Page:Ruffhead - The Statutes at Large, 1763.djvu/98

CAP. XXXI.
The Penalty for taking excessive Toll in a City, &c. Murage granted to Cities.

^[1]TOuching them that take outragious Toll, contrary to the common Custom of the Realm, in Market-Towns; ^[2]it is provided, That if any do so in the King's Town, which is let in Fee-farm, the King shall seise into his own Hand the Franchise of the Market; and if it be another's Town, and the same be done by the Lord of the Town, the King shall do in like manner;  (2) and if it be done by a Bailiff, ⟨or any mean Officer⟩,^[3] without the Commandment of his Lord, he shall restore to the Plaintiff as much more for the outragious taking, as he had of him, if he had carried away his Toll, and shall have forty Days imprisonment.  (3) Touching Citizens and Burgesses, to whom the King or his Father hath granted Murage to enclose their Towns, which take such Murage otherwise than it was granted unto them, and thereof be attainted; it is provided, That they shall lose their Grant for ever, and shall be grievously amerced unto the King.

See Westm. 2. 13 Ed. 1. stat. 1. c. 25 which gives an Assize of Novel Disseisin for Toll, &c.

1. 2 Inst. 219.
2. 9 H. 3. stat. 1. c. 30.
3. Not in the Original.

CAP. XXXII.
The Penalty of Purveyors not paying for what they take. The King's Carriages.

OF such as take Victual or other Things to the King's Use upon Credence, or to the Garrison of a Castle, or otherwise, and when they have received their Payment in the Exchequer or in the Wardrobe, or otherwhere, they with-hold it from the Creditors, to their great Damage, and Slander of the King; it is provided, for such as have Lands or Tenements, That incontinent it shall be levied of their Lands, or of their Goods, and paid unto the Creditors, with the Damages they have sustained, and shall make Fine for the Trespass; and if they have no Lands nor Goods, they shall be imprisoned at the King's Will.  (2) And of such as take Part of the King's Debts, or other Rewards of the King's Creditors for to make Payment of the fame Debts; it is provided, That they shall pay the Double thereof, and be grievously punished at the King's Pleasure. 

Taking of Horses and Carts for the King.

^[1](3) And of such as take Horse or Carts for the King's Carriage more than need, and take Rewards to let such Horse or Carts go; it is provided, That if any of the Court so do, he shall be grievously punished by the Marshals;  ^[2](4) and if it be done, out of the Court, or by one that is not of the Court,^[3] and be thereof attainted, he shall pay treble Damages, and shall remain in the King's Prison forty Days.

Enforced and amended by 28 Ed. 1. stat. 3. c. 2.

Enforced by 28 H. 6. c. 2.

See 34 Ed. 3. c. 2.

Obs. [by] the 12 Car. 2. c. 24. taking away Purveyance. But see 13 Car. 2. stat. [1.] c. 8. and 1 Jac. 2. c. 2.  13 & 14 Car. 2. c. 20. suspending the 12 Car. 2. in favor of the King's royal Progresses, and of his Navy and Ordnance, which Acts are all expired. See likewise the yearly Mutiny Acts.

1. 21 R. 2. c. 5.^{[n 1]}
2. 2 Inst. 273.
3. For or by one that is not of the Court, read or by one that is not of the Court, or by any other.

1. This seems to be a mistaken Reference.

CAP. XXXIII.
No Maintainers of Quarrels shall be suffered.

^[1]IT is provided, That no Sheriff shall suffer any Barretors or Maintainers of Quarrels in their Shires, neither Stewards of great Lords, nor other (unless he be Attorney for his Lord) to make Suit, nor to give Judgements in the Counties, nor to pro-

1. 8 Co. 36.

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