Page:Ruffhead - The Statutes at Large - vol 3.djvu/263

 A. D: i66i. Anno tertio decimo Caroli 11. Stat. II. C. 2. 215 Grant, Defignation or Nomination of the Lord Mayor and Court of Aldermen of the faid City here- yantiar Prov^- tofore refpedtively made 9r granted to him or them before the Times of the late Wars, for or in refpcdt cLl'Iratiom of fuch Grant, Defignation or Nomination only j any Thing in this A61: to the contrary notwithftanding. id»^i""c.'6. and II Cm, If CAP. II. "' I An A£t for Prevention of Vexations and Oppreffions by Arrefts, and of Delays in Suits I ■ of Law. ' TT/ HERE AS by the ancient and fundamental Laws of this Realm, in Cafe wher-e any Perfon is xkeancient • VV fufi'i? impleaded or arrefted by any Writ, Bill or Procefs iffuing out of any of his Majefly's Courts fundamental ' of Record at JVefiminJler^ in any Common Plea, at the Suit of any common Perfon, the true Caufe ^^^^^'°'^^^^' '•of Action ought to be fet forth and particularly expreffed in fuch Writ, Bill or Procefs, whereby the 'Jlfon'suks, a • Defendant may have certain Knowledge of the Caufe of the Suit, and the Officer who fhall execute exprefs the true ' fuch Writ, Bill or Procefs, may know how to take Security for the Appearance of the Defendant to jn^^ffe p^^'^ji" • the fame, and the Sureties for fuch Appearances may rightly underfland for what Caufethey become en- ' '""^^ '' ' now laft part very many of his Majelty's good Subjecffs have been arretted upon general Writs of Tref- ' pafs, ^lare dcaifumfrent^ Bills of Middlcfex, Latitats, and other like Writs iffued out of the Courts < of King's Bench and Common Pleas, not expreffing any particular or certain Caufe of Action, and < thereupon kept Prifoners for a long Time for want of Bail, Bonds with Sureties for Appearances hav- ' ing been demanded in fo great Sums, that few or none have dared to be Security for the Appearances ' of fuch Perfons fo arrefted and imprifoned, although in Truth there hath been little or no Caufe of ' Action ; (3) and oftentimes there are no fuch Perfons who are named Plaintiffs, but thofe Arrefts have ' been many Times procured by malicious Perfons, to vex and opprefs the Defendants, or to force from ' them unreafonable and unjuft Compofitions for obtaining their Liberty ; and by fuch evil Pradices many ' Men have been, and are daily undone, and deftroyed in their Eftates, without Pofhbility of having ' Reparation, theAcftors employed in fuch Pradfices having been (for the moft Part) poor and lurking ' Perfons, and their Adlings fo fecret, that it hath been found very difficult to make true Difcoveries or ,' Proof thereof:' I II. For Remedy and Prevention of which fo great growing Evils and Mifchiefs, and alfo for difcou- perfons arreftet} iraging all frivolous and unjuft Suits, and caufelefs Arrefts for the future ; (2) be it enacTted by the King's by Procefsout , mofl Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and T'eixiporal, and S*^ "^^ '^'9?'* . iComm.ons, in this prefent Parliament affembled, and by the Authority of the fame. That from and after nwn pieas,°pot the twelfth Day of February in the Year of our Lord one thoufand fix hundred fixty and one, no Perfon expreffing 'the lor Perfons who fliall happen to be arrefted by an^ Sheriff, Under-Shenft; Coroner, Steward, or Bailiff J|"^;;Jp^°fAawn, ! of any Franchife or Liberty, or by any other Officer, Minifler, Under-BailifT, or other Pedbn or Pe^-and'felatiber- ! fons whatfoever, within this Realm, having or pretending to have Authority or Warrant in that Behalf, ty, upon their !of the King's Bench and Common Pleas, or either of them, in which faid Writ, Bill or Procefs, the '' - ' ! Certainty and true Caufe of Action is not expreffed particularly, and for which the Defendant or Defen- iidants in fuch Writ, Bill or Procefs named, is and are Bailable by the Statute in that Behalf made in the ,- jj. «, c, 9, (three and twentieth Year of the Reign of the late King Henry the Sixth, fhall be forced or compelled ito give Security, or to enter Into Bond with Sureties, for the Appearances of fuch Perfon or Perfons fo jarrefled, at the Day and Place in the faid Writ, Bill or Procefs fpecified or contained, in any Penalty or (Sum or Sums of Money, exceeding the Sum of forty Pounds of lawful Money of England, to be condi- itioned for fuch Appearances; (3) and that all Sheriffs and other Officers and Minifters aforefaid flialj let ito Bail and deliver out of Prifon, and from their and every of the^r Cuilodies refpedtively, all and every iPerfon and Perfons vvrhatfoever, by them or any of them arrefted upon any fuch Writ, Bill or Procefs', jwherein the Certainty and true Caufe of Adtion is not particularly expreffed, upon Security in the Sum i of forty Pounds and no m.ore, given for Appearance of fuch Perfon or Perfons fo arrefted unto the faid j Sheriff or Officer aforefaid, according to the faid Statute in the faid three and twentieth Year of the Reign of the faid late King Henry the Sixth in that Behalf made and provided. j III. And be it further enadted by the Authority aforefaid. That upon Appearance to be entred in the iTerm wherein fuch Writ, Bill or Procefs is returnable, with the refpee^ive Officer in that Behalf, for '.the faid Perfon or Perfons, by Attorney or Attornies in the faid refpedtive Courts from whence t!)e faid ■iWrit, Bill or Procefs iffued, unto fuch Writ, Bill or Procefs, the Bond or Bonds fo given for Appear- iance thereunto, be and are hereby fatisfied and difcharged ; (2) and that after fuch Appearance fo en- Bonds (given itred, no Amerciaments be fet or eftreated upon or againft any Sheriff or other Officer aforefaid, or any for) difchargfd j other Perfon whatfoeve", concerning the want of fuch Appearance 5(3) and unlefs the Plaintiff or Plain- '^P°° App'ar. stiffs in any fuch Writ, Bill or Procefs named, fhall put into the Court from whence fuch Writ, Bill or*" Procefs did iffue, his or their Bill or Declaration againft tlie Perfon or Perfons fo arrefted, in fome per- Nonfuitfor I fonal Adlion, or Ejeiiione finms of Lands or Tenements, before the End of the Term next following Want of. a De- after Appearance, that then a Nonfuit for want of a Declaration may be entred againft the faid Plaintiff '='j'"'j|^^^*j'°^® 'or Plaintiffs in thefaid Courts refpedtively; (4.) and that every Defendant in every fuch Writ, Bill or next Term after ' Procefs named, fhall or may have Judgment to recover Cofts againil every fuch Pkintiff or Plaintiffs, to Appearance, and be affeffed, taxed and levied in fuch Manner, and according as i is provided by the Statute for Cofts, ^"ft^s'^Ja'r.ft^fhe made in the three and twentieth Year of the Reign of the late King Henry the Eighth ; any former or pi°aintift; ' ' other 13 H, 8, c, 15.
 * 'gaged ; (2) and whereas there is a great Complaint of the People of this Realm, that for divers Years
 * by Force or Colour of any Writ, Bill, or Procefs iffuing or to be iflaing out of his Majefty's faid Courts ^''"^"'Kce'^"'