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William and Mary, 1692: An Act for takeing Special Bails in the Countrey upon Actions and Suites depending in the Courts of Kings Bench Co[m]mon Pleas and Exchequer att Westminster [Chapter IV Rot. Parl. pt. 2. nu. 3.]

Page 379

Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.

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Citation:

In this section

Chief Justice, &c. may make any Persons, except Attorneys and Solicitors, Commissioners to take Bail in the Country.

Justices, &c. to receive the Bailpiece upon Affidavit of due Execution; Such Bail to be of the same Effect as if taken debeneesse. Commissioners Fee.

For the greater ease and benefitt of all persons whatsoever in takeing the Recognizances of Special Bails upon all Actions and Suites depending or to be depending in any of the Courts of Kings Bench Comon Pleas or Exchequer at Westminster Be it enacted by the King and Queens most excellent Majesties by and with the advice and consent of the Lords Spiritual and Temporal and Co[m]mons in this p[re]sent Parliament assembled and by the Authority of the same That the Cheif Justice and other the Justices of the Court of Kings Bench for the time being or any two of them whereof the Cheif Justice for the time being to be one for the said Court of Kings Bench and the Chief Justice of the Court of Comon Pleas and other the Justices there for the time being or any Two of them whereof the Chief Justice of the same Court to bee one for the said Court of Cm[m]mon Pleas and also the Cheife Baron and Barons of the Quoife of the Court of Exchequer for the time being or any Two of them whereof the Chief Baron for the time being to be one for the said Court of Exchequer shall or may by one or more Comission or Comissions under the several Seals of the said respective Courts from time to time as need shall require impower such and so many persons other then com[m]on Attorneys and Sollicitors as they shall think fitt and necessary in all and every the several Shires and Counties within the Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed to take and receive all and every such Recognizance or Recognizances of Bail or Bails as any person or persons shall be willing or desirous to acknowledge or make before any of the persons so impowered in any Action or Suite depending or [hereafter (fn. 1) ] to be depending [depending (fn. 2) ] in the said respective Courts or any of them in such manner and forme and by such Recognizance or Bail-peece as the Justices and Barons of the said respective Courts have used to take the same which said Recognizance or Recognizances of Bail or Bailpeice so taken as aforesaid shall be transmitted to some or one of the Justices [& (fn. 3) ] Barons of the said respective Courts where such Action or Suite shall be depending who upon Affidavitt made of the due takeing of the Recognizance of such Bail or Bail peece by some credible person present at the takeing thereof such Justice or Baron shall receive the same upon payment of such Fees as have been usually received for the takeing of Special Bails by the Justices and Barons Clerks and other the Officers of the said respective Courts Which Recognizance of Bail or Bail-peece so taken and transmitted shall be of the like effect as if the same were taken de bene esse before any of the said Justices [and (fn. 4) ] Barons for the takeing of every which Recognizance or Recognizancs of Bail or Bail-piece the person or persons so impowered shall receive only the Sum or Fee of two shillings and no more

II. Power given to Justices, &c. to make Rules for justifying not ordering Appearance of Cognizor.

Proviso for London, &c.

And be it further enacted by the Authority aforesaid That the Justices and Barons respectively in the several Courts shall make such Rules and Orders for the justifying of such Bails and makeing of the same absolute as to them shall seem meet so as the Cognizor or Cognizors of such Bail or Bails be not compelled to appear in person in any of the said Courts to justifie him or themselves but the same may and is hereby directed to be determined by Affidavitt or Affidavits duely taken before the said Comissioners who are hereby impowered and required to take the same and also to examine the Sureties upon Oath touching the value of their respective Estates unlesse the Cognizor or Cognizors of such Bail do live within the Cities of London and Westminster or within Ten miles thereof.

III. Justices of Assize may take Bail.

And be it further enacted by the Authority aforesaid That any Judge of Assize in his Circuit shall and may take and receive all and every such Recognizance and Recognizances of Bail or Bails as any person shall be willing and desirous to make and acknowledge before him which being transmitted in like manner as aforesaid shall (without Oath) be received in manner as aforesaid upon payment of the usuall Fees.

IV. Persons being Bail in an other Man's Name.

Death.

And be it further enacted by the Authority aforesaid That any person or persons who shall (before any person or persons impowered by virtue of this Act as aforesaid to take Bail or Bails) represent and personate any other person or persons (whereby the person or persons so represented and personated may be liable to the payment of any Sum or Sums of money for Debt or Damags to be recovered in the same Suite or Action wherein such person or persons are represented and personated as if they had really acknowledged and entred into the same being lawfully convicted thereof shall be adjudged esteemed and taken to be Felons and suffer the pains of Death and incur such Forfeitures and Penalties as Felons in other cases convicted or attainted do by the Law of England lose and forfeit.

Footnotes

  • 1. interlined on the Roll.
  • 2. O. omits.
  • 3. or O.
  • 4. and O.