Page:Ruffhead - The Statutes at Large, 1763.djvu/133

ought to be admeasured by the Law of England. ^[1](3) And as well in this Writ, as in a Writ of Admeasurement of Pasture, more speedy Process shall be awarded than hath been used hitherto; (4) so that when it is come unto the great Distress, Days shall be given, within which two Counties may be holden, at the which open Proclamation shall be made, that the Defendant shall come in at the Day contained in the Writ, to answer to the Plaintiff; at which Day, if he come in the Plea shall pass between them; (5) and if he do not come, and the Proclamation be testified by the Sheriff in manner abovesaid, ^[2]upon his Default they shall make Admeasurement.

^[1]WHereas by a Plea moved upon a Writ of Admeasurement of Pasture, the Pasture was sometime admeasured before the Justices, sometime before the Sheriff in the County, (2) and it chanced many times, after such Admeasurement made, the Pasture to be overcharged again by him that first did it, with more Beasts than he ought to keep, whereupon no Remedy hath been yet provided; (3) it is ordained, That upon the second Overcharge, the Plaintiff shall have Remedy in this manner: (4) If the Admeasurement were before the Justices, the Plaintiff shall have a Writ judicial, that the Sheriff in Presence of the Parties being summoned (if they will come) shall inquire upon the second Overcharge; which if it be found, it shall be returned before the Justices, under the Seals of the Sheriff, and the Seals of the Jurors; Admeasurement before Justices.(5) and the Justices shall award the Plaintiff Damages, and shall put in the Extreats the Value of the Beasts which were put into the Pasture after such Admeasurement more than he ought, and shall deliver the Extreats unto the Barons of the Exchequer, whereof they shall answer unto the King. Admeasurement in the Country.(6) If such Admeasurement were made in the County, then, at the Request of the Plaintiff, a Writ shall go out of the Chancery, that the Sheriff shall inquire of such Overcharge; and for the Beasts put in the Pasture above the due Number, or for the Value of them, he shall answer to the King at the Exchequer. (7) And lest the Sheriff might defraud the King in this Case, it is agreed, that all such Writs De secunda superoneratione, that pass out of the Chancery, shall be inrolled, and at the Year's End the Transcripts shall be sent into the Exchequer under the Chancellor's Seal, that the Treasurer and Barons of the Exchequer may see how the Sheriff doth answer of the Issues of such Writs. (8) In the same wise Writs of Redisseisin ^[2]shall be inrolled and sent into the Exchequer at the Year's End.

^[1]WHEN chief Lords distrain in their Fee for Customs and Services to them due, and there is a Mean which ought to acquit the Tenant, sithence it lieth not in the Mouth of the Tenant, after that he hath replevied the Distress, to deny the Demand of the chief Lord, which avoweth in the