Page:Ruffhead - The Statutes at Large - vol 6.djvu/157

 A D. 1732. Anno quinto Georgii II. C. 26,, 27. 95 that Part of Great Britain cajled England, within two Years next before the Subpoena in fuch Suit iffued within 2 Years " . „ 7 r t- u„,r«« before the Sub- again ft fuch rerlon. poena. IX. Provided alfo,, That this Act (hall not extend or be conftrued to extend to warrant or make good Not to extend any Proceeding againft any Perfon in' any Court of Equity having a limited Jurifdiction, unlefs it lhall to Courts having' appear to the Satisfaction of fuch Court by Affidavit or Affidavits, before the making of fuch Decree, ^^nlek' that fuch Perfon had refuted within the Jurifdiction of fuch Court, within one Year next before the oathbemadeof' Subpoena in fuch Suit iffued againft fuch Perfon. dtnceYn fach" Jurifdiction 1 Year before the Subpoena. See farther, vs. Geo. 2. e. 24. 23 Geo, 2. c. 25s CAP. XXVI. An Act for the effectual repairing the Highways between Dir.ijlable and Hocklijfe in the County of Bed- ford, by enlarging the Term and Powers granted by two former Acts, one of the ninth and the other 'of the twelfth Year of the Reign of her late Majefty Que.n Anne. PR. [The two Ads continued for 21 Years.]. C A P. XXVII. An Act to explain, amend and render more effectual an Act made in the twelfth Year of the Reign of his late Majefty King George the firft,. intituled, An Aft to prevent frivolous and vexatious Arrefts, < L TT7 HEREAS in an Act made in the twelfth Year of the Reign of his late Majefty King George Recital of '' VV the Firft, intituled, An Acl to prevent frivolous and vexatious Arrejls, it is amongft other things 12 Geo. i.e. 29. '" enacted, That from and after the twenty-fourth Day of June which was in the Year of our Lord one ^' e V pf r p" tua i u- ' Pounds or upwards, nor out of any inferior Court, where the Caufe of Action fhould not amount to ' the Sum of forty Shillings or upwards; and that in all Cafes where the Caufe of Action fhould not ' Court, with a Copy of the Procefs ; and if fuch Defendant or Defendants fhould not appear at the ' of the perfonal Service of fueh Procefs as aforefaid (which faid Affidavit fhould be filed gratis) to enter '*' as if fuch Defendant or Defendants had entred his, her or their Appearance, or filed common Bail,-. ' any Law or Ufage to the contrary notwithftanding : And whereas the faid Procefs in the faid Act men- 'tioned is in a Language for the moft part unknown to fuch Defendant or Defendants : And whereas- '" fuch Return, the Shortnefs of which Time hath been found inconvenient in many Cafes : And < 'Delay hadvbeen occafioned for want of a fufficient Number of Perfons duly authorized to take fuch--' 'Affidavits:' For Remedy whereof, Be it enasfted by the King's moft Excellent Majefty, by and After theEnd of ' with the Advice and Gonfent of the Lords Spiritual and Temporal, and Commons, in this prefent £ j>|? Se ^ ,on Pr °- Parliament affembled, and by the Authority of the fame, That from and after the End of this or 40 s . refpec- prefent Seffion of Parliament, in all Cafes where the Caufe of Action (hall not amount to the Sum of tivtiy, to be in 1 ten Pounds or upwards in any fuperior Court, <jr to forty Shillings or upwards in any inferior Court, E "|^ ^ nd ia the Writ, Procefs, Declaration and all other Proceedings (hall be in the Englijh Tongue, and written Hand. in Words at length, in a common legible Hand and Character; and the Defendant or Defendants in Defendant to fuch Cafes (a Copy of fuch Procefs in E?iglifh having been ferved, as by the faid Act is directed) (hall ^s^fterR 1 ". 8 appear at the Return thereof, or within eight Days after fuch Return, and the Affidavit of the Service turn of the Pro- of fuch Procefs (hall and may be made before any Judge or Commiffioner of the Court, out of which cefs. fuch Procefs (hall iffue, authorized to take Affidavits in fuch Courts, or elfe before the proper Officer mad^eTthe for entring common Appearances in fuch Court, or his lawful Deputy ; and which Affidavit is hereby service, directed to be filed gratis. II. Provided always, That no Attorney, Bailiff or other Perfon, (hall have, take, charge or demand 5S jferv?n a c'o S v more than five Shillings, for the making and ferving a Copy of fuch Procefs ilTuing out of any fuperior f Procefs in fu- Court, or more than one Shilling for the making and ferving a Copy of fuch Procefs, iffuing out of any perior,and is.in inferior Court, on fuch Defendant or Defendants refpectively as aforefaid. inferior Courts. III. Provided neverthelefs, That in particular Franchifes; and Jurildictions the proper Officer there (hall Procefs in parti- execute fuch Procefs. raferFranchifes,, IV. And be it further enacted by the Authority aforefaid, That upon every Copy of fuch Procefs, to be ferved upon any Defendant, (hall be written in like manner an Englijh Notice to fuch Defendant of the Intent and Meaning of fuch Service to the Effect following, videlicet, 8' A. B. yow
 * ' thoufand feven hundred and twenty-fix, no Perfon fhould be held to fpecial Bail upon any Procefs 21 Geo. 2. c. 3.
 * ' iffuing out of any fuperior Court,- where the Caufe of Action fhould not amount to the Sum of ten
 * ' amount to the Sum of ton Pounds or upwards in any fuch fuperior Court, or to forty Shillings or
 * ' upwards in any fuch inferior Court (and the Plaintiff or Plaintiffs fhould proceed by the way of Procefs -
 * againft the Perfon) he, (he or they fhould not arreft or caufe to be arretted the Body of the Defen-
 * dant or Defendants, but fhould ferve him, her- or them perfonally, within the Jurifdiction of the'
 * Return of T the Procefs, or within four Days after fuch Return, in fuch Cafe it fhould and might be
 * lawful to and for the Plaintiff or Plaintiffs, upon Affidavit being made and filed in the proper Court
 * a common Appearance or file common Bail for the Defendant or Defendants, and to proceed thereon, ■
 * •" fuch Defendant or Defendants are to appear at the Return of fuch Procefs, or within four Days after '
 * ' whereas Affidavit is to be made of the perfonal Service of fuch Procefs, and unneceffary Expence and '