Page:Ruffhead - The Statutes at Large, 1763.djvu/97
old Time; [1](3) and he that doth contrary shall pay Thrice so much as he hath taken, and shall lose the Service of his Master for one Year.
See 13 Ed. 1. c. 44. for Punishment of officers of the Courts taking more than their Fees. And see the References to the foregoing Chapter.
- ↑ 2 Inst. 210.
CAP. XXVIII.
Clerks shall not commit Maintenance.[1]
There shall be no Maintenance of any Matter pending in the King's Court.AND that none of the King's Clerks, nor of any Justicer, from henceforth shall receive the Presentment of any Church, for the which any Plea or Debate is in the King's Court, without special Licence of the King; and that the King forbiddeth, upon Pain to lose the Church, and his Service: And that no Clerk of any Justicer, or Sheriff, take Part in any Quarrels of Matters depending in the King's Court, nor shall work any Fraud, whereby common Right may be delayed or disturbed; [2]and if any so do, he shall be punished by the Pain aforesaid, or more grievously, if the Trespass do so require.
Enforced by 13 Ed. 1. stat. 1. c. 49. 28 Ed. 1. stat. 3. c. 11. 33 Ed. 1. stat. 2 & 3. 1 Ed. 3. stat. 2. c. 14. 4 Ed. 3. c. 11. 20 Ed. 3. c. 4. and 1 R. 2. c. 4. which provides Penalties against Maintenors. Add 32 H. 8. c. 9. against Bracery and buying of Titles, which farther enforces the Statutes against Maintenance.
- ↑ It is observable that the Offences of Maintenance and Champerty are often confounded, and indiscriminately use, but Champerty signifies a Bargain with the Plaintiff or Defendant in any Suit to have Part of the Land, Debt, or other Thing on Suit, if the Party that undertakes it prevails therein. Maintenance is the unlawful upholding a Cause or Person, or the buying of pretended Rights to Lands, &c. Every Champerty, as Lord Coke observes, is Maintenance; but every Maintenance is not Champerty: For Champerty is but a Species of Maintenance, which is the Genus.
- ↑ Regist. 182, 189.; Rast. 119, 427, &c.
CAP. XXIX.
The Penalty of a Serjeant or Pleader committing Deceit.
[1]IT is provided also, That if any Serjeant, Pleader, or other, do any Manner of Deceit or Collusion in the King's Court, or consent unto it, in Deceit of the Court, or to beguile the Court, or the Party, and thereof be attainted, he shall be imprisoned for a Year and a Day, and from thenceforth shall not be heard to plead in that Court for any Man; [2](2) and if he be no Pleader, he shall be imprisoned in like Manner by the Space of a Year and a Day at least; and if the Trespass require greater Punishment, it shall be at the King's Pleasure.
Enforced and enlarged by 8 R. 2. c. 4. 10 H. 6. c. 4. and 18 H. 6. c. 9. which makes the 10 H. 6. c. 4. perpetual.
CAP. XXX.
Extortion by Justices Officers.
[1]AND forasmuch as many complain themselves of Officers, Cryers of Fee, and the Marshals of Justices in Eyre, taking Money wrongfully of such as recover Seisin of Land, or of them that obtain their Suits, and of Fines levied, and of Jurors, Towns, Prisoners, and of others attached upon Pleas of the Crown, otherwise than they ought to do, in divers Manners; (2) and forasmuch as there is a greater Number of them than there ought to be, whereby the People are sore grieved; The King commandeth that such Things be no more done from henceforth; (3) and if any Officer of Fee doth it, his Office shall be taken into the King's Hand; (4) and if any of the Justices Marshals do it, they shall be grievously punished at the King's Pleasure; (5) and as well the one as the other shall pay unto the Complainants the treble Value of that they have received in such manner.
See 13 Ed. 1. c. 44. For Punishment on Officers of the Courts taking more than their Fees. And likewise the References to c. 26.
- ↑ 11 Ed. 4. 3. b.; 4 Inst. 101.