| |
FOR the amendment of the law in several particulars, and for the easier, speedier, and better advancement of justice; be it enacted by the Queen’ 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 of Michaelmas term, which shall be in the year of our Lord one thousand seven hundred and seven, where any demurrer shall be joyned 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 imperfections, 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 causes of 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 tenth year of King Charles the first, intituled, An Act for expedition of justice in cases of demurrers, &c. 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 of Michaelmas term no advantage or exception shall be taken of or for any 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 pleadings; or of or for the default of alledging of the bringing into court letters testamentory, 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 pater 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 the like nature, except the same shall be specially and particularly set down, and shewn for cause of demurrer.
|
