Charles II, 1664 & 1665
An Act to prevent Delayes in extending Statutes Judgements and Recognizances.

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History of Parliament Trust

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Author

John Raithby (editor)

Year published

1819

Pages

554-555

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'Charles II, 1664 & 1665: An Act to prevent Delayes in extending Statutes Judgements and Recognizances.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 554-555. URL: http://www.british-history.ac.uk/report.aspx?compid=47366 Date accessed: 23 August 2014.


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Recital that the Security by Statute Merchant and Statute Staple is become of little Use by the Fraud of Conizers, and of the Consequences thereof.

No Execution shall be stayed, though the whole Lands be not extended.; Proviso for Defendant's Remedy for Contribution.

Whereas the Security by, Statute-Merchant and of the Staple is now become of litle use and benefit by the fraude of the Conizers thereof in sundry cases who to prevent the payment of their Debts secretly assigne small parts of their Lands to severall and unknowne. persons, And it haveing beene used that if the Creditor take Execution on such Statute, yet if the Lands of any one or more person or persons, to whom such Alienation was made and lyeable to such Execution be ommitted out of such Extent, the same Execution hath beene avoided by Audita Querela and the party extending lost his Costs and was delayed of his just Debt and soe againe upon any new Extent toties quoties, And if any one Acre or Parcell of Land happened to descend to an Infant the whole Execution was deferred till, full age of such Infant, And if afterwards other part of the Lands or Tenements lyeable to such Debt descended to another Infant then alsoe a farther delay happened dureing that Infancy alsoe, Bee it therefore enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament assembled and by Authoritie of the same That when any Judgement Statute or Recognizance shall be extended the same shall not be avoided or delayed by occasion that any part of the Lands or Tenements extendable are or shall be ommitted out of such Extent, saveing alwayes to the Party and Partyes whose Lands shall be extended his and their Heires Executors and Assignes his and their remedy for Contribution against such person and persons whose Lands are or shall be omitted out of such Extent from time to time.

II. No Contribution against an Heir within Age.

[Provided alwayes that this Act or any thing therein contained shall not be construed to give any Exte?nt or Contribution against any Heire within the age of one and twenty yeares dureing such Minority of such Heire for or in respect of any Lands to such Heire descended farther or otherwise then might have beene before the makeing of this Act, (fn. 1) ]

III. To extend only to Statutes for Debts, and to Extents which shall be sued within 20 Years.

Provided that this Act extend onely, to such Statutes as are or shall be for payment of moneyes, And to such Extent as shall be within Twenty yeares after the Statute Recognizance or Judgement had and obtained,

IV. Continuance of Act.

Provided that this Act shall continue for the space of Three yeares and from thence to the end of the next Session of Parlyament and noe longer

Footnotes

1 annexed to the Original Act in a feparate Schedule.