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<DATE>2014-07-28</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
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<ITEM>Proofed and reviewed as part of batch B140511.pdcc.</ITEM>
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<FRONT>
<DIV1 TYPE="title page">
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<PB REF="1">
<P>AN ACT For the prevention of Vexations and Oppre&s;&s;ions by Arre&s;ts; And of Delays in Suits of LAVV.</P>
<P><HI>D&V;BLIN,</HI> Printed by <HI>Andrew Crook,</HI> Printer to the Kings Mo&s;t Excellent Maje&s;ty, on <HI>Ormonde-Key,</HI> 1695.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 N="25" TYPE="chapter">
<PB REF="2">
<PB N="3" REF="2">
<HEAD>CHAP. XXV. An Act for the prevention of Vexations and Op|pre&s;&s;ions by Arre&s;ts; And of Delays in Suits of Law.</HEAD>
<P>WHereas by the Laws of this King|dom, in Ca&s;e where any Per&s;on is Sued, Impleaded or Arre&s;ted by any Writt, Bill or Proce&s;s, I&s;&s;u|ing out of any of his Maje&s;ties Courts of Re|cord, at <HI>Dublin,</HI> in any Common Plea, at the Suit of any Common Per&s;on, The True Cau&s;e of Action ought to be &s;et forth and Expre&s;&s;ed in &s;uch Writt, Bill or Proce&s;s, whereby the De|fendant may have certain Knowledge of the Cau&s;e of the Suit; and the Officer who &s;hall Execute &s;uch Writt, Bill or Proce&s;s, may know how to take Security for the Appearance of the Defendant to the &s;ame, and the Sureties for &s;uch Appearance may rightly under&s;tand for what Cau&s;e they become Engaged.</P>
<P>And whereas there is a great Complaint of the People of this Kingdom, that for Divers Years la&s;t pa&s;t, very many of His Maje&s;ties Good Subjects have be&eacute;n Arre&s;ted upon General Writts of Tre&s;pa&s;s, <HI>Quare Clau&s;um Fregit,</HI> or other like Writts I&s;&s;ued out of the Courts of <HI>Kings-Bench,</HI> and <HI>Common-Pleas,</HI> not Expre&s;&s;ing any Particular or Certain Cau&s;e of Action; and thereupon kept Pri&s;oners for a long time for want of Bail, Bonds, with Sureties for Ap|pearances, having be&eacute;n Demanded in &s;o great
<PB N="4" REF="3"> Summs, that few or none have Dared to be Security for the Appearance of &s;uch Per&s;ons &s;o Arre&s;ted and Impri&s;oned; altho in Truth there hath be&eacute;n little or no Cau&s;e of Action, and of|tentimes there are no &s;uch Per&s;ons who are Named Plantiffs; but tho&s;e Arre&s;ts have be&eacute;n many times procured by Malicious Per&s;ons to Vex and Oppre&s;s the Defendants, and to force from them Vnrea&s;onable and Vnju&s;t Compo&s;i|tions for Obtaining their Liberty; and by &s;uch Evil Practices many Men have be&eacute;n, and are Daily Vndone, and De&s;troyed in their E&s;tates, without Po&s;&s;ibility of having Reparation, the Actors Imployed in &s;uch Practices having be&eacute;n (for the mo&s;t part) Poor and Lurking Per|&s;ons, and their Actings Secret, that it hath be&eacute;n found very Difficult to make True Di&s;co|veries on proof thereof.</P>
<P>For Remedy and prevention of which &s;o great growing Evils and Mi&s;chiefs; And al&s;o for Di&s;couraging all Frivolous and Vnju&s;t Suits and Cau&s;ele&s;s Arre&s;ts for the Future.</P>
<P>Be it Enacted by the Kings Mo&s;t Excellent Maje&s;ty, by and with the Advice and Con&s;ent of the Lords Spiritual and Temporal, and Commons in this pre&s;ent Parliament A&s;&s;embled, and by Authority of the &s;ame, That from and after the Twelfth Day of <HI>December</HI> next, no Per|&s;on or Per&s;ons who &s;hall happen to be Arre&s;ted by any Sheriff, Vnder-Sheriff, Coroner, Stew|ard or Bayliff of any Franchize or Liberty, or by any other Officer, Mini&s;ter, Vnder-Bayliff, or any other Per&s;on or Per&s;ons what&s;oever within this Realm, having or pretending to have Authority or Warrant in that behalf, by force
<PB N="5" REF="3"> or Colour of any Writt, Bill, or Proce&s;s, I&s;&s;u|ing, or to be I&s;&s;uing out of His Maje&s;ties &s;aid Court of <HI>Kings-Bench</HI> and <HI>Common-Pleas,</HI> or ei|ther of them, or other Court of Iu&s;tice, in which &s;aid Writt, Bill, or Proce&s;s, or at the Foot thereof, the Certainty or True Cau&s;e of Action is not Expre&s;&s;ed, Marked, or Set Down par|ticularly; and for which the Defendant or De|fendants in &s;uch Writt, Bill, or Proce&s;s Na|med is and are Bailable by the Statute in that behalf made in the Thre&eacute; and Twentieth Year of the Reign of the Late King <HI>Henry</HI> the Sixth, &s;hall be Forced or Compelled to give Security, or to Enter into Bond with Sureties for the Appearances of &s;uch Per&s;on or Per&s;ons &s;o Ar|re&s;ted, at the day and place in the &s;aid Writs, Bill, or Proce&s;s, on the Foot thereof Specified or Contained in any Penalty or Summ of Money exce&eacute;ding the Summ of Forty Pounds of Law|ful Money of <HI>England,</HI> to be Conditioned for &s;uch Appearances. And that all Sheriffs and other Officers and Mini&s;ters afore&s;aid, &s;hall let to Bail, and Deliver out of Pri&s;on, and from their and Every of their Cu&s;todies, Re&s;pectively, all and every per&s;on or per&s;ons what&s;oever, by them, or any of them Arre&s;ted upon any &s;uch Writt, Bill, or Proce&s;s wherein the Certainty and True Cau&s;e of Action is not particularly Expre&s;&s;ed, as afore&s;aid, upon Security in the &s;umm of Forty pounds, and no more, given for Appearance of &s;uch per&s;on or per&s;ons &s;o Arre&s;ted, unto the &s;aid Sheriff or Officer afore&s;aid, accord|ing to the &s;aid Statute in the &s;aid Thre&eacute; and Twentieth Year of the Reign of the &s;aid King <HI>Henry</HI> the Sixth, in that behalf made and Provided.</P>
<PB N="6" REF="4">
<P>And be it further Enacted by the Authority afore&s;aid, That upon Appearance to be Entred in the Term wherein &s;uch Writt, Bill, or Pro|ce&s;s is Returnable with the Re&s;pective Officer in that behalf for the &s;aid per&s;on or per&s;ons, by Attorney or Attorneys in the &s;aid Re&s;pective Courts from whence the &s;aid Writt, Bill, or Proce&s;s I&s;&s;ued unto &s;uch Writt, Bill, or Proce&s;s, the Bond or Bonds &s;o given for Appearance thereunto, be, and are hereby &s;atisfied and Di&s;|charged; And that after &s;uch Appearance &s;o Entred, no Amercement be Sett or E&s;treated upon, or again&s;t any Sheriff, or other Officer afore&s;aid; or any other per&s;on what&s;oever, Con|cerning the want of &s;uch Appearance: And unle&s;s the Plantiff or Plantiffs in any &s;uch Writt, Bill, or Proce&s;s Named, &s;hall put into the Court from whence &s;uch Writt, Bill or Pro|ce&s;s did I&s;&s;ue, his or their Bill for De|claration again&s;t the per&s;on or per&s;ons &s;o Ar|re&s;ted in &s;ome per&s;onal Action <HI>(Ejectione firme)</HI> of Lands and Tenements before the End of the Term next following for Appearance, that then a Non&s;uite for want of a Declaration may be Entred again&s;t the &s;aid Plantiff or Plantiffs in the &s;aid Courts, Re&s;pectively: And that Every Defendant in every &s;uch Writt, Bill or Proce&s;s Named, &s;hall or may have Iudgment to Reco|ver Co&s;ts again&s;t Every &s;uch Plantiff or Plan|tiffs, to be A&s;&s;e&s;&s;ed, Taxed, and Levied in &s;uch manner, and according as it is provided by the Statute for Co&s;ts made in the Thre&eacute; and Twen|tieth Year of the Reign of the Late King <HI>Henry</HI> the Eighth, any former or other Act, Statute, Ordnance, Law, Cu&s;tom, Order, Cour&s;e or V&s;e|age
<PB N="7" REF="4"> of either of the &s;aid Courts to the Contrary thereof heretofore had, made, admitted, or u&s;ed in any wi&s;e Notwith&s;tanding.</P>
<P>Provided always that this Act, nor any Clau&s;e or Thing herein before Specified or Con|tained &s;hall not Extend or be Con&s;trued or Ta|ken to Extend unto any Arre&s;ts hereafter to be made upon, or by Vertue of any Writt of <HI>Capias Utlagatum,</HI> Attachment upon Re&s;cous, or Attachment upon any Contempt, or of any At|tachment of Priviledge, at the Suit of any Pri|viledged per&s;on, or of any other Attachment for Contempt what&s;oever, I&s;&s;uing, or to be I&s;&s;uing out of Either of the &s;aid Courts, altho there be no particular Certainty of the Cau&s;e of Action Expre&s;&s;ed or Contained in the &s;aid Writts, but that Neverthele&s;s no Sheriff or Vnder-Sheriff, nor any of the Officers or Mini&s;ters afore&s;aid, &s;hall Di&s;charge any per&s;on or per&s;ons taken upon any Writt of <HI>Capias Utlagatum,</HI> out of Cu|&s;tody without a Lawful <HI>Super&s;edeas</HI> fir&s;t had and Received for the &s;ame, and that upon the &s;aid Writts of Attachment &s;uch Lawful Cour&s;e be taken for Security for Appearance therein, as hath be&eacute;n heretofore V&s;ed, any thing herein before Expre&s;&s;ed to the Contrary thereof in any wi&s;e Notwith&s;tanding.</P>
<P>And whereas many per&s;ons-out of ill Intent to Delay their Creditors from Recovering their Iu&s;t Debts continue Pri&s;oners, who cannot be proce&eacute;ded again&s;t in &s;uch manner as they might be if they were at Large. Now for the better Enabling all and Every per&s;on or per&s;ons to Recover their Iu&s;t Debts and Demands again&s;t &s;uch Pri&s;oners.</P>
<PB N="8" REF="5">
<P>Be it further Enacted by the Authority a|fore&s;aid, That Every per&s;on or per&s;ons what|&s;oever who now hath or have, or which at any time hereafter &s;hall have Cau&s;e of any per&s;onal Action again&s;t any per&s;on, being a Pri&s;oner in Pri&s;on, may Sue forth any Original Writt upon his or their Cau&s;e of Action: And that a Writt of <HI>Habeas Corpus</HI> be granted to Every &s;uch per&s;on or per&s;ons being Plantiff or Plan|tiffs, de&s;iring the &s;ame to be Directed to the Goaler, or Ke&eacute;per of the &s;ame Pri&s;on, to have the Body of &s;uch Pri&s;oners before any His Ma|je&s;ties Iu&s;tices of the <HI>Kings-Bench,</HI> or <HI>Common-Pleas</HI> at &s;ome certain Day in any Term, to An&s;wer the &s;aid Plantiff or Plantiffs upon his or their &s;aid Cau&s;e of Action; And that if the &s;aid Plantiff or Plantiffs at the &s;aid Day put into the &s;aid Court his or their Declaration, according to the &s;aid Original Writt again&s;t the &s;aid Pri&s;oner being pre&s;ent at the Bar, the &s;aid per&s;on &s;hall be bound to appear in per&s;on, or to put in an Attorney to appear for him in the &s;aid Action, and unle&s;s the &s;aid Defendant plead upon a Rule given to be out at the Eight Days at the lea&s;t, after &s;uch Appearance Iudgment by <HI>Nihil dicit</HI> may be Entred again&s;t &s;uch De|fendants as Appearing in per&s;on, which &s;hall be Good and Effectual in Law: And &s;uch Charge in Court by Declarations &s;ignified by Rule unto the Goaler or Ke&eacute;per &s;hall be a Good Cau&s;e of Deten&s;ion of &s;uch Pri&s;oner in his Cu&s;tody, from which he &s;hall not be Di&s;charged without a Law|ful <HI>Super&s;edeas,</HI> or Rule of Court: And if the &s;aid Goaler or Ke&eacute;per &s;hall do otherwi&s;e, he &s;hall be Re&s;pon&s;ible to the Court, and to the Party
<PB N="9" REF="5"> grieved for Damages, by Action upon the Ca&s;e, to be brought again&s;t him for Di&s;charging &s;uch Pri&s;oner.</P>
<P>And whereas very many Suites Commenced by Original Writts have be&eacute;n Protracted and long Delayed from Iudgment and Execution, by Rea&s;on of the Nece&s;&s;ity of having Fifte&eacute;n Days, at the lea&s;t, betwe&eacute;n the Days of the <HI>Te&s;te,</HI> and the Days of the Return of Writts now V&s;ed in per&s;onal Actions, and al&s;o in A|ctions of <HI>Ejectione firme,</HI> for Lands and Tene|ments. For Remedy whereof; and for the more Ea&s;y Expediting Tryals, and the better and more &s;pe&eacute;dy Executing Iudgments for the time to come.</P>
<P>Be it further Enacted, by the Authority a|fore&s;aid, That in all Actions of Debt, and all other per&s;onal Actions whatfoever; And al&s;o in Actions of <HI>Ejectione firme,</HI> for Lands or Tene|ments, now Depending, or which at any time hereafter &s;hall be Depending in either of his Maje&s;ties Courts afore&s;aid, after any I&s;&s;ue therein Ioyned, to be Tryed by a Iury; and al&s;o after any Iudgment had or obtained, or to be had or ob|tained in any the Courts afore&s;aid, in any &s;uch Action, as afore&s;aid, there &s;hall not ne&eacute;d to be Fifte&eacute;n Days betwe&eacute;n the <HI>Te&s;te</HI> and Day of Re|turn of any Writt or Writts of <HI>Venire facias, Habeas Corpora Jurator.</HI> or <HI>Di&s;tringas Jurator.</HI> Writts of <HI>Fieri facias,</HI> or Writts of <HI>Capias ad Satisfaciendum,</HI> and that the want of Fift&eacute;en Days betwe&eacute;n the Te&s;t Day, and the Day of the Return of any &s;uch Writt, &s;hall not be, nor &s;hall be A&s;&s;igned, Taken, or Adjudged to be any Matter or Cau&s;e of Error; Any Law, Cu|&s;tom,
<PB N="10" REF="6"> Statute, Cour&s;e or V&s;age to the Contra|ry thereof, in any wi&s;e Notwith&s;tanding.</P>
<P>Provided Neverthele&s;s that this Act, nor any thing therein Contained &s;hall not Extend, or be Con&s;trued to Extend to any Writt of <HI>Capias ad &s;atisfaciend.</HI> whereon a Writt of Exigent after Iudgment is to be Awarded, nor to <HI>Capias ad &s;atisfaciend.</HI> again&s;t the Defendant, in Order to make any Bail Lyable, but that the &s;ame Con|tinue and be as if this Act had never be&eacute;n made.</P>
<P>And whereas by an Act of Parliament made in this Kingdom in the Tenth year of the Reign of our late Sovereign Lord King <HI>Charles</HI> the Fir&s;t, of Ble&s;&s;ed Memory, a very good Law was made for avoiding Vnnece&s;&s;ary Delays of Exe|cution, whereby it is Enacted, That no Execu|tion &s;hall be Stayed or Delayed upon or by any Writt of Error, or <HI>Super&s;edeas</HI> thereupon, to be Sued for the Rever&s;ing of any Iudgment to be given in any Action or Bill of Debt, upon any &s;ingle Bond for Debt, or upon any Obli|gation, with Condition for payment of Money only, or upon any Action or Bill of Debt for Rent, or upon any Contract Sued in any of His Maje&s;ties Courts of Record at <HI>Dublin;</HI> un|le&s;s &s;uch per&s;on or per&s;ons in who&s;e name or names &s;uch Writt of Error &s;hall be brought with two &s;ufficient Sureties, &s;uch as the Court wherein &s;uch Iudgment is or &s;hall be given &s;hall allow of, &s;hall fir&s;t before &s;uch Stay made or <HI>Super&s;edeas</HI> to be awarded, be bound to the party for whom any &s;uch Iudgment was or &s;hould be given by Recognizance to be acknow|ledged in the &s;ame Court, in double the Summ adjudged, to be recovered by the &s;aid former
<PB N="11" REF="6"> Iudgment, to pro&s;ecute the &s;aid Writt of Er|ror with Effect, and al&s;o to &s;atisfy and pay (if the &s;aid Iudgment &s;hall be affirmed) all and &s;ingular the Debts, Damages and Co&s;ts ad|judged, or to be adjudged upon the former Iudgment, and all Co&s;ts and Damages to be al&s;o awarded for the &s;ame delaying of Execution, which Law hath be&eacute;n found by experience to be very good and beneficial to the Commonwealth. And fora&s;much as divers other Cau&s;es wherein the &s;ame Mi&s;chief by Delays and Staying of Execution by Writts of Errour and <HI>Super&s;edeas</HI> thereupon are not Provided for by the Statute in the &s;everal Actions hereafter Specified.</P>
<P>Be it further Enacted, That the &s;aid Recited Act be of Force in this Kingdom. And be it further Enacted and Ordained, by the Authori|ty afore&s;aid, That from and after the Twen|tieth Day of <HI>December</HI> next no Execution &s;hall be Stayed in any of His Maje&s;ties Four Courts, or in the County Palatine of <HI>Tipperary,</HI> by any Writt or Writts of Error or <HI>Super&s;edeas</HI> thereupon, after any Verdict and Iudgment thereupon obtain|ed in any Action of Debt, or in any Action upon the Ca&s;e, upon any Promi&s;e for the payment of Money, Actions <HI>Sur Trover,</HI> Actions of Covenant, <HI>Detinue</HI> and Tre&s;pa&s;s, unle&s;s &s;uch Recognizance, and in &s;uch manner as by the &s;aid Recited for|mer Act is Directed, &s;hall be fir&s;t Acknowledged in the &s;aid Court where &s;uch Iudgment is gi|ven.</P>
<P>And be it al&s;o Enacted by the Authority a|fore&s;aid, That if any Per&s;on or Per&s;ons after the &s;aid Day &s;hall Sue or Pro&s;ecute any Writt or Writts of Error for the Rever&s;al of any Iudgment what&s;oever given after any Verdict in
<PB N="12" REF="7"> any the Courts afore&s;aid; and the &s;aid Iudg|ment &s;hall afterwards be Affirmed, then Every &s;uch Per&s;on or Per&s;ons &s;hall Pay unto the De|fendant or Defendants in the &s;aid Writt or Writts of Error, his or their Double Co&s;ts, to be A&s;&s;e&s;&s;ed by the Court where &s;uch Writt of Error &s;hall be Depending, for the Delaying of Execution.</P>
<P>Provided Neverthele&s;s that this Act, nor any Thing therein Contained, &s;hall not Extend to any Action Popular, nor unto any other Action which is, or hereafter &s;hall be brought upon any Penal Law, or Statute, nor to any Indictment, Pre&s;entment, Inqui&s;ition, Information or Ap|peal, any thing herein before Expre&s;&s;ed to the Contrary thereof Notwith&s;tanding.</P>
<TRAILER>FINIS.</TRAILER>
<PB REF="7">
</DIV1>
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