Page:Ruffhead - The Statutes at Large - vol 2.djvu/760

 7io C. 5, 6. Anno xliii Reginae Elizabeths. A. D. i6or. Chancery within the County Palatine of Lancafter, as the Cafe fliall require reflectively, recording to Order for the their feveral Jurifdidions, within fuch convenient Time as fliall be limited in the faid Gornmiffians; Execution of the ' IX. And that the faid Lord Chancellor or Lord Keeper, and the faid Chancellor of the Duchy, fhall CommiiTwners anr J may.within their faid feveral JurifdicYions, take fuch Order for the due Execution of all orany of the faid Judgments, Decrees and Orders, as to either of them fhall feem fit and convenic Decree. Aliernedy for X. And that if after any fuch Certificate or Certificates made, any Perfon or Perfons fliall find them- any Perfon felves grieved with any of the faid Orders, Judgments or Decrees, That then it (hall and may be lawful grieved by the to and for them or any of then, to complain in that Behalf unto the faid Lord Chancellor or Lord Keeper, Commiffiojieis or to the Chancellor of the faid Duchy of Lancafter } according to their feveral j urifdi&ions, for Redrefs therein : (2) And that upon fuch Complaint, the faid Lord Chancellor or Lord Keeper, or the faid Chan- cellor of the Duchy, may according to their faid feveral Jurifdictions, by fuch Courfe as to their Wifdoms fliall feem meeteit, the Circumftances of the Cafe considered, proceed to the 'examination, Hearing and Determining thereof; (?) and upon hearing thereof, fhall and may annul, diminifh, alter or enlarge the faid Orders, Judgments and Decree? of the (aid Commiffioners, or any four or more of them, as to either of them in their (aid feveral Jurifdicldons fhall be thought to (land with Equity and good Confcierice, ac- cording to the true Intent and Meaning of the Donors and Founders thereof; (4) and fliall and may tax C. L " U xL Sult an d award good Cods of Suit by their Difcretions, againft fuch Perfons as they fliall find to complain explainers. unto them without juft and fufficient Caufe, of the Orders, Judgments and Decrees before men- S« farther tioned. coiiitrmtigG'iftsticbarHabltUjcs, 4 Ann c, r^.. CAP. V. An Aft to prevent Perjury, and Subornation of Peijury, and unneceflary Expences in Suits of Law. At what Tiima'-tT 7HEREAS within divers Cities and Towns Corporate, and other Places within this Realm of Eng- a^Soit'de^di'n ' * V lan(i -> an< * thc Dominions thereof, there are Jurifdi itionsj Cuftoms and Privileges to hold Plea in in an inferior'" Addons of Debt, and other Adions, Plaints and Suits between Party and Party, and divers of her Ma- Court rtiall.be de- ' jelly's Subjects do daily commence many Actions, Plaints and Suits in the (aid Towns Corporate Jivered to the ' and Places, according to the Jurifdictions, Cuftoms and I 'rivileges of. : - • c) And. many De- Jf d tl f e ° a r ° c fficer ' fendants in Addons, Plaints and Suits there brought and com-;. : V 1 Addons, Plaints Coun. 3mC ' ant * Suits to be proceeded in and profecuted there, until tfteXDaufe bet' (Fs and them be at iHaio.P.c. ' Ifiue, and the Jury fworn, and Evidence given on th ,-tfore the faid Defendant will deliver cb. 69-. ' into the Court where the faid Actions, Plaints or Suits arc to be ti nerl jrth by them; 'to remove the Caufe there depending, into fome one or other of her Majefty's Courts of Record at Wkfi- ' and to know what Proofs the Parties Plaintiffs can make for the proving of their Iffue, whereby theDe- x fendants that fued forth the faid Writs, may have longer 1 imc to fuFnifh theihfelves with fomefaife Wit- ' nefles, to impugn thole Proofs which the Plaintiffs nave openly made by their Wkneifes and Proofs, II. For Remedy whereof, Be it enaded by the Queen's moft excellent Majefty, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affemblcd, and by the Authority of the fame, That from and after the End of this prefent Seifion of Parliament, no Writ or Writs of Habeas Corpus, or any other Writ or Writs fucd forth, or to be fued forth, by any Perfon or Perfons whatfoe'/er. out' of anv of her Majefty's Courts of Record at IVeJhmnfter, to remove any Adion, Suit, Plaint or Caufe, depending or to be depending, in any Court or Courts within any City or Town Corporate, or elfewhere, which have or fhall have Jurifdidion, Power or Authority to hold Plea in any Adion, Plaint or Suit, fliall be received or allowed by the Judge or Judges, or Officer or Officers of the Court or Courts wherein or to whom any fuch Writ or Writs (hall be delivered (but that he an ' they fhall and may proceed in the faid Caufe and Caufes ready to be tried, as though no fuch Writ or Writs were fued forth or delivered to him or them) except that the faid Writ or Writs be delivered to the Judge or Judges, Officer or Officers of the faid Court, before that the Jury which is to try the Caufe in Queftion between the Party or Parties Plain- tiffs, and the Party or Parties that fued forth the faid Writ or Writs, or for whofe Benefit the faid Writ or Writs is or fhall be fued forth, have appeared, and one of the faid Jury fworn to try the faid Caufe. III. Provided always, That this Act fliall continue no longer than until the End of the next Parliament, ,[3 Car. 1. c. 4. continued until the End of the fjrft Seffion of the next Parliament, and farther continued by 16 Car. 1. c. 4.] CAP. VI. An Aft to avoid trifling and frivolous Suits in Law in her Majefty's Courts in Wefi- minfter. Sheriff lea ' -*^ ^ er Majsfty's good and loving Subjects in her Highnefs Courts at Wejiminjier, (which by the due ~ t»Eor"ium- ' Courfe of the Laws of this Realm ought to be determined in inferior Courts in the Country) to the intcie-
 * minjler; (3) which keeping back of the faid Writ, is done by the Defendai .: her Purpofe orln-
 * tent, but to put the Parties Plaintiffs to as great Chirges and Expences as-.tl he 1 bid Defendants can,
 * which is a great Caufe of Perjury and Subornation of Perjury, and great Expences to the Plaintiffs :'
 * 3 ff.?. r. 15. < T~vOR avoiding the infinite Number of fmall and trifling Suits commenced or profecuted againft fundry
 * rable