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returned in the same writ: And the sheriff or other minister or ministers No. XXXI. shall be likewise discharged of the penalties of this estatute, for the Boa-returning of such issues as are before limited in this Act; any arti

5 Elizabeth, cle or sentence herein contained to the contrary notwithstanding.

c. 25. VI. And also be it further enacted by the authority aforesaid, That if upon any such writ of habeas corpora or distringas, issues be returned The sheriff's upon any hundredors, juror or jurors, by the sheriffs or other minister forfeiture for of ministers to whom the execution of the same writ'or writs shall apper, issues upor a tain, whereas the same hundredors and jurors, shall not be lawfully juror not warnsummoned, warned or distrained in that behalf, That then

every
such

ed. sheriff, or other minister or ministers aforesaid, shall lose for every such offence so committed double so much as the said issues returned upon such hundredors or jurors not lawfully summoned, warned or distrained, shall amount unto: the moiety of all which forfeitures con- Who shall have tained in this present Act, other than the issues to be returned upon the forfeitures, the jurors, as is aforesaid, shall be to the Queen our Sovereign Lady, and by what her heirs and successors, and the other half to him that will sue for the means they same by action of debt, bill, plaint or information, in the Queen her shall be recoGrace's great court within the said county where such forfeiture shall vered. happen to be, before the said justices, his or their deputy or deputies ; in which no wager of law, essoign or protection shall be allowed ne admitted : saving to all manner of persons and bodies politic and corporate, their heirs and successors, having lawful right, title and interest, to have such issues, to be before any such justices or their deputies at any time or times hereafter lost and forfeited, all such right, title, and interest as they or any of them should or ought to have had to such issues to be lost and forfeited, as though this Act had never been had or made.

VII. Provided also, That this Act, nor any thing therein contained, Returning of shall not extend to any city or town corporate, or to any sheriff, minis. inquests in citer or ministers in the same, for the returu of any inquest or panel to ties and towns be made and returned of persons inhabiting in the said cities or towns corporate. corporate, but that they and every of thein shall and may return such persons in every such inquest or panel, as before this time they might and have been accustomed to do, and as if this Act had never been had or made, so that the same sheriff, minister or ministers, return upon such persons as shall be impanelled, such like and reasonable issues as they ought to return; any thing in the same contained to the contrary not, withstanding. 2 and 3 Edward VI. c. 32.

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[ No. XXXII. ] 18 Elizabeth, c. 8.-An Act for the

appointing of Justices in the Shires of Wales. :W Ꮃ VHEREAS by divers laudable statutes, usages and laws of this 18 Elizabeth,

realm, for the good government and administration of justice c. 8. ' within the principality and dominions of Wales and the county pala- The Queen may

tine of Chester, it bath been established, used and enacted, among appoint justices * other things, That there shall be holden and kept sessions twice in of assizes in

every year in every of the shires in the said dominion and principality Wales, and of • of Wales ; that is to say, in the shires of Glamorgan, Brecknock, Rad

what things 'nor, Caermarthen, Pembroke, the town and county of Haverfordwest, plea.

they may hold • Cardigan, Mountgomery, Denbigh, Flint, Caernarvon, Merioneth and

27 Henry 8. Anglesey, and in the said county palatine of Chester; the which ses* sions are called the King's Great Sessions : And that the justice of 34 & 35 H. 8. Chester for the time being shall hold and keep sessions twice in every * year in the shires of Chesier, Denligh, Flint and Mountgomery; And • likewise that the justice of North Wales shall hold and keep sessions * twice in every year in every of the said shires of Caernarvon, Merioneth and Anglesey ; And that also one person learned in the laws of * this realm of England, by the Queen's Majesty to be appointed, shall • be justice of the sbires of Radnor, Brecknock and Glamorgan, and shall in like wise hold and keep sessions twice in every year in every

c. 26.

c. 26.

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No.XXXII. ' of the same shires : And that one other person learned in the laws of
18 Elizabeth, * this realm, to be appointed as is aforesaid, shall be justice of the shires
C. 8.

of Caermarthen, Pembroke and Cardigan, and the town and county of
Haverfordwest, and shall likewise hold and keep sessions twice in
every year in every of the said shires : And that the said persons or
justices, and every of them then being, or that thereafter should be,
should have several letters patents and commissions for their offices
' under the great seal of England, to be exercised by themselves or their
• sufficient deputies, according to the purports and intents in the ordi-

nances specified :
The benefits * II. Forasmuch as by the good administration of justice within the
ensuing by the said shires and counties, the same principality and dominion of Wales,
administration . and the said county palatine of Chester, are reduced to great obedi-
of justice in *ence of her Majesty's laws, and the same greatly inhabited, manured
Wales, Che-

. and peopled, and for that all and all manner of causes, pleas, actions, shire, &c.

* as well real, personal and mixt, as treasons, pleas of the crown, at-
'laints, conspiracies, assizes, quare impedit, appeals of murder, maims
• and felony, and trial upon all murders, manslaughters and felonies

whatsoever arising within the said several circuits, are by the said To have one

• laws, usages and statutes impleadable, impleaded and determinable judge over

• before one only justice as is aforesaid : And for that many great and charged with

weighty causes, matters, questions, demurrers and ambiguities in law the hearing of • do thereupon daily arise, increase, and are like daily more and more many causes, is

to increase, within the said shires, to the infinite trouble of such one a great delay of justice within every of the said several circuits, and to the great delay justice. * and hindrance of administration of justice :

• III. For the better and more speedy remedy whereof, her Majesty's subjects of the said principality and dominion of Wales and county palatine of Chester, bave made their most buinble petition and suit to • her Highness to have two justices learned in the laws in every of the • said several circuits : And forasmuch as some question, ambiguity and • doubt hath been heretofore made, whether her Highness by her letters

patents under the great seal of England might or may authorise, con•stitute or appoint two persons or more to be her Highness' justices in every of the said several circuits, or grant commission or commissions

of association or associations to or with every or any such several jus* tice and justices, or no: And also whether after such grant, the admi• nistration of justice in those offices and function done by two, may be • sufficiently rewarded by law, or no: For plain explanation whereof,

and for the better redress and more speedy administration of justice to . be had touching the premises, Be it declared, explained, enacted and established by the Queen's most excellent Majesty, by the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That the Queen's Highness, her heirs and successors, may and shall at her and their will and pleasure, have full power, prerogative and authority, from time to time, to constitute, authorise, name or appoint two or more learned as aforesaid in the laws of this realm, to be justices of and for the said counties of Chester, Flint, Denbigh and Mountgomery, and two or more learned as aforesaid, to be justices of North Wales, viz. of and for the said shires of Anglesea, Caernarvon and Merioneth, and likewise two or more learned as aforesaid, to be justices of and for the said circuits and shires of Radnor, Glamorgan and Brecknock, and also two or more learned as aforesaid, to be justices of and for the said circuit and shires of Cardigan, Caermarthen and Pembroke, and the town and county of Haverfordwest; any law, usage, opinion or statute to the contrary not

withstanding The Queen may IV. And that her Majesty, her heirs and successors, may and shall at grant commis- her and their good will and pleasure, from time to time, associate and sions of associ- grant commission and commissions of association or associations under ation to any the great seal of England to any person or persons learned, as aforesaid, personslearned to be associate to or with every or any such several justice or justices to be associate for the time being, of the said several circuits and counties aforesaid, or with justices.

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in any of the said counties: And that all and every such two justices or No.XXXII. more, within every of the said several circuits and counties, and also that every such justice or justices, together with such person or persons

18 Elizabeth, associate (if any such association or associations shall happen to be, as

C. 8. aforesaid) during such association, and after such association ended, or without such association, such justice or justices shall have the like full power, pre-eminence, authority and jurisdiction from henceforth, to all intents, constructions, purposes and effects, as any one justice within any of the said circuits or shires aforesaid, now hath, or at any time heretofore had or ought to have: and also shall have like power, authority, Of what things pre-eminence and jurisdiction to keep and hold the several sessions the two jusaforesaid twice in every year, in every of the said shires within their tices, or they several circuits aforesaid, and to hear, determine, order, award, adjudge, with the asso, receive, take knowledge of, and execute all and singular causes, mat

ciates, maybold

sessions. ters, pleas and assizes, treasons, murders, felonies, indictments, appeals of murder, felony and maims, actions reals, personals and mixt, suits, plaints, informations, quarrels, attaints, conspiracies, quare impedit, and all actions grounded upon any statute or statutes, writs, processes, returns, essoigns, verdicts, judgments, fines, acknowledges, confessions, warrants and executions, actions and acts whatsoever, and to do, perform, observe, accomplish and make all and every other Act and Acts, matter and matters, thing and things whatsoever, in like and in as ample, beneficial, lawful and effectual manner and form, to all constructions, qualities, intents and purposes, as any of the now several justices, or any one of the now justice or justices within the same several circuit or circuits, and counties aforefaid, may, ought, bath or might lawfully do by force of any law, usage or statute heretofore had, made or used before the making of this Act; and that from henceforth all and singular writs, processes, returns, essoigns, verdicts, judgments, fines, recoveries, recognizances, acknowledges, confessions, act and acts, thing and things, matter and matters as aforesaid, had, made, taken, done, returned, heard, determined, awarded, adjudged or executed by or before any such two justices or more, or any such justice or justices, and associate or associates, as aforesaid, to be appointed, nominated, authorized or constituted as aforesaid, shall be allowed, taken, constroed, expounded and adjudged as good, effectual, and available, to all intents, constructions and purposes, as if the same bad been had, made, taken, done, returned, heard, determined, awarded, adjudged or executed by or before any such one justice, or one of the justices now or late being justice or justices of the same circuit, or several circuits aforesaid; any law, usage, statute, Act, ordinance or prescription to the contrary in any wise notwithstanding.

| No. XXXIII.] 18 Elizabeth, c. 13.-An Act concern

ing Offices found within the Counties Palatine.

(No. XXXIV. ] 27 Elizabeth, c. 9.--An Act for Reform

ation of Errors in Fines and Recoveries in the twelve Shires of Wales, and Counties Palatine, and for Exemplification of Fines and Recoveries generally.

[Inserted Part II. Class X. No. 18.]

[ No. XXXV.) 31 Elizabeth, c. 9.–An Act for Writs

upon Proclamation and Exigents to be current within the County Palatine of Durham. WHERE the bishopric of Durham is, and of long time hath been, 31 Elizabeth,

an ancient county palatine of itself, in which bishopric the

c. 9.

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c. 9.

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No. XXXV. 'Queen's writ hath not, or yet doth run ; so that the writ of proclama31 Elizabeth,

• tion awarded upon any exigent against any person or persons inhabit

ing within the same county, in any action wherein process of outlawry * doth lie, according to the statute made in the sixth year of the reign

of the late King Henry the Eighth, cannot be directed to any sheriff, 6 H. 8. c. 4.

or other officer within the said bishopric, but unto the sheriff of the county next adjoining unto the said bishopric; so that the party dwell*ing within the said bishopric, against whom any such exigent and pro• clamation hath been or shall be awarded, bath not bad, nor hereafter can have, any knowledge of the same suit or process ; by reason whereof many persons inhabiting within the said bishopric, without knowledge have been outlawed, and hereafter are like to be outlawed • in like manner, to their ulter undoings, if some specdy remedy be not

• the sooner provided :' A writ of pro- II. Be it therefore, and for divers other good considerations, enacted, clamation upon ordained and established by the authority of this present Parliament, an exigent That whensoever any writ of exigent, at any time after the first day of against anyper- April next coming, shall be awarded at the suit of our sovereign Lady bon dwelling in the Queen's Majesty, her heirs and successors, kings or queens of this the bishopric

realm, or at the suit or suits of any other person or persons, plaintiff or of Durham.

plaintiffs, in any action or suit in any of the courts of our said sovereign
Lady, her heirs or successors, kings and queens of this realm, commonly
called the King's Bench and the Common Pleas, against any person or
persons dwelling within the said bishopric; that then immediately upon
the awarding of every such exigent, the justice or justices before whom
any such writ of exigent upon such suit or action shall be sued, shall
have full power and authority by virtue of this Act, to award one writ
of proclamation according to the tenor and effect of writs of proclama-
tion awarded upon exigents, and commonly directed out of any of the
said courts into London, or into any other shires of this realm, against
any person or persons dwelling in other shire or shires of this reali
where the Queen's writ doth run, according to the order and form of the
said Act made in the sixth year of the reign of the said late King, to be
directed to the Bishop of Durham for the time being, and during the va-
cation of the bishopric, then to the Chancellor of the said bishopric or
county patatine for the time being, where it shall happen the said de-
fendant, against whom any such action shall be sued as is aforesaid, to
be dwelling, and not to the sheriff of any other shire next adjoining to

the said bishopric or county palatine; any law, custom or usage hereThe bishop's tofore used to the contrary notwithstanding: And that every such writ mandate to the of proclamation so to be hereafter awarded to such bishop or chancellor sheriff to make of the said bishopric or county palatine, shall have the same teste and proclamation. day of return, as the exigents, whereupon every such writ of procla

mation shall be awarded, shall have ; And that every such bishop or
chancellor, to whom any of the said writ or writs of proclaination shall
be directed, shall by his or their mandate directed to the sheriff of the
said county palatine, cause proclamation to be made of the same writs
of proclamation, according to the tenor of the same, and shall make
true returns of the same in such court and courts, and before such jus-
tices, as the tenor of the same writ and writs of proclamation shall require
and demand : And that all outlawries hereafter to be promulged or pro-
nounced against any person or persons upon any such exigent or exi-
gents, awarded against any person or persons dwelling within the said
bishopric or county palatine, and no writs of proclamation awarded
in form aforesaid to the bishop or chancellor aforesaid, where the
party. defendant shall be as is aforesaid dwelling, or not returned
as aforesaid, to be clearly void, and of none effect nor force in the

law. The bishop of

1II. And be it further enacted by the authority aforesaid, That every Durham shall have a deputy

bishop of the said bishopric for the time being, and during the vacain the King's tion of the said bishopric the chancellor of the said county palatine for Bench and the time being, shall have in every of the said Courts of the King's Bench Common Pleas. and Common Pleas, one sufficient deputy at the least, to receive all such 23 H. 6. c. 9.

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c. 9.

writs of proclamations which shall be hereafter directed to every such No. XXXV.
bishop or chancellor of the said bishopric or county palatine, for whom 31 Elizabeth,
the same deputy or deputies shall be appointed, in like manner and form,
and upon like pains, as by the former statutes and laws of this realm, the
sheriff's of other shires or counties within this realm of England be bound
to have in either of the said courts; and that all such writs of procla-
mation as aforesaid, shall be delivered unto every such deputy or depu-
ties of record in the same courts and either of them, and also like fees
shall be paid for making of every such writ of proclamation, and for
enrolling the same of record, as is limited in the same statute made in
the sixth year of the said King Henry the Eighth.

IV. And be it further enacted and established by the authority afore- The forfeitare said, That if any such writ or writs of proclamation hereafter to be di- of the bishop or rected to any bishop or chancellor of the said bishopric or county chancellor that palatine, be delivered unto any of the said bishops for the time being, or doth not return during the vacation of the said bishopric to the chancellor of the said the proclama

tion.
county palatine for the time being, or to his or their deputy or deputies,
in manner and form aforesaid ; the same bishop for the time being, or
during the vacation of the said bishopric the said chancellor of the said
county palatine for the time being, do not make true return of every
such writ and writs of proclamation to them directed, into such court
and courts out of which the writ or writs of proclamation shall be
awarded, that for every such default of non-return, every such bishop
for the time being, and during the vacation of the said see the said chan-
cellor for the time being, so failing to make due return, shall lose and
forfeit five pounds; the one half whereof shall be to the queen, her heirs
and successors, and the other half thereof to any such person or persons
as will sue for the same, in any action of debt to be grounded upon this
Act, in any of the Queen's courts of record, wherein no essoign, protec-
tion or wager of law shall be allowed or admitted.

V. Provided always, That this Act, or any thing herein contained, shall A provision for not in any wise extend or be prejudicial to any bishop of the said bishop- the Bishop of ric of Durham, for or concerning such liberties, franchises or privileges Durham's other as belong to the same bishop's bishopric or see, or to any ministers or

liberties.
officers of the same bishopric or county palatine, otherwise or in any
other manner than by the true meaning of this Act is before provided
or declared ; any thing in this Act mentioned to the contrary notwith-
standing.

VI. Provided also, That if any person or persons dwelling within the To whom writs said bishopric or county palatine, after the aforesaid first day of April, shall bedirected shall be outlawed in any such suit or action as is aforesaid ; that then all against any perwrits of special capias utlagatum, single capias utlagatum, non molestan- son outlawed in dum, and all other process, for or against any person or persons so out- the said bishoplawed, shall and may from henceforth be directed from time to time to

ric.
the bishop of the said bishopric and county palatine for the time being,
and during the vacation of the said see to the chancellor there for the
time being, who shall make like writs and process thereupon, and of like
effect, sealed with the seal of their said offices, to be directed to the
sheriff of the said county palatine for the time being, as heretofore hath
been used and accustomed in such cases.

VII. Provided alway, and be it further enacted by the authority afore- One only fee said, That upon any writ of proclamation to be awarded by virtue of shall be taken this Act, and the mandate thereupon to be made to the sheriff, and the for the proclaexecution thereof, there shall be but one only fee taken, received or de- mation, manmanded for the same by the said bishop, chancellor, and sheriff of the date, and exe

cution, said county palatine for the time being.

[ No. XXXVI. ] ,16 and 17 Charles II. c. 9.–An Act

to impower the Chancellor of the Duchy to grant
commissions for taking Affidavits within the Duchy

Liberties.
Vol. IV.

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