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898 4 ANN. CAP. 16, AMENDMENT OF THE LAW. Assignment made, may bring an Action and Suit thereupon in his own Name, and the Court where the Action is brought, may by Rule or Rules of the same Court, give such Belief to the Plaintiff and Defendant in the Original Action, and to the Bail upon the said Bond, or other Security taken from such Bail, as is agreeable to Justice and Reason, and that such Rule or Rules of the said Court shall have the Nature and Effect of a Defeazance to such Bail-Bond, or other Security for Bail. XXI. And be it further enacted by the Authority aforesaid, That all Warranties which shall be made after the said first Day of Trinity-Verm, by any Tenant for Life, of any Lands, Tenements or Hereditaments, the same descending or coming to any Person in Reversion or Remainder, shall be void and of 663* none effect; and likewise all collateral Warranties, which shall be made after the said first Day of Trin ity-Term, of any Lands, Tenements or Hereditaments, by any Ancestor, who has no estate of Inheritance in Possession in the same shall be void against the Heir. XXII. And be it further enacted by the Authority aforesaid, That no Subpoena, or any other Process for Appearance, do Issue out of any Court of Equity, till after the Bill is filed with the proper Officer in the respective Courts of Equity, except in Cases of Bills of Injunctions to stay Wastes, or stay Suits at Law commenced, and a Certificate thereof brought to the Subpoena-Office, or to him who usually makes out Subpoenas, or other Process in the several Courts of Equity, under the Hand of the Six Clerk, or other Clerk or Officer, who usually files Bills in Equity, for which Certificate he shall receive no Fee. XXIII. And for the better preventing vexatious Suits in Courts of Equity: Be it further enacted, That upon the Plain- tiff's Dismissing his own Bill, or the Defendant's Dismissing the same for want of Prosecution, the Plaintiff in such Suit shall pay to the Defendant or Defendants, his or their full Costs to be taxed by a Master, and that no Copy, Abstract or Tenor of any Bill in Equity, do go with Dedimus or Commission for taking the Defendant's Answer; but in Lieu and Recompence thereof, the Sworn Clerks of the Court of Chancery shall take to their own Use, in all Causes, the whole Term-Fee of three Shillings and four Pence, and also the whole Fee or Fees of and for all small Writs made by the said Sworn Clerks. |
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| Volume 194, Page 898 View pdf image (33K) |
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