Page:Ruffhead - The Statutes at Large - vol 5.djvu/628

 59° 'C. 29. Anno duodecimo Georg 11 Regis, A. D. 1725. nues under the Management of the Commiffioners of Excife, or inland Duties in Great Britain, fhall be fued for, levied and recovered or mitigated by fuch Ways, Means and Methods, as any Fine, Penalty and .Forfeiture is or maybe recovered or mitigated, by any Law or Laws relating to his Majefty's Revenues of Excife or any of them or by Action of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at Wejiminftcr or the Court of Exchequer at Edinburgh reflectively (except where it is otherwife pro- vided for by this Act) and all Forfeitures and Penalties by this Act impofed for any Offence which {hall be committed relating to any Part of his Majefty's Revenues under the Management of the Commiffioners of his Majefty's Cuftoms in Great Britain, fhall and may be recovered by Action of Debt, Bill, Plaint or In- formation, in any of his Majefty's Courts of Record at JVeJiminJler or the Court of Exchequer at Edinburgh refpectively; except where it is otherwife provided for by this Act; and that all Forfeitures and Penalties hereby impofed for any Offence which (hall be committed in the Kingdom of Ireland, contrary to this Act fhall be fued for, recovered and levied by fuch Ways, Means and Methods, as any Penalty or Forfeiture is or may be fued for or recovered by Virtue of any Law or Laws in Force in Ireland, relating to his Maje- fty's Revenue there; and one Moiety of all fuch Forfeitures and Penalties impofed by this Act, fhall be to his Majefty, his Heirs and Succefibrs, and the other Moiety thereof to him or them who fhall feize, in- form or Are for the fame, except in fuch Cafes where it is otherwife directed by this Act. XXXIV. And it is hereby enacted by the Authority aforefaid, That if any Perfon or Perfons (hail be. fued, molefted or profecuted for any Thing done by Virtue or in Purfuance of this Act, fuch Perfon or General Iffue. Perfons fhall and may plead the General Iffue, and give this Act, and the Special Matter in Evidence in his Defence; and if afterwards a Verdict fhall pais for the Defendant or Defendants, or the PlantifF fhall dis- continue his Action, or be nonfuited, or Judgment fhall be given againft him upon Demurrer or other- wife, then fuch Defendant or Defendants fhall have treble Cofts awarded to him or them againft fuch Plaintiff. CAP. XXIX. An Adt to prevent frivolous and vexatious Arrefts. ■Explained and ^ XT O R ^ e more e ff c & ua l preventing frivolous and vexatious Arrefts, Be it enacted by the King's moft amended by X} Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and 5 Geo. 2. c. 27. Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the None to be held twenty-fourth Day of 'June one thoufand feven hundred and twenty-fix, no Perfon fhall be held to Spe- to Special Bail c j a l Bail upon any Procefs iffuing out of any Superior Court, where the Caufe of Action fhall not amount in a Superior t0 the g um f ten Pounds or upwards; nor out of any Inferior Court, where the Caufe of Action fhall not ^urt un er amoun t t the Sum of forty Shillings or upwards; and that in all Cafes, where the Caufe of Action fhall Nor'in an infe- not amount to the Sum of ten Pounds or upwards in any fuch Superior Court, or to forty Shillings or up- rior Court, un- wards in any fuch Inferior Court (and the Plaintiff or Plaintiff's fhall proceed by the Way of Procefs againft oer 40 s. the Perfon) he, fne or they fhall not arreft or caufe to be arrefted, the Body of the Defendant or Defend- Bui to be ferved ants, but fhall ferve him, her or them perfonally, within the Jurifdiction of the Court, with a Copy of the perfonally with p r0 cefs; and if fuch Defendant or Defendants fhall not appear at the Return of the Procefs or within four Proofs ° f thC Days afr|:er ^h R eturn 5 ' n fuck Cafe it fhall and may be lawful to and for the Plaintiff or Plaintiffs, upon Plaintiff m'av' (which faid Affidavit fhall be filed gratis) to enter a Common Appearance or file Common Bail for the De- enter a common fendant or Defendants, and to proceed thereon, as if fuch Defendant or Defendants had entred his, her or Appearance, &c. their Appearance, or filed Common Bail; any Law or Ufage to the contrary notwithftanding. WheretheCaufe II. And be it further enacted by the Authority aforefaid, That from and after the faid twenty-fourth Day of Aflion of June one thoufand feven hundred and twenty-fix, in all Cafes, where the Plaintiff or Plaintiffs Caufe of amounts higher, Action fhall amount to the Sum of ten Pounds, or forty Shillings or upwards as aforefuid, Affidavit fhall mad'Th" " f* ^e mac ' e an ^ ^ e ^ °? *" uc ' 1 ^-• au '" e of Action (which Affidavit may be made before any Judge or Commiffioner and- the Sum in- °' the Court, out of which fuch Procefs fnall iitue, authorized to take Affidavits in fuch Courts, or elfe be- doifed on the fore the Officer who fhall iffue fuch Procefs or his Deputy, which Oath fuch Officer or his Deputy are Back of the hereby impoweted to adminiiler;) and for fuch Affidavit one Shilling over and above the Stamp Duties fhall Writ, &C, 1^ pgj'j an( j no more; anc j t ne Sum or Sums fpecified in fiiqh Affidavit fhall be indorfed on the Back of fuch Writ or Procefs, for which Sum or Sums fo indorfed, the Sheriff or other Officer to whom fuch Writ or Procefs fhall be directed, fhall take Bail, and for no more : But if after the faid twenty-fourth Day of June one thoufand feven hundred and twenty-fix, any Writ or Procefs fhall iffue for the Sum of ten Pounds or upwards, and no Affidavit and Indorfement fhall be made as aforefaid, the Plaintiff or Plaintiffs fhall not proceed to arreft the Body of the Defendant or Defendants, but fhall proceed in like Manner, as is by this Act directed in Cafes where the Caufe of Action does not amount to the Sum of ten Pounds, or forty Shil- lings or upwards as aforefaid. 21 Jac. 1. ' III. Whereas the Statute made in the twenty-firft Year of the Reign of King James the Firft, for the «• 23. c more effectual preventing the Delays and Expences occafioned by the Removal of fmall Caufes out of ki- ' who by fetting up a fictitious Action againft themfelves, for a pretended Demand of five Pounds or up- ' wards, by fuch their Contrivance procure the fmalleft Actions to be removed by Writs of Habeas Corpus, ' out of the inferior into the fupericr Courts, whereby the Plaintiffs, in fitch fmall Actions, which will not r ...... . ' beanthe Expence of fuch fuperior Courts, are neceffitated to fubmit to the Lofs of their juft Demands;' cou?ts°may "pro- Now for preventing fuch Abufes, and rend ring the faid Statute more effectual for the future, Be it enact -d cecd in Suits not by the Authority aforefaid, That from and after the faid four and twentieth Day of June the Judge or Judges exceeding.? I. c f fuch inferior Courts, as are defcribe'd in the faid Statute, fhall or may proceed in fuch Actions, Bills, tough there Plaints, Suits or Caufes as are therein ipecified, which appear or are laid, not to exceed the faid Sum of five Pounds,
 * . Affidavit being made, and filed in the proper Court, of the Perfonal Service of fuch Procefs as aforefaid
 * ferior Courts, has been of late evaded and rendred ineffectual, by the Contrivance of vexatious Defendants,