. I_4- HU ©JCeCUtfotl fijriti becraP.tCO tO ICi3|) It De Bonis Eccleliatti-
cis , rocthfei ii> not LUJcn bp the Statute* 19 <£* 3. execution 79*
2. But m ujc &me cafe it Ojati ue scantco to icsjp of his Land. 19
fc* 3. GEjtecutioti 79.
3* 3f Baron and Feme acknowledge a Statute SgerCftaitt, ailO the
feme dies, not having any Land, the Land oi the Baron foall bC eetCHD-
en let the tthole. i4e.3»Cjcceution73»
4. [And j it asaron ano ireme artmotuleoox a Statute, aniJthe
Jreiae OIC0, whether the Land of the Feme mai> fee CttCnOeD 00 UlCll
ji0 the Laffli of tljc 03aroiu if Herbert Citle Ctccutioit73» in a*
onosing 14 e. 3* malice a game of this,
rf coum 6 "* t^jf iW :hen 'l e !^ s ^ * Statute Merchant, erecution map
147. Tit be UICO agamlr. one Of thCO! only, or aganut all, at tljC OBM Of the €0=
St tare Mer- ItttlCC, but not againlt 2 Of tlJC.tl* 34 ©♦ 3* CteClltiOU 129,
chant
rf?A^(? 0fa "2 bI if ti u n; -h ti (' h - ct>r . 5n f Debt againft them all upon a Joint-bond, the Execu-
tlodfhall beagamff all â– but if he btmg itbyfeverai Precipes, he (hall not have Execution but
i^'K^ion ""^ tSI5a dtesTit - Reco S n '"nce, 54 E. 3. Execution 129. and 14 H. 4.
Where two were Cannfijo, and Procefs was continued till one of them was taken, and his Lands de-
livers and he pra, d a VV rit to take the Bodv of the other ; fo that the other mi^ht bear his Propor-
tion in the Charge Snard ask d how tins could be without the Suit of the Plaintiff It was anfwered
for . yew ?' % Ut 1VT ?°\ re - ifol - 3blc for «* only to be charg'd, and therefore prav'd the Writ,
and kid that the Plaintiff had elected and commenced his Suit againft both, and after the Writ was
granted. Fltah. Tit Execution, pi. 48. cite* Mich. 16 E. j.
6. upon an ever ution out of a Statute Merchant acknowiedg'd
by 6, It tljC Lands and Goods of 2 only are delivered, the faiO 2 may
have a W ric to the Sheriff tO deliver nlfO the Lands and Goods of the
other 4. 29(i~. 3-7-b*
„J\u U i L" ti)2 G " aD Cflfe * f $« ®DC«'ff returns a Non font inventi,
vn the faio tmo (hall not haoc a j© n t to Deliver fo much of there
Lanos to i them, a? amount* to their proportionable ©art m ato of
ot the : fato Charge ot the falo taio. 29 e* 3. 7. b.
s. But in tyc Iain Cafe upon tfarnmjmcnt of the Canufrc, the a>
nuiee mall be compelled to fue Execution of the others Lands aitatnS
t £ fen J,f t!jClu f e t,JC tU3 ° njafl be WftUarcflji, haoins Kejjarn to
^ Scire Fa ^ 29 &. 3* 7*
duwu fiiV.L 9 t , A JV J an , ^ !1 n 5 >c have Execution upon a Statute Merchant atainfl
upon a Re- r ^ f " e,r °J ™* Comfor within Age; nor againft the Feme of the Conufor
cognizance -Br. Statute Merchant, pi. 33 . cites 8 E. i. and Fitzh. Alf 417.
a^.iinft R. P. â– '
fiud
Statutes [Merchant &c] 54.5
laid J. B. long before he acknowledged the Recognizance, and held in Dower ; All which the Plain-
tiff confeffed ro be true, and thereupon it was awarded, that R. P. and A. Eant fine Die ; For the Te-
nant of the Franktenement ought to be warned, and if he had been warned, the Parol had demurred
during his Nonage &c. Fit7.ii Tit. Execution, pi. - . cites Hill. 12 E. 3.
£0 where A. fcifed of Lands made a Feoffment in Fee,hy Deed indented, rendring Rent with a Claufc
of Diltrefs, and after became bound in a Statute, and the Day being incurr'd, Execution was awarded
to the Conufee, and upon the Extent, the Sheriff returned th.it the Party was dead, anA that he had ex-
tended tie Rent, the Hard tie Ccnujor being within A^e ; whereupon the Heir brought Audita Querela.
And Per Dyer, the Writ is well enough maintainable, hecaufe there is an Exception in the Writ of Ex-
tent, that if the Lands are depended to any Infant, the Sheriff jhall furceafe lo extend; And tho* this Writ
iflued againft the Conulbr himfelf, yet when it appears by the Return of the Sheriff, that he is dead,
the Infant fhall be Aided by an Audit3 Querela, or otherwife the Extent fhall be void; becaufe it is
made upon the Infant's Pofleflion. Mo. 37. pi. izt.Trin. 4 Eliz. Anon.
If two Comfort of a Statute are, and one dies, his Heir within Age, The Extent fliall ftay, becaufe
Ufura non currit contra Haii-edem infra iEtatem Exiltcntem. And Richardfon Ch. J. (aid, That in this
Refpeft the Statute is an ill Alimance. Litt. R. -1. Mich. 3 Car. C. B. and cites 17' All 24. Anon, .per
Mowbray.
J.S. feiled of Land in Fee, made his Wife a Jointure, and then acknowledged a Statute, and died, leav-
ing iflue a Daughter, his Heir within Age, and the Land was extended upon the Pofleltion of the Feme.
It was refolved, That the Extent is void as to the Feme, and cannot Prejudice her Title which is Pa-
mount the Statute. And it was faid, That if the Feme dies, yet the Lands cannot be extended fo long
as they are in the Hands of an Mant. 2 Sid. S6. Trin. 165S. B. R. Street v. Ld Roberts. See
(R)pt.i^
10. In AfhTe, if'tfenant in Tail is bound in a Statute Merchant, anddies, InAflife, if
and the Heir in Tail enters and wfeoffs W. S. the Conufee fliall have Exe- ?''? T^ na . nt
cution againft the Feoffee. 19 E. 3. Brooke fays, J®itod Mir urn .' For ithhnfeifby S
is agreed there, That in this Cafe a Rent-charge is determined. Br. Sta- Statute Mer-
tute Merchant, pi. 19. cites i^Aff. 4. chant, and
dies, and Ex-
ecution is fued againjl the Heir in Tad, there the Keir in Tail may have Ajffe ; For this is a Diffeipn to
Jim ; And fo fee that the Heir in Tail fhall not be bound by the Statute of his Father Tenant in Tail,
and upon fuch Execution he is not warned, nor has Dav in Court to plead, therefore Afiile lies. Br.
Statute Merchant, pi. 20. cites 17 Aff. 21. Br. Affile, pi. 213. cites S C. Br. Affile, pi.
2-9. cites Pa'ch. 18 E. 3. That the Heir in Tail recovered by Affile, becaufe he was oulted by a Sta-
tute Merchant, acknowledged by his Anceftor. S. P. Br. Statute Merchant, pi. 26. cites
28 AIT. 7.
11. If a Man be in Execution upon a Statute, and finds Bail, and does
fiot appear at the Day, but at another Day the Baii brings him in : Now it
is in the Election of the Plaintiff to take Execution of his Body and
Land, or to take the Bail. Greenw. of Courts 150. Tit. Recognizance
cites 59 E. 3 Execution 43.
12. Where Conufor upon a Statute Merchant makes Feoffment of 19 A~ Brooke
cres to 19 Per fas fever ally, and permits a 2.0th Acre te defend to his Heir, makes a_
and dies, the Conuiee lhall hot have Execution againlt the Heir alone, Q. u * re > * f
nor againft any of the others alone, but againlt every one tor his Por- j&w-Jf "^
tion. Br. Statute Merchant, pi. 6. cites 48 £. 3. 5. per Finch. alive, and
Parcel of the
Land in his Hands And fays, it fee ms that Execution might be againft him alone. Ibid Br.
Voucher, pi. 3$. cites S. C.
13. A Man fued Execution upon a Statute Merchant, and had Execu-
tion, and the Conujcr brought Audita J&iterela, and found Mamprize for
the Sum in the Statute to appear de Die in Diem till 'Judgment given, and
after the Parties were at Iliue, and the Conufor at the Appearance of the
Inqueft appeared, and challenged, and after, when they came to give
their Judgment, he was nonfuited, by which the Conulor prayed Exe-'
cution againft the Mainpernors, and ot the Body of the Conufor, and
was dented ; and it was awarded that he lhall not have the one and the
other, by which he took Execution of the Body, Land and Goods,
Quod nota ; per Cur. Br. Statute Merchant, pi. 7. cites 50E. 3. 12.
14. If A. and B. are bound in a Statute Staple jointly, and not fever ally ^
and A. dies and B. furvives, there B. muft be charged our of his own
Eftate, and the Executors of A. are not chargeable. Agreed. Freem.
Rep. 128. pi. 149. Mich. 1673. in Cafe of Rogers v. Danvers.
6 Z . (T) At
546 Statutes [Merchant &c]
&e(R.) (I) j$ qjofat Time Execution may be granted.
S. P. F. N. B. 1. 1 ~1 J3£>B a Statute QUetCljailt, If the Moneys are to be paid at
iS°CH.>- \J^ two Terms, and the one CCtltl is pall, UpOlt Certificate
fcSS" wane a fl£rtt mav be auiarocb to tafcc tljCBoup before the lair Ccnu
P i. 59.cuc' s 15 tome, aim Ctcctition thereupon of lanOgi aim QJocos upon fte -
S C turn Ot Non eft inventus. 15 (£♦ 3. CjCCCtlttQll 61.
Fit7h Tit 2 - Execution by Default was awarded ot a Recognizance made in
Execution, C. B. The Party prayed Execution of the Lands, which the Conufor had
pl 1 5S. cites the Day ot the Recognizance acknowledged, but could not have it, till
5 c - the Sheriff had Returned J^uod nihil habet whereof Execution might be
made, and then he fhould have it, and not before. And this was the
Advice of all the Court &c. 29 E. 3. 32. a.
3. The rear and Day of the Recognizance y£rf//fo accounted, as to the
Juing of Scire Facias thereupon, from the Day of the Payment cf the Sum,
and not from the Day of the Recognizance acknowledged. Br. Recog-
nizance, pl. 17. cites F.N. B. 266.
4. A Statute acknowledged upon Lands is a prefent Duty, and ought
to be f at t sped before an Obligation which is not fo ; (Mich. 23 Car. B. R.)
for a Debt due upon an Obligation is but a Chofe in Action, and recover-
able by Law ; and not a preient Duty due by Law, as a Debt upon a Sta-
tute, judgment or Recognizance is, upon which prefent Execution is to
be taken without further Suit. 2 L. P. R. 536. Tit. Statute Staple &
Merchant.
Sec (R.) (K) Statute Merchant, Staple or Recognizance. How
it fhall be put in Execution.
u T? Petition of a Statute QScrcbant or Staple ousljt not to be
H, CrailtCD lit CijaitCerp Upon Certificate ot the Mayor, unthout
fhewmg torth the Statute. ^ItlC CeCCUtlOlt 17* tit ateftJgWB 2 ft. 3*
in the £tm.
2. sec 7 ip. 6. 42. UBijeit tbe plaintiff recoberco tlje Statute in
Detinue, ano it [wm] ocuuercu to bun, Ijc ftteo C.rccution, op
tDljlClj It tmpll>'t>, tljat l)C Otlfjijt tO ihew the Statute.
* IfthcSfc- 3. But See 26 p, 6. CreCtttlOn 6. Jf tIjC Day of Payment be pair,
riff has r t . an d Statute is certified by the Mayor, IjCfljaU ljat>e Execution tUItbOUt
turvti Qpi njcU]UU Y of tlje Statute. * But at tije Dap of tlje Return of tlje
bTtbe "bL HDrit Of CCCCUtlOn, If t!)C Party be taken, if IjC OOC0 UOt OjCU) ttJC
here, if he statute be fijail oc OcubeccD.
do not (l>tw __ _. _ .,
the Statute, the Party fhall be difcharged, altho' it be loft. Greenw. of Courts 146. Tit. Statute Mer-
chant cues 3; H. 6. 6. and 7.
4 . Jf upon a Capias airjaroco out of tlje Cljancerp upon a &ta>
tttte £J3crct)attt, returnable in 13ank or "Banco Ecgis, tijt Sljenff
returns, QltOO Morraus eft Ot * Non ell inventus, no <£.tcait!0n Ujall
Greenw. of be grantee tljcrc for t&CBoop, Hanbo", or ©ooo& tott&otit ihewing
Oram 146. of the Statute. £>ID ClttriCS, *§tattlte gUetfljaitt 59 6 » Di'OCrfe {JCttC*
tit. stature j, cnt 3 . llin , t ( jat ixjtjcn ijc ijaa it not reaoj? at t'jc fame Dap, Dap
6} ./ 5* upon
Statutes [Merchant &c] 54.7
5. upon a Statute OSercbant one Writ map be atnaroeD to take*«MF-/««
the Body in one County, and alfo a Writ to ti)C Sheriff Of another f â„¢*^|
County to make Execution of his Land. 41 C 3, CjCCCUtiOU 38. Staple
and one prays
Extent in one County and the other in another Cottnty, they ftiall not have it. Fitzh. tit. Extent, pi. 9. cites
Mich. 11 £.4. 9. Per Choke.
6. 3jf a statute s^crcljant be arimoarieagcn of ioo 1. tfje comtfee
may apportion the laid Sum, and have Execution tor 23 1. in one County
and 20 J. in another County, Htfll fO i-OCCat (SrCCUttCnS ill fCuCral
Counties foe caoBp, Hand's, ana *$ooos, according to bis appoc*
tionment* 16 €. 3. <£tecution 49. i s
Ijao Ccci-unon of one Q9^etp 111 one County ano of anodjcr $S9oictP
in anotijcc County. kno entries, Stature SJ3ercIjant 596. a. b.
ij&Ijen ttje Return is Mortuus ttjen execution 10 for ILanbs ana
®ooos, tut wljen tlje Return is Non eit inventus tt teems it map be
■Boop, Lanos, ano ©0000, or for Lanos aim ©ooos only, as
tljctc it was. 596. a* .,■«»,
7. |f upon tije Certificate upon Statute ^erdjant a Capias is tho the â–
aiuarDeo, ano' a Non eit inventus ts returned thereupon, bp \nW.i) a p n ' d nt ? [Z h
Execution is awarded, aUu" belore Execution made the Conulee dies, Abridgment
the Executor of tlje Conufec, upon fijeasinn; of tljetBUl ano Statute, are, that
fljall not Ijabe New Execution upon this^UoCCaUt'e, tOt aUP CijElliT 3_p s the Exem '
inaunuclj as it appears of Eecoto in Ooank, ^Ujat Sedition fuag %™k± e
once aujaroeo: l^ut in tijtss Cafe be mutt fue a wm out of Chan- wordcHa-
eery, returnable in Tsank upon tije Cafe, is c 3. 10. b. 2 ci buenmo «
ID 180 49. 8>e muit commence all anew with a new Certificate of wanting;
the Mayor, anb fljall not ba'oe Scire facias nor ertent in /Baali.^â„¢ 1 "-
was
s&tb tftere it is faio, ©ijat 17 C 3* 31* in a JIMa [isj tnifprinteo, agreed dear.
the i©oto (Dabucrtmt) not being in a Spnutcnpt jv P er cur.
â– That no
Scire facias lay in fuch Cafe ; But if any Procefs fhould be made, it fhould be fuch as the Conufce
ought to have had if he had been living, viz An Extendi facias : And fo A. Browne held (Irongly, but
Dyer and Wefton contra ; Becaufe there is a Special Writ in the Regilter, Thar the Executors of the
Conufee iv on Affidavit in Chancery, That the Debt was not fatisfied in Vita Teitatoris feu polka,
fhould have a new Certiorari to the Mayor &c. to make a new Certificate of the Statute, notwith-
ftandinp- the firlt Certificate. At lalt the Party was advifed to commence allde novo, that being a clear
and lure Way without Error. D. iSc. b. pi 49. Pafch. 2 Eliz. Anon.
8. 3if 2 Conufees Of 3 Statute S^CrCbant fue Execution, nSlB tl)Z
COnUiCr iS returned dead, lip teljlCt) Execution is granted, and alter
one of the Conufees lavs, That the other is dead, pet tje fljall !10t babe
in 'Banft Crecution alone, but he muft fue out a new Writ out of tije
Cbanccrp upon bis Cafe. 25 €. 3. 38. b. aojuoBcu.
9. But bp tlje Statute Of 5 H. 4. cap. 12. it is enacted, That when
a Statute Merchant is certified into the Chancery, and thereupon a Writ
is awarded tO ClJC SljCrUT, and this returned in Bank, and the Statute
there once Ihewn, tho 1 the Procefs after t!)S faiD Scaring be difconn*
nued &c. that the Juftices of the Bench where ti}C Statute tOfiS 0!W
fljCton, may, upon the fame Record, make and award full Execution of
the faid Statute without having the View or Monitrans of it at any other
Time afterwards. . n ^
10. 3ifG.B. Efq; is bound in a Statute QSercIjant to 3.S. an*» Hob. 129.
after S 15. is made a Knight and Baronet; QUB UpOU Certificate pi- i«» S.C.
maoe bp tbe ^9avot in tDe^ancerp, 15. tjtapm of tbeCtoncecp â– ;, ;-;;
a Capias againlt G.B. bp ti)C I3aitie Of ©,15» tiqi 00 ije UKIS UuViiCC Mattcrth «
54-B Statutes [Merchant &c]
maftcome m t!;c statute, ann t!ji0 t0 returneo in 'Banfc, upon mhtcl) i©rit0
formati^"of df ^ttcut are ntuaructi to fciierai Countless, loljidj mere credited
ami retiinicn : C&ig is not poo, nor can be amenoeo ; but 03* may
lue a new Capias out ol th_- Chancery upon the firlt Certificate againlt
G. B. * Knight and Baronet, qui per Nomen G. B. Armiger' cog-
novit &c. oobatt Ecport0 173* Bit <3catQCGrijky , $ cafe* Z%
> tit. ii. upon a Certificate of a Statute ^crcljant if a Capias be
w^crcs SrnUtCO to the Sheriff of L. lu!)0 rctuni0, Non eft inventus, and at
SC ter another Certificate Is made, and thereupon a Capias [jrantCD to the
Sheriff ol S. by UJljiCij W BOOP 10 taken J CIJ10 10 not 0000 ; fOC
tijC 2d Certificate and Procefs thereupon is not grantable b" £aUl 28
€. 3. 91. b. aoniQitcu. Q3ut tijep luaulD not oe!iuer1ji0 13oop,
aim mane £Ut*re. ' "
Fifth, tit. 12. upon a statute 90erajant the i©rit of Extent map be granted
Execution, to the Sheriff ot the bounty where the Statu le was acknowledged and
pi. 01. cues to any other Counties alfo at the fame Time. 24 (£« 3, 30 ^CtCCU
& u tion 91 . 'But 3 no not fiiio t#$ in tlje Tooafc at large.
fB> N - B 'h 32 I3 ' Up0D Certificate ot Statute Staple made by the Mayor of the
Wte'taVhe Sta P le in P anc ery, the Conufee took a Writ for the Body, and to extend the
Marg. cites Land in S. and M. only, which Writs were not returned; and therefore he
S. C. and cauled the Mayor of the Staple to certify the Statute again by Certiorari;
fays, Mote it an d upon this toik Writ for the Body, and to extend the Land in 10 Counties'
tended but"" l '[ u not ** S ' and M which were m returned j by which he took the 3 d
that they Certificate, and took Execution in 6 Counties, but not in S.orM. and had
were 3 feve- Land extended, which the Conn for had in Jure Uxoris, which Feme died
ral Statutes, within the Term, and the Conufor menaced the Conufee fo that he durft not
Note" no" ta u ke the I>r0 A U '' And b >' a11 the Juices, where the Conufee is oulled by
in the French the Dc:ich oi tne Feme, or by Menace, as above, the Conufee mall have
Edition] Capias in the County where he took the Jirji Writ, and not in another County
and this upon a New Certificate ; and upon this the Conufor lhall have An-
fwer, and {hall find Surety to the King and Parties according to "the
Statute 11 H. 6. 10. and lhall have Scire facias againil the Conufee and
lhall find Surety to fue it with Effea, and to prove the Matter contained
in the Writ, and to Hand to the Judgment of the Court ; and if he fails
in any of thofe he forfeits his Recognizance to the King and to the
Party : And the Sureties lhall be fufheient as well for the°greater Sum
as lor the Colts and Damages. Br. Statute Merchant, pi 26 cites
2 R. 3- 7-
SoofaSia- 14. A Writ ol Execution upon a Statute Merchant lies in a Cafe where
oTtb!tLr a Man is bounden in a Statute Merchant before any Mayor or Bailiff of
of the Staple a Corporate Town, who have Power to take fuch Bonds or Recogni-
way award zances, to pay a certain Sum of Money at a Dav, at which Day he does
f*«*thn if not pay the lame, then he to whom the Obligation or Recognizance is
dZellS made mi y cme be f ore the Ma y w or hm be f ore "thorn the Bond or Recogni-
withinhh zance was taken, and pray him to certify the fame into Chancery under his
Jurifdmm, Seal, according to the Statute of At! ion Burnei ; and //' he will * not certify
or has Lands the fame, as lie ought to do, then the Recognizee may have a Writ directed
%£"$**% unto the Mayor. F. N.B. 130. (C)
121. (C) —Ibid, in the new Notes there (b) there is a Nota, That Execution by a Mayor of the 3*a
pie can be only within hi< Jurifdiction. ' ; W,M
* So if upon ? Statute Staple the Mayor willrwt certify the fame, then the Party who has the Obligation
may come into the Chancery and jbtw the fame there, and pray a Certiorari to the Mayor to certify the In
rolment of the Statute ; And if the Mayor returns, Thai he has twice or oftner cert.fied the fame befort
that Time as appears by the Inrolment m ide by the Mayor, if there appears no fuch Certificate nil Re-
cord in the Chancery then he who has the Bond of the Statute may fue forth a new Certiorari to the
Mayor, reciting j in the V\ nt That there is not any Certificate recorded in the Chancery, command "e
him to certify the Inrolment of the Statute which is before him ; and upon the fame he may have af
15. And
Statutes [Merchant &c] 54.9
15. And if he will not certify by this Writ he may fue an Alias and So upon a
a Pluries and Attachment againfi the Mayor and Clerk : And it appears by Statute Sta-
this Writ that if an Obligation be once certified in the Chancery it ought whenthe
not to be certified again without Affidavit made. That Execution was Mayor has;
not fued upon it, and then he Ihall have a fpecial Writ unto the Mayor certifier! the
for it ; For then it ihall be taken as a feveral Obligation upon every . mt " retmder
Certificate. F. N. B. 130. (D) then the'
Writ of Exe-
cution fhall iffue forth againft the P.irty to arreft him and to extend his Lands Sec. F. N. B. 1 3 1. (C)
16. And alfo it ought to be certified under the Seal of him -who is de-
puted to feal the Obligation. And it the Mayor do make his Certificate unto
the Chancery, then the Party fhall have a ii Wit to execute the Statute.
F.N. B. 130. (E) (F)
17. If the Statute be not fufficiently certified in the Chancery by the
Mayor &c becaufe he has emitted any Part of the Bond, As the Name or
Surname, or other Matter material, then upon Affidavit made, That he
has not had Execution by reafon of that Certificate, he Ihall have a new
V\ r rit unto the Mayor and Clerk cvc. to certify the Statute fully again
into the Chancery, notwithstanding his Certificate made before, and that
Writ does appear in the Regifter. F. N. B. 132. (B)
18. If the Mjtyor makes a Certificate of the Statute into the Chancery But note,
and delivers the fame unto the Recognizee, and the Party keeps the Certiji- T^l'L l A
cate, and will not put it into the Chancery, and afterwards another is made t {fj C ate f, e
Chancellor, the Party ought to have a New Certificate to that Chancellor, has not ex-
othervv ife he ihall not have Execution of the Statute upon that Certifi- frejfed the
care made to the old Chancellor, which was not delivered in Time into ^!"" e °J the
the Chancery ; and then he ought to lue a Writ in Chancery, directed th^he"'
unto the Mayor, to make a new Certificate. F.N. B. 132. (B) may deliver
that Certifi-
cate to the new Chancellor, and fue Execution upon it, and therefore it is good to make the Certificate
general to the Chancellor without naming his Karr.e. F. N.B. 132. (B)
19. It was faid by the Court, That in an Execution upon a Statute
Merchant, there is no Occafion for a Liberate as there is upon a StatuteStaple :
And in this laft Cafe the Cognifee cannot bring an Ejectment before the
Liberate ; neither can the Sheriff, upon the Liberate, turn the Tertenanc
out of Poileffion, as he is to do upon an Habere facias Poflelfionem.
Vent. 41, 42. Mich. 21 Car. 2. B. R. Anon.
(L) D'ifcharging of Statute Merchant. Before Execution.
1. TJF tl 2&M acknowledges aSfctUte to A. and after admOfoleHSCS Cro. J- 4
X another g>tatUt£ to B. and tl)Ctl accepts a Leafe for Vears Of ti)C P 1 * Pa ^
JLattD, and grams it over to another ; 05P tljiS l)t W fllfpCnQCn W [djudgid
statute Burins tfjc Lcafe for £carg, ana tljc 2B oiontucc mn$> uiell cofdingiy,
424-
h.
c
ceptance of
the Reverfion and Kent, and afligning it over the Extent is fufpended during the Term. . Ibid. 477.
pi 11. Patch. \6 Jac. B. R. S. C. accordingly. Ibid 5<"<>;. pi 9- Pafch. 18 Jac. in the Exchequer
Chamber. Garraway v. Harrington S C anrl the Judgment wa$ reverted, but it was upon a different
Point in the Pleading. — Palm. 2.72. S.C. Hill. 19 ]ac. B.R. That by the Purchaft of the Reversion and
Rent his Statute was extinct, and that the fecond Conufee may extend, and have Action of Debt far the
Rent, and is not pur to Audita Querela, tho' the fit ft Conufee faould extend alfo, the Extent being
7 A void :
550 Statutes [Merchant &c]
void; but it would be other wife if it were only voidable Ex poft Facto. And it was affirmed bv the
Plaintiff's Counfel, Thar this Cafe in Both Poiirs had been adjudged in this Court before, and affirmed
for the Matter of Law in the Exchequer Chamber, and the Judges like wile affirmed the fame, That
it had beer, (b adjudged upon Both Points ; Eut Koy faid, That there were 2 Writs of Error brought
upon thofe Judgments in the Exchequer Chamber, and that the Juftices were there agreed to reverie
the Judgn ents, becaufe Ko Scire facias was fued again fi the firft Conufee he being in by Judgment; and that
the Defendant in Error perceiving the Opinion of the Juftices againlt him compounded with the Plain-
tiff, and fo the Judgment was not reverled.
Br. Affife, 2. Where a Man is bound in a Statute Merchant to 2, and the cue par-
jf'c j * € jj* s ' e b*fa the Land of the Conulbr belore Execution fued, it feems there
gift. Brer. thac ch .' £ is a -Difcharge ogalnji Beth the Conufees; the Reafon feems to
147. cites ;i be innfinuch as of a Thing Perfonal the one has Power to difcharge the
Ail". \\ hole. Br. Statute Merchant, pi. 23. citeszi All'. 23.
Koy 4-, 4.8. 3. Ii a Conulbr has 2 Manors A. and B. and enters into 2 Statutes,
*htth P one to C. and another to J). — C. has Execution of A — C. alter the Sta-
chafeof ■*' tute en £cr'd into parehafed i Acre of the Manor of B. of the Conulbr : This
Part is no does not determine his Execution againlt the Conulbr. 2 And. 170.
Bar to have pi. 53. Triii. 42 Eliz,. and agreed Hill. 43 Eliz.. Deane v. Hynde.
Contribu-
tion agair.ft the Conusor himfelf.— Cro. E 79-. pi. 4;. Mich 4: & 45 Eli?.. C. B. S. C. but the Point of