Page:Ruffhead - The Statutes at Large - vol 2.djvu/708

 658 C. i. Anno tricefimo primo Reginas Elizabeths. A. D. 1589. Anno tricefimo primo Reginas Elizabeths. 31 £.3. Stat. I, c. 12. 36 Car. 2.c, 2 j The not coming of the Lord Chancellor and Lord Treafurer ihall be no Dis- continuance of Writs of Error. No Judgment to be given unlefs both the Lords be prefent. 37 El. c..3» Three Juftices and Barons may receive and con- tinue Writs of Error, &c. the Weal publick of this Realm, were enacted as followeth.' CAP. I. An Aft againft Difcontinuances of Writs of Error in the Courts of Exchequer and King's Bench, ' J H E R E A S by an Eftatute made in the xxxi Year of the Reign of King Edward the Third, it ' other Perfons, the Lord Chancellor and Lord Treafurer ihall do to come before them in any Chamber ' ftices and other fage Perfons, as to them Ihall be thought meet, Ihall hear and determine fuch Errors ; ' as by the faid Eftatute more at large appeareth : And whereas thofe two being great Officers of the ' Realm are employed, not only in their feveral Offices and Places of Juftice elfewhere, but alfo for other ' weighty Affairs of the Realm in Council, attendant on the Queen's Majefty's Perlbn and otherwife, ' they be many Times upon fudden Warning called away, in fuch wife as they both many Times, and ' of Error ; and then by not coming of them at the Day of Adjournment every fuch Writ of Error de- ' pending is by the Laws of the Realm difcontinued, and the Party cannot proceed, but muft begin his ' Suit of new, to the great Lofs of the Party and Hinderance af Juftice :' For Remedy whereof, Be it or- dained and enacted by Authority of this prefent Parliament, That the not coming of the Lord Chancellor and Lord Treafurer, or of either of them, at the Day of Adjournment in any fuch fuit of Error depend- ing by Virtue of the faid former Eftatute, Ihall not be any Difcontinuance of any fuch Writ of Error i But if both the Chief Juftices of either Bench, or any one of the faid great Officers, the Lord Chancellor or Lord Treafurer, Ihall come to the Exchequer Chamber, and there be prefent at the Day of Adjourn- ment in fuch Suit of Error, it Ihall be no Difcontinuance, but the Suit Ihall proceed in Law to all Intents and purpofes, as if both the Lord Chancellor and Lord Treafurer had come and been prefent at the Day and Place of Adjournment : Provided always, that no Judgment Ihall be given in any fuch Suit or Writ of Error, unlefs both the Lord Chancellor and Lord Treafurer ihall be prefent thereat. ' II. And whereas in the Parliament holden in the xxvii Year of the Reign of our moft gracious Sove- reign Lady the Queen's Majefty, one Act or Statute was made, intituled, An Atl for Redrefs of errone- ous Judgments in the Court commonly called the King's Bench ; by which it is amongft other Things enact- ed, That where any Judgment Ihall at any Time then after be given in the faid Court of King's Bench, in any Suit or Action of Debt, Detinue, Covenant, Account, Action upon the Cafe, Ejeflione firme^.. or Trefpafs, firft commenced or to be firft commenced there, other than fuch only where the Queen's Majefty Ihall be Party ; the Party Plaintiff or Defendant, againft whom any fuch Judgment fhall be given, may at his Election fue forth out of the Court of Chancery a fpecial Writ of Error to be devifed in the faid Court of Chancery, diredted to the Chief Juftice of the faid Court of King's Bench for the Time being, commanding him to caufe the faid Record, and all Things concerning the faid Judgment, to be brought before the Juftices of the common Bench and the Barons of the Exchequer, into the Ex- chequer-Chamber, there to be. examined by the faid Juftices of the common Bench and Barons afore- faid. Which faid Juftices of the common Bench, and fuch Barons of the Exchequer as are of the De- gree of the Coif, or fix of them at the leaft, by Virtue of the fame Act Ihall thereupon have full Power and Authority to examine all fuch Errors as fhall be affigned or found in or upon any fuch Judgment, and thereupon to reverfe or affirm the faid Judgment, as the Law (hall require, other than for Lrrors to be affigned or found for or concerning the Jurifdiction of the faid Court of King's Bench, or for any want of Form in any Writ, Return, Plaint, Bill, Declaration, or other Pleading, Procefs, Verdict, or Proceeding whatfoever : Forafmuch as it doth many Times fall out, that the full Number of the faid Juftices of the common Bench and Barons of the Exchequer, fo authorized by the faid Statute, fome- times for want of Health, fometimes through other weighty Services and earneft Occafions, cannot be prefent at the Days and Times of the Returns and Continuances of the fame Writs of Error ; and by reafon of their Abfence and not coming, the faid Writs of Error are difcontinued, Juftice delayed, and the Parties put to begin new Suit, to their great Charges and Prejudice :' For Remedy thereof, be it alfo enacted by the Authority aforefaid, That from henceforth, if the full number of the Juftices and Barons authorifed by the faid Acl come not at the Day or Time of Return or Continuance of any fuch Writ of Error, that it (hall be lawful for any three of the faid Juftices and Barons, at every of the faid Days and. Times, to receive Writs of Error, to award Procefs thereupon, to make and prefix Days from Time and Time of and for the Continuance of all fuch Writs of Error as mail be there returned, certified or depend- And that the fame Ihall be to thefe Refpects as good and available as if all the Juftices and Barons authorifed by the fame Act were prefent. And that the Juftices and- Barons authonied by the faid Sta- tute.
 * W is enacted, that upon Complaint concerning Error made in the Exchequer touching the King or
 * of -Council nigh the Exchequer, the Record and Procefs of the Exchequer, and taking to them fuch Ju-
 * fometimes neither of them, can be prefent in the Exchequer at their Day of Adjournment in fuch Suit