Page:Ruffhead - The Statutes at Large - vol 3.djvu/341

jiA. D. 1664. Anno declmo fexto & fcptimo Caroli II. C. 6 — 8. 293 omitted out of fuch Extent ; (z) faving always to the Party and Parties whofe Lands fhall be extended, hii and their Heir , Executors and Affigns, his and their Remedy for Contribution againft fuch Perfon and Perfons, whofe Lands are or fliall be omitted out of fuch Extent from Time to I'ime. III. Provided always, That this Aft or any Thing therein contained fhall not be conftrucd to give any ProvJfo for Heirs Extent or Contribution againfl: ar.y Heir within the Age of one and twenty Years, during fuch Minority within Age. jof fuch Heir, for or in Refpcft of any Lands to fuch Heir defcended, farther or otherwife than might have ibecn before the making of this Aft. To what sta- IV. Provided that this Aift extend only to fuch Statutes as are or fhall be for Payment of Monies ; and ^""-'^ and Ex- to fuch Extent as fiiall be within twenty Years after the Statute, Recognizance or Judgment had and ob- "^"'^ ""'>" "^ ^ • J Act fhall ex- tained. _ _ _ ^^.^^^ V. Provided that this Aft fliall continue for the Space of three Years, and from thence to the End of^-up the next Seffion of Parliament, and no longer. [Made perpetual by 22 & 23 Car. 2. cap. 2.] ar.d oUhhTa. 3 Rep. 12, C A P. VI. 2 Vent. IC4. 2 Ind. 396. }An Aft for repealing of Part of an Aft of Parliament, intituled, yfn ASl d'lrcBing the P'rofecut'ion of fuch as i~ & j. car. s, I ure accotintnble for Prize-Goods. Direftions for Recovery of Prize-Goods not accounted for. The former c. 14. Aft repealed as to all Admirals, Officers, Mariners and Soldiers at Ssa. The faid Aft not repealed as to any Colleftors, Treafurers, dsV. of fuch Prize-Good's. EXP. CAP. vii; An Aft for Continuance of a former Aft for Regulating the Prefs. EXP. 13 "^ '4 car. 2. C.33.- C A P. VIII. An Acl to prevent Arrefts of Judgment, and fuperfeding Executions. ' "X¥ 7" HERE AS great Delay, Trouble and Vexation hath been and ftill is occafioned to the People of This Aa ex- ' V V this Realm, as well by Arrefting and Reverfing of Judgm.ents, as by ftaying Executions by Writs tended to WritJ ' of Error and Superfedeas :' (2) For Remedy thereof. Be it enafted by the King's moft excellent Majefty, °^'^t"^™';' by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent '^^^aji 7.^ Parliament affembled, and by the Authority of the fame, That if any Verdift of twelve Men fliall be given in any Aftion, Suit, Bill or Demand, to be commenced from and after the five and twentieth Day of In what Court March, which fhall be in the Year of our Lord one thoufand fix hundred fixty and five, in any of his Ma- ^" ^^f" Judg- jefty's Courts of Record at Wejimlnjier, or in the Courts of Record in the Counties Palatine '^'i Chfier,'^^^^^^^^^^-^ 'Lancajler or Durham, or in his Majelfy's Courts of the Great Seffions in any of the twelve Shires of Wales y fta'yed'for De- Judgment thereupon fhall not be flayed or reverfed, for Default in Form or Lack of Form ; (3) or by Rea- fault of Form ia fon that there are not Pledges, or but one Pledge to profecute, returned upon the original Writ ; (4) or pleading. becaufe the Name of the Sheriff is not returned upon fuch Original Writ; (5) or for Default of entring i Mod. igg. Pledges upon any Bill or Declaration; (6) or. for Default of Alledging the Bringing into Court of any J Salk. 3-, 3S. Bond, Bill, Indenture, or other Deed whatfoever mentioned in the Declaration^ or other Pleading ; (7) or for Default of Allegation of the bringing into Court of Letters Teflamentary or Letters of Adminiftra- Mod. Csfes in tion ; (8j or by Reafon of the Omiffion of /-/ tf Arniis, or Contra pacem ; (9) or for or by Reafon of the L^w 158, as^* ■ Miftaking of the Chriflian Name or Surname of the Plaintiff or Defendant, Demandant or Tenant, Sum: or Sums of Money, Day, Month or Year, by the Clerk, in" any Bill, Declaration or Pleading, where the right Name, Surname, Sum, Day, Month or Year, in any Writ, Plaint, Roll or Record preceding, or in the fame Roll or Record where the Miftake is committed, is or are once truly and rightly alledged, where- unto the Plaintiff might have demurred and fhewn the fame for Caufe ; (10) nor for Want of the Aver- ment of Hoc paratus eji verificare; (11) or for Hoc paratus eji verificare per Recorclum ; (12) or for not al- ledging Prout patet per Recordiim ; (13) or for that there is no right Venue, fo as the Caufe were tried by a Jury of the proper County or Place where the Aftion is laid ; (14) nor any Judgment after Verdift, Con- feffion by Cognovit ASiionern, or ReliSia verificatione, fhall be reverfed for Want of Mijericordia or Capiatur ; (i j) or by Reafon that a Capiatidr is entred for a Mifericordia, or a Mifericordia is entred where a Capiatur ought to have been entred ; ( 16) nor for that Idea conceffum eJi per Curiam is entred for Idea confderatum eji per Curia-m ; (17) nor for that the Increafe of Cofts after a Verdift in any Aftion, or upon a Nonfuit in Replevin, are not entred to be ar the Requeft of the Party for whom the Judgment is given ; (18) nor by rFarthe'r PVo-i.n - Reafon that the Cofts in any Judgment whatfoever are not entred to be by Confent of the Plaintiff; (19) fions of this but that all fuch Omiffions, Variances, Defefts, and all other Matters of like Nature, not being againft *^'"'^» tfie Right of the Matter of the Suit, nor whereby the Iffue or Trial are altered, fhall be" amended by the ^ ceo^i c '1 *' Juftices or other Judges of the Courts where fuch Judgments are or fhall be given, or whereunto the Re- ■ " ,' '"' ^° I cord is or fhall be removed by Writ of Error. I II. Provided always, and be it further enafted by the Authority aforefaid. That, this Aft, or any Thing Provifo for Ap- therein contained, fhall not extend to any Wiit, Declaration or Suit of Appeal of Felony or Murder, nor P^^i'*' -["difl:- to any Indiftment or Prefentment of Felony, Murder, Treafon or other Matter, nor to any Procefs upon ""="'^^» ■^'^'°"' any of them ; (z) nor to any Writ, Bill, Aftion or Information upon any Penal Statute, other than con- "fher'^tTan fo"'" cerning Cuftoms and Subfidies of Tonnage and Poundage; any Thing in. this Aft contained to the con- Cuftoms and trary thereof in any wife notwithftanding. , . i : ■ Subfidies. ' 111. And be it further enafted by the Authority aforefaid, That from and after the twentieth Day. of in what Cafes March An the Year of our Lord one thoufand fix hundred fixty and four,a}P Execution' fhall be flayed in Execution dial! any of the aforefaid Courts by Writ of Error or Superfedeas thereupon, after Verdift and Judgment there- y/Ht of'^Error^ upon, * '