Mispleadings, Jeofails, etc. Act 1540
| Jurisdiction | UK Non-devolved |
| Citation | 1540 c. 30 |
(32 Hen. 8) C A P. XXX.
'FOrasmuch as the Party Plaintiffs and Demandants in all manner of Actions and Suits, as well real as personal, at the Common Law of this Realm, before this Time have been greatly delayed and hindered in their Suits and Demands, by reason of the crafty, subtile and negligent Pleadings of the Plaintiffs or Demandants, Defendants or Tenants, where any Action or Demand hath been sued, had or made, as well in ministring of their Declarations and Bars, as also in their Replications, Rejoinders, Rebutters, joining of Issues, and other Pleadings, to the great Hurry, Delay and Hindrance of the said Plaintiffs or Demandants, or to the Vexation of the Defendants or Tenants; (2) in so much that when the Issues joined in the same Actions between the Parties to the same hath been tried and found by the Verdict of twelve or mo indifferent Persons, for the said Plaintiffs or Demandants, or for the Tenants or Defendants, and the Justices ready to give Judgment for the said Parties for whom the same Issue was found, the same Partieshave been compelled by the Course and order of the Common Law of this Realm afore this Time, to replead, and the said Verdicts so given, as is afore rehearsed, to be taken as void and of none Effect; sometime because the Issues have been misjoined, and Jeofail, and sometime by taking Advantages of the Parties own Mispleading, or in the pursuing, miscontinuing or discontinuing of Process of any of the Parties, and for divers other Causes, the which is thought as well a great Slander to the said CommonLaw of this Realm, and to the Ministers of the same, as also a plain Delay and Hindrance unto the said Parties, in that they should not have their Judgments when the Issuehath been found and tried as is afore said, to their great Costs and Charges:' (3) Be it therefore enacted by the King our Sovereign Lord, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That from henceforth if any Issue be tried by the Oathof twelve or more indifferent Men, for the Party Plaintiff or Demandant, or for the Party of the Tenant or Defendant, in any manner of Action or Suit at the Common Law of this Realm, in any of the King's Courts of Record, that then the Justice or Justices by whom Judgment thereof ought to be given, shall proceed and give Judgmentin the same; (4)...
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