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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 341   View pdf image (33K)
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4 H. 7, CAP. 20, PENAL ACTIONS. 341
CAP. XX.
Actions popular, prosecuted by Collusion, shall be no bar to those which
be pursued with good Faith.
Item, That where Actions popular in divers Causes have been
ordained by many good Acts and Statutes afore this time made,
for the Reformation of Extortions, Maintenance, Oppressions,
Injuries, Exactions, and Wrongs used and committed within
this Realm, (2) which Actions been very penal to all Misdoers
and Offenders in such Actions condemned, and much profitable
as well to the King, as to every of his Subjects that them will
* sue and maintain, if the same Actions so sued and corn- 259
menced might be truly pursued without Covin or Collusion. (3)
But BOW it is so commonly used within this Realm, that if any
such Offenders offending in Causes where any of the said Actions
lie, then the said Misdoers or Offenders, in eschewing to leese the
said Penalties, will cause an Action popular to be commenced
against them by Covin of the Plaintiff, upon that case wherein
they have so offended; (4) or else if any such Action popular
be commenced against any such said Offender by good Faith,
then the same Offender will delay the said Action, either by
Non-appearance or by Traverse, and, hanging the same Action,
the same Offender will cause like Action popular to be brought
against him by Covin, for the same Cause and Offence that the
first Action was sued, and then by Covin of the Plaintiff in
that second Action he will be condemned, either by Confes-
sion, feigned Trial, or Release; (?) which Condemnation or
Release, so had by Collusion and Covin pleaded by the said
Offender, shall bar the Plaintiff in the Action sued in good
Faith; (6) and by these subtil means of Collusion and Covin
the said good Acts and Statutes seldom been executed against
such Offenders, which causeth them to be bolder to offend
the King, as well in breaking of the said Statutes, Laws, and
Peace, as in robbing, murdering, Exactions taking, Quarrels
maintaining, and the King's poor Subjects by Extortion and
many other unlawful means oppressing: (7) Therefore the
King our Sovereign Lord, in reforming of the Premisses, by
the Advice of the Lords Spiritual and Temporal, and at the
Bequest of the said Commons in this said present Parliament
assembled, and by Authority of the same, hath ordained, es-
tablished, and enacted, that if any person or persons hereafter

 
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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 341   View pdf image (33K)
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