AN ACT For taking Special Bails in the Country, upon Actions and Suits Depending in the Courts of KING'S-BENCH, COMMONPLEAS, and EXCHEQUER at DUBLIN.
DƲBLIN, Printed by Andrew Crook, Printer to the Kings Most Excellent Majesty, on Ormonde-Key, 1695.
An Act for taking Special Bails in the Country upon Actions and Suits Depending in the Courts of King's-Bench, Common-Pleas, and Exchequer, at Dublin. CHAP. XVIII.
FOR the Greater Ease and Benefit of all Persons whatsoever, in taking the Recognizances of Special Bail, upon all Actions and Suits Depending, or to be Depending, in any the Courts of King's-Bench, Common-Pleas, or Exchequer at Dublin.
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 the Chief Iustice, and other the Iustices of the Court of Kings-Bench, for the time being, or any two of them, whereof the Chief Iustice, for the time being, To be one for the said Court of King's-Bench, and the Chief Iustice of the Court of Common-Pleas; and other the Iustices there, for the time being, or any two of them, whereof the Chief Iustice of the same Court to be one for the said Court of Common-Pleas; and also the Chief Baron and Barons 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, may, and are Required, by one or more Commission or Commissions, according to the Largeness [Page 4] of the several Counties, under the several Seals of the said Respective Courts, from time to time, as neéd shall Require, Impower such, and so many Persons, other then common Attorneys and Sollicitors, as shall be fit and Necessary in all and Every the several Counties within the Kingdom of IRELAND, 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 Suit Depending, or hereafter to be Depending, in the said Respective Courts, or any of them, in such manner and Form, and by such Bail Peice as the Iustices and Barons of the said Respective Courts have used to take the same; For Each of which Commissions there shall be paid Thirteén Shillings and four-pence, and no more: Which said Recognizance or Recognizances of Bail, or Bail Peice so taken, as aforesaid, shall be Transmitted to some, or one of the Iustices or Barons of the said Respective Courts where such Action or Suit shall be Depending: And upon Affidavit made of the Due taking of the Recognizance of such Bail Peice, by some Credible Person present at the taking thereof, such Chief Iustice or Chief Baron, Iustice or Baron shall receive the same upon Payment of such Fees as have beén Vsually Received for the Taking of Special Bails by the Iustices and Barons Clerks, and other the Officers of the said Respective Courts: Which Recognizance of Bail, or Bail Peice so taken and Transmitted shall be of the like Effect, as if the same [Page 5] were taken, de bene Esse, before any of the said Iustices and Barons. For the taking of Every which Recognizance or Recognizances of Bail, or Bail Peice, the person or persons so Impowered shall Receive only the Summ or Fee of Two Shillings, and no more.
And be it further Enacted, by the Authority aforesaid, That the Iustices and Barons Respectively, in the several Courts, shall make such Rules and Orders for the Iustifying of such Bails, and making the same Absolute, as to them shall seém meét; 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 Iustifie him or themselves; but the same may, and is hereby Directed to be Determined by Affidavit or Affidavits Duely taken before the said Commissioners, 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, unless the Cognizor or Cognizors of such Bail do Live within the City of Dublin, or within Ten Miles thereof.
And be it further Enacted, by the Authority aforesaid, That any Iudge 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 Destrous 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 Vsual Feés.
And be it further Enacted, by the Authority [Page 6] aforesaid. That any Person or Persons who shall before any Person or Persons Impowered, by Vertue of this Act, as aforesaid, to take Bail or Bails, Represent or Personate any other Person or Persons, whereby the Person or Persons so Represented and Personated, may be lyable to the Payment of any Summ or Summs of Money, for Debt or Damages; to be Recovered in the same Suit 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, Esteémed, and Taken to be Felons, and suffer the Pains of Death; And Incurr such Forfeitures and Penalties as Felons, in other Cases Convicted or Attainted, do by the Law of this Realm Lose and Forfeit.