Page:Ruffhead - The Statutes at Large - vol 3.djvu/337

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A. D. 1664. Anno decimo fexto Carol 1 IL C. r 3. 289 CAP, I. An A£t for the Aflembling and Holding of Parliaments once in three Years at the lead ; and for ' the Repeal of an A6t, intituled, An Ail for the preventing of Inconvenlenciei happeninf^ by the long Intermiffion cf Parliaments,

  • 'fXrHEREAS the Aft made in the Parliament begun at IFeJiminJier the third Day of A'iw/wf'r in

' V V the fixteenth Year of the Reign cf our late Sovereign Lord King Charles of blellcd Memory, in- ig Car. i. c, t, ' tituled, All ASl for the preventing of Inconveniencies happening by the long Intermiffion of Parliaments, is in ' Derogation of his Majefty's juft Rights and Prerogative inherent to the Imperial Crown of this Realm, ' for the Calling and aflembling of Parliaments, and may be an Occafion of manifold Miichi;fs and Incon- ' veniencies, and much endanger the Peace and Safety of his Majefty, and all his Liege People of this ' Reahn :' II. Be it therefore enafted by the King's moft Excellent Majefty, by and with the Advice and Confent of , the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament afTembled, and by the Au- thority of the fame, That the faiJ Aft, intituled. An AiTt for the preventing of Ineonvcniencies happening by the long Inter7niffion of Parliaments, and all and every the Articles, Claufes and Things therein contained, is, ftiall be, and are hereby wholly repealed, annulled, and utterly made void, and are hereby declared to be null. and void to all Intents and Purpofes whatfoever, as if the faid Aft had never been had or madej A Repeal of the I any Thing in the faid Aft contained to the contrary in any wife notwitbftanding. - faid Ail.. ' ' III. A'nd becaufe by the ancient Laws and Statutes of this Realm, made in the Reign of King Edward ^ Ed. 3, c. 14. ' the Third, Parliaments are to be held very often;' your Majefty's humble and loyal Subjefts the Lords 36Ed. j.c. 10.

Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, moft humbly do befeech

iyour moft Excellent Majefty, That it may be declared and enabled ; {^) And be it declared and enacted by ' the Authority aforefaid, That hereafter the Sitting and Holding of Parliaments fliall not be intermitted cur idifcontinued above three Years at the moft ; (3) but that within three Years from and after the Determi- j nation of this prefent Parliament, and fo from Time to Time v/ithin three Years after the Determination of any other Parliament or Parliaments, or if there be Occafion more often, your Majefty, your Heirs and Succeflbrs, do iflue out your Writs for calling, aflembling and holding of another Parliament, to the End 6 W. & M, c, 2, ! there may be a frequent Calling, Aflembling and Holding of Parliaments once in three Years at the leaft. ^ "^^o- '• "^^ 38" CAP. IL

  • An Aft for preventing of Abatements of Writs of Error upon Judgments in the Exchequer:

' K7 H E R E A S by a Statute made in the one and thirtieth Year of the Reign of the late Queen Eli-za- ,i-£.z. c r. ' VV beth, it is enafted, That the not coming of the Lord Chancellor and Lord Treafurer, or either of ' them, at the Day of Adjournment, in any Suit of Error depending by Virtue of the Statute of the one

  • and thirtieth Year of the Reign of King Edward the Third therein mentioned, concerning Error m.ade in 3iEd. 3. Stat.i,

' the Exchequer, fhall not be any Difcontinuance of any fuch Writ of Error ; (2) but if both the Chief c-iz. ' Juftices of either Bench, or any one of the faid Great OiBcers, the Lord Chancellor or Lord Treafurer, Caithew 38s-, ' fhall come to tire Exchequer-Chamber, and there be prefent at the Day of Adjournment in fuch Suit of ' Error, it fliall be no Difcontinuance, but the Suit fhall proceed in Law to all Intents and Purpofes, as ' if both the Lord Chancellor and Lord Treafurer had comen and been prefent at the Day and Place of Ad- ' journment: (3) Which Statute doth not provide a Remedy, in Cafe the faid Lord Chancelfor and Lord ' Treafurer, or either of them, fhall not be prefent at the Days and Times of the Returns of fuch Writs of ' Error, although it be within the fame Mifchief, Juftice being delayed, and the Parties in fuch Cafes being ' put to begin new Suits, to their great Charges and Prejudice, by Reafon of the Abfence and not coming ' of the faid Great Officers :' n. Be it therefore enafted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and the Commons, in this Parliament aflembled, and by Authority of the fame. That the not coming of the Lord Chancellor and Lord Treafurer, or either of them, at the Day of Return of any Writ of Error to be fued fortli by Virtue of the faid Statute made in the faid one and thirtieth Year of the Rei;-n of the faid 'K. zEdward the Third, fhall not caufe any Abatement or Difcon- tinuance of any fuch Writ of Error : (2) But if both the Chief Juftices of either Bench, or either of them, or any one of the faid Great Oflicers, the Lord Chancellor or Lord Treafurer, fhall come to the °'"/^^ 'r" tncm, or any one of the laid (jreat Uriicers, the Lord t^hancellor or J.ord 1 reaiurer, mail come to the"'""='r"™

, lilxchequer-Chamber, and there be prefent at the Day of Pvetui-n of any fuch V/rit of Error, it fhall be no •"""'"'■ "

(Abatement or Dilcontmuance, but the Suit fhall proceed in Law to all Intents and rurpoles, as if both the 'Lord Chancellor and Lord Treafurer had comen and been prefent at the Day and Place of the Return of fuch Writ. III. Provided always. That no Judgment fhall be given in any fuch Suit or Writ of Error, unlels both Altered by 20 the Lord Chancellor and the Lord Treafurer-fliall be prefent thereat. c^r. z. c. 4. ' A,dfcefa:lhcr 4 Ann, c. 16, which gives Cojii on quaping Writ ijf Error, CAP. IIL An Aft for collefting tho Duty arifmg bv Hearth Money, by OiRcers to, be appointed by his Majefty. i- & 14 Car- i; [Repealed by 3 W. & M. Sefl". i. c. lo.j c. 10. ijCar, 1, c. i^. Vol. Ill, P p C A ?.