Administration of Justice Act 1705
| Jurisdiction | UK Non-devolved |
(4 & 5 Ann.) C A P. XVI. (III)
F O R the Amendment of the Law in several Particulars, and for the easier, speedier, and better Advancement of Justice, Be it enacted by the Queen'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 from and after the first Day ofTrinity Term which shall be in the Year of our Lord one thousand seven hundred and six, where any Demurrer shall be joined, and entred in any Action or Suit in any Court of Record within this Realm, the Judges shall proceed and give Judgment, according as the very Right of the Cause and Matter in Law shall appear unto them, without regarding any Imperfection,Omission, or Defect in any Writ, Return, Plaint, Declaration, or other Pleading, Process, or Course of Proceeding whatsoever, except those only which the Party demurring shall specially and particularly set down and express, together with his Demurrer, as Causesof the same, notwithstanding that such Imperfection, Omission, or Defect might have heretofore been taken to be Matter of Substance, and not aided by the Statute made in the twenty-seventh Year of Queen Elizabeth , intituled, , so as sufficient Matter appear in the said Pleadings, upon which the Court may give Judgment according to the very Right of the Cause; and therefore from and after the said first Day ofTrinity Term, no Advantage or Exception shall be taken of or for an immaterial Traverse; or of or for the Default of entring Pledges upon any Bill or Declaration; or of or for the Default of alledging the bringing into Court any Bond, Bill, Indenture, or other Deed whatsoever mentioned in the Declaration or other Pleading; or of or for the Default of alledging of the bringing into Court Letters Testamentary, or Letters of Administration; or of or for the Omission of Vi & Armis & contra pacem , or either of them; or of or for the want of Averment of Hoc paratus est verificare , or, Hoc paratus est verificare per Recordum ; or of or for not alledging prout patet per Recordum , but the Court shall give Judgment according to the very Right of the Cause as aforesaid, without regarding any such Imperfections, Omissions and Defects, or any other Matter of like Nature, except the same shall be specially and particularly set down and shewn for Cause of Demurrer.
II All Statutes of Jeofails to be extended to Judgments upon Nihil dicit, &c. No such Judgment to be reversed.
II. And be it further enacted by the Authority aforesaid, That from and after the said first Day ofTrinity Term, all the Statutes of Jeofails shall be extended to Judgments which shall at any Time afterwards be entred upon Confession, Nihil dicit , or Non sum informatus , in any Court of Record; and no such Judgment shall be reversed, nor any Judgment upon any Writ of Enquiry of Damages executed thereon be staid or reversed, for or by reason of any Imperfection, Omission, Defect, Matter or Thing whatsoever, which would have been aided and cured by any of the said Statutes of Jeofails in case a Verdict of twelve Men had been given in the said Action or Suit, so as there be an original Writ or Bill, and Warrants of Attorney duly filed according to the Law as is now used.
III When Warrants of Attorney shall be filed.
III. Provided always, and be it enacted by the Authority aforesaid, That the Attorney for the Plaintiff, or Demandant in any Action or Suit, shall file his Warrant of Attorney with the proper Officer of the Court where the Cause is depending the same Term he declares; and the Attorney for the Defendant or Tenant shall file his Warrant of Attorney as aforesaid, the same Term he appears, under the Penalties inflicted upon Attornies by any former Law for Default of filing their Warrants of Attorney.
IV Defendant, &c. may plead several Matters.
IV. And be it further enacted by the Authority aforesaid, That from and after the said first Day ofTrinity Term it shall and may be lawful for any Defendant or Tenant in any Action or Suit, or for any Plaintiff in Replevin, in any Court of Record, with the Leave of the same Court, to plead as many several Matters thereto, as he shall think necessary for his Defence.
V Proviso touching Costs.
V. Provided nevertheless, That if any such Matter shall, upon a Demurrer joined, be judged insufficient, Costs shall be given at the Discretion of the Court; or if a Verdict shall be found upon any Issue in the said Cause for the Plaintiff or Demandant, Costs shall be also given in like Manner, unless the Judge, who tried the said Issue, shall certify, that the said Defendant, or Tenant, or Plaintiff in Replevin, had a probable Cause to plead such Matter which upon the said Issue shall be found against him.
VI Venire facias how to be awarded.
'VI. And whereas great Delays do frequently happen in Trials, by reason of Challenges to the Arrays of Panels of Jurors, and to the Polls, for Default of Hundredors:' For Prevention thereof for the future, be it enacted by the Authority aforesaid, That from and after the said first Day ofTrinity Term, every Venire facias for the Trial of any Issue, in any Action or Suit in any of her Majesty's Courts of Record at Westminster , shall be awarded of the Body of the proper County where such Issue is triable.
VII Not to extend to Writs of Appeal of Felony or Murder, &c.
VII. Provided always, and be it enacted by the Authority aforesaid, That nothing in this Act before contained shall extend to any Writ, Declaration, or Suit of Appeal of Felony or Murder, or to any Indictment or Presentment of Treason, Felony or Murder, or other Matter, or to any Process upon any of them, or to any Writ, Bill, Acton or Information upon any Penal Statute.
VIII Where Jurors are to view Lands, &c.
VIII. And be it further enacted by the Authority aforesaid, That from and after the said first Day ofTrinity Term in any Actions brought in any of her Majesty's Courts of Record at Westminster , where it shall appear to the Court in which such Actions are depending, that it will be proper and necessary, that the Jurorswho are to try the Issues in any such Actions, should have the view of the Messuages, Lands, or Place, in Question, in order to their...
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