March 1650: An Act for Redress of Delays and Mischiefs arising by Writs of Error in several Cases.

March 1650

[11 March, 1649/50.]

No Execution to be stayed by any Writ of Error.

Forasmuch as very great Delays, Vexations and Oppressions have been, and still are occasioned to the People of this Nation, by staying Executions by Writs of Error, after Verdict and Judge ment thereupon obtained; For remedy thereof, Be it Enacted and Ordained, That from and after the First day of May, which shall be in the year of our Lord, One thousand six hundred and fifty, no Execution shall be stayed or superseded in any Court of Record, by any Writ or Writs of Error, after Verdict and Judgement thereupon obtained.

Supersedeas granted shall be discontinued.

And be it further Enacted and Ordained, That all and every Supersedeas granted and awarded before the said first day of May, upon any such Writ or Writs of Error now depending, shall within ten days after the beginning of the Term commonly called Trinity Term, which shall be in the said year of our Lord, One thousand six hundred and fifty, be discontinued and void; and every person or persons shall have liberty to proceed upon his or their Judgements, and take forth Execution, Any Writ or Writs of Error or Supersedeas notwithstanding.

No Judgement to be stayed for want of form.

And be it further Enacted, That no Judgement shall at any time or times after the said First of May be arrested or stayed in any Court of Record, for want of any matter of form, or other defect whatsoever, except onely for want of matter of Substance, which shall be found or shewed publiquely to the Judge or Judges sitting in the said Court or Courts of Record, to be in the Declaration, Plea, Replication, or other proceedings after Appearance.

Double Costs.

And be it also Enacted, That what person or persons soever shall prosecute any Writ or Writs of Error to reverse a Judgement after verdict, which Judgement shall be afterwards affirmed that every such person or persons shall pay unto the Defendant in the said Writ of Error, double Costs, to be assessed by the same Court where the Writ of Error was depending.

Not to extend to any action popular, &c.; To continue for three years.

Provided always, That this Act, nor anything therein contained, shall not extend to any Action popular, or other Action which now is, or hereafter shall be brought upon any penal Statute; nor to any Indictment, Presentment, Inquisition, Information or Appeal: Provided, That this Act shall continue for three years, from the First day of May, One thousand six hundred and fifty.