Page:Ruffhead - The Statutes at Large - vol 6.djvu/366

 304 C. 24. Anno undecimo Georgh II. A. D. 1738. Preamble, re- ccing the Aft H&13W.3. .«. 3 . Pcifons may jjrofecute Ac- tions againft Members -of Parliament, in Se/fion. Members not liable to be ar- reted during Piivilege. The Courts of Oreat-Stffions in Wales, and Seflions in Counties Pala- tine to proceed againft Mem- bers, as the Courts at Weft- Kiiniiej, Plaintiffs not barred or mmfuite.d, nor Procefs a- gainft the King's Debtor to be ftayed, .by Privilege of Parliament ; but the Perfons roc to be arrett- ed. CAP. XXIV. An Aft to amend an Aft pafTed in the twelfth and thirteenth Year of the Reign of King William the Third, intituled, An Aft for preventing any Inconveniencies that may happen by Privilege of Parliament. HEREAS for the preventing all Delays the King or his Subjects may receive in any of his Courts of Law or Equity, and for their Eafe in the Recovery of their Rights and Titles to any Lands, Tenements, or Hereditaments, and their Debts, or other Dues, for which they have Caule ' William the Third, intituled, An Aft for preventing any Inconveniencies that may happen iji Privilege ' of Parliament; whereby neverthelefs the Privilege of Parliaments is reftraired only in Actions or Suits ' commenced or profecuted in the Courts, and for the Caufes, therein particularly mentioned: And 1 Rights and Titles of Lands, Tenements or Hereditaments, and their Debts, or other Dues, for ' tions or Suits commenced or profecuted in other Courts within Great Britain and Ireland ;' For Re- medy thereof, be it enacted by the King's molt Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the firft Day of June one thoufand feven hundred and thirty-eight, any Perfon and Perfons (hall and may commence and profecute in Great Britain or Ireland any Adtion or Suit in any Court of Record, or Court of Equity, or of Admiralty, and in all Caufes Matrimonial and Teftamentary, in any Court having Cognizance of Caufes Matrimonial and Teftamen- tary, againft any Peer or Lord of Parliament of Great _ Britain, or againft any of the Knights, Citizens and Burgeffes of the Houfe of Commons of Great Britain for the time being, or againft their or any of their menial or other Servants, or any other Perfon intitled to the Privilege of the Parliament of Great Bri- tain, at any Time from and immediately after the Diffolution or Prorogation of any Parliament, until a new Parliament fhall meet, or the fame be reaffembled, and from and immediately after any Adjourn- ment of both Houfes of Parliament for above the Space of fourteen Days, until both Houfes fhall meet or re-affemble; and that the faid refpertive Courts fhall and may after fuch Diffolution, Prorogation,!pr Adjournment, as aforefaid, proceed to give Judgment, and to make final Orders, Decrees, and Sen- tences, and award Execution thereupon ; any Privilege of Parliament to the contrary notwithftanding. II. Provided neverthelefs, That this Act fhall not extend to fubject the Perfon of any of the Knights, Citizens, and Burgeffes of the Houfe of Commons of Great Britain, or any other Perfon intitled to Privilege of Parliament, to be arretted during the Time of Privilege; neverthelefs it fhall and may be lawful to and for any of the Courts of Great-Seflions in Wales, Courts of Seflion in' the Counties Pala- tine of Chejier, Lancafter, and Durham, Courts of King's Bench, Common Pleas, and Exchequer in Ire- land, after any Diffolution, Prorogation, or fuch Adjournment as aforefaid, or before any Seffion of Parliament, or Meeting of both Houfes, as aforefaid, to have and ufe fuch and the like Methods of Proceeding, and. to iffue fuch and the like Procefs againft any fuch Peer or Lord of Parliament, or againft any of the faid Knights, Citizens, and Burgeffes, or other Perfons intitled to the Privilege of the Parliament of Great Britain, as the Courts of King's Bench, Common Pleas, and Exchequer in Eng- land^ are by the faid recited Act impowered and directed to ufe and iffue refpectively ; and that it (hall and may be lawful to and for the Court of Chancery of Ireland, and the Court of Equity in the Exche- quer there, to have and ufe fuch and the like Methods of Proceeding, and to iffue fuch and the like Procefs within the Times and againft the Perfons aforefaid, as the High Court of Chancery of Great Britain, and the Court of Exchequer in England, are by the faid recited Act refpectively directed and impowered to ufe and iffue ; and that it (hall and may be lawful to and for any of the other Courts here- in before defcribed, the Procefs whereof is not particularly directed by the faid recited Act, or by this Act, after any Diffolution, Prorogation, or fuch Adjournment as aforefaid, or before any Seffion of Parliament, or Meeting of both Houfes as aforefaid, to iffue fuch and the like Procefs againft any fuch Peer or Lord of Parliament, or againft any of the faid Knights, Citizens, or Burgeffes or other Perfon intitled to the Privilege of Parliament, as fuch Courts may now lawfully iffue againft Perfons not liable to be arretted or imprifoned. III. And be it enacted by the Authority aforefaid, That where any Plaintiff fhall by Reafon or Occa- sion of Privilege of Parliament be ftayed or prevented from profecuting any Suit by him commenced ; fuch Plaintiff fhall not be barred by any Statute of Limitation, ornonfuited, difmiffed, nor his Suit dip- continued for want of Profecution of the Suit by 1 im begun ; but (hall from time to time upon the rif- ing of the Parliament be at Liberty to proceed to judgment and Execution. IV. And it is hereby enabled, That no Action, Suit, Procefs, Order, Judgment, Decree, or Pro- ceeding in Law or Equity againft the King's original and immediate Debtor, for the Recovery or obtain- ing of any Debt or Duty originally and immediately due or payable unto his Majefty, his Heirs or Succeffors, or againft any Accountant, or Perfon anfwerable or liable to render any Account unto his Majefty, his Heirs or Succeffors, for any Part or Branch of any of his or their Revenues,- or other original and immediate Debt or Duty, or the Execution of any fuch Procefs, Order, Judgment, De- cree or Proceedings, fhall be impeached, ftayed, or delayed in any Court in Great Britain or Ireland^ by or under the Colour or Pretence of any Privilege of the Parliament of Great Britain ; yet fo never- thelefs, that the Perfon of any fuch Debtor or Accountant, or Perfon anfwerable or liable to account, being
 * the Intervals of
 * of Suit or Action, an Act was made in the twelfth and thirteenth Year of the Reign of King
 * whereas great Inconveniencies may happen to his Majefty, and his Subjects, with refpect to their
 * which they have Caufe of Suit or Action, if the Privilege of Parliament be not reftrained upon Ac-