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No. 18.

o Eliz. c. 9.

Assessing

of

or one of them shall make Default of such Examination or Writing of his or their Name as is aforesaid; and that it shall and may be lawful for the said Justices or any of them for the Time being, to take Order in all Things that shall be convenient and needful for the Inrolments aforesaid; and upon Examination in the said Courts, to assess such Fine or Amerciament upon any Clerk, Sheriff, Deputy, Attorney Fines for Misprior any other Person for his and their Misprision, Contempt and Negli son, Contempor Negligence. gence, for not doing or mis-doing in any Thing, of, in or concerning the said Fines or Recoveries, or any Part of them or either of them, as by the said Justices for the Time being or any one of them shall be thought meet and convenient: The said Fine and Amerciament to be estreated amongst other Fines and Amerciaments of that Court where such Offence or Misprision shall be committed.

Dal Record.

VIII And be it further enacted by the Authority aforesaid, The ExemplifiThat the Exemplification of any such Inrolment of any Fine or cation or as good Recovery, or of any part thereof, within any of the said twelve Shires Force as the origi of Wales or the said Town and County of Haverford-west, under the Judicial Seal of the said Shire, Town or County, where such Fine or Recovery was levied, had or passed, and the Exemplification of any such Inrolment of any Fine or Recovery, or of any Part thereof within any of the said Counties Palatine, under the Seal of that County Palatine where such Fine or Recovery was levied, had or passed, shall be of as good Force and Validity in the Law, to all Intents, Respects and Purposes, for such Part and so much of any of them as shall be so exemplified, as the very Original Record itself, being extant and remaining, were or ought by Law to be.

the Offices.

IX Provided always, and be it enacted by the Authority afore- Records shall not said, That it shall be lawful for the Justices Clerks, authorised by be carried forth of their Warrant in the said several Offices and Places where the same Records or any of them do or shall remain, to write out or inrol the same Records and every Part thereof, and that the said Records nor any of them, for the writing out or making the Rolls thereof by the Clerks of the said Justices, shall be brought or carried forth of the said Offices or Places

be

amended after Ex

X And be it further enacted by the Authority aforesaid, That No Fine or Re none of the said Fines or Recoveries aforesaid, heretofore levied, covery shall passed or suffered, which shall be exemplified under any Judicial Seal emplification. of any of the said Shires of Wales, or Town or County of Haverfordwest, or under the Seal of any of the said Counties Palatine, according to the Form of this Act, shall after such Exemplifications had be in any wise amended.

XI. [The Heirs of the Lord Powys, Sir Edward Herbert, Vernon]

XII. [The Earl of Kent his Title.]

No. 19.

31 Elizabeth, c. 2.-An Act for abridging of Proclamations upon Fines to be levied at the Common Law.

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W HEREAS the Statute made in the fourth Year of King

That every

shali be proclaim

31 Eliz c 2. HENRY the Seventh hath ordained, Fine to be A Fine lev ed in levied with Proclamations in the King's Court, afore his Justices of the Common Pleas the Common Pleas, should be proclaimed in the same Court that ed four Times, viz. Term in which it is engrossed, and in three Terms then next follow- every Term once, ing, at four several Days in every Term; by Reason whereof they for tour Terms. ought to be proclaimed four Times in every of the four several

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Terms: And that during the Time of proclaiming of such Fines, "all Pleas should cease: which to do according to the Statute (considering the Multitudes of Fines now usually levied) would require sixteen Days in every Term; and by Reason of the many Causes and Suits in that Court, is a far greater Trouble than heretofore hath been, so as scarcely one Day in every Term can be spared for the proclaiming of Fines: Be it enacted by the Authority of this present Parliament, That all Fines with Proclamations, from and after the Feast of Easter next ensuing, to be levied in the said Court, shall be proclaimed only four Times; that is to say, once in the Term wherein it is engrossed, and once in every of the three Terms holden next after the same ingrossing: And that every Fine proclaimed as aforesaid, shall be of as great Force and Effect in Law to all Intents and Purposes, as if the same had been sixteen Times proclaimed according to the Statute heretofore made.

43 Elia. c. 15.

Fines may be Mayor of the City of Chester, for Lands lying there,

levied before the

&c

The Effect of

the Statute of 2 & 3 Ed. 6, c. 28.

The City of Ches. ter made a Coun divided from the County of Ches

ty of itself, and

fer.

Fines levied of

County of the Ci. ty of Chester.

No. 20.

43 Elizabeth c. 15.-An Act for the levying of Fines with Proclamations of Lands within the County of the City of Chester.

WHE

THEREAS by an Act made in the Parliament holden at Westminster by Prorogation, in the second Year of the Reign of our late Sovereign Lord of famous Memory King EDWARD the Sixth, intituled, An Act for Fines with Proclamation in the County Palatine of Chester, It was enacted, That all Fines which at any Time thereafter should be levied or knowledged before the High Justice of the said King, or of his Heirs and Successors, of his County Palatine of Chester, for the Time being, or before the Deputy or Lieutenant Justice for the Time being, of any Lands, Tenements or other • Hereditaments, Iving and being within the said County Palatine of • Chester, which should be openly read and proclaimed in such Man'ner and Form as in and by the said Act is particularly appointed, ⚫ should be of like Force, Strength and Effect in the Law, to all In⚫tents, Constructions and Purposes, as Fines duly levied with Procla⚫mations before the saia King's Justices of the Common Pleas were:

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II. And forasmuch as the said Act doth not extend to any Lands, Tenements or other Hereditaments lying and being within the County of the City of Chester, (the said City, with the Suburbs and Hamlets thereof, and all the Land within the Precinct and Circuit of the said City, Suburbs and Hamlets, being long before, by our late Sovereign Lord of famous Memory, King HENRY the Seventh, by his Highness Letters Patents, bearing Date at Chester the sixth Day of April in the one and twentieth Year of his Reign, divided, ex⚫empted, and in all Things separated from the said County of Chester, and from thenceforth made and appointed to be a County by itself, ⚫ and in itself, distinct and separate from the said County of Chester ;) so that the Inhabitants within the said City, and all others being Owners of Lands within the County of the said City, have no Means to levy any Fines of such their said Lands in any of her Highness Courts of Record.'

HI. May it therefore please your most Excellent Majesty, the Lands within the Lords Spiritual and Temporal, and the Commons of this Realm, in this present Parliament assembled, That it may be enacted by the Authority of the same, That from henceforth it shall and may be lawful to and for all and every Person and Persons whatsoever, upon any ori

No. 20.

49 Eliz. c. 15.

ginal Writ or Writs of Covenant, or any other original Writ or Writs whereupon Fines are or have been usually levied, to be purchased out of her Highness Court of Exchequer within the said County Palatine of Chester, returnable before the Mayor of the said City for the Time being, in the Portmoot-Court to be holden within the said City, to levy any Fine or Fines of any Lands, Tenements or Hereditaments, lying or being within the said County of the said City of Chester, before the Mayor of the said City for the Time being, in the said Portmoot-Court, in such Manner and Form, as Fines may be levied by any Laws or Statutes of this Realm before the Queen's Majesty's High Justice of her County Palatine of Chester, of Lands within the same County Palatine: And that the Mayor of the said City for the Time being, shall from henceforth have full Power and Authority to receive and record all and every such Fine and Fines: And that all and every Proclamations af such Fine and Fines which shall be so levied, and which shall be Fines. openly read and proclaimed before the Mayor of the said City for the Time being, in the said Portmool-Court, once at the same Court-Day that the said Fine or Fines shall be ingrossed, and once at every of the Nine next Court Days of Portmoot to be holden within the said City, before the Mayor thereof for the Time being, next after the Levying and Ingrossing of such Fine or Fines, shall be of like Force, Strength and Effect in the Law, to all Intents, Constructions and Purposes, as Fines duly levied with Proclamations, before her Majesty's said High Justice of her County Palatine of Chester, of Lands within the same County Palatine, are or ought to be of.

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receive a Warrant

IV. And whereas also the Mayor of the said City for the Time being, hath been ever heretofore (for and during all the Time whereof A Dedinius Potes. the Memory of Man is not to the contrary) accustomed, in all and tatem granted to every common Recovery or Recoveries suffered before him in the of Attorney for said Court of Portmool, in Absence of the Tenant or Tenants, the suffering of a • Vouchee or Vouchees in such Recovery or Recoveries, to award and Recovery. ⚫ send forth of the said Court a Writ, Process or Precept of Dedimus • Potestatem, in the Name of our Sovereign Lady the Queen's Majesty that now is, and of her Highness Progenitors, Kings and Queens of England for the Time being, under the Teste of the said Mayor for the Time being, and sealed with the Seal of his Office, thereby authorising those to whom the same was directed or some of them, to receive Warrants of Attornies from such Tenant or Tenants, • Vouchee or Vouchees, to such Attorney or Attornies, as the said Tenant or Tenants, Vouchee or Vouchees, would in his or their Place or Places constitute for him or them to appear in the said Court, and to gain or lose the said Lands, Tenements or Hereditaments, in or by such Recovery or Recoveries demanded or to be ' recovered :'

ter to take the Ac.

V. Be it also enacted by the Authority aforesaid, That upon all A Dedimus Potesand every such original Writ or Writs hereafter to be purchased out of tatem granted by her Highness said Court of Exchequer as aforesaid, for the Levying of the Mayor of Ches any Fine or Fines within the said City of Chester, the Mayor of the knowledgement of said City for the Time being, shall for ever hereafter have full Power a Fine. and Authority to award and send forth such like Writ or Writs, Process or Precepts of Dedimus Potestatem as is aforesaid, to any two or more sufficient Persons, authorizing them or some of them, to receive and take the Acknowledgments of such Person or Persons as shall be willing to levy such Fine or Fines, and by reason of Sickness, or other reasonable Impediment, cannot come in Person before the said Mayor for the Time being, to make such Acknowledgment: And that all and every such Fine and Fines, as upon any such Acknowledgment made and certified into the said Court of Portmoot shall be hereafter engrossed, recorded and proclaimed in such Manner and Form as is

No. 20. 43 Eiz c. 15.

Where a Fine.

by Writ of Erroi.

formerly limited and appointed, before the Mayor of the said City for the Time being, in the said Court of Portmoot, shall be of like Force and Effect to all Intents, Constructions and Purposes, as if the same Fine or Fines had been personally acknowledged before the said Mavor, and engrossed, recorded and proclaimed in such Manner and Form as in and by this present Act is formerly limited, appointed, expressed and declared.

VI. Provided always, and be it enacted, That Fines to be levied levied in Chester by Virtue of this Act shall be subject to be reversed and may be remay be reversed versed upon Writs of Error to be sued and prosecuted before the said High Justice of the said County Palatine of Chester, as other Judgments given by the said Mayor in the said Po-tmoot-Court may be, and have used to be, if there shall be found Error in the same Fine or Fines.

No. 21.

10 & 11 William III. c. 14.-An Act for limiting certain Times, within which Writs of Error shall be brought for the reversing Fines, Common Recoveries and Antient Judgments.

[No Fine or Recovery, &c. shall be reversed, unless Writ of Error be brought in Twenty Years after Fine levied, &c.

Proviso for Infants, &c.

Inserted Part IV. Title ERROR.]

No. 22.

4 Anne, c. 16.-An Act for the Amendment of the Law, and the better Advancement of Justice.

[Inserted ante Part II. Class I. No. 23. Vi. Sections 15 & 16.]

14 Geo. II. c. 20.

No. 23.

14 George II. c. 20.-An Act to amend the Law concerning Common Recoveries, and to explain and amend an Act made in the twenty-ninth Year of King CHARLES the Second, intituled, An Act for Prevention of Frauds and Perjuries, so far as the same relates to Estates pur avtre Vie.

WHEREAS several Leases have been heretofore, and are here

after likely to be made, of Honors, Castles, Manors, Lands, Tenements, and Hereditaments, for one or more Life or Lives, under particular Rents thereby reserved, and to be reserved: And whereas procuring Surrenders of such Freehold Leases, or the Te'nants thereof to join, in order to make Tenants to the Writs of Entry or other Writs for suffering Common Recoveries, frequently 'occasions great Trouble, Difficulty, and Expence to Tenants in Tail,

No. 23.

without Surrender

and the same cannot in many Cases be obtained, by Reason of the Uncertainty in whom the legal Estate of Freehold under such Leases 14 Geo. II. c 20is vested, and also by Reason of the Disabilities and Incapacities of such Lessees, or Persons claiming under them, by Means whereof • Purchases and Family Settlements are often delayed, and may be in great Danger of being defeated, if some proper Remedy be not pro⚫vided: For Remedy whereof, be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That all Common Common RecoveRecoveries suffered or to be suffered in his Majesty's Court of Common res to be valid. Pleas at Westminster, or in any other Court of Record in the Princi- of Freehold Leases pality of Wales, or in any of the Counties Palatine, or in any other Court having Jurisdiction of the same, of any Honors, Castles, Manors, Lands, Tenements, or Hereditaments, without any Surrender or Surrenders of such Lease or Leases, or without the Concur rence, or any Convevance or Assurance from such Lessee or Lessees, or other Person or Persons claiming under such Lessee or Lessees, in order to make good Tenants to the Writs of Entry, or other Writs, whereupon such Recoveries have been or shall be had or suffered, shall be as valid and effecteal in Law, to all Intents and Purposes whatsoever, as if such Lessee or Lessees, or any other Person or Persons claiming under him, her, or them, had conveyed or joined in conveying, or shall convey, or join in conveying, a good Estate of Freehold to such Person or Persons, as has or have been or shall become, Tenant or Tenants to such Writs of Entry, or other Writs, whereupon such Common Recoveries have been or shall be suffered.

11. Provided always, That nothing in this Act contained shall What shall make extend, or be construed to extend, to make any Common Recoveries Comtuon Recove valid and effectual in Law, unless the Person or Persons intitled to ries valid. the first Estate for Life, or other greater Estate (in case there be no such Estate for Life in Being) in Reverson or Remainder, next after the Expiration of such Leases, has or have by some lawful Act or Means conveyed or assured, or joined in conveying or assuring, or shall by some lawful Act or Means convey or assure, or join in conveying or assuring, an Estate for Life at the least, to such Person or Persons as has or have been, or shall become Tenant or Tenants to the Writs of Entry, or other Writs, whereupon such Common Recoveries have been or shall be suffered.

111. Provided also, That nothing in this Act contained shall be construed to extend to prejudice the Estate of such Lessee or Lessees, or any Person or Persons claiming any Interest under such Lessee or Lessees.

Proviso.

Evidence to be

IV. And whereas, by the Default or Neglect of Persons em⚫ployed in suffering Common Recoveries, it has happened, and may happen, that such Recoveries are not entered on Record, whereby Purchasers for a valuable Consideration may be defeated of their just Rights, For Remedy thereof, be it further enacted by the Authority aforesaid, That where any Person or Persons hath or have purchased, allowed of Comor shall purchase for a valuable Consideration, any Estate or Estates mon Recoveries. in Lands, Tenements, or Hereditaments, whereof a Recovery or Recoveries is, are, or were necessary to be suffered, in Order to compleat the Title, such Person and Persons, and all claiming under him, her, or them, having been in Possession of the purchased Estate or Estates from the Time of such Purchase, shall and may, after the End of Twenty Years from the Time of such Purchase, produce in Evidence the Deed or Deeds, making a Tenant to the Writ or Writs of Entry, or other Writs for suffering a Common Recovery or Common Recoveries, and declaring the Uses of a Recovery or Recoveries,

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