Page:Ruffhead - The Statutes at Large, 1763.djvu/162

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116
Stat. 3.
Anno decimo tertio Edwardi I.
A.D. 1285

thirteenth Year of his Reign, caused the said Statute made at Acton Burnel to be rehearsed; The Form of acknowledging of a Statute Merchant.(6) [1]and for the Declaration of certain Articles in the Statute aforesaid hath ordained and established, That a Merchant who will be sure of his Debt, shall cause his Debtor to come before the Mayor of London, or before some chief Warden of a City, or of another good Town, where the King shall appoint, [2](7) and before the Mayor and chief Warden, or other sufficient Men chosen and sworn thereto, when the Mayor or chief Warden cannot attend, (8) and before one of the Clerks that the King mall thereto assign, when both cannot attend, he shall acknowledge the Debt and the Day of Payment; (9) and the Recognisance shall be inrolled by one of the Clerks Hands being known, and the Roll shall be double, whereof one Part shall remain with the Mayor or chief Warden, and the other with the Clerks that thereto shall be first named; Sealing of a Statute.(10) [3]and further, one of the said Clerks with his own Hand shall write an Obligation, to which Writing the Seal of the Debtor shall be put with the King's Seal provided for the same Intent; which Seal mall be of two Pieces, whereof the greater Piece shall remain in the Custody of the Mayor, or the chief Warden, and the other Piece in the keeping of the foresaid Clerk. (11) And if the Debtor do not pay at the Day limited unto him, then shall the Merchant come to the Mayor and Clerk with his Obligation; The Creditor's Remedy if the Debt be not paid.(12) [4]and if it be found by the Roll or Writing, that the Debt was knowledged, and the Day of Payment expired, the Mayor or chief Warden shall cause the Body of the Debtor to be taken (if he be Lay) whensoever he happeneth to come in their Power, and shall commit him to the Prison of the Town, if there be any, and he shall remain there at his own Costs, until he hath agreed for the Debt. (13) And it is commanded that the Keeper of the Town Prison shall retain him upon the Delivery of the Mayor or Warden; and if the Keeper shall not receive him, he shall be answerable for the Debt, if he have whereof; and if he have not whereof, he that committed the Prison to his keeping shall answer. Certificate of the Statute into the Chancery.(14) [5]And if the Debtor cannot be found in the Power of the Mayor, or chief Warden, then shall the Mayor or chief Warden send into the Chancery, under the King's Seal, the Recognisance of the Debt; and the Chancellor shall direct a Writ unto the Sheriff, in whose Shire the Debtor shall be found, for to take his Body (if he be Lay) and safely to keep him in Prison until he hath agreed for the Debt; Within what Time the Debtor may sell his Land.(15) [6]and within a Quarter of a Year after that he is taken, his Chattels shall be delivered him, so that by his own he may levy and pay the Debt; (16) and it shall be lawful unto him, during the same Quarter, to sell his Lands and Tenements for the Discharge of his Debts, and his Sale shall be good and effectual. (17) And if he do not agree within the Quarter, next after the Quarter expired all the Lands and Goods of the Debtor shall be delivered unto the Merchant by a reasonable Extent, to hold them until such Time as the Debt is wholly levied; and nevertheless the Body shall remain in Prison as before is said; [7](18) and the Merchant shall find him Bread and Water, What Estate the Merchant shall have in the Debtor's Lands.(19) and the Merchant shall have such Seisin in the Lands and Tenements delivered unto

  1. ↑ Co. Lit. 289. b.
  2. ↑ Dyer 35.
  3. ↑ Fitz. Execut. 131.; Cro. El. 519.
  4. ↑ 2 R. 3. f. 8.
  5. ↑ Fitz. Execut. 79.; 37 H. 6. f. 6.
  6. ↑ Regist. 146.; Fitz. Execut. 49, 89, 118, 154.; 4 Co. 67.; Dyer 206.; Fitz. Resceit.
  7. ↑ 27 Ed. 3. stat. 2. c. 9. sect. 1.
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