Page:Ruffhead - The Statutes at Large - vol 6.djvu/249

A. D. 1735. Anno oclavo Georgii II. C. 16. 187 that Judgment (hall be given againft fuch Plaintiff or Plaintiffs on Demurrer, or that a Verdict (hall be given againft him, her or them. II. And be it enacted by the Authority aforefaid, That when any fuch Bond, as above mentioned, The sheriff to (hall' be entred into before the faid Sheriff, fuch Sheriff (hall immediately certify the fame in Writing to certify fuch the chief Clerk or Secondary in the Court of King's Bench, or his or their Deputy, or to the Filazer of on ' that County wherein fuch Robbery (hall be committed, or his Deputy, in cafe the Action be intended to be brought in the Court of Common Pleas, or if in the Court of Exchequer, to the Clerk of the Pleas, or his Deputy; which Certificate (hall be delivered by the Party or Parties robbed, to the faid a^d dieCerttt- chief Clerk or Secondary, or his or their Deputy, or to fuch Filazer, or his Deputy, or to fuch Clerk of "^J^ered to the Pleas, or his Deputy, before any Procefs (hall iffue for the Commencement of fuch Suit as afore- thechief cie.u, faid ; and fuch chief Clerk, Secondary, Filazer or Clerk of the Pleas, or their refpeclive Deputies, or &c, before Pra- ttle faid Sheriff, fhall not take any greater Fee or Reward for making fuch Bond than five Shillings over The 8 Fees. and above the Stamp Duties ; nor lhall any Sheriff take any greater Fee or Reward for making, nor fhall any fuch chief Clerk, Secondary, Filazer or Clerk of the Pleas, or their refpedive Deputies, take any greater Fee or Reward for receiving and filing fuch Certificate than two Shillings and fix Pence; and The Bond to Tuch chief Clerk, Secondary, Filazer or Clerk of the Pleas, or their refpeftive Deputies, and Sheriff ^ to (he Hil?" as aforefaid, are hereby required to deliver over gratis (upon reafonable Requeft made for that Purpofe) Conftable. all and every fuch Bonds, to be by them refpec'tively taken purfuant to this prefent Act, to the High. Con- ftable or High Conftables to whofe Ufe the fame (hall be taken as aforefaid. III. And be it further ena&ed by the Authority aforefaid, That no Hundred, or Franchife therein, """glable if fhall be chargeable by virtue of the above mentioned or any other Statute, if one or more of the Felons, one of theVe- by whom fuch Robbery fhall be committed, be apprehended within the Space of forty Days next after '° ns b <{ ?PP re " fuch publick Notice given in the London Gazette as aforefaid. _ Daysafte" No- IV. Be it likewife enacted by the Authority aforefaid, That no Procefs for Appearance in any Action ticeintheGa- to be brought upon the faid Statutes, or either of them, againft any Hundred, fhall be ferved on any zette. Inhabitant thereof, fave only upon the High Conftable or High Conftables of the Hundred wherein High Conftable the Robbery (hall happen, who is and are hereby required to caufe publick Notice thereof to be given in ^-^^p"^ one of the principal Market Towns within fuch Hundred on the next Market Day after he or they fhall ™ e 'r S) be ferved with fuch Procefs, or if there fhall happen to be no Market Town within fuch Hundred, then who is to give in tome Parifh Church within the fame Hundred immediately after Divine Service, on the Sunday next after FJ^-eof ^ftiief his or their being ferved with fuch Procefs, and he or they is and are alfo hereby impowered and required next Market to enter, or caufe to be entred, an Appearance in the faid Action, and alfo defend the fame for and Day, on Behalf of the Inhabitants of the faid Hundred, as he or they lhall be advifed ; and in cafe the Plain- cVurch & ^^ tiff or Plaintiffs in fuch Action fhall recover and obtain Judgment therein, that then no Procefs of Execu- an d /had enter tion fhall be ferved on any particular Inhabitant or Inhabitants of the faid Hundred, or any Franchife Appearance ; within the Precinct thereof, nor on the faid High Conftable or High Conftables ; but the Sheriff or his ' r [^^ ia Officer fhall, upon the Receipt of any Writ or Writs of Execution to him directed in purfuance of the the sheriff to faid Judgment (inftead of ferving the faid Writ or Writs on any Inhabitant or Inhabitants) caufe the fhew the Writ fame to be produced and {hewn gratis unto two Juftices of the Peace of the County, Riding or Divi- j V y * wfc,," t0 fion (whereof one to be of the Quorum) and rending within the faid Hundred, or near unto the fame, who fhall thereupon with all convenient Speed caufe fuch Taxation and Affeffment to be made, and to w ho are to tax be levied and collected in fuch Manner as is prefcribed in and by the aforefaid Statute made in the and levy the twenty-feventh Year of the Reign of Queen Elizabeth, in which Taxation and Affeilment there fhall ^"f* § s liz / be provided for and included, over and above what the Cofts and Damages recovered by the Plaintiff 2I Geo. 2. c. 46. Or Plaintiffs in fuch Action (hall amount to, all fuch juft and neceffary Expences which any High Con- feci. 34. ftable or High Conftables of any Hundred hath or have been, or (hall be at, in having defended any fuch Action as aforefaid, Claim being made thereto by fuch High Conftable or High Conftables before the faid Juftices, upon due Notice being given to him or them by the faid Juftices for that Purpofe ; and the The Money to Sums of Money fo to be levied and collected, fhall be paid over and delivered (by fuch fuch Officer or be i ,a "J in c '°,_ Officers, as by the faid Statute made in the twenty-feventh Year of the Reign of Queen Elizabeth jeaion^to ti°e" are to levy and collect the fame) within ten Days after fuch Collection, to the Sheriff of the County sheriff, for the wherein the Robbery fhall happen, to the Ufe and Behoof of the Plaintiff or Plaintiffs in fuch Action, Vk ofOie Plain* for fo much as the Cofts and Damages by him, her or them recovered (hall amount to, and to the Ufe ' and Behoof of the faid High Conftable or High Conftables, for fo much as his or their Expences in de- ■ fending the faid Action fhall amount to, of which the faid High Conftable or High Conftables fhall give in an Account, and make due Proof upon Oath, to the Satisfaction of the faid Juftices, before any Taxation and AffefTment fhall be made for the reimburfing fuch High Conftable or High Conftables (which Oath the faid Juftices are hereby authorized and required to ackninifter) and fhall in fuch Expen- ces have no further Allowance toward paying an Attorney to defend the faid Action, than what fuch At- torney's Bill fhall be taxed at by the proper Officer of that Court where fuch Action fhall be brought, which the faid High Conftable or High Conftables fhall caufe to be taxed for that Purpofe. V. And be it alfo enacted by the Authority aforefaid, That the Sum or Sums of Money which lhall The Money t» be paid over and delivered to the Sheriff of the County, as is herein before mentioned, fhall (uponrea- be paid without fonable Requeft made) be by him paid and delivered over to the feveral Parties who fhall be intitled to receive the fame, without any Deduction, Fee or Reward whatfoever. VI. And that fufficient Time may not be wanting for fuch Taxation and AiTeiTment to be duly made, and for the Money to be levied and collected thereupon, after fuch Writ or Writs of Execution (hall be (hewn to fuch Juftices, and before the Sheriff lhall be obliged to make a Reun n thereof ; Be it enacted by the Authority aforefaid, That no Sheriff (hall be called upon or required to make any Return to any B b z fuch