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On rescue, a justice shall on oath in 14 days after order constables to assist to distraint again, and take persons to convey to pound.
7. W. 3. 22.
4 G. 1. 5.
15 G. 2. 8.
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VIII. And whereas distresses lawfully taken are frequently rescued, be it further enacted by the authority aforesaid, That if any distress, lawfully taken for rent, or services, or other legal dues, shall be rescued, if the person, on whose behalf such distress was taken, his agent or bailiff, or any person employed in taking such distress, shall within fourteen days after such rescue make oath thereof before any of his Majesty's justices of the peace of the county, where such rescue shall have been committed, which oath such justice is hereby authorized and required to administer, then such justice of the peace shall by warrant under his hand and seal order and require one or more constable or constables of the said county to go with and assist the person, on whose behalf such distress was taken, or his agent or bailiff, or the person employed by him as aforesaid, or the person making such oath, to distrain again for the said rent, services, or other legal dues, and to take with him a number of persons, sufficient to secure and convey the distress, so by him or them to be taken, to some lawful pound.
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Constables, &c. to have reasonable satisfaction out of money first deposited with said justice,
deducted out of, goods sold, or recovered as rent, or by civil bill.
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IX. Provided always, That before any justice of the peace shall grant such warrant as aforesaid, there shall be deposited in the hand of such justice of the peace such reasonable sum of money, as such justice of the peace shall require, to satisfie such constable or constables, and his and their assistants, for their pains and trouble in executing such warrant; out of which money so deposited reasonable satisfaction shall be made by such justice of the peace after the service performed to such constable or constables and his and their assistants, returning the overplus; which money so paid shall in the first place be deducted out of the money arising by the sale of such distress, in case the same shall be sold, or otherwise shall be levyed or recovered by distress and sale of the goods, as in case of a distress for rent, or by civil bill, against the person owing the rent, service, or other duty, for which such distress was taken, with costs of suit.
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On oath of danger of rescue of corn and hay distrained, justice may appoint watches, and wages for each, not above 1s. nor less than 6d. for a day; nor less than 1s. nor more than 1s. and 6d. for a day and night.
Money first deposited, and paid after the service.
One moiety at his charge for whom warrant granted: satisfaction for the other as aforesaid.
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X. And be it further enacted by the authority aforesaid, That, if it shall appear upon oath to any justice of the peace of the county or place, where any corn or hay shall be lawfully distrained, that the same is in great danger of being rescued or unlawfully taken away, then such justice of the peace shall by warrant as aforesaid order and impower any constable of the same county to appoint a sufficient number of fit persons to watch, keep, and secure such corn or hay, until such time as the same might lawfully be sold, or shall be otherwise delivered by due course of law; and each person so appointed shall be paid such wages, as such justice of the peace shall direct, not exceeding one shilling, nor less than sixpence, for one day's attendance; nor less than one shilling, nor more than one shilling and six pence, for a day and a night's attendance, to any one person: provided, that the person, at whose instance such warrant shall be granted, shall before the granting of the same deposite such reasonable sum of money in the hand of the said justice of the peace as such justice shall judge to be sufficient for such payment; which payment such justice shall cause to be made, according to the proportions above mentioned, after the service performed, returning the overplus; and one moiety of the sum, which shall be at the charge of the party, on whose behalf such warrant was granted; and as to the other moiety thereof, satisfaction shall be made to the party, who made the deposite, out of the money arising by the sale of such distress in the first place, in case the same shall be sold, or otherwise shall be levyed or recovered by distress and sale, as in cases of distress for rent, or by civil bill, against the person owing the rent, service, or other duty, for which such distress was taken, with costs of suit.
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