Frivolous Suits Act 1698

Frivolous Suits Act 1698X1

1698 CHAPTER 9 11 Will 3

An Act for preventing of frivolous and vexatious Suits in the Principality of Wales and the Counties Palatine.

Editorial Information

X1 Abbreviated title derived from Chronological Table of the Statutes: Covering the Period from 1235 to the End of 1971 (London: Her Majesty's Stationery Office. 1972)

Recital of Stat. 22 &c 123 Car. II. c. 9. § 9;

43 Eliz. c. 6; Stat. 22 &c 23 Car. II. c. 9. § 9. and other Laws in force, extended to Great Sessions in Wales, &cc.

Whereas by a Clause in an Act made in the Twenty second and Twenty third Yeares of King Charles the Second intituled An Act for laying Impositions on Proceedings at Law It is enacted That in all Actions of Trespasse Assault and Battery and other Personall Actions the Plaintiffe in such Actions in case the Jury shall finde the Damages to be under the Value of Forty Shillings shall not recover or obtaine more Costs of Suite than the Damages soe found shall amount unto which Clause haveing Reference to an Act made in the Forty third Yeare of Queene Elizabeth for avoiding infinite Numbers of small and trifling Suits commenced in the Courts at Westminster hath been understood to relate only to the said Courts Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That as well the said Clause and all the Powers and Provisions thereby or by any other Law now in force made for Prevention of frivolous and vexatious Suits in Law commenced in the Courts at Westminster shall from and after the First Day of May which shall be in the Yeare of our Lord One thousand seaven hundred be extended to and be of the same Force and Efficacy in all such Suits to be commenced or prosecuted in the Court of Great Sessions for the Principality of Wales the Court of Great Sessions for the County Palatine of Chester the Court of Common Pleas for the County Palatine of Lancaster and the Court of Pleas for the County Palatine of Durham as fully and as amply as if the said Courts had been mentioned therein

II. Sheriffs in Wales and Counties Palatine not to hold Party to Special Bail, unless for such Sum and upon such Affidavit as herein mentioned.

[X2 And whereas the holding of Persons inhabiting within the said Principality of Wales and Counties Palatine to speciall Baile in small Actions is oppressive and vexatious to the Subject For Remedy whereof be it further enacted by the Authority aforesaid That no Sheriffe or other Officer within the said Principality or Counties Palatine upon any Writt or Processe issueing out of any of His Majesties Courts of Record at Westminister shall hold any Person to Speciall Baile unlesse an Affidavit be first made in Writing and filed in that Court out of which such Writt or Processe is to issue signifying the Cause of Action and that the same is Twenty Pounds and upwards And where the Cause of Action is Twenty Pounds, and upwards Bail shall not be taken for more than the Summe expressed in such Affidavit.]

Editorial Information

X2 annexed to the Original Act in a separate Schedule.