Frivolous Arrests Act 1725
| Jurisdiction | UK Non-devolved |
| Citation | 1725 c. 29 |
| Year | 1725 |
(12 Geo. 1) C A P. XXIX. Anno Regni GEORGII Regis Magn Britanni, Franci &Hiberni, duodecimo.
An Act to prevent frivolous and vexatious Arrests.
I Explained and amended by 5 Geo. 2. c. 27. None to be held to Special Bail in a Superior Court under 10 l.
I. FOR the more effectual preventing frivolous and vexatious Arrests, 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 from and after the twenty-fourth Day ofJune one thousand seven hundred and twenty-six, no Person shall be held to Special Bail upon any Process issuing out of any Superior Court, where the Cause or Action shall not amount to the Sum of ten Pounds or upwards; nor out of any Inferior Court, where the Cause of Action shall not amount to the Sum of forty Shillings or upwards; and that in all Cases, where the Cause of Action shall not amount to the Sumof ten Pounds or upwards in any such Superior Court, or to forty Shillings or upwards in any such Inferior Court (and the Plaintiff or Plaintiffs shall proceed by the Way of Process against the Person) he, she or they shall not arrest or cause to be arrested, the Body of the Defendant or Defendants, but shall serve him, her or them personally, within the Jurisdiction of the Court, with a Copy of the Process; and if such Defendant or Defendants shall not appear at the Return of the Process or within four Days after such Return, in such Case it shall and may be lawful to and for the Plaintiff or Plaintiffs, upon Affidavitbeing made, and filed in the proper Court, of the Personal Service of such Process as aforesaid (which said Affidavit shall be filedgratis ) to enter a Common Appearance or file Common Bail for the Defendant or Defendants, and to proceed thereon, as if such Defendant or Defendants had entered his, her or their Appearance, or filed Common Bail; any Law or Usage to the contrary notwithstanding.
II Where the Cause of Action amounts higher, Affidavit to be made thereof, and the Sum indorsed on the Back of the Writ, &c.
II. And be it further enacted by the Authority aforesaid, That from and after the said...
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