AN ACT For the Preventing FRIVOLOUS, AND VEXATIOUS Lawsuits; AND Giving Remedy to the Parties Grieved, to Recover their Costs at Law, in certain Cases, where heretofore no Costs were given.   royal blazon or coat of arms 
DUBLIN: Printed by Andrew Crook, Printer to the King's Most Excellent Majesty, on Cork-Hill, near Copper-Alley. MDCXCVII.   

An ACT for the Preventing Frivolous, and Vexatious Lawsuits, and giving Remedy to the Parties Grieved, to Recover their Costs at Law, in certain Cases, where heretofore no Costs were given. CHAP. XXXV.  
WHEREAS it is found by daily Experience, in the Courts at Law, that divers Malicious, and Evil Disposed persons, on purpose, without any just Cause of Suit, do make several Innocent persons, Defendants, jointly with others, against whom they conceive they have good Cause of Action; and so, tho' such Innocent person or persons, so joined in the said Action, shall be found (not Guilty) and Acquitted of the said Action; Yet if any of the other joint Defendants shall be found Guilty, and a Verdict pass against them, by the Common Laws of this Realm; such Defendant, or Defendants so Acquitted, after all his, or their Trouble and Expense, in Defending such Action, is without Remedy to recover any Costs of Suit against such Plaintiffs, for such his, or their unjust Vexation, contrary to all Reason and justice. 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 May, which shall be in the Year of Our Lord God, One thousand Six hundred and Ninety eight; if any person or persons, shall be made Defendant, or Defendants with others, in any Action, Suit, or Plaint, in Trespass Quare Clausum fregit, or Trespass of Assault and Battery, and such person or persons, so joined in such Action, shall upon Trial of the same, be Acquitted by Verdict, altho' the other Defendant, or Defendants, in such Action, shall be found Guilty, and a Verdict pass against him, or them therein, every such person and persons so Acquitted, shall have, and Recover his, and their Costs of Suit, for such his, and their unjust Vexation, as if a Verdict had been given against such Plaintiff, or Plaintiffs, or a Verdict had been given for all the Defendants in such Action, unless the judge or judges, before whom such Cause shall be Tried, shall immediately after the Trial thereof, in open Court, Certify upon the Record under his Hand, that there was a reasonable Cause, for the making such person or persons, Defendant or Defendants to such Action or Plaint.  
And whereas by the Law, as it now stands, no Costs of Suit can be awarded, or given to any person or persons, in any Action that shall happen to recover, or have any judgement given for him upon any Demurrer in Law, by reason whereof many contentious persons, make use of such manner of Delays, on purpose to keép others from their Just Right, or otherwise intending thereby, to weary them into some small Composition, for what is really due unto them.  
For Remedy whereof, be it further Enacted, That if it at any time from, and after the said First Day of May, any person or persons, who shall Commence, or Prosecute any Action, or Plaint, in any Court of Record, whereupon any Demurrer, or Demurrers shall be joined, by any Plaintiff, or Defendant, Demandant, or Tenant, in any such Suit or Suits, he or they, for whom judgement or judgements shall be given, upon any such Demurrer or Demurrers, shall have, and recover, his and their Costs of Suit, to be awarded by the Court in such like manner, as if such judgement or judgements had been given, or recovery had by such party or parties, upon Action tried by jury, and Verdict passed for such party therein; and that if any person or persons, from, and after the First Day of May, as aforesaid, shall obtain such, or any other judgement or judgements, in any His Majesty's Courts of Record in this Kingdom, or any the Courts of the County Palatine of Tipperary, and the person or persons against whom such judgement or judgements shall be so given, shall in delay of Execution thereupon, and with intent to annul such judgement or judgements, Sue forth any Writ or Writs of Error; and afterwards the said judgement or judgements, shall be Affirmed, or the said Writ or Writs of Error Discontinued, or the Plaintiff or Plaintiffs therein, become Non-sute; that then, and in every such Case, the party or parties against whom such Writ or Writs shall be so brought, shall recover his and their Costs and Damages, at the discretion of the justices before whom such Writ or Writs shall be so Sued, and to have Execution for such his or their Damages or Costs, so recovered by Writs of Capias ad Satisfaciendum, Fieri Facias, or Elegit, or any of them, at the Election of such Party or Parties for whom such Damages and Costs shall be so awarded.  
And whereas by the Laws of this Realm, no Costs of Suit are Recoverable in any Action of Waste, or Debt, to be brought upon the Statute, for not setting forth of Tithes, nor in any Writ of Scire Facias, or Prohibition, which hath been found very Mischievous and Prejudicial to the Suitors in such Actions, and to such Persons, as for the recovering their just Rights have been Forced to Sue forth the same. For Reformation whereof, for the future.  
Be it further Enacted by the Authority aforesaid, That from, and after the First day of May, aforesaid, if any person or persons bring any Action of Waste, or Action of Debt, upon the Statute, for not setting forth of Tyths, in which said several Actions, the Single Value, or Damage Found by the jury, or juries, in any such Action, shall not exceéd the Sum of Threé pounds, the Plaintiff or Plaintiffs recovering, either by judgement upon Verdict, or Demurrer in such Action or Actions, shall likewise have and recover his and their Costs of Suit, at the like Discretion of the justices before whom such Writ or Writs shall be brought, and judgement or judgements therein given, as also if any person or persons shall after the time aforesaid, Sue forth any Writ or Writs of Scire Facias, or Commence any Suit or Suits in prohibition, and recover, and have judgement in the same, either by Verdict or upon Demurrer, every such Plaintiff or Plaintiffs so recovering, shall likewise have, and recover his and their Costs of Suit in such Action or Actions, at the Discretion of the justices, before whom such Recovery shall be so had; and if it shall happen in any the Suits aforesaid, that the Plaintiff or Plaintiffs in such Action or Actions, shall become Non-Sute, or Verdict, or Verdicts pass against him or them, in such Suit or Action, or he, or they shall discontinue such his or their Suit or Action: Then (in all such Cases) the Defendant, or Defendants, in such Action or Actions, shall have and recover his and their Costs of Suit in such manner as such Plaintiff or Plaintiffs should have done, if he or they had Recovered, and had judgement given for them in such Action or Actions, as aforesaid, any Law, Custom, Practice, or Usage to the contrary thereof, in any-wise notwithstanding.  
And that in all the Actions aforesaid, where any of the party or parties to the same, shall so recover their Costs of Suit, it shall, and may be Lawful to, and for them, or any of them to Sue forth Execution for such his or their Costs by Writs of Capias ad Satisfaciendum, Fieri Facias, or Elegit, as aforesaid.  
And for the preventing Wilful and Malicious Trespasses, to be brought for the future.  
Be it further Enacted, that from and after the First day of May aforesaid, in all Actions of Trespass to be Commenced and Prosecuted in any of His Majesty's Courts of Record at Dublin; wherein at the Trial of the Cause it shall appear, and be Certified by the judge, or judges, before whom such Cause shall be Tried under his or their Hands, on the back of the Record, that the Trespass upon which any Defendant shall be found Guilty, was Wilfully and Maliciously committed; In every such Case, the Plaintiff shall not only recover his Damages, assessed by the jury, but his full Costs of Suit, to be Taxed for him by the Direction of the Court, where such Action shall be Tried.  
Provided nevertheless, That no Alteration of the same shall be made in any the Cases aforesaid, where any Executor or Administrator shall be Defendant, in any the Actions, or Suits aforesaid, so at any time hereafter to be brought against them; but that in all such Cases, they shall not be liable, or subject to payment of any Costs of Suit, otherwise, or in any other manner then as the Law, now requires.  
And for the preventing the Abatement and Discontinuance of Process for the future, in certain Cases, and the helping the Law in the particulars following.  
Be it likewise Enacted by the Authority aforesaid, That in all Actions to be Commenced, or brought in any Court of Record within this Kingdom, from, and after the First day of May aforesaid, if it shall happen that any person or persons, being Plaintiff or Plaintiffs in such Action or Actions, shall die after he or they shall have obtained any Interlocutary judgement, or judgements, in such Action or Actions, and before a full and final judgement or judgements given therein, the Death of such Plaintiff or Plaintiffs, shall not abate such Action or Actions or hinder the further proceedings of such Cause, but that notwithstanding such dying of such Plaintiff or Plaintiffs, his or their Executors, or Administrators, may proceéd to Final judgement against the Defendant or Defendants, in such Action or Actions, as is hereafter set forth. (If such Action or Actions, shall happen to be such, as by Law may, or might have been Commenced, or Maintained Originally by any Executor or Administrator) as such Plaintiff or Plaintiffs aforesaid, might have done, if alive. And if it shall happen, that in any such Action or Actions, the Defendant or Defendants in the same, shall die after such Interlocutary, and before such Final judgement or judgements obtained, as aforesaid, such dying shall not abate such Action or Actions, but that then, notwithstanding the Death of such Defendant or Defendants, it shall and may be Lawful to, and for such Plaintiff or Plaintiffs, in such Action or Actions, it Living, and if Dead, his Executor or Administrator, to Prosecute such their Action or Actions against the Executors or Administrators of such Defendant or Defendants, and proceéd against them to Final judgement therein, as is likewise hereafter in that behalf set forth and provided, as if the said Defendant or Defendants, themselves, had been Living; if such Action or Actions be such as may, or might by Law be Originally brought and prosecuted against an Executor or Administrator.  
And that in Case of the Death of such Plaintiff or Plaintiffs, as aforesaid, it shall, and may be Lawful to, and for his, and their Executors, or Administrators, or any of them, to Sue forth, and Prosecute one, or more Writ or Writs of Scire facias, against the Defendant or Defendants, in such Action or Actions, if then Living, or if Dead, against the Executors, or Administrators of such Defendant or Defendants, for Reviving and Continuing such Suit, or Suits, till judgement final shall be given therein; and in Case of the Death of such Defendant, or Defendants, as aforesaid, it shall and may be lawful, to, and for such Plaintiff or Plaintiffs (if living) and if Dead, his or their Executors, or Administrators, or any of them, in like manner to Sue forth, and Prosecute one, or more Writ, or Writs of Scire Facias against the Executors, or Administrators of such Defendant, or Defendants, for Reviving and Continuing such Suit or Suits, till judgement final shall be given therein, as aforesaid; the Effect of which said Writ, or Writs of Scire Facias, shall be for the party or parties against whom the same shall be Awarded, to show cause, why notwithstanding, such the Death of any the parties to such Suit or Suits, aforesaid; The Plaintiff, or Plaintiffs in the said Writ or Writs, of Scire Facias, his, or their Executors, or Administrators, should not proceéd to judgement final therein, for the Recovery of such Debt or Damage, for which such Action or Actions, was at first brought. And if at the Return of such Writ or Writs, of Scire facias, the Defendant or Defendants, named therein, shall appear, but not show sufficient Cause to stay, or Arrest the judgement final, or in default of such Appearance, it shall be Returned, that such Defendant or Defendants were duly Warned, or after Two such Writs of Scire Facias returned; it be returned that the said Defendant, or Defendants could not be found in the Bailiwick where such Summons Issued, or that they had nothing in the said Bailiwick, by which they, or any of them could be Summoned, that then, in every such Case, One or more Writ, or Writs of Inquiry of Damage, shall be Awarded for the Plaintiff or Plaintiffs, in such Writ, or Writs of Scire Facias, against such Defendant, or Defendants therein named; upon return of which said Writ, or Writs of Inquiry, duly Executed, judgement final shall be given for every such Plaintiff or Plaintiffs, against every such Defendant or Defendants, in such Writ, or Writs of Scire Facias, as aforesaid.  
And be it further Enacted, for the Purposes aforesaid, That if at any time after the time Limited, as aforesaid, Two or more persons shall be jointly Plaintiffs in any Action or Actions, against Two or more persons, likewise jointly named Defendants therein, the Death or Deaths, of One or more of such Plaintiff or Plaintiffs, or such Defendant or Defendants, shall not abate such Writ or Writs, in such Action or Actions, but that the same being suggested upon the Roll, or Record, of such Action or Actions, it shall, and may be lawful to, and for the Surviving Plaintiff or Plaintiffs, in such Action or Actions, to proceéd to judgement against the Surviving Defendant or Defendants, in the same, as if such Death had not been.  
And whereas by the Law, as it now stands, if any Action or Suit be Commenced, or brought upon any Bond, or other penal Sum, for performance of Covenants, or other Agreéments, in any Deéd or Indenture; The party that brings the same, can Assign only One Breach of Covenant, altho' there are in Truth several Breaches Committed, of which the party Plaintiff in such Action, can have no Benefit, or Reparation, notwithstanding, that he is really Damnified by Reason thereof. For Remedy whereof.  
Be it further Enacted by the Authority aforesaid, That in all Actions, which from, and after the said First Day of May, shall be Commenced, or Prosecuted in any of His Majesty's Courts of Record, in this Kingdom, or any the Courts of the County Palatine of Tipperary, upon any Bond or Bonds, or on any Penal Sum, for Non-performance of any Covenants, or Agreéments, in any Indenture, Deéd, of Writing contained, the Plaintiff or Plaintiffs, may Assign as many Breaches of the said Covenants, or Agreéments, as he, or they shall think fit: And thereupon, it shall and may be Lawful, for the jury, upon such Trial of such Action or Actions, not only to Assess such Damages, and Costs of Suit as have been heretofore usully done in such Cases; but also to give Damage for such of the said Breaches, so to be Assigned, as such Plaintiff or Plaintiffs, upon such Trial of the Issues taken therein, shall prove to have been Broken, and that the like judgement or judgements shall be Entered on every such Verdict or Verdicts, as heretofore have been usually done in such like Cases. And if it shall happen, that such Defendant or Defendants, shall not Plead to the Issue, but judgement shall be given against him or them for such Plaintiff or Plaintiffs, upon Demurrer, or by Nihil dicit, Non sum Informatus, Cognovit Action. or the like; then, and in such Case, it shall and may be Lawful, to, and for such Plaintiff or Plaintiffs, to suggest upon the Roll of Record, in such Action or Actions, such, and as many Breaches or the said Covenants and Agreéments, as he or they shall think fit upon which said Suggestion, one, or more Writ, or Writs, shall Issue, directed to the Sheriff of that County, where such Action or Actions shall be brought, to Summon a jury to appear before the justice, or justices of Assize, or Nisi prius, at their next coming into that County, to inquire of the Truth of every one of those Breaches, and such jury, to Assess the said Damages severally, which the said Plaintiff or Plaintiffs shall have sustained, for every of the said Breaches so Assigned, as aforesaid; in which said Writ, it shall be likewise Commanded to the said justice, or justices of Assize, or Nisi prius, before whom such Damages shall be so given, that he, or they shall make a full and certain Return of the said Writ or Writs, and the due Execution thereof to the Court from which the same shall so Issue, according to the Exigency thereof, and the time therein mentioned; which said Writ or Writs so returned, shall be Filled, and thereupon judgement or judgements, shall be Entered in the said Court, on such Return, as in Cases of Writs of Enquiry of Damages, of the like nature. And in Case the Defendant or Defendants, after such judgement Entered, and before Execution Executed, shall pay into the Court, where the said Action shall be brought, to the use of the Plaintiff or Plaintiffs, his or their Executors, or Administrators, such Damages so Assessed by the jury, by reason of all, or any the Breaches of such Covenants, together with the Costs of Suit, that then a Stay of Execution shall be Entered upon the Record of the said judgement, and made accordingly for that time, as also, whensoever it shall happen, that by reason of any Execution Sued forth, and Executed upon such judgement, the Plaintiff or Plaintiffs, his or their Executors, or Administrators, shall be fully Satisfied or Paid, all his or their Debt or Damages so Assessed, or the Penalty of such Bond, or Bill penal, at the Election of the Defendant, together with his or their Costs of Suit, and all reasonable Charges and Expenses for Executing the said Execution; that then, and from thenceforth, the Body, Goods, and Lands of such Defendant, shall be discharged from such Execution, which said Discharge, shall likewise be Entered upon the Record of the Roll of the said judgement. Yet it is hereby declared, That notwithstanding such Discharges, or Stay of such Executions, and the Entry or Entries of either, or any of them, as aforesaid, upon Record, where such Damages do not amount to the Penalty of such Bond or Bill Penal, such judgement or judgements, shall still remain, continue, and be in full Force, Vigour, and Effect to the purposes hereafter mentioned (That is to say) As a further Security to answer to such Plaintiff or Plaintiffs, and his, or their Executors, or Administrators; all such Damages as shall, or may be at any time afterwards sustained, for, or by reason of any further Breach of any the Covenant or Covenants in such Indenture, Deéd, or Writing contained, if any such shall happen to be, and no Satisfaction be made for the same, as aforesaid, as far as the Remainder of such Penalty, after the payment of the Damage formerly Recovered out of the same, will reach; upon which said Breach or Breaches, such Plaintiff, or Plaintiffs may have, and shall be at Liberty to Sue forth a Writ of Scire facias upon the said judgement against such Defendant or Defendants, his, or their Executors, or Administrators, or against his Heirs, or Ter-tenants, Grounded upon Suggestion of other Breach or Breaches of the said Covenants or Agreéments, upon the Roll of the said judgement, as aforesaid; and thereupon to Summon him or them respectively to show Cause why Execution should not be had or awarded upon the said judgement; upon which, there shall be the like proceedings as was in the Original Action of Debt, brought upon the said Bond or Obligation, for Assessing of Damages, upon Trial of Issues, joined upon such Breaches; or in Case of Default upon a Writ of Inquiry thereof, to be awarded in manner as aforesaid.  
Provided always, That upon Payment, or Satisfaction to be made of all such future Damages, Costs and Charges, in manner as aforesaid, or of so much of such future Damages as the Remaining Sum of the Penalty of such Bond or Bill Penal, after Payment and Satisfaction for the Damages formerly recovered will extend unto, together with Costs of Suit, all further proceedings, or the said judgement shall again be stayed, and so Toties quoties (as Occasion shall Require) upon every new Breach, the said judgement to be made use of as far as aforesaid, and no further, and upon Satisfaction made in manner aforesaid, the Defendant his Body or Goods and Lands to be again Freéd and Discharged out of Execution, as aforesaid.  
FINIS.