Page:Ruffhead - The Statutes at Large - vol 3.djvu/194

 146 C. 3. Anno duodecimo Caroli II. A. D. 1660. any Day or Days certain after any of the faid Returns, be and are hereby continued and adjourned unto, fand (hall and may be pleaded, returned, heard and deteriTiined in the refpedtive Courts aforefaid) at or on the fifth Return of the faid Term, of Izte called In the Morrow of the Afcenfion of our Lord; (2) And. that all Parties in any Pleas, Writs, Bills, Actions, Suits, Plaints, Procefs, or other Thing or Things' whatfoever, having Days given them at any of the laid four firft Returns, or at any other Day or Days certain after any of the laid Returns, in the faid Courts, or any of them, by Virtue of this prefent Aft, have the faid Return of late called In the Morrow of the. Afcenfion of our Lord, prefixed them therein; (3) and that all Sheriffs, Officers, and other Minifters whatfoever, and every of them refpedively, keep in their Hands all Writs, Bills, Procefs and Precepts, and all other Things whatfoever to them direiSed re- fpedively, returnable or to be returned in the feveral Courts aforefaid, at the faid four firft Returns, or any of them, in or at any Day certain, as aforefaid, until the faid fifth Return of lafe called The Morrovi of the Afcenfion of our Lord^ and then return the fame into the faid feveral Courts refpeftively, that fuch Proceedings may be then had thereupon as Ihould have been had in cafe the faid four firft Returns had been kept and holden. Piocers Writs, III, And be it further enacSted by the Authority aforefaid. That no Writs, Procefs, Plaints, Pleas, In- cerimr ti""'''d ^°^'"^'-^°'^^' Indi<5traents or Judicial Proceedings, had, commenced or profecuted before the fifth Day of Namei.rnay be May in the faid Year of our Lord one thoufand fix hundred fixty, in the Name, Stile, Title or Telt of profe-uted and 'Ctfiodes Libertatls Anglia Authorkate Parliament!; or in the Name, Stile, Title or Teft of The Keepers of proceeded upon. ^^^ Liberty a/England, by Authority of Parliament; (2) or in the Name, Stile, Title or Teft oi Oliver Lord Protestor of the Commonwealth <?/" England, Scotland (Z«i Ireland, and the Dominions thereto belonging;, or in the Name, Stile, Title or Teft of Oliver Lord Proteffor oftheCommomvealthof'En^itXid^.SQo^-i.nA and Ireland, and the Dominions and Territories thereunto belonging; or in the Name, Stile, Title or Teft of Richard Lord Prote^or of_ the Commonwealth of England, Scotland atid Ireland, and the Dominions and Territories thereunto belonging; (3) Ihall be put without Day, abated, quafhed or difcontinued, by his Majefty's moft juft Reaffurnption of the a6tual Exercife of his Kingly Government in this Kingdom; (4) nor fhall the fame be Caufe of Error, Abatement or Difcontinuance;' (5) but that all fuch Writs^ Procefs, Plaints, Pleas, Informations, Indidtments and Judicial Proceedings, and all Commiftions for taking of Anfwers or Examination of Witneffes, Commiffion for taking of Fines and Warrants of At- torney, Guardians or Prochein Amy, ftiall ftand and be continued, and Ihail and may be proceeded upon,, profecuted and returned, notwithftanding the fame were commenced or profecuted in Englijh, and not- withftanding the prefent happy Change and Reftitution of his Majefty's Name and Stile in Judicial Pro- ceedings. Prpce'sandPro- IV. And be it further enaited by the Authority aforefaid. That one pretended A61 made in the mln Cour^s"^} ^^'^^ °^ ""'' Lor^l one thoufand fix hundred fifty, intituled. An ASl for turning the Pooh of the Law, and uftice to'comi'- ^^^ Procefs and Proceedings in Courts ofjufiice, into Englilh, Ihall ftand and be in Force as if the fame had' been a good and effeiStual A61, from the firft Return of Eafier Term in the Year of our Lord one thou- fand fix hundred fifty-one, until the firft Day of Augufi in the Year of our Lord one thoufand fix hun- dred fixty, and no longer; (2) And whereas by one other pretended Adt made in the faid Year of our Lord one thoufand fix hundred fifty, intituled. An ASl touching Corn and Meal, It was enadled, or men- tioned to be enaded, That from and after the twentieth Day of November one thoufand fix hundred fifty, it fhould and might be lawful to and for any Perfon or Perfons, Defendant or Tenant, for or by Reafon of any Matter to be pleaded, fet forth or alledged in Bar to any Acftion Real, Perfonal or Mixt, in any Court of Record, to plead the General Iflue of Not guilty; or the like General Illue proper to the Na- ture of the A6tion or Suit commenced, and for his or their Difcharge or Acquitting to give any fuch Matter in Evidence to the Jury that fhall try the fame; (3) and that the laid Matter Ihall be as available to fuch Perfon or Perfons, Defendant or Tenant, to all Intents and Purpofes, as if the faid Matter had been fpecially pleaded, fet forth or alledged in Bar of fuch A(5fion : V. Be it further enafted. That the faid pretended Aft, as touching the Pleading of the General Iflue, Ihall by Authority hereof ftand and be in full Force and EfFe(5l according to the Tenor thereof, until the faid firft Day of Augufi, as if the fame had been a good and effecShaal A6t of Parliament, and no longer. VI. Provided always. That where the General Illuehath been fince the faid twentieth Day of Novem- ber one thoufand fix hundred fifty pleaded, or fhall before the faid firft Day of Augujl in the faid Year of our Lord one thoufand fix hundred fixty be pleaded, in any Aftion, that then upon the Trial of the- faid Caufe, fuch Evidence fhall and may be allowed, as if the faid pretended Adl touching the Plead- ing of the General Iflue had been and continued a good and efFedtual A6t of Parliament not determined or difcontinued. VII. Provided alfo. That his Majefty's Royal Aflent to the Pafling of this Bill Ihall not extend or be conftrued or extend to the Determining of the Seffion of this prefent Parliament. VIII. Provided neverthelefs, and be it enafted. That all Writs, Patents and Commiflions for confti- tuting Juftices of either Bench, and Barons of the Exchequer, Commiflions of Oyer and Terminer^ and Gaol-delivery, and Precepts upon Commiflions of Oyer and Terminer and Gaol-delivery, and all other Commiflions hereafter to be made by the Clerk of the Crown in the Chancery, Charters and f'ie"io theKine^s ^^'^^^5 Patents under the Great Seal, of Lands, Liberties, Honours or Offices, do or may ifllie in the, Nj;ne as for- King's Majefty's Name, in the fame Manner as was ufual before the making of the faid firft recited , ^ ~" ' pretended A6V; any Thing in this prefent Adt.to the contrary thereof before exprefled in any wife not- ,' withftandine;. CAP... 11 Juftic nue. EXP. Pleading the General X^a, IXP. K'is Majefty's Afllnt lo this Bill doth not determine the Ssffion. .A 11 Writs, Pa- tems, Conimif- inerly.