had thereupon, and that the fame was done in pursuance, and by the authority, of fuch act: and if it fhall appear fo to have been done, the jury fhall find for the defendant or defendants; and if the plaintiff fhall be nonfuited, or discontinue his action after the defendant or defendants fhall have appeared; or if judgement fhall be given, upon any verdict or demurrer, against the plaintiff; the defendant or defendants fhall recover treble Treble cos. cofts, and have the like remedy for the fame as defendants have in other cafes by law.

CAP. LIII.

An alt for altering the oath of abjuration and the affurance; and for amending fo much of an act of the feventh year of ber late majesty Queen Anne, intituled, An act for the improvement of the union of the two kingdoms, as, after the time therein limited, requires the delivery of certain lifts and copies therein mentioned to perfons indicted of bigh treafon, or misprifion of treafon.

HEREAS by an act paffed in the first year of the reign of Preamble, reciting claufes in act 1 Gea, I.

W bis late majesty King George the Firft, intituled, An act

for the further fecurity of his Majefty's perfon and government, and the fucceffion of the crown in the heirs of the late princefs Sophia, being proteftants; and for extinguishing the hopes of the pretended prince of Wales, and his open and fecrét abettors; it is, amongst other things, enacted, That all and every perfon and perfons therein mentioned, within Great Britain, and the feveral iflands of Jersey and Guernsey, fhould take and fubfcribe the oath of abjuration therein mentioned; and all and every perfon and perfons therein mentioned within Scotland, should also fubfcribe the affurance therein mentioned; in the manner, at the times and places, and under the pains and penalties, in the faid act expreffed: and whereas by an act paffed in the fifth year of the reign and a& 5 Geo, of his faid late Majefty, intituled, An act for making more effec. 1. tual the laws appointing the oaths, for fecurity of the government, to be taken by the minifters and preachers in churches and meeting-houses in Scotland, it is enacted, That all and every perfon and perfons therein mentioned, in Scotland, Jhould fubfcribe the affurance in the above mentioned at contained, and alfo take and fubfcribe the oath of abjuration therein directed to be taken, in lieu of the oath of abjuration formerly required by law, in the manner, at the times and places, and under the penalties and disabilities, in the faid att provided: and whereas by the death of the person who pretended to be prince of Wales during the life of the late King James, and, fince his deceafe, pretended to be, and took upon himself the file and title of, King of England, by the name of James the Third, or of Scotland, by the name of James the Eighth, or the file and title of King of Great Britain, it is become necessary to make fome alteration in the oath of abjuration, and the affurance, contained in the faid alts above mentioned: be it therefore declared and From and afenacted by the King's moft excellent majefty, by and with the ter 4 June,

7

1766, the oath ad- of abjuration

recited acts,

required to be advice and confent of the lords fpiritual' and temporal, and taken by the commons, in this prefent parliament affembled, and by the to be admi- authority of the fame, That from and after the fourth day of niftered in the June, one thousand feven hundred and fixty fix, the oath of abfollowing juration in the said act above mentioned, be administered in fuch manner and form as is herein after set down and prescribed; (that is to say)

form.

The form.

And from and

I

A. B. do truly and fincerely acknowledge, profefs, teftify, and declare, in my confcience, before God and the world, That our Sovereign lord King George is lawful and rightful King of this realm, and all other his Majefty's dominions and countries thereunto belonging. And I do folemnly and fincerely declare, That I do believe, in my confcience, That not any of the defcendants of the perfon who pretended to be prince of Wales during the life of the late King James the Second, and, fince his deccafe, pretended to be, and took upon himself the file and title of, King of England, by the name of James the Third, or of Scotland, by the name of James the Eighth, or the file and title of King of Great Britain, bath any right or title whatsoever to the crown of this realm, or any other the dominions thereunto belonging: and I do renounce, refufe, and abjure, any allegiance or obedience to any of them. And I do fwear, That I will bear faith and true allegiance to his Majefty King George, and him will defend to the utmost of my power, against all traiterous confpiracies and attempts whatsoever, which fhall be made against his person, crown, or dignity. And I will do my utmost endeavour to difclofe and make known to bis Majefty, and his fucceffors, all treafons and traiterous confpiracies which I fhall know to be against him, or any of them. And I do faithfully premife, to the utmost of my power, to fupport, maintain, and defend, the fucceffion of the crown, against the defcendants of the faid James, and against all other perfons whatsoever, which fucceffion, by an act, intituled, An act for the further limitation of the crown, and better fecuring the rights and liberties of the fubject, is and ftands limited to the princefs Sophia, electores and dutchess dowager of Hanover, and the heirs of her body being proteftants. And all these things I do plainly and fincerely acknowledge and fwear, according to thefe express words by me fpoken, and according to the plain common fenfe and understanding of the fame words, without any equivocation, mental evafion, or fecret refervation whatsoever. And I do make this recognition, acknowledgement, abjuration, renunciation, and promife, heartily, willingly, and truly, upon the true faith of a chriflian.

after 24 June, And that from and after the twenty fourth day of June, one 1766, the af- thousand feven hundred and fixty fix, the affurance, in the furance in firft faid first-mentioned act contained, be adminiftered in fuch recited act, to Be administer- manner and form as is herein after fet down and prescribed; ed in the fol- that is to say, lowing form.

A. B. do, in the fincerity of my heart, affert, acknowledge, and declare, That bis Majefty King George is the only lawful

-and

and undoubted fovereign of this realm, as well de jure, that is, of right King, as de facto, that is, in the poffeffion and exercife of the government. And therefore I do promife and fwear, That I will with heart and hand, life and goods, maintain and defend his right, title, and government, against the defcendants of the perfon who pretended to be prince of Wales during the life of the late King James, and, fince his decease, pretended to be, and took upon himself the file and title of King of England, by the name of James the Third, or of Scotland, by the name of James the Eighth, or the file and title of King of Great Britain, and their adherents, and all other enemies who, either by open or fecret attempts, hall diflurb or difquiet his Majefty in the poffeffion and exercise thereof.

And that all and every perfon and perfons who are enjoyned The faid oath, and required to adminifter, take, or subscribe, the oath of abju- and affurance, ration, and the affurance, in the faid above mentioned acts to be adminiftered, taken, contained, fhall refpectively adminifter, take, and fubfcribe, the and fubfcrib. oath of abjuration, and fubfcribe the affurance, according to the ed, within the form herein fet down and prefcribed, in fuch courts, within time, and in fuch time limited, in fuch manner, and with due obfervance of the manner, &c. as by the the fame requifités, and with benefit of the fame favings, provi- recited acts foes, and indemnities, as by the faid acts above mentioned, or are directed, by any other acts, or any part of them, now fubfifting, are directed and enacted; and in case of neglect or refufal, he or they fhall be fubject and liable to the fame penalties and difabilities. as, by the laws and ftatutes aforefaid, are enacted.

From and af

taken in Ire

II. And be it further enacted by the authority aforefaid, That from and after the first day of Auguft, one thousand feven hun- ter 1 Auguft, dred and fixty fix, the fame oath of abjuration by this act ap- 1766, the fame pointed to be taken in Great Britain, fhall be the oath of abju- oath of abjuration to be taken in the kingdom of Ireland, and the rest of his ration to be Majesty's dominions, and no other; and that the benefit of the land, and indemnities given by the faid first mentioned act of the firft other his Mayear of the reign of his late majesty King George the Firft, fhall jefty's domicontinue and be in force, as to the faid kingdom of Ireland, in nions. like manner as if this act had never been made; any thing demnities herein contained to the contrary in any wife notwithstanding. granted by

Benefit of in

act of 1 Geo. 1. to be in force in Ireland.

7 Ann.

III. And whereas by an att paled in the feventh year of the reign of her late majesty Queen Anne, intituled, An act for im- Claufe in act proving the union of the two kingdoms, it is enacted, That from and after the deceafe of the perfon who pretended to be prince of Wales during the life of the late King James, and, fince his deceafe, pretended to be King of Great Britain, and at the end of the term of three years after the immediate fucceffion to the crown upon the demise of her faid late Majefty fhould take effect, when any perfon is indicted for high treafon, or misprifion of treason, a lift of the witnesses that fall be produced on the trial for proving the faid indictment, and of the jury, mentioning the names, profeffion, and place of abode, of the faid witnesses and jurors, be alfa given, at the fame time that the copy of the indictment is deliverVOL. XXVII.

off

U

ed,

ed, to the party indicted; and that copies of all indictments for the offences aforefaid, with fuch lifts, fhall be delivered to the party indicted ten days before the trial, and in prefence of two or more credible Recited act witnesses; be it further enacted by the authority aforefaid, That not to extend nothing contained in the faid recited act, fhall any ways extend to indictments to any indictment of high treafon for counterfeiting his Majefor counter fty's coin, the great feal or privy feal, his fign manual, or privy feiting the fignet, or to any indictment of high treason, or to any proceedings thereupon against any offender or offenders who, by any act or acts now in force, is and are to be indicted, arraigned, tried, and convicted, by fuch like evidence, and in fuch manner, as is ufed and allowed against offenders for counterfeiting his Majesty's coin.

coin, privy feal, privy fignet, or

other indictments of high treafon, &c.

Preamble.

CAP. LIV.

An act for putting the road from Clarges Street to Hyde Park Corner, and from the fouth end of Park Lane to the north fide of Hertford Street, in the parish of Saint George Hanover Square, in the county of Middlesex, now under the direction of the acts for repairing the roads in the parishes of Kensington, Chelsea, Fulham, and Saint George Hanover Square, in the county of Middlesex, under the management of the commiffioners for paving, cleanfing, and lighting, the fquares, freets, lanes, and other places in Westminster.

THEREAS by feveral acts of parliament made in the

W twelfth year of the reign of King Georlanine made in the

fourteenth year of the reign of his late majesty King George the Second, for repairing the roads in the parishes of Kenfington, Chelsea, and Fulham, and other parishes therein mentioned in the county of Middlefex; and for repairing fome other roads in the parish of Saint George Hanover Square, and the faid parishes of Kenfington and Chelfea; the roads leading from the end of Clarges Street to the present turnpike gate near Hyde Park Corner, and from the fouth end of Park Lane to the north fide of Hertford Street, in the faid parish of Saint George Hanover Square, are, amongst other roads therein defcribed, directed to be repaired: and whereas it would be of publick utility if the faid roads leading from the end of Clarges Street to the prefent turnpike-gate near Hyde Park Corner, and from the fouth end of Park Lane to the north fide of Hertford Street, were put under the direction and management of the commiffioners for putting in execution the several acts of parlia ment for paving, cleansing, and lighting, the squares, fireets, lanes, and other places, within the city and liberty of Westminster, the parishes of Saint Giles in the Fields, Saint George the Martyr, Saint George Bloomsbury, that part of the parish of Saint Andrew's Holbourn which lies in the county of Middlefex, the feveral Liberties of the Rolls and Savoy, and that part of the dutchy of Lancaster which lies in the county of Middlesex, and for preventing

annoyances therein, and for other purpojes in the faid acts mentioned and a proper annual allowance made for the fame to the faid commiffioners, out of the monies to arife by virtue of the faid acts of the twelfth year of the reign of King George the First, and the fourteenth year of the reign of his late majefly King George the Second, and of any future act or acts for repairing roads in the faid parishes of Kenfing ton, Chelfea, and Fulham: may it therefore please your Majefty, that it may be enacted; and be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That Act of Kenfington truft from and after the paffing of this act, fo much of the faid acts with refpect of the twelfth year of the reign of King George the First, and to the Clarges the fourteenth year of the reign of his late majefty King George Street road, the Second, as relates to repairing the faid roads leading from &c. repealed; the end of Clarges Street to the present turnpike-gate near Hyde Park Corner, and from the fouth end of Park Lane to the north fide of Hertford Street, in the faid parish of Saint George Hanover Square, fhall be, and the fame is hereby repealed.

commiffioners

II. And be it further enacted by the authority aforefaid, and the road That from and after the paffing of this act, the faid roads put under the leading from the end of Clarges Street to the prefent turnpike- for paving. gate near Hyde Park Corner, and from the fouth end of Park Lane to the north fide of Hertford Street, in the faid parish of Saint George Hanover Square, thall be under the care, management, and direction, of the faid commiffioners for paving, cleanfing, and lighting, the fquares, ftreets, lanes, and other places within the city and liberty of Westminster, and other places in the faid feveral acts mentioned.

to the com

III. And be it further enacted by the authority aforefaid, An annual That in order to enable the faid commiffioners effectually to fum to be paid pave, cleanfe, light, keep in repair, and regulate, the faid roads by the truftees leading from the end of Clarges Street to the prefent turnpike- miffioners. gate near Hyde Park Corner, and from the fouth end of Park Lane to the north fide of Hertford Street, in the said parish of Saint George Hanover Square, the trustees for the time being to the faid acts of the twelfth year of the reign of King George the First, and the fourteenth year of the reign of his late majefty King George the Second, and to any future act or acts of parliament for repairing the feveral roads in the parishes of Kenfington, Chelsea, and Fulham, in the county of Middlesex, by the faid acts directed to be repaired, or any five or more of them, fhall pay, or cause to be paid, yearly and every year, during the continuance of the faid acts of the twelfth year of the reign of King George the First, and the fourteenth year of the reign of his late majesty King George the Second, and of any future act or acts of parliament for repairing the fame roads in the parishes of Kenfington, Chelsea, and Fulham, to the faid commiflioners for putting in execution the feveral acts of parliament for paving, cleanfing, and lighting, the fquares, ftreets, lanes, and other places, in the faid acts mentioned, or any three or more of them, or to fuch perfon or perfons as fhall be by them authorized and

U 2

ap