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act_n day_n parliament_n session_n 3,425 5 10.6408 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A82443 Anno regni Caroli II. Regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, duodecimo. At the Parliament begun at Westminster, the 25th day of April, Anno Domini, 1660. In the twelfth year of the reign of our most gracious soveraign lord Charles, by the grace of God, of England, Scotland, France, and Ireland, King, defender of the faith, &c.; Laws, etc. England and Wales. 1660 (1660) Wing E1104; ESTC R208426 2,972 12

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C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT Anno Regni CAROLI II. REGIS Angliae Scotiae Franciae Hiberniae DUODECIMO At the Parliament begun at Westminster the 25th day of April Anno Domini 1660. In the Twelfth Year of the Reign of our most Gracious Soveraign Lord CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. LONDON Printed by John Macock and Francis Tyton Printers to the House of Peers 1660. C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT ANNO XII Caroli II. Regis An Act for the continuance of Process and Judicial Proceedings WHereas the four first Retorns of Easter Term in the Year 1660. of late called from Easter day in fifteen days from Easter day in three weeks from Easter day in one moneth and from Easter day in five weeks or any of them cannot be conveniently kept or holden Now for avoiding all manner of discontinuances whatsoever which by occasion thereof should or might happen or be in any matter or Cause whatsoever in any the Courts at VVestminster Be it Enacted by the Kings Most Excellent Majesty and the Lords and Commons Assembled in Parliament That no Pleas Writs Bills Actions Suits Plaints Process Precepts or other thing or things whatsoever Pleaded Retorned or Depending or having day or days in any of the said Courts in or at the said several Retorns or any of them or at any other day or days certam after any of the said Retorns shall be in any wise discontinued or put without day for or by reason of the not keeping or holding of the said Retorns or days or any of them but that all and singular the said Pleas Writs Bills Actions Suits Plaints Process Precepts and other the Premises aforesaid shall stand continue and be good and effectual in Law to all Intents and Purposes as if the said Retorns and days and every of them had been actually kept and holden in all and every the said Courts any Law Statute Custom or Vsage to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That all Pleas Writs Bills Actions Suits Plaints Processe Precepts and other thing or things whatsoever aforesaid pleadable or to be pleaded Retornable or to be Retorned or having day in any manner whatsoever at any of the said Retorns or any day or days certain after any of the said Retorns Be and are hereby continued and adjourned unto and shall or may be Pleaded Retorned Heard and Determined in the Respective Courts aforesaid at or on the fifth Retorn of the said Term of late called In the morrow of the Ascension of our Lord And that all Parties in any Pleas Writs Bills Actions Suits Plaints Process or other thing or things whatsoever having daies given them at any of the said four first Retorns or at any other day or dayes certain after any of the said Retorns in the said Courts or any of them by virtue of this present Act have the said Retorn of late called In the morrow of the Ascension of our Lord prefixed them therein And that all Sheriffs Officers and other Ministers whatsoever and every of them respectively keep in their hands all Writs Bills Process and Precepts and all other things whatsoever to them directed respectively Retornable or to be Retorned in the several Courts aforesaid at the said four first Retorns or any of them in or at any day certain as aforesaid until the said fifth Retorn of late called The morrow of the Ascension of our Lord and then Retorn the same into the said several Courts respectively That such proceedings may be then had thereupon as should have been had in case the said four first Retorns had been kept and holden And be it further Enacted by the Authority aforesaid That no Writs Process Plaints Pleas Informations Indictments or Iudicial Proceedings had Commenced or Prosecuted before the fifth day of May in the said Year of our Lord 1660. in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or in the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereto belonging shall be put without day abated quashed or discoutinued by His Majesties most just re-assumption of the actual Exercise of His Kingly Government in this Kingdom nor shall the same be cause of Errour Abarement or Discontinuance but that all such Writs Process Plaints Pleas Informations Indictments and Iudicial Proceédings and all Commissions for taking of Answers or Examination of Witnesses Commission for taking of Fines and Warrants of Attorney Guardians or Procheinamy shall stand and be continued and shall and may be proceéded upon prosecuted and retorned notwithstanding the same were commenced or prosecuted in English and notwithstanding the present happy Change and Restitution of His Majesties Name and Stile in Iudicial Proceédings And be it further Enacted by the Authority aforesaid That one pretended Act made in the Year of our Lord 1650. Entituled An Act for turning the Books of the Law and all Process and Proceedings in Courts of Justice into English shall stand and be in force as if the same had been a good and effectual Act from the first Retorn of Easter Term in the Year of our Lord 1651. until the first day of August in the Year of our Lord 1660. and no longer And whereas by one other pretended Act made in the said Year of our Lord 1650. Entituled An Act touching Corn and Meal It was Enacted or mentioned to be Enacted That from and after the 20th day of November 1650. It should and might be lawful to and for any Person or Persons Defendant or Tenant for or by reason of any matter to be Pleaded set forth or alledged in Bar to any Action Real Personal or mixt in any Court of Record to plead the General Issue of Not Guilty or the like General Issue proper to the Nature of the Action or Suit Commenced and for his or their Discharge or Acquitting to give any such matter in evidence to the Iury that shall try the same And that the said m●tter shall be as available to such person or persons Detendant or Tenant to all intents and purposes as if the said matter had been specially pleaded set forth or alledged in Barr of such Action Be it further Enacted That the said pretended Act as touching the pleading of the general Issue shall by Authority hereof stand and be in full force and effect according to the Tenor thereof untill the said first day of August as if the same had beén a good and effectual Act of Parliament and no longer Provided alwaies That where the general Issue hath beén since the said 20th day of November 1650. pleaded or shall before the said first day of August in the said Year of our Lord 1660. be pleaded in any Action That then upon the Tryal of the said Cause such Evidence shall and may be allowed as if the said pretended Act touching the pleading of the General Issue had beén and continued a good and effectual Act of Parliament not determined or discontinued Provided also That His Majesties Royal Assent to the passing of this Bill shall not extend or be construed to extend to the determining of the Session of this present Parliament Provided nevertheless and be it Enacted That all Writs Patents and Commissions for Constituting Iustices of either Bench and Barons of the Exchequer Commissions of Oyer and Terminer and Goal Delivery and Precepts upon Commissions of Oyer and Terminer and Goal Delivery and all other Commissions hereafter to be made by the Clerk of the Crown in the Chancery● Charters and Letters Patens under the Great Seal of Lands Liberties Honours or Offices do or may Issue in the Kings Majesties Name in the same manner as was usual before the making of the said first recited pretended Act any thing in this present Act to the contrary thereof before expressed in any wise notwithstanding Imprinted at LONDON by John Macock and Francis Tyton Printers to the House of PEERS Anno Domini 1660.