Page:Ruffhead - The Statutes at Large, 1763.djvu/182

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136
Stat. 1.
Anno vicesimo septimo Edwardi I.
A.D. 1299.

offended in any Thing contrary to the [1]Form of the foresaid Statute lately made at Westminster; and whom they shall find guilty, they shall chasten and punish in all Things according to the Form of the Statute aforesaid.

See 3 H. 7. c. 3. giving Power to Justices of Peace to let Prisoners to Bail.  1 & 2 P. & M. c. 13. giving farther Directions to such Justices. Likewise 31 Car. 2. c. 2. §. 7. for bailing Persons committed for Treason or Felony, and not indicted the next Term; and 4 W. & M. c. 4. ordering that Bail may be taken by Judge of Assize.

  1. ↑ 1 & 2 P. & M. c. 13.; 28 Ed. 1. stat. 2. for Persons appealed.

CAP. IV.
Nisi Prius shall be granted before one of the Justices of the Court where the Suit is commenced.

ALSO where we have provided, that none shall be impanelled any where out of the Shire where he is dwelling, in Recognisances, Enquests, and Juries, that have less than an hundred Shillings of Land or Rent,[1] whereby they that have more Lands,[2] by too often appearing as well in our Exchequer, as before our Justices of either Bench, are much impoverished:

  1. ↑ Not in Orig.
  2. ↑ Read whereby as well they as others who have more Lands.

II. We therefore, considering the intolerable Damage of our People, not only for the Discharge of such Jurors, but also for the more speedy Ministration of Justice to all Parties suing in our Court, have provided and ordained, that Enquests and Recognisances determinable before Justices of either Bench, from henceforth shall be taken in Time of Vacation before any of the Justices before whom the Plea is brought, being associate with one Knight of the same Shire where such Enquests shall pass, unless it be an Enquest that requireth great Examination. (2) And so from henceforth in taking such Enquests, the Justices shall do as to them shall seem most expedient for the common Utility of our Realm, notwithstanding [1]the Statute lately made at Westminster upon the taking of such Enquests, containing, that if any Enquests be taken contrary to the Form of the said Statute, they should be of none Effect.

By 12 Ed. 2. stat. 1. c. 3. Pleas of Land shall be taken by Nisi Prius. By 14 Ed. 3. stat. 1. c. 16. Nisi Prius may be granted before Justice of another Court than where the Suit dependeth. And see 6 R. 2. stat. 1. c. 5.  11 R. 2. c. 11.  14 H. 6. c. 1.  35 H. 8. c. 6.  18 Eliz. c. 12.  12 Geo. 1. c. 31.  24 Geo. 2. c. 18. §. 5. containing various Regulations with regard to Trials at Nisi Prius.

  1. ↑ 13 Ed. 1. stat. 1. c. 30.

Ordinatio de Libertatibus perquirendis, made 27 Edw. I. Stat. 2. and Anno Dom. 1299.

In what Cases the Writ of Ad quod dampnum is to be sued. A Commission may be granted to receive Atturneys for such as be impleaded.

In what Cases the Writ ad quod dampnum is to be sued.IT is to be known, That the King ordained at Westminster, the first Day of April, the Seven and twentieth[1] Year of his Reign, that such as would purchase a new Park, and Men of Religion that would amortise Lands or Tenements, should have Writs out of the Chancery to enquire upon
  1. ↑ Read twentieth.
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