tion, S. 2. s. 3. prox, allowed, S. 4. under 51 Geo. soned for 2 years for every such subsequent offence. And by s. 2. if any person shall be convicted of receiving or paying any such gold coin, contrary to the said recited act or this Certificate of clerk of assize, act, and shall afterwards be guilty of the like offence, the &c. evidence of clerk of the assize, or clerk of the peace for the county, &c. former convicwhere such conviction was had, shall, at the request of the prosecutor, or any other person on his majesty's behalf, certify such conviction, for which certificate 2s. 6d. shall be paid; and such certificate being produced in court shall be sufficient proof of such former conviction. And by s. 3. no person against whom any bill of indictment shall be No traverse in peace, for any found, at any assizes or sessions of the of- unless for cause. fence against the 51 Geo. 3. c. 127. or this act, shall be entitled to traverse the same to any subsequent assizes or sessions; but the court at which such bill of indictment shall be found, shall forthwith proceed to try such person, unless he shall shew good cause to the court why his trial should be postponed. And by s. 4. on any prosecution or trial of any offender against the 51 Geo. 3. c. 127 or In prosecutions this act, it shall not be necessary to prove that the money, 3. c. 127. or this notes, bills, tokens, securities, warrants or orders for pay-ry to prove that ment of money or any of them, received or paid for such the money, notes, &c. received or gold coin, are respectively good and current money of this paid for gold realm, or good notes, &c. or that the same money, notes coin, were good. &c. are respectively of the value they on the face of them import; but such money, notes, &c. shall be deemed to be good, &c. until the contrary shall be proved to the satisfaction of the judge, &c.; nor shall it be necessary in any such prosecution, &c. to prove that the gold coin received or purchased, contrary to the 51 Geo. 3. c. 127. or this act, is the current gold coin of this realm, but the same shall be deemed so to be, if paid or received as such, until the contrary shall be proved, &c. By s. 5. any person who shall by any means, &c. receive or pay in Great Britain Persons receiv ing or paying any note or bill of the bank of England, or receive or note or bill of pay in Ireland any note or bill of the bank of Ireland, for bank of Engless than the amount of lawful money expressed therein, for less than the and to be thereby made payable, (except only lawful dis- ed therein, how count on such note or bill as shall not be expressed to be punished, payable on demand,) shall be adjudged guilty of a misde meanor dct, not necessa s. 5. land or Ireland amount express s. 6.. Ireland a good tender in cases of distress or poinding for rent. meanor, and be subject to a fine of double the amount of the sum of money specified in such bill, &c. and made payable thereby, and shall suffer imprisonment for a time not exceeding 2 months. This act provides (s. 6.) that in case any person shall Notes of bank proceed, by distress or poinding, to recover from any tenof England or ant or other person any rent or sum of money due from such tenant, &c. it shall be lawful for such tenant, &c. in Great Britain, to tender notes of the bank of England, or, in Ireland, to tender notes of the bank of Ireland, expressed to be payable on demand, to the amount of such rent, &c. together with the amount of the costs incurred by such distress, either alone or together, with a sufficient sum of lawful money to the person on whose behalf such distress, &c. is made, or to the officer or person making such distress, &c. on his behalf; and in case such tender shall be accepted, or be made and refused, the goods taken in such distress, &c. shall be forthwith returned to the party distrained upon, or against whom such poinding shall be used, unless the party distraining, &c. shall insist that a greater sum is due than the sum so tendered, and in such case the parties shall proceed as usual in such cases; but if it shall appear that no more was due than the sum so tendered, then the party so tendering shall be entitled to Proviso as to the costs of all subsequent proceedings: provided that the other remedies. person to whom such rent, &c. shall be due, shall be entitled to all such other remedies for the recovery thereof, exclusive of distress or poinding, and exclusive of ejectment for any forfeiture which shall have been incurred by non-payment of such rent, as such person had at the time of making such distress, &c. if he shall not think proper And as to ten- to accept such tender: provided also that nothing herein shall affect the right of any tenant, &c. to replevy or recover the goods so taken in distress, &c. in case, without making such tender as aforesaid, he shall so think fit. And by s. 7. in all cases in which any sum is required, Any sum order- &c. to be paid under any rule, order, process, judgment, ed or allowed to decree, or other proceeding of or in any court of law or court, may be equity, or other court, in any part of the united kingdom, lodged in notes of bank of En- or, by any law or usage of any court, is allowed to be landlords', &c. ants right to re plevy. 5. 7. be paid into in Great Bri may in like s. 8. of Where money is required to be or levied by virtue of any process of paid, for the staying of proceedings by any party, to any gland or Ireland, other party or person, or into any court, or into the tain or Ireland, hands of any officer of any court, such payment of such respectively. sum in notes of the bank of England, if made in Great Britain, or in notes of the bank of Ireland, if made in Ireland, the same respectively being payable on demand to the amount therein expressed, shall be deemed to be good payments; and in all cases in which any money shall be And money payable out of any such court, or by any officer thereof, manner be paid or of any of them, in the discharge of his duty as such out of court. officer, payment of the sums so payable out of such court, or by such officer, in notes of the bank of England, if in Great Britain, or in notes of the bank of Ireland, if in Ireland, such notes respectively being payable on demand to the amount therein expressed, shall be deemed to be good payments in law. And by s. 8. in all cases in which any sum is required to be raised or levied in execution any judgment or decree, or by virtue of any process proceeding of any court of law or equity, or other court, any court, &c. in any part of the united kingdom, or under any distress officer may accept notes of or proceeding for the recovery of any rent, or of any pe- bank of En nalty or forfeiture to be levied by distress and sale, &c. it gland or land,respectiveshall be lawful for the officer whose duty it shall be to levy ly. such sum, to accept notes of the bank of England, if such money is to be levied in Great Britain, or notes of the bank of Ireland, if such money is to be raised in Ireland, (such notes respectively being payable on demand to the amount in such notes expressed,) in payment and satisfaction of the sums to be raised, &c. and such officer shall not be compellable to pay the amount of the sums so to be levied, or any part thereof, to any person, or into any court, otherwise than in notes of the bank of England, if in Great Britain, or of the bank of Ireland, if in Ireland; and after such levying, it shall not be competent by any further proceeding against the person from whom such sum was due, or his effects or estate, to compel the levying such sum, or so much thereof as shall have been raised and paid in such notes. Provided (s. 9.) that in all such cases as aforesaid, every person paying any such notes into any court, or into the hands of any officer of any s. 9. Persons paying notes into court, or to officer &c. ed, indorse said verify said notes said noles if forged. shall, if requir- any court, in manner aforesaid, or to any person levying notes, &c. and any money under any distress, or under the authority of as genuine, and any court as aforesaid, shall, if required, indorse the notes pay amount of so paid, and also specify the causes, proceeding or distress, in or under which the same shall be paid, and shall also, if required, verify the same to be notes of the bank of England, if in England, or to be notes of the bank of Ireland, if in Ireland, by affidavit stating that the notes so paid or to be paid are, to the best of the knowledge and belief of the person paying the same, notes of the bank of England or bank of Ireland, as the case may be; and every person so indorsing any such notes shall be liable to pay to the person to whom the same are paid out of any court, or by any officer aforesaid, or under any distress, the full amount of the sum expressed in any of such notes which may prove to be forged. Provided (s. 10.) that every person who shall commit in Scotland ed in like man- any offence against this act, which, by the provisions ner in Scotland thereof, is constituted a misdemeanor, shall be liable to for offences the same fine, penalty and punishment, as are prescribed against this act. for the like offence in England. By s. 11. this act was to Continuance of continue in force until 3 months after the commencement of the then next session of parliament; and was afterterwards continued to March 25, 1814, by the 53 Geo, 3. c. 5. but it has been since revived by the 54 Geo. 3. c. 52. and thereby continued during the continuance of any act imposing any restriction on the governor and company of the bank of England with respect to payments in cash. s. 10. Persons punish as in England act. s. 11. 54 Geo.3. c. 52. THE END OF SUPPLEMENT OR ADDENDA II. 781 LIOTHE AN INDEX. The numeral I, immediately following the matter refers to the first volume of the Digest: The numerals II. to the second volume, (commonly bound in two parts): The ciphers to the pages: Ad. I. to the Addenda annexed to the original work; and Ad. II, to Addenda II, or supplemental volume. ABATEMENT, injury of, writ of assize the remedy for, II. 126, &c. action between party and party shall not abate by death of king, nor by death, new commission or not coming of the justices; nor by plaintiff being made a peer, &c. II. 216. dilatory pleas in assizes of novel disseisin, &c. abolished, II. 219, &c. dilatory pleas to be verified by affidavit, II. 221 action shall not abate by death of co-plaintiff or co-defendant, when, II. 221. of nusances, II. 757, 8. 764, 5. 895 no writ or proceeding for debt, &c. due to the crown, no commission of assize, &c. or of the peace, or of dele- See particular heads. ABBEY LANDS, exempt from tithes, I. 436 a præmunire to molest persons in respect to, II. 535 ABBREVIATIONS, how far allowed in writs, &c. II. 228, 9 a |