AN ACT For Avoiding of Vexatious Delays, CAUSED By Removing Actions and Suits OUT OF Inferior Courts.  
AN ACT For Redress of certain ABUSES, IN MAKING Pewter and Brass.  
DUBLIN: Printed by Andrew Crook, Printer to the King's Most Excellent Majesty, on Cork-Hill, near Copper-Alley, 1697.   

An ACT for avoiding of Vextious Delays, caused by Removing Actions and Suits out of Inferior Courts. CHAP. XXXVIII.  
WHEREAS there now are, and long time have been divers Courts of Record, and divers Cities, Liberties, Towns Corporate, and elsewhere, some of them being far remote from Dublin, which were principally obtained for the Ease and Quiet of such as should have occasion to Sue there for Debts and Wrongs, so that they might with small Expenses, Receive justice according to the Merits of their Causes in those Inferior Courts, without being Compelled to Travel to Dublin, but of late divers of His Majesty's Subjects, having for Just and True Debts, and other Good and Lawful Causes commenced Suits in such Inferior Courts and Prosecuted their Actions and Suits many times ready for Trial, and the same Causes being for the most part of small value, have been Removed into some of His Majesty's Courts at Dublin, and being remanded by Procedendo, into the same Inferior Courts, where the Action or Suit was first commenced, the same having been again often times Removed into the same, or other of His Majesty's Courts at Dublin, to the Intolerable delay of justice, and great Expenses of Money, and Loss, and Trouble to those which justly and Honestly, by such Actions and Suits, have sought only to Recover, or get Satisfaction for Debts, Duties or Wrongs Owing, Due or Done unto them. For Remedy whereof.  
Be it Enacted by the King's Most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by the Authority of the same, That no Writ, or Writs of Habeas Corpus, Certiorari, or any other Writ or Writs, Process or Processes whatsoever, other than Writs of Error, or Attaint, to be Sued forth after the Twentieth Day of November next, which will be in this present Year of our Lord, One thousand Six hundred Ninety seven, by any person or persons whatsoever, out of, or from any of His Majesty's Courts at Dublin, or out of any other Court or Courts, having, or pretending to have power to Award such Writs or Processes to stay or remove any Action, Bill, Plaint, Suit or Cause, Brought, Commenced, or Depending, or hereafter to be Brought, Commenced, or Depending in any Court or Courts of Record, within any City, Liberty, Town Corporate, or elsewhere, which have, or shall have jurisdiction, Power or Authority, to hold Plea in that Action, Bill, Plaint, Suit or cause, the same cause of Action, Bill, Plaint, or Suit arising, or growing within the said City, Liberty, Town Corporate or jurisdiction, shall after the said Twentieth day of November next, be Received or Allowed, by the Steward, judge or judges, or Officer or Officers of the Court or Courts, wherein or to whom any such Writ or Writs shall be Directed and Delivered, but that he and they shall and may proceéd in the said Cause or Causes, as though no such Writ or Writs were Sued forth, or Delivered to him or them, Except that the said Writ or Writs be Delivered to the Steward or Stewards, judge or judges, Officer or Officers of the said Court, before Issue or Demurrer, joined in the said Cause or Causes so Depending, or to be Depending in such Court of Record, in any City Liberty, Town Corporate, or elsewhere, having Power to hold such Plea, so as the said Issue and Demurrer be not joined in Six Weéks next after the Arrest or Appearance of the Defendant or Defendants, to such Action or Suit commenced.  
And be it further Enacted by the Authority aforesaid, That if any such Action, Bill, Plaint, Suit, or Cause, which is, or shall hereafter, be brought, Commenced, or Depending in any such Court of Record in any City, Liberty, Town Corporate, or elsewhere, shall after the said Twentieth Day of November next, be removed or stayed by any such Writ or Writs, Process or Processes, to be Sued forth out of any of His Majesty's Courts at Dublin, or any other Court as aforesaid: That if afterwards the fame Action, Bill, Plaint, Suit, or Cause, shall be remanded or sent back again by any Writ or Writs of Procedendo, or other Writ whatsoever; that then the said Action, Bill, Plaint, Suit, or Cause, shall never afterwards be removed or stayed before judgement, by any Writ or Writs whatsoever, to be Sued forth out of any of His Majesty's said Courts, at Dublin, or any other Court, as aforesaid, any Law, Statute, Custom, Usage, or Restraint to the contrary thereof, in any wise notwithstanding.  
And be it further Enacted by the Authority aforesaid, That if any Action, Bill, Plaint, Suit, or Cause, not concerning Freé-hold, or Inheritance, or Title of Land, Lease, or Rent, which shall be Brought, Commenced, or Depending in any such Court of Record, or any City, Liberty, Town Corporate, or elsewhere, if it shall appear, or be laid in the said Declaration, that the Debt, Damages, Things Demanded, doth or shall not Amount to, or exceéd the Sum of Five Pounds, that then such Action, Bill, Plaint, Suit, or Cause, shall not be stayed, nor be removed into any of His Majesty's Courts at Dublin, or other Court as aforesaid, by any Writ or Writs whatsoever, to be Sued, or Prosecuted forth, or out of His Majesty's said Courts at Dublin, or other Courts, as aforesaid, other than Writs of Error, or Attaint, any Law, Statute, Usage, Custom, or Restraint to the contrary, in any wise notwithstanding.  
And be it further Enacted by the Authority aforesaid, That if any Writ or Writs whatsoever, shall be after the said Twentieth Day of November next, Granted or Sued forth, out of any His Majesty's Courts at Dublin, or other Court, contrary to the meaning of this present Act; that then it shall, and may be Lawful to, and for the judge or judges, and Officer or Officers, to whom such Writ or Writs shall be Delivered, to Disallow, and Refuse the same, and to Proceéd as if no such Writ or Writs, had been Granted, or Sued out, or forth, as aforesaid, any Law, Statute, Usage, Custom, or Restraint, to the contrary in any wise notwithstanding.  
And whereas some persons have doubted, whether an Act made in the Tenth Year of the Reign of King Charles the First, Entitled, An Act for Expedition of Justice in Cases of Demurrers, etc. And one other Act made in the said Tenth Year of the said King Charles the First, Entitled, An Act for the Reformation of Jeofailes, etc. Extend to Inferior Courts of Record.  
And whereas an Act made in the Thirty Third Year of the Reign of King Henry the Eighth, Entitled, An Act touching Mis-impleading and Jeofailes. And an other Act made in the said Tenth Year of the said King Charles the First, Entitled, An Act for avoiding Unnecessary Delays of Execution: And an other Act made in the Seaventeénth and Eighteénth Years of King Charles the Second, Entitled, An Act to prevent Arrests of Judgement, and Superseading Executions, are found by Experience to be Good and Beneficial Laws, but do not Extend to the said Inferior Courts; To the end thereof, that all His Majesty's Subjects may have the full Benefit and Advantage of so Good Laws.  
Be it Enacted by the Authority aforesaid, That all the several  Acts, shall from the said Twentieth Day of November next, be, and be Construed to be in Force, in all Inferior Courts of Record in this Kingdom, and shall be as Effectual, and as duly observed in all the said Inferior Courts, as if the said Inferior Courts had been particularly named and expressed in the several  Acts.  
And whereas in County Courts, Manor Courts, and other Inferior Courts, where shall Actions of Debts and Damages, under Forty Shillings are Tried, sufficient Encouragement cannot be given to Attorneys, or other persons Skilled in the Law of this Realm, to practice, so that the Plead and Proceéding in the said Courts, are not so Formal as by Law they ought to be, for the Ease of the Subject.  
Be it Enacted by the Authority aforesaid, That in all the said Inferior Courts, which have Power to Try Actions under Forty Shillings, and no more, that the proceedings and Plead may be in English, and shall not for that, or any other. Defect in Form, be Quashed or Vacuated if the same be Removed by Writ of False judgement, or otherwise, into any of His Majesty's Courts of Record, any Former Law, Custom, Statute, or Usage to the contrary notwithstanding.   

An ACT for Redress of certain Abuses in Making Pewter and Brass. CHAP. XXXIX.  
WHEREAS there is much Pewter and Brass, Made, Wrought, and Vended within this Kingdom, which is not of such Fine Metal, and such perfect Goodness as the same aught to be; and is Made, Wrought, and Vended oftentimes by very Vnskillful persons, who understand not the True Making and Working of such Metals, or by other persons, who use the said Art Deceitfully, all which Tends much to the prejudice of His Majesty's Subjects, who have occasion to Buy, and make Use of Pewter and Brass: For Remedy whereof.  
Be it Enacted by the King's Most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by Authority of the same, That from and after the First day of January next, which will be in the present Year of Our Lord, One thousand Six hundred and Ninety seven, no person or persons, using the Craft or Trade of Pewters and Braziers, or who Buy, Sell, Trade, or Deal in the same, within this Realm, shall Sell or Change, any Pewter or Brass, New or Old, at any place or places, save only in open Fairs and Markets, or in their own Public Shops and Dwelling Houses, upon pain that every person and persons, Acting contrary hereunto, shall for every such Offence, Forfeit and Lose the Sum of Forty Shillings, the one half to go, and be to the use of the Poor of the Parish, where such Offence shall be Committed, the other half to the person or persons, that shall Seize, Find, or Prosecute for the same.  
And be it further Enacted by the Authority aforesaid, That no person or persons, from and after the said First day of January next, shall at any place or places, within this Realm, Cast, Make or Work any new Pewter, or Brass Vessel, but such as shall be of as good Fine Metal, as is the Pewter and Brass, Cast and Wrought after the perfect Goodness required for the same, within the City of London, upon pain of Forfeiture of all and every such Pewter and Brass Vessel and Vessels so Cast, Made, and Wrought contrary thereunto, the one half of such Forfeiture to be to the use of the Poor of the Parish, where such Offence shall be Committed, the other half to the use of the Finder, Discoverer and Prosecutor for the same▪ which said Offences shall be Examined, Herd and Determined in all Cities, and Corporate Towns, by, and before the Mayor, Bailiff, Sovereign, Portreéve, or other head Officer of such City, or Town Corporate, and in all other places, by and before two justices of the Peace of the respective Counties, where such Goods shall be so Seized, as aforesaid, who are hereby Authorized and Required, to Examine the said Matters, on Oath of One or More Witnesses, which Oath they are hereby Authorized to Administer, and to Hear, Determine, and give judgement thereupon, for the Forfeiture of such Goods, to the Uses aforesaid, or otherwise for Discharging and Restoring the same, as they shall see cause; which said judgement so given, such Mayor, Bailiff, justices of the Peace, or other Officer, are hereby Required to Return, and Certify to the justices of the Peace, at the next Quarter-Sessions, to be held for such City, Town Corporate, or County respectively, to the Intent that the same may be there Entered of Record.  
Provided always, That no Pewter and Brass, shall be so Seized or Forfeited, save only such as shall at the time of such Seizure, be in the possession of some Pewterer or Brazier, or other person using the said Trade or Mystery, or Selling such Pewter or Brass, or of some person or persons in Trust for him or them, and not such as shall be in the possession of any other person not using such Trade or Mystery, as the proper Goods of such other person.  
And be it further Enacted by the Authority aforesaid. That no manner of person or persons, of what Degreé or Condition soever, he or they be, from and after the said First day of January next, shall make any Hollow Wares, That is to say, Salts and Pots, or the like of Pewter, called Lay-Metal, which shall be of courser or worse Metal than according to the Assize of Lay-Metal Wrought within the City of London; and that the Makers of such Wares, shall make the same Wares, with several and particular Marks of their own, to the intent, that the Makers of such Wares shall avow the same, and such Wares may appear to be made by them, and that all and every such Wares not so sufficiently Made, Wrought, or Marked in Form aforesaid, found in the possession of the same Maker or Seller, shall be Seized as Forfeited; and if the same Ware be Sold before such Seizure, than the said Maker shall Forfeit the Value of the same Ware, so Unlawfully Wrought and Sold, the One half of such Forfeiture, to be the Use of the Poor of the Parish where such Offence shall be Committed, and the other half to the Use of the Finder or Finders, Searcher, and Prosecutor for the same; such Offences to be Examined, Herd, and Determined as aforesaid.  
And be it further Enacted by the Authority aforesaid, That if any person or persons, after the said First Day of January next, Using, Buying, and Selling, of Pewter and Brass, shall have, or make use of any Deceitful, or False Beams, or Weights, such person or persons, shall for every such Offence, Forfeit the Sum of Five Pounds, the one half to the Poor of the Parish where such Offence shall be Committed, the other half to the person or persons, Finding, Discovering, & Prosecuting for the same, such Prosecution to be before such respective persons, and in like manner, as for the other Offences, against this Act before mentioned; And such persons are hereby respectively Authorized and Required, to Act therein, as in cases of such other Offences; and if the said Offender or Offenders, shall not be sufficient to pay the said Sum or Sums, so by him or them Forfeited, that then it shall, and may be Lawful, to, and for such person or persons respectively, before whom such Offences shall be Tried, to put such Offender in the Stocks, for the space of Two Hours, and after to continue him in Custody, until the next Market Day, for the place where such Offence shall be committed, and then in the open Market place, during the chief time of such Market, to put, and continue him with his Head in the Pillory, for the space of our Hour.  
And be it further Enacted by the Authority aforesaid, That it shall and may be Lawful, to, and for the Master and Wardens, of the said Crafts of Pewterers and Braziers, within every City and Burough, within this Realm, where such Master and Wardens are; and where such Master and Wardens are not, then to, and for the Head Officer, and Magistrates of the said City and Burough, to appoint certain persons, most expert in knowing of the same, to make Search in Cities and Buroughs where they dwell, for, and after such Offenders and him or them, to Apprehend, or Cause to be Apprehended; and also to Seize such Goods as they shall justly suspect to be made contrary to this Act, and Liable to be Seized by Virtue thereof, and forthwith to bring such Offenders and Goods so Apprehended and Seized, before the respective persons hereby Required to Hear, and Determine such Offences, in Order to their further Procedure thereupon, according to the directions of this Act: And the justices of the Peace within every Shire, or County of this Kingdom, are hereby Authorized and Required, at the General-Sessions of the Peace, to be held for their respective Counties, at Michaelmas in every Year, to Assign and Appoint, Two certain persons, having Experience in such Goods, to make Search in the Premises, in every part of the said Shire or County, as well within Franchises, as without, except in Cities or Buroughs, where persons are appointed for that purpose, by the Head Officers, or Governor of the same, and to Seize such Offenders, and Goods, and bring the same before such justices of the Peace, who is hereby Required, to Hear and Determine such Offences, in Order to their further procedure thereon, as aforesaid; and that in default of the Master and Wardens, or other the persons to be Appointed, according to this Act, of Searching in manner aforesaid, it shall and may be lawful, to, and for any other person or persons having Cunning, and Knowledge in the said Occupation, by oversight of the Mayor, Bailiff, and Head Officers of the said Cities and Buroughs, to Search all the aforesaid places, for any of the aforesaid Unlawful Metals, and Unlawful Weights, in order to the putting of this present Act in due Execution.  
FINIS.