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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A45966 An act for avoiding of vexatious delays, caused by removing actions and sutes out of inferior courts ; An act for redress of certain abuses, in making pewter and brass Ireland. 1697 (1697) Wing I300; ESTC R39281 6,098 13

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AN ACT For Avoiding of Vexatious Delays CAUSED By Removing Actions and Sutes OUT OF Inferior Courts AN ACT For Redress of certain ABUSES IN MAKING Pewter and Brass DUBLIN Printed by Andrew Crook Printer to the King 's Most Excellent Majesty on Cork-Hill near Copper-Alley 1697. An ACT for avoiding of Vextious Delays caused by Removing Actions and Sutes out of Inferior Courts CHAP. XXXVIII WHEREAS there now are and long time have beén divers Courts of Record and divers Cities Liberties Towns Corporate and elsewere some of them being far remote from Dublin which were principally obtained for the Ease and Quiet of such as should have occasion to Sue there for Debts and Wrongs so that they might with small Expences Receive Iustice according to the Merits of their Causes in those Inferior Courts without being Compelled to Travel to Dublin but of late divers of His Majesty's Subjects having for Iust and True Debts and other Good and Lawful Causes commenced Sutes in such Inferior Courts and Prosecuted their Actions and Sutes many times ready for Tryal and the same Causes being for the most part of small value have beén Removed into some of His Majesty's Courts at Dublin and being remanded by Procedendo into the same Inferior Courts where the Action or Sute was first commenced the same having beén again often times Removed into the same or other of His Majesty's Courts at Dublin to the Intollerable delay of Iustice and great Expences of Money and Loss and Trouble to those which Iustly and Honestly by such Actions and Sutes have sought only to Recover or get Satisfaction for Debts Duties or Wrongs Owing Due or Done unto them 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 the Authority of the same That no Writ or Writs of Habeas Corpus Certiorari or any other Writ or Writs Process or Processes whatsoever other then Writs of Error or Attaint to be Sued forth after the Twentieth Day of November next which will be in this present Year of our Lord One thousand Six hundred Ninety seaven by any person or persons whatsoever out of or from any of His Majesty's Courts at Dublin or out of any other Court or Courts having or pretending to have power to Award such Writs or Processes to stay or remove any Action Bill Plaint Sute or Cause Brought Commenced or Depending or hereafter to be Brought Commenced or Depending in any Court or Courts of Record within any City Liberty Town Corporate or elsewhere which have or shall have Iurisdiction Power or Authority to hold Plea in that Action Bill Plaint Sute or cause the same cause of Action Bill Plaint or Sute arising or growing within the said City Liberty Town Corporate or Iurisdiction shall after the said Twentieth day of November next be Received or Allowed by the Steward Iudge or Iudges or Officer or Officers of the Court or Courts wherein or to whom any such Writ or Writs shall be Directed and Delivered but that he and they shall and may proceéd in the said Cause or Causes as though no such Writ or Writs were Sued forth or Delivered to him or them Except that the said Writ or Writs be Delivered to the Steward or Stewards Iudge or Iudges Officer or Officers of the said Court before Issue or Demurrer joyned in the said Cause or Causes so Depending or to be Depending in such Court of Record in any City Liberty Town Corporate or elsewhere having Power to hold such Plea so as the said Issue and Demurrer be not joyned in Six Weéks next after the Arrest or Appearance of the Defendant or Defendants to such Action or Sute commenced And be it further Enacted by the Authority aforesaid That if any such Action Bill Plaint Sute or Cause which is or shall hereafter be brought Commenced or Depending in any such Court of Record in any City Liberty Town Corporate or elsewhere shall after the said Twentieth Day of November next be removed or stay'd by any such Writ or Writs Process or Processes to be Sued forth out of any of His Majesty's Courts at Dublin or any other Court as aforesaid That if afterwards the fame Action Bill Plaint Sute or Cause shall be remanded or sent back again by any Writ or Writs of Procedendo or other Writ whatsoever that then the said Action Bill Plaint Sute or Cause shall never afterwards be removed or stay'd before Iudgment by any Writ or Writs whatsoever to be Sued forth out of any of His Majesty's said Courts at Dublin or any other Court as aforesaid any Law Statute Custom Vsage or Restraint to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That if any Action Bill Plaint Sute or Cause not concerning Freé-hold or Inheritance or Title of Land Lease or Rent which shall be Brought Commenced or Depending in any such Court of Record or any City Liberty Town Corporate or elsewhere if it shall appear or be laid in the said Declaration that the Debt Damages Things Demanded doth or shall not Amount to or exceéd the Summ of Five Pounds that then such Action Bill Plaint Sute or Cause shall not be stay'd nor be removed into any of His Majesty's Courts at Dublin or other Court as aforesaid by any Writ or Writs whatsoever to be Sued or Prosecuted forth or out of His Majesty's said Courts at Dublin or other Courts as aforesaid other then Writs of Error or Attaint any Law Statute Vsage Custom or Restraint to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That if any Writ or Writs whatsoever shall be after the said Twentieth Day of November next Granted or Sued forth out of any His Majesty's Courts at Dublin or other Court contrary to the meaning of this present Act that then it shall and may be Lawful to and for the Iudge or Iudges and Officer or Officers to whom such Writ or Writs shall be Delivered to Disallow and Refuse the same and to Proceéd as if no such Writ or Writs had beén Granted or Sued out or forth as aforesaid any Law Statute Vsage Custom or Restraint to the contrary in any wise notwithstanding And whereas some persons have doubted whether an Act made in the Tenth Year of the Reign of King Charles the First Intituled An Act for Expedition of Justice in Cases of Demurrers c. And one other Act made in the said Tenth Year of the said King Charles the First Intituled An Act for the Reformation of Jeofailes c. Extend to Inferior Courts of Record And whereas an Act made in the Thirty Third Year of the Reign of King Henry the Eighth Intituled An Act touching Mis-impleading and Jeofailes And an other Act made in the said Tenth Year of the said King Charles the First Intituled An Act for avoiding