c. 13. No. XIX. part of Great Britain called England or the principality of Wales, who 'should not have either in law or equity to and for his own use and be1 Geo. III.nefit in possession a freehold copyhold or customary estate for life or 'for some greater estate, or an estate for some long term of years deter'minable 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 I principality of Wales of the clear yearly value of one hundred pounds over and above what should 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, or who should not be seised of or intitled 'unto in law or equity to and for his own use and benefit the immediate ❝ reversion or remainder of and in lands tenements or hereditaments lying 'or being as aforesaid, which were 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 were of the clear yearly value of three hundred pounds; and who should not before he takes upon himself to act as a justice of peace after the said twenty-fifth day of March at some general or quarter sessions for the county riding or division for which he did or should intend to act first take and subscribe the oath in the said Act mentioned; which oath so taken and subscribed as aforesaid should be kept by the clerk of the peace for the said county riding or division for the time being among the records of the sessions for the 'said county riding or division: And it was by the said Act further ' enacted, That from and after the said twenty-fifth day of March any person who should 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 the said Act should for every such offence forfeit the sum of one hundred pounds, to be recovered with full costs of suit and applied in the manner in the said Act mentioned: And whereas doubts have arisen whether persons who were justices of the peace at the time of the demise of his said late Majesty King George the Second and who have been or shall be constituted justices of the peace by or under any 'commission of the peace granted or which shall be granted by his pre'sent Majesty can act as justices of the peace and open and hold any general or quarter sessions of the peace before they shall have taken and subscribed the said oath in manner and at the place as by the said in part recited Act is directed and required, for want of which there may be a failure of the due execution of the laws of this realm:' Now for clearing such doubts and preventing any inconveniences that may arise; 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 all persons who were justices of the peace at the time of the deJustices at the mise of his said late Majesty King George the Second, or who shall be Demise of the justices of the peace at the time of the demise of his present Majesty or late King, or any of his successors Kings or Queens of this realm, and shall afterwards shall be such at be appointed justices of the peace by any commission granted or which the Demise of shall be granted by his said present Majesty, or which after his demise his present Ma- shall be granted by any of his successors Kings or Queens of this realm, jesty, &c. and and who shall take the oaths of office of a justice of the peace for any being aftercounty city and county town and county riding or division before the clerk wards in the of the peace of the respective county city and county town and county riding or division for which any such justice or justices of the peace shall act or intend to act, or the deputy of such respective clerk of the peace, and who shall have taken and subscribed at some general or quarter sesof Office before the Clerk of sion of the peace the said oath by the said herein-before in part recited the Peace; Act of the eighteenth year of his said late Majesty's reign directed and and those who required to be there taken and subscribed, shall and may act as a justice shall have taken and subscribed at the Quarter Sessions the Oath required by the recited Act of 18 G. 2. may act as Justice, without taking and subscribing again the Oath aforesaid. All who were Commission of the Peace, shall take the Oaths No. XIX. c. 13. of the peace for such county city and county town and county riding or division without being obliged to take and subscribe again the said oath without incurring any penalty or forfeiture for the not taking and sub- 1 Geo. III. scribing thereof; the said herein-before in part recited Act or any other statute law or usage to the contrary thereof in any wise notwithstanding: And that all acts matters and things done or to be done by all and every such justice and justices or by authority derived or to be derived from him or them are and shall be deemed and taken to all intents and purposes to be of the same force effect and validity to all intents and purposes as the same respectively would have been if such person or persons had taken and subscribed such oath by the said herein-before in part recited Act required to be taken and subscribed at some general or quarter session for such county city and county town and county riding or division for which he or they did or should act or intend to act. II. And be it further enacted by the authority aforesaid, That from Such as have and after the passing of this Act no person who hath already taken or once taken the shall hereafter take the oaths usually taken by a justice of the peace un- usual Oaths under a writ or commission of Dedimus Potestatem, issued or which shall der a Writ of be issued from the clerk of the Crown, shall be obliged or compellable to Dedimus Potessue out or have any other Dedimus Potestatem from the said clerk of the tatem are exCrown to authorise any person or persons therein to be named to admi-empted from suing out annister again to any such justice on any new commission of the peace other Writ for being issued under the great seal of Great Britain for any county city administering and county town and county riding or division in England or Wales again the said the oaths usually annexed to such Dedimus and taken by a justice of the Oaths to them peace; but that the clerk of the peace or his deputy of every county city as Justices; and county town and county riding or division in England and Wales for but upon every which any such justice of the peace hath already acted and qualified or new Commishereafter before the issuing any such new commission of the peace shall sion a Roll, act and qualify himself as before-mentioned shall on every such new with the Oath commission of the peace being issued prepare a parchment roll with the annexed, is to oaths annexed to and usually taken under the said writ or commission of be prepared, Dedimus Potestatem by justices of the peace ingrossed on such roll, and which all Jusshall administer without fee or reward the oaths in such roll specified to every such justice of the peace within the respective counties cities and selves, are to counties towns and counties ridings or divisions for which he shall resubscribe; and spectively act or intend to act and who shall desire to take such oaths; the said Rollsand that every such justice of the peace after the taking the oaths con- are to be pretained in the said roll shall subscribe his name on the said parchment served amongst roll; and the said roll with the oaths so taken and subscribed shall be the Records of kept by the respective clerks of the peace of the respective counties cities the Sessions. and counties towns and counties ridings and divisions in England and Wales for the time being amongst the records of the sessions for the said respective counties cities and counties towns and counties ridings and divisions. [No. XX. ] 7 George III. c. 9.-An Act for obviating Doubts which have arisen with respect to so much of an Act made in the First Year of the Reign of his present Majesty, intituled (An Act to amend an Act passed in the Eighteenth Year of the Reign of King George the Second, concerning the Qualification of Justices of the Peace, and for other Purposes therein mentioned,) as directs the taking of certain Oaths by Justices of the Peace, on the issuing of any new Commission of the Peace. tices, as they qualify them c. 9. WHEREAS doubts have arisen with respect to the construction of so 7 George III. No. XX. 7 Geo. III. c. 9. Justices not obliged to take and subscribe the Oaths more than once during, &c. c. 21. Preamble. tion of Justices of the Peace and for other Purposes therein mentioned) 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 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 all persons 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 take and subscribe the oaths mentioned in the said Act made in 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. [ No. XX. a.] 7 George III. c. 21.-An Act to obviate Inconveniences which may arise with respect to the Execution of several Acts of Parliament in such Cities, Boroughs, Towns Corporate, Franchises, and Liberties, as have only One Justice of the Peace of the Quorum qualified to act within the same. 7 George III. WHEREAS authority is given by divers Acts of Parliament to two or more justices of the peace, whereof one or more are to be of the quorum: And whereas many inconveniences have arisen in such cities boroughs towns corporate franchises and liberties as have only one justice of the peace of the quorum qualified to act within the same: 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 present Act all acts orders adjudications warrants indentures of apprenticeship or other instruments which shall be made done or executed by virtue of any Act or Acts of Parliament made or to be made by two or more justices of the peace qualified to act within such cities boroughs towns corporate franchises and liberties, though neither of the said justices are of the quorum, shall be valid and effectual in law to all intents and purposes as if one of the said justices had been of the quorum; any law statute or usage to the contrary notwithstanding. Two or more Justices, though not of the Quorum, empower ed to carry cer tain Acts into Execution. [ No. XX. b. ]. 15 George III. c. 39.—An Act to empower Justices of the Peace to administer Oaths where any Penalty is to be levied, or Distress to be made, in pursuance of any Act of Parliament, wherein the same is not expressly directed. 15 George III. WHEREAS it is frequently necessary for justices of the peace to ad c. 39. Preamble. minister oaths or affirmations where penalties are to be levied or distresses to be made in pursuance of Acts of Parliament, which they have no power to administer unless authorised so to do by such Acts respectively; May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and No. XX. b. with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of 15 Geo. III. the same, That in all cases where any penalty is directed to be levied or distress to be made by any Act of Parliament now in force or hereafter c. 39. to be made, it shall and may be lawful for any justice or justices acting In all Cases under the authority of such Acts respectively, and he and they is and are where Penalhereby authorised and empowered to administer an oath or oaths affirmation or affirmations to any person or persons for the purpose of levy- directed to be ties, &c. are ing such penalties or making such distresses respectively." levied under Acts, Justices are empowered to administer Oaths, &c. for levying such Penalties, &c. [ No. XXI. ] 28 George III. c. 49.-An Act to enable Justices of the Peace to act as such, in certain Cases, out of the Limits of the Counties in which they actually are. WHEREAS the administration of justice is frequently obstructed for 28 George III. want of resident justices of the peace, and might be much furthered ties. c. 49. in case the justices acting for two or more adjoining counties are ena- Preamble. bled to act for the same, if personally present in either of those in which they act;' For remedy whereof in future, May it 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 Justices may this Act it shall and may be lawful for any justice or justices of the act for two adpeace acting as such for any two or more counties being adjoining coun- joining Counties to act as a justice or justices of the peace in all matters and things whatsoever, concerning or in any wise relating to any or either of the said counties, and that all act and acts of such justice or justices of the peace and the act and acts of any constable or other officer in obedience thereto shall be as valid good and effectual in the law to all intents and purposes whatsoever as if such act or acts of the said justice or justices had been done in the county or counties to which such act or acts more particularly relate; and all constables and other officers of the said county or counties to which such act or acts relate are hereby authorised and required to obey the warrants orders directions act and acts of such justice or justices so granted given and done, and to do and perform their several offices and duties under the pains and penalties to which any constable or other officer may be liable for a neglect of duty: Provided always, That such justice or justices be personally resident in one of the either at the if they reside in said counties at the time of doing such act or acts: Provided also, That Time of acting. the warrants orders or directions so to be given and granted, be directed and given in the first instance to the constable or other officer of the county to which the same more particularly relate. II. And be it further enacted by the authority aforesaid, That from Constables, &c. and after the passing of this Act it shall and may be lawful for any con- may carry Ofstable tythingman headborough or other peace officer, or any other per- fenders before son or persons apprehending or taking into custody any person or persons Justices acting offending against law, and whom they lawfully may and ought to appre- for the County, hend and take into custody by virtue of his or their office or offices or and resident in otherwise howsoever, to convey and take the person or persons so appre- the adjacent hended or taken into custody as aforesaid to any justice or justices of the County, &c. peace acting for the said county and resident in such adjoining county as aforesaid; and the said constables tythingmen headboroughs and other peace officers and all and every other person or persons are hereby authorised empowered and required in all such cases so to act in all things as if the said justice or justices of the peace was or were resident within the said county to which they respectively belong; and all and every person or persons obstructing or hindering the said constables tything No. XXI. 28 Geo. III. c. 49. mitted. men headboroughs or other peace officers in the execution of their respective offices in the said county or counties adjoining as aforesaid shall be and are hereby made liable to the same pains and penalties for such obstruction and hindrance of the said officers in the execution of their respective offices as if the same bad been committed in the county for which the said constables tythingmen headboroughs or other peace officers were appointed to act. Sheriffs, &c. III. And be it further enacted by the authority aforesaid, That fronr may convey Of- and after the passing of this Act it shall and may be lawful for any fenders through sheriff or other person or persons deputed by him or acting under his adjoining Coun- authority, constable headborough tythingman or other peace officer, or ties to the Gaol any other person or persons lawfully taking into or having in his or their of the County custody respectively any person or persons offending against law and where the Of whom he or they may or might lawfully convey to gaol or any place of fence was com- safe custody, to convey or take the said person or persons so in custody as aforesaid into and through any part or parts of the said county or counties so adjoining in their way to such gaol or place of safe custody within the county wherein such offence was done or committed; and all and every person or persons escaping from such custody as aforesaid, or aiding or assisting such escape or escapes, or rescuing such person or persons so in custody as aforesaid, shall be subject to the like pains and penalties for such escape or escapes, and for such aid and assistance so given as aforesaid, and for such rescue and rescues, as if the said escape or escapes had happened or such aid and assistance had been given or such rescue or rescues made in the county wherein such offence was done or committed. 9 Geo. 1. c. 7. Justices for Counties at large may act as such within any City being a County of itself, situate therein or ad joining to such County; but are not to act in Matters arising within such City, if they are not also Justices for the same. IV. And whereas by an Act passed in the ninth year of the reign of King George the First, intituled, "An Act for amending the Laws relating to the Settlement Employment and Relief of the Poor," provision is made for enabling justices of the peace dwelling in any city or other precinct, being a county of itself situate within a county at large, to act as such justices for the county at large at certain places within such city town or other precinct: And whereas such provisions have been found beneficial to the public, but doubts have arisen with respect to the construction of the said Act in certain cases; For the removing whereof' Be it enacted, That from and after the passing of this Act it shall and may be lawful for any justice or justices of the peace acting for any county at large to act as such at any place within any city town or other precinct, being a county of itself and situate within surrounded by or adjoining to any such county at large; and that all and every such act and acts matters and things done by such justice or justices of the peace for the said county at large within such city town or other precinct shall be as valid and effectual in the law as if the same had been done within the said county at large to all intents and purposes whatsoever: Provided always, That nothing in this Act contained shall extend to give power to the justices of the peace for any county at large not being justices for such city town or other precinct, or any constable or other officer acting under them, to act or intermeddle in any matters or things arising within any such city town or precinct in any manner whatsoever. [ No. XXII. ] 33 George III. c. 55.-An Act to authorize Justices of the Peace to impose Fines upon Constables, Overseers, and other Peace or Parish Officers, for Neglect of Duty, and on Masters of Apprentices for ill Usage of such their Apprentices; and also to make Provision for the Execution of Warrants of Distress granted by Magistrates.-[21st June 1793.] [Inserted ante, title Apprentices.] |