Page:Ruffhead - The Statutes at Large, 1763.djvu/221

This page has been proofread, but needs to be validated.
A.D. 1318.
Anno duodecimo Edwardi II.
Stat. 1.
175

now is, that Inquests and Recognisances taken before Justices of the one Bench and of the other, should be taken before any Justice of the Places accompanied with some Knight of the Shire where such Inquests hap to be taken, if they have not Need of great Examination; (2) and that in such Inquests the Justices shall do as they think most expedient for the Wealth of the Realm, the which Statute needeth to be better declared; [1](3) it is agreed, That Inquests and Juries that be and shall be taken in Pleas of Land, that require not great Examination, shall be taken in the Country before a Justice of the Place where the Plea is, accompanied with a substantial Man of the Country, Knight, or other, so that a certain Day be given in the Bench, and a certain Day and Place in the Country, in the Presence of the Parties, if the Demandant request it. (4) And also the Inquests and Juries, in Pleas of Land that require great Examination, shall be taken in the Country (in the Manner abovesaid) before two Justices of the Bench.[2]

See 14 Ed. 3. stat. 1. c. 16. before what Persons Nisi Prius may be granted.

  1. ↑ Co. Lit. 6.
  2. ↑ Rast. 437.

CAP. IV.
Justices of Nisi Prius shall record Nonsuits, Defaults, &c.

[1]AND the Justices or Justice shall have Power to record Nonsuits and Defaults in the Country, at the Days and Places assigned, as afore is said. (2) And that which they shall have done in the Things above mentioned, shall be reported in the Bench at a Day certain, there to be inrolled, and thereupon Judgement shall be given. (3) And the King intendeth not, that the said Inquests and Juries should not be taken in the Bench if they come, nor that this Statute should extend unto great Assises. (4) And also one Justice of the one Place and of the other, being associate with a discreet Man of the Country, Knight, or other, at the Request of the Plaintiff, shall take Inquests upon Pleas pleaded and to be pleaded, that be moved by Attatchment and Distress, and shall have Power to record Nonsuits as above is said, and to take Inquests upon Defaults there made. [2](5) And as to the Inquests to be taken upon Writs of Quare impedit, it shall be done as is contained in the Statute of Westminster the Second; and the Justices shall have Power to record Nonsuits and Defaults in the Country, and to give Judgement thereupon, as they do in the Bench, and there to report that which they have done, and there to be inrolled. (6) And if it happen, that the Justice or Justices that shall be assigned to take such Inquests in the Country, do not come, or if they come into the Country at the Day assigned, yet the Parties and Persons of such Inquests shall keep their Day in the Bench.

By 14 Ed. 3. stat. 1. c. 16. Justices of Assise may give Judgement in Quare impedit, &c.

  1. ↑ Dyer 163.
  2. ↑ 13 Ed. 1. stat. 1. c. 30.

CAP. V.
An Indenture shall be made between the Sheriff and Bailiff of Liberty of every Return.

[1]AND because it is many Times complained in the King's Court upon Returns, that Bailiffs of Franchises (having full Power to return the King's Writs) have delivered to Sheriffs, that have been after changed, and otherwise returned into the King's Court, to the great Damage of some of the Parties, and the Delay of Right; (2) it is agreed, That of Returns which hereafter shall be delivered to the
  1. ↑ 5 Co. 41.; 2 Roll. 111, 209, 210.
3
Sheriffs
This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.