Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital that Damage Cleer is an unnecessary Charge.
Reasons for passing this Act.; No Damage Cleer to be taken after 29th Sept. 1672; Taking Damage Cleer; or refusing to sign Judgment till Damage Cleer paid; (Exception); Penalty.
Whereas the Moneyes which are taken by Prothonotaries of Your Majestyes Courts of Kings Bench and Common Pleas and by the Clerke, of Your Majestyes Court of Exchequer at Westminster and the Prothpnotary of Your Majesties Court of Common Pleas at Lancaster and the Prothonotaryes and Clerkes of other Your Majestyes Courts within the Realme of England and Dominion of Wales in the name of Damna Clericorum or Dammage Cleere are an unnecessary charge and burden to all Your Majestyes Subjects who have good cause and are putt to sue for Dammages in Actions where Damages are recoverable. For [the (fn. 1) ] avoiding of which inconveniencies for the future and that Your Majestyes Subjects may have an easier meanes for the recovery of their damages and just rights, which are unjustly detayned from them May it please Your most Excellent Majestie that it may be enacted. And the Kings most Excellent Majestie being willing upon all occasions to ease His Subjects of all unnecessary charges and burdens is gratiously pleased That it be enacted And bee it enacted by the Kings most Excellent Majestie With the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by Authoritie of the same That immediately from and after the Twenty ninth day of September which shall be in the yeare of our Lord One thousand six hundred seaventy two noe Damage Cleere ( (fn. 2) ) by any Title or Pretext whatsoever be due payable taken or received from any person or persons in any Action whatsoever sued or prosecuted in any of His Majestyes Courts at Westminster or elsewhere within the Kingdome of England or Dominion of Wales by any Prothonatory Clerke or Clerkes or other Officer or Officers of the said Courts respectively And that from and after the day and yeare aforesaid the said Fee of Damna Clericorum or Damage Cleere shall wholly cease and he for ever abolished in the said Courts And that if any Prothonatory Clerke or Clerkes or other Officer in any of the said Courts shall take or exact any summe or summes of Money in the name of Damna Clericorum or Damage Cleere or any thing in lieu thereof after the day and yeare abovementioned, Or if any of the said Prothonataries Clerke or Clerkes or their Deputyes at any time before the said Twenty ninth day of September in the yeare aforesaid shall exact or take any Damage Cleere or summe of Money Bond or Security in lieu thereof from any Plaintiffe or Plaintiffes Demandant or Demandants in any Action where Damages have beene, or hereafter shall be recovered in any of the said Courts or shall refuse or delay to signe any Judgement untill Dammage Cleere be first paid by the Plaintiffe or Demandant (which are not to be paid unlesse forth of the Moneyes leavyed from or paid by the Defendants as is herein after provided and mentioned) he or they soe offending shall forfeite treble the summe soe taken exacted or demanded to the partie or partyes grieved to be recovered by Bill Plaint or Information in any of the said Courts wherein noe Essoigne Protection or Wager of Law shall be allowed.
II. Out of what Monies and how Damage Cleer to be paid until the said 29th Sept.
[Provided and bee it further enacted That untill the Nine and twentyeth day of September which shall be in the yeare of our Lord God One thousand six hundred seaventy and two and noe longer The Damage Clere shall be paid answered and allowed out of such summe and summes of Money onely as shall be actually levyed or otherwise paid by or from the Defendants and onely for the proportion of the summe and summes of money which shall be soe levyed or otherwise paid as aforesaid, and noe more, or otherwise. (fn. 3) ]