Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	defendant_n	plaintiff_n	3,071	5	10.8111	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A53384	The opinion of the judges upon the clause in the Act of 22 & 23 Car. II. Regis cap. 9. for giving no more costs than damages, delivered at Serjeants-Inn in Chancery-lane, London, in Trinity term. Anno 23. Ejusdem regis	Hale, Matthew, Sir, 1609-1676.	1688 (1688)	Wing O352A; ESTC R218230	1,203	1

The Opinion of the JVDGES upon the Clause in the Act of 22 23 Car. II. Regis cap. 9. for giving no more Costs than Damages delivered at Serjeants-Inn in Chancery-lane London in Trinity Term. Anno 23. Ejusdem Regis The Clause in the Act. AND for Prevention of trivial and vexatious Suits in Law whereby many good Subjects of this Realm have been and are daily undone contrary to the intention of an Act made in the 43 year of Queen Eliz. for avoiding of infinite numbers of small and trivial Suits commenced in the Courts at Westminster Be it farther Enacted for making the said Law Effectual that from and after the first of May aforesaid In all Actions of Trespass Assault and Battery and other personal Actions wherein the Iudge at the Trial of the cause shall not find and certifie under his hand upon the back of the Record That an Assault and Battery was sufficiently proved by the Plaintiff against the Defendant or that the Freehold or Title of the Land mentioned in the Plaintiffs Declaration was chiefly in question The Plaintiff in such Action in case the Iury shall find the Damages to be under the value of forty shillings shall not recover or obtain more Costs of Suit than the Damages so found shall amount unto And if any more Costs in any such Action shall be Awarded The Iudgement shall be void and the Defendant is hereby acquitted of and from the same and may have his Action against the Plaintiff for such vexatious Suits and recover his Damages and Costs of such his Suit in any of the said Courts of Record The JVDGES Opinion I. That Actions of Debt are not within this Clause II. That no Action upon the Case sur Assumpsit Account or other personal Actions other than for Assault and Battery or voluntary Trespass where the Title comes not nor cannot come in Question is within this Clause III. That the Judge is bound to Certifie on Actions of Assault and Battery where the Jury shall find Damages to Ten Shillings or less That the Battery is sufficiently proved otherwise the Plaintiff is to have no more Costs than Damages IV. That if the Defendant pleads son Assault Demesne and the Jury find it ad Dampnum Querentis The Certificate must be that the Jury find by the Defendants plea That the Battery is admitted and sufficiently proved V. That if an Assault be proved and no Battery There needs no Certificate VI. That in case of a Certificate where it is requisite it must be Indorsed on the pannel or Nomina Jur ' with the Judges hand to it immediately after the Trial and the Certificate is to be That the Battery is fully proved VII That the Clause extends onely where Damages are onely to be recovered and not in Debt because Debt is not within the words although the Debt be under Forty Shillings it is all one it needs no Certificate VIII That in all Actions for a Common a Way a Nusance Lights Water-courses c. The Judges may Certifie because the Freehold may come in Question although it be not mentioned in the Declaration IX That the Clause extends not to Judgements by default or Writs of Inquiry of Damages Trinity Term. MDCLXXI Matthew Hale Tho. Twysden Ri. Raynsford Will. Moreton Io. Vaughan Tho. Tyrrill Io. Archer Will. Wylde Edw. Turner Hugh Wyndham Chr. Turner T. Littleton March 31. 1688. This may be Printed R. WRIGHT LONDON Printed for William Canning at his Shop adjoyning to the Temple Cloysters 1688.