Page:Ruffhead - The Statutes at Large, 1763.djvu/136

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90
Stat. 1.
Anno decimo tertio Edwardi I.
A.D. 1285.

[1]Justices in their Circuits shall appoint a Time of fifteen Days, or a Month, or a Time more or less (after as the County shall happen to be more or less) within which Time it shall be openly proclaimed, that all such as will deliver their Writs, shall deliver them before the same Time; (3) and when the Time cometh, the Sheriff shall certifie the Chief Justice in Eyre how many Writs he hath, and what, and that no Writ be received after the same Time; (4) and if it be received, the Process issuing thereupon shall be of none Effect; but only that a Writ abated any Time during the Circuit may be amended; (5) also Writs of Dower of Men that died within the Summons of the Circuit, Assises of Darrain presentment, Quare impedit, of Churches vacant within the foresaid Summons, shall be received at any Time before the Departure of the Justices; (6) also Writs of Novel disseisin, at what Time soever the Disseisin was done, shall be received in the Circuit of Justices. Any Person may make a general Attorney.(7) Our Lord the King of his special Grace granteth, That such as have Land in divers Shires where the Justices make their Circuit, and that have Land in Shires where the Justices have no Circuit, that fear to be impleaded, and are impleaded of other Lands in Shires where they have no Circuit, as before the Justices at Westminster, or in the King's Bench, or before Justices assigned to take Assises, or in any County before Sheriffs, or in any Court Baron, may make a general Attorney to sue for them in all Pleas in the Circuit of Justices moved or to be moved for them, or against them during the Circuit; (8) which Attorney or Attorneys shall have full Power in all Pleas moved during the Circuit, until the Plea be determined, or that his Master remove him; (9) yet shall they not be excused thereby, but they shall be put in Juries and Assises before the same Justices.

See farther concerning Power of making Attorney, 7 R. 2. c. 14.  15 H. 6 c. 7.

  1. ↑ 13 Ed. 2. stat. 1. c. 4.[n 1]
  1. ↑ This seems to be a mistaken Reference, there being no such Year of the King. [See instead 12 Ed. 2. stat. 1. c. 4.]

CAP. XI.
The Masters Remedy against their Servants, and other Accomptants.

In what Cases Auditors may commit Accomptants to Prison.COncerning Servants, [1]Bailliffs, Chamberlains, and all Manner of Receivers, which are bound to yield Accompt, it is agreed and ordained, That when the Masters of such Servants do assign Auditors to take their Accompt, and they be found in Arrearages upon the Accompt, all Things allowed which ought to be allowed, their Bodies shall be arrested, and by the Testimony of the Auditors of the same Accompt, shall be sent or delivered unto the next Gaol of the King's in those Parts; (2) and shall be received of the Sheriff or Gaoler, and imprisoned in Iron under safe Custody, and shall remain in the same Prison at their own Cost, until they have satisfied their Master fully of the Arrearages. The Accomptant's Relief.(3) Nevertheless [2]if any Person being so committed to Prison, do complain, that the Auditors of his Accompt have grieved him unjustly, charging him with Receipts that he hath not received, or not allowing him Expences, or reasonable Disbursements, and can find Friends that will undertake to bring him before the Barons of the Exchequer, he shall be delivered unto them; (4) and the Sheriff (in whose Prison he is kept) shall give Knowledge unto his Master, that he appear before the Barons of the Exchequer at a certain Day, with the Rolls and Tallies by which he
  1. ↑ Co. Lit. 295 a.; 2 Inst. 378.; Fitz. Accompt, 96, 109.; Fitz. Avowry, 220.; Regist. 137.; Rast. 14, &c.
  2. ↑ Fitz. Accompt, 23, 26, 47, 74, 106.; 52 H. 3. c. 23.; 29 Ed. 3. f. 5.
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