Selected quad for the lemma: cause_n
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A45988
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An act for the preventing frivolous, and vexatious law-sutes and giving remedy to the parties grieved, to recover their costs at law, in certain cases, where heretofore no costs were given.
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Ireland.
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1697
(1697)
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Wing I321; ESTC R39290
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7,324
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15
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AN ACT For the Preventing FRIVOLOUS AND VEXATIOUS Law-Sutes AND Giving Remedy to the Parties Grieved to Recover their Costs at Law in certain Cases where heretofore no Costs were given DVBLIN Printed by Andrew Crook Printer to the King 's Most Excellent Majesty on Cork-Hill near Copper-Alley MDCXCVII An ACT for the Preventing Frivolous and Vexatious Law-Sutes and giving Remedy to the Parties Grieved to Recover their Costs at Law in certain Cases where heretofore no Costs were given CHAP. XXXV WHEREAS it is found by daily Experience in the Courts at Law that divers Malicious and Evil Disposed persons on purpose without any just Cause of Sute do make several Innocent persons Defendants joyntly with others against whom they conceive they have good Cause of Action and so tho' such Innocent person or persons so joined in the said Action shall be found not Guilty and Acquitted of the said Action Yet if any of the other Ioint Defendants shall be found Guilty and a Verdict pass against them by the Common Laws of this Realm such Defendant or Defendants so Acquitted after all his or their Trouble and Expence in Defending such Action is without Remedy to recover any Costs of Sute against such Plantiffs for such his or their unjust Vexation contrary to all Reason and Iustice 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 Authority of the same That from and after the First Day of May which shall be in the Year of Our Lord God One thousand Six hundred and Ninety eight if any person or persons shall be made Defendant or Defendants with others in any Action Sute or Plaint in Trespass Quare Clausum fregit or Trespass of Assault and Battery and such person or persons so joyned in such Action shall upon Tryal of the same be Acquitted by Verdict altho' the other Defendant or Defendants in such Action shall be found Guilty and a Verdict pass against him or them therein every such person and persons so Acquitted shall have and Recover his and their Costs of Sute for such his and their unjust Vexation as if a Verdict had beén given against such Plantiff or Plantiffs or a Verdict had been given for all the Defendants in such Action unless the Iudge or Iudges before whom such Cause shall be Tryed shall immediately after the Tryal thereof in open Court Certifie upon the Record under his Hand that there was a reasonable Cause for the making such person or persons Defendant or Defendants to such Action or Plaint And whereas by the Law as it now stands no Costs of Sute can be awarded or given to any person or persons in any Action that shall happen to recover or have any Iudgment given for him upon any Demurrer in Law by reason whereof many contentious persons make use of such manner of Delays on purpose to keép others from their Iust Right or otherwise intending thereby to weary them into some small Composition for what is really due unto them For Remedy whereof be it further Enacted That if it at any time from and after the said First Day of May any person or persons who shall Commence or Prosecute any Action or Plaint in any Court of Record whereupon any Demurrer or Demurrers shall be joyned by any Plantiff or Defendant Demandant or Tennant in any suth Sute or Sutes he or they for whom Iudgment or Iudgments shall be given upon any such Demurrer or Demurrers shall have and recover his and their Costs of Sute to be awarded by the Court in such like manner as if such Iudgment or Iudgments had beén given or recovery had by such party or parties upon Action tryed by Iury and Verdict passed for such party therein and that if any person or persons from and after the First Day of May as aforesaid shall obtain such or any other Iudgment or Iudgments in any His Majesty's Courts of Record in this Kingdom or any the Courts of the County Palatine of Tipperary and the person or persons against whom such Iudgment or Iudgments shall be so given shall in delay of Execution thereupon and with intent to annul such Iudgment or Iudgments Sue forth any Writ or Writs of Error and afterwards the said Iudgment or Iudgments shall be Affirmed or the said Writ or Writs of Error Discontinued or the Plantiff or Plantiffs therein become Non-sute that then and in every such Case the party or parties against whom such Writ or Writs shall be so brought shall recover his and their Costs and Damages at the discretion of the Iustices before whom such Writ or Writs shall be so Sued and to have Execution for such his or their Damages or Costs so recovered by Writs of Capias ad Satisfaciendum Fieri Facias or Elegit or any of them at the Election of such Party or Parties for whom such Damages and Costs shall be so awarded And whereas by the Laws of this Realm no Costs of Sute are Recoverable in any Action of Waste or Debt to be brought upon the Statute for not setting forth of Tiths nor in any Writ of Scire Facias or Prohibition which hath beén found very Mischievous and Prejudicial to the Sutors in such Actions and to such Persons as for the recovering their just Rights have beén Forced to Sue forth the same For Reformation whereof for the future Be it further Enacted by the Authority aforesaid That from and after the First day of May aforesaid if any person or persons bring any Action of Waste or Action of Debt upon the Statute for not setting forth of Tyths in which said several Actions the Single Value or Damage Found by the Iury or Iuries in any such Action shall not exceéd the Summ of Threé pounds the Plantiff or Plantiffs recovering either by Iudgment upon Verdict or Demurrer in such Action or Actions shall likewise have and recover his and their Costs of Sute at the like Discretion of the Iustices before whom such Writ or Writs shall be brought and Iudgment or Iudgments therein given as also if any person or persons shall after the time aforesaid Sue forth any Writ or Writs of Scire Facias or Commence any Sute or Sutes in prohibition and recover and have Iudgment in the same either by Verdict or upon Demurrer every such Plantiff or Plantiffs so recovering shall likewise have and recover his and their Costs of Sute in such Action or Actions at the Discretion of the Iustices before whom such Recovery shall be so had and if it shall happen in any the Sutes aforesaid that the Plantiff or Plantiffs in such Action or Actions shall become Non-Sute or Verdict or Verdicts pass against him or them in such Sute or Action or he or they shall discontinue such his or their Sute or Action Then in all such Cases the Defendant or Defendants in such Action or
Actions shall have and recover his and their Costs of Sute in such manner as such Plantiff or Plantiffs should have done if he or they had Recovered and had Iudgment given for them in such Action or Actions as aforesaid any Law Custom Practice or Vsage to the contrary thereof in any-wise notwithstanding And that in all the Actions aforesaid where any of the party or parties to the same shall so recover their Costs of Sute it shall and may be Lawful to and for them or any of them to Sue forth Execution for such his or their Costs by Writs of Capias ad Satisfaciendum Fieri Facias or Elegit as aforesaid And for the preventing Willful and Malicious Trespasses to be brought for the future Be it further Enacted that from and after the First day of May aforesaid in all Actions of Trespass to be Commenced and Prosecuted in any of His Majesty's Courts of Record at Dublin wherein at the Tryal of the Cause it shall appear and be Certified by the Iudge or Iudges before whom such Cause shall be Tryed under his or their Hands on the back of the Record that the Trespass upon which any Defendant shall be found Guilty was Willfully and Maliciously committed In every such Case the Plantiff shall not only recover his Damages assessed by the Iury but his full Costs of Sute to be Taxed for him by the Direction of the Court where such Action shall be Tryed Provided nevertheless That no Alteration of the same shall be made in any the Cases aforesaid where any Executor or Administrator shall be Defendant in any the Actions or Sutes aforesaid so at any time hereafter to be brought against them but that in all such Cases they shall not be lyable or subject to payment of any Costs of Sute otherwise or in any other manner then as the Law now requires And for the preventing the Abatement and Discontinuance of Process for the future in certain Cases and the helping the Law in the particulars following Be it likewise Enacted by the Authority aforesaid That in all Actions to be Commenced or brought in any Court of Record within this Kingdom from and after the First day of May aforesaid if it shall happen that any person or persons being Plantiff or Plantiffs in such Action or Actions shall die after he or they shall have obtained any Interlocutary Iudgment or Iudgments in such Action or Actions and before a full and final Iudgment or Iudgments given therein the Death of such Plantiff or Plantiffs shall not abate such Action or Actions or hinder the further proceédings of such Cause but that notwithstanding such dying of such Plantiff or Plantiffs his or their Executors or Administrators may proceéd to Final Iudgment against the Defendant or Defendants in such Action or Actions as is hereafter set forth If such Action or Actions shall happen to be such as by Law may or might have beén Commenced or Maintained Originally by any Executor or Administrator as such Plantiff or Plantiffs aforesaid might have done if alive And if it shall happen that in any such Action or Actions the Defendant or Defendants in the same shall die after such Interlocutary and before such Final Iudgment or Iudgments obtained as aforesaid such dying shall not abate such Action or Actions but that then notwithstanding the Death of such Defendant or Defendants it shall and may be Lawful to and for such Plantiff or Plantiffs in such Action or Actions it Living and if Dead his Executor or Administrator to Prosecute such their Action or Actions against the Executors or Administrators of such Defendant or Defendants and proceéd against them to Final Iudgment therein as is likewise hereafter in that behalf set forth and provided as if the said Defendant or Defendants themselves had beén Living if such Action or Actions be such as may or might by Law be Originally brought and prosecuted against an Executor or Administrator And that in Case of the Death of such Plantiff or Plantiffs as aforesaid it shall and may be Lawful to and for his and their Executors or Administrators or any of them to Sue forth and Prosecute one or more Writ or Writs of Scire facias against the Defendant or Defendants in such Action or Actions if then Living or if Dead against the Executors or Administrators of such Defendant or Defendants for Reviving and Continuing such Sute or Sutes till Iudgment final shall be given therein and in Case of the Death of such Defendant or Defendants as aforesaid it shall and may be lawful to and for such Plantiff or Plantiffs if living and if Dead his or their Executors or Administrators or any of them in like manner to Sue forth and Prosecute one or more Writ or Writs of Scire Facias against the Executors or Administrators of such Defendant or Defendants for Reviving and Continuing such Sute or Sutes till Iudgment final shall be given therein as aforesaid the Effect of which said Writ or Writs of Scire Facias shall be for the party or parties against whom the same shall be Awarded to shew cause why notwithstanding such the Death of any the parties to such Sute or Sutes aforesaid The Plantiff or Plantiffs in the said Writ or Writs of Scire Facias his or their Executors or Administrators should not proceéd to Iudgment final therein for the Recovery of such Debt or Damage for which such Action or Actions was at first brought And if at the Return of such Writ or Writs of Scire facias the Defendant or Defendants named therein shall appear but not shew sufficient Cause to stay or Arrest the Iudgment final or in default of such Appearance it shall be Returned that such Defendant or Defendants were duly Warned or after Two such Writs of Scire Facias returned it be returned that the said Defendant or Defendants could not be found in the Bailiwick where such Summons Issued or that they had nothing in the said Bailiwick by which they or any of them could be Summoned that then in every such Case One or more Writ or Writs of Inquiry of Damage shall be Awarded for the Plantiff or Plantiffs in such Writ or Writs of Scire Facias against such Defendant or Defendants therein named upon return of which said Writ or Writs of Inquiry duly Executed Iudgment final shall be given for every such Plantiff or Plantiffs against every such Defendant or Defendants in such Writ or Writs of Scire Facias as aforesaid And be it further Enacted for the Purposes aforesaid That if at any time after the time Limitted as aforesaid Two or more persons shall be Ioyntly Plantiffs in any Action or Actions against Two or more persons likewise Ioyntly named Defendants therein the Death or Deaths of One or more of such Plantiff or Plantiffs or such Defendant or Defendants shall not abate such Writ or Writs in such Action or Actions but that the same being suggested upon the Roll or Record of such