Lancaster Palatine Courts Act 1794

AN ACT to prevent the Removal of Suits from the Inferior Courts in the County Palatine of Lancaster into the Court of Common Pleas of the said County Palatine.

WHEREAS great mischiefs have arisen from the facility of removing causes of small value from the inferior courts in the county palatine of Lancaster into the Court of Common Pleas of the said county palatine: For remedy whereof, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act no execution shall be stayed or delayed upon or by any writ of false judgement or supersedeas thereon, to be sued for the reversing of any judgement given or to be given in any inferior court within the county palatine of Lancaster where the debt or damages are under ten pounds, unless such person or persons in whose name or names such writ of false judgement shall be brought, with two sufficient sureties, such as the court (wherein such judgement is or shall be given) shall allow of, shall first, before such stay made or supersedeas to be awarded, be bound unto the party for whom such judgement is or shall be given, by recognizance to be acknowledged in the same court, in double the sum adjudged to be recovered by the said former judgement, to prosecute the said writ of false judgement with effect, and also to satisfy and pay (if the said judgement be affirmed or the said writ of false judgement be not proceeded in) all and singular the debt, damages and costs adjudged, and all costs and damages to be awarded for the same delaying of execution.

AND no cause, where the cause of action shall not amount to the sum of ten pounds or upwards, shall be removed or removeable from any court of inferior jurisdiction into the Court of Common Pleas at Lancaster, by any writ of pone accedas ad curiam certiorari or otherwise, unless the defendant who shall be desirous of removing such cause shall enter into the like recognizance as aforesaid for payment of the debt or damages and costs, in case judgement shall pass against him, any law or statute to the contrary thereof notwithstanding.