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justice_n common_a king_n lord_n 6,022 5 4.1642 3 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A45988 An act for the preventing frivolous, and vexatious law-sutes and giving remedy to the parties grieved, to recover their costs at law, in certain cases, where heretofore no costs were given. Ireland. 1697 (1697) Wing I321; ESTC R39290 7,324 15

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AN ACT For the Preventing FRIVOLOUS AND VEXATIOUS Law-Sutes AND Giving Remedy to the Parties Grieved to Recover their Costs at Law in certain Cases where heretofore no Costs were given DVBLIN Printed by Andrew Crook Printer to the King 's Most Excellent Majesty on Cork-Hill near Copper-Alley MDCXCVII An ACT for the Preventing Frivolous and Vexatious Law-Sutes and giving Remedy to the Parties Grieved to Recover their Costs at Law in certain Cases where heretofore no Costs were given CHAP. XXXV WHEREAS it is found by daily Experience in the Courts at Law that divers Malicious and Evil Disposed persons on purpose without any just Cause of Sute do make several Innocent persons Defendants joyntly with others against whom they conceive they have good Cause of Action and so tho' such Innocent person or persons so joined in the said Action shall be found not Guilty and Acquitted of the said Action Yet if any of the other Ioint Defendants shall be found Guilty and a Verdict pass against them by the Common Laws of this Realm such Defendant or Defendants so Acquitted after all his or their Trouble and Expence in Defending such Action is without Remedy to recover any Costs of Sute against such Plantiffs for such his or their unjust Vexation contrary to all Reason and Iustice 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 May which shall be in the Year of Our Lord God One thousand Six hundred and Ninety eight if any person or persons shall be made Defendant or Defendants with others in any Action Sute or Plaint in Trespass Quare Clausum fregit or Trespass of Assault and Battery and such person or persons so joyned in such Action shall upon Tryal of the same be Acquitted by Verdict altho' the other Defendant or Defendants in such Action shall be found Guilty and a Verdict pass against him or them therein every such person and persons so Acquitted shall have and Recover his and their Costs of Sute for such his and their unjust Vexation as if a Verdict had beén given against such Plantiff or Plantiffs or a Verdict had been given for all the Defendants in such Action unless the Iudge or Iudges before whom such Cause shall be Tryed shall immediately after the Tryal thereof in open Court Certifie upon the Record under his Hand that there was a reasonable Cause for the making such person or persons Defendant or Defendants to such Action or Plaint And whereas by the Law as it now stands no Costs of Sute can be awarded or given to any person or persons in any Action that shall happen to recover or have any Iudgment given for him upon any Demurrer in Law by reason whereof many contentious persons make use of such manner of Delays on purpose to keép others from their Iust Right or otherwise intending thereby to weary them into some small Composition for what is really due unto them For Remedy whereof be it further Enacted That if it at any time from and after the said First Day of May any person or persons who shall Commence or Prosecute any Action or Plaint in any Court of Record whereupon any Demurrer or Demurrers shall be joyned by any Plantiff or Defendant Demandant or Tennant in any suth Sute or Sutes he or they for whom Iudgment or Iudgments shall be given upon any such Demurrer or Demurrers shall have and recover his and their Costs of Sute to be awarded by the Court in such like manner as if such Iudgment or Iudgments had beén given or recovery had by such party or parties upon Action tryed by Iury and Verdict passed for such party therein and that if any person or persons from and after the First Day of May as aforesaid shall obtain such or any other Iudgment or Iudgments in any His Majesty's Courts of Record in this Kingdom or any the Courts of the County Palatine of Tipperary and the person or persons against whom such Iudgment or Iudgments shall be so given shall in delay of Execution thereupon and with intent to annul such Iudgment or Iudgments Sue forth any Writ or Writs of Error and afterwards the said Iudgment or Iudgments shall be Affirmed or the said Writ or Writs of Error Discontinued or the Plantiff or Plantiffs therein become Non-sute that then and in every such Case the party or parties against whom such Writ or Writs shall be so brought shall recover his and their Costs and Damages at the discretion of the Iustices before whom such Writ or Writs shall be so Sued and to have Execution for such his or their Damages or Costs so recovered by Writs of Capias ad Satisfaciendum Fieri Facias or Elegit or any of them at the Election of such Party or Parties for whom such Damages and Costs shall be so awarded And whereas by the Laws of this Realm no Costs of Sute are Recoverable in any Action of Waste or Debt to be brought upon the Statute for not setting forth of Tiths nor in any Writ of Scire Facias or Prohibition which hath beén found very Mischievous and Prejudicial to the Sutors in such Actions and to such Persons as for the recovering their just Rights have beén Forced to Sue forth the same For Reformation whereof for the future Be it further Enacted by the Authority aforesaid That from and after the First day of May aforesaid if any person or persons bring any Action of Waste or Action of Debt upon the Statute for not setting forth of Tyths in which said several Actions the Single Value or Damage Found by the Iury or Iuries in any such Action shall not exceéd the Summ of Threé pounds the Plantiff or Plantiffs recovering either by Iudgment upon Verdict or Demurrer in such Action or Actions shall likewise have and recover his and their Costs of Sute at the like Discretion of the Iustices before whom such Writ or Writs shall be brought and Iudgment or Iudgments therein given as also if any person or persons shall after the time aforesaid Sue forth any Writ or Writs of Scire Facias or Commence any Sute or Sutes in prohibition and recover and have Iudgment in the same either by Verdict or upon Demurrer every such Plantiff or Plantiffs so recovering shall likewise have and recover his and their Costs of Sute in such Action or Actions at the Discretion of the Iustices before whom such Recovery shall be so had and if it shall happen in any the Sutes aforesaid that the Plantiff or Plantiffs in such Action or Actions shall become Non-Sute or Verdict or Verdicts pass against him or them in such Sute or Action or he or they shall discontinue such his or their Sute or Action Then in all such Cases the Defendant or Defendants in such Action or