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Page:Ruffhead - The Statutes at Large, 1763.djvu/96

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50
C. 23–27.
Anno tertio Edwardi I.
A.D. 1275.

CAP. XXIII.
None shall be distrained for a Debt that he oweth not.

A Stranger shall not be distrained for Debt.IT [1]is provided also, That in no City, Borough, Town, Market, or Fair, there be no Foreign Person (which is of this Realm) distrained for any Debt wherefore he is not Debtor or Pledge; and whosoever doth it, shall be grievously punished, and without Delay the Distress shall be delivered unto him by the Bailiffs of the Place, or by the King's Bailiffs, if need be.

  1. 2 Inst. 204.

CAP. XXIV.
The Remedy if an Officer of the King do disseise any.

IT is provided also, That no Escheator, Sheriff, nor other Bailiff of the King, by Colour of his Office, without special Warrant, or Commandment, or Authority certain pertaining to his Office, disseise any Man of his Freehold, nor of any Thing belonging to his Freehold; (2) and if any do, it shall be at the Election of the Disseisee, whether that the King by Office shall cause it to be amended at his Complaint, or that he will sue at the Common Law by a Writ of Novel disseisin; [1](3) and he that is attainted thereof shall pay double Damages to the Plaintiff, and shall be grievously amerced unto the King.

See 1 R. 2. c. 9. concerning Alienations made after Disseisin.

  1. 2 Inst. 260.[n 1]
  1. Read 206.

CAP. XXV.
None shall commit Champerty, to have Part of the Tiling in Question.

[1]NO Officer of the King by themselves, nor by other, shall maintain Pleas, Suits, or Matters hanging in the King's Courts, for Lands, Tenements, or other Things, for to have Part or Profit thereof by Covenant made between them; and he that doth, shall be punished at the King's Pleasure.

See c. 28.

Enforced by 13 Ed. 1. stat. 1. c. 49.  28 Ed. 1. ⟨stat. 3. c. 11.⟩[n 1]  33 Ed. 1. stat. 3.[n 2].

And see 32 H. 8 c. 9. ordaining the Proclamation of the Statutes of Maintenance and Champerty shall be made at the Assizes.

  1. 29 H. 7. 18.; 15 H. 7. 2.; Regist. 182.; Rast. 119.; 2 Inst. 297.
  1. Add Stat. 3. c. 11.
  2. Read stat. 2 & 3.

CAP. XXVI.
None of the King's Officers shall commit Extortion.

[1]AND that no Sheriff, nor other the King's Officer, take any Reward to do his Office, but shall be paid of that which they take of the King; and he that so doth, shall yield twice as much, and shall be punished at the King's Pleasure.

See infra, c. 27 & 30.

See 23 H. 6. c .9 & 10. for the Penalty on Sheriffs taking more than their Fees, or levying more than is due for Wages of Knights of Parliament.  28 H. 6. c. 5. for Penalty on Officers of the Customs making wrongful Distress.  1 Jac. 1. c. 10. against Referees of a Court taking Money for their Report. And 3 Geo. 1. c. 15. §. 13. for Penalty on Sheriffs taking Fees for levying the King's Debts.

  1. Co. Lit. 308.; 2 Inst. 209.

CAP. XXVII.
Clerks of Officers shall not commit Extortion.

AND that no Clerk of any Justicer, Escheator, or Enquiror, shall take any Thing for delivering Chapiters, but only Clerks of Justices in their Circuits, and that ii s. and no more, (2) of every Wapentake, Hundred, or Town, that answereth by Twelve, or by Six, according as it hath been used of

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