Page:Ruffhead - The Statutes at Large - vol 3.djvu/575

 A.D. 1692. Anno quarto & quinto GuLiELMi 8c Mari^. C.;2r. 527 Titles and Additions, Debt and Damages, in all Things as aforeraid ; and alfo that the faid refpciStive Officers and Clerks of the faid refpedive Courts (hall likewife, before the laft Day of the Term of Saint Hilarf which fhall be in the Year of our Lord one thoufand fix hundred ninety and three, and fo in every ///toy'Term after, make, or caufe to be made, the like Dogget, containing all fuch Judgments in the faid refpedive Courts, of the Term of Saint Michael then la(t ^fl:, with the Names of the Plaintifts and Defendants, Titles and Additions, Debts and Damages, in all Things as aforefaid ; an. J that the faid re- fpeftive Doggets (hall be fairly put into and kept in Books in Parchment in the refpedtive Offices of the refpeftive Officers before named, to be fearched and viewed by all Perfons at all reafonable Times, paying to the refpeifiive Officers, in whofe Keeping the faid Books refpe6tively (hall be, for every Term's Search for Judgments againft any one Perfon, four Pence, and no more ; upon Pain that every Clerk of Eflbins oi^'"^ fo' Scarth, {CiZ Court oi Common Pleas, Clerk of the Doggets of the ^/?;/i ^i'wc/?, and Matter of the Office of Picas in the Court of Exchequer, Clerks of the Judgments, and every Clerk before mentioned refpedlivcly, (hall, for every Term, in which he fhall omit or negledt to do his Duty in the Premifl'es, forfeit the Sum of one . hundred Pounds; the one Moiety to the Party or Parties aggrieved, and the other Moiety to him or themPenalty. . who {hall fue for the fame in any of their Majeflies Courts of Record zx.WeJhinnJhr, wherein no Privilege, or Effoin, or Protedlion of Law, (hall be admitted, nor any more than one Imparlance. 1 III. And be it further enafted by the Authority aforefaid. That no Judgment, not doggettcd and entred>'lg"'cnts not' tin the Books as aforefaid, (hall afiecl any Lands or Tenements as to Purchafers or Mortgagees, or have''°iiS'^"^^ *^" 'any Preference againft Heirs, ExecutorSj or Adminiftrators, in their Adminiftration of their Anceftors,"hare,s' jtc"'" Teftators, or Inteftates Eftates. ' IV. And whereas the Clerks of the Judgments of the faid refpeftive Courts are to be at great ChargeFeeto the Clerk; aforefaid. That hereafter there fliall be paid by the Plaintiff or Plaintiffs in every of the faid Judgments'"'"'^" iupon Verdi(St:s, Writs of Enquiry, Demurrer, and every other Judgment by them refpedtively to be entred, over and above the Fees now due for the fame, the Sum of four Pence, and no more. V. Provided always, and be it enacted by the Authority aforefaid, That this A£l (liall continue and beAfl to continua ! in Force for one Year, from the five and twentieth Day of March one thoufand fix hundred ninety and"'"^ ^*''■■■ three, and from thence to the End of the next Seffion of Parliament, and no longer. [Coutioued .a Year, iionger by 6 & 7 W. 3. cap. 14. and made perpetual by 7 & 8 W. 3. cap. 36. fed. 3.;]/ . C A P. XXL An Aft for delivering Declarations to Prifoners. !*:^'T THEREAS by the Courfe of Pra<3ice in the refpeftive Courts of Record at JVeflminfter, after ths ♦• .'VV Plaintiff or- Plaintiffs,, in any Writ iffued out of any of the faid Courts, have been at great Charge. ,*■ to arreft the Defendant or Defendants npon fuch Writ, and the Defendant dr Defendants, for want of ' j' fufficient Bail, are often committed to Gaol, and unlels the Plaintiff or Plaintiffs (halJ, .before the End of 1' two Tenns, next after fuch Arre(t, caufe fuch Defendant or Defendants, by Writ oi Habeas Corpus, to !'• be removed, to be charged in the faid refpedive Courts with Declarations of the Caufe of fuch Action or i*- Actions, fuch Prifoner or Prifoners are upon a common Bail or Appearance by Attorney:difcharged from.. !*• their Imprifonment, to the great Prejudice of the Plaintiffs ;' For Remedy. whereof, ! II,. Be it enaded by the King's and Queen's mo(t Excellent Majefties, by and with . the ; Advice and 14 ^'^ j^^- iConfent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament a(rembled,|3 E'- '■ »• and by the Authority of the fame. That if now, or at any Time after the five and twentieth Day oi March l' ^^' ^] ^^^ one thoufand fix hundred ninety and three, any Defendant or Defendants be taken or charged ;irt;Cu(lodyprifonei- in .at the Suit of Jmy Perfon or Perfons, upon any Writ or Writs out of any of the faid Courts z.tJVe/lminJfer,Cy^Aoi)- how and imprifoned or detained in Prifon for Want of Sureties for their Appearance to the fame,- the PJaintiff^'^^E';''' !©r Plaintiffs, in fiich Writ or Writs, (liall and may, by virtue of this Ad, before the End:of the next^ Term after fuch Writ or Froeefs (hall be returnable, declare againft fuch Prifoner or Prifoners in the r&-.. ■fpediye Court or Courts out of which the Writ or Writs fhall iffue, whereupon- the faid Prifoner or Prifoners, - (liall he. taken and imprifoned or charged in Cuftody, and fhall or may caufe a true Copy thereof to be deli- 1 Sallv::98i . ' ivered to fuch Prifoner or Prifoners, or to the Gaoler.or Keeper of. the Prifon, or Gaoler in whofe Ciiftody 'fuch Prifoner (hall be or remain : To which .Declaration or Declarations the faid Prifoner or Prifoners {hall appear and plead; and if fuch Prifoner or, Prifoners (hall not appear and plead to theTahie, .the Plaintiff or Plaintiffs in fuch Cafes fliall have Judgment in fuch Manner as if the Prifoner or. Prifoners.. !had appeared in the faid refpedive Courts, and rtfufed to anfwer or plead to fuch Declaration., ; -j •;.», III. And be it further enacted by the Authority aforefaid. That in all Declarations againft, any Prifoner In theKji^'a 1 iof Prifoners detained in Prifon by -virtue of any AVrit or Proctfs iffued or to.be iffued out of the Court of^^"'^'^ Deda- ■ King's Bench, it (hall be alledged, in Cuftody of what Sheriff, B.ailiff, or Steward of any Franchife, or)^'^" ';;;f^^^- ether Perfon having the Return and Execution of, Writs, fuch , Prifoner , or Prifoners (hall be at the',"ch TsKerifF, ; iTime of fuch Declaration ', by virtue of the Procefs of the faid Court at the Suit of the Plaintiffs : &-c. , jWhich Allegation (hall be as good and effedual taall Intents and Purpofes, as if fuch,Prifoner:Or Prifoners Carthew 469. iwere in the Cuftody of the Mdsih?A ,oi tbs MarJLalfea oi our, fovereign Lord and La,dy5 the King and ^^^^^^J^^^'^T ■Queen. ' ' "' prifl^s,"&l s : fefgW.j.c.zy, II fcf 12 J^. 3. f. 19. I wto< j*af.,a. r. 6., 5 ^Bflf f. 9. 9 (?«, X. f. a8, llCeo, J, c.iz, 11 Geo. x.,U20,j. 16 Geo. 2. t. 5J>. a? Ceo, s. c. 3 & 17. aid 31 Geo, j, c,.3.it , G,„A-.P.'.
 * and Trouble in the Execution of this A<5T: ;' For Recompence whereof be it ena£led by the Authority "'^ ''"^ J ""^S"