Page:Ruffhead - The Statutes at Large, 1763.djvu/70

tabis Purificationis, then in crastino Ascensionis; (13) If in quindena Paschæ, then in octabis Trinitatis; (14) If in tribus Septimanis Paschæ, then in quindena Trinitatis ⟨or in Crastino Sancti Johannis Baptiste.⟩^[1]; (15) If in mense Paschæ, then in crastino^[2] Johannis Baptistæ; (16) If in quinque Septimanas Paschæ, then in octabis Johannis; (17) If in crastino Ascensionis, then in quindena Johannis; (18) If in octabis Trinitatis, then in octabis Michaelis; (19) If in quindena Trinitatis ⟨or in crastino Sancti Johannis Baptiste,⟩^[3] then in quindena Michaelis; (20) If in crastino^[4] Johannis Baptistæ, then in tribus Septimanis Michaelis;  (21) If in octabis Johannis Baptistæ, then in mense Michaelis;^[5]  (22) If in quindena Johannis Baptistæ, then in crastino Animarum.^[6]

Altered by 32 Hen. 8. c. 21. & 16 Car. 1. c. 6

And see 24 Geo. 2. c. 48. for the further Abbreviation of the Michaelmas Term; And the 4th Sect. of the same Statute ordaining that in Dower after Issue joined there need not be above 15 Days between the Teste and Return of the Venire, &c.

1. Add or in Crastino Sancti Johannis Baptiste.
2. For Crastino, read octabis.
3. Add or in crastino Sancti Johannis Baptiste.
4. For Crastino, read octabis.
5. Not in the Original.
6. For Crastino Animarum, read in Mensem Sancti Michaeles.

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The Statute De Districtione Scaccarrii, made Anno 51 Hen. III. Stat. 4. and Anno Dom. 1266.

What Distress shall be taken for the King's Debts, and how it shall be used.^[1]

^[2] FOrasmuch as the Commonalty of the Realm hath sustained great Damage by wrongful taking of Distresses, which have been made by Sheriffs, and by other the King's Bailiffs, for the King's Debt, or for any other cause:

The Owner may feed his Cattle impounded.

It is therefore provided and ordained, that ⟨when a Sheriff, or any other Man doth take the Beasts of other⟩,^[3] they to whom the Beasts do belong may give them their Feeding without Disturbance (so long as they be impounded) without giving any thing for their keeping.

No sale of Distress within 15 days.

(2) And that the Beasts, nor no other Distress taken for the King's Debt, nor for any other cause, be given ne sold within Fifteen Days after the taking. And if any bring the Tally of a Payment made in the Exchequer, the Distress shall cease. (3) And if he bring the Tally of any Sheriff or Bailiff, of Payment made to them of the thing demanded, and will find Pledges that he will appear in the Exchequer, upon the next account, to do as Right shall require, then the Distress shall cease. And the Sheriff or Bailiff shall cause him to be attached that ought to have acquitted him, that^[4] he appear upon the same account, to do as Right shall require; and there shall have the names of the pledges.

No Distress shall be taken of Plough-Cattle or Sheep.

^[5](4) Yet it is provided, that no man of Religion, nor other, shall be distrained by his Beasts that gain his Land, nor by his Sheep, for the King's Debt, nor the Debt of any other man, nor for any other cause, by the King's or other Bailiffs,^[6] but until they can find another Distress, or Chattels sufficient whereof they may levy the Debt, or that is sufficient for the Demand (except impounding of Beasts that a man findeth in his Ground, Damage feasant, after the use and Custom of the Realm.)

A Distress shall be reasonable.

^[7](5) And that such Distresses be reasonable, after the Value of the Debt or Demand, and by the Estimation of Neighbours, and not by Strangers, and not outragious.

A Sheriff, which receiveth the the King's Debt, shall acquit the Debtor.

(6) Howbeit, the King willeth and commandeth, that Sheriffs, or their Bailiffs, that

Altered by 2 W. & M. Sess. 1. c. 5.

And farther by 8 Ann. c. 14. And 11 G. 2. c. 19.

Enforced by 28 Ed. 1. stat 3. c. 12.

1. Translated from Cotton MS. Claudius, D. 2. (Wikisource contributor note)
2. Bro. Distr. 72.; 9 Ed. 4. f. 2.; 5 H. 7. f. 9.; 21 Ed. 4. f. 53.
3. The Words in Italicks are not in the Original.
4. For that, read if.
5. Regist. 97.; Rast. 276.; Bro. Distress, f. 31, 67.; 4 H. 7. f. 8.; Dyer, f. 312.; Fitz. Brief, 662.
6. For by the King's or other Bailiffs, read by the King's Bailiffs or other Person.
7. 52 H. 3. c. 4.; 29 E. 3. f. 16.; 29 E. 3. f. 24.; 41 E. 3. f. 26.