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A45974 An act for taking special bails in the country upon actions and suits depending in the Courts of King's-Bench, Common-Pleas, and Exchequer at Dublin.; Public General Acts. 1695. 7 Wil.III.c.18. Ireland. 1695 (1695) Wing I309; ESTC R216033 1,892 7

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AN ACT For taking Special Bails in the Country upon Actions and Suits Depending in the Courts of KING'S-BENCH COMMON-PLEAS and EXCHEQUER at DUBLIN DVBLIN Printed by Andrew Crook Printer to the Kings Most Excellent Majesty on Ormonde-Key 1695. An Act for taking Special Bails in the Country upon Actions and Suits Depending in the Courts of King's-Bench Common-Pleas and Exchequer at Dublin CHAP. XVIII FOR the Greater Ease and Benefit of all Persons whatsoever in taking the Recognizances of Special Bail upon all Actions and Suits Depending or to be Depending in any the Courts of King's-Bench common-Common-Pleas or Exchequer at Dublin 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 the Chief Iustice and other the Iustices of the Court of Kings-Bench for the time being or any two of them whereof the Chief Iustice for the time being To be one for the said Court of King's-Bench and the Chief Iustice of the Court of common-Common-Pleas and other the Iustices there for the time being or any two of them whereof the Chief Iustice of the same Court to be one for the said Court of common-Common-Pleas and also the Chief Baron and Barons of the Court of Exchequer for the time being or any two of them whereof the Chief Baron for the time being to be one for the said Court of Exchequer may and are Required by one or more Commission or Commissions according to the Largeness of the several Counties under the several Seals of the said Respective Courts from time to time as neéd shall Require Impower such and so many Persons other then common Attorneys and Sollicitors as shall be fit and Necessary in all and Every the several Counties within the Kingdom of IRELAND to take and Receive all and Every such Recognizance or Recognizances of Bail or Bails as any person or persons shall be Willing or Desirous to Acknowledge or make before any of the persons so Impowered in any Action or Suit Depending or hereafter to be Depending in the said Respective Courts or any of them in such manner and Form and by such Bail Peice as the Iustices and Barons of the said Respective Courts have used to take the same For Each of which Commissions there shall be paid Thirteén Shillings and four-pence and no more Which said Recognizance or Recognizances of Bail or Bail Peice so taken as aforesaid shall be Transmitted to some or one of the Iustices or Barons of the said Respective Courts where such Action or Suit shall be Depending And upon Affidavit made of the Due taking of the Recognizance of such Bail Peice by some Credible Person present at the taking thereof such Chief Iustice or Chief Baron Iustice or Baron shall receive the same upon Payment of such Fees as have beén Vsually Received for the Taking of Special Bails by the Iustices and Barons Clerks and other the Officers of the said Respective Courts Which Recognizance of Bail or Bail Peice so taken and Transmitted shall be of the like Effect as if the same were taken de bene Esse before any of the said Iustices and Barons For the taking of Every which Recognizance or Recognizances of Bail or Bail Peice the person or persons so Impowered shall Receive only the Summ or Fee of Two Shillings and no more And be it further Enacted by the Authority aforesaid That the Iustices and Barons Respectively in the several Courts shall make such Rules and Orders for the Iustifying of such Bails and making the same Absolute as to them shall seém meét so as the Cognizor or Cognizors of such Bail or Bails be not Compelled to Appear in person in any of the said Courts to Iustifie him or themselves but the same may and is hereby Directed to be Determined by Affidavit or Affidavits Duely taken before the said Commissioners who are hereby Impowered and Required to take the same And also to Examine the Sureties upon Oath touching the Value of their Respective Estates unless the Cognizor or Cognizors of such Bail do Live within the City of Dublin or within Ten Miles thereof And be it further Enacted by the Authority aforesaid That any Iudge of Assize in his Circuit shall and may Take and Receive all and Every such Recognizance and Recognizances of Bail or Bails as any person shall be Willing and Destrous to make and Acknowledge before him which being Transmitted in like manner as aforesaid shall without Oath be Received in manner as aforesaid upon Payment of the Vsual Feés And be it further Enacted by the Authority aforesaid That any Person or Persons who shall before any Person or Persons Impowered by Vertue of this Act as aforesaid to take Bail or Bails Represent or Personate any other Person or Persons whereby the Person or Persons so Represented and Personated may be lyable to the Payment of any Summ or Summs of Money for Debt or Damages to be Recovered in the same Suit or Action wherein such Person or Persons are Represented and Personated as if they had Really Acknowledged and Entred into the same being Lawfully Convicted thereof shall be Adjudged Esteémed and Taken to be Felons and suffer the Pains of Death And Incurr such Forfeitures and Penalties as Felons in other Cases Convicted or Attainted do by the Law of this Realm Lose and Forfeit FINIS