Page:Ruffhead - The Statutes at Large - vol 3.djvu/698

 642 C. II. Anno odlavo & nono G u L I E L M I III, A.D. 1697. hereby enabled by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Bpforo 1 Nov. Spiritual and Temporal, and Commons, in Parliament affembled, and by Authority of the fame, That it ? -Ties' m'lv bs ^^^" ^" "^y ^^ lawful at any Time before the firft Day of November, which fhall be in the Year of our rc-turnedas foi'- Lord one thoufand fix hundred ninety-feven, for all Sheriffs or Coroners of Counties and Places where fuch mciiy. Lifts have not been returned purfuant to the Direftion of the faid AcS, to make Returns of Jurors in all Cafes whatfoever, in the fame Manner as they might have done before the making of the faid Act ; any After Michael- thing in the faid Aft to the contrary notwithftanding. And to the end the faid A6t may be duly put in »in5 Juftices re- Execution from and after the Feaft of Saint Michael, which fliall be in the Year of our Lord one thoufand c.uiiedto-iffue ^j^ hundred ninety-feven, all Juftices of the Peace are hereby required and commanded, at their refpeclive 'eaHv "'''" SefTions of the Peace that fliall be holden next before the Feaft of Saint Michael yezrly and every Year, to yeary. jfTue forth Precepts to the refpeftive Conftables within their refpeftive Counties or Divifions, thereby re- quiring them and every of them to make fuch Return of Perfons to ferve upon Juries, as by the faid A6t is directed. CAP. XI. An A& for the better preventing frivolous and vexatious Suits. ' O R Relief of His Majefty's good Subjefts againft caufelefs and unjuft Suits, and for the better enabling _ them to recover their juft Rights ; Be it enadted by the King's niofi Excellent Majefty, by and with the 1 ?; 8 r ic Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament af- Whcrc rCTcral' fembled, and by the Authority of the fame. That from and after the five and twentieth Day o{ March, Pcrf.)])s are Di!- which fliall be in the Year of our Lord one thoufand fix^hundred ninety and feven, where feveral Perfons fendjnts to any Ihall be made Defendants to any Adion or Plaint of Trefpafs, Affault, falfe Imprifonment, or Ejeiiione F ■were acquitted, under his Hand, that there was a reafonable Caufe for the making fuch Perfon or Perfons a Defendant or Defendants to fuch A6tion or Plaint. I any from and after the faid five and twentieth Day of March, any Perfon or Perfons fhall commence or profe- cute in any Court of Record, any Action, Plaint or Suit, wherein upon any Demurrer, either by Plaintiff or Defendant, Demandant or Tenant, Judgment fhall be given by the Court againft fuch Plaintiff or De- Defendant on mandant, or if at any Time after Judgment given for the Defendant in any fuch Aftion, Plaint or Suity Judgment given the Plaintiff' or Demandant fhall fue any Writ or Writs of Error to annul the faid Judgment, and the tor him, &c. to j-^;^ Judgment fliall be afterwards affirmed to be good, or the faid Writ of Error fhall be difcontinued, or Vsa™. iQ+r ^^^ Plaintiff fliall be nonfuit therein, the Defendant or Tenant in every fuch Aftion, Plaint, Suit or Writ Ld Raym.%'i. of Error, fliall have Judgment to recover his Cofts againft every fuch Plaintiff or Plaintiffs, Demandant or Demandants, and have Execution for the fame by Capias ad Jatisfaciendv.m, Fieri facias, or Elegit. Plaintiff obtain- IIL And be it further enafled by the Authority aforefaid,. That from and after the faid five and twentieth ing Judgment on Day oi March, in all Actions of Wafte, and A£tions of Debt upon the Statute for not fetting forth of Wafte ^""to '•'"ithes, wherein the fingle Value or Damage found, by the Jury fliall not exceed the Sum of twenty No- iccover Coils. blcs, and in all Suits upon any Writ or Wnis of Scire facias, and Suits upon Prohibitions, the Plaintiff obtaining Judgment, or any Award of Execution after Plea pleaded or Demurrer joined therein, fliall like- wife recover his Cofts of Suit; and if the Plaintiff fliall become nonfuit, or fuffer a Difcontinuance, or a Verdift fhall pafs againft him, the Defendant fhall recover his Cofts, and have Execution for the fame in . like Manner as aforefaid. Jf Defendant be IV. And for the preventing of wilful and malicious TrefpafTes, be it further enadfed, That in all AiSions p."?"^ .^a"' °f Trefpafs to be commenced or profecuted, from and after the faid five and twentieth Day of March one Co'lT'&c° "^ thoufand fix hundred ninety and feven, in any of His Majefty's Courts of Record at Weflmin'fter, wherein ' ' * at the Trial of the Caufe it fliall appear, and be certified by the Judge, under his Hand, upon the Back of the Record, that the Trefpafs upon which any Defendant fhall be found GuDty, was wilful and malicious, the Plaintiff fliall recover not only his Damages, but his full Cofts of Suit; any former Law to the contrary notwithftanding. Law againft V. Provided always, That nothing herein contained fliall be conftrued to alter the Laws in being as to Executors not Executors or AdminiftratorSj in fuch Cafes where they are not at prefent liable to the Payment of Cofts of to be altered. Suit. PiaintiiTorDe- VL And be it further enafted, That in all Adtions to be commenced in any Court of Record, from and frndant dying after the faid five and twentieth Day oi March one thoufand fix hundred ninety and feven, if any Ptaintiff hid" ment^ob- I'^PP^" 'o die after an interlocutory Judgment, and before a final Judgment obtained therein, the faid Ac- ^a'nlX'^Aaion tionlhall not abate by reafon thereof, if fuch Adtion might be originally profecuted or maintained by the •lotto'abate. Executors or Adminiftrators of fuch Plaintiff ; and if the Defendant die after fuch interlocutory Judgment and- before final Judgment therein obtained, the faid A6tion fhall not abate, if fuch Adtion might be ori- Plainiiff, &c. dnally profecuted or maintained againft the Executors or Adminiftrators of fuch Defendant^; and the s'r^xt""-'^* Plaintiff, or if he be dead after fuch interlocutory Judgment, his Executors or Adminiftrators, fhall and S^ififtDefindlnt. "^^^ ^"^*^ '^ Scire facias againft the Defendant, if liviiig, after fuch interlocutory Judgment, or if he died, at-
 * vifion fhall be made) he a Failure of Trials by Juries;' For Remedy whereof be it ena£led, and it is