Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
This free content was digitised by double rekeying. All rights reserved.
Reasons for passing this Act.
Forasmuch as the ordinary Remedy for Arrearages of Rents is by Distresse upon the Lands chargable therewith And yet neverthelesse by reason of the intricate and dilatary Proceedings upon Replevins that Remedy is become ineffectuall For remedy thereof It is enacted by the Kings most Excellent Majestie with the Advice and Assent of the Lords Spirituall and Temporall and Coo[m]mons in this pp[re]sent Parlyament assembled and by Authoritie of the same That whensoever any Plaintiffe in Replevin shall be Nonsuite before Issue joyned in any Suite of Replevin by [Plaint or (fn. 2) ] Writt lawfully returned removed or depending in any of the Kings Courts at Westminster That the Defendant makeing a Suggestion in nature of an Avowry or Cognizance for such Rent to ascertaine the Court of the cause of Distresse The Court upon his Prayer shall award a Writt to the Sheriffe of the County where the Distresse was taken to enquire by the Oathes of Twelve good and lawfull men of his Balywicke touching the Summe in Arreare at the time of such Distresse taken and the value of the Goods or Cattell destrained, And thereupon notice of Fifteene dayes shall be given to the Plaintiffe or his Attourney in Court of the sitting of such Enquiry and thereupon the Sheriffe shall enquire of the trueth of the matters contained in such Writt by the Oathes of Twelve good and lawfull men of his County, and upon the Returne of such Inquisition the Defendant shall have Judgement to recover against the Plaintiffe the Arrearages of such Rent in case the Goods or Cattell destrained shall amount unto that value, And in case they shall not amount to that value then soe much as the value of the said Goods and Cattell soe destrained shall amount unto together with his full Costs of Suite and shall have Execution thereupon by Fieri facias or Elegit or otherwise as the Law shall require,
II. Remedy upon a Nonsuit after Issue.
And in case such Plaintiffe shall be Nonsuite after Conusance or Avowry made and Issue joyned or if the Verdict shall be given against such Plaintiffe then the Jurors that are impannelled or returned to inquire of such Issue shall at the Prayer of the Defendant enquire concerning the summe of the Arreares and the value of the Goods or Cattell destrained And thereupon the Avowant or he that makes Conusance shall have Judgement for such Arrearages or soe much thereof as the Goods or Cattell destrained amounts unto together with his full Costs and shall have Execution for the same by Fieri facias or Elegit or otherwise as the Law shall require
III. Remedy after Demurrer.
And bee it further enacted by the Authority aforesaid That if Judgement in any of the Courts aforesaid be given upon Demurrer for the Avowant or him that maketh Conusance for any Rent the Court shall at the Prayer of the Defendant award a Writt to inquire of the value of such Distresse and upon the Returne thereof Judgement shall be given for the Avowant, or him that makes Conusance as aforesaid for the Arreares alledged to be behinde in such Avowry or Conusance if the Goods or Cattell soe destrained shall amount to that value, And in case they shall not amount to that value, then for soe much as the said Goods or Cattell soe destrained amount unto together with his full Costs of Suite and shall have like Execution as aforesaid.
IV. Where Goods not of sufficient Value, Distress from time to time for residue.
[Provided alwayes and bee it enacted That in all Cases aforesaid where the value of the Cattell destrained as aforesaid shall not be found to be to the full value of the Arreares destrained for that the partie to whom such Arreares were due his Executors or Administrators may from time to time destraine againe for the Residue of the said Arreares. (fn. 1) ]