who fhall feize, inform or fue for the fame, except in fuch cafes where it is otherwife directed by this act. XXXIV. And it is hereby enacted by the authority aforefaid, That if any perfon or perfons fhall be fued, molefted or profecuted for any thing done by virtue or in pursuance of this act, such person or perfons fhall and may plead the general iffue, and give this act, and the special matter in evidence in his defence; and if afterwards a verdict fhall pafs for the defendant or defendants, or the plaintiff fhall difcontinue his action, or be nonfuited, or judgment fhall be given against him upon demurrer or otherwise, then such defendant or defendants fhall have treble cofts awarded to him or them against fuch plaintiff. CAP. XXIX. F An alt to prevent frivolous and vexatious arrests. General issue. rior court under iol. Nor in an in But to be ferv OR the more effectual preventing frivolous and vexatious Explained and amended by arrests, be it enacted by the King's most excellent majesty, 5Geo. 2. c. 27. by and with the advice and confent of the lords fpiritual and temporal and commons in this prefent parliament affembled, None to be and by the authority of the fame, That from and after the held to special twenty fourth day of June one thousand seven hundred and bail in a fupetwenty fix, no perfon fhall be held to special bail upon any for cour process iffuing out of any fuperior court, where the caufe of action shall not amount to the sum of ten pounds or upwards; nor out of any inferior court, where the cause of action shall not ferior court, amount to the fum of forty fhillings or upwards; and that in under 40 s. all cafes, where the caufe of action fhall not amount to the fum of ten pounds or upwards in any fuch fuperior court, or to forty fhillings or upwards in any fuch inferior court (and the ed perfonally plaintiff or plaintiffs fhall proceed by the way of process against with a copy of the perfon) he, the or they shall not arreft or caufe to be ar- the process. refted, the body of the defendant or defendants, but fhall ferve him, her or them perfonally, within the jurisdiction of the court, Not appearwith a copy of the procefs; and if fuch defendant or defendants ing, plaintiff shall not appear at the return of the process or within four may enter a days after fuch return, in such case it fhall and may be lawful common apto and for the plaintiff or plaintiffs, upon affidavit being made, pearance, &c. and filed in the proper court, of the perfonal fervice of fuch process as aforefaid (which faid affidavit shall be filed gratis) to enter a common appearance or file common bail for the defendant or defendants, and to proceed thereon, as if fuch defendant or defendants had entred his, her or their appearance, or filed common bail; any law or ufage to the contrary notwithftanding. Where the II. And be it further enacted by the authority aforefaid, caufe of action amounts highThat from and after the faid twenty fourth day of June one er, affidavit to thousand seven hundred and twenty fix, in all cafes where the be made plaintiff or plaintiffs caufe of action fhall amount to the fum of thereof, and ten pounds, or forty fhillings or upwards as aforefaid, affidavit the fum inshall be made and filed of fuch caufe of action (which affidavit back of the may be made before any judge or commiffioner of the court, out writ, &c. of which fuch process fhall iffue, authorized to take affidavits in fuch dorfed on the 1 aly necess Bing: 64. 21 Jac. 1. c. 23. Judge of infe rior courts may proceed may be other gery, &c. practising as attornies, &c. offending against this act, to be tranfported. fuch courts, or else before the officer who fhall iffue fuch process or his deputy, which oath fuch officer or his deputy are hereby impowered to adminifter;) and for fuch affidavit one fhilling over and above the ftamp-duties fhall be paid and no more; and the fum or fums specified in fuch affidavit fhall be indorsed on the back of fuch writ or process, for which fum or fums fo indorfed, the fheriff or other officer to whom fuch writ or procefs thall be directed, thall take bail, and for no more but if after the faid twenty fourth day of June one thousand seven hundred and twenty fix, any writ or procefs shall issue for the fum of ten pounds or upwards, and no affidavit and indorsement fhall be made as aforefaid, the plaintiff or plaintiffs shall not proceed to arreft the body of the defendant or defendants, but shall proceed in like manner, as is by this act directed in cafes where the cause of action does not amount to the fum of ten pounds, or forty fhillings or upwards as aforefaid. III. Whereas the ftatute made in the twenty first year of the reign of King James the First, for the more effectual preventing the delays and expences occafioned by the removal of small causes out of inferior courts, has been of late evaded and rendered ineffectual, by the contrivance of vexatious defendants, who by fetting up a fictitious action against themselves, for a pretended demand of five pounds or upwards, by fuch their contrivance procure the smallest actions to be removed by writs of habeas corpus, out of the inferior into the fuperior courts, whereby the plaintiffs, in fuch small actions, which will not bear the expence of fuch fuperior courts, are neceffitated to Submit to the lofs of their just demands; now for preventing fuch abufes, and rendring the faid ftatute more effectual for the future, be it enacted by the authority aforefaid, That from and after the faid four and twentieth day of June the judge or judges of fuch inferior courts, as are described in the faid ftatute, fhall or may proceed in fuch actions, bills, plaints, fuits or caufes as are therein specified, which appear or are laid, not to exceed the said sum of five pounds, although there may be other actions against such defendant or defendants, wherein the plaintiff or plaintiffs demands thall or may exceed the faid fum of five pounds. IV. And for avoiding the great mischiefs and abuses which Perfons con- arife from infamous and wicked perfons already convicted of victed of for- wilful perjury or forgery, practifing as attornies or folicitors, in courts of law and equity; be it enacted, That if any perfon who hath been or who fhall be convicted of forgery, or of wilful and corrupt perjury, or fubornation of perjury, or common barretry, fhall, after the faid four and twentieth day of June, act or practise as an attorney, or folicitor or agent, in any fuit or action, brought or to be brought in any court of law or equity, within that part of Great Britain called England, the judge or judges of the court, where fuch fuit or action is or fhall be brought, thall, upon complaint or information thereof, examine the matter in a fummary way in open court; and if it fhall ap pear pear to the fatisfaction of fuch judge or judges, that the person complained of, or against whom fuch information fhall be given, hath offended contrary to this act, fuch judge or judges fhall cause such offender to be tranfported for seven years to fome or one of his Majesty's colonies or plantations in America, by fuch ways, means and methods, and in fuch manner, and under such pains and penalties, as felons in other cafes are by law to be transported. V. Provided always, That this act or any thing herein con- Not to extend tained, fhall not extend to that part of Great Britain called to Scotland. Scotland. VI. Provided also, and be it enacted by the authority aforefaid, That this act fhall continue in force for the term of five years, and from thence to the end of the next feffion of parliament, and no longer. For the continuance of this act fee 5 Geo. 2. c. 27. petual by 21 Geo. 2. c. 3. CAP. XXX. Revived and made per An act for continuing an act made in the ninth year of his Majefty's reign, intituled, An act for the more effectual punishing wicked and evil-difpofed perfons going armed in difguife, and doing injuries and violences to the perfons and properties of his Majefty's fubjects, and for the more speedy bringing the offenders to juftice. WE HERE AS the act herein after mentioned hath by experience been found useful and beneficial, and is near expiring; may it therefore please your majesty that it may be enacted, and be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and, Geo. 1. c.22. by the authority of the fame, that an act made in the ninth year of his prefent Majefty's reign, intituled, An alt for the more effectual punishing wicked and evil-difpofed perfons going armed in disguise, and doing injuries and violences to the perfons and Act 9 Geo. 1. properties of his Majesty's fubjects, and for the more speedy bringing continued for the offenders to justice, which act was to continue in force for three 5 years, &c. years, from the first day of June one thousand seven hundred and twenty three, and from thence to the end of the then next fef- 24 Geo.2.c.57. fion of parliament, fhall be, and is hereby continued from the expiration thereof, for and during the space of five years, and from thence to the end of the then next feffion of parliament. CA P. XXXI. An act for the better regulating trials by Nifi Prius in the county of Middlesex. WH HEREAS in and by an act of parliament made in the eigh teenth year of the reign of Queen Elizabeth, intituled, An act for trial of Niji prius in the county of Middlesex, power is re Spectively Spectively given to the chief justice of the King's bench, the chief justice of the common pleas, and the chief baron of the court of exchequer for the time being, and in the abfence or default of any of them, to two other judges or barons of the fame feveral courts, where it shall happen either of the fame chief juftices, or chief baron for the time being, to be abfent, to try iffues as juftices of Nifi prius for the faid county of Middlesex within the term-time, or within four days next after the end of any term; and whereas the reftraining the time for fuch trials, after the term, to four days, hath frequently occafioned delay of juftice, and the requiring the prefence of two judges or barons, in the absence of any of them the said chief justices or chief baron, is found by experience to be very inconvenient: for remedy thereof, Be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons, in parliament affembled, and by the authority of the fame, That from and after the first day of Eafter term in the year of our Lord one thousand seven hundred and twenty fix, it shall and may be lawful to and for the chief justice of the King's Bench, the chief juftice of the Common Pleas, and the chief baron of the court of Exchequer for the time being, and every of them other judge or respectively and in the abfence or default of any of them, to and baron in term, for or within eight other judge or baron of the faid feveral courts, where it days after, shall happen either of the faid chief juftices, or the chief baron may try iflues for the time being, to be abfent, as juftices of Nifi prius for the of nifi prius. faid county of Middlefex, within the term or within the space of eight days after the end of any term respectively, to try all such iffues, as by the said act they or any of them are enabled to try, in fuch place and manner, and with and under fuch powers, authorities and provifions, as in and by the faid recited act, or any other act of parliament or law whatsoever concerning the premiffes, are prefcribed and contained; any thing in the faid recited act to the contrary hereof in any wife notwithstanding. The chief justices or chief baron, and in their abfence, any See 24 Geo. 2. Sheriffs, &c. are to give at. tendance, &c. as by 18 Eliz. provided. any II. And be it further enacted by the authority aforefaid, That all theriffs, officers, minifters, parties, witneffes, jurors and other perfons whatsoever, who by the faid recited act were required to give attendance upon the said chief justices and chief baron, or other judges and barons, or to make return of procefs, or do or execute any other matters or things whatsoever, relating to trials to be had by virtue of the faid recited act, shall be charged and obliged respectively to give their attendance, make return of procefs, and do and execute all other matters and things whatsoever relating to any trials to be had by virtue of this act, in the like manner, and under the like penalties and forfeitures, as in or by the faid recited act are expreffed or provided, as fully and effectually to all intents and purposes, as if the fame and every of them had been repeated and inferted in this present act. CAP. CAP. XXXII. An act for better fecuring the monies and effects of the fuitors of the court of chancery; and to prevent the counterfeiting of Eaft-India bonds, and indorsements thereon; as likewise indorsements on South-Sea bonds. WHEREAS the lords commiffioners for the cuftody of the great feal of Great Britain, did, on the twenty fixth day of May in the year of our Lord one thousand feven hundred twenty and five, make an order for the masters of the high court of chancery to deliver into the bank of England the money, bonds, tallies, orders and effects of the fuitors of the faid court under their respective care and direction, and for other matters therein contained: "and whereas the lord high chancellor of Great Britain did, by an order dated the fourth day of November following, direct the faid order of the faid twenty fixth day of May to be kept and obferved, with the explanations, alterations and additions in the faid order of the fourth of November contained, and did thereby extend the faid orders to the usher of the faid court, aud also to all the effects of the fuitors under the care of the faid court: and whereas the ordering part of the said order of the twenty fixth day of May is verbatim recited and contained in the faid order of the fourth of November, and the faid order of the fourth of November is as follows : Jovis quarto die Novembris one thousand seven hundred and Ordo Curia. Whereas the right honourable the late lords commiffioners for the cuftody of the great feal of Great Britain, taking into their serious confideration the ill confequence and great prejudice, which already had, and might hereafter enfue to the fui'tors of this court, by having their monies left in the sole power of the masters of this court; and likewife conceiving that the bonds, tallies, orders and effects of the fuitors under the direction of the faid several mafters, then locked up in the ' vault of the bank of England in several chefts, under the care of the faid mafters refpectively, and of two of the fix clerks, might be as fafely depofited with the bank of England in the ' manner herein after mentioned: and to the end that the money of the fuitors might be fecured for their ufe and benefit, with the leaft charge and inconvenience to them, and that they might receive further fatisfaction in relation thereto, and how the fame should be applied and difpofed of, their lordships did on the twenty fixth day of May laft order and direct in the • words following: . "That every mafter of this court, together with the faid fix Mafters, &c.to "clerks, do go to the bank of England, and open their respect- open their "ive chefts, and that the faid mafters, together with the faid fix chefts in the bank, and clerks make a fche |