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52 H. 3, CAP. 4, DISTRESS. .55 STATUTES Made at MARLBOROUGH alias MARLBRIDGE, 18 Novemb. Anno 52 HEN. III. and Anno Dom. 1267. CAP. IV. A Distress shall not be driven out of the County. And it shall be reasonable.
Fitz. Bar. 120, 275. 29 Ed. 3, c. 23. Kel. 50, 3 Ed. 1, c. 16. 1 & 2 P. & M. c. 12, Distresses shall be reasonable. 28 Ed. 1, Stat. 3. e. 12. 2 Inst. 106. See as to the first part of this Statute Stat. 3 E. 1, c. 16, and 1 & 2 P. & M. c. 12. It is held that a party wishing to take advantage of this Statute ought to do it by way of action that may entitle the King to a fine (though this is now abolished), and not by way of bar to an avowry, 2 Inst. 131; Woodcroft v. Thompson, 3 Lev. 48; so that the act is not utterly unlawful. |
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