November 1653: An Act for Redress of Delays and Mischiefs arising by Writs of Error, and Writs of false Judgement in several Cases.

November, 1653

[4 November, 1653.]

Non Execution shall be stayed or superseded by Writ of Error or false Judgement, after Verdict and Judgement.

Forasmuch as very great delays, vexations and oppressions have been and still are occasioned to the people of this Commonwealth, by staying Executions by Writs of Error and Writs of false Judgement, after Verdict and Judgement thereupon obtained: For remedy thereof, Be it Enacted by this present Parliament, and by the authority of the same, That from and after the seventh day of November, which shall be in the year of our Lord, One thousand six hundred fifty and three, no Execution shall be stayed or superseded in any Court or Courts of Record, or other Court, by any Writ or Writs of Error of false Judgement, after Verdict and Judgement thereupon obtained.

Such Supersedeas discontinued.

And be it further Enacted by the authority aforesaid, That all and every Supersedeas granted and awarded before the said Seventh day of November, One thousand six hundred fifty and three, upon any such Writ or Writs of Error or false Judgement now depending, shall from and after the said Seventh day of November, One thousand six hundred fifty and three, be discontinued and void: And every person or persons shall have liberty to proceed upon his or their Judgement or Judgements, and to take forth Execution thereupon, Any Writ or Writs of Error, false Judgement or Supersedeas notwithstanding.

No such Judgement shall be arrested, stayed or reversed for form.

And be it further Enacted, That no such Judgement or Judgements, nor any other Judgement or Judgements whatsoever, shall at any time or times after the said Seventh day of November, One thousand six hundred fifty and three, be arrested, stayed or reversed in any Court or Courts of Record, or other Court, 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, or other Court where the said Judgement or Judgements, Writ or Writs of Error or false Judgement shall be depending, to be in the Declaration, Plea, Replication, or other proceedings after Apparance.

Double Costs where Jugde; ment after Verdict shall be affirmed.

And be it also Enacted, That what person or persons soever shall prosecute any Writ or Writs of Error or false Judgement, 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 or Writs of Error or false Judgement, double Costs, to be assessed by the same Court where the said Writ or Writs of Error or false Judgement were depending.

This Act not to extend to Actions popular, or on penal Statutes, Indictments, Presentments, &c.

Provided always, That this Act, nor any thing 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.