Charles II, 1677
An Act for takeing of Affidavits in the Country to be made use of in the Courts of Kings Bench Common Pleas and Exchequer.

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History of Parliament Trust

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John Raithby (editor)

Year published

1819

Page

846

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'Charles II, 1677: An Act for takeing of Affidavits in the Country to be made use of in the Courts of Kings Bench Common Pleas and Exchequer.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 846. URL: http://www.british-history.ac.uk/report.aspx?compid=47465 Date accessed: 30 July 2014.


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Reasons for passing this Act.

Chief Justices and Lord Chief Baron may empower Persons by Commission to take Affidavits.; Judges of Assize in their Circuits may take Affidavits concerning Matters depending in the King's Bench, Common Pleas, and Exchequer.; Penalty on forswearing, as if sworn in open Court.

For the greater ease and benefitt of all persons whatsoever in the takeing of Affidavits to be made use of and read in his Majestyes Courts of Kings Bench Common Pleas and Exchequer at Westminster as well in matters and things relateing to his Majestie and his Revenue as in all other matters and causes whatsoever depending or to be depending in all or any of the Courts aforesaid or any wise concerning the proceedings of or in the same Bee it enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by the authoritie of the same That the Cheife Justice and other the Justices of the said Court of Kings Bench for the time being or any two of them whereof the Cheife Justice for the time being to be one for the said Court of Kings Bench and the Cheife Justice of the Common Pleas and the rest of the Justices there for the time being or any two of them whereof the Cheife Justice of the same Court to be one for the said Court of Common Pleas and alsoe the Lord Treasurer Chauncellor and Barons of the Court of Exchequer for the time being or any two or more of them whereof the Lord Treasurer Chauncellor or Lord Cheife Baron for the time being to be one for the said Court of Exchequer shall and may by one or more Commission or Commissions under the severall Scales of the said respective Courts from time to time as neede shall require impower what and as many persons as they shall thinke fitt and necessary in all and every the severall Shires and Countyes within the Kingdome of England and Dominion of Wales and Towne of Berwicke upon Tweede to take and receive all and every such Affidavit and Affidavits as any person or persons shall be willing and desireous to make before any of the persons soe impowered in or concerning any Cause Matter or Thing depending [or hereafter to be depending (fn. 1) ] or any wise concerning any of the proceedings to be in the said respective Courts as Masters of Chauncery in extraordinary doe use to doe, and that it shall and may be lawful1 for any Judge of Assise in his Circuit to take and receive any Affidavit or Affidavits as any person or persons shall be willing and desireous to make before him in or concerning any Cause Matter or Thing depending or hereafter to be depending or in any wise concerning any proceedings to be [had (fn. 1) ] in the said Courts of Kings Bench Common Pleas and Exchequer or any of them, which said Affidavits taken as aforesaid shall be filed in their severall and respective Offices of the said Courts the same doe concerne and then be read and made use of in the said Courts to all intents and purposes as other Affidavits taken in the said Courts now are and that all and every Affidavit and Affidavits taken as aforesaid shall be of the same force as Affidavits taken in the said respective Courts now are, and all and every person and persons forswearing him her or themselves in such Affidavit or Affidavits shall incurr and be lyable unto the same penalties as if such Affidavit or Affidavits had beene made and taken in open Court.

II. Fee besides the King's Duty.

Provided That for the takeing of every such Affidavit the person or persons soe impowered and takeing the same shall for soe doeing receive onely the Summe or Fee of twelve pence and noe more besides the Duty payable to his Majestie for the same, which said Duty to his Majestie shall not be paid to the said Commissioner but to the proper Officers in the said respective Courts before such Affidavit or Affidavits be therein filed or made use of.

Footnotes

1 interlined on the Roll.