Page:Ruffhead - The Statutes at Large - vol 8.djvu/541

 A. D. 1759; Anno tricefimo tertlo Georgii II. C. 32. 507 LIII. And be it enatfted, That if any Perfon or Perfons ftiall make Oath, or give Evidence in Pena'ty of wilful and cor- any Plaint, Suit or Action depending, or in any other Proceedings to be had in the feveral Courts, ''"?'^ Perjur/, or either of them, whereby he, fhe or they fhali commit wilful and corrupt Perjury, and be thereof duly convidled, then every fuch Perfon and Perfons (hall incur and fufFer the like Pains and Penal- ties as any other Perfon or Perfons convided of wilful and corrupt Perjury is, are or (hall be liable to by the Laws and Statutes of this Realm. LIV. And be it enaded. That in cafe any A<Slion or Suit ftiall at any Time hereafter be com- Steward, or Officers of menced, brought or profecuted againft any Steward, Deputy Steward, Bailiff, Suitor, Officer or ^^*^ ^°"'^' '"'"6 '"-^^' Minifter of the faid Courts Baron refpedtively, or againft any other Perfon or Perfons, for or in refpecSl of his or their ailing in purfuance of, or under the Authority of this A61, then it fhali and may be lawful for fuch Perfon or Perfons refpe6tively, in every fuch A6tion or Suit, to plead the General Ifliie, and give this A61 and the Special Matter in Evidence ; and the Warrant or Precept m^y pJ"d the Gsnersi under the refpedlive Hands and Seals of the refpeilive Stewards of the faid Courts Baron, or their ^''"'^* refpedlive Deputies, being duly proved in any A£tion or Suit, fliall be deemed a fufficient Proof of the Authority of the faid Courts Baron refpe<5tively, and of all other Proceedings in the faid re- fpe£live Courts, previous to the iffuing of fuch Warrant or Precept ; and in cafe the Plaintiff or Plaintiffs in fuch Action or Suit ftiall not duly profecute the fame, fhali have a Verdict pafs againft him or them, or ftiall be nonfuited, or difcontinue his or their A£lion or Suit, the Defendant or Defendants ftiall in any of the faid Cafes, be intitled to, and be allowed to recover Treble Cofts Treble Coils. of Suit. LV. And be it further enafled. That in cafe any Perfonal Adion for the Recovery of any Debt ^^^^^ any Aftbn JaU or Damages, ftiall be commenced and profecuted againft any Perfon or Perfons after the ^^'^^ C(Z'^''^{ll '^ ^Xi^^^^^i, twenty-fourth Day of June in the Year of our Lord one thoufand feven hundred and fixty, in any verabk in the Courts of his Majefty's Courts of Record at Wejhninfier^ or eliewhere out of the faid Courts Baron refpec- Baron, Pliinuff to be lively, and it ftiall appear to the Judge or Judges of the Court where fuch A6lion ftiall be tried, that nonfuited, and Defendant the Debt or Damages to be recovered by the Plaintiff or Plaintiffs in fuch A(5lion doth not amount ^° ""vcr Tjebk Cofts, to the Sum of forty Shillings; and the Defendant or Defendants in fuch Aiflion ftiall duly prove by fufficient Teftimony to be allowed by any of the Judge or Judges of the Court where fuch A6lion fliall be tried, that at the Time of commencing fuch A£lion, fuch Defendant or Defendants was or were refiant within the Jurifdi£lion of either of the faid Courts Baron, and was or were liable to be fummoned or warned in either of the faid feveral Courts Baron for fuch Debt or Damages ; then and in fuch Cafe, unlefs the Judge or Judges who fhali try fuch Caufe fhali in open Court cer- unlefs the Judge certify tify in Writing under his or their Hands refpedively, that there was a probable or reafonable Caufe t|^"« was a probable of Aaion for forty Shillings, or more, or that the Freehold or Title to Lands or Tenements prin- ^^^^'^ ^" ^'''^ ^^'°°' cipally came in Queftion at fuch Trial, fuch Plaintiff or Plaintiffs fhali not recover, but be non- ' fuited in fuch Adtion, and the Defendant or Defendants fhali be intitled to, and be allowed, and recover Treble Cofts of Suit. LVL Provided always. That it fhali and may be lawful to and for the Plaintiff or Plaintiffs in Plaintiff may afterwawls fuch Aaion, afterwards to proceed againft fuch Defendant or Defendants for the Recovery of fuch j"^5 '" ^°""s ^"("i fof his Debt or Damages in fuch of the faid Courts Baron, within the Jurifdi6lion whereof the De- "^ ^ ^* fendant or Defendants is or are refiant ; any Thing herein contained to the contrary thereof in any i: jadicially taken Notice of as fuch by all Judges, Juftices, and all other Perfons, without fpecially pleading the fame. CAP. XXXIL I An A(5fc for draining and prefervlng certain Fen Lands and Low Grounds in the Ifle of Elyy and Counties of Suffolk and Norfolk^ between Mildenhall River South, Plant Load and Brandon River North, bounded on the Weft: by the River Oufe, and on the Eaft: by fVinter Loady Earfwell Brooke, and the Hard Lands of Mildenhall ; and for im- powering the Governor, Bailiffs and Commonalty, of the Company of Confervators of the Great Level of the Fens, commonly called Bedford Level, to fell certain Fen Lands lying within the Limits aforefaid, commonly called Invejied Lands. WHxlREAS certain Fen Lands and Low Grounds, lying and being in the Town fhip of Preamble; Ely, in the Ifle of Ely and County of Cambridge, and in the Parifli of Littleport, within Kjl-and Hcl^ay in the County of Noffolk, fituate between the Rivers of Mildenhall and Brandon, with- Tin the Great Level of the Fens, called Bedford Level, containing in the Whole eighteen thoufand Acres, or thereabouts, have for feveral Years paft been, and ftill are overflowed with Waters, ^ through the Defefl: of their Outfalls to the Sea; by which Means the faid Fen Lands and Low ^ Grounds are rendered of very little or no Value, to the Lofs of the Public, as well as the great Damage and Impovenftiment of the Owners of fuch Lands, and. of the Inhabitants of the feveral rariflics and Places where the fame do lie : And whereas the faid' F^n Lands and Low Grounds T 1 1 2 * cannot
 * wife notwithftanding.
 * l ^ LVIL And be it further enabled, That this A61 ftiall be deemed a Publick Ail, and ftiall be Publick Ad.
 * the faid Hie; and alfo in the feveral Pariflies of Mildenhall and Lakenheath in the County of Suffolk,