Page:Ruffhead - The Statutes at Large - vol 3.djvu/262

 214 -G. r>. • Annodecimo tertio Caroli II. Stat. II. A. D. i66i. Coinmiffioners have Power to remove any at tiieif Wills, Ihough they of- t-.r to taUe llie Oitlis. 'T'lieir Powf r to rcAoreany Ma- giftratc unduly -removed. CommJflioners impo^A^ercd to give the Oaths. Who (liall give the Oath af er the Commiffions are determined. The CommifTio- ners to keep Re membrcnces. And give them ■to the Town Clerks, &c. None to be a Magiftrate un- lefs he take the Oaths and re- ceive the Sacra- ment. Farther Provi- (ions relating hereto, 5 Geo, i. t 6. §. 3. Csrthevv 306. 3 Lev. it6. » Ven. 147, 148, The ufuil Oath How long the ' Commiflioners Power ihaH con- tinue, Commiffioners fued may plead the General r/lue, and re- cover treble GoOs. ReVtrPon"; of pffices in I.OB- VIII. And neverthelefs. Be it farther enadVed by the Authority aforefaid, That the faid Commiflioners, or any five or more of them, fliall have full Power by Virtue of this Adl, by Order and Warrant under their Hands and Seals, to difplace or remove any of the Perfons aforefaid from the faid refpeftive Of- hces and Places, or Trufts aforefaid, if the faid Commiirioners, or the major Part of them then prefent, lliall deem it expedient for the publick Safety, although fuch Perfons fhali have taken and fubfcribed, or be willing to take and fubfcribe, the faid Oaths and Declaration. IX. And be it alio enadted. That the faid refpedtive CommilFioners, or any five or mere of them as aforefaid, Ihall have Power to reftore fuch Perfon or Perfons as have been illegally or unduly removed, into the Places out of which he or they were removed; and alfo to put and place into the Offices and Places which by any of the Ways aforefaid fhall be void refpeftively, fome other Perfon or Perfons then being or which have been Members or Inhabitants of the faid refpedive Cities, Corporations and Bo- roughs, and Cinque Ports and their Members, and other Port-Towns; (2) who fliall, before the faid refpedive Commiffioners or any three or more of them, take the faid Oaths of Obedience and Supremacy, and the faid other Oath, and fubfcribe the Declaration herein before particularly mentioned, and that the faid Perfons from and after the taking of the faid Oaths, and fubfcribing the faid Declaration, (hall hold and enjoy, and be vefted in, the faid Places and Offices, as if they had been duly elected and chofen according to the Charters and former Ufages of the faid refpedive Cities, Corporations and Boroughs, Cinque Ports and their Members, and other Port-Towns. X. And be it further enadted by the Authority aforefaid. That the faid refpedtive Commiffioners, qi any three or more of them refpedtively, fliall have Power, during the Continuance of their refpedtiw Commiffions, to adminifter the Oaths aforefaid, and tender the faid Declaration, to the faid Perfoi' hereby required to take and fubfcribe the fame; (2) and from and after the Expiration of the faid ri fpedVive Commiffions, the faid three Oaths and Declaration fliall be from Time to Time adminiftred ani . tendred to fuch Perfon and Perfons, who by the true Meaning of this Act or any Claufe therein con-i tained are to take the fame, by fuch Perfon or Perfons refpedtively, who by the Charters or Ufages o^ the faid refpedtive Cities, Corporations and Boroughs, and Cinque Ports and their Members, and othfiij Port-Towns, ought to adminifter the Oath for due executing the faid Places or Offices refpedtively;. {3) and in Default of fuch, by two Juftices of the Peace of the faid Cities, Corporations and Boroughsi and Cinque Ports and their Members, and other Port-Towns, for the Time being, if any fuch there bBj or otherwife by two Juftices of the Peace for the Time being, of the refpedtive Counties where thefaia Cities, Corporations or Boroughs, or Cinque Ports or their Members, or other Port-Towns are. '^' XL And be it likewife enadted by the Authority aforefaid, 1 hat the faid Commiffioners, Juftk'es of the Peace, and other Perfons hereby authorized to adminifter the faid Oaths and tender the faid Declara- tion refpedtively, fhall caufe Memormidu7in or Entries to be made of all Oaths taken before them, aiMJi ( Subfcriptions made as aforefaid, and deliver the fame once in a Year to the refpedtive Town-Clerks ot other Regifter or Clerk of the faid refpedtive Cities, Corporations and Boroughs, and Cinque Ports arid their Members, and other Port-Towns, who fliall caufe the fame to be fairly entred into the Books or 1 E.egifters belonging to the faid refpedtive Cities, Corporations or Boroughs, or Cinque Ports and theig ( Members, or other Port-Towns. '^,. Xli, Provided alfo, and be it enadted by the Authority aforefaid. That from and after the Expiratipa of the faid Commiffions, no Perfon or Perfons fliall for ever hereafter be placed, eledted or chofen, W . or to any the Offices or Places aforefaid, that fliall not have within one Year next before fuch Election pc Choice, taken the Sacrament of the Lord's Supper, according to the Rites of the Church of Englandi (2) and that every fuch Perfon and Perfons fo placed, eledted or chofen, fliall likewife take the aforefaiq three Oaths, and fubfcribe the faid Declaration at the fame Time when the Oath for the due Executidii of the faid Places and Offices refpedtivJy fliall be adminiftred; (3) and in Default hereof, every fuct Placing, Eledtion and Choice is hereby enadted and declared to be void. XIII. Provided always, and be it enadted. That every Perfon who (hall be placed in any Corporatioh by Virtue of this Adt, fliall upon his Admiffion take the Oath or Oaths ufually taken by the MemberS of fuch Corporation. ^ XIV. Provided alfo, and be it hereby enadled, That the Powers granted to the Commiffioners bjs Virtue of this Adt, (hall continue and be in Force until the five and twentieth oi March one thoufand fiji | hundred fixty-three and no longer. XV. Provided, Tli:;t if any Adtion, Bill, Plaint or Suit (hall at any Time hereafter happen to be brought or commenced againit any Perfon or Perfons nominated a CommilTioner as aforefaid, for any Matter or Thing by them or any of them done by Virtue or in Purfuance of this Adt, That then it fliall be lawful to and for every fuch Perfon and Perfons againft whom fuch Adtion, Bill, Plaint or Suit (hall be brought or comm.enced, to plead the General Iffiie, and to give this Adt, or any other fpecial Mattel) i in Evidence; (2) and if the Verdidt (hall pafs with the Defendant or Defendants in any fuch Action, oc i the Plaintiff or Plaintiffs become nonfuit, or fuffer any Difcontinuance thereof, that in every fuch Cafe i the Judge or Judges before whom the faid Matter (hall be tried, or be depending, fliall by Force and 1 ^ Virtue of this Adt allow unto the Defendant or Defendants his or their Treble Colts, which lie or they / fhall have fuftained by reafon of their wrongful Vexation in Defence of the faid Adtion or Suit, for whicbi the faid Defendant or Defendants fliall have like Remedy as in other Cafes where Cofts by the Laws (^ this^Realm are given to the Defendants. XVI. Provided always, and it is hereby declared, That this Adt, or any Thing therein contained, fliaH not extend or be to the Prejudice of any Perion or Perfons whatfoever, that hath any Reverfion or Re- vcrii0J5s of any of the Offices or Places belonging to the City oi Londoti. by Force or Virtue of any Order, CJri-nt,