Page:Ruffhead - The Statutes at Large - vol 2.djvu/621

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A. D 1565. Anno oiftovo Rcginrc I 1.1 z nr.-ri; I . -1 ■ tlll'd >>|- IIKlilikli, Keign I . • . I .

1 1. faid ( )ath, n An hbiflu p 

hit Day of tin • ■ ' I ■[•!. Parliament, and ail Reful me Oath fo tendbneo, or'.. rBifbop, by Authority of any A£t eftablifli Pfcfent Parji! of none Effefl 01 Validity in the L C A J II. An Aft for the Avoiding of wrongful Vexation touching the Writ of L 1 XT 7" 1 1 FRF. divers Perfons of their malicious Minds? and without any juft Caufe. domanyTimc! > ' W and procure cithern of the Queen's Majefty's loving Sub ' by ■ and Arrefts made of their Bodies, as well by Pro ' fued out of the Court commonly called the King's Bench, as alfo by Plaint, B

  • commonly called the Marfhalfea, and within the City of I.
  • Places where any Liberty or Privilege is to hold Pleas of Debt, Trefpafs, and othei
  • Suits: (2) And when the Parties that be arretted or attached ate brought forth to anfwer to Inch Acli

' and Suits as (hould be objected againft them, then many Times there is no ' Mil the Parties fo arrelled or ati ito they.may make anyAnfwer; (3) and fo [led i i wry malicioufiy put to great Charges and Expences, without any juft or re 1 ' yet neverthelefs, hitherto, by Order of the Law, the Party fo grieved and vexed could never have.

  • Coils or Damages to him to be judged or awarded for the fad unjuft Vexation and Trouble :'

II. For Remedy whereof, Be it eiiadted and ordained by the Authority of this prefent Parliament, That 1 -- wben and as often as any Perfon and Perfons, after the firft Day of'Jaiucry next coming fliall fuc forth, or ' by any Means caufe or procure to be fued forth, of the faid Court commonly called the King's Bench, anyO*. £.. 1 Of the Writs or Proccfs before mentioned, againft any Perfon or Perfons which upon the feme Vriror Writs lhall happen to be arretted, or which fhall appear upon the Return of any of the faid Writs or Procefs, (2) and fhall put in his or their Bail or Bails to anfwer fuch Suit as fhall be obj cted againft him, acco; to the common Order of the Court; (3) that then in every fuch Cafe, if the Party or Parties at whofe Suit, Means or Procurement, the fame Writ, 'Writs or Procefs was obtained or fued forth, do ni I ireeCofls^, Days next after fuch Bail had and taken, put into the fame Court his or their Declaration againft the , Party or Parti' s againft whom fuch Writs or Procefs hath been or fhall be fued; (4) Or if after I . had and put into the fame Court, the Plaintiff in fuch Cafe fhall not profecute the fame (hall willingly and apparently to the fame Court fiiffer his or their fiiJ Suit to be delayed; (5) or {hall aftei ^Declaration 10 had, fuffer the fame Suit to be difcontinucd, oi; otherwife fhall be nonfuit i j (6) dl that then in every fuch Cafe, the Judges of the faid Court for the Time being fhail b thi ir j from Time to Time, as they fhall fee or perceive any fuch Default to be in the Suit, Means or Procurement fuch Writs or Procefs was fued forth, award and. judge to £ Li j 1 el Perfons fo arrefted, vexed, molefted or troubled by fuch Writs or Suit, his and their Coils, Damage cafion of any fuch Writs, Procefs, Arrefts and Charges by any .Mean;, fuftained by Occa or had againft him, to be paid by fuch Perfon or Perfons that fo doth orfhall caufe or procure any fuc or Procefs to be fued forth, as is aforefaid. III. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons fliai! . faid firft Day of January caufe or pro. lire any pth t Perfon or Perfons to be attached or an to any Bill, Plaint, Action or Suit, in the faid Court of the Marlhalila, or in any Cou City of London, or in or Privilege is ufed to Continuance de die in t any City, Borough, Town Corporate or o hold Plea in any Action or Actions perfonal, and do not, in aii C diem, within three Days next after fuch Time as the I ' fhall be bailed, or otherwife appear in Court, by Force of any Arreft or Arte in all other Courts, at the next Seffions or Court to be holaen Arrefts or A >ere the Party. by fuch Attachment or Arreft is compelled or ought t 1 . pp , Perfons, at whofe Suit or Mean, any fuch Attachm nc or Arreft oi any Perfon and made, after his Declaration, Bill or Plaint exhibited, J o hot from thenc ic his Suit with Effect, or fhall fuffer the fame to be difcontinued, or fhall after be nonfuit it: the fai 4D 2