Page:Ruffhead - The Statutes at Large - vol 2.djvu/691

 A. D. 1 5 S 5. Anno xxvii Regime Em/, aim, i | C. 9. IF. Be it therefore enacted by the Authority of this nrefentP t, Th.it where any Judgment J 1 JBanyTimc hereafter be given in the faid Courl ol Bench in any .'. unt, Anion upon the Cafe, t be firft commenced there, (other than fuch only where (he Oucen's Majefty (hail be Party) the P KaintifFor Defendant, againft whom any fuch judgment fhall be given, may at 1 out of the Court of Chancery a fpecial Writ ol Error to be devifed in the (aid Court 01 Chancery, (i), directed to the Chief Jufticc of the (aid Court of the King's Bench for I to caufe the faid Record, and all Things concerning the faid Judgment, tobebrouj or the Common Bench and the Barons of the Exchequer, into the Exchcqucr-Cha examined by the laid Juftices of the Common Bench and Barpns aforefaia ; (3) which faid Juftio the Common Bench, and fuch Barons of the Exchequer as are of the Coif, or fix ol thcmai the let by Virtue of this prefent Act, fliall thereupon have lull Power and Authority (o examine ail fuch 1. rors as fliall be afligned or found in or upon any fuch Judgment; (4) ami thereupon to reverfe or?" '" • 'J* Affirm the faid Judgment, as the Law fhall require, other than for Errors to be afligned or found for or{j . ceetl .._ c III. And be it further enacted, That fuch Reverfal or Affinnation ol any fuch former Judgment fliall n be fo final, but that the Party who findeth him grieved therewith, fliall and may fue in the High Court of 1 parliament for the further and due Examination of the laid Judgment, in fuch Sort as is now ufed upon erroneous Judgments in the fail Court of King's Bench. 14. lid. 3. Stat. 1. cap. 5. 31 Eliz. cap. 1. Previfur.irr'jti.-g lcr:ti,fc 16 Car. 2. e. z. 20 Car. z. .. 4. j-.'; .-.'-. 16. CAP. IX. An Aft for Reformation of Errors in Fines and Recoveries in the twelve Shires of Wales, and Counties Palatine, and for Exemplification- ol Fines and Recoveries generally. HF. RE AS in the Parliament by Prorogation holden at Weflmtnfler in the three am: of her Maj city's Reign that now is, one good and beneficial Statute was made and id twentieth Year' ;•£•'• c - Z> id ordained for the appealing of Suits, the avoiding of filfe Practices, Deceits, Devices and Mifdemeaftors, and for helping ~f of Negligences and Mifptiftons of Clerks and Officers, dangerous to Aflurances of Mens Lands and He- ' reditaments, intituled, An Acl for the Reformation of Errors in Fines and Recoveries: (2) Forafmuch as the ' faid Statute, or fundry good and neceflary Claufes and Parts thereof, doth not extend to Fines and lleco- ' veries levied, had and fuffered in the twelve Shires of Wales, that is to fay, Glamorgan, Brecknock, RaJno' , ' * CaeTmartben, Pembroke, Cardigan, JlAou/itgomery, Denbigh, Flint, Caernarvon-, Ang/efey and Merioneth, ' the Town and County of Haverfprd-wfl, and the Counties Palatine of Cheftcr, Lancafter and Durefm :',. ' (3) Be it enacted by our Sovereign Lady the Queen's moil: excellent Majcfty, the Lords Spiritual and r"I°j™nd Reco- Tetnporal, and the Commons, in this prefent Parliament affembled, and by the Authority of tiic fame, series ia Wale* That every Writ of Covenant, and other Writ whereupon any Fine heretofore hath been levied or hereafter md the Coun-iw fliall be levied, the Return thereof, the Writ of Dcdimus potcftatem made for the acknowledging of any of Maune. the fame Fines, the Return thereof, the Concord, Note and Foot of every fuch Fine, the Proclamations made thereupon, and the King's Silver, (4.) and alio every original Writ of Entry in the Poji, or other Writ whereupon any common Recovery hath been fuffered, or hereafter fhall be fuffered or paffed, the Writs of Summon, ad JVarranti%andum, the Returns of the faid Originals and Writs of Summon, ad IVarran- iizandum, and every Warrant of Attorney, had or to be had, as well of every Demandant and Tenant as Vouchee, extant and remaining, or that fhall be extant and in being, in the Courts of Aflizes or Great Semens within the faid twelve Shires of JVales, Town and County of Haverford-wefi, and Counties Pala- tines, or in the Cuftody of the Officers to whom the Charge of keeping thereof doth appertain, (5) may upon the Requeft or Election of any Perfon or Pcrfons be inrolled in Rolls of Parchment by fuch Perfons, and for fuch Confederations, as hereafter in this Acl fhall be mentioned : (6) And that the Inrolments of the fame, or any Part thereof, fhall be of as good Force and Validity in the Law, to all Intents, Refpects and Purpofes, for fo much of any of them fo inrolled as the fame being extant and remaining w«re or ought by Law to be. II. Be- it further enacted by the Authority aforcfaid, That no Fine, Proclamations upon Fines, crForwlu:' common Recovery heretofore had, levied, fuffered or palled, or hereafter to be had, levieJ, fuffered or Fir : Ci " nJ R^ 0- 'paffed, in any of the faid twelve Shires of JVales, Town and County of Haver ■ford-weft, or Comities * 'Palatine, fhall be reverfed or reverfible by any Writ of Error for falfe or incongrue Latin, Rafure, Inter- Hiring, Mif-entring of any Warrant of Attorney, or of any Proclamation, Mif-returning or not Returning of the Sheriff, or other Want of Form in 'Words, and not in Matter of Subilance. III. Provided always, That neither this Aft, nor any Thing therein contained, fliall bar or exclude any 1 Perfon or Perfons from any Writ of Error which fhall he had, taken -or purfucd within five Years next and what Pet- -■•-Vol. II. 4N v-hzr