Gambar halaman
PDF
ePub

No. XV.

18 Geo. II.

c. 20.

IX. Provided always and be it further enacted by the authority aforesaid, That only one penalty of one hundred pounds shall be recovered from the same person by virtue of this Act or of an Act made in the fifth year of the reign of his present Majesty, intituled," An Act for the further Qualification of Justices of the Peace," for the same or any other offence committed by the same person before the bringing of the action Only one Pesuit or information upon which one penalty of one hundred pounds shall nalty recoverhave been recovered and due notice given to the defendant of the com- able by this and mencement of such action suit or information; any thing in this or the 5 Geo. 2. c. 58. same Act to the contrary notwithstanding.

X. Provided always and be it enacted by the authority aforesaid, That No subsequent where an action suit or information shall be brought and due notice given Action to be for thereof as aforesaid, no proceedings shall be had upon any subsequent Offences prior action suit or information against the same person for any offence com- to the first Acmitted before the time of giving such notice as aforesaid; but the court tion and Notice.. 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.

XI. Provided always, That every action bill plaint or information given Limitation of by this or the said former Act shall be commenced within the space of six Actions. calendar months after the fact upon which the same is grounded shall

have been cominitted.

XII. Provided always, That this Act or any thing herein contained shall Places not not extend or be construed to extend to any city or town being a county within this Act. 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 prace, 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 anywise notwithstanding.

XIII. Provided always and be it enacted by the authority aforesaid, Persons exThat nothing in this Act or in an Act passed in the fifth year of his pre- cepted. sent Majesty's reign, intituled, "An Act for the further Qualification of Justices of the Peace," contained, shall extend to any Peer or Lord of Parliament or to the Lords or others of his Majesty's most honourable Privy Council, or to the Justices of either Bench, or to the Barons of the Court of Exchequer, or to his Majesty's Attorney or Solicitor General, or to the Justices of great sessions for the county palatine of Chester and the several counties of the principality of Wales within their respective jurisdictions, or to the eldest son or heir apparent of any Peer or Lord of Parliament, or of any person qualified to serve as a Knight of a Shire by an Act made in the ninth year of the reign of her late Majesty Queen Anne, intituled, "An Act to secure the Freedom of Parliaments, by the further qualifying Members to sit in the House of Commons;" any thing herein contained to the contrary thereof in anywise notwithstanding,

XIV. Provided also, That nothing in this Act or in the said Act of the Persons exfifth year of the reign of his present Majesty contained shall extend or be cepted. 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 and principal officers of the Navy, or the two under secretaries in each of the offices of Principal Secretary of State, or the secretary of Chelsea College, from being justices of the peace in or for such counties or places where they usually have been justices of the peace; any thing herein contained to the contrary in anywise notwithstanding.

XV. Provided always, That this Act or any thing herein contained Persons exshall not extend or be construed to extend to any of the heads of colleges cepted. or halls in either of the two Universities of Oxford or Cambridge or to

No. XV.

.18 Geo. II.

c. 20.

24 George II. c. 55.

23 Geo 2.

c. 26. § 11.

Person being out of the Jurisdiction of the

Justice, who shall grant a Warrant,

the Justice

where such Person shall be to

indorse the Warrant,

and the Offend

er to be apprehended and brought before a Justice where

the Warrant was indorsed.

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

the vice chancellor of either of the said universities or to the mayor of the city of Oxford or of the town of Cambridge, but that they may be and act as justices of the peace of and in the several counties of Oxford Berks and Cambridge and the cities and towns within the 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.

[ No. XVI. ] 24 George II. c. 55.—An Act for amending and making more effectual a Clause in an Act passed in the last Session of Parliament, for the apprehending of Persons in any County or Place upon Warrants granted by Justices of the Peace of any other County or Place.

WHEREAS by a clause in an Act made in the twenty-third year of his present Majesty's reign it is among other things therein enacter, That from and after the twenty-fourth day of June one thousand seven hundred and fifty, in case any person against whom a legal ' warrant shall be issued by any justice or justices of the peace for any county riding division city liberty town or place within this kingdom shall escape or go into any other county riding division city liberty 'town or place out of the jurisdiction of the justice or justices granting ⚫ such warrant as aforesaid, it shall and may be lawful for any justice of the peace of the county riding division city liberty town or place to which such person shall have gone or escaped to indorse such warrant upon application made to him for that purpose, and to cause the person against whom the same shall have been issued to be apprehended and sent to the justice or justices who granted such warrant, or to some other justice or justices of the county riding division city liberty town or place from whence such person shall have gone or escaped, to the end that he or she may be dealt with according to law: And whereas such offender or offenders may reside or be in some other county riding division city liberty town or place out of the jurisdiction of the justice or justices granting such warrant as aforesaid, before the granting such warrant and without escaping or going out of the county riding division city liberty town or place after such warrant granted ;* 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 twenty-fourth day of June one thousand seven hundred fifty-one, in case any person against whom a warrant shall be issued by any justice or justices of the peace of any county riding division city liberty town or place within this kingdom, shall escape go into reside or be in any other county riding division city liberty town or place out of the jurisdiction of the justice or justices granting such warrant as aforesaid, it shall and may be lawful for any justice or justices of the peace of the county riding division city liberty town or place where such person shall escape go into reside or be, and such justice or justices is and are hereby required upon proof being made upon oath of the hand writing of the justice or justices granting such warrant to indorse his or their name or names on such warrant, which shall be a sufficient authority to the person or persons bringing such warrant and to all other persons to whom such warrant was originally directed, to execute such warrant in such other county riding division city liberty town or place out of the jurisdiction of the justice or justices granting such warrant as aforesaid, and to apprehend and carry such offender or offenders before the justice who indorsed such warrant or some other justice or justices of such other county riding division city liberty town or place where such warrant was indorsed, in case the offence

person

over.

c. 55.

for which such offender shall be so apprehended in such other county No. XVI. riding division city liberty town or place as aforesaid shall be bailable in law, and such offender shall be willing and ready to give bail for his 24 Geo. III. appearance at the next assizes or general gaol delivery or next general quarter sessions of the peace to be held in and for the county riding division city liberty town or place where the offence was committed, such justice or justices of such other county riding division city liberty town or place before whom such offender or offenders shall be brought shall and may take bail of such offender or offenders for his or their appearance at the next assizes or general gaol delivery, or at the next general quarter sessions of the peace to be held in and for the county riding division city liberty town or place where such offence was committed, in the same manner as the justices of the peace of the proper county riding division city liberty town or place should or might have done in such and to deliver proper county riding division city liberty town or place; and the justice the Recognior justices of such other county riding division city liberty town or place zance, &c. to so taking bail as aforesaid shall deliver the recognisance together with the Constable, the examination or confession of such offender or offenders and all other to be delivered proceedings relating thereto to the constable tythingman or other or persons so apprehending such offender or offenders as aforesaid, who are hereby required to receive the same and to deliver over such recognisance examination and other proceedings to the clerk of assizes or clerk of the peace of the county riding division city liberty town or place where such offender or offenders is or are required to appear by virtue of such recognisance; and such recognisance examination or confession shall be as good and effectual in law to all intents and purposes and of the same force and validity as if the same had been entered into taken or acknowledged before a justice or justices of the peace in and for the proper county riding division city liberty town or place where the offence was committed, and the same proceedings shall be had thereon; Penalty on Conand in case such constable tythingman or other person to whom such stable not derecognisance examination confession or other proceedings shall be so livering over. delivered as aforesaid shall refuse or neglect to deliver over the same to the clerk of assizes or clerk of the peace of the county riding division city liberty town or place where such offender is required to appear by virtue of such recognisance, such constable tythingman or other person shall forfeit the sum of ten pounds, to be recovered against him by bill plaint or information in any of his Majesty's courts at Westminster, by any person or person who will prosecute or sue for the same; wherein no essoign protection or wager of law shall be allowed, or more than one imparlance; and in case the offence for which such offender or offenders shall be apprehended and taken in any other county riding division city liberty town or place shall not be bailable in law, or such offender or offenders shall not give bail for his appearance at the next assizes or general gaol delivery or next general quarter sessions of the peace to be held in and for the county riding division city liberty town or place where the offence was committed, to the satisfaction of the justice before whom such offender or offenders shall be brought in such other county riding division city liberty town or place; then and in that case the con- Constable to stable tythingman or other person or persons so apprehending such of- carry Offenders fender or offenders shall carry and convey such offender or offenders before some before one of his Majesty's justices of peace of the proper county riding Justice where division city liberty town or place where such offence was committed, Offence was there to be dealt with according to law.

If Offence he

not bailable,

committed.

II. And it is hereby enacted by the authority aforesaid, That no ac- Justice indorstion of trespass false imprisonment information or indictment or other ing the Waraction shall be brought sued conimenced or prosecuted by any person rant not liable or persons whatsoever against the justice or justices who shall indorse to Action. such warrant for or by reason of his or their indorsing such warrant.

III. Provided nevertheless, That such person or persons shall be at liberty to bring or prosecute his or their action or suit against the justice or justices who originally granted such warrant, in the same manVOL. VII.

2 I

No. XVL

24 Geo. II. c. 55.

Clause 23

Geo. 2. c. 26.

ner as such person or persons might have done in case this Act had not been made.

IV. And it is hereby further enacted, That the said clause in the said recited Act and every thing in the said clause contained shall from and after the said twenty-fourth day of June be repealed.*

§ 12. repealed. [No. XVII. ] 26 George II. c. 14.-An Act for the settling and ascertaining the Fees to be taken by Clerks to Justices of the Peace.

[ocr errors]

c. 14.

Justices to settle a Table of

Fees to be taken by their Clerks ;

26 George II. WHEREAS some doubts have arisen touching the fees due to clerks of justices of the peace: And whereas it would tend to the due execution of the laws and to the ease of the subject, that the fees to be taken by the said clerks should be ascertained;' 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 the justices of the peace throughout that part of Great Britain called England, at their respective general quarter sessions of the peace to be held next after the twenty-fourth day of June one thousand seven hundred and fifty-three, shall and they are hereby required to make and settle a table of the fees which shall be taken by clerks to justices of the peace within the county city or other division for which such respective general quarter sessions shall be held; and such respective tables of fees being approved by the justices of the peace at the next succceding general quarter sessions of the peace for such county city or other division, with such alterations as such justices of the peace so assembled shall think proper, shall be laid before the judges at the next assizes or at the great sessions for the principality of Wales and counties palatine of Chester Lancaster and Durham for the respective county city or other division; and the said judges are hereby authorised and required to ratify and confirm such respective tables of fees in such manner and form as the same shall be made settled and approved of by the said justices, or with such alterations additions or abatements as to such judges shall ap pear to be just and reasonable; and it shall and may be lawful for the said justices of the peace in their respective quarter sessions assembled from time to time to make any other table of fees to be taken instead of the fees contained in the table which shall have been ratified and con

to be ratified by the Judges of Assize.

Justices may make new Tables of Fees;

to be ratified in the same Man

net.

By 27 Geo. 2.

c. 16. the Table in Middlesex is to be ratified by Chief Justices,

&c.,

Penalty of 201. on Clerks taking other Fees.

firmed by the judges of assize; and after the same shall have been approved by the justices of the peace at the next succeeding general quarter sessions in manner as aforesaid, to lay such new table of fees before the judges at the next assizes or at the great sessions for the principality of Wales and counties palatine of Chester Lancaster and Durham, who are hereby empowered and authorised to approve and ratify the same in manner as aforesaid if they think fit; but no table of fees to be made and settled by the said respective justices of peace, shall be of any vali dity or effect whatsoever until the same shall be ratified and confirmed by the said judges.

II. And be it further enacted by the authority aforesaid, That if at any time after the space of three calendar months from the time that such table of fees shall be made and ratified as aforesaid. any clerk or clerks to any justice or justices of the peace or any person or persons acting as such shall, under pretence of any matter or thing done transacted or performed by such justice or justices in the execution of his or their office or offices, or done transacted or performed by such person or persons as clerk or clerks to such justice or justices, demand or receive any other or greater fee than shall have been ascertained ratified and confirmed in manner as aforesaid, such person shall for every such offence forfeit and pay twenty pounds to any person who shall sue for the same by action of debt bill plaint or information in any of his Majesty's courts of record at Westminster, wherein no essoign privilege protection wager of law or more than one imparlance shall be granted or allowed.

III. And be it further enacted by the authority aforesaid, That all the No. XVII. tables of fees which shall be made and settled and ratified and confirmed

from time to time as aforesaid shall be deposited with the clerk of the 26 Geo. II. peace for the respective county city or other division; and each of the c. 14. said clerks of the peace shall cause true and exact written or printed copies of the said tables to be placed and to be kept constantly in a con- Tables of the spicuous part of the room or place where the general or quarter sessions Fees to be deshall be held; under pain of forfeiting the sum of ten pounds for each posited with the offence, to be recovered by action of debt bill plaint or information in Clerks of the any of his Majesty's courts of record at Westminster, wherein no essoign Peace, privilege protection wager of law or more than one imparlance shall be and Copies granted or allowed.

thereof to be

placed in the Room where the Sessions are held, under Penalty of 101. IV. Provided always and be it further enacted by the authority afore- Limitations of said, That all suits and actions which shall be brought or commenced by Actions. virtue of this Act shall be brought before the end of three months after the offence committed, and not otherwise.

[ No. XVIII. ] 26 George II. c. 27.-An Act to confirm certain Acts and Orders made by Justices of the Peace, being of the Quorum, notwithstanding any Defect in not expressing therein that such Justices of the Peace are of the Quorum.*

c. 27.

WHEREAS authority is given by divers Acts of Parliament to two or 26 George II. more justices of the peace whereof one or more are to be of the quorum: And whereas divers acts orders adjudications warrants confirmations of indentures and other instruments done made and executed by two or more justices of the peace without expressing that they are or that one of them is of the quorum have been and may be for that reason only impeached set aside and vacated;' 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 Parlia ment assembled, and by the authority of the same, That from and after the twenty-fourth day of June in the year one thousand seven hundred and fifty-three no Act order adjudication warrant indenture of apprenticeship or other instrument already made done or executed or hereafter to be made done or executed by two or more justices of the peace which doth not express that one or more of the justices is or are of the quorum shall be impeached set aside or vacated for that defect only; any law statute or usage to the contrary notwithstanding.

By 27 Geo. II. c. 16. the Table of Fees for Middlesex is to be confirmed by the two Chief Jus-tices and Chief Baron, or any two of them.

[ No. XIX. ] 1 George III. c. 13.-An Act to amend an
Act passed in the Eighteenth Year of the Reign of King
George the Second, concerning the Qualification of Jus-
tices of the Peace; and for other Purposes therein
mentioned.

WHEREAS by an Act of Parliament made in the eighteenth year
of
his late Majesty King George the Second of glorious memory, inti-
tuled "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;"" it was enacted, That
from and after the twenty-fifth day of March one thousand seven hun-
dred and forty-six no person should be capable of being a justice of the
'peace or of acting as such for any county riding or division within that

[merged small][ocr errors][merged small][merged small]
« SebelumnyaLanjutkan »