No. XVI. c. 4. to be sued forth by virtue of the said statute made in the said one and thirtieth year of the reign of the said King Edward the Third, shall not 20 Char. II. cause any abatement or discontinuance of any such writ of error: But if both the chief justices of either bench, or either of them, or any one of the said great officers, the Lord Chancellor or Lord Treasurer, shall come to the Exchequer Chamber, and there be present at the day of return of any such writ of error, it shall be no abatement or discontinuance, but the suit shall proceed in law, to all intents and purposes, as if both the Lord Chancellor and Lord Treasurer had comen and been present at the day and place of the return of such writ. III. Provided always, That no judgment shall be given in any such suit or writ of error, unless both the Lord Chancellor and the Lord Treasurer shall be present thereat. [No. XV. ] 16 and 17 Charles II. c. 8.-An Act to prevent [No. XVI.] 20 Charles II. c. 4.-An Act for proceeding to Judgment on Writs of Error brought in the Exchequer. WHEREAS by a statute made in the sixteenth year of the King's 20 Charles II. most excellent Majesty, it was enacted, That the not coming of c. 4. the Lord Chancellor and Lord Treasurer, or either of them, at the day 16 Car. 2. c.2. ' of the return of any writ of error to be sued forth by virtue of the statute 'made in the one and thirtieth year of the reign of King Edward the 31 Ed. 3. st. 1. Third, shall not cause any abatement or discontinuance of any such c.12. 'writ of error; but if both the chief justices of either bench, or either of them, or any one of the said great officers, the Lord Chancellor or Lord 'Treasurer, shall come to the Exchequer Chamber, and there be present at the day of the return of any such writ of error, it shall be no abate'ment or discontinuance, but the suit shall proceed in law, to all intents and purposes, as if both the Lord Chancellor and Lord Treasurer had come and been present at the day and place of the return of any such 'writ; in which said statute it is provided, That no judgment shall be given in such suit or writ of error, unless both the Lord Chancellor and Lord Treasurer be present thereat: And whereas at this present time 'there is no Lord Treasurer, and therefore by reason of the said proviso no judgment can be had in any writ or writs of error, brought and yet depending, or to be brought, to the great charges and prejudice of his Majesty's subjects, and delay of justice;' for remedy wherein, be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in Parliament assembled, That judgment shall or may be given in any suit, or writ or writs of error now depending, or hereafter to be brought in the Exchequer, in the presence of the Lord Keeper of the Great Seal of England, notwithstanding the vacancy of a Lord Treasurer, in such manner as hath been accustomed when there was present the said two great officers; the said proviso in the said statute, or any thing else therein contained, to the contrary in anywise notwithstanding. Judgment may be given in Writs of Error in presence of the Lord Keeper, notwithstanding the ab sence of the Lord Trea VOL. III. * 2 A surer. No. XIX. 6 Geo. IV. c. 96. [No. XVII. ] 10 and 11 William III. c. 14.-An Act for limiting certain Times, within which Writs of Error shall be brought for the reversing Fines, common Recoveries, and ancient Judgments. WHEREAS fines and common recoveries are the principal assur ances of men's estates, and titles and possessions depend thereon, and are protected and secured thereby, and by ancient judgments, 'which nevertheless are reversible at any time without restraint or limi'tation, for any error or defect which happens therein by the ignorance 'or carelessness of clerks, and sometimes by unavoidable accidents :' For the remedy whereof, and for the quieting inen's titles and possessions under ancient fines and recoveries, and ancient judgments, be it enacted and ordained by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this No fine or re- present Parliament assembled, and by authority of the same, That no fine or common recovery, nor any judgment in any real or personal action, shall, from and after the first day of May, One thousand six hundred ninetynine, be reversed or avoided, for any error or defect therein, unless the writ of error or suit for the reversing such fine recovery or judgment be commenced, or brought and prosecuted with effect, within twenty years after such fine levied, or such recovery suffered, or judgment signed or entered of record (1). covery, &c. shall be reversed, unless Writ of Error be brought in twenty years after fine levied, &c. Proviso. On Judgment given in the Courts at Westminster, &c., Execution shall not be stayed or delayed by Writ of Error, &c., without special Order. 3 Jac. 1. c. 8. II. Provided always, That if any person who is or shall be intituled to any such writ of error as aforesaid, shall, at the time of such title accrued, be within the age of twenty-one years, or covert, non compos mentis, imprisoned, or beyond the seas, that then such person, his or her heirs exccutors or administrators (notwithstanding the said twenty years expired), shall and may bring his her or their writ of error, for the reversing any such fine recovery or judgment, as he she or they might have done, in case this Act had not been made, so as the same be done within five years after his or her full age, discoverture, coming of sound mind, enlargement out of prison, or returning from beyond the seas, on death, but not afterwards or otherwise. [No. XVIII.] 5 George I. c. 13.-An Act for the Amendment of Writs of Error; and for the further preventing the Arresting or Reversing of Judgments after Verdict. [Inserted ante, Class VI. No. 18.] [No. XIX.] 6 George IV. c. 96.-An Act for preventing frivolous Writs of Error.-[5th July 1825.] FOR preventing the delays occasioned to creditors by frivolous writs of error brought on judgments given in his Majesty's Courts of Record at Westminster, and in the counties palatine and in the courts of great session in Wales, 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 upon any judgment hereafter to be given in any of the said courts in any personal action, execution shall not be stayed or delayed by writ of error or supersedeas thereupon, without the special order of the court or some judge thereof, unless a recognizance with condition according to the statute inade in the third year of the reign of his Majesty King James the First, intituled An Act to avoid unnecessary Delays of Execution, be first acknowledged in the same court. The writ cannot be brought after twenty ing at law did not previously accrue, Lloyd v. Vaughan, 2 Str. 1257. No. XIX. 6 Geo. IV. c. 96. II. And whereas the lawful fees and emoluments of persons holding the office of cursitors, and of other persons, officers of the courts of law and equity in England and Wales, may be reduced by the operation and effect of this Act; and it is just and reasonable that full compensation should be made to such cursitors and officers who now hold their offices for life; be it enacted, That the Lord Chief Justice of the King's Bench, to be made to Compensation the Lord Chief Justice of the Common Pleas, and the Lord Chief Baron Cursitors and of the Exchequer, shall be and the same are hereby appointed commis- other Officers sioners for the purposes of this Act; and the said commissioners shall for Loss of within nine months after the passing of this Act, by examination on oath Emoluments, as well as otherwise, which oath they and each of them are and is hereby on Inquiry by authorized to administer, which of the lawful fees and emoluments of the Commissionseveral persons aforesaid are liable to be reduced by the operation and ers. effect of this Act, and ascertain the annual amount to be computed on an average of the last ten years, of such lawful fees and emoluments, and shall in like manner yearly and every year inquire and ascertain whether there has been any and what diminution or increase of such lawful fees and emoluments for the year ending the last day of Trinity term immediately preceding such examination, and shall certify the amount of such diminution, if any, in writing under their hands to the Lords Commissioners of his Majesty's Treasury, and the amount of such diminution shall forthwith become a charge on the consolidated fund, and shall be issued as if the amount of such diminution had been specially mentioned in this Act, and shall be payable and paid accordingly to the respective persons aforesaid, the diminution of whose lawful fees and emoluments shall have been so certified, without any deduction whatsoever. III. Provided always, and be it enacted, That if in any year the amount of such lawful fees and emoluments of any such person as aforesaid claiming compensation under this Act shall exceed the average amount of such fees and emoluments ascertained as herein-before directed, then and in that case the commissioners appointed by this Act shall certify the amount of such excess, and such person as aforesaid shall within fifteen days thereafter pay the amount of such excess into his Majesty's Exchequer. IV. And whereas by the operation of this Act there may be no longer any occasion for the services of the clerks in the office of clerk of the errors; be it further enacted, That the said clerks shall be entitled to all the benefit of an Act passed in the third year of the reign of his present Majesty, intituled An Act to amend an Act passed in the Firtieth Year of His late Majesty, for directing that Accounts of Increase and Diminution of Public Salaries Pensions and Allowances shall be annually laid before Parliament, and for regulating and controlling the granting and paying such Salaries Pensions and Allowances, in as full a manner as if the office of clerk of the errors had been inserted in the schedule annexed to the said Act; any thing in the said Act contained to the contrary in any wise notwithstanding. If in any Year the Amount of Fees shall ex ceed the Ave rage, as ascertained by the Commission ers, the Excess shall be paid into the Exchequer. Clerks in the Office of the Clerk of the Errors enti- Benefit of PART IV. CLASS XIV. Miscellaneous Statutes respecting Civil Actions and Proceedings. [No. I.] 11 Henry VII. c. 12.-A Mean to help and speed poor Persons in their Suits. PRAYEN the Commons in this present Parliament assembled, That 11 Henry VII. where the King our Sovereign Lord of his most gracious disposi tion, willeth and intendeth indifferent justice to be had and ministered according to his common laws, to all his true subjects as well to the poor as the rich, which poor subjects be not of ability ne power to sue according to the laws of this land for the redress of injuries and wrongs to them daily done, as well concerning their persons and their inheritance, as other causes: For remedy whereof, in the behalf of the poor persons of this land, not able to sue for their remedy after the course of the common law; Be it ordained and enacted by your Highness, and by the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by authority of the same, That every poor person or persons, which have, or hereafter shall have cause of action or actions against any person or persons within this realm, shall have, by the discretion of the chancellor of this realm for the time being, writ or writs original, and writs of subpæna, according to the nature of their causes, therefore nothing paying to your Highness for the seals of the same, nor to any person for the writing of the same writ and writs to be hereafter sued; and that the said chancellor for the time being shall assign such of the clerks which shall do and use the making and writing of the same writs, to write the same ready to be sealed, and also learned counsel and attornies for the same, without any reward taken therefore: And after the said writ or writs be returned, if it be afore the King in his bench, the justices there shall assign to the same poor person or persons, counsel learned, by their discretions, which shall give their counsels, nothing taking for the same: And likewise the justices shall appoint attorney and attornics for the same poor person or persons, and all other officers requisite and necessary to be had for the speed of the said suits to be had and made, which shall do their duties without any reward for their counsels, help, and business in the same: And the same law and order shall be observed and kept of all such suits to be made afore the King's Justices of his common place, and Barons of his Exchequer, and all other justices in the Courts of Record where any such suit shall be. [ No. II. ] 1 Edward VI. c. 7.-The Continuation of Actions after the Death of any King. c. 12. c. 7. WHERE the King's subjects heretofore have to their great costs, 1 Edward VI. charges and expenses, prosecuted and sued divers and sundry 'actions, as well real and personal, as all other actions mixt or otherwise, in the King's Majesty's courts, and other courts of record, not only by writs, but also by plaint or bills: which actions, suits, bills and plaints, by the death or demise of the kings of this realm have 'been discontinued; and the parties in every such actions, suits, bills The death of the King shall not discontinue any suit, &c. |