| Volume 194, Page 899 View pdf image (33K) |
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4 ANN. CAP. 16, AMENDMENT OF THE LAW. 899 XXIV. And be it further enacted by the Authority aforesaid, That from and after the said first Day of Trinity-Term, this Act and all the Statutes of Jeofails shall extend to all Suits in any of her Majesty's Courts of Record at Westminster, tor Recovery of any Debt immediately owing, or any Revenue belonging to her Majesty, her Heirs or Successors; and shall also extend to all Courts of Record in the Counties Palatine of Lancaster, Chester, and Durham, and the Principality of Wales, and to all other Courts of Record within this Kingdom. XXV. And for the preventing great Vexation and Suing out defective Writs of Error: lie it enacted by the Authority aforesaid, That upon the Quashing any Writ of Error to be sued out after the said first Day of Trinity-Term, for Variance from the Original Record or other Defect, the Defendants in such Error shall Recover against the Plaintiff or Plaintiffs, •issuing out such 'Writ, his Costs, as he should have had 664 if the Judgment had been affirmed, and to be recovered in the game Manner. XXVII. And be it enacted by the Authority aforesaid, That from and after the said first Day of Trinity-Term, Actions of Account shall and may be brought and maintained against the Executors and Administrators of every Guardian, Bailiff and Receiver; and also by one Joint-Tenant and Tenant in Com- mon, his Executors and Administrators, against the other, as Bailiff for receiving more than comes to his just Share or Proportion, and against the Executor and Administrator of such Joint-Tenant or Tenant in Common; and the Auditors appointed by the Court, where such Action shall be depending, shall be, and are hereby impowered to Administer an Oath, and examine the Parties touching the Matters in Question, and for their Pains and Trouble in auditing and taking such Account, have such Allowance as the Court shall adjudge to be reason- able to be paid by the Party, on whose side the balance of the Account shall appear to be. I. By 9 Anne, c. 20, sect. 7, this Statute is extended to Writs of Manda- mus and Informations in nature of Quo Warranto. Judges shall give judg- ment on demurrer, &c., without regarding any defect in Writ, &c. Excep- tion. 27 Eliz. c. 5. II. All Statutes of Jeofails extended to judgments on Nihil dicit, &c. IV. Defendant, or Plaintiff in Replevin, may plead several Matters. Not to extend to qui tarn Actions, 2 Wils. 21. (58) |
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| Volume 194, Page 899 View pdf image (33K) |
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