CHAP.
XXV
.
An
Act
for
the
prevention
of
Vexations
and
Oppressions
by
Arrests
;
And
of
Delays
in
Suits
of
Law
.
WHereas
by
the
Laws
of
this
Kingdom
,
in
Case
where
any
Person
is
Sued
,
Impleaded
or
Arrested
by
any
Writt
,
Bill
or
Process
,
Issuing
out
of
any
of
his
Majesties
Courts
of
Record
,
at
Dublin
,
in
any
Common
Plea
,
at
the
Suit
of
any
Common
Person
,
The
True
Cause
of
Action
ought
to
be
set
forth
and
Expressed
in
such
Writt
,
Bill
or
Process
,
whereby
the
Defendant
may
have
certain
Knowledge
of
the
Cause
of
the
Suit
;
and
the
Officer
who
shall
Execute
such
Writt
,
Bill
or
Process
,
may
know
how
to
take
Security
for
the
Appearance
of
the
Defendant
to
the
same
,
and
the
Sureties
for
such
Appearance
may
rightly
understand
for
what
Cause
they
become
Engaged
.
And
whereas
there
is
a
great
Complaint
of
the
People
of
this
Kingdom
,
that
for
Divers
Years
last
past
,
very
many
of
His
Majesties
Good
Subjects
have
beén
Arrested
upon
General
Writts
of
Trespass
,
Quare
Clausum
Fregit
,
or
other
like
Writts
Issued
out
of
the
Courts
of
Kings-Bench
,
and
Common-Pleas
,
not
Expressing
any
Particular
or
Certain
Cause
of
Action
;
and
thereupon
kept
Prisoners
for
a
long
time
for
want
of
Bail
,
Bonds
,
with
Sureties
for
Appearances
,
having
beén
Demanded
in
so
great
Summs
,
that
few
or
none
have
Dared
to
be
Security
for
the
Appearance
of
such
Persons
so
Arrested
and
Imprisoned
;
altho
in
Truth
there
hath
beén
little
or
no
Cause
of
Action
,
and
oftentimes
there
are
no
such
Persons
who
are
Named
Plantiffs
;
but
those
Arrests
have
beén
many
times
procured
by
Malicious
Persons
to
Vex
and
Oppress
the
Defendants
,
and
to
force
from
them
Vnreasonable
and
Vnjust
Compositions
for
Obtaining
their
Liberty
;
and
by
such
Evil
Practices
many
Men
have
beén
,
and
are
Daily
Vndone
,
and
Destroyed
in
their
Estates
,
without
Possibility
of
having
Reparation
,
the
Actors
Imployed
in
such
Practices
having
beén
(
for
the
most
part
)
Poor
and
Lurking
Persons
,
and
their
Actings
Secret
,
that
it
hath
beén
found
very
Difficult
to
make
True
Discoveries
on
proof
thereof
.
For
Remedy
and
prevention
of
which
so
great
growing
Evils
and
Mischiefs
;
And
also
for
Discouraging
all
Frivolous
and
Vnjust
Suits
and
Causeless
Arrests
for
the
Future
.
Be
it
Enacted
by
the
Kings
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
Twelfth
Day
of
December
next
,
no
Person
or
Persons
who
shall
happen
to
be
Arrested
by
any
Sheriff
,
Vnder-Sheriff
,
Coroner
,
Steward
or
Bayliff
of
any
Franchize
or
Liberty
,
or
by
any
other
Officer
,
Minister
,
Vnder-Bayliff
,
or
any
other
Person
or
Persons
whatsoever
within
this
Realm
,
having
or
pretending
to
have
Authority
or
Warrant
in
that
behalf
,
by
force
or
Colour
of
any
Writt
,
Bill
,
or
Process
,
Issuing
,
or
to
be
Issuing
out
of
His
Majesties
said
Court
of
Kings-Bench
and
Common-Pleas
,
or
either
of
them
,
or
other
Court
of
Iustice
,
in
which
said
Writt
,
Bill
,
or
Process
,
or
at
the
Foot
thereof
,
the
Certainty
or
True
Cause
of
Action
is
not
Expressed
,
Marked
,
or
Set
Down
particularly
;
and
for
which
the
Defendant
or
Defendants
in
such
Writt
,
Bill
,
or
Process
Named
is
and
are
Bailable
by
the
Statute
in
that
behalf
made
in
the
Threé
and
Twentieth
Year
of
the
Reign
of
the
Late
King
Henry
the
Sixth
,
shall
be
Forced
or
Compelled
to
give
Security
,
or
to
Enter
into
Bond
with
Sureties
for
the
Appearances
of
such
Person
or
Persons
so
Arrested
,
at
the
day
and
place
in
the
said
Writs
,
Bill
,
or
Process
,
on
the
Foot
thereof
Specified
or
Contained
in
any
Penalty
or
Summ
of
Money
exceéding
the
Summ
of
Forty
Pounds
of
Lawful
Money
of
England
,
to
be
Conditioned
for
such
Appearances
.
And
that
all
Sheriffs
and
other
Officers
and
Ministers
aforesaid
,
shall
let
to
Bail
,
and
Deliver
out
of
Prison
,
and
from
their
and
Every
of
their
Custodies
,
Respectively
,
all
and
every
person
or
persons
whatsoever
,
by
them
,
or
any
of
them
Arrested
upon
any
such
Writt
,
Bill
,
or
Process
wherein
the
Certainty
and
True
Cause
of
Action
is
not
particularly
Expressed
,
as
aforesaid
,
upon
Security
in
the
summ
of
Forty
pounds
,
and
no
more
,
given
for
Appearance
of
such
person
or
persons
so
Arrested
,
unto
the
said
Sheriff
or
Officer
aforesaid
,
according
to
the
said
Statute
in
the
said
Threé
and
Twentieth
Year
of
the
Reign
of
the
said
King
Henry
the
Sixth
,
in
that
behalf
made
and
Provided
.
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
upon
Appearance
to
be
Entred
in
the
Term
wherein
such
Writt
,
Bill
,
or
Process
is
Returnable
with
the
Respective
Officer
in
that
behalf
for
the
said
person
or
persons
,
by
Attorney
or
Attorneys
in
the
said
Respective
Courts
from
whence
the
said
Writt
,
Bill
,
or
Process
Issued
unto
such
Writt
,
Bill
,
or
Process
,
the
Bond
or
Bonds
so
given
for
Appearance
thereunto
,
be
,
and
are
hereby
satisfied
and
Discharged
;
And
that
after
such
Appearance
so
Entred
,
no
Amercement
be
Sett
or
Estreated
upon
,
or
against
any
Sheriff
,
or
other
Officer
aforesaid
;
or
any
other
person
whatsoever
,
Concerning
the
want
of
such
Appearance
:
And
unless
the
Plantiff
or
Plantiffs
in
any
such
Writt
,
Bill
,
or
Process
Named
,
shall
put
into
the
Court
from
whence
such
Writt
,
Bill
or
Process
did
Issue
,
his
or
their
Bill
for
Declaration
against
the
person
or
persons
so
Arrested
in
some
personal
Action
(
Ejectione
firme
)
of
Lands
and
Tenements
before
the
End
of
the
Term
next
following
for
Appearance
,
that
then
a
Nonsuite
for
want
of
a
Declaration
may
be
Entred
against
the
said
Plantiff
or
Plantiffs
in
the
said
Courts
,
Respectively
:
And
that
Every
Defendant
in
every
such
Writt
,
Bill
or
Process
Named
,
shall
or
may
have
Iudgment
to
Recover
Costs
against
Every
such
Plantiff
or
Plantiffs
,
to
be
Assessed
,
Taxed
,
and
Levied
in
such
manner
,
and
according
as
it
is
provided
by
the
Statute
for
Costs
made
in
the
Threé
and
Twentieth
Year
of
the
Reign
of
the
Late
King
Henry
the
Eighth
,
any
former
or
other
Act
,
Statute
,
Ordnance
,
Law
,
Custom
,
Order
,
Course
or
Vseage
of
either
of
the
said
Courts
to
the
Contrary
thereof
heretofore
had
,
made
,
admitted
,
or
used
in
any
wise
Notwithstanding
.
Provided
always
that
this
Act
,
nor
any
Clause
or
Thing
herein
before
Specified
or
Contained
shall
not
Extend
or
be
Construed
or
Taken
to
Extend
unto
any
Arrests
hereafter
to
be
made
upon
,
or
by
Vertue
of
any
Writt
of
Capias
Utlagatum
,
Attachment
upon
Rescous
,
or
Attachment
upon
any
Contempt
,
or
of
any
Attachment
of
Priviledge
,
at
the
Suit
of
any
Priviledged
person
,
or
of
any
other
Attachment
for
Contempt
whatsoever
,
Issuing
,
or
to
be
Issuing
out
of
Either
of
the
said
Courts
,
altho
there
be
no
particular
Certainty
of
the
Cause
of
Action
Expressed
or
Contained
in
the
said
Writts
,
but
that
Nevertheless
no
Sheriff
or
Vnder-Sheriff
,
nor
any
of
the
Officers
or
Ministers
aforesaid
,
shall
Discharge
any
person
or
persons
taken
upon
any
Writt
of
Capias
Utlagatum
,
out
of
Custody
without
a
Lawful
Supersedeas
first
had
and
Received
for
the
same
,
and
that
upon
the
said
Writts
of
Attachment
such
Lawful
Course
be
taken
for
Security
for
Appearance
therein
,
as
hath
beén
heretofore
Vsed
,
any
thing
herein
before
Expressed
to
the
Contrary
thereof
in
any
wise
Notwithstanding
.
And
whereas
many
persons-out
of
ill
Intent
to
Delay
their
Creditors
from
Recovering
their
Iust
Debts
continue
Prisoners
,
who
cannot
be
proceéded
against
in
such
manner
as
they
might
be
if
they
were
at
Large
.
Now
for
the
better
Enabling
all
and
Every
person
or
persons
to
Recover
their
Iust
Debts
and
Demands
against
such
Prisoners
.
Be
it
further
Enacted
by
the
Authority
aforesaid
,
That
Every
person
or
persons
whatsoever
who
now
hath
or
have
,
or
which
at
any
time
hereafter
shall
have
Cause
of
any
personal
Action
against
any
person
,
being
a
Prisoner
in
Prison
,
may
Sue
forth
any
Original
Writt
upon
his
or
their
Cause
of
Action
:
And
that
a
Writt
of
Habeas
Corpus
be
granted
to
Every
such
person
or
persons
being
Plantiff
or
Plantiffs
,
desiring
the
same
to
be
Directed
to
the
Goaler
,
or
Keéper
of
the
same
Prison
,
to
have
the
Body
of
such
Prisoners
before
any
His
Majesties
Iustices
of
the
Kings-Bench
,
or
Common-Pleas
at
some
certain
Day
in
any
Term
,
to
Answer
the
said
Plantiff
or
Plantiffs
upon
his
or
their
said
Cause
of
Action
;
And
that
if
the
said
Plantiff
or
Plantiffs
at
the
said
Day
put
into
the
said
Court
his
or
their
Declaration
,
according
to
the
said
Original
Writt
against
the
said
Prisoner
being
present
at
the
Bar
,
the
said
person
shall
be
bound
to
appear
in
person
,
or
to
put
in
an
Attorney
to
appear
for
him
in
the
said
Action
,
and
unless
the
said
Defendant
plead
upon
a
Rule
given
to
be
out
at
the
Eight
Days
at
the
least
,
after
such
Appearance
Iudgment
by
Nihil
dicit
may
be
Entred
against
such
Defendants
as
Appearing
in
person
,
which
shall
be
Good
and
Effectual
in
Law
:
And
such
Charge
in
Court
by
Declarations
signified
by
Rule
unto
the
Goaler
or
Keéper
shall
be
a
Good
Cause
of
Detension
of
such
Prisoner
in
his
Custody
,
from
which
he
shall
not
be
Discharged
without
a
Lawful
Supersedeas
,
or
Rule
of
Court
:
And
if
the
said
Goaler
or
Keéper
shall
do
otherwise
,
he
shall
be
Responsible
to
the
Court
,
and
to
the
Party
grieved
for
Damages
,
by
Action
upon
the
Case
,
to
be
brought
against
him
for
Discharging
such
Prisoner
.
And
whereas
very
many
Suites
Commenced
by
Original
Writts
have
beén
Protracted
and
long
Delayed
from
Iudgment
and
Execution
,
by
Reason
of
the
Necessity
of
having
Fifteén
Days
,
at
the
least
,
betweén
the
Days
of
the
Teste
,
and
the
Days
of
the
Return
of
Writts
now
Vsed
in
personal
Actions
,
and
also
in
Actions
of
Ejectione
firme
,
for
Lands
and
Tenements
.
For
Remedy
whereof
;
and
for
the
more
Easy
Expediting
Tryals
,
and
the
better
and
more
speédy
Executing
Iudgments
for
the
time
to
come
.
Be
it
further
Enacted
,
by
the
Authority
aforesaid
,
That
in
all
Actions
of
Debt
,
and
all
other
personal
Actions
whatfoever
;
And
also
in
Actions
of
Ejectione
firme
,
for
Lands
or
Tenements
,
now
Depending
,
or
which
at
any
time
hereafter
shall
be
Depending
in
either
of
his
Majesties
Courts
aforesaid
,
after
any
Issue
therein
Ioyned
,
to
be
Tryed
by
a
Iury
;
and
also
after
any
Iudgment
had
or
obtained
,
or
to
be
had
or
obtained
in
any
the
Courts
aforesaid
,
in
any
such
Action
,
as
aforesaid
,
there
shall
not
neéd
to
be
Fifteén
Days
betweén
the
Teste
and
Day
of
Return
of
any
Writt
or
Writts
of
Venire
facias
,
Habeas
Corpora
Jurator
.
or
Distringas
Jurator
.
Writts
of
Fieri
facias
,
or
Writts
of
Capias
ad
Satisfaciendum
,
and
that
the
want
of
Fiftéen
Days
betweén
the
Test
Day
,
and
the
Day
of
the
Return
of
any
such
Writt
,
shall
not
be
,
nor
shall
be
Assigned
,
Taken
,
or
Adjudged
to
be
any
Matter
or
Cause
of
Error
;
Any
Law
,
Custom
,
Statute
,
Course
or
Vsage
to
the
Contrary
thereof
,
in
any
wise
Notwithstanding
.
Provided
Nevertheless
that
this
Act
,
nor
any
thing
therein
Contained
shall
not
Extend
,
or
be
Construed
to
Extend
to
any
Writt
of
Capias
ad
satisfaciend
.
whereon
a
Writt
of
Exigent
after
Iudgment
is
to
be
Awarded
,
nor
to
Capias
ad
satisfaciend
.
against
the
Defendant
,
in
Order
to
make
any
Bail
Lyable
,
but
that
the
same
Continue
and
be
as
if
this
Act
had
never
beén
made
.
And
whereas
by
an
Act
of
Parliament
made
in
this
Kingdom
in
the
Tenth
year
of
the
Reign
of
our
late
Sovereign
Lord
King
Charles
the
First
,
of
Blessed
Memory
,
a
very
good
Law
was
made
for
avoiding
Vnnecessary
Delays
of
Execution
,
whereby
it
is
Enacted
,
That
no
Execution
shall
be
Stayed
or
Delayed
upon
or
by
any
Writt
of
Error
,
or
Supersedeas
thereupon
,
to
be
Sued
for
the
Reversing
of
any
Iudgment
to
be
given
in
any
Action
or
Bill
of
Debt
,
upon
any
single
Bond
for
Debt
,
or
upon
any
Obligation
,
with
Condition
for
payment
of
Money
only
,
or
upon
any
Action
or
Bill
of
Debt
for
Rent
,
or
upon
any
Contract
Sued
in
any
of
His
Majesties
Courts
of
Record
at
Dublin
;
unless
such
person
or
persons
in
whose
name
or
names
such
Writt
of
Error
shall
be
brought
with
two
sufficient
Sureties
,
such
as
the
Court
wherein
such
Iudgment
is
or
shall
be
given
shall
allow
of
,
shall
first
before
such
Stay
made
or
Supersedeas
to
be
awarded
,
be
bound
to
the
party
for
whom
any
such
Iudgment
was
or
should
be
given
by
Recognizance
to
be
acknowledged
in
the
same
Court
,
in
double
the
Summ
adjudged
,
to
be
recovered
by
the
said
former
Iudgment
,
to
prosecute
the
said
Writt
of
Error
with
Effect
,
and
also
to
satisfy
and
pay
(
if
the
said
Iudgment
shall
be
affirmed
)
all
and
singular
the
Debts
,
Damages
and
Costs
adjudged
,
or
to
be
adjudged
upon
the
former
Iudgment
,
and
all
Costs
and
Damages
to
be
also
awarded
for
the
same
delaying
of
Execution
,
which
Law
hath
beén
found
by
experience
to
be
very
good
and
beneficial
to
the
Commonwealth
.
And
forasmuch
as
divers
other
Causes
wherein
the
same
Mischief
by
Delays
and
Staying
of
Execution
by
Writts
of
Errour
and
Supersedeas
thereupon
are
not
Provided
for
by
the
Statute
in
the
several
Actions
hereafter
Specified
.
Be
it
further
Enacted
,
That
the
said
Recited
Act
be
of
Force
in
this
Kingdom
.
And
be
it
further
Enacted
and
Ordained
,
by
the
Authority
aforesaid
,
That
from
and
after
the
Twentieth
Day
of
December
next
no
Execution
shall
be
Stayed
in
any
of
His
Majesties
Four
Courts
,
or
in
the
County
Palatine
of
Tipperary
,
by
any
Writt
or
Writts
of
Error
or
Supersedeas
thereupon
,
after
any
Verdict
and
Iudgment
thereupon
obtained
in
any
Action
of
Debt
,
or
in
any
Action
upon
the
Case
,
upon
any
Promise
for
the
payment
of
Money
,
Actions
Sur
Trover
,
Actions
of
Covenant
,
Detinue
and
Trespass
,
unless
such
Recognizance
,
and
in
such
manner
as
by
the
said
Recited
former
Act
is
Directed
,
shall
be
first
Acknowledged
in
the
said
Court
where
such
Iudgment
is
given
.
And
be
it
also
Enacted
by
the
Authority
aforesaid
,
That
if
any
Person
or
Persons
after
the
said
Day
shall
Sue
or
Prosecute
any
Writt
or
Writts
of
Error
for
the
Reversal
of
any
Iudgment
whatsoever
given
after
any
Verdict
in
any
the
Courts
aforesaid
;
and
the
said
Iudgment
shall
afterwards
be
Affirmed
,
then
Every
such
Person
or
Persons
shall
Pay
unto
the
Defendant
or
Defendants
in
the
said
Writt
or
Writts
of
Error
,
his
or
their
Double
Costs
,
to
be
Assessed
by
the
Court
where
such
Writt
of
Error
shall
be
Depending
,
for
the
Delaying
of
Execution
.
Provided
Nevertheless
that
this
Act
,
nor
any
Thing
therein
Contained
,
shall
not
Extend
to
any
Action
Popular
,
nor
unto
any
other
Action
which
is
,
or
hereafter
shall
be
brought
upon
any
Penal
Law
,
or
Statute
,
nor
to
any
Indictment
,
Presentment
,
Inquisition
,
Information
or
Appeal
,
any
thing
herein
before
Expressed
to
the
Contrary
thereof
Notwithstanding
.
FINIS
.