Volume 194, Page 431 View pdf image (33K) |
32 H. 8, CAP. 30, JEOFAILS. 4: 31 in ministring of their Declarations and Bars, as also in their Replications, Rejoinders, Rebutters, joining of Issues, and other Pleadings, to the great Hurt, Delay, and Hindrance of the said Plaintiffs or Demandants, or to the Vexation of the Defendants or Tenants; (2) insomuch, that when the Issues joined in the same Actions between the Parties to the same hath been tried and found by the Verdict of Twelve or mo indifferent persons, for the said Plaintiffs or Demandapts, or for the Tenants or Defendants, and the Justices ready to give Judgment for the said parties for whom the same Issue was found, the same parties have been compelled by the course and order of the Common Law of this Realm afore this time, to replead, and the said Verdicts so given, as is afore rehearsed to be taken as void and of none effect; sometime because the Issues have been misjoined, and Jeofail, and sometime by taking Advantages of the parties own mispleading, or in the pursuing, misconveying, or discontinuing of Process of any of the Parties, and for divers other causes, the which is thought as well a great Slander to the said Common Law of this Realm, and to the Ministers of the same, as also a plain Delay and Hindrance unto the said parties, in that they should not have their Judgments when the Issue hath been found and tried as is afore said, to their great Costs and Charge: (3) Be it there- fore enacted by the King our Sovereign Lord, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That from henceforth if any Issue be tried by the Oath of twelve or more indifferent Men, for the party Plaintiff or De- mandant, or for the party Tenant or Defendant, in any man- ner of Action or Suit at the Common Law of this Realm, in any of the King's Courts of Record, that then the Justice or Justices by whom Judgment thereof ought to be given, shall proceed and give Judgment in the same; (4) any mispleading, lack of colour, insufficient pleading, or Jeofail, (5) any Mis- continuance or Discontinuance, or misconveying of Process, ('6) misjoining of the Issue, lack of Warrant of Attorney for the party against whom the same Issue shall happen to be tried, (7) or any other Default or Negligence of any of the parties, their Counsellors, or Attorneys, had or made to the contrary notwithstanding; (8) and the said Judgments thereof, so to be had and given, shall stand in full strength and force to * all intents and purposes, according to the said Verdict, 328 |
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Volume 194, Page 431 View pdf image (33K) |
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