Page:Ruffhead - The Statutes at Large - vol 4.djvu/258

2o6 C. i6. • Anno quarto Ann ^ Reginje. A. D. 1705. All Statutes of H. And bc it further enafted by the Authority aforefaid, That from and after the faid firft Day of Jeofails to be ex. <j'^if,jfy Xerm, all the Statutes of Jeofails fhall be extended to Judgments which fliall at any Time after- . incnts upon N^- ^^r^s be entered upon Confeflion, Nihil dicit, or Non fum informatus, in any Court of Record ; and no hil dicit, &c. fuch Judgment (hall be reverfed, nor any Judgment upon any Writ of Enquiry of Damages executed No fuch Judg- thereon be ftaid or reverfed, for or by reafon of any Imperfeftion, Omiflion, Defe£t, Matter or Thing menttobere- whatfoever, which would have been aided and cured by any of the faid Statutes of Jeofails in cafe a' ■serfed. Verdift of twelve Men had been given in the faid Adlion or Suit, fo as there be an original Writ or Bill, . and Warrants of Attorney duly filed according to the Law as is now ufed, -3 When Warrants jjj_ Pj-Qvided always, and be it enafted by the Authority aforefaid, That the Attorney for the Plain-1 ^^gj"""^^ tifF, or Demandant in any A6tion or Suit, fhall file his Warrant of Attorney with thje proper Officer ofl the Court where the Caufe is depending the fame Term he declares ; and the Attorney for the Defendant'! or Tenant fhall file his Warrant of Attorney as aforefaid, the fame Term he appears, under the Penal- ties inflifted upon Attornies by any former Law for Default of filing their Warrants of Attorney. Befendant.^&c, jy_ ^„j j^g jj further enaded by the Authority aforefaid, That from and after the faid firft Day of veral'Matters. Trimtj Term it fliall and may be lav^^ful for any Defendant or Tenant in any Adioii or Suit, or for any Plaintiff in Replevin, in any Court of Record, with the Leave of the fame Court, to plead as many . feveral Matters thereto, as he fhall think neceflary for his Defence. roTs "^ _V. Provided neverthelefs. That if any fuch Matter fhall upon a Demurrer joined, be judged infuffi- cient, Cofts fliall be given at the Difcretion of the Court ; or if a Verdi£l fhall be found upon any IlTue in the faid Caufe for the Plaintiff or Demandant, Cofts fhall be alfo given in like Manner, unlefs the Judge, who tried the faid Iffue, fhall certify, that the faid Defendant, or Tenant, or Plaintiff in Re- plevin, had a probable Caufe to plead fuch Matter which upon the faid Iffue fliall be found againfl: him. Venire facias ' VI. And whereas great Delays do frequently happen in Trials, by reafon of Challenges to the Arrays how to be c ^p Panels of Jurors, and to the Polls, for Default of Hundredors :' For Prevention thereof for the awar c . future, be it enacted by the Authority aforefaid. That from and after the faid firft Day of Trinity Term, every Venire facias for the Trial of any Iffue, in any Action or Suit in any of her Majefty's Courts of Record at Wejhninfter^ fhall be awarded of the Body of the proper County where fuch Iffue is triable. W^^'Ta"^! Provided always, and be it enacted by the Authority aforefaid. That nothing in this Act before of'^Felony or"" contained, fhall extend to any Writ, Declaration, or Suit of Appeal of Felony or Murder, or to any Murder, &-c. Indiftment or Prefentnient of Treafon, Felony or Murder, or other Matter, or to any Procefs upon any of them, or to any Writ, Bill, Aftion or Information upon any Penal Statute. Where Jurors VIII. And be it further enaiSled by the Authority aforefaid. That from and after the faid firfl Day of L7nds &xT Trinity Term in any Actions brought in any of her Majefty's Courts of Record at Wejhninjler, where it, Court'may 'order fiiall appear to the Court in which fuch Adions are depending, that it will be proper and necelTary, that Special Writs of the Jurors who are to try the Illues in any fuch Adlions, fhould have the view of the Meffuages, Lands,- Piftringas or or Place in Queflion, in order to their better underftanding the Evidence that will be given upon the Habeas Corpora. Xrials of fach lifues, in every fuch Cafe the refpe£live Courts in which fuch Actions fliall be depending, may order Special Writs of Dijiringas or Habeas Corpora to iffue, by which the Sheriff, or fuch other OfHcer to whom the faid Writs ihall be direited, fhall be commanded to have fix out of the firft twelve of the Jurors named in fuch Writs, or fome greater Number of them, at the Place in Queftion, fome con- venient Time before the Trial, who then and there fliall have the Matters in Queftion fhewn to them by two Perfons in the faid Writs named, to be appointed by the Court ; and the faid Sheriff, or other Officer, who is to execute the faid Writs, fliall, by a fpecial Retorn upon the fame, certify that the View hath been had according to the Command of the faid Writs. All Grants and j^. And be it further enacted by the Authority aforefaid. That from and after the faid firft Day of ^onveyances. Trinity Term, all Grants or Conveyances thereafter to be made, by Fine or otherwife, of any Manors . without Attorn- or Rents, or of the Reverfion or Remainder of any Meffuages or Lands, fhall be good and effedtual, to jnent of Tenants, all Intents and Purpofes,- without any Attornment of the Tenants of any fuch Manors, or of the Land out of which fuch Rent fhall be iffuing, or of the particular Tenants upon whofe particular Eftates any fuch Reverfions or Remainders fhall and may be expedtant or depending, as if their Attornment had been had and made. Provifo. X, Provided neverthelefs, That no fuch Tenant fliall be prejudiced or damaged by Payment of any Rent to any fuch Grantor or Conufor, or by Breach of any Condition for Nonpayment of Rent, before Notice fhall be given to him of fuch Grant by the Conufee or Grantee. No dilatory Plea ^L And be it further ena(a:ed by the Authority aforefaid. That from and after the faid firft Day of to be received ffiyjjfy Term, no dilatory Plea fliall be received in any Court of Record, unlefs the Party offering fuch davit! °" ' ' Pisa, do, by Affidavit, prove the Truth thereof, or fhew fome probable Matter to the Court to induce them to believe that the Faft of fuch dilatory Plea is true. AaionofDebt 'Xll. And be it further enacted by the Authority aforefaid. That from and after the faid firft Day of brought on fingle yy/^/^^ Term, where any Ailion of Debt fhall be brought upon any fingle Bill, or where Adion of Debt, nient°aft"r Mo- Or Scire facias-, fhall be brought upon any Judgment, if the Defendant hath paid the Money due upon pey pad, fuch fuch Bill or Judgment, fuch Payment fliall and may be pleaded in Bar of fuch Action or Suit, and where Payment may be gn Aftion of Debt is brought upon any Bond which hath a Condition or Defeazance to make void the pleaded in Ear, f^jj^g upon Payment of a leffer Sum at a Day or Place certain, if the Obligor, his Heirs, Executors or Adminiftrators, have, before the Aftion brought, paid to the Obligee, his Executors or Adminiftra- The likeon tors, the Principal and Intereft due by the Defeazance or Condition of fuch Bond, though fuch. iSo.iQS. Paynient vvas not made ftritlly according to the Condition or Defeazance ; yet it fhall and may ne- verthelefs be pleaded in Bar of fuch Aftion, and fhall be as effeftual a Bar thereof, as if the Money had: been pajd at the Day and Place according to the Condition or Defeazance, and had been fo pleaded. 3fIIL^An4