Sancti Trinitatis, In Quindena Sancti Michaelis; if In Quindena Sanctæ No. XXVI. V. And it is further enacted by the authority aforesaid, That all common Writs and Processes, as well personal as mixed, which shall fortune to be returnable in the said Trinity Term, shall have and keep the said Returns of Crastino Sanctæ Trinitatis, Octabis Sanctæ Trinitatis, Quindena Sanctæ Trinitatis, and A die Sanctæ Trinitatis in tres septimanas, or any one of them. VI. Provided always, and it is further enacted by the authority aforesaid, That in such and like cases and processes, as special days have been used to be appointed, assigned and given for the returning of writs and processes, it shall be lawful to the Justices of every of the King's said Courts of Record for the time being, in all the processes by them awarded, to assign and appoint special days of Returns, as by their discretions shall be thought convenient. VII. Provided also, and be it further enacted by the authority above said, That the days in Assise of Darrein Presentment, and in plea of Quare impedit, limited and appointed by the Statute of Marlebridge, and also the days to be given in attaint, limited in the Statute made in the fifth year of the noble King Edward the Third, being not contrariant to the tenour of this Act, shall be holden firm and stable, and shall stand in their full force and effect. c. 21. Where the Justices mayassign special days for the returning of writs. Days given in Assises of darrein presentment, Quare impedit and Attaint. [ No. XXVII.] 33 Henry VIII. c. 24.-An act that none shall be Justice of Assise in his own Country, &c. WHERE in the Parliament holden in the eighth year of King 33 Hen. VIII. Richard the Second, it was enacted, ordained, and established, That no man learned in the laws of this realm should from thenceforth be Justice of Assise in the country where he dwelleth; and that the 'Chief Justice of the Common Place should be from thenceforth assigned, among other Justices, to the taking of the said Assises; but as to the Chief Justice of the King's Bench, there should be done and used 'as hath been used for the most part for the space of one hundred years 'next before, as by the said act more at large it doth and may appear: Since the making of which said good Act and Law, divers Justices and men learned in the laws of this realm, by their own means, industry and policy, and for their own commodity and ease, have obtained, contrary to the form of the said Act, to be Justices of 'Assises in the countries and counties where they were born or were inhabiting, whereby some jealousy of their affection and favour to'ward their kinsmen, alliance and friends within the said countries or 'counties where they were so born or inhabiting, hath been conceived * and had against them by the King's most loving subjects of the same 'countries and counties:" II. For reformation whereof, the King's most loving subjects and the Commons in this present Parliament assembled, most humbly beseech and desire the King's Majesty, and that it may be enacted by the King's Majesty, with the assent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by authority of the same, That no Justice, nor other man learned in the laws of this realm, shall at any time from or after the Feast of Easter next coming, use nor exercise the office of Justice of Assise within any county where the said Justice was born or doth inhabit, upon pain to forfeit for every offence done contrary to the form of this present Act, one hundred pounds; the moiety whereof to be to our Sovereign Lord the King, and the other moiety thereof to the party that will sue for the same in any of the King's Courts, by bill, plaint, information, action of debt or c. 24. The reasons for making of this statute. No man shall be Justice of Assise in the county where he was born or doth dwell. No. XXX. 12George II. c. 27. 8 Rich. 2. c. 2. 33 H. 8. c. 24. · WH WHEREAS by an Act made in the eighth year of the reign of King Richard the Second, intituled, No man of law shall be Justice of Assise or Gaol Delivery in his own country;" it is enacted, That no man of law shall from thenceforth be Justice of Assise, or of the common deliverance of gaols, in his own country: And whereas by an Act made in the thirty-third year of King Henry the Eighth, intituled, "An Act that none shall be Justice of Assise in his own Country, &c.," it is amongst other things enacted, That no Justice nor other man learned in the law of this realm shall use or exercise the 'office of Justice of Assise within any county where the said Justice was born or doth inhabit, upon pain to forfeit for every offence done contrary to the said Act, one hundred pounds: And whereas such Acts have been construed to extend, not only to Justices of Assise and Jus'tices of Gaol delivery, but also to Justices of Nisi Prius, and Justices of Oyer and Terminer; which construction hath been attended with very great inconveniencies;' for remedy thereof be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of 'the Lords Spiritual and Temporal, and Commons, in this present ParliaJudges empow-ment assembled, and by the authority of the same, That it shall and may be lawful from time to time and at all times hereafter, to and for 'the Chief Justice and Justices of either Bench, and to and for the Chief 'Baron, and other Barons of the Court of Exchequer, and to and for any other person or persons learned in the law, who shall be appointed Justice or Justices of Oyer and Terminer or Gaol Delivery in any 'county or counties within that part of Great Britain called England, to use and exercise the office or offices of Justice or Justices of Oyer ' and Terminer or Gaol Delivery, in any such county or counties, notwithstanding they or any of them shall have been born or do inhabit within any such county or counties, and that they shall not be liable for so doing to the said penalty or forfeiture of one hundred pounds, or to any other forfeiture or penalty whatsoever; any thing in the said ' recited Acts, or either of them, or any other law, custom, or usage to the contrary in any wise notwithstanding.' ered to act as Judges of Gaol Delivery, &c. in their own counties. 24 George II. c. 48. Four common days of Return only to be in Michaelmas Term; the same to be observed in all the Courts. No returns to ་ [ No. XXXI.] 24 George II. c. 48.—An Act for the Abbreviation of Michaelmas Term. WHEREAS in the beginning of the Term of Saint Michael, commonly called Michaelmas Term, very little business can be done on account of the several Holidays that are observed by the High Courts of Record of our Sovereign Lord the King, between the first day of the said Term and the sixth day of November following' Therefore, for the ease and benefit of his Majesty's subjects, may it please your most Excellent Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the advice. and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the Feast Day of Saint Michael the Archangel in the of our Lord One thousand seven hundred and fifty-two, there shall be in Michaelmas Term four common days of Return only (that is to say) the first day of Return thereof shall be and be called the Morrow of All Souls; the second day of Return of the same Term shall be and be called the Morrow of Saint Martin; the third day of Return of the same Term shall be and be called in eight days of Saint Martin; and the fourth day of Return of the same Term shall be and be called in fifteen days of Saint Martin. year II. And be it further enacted by the authority aforesaid, That the same days of Return shall be observed and kept in all the High Courts of Record of our Sovereign Lord the King, his heirs and successors; hereafter to be holden at Westminster, or other place or places, at the assignment or appointment of our Sovereign Lord the King, his heirs and successors; and that from and after the Feast Day of Saint Michael Class I.] General Courts of Common Law.-Court Houses.-Judges. 17 R c. 48. be from Michaelmas day in three weeks, nor from that day in one month. The Term to and the full turns of Writs, the Archangel in the year of our Lord one thousand seven hundred and No. XXXI. fifty-two, there shall not be nor be called any days of Return from 24 Geo. II. the day of Saint Michael in three weeks, nor from the day of Saint Michael in one month, nor either of them; and that the said Term of Saint Michael yearly for ever, from and after the said Feast of Saint Michael the Archangel one thousand seven hundred and fifty-two, shall begin in and upon the said Morrow of All Souls whensoever it shall Jhappen to fall (except it be on the Lord's Day, commonly called Sunday), and then on the morrow next after for the keeping of essoigns, profers, returns, and other ceremonies heretofore used and kept, in like manner and form as hath been used to be done in the day of the Return, commonly called from the day of Saint Michael in three weeks; and that the full Term of Saint Michael shall yearly for ever, from and after the said Feast of Saint Michael one thousand seven hundred and fifty-two, in all the aforesaid Courts of Record, begin and take its commencement upon the fourth day of the said Morrow of All Souls (except it be on the Lord's Day, commonly called Sunday), and then on the morrow next after. ter, except those days shall happen on III. And for the more speedy proceeding in writs of dower unde Nihil habet, and writs of entry for common recoveries to be sued and prosecuted by writs of entry or writs of right of advowson, and in all other real actions; Be it enacted by the authority aforesaid, That after the Feast of Saint Michael the Archangel one thousand seven hundred and fifty-two coming, if any writ in any such action come in, and be returnable in his Majesty's Court of Common Pleas, in the day of the Return of the Morrow of All Souls, then day shall be given in fifteen days of Saint Martin; if on the Morrow of Saint Martin then in eight days of Saint Hilary; if in eight days of Saint Martin, then in fifteen days of Saint Hilary; if in fifteen days of Saint Martin, then on the Morrow of The Purification; if in eight days of Saint Hilary, then in eight days of The Purification; if in fifteen days of Saint Hilary, then in fifteen days of Easter; if on the Morrow of The Purification, then in three weeks from the day of Easter; if in eight days of The Purification, then in one month from the day of Easter; if in fifteen days of Easter, then in five weeks from the day of Easter; if in three weeks from the day of Easter, then on the Morrow of The Ascension of our Lord; if in one month from the day of Easter, then on the Morrow of the Holy Trinity; if in five weeks from the day of Easter, then in eight days of the Holy Trinity; if on the Morrow of The Ascension of our Lord, then in fifteen days of the Holy Trinity; if on the Morrow of the Holy Trinity, then in three weeks from the day of the Holy Trinity; if in eight days of the Holy Trinity, then on the Morrow of All Souls; if in fifteen days of the Holy Trinity, then on the Morrrow of Saint Martin; if in three weeks of the Holy Trinity, then in eight days of Saint Martin. dower, &c. after issue joined, fifteen days sufficient between the teste IV. Provided nevertheless, and be it further enacted by the authority In writs of aforesaid, That in all writs of dower unde nihil habet, after issue joined, it shall not be needful or requisite to have above fifteen days betwixt the teste and return of the Venire facias, or any other process to be sued out for the trial of the said issue, but that the writ of Venire facias, and other process, after issue joined, until judgment be given, having only fifteen days between the teste and return thereof, shall be good and effectual in law, as is used in personal actions; any law, statute, or usage to the contrary heretofore notwithstanding. V. And it is hereby further enacted by the authority aforesaid, That from and after the said Feast of Saint Michael the Archangel one thousand seven hundred and fifty-two, all writs and process hereafter to be made out of any of his Majesty's Courts at Westminster, and having day from the fourth day of the Morrow of The Ascension, to the Morrow of the Holy Trinity, shall be good and effectual in law, notwithstanding there be not fifteen days between the teste and the Return of the said writs. VI. And be it further enacted by the authority aforesaid, That all writs or process made, or to be made returnable upon the following VOL. III. с and return of the venire. Writs, &c. having day from the fourth of the Ascen of the Morrow sion to the Morrow of the to be good. No. XXXI. 24 Geo. II. c. 48. Returns, videlicet; in three weeks of Saint Michael, or from the day of Saint Michael in one month next following, or having days between either of the said Returns, shall, by force and virtue of this Act, have day unto the said Morrow of All Souls, and the parties to the said writs and process shall then appear, and plead and proceed thereupon to all three weeks of intents and purposes, as if the said writs and process had been made re Saint Michael, or in one month Days of return of common writs in the Term. Writs of summons to warrant, abridged to four returns inclusive. Courts to appoint special days of returns where usual. Days of assise in darrein presentment, &c. to stand. 5 Edw. III. c. 6. 23 H. VIII. c.3. The presenting and swearing the mayors of London to be on ninth of November. 14 Ed. III. c. 7. turnable on the said Morrow of All Souls. from that day, to have day unto the Morrow of All Souls. VII. And be it further enacted, That all common writs, as well personal as mixt, which shall happen to be returnable in the said Michaelmas Term, shall have and keep the said Returns of the Morrow of Al Souls, the Morrow of Saint Martin, in eight days of Saint Martin, and in fifteen days of Saint Martin, or any of them. VIII. And whereas before the making of this Act, all writs of summons to warrant against the vouchers upon common recoveries had, in writs of entry and writs of right of advowson, were made for five 'Returns inclusive: Now, for the more speedy perfecting of such recovery, be it enacted by the authority aforesaid, That from and after the said Feast of Saint Michael the Archangel one thousand seven hundred and fifty-two, all and every such writs of summons to warrant upon the appearance of the tenant to every such writ of entry and writ of right of advowson, shall and may be made and abridged to four Returns inclusive. IX. Provided always, and it is hereby further enacted by the authority aforesaid, That in such and like cases and process as special days have been used to be appointed and assigned and given for the return of writs and process, it shall be lawful to the Justices of every the King's said Courts of Record for the time being, in all the process by them awarded, to assign and appoint special days of Returns, as by them shall be thought convenient. X. Provided also, and be it enacted by the authority aforesaid, That the days of assise in Darrein Presentment and in a plea of Quare impedit limited and appointed by the statute of Marlbridge, and also the days to be given in attaint limited in the statute made in the fifth year of the reign of King EDWARD the Third, and also in the statute made in the three and twentieth year of the reign of the late King HENRY the Eighth, being not contrary to the tenor of this Act, shall be holden firm, and stand in their full force and effect. 6 same XI. And whereas by divers Charters heretofore granted to the citizens of London, by his Majesty's royal predecessors Kings and Queens ' of England, it is directed that the mayor of the said city, after he is chosen, shall be presented and sworn before the King or Queen of England in their Court of Exchequer at Westminster, or before the Barons of the said Court: And whereas the said solemnity, after every ' annual election of the said mayor, hath been usually kept and ob'served by the said city on the twenty-ninth day of October, except the fall on a Sunday, and then on the day following; Be it enacted by the authority aforesaid, That from and after the said Feast of Saint Michael, which shall be in the year of our Lord one thousand seven hundred and fifty-two, the said solemnity of presenting and swearing the mayors of the city of London, after every annual election into the said office, in the manner and form heretofore used on the twentyninth day of October, shall be kept and observed on the ninth day of November in every year, unless the same shall fall on a Sunday, and in that case on the day following; any rule or order in any of the charters of the said city, or the usage or customs thereof to the contrary notwithstanding. • XII. And whereas by the abbreviation of Michaelmas Term pursuant to this Act, the Morrow of All Souls will not be in full Term, and thereby will prove inconvenient for the purpose of ordaining sheriffs 'pursuant to an Act of Parliament made in the fourteenth year of the reign of King EDWARD the Third, intituled, "How long a sheriff shall continue in his office;" Be it therefore enacted by the authority the Exchequer aforesaid, that from and after the commencement of this Act, the same The day of assembling at No. XXXI. 24 Geo. II. officers and persons, who by virtue of the said last mentioned Act, or any other law or statute, ought to assemble at the Exchequer yearly on the Morrow of All Souls, for the ordaining or nominating of sheriffs, shall not assemble on that day, but instead thereof shall assemble yearly on the Morrow of Saint Martin at the Exchequer, in the like manner, for ordaining and for the same intent and purpose. [ No. XXXII.] 1 Geo. III. c. 23.-An Act for rendering more effectual the Provisions in an Act made in the twelfth and thirteenth Years of the Reign of his late Majesty King William the Third, intituled, "An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject," relating to the Commissions and Salaries of Judges. WHE c. 48. Sheriffs to be on the Morrow of Saint Martin, 1 George III. c. 23. 12 & 13 W. III. c. 2. WHEREAS by an Act passed in the twelfth and thirteenth years of the reign of his late Majesty King WILLIAM the Third, inti'tuled, "An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject;" it was enacted, That after the limitation of the Crown thereby made should take effect judge's commissions be made quamdiu se bene gesserint, and their sala'ries ascertained and established; but upon the address of both houses of parliament, it might be lawful to remove them: And whereas your Majesty has been graciously pleased to declare from the throne to both houses of parliament, that you look upon the independency and ' uprightness of judges, as essential to the impartial administration of justice, as one of the best securities to the rights and liberties of your loving subjects, and as most conducive to the honour of your crown; ' and in consequence thereof, your Majesty has recommended it to the ⚫ consideration of your parliament, to make further provision for coutinuing judges in the enjoyment of their offices during their good behaviour, notwithstanding the demise of your Majesty, or any of your heirs and successors; and your Majesty has also desired your faithful commons that you may be enabled to secure the salaries of judges, during the continuance of their commissions: And whereas in return for this paternal goodness, and in the justest sense of your ⚫teuder concern for the religion, laws and liberties of your people, we have taken this important work into our consideration, and have re'solved to enable your Majesty to effectuate the wise, just, and generous purposes, of your royal heart: May it therefore please your Majesty that it may be enacted,' And be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spi- Judges contiritual and Temporal, and Commons, in this present Parliament assem- nued during bled, and by the authority of the same, That the commissions of judges their good befor the time being shall be, continue, and remain, in full force, during haviour, nottheir good behaviour, notwithstanding the demise of his Majesty (whom withstanding God long preserve) or of any of his heirs and successors; any law, usage, or practice to the contrary thereof in any wise notwithstanding. II. Provided always, and be it enacted by the authority aforesaid, That it may be lawful for his Majesty, his heirs and successors, to remove any judge or judges upon the address of both houses of parliament. any demise of Parliament. III. And be it enacted by the authority aforesaid, That such salaries as are settled upon judges for the time being, or any of them, by Act secured. of Parliament, and also such salaries as have been or shall be granted by his Majesty, his heirs and successors, to any judge or judges, shall, in all time coming, be paid and payable to every such judge and judges for the time being, so long as the patents or commissions of them, or any of them respectively, shall continue and remain in force. |