Page:Ruffhead - The Statutes at Large - vol 3.djvu/159

 A. D. 1623. Anno vicelimo primo Jacobi I. C. 24. 11 f where, which have or fhall have Jurifdidion, Power or Authority to hold Plea in that Aclion, Bill, Str fanhr con- Plaint, Suit or Caufe : The fame Caufe of Aaion, Bill, Plaint or Suit arifing or growing within the faid ZrZ'^c!^^'^& ml City, Liberty, Town Corporate or Jurifdidtion, Ihall after the End of this prcfent Scfiion of Parlia- Crtri!f.6./s.'7.i6. ment be received or allowed by the Steward or Stewards, Judge or Judges, or Officer or Officers of the '« Car. %. c. iz. Court or Courts wherein or to whom any fuch Writ or Writs fhall be dircdted and delivered ; but ^'^'^h%% j^n ^ ir he and they (hall and may proceed in the faid Caufe or Caufes as though no fuch Writ or Writs ^Qxe.%f^w.-^.iy'. fued forth or delivered to him or them, except that the faid Writ or Writs be delivered to the Steward <"-di->,Gco.t.c,%, or Stewards, Judge or Judges, Officer or Officers of the faid Court, before Iffue or Demurrer joined in cfnh'ew^e'q. the faid Caufe or Caufes fo depending or to be depending in any fuch Court of Record in any City, 3 Mod. 85, Liberty, Town Corporate or elfewhere, having Power to hold fuch Plea, fo as the faid Iffue or De- murrer be not joined within fix Weeks next after the Arreft or Appearance of the Defendant or Defen- dants to fuch Adtion or Suit commenced. in. And be it further enaded by the Authority aforefaid. That if any fuch Adlion, Bill, Plaint, Suit a Suit once rt- or Caufe, which is or fhall hereafter be brought, commenced or depending in any fuch Court of Record mant'ed mail in any City, Liberty, Town Corporate or elfewhere, fliall after the End of this prefent Seffion of brremovtd!^ Parliament be removed or flaid by any fuch Writ or Writs, Procefs or Proceffes to be fued forth or out of any of his Majefty's Courts at Weflminjler or the Court of the Great Seffions in Wales or any other Court as aforefaid, that if afterwards the fame Adion, Bill, Plaint, Suit or Caufe (hall be remanded or fent back again by any Writ or Writs of Procedendo or other Writ whatfoever; that then the faid Aftion, Bill, Plaint, Suit or Caufe, ihall never afterwards be removed or llaid before Judgment, by any Writ or Writs whatfoever to be fued forth or out of any of his Majefty's faid Courts at IVcJlmviJler or the faid Court of Great Seffions in Wales, or any other Court as aforefaid} any Law, Statute, Cuf- tom, Ufage or Reftraint to the contrary thereof in any wife notwithftanding. IV. And be it further enafted by the Authority aforefaid. That if in any A<5tion, Bill, Plaint, Suit a Suit, when or Caufe, not concerning Freeliold or Inheritance, or Title of Land, Leafe or Rent, which fhall be '"^e TWiig m brought, commenced or depending in any fuch Court of Record in any City, Liberty, Town Corporate not"fiv"''Foundl' or elfewhere, if it (hall appear, or be laid in the Declaration, that the Debt, Damages or Things de- niaii not be re-' manded, doth or (hall not amount to or exceed the Sum of five Pounds; That then fuch Adion, Bill, moved. 1 Plaint, Suit or Caufe, fhall not be ftayed nor removed into any of his Majefty's Courts at l''^^'ni/i/ier^^{^"^°^- or other Courts as aforefaid, by any Writ or Writs whatfoever, to be fued or profecuted forth or out j»Geo,i, c, 29. of his Majefty's faid Courts at Tvejlminjler or other Courts as aforefaid, other than Writs of Error or f^^- 3> Attaint; any Law, Statute, Ufage, Cuftom or Reftraint to the contrary in any wife notwdthftanding. V. And be it further enadled by the Authority aforefaid. That if any Writ or Writs whatfoever, Ihall be after the End of this prefent Seffion of Parliament granted or fued forth or out of any of his Ma- jef^'s faid Courts at JVeJlmlnJler or Court of the Great Seffions in Wales or other Court contrary to the Intent and Meaning of this prefent Aft, that then it fhall and may be lawful to and for the Judge or Judges, and Officer or Officers, to whom fuch Writ or Writs fhall be diredled or delivered, to difallow (and reftife the fame, and to proceed as if no fuch Writ or Writs had been granted or foed out or forth jas- aforefaid j any Law, Statute Ufage, Cuftom or Reftraint to the contrary in any wife notwithftand- jing. j VI. Provided always, That this Adl (hall extend only to fuch Courts of Record in Cities, Liberties, ThisAafliaii pTowns Corporate and elfewhere, and for fo long Time only, as there is or fhall be an Utter BaiTifter only extend to Steward, or Deputy- Steward, Town-Clerk, or Judge, or Recorder of the fame inferior Court, or when the Stew- piat is or (hall be from Tinrve to Time Ainftant to fuch Judge or Judges of fuch inferior Courts as ard is an utter jBills, Plaints, Suits or Caufes is or fhall be brought, commenced or depending, and not of Counfel in ' " lany Action, Suit or Caufe then depending in the fame inferior Court ; any Thing in this prefent Ac5t, pr any Law, or other Statue, Ufage, Cuftom or Reftraint to the contrary in any wife notwithftanding. 1 VII. Provided that this Adt, or any Thing therein contained, fhall not extend to any Adhon, Bill, This Aa (hail Plairrt, Suit or Caufe, wherein any fuch Foreign or other Plea fhall be pleaded as could not be tried or anyfoTek^optea iietermined within the Jurifdidtion of fuch inferior Courts. ^ " * C A P. XXIV. An Ad for the Relief of Creditors againft fuch Perfons as die in Execution, FOrafmuch as heretofore it hath been much doubted juid queftioned, if any Perfon being in Prifon The Lands of and charged in Execution by reafon of any Judgment given againft him, fhould afterwards hap- fim that dies in pen to die in Execution, whether the Party at whofe Suit or to whom fuch Perfon ftood charged in Ex- fc^charBe"bie^" I ecution at the Time of his Death, be for ever after concluded and barred to have Execution of the with the Debts, r Lands and Goods of fuch Perfon fo dying :' V'>n. ^. "• 37« I * II. And forafmuch as daily Experience doth manifeft, that divers Perfons of Sufficiency in Real f and Perfonal Eftate, minding to deceive others of their juft Debts for which they ftood charged in (' Execution, have obftinately and wilfully chofen raiher to live and die in Prifon than to make any r Satisfadlion according to their Abilities :' To prevent which Deceit, and for the Avoiding of fuch poubts and Quefti ons- hereafter ; (2) Be it declared, explained and enadted by the King's moft excel- lent Majefty, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament af- fembledj
 * of tliree Years ftanding at the Bar of one of the four Inns of Court, that is or fliall be Steward, Under- ^es"&c"and''^"
 * (hall not be Utter-Barrifters of fuch ftanding as is aforefaid, and there prefent, in which fuch Adlions, cro"ear' n^^'