' County of the Town of Nottingham; and at the late Election the Town of of Members to serve in Parliament for the said Town and Nottingham. : act as Justices County, the Freedom of such Election was, by great Riots and Disturbances, grossly violated, and a great Number of Electors. were deterred from exercising their Franchise by voting at such Election And Whereas the said Town and County of the said Town were formerly Part of the County of Nottingham, but have been separated and made distinct therefrom, and exempted from the Jurisdiction of the Magistrates of the said County of Nottingham; and the Mayor and Aldermen of the said Town of Nottingham are Justices of the Peace in and for the said Town and the County of the said Town: And Whereas the said distinct and exclusive Jurisdiction has been found ineffectual for preserving the Peace and securing the Freedom of Election within ‹ the said Town and County of the said Town:' May it therefore please Your Majesty that it may be enacted, and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, it shall and Justices for the may be lawful to and for the Justices of the Peace in and for the County of NotCounty of Nottingham for the time being, and they are hereby tingham may required to act as Justices of the Peace in and for the said Town for the Town and County of the said Town of Nottingham; and such Justices and County of of the Peace in and for the said County of Nottingham, are hereby the Town of authorized and empowered to act as Justices of the Peace in and Nottingham; for the said Town and County of the Town of Nottingham, in as full and ample Manner as they could or might have done if the said Town and County of the said Town had not been made a distinct County, but had continued to all Intents and Purposes Part of the said County of Nottingham, and as fully and amply, to all Intents and Purposes whatever, as the Mayor and Aldermen of the said Town and County of the Town of Nottingham, or any or either of them, as Justices of the Peace, before the passing of this Act, have used and exercised within the said Town and County of the said Town, or any Part thereof, any Charter, Law, Custom or Usage to the contrary notwithstanding; and all Persons whatever, either within the said County of Nottingham at large, or within the said Town of Nottingham and County of the said Town, who may at any Time hereafter be lawfully authorized, appointed or required, by any of the said Justice or Justices, as such Justice or Justices of the Peace acting in and for the said Town and County of the Town of Nottingham by virtue of this Act, to do any Act, Matter or Thing, are hereby authorized and required to act in pursuance of such Authority, Appointment or Requisition, in the same Manner, and under and subject to the same Pains and Penalties for Disobedience thereof, and under the same Protection and Privileges, as to any Act, Matter or Thing done or to be done in pursuance thereof, as if such Act, Matter or Thing respectively, were or had been done, or were or had been authorized, appointed or required, within the said County of Nottingham at large. เ Recital that the ensuing Election for a Member may be previous to the Midsummer Quarter Sessions. Persons taking out their "Dedimus and Persons authorized by them shall act in pursuance rity, &c. No Person shall be arrested on Process of any Court in England or Ireland, Action not originally sufficient to require Bail. for a Cause of Persons arrested on Mesne Process, instead of giving Bail, may deposit with the Sheriff, &c. the "Dedimus Potestatem previous to such Election, enabled to take "the Oath of Qualification before Two Magistrates, instead of at "the Sessions. § 2. CAP. XLVI. An Act for the more effectual Prevention of frivolous and vexatious Arrests and Suits; and to authorize the levying of Poundage upon Executions in certain Cases. Fo [27th May 1803.] OR the more effectual Prevention of frivolous and vexatious Arrests, and for the Relief of Persons imprisoned on Mesne Process' Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That, from and after the First Day of June One thousand eight hundred and three, no Person shall be arrested or held to Special Bail upon any Process issuing out of any Court, within those Parts of the United Kingdom of Great Britain and Ireland called England and Ireland, for a Cause of Action not originally amounting to such Sum for which such Person is, by the Laws now in being, liable to be arrested and held to Bail, over and above and exclusive of any Costs, Charges and Expences that may have been incurred, recovered or become chargeable in or about the suing for or recovering the same, or any Part thereof. II. And Whereas it does and may happen that Persons arrested upon Mesne Process may not be able to find sufficient Sureties for their Appearance at the Return of the Writ, and yet may be able to make a Deposit of the Money for which they are so arrested, together with a competent Sum for Costs: And Whereas it is expedient that Persons arrested should, upon making such Deposit, be permitted to go at Large until the Return of the Writ without finding Bail to the Sheriff for their Appearance at the Return thereof;' Be it therefore enacted by the Authority aforesaid, That all Persons who shall, from and after the First Day of June, in the Year of our Lord One thousand eight hundred and three, be arrested upon Mesne Process, within those Parts of the United Kingdom of Great Britain and Ireland called England and Ireland, shall be allowed in lieu of giving Bail to the Sheriff, to deposit in the Hands of the Sheriff, by delivering to him, or to his Under Sheriff, or other Officer to be by him appointed for that Purpose, the Sum indorsed upon the Writ by virswer Costs, &c. tue of the Affidavit for holding to Bail in that Action, together with Ten Pounds in Addition to such Sum to answer the Costs which may accrue or be incurred in such Action up to and at the Time of the Return of the Writ; and also such further Sum of Money, if any, as shall have been paid for the King's Fine upon any original Writ; and shall thereupon be discharged from such Arrest as to the Action in which he, she or they shall so deposit the Sum indorsed on the Writ; and that the Sheriff shall, in every such Case, at or before the Return of the said Writ, pay into the Court in which such Writ shall be returnable the Sum of Money so deposited with him as aforesaid; and thereupon, in case the Defendant Sum indorsed on the Writ, with 101. to an Such Deposit shall be paid into Court, and on the Defend Defendant or Defendants shall afterwards duly put in and perfect Bail in such Action according to the Course and Practice of such Court, the Sum of Money so deposited and paid into Court as aforesaid shall, by Order of the Court, upon Motion to be made for that Purpose, be repaid to such Defendant or Defendants; but in case the Defendant or Defendants shall not duly put in and perfect Bail in such Action, then and in such Case the said Sum of Money so deposited and paid into Court as aforesaid, shall, by Order of the Court, upon a like Motion to be made for that Purpose, be paid over to the Plaintiff or Plaintiffs in such Action, who shall be thereupon authorized to enter a Common Appearance, or file Common Bail for such Defendant or Defendants, if the said Plaintiff or Plaintiffs shall so think fit; such Payment to the Plaintiff or Plaintiffs to be made subject to such Deductions, if any, from the Sum of Ten Pounds deposited and paid to answer the Costs as aforesaid, as upon the Taxation of the Plaintiff's Costs, as well of the Suit as of his Application to the Court in that Behalf, may be found reasonable. Plaintiff shall Sum for which III. And be it further enacted by the Authority aforesaid, That Wherever in all Actions to be brought in England or Ireland, from and after the said First Day of June, in the said Year of our Lord One thousand eight hundred and three, wherein the Defendant or Defendants shall be arrested and held to Special Bail, and wherein the Plaintiff or Plaintiffs shall not recover the Amount of the Sum for which the Defendant or Defendants in such Action shall have been so arrested and held to Special Bail, such Defendant or Defendants shall be entitled to Costs of Suit, to be taxed according to the Custom of the Court in which such Action shall have been brought; provided that it shall be made appear to the Satisfaction of Court, of the Court in which such Action is brought, upon Motion to be C. P. made in Court for that Purpose, and upon hearing the Parties by cols in a'cause Affidavit, that the Plaintiff or Plaintiffs in such Action had not any reasonable or probable Cause for causing the Defendant or De refused the Palace fourt fendants to be arrested and held to Special Bail in such Amount Bing: 47h Jar must be mated larger. b Bing:281. 527 need not bemaling 10. B. 06.117. as aforesaid, and provided such Court shall thereupon, by a Rule IV. And be it further enacted by the Authority aforesaid, That in all Actions which shall be brought in England or Ireland, from and after the said First Day of June, in the said Year of our Lord One thousand eight hundred and three, upon any Judgment re covered, In Actions on Plaintiffs not 120. Costs, unless by Poundage and On Mesne Process, after Return thereof, Defendants in Custody may, in Vacation, justify Bail be fore One Justice. See Cap. 89. fox. Scotland, and c.142. for Ireland.] 33 G.3. c.8. covered, or which shall be recovered, in any Court in England or Ireland, the Plaintiff or Plaintiffs in such Action on the Judgment, shall not recover or be entitled to any Costs of Suit, unless the Court in which such Action on the Judgment shall be brought, or some Judge of the same Court, shall otherwise order. V. And be it further enacted by the Authority aforesaid, That from and after the said First Day of June, in the said Year of our Lord One thousand eight hundred and three, in every Action in which the Plaintiff or Plaintiffs shall be entitled to levy under an Execution against the Goods of any Defendant, such Plaintiff or Plaintiffs may also levy the Poundage Fees and Expences of the Execution over and above the Sum recovered by the Judgment. VI. And be it further enacted, That from and after the said First Day of June, One thousand eight hundred and three, if any Defendant shall be taken, detained or charged in Custody at the Suit of any Person or Persons upon Mesne Process issuing out of any of His Majesty's Courts of Records at Westminster or Dublin, and shall be imprisoned or detained thereon, after the Return of such Process, it shall and may be lawful for such Defendant in Vacation Time only, and upon due Notice thereof given to the Attorney for the Plaintiff or Plaintiffs in such Process, to put in and justify Bail before any one of the Justices or Barons of the Court out of which such Process shall have issued, who may, if he shall think fit, thereupon order a Rule to issue for the Allowance of such Bail, and may further order such Defendant to be discharged out of Custody by Writ of Supersedeas, or otherwise, according to the Practice of such Court, in like Manner as the same is and may be done by an Order of Court in Term Time. [Provisions of this Act extended by 51 G. 3. c. 124., which is continued until 1st of November 1823, by 57 G. 3. c. 101.] CA P. XLVII. An Act for consolidating and amending the several Laws for providing Relief for the Families of Militia Men of England when called out into actual Service. [27th May 1803.] WHEREAS it is expedient that many of the Provisions contained in several Acts relating to the Relief directed to be given to the Noncommissioned Officers, Drummers, Fifers and Privates, serving in the Militia for England, should be repealed, and others of them continued and amended, and that new Provisions should be made; and it would greatly tend to the better Execution thereof, if the whole of the said Provisions were comprized in One Act of Parliament: And Whereas it is necessary for the Purposes aforesaid, that certain Acts and Parts of Acts now in force should be repealed;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, an Act passed in the Thirty third Year of the Reign of His present Majesty, (intituled An Act to provide for the Families of Persons chosen by Lot to serve in the Militia of this Kingdom, and of Sub stitutes stitutes serving therein; and to explain and amend an Act of Parliament, passed in the Twenty sixth Year of His present Majesty, intituled, An Act for amending and reducing into One Act of Parliament, the Laws relating to the Militia in that Part of 'Great Britain called England); and also an Act, passed in the Thirty fourth Year of the Reign of His present Majesty, (intituled 34 G.3. c.47. An Act to amend an Act, passed in the last Session of Parliament, intituled An Act to provide for the Families of Persons chosen by Lot to serve in the Militia of this Kingdom, and of Substitutes serving therein; and to explain and amend an Act of Parliament, passed in the Twenty sixth Year of His present Majesty, intituled "An Act for amending and reducing into One Act of Parliament, the Laws relating to the Militia in that Part of “ Great Britain called England; and also an Act, made in this present Session of Parliament, intituled An Act for augmenting as to Reimbursements and the Militia'); and also an Act, passed in the Thirty fifth Year 35 G.3. c.81. of the Reign of His present Majesty, (intituled An Act to appor- and tion the Relief by the several Statutes now in force directed to be given to the Families of Noncommissioned Officers, Drummers, Fifers and Privates serving in the Militia, between the County at large and the peculiar Districts therein, not contributing to the County Rate, according to the Number of Men serving for each in such Militia; and to remove certain Difficulties in respect to the Relief of Families of Substitutes, hired Men or Volunteers serving in the Militia); and also an Act, passed in the Thirty sixth Year 36 G.3. c.114. of the Reign of His present Majesty, (intituled An Act to explain repealed, except and amend an Act, passed in the Thirty third Year of His present Majesty's Reign, intituled An Act to provide for the Families of Accounts. • Persons chosen by Lot to serve in the Militia of this Kingdom, and of Substitutes serving therein; and to explain and amend an Act of Parliament, passed in the Twenty sixth Year of His present Majesty, intituled An Act for amending and reducing into One "Act of Parliament, the Laws relating to the Militia in that "Part of Great Britain called England"); shall be and the same are hereby repealed; save and except as to all Cases relating to the Repayment or Reimbursement of any Sum or Sums of Money heretofore advanced or paid under any or either of the said Acts; and to the allowing, accounting for, or recovering of any such Sum or Sums of Money, or any Arrears thereof, which may remain not repaid, reimbursed, allowed, accounted for or recovered; or to any Fines, Penalties or Forfeitures relating thereto respectively. II. And be it further enacted, That if any Person serving or enrolled in the Militia of England, as a Noncommissioned Officer or Drummer, or as a ballotted Man or Substitute, hired Man or Volunteer respectively, shall, when embodied and called out into actual Service, leave a Family unable to support themselves, the Overseer or Overseers of the Poor of the Parish, Tything or Township where the Family of such Person shall dwell, shall, by Order of some one Justice of the Peace, pay to the Family of every such Noncommissioned Officer, Drummer, ballotted Man, Substitute, hired Man or Volunteer respectively, out of the Rates for the Relief of the Poor of such Parish, Tything or Township, a weekly Allowance, according to the usual and ordinary Price of Labour |