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peace_n find_v party_n surety_n 2,047 5 11.2266 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A88854 Proposalls for an Act for prevention of the great trouble and charge which the honest people of this nation, have been put to; by wrongfull arrests and imprisonments, and for preserving them from such arrests (being upon feigned great actions) at the sute of divers to whom they have owed nothing. And also for an other Act for the taking away the great trouble and charge, which the people of this nation have been put to; by sheriffs, bayliffs, serjeants, &c. to procure arrests and appearances of their debtors, &c. in order to the more speedy satisfying of creditors; for the saving to the people of this nation, between 4 and 500000. pounds yearly, part of the 1500000. pounds, formerly proposed to be so saved yearly, mentioned in the proposalls for creditors and prisoners. With a short explanation in particular, how those 300000. pounds, and more, by these proposalls for creditors and prisoners, will be saved. Offered to the same consideration, as those for creditors and prisoners are. / By Will. Leach of the Middle Temple Gent. Leach, William. 1650 (1650) Wing L779; Thomason E604_1; ESTC R205839 6,668 15

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Writs such Sheriffs have returned that they were not to be found such Sheriffs have beene so prevailed with by rewards and otherwise by such fugitive persons that such Sheriffes have denyed to make Warrants against such persons sometime pretending that they have had executions against them when they have had none and sometime pretending one dilatory excuse and sometimes another though such Sheriffs usually grant and make Warrants against divers honest and sufficient men for small and triviall occasions And many times when Warrants have been granted out against such fugitive persons to Bayliffs Serjeants c. they would not arrest them without sums of money given them by the Plaintiffs and the Plaintiffs or some for them attend upon such Bayliffe c. to see arrests done otherwise divers of them have taken rewards of such fugitive Defendants to spare such arrests For prevention whereof and for the more speedy satisfaction of Creditors c. desire that it may Be Enacted That processe of Summons or Attachment by goods or chattals or scir fac to summon c. the person may be awarded and made out of any the foure superiour Courts at Westminster and at as easie a rate in the one as in the other of them and no more taken for any such processe than hath been or shall be due to summon attach or warne any Defendant to appear to any action or actions which within these 30. yeares last past have or hath been usually brought or prosecu ed in any such Court to summon or warne any Defendant in such processe to appeare in any such Court And that upon every personall summons or warning returned by any such Sheriffe into any such Court the same may stand and bee in the nature of an appearance in Law for such Defendant and that the Plaintiff in such action may proceed to judgment against such Defendant thereupon if such Defendant doth not nor shal plead to such action within days next after such personall summons And that in every such writ of summons there may be a precept to such Sheriffe that if he cannot find goods or chattals or the person of such Defendant whereby to summon or attach him by his goods or chattals or warne him personally within 15. day● or some other time to be thought convenient in that behalfe next after such processe delivered to such Sheriffe or his Deputy or Deputies and he or they to whom the same shall be so delivered be in the County of such Sheriffe to whom such processe is or shall be directed that then such Sheriffe or c. shall arrest or cause to be arrested the body of such Defendant if he shall be found in c. within 15. dayes or some other time to be thought convenient in that behalf next after such first 15. dayes expired and shall make an entry upon such processe or in some booke publique to be seen at the next County Court of such Sheriffe for such his County and by the space of 3. or 4. County Court dayes of the same County next after for every Plaintiffe or any for him or c. to view and see whether or not such Sheriffe had arrested or caused to be arrested or summoned or warned such Defendant or that he was not to be found in c. And that if such Sheriffe or c. had arrested or shall arrest such Defendant such Sheriffe shall return a cep corpus at the return of such processe into the Court from whence such processe issued or else be subject to such Plaintiffe to an action of debt for the debt or demand in the said processe And that such return shall stand and be in the nature of an appearance in Law and in such manner as is before mentioned of the return of a personall summons or warning And that if any after Judgment had or obteyned against him and stand in force without writ of error attaint or c. brought to reverse the same shall absent or hide himselfe or c. by the space of that then he may be proceeded against as if he were prisoner c. summons being given to or left for him according as is mentioned in the Proposalls for Prisoners and Creditors at his house or c. to joyn in Commission and elect Commissioners c. against his or c. person and all his or c. lands tenements goods and Chattals And that if such Sheriffe shall nor make it appear as is before mentioned t at he had taken the body of such Defendant by the r me before mentioned to be entred upon such processe or in such book as before is mentioned or otherwise That then at the request of the Plaintiffe or his Attorney a Writ shall or may be granted or made out of any such Court from whence such processe issued to any person or persons especially by such Plaintiffe or his Attorney to be elected whereof one of such parties so to be elected to be present at such arrest to have in lands or tenements goods or chattalls to the value of the Debt or Demand in such processe or of some other summe to be thought convenient in that behalfe or to be Coroner or Constable of c. And that after such arrest such person or persons so elected may have such party arrested to the Sheriffe of the County where such person shall be so arrested his or their Deputy or Deputies or Gaoler and that such Sheriffe or c. shall be enabled and compelled upon paine of an action of Debt against such Sheriffe for recovery of c. for his c. refusall thereof to receive such person arrested and deteyne him or c. in custody untill he or c. shall finde suretyes for satisfying what debt or damages shall be recovered against such person arrested and to be enabled and compelled to take such security by way of recognizance in the name of the Party Plaintiffe or Prosecutor and to his use and that such recognizance may have the full force of a Statute Merchant or of the Staple and that the same may be returned with such processe by such Sheriffe into the Court from whence such processe issued by which such arrest shall be made at the day of the returne of such processe upon paine that such Sheriffe taking such recognizance shall be lyable to such action of Debt to such Plaintiffe as before is mentioned and that the next Justice of the Peace to the place where such arrest shall be shall have power and be compelled to take and return such recognizance with such processe if such person arrested doe or shall finde and provide such suretyes as such party Prosecutor shall like of and that all bonds taken by such Sheriffs Justices c. at any time upon any arrest or otherwise of any Defendants or his Suretyes shall be taken in the same names and in the same nature and to the same intents before mentioned and returned as before upon and under the same