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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 667   View pdf image (33K)
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17 CAR. 2, CAP. 7, REPLEVIN. 667
in Keene v. Deardon and others, 8 East, 298, cases of several ejectments,
thought that, in reason and substance, the Act would be satisfied by the
plaintiff in error procuring responsible persons to enter into the obligation
required. And the recognizance was there taken in double the improved
rent, and the estimated single costs of the ejectment, for they had not been
taxed; but the Court refused to allow one of the plaintiffs in error in one
of the ejectments, who proposed to enter into the recognizance, to be
examined as to his sufficiency, though the sureties in the other cases were
so examined.
STATUTES
Made at OXFORD, Anno decimo septimo CAROLI secundi Regis,
and A. D. 166?.
CAP. VII,
An Act for a more speedy and effectual Proceeding upon Distresses
and Avowries for Rents.
Forasmuch as the ordinary Remedy for Arrearages of Rents,
is by Distress upon the Lands chargeable therewith; and yet
nevertheless by Reason of the intricate and dilatory Proceed-
ings upon Replevin, that Remedy is become ineffectual:
II. For Remedy thereof, It is enacted by the King's most
excellent Majesty, with the Advice and Assent of the Lords
Spiritual and Temporal, and Commons in this present Parliament
assembled, and by Authority of the same. That when-
soever any Plaintiffs in Replevin, shall be Nonsuit, before
Issue joined in any Suit of Replevin. by Plaintiff or Writ law-
fully returned, removed, or depending, in any of the King's
Courts at Westminster, That the Defendant making a Sug-
gestion in Nature of an Avowry or Cognizance for such Rent,
* to ascertain the Court of the Cause of Distress: The Court 492
upon his Prayer shall award a Writ to the Sheriff of the County
where the Distress was taken, to enquire by the Oaths of
twelve good and lawful Men in his Bailiwick, touching the
Sum in Arrear at the Time of such Distress taken, and the
Value of the Goods or Cattle distrained: (2) And thereupon
Notice of fifteen Days shall be given to the Plaintiff or In's

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 667   View pdf image (33K)
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