to the contrary in any wife notwithftanding. fiom hearing jippeais foriit. rg Q^^ I . c. 7. ^ 7. The like Provifion is made for the Borough St. Peter and Hundred of Naffa -J ing their Poor, 'rt 1 ■ -kT ,! 1^ n ■ 1 .Farthur Prmji- J^orough HI Northamptonjhire. fiom concermn^ Poor, g i^ 10 W. 3. c, II. 12 Ann.. fiat. I, c, 18. 5 Geo, I. c. 8. 9 Geo. I. c. 7. z Gm. a. c, 28, 3 Geo. 2. c, 19, jy Geo, 2. c, 3, 37 G? ■jS, ani JI Geo. 2. c. II . CAP. XXXI. -An Aft for the eaficr obtaining Partitions of Lands in Coparcenary, Joint Tenancy, and Tenancy in Common. -5s J7. 8, c. I. J TTZHEREAS the Proceedings upon Writs of Partition between Coparceners by the Common Law ■.%z-H,%.c. ^x, ^ jy or Cuftom, Joint Tenants, and Tenants in Common, are found by Experience to be tedious, ^ chargeable, and oftentimes inefteftual, by reafon of the Difficulty of difcovering the Perfons and Eftates of the Tenants of the Manors, Meflliages, Lands, Tenements, and Hereditaments, to be divided, and

  • the defective or dilatory executing and returning of the Procefs of Summ.ons, Attachment, and Diftrefs,

and other Impediments, in making and eftablifhing of Partitions, by reafon of which divers Peribns ha- ving undivided Parts or Purparts are greatly opprefled and prejudiced, and the PremilTes are frequently ' wafted and deflroycd, or lie uncultivated and unmanured, fo that the Profits of the fame are totally or Wm. V. 14, 470 ' in a great Meafure loft :' For Remedy whereof be it enafted by the King's moft Excellent Majefty, by °5j5' and v/ith the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent After Prorcfs of Parliament aflembled, and by the Authority of the fame. That from and after the firft Day of May one ^ent rctm-'ned thoufaiid fix hundred ninety-feven, after Procefs of Pawi? or Attachment returned upon a Writ of Partition, on Writ of Par- Affidavit being made by any credible Perfon of due Notice given of the faid V/rit of Partition to the Te- tition, nant or Tenants to the Action, and a Copy thereof left with the Occupier, or Tenant or Tenants, or if they cannot be found, to the Wife, Son or Daughter (being of the Age of one and twenty Years or up- wards) of the Tenant or i enants, or to the Tenant in aftual PofTeilion, by virtue of any Eftate of Freehold, or for Term of Years, or uncertain Intereft, or at Wiil, of the Manors, Lands, Tenements or Heredi- taments, whereof the Partition is demanded (unlefs the faid Tenant in aftual PofTeilion be Demandant in 5f thcTenant do the A£fion) at leaft forty Days before the Day of Return of the faid Pons or Attachment, if the Tenant or not enter an Ap- Xena.nts to fuch Writ, or any of them, or the true Tenant to the Meflliae;es, Lands, Tenements and He- 'iTo^yl"^'" "" red'tannents as aforefaid, fhall not in fuch Cafe, within fifteen Days after Rettirn of fuch Writ of Pone or Attachment, caufe an Appearance to be entred in fuch Court where fuch Writ of Pone or Attachment •Court may pro- fliall be returnable, then in Default of fuch Appearance, the Demandant having entred hi.5 Declaration, the ,ceed to examire. Court may proceed to examine the Demandant's Title, and Qiiantity of his Part and Purpart, and acor- die Demandant's (jjngly, as they fliall find his Right, Part and Purpart to be, they fnall for fo much give Judgment by ' Default, and av/ard a V/rit to make Partition, whereby fuch Proportion, Part and Purpart may be fet out give Judgment feveraliy ; which Writ being executed after eight Days Notice given to the Occupier, or Tenant or Te- by Detauk, and nants of the PremilTcs, and returned, and thereupon final Judgment entred, the fame fliall be good, and

  • "' p'^^ P fV '" conclude all Perfons whatfoever after Notice as aforefaid, whatever Right or Title they have, or may at

' any Time claim to have in any of the Manors, Mefiuages, Lands, Tenements and Hereditaments, men- tioned in the faid Judgment and Writ of Partition, although all Perfons concerned arc not named in any •«f -the Proceedings, nor the Title of the Tenants truly fet forth. n. Provided