Capiatur Fine Act 1694

Reasons for passing this Act.

Capias pro Fine taken away.; Fine turned into Costs.

WHEREAS there are diverse suits and actions of trespasse ejectment assault and false imprisonment brought by party against party in the respective Courts of Law att Westminster and upon judgement entred against the defendant or defendants in such suits or actions the respective Courts aforesaid doe (ex officio) issue out processe against such defendant and defendants for a fine to the Crowne for a breach of the peace thereby co[m]mitted which is not ascertained but is usually compounded for a small su[m]m of money by some Officer in each of the said Courts but never estreated into the Exchequer which Officers or some of them doe very often outlaw the defendants for the same to their very great damage. For remedy whereof Be it enacted by the King and Queens most excellent Majesties by and with the advice and consent of the Lords spiritual and temporal and the Co[m]mons in this present Parliament assembled and by the authority of the same That from [X1 thenceforth] noe Writt or Writts co[m]monly called Capias pro Fine in any of the said suits or actions in any of the said Courts shall bee sued out or prosecuted against any of the said defendant or defendants or any [X2 other] processe thereupon but the same fines and all former fines yet unpaid are and shall hereby be remitted and discharged for ever Yet neverthelesse the plaintiff or plaintiffs in every such action shall (upon signeing judgement therein over and above the usual Fees for signeing thereof) pay to the proper Officer who signeth the same the su[m]m of Six shillings and eight pence in full satisfaction of the said fine and all fees due for or concerning the said fine to bee distributed in such manner as fines and fees of this kind have usually been and not otherwise which said Officer and Officers shall make an increase to the plaintiff or plaintiffs of soe much in their Costs to bee taxed against the said defendant and defendants.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: henceforth O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 Variant reading of the text noted in The Statutes of the Realm as follows: further O. [O. refers to a collection in the library of Trinity College, Cambridge]