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<DATE>2009-09-06</DATE>
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<NAME>Mona Logarbo</NAME>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y"><!-- PDF PAGE 79 -->
<P>AN ACT For Enabling JUDGES To hold an A&s;&s;ize at Durham.</P>
<P><FIGURE>
<FIGDESC>blazon of the Commonwealth</FIGDESC>
</FIGURE></P>
<P><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="license">
<OPENER><DATELINE><DATE><HI>W<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">dne&s;day</HI> July 13. 1659.</DATE></DATELINE></OPENER>
<P>ORdered by the Parliament. That this Act be forth with Printed and Publi&s;hed.</P>
<CLOSER><SIGNED>THO. S^t NICHOLAS Clerk of the Parliament.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></P>
<P><HI>LONDON:</HI> Printed by JOHN FIELD, Printer to the Parliament.</P>
<P>And are to be &s;old at the &s;even Stars in <HI>Fleet&s;treet,</HI> over again&s;t <HI>Dun&s;tans</HI> Church, 1659.</P>
</DIV1>
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<BODY>
<DIV1 TYPE="Act of Parliament">
<PB REF="2"><!-- PDF PAGE 80 -->
<PB N="1" REF="2"><!-- PDF PAGE 80 -->
<HEAD>AN ACT For Enabling JUDGES To hold an A&s;&s;ize at Durham.</HEAD>
<P>_BE it Enacted by Autho|rity of Parliament, and it is hereby ordained and ap|pointed, That a Se&s;&s;ions for the County of <HI>Durham</HI> &s;hall be holden and kept at the City of <HI>Durham</HI> in the &s;aid County, upon the Eighth day of <HI>Augu&s;t</HI> now next coming, being in this pre&s;ent year One thou&s;and &s;ix hundred fifty and nine, and that <HI>Francis Thorpe,</HI> one of the Iudges of this Commonwealth, and <HI>John Parker</HI> one other of the Iudges of this Common|wealth, &s;hall be Iu&s;tices of the &s;aid Se&s;&s;ions for the &s;aid County, and that all Actions, as well real as per&s;onal, and all other Acti|ons mixt or otherwi&s;e, and all Pleas, Pro|cepts, Writs, Proce&s;s, Demurrers, Recogni|zances, Fines, Recoveries, and all other Proceedings, matters and things which were depending in the Court of Pleas at <HI>Durham,</HI> upon the Two and Twentieth
<PB N="2" REF="3"><!-- PDF PAGE 81 -->day of <HI>Augu&s;t</HI> One thou&s;and &s;ix hundred forty two, or at any time &s;ince, and are now di&s;continued and put without day by not coming of the Iu&s;tices, or otherwi&s;e, &s;hall be and &s;tand revived, continued, and of as fall force and effect in Law, to all intents and purpo&s;es, as they were the &s;aid Two and Twentieth day of <HI>Augu&s;t,</HI> One thou|&s;and &s;ix hundred forty two, or at any time &s;ince, and as if the &s;ame had been taken and proceeded in before lawful Iu&s;tices. And that all &s;uch Proce&s;s, Pleas, Demurrers, and Proceedings in every &s;uch Action, Actions, Suits, Bills or Plaints, which were de|pending upon the &s;aid Two and Twentieth of <HI>Augu&s;t,</HI> One thou&s;and &s;ix hundred forty two, or any time &s;ince, &s;hall &s;tand good and effectual, and be proceeded in, and &s;ued forth, in &s;uch maner and form, and be in the &s;ame plight, e&s;tate, condition and order, as if the &s;ame di&s;continuance, ob&s;truction or hin|derance had never happened, any di&s;conti|nuance, mi&s;continuance, putting without day, or not pro&s;ecuting of the &s;ame to the contrary notwith&s;tanding. And that the &s;aid Iu&s;tices &s;o a&s;&s;igned, or one of them, after &s;uch time as they &s;hall have the Re|cords of the &s;ame Pleas and Proce&s;s before them, &s;hall have full Power and Autho|rity to continue the &s;aid Pleas, Proce&s;s, and all things that depend upon them, and to hear and finally determine thereupon ac|cording as any other Iu&s;tice or Iu&s;tices of any Se&s;&s;ions heretofore held at <HI>Durham,</HI> before the &s;aid Two and Twentieth day
<PB N="3" REF="3"><!-- PDF PAGE 81 -->of <HI>Augu&s;t,</HI> One thou&s;and &s;ix hundred forty two, might or ought to have done, in ca&s;e there had not been any ob&s;truction, di&s;con|tinuances, or not coming of the &s;aid Iu&s;ti|ces as afore&s;aid.</P>
<P>And be it further Enacted, That in all Actions now depending in the Court of Exchequer at <HI>We&s;tmin&s;ter,</HI> for any Matter or Cau&s;e ari&s;ing within the &s;aid County of <HI>Durham,</HI> and now at I&s;&s;ue, or which &s;hall be brought to I&s;&s;ue, before the &s;aid Eight of <HI>Augu&s;t,</HI> One thou&s;and &s;ix hundred fifty and nine, the tenor of the Record thereof &s;hall be &s;ent by Mittimus, directed to the &s;aid Iu&s;tices of the &s;aid County of <HI>Durham,</HI> to be there tried according to the Law, and further to be proceeded in as the Law requires. And likewi&s;e that all Writs and Proce&s;s, which have &s;ince the &s;aid Two and Twentieth day of <HI>Augu&s;t,</HI> One thou&s;and &s;ix hundred forty two, I&s;&s;ued forth out of the &s;everal Courts of Vpper Bench, and Common Pleas at <HI>We&s;tmin&s;ter,</HI> directed to the Sheriff of the County of <HI>Durham,</HI> and all other Returns and other Proceedings thereupon, &s;hall be as good and effectual in Law, to all intents and purpo&s;es, as any of the like Writs and Proce&s;&s;es directed to other Sheriffs of any other Counties of <HI>England,</HI> and Returns and other Proceedings thereupon are or ought to be; and that &s;uch further Proce&s;s, Pro|ceeding, Trial, Iudgement, and Execution may be had thereupon, as in other Counties upon like Writs, Proce&s;s, and Actions.
<PB N="4" REF="4"><!-- PDF PAGE 82 -->And that they the afore&s;aid a&s;&s;igned Iu|&s;tices, or either of them, &s;hall likewi&s;e hear and determine all and all maner of Trea|&s;ons, Petty Trea&s;ons, Murthers, Man|&s;laughters, Felonies, Burglaries, Rapes, Tre&s;pa&s;&s;es, Riots, Routs, Vnlawful A&s;&s;emblies, and all other Offences and Injuries what&s;oever, tryable, done or committed by any per&s;on or per&s;ons what|&s;oever within the &s;aid County of <HI>Durham,</HI> again&s;t the Statutes and Laws of this Nation, in &s;uch ca&s;es made and provided: and al&s;o to make or cau&s;e to be made a Gaol-delivery there, according to the Law and Cu&s;tom of <HI>England.</HI> And that the &s;aid Iu&s;tices &s;hall act, do and perform all other matters and things, in &s;uch maner and form as any other Iu&s;tice or Iu&s;tices of A&s;&s;ize, or other Iu&s;tice at <HI>Durham,</HI> and of the Pleas of Crown, Common Pleas, and other Pleas, have u&s;ually and re&s;pe|ctively acted, done and performed at any time heretofore. And the Lords Com|mi&s;&s;ioners appointed for the Cu&s;tody of the Great Seal of <HI>England,</HI> are hereby re|quired and Authorized to I&s;&s;ue forth to the &s;aid A&s;&s;igned Iu&s;tices of A&s;&s;ize and Gaol-delivery, for the Execution of the Pre|mi&s;es, &s;uch Commi&s;&s;ion or Commi&s;&s;ions, as in &s;uch Ca&s;es into other Counties of <HI>England</HI> are now I&s;&s;ued, and comman|ding and enjoyning likewi&s;e the Sheriff of the &s;aid County of <HI>Durham,</HI> that he cau&s;e forthwith Proclamation and notice to be given in all places within the &s;aid County,
<PB N="4" REF="4"><!-- PDF PAGE 82 -->as well within Liberties as without, to all Earl, Barons, Knights, Iu&s;tices, Mayors, Bayliffs, Stewards, Officers, Mini&s;ters, and other Per&s;ons what&s;o|ever, dwelling and re&s;iding within the &s;aid County, having any thing to do at the &s;ame Se&s;&s;ions, that they then and there attend upon the &s;aid Iu&s;tices, and be in all things requi&s;ite to them aiding and a&s;&s;i&s;ting.</P>
<P>And it is further Enacted, Ordained, and Declared by the Authority afore&s;aid, That as well all &s;uch Fines and Common Re|coveries of any Honors, Manors, Lands, Tenements or Hereditaments, lying or being within the &s;aid County of <HI>Durham,</HI> as were taken before the Iu&s;tices of A&s;&s;izes, or either of them at the la&s;t A&s;&s;izes, holden at <HI>Durham</HI> afore&s;aid, the Twelfth day of <HI>Augu&s;t,</HI> One thou&s;and &s;ix hundred and fifty, or at any other time or times before the &s;aid A&s;&s;izes, &s;ince the &s;aid Two and Twen|tieth day of <HI>Augu&s;t,</HI> One thou&s;and &s;ix hun|dred forty two, or which have been had or &s;uffered before the Thirtieth of <HI>Augu&s;t,</HI> One thou&s;and &s;ix hundred fifty nine, and as if the &s;ame had been taken or &s;uffered, or hereafter &s;hall be taken or acknow|ledged at the &s;aid A&s;&s;izes, &s;o by this Act appointed to be holden at <HI>Durham</HI> as afore|&s;aid, or which &s;hall be taken and acknow|ledged by vertue of any Commi&s;&s;ion dire|cted to any Iudge of either Bench, Barons of the Exchequer, Serjeant at Law, and other Special Commi&s;&s;ioners, according
<PB N="6" REF="5"><!-- PDF PAGE 83 -->to the Accu&s;tomed maner of taking Fines and Recoveries of Lands, lying in any other County within the Commonwealth of <HI>England,</HI> &s;hall be Ordered, Entred, In|gro&s;&s;ed, and otherwi&s;e proceeded in perfe|cting thereof in the Court of Common Pleas at <HI>We&s;tmin&s;ter,</HI> and in &s;uch Offices and Places, and in &s;uch maner and form, and by and before &s;uch Officers, as other Fines and Recoveries re&s;pectively taken of, or for Lands, Tenements, or other Hereditaments, lying within the Counties of <HI>Monmouth</HI> and <HI>Hereford,</HI> or any other County or Counties of <HI>England,</HI> which are not or have not been Counties Palatine, are and have been u&s;ually Entred, En|rolled, Ingro&s;&s;ed, Ordered, and other|wi&s;e proceeded in. And that all Writs of Covenant, Writs of Entry and Dedimus Pote&s;tatems, to take the Captions or Ac|knowledgements of Fines, and Warrants of Attorney for Recoveries within the &s;aid County of <HI>Durham,</HI> &s;hall be I&s;&s;ued and made by the pre&s;ent Cur&s;itor of the &s;aid Counties of <HI>Monmouth</HI> and <HI>Hereford,</HI> who is already &s;worn and admitted Cur&s;itor for the &s;aid County of <HI>Durham,</HI> by the Lords Commi&s;&s;ioners of the Great Seal, in as full and ample maner and form as any Writs of the like nature are or have been heretofore u&s;ually I&s;&s;ued and made by any of the Cur&s;itors of the Chancery of <HI>England,</HI> in any other of the Counties of <HI>England.</HI></P>
<P><PB N="7" REF="5"><!-- PDF PAGE 83 -->
And it is further Enacted and Or|dained, That the &s;everal Officer and Officers of the &s;everal and re&s;pective Offices and Places afore&s;aid, &s;hall re|ceive and take the &s;aid Fines, Re|coveries, and all Writs and other Writings and Immuniments concern|ing the &s;ame, without exacting or taking any reward for, or duty for any <HI>Po&s;t Diem,</HI> or <HI>Po&s;t Terminum</HI> there|of; which Fine and Fines, and all and every Recovery and Recoveries here|tofore Levied or Suffered, or here|after to be Levied or Suffered, of any honors, Manors, Lands, Tene|ments, or Hereditaments lying or be|ing in the &s;aid County of <HI>Durham,</HI> in maner and form afore&s;aid, or here|after pa&s;&s;ed in the Court of Common Pleas at <HI>We&s;tmin&s;ter,</HI> of any Lands or Tenements in the &s;aid County, &s;hall be of the &s;ame and the like force, &s;trength and effect in Law, to all intents, con|&s;tructions and purpo&s;es, as any other Fine or Fines Levied, and Common Recoveries &s;uffered in the &s;aid Court of Common Pleas at <HI>We&s;tmin&s;ter,</HI> of Lands lying in any other County, are or is, any Law, Statute, Cu&s;tom or V&s;age to the contrary notwith&s;tanding.</P>
</DIV1>
<DIV1 TYPE="license">
<PB N="8" REF="6"><!-- PDF PAGE 84 -->
<OPENER><DATELINE><DATE>Wedne&s;day, July 13, 1659.</DATE></DATELINE></OPENER>
<P>ORdered by the Parliament, That this Act be forthwith Printed and Publi&s;hed.</P>
<CLOSER><SIGNED>THO. S^t NICHOLAS Clerk of the Parliament.</SIGNED></CLOSER>
<PB REF="6"><!-- PDF PAGE 84 -->
</DIV1>
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