Fines and Recoveries Act 1833

As to the Records of Fines and Recoveries in the Courts of Common Pleas at Westminster and Lancaster, and the Court of Pleas at Durham, after the 31st of Dec. 1833.

XIII. And be it further enacted, That after the Thirty-first Day of December One thousand eight hundred and thirty-three the Records of all Fines and Common Recoveries levied and suffered in His Majesty’s Court of Common Pleas at Westminster, and all the Proceedings thereof, shall be deposited in such Places and kept by such Persons as the said Court of Common Pleas shall from Time to Time order or direct; and the Records of all Fines and Common Recoveries levied and suffered in His Majesty’s Court of Common Pleas at Lancaster, and all the Proceedings thereof, shall be deposited in such Places and kept by such Persons as His Majesty’s Justices of Assize for the County Palatine of Lancaster for the Time being shall from Time to Time order or direct; and the Records of all Fines and Common Recoveries levied and suffered in the Court of Pleas of the County Palatine of Durham, and all the Proceedings thereof, shall be deposited in such Places and kept by such Persons as the said Court of Pleas shall from Time to Time order or direct; and in the meantime the said Records and Proceedings shall remain in the same Places respectively where they are now deposited, and be kept by the respective Persons who would have continued entitled to the Custody thereof if this Act had not been passed; and while the said Records and Proceedings respectively shall be kept by such Persons respectively, Searches may be made and Extracts and Copies obtained as heretofore, and on paying the accustomed Fees; and when any of the Records and Proceedings shall, by the Order of the Court or Justices having the Control over the same, be kept by any other Person, then, so far as relates to the Records and Proceedings in the Custody of such other Person, Searches may be made and Extracts or Copies obtained at such Times and on paying such Fees as shall from Time to Time be ordered by the Court or Justices having the Control over the same; and the Extracts or Copies so obtained shall be as available in Evidence as they would have been if obtained from the Person whose Duty it would have been to have made and delivered out the same if this Act had not been passed.