Page:Ruffhead - The Statutes at Large - vol 3.djvu/264

 2i6 C. 2. Anno decimo tertio Caroli II. Stat. 11. A. D. i66i. other AdV, Statute, Ordinance, Law, Cuftom, Order, Courfe or Ufage of either of the faid Courts, t** the contrary; thereof heretofore had, made, admitted or ufed in any wile notwithftanding. Arreftsupsn IV. Provided always, That this Ad, nor any Claufe or Thing herein before fpecified or contained, ( ea(<ia8 UcUga- (hall not extend, nor be conftrued or taken to extend, unto any Arrefts hereafter to be made upon or by I me^ts upon*^ Virtue of any Writ of Capias Vtlagatum, Attachment upon Refcous, or Attachment upon any Contempt, i Refcous, Con, or of any Attachment of Privilege at the Suit of any privileged Perfon, or of any other Attachment for i wmpts, and of ConteiTipt whatfoever, iffuing or to be ifluing out of either of the laid Courts, although there be no par- cepte?*' *''' ticular Certainty of the Caufe of Acftion exprefled or contained in the faid Writs ; ( 2 ) but that nevertheleli no Sheriff nor Under- Sheriff, norany of the Officers or Minifters aforefaid, Ihall difcharge any Perfon or Perfons taken upon any Writ of Capias Utlagatum out of Cuftody, without a lawful Superjedeas firft had and 1, received for the fame : (3) And that upon the faid Writs of Attachment, fuch lawful Courfe be taken for.| Security for appearance therein as hath been heretofore ufed j any Thing herein before expreffed to the I contrary thereof in any wife notwithftanding. _ > ' V. And whereas many Perfons out of ill Intent to delay their Creditors from recovering their juft l ' Debts, continue Prifoners in the Fleet., who cannot be proceeded againft in fuch Manner as they might How Perfons againft fuch Prifoners, (zj be it further enadted by the Authority aforefaid. That every Perfon or Perfons Aaionmav**ro^^''^ °^^^'^? who now hath or have, or which at any Time hereafter Ihall have, Caufe of any perfonal ceed agS Pril Atftion againft any Perfon being a Prifoner in the Prifon of the Fleet, may fue forth an Original Writ upon ftners in Che his or their Caufe of Action ; and that a Writ of Habeas Corpus be granted to every fuch Perfon or Perfons, being Plaintiff or Plaintiffs, defiring the fame, to be direfted to the Warden of the fame Prifon, to have the Body of fuch Prifoner before the Juftices of the Common Pleas, at fome certain Day in any Term, ; to anfwer the faid Plaintiff or Plaintiffs upon his or their faid Caufe of A6tion ; and that if the faid Plain- tiff or Plaintiffs at the faid Day, put into the faid Court liis or their Declaration, according to the faid Ori- final Writ, againft the faid Prifoner being prefent at the Bar, the faid Prifoner fliall be bound to appear in erfon, or to put in an Attorney to appear for him in the faid Adion; (3) and unlefs the faid Defendant J.*^,? '*^" '^ '^* plead upon a Rule given, to be out at eight Days attheleaft after fuch Appearance, Judgment by NiUl SSfoV.3. f.27. dicit may be entred againft fuch Defendant as appearing in Perfon, which fliall be good and effechjal i r& izir. 3. Law : (4) And fuch Charge in Court by Declarations, fignified by Rule unto the faid Warden, fhall bd. a good Caufe of Detention of fuch Prifoner in his Cuftody, from which he ftiallnot be difcharged without a lawful Superjedeas or Rule of Court: (^) And if the faid Warden Ihall do otherwife, he Ihall be re- fponfible to the Court, and to the Party grieved, for Damages, by Adtion upon the Cafe to be brought againft him for difcharging fuch Prifoner. 17 Geo. 1. c. 3. fif 17 ©■ 3Z Geo. z, (. z8. ' VI. And whereas very many Suits commenced by Original Writs have been protra(5led and long de- ' layed from Judgment and Execution, by reafon of the N eceffity of having fifteen Days at the leaft be- ' tween the Da^js of the Tejle and the Days of Return of Writs now ufed in perfonal A(£tions, and alfo in ^^^ . „.,„ * Actions of Ejeiiione frma., for Lands and Tenements :' (2) For Remedy thereof, and for the more remediedin Ac- eafy expediting Trials, and the better and more fpeedy executing of Judgments for the Time to come, tiont perfonal. (3) be it further enaded bv the Authority aforefaid. That in all Adions ot Debt, and all other perfonal Ejeftione firms. Adions whatfoever, and alfo in all Adions of Ejeiiione firma for Lands or Tenements now depending, or which at any Time hereafter (hall be depending, by Original Writ, in either of his Majefty's Courts aforefaid, after any Iffue therein joined to be tried by a Jury, and alfo afterany Judgment had oi- obtained, Venire bclas *"" ^^ ^^ '^^^ ° obtained, in either of the Courts aforefaid, in any fuch Action as aforefaid, there (hall not Habeas corpora need to be fifteen Days between the TeJle Day and the Day of Return of any Writ or Writs of Venire if ft **'^' < I ffC'^St Habeas corpora Juratorum, or Dijlringas Juratores, Writs of Fieri facias, or Writs of Capias adjhtis- tor.'fKri&tiK,/^"^'"^'^'" '■ (4) And that the want of fifteen Days between the Tejh Day and the Day of Return of any capiaa ad fatif-' fuch Writ, ftiall not be, nor (hall be affigned, taken or adjudged to be, any Matter or Caufe of Error j faciendum ; any Law, Cuftom, Statute, Courfe or Ufage to the contrary thereof in any wife notwithftanding. iTeth'afMr' Mk- ^^^" Pov'yhereon a Writ of Exigent after Judgmeht is to be awarded, nor to Capias ad fatisfaciendum againft the Defendant in order to m^ke any Bail liable, but that the fame continue and be as if this Act had never been marie. ' VIII. And whereas by an Ad of Parliament made in the third Year of the Reign of our late:Sovereigp ' Lord King "James of bleffed Memory, a verv good Law was made for avoiding unnccefjary J)elays of 1 ' Execution, whereby it is enaded, That no Lxecution fliall be ftayed or delayed upon or by any Writ ' Adion or Bill of Debt, upon any fingle Bond for Debt, or upon any Obligation with Condition for 1 Payment of Money only, or upon any Adion or Bill of Debt for Rent,^or upon any Contracl fued in ■or I fuch ient I ,, ., „ „ - . - - "ore fuch Stay made, or Superjedeas to be awarded, be bound to the Party for whom any fuch Judgment was or fliouid be given, by Recognizance to be acknowledged in the lame Court in double the Sum adjudged to be recovered by the faid former Judgment, to profccute the faid Writ of Error with Effed, and alfo ■ to fatisfy and pay (if the faid Judgment (hall be affirmed) all and lingular the Debts, Damagesand Ct.iJs adjudged or to be adjudged upon the former Judgment, and all Cofts and Damages to be alfo awarded ■ for the fame delaying ot Execution ; which Law hath been found by Experience to be very oood and ■ ' beneficial Fleet. Fartbir Prsvi- Jioni relating to Prifoners, 19 Car. %. c. 4, II £f 13 Car, I c, 10. IV. I. '.19. lAnn, St. z. f. 6. 5 Ann c. 9. »C«. 1. c. z8. XI Geo. I.e. %z, II GiO.l. C.iO. j6 Geo. z.e, 31. Delays in Suits by Reafon of i j Days between theTefteand ReturnofWrits, make the Bail appear, ex- cepted. 3 Jac. I. c. S. touching Aiying HXccutionihy Supciftfdeas ur Wriu of Error, and in what .ACr t'ons it rrty be ftayed.
 * be, if they were at large :' Now for the better Enabling all Perfons to recover their juft Debts and Demands I
 * of Error or Superfedeas thereupon to be fued for the Reverfing of any Judgment to be given in any