Selected quad for the lemma: cause_n
Text snippets containing the quad
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A45966
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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
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Ireland.
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1697
(1697)
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Wing I300; ESTC R39281
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6,098
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13
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Unnecessary Delays of Execution And an other Act made in the Seaventeénth and Eighteénth Years of King Charles the Second Intituled An Act to prevent Arrests of Judgment and Superseading Executions are found by Experience to be Good and Beneficial Laws but do not Extend to the said Inferior Courts To the end thereof that all His Majesty's Subjects may have the full Benefit and Advantage of so Good Laws Be it Enacted by the Authority aforesaid That all the several above-mentioned Acts shall from the said Twentieth Day of November next be and be Construed to be in Force in all Inferior Courts of Record in this Kingdom and shall be as Effectual and as duly observed in all the said Inferior Courts as if the said Inferior Courts had beén particularly named and expressed in the several above-mentioned Acts. And whereas in County Courts Mannor Courts and other Inferior Courts where shall Actions of Debts and Damages under Forty Shillings are Tryed sufficient Encouragement cannot be given to Attorneys or other persons Skilled in the Law of this Realm to practice so that the Pleadings and Proceédings in the said Courts are not so Formal as by Law they ought to be for the Ease of the Subject Be it Enacted by the Authority aforesaid That in all the said Inferior Courts which have Power to Try Actions under Forty Shillings and no more that the Proceédings and Pleadings may be in English and shall not for that or any other Defect in Form be Quashed or Vacuated if the same be Removed by Writ of False Iudgment or otherwise into any of His Majesty's Courts of Record any Former Law Custom Statute or Vsage to the contrary notwithstanding An ACT for Redress of certain Abuses in Making Pewter and Brass CHAP. XXXIX WHEREAS there is much Pewter and Brass Made Wrought and Vended within this Kingdom which is not of such Fine Mettal and such perfect Goodness as the same ought to be and is Made Wrought and Vended oftentimes by very Vnskillful persons who understand not the True Making and Working of such Metals or by other persons who use the said Art Deceitfully all which Tends much to the prejudice of His Majesty's Subjects who have occasion to Buy and make Vse of Pewter and Brass 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 January next which will be in the present Year of Our Lord One thousand Six hundred and Ninety seaven no person or persons using the Craft or Trade of Pewters and Brasiers or who Buy Sell Trade or Deal in the same within this Realm shall Sell or Change any Pewter or Brass New or Old at any place or places save only in open Faires and Markets or in their own Publick Shops and Dwelling Houses upon pain that every person and persons Acting contrary hereunto shall for every such Offence Forfeit and Lose the Summ of Forty Shillings the one half to go and be to the use of the Poor of the Parish where such Offence shall be Committed the other half to the person or persons that shall Seize Find or Prosecute for the same And be it further Enacted by the Authority aforesaid That no person or persons from and after the said First day of January next shall at any place or places within this Realm Cast Make or Work any new Pewter or Brass Vessel but such as shall be of as good Fine Metal as is the Pewter and Brass Cast and Wrought after the perfect Goodness required for the same within the City of London upon pain of Forfeiture of all and every such Pewter and Brass Vessel and Vessels so Cast Made and Wrought contrary thereunto the one half of such Forfeiture to be to the use of the Poor of the Parish where such Offence shall be Committed the other half to the use of the Finder Discoverer and Prosecutor for the same which said Offences shall be Examined Heard and Determined in all Cities and Corporate Towns by and before the Mayor Bailiff Soveraign Portreéve or other head Officer of such City or Town Corporate and in all other places by and before two Iustices of the Peace of the respective Counties where such Goods shall be so Seized as aforesaid who are hereby Authorized and Required to Examine the said Matters on Oath of One or More Witnesses which Oath they are hereby Authorized to Administer and to Hear Determine and give Iudgment thereupon for the Forfeiture of such Goods to the Vses aforesaid or otherwise for Discharging and Restoring the same as they shall seé cause which said Iudgment so given such Mayor Bailiff Iustices of the Peace or other Officer are hereby Required to Return and Certifie to the Iustices of the Peace at the next quarter-Quarter-Sessions to be held for such City Town Corporate or County respectively to the Intent that the same may be there Entred of Record Provided always That no Pewter and Brass shall be so Seized or Forfeited save only such as shall at the time of such Seizure be in the possession of some Pewterer or Brasier or other person using the said Trade or Mistery or Selling such Pewter or Brass or of some person or persons in Trust for him or them and not such as shall be in the possession of any other person not using such Trade or Mistery as the proper Goods of such other person And be it further Enacted by the Authority aforesaid That no manner of person or persons of what Degreé or Condition soever he or they be from and after the said First day of January next shall make any Hollow Wares That is to say Salts and Pots or the like of Pewter called Lay-Metal which shall be of courser or worse Metal then according to the Assize of Lay-Metal Wrought within the City of London and that the Makers of such Wares shall make the same Wares with several and partâ—cular Marks of their own to the intent that the Makers of such Wares shall avow the same and such Wares may appear to be made by them and that all and every such Wares not so sufficiently Made Wrought or Marked in Form aforesaid found in the possession of the same Maker or Seller shall be Seized as Forfeited and if the same Ware be Sold before such Seizure then the said Maker shall Forfeit the Value of the same Ware so Vnlawfully Wrought and Sold the One half of such Forfeiture to be the Vse of the Poor of the Parish where such Offence shall be Committed and the other half to the Vse of the Finder or Finders Searcher and Prosecutor for the same such Offences to be Examined Heard and Determined as aforesaid And be it further Enacted by the Authority aforesaid That if any person or persons after the said First Day of January next Vsing Buying and Selling of Pewter and Brass shall have or make use of any Deceitful or False Beams or Weights such person or persons shall for every such Offence Forfeit the Summ of Five Pounds the one half to the Poor of the Parish where such Offence shall be Committed the other half to the person or persons Finding Discovering Prosecuting for the same such Prosecution to be before such respective persons and in like manner as for the other Offences against this Act before mentioned And such persons are hereby respectively Authorized and Required to Act therein as in cases of such other Offences and if the said Offender or Offenders shall not be sufficient to pay the said Summ or Summs so by him or them Forfeited that then it shall and may be Lawful to and for such person or persons respectively before whom such Offences shall be Tryed to put such Offender in the Stocks for the space of Two Hours and after to continue him in Custody until the next Market Day for the place where such Offence shall be committed and then in the open Market place during the chief time of such Market to put and continue him with his Head in the Pillory for the space of our Hour And be it further Enacted by the Authority aforesaid That it shall and may be Lawful to and for the Master and Wardens of the said Crafts of Pewterers and Brasiers within every City and Burough within this Realm where such Master and Wardens are and where such Master and Wardens are not then to and for the Head Officer and Magistrates of the said City and Burough to appoint certain persons most expert in knowing of the same to make Search in Cities and Buroughs where they dwell for and after such Offenders and him or them to Apprehend or Cause to be Apprehended and also to Seize such Goods as they shall justly suspect to be made contrary to this Act and Lyable to be Seized by Vertue thereof and forthwith to bring such Offenders and Goods so Apprehended and Seized before the respective persons hereby Required to Hear and Determine such Offences in Order to their further Procedure thereupon according to the directions of this Act And the Iustices of the Peace within every Shire or County of this Kingdom are hereby Authorized and Required at the General-Sessions of the Peace to be held for their respective Counties at Michaelmas in every Year to Assign and Appoint Two certain persons having Experience in such Goods to make Search in the Premises in every part of the said Shire or County as well within Franchises as without except in Cities or Buroughs where persons are appointed for that purpose by the Head Officers or Governour of the same and to Seize such Offenders and Goods and bring the same before such Iustices of the Peace who is hereby Required to Hear and Determine such Offences in Order to their further procedure thereon as aforesaid and that in default of the Master and Wardens or other the persons to be Appointed according to this Act of Searching in manner aforesaid it shall and may be lawful to and for any other person or persons having Cunning and Knowledge in the said Occupation by over-sight of the Mayor Bailiff and Head Officers of the said Cities and Buroughs to Search all the aforesaid places for any of the aforesaid Vnlawful Metals and Vnlawful Weights in order to the putting of this present Act in due Execution FINIS
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