Charles II, 1664
An Act for preventing of Abatements of Writts of Error upon Judgements in the Exchequer.

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History of Parliament Trust

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John Raithby (editor)

Year published

1819

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514

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'Charles II, 1664: An Act for preventing of Abatements of Writts of Error upon Judgements in the Exchequer.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 514. URL: http://www.british-history.ac.uk/report.aspx?compid=47355 Date accessed: 16 April 2014. Add to my bookshelf


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Recital of 31 Eliz. c. 1. §1.

Reasons for passing this Act.; The not coming of the Lord Chancellor or Lord Treasurer shall not abate Writs of Error if either of the Chief Justices are in the Exchequer Chamber.

Whereas by a Statute made in the One and thirtyeth yeare of the Raigne of the late Queene Elizabeth It is enacted That the not comeing of the Lord Chauncellour and Lord Treasurer or either of them at the day of Adjournment in any Suite of Error depending by vertue of the Statute of the One and thirtyeth yeare of the Raigne of King Edward the Third therein mentioned concerning Error made in the Exchequer shall not be any Discontinuance of any such Writt of Error, But if both the Cheife Justices of either Bench, or any one of the said great Officers the Lord Chauncellour or Lord Treasurer shall come to the Exchequer Chamber and there be present at the day of Adjournment in such Suite of Error, It shall be noe Discontinuance but the Suite shall proceede in Law to all intents and purposes as if both the Lord Chauncellour and Lord Treasurer had comen, and beene present at the day and place of Adjournment, Which Statute doth not provide a Remedy in case the said Lord Chauncellour and Lord Treasurer or either of them shall not be present at the dayes and times of the Returnes of such Writts of Error although it be within the same mischeife Justice being delayed, And the partyes in such Cases being putt to begin new Suites to their great Charges and Prejudice by reason of the absence and not comeing of the said great Officers Bee it therefore enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in Parliament assembled and by Authoritie of the same That the not comeing of the Lord Chauncellour and Lord Treasurer or either of them at the day of Returne of any Writt of Error to be sued forth by vertue of the said Statute made in the said One and thirtyeth yeare of the Raigne of the said King Edward the Third shall not cause any Abatement or Discontinuance of any such Writt of Error, But if both the Cheife Justices of either Bench or either of them or any one of the said great Officers the Lord Chauncellour or Lord Treasurer shall come to the Exchequer Chamber and there be present at the day of Returne of any such Writt of Error it shall be noe Abatement or Discontinuance, But the Suite shall proceede in Law to all intents and purposes as if both the Lord Chauncellour and Lord Treasurer had commen and beene present at the day and place of [the (fn. 1) ] returne of such Writt.

II. But no Judgment given unless Lord Chancellor and Treasurer be present.

Provided alwayes That noe Judgement shall be given in any such Suite or Writt of Error, unlesse both the Lord Chauncellour and the Lord Treasurer shall be present thereat.

Footnotes

1 O. omits.