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21 JAC. 1, CAP. 16, LIMITATIONS. 601 tiff, and upon Matter alledged in Arrest of Judgment, the Judgment be given against the Plaintiff, that he take nothing by his Plaint, Writ or Bill; or if any the said Actions shall be brought by Original, and the Defendant therein be outlawed, and shall after reverse the Outlawry, that in all such cases the Party Plaintiff, his Heirs, Executors or Administrators, as the Case shall require, may commence a new Action or Suit, from Time to Time, within a Year after such Judgment reversed, or such Judgment given against the Plaintiff, or Outlawry reversed, and not after. V. And be it further enacted, That in all Actions of Tres- pass, Quare clausum fregit, hereafter to be brought, wherein the Defendant or Defendants shall disclaim in his or their Plea, to make any Title or Claim to the Land in which the Trespass is by the Declaration supposed to be done, and the Trespass be by Negligence, or Involuntary, the Defendant or Defendants shall be admitted to plead a Disclaimer, and that the Trespass was by Negligence or Involuntary, and a Tender or Offer of sufficient Amends for such Trespass before the Action brought, whereupon, or upon some of them, the Plaintiff or Plaintiffs shall be enforced to join Issue; (2) and if the said Issue be found for the Defendant or Defendants, or the Plaintiff or Plaintiffs shall be Nonsuited, the Plaintiff or Plain- tiffs shall be clearly barred from the said Action or Actions, and all other Suits concerning the same. * VI. And be it further enacted by the Authority afore- 449 said, That in all Actions upon the Case for slanderous Words, to be sued or prosecuted by any Person or Persons in any the Courts of Record at Westminster, or in any Court whatsoever that hath Power to hold Plea of the same, after the End of this present Session of Parliament, if the Jury upon the Trial of the Issue in such Action, or the Jury that shall enquire of the Damages, do find or assess the Damages under forty Shillings, then the Plaintiff or Plaintiffs in such Action, shall have and recover only so much Costs as the Damages so given or assessed amount unto, without any further Increase of the same; any Law, Statute, Custom or Usage to the contrary in any wise notwithstanding. VII. Provided nevertheless, and be it further enacted, That if any Person or Persons that is or shall be entitled to any such Action of Trespass, Detinue, Action sur Trover, Replevin, Actions of Accounts, Actions of Debts, Actions of Trespass for |
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| Volume 194, Page 601 View pdf image (33K) |
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