Trespass Act, 1634

In quare clausum fregit, defendant may plead disclaimer, and that the trespass was involuntary, and a tender of amends before action, and after nonsuit, or verdict for defendant, plaintif barred.

XVI. And be it further enacted, that in all actions of trespasse quare clausum fregit, hereafter to be brought, wherein the defendant or defendants shall disclaime in his or their plea, to make any title or claime to the lands in which the trespasse is by the declaration supposed to be done, and the trespasse be by negligence or involuntary, the defendant or defendants shall be admitted to plead a disclaymer, and that the trespasse was by negligence, or involuntary, and a tender or offer of sufficient amends for such trespasse before the action brought, whereupon, or upon some of them, the plaintiffe or plaintiffes shall be enforced to joyne issue, and if the said issue be found for the defendant or defendants, or the plaintiffe or plaintiffes, shall be non-suited, the plaintiffe or plaintiffes shall be clearly barred from the said action or actions, and all other suits concerning the same.