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A82382 An act for enabling judges to hold an assize at Durham. Wednesday July 13. 1659. Ordered by the Parliament, that this Act be forthwith printed and published. Tho. St Nicholas Clerk of Parliament. England and Wales. 1659 (1659) Wing E1033; Thomason E1074_11; ESTC R208305 3,204 11

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AN ACT For Enabling JUDGES To hold an Assize at Durham W●dnesday July 13. 1659. ORdered by the Parliament That this Act be forth with Printed and Published THO. St NICHOLAS Clerk of the Parliament LONDON Printed by JOHN FIELD Printer to the Parliament And are to be sold at the seven Stars in Fleetstreet over against Dunstans Church 1659. AN ACT For Enabling JUDGES To hold an Assize at Durham BE it Enacted by Authority of Parliament and it is hereby ordained and appointed That a Sessions for the County of Durham shall be holden and kept at the City of Durham in the said County upon the Eighth day of August now next coming being in this present year One thousand six hundred fifty and nine and that Francis Thorpe one of the Iudges of this Commonwealth and John Parker one other of the Iudges of this Common-wealth shall be Iustices of the said Sessions for the said County and that all Actions as well real as personal and all other Actions mixt or otherwise and all Pleas Procepts Writs Process Demurrers Recognizances Fines Recoveries and all other Proceedings matters and things which were depending in the Court of Pleas at Durham upon the Two and Twentieth day of August One thousand six hundred forty two or at any time since and are now discontinued and put without day by not coming of the Iustices or otherwise shall be and stand revived continued and of as fall force and effect in Law to all intents and purposes as they were the said Two and Twentieth day of August One thousand six hundred forty two or at any time since and as if the same had been taken and proceeded in before lawful Iustices And that all such Process Pleas Demurrers and Proceedings in every such Action Actions Suits Bills or Plaints which were depending upon the said Two and Twentieth of August One thousand six hundred forty two or any time since shall stand good and effectual and be proceeded in and sued forth in such maner and form and be in the same plight estate condition and order as if the same discontinuance obstruction or hinderance had never happened any discontinuance miscontinuance putting without day or not prosecuting of the same to the contrary notwithstanding And that the said Iustices so assigned or one of them after such time as they shall have the Records of the same Pleas and Process before them shall have full Power and Authority to continue the said Pleas Process and all things that depend upon them and to hear and finally determine thereupon according as any other Iustice or Iustices of any Sessions heretofore held at Durham before the said Two and Twentieth day of August One thousand six hundred forty two might or ought to have done in case there had not been any obstruction discontinuances or not coming of the said Iustices as aforesaid And be it further Enacted That in all Actions now depending in the Court of Exchequer at Westminster for any Matter or Cause arising within the said County of Durham and now at Issue or which shall be brought to Issue before the said Eight of August One thousand six hundred fifty and nine the tenor of the Record thereof shall be sent by Mittimus directed to the said Iustices of the said County of Durham to be there tried according to the Law and further to be proceeded in as the Law requires And likewise that all Writs and Process which have since the said Two and Twentieth day of August One thousand six hundred forty two Issued forth out of the several Courts of Vpper Bench and Common Pleas at Westminster directed to the Sheriff of the County of Durham and all other Returns and other Proceedings thereupon shall be as good and effectual in Law to all intents and purposes as any of the like Writs and Processes directed to other Sheriffs of any other Counties of England and Returns and other Proceedings thereupon are or ought to be and that such further Process Proceeding Trial Iudgement and Execution may be had thereupon as in other Counties upon like Writs Process and Actions And that they the aforesaid assigned Iustices or either of them shall likewise hear and determine all and all maner of Treasons Petty Treasons Murthers Manslaughters Felonies Burglaries Rapes Trespasses Riots Routs Vnlawful Assemblies and all other Offences and Injuries whatsoever tryable done or committed by any person or persons whatsoever within the said County of Durham against the Statutes and Laws of this Nation in such cases made and provided and also to make or cause to be made a Gaol-delivery there according to the Law and Custom of England And that the said Iustices shall act do and perform all other matters and things in such maner and form as any other Iustice or Iustices of Assize or other Iustice at Durham and of the Pleas of Crown Common Pleas and other Pleas have usually and respectively acted done and performed at any time heretofore And the Lords Commissioners appointed for the Custody of the Great Seal of England are hereby required and Authorized to Issue forth to the said Assigned Iustices of Assize and Gaol-delivery for the Execution of the Premises such Commission or Commissions as in such Cases into other Counties of England are now Issued and commanding and enjoyning likewise the Sheriff of the said County of Durham that he cause forthwith Proclamation and notice to be given in all places within the said County as well within Liberties as without to all Earl Barons Knights Iustices Mayors Bayliffs Stewards Officers Ministers and other Persons whatsoever dwelling and residing within the said County having any thing to do at the same Sessions that they then and there attend upon the said Iustices and be in all things requisite to them aiding and assisting And it is further Enacted Ordained and Declared by the Authority aforesaid That as well all such Fines and Common Recoveries of any Honors Manors Lands Tenements or Hereditaments lying or being within the said County of Durham as were taken before the Iustices of Assizes or either of them at the last Assizes holden at Durham aforesaid the Twelfth day of August One thousand six hundred and fifty or at any other time or times before the said Assizes since the said Two and Twentieth day of August One thousand six hundred forty two or which have been had or suffered before the Thirtieth of August One thousand six hundred fifty nine and as if the same had been taken or suffered or hereafter shall be taken or acknowledged at the said Assizes so by this Act appointed to be holden at Durham as aforesaid or which shall be taken and acknowledged by vertue of any Commission directed to any Iudge of either Bench Barons of the Exchequer Serjeant at Law and other Special Commissioners according to the Accustomed maner of taking Fines and Recoveries of Lands lying in any other County within the Commonwealth of England shall be Ordered Entred Ingrossed and otherwise proceeded in perfecting thereof in the Court of Common Pleas at Westminster and in such Offices and Places and in such maner and form and by and before such Officers as other Fines and Recoveries respectively taken of or for Lands Tenements or other Hereditaments lying within the Counties of Monmouth and Hereford or any other County or Counties of England which are not or have not been Counties Palatine are and have been usually Entred Enrolled Ingrossed Ordered and otherwise proceeded in And that all Writs of Covenant Writs of Entry and Dedimus Potestatems to take the Captions or Acknowledgements of Fines and Warrants of Attorney for Recoveries within the said County of Durham shall be Issued and made by the present Cursitor of the said Counties of Monmouth and Hereford who is already sworn and admitted Cursitor for the said County of Durham by the Lords Commissioners of the Great Seal in as full and ample maner and form as any Writs of the like nature are or have been heretofore usually Issued and made by any of the Cursitors of the Chancery of England in any other of the Counties of England And it is further Enacted and Ordained That the several Officer and Officers of the several and respective Offices and Places aforesaid shall receive and take the said Fines Recoveries and all Writs and other Writings and Immuniments concerning the same without exacting or taking any reward for or duty for any Post Diem or Post Terminum thereof which Fine and Fines and all and every Recovery and Recoveries heretofore Levied or Suffered or hereafter to be Levied or Suffered of any honors Manors Lands Tenements or Hereditaments lying or being in the said County of Durham in maner and form aforesaid or hereafter passed in the Court of Common Pleas at Westminster of any Lands or Tenements in the said County shall be of the same and the like force strength and effect in Law to all intents constructions and purposes as any other Fine or Fines Levied and Common Recoveries suffered in the said Court of Common Pleas at Westminster of Lands lying in any other County are or is any Law Statute Custom or Vsage to the contrary notwithstanding Wednesday July 13 1659. ORdered by the Parliament That this Act be forthwith Printed and Published THO. St NICHOLAS Clerk of the Parliament