BHO

William and Mary, 1692: An Act for regulateing Proceedings in the Crowne Office of the Court of King's Bench att Westminster. [Chapter XXII. Rot. Parl. pt. 5. nu. 4.]

Pages 413-414

Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.

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Citation:

In this section

Persons having Grants by Charter inrolled, not bound to plead them to an Inquisition.

Having Grants of Felon's Goods, &c. not bound to inrol the whole.; Fee.; After Inrolment, not bound to plead Grant to Inquisition.

For rectifying the Proceedings in the Crowne Office in Their Majesties Court of Kings Bench and for the greater ease of all Their Majesties Subjects who shall hereafter be prosecuted in the same be it enacted by the King and Queens most excellent Majesties by and with the advice and consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the authority of the same That no Corporation Lord or Lords of Mannors or other person or persons having grants by Charter or other good Conveyancs who have inrolled and had the same allowed in and by the said Court shall hereafter be compelled to plead the same to any Inquisition returned by any Coroner any custome or usage to the contrary notwithstanding And if there be any Corporations Lord or Lords of Mannors or other person or persons who now have or hereafter shall have such Charters or Grants from the Crowne for Felons goods Deodands and othe Forfeitures such Corporations Lords of Mannors and other persons shall not be compelled to inroll their whole Charters and Grants but [bring in (fn. 1) ] the same to the Clerk of the Crowne of the said Court he shall inroll and enter upon record so much thereof as may expresse and set forth the Grants of such Felons Goods Deodands and Forfeitures and no more for doeing whereof he shall have and receive twenty shillings for his fee and entry thereof and no more And from and after such inrollment no Corporation Lord of Mannor or other person or persons Grantees of such Goods or Forfeitures shall be compelled to plead the same in the said Court to any inquisition thereafter filed therein touching any Goods found thereby any usage to the contrary notwithstanding.

II. Clerk of the Crown issuing Process after Inrolment,

Penalty £5.

And be it further enacted by the authority aforesaid That if any Clerk of the Crowne of the said Court shall hereafter issue out any processe against any Corporation Lord of Mannor or other person or persons Grantees of such Felons Goods Deodands and other Forfeitures after inrollment or entry as aforesaid the said Clerk of the Crowne shall for every offence forfeit and pay to the Corporation or party grieved thereby the su[m]m of five pounds to be recovered by bill plaint or informac[i]on in any of Their Majesties Courts of Record att Westminster wherein no essoign priveledge protection or wager of Law shall be admitted nor any more then one Imparlance.

III. Clerk of the Crown not punishable for issuing Process against Heirs, &c. before they have entered or pleaded their Title.

And whereas divers persons having Grants of Felons Goods and Deodands and inrolled and pleaded as aforesaid do many times alien and convey their Interests therein to other person or persons or by their last [Will (fn. 2) ] doe devise the same or by their deaths such Estates do descend to theire Heires whereby the Clerk of the Crowne of the said Court is rendred uncapable to discerne where such Interest lyes until the person or persons to whom such Estates are conveyed devised or descended shall come into the said Court and make entry of such their claime as aforesaid be it therefore hereby further enacted by the authority aforesaid That the Clerk of the Crowne of the said Court for the time being nor any succeeding Clerke there shall incurr any penalty mentioned in this Act for issueing processe against any person or persons who shall not upon every purchase of the Title of such Felons Goods and Deodands inrol and plead the same purchase in the said Court nor against any Devisee of the like Estate who shall not likewise inroll or plead such Devise nor against any Heire who shall not in like manner inroll his or her right by descent to the same and until after such pleas have been allowed of and approved by the said Court nor whereby any inquest of any Coroner or Coroners the goods of any Felon or Felons or Deodands shall be by such inquest not found to be in the hands of such Purchaser Devisee or Heire or their respective Officer or Officers in trust for them respectively.

IV. A Proclamation at the Time of the Exigent in Criminal Cases to be delivered Three Months before Return.

31 Eliz. c. 3.

And whereas it is agreeable to justice that Proceedings to Outlaries in Criminal Causes should be as publick and notorious as in Civil Causes because the consequences to persons outlawed in Criminal Causes are more fatal and dangerous to them and their posterities then in any other causes be it further enacted by the authority aforesaid That upon the issueing of any Exigent out of any of Their Majesties Courts against any person or persons for any Criminal matter before Judgment or Conviction there shall ( (fn. 3) ) issue [out (fn. 4) ] a Writt of Proclamation beareing the same test and returne to the Sheriff or Sheriffs of ( (fn. 5) ) County City or Towne Corporate where the person or persons in the Record of the said Proceedings is or are menc[i]oned to be or inhabit according to the forme of the Statute made in the One and thirtieth yeare of the Reigne of the late Queene Elizabeth of blessed memory which Writt of Proclamation shall be delivered to the said Sheriff or Sheriffs three months before the returne of the same.

V. Continuance of Act.

[Provided always and be it enacted by the authority aforesaid That this Act shall continue and be in force for three years from the Five and twentieth day of March One thousand six hundred ninety three and from thence to the end of the next Session of Parliament and no longer. (fn. 6) ]

Footnotes

  • 1. bringing O.
  • 2. Wills O.
  • 3. alsoe O.
  • 4. O. omits.
  • 5. the O.
  • 6. This Proviso is annexed to the Original Act in a separate Schedule.