Page:Ruffhead - The Statutes at Large - vol 3.djvu/555

 A. D. 1692. Anno quarto Gulielmi & Marine. C. 4. 507 CAP. IV. An A(fl for taking Special Bails in the Country upon A(5tions and Suits depending In the Courts of King's Bench, Cominon Pleas., &nd Exchequer at Wejlminfter. FOR the greater EaD and Benefit of all Perfons whatfoevcr, in taking the Recognizances of fpeclal Bails upon all AiSions and Suits depending, or to be dcpendins^ in any of the Courts of King's Brtich, ■Common Pleas, or Exchequer at JV^IlminJhr ; Be it cnaded by the King's and Queen's moft Excellent Ma- jcfties, by and with the Advice and Confent of the Lords Sjiiritual and Temporal, and Commons, in this present Parliament affembled, and by the Authority of the fame, That the chief Juftice and other the Ju- Chief ju(i;c=, ftices of the Court of King's Bench for the Time being, or any two of them, whereof the chief JuRice for^^"^; v'Jfm'^'^
 * {he Time being to be one for the faid Court of King's Bench, and the chief Juftice of the Court of Coin- cxJein AttoJnies

man Pleas and other the Juflices there for the Time being, or any two of them, whereof the chief Juftice and Soiicirors, of the fame Court to be one for the faid Court of Common Pleas, and alfo the chief Baron and B.Tons of Commjirioncrs Jthe Quoif of the Court of Exchequer for the Time being, or any two of them whereof the chief Baron'? ''^"^ ^"^ '" jfor the Time being to be one for the faid Court of Exchequer, fhall or may, by one or more CommiOion '""^ ^"""y- pr Commiflions under the feveral Seals of the faid refpeftive Courts, from Time to Time, as n&ed fhall [require, impower fuch and fo many Perfons, other than common Attornies and Solicitors, as they fhall think fit and neceffary, in all and every the feveral Shires and Counties within the Kingdom oi Englana, Do- ininion oi Jf^ales, and Town of Berzvick upon Tweed, to take and receive all and every fuch Recognizance Juftice-., i.-. '<> 'or Recognizances of Bail or Bails, as any Perfon or Perfons (hall be willing or defirous to acknowledge or "^^^c've tj.c B^ii-- jinake before any of the Perfons fo impowered, in any Aftion or Suit depending or hereafter to be depending ^j"^'j"p°" .'^'■' in the faid refpeftive Courts, or any of them, in fuch Manner and Form, and by fuch Recognizance or Execution. Bail-piece, as the Juftices and Barons of the faid refpedlive Courts have ufed to take the fame ; which faid Recognizance or Recognizances or Bail, or Bail-piece, fo taken as aforefaid, fhall be tranfmitted to fome pr one of the Juftices or Barons of the faid refpeitive Courts where fuch Aftion or Suit fhall be depending, who, upon Affidavit made of the due taking of the Recognizance of fuch Bail or Bail-piece by fome cre- dible Perfon prefent at the taking thereof, fuch Juftice or Baron fhall receive the fame, upon Payment of fuch Fees as have been ufually received for the taking of fpecial Bails by the Juftices and Barons Clerks, ^nd other the Officers of the faid refpedive Courts ; which Recognizance of Bail or Bail-piece, fo taken ^^i' f^kcn b-- 'and t.anfmitted, fhall be of the like Efteit as if the fame were taken de bene ejji before any of the faid '""' *° ''^. *■" Juftices and Barons ; for the taking of every which Recognizance or Recognizances of Bail or Bail-piece, commtmoncra the Perfon or Perfons fo impowered fhall receive only the Sum or Fee of two Shillings, and no more. Fee. I 11. And be it further enacted by the Authority aforefaid, That the Juftices and Barons refpcftively in Power given t« the feveral Courts fhall make fuch Rules and Orders for the juftifying_ of fuch Bails, and making of the J"'*'"^' ^'^- }" ,ame abfolute, as to them fhall feem meet, fo as the Cognizor or Cognizors of fuch Bail or Bails be notj^j^lf 1^""^'°'' compelled to appear in Perfon in any of the faid Courts, to juftify him or themfelves, but the fame may not to order "he who are hereby impowered and required to take the fame, and alfo to examine the Sureties upon Oath, pearance. ouching the Value of their refpedive Eftates, unlefs the Cognizor or Cognizors of fuch Bail do live jr^j""' ^'^• vithin the Cities of London and JVefiminJier, or within ten Miles thereof. j III. And be it further enafted by the Authority aforefaid. That any Judge of Affize in his Circuit fhall .T"ft'"s o,'":Ai.. pd may take and receive all and every fuch Recognizance and Recognizances of Bail or Bails as any Per- q'^,'"'^ '^"'■° fbn (hall be willing and defirous to make and acknowledge before him, which being tranfmitted in like "'" inanner as aforefaid, fhall (without Oath) be received in manner as aforefaid, upon Payment of the iifual ^ees. IV. And be it further enafted by the Authority aforefaid. That any Perfon or Perfons who fhall before Felony for r-iiy my Perfon or Perfons impowered by virtue of this A6t, as aforefaid, to take Bail or Bails, reprefenf or Pi^yfo"* lo b:; >erfonate any other Perfon or Perfons, whereby the Perfon or Perfons fo reprefented and perfonated may?r'.'"^""!'J" )e liable to the Fayment of any Sum or Sums of Money for Debt or Damages to be recovered in the fame jj^?^^ i """ l.p 5uit or Aftion, wherein fuch Perfon or Perfons are reprefented and perfonated, as if they had really ac-" ^' cnowledged and entred into the fame, being lawfully conviiSed thereof, fhall be adjudged, efteemed, and aken to >i Felons, and fufFer the Pains of Death, and incur fuch Forfeitures and Penalties as Fel.ons i ither Cafes convided or attainted do by the Law of England lofe and forfeit. 3 T a '. C A P,
 * and is hereby diredled to be determined by Affidavit or Affidavits duly taken before the faid Commiffioners, Perfon's Ap-