Page:Ruffhead - The Statutes at Large - vol 4.djvu/259

 A.D.I yo^: Anno quarto An n^ Regin^. C. i6. 207 XIII. And be it further enafled by the Authority aforefaid, That if at any Time, pcndinE^ an Aflion Principal and upon any fuch Bond with a Penalty, the Defendant {hall bring into the Court where the A6lion fhall be ^J^^''' ^°" ^ depending, all the Principal Money, and Intereft due on fuch Bond, and alfo all fuch Cofts as have been qI"^^^ ^&c.'" ■expended in any Suit or Suits in Law or Equity upon fuch Bond, the faid Money fo brought in fhall be Court' may dif- deemed and taken to be in full Satisfaiftion and Difcharge of the faid Bond, and the Court Ihall and may charge Defen- give Judgment to difcharge every fuch Defendant of and from the fame accordingly. ^""• ' XIV. And whereas by an Aft of Parliament made in the twenty-ninth Year of King Charles the Nuncupative ' Second, intituled, Jn Ji^ for Prevention of Frauds and Perjttries, it is enacSled, That no Nuncupative Wills. ' Will fhall be good, where the Eftate thereby bequeathed fhall exceed the Value of thirty Pounds, that ^9 Car. 2. c. j. it is hereby declared. That all fuch WitnefTes as are and ought to be allowed to be good WitnefTes upon Trials at Law, by the Laws and Cufloms of this Realm, fnall be deemed good WitnelTes to prove any Nuncupative Will, or any thing relating thereunto. ' XV. And whereas it hath been doubted, whether fmce the making of the faid laft mentioned A£t of Declarations of ' Recoveries manifelted by Deed made after the levying or fuffering of fuch Fines or Recoveries, are good ^'."^^ °'' ^°" ' and efFeftual in Law;' It is hereby declared. That all Declarations, or Creations of Ufes, Trufl:s, or Confidences, of any Fines or Common Recoveries of any Lands, Tenements, or Hereditaments, mani- fefled and proved, or which hereafter fhall be manifefted and proved, by any Deed already made, or here- 29 Car. 2. c. 3. after to be made, by the Party who is by Law enabled to declare iuch Ufes or Trufts, after the levying or fuffering of any fuch Fines or Recoveries, are and fhall be as good and efFedtual in the Law, as if the faid laft mentioned Aft had not been made XVL And be it further enafted by the Authority aforefaid. That from and after the faid firft Day of No Claim or of Trinity Term, no Claim or Entry to be made of or upon any Lands, Tenements or Hereditaments, ^""V '° •'^ °^ ftiall be of any Force or EfFeft to avoid any Fine levied or to be levied with Proclamations, according to F°nrievied with the Form of the Statute in that Cafe made and provided in the Queen's Court of Common Picas at Ivc/i- Proclamations, min/ier, or in the Courts of Seffions in any of the Counties Palatine, or in Courts of Grand Seffions &c. unlefs an in IVales, of any Lands, Tenements or Hereditaments, or fhall be a fufficient Entry or Claim within the Aflion be com- Statute made in the twenty-firft Year of King James the Firft, intituled. An Aa for Limitation of Anions, minced in one end for avoiding of Suits in Law, unlefs upon fuch Entry or Claim, an Aftion fhall be commenced within EntrVrnade."'^ one Year next after the making of fuch Entry or Claim, and profecuted with Eifecl. 21 jac. i. c. 16. XVII. And be it further ena£led by the Authority aforefaid. That all Suits and Aflions in the Court Seamens Wages. of Admiralty for Seamens Wages, which fhall become due after the faid firft Day of Trinity Term, fhall be commenced and fued within fix Years next after the Caufe of fuch Suits or Aftions fhall accrue, and not after. XVIII. Provided neverthelefs, and be it further enafted. That if any Perfon or Pcrfons, who is or Provifo in cafe ihall be intitled to any fuch Suit or Aftion for Seamens Wages, be or fhall be, at the Time of any fuch of Nonage, Caufe of Suit or Aftion accrued, fallen or come, within the Age of twenty-one Years, Feme Covert, FcmeCovtrt, or Non compos mentis, imprifoned, or beyond the Seas, that then fuch Perfon or Perfons fhall be at Liberty me^t""^"^ to bring the fame Aftions, fo as they take the fame within fix Years next after their coming" to, or being ' '^' of full Age, Difcqvert, of fane Memory, at large, and returned from beyond the Seas. XIX. And be it further enafted by the Authority aforefaid. That if any Perfon or Perfons, againft Aflion againft whom there is or fhall be any fuch Caufe of Suit or Action for Seamens Wages, or againft whom there P=if<=ns gone fhall be a)iy Caufe of Aftion of Trefpafs, Detinue, Actions Sur Trover, or Replevin for taking away ma°"bt br^u^T' Goods or Cattle, or of Aftion of Account, or upon the Cafe, or of Debt grounded upon any Lending ^ilj thei'r°Re-' or Contraft without Specialty, of Debt for Arrearages of Rent, or AfTauIt, Menace, Battery, Wound- turn. ing and Imprifonment, or any of them, be or fhall be, at the Time of any fuch Caufe of Suit or A<?tion given or accrued, fallen, or come, beyond the Seas; that then fuch Perfon or Perfons, who is or fhall be Provifo. intitled to any fuch Suit or Adion, fhall be at Liberty to bring the faid Aftions againft fuch Perfon and Perfons, after their Return from beyond the Seas, fo as they take the fame after their Return from be- yond the Seas, within fuch Times as are refpeftively limited for the bringing of the faid Actions before by this Aft, and by the faid other Aft made in the one and twentieth Year of the Reign of King 21 jac. i. c. 16. James the Firft. XX. And be it enafted by the Authority aforefaid, That if any Perfon or Perfons fliall be arretted b^i] b^^j (^f^^^ from and after the faid_ firft Day of Trinity Term, by any Writ, Bill, or Procefs, ilTuing out of any of by Sheriff, &c, jier Majefty's Courts of Record at fFefminfler, at the Suit of any common Perfon, and the Sherift' or may be affigned other Officer taketh Bail from fuch Perfon, againft v/hom fuch Writ, Bill, or Procefs is taken out, the toPlaintirf. SheriiF or other Officer at the Requeft and Cofts of the Plaintiff in fuch Aftion or Suit, or his lawful Attorney, fhall affign to the Plaintiff in fuch Aftion the Bail Bond, or other Security taken from fuch Bail, by endorfing the fame, and attefting it under his Hand and Seal in the Prefence of two or more credible Witneffes, which may be done without any Stamp ; provided the Affignment fo endorfed be duly Provifo. ftampt before any Aftion be brought thereupon ; and if the faid Bail Bond or Afilgnment, or other Se- curity taken for Bail be forfeited, the Plaintiff in fuch Aftion, after fuch Aflignment made, may bring an Aftion and Suit thereupon in his own Name, and the Court where the Aftion is brought, may by Rule or Rules of the fame Court, give fuch Relief to the PlaintifF and Defendant in the original Aftion, and to the Bail, upon the faid Bond or other Security taken from fuch Bail, as is agreeable to Juftice and Reafon, and that fuch Rule or Rules of the faid Court fhall have the Nature and Effeft of a Defeazance to fuch Bail Bond, or other Security for Bail, XXI, And
 * is not proved by the Oaths of three WitnefTes, at the leafl, that were prefent at the making thereof;'
 * Parliament, the Declarations or Creations of Ufes, Trufts, or Confidences, of any Fines or Common ufes,Trufis,&o.