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cause_n action_n defendant_n plaintiff_n 3,071 5 10.8111 5 true
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A66659 The exact constable with his original & power in the offices of church wardens, overseers of the poor, surveyors of the highwayes, treasurers of the county stock, and other inferior officers as they are established, both by the common laws and statutes of this realm. By E.W. of Grays-Inn Esq; Wingate, Edmund, 1596-1656. 1660 (1660) Wing W3013; ESTC R219589 31,098 183

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persons to their discouragement in the execution or doing their offices it is enacted by the said 7 Jac. cap. 5. that if any Action Bill or Suite account on the case Trespass Battery or false Imprisonment shall be brought after fourty days next after the end of that Session of Parliament in any of his Majesties Courts at Westminster or elsewhere against any Justice of Peace Mayor Bayliff of any City or Town Corporate Head-burrow Constable Tything-man Collector of Subsidy or Fifteens for or concerning any matter or cause by them or any of them done by vertue of their or any of their office or offices that it shall be lawful to or for any such Justice of Peace Mayor Bayliff Constable or other Officer or Officers before named and all others that in in their aid and assistance or by their commandment shall do any thing touching or concerning his or their Office or Offices to plead the general issue that he or they are not guilty and to give such special matter in evidence to the Jury that shall try the same which special matter being pleaded had been a good and sufficient matter in Law to have discharged the said defendant or defendants of the trespass or the other matter laid to his or their charge and that if the verdit shall pass with the said defendant or defendants in any such actions or the Plaintiff or Plaintiffs become Nonsuite or suffer any discontinuance thereof that in every such case the Justice or Justices or other Judges before whom the said matter shall be tryed shall by force and vertue of this Act allow unto the defendant or defendants his or their double costs which he or they shall have sustained by reason of their wrongful vexation in defence of the said Action or Suite for which the defendant or defendants shall have like remedy as in other cases where costs by the Laws of this Realm are given to the defendants And this Act is to continue for seven years and from thence to the end of the next Parliament after the said Parliament The other Statute being 21 Jac. cap. 12. declares the afore recited Statute of 7 Jac. cap. 5. to be perpetual And that all Church-wardens and all persons called Swornmen executing the office of Church-wardens and all overseers of the Poor and all others which in their aide and assistance or by their commandment shall do any thing touching his or their Office or Offices shall hereafter be enabled to receive and have such benefit and help by vertue of the said Act to all intents and constructions and purposes as if they had been specially named therein And whereas notwithstanding by the said Statute the Plaintiff is at liberty to lay his account which he shall bring against any Justice of Peace or other Officer in any forrain County at his choice which hath proved very inconvenient unto sundry of the Officers and persons aforesaid that have been impleaded by some contentions troublesome persons in Counties far remote from their places of habitations It is enacted by this Statute that if any Action Bill Plaint or Suit upon the case Trespass Battery or false Imprisonment shal be brought after the end of this Session of Parliament against any Justice of Peace Mayor or Bayliff of City or Town Corporate Head-borrow Constable Tythingman Collector of Subsides or Fifteens Church-wardens and persons called Swornmen executing the Office of Church-wardens or Overseers of the Poor and their Deputies or any of them or any other which in their aid and assistance or by their commandment shall do any thing touching or concerning his or their Office or Offices for or concerning any matter cause or thing by them or any of them done by vertue or reason of their or any of their Office or Offices That the said Account Bill Plant or Suit shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere And that it shall be lawful to and for all and every person and persons aforesaid to plead there unto the general issue that he or they are not guilty and to give in such special matter in evidence to the Jury which shall try the same as in and by the said former Act is limited and declared And that if upon the tryal of any such Action Bill Plant or suit the Plantiff or Plantiffs therein shall not prove to the Jury which shall try the same that the Trespass Battery Imprisonment or other fact or cause of his her or their such accounts Bill Plant or Suit was or were had made committed or done within the County where such account bill plant or suit shall be laid That then in every such case the Jury which shall try the same shall find the defendant and defendants in every such Account Bill Plant or Suit not guilty without having any regard or respect to any evidence given by the Plaintiff or Plantiffs therein touching the Trespass Battery Imprisonment or other cause for which the same Account Bill Plant or Suit is or shall be brought And if the verdict shall pass with the defendant or defendants in any such Account Bill or Plaint or Suit or the Plantiff or Plantiffs therein become Non-suit or suffer any discontinuance thereof that in every such case the defendant or defendants shall have such double costs and all other advantages and remedies as in and by the said former Act is limited directed and provided