Page:Ruffhead - The Statutes at Large, 1763.djvu/121

upon the Accompt of Sheriffs; and the Debts whereof the Sheriffs are answerable shall be written in the annual Roll, and there shall be acquitted.

Tallies for Debts.III. Moreover, we will and provide, That it shall be proclaimed in every County, that all they that have Tallies of the Exchequer, for the Debts of themselves or their Ancestors, hitherto paid usually there, and not yet allowed, which yet do come in the Summons of the Exchequer, they do deliver to the Sheriffs such Tallies, to be allowed at the Exchequer upon their Accompts. (2) And the Sheriffs shall make to them (of whom they shall so receive Tallies) their Writings, witnessing the Receipt of those Tallies, and Occasion of the Debts.

Two Knights.IV. Two faithful Knights deputed thereunto, shall be present at the Receipt of the Tallies aforesaid, between whom and the said Sheriffs Indentures shall be made of such Receipts, with the Seals of them both interchangeably.

V. The foresaid Knights, deputed thereunto, shall send the Parts of their Indentures, at the Term appointed, unto the Exchequer in Form aforesaid, to the end, that by the View and Witness of them, the said Tallies so received by the Sheriffs, may be shewed and allowed upon their Accompts.

Having Tallies, and not delivering them.VI. Moreover, it shall be proclaimed, That except those that have such Tallies do deliver them to the Sheriffs and Knights, as afore is said, that then they shall be distrained for the whole Debt, and that the foresaid Tallies shall be reputed for unpaid.

VII. Moreover, the Debts which yet are to come in the Summons of the Exchequer, whereof the Debtors do proffer Tallies against divers Sheriffs, shall be defalked and acquitted.

Commissions to enquire of the King's Debts.VIII. Moreover we provide, That certain Persons assigned thereunto on our Behalf, shall be sent into every Shire, which shall have full Power to enquire of such Manner of Debts; (2) and also to call afore them solemnly, as well the Sheriffs, as their Heirs and Assigns, and the Tenants of their Lands, in cafe they be dead that have received the Debts; (3) and also, if Need be, to proceed to the taking of such manner of Inquests, whether the Parties (against whom the foresaid Tallies were shewed) do come or not; so that the Sheriff do return a reasonable Summons made to them therefore; (4) and so the Truth being inquired and discussed in Presence of the Parties (if they will be there) the Inquisitors shall make Rolls of them that shall be convict afore them; so that the foresaid Debts being confessed and inrolled, the Tallies of the same shall be forthwith broken. (5) And the Sheriffs shall have in their Custody the Transcripts of the same Rolls, under the Seals of the Inquisitors; (6) and shall surcease in making Distresses for the Debts contained in the same, until they shall have otherwise in Commandment from us therefore. (7) And the foresaid Inquisitors shall send unto the Exchequer the foresaid Rolls under their Seals, that it may be examined there, by a Search to be made therefore, what Debts be paid in the Whole, and what are paid in Part, and what Debts there be, whereof the Debtors be not acquitted, according as shall be convenient to be done.

Tallies of Dividends.IX. Moreover, we will and provide, That the Chamberlains from henceforth shall not make to the Sheriffs, or any of their Bailiffs, Tallies of dividendis, unless they first receive of them Writings containing the particular Sums ⟨and Occasions⟩^[1] of the Actions of Debts,