Continuance of Process, etc. Act 1660

Continuance of Process, etc. Act 1660X1

1660 CHAPTER 3 12 Cha 2

An Act for the Continuance of Processe and Judiciall Proceedings.

Editorial Information

X1 Abbreviated title derived from Chronological Table of the Statutes: Covering the Period from 1235 to the End of 1971 (London: Her Majesty's Stationery Office. 1972)

Process, Writs, &c. shall not be discontinued for not keeping or holding certain Days of Return.

Whereas the fower first Returns of Easter Terme in the yeare one thousand six hundred sixtie of latecalled From Easter day in fifteene dayes, 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 avoidingall manner of discontinuances whatsoever which by occasion therof should or might happen or be in any Matteror Cause whatsoever in any the Courts at Westminster, Bee it Enacted by the Kings most Excellent Majesty andthe Lords and Commons assembled in Parliament That noe Pleas Writts Bills Actions Suites Plaints ProcessePrecepts or other thing or things whatsoever pleaded returned or depending, or having day or dayes in any ofthe said Courts in or at the said severall Returns or any of them, or at any other day or dayes certaine afterany of the said Returns shall be in any wise discontinued or putt without day for or by reason of the notkeeping or holding of the said Returns or dayes or any of them, but that all and singular the said Pleas WrittsBills Actions Suites Plaints Processe Precepts and other the Premisses aforesaid shall stand continue and be goodand effectuall in Law to all Intents and Purposes as if the said Returns and dayes and every of them had beeneactually kept and holden in all and every the said Courts, Any Law Statute Custome or Usage to the contrarytherof in any wise notwithstanding.

II. Writs, Process, Pleas, &c. returnable at a certain Day continued adjourned.; Parties in Pleas, &c. having Day as herein mentioned, to have the Return.

Parties in Pleas, &c. having Day as herein mentioned, to have the Return "In the Morrow of the Ascension, &c." prefixed.; Sheriffs, &c. to keep all Writs, &c. until the Fifth Return.

And bee it further Enacted by the Authority aforesaid That all Pleas Writts Bills Actions Suites Plaints ProcessePrecepts & other thing or things whatsoever aforesaid pleadable or to be pleaded returnable or to be returnedor having day in any manner whatsoever at any of the said Returns, or any day or dayes certaine after any ofthe said Returns Be and are hereby continued and adjourned unto (and shall and may be pleaded returnedheard and determined in the respective Courts aforesaid at or on the fifth Returne of the said Terme of latecalled, In the morrow of the Assension of our Lord: And that all Parties in any Pleas Writts Bills ActionsSuites, Plaints Processe or other thing or things whatsoever haveing dayes given them at any of the said fowerfirst Returns, or at any other day or dayes certaine after any of the said Returns in the said Courts or any ofthem by vertue of this present Act have the said Returne of late called In the morrow of the Assension of ourLord prefixed them therin And that all Sheriffes Officers, and other Ministers whatsoever and every of themrespectively keepe in their han all Writts Bills Processe and Precepts and all other things whatsoever to themdirected respectively returnable, or to be returned in the severall Courts aforesaid at the said fower first Returnesor any of them in or at any day certaine as aforesaid untill the said fifth Returne of late called The morrow of theAssension of our Lord, and then returne the same into the said severall Courts respectively, That such proceedingsmay be then had therupon as should have beene had in case the said fower first Returnes had beene kepteand holden.

III. Process, Writs, Pleas, &c. under certain Titles and Names, may be prosecuted and proceeded upon.

And bee it further Enacted by the Authoritie aforesaid that noe Writts Processe Plaints Pleas InformationsIndictments or Judiciall proceedings had commenced or prosecuted before the fifth day of May in the said yeareof our Lord one thousand six hundred sixty in the Name Stile Title or [X2 Test] of Custodes Libertatis AnglieAuthoritate Parliamenti, or in the Name Stile Title or [X2 Test] of The Keepers of the Libertie of England by Authoritieof Parliament, or in the Name Stile Title or [X2 Test] of Oliver Lord Protector of the Commonwealth of England Scotlandand Ireland, and the Dominions thereto belonging, or in the Name Stile Title or [X2 Test] of Oliver Lord Protector ofthe Commonwealth of England Scotland and Ireland, and the Dominions and Territories thereunto belonging, or inthe Name Stile Title or [X2 Test] of Richard-Lord Protector of the Commonwealth of England Scotland and Ireland, andthe Dominions and Territories thereto belonging shall be putt without day abated quashed or discontinued by hisMajesties most just reassumption of the actuall Exercise of his Kingly Government in this Kingdome nor shall the samebee cause of Error Abatement or Discontinuance, but that all such Writs Processe Plaints Pleas InformationsIndictments and Judiciall proceedings and all Commissions for taking of Answers or Examination of Witnesses,Commission for taking of Fines and Warrants of Attourney Guardians or Procheinamy shall stand and bee continuedand shall and may be proceeded upon prosecuted and returned notwithstanding the same were commenced orprosecuted in English, and notwithstanding the present happy Change and Restitution of his Majesties Name andStile in Judiciall Proceedings.

Editorial Information

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

IV. Act of 1650 continued till 1st August 1660.

And bee it further Enacted by the Authoritie aforesaid That one pretended Act made in the yeare of our LordOne thousand six hundred fifty entituled An Act for turning the Bookes of the Law and all Processe and Proceedingsin Courts of Justice into English shall stand and be in force as if the same had beene a good and effectuall Actfrom the first Returne of Easter Terme in the yeare of our Lord one thousand six hundred fifty one untill the first day of August [X3 in the yeare of our Lord] one thousand six hundred sixtie and noe longer.

Editorial Information

X3 interlined on the Roll.

IV. Act of 1650 continued till 1st August 1660.

And whereas by one other pretended Act made in the said yeare of our Lord one thousand six hundred fiftieentituled An Act touching Corne and Meale It was Enacted or mentioned to be enacted That from and after thetwentieth day of November One thousand six hundred fifty It should and might be lawfull to and for any person orpersons Defendant or Tennant for or by reason of any matter to be pleaded sett forth or alledged in Barr to anyAction reall personall or mixt in any Court of Record to plead the Generall issue of Not Guilty, or the likeGenerall Issue proper to the Nature of the Action or Suite commenced, and for his or their Discharge or Acquittingto give any such matter in evidence [X3 to the Jury] that shall try the same, and that the said matter shall bee as and as to pleading the General Issue, continued till 1st August 1660. available to such person or persons Defendant or Tennant to all intents and purposes as if the said matter had beenespecially pleaded sett forth or alledged in Barr of such Action; Bee it further Enacted That the said pretendedAct as touching the pleading of the Generall Issue shall by authoritie hereof stand and be in full force and effectaccording to the Tenore therof untill the said first day of August as if the same had beene a good and effectuallAct of Parliament and noe longer.

Editorial Information

X3 interlined on the Roll.

VI. Proviso as to former Pleas.

Provided allwayes That where the Generall Issue hath beene since the said twentieth day of November onethousand six hundred fifty pleaded, or shall before the said first day of August in the said yeare of our Lord onethousand six hundred sixtie be pleaded in any Action That then upon the Triall of the said Cause such Evidence shalland may be allowed as if the said pretended Act touching the pleading of the Generall Issue had beene and continueda good and effectuall Act of Parliament not determined or discontinued.

VII. His Majesty's Assent to this Bill not to determine the Session.

Provided alsoe That his Majesties Royall assent to the passing of this Bill shall not extend or be construed toextend to the determining of the Session of this present Parliament.

VIII. All Writs, Patents, Commissions, &c. to issue in the King's Name, as formerly.

[X4 Provided neverthelesse And be it Enacted That all Writts Patents and Co[m]mmissions for constituting Justices ofeither Bench, and Barons of the Exchequer Commissions of Oyer and Terminer and Goale Delivery [X5 & Precepts uponCo[m]missions of Oyer & Terminer & Goale Délivery] and all other Commissions hereafter to be made by the Clerke ofthe Crowne in the Chauncery Charters and Letters Patents under the Great Seale of Lands Liberties Honours or Officesdoe or may issue in the Kings Majesties Name, in the same manner as was usuall before the making of the saidfirst recited pretended Act. Any thing in this present Act to the contrary therof before expressed in any wisenotwithstanding.]

Editorial Information

X4 annexed to the Original Act in a separate Schedule.

X5 interlined on the Roll.