Page:Ruffhead - The Statutes at Large - vol 3.djvu/147

 A. D. 1623. Anno viceflmo prlino Jacobi I. C. 12^ 13. 99 CAP. xir. An A6t to enlarge and make perpetual the Ad made for Eafe in Pleading againfl; troublefomc and contentious Suits profecuted againfl: Jufliices of the Peace, Mayors, Conftables and cer- tain other his Majefty's Officers, for the lawful Execution of their Office, made in the fe- venth Year of his Majefty's moft happy Reign. ' for the lawful Execution of their Office, made in thefcventh Year of his Majejlfs 7nafthappv Reign ij/"Engiand, made^perpetuai. ' was made to continue but for feven Years, and from thence to the End of the next Parliament after the4inft. 174. II. Be it therefore enafted by the King's moft excellent Majefty, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by the Authority of the fame. That the faid Ad (hall from and after the End of this prefent Seffion of Parliament be perpetual and have Con- tinuance for ever. III. And be it further enaded by the Authority aforefaid, That all Churchwardens, and all Perfons Churciiwai-deni) called Sworn-Men, executing of the Office of Churchwardens, and all Overfeers of the Poor, and all andOverfceisof j others which in their Aid and Affiftance, or by their Commandment, (liall do any Thing touching or comprehended'" concerning his or their Office or Offices, fliall hereafter be enabled to receive and have fuch Benefit and within the Pur- Help by V irtue of the faid Act, to all Intents, Conftrudtions and Purpofes, as if they had been fpe- view of 7 Jac. i. daily named therein. _ . . . '' ^' ' IV. And whereas notwithftanding the faid Statute, the Plaintiff is at Liberty to lay his Action which ' he (hall bring againft any Juftice of Peace, or other Officer, in any foreign County at his Choice, ^ Places of Habitations : . V. Be it therefore further enafted by the Authority aforefaid. That if any Adion, Bill, Plaint, or An Aflion Suit upon the Cafe, Trefpafs, Battery or falfe Imprifonment, (hall be brought after the End of this brought agairft prefent Seffion of Parliament, againft any Juftice of Peace, Mayor or Bailiff of City, or Town Corpo- ^eiaidiTthe rate, Headborough, Portreve, Conftable, Tithing-Man, Collector of Subfidy or Fifteens, Churchwar- County where dens, and Perfons called Sworn-Men, executing the Office of Churchwarden or Overfeer of the Poor, the Fail was and their Deputies, or any of them, or any other which in their Aid and Affiftance, or by their Com- J'l^ft^igt ' mandment, (hall/do any Thing touching or concerning his or their Office or Offices, for or concern- Vaugiian jij, ing any Matter, Caufe or Thing, by them or any of them done by Virtue or Reafon of their or any "5> ^'7' of their Oflice or Offices, that the faid Action, Bill, Plaint or Suit fliall be laid within the County where the Trefpafs or Fadt Ihall be done and committed, and not elfewhere; (z) and that it (liall be lawful to and for all and every Perfon and Perfons aforefaid, to plead thereunto the general IfTue, that he or they are not guilty, and to give fuch fpecial Matter in Evidence to the Jury which ftiall try the fame, as in or by the faid former Adt is limited or declared: (3) And that if upon the Trial of any fuch Action, Bill, Plaint or Suit, the Plaintiff or Plaintiffs therein fliall not prove to the Jury which (hall try the fa,me, that the Trefpafs, Battery, Imprifonment, or other Fadt or Caufe of his, her, or their fuch Adtion, Bill, Plaint or Suit was or were had, made, committed or done, within the County v/heroin fuch Adtion, Bill, Plaint or Suit (hall be laid ; that then in every fuch Cafe, the Jury which fhalltry the fame, ihall find the Defendant and Defendants in every fuch Adtion, Bill, Plaint or Suit, not guilty, witliout having any Regard or Refpedl to any Evidence given by the Plaintiff or Plaintiffs therein, touching the Trefpafs, Battery, Imprifonment, or other Caufe for which the fame Adl;ion, Bill, Plaint or Suit, is or The- Defendant fliall be brought: (4) And if the Verdidt ihall pafs with the Defendant or Defendants in any fuch Adlion, cojk'"'""^ Bill, Plaint or Suit, or the Plaintiff or Plaintiits therein become nonfuit, or fuftcr any Difcontinuaace TJiereMf, that in every fuch Cafe the Defendant or Defendants fliall have fuch double Cofts, and all other .Advantages and Remedies, as in and by the faid former Adt is limited, diredled or provided. CAP. XIII. An Act for the further Reformation of Jeofails. HE RE AS in the two and thirtieth Year of the Reign of King //fwr/ the Eij>:hth, of famous Me- i4.?r,i'. ..s/.-.f.S. mory, a good and profitable Law, intituled, An Act concerning mlfpkading. Jeofails, and Attornics,'^i^^^s■^'^'^■^ was made and enacted: (2) And likewife another good and profitable L'aw was made in the eighteenth j^'^j/d to writs Year of tlie Reign of our late Sovereign Lady Queen Elizabeth, intituled. An A 'J for Reformation ofjeo- of Mandamus, ' faih ; (3) by which Laws many Delays of JiMgrnsnts were prevented, and yet notvvi'dvftanding many ^';- ^'^^°^'^""'^> ' Things have and daily do fall out, not yet provided for, nor remedied by the Laws before-mentioned :' Thebefc«f' of IL Be it therefore enadled by the Authority of this prefent Parliament, That if any Verdidt of twelve theSntimsot
 * TT WHEREAS an Ai5t, intituled, An Ail for Eafc in Pleading ammji t7-oubIefome and contetitious Suits Thtstmnttai
 * VV prof'-jutcdagainftfujlices of the Peace, Mayors, Conftables, and certain other his Majefty's Q^ci?n, 7j«- '• '^- 5-
 * faid feven Years, which by Experience hath fince been found to be a good and profitable Law :' Eum v. z. gj,
 * which hath proved very inconvenient unto fundry of the Officers and Perfons aforefaid, that have
 * been impleaded by fome contentious and troublefome Perfons in Countries far remote from their