c. 18. 5 GRO. II. British stat. 1732. No persons to be justices who have not £100 a year clear of incumbrances. Attornies, solicitors, and proctors inca Persons acting as to forfeit £100. to the public welfare, Be it therefore enacted, That no person shall be capable of being a justice of the peace, or to act as a justice of the peace for any county within that part of Great Britain called England, or the principality of Wales, who shall not have an estate of freehold or copyhold to and for his own use and benefit, in possession, for life, or for some greater estate, either in law or equity, or an estate for years, determinable upon one or more life or lives, or for a certain term originally created for one-and-twenty years, or more, in lands, tenements, or hereditaments lying in that part of Great Britain called England, or principality of Wales, of the clear yearly value of one hundred pounds, over and above what will satisfy and discharge all incumbrances that may affect the same. 2. No attorney, solicitor, or proctor in any court whatsoever shall be capable to continue or be a justice of the peace within any county for that part of Great Britain called England, or the principality of Wales, during such time as he shall continue in the business and practice of an attorney, solicitor, or proctor. 3. If any person, who shall not be qualified according to the justices not directions of this act, shall accept or take upon himself the office so qualified, of a justice of the peace, or shall do any act as such, the person so offending shall for every such offence forfeit and pay the sum of £100; one moiety whereof shall be to the king's majesty, his heirs and successors, and the other moiety to such person or persons as will sue for the same by action of debt, bill, plaint, or information in any of his majesty's courts of record at Westminster, in which no essoin, protection, wager of law, or more than one imparlance shall be allowed. Not to extend to are counties, or other places having justices by charter. 4. Provided always, That this act, or any thing herein concities which tained, shall not extend or be construed to extend to any city or town, being a county of itself, or to any other city, town, cinque port, or liberty having justices of the peace within their respective limits and precincts by charter, commission, or otherwise; but that in every such city, town, liberty, and place such persons may be capable to be justices of the peace, and in such manner only as they might have been, if this act had never been made; any thing herein before contained to the contrary thereof in any wise notwithstanding. 18 GEO. II. c. 20. 18 GEO. II. c. 20.] To amend and render more effectual an British stat. act 5 Geo. II. c. 18 (ante), intituled, For the further qualification of justices of the peace. BRIT. [1745.] 1745. 18 Geo. II. c. 20, sec. 1.] Whereas by many acts of parlia ment of late years made, the power and authority of justices of the peace is greatly increased, whereby it is become of the utmost consequence to the commonweal to provide against c. 20. tice of peace, sessed of persons of mean estate acting as such: And whereas the laws 18 GEO. II. now in force are not sufficient for that purpose; Be it therefore British stat. enacted, That no person shall be capable of being a justice of 1745. the peace, or of acting as such for any county, riding, or divi- Νο person sion, within that part of Great Britain called England, or the to be a jusprincipality of Wales, who shall not have, either in law or not posequity, to and for his own use and benefit, in possession, a £100 per freehold, copyhold, or customary estate for life, or for some annum, greater estate, or an estate for some long term of years, determinable upon one or more life or lives, or for a certain term originally created for twenty-one years or more in lands, tenements, or hereditaments, lying or being in that part of Great Britain called England, or the principality of Wales, of the clear yearly value of £100 over and above what will satisfy and discharge all incumbrances that affect the same, and over and above all rents and charges payable out of, or in respect of the same; tled to reor who shall not be seized of, or intituled unto, in law or equity, £300 per to and for his own use and benefit, the immediate reversion or annum; remainder of and in lands, tenements or hereditaments, lying or being as aforesaid, which are leased for one, two, or three lives, or for any term of years, determinable upon the death of one, two, or three lives, upon reserved rents, and which are of the clear and who yearly value of £300; and who shall not, before he takes upon take and himself to act as a justice of peace, at some general or quarter- the followsessions for the county, riding, or division for which he does or ing oath. shall intend to act, first take and subscribe the oath following, 19 Geo. II. videlicet: or not enti version of shall not subscribe Amended by c. 31. I, A. B., do swear, That I truly and bona fide have such an Oath. estate, in law or equity, to and for my own use and benefit, consisting of (specifying the nature of such estate whether messuage, land, rent, tithe, office, according to the true intent and meaning of an act of parliament, parishes, townships, or precincts of several counties of (as the case may be) or in the Which oath so taken and subscribed as aforesaid, shall be kept by the clerk of the peace of the said county, riding, or division et de be Oath to 18 GEO. 11. for the time being, among the records of the sessions for the British stat. Said county, riding, or division. c 20. 1745. Copy of oath for 28. 2. Every such clerk of the peace shall, upon demand for that to be given purpose made, forthwith deliver a true and attested copy of the said oath in writing, to any person, paying for the same the sum of two shillings and no more; which being proved to be a true copy of such oath, to be kept amongst the records as aforesaid, shall be admitted to be given in evidence upon any issue in any mitted in action, suit, or information, to be brought upon this act. and ad evidence. 3. Any person who shall act as a justice of the peace for any county, riding, or division, within that part of Great Britain called England, or the principality of Wales, without having taken and subscribed the said oath as aforesaid, or without being qualified according to the true intent and meaning of this act, Penalty of shall, for every such offence, forfeit the sum of £100; one moiety to the use of the poor of the parish in which he most usually resides, and the other moiety to the use of such person or persons who shall sue for the same, to be recovered, together with full costs of suit, by action of debt, bill, plaint, or information, in any of his majesty's courts of record at Westminster, in which no esscin, protection, wager of law, or more than one imparlance shall be allowed; and in every such action, suit, or information, the proof of his qualification shall lie on such person against whom the same is brought. Proof of qualifica tion on the defendant. Defendant to specify lands (not his oath) in a written notice. 4. Provided always, That if the defendant in any such action, suit, or information, shall intend to insist upon any lands, tenecontained in ments, or hereditaments, not contained in such oath as aforesaid, as his qualification to act as a justice of peace in part, or in the whole at the supposed time of the offence wherewith he is charged, he shall at or before the time of his pleading deliver to the plaintiff or informer, or his attorney, a notice in writing, specifying such lands, tenements, and hereditaments (other than those contained in the said oath), and the parish, township, precinct, or place, or parishes, townships, precincts, or places, and the county or counties wherein the same are respectively situate, lying or being (offices and benefices excepted, which it shall be sufficient to ascertain by their known and usual names), and if the plaintiff or informer in any such action, suit, or information, shall think fit thereupon not to proceed any further, he may, with the leave of the court, discontinue such action, suit, or information, on payment of such costs to the defendant as the court shall award. Lands not not to be allowed. 5. Provided also, That upon the trial of the issue in any mentioned, action, suit, or information, to be brought as aforesaid, no lands, tenements, or hereditaments, which are not contained in such oath and notice as aforesaid, or one of them, shall be allowed to be insisted upon by the defendant, as any part of his qualification. c. 20. charge 6. Where the lands, tenements, or hereditaments, contained 18 GEO. II. in the said oath or notice, are, together with other lands, tene- British stat. ments, and hereditaments, belonging to the person taking such 1745. oath, or delivering such notice, liable to any charges, rents, or Lands menencumbrances, that within the true intent and meaning, and for farge the purposes of this act, the lands, tenements, and heredita- able with ments, contained in the said oath or notice shall be deemed and brances. taken to be liable and chargeable, only so far as the other lands, tenements, and hereditaments so jointly charged, are not sufficient to pay, satisfy, or discharge the same. incum tion by rent only 7. Provided always, That where the qualification required by qualifica this act, or any part thereof, consists of rent, it shall be sufficient to specify in such oath or notice as aforesaid, so much of the lands, tenenients, or hereditaments, out of which such rent is issuing, as shall be of sufficient value to answer such rent. penalty re 9. Provided always, and be it further enacted, That only one Only one penalty of £100 shall be recovered from the same person by coverable. virtue of this act, or of the act, 5 George II. c. 18 (ante), for the same or any other offence committed by the same person before the bringing of the action, suit, or information, upon which one penalty of £100 shall have been recovered, and due notice given to the defendant of the commencement of such action, suit, or information: any thing in this or the same act to the contrary notwithstanding. quent action offence prior notice. 10. Provided always, That where an action, suit, or informa- No subse tion shall be brought, and due notice given thereof as aforesaid to be for no proceedings shall be had upon any subsequent action, suit, to the first or information against the same person for any offence commit- action and ted before the time of giving such notice as aforesaid; but the court where such subsequent action, suit, or information shall be brought, may, upon the defendant's motion, stay proceedings upon every such subsequent action, suit, or information, so as such first action, suit, or information be prosecuted without fraud and with effect, it being hereby declared, That no action, suit, or information which shall not be so prosecuted shall be deemed or construed to be an action, suit, or information, within the intent and meaning of this act. of action. 11. Provided always, That every action, bill, plaint, or infor- Limitation mation given by this or the said former act, shall be commenced within the space of six calendar months, after the fact upon which the same is grounded shall have been committed. Places not 12. Provided always, That this act, or any thing herein con- within this tained, shall not extend or be construed to extend to any city act. or town being a county of itself, or to any other city, town, cinque-port, or liberty, having justices of the peace within their respective limits and precincts, by charter, commission, or otherwise; but that in every such city, town, liberty, and place such 18 Geo. II. c. 20. persons may be capable to be justices of the peace, and in such British stat. manner only, as they might have been, if this act had never been made; any thing herein before contained to the contrary thereof in any wise notwithstanding. 1745. 7 GEO. III. c. 9. 7 GEO. III. c. 9.] For obviating doubts which have arisen British stat. with respect to so much of an act, 1 Geo. III. c. 13, as directs the taking of certain oaths by justices of the peace, on the issuing of any new commission of the peace. BRIT. [1767.] 1767. obliged to take and subscribe the oaths &c. 7 Geo. III. c. 9.] Whereas doubts have arisen, with respect to the construction of so much of an act made the first year of the reign of his present majesty, intitled, An act to amend an act passed in the year of King George II., concerning the qualification of justices of the peace, as relates to the taking of certain oaths by justices of the peace, on the issuing of new commissions of the peace; Be it therefore enacted and declared, That all perJustices not sons who have been, or shall be, appointed justices of the peace, by any commission or commissions granted, or to be granted, by his present majesty, and have taken and subscribed, or shall more than take and subscribe, the oaths mentioned in the said act made in once during, the first year of his present majesty's reign; and all persons, who shall be appointed justices of the peace, by any commission or commissions, which shall be granted after his majesty's demise, by any of his successors, kings or queens of this realm, and shall have, after the issuing of the first commission, whereby such persons shall be appointed justices of the peace, in the reign of any such king or queen, taken and subscribed the said oaths, shall not be obliged, during the reign of his present majesty, or during any future reign in which such oaths shall have been so taken and subscribed as aforesaid, to take and subscribe the same oaths, for or by reason of such persons being again appointed justices of the peace by any subsequent commission or commissions which shall be granted during any such reign; and shall not incur any penalty or forfeiture for the not taking or subscribing the said oaths. 11 GEO. IV. & 1 WM. IV. c. 20. British stat. 1830. Treasurer and com 11 GEO. IV. and 1 WILL. IV. c. 20.] To amend and consolidate the laws relating to the pay of the royal navy. BRIT. [29 May, 1830.] 11 Geo. IV. and 1 Will. IV. c. 20, sec. 92.] For the more speedy and effectual bringing to justice persons who shall commit any offence against this act: Be it enacted, That it shall be missioners lawful for the treasurer and the commissioners of the navy for the time being, or any one of them, and they are hereby respectively authorized and empowered, from time to time, in all places of the navy to act as justices of peace. |