Page:Ruffhead - The Statutes at Large, 1763.djvu/122

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76
Anno undecimo Edwardi I.
A.D. 1283.

and the Names of them that paid them, unto the which Particulars he may part the Names of such manner dividendis;[1] (2) which being so received under their Seals, it shall not be lawful to number them into other Particulars.

The Sheriff returneth that the Debtor is not found, or hath nothing.X. Moreover, we provide, That all Debts, whereunto the Sheriffs make Return, that the Debtors have nothing in their Bailiwicks, ne had not at such Time as they were charged with the same Debts, or that the Debtors be not found, that the same Debts shall be estreated in Rolls, and the same Rolls to be delivered unto faithful and circumspect Men, which shall make Inquiry thereof after such Form as shall be provided by the Treasurer and Barons.

No Suit shall be prosecuted in the Exchequer, unless it concern the King, or his Officers there.XI. But for so much as certain Pleas were heretofore holden in the Exchequer, which did not concern us nor our Ministers of the Exchequer, whereby as well our Pleas, as the Causes of our People, are unduly prorogued and letted; (2) we will and ordain, That no Plea shall be holden or pleaded in the Exchequer aforesaid, unless it do specially concern us and our Ministers aforesaid. (3) And therefore we command, That ye cause the Premises to be distinctly and openly read afore you, and to inroll it, causing the same to be straitly observed in our Court of Exchequer aforesaid. In Witness of which, &c. Yeven at Rutland the four and twentieth Day of the Month of May, in the tenth Year of our Reign.[2]

  1. Qu. And into what Parcels they would have such Dividends distributed.
  2. Regist. 187.

STATUTUM de MERCATORIBUS,
The Statute of Acton-Burnel, made Anno 11 Edw. I. and Anno Dom. 1283.

Ordaining the Statute-Merchant for Recovery of Debts.

FOrasmuch as Merchants, which heretofore have lent their Goods to divers Persons, be greatly impoverished, because there is no speedy Law provided for them to have Recovery of their Debts at the Day of Payment assigned; (2) and by reason hereof many Merchants have withdrawn to come into this Realm with their Merchandizes, to the Damage as well of the Merchants, as of the whole Realm; (3) the King by himself and by his Council hath ordained and established, that the Merchant which will be sure of his Debt, shall cause his Debtor to come before the Mayor of London, or of York, or Bristol, or before the Mayor and a Clerk (which the King shall appoint for the same) for to knowledge the Debt and the Day of Payment; [1](4) and the Recognisance shall be entered into a Roll with the Hand of the said Clerk, which shall be known. [2](5) Moreover, the said Clerk shall make with his own Hand a Bill obligatory, whereunto the Seal of the Debtor shall be put, with the King's Seal, that shall be provided for the same Purpose, the which Seal shall remain in the keeping of the Mayor and Clerk aforesaid: (6) And if the Debtor doth not pay at the Day to him limited, the Creditor may come before the said Mayor and Clerk with his Bill obligatory; (7) and if it be found by
  1. 1 Mod. 186.
  2. Co. Lit. 289. b.; Cro. El. 233, 355, 461.