| Volume 194, Page 897 View pdf image (33K) |
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4 ANN. CAP. 16, AMENDMENT OF THE LAW. 897 Defeazance; yet it shall and may nevertheless be pleaded in Bar of such Action, and shall be as effectual a Bar thereof, as if the Money had been paid at the Day and Place, according to the Condition or Defeazance, and had been so pleaded. XIII. And be it further enacted by the Authority aforesaid, That if at any Time, pending an Action upon any such Bond with a Penalty, the Defendant shall bring into the Court where the Action shall be depending, all the Principal Money, and Interest due on such Bond, and also all such Costs as have been expended in any Suit or Suits in Law or Equity upon such Bond, the said Money so brought in shall be deemed and taken to be in full Satisfaction and Discharge of the said Bond, * and the Court shall and may give Judgment to Discharge 662 every such Defendant of and from the same accordingly. XIV. And whereas by an Act of Parliament made in the twenty-ninth Year of King Charles the Second, intituled. An Act for Prevention of Frauds and Perjuries. It is enacted, That no Nuncupative Will shall be good, where tine Estate thereby bequeathed shall exceed the Value of thirty Pounds, that is not proved by the Oaths of three Witnesses at the least, that were present at the making thereof; It is hereby declared. That all such Witnesses as are and ought to be allowed to be good Witnesses upon Trials at Law, by the Laws and Customs of this Realm, shall be deemed good Witnesses to prove any Nun- cupative Will, or any thing relating thereto. XX. And be it enacted by the Authority aforesaid, That if any Person or Persons shall be Arrested from and after the said first Day of Trinity-Term, by any Writ, Bill, or Process, issuing out of any of her Majesty's Courts of Record at Westminster, at the Suit of any common Person, and the Sheriff or other Officer taketh Bail from such Person, against whom such Writ, Bill, or Process is taken out, the Sheriff or other Officer, at the Request and Costs of the Plaintiff in such Action or Suit, or his lawful Attorney, shall Assign to the Plaintiff in such Action the Bail-Bond, or other Security taken from such Bail, by endorsing the same, and attesting it under his Hand and Seal in the Presence of two or more creditable Witnesses, which may be done without any Stamp; provided the Assignment so en- dorsed be duly stampt before any Action be brought thereupon; and if the said Bail-Bond or Assignment, or other Security taken for Bail be forfeited, the Plaintiff in such Action, after such |
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| Volume 194, Page 897 View pdf image (33K) |
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