BHO

May 1659: An Act for Enabling and Authorising Certain Persons to be Justices of the Peace and Sheriffs.

Pages 1270-1271

Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.

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Citation:

1659

[11 May, 1659.]

Persons who were acting as Justices and Sheriffs in England on 6 May, 1659, to continue to act.

Be it Enacted by this present Parliament and the Authority thereof, That all and every such person and persons, as on the sixth day of May, One thousand six hundred fifty and nine, or at any time within three moneths before, did Act as Justices of the Peace, Justices of Oyer and Terminer, or Sheriffs, in any Counties, Cities, Precincts, Liberties or places, in England, Wales, or Town of Berwick upon Tweed, shall by force hereof, and by Authority of this present Parliament, be, and shall be adjudged and taken to be Justices of the Peace, Justices of Oyer and Terminer, and Sheriffs respectively, of and in their several respective Counties, Cities Precincts, Limits, Jurisdictions and Places, from and immediately after the said sixth day of May aforesaid; and shall so continue and be, untill there shall be Commissions and Letters Patents under the Great Seal of England, for the Constituting of Justices of the Peace, and of Oyer and Terminer, and of Sheriffs of and in the said several Counties, Places, and Precincts respectively, made and duly issued forth.

Authority of Sheriffs to make returns to writs.

And be it further Enacted by the Authority aforesaid, That the said respective Sheriffs shall have power and Authority, and are hereby enjoyned to execute and make Return, according to usual course, of all Writs, which issued out on or before the said sixth day of May, or at any time since, according to the times of their Returns.

Persons to continue to act in Scotland and Ireland as in England.

And be it further Enacted by the Authority aforesaid, That all and every person and persons, who on the said sixth day of May, or at any time within Three Moneths before, did or might act as Justices of the Peace, Justices of Oyer and Terminer, or Sheriffs of or within the several Counties, Cities and Places, within Scotland and Ireland respectively, be, and are hereby appointed and authorized to be Justices of the Peace, Justices of Oyer and Terminer, and Sheriffs respectively, of and in the said several and respective Counties, Cities, and Places in Scotland and Ireland respectively; and be and are hereby enjoyned to act in the said several and respective Offices and Places, in as full and ample maner as the Persons aforesaid are hereby authorized to do in England, Wales, and Town of Berwick, notwithstanding any Law, Custome or Usage in any wise to the contrary.

Style in legal proceedings.

And it is hereby Declared, That the Stile and Title to be used in all legal proceedings and process, shall and ought to be, The Keepers of the Liberty of England by Authority of Parliament, and no other.

Saving for chartered cities, etc.

Provided that this Act, or any thing herein contained, do not extend to the continuing of any Justices of Peace, Justices of Oyer and Terminer and Sheriffs, or any of them, within any Counties, Cities, Burroughs, or Towns Corporate, for any longer or further time then such Justices or Sheriffs ought to continue, by the Charter, Custom or Prescription of such Cities, Burroughs, or Towns Corporate respectively.