No. XI. 2&3 Phil. & M. c. 18. A Commission of the Peace and Gaol-delivery shall not be a Supersedeas to a former like Commission granted to a City or Town ?. 9 George I. c. 7. Justices dwelling out of a County may grant Warrants, &c. 'themselves, as also unto divers other worshipful and learned men dwell ing out of the same cities and towns corporate, as well for the keeping: of their peace good ordering of their people and executing of their laws and statutes within the same cities and towns corporate as also for the delivery of their Majesties prisoners remaining in the gaols there; and ' after the granting of such commissions their Majesties have granted divers other like commissions unto certain worshipful and learned men of the shires lathes rapes ridings and wapentakes of this realm of England for the conservation of their peace and also delivering of their prisoners remaining in their gaols within the same shires lathes rapesridings and wapentakes; (2) which commissions so bearing a later day have been a supersedeas and clear discharge unto all and singular the 'said former commissions granted unto the said cities and towns corpo rate not being counties in themselves; (3) so that the said mayor and other grave and chiefest officers of every such city and town corporate have been charged to sue for the renewing again of such commissions both for the peace and gaol delivery, to the great expences costs and 'charges of the said mayor and other the inhabitants of such cities and towns corporate and to the great protracting and delay of justice therein ' in the mean time: For reformation whereof and for the better advance'ment of justice in the premises;' II. Be it therefore enacted by the King and Queen's Majesties, the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by the authority of the same, That all and singular commission and commissions granted or to be granted to any such city or town corporate not being as is aforesaid a county in itself for the keeping of their peace and delivery of their prisoners remaining in the gaols of any such city or town corporate not being a county in itself, shall stand remain and be good and available and effectual in the law to all intents constructions and purposes; the granting of any like commission of peace or gaol delivery to any commissioner or commissioners for the conserva tion of the peace or delivery of the prisoners remaining in the gaol of any shire lathe rape riding or wapentake within this realm of England, bearing date after the said commission or commissions granted as is aforesaid to any such city or town corporate not being as is aforesaid a county in itself to the contrary notwithstanding. [No. XII. ] 9 George I. c. 7.-An Act for amending the Laws relating to the Settlement, Employment, and Relief of the Poor. (1.) III. AND for the greater ease of justices of the peace whom his Majesty or his successors hath or shall by commission authorize toact as a justice of the peace for any county of this realm, Be it enacted by the autho rity aforesaid, That if any such justice of the peace shall happen to dwell in any city or other precinct that is a county of itself situate within the county at large for which he shall be appointed justice of peace although not within the same county, it shall and may be lawful for any such justice of peace to grant warrants take examinations and make orders for any matters which any one or more justice or justices of the peace may act in, at his own dwelling-house, although such dwelling-house be out of the county where he is authorized to act as a justice of peace, and in some city or other precinct adjoining that is a county of itself; and that all suchwarrants orders and other act or acts of any justice of peace and the act or acts of any constable tithingman headborough overseer of the poor surveyor of the highways or other officer in obedience to any such warrant or order, shall be as valid good and effectual in the law although it, happen to be out of the limits of the proper precinct or authority: Provided always, That nothing in this Act contained shall extend to give (1.) This Act at length in Vol. 84 power to the justices of peace for the counties at large to hold their general quarter sessions of the peace in the cities or towns which are counties of themselves, nor to empower justices of peace sheriffs bailiffs constables headboroughs tithingmen borsholders or any other peace officers of the counties at large to act or intermeddle in any matters or things arising within cities or towns which are counties of themselves, but that all such actings and doings shall be of the same force and effect in law and none other as if this Act had never been made. [ No. XIII. ] 5 George II. c. 18.-An Act for the further Qualification of Justices of the Peace. No. XII. 9. Geo. I. c. 7. 5 George: II. c. 18. WHEREAS the constituting persons of mean estates to be justices of the peace may be highly prejudicial to the publick welfare;' Be it therefore enacted by the King's most excellent Majesty, by and with Amended by the advice and consent of the Lords Spiritual and Temporal and Com- 18 Geo. 2. mons in this present Parliament assembled, and by the authority of e. 20. the same, That from and after the twenty-fifth day of March one No Persons to thousand seven hundred and thirty-three no person shall be capable of be Justices who being a justice of the peace or to act as a justice of the peace for any have not 100% county within that part of Great Britain called England or the princi- a year clear of pality of Wales who shall not have an estate of freehold or copyhold to Incumbrances. 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. II. And be it further enacted by the authority aforesaid, That no Attornies, Soattorney solicitor or proctor in any court whatsoever shall from and after licitors and the said twenty-fifth day of March one thousand seven hundred and Proctors incathirty-three be capable to continue or be a justice of the peace within any pacitated. 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 prac tice of an attorney solicitor or proctor. III. And be it further enacted by the authority aforesaid, That if any Persons acting person who shall not be qualified according to the directions of this Act as Justices not shall after the said twenty-fifth day of March one thousand seven hun- so qualified, to dred and thirty-three accept or take upon himself the office of a justice of forfeit 100%. the peace or shall do any act as such, the person so offending shall for every such offence forfeit and pay the sum of one hundred pounds; 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 essoign protection wager of law or more than one imparlance shall be allowed. IV. Provided always, That this Act or any thing herein contained shall Not to extend not extend or be construed to extend to any city or town being a county to Cities of itself or to any other city town cinque port or liberty having justices of which are the peace within their respective limits and precincts by charter commis- Counties, or sion or otherwise; but that in every such city town liberty and place other Places such persons may be capable to be justices of the peace and in such having Justices manner only as they might have been if this Act had never been made; by Charter, any thing herein-before contained to the contrary thereof in anywise notwithstanding, V. Provided always, That nothing in this Act contained shall extend nor to the to incapacitate any peer or lord of Parliament or the eldest son or heir eldest Sons of Peers, or of apparent of any peer or lord of Parliament or of any person qualified to serve as knight of a shire by an Act, intituled "An Act to secure the Freedom Knights of Shires, 9 Ann, of Parliaments by the further qualifying Members to sit in the House of Commons," to be a justice of the peace for any county or to act as No. XIII. 5 Geo. II. c. 18. nor to the such; any thing herein contained to the contrary thereof in anywise notwithstanding. VI. Provided also, That nothing in this Act contained shall extend or be construed to extend to incapacitate or exclude the officers of the Board of Green Cloth from being justices of the peace within the verge of his Majesty's palaces or to incapacitate or exclude the commissioners Board of Green and principal officers of the navy or the two under secretaries in each Cloth, or prin- of the offices of principal secretary of state from being justices of the cipal Officers of peace in and for such maritime counties and places where they usually the Navy, have been justices of the peace: any thing herein contained to the contrary in anywise notwithstanding. nor to Heads of VII. Provided always, That this Act nor any thing herein contained Colleges in shall extend or be construed to extend to any of the heads of colleges either Univer- or halls in either of the two universities of Oxford and Cambridge, but sity. that they may be made justices of the peace of and in the several coun7 Geo. 2. c. 10. ties of Oxford Berks and Cambridge and the cities and towns within the §3. same and execute the office thereof as fully and freely in all respects as heretofore they have lawfully used to execute the same as if this Act had never been made; any thing herein-before contained to the contrary notwithstanding. 6 [No. XIV. ] 16 George II. c. 18.-An Act to empower Justices of the Peace to act in certain Cases relating to Parishes and Places, to the Rates and Taxes of which they are rated or chargeable. WHEREAS doubts have arisen whether according to the laws and statutes now in force his Majesty's Justices of the Peace may lawfully act in any case relating to the parishes or places to the rates and taxes of which such justices respectively are rated or chargeable:' 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 it shall and may be lawful to and for all and every justice or justices of the peace for any county riding city liberty franchise borough or town corporate within their respective jurisdictions to make do and execute all and every act or acts matter or matters thing or things appertaining to their office as justice or justices of the peace so far as the same relates to the laws for the relief maintenance and settlement of poor persons; for passing and punishing vagrants; for repair of the highways; or to any other laws concerning parochial taxes levies or rates; notwithstanding any such justice or justices of the peace is or are rated to or chargeable with the taxes levies or rates within any such parish township or place affected by any such act or acts of such justice or justices as aforesaid. II. And be it further enacted by the authority aforesaid, That no act or acts matter or matters thing or things which hath or have been before the making this Act done made or executed by any such justice or justices of the peace shall hereafter be quashed or declared void because the same hath or have been so made done or executed by any such justice or justices so rated or chargeable as aforesaid; any law usage or custom whatsoever to the contrary notwithstanding. III. Provided always and be it further enacted by the authority aforesaid, That this Act or any thing therein contained shall not authorise or empower any justice or justices of the peace for any county or riding at large to act in the determination of any appeal to the quarter sessions for any such county or riding from any order matter or thing relating to any such parish township or place where such justice or justices of the peace is or are so charged taxed or chargeable as aforesaid; any thing herein contained to the contrary in anywise notwithstanding. No. XV. 18 Geo. II. c. 20. c. 20. sessed of 1001. [ No. XV. ] 18 George II. c. 20.-An Act to amend and render more effectual an Act passed in the Fifth Year of his present Majesty's Reign, intituled, " An Act for the further Qualification of Justices of the Peace." WHEREAS by many Acts of Parliament of late years made, the 18 George II. 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 persons of mean estate acting as such: And whereas the laws now in force are not sufficient for that purpose.;' 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 No Person to from and after the twenty-fifth day of March which shall be in the year he a Justice of of our Lord one thousand seven hundred and forty-six no person shall Peace not posbe capable of being a justice of the peace or of acting as such for any County riding or division within that part of Great Britain called England per Annum. or the principality of Wales who shall not have either in law or equity to and for his own use and benefit in possession a freehold copyhold or customary estate for life or for some 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 one hundred pounds 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; or who shall not be or not entitled seised of or entitled unto in law or equity to and for his own use and be- to Reversion of nefit the immediate reversion or remainder of and in lands tenements or 3004. per Auhereditaments 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 yearly value of three hundred pounds; and who shall not before the said and who shall twenty-fifth day of March or before he takes upon himself to act as a not take and justice of peace after the said twenty-fifth day of March at some general subscribe the or quarter sessions for the county riding or division for which he does following Oath. or shall intend to act, first take and subscribe the oath following, videlicet; I 4. B. do swear, That I truly and bona fide have such an 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 tythe office benefice or what else) as doth qualify me to act as a Justice of the Peace for the county riding or division of according to the true intent and meaning of an Act of Parliament made in the eighteenth year of the reign of his Majesty King George the Second, intituled "An Act to amend and render more effectual an Act passed in the Fifth Year of his present Majesty's Reign, intituled An Act for the further Qualification of Justices of the Peace;" and that the same (except where it consists of an office benefice or ecclesiastical preferment which it shall be sufficient to ascertain by their known and usual names) is lying or being, or issuing out of lands tenements or hereditaments being within the parish township or precinct of or in the several parishes townships or precincts of in the county ‹ of (as the case may be.)' or in the several counties of num, Amended by 19 Geo. 2, c. 13,' Oath. Which oath so taken and subscribed as aforesaid shall be kept by the Oath to be reclerk of the peace of the said county riding or division for the time corded. being among the records of the sessions for the said county riding or division. II. And be it further enacted by the authority aforesaid, That every Copy of Oath such clerk of the peace shall upon demand for that purpose made forth- to be given for 28. No. XV. 18 Geo. II. c. 20. and admitted in Evidence. Penalty of 1002. Proof of Qualification on the Defendant. Defendant to tice. men Lands not me tioned not to be allowed. with 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 action suit or information to be brought upon this Act. III. And be it further enacted by the authority aforesaid, That from and after the said twenty-fifth day of March 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, shall for every such offence forfeit the sum of one hundred pounds; 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 essoign 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. IV. Provided always and be it further enacted by the authority aforesaid, That if the defendant in any such action suit or information shall intend to insist upon any lands tenements or hereditaments not contained in such oath as aforesaid as his qualification to actas a justice of peace in part or in the whole at the time of the supposed 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 nanies) 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. V. Provided also and it is hereby further enacted by the authority aforesaid, That upon the trial of the issue in any action suit or information to be brought as aforesaid, no lands tenements or hereditments 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. Lands men- VI. And be it further enacted and declared by the authority aforesaid, tioned, how far Where the lands tenements or hereditaments contained in the said oath chargeable with or notice are together with other lands tenements and hereditaments Incumbrances. belonging to the person taking such oath or delivering such notice liable to any charges rents or incumbrances, that within the true intent and meaning and for the purposes of this Act the lands tenements and hereditaments contained in the said oath or notice shall be deemed and 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. Qualification by Rent only. Treble Costs. VII. Provided always, That where the qualification required by 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 tenements or heredilaments out of which such rent is issuing as shall be of sufficient value to answer such rent. VIII. Provided always and be it enacted by the authority aforesaid, That in case the plaintiff or informer in any such action suit or information shall discontinue the same otherwise than as aforesaid or be nonsuit or judgment be oherwise given against him, that then and in any of the said cases the person against whom such action shall have been brought shall recover treble costs. |