AN ACT For the prevention of Vexations and Oppressions by Arrests; And of Delays in Suits of LAW.  
DUBLIN, Printed by Andrew Crook, Printer to the Kings Most Excellent Majesty, on Ormonde-Key, 1695.   

CHAP. XXV. An Act for the prevention of Vexations and Oppressions by Arrests; And of Delays in Suits of Law.  
WHereas by the Laws of this Kingdom, in Case where any Person is Sued, Impleaded or Arrested by any writ, Bill or Process, Issuing out of any of his Majesties Courts of Record, at Dublin, in any Common Plea, at the svit of any Common Person, The True Cause of Action ought to be set forth and Expressed in such writ, Bill or Process, whereby the Defendant may have certain Knowledge of the Cause of the svit; and the Officer who shall Execute such writ, Bill or Process, may know how to take Security for the Appearance of the Defendant to the same, and the Sureties for such Appearance may rightly understand for what Cause they become Engaged.  
And whereas there is a great Complaint of the People of this Kingdom, that for Divers Years last past, very many of His Majesties Good Subjects have been Arrested upon General writs of Trespass, Quare Clausum Fregit, or other like writs Issued out of the Courts of Kings-Bench, and Common-Pleas, not Expressing any Particular or Certain Cause of Action; and thereupon kept Prisoners for a long time for want of Bail, Bonds, with Sureties for Appearances, having been Demanded in so great sums, that few or none have Dared to be Security for the Appearance of such Persons so Arrested and Imprisoned; altho in Truth there hath been little or no Cause of Action, and oftentimes there are no such Persons who are name plaintiffs; but those Arrests have been many times procured by Malicious Persons to Vex and Oppress the Defendants, and to force from them unreasonable and Vnjust Compositions for Obtaining their Liberty; and by such Evil Practices many Men have been, and are Daily undone, and Destroyed in their Estates, without Possibility of having Reparation, the Actors employed in such Practices having been( for the most part) Poor and Lurking Persons, and their Actings Secret, that it hath been found very Difficult to make True Discoveries on proof thereof.  
For Remedy and prevention of which so great growing Evils and Mischiefs; And also for Discouraging all Frivolous and Vnjust Suits and Causeless Arrests for the Future.  
Be it Enacted by the Kings 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 Twelfth Day of December next, no Person or Persons who shall happen to be Arrested by any Sheriff, Vnder-Sheriff, Coroner, Steward or bailiff of any franchise or Liberty, or by any other Officer, Minister, Vnder-Bayliff, or any other Person or Persons whatsoever within this Realm, having or pretending to have Authority or Warrant in that behalf, by force or Colour of any writ, Bill, or Process, Issuing, or to be Issuing out of His Majesties said Court of Kings-Bench and Common-Pleas, or either of them, or other Court of Iustice, in which said writ, Bill, or Process, or at the Foot thereof, the Certainty or True Cause of Action is not Expressed, Marked, or Set Down particularly; and for which the Defendant or Defendants in such writ, Bill, or Process name is and are Bailable by the Statute in that behalf made in the Threé and Twentieth Year of the Reign of the Late King Henry the Sixth, shall be Forced or Compelled to give Security, or to Enter into Bond with Sureties for the Appearances of such Person or Persons so Arrested, at the day and place in the said Writs, Bill, or Process, on the Foot thereof Specified or Contained in any Penalty or sum of Money exceeding the sum of Forty Pounds of Lawful Money of England, to be Conditioned for such Appearances. And that all Sheriffs and other Officers and Ministers aforesaid, shall let to Bail, and Deliver out of Prison, and from their and Every of their Custodies, Respectively, all and every person or persons whatsoever, by them, or any of them Arrested upon any such writ, Bill, or Process wherein the Certainty and True Cause of Action is not particularly Expressed, as aforesaid, upon Security in the sum of Forty pounds, and no more, given for Appearance of such person or persons so Arrested, unto the said Sheriff or Officer aforesaid, according to the said Statute in the said Threé and Twentieth Year of the Reign of the said King Henry the Sixth, in that behalf made and Provided.  
And be it further Enacted by the Authority aforesaid, That upon Appearance to be Entred in the Term wherein such writ, Bill, or Process is Returnable with the Respective Officer in that behalf for the said person or persons, by Attorney or Attorneys in the said Respective Courts from whence the said writ, Bill, or Process Issued unto such writ, Bill, or Process, the Bond or Bonds so given for Appearance thereunto, be, and are hereby satisfied and Discharged; And that after such Appearance so Entred, no Amercement be set or Estreated upon, or against any Sheriff, or other Officer aforesaid; or any other person whatsoever, Concerning the want of such Appearance: And unless the plaintiff or plaintiffs in any such writ, Bill, or Process name, shall put into the Court from whence such writ, Bill or Process did Issue, his or their Bill for Declaration against the person or persons so Arrested in some personal Action ( Ejectione firm) of Lands and Tenements before the End of the Term next following for Appearance, that then a nonsuit for want of a Declaration may be Entred against the said plaintiff or plaintiffs in the said Courts, Respectively: And that Every Defendant in every such writ, Bill or Process name, shall or may have Iudgment to Recover Costs against Every such plaintiff or plaintiffs, to be Assessed, Taxed, and Levied in such manner, and according as it is provided by the Statute for Costs made in the Threé and Twentieth Year of the Reign of the Late King Henry the Eighth, any former or other Act, Statute, Ordnance, Law, Custom, Order, Course or Vseage of either of the said Courts to the Contrary thereof heretofore had, made, admitted, or used in any wise Notwithstanding.  
Provided always that this Act, nor any Clause or Thing herein before Specified or Contained shall not Extend or be Construed or Taken to Extend unto any Arrests hereafter to be made upon, or by virtue of any writ of Capias Utlagatum, Attachment upon Rescous, or Attachment upon any Contempt, or of any Attachment of privilege, at the svit of any privileged person, or of any other Attachment for Contempt whatsoever, Issuing, or to be Issuing out of Either of the said Courts, altho there be no particular Certainty of the Cause of Action Expressed or Contained in the said writs, but that Nevertheless no Sheriff or Vnder-Sheriff, nor any of the Officers or Ministers aforesaid, shall Discharge any person or persons taken upon any writ of Capias Utlagatum, out of Custody without a Lawful Supersedeas first had and Received for the same, and that upon the said writs of Attachment such Lawful Course be taken for Security for Appearance therein, as hath been heretofore used, any thing herein before Expressed to the Contrary thereof in any wise Notwithstanding.  
And whereas many persons-out of ill Intent to Delay their Creditors from Recovering their just Debts continue Prisoners, who cannot be proceéded against in such manner as they might be if they were at Large. Now for the better Enabling all and Every person or persons to Recover their just Debts and Demands against such Prisoners.  
Be it further Enacted by the Authority aforesaid, That Every person or persons whatsoever who now hath or have, or which at any time hereafter shall have Cause of any personal Action against any person, being a Prisoner in Prison, may Sue forth any Original writ upon his or their Cause of Action: And that a writ of Habeas Corpus be granted to Every such person or persons being plaintiff or plaintiffs, desiring the same to be Directed to the gaoler, or keeper of the same Prison, to have the Body of such Prisoners before any His Majesties Iustices of the Kings-Bench, or Common-Pleas at some certain Day in any Term, to Answer the said plaintiff or plaintiffs upon his or their said Cause of Action; And that if the said plaintiff or plaintiffs at the said Day put into the said Court his or their Declaration, according to the said Original writ against the said Prisoner being present at the Bar, the said person shall be bound to appear in person, or to put in an Attorney to appear for him in the said Action, and unless the said Defendant pled upon a Rule given to be out at the Eight Days at the least, after such Appearance Iudgment by Nihil dicit may be Entred against such Defendants as Appearing in person, which shall be Good and Effectual in Law: And such Charge in Court by Declarations signified by Rule unto the gaoler or keeper shall be a Good Cause of Detension of such Prisoner in his Custody, from which he shall not be Discharged without a Lawful Supersedeas, or Rule of Court: And if the said gaoler or keeper shall do otherwise, he shall be Responsible to the Court, and to the Party grieved for Damages, by Action upon the Case, to be brought against him for Discharging such Prisoner.  
And whereas very many suits Commenced by Original writs have been Protracted and long Delayed from Iudgment and Execution, by Reason of the Necessity of having Fifteén Days, at the least, betweén the Days of the Teste, and the Days of the Return of writs now used in personal Actions, and also in Actions of Ejectione firm, for Lands and Tenements. For Remedy whereof; and for the more Easy Expediting trials, and the better and more speédy Executing Iudgments for the time to come.  
Be it further Enacted, by the Authority aforesaid, That in all Actions of Debt, and all other personal Actions whatfoever; And also in Actions of Ejectione firm, for Lands or Tenements, now Depending, or which at any time hereafter shall be Depending in either of his Majesties Courts aforesaid, after any Issue therein joined, to be tried by a jury; and also after any Iudgment had or obtained, or to be had or obtained in any the Courts aforesaid, in any such Action, as aforesaid, there shall not neéd to be Fifteén Days betweén the Teste and Day of Return of any writ or writs of Venire facias, Habeas Corpora Jurator. or Distringas Jurator. writs of Fieri facias, or writs of Capias ad Satisfaciendum, and that the want of Fiftéen Days betweén the Test Day, and the Day of the Return of any such writ, shall not be, nor shall be Assigned, Taken, or Adjudged to be any Matter or Cause of Error; Any Law, Custom, Statute, Course or usage to the Contrary thereof, in any wise Notwithstanding.  
Provided Nevertheless that this Act, nor any thing therein Contained shall not Extend, or be Construed to Extend to any writ of Capias ad satisfaciend. whereon a writ of Exigent after Iudgment is to be Awarded, nor to Capias ad satisfaciend. against the Defendant, in Order to make any Bail liable, but that the same Continue and be as if this Act had never been made.  
And whereas by an Act of Parliament made in this Kingdom in the Tenth year of the Reign of our late Sovereign Lord King Charles the First, of Blessed Memory, a very good Law was made for avoiding unnecessary Delays of Execution, whereby it is Enacted, That no Execution shall be Stayed or Delayed upon or by any writ of Error, or Supersedeas thereupon, to be Sued for the Reversing of any Iudgment to be given in any Action or Bill of Debt, upon any single Bond for Debt, or upon any Obligation, with Condition for payment of Money only, or upon any Action or Bill of Debt for Rent, or upon any Contract Sued in any of His Majesties Courts of Record at Dublin; unless such person or persons in whose name or names such writ of Error shall be brought with two sufficient Sureties, such as the Court wherein such Iudgment is or shall be given shall allow of, shall first before such Stay made or Supersedeas to be awarded, be bound to the party for whom any such Iudgment was or should be given by recognisance to be acknowledged in the same Court, in double the sum adjudged, to be recovered by the said former Iudgment, to prosecute the said writ of Error with Effect, and also to satisfy and pay( if the said Iudgment shall be affirmed) all and singular the Debts, Damages and Costs adjudged, or to be adjudged upon the former Iudgment, and all Costs and Damages to be also awarded for the same delaying of Execution, which Law hath been found by experience to be very good and beneficial to the Commonwealth. And forasmuch as divers other Causes wherein the same Mischief by Delays and Staying of Execution by writs of error and Supersedeas thereupon are not Provided for by the Statute in the several Actions hereafter Specified.  
Be it further Enacted, That the said Recited Act be of Force in this Kingdom. And be it further Enacted and Ordained, by the Authority aforesaid, That from and after the Twentieth Day of December next no Execution shall be Stayed in any of His Majesties Four Courts, or in the County Palatine of Tipperary, by any writ or writs of Error or Supersedeas thereupon, after any Verdict and Iudgment thereupon obtained in any Action of Debt, or in any Action upon the Case, upon any Promise for the payment of Money, Actions Sur Trover, Actions of Covenant, Detinue and Trespass, unless such recognisance, and in such manner as by the said Recited former Act is Directed, shall be first Acknowledged in the said Court where such Iudgment is given.  
And be it also Enacted by the Authority aforesaid, That if any Person or Persons after the said Day shall Sue or Prosecute any writ or writs of Error for the Reversal of any Iudgment whatsoever given after any Verdict in any the Courts aforesaid; and the said Iudgment shall afterwards be Affirmed, then Every such Person or Persons shall Pay unto the Defendant or Defendants in the said writ or writs of Error, his or their Double Costs, to be Assessed by the Court where such writ of Error shall be Depending, for the Delaying of Execution.  
Provided Nevertheless that this Act, nor any Thing therein Contained, shall not Extend to any Action Popular, nor unto any other Action which is, or hereafter shall be brought upon any Penal Law, or Statute, nor to any Indictment, Presentment, Inquisition, Information or Appeal, any thing herein before Expressed to the Contrary thereof Notwithstanding.  
FINIS.