Page:Ruffhead - The Statutes at Large - vol 2.djvu/331

 A. D. 1540. Anno tricefimo fecundo Hen rici Vllf. C. 29, 30. 293 the fame Leafe, as was at any Time therefore yielden or paid within twenty Years next before making of c any fuch Leafe, according to the Tenor of thi-, prefent Act; any Thing therein contained to the contrary '•'• ithitanding. VIII. Provided alio, That this Act extend not to make good any Leafe or Leafea lieretoforc made hy any Let/a • Ecclcfiaffical Perfon or Perfons by their Covent or Common Seal, which be made void Authority of any Act of Parliament heretofore made; (2) nor extend to make good any Leafe 01 ! heretofore made by any Ei clcfiaftica) Pci fon or Pc 1 fons now being attainted of Treafon, under their Covent u x t< ^' °"' li ■, (0 or by any other Pcrfon 01 Perfons nowncing attainted Of Treafon by Act of Par- 1 wife; (1) but that all and fingular fuch Leafe and Lead ., and every of them, now made, or hereafter to l»- made, (hall he of Inch like Effect and Strength in the Law, and none other, as they ami ' • -- every ol them v ere before the making of this Act ; any Thing before mentioned in thi:. Act to the contrary '"' ', l '■"'■• 1 notwithftanding. '.',, «• io. 14 EI. f, ii, U 14. 18 El. c. 6. 43 El. c. 9. and %j Get. z. t. 31. C A P. XXIX. All Lands lying in Ofivelbeck Soke, in the County of Nottingham, fliall be inheritable according to the Com- mon Law, and not partable between Heirs Males, as they have been. p **• CAP. XXX. Th;iA« ( »., - tenjeth 10 all IVJilpleadings, Jeofails. Writio/Min- as well in miniftringof their Declarations and Bars, as alfo in their Replications, Rejoinders, Rebutters, n; fif 1 5'. 4 joining of lffues, and other Pleadings, to the great Hurry, Delay and Hindrance of the laid Plaintiff's or ■ R°H8e,30o 1 ' Demandants, or to the Vexation of the Defendants or Tenants; (2) infomuch that when the lffues join- ^ i<' u ] 7, 4 6 ', ' or mo indifferent Perfons, for the faid Plaintiffs or Demandants, or for the Tenants or Defendants, and Stile 307. J the Jufticcs ready to give Judgment for the faid Parties for whom the fame IfTue was found, the fame Par- 1 Cro. 568. ties have been compelled by the Courfe and order of the Common Law of this Realm afore this Time, to Ttlc fe. 7er »l I«- replead, and the faid Verdicts fo given, as is afore rehearfed, to be taken as void and of none Effect; "hkhhavchcre- fomctime becaufe the lffues have been misjoined, and Jeofail, and fometime by taking Advantage's of the to forc followed" Parties own Mifpleading, or in the purfuing, mifcontinuing or difcontinuing of Procefs of any of -the by Delays in Parties, and for divers other Caufes, the which is thought as well a great Slander to the faid Common Su ' ts - j Law of this Realm, and to the Minifters of the fame, as alfo a plain Delay and Hindrance unto the faid !kfoor 574- pi. Parties, in that they mould not have their Judgments when the Iffue hath been found and tried as is afore .—'fa-i.oX.ie*, ' faid, to their great Coffs and Charges :' (3 J Ee it therefore enacted by the King our Sovereign Lord, the — f67.pl.' '" Lords Spiritual and Temporal, and the Commons, in this prefent Parliament aflembled, and by the Au- "98. thority of the fame, That from henceforth if any Iffue he tried by the Oath of twelve or more indfferent ! Cr0, 78. Men, for the Party Plaintiff or Demandant, or for the Party of the Tenant or Defendant, in any manner v'rjfg 40 ' of Action or Suit at the Common Law of this Realm, in any of the King's Courts of Record, that then waf.Kt'a^. the Juftice or Jufficc-s by whom Judgment thereof ought to be given, fhall proceed and give Judgment in Af-cr an n;uc J the fame; (4J any Mifpleading, Lack of Colour, infufficient Pleading or Jeofail, (0 or any Mifconti- ^>c6, there (hall nuance or Difcontinuance, or Mifconveying of Piocefs, (6) Misjoining of the Iffue, Lack of Warrant of b. e J uJ S ment Attorney for the Party againft whom the fame Iffue fhall happen to be tried, (7) or any other Default or f^i"^"!''" Negligence of any of the Parties, their Counfellors or Attorneys, had or made to the contrary notwith- jeofail cr Mif- ftanding; (8) and the faid Judgments thereof, fo to be had and given, fhall ftand in full Strength and Force pleading. to all Intents and Purpofes, according to the faid Verdict, without any Reverfal or Undoing of the fame by fr ">- v -~- s^J- Writ of Error, or of falfe Judgment, in like Form as though no fuch Default or Negligence had never been - | a ?, nJ 3 ' S- „ had or committed. Leon".'.'™ 138. 2 Leon. 10-5. 1 Eulffr. 25. 2 Bnlflr. 66. 3 Tiulftr. 1S0, 301. Godbolt 107. pi. 127. Hob. 69. 500.36,37,43,49. 11 Co. 7. Bro. Repleader 40. Dyer, f. 284, 353, 367. Cro. El. 131, 133, 153, 227, 257, 308, 339, 535. Cro. Car. 92, 27 S. II. Provided alway, and be it enacted by the Authority aforefaid, in avoiding of Errors and other great When anAttor- Inconveniences that daily do fortune to arife and grow in the King's Courts of Record at JVcflminjhr, " ty JJ, 3 " cn!er through the Negligence of Attorneys, becaufe they deliver not their Warrants of Attorney in fuch Actions c " urt 3rriU " ;r and Suits, wherein they be named Attorney, according to the Laws of this Realm, (2) That all and every Co. pla, f. 16-. luch Perfon and Perfons, which fliall fortune hereafter to be Attorney to or for any other Perfon or Perfons, being Demandant or Plaintiff, Tenant or Defendant in any Action or Suit at any Time hereafter com- menced or taken in any of the King's faid Courts, and. plead to an Iffue in the fame Action or Suit, that then the fame Attorneys, and every of them, from Time to Time fhall deliver, or caufe to be delivered, his or their fufficient and lawful Warrant of Attorney, to be entred of Record, for every of the faid Actions or Suits wherein they be named Attorneys, to the Officer or his Deputy, ordained for the Receipt and En- tring thereof, in the fame Term when the faid Iffue is entred of Record in the faid Court, or afore,_ (3) upon Pain of forfeiting unto our faid Sovereign Lord .v. A Sterling for every Default for not delivering of the laid Warrant of Attornev. III. And
 * " us, tec. by 9
 * ed in the fame Actions between the Parties to the fame hath been tried and found by the Verdict of twleve ,(,^ x g 7j „'gg >