The Execution Act 1664

Recital that the Security by Statute Merchant and Statute Staple is become of little Use by the Fraud of Conizers, and of the Consequences thereof.

No Execution shall be stayed, though the whole Lands be not extended.; Proviso for Defendant's Remedy for Contribution.

Whereas the Security by, Statute-Merchant and of the Staple is now become of litle use and benefit by the fraude of the Conizers thereof in sundry cases who to prevent the payment of their Debts secretly assigne small parts of their Lands to severall and unknowne. persons, And it haveing beene used that if the Creditor take Execution on such Statute, yet if the Lands of any one or more person or persons, to whom such Alienation was made and lyeable to such Execution be ommitted out of such Extent, the same Execution hath beene avoided by Audita Querela and the party extending lost his Costs and was delayed of his just Debt and soe againe upon any new Extent toties quoties, And if any one Acre or Parcell of Land happened to descend to an Infant the whole Execution was deferred till, full age of such Infant, And if afterwards other part of the Lands or Tenements lyeable to such Debt descended to another Infant then alsoe a farther delay happened dureing that Infancy alsoe, Bee it therefore enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament assembled and by Authoritie of the same That when any Judgement Statute or Recognizance shall be extended the same shall not be avoided or delayed by occasion that any part of the Lands or Tenements extendable are or shall be ommitted out of such Extent, saveing alwayes to the Party and Partyes whose Lands shall be extended his and their Heires Executors and Assignes his and their remedy for Contribution against such person and persons whose Lands are or shall be omitted out of such Extent from time to time.