Page:Ruffhead - The Statutes at Large - vol 3.djvu/476

 428 C. 21. Anno primo Gulielmi 8c Mari^. A. D. 1688. ' Time being :' Now for the preventing of all Doubts and Queftions that may arife, whether all or any of thofe Authorities, Jurifdidtions, and Powers may be exercifed by fuch Commiflioners : Comm"ffionJr the time being may ufe and exercife at all Times according to their Commiffions, as of Right belonging to the Lords Commiflioners of the Great Seal oi England for the time being, all and every the fame and like Offices, Authority, Jurifdiftion, and Execution of Laws, and all other Luftoms, Privileges, Emoluments, and Advantages, which the Lord Chancellor of England, or Lord Keeper of the Great Seal of England for the time being, of Right ought to have, ufe, or execute, as belonging to their or either of their faid Offices, or otherwife howfoever, to all Intents and Purpofes, as if the faid Lords Commiflioners for the time beinw Their Place. were Lord Chancellor, or Lord Keeper of the Great Seal of England, and fhall have, and take Place next' after the Peers of this Realm, and Speaker of the Houfe of Commons, unlefs any of them Ihall happen tor te a Peer, and then to take Place according to his Peerage. OneCtiijimif- ]jj_ Provided always, and be it enafted by the Authority aforefaid. That any one Commiflioner (in the ^ner may near ^j^f.j^ce of the Others) may hear Motions, "and give Orders and Direftions touching the interlocutory Proceedings in any Caufe, fo, as fuch one Commiflioner in the Abfence of the others fhall not make an/' Decrees, or put the Great Seal to any thing whatfoever, whereunto the whole Broad Seal ought to be' •^ffixt, unlefs there be two Commiflioners prelent. Cuftm Rotulo- IV. And be it further enafted by the Authority aforefaid. That the nominating and appointing of the riim how to be Qyj^gg Jiciulorum, throughout all the Shires and Counties of this Realm, is and fhall be as is directed by a- ^^ ' ■ ' ' the CkrkJInp of the Peace; any Law, Ufage, or Statute to the contrary in any wife notwithftandingi Cickof the V. And be it further enafted by the Authority aforefaid. That the Cujios Rotulorum, or other Perfcn,' Peace how to to wbom of Right it doth or fhall belong to nominate or appoint the Clerk of the Peace for any Count^', CarXw"''^'6 Ri^^'ng^ Divfion, or other Place, fliall, from time to time, where the Ofnce of the Clerk of the Peace i.» 41 . ^^^ .^^ ^^ hereafter fhall be void, nominate and appoint one able and fufhcient Perfon refiding in- the faii County, Riding, Divifion, or otlier Place, for which he is fo appointed or to be appointed Clerk of the Peace, to execute the fame by himfelf or his fuflicisnt Deputy, and to take and receive the Fees, Profits,' and Perquifites thereof, for fo long Time only as fuch Clerk of the Peace fhall well demean himfelf in his" faid Office. _ . ' juftiees of 'VI. And be it ena(iled by the Authority aforefaid. That if any Clerk of the Peace already nominated or peace may dif- jq be nominated, as aforefaid, {hall mifdemean himfelf in the Execution of the faid Office, and thereupon charge Gierk of ^ Complaint and. Charge in Writing of fuch Mifdemeanor fhall be exhibited againft him to the Juflices of e eace. ^^ Peace in their General Quarter-SelTions, it fhall be lawful for the faid Juflrices, or the major Part of them, from time to time, upon Examination and due Proof thereof, openly in their faid General Quarter- Who fliall no- Seflions, to fufpend or difcharge him from the faid Office ; and that in fuch Cafe the d-Jlos Rotulorum, or ininaie upoii other Perfon, to whom it fhall of Right belong to nominate and appoint the Clerk of the Peace for fuch fuch Vacancy. County, Riding, Divifion, or Place, fhall nominate and appoint one other able and fufficient Perfon re- fiding in the faid County, Riding, Divifion, or Place, as aforefaid, to be Clerk of the Peace in the Place! of fuch Perfon fo amoved, as aforefaid ; and in cafe of Refiifal or Negleft to make fuch Nomination and Appointment, before the next General Qiiarter- Seflions to be holden after the faidRefufal, that it fhall and may be lawful for the faid Juftiees of the Peace, at their General Quarter-Seffions for the faid County, Riding, Divifion, or Place, oir the major Part of them, to nominate and appoint one able and fufficient Perfon refiding in the faid County, Riding, Divifion, or Place, to be Clerk of the Peace in the Place of fuch Perfon fo amoved, as aforefaid, to have, hold, and enjoy the faid Office of Clerk of the Peace, and to execute the fame by himfelf, or his fufficient Deputy, and to receive the Fees, Profits, and Perquifites thereof. New Clerk of VII. Provided always, and be it enafted by the Authority aforefaid, That he fhall be liable and fubjcft the Peace liable to all the Penalties, Forfeitures, Conditions, Limitations, and Provifions herein and hereby mentioned and toPenaities, &c. gjjpj.g^e(j^ ^j^^j jjj^y ]jg amoved or difcharged by the faid Juftiees, or the major Part of them, in fuch Manner and Way as is above fpecified. Cuftos Rotulo- VIII. And be it further enafted by the Authority aforefaid. That it fhall not be lawful for any Cuflos lum, &c. ftall Rotulorum, or other Perfon, to whom of Right it doth or fhall belong to nominate, ele£t, or appoint take no Fee. ^ Clerk of the Peace, to fell the faid Place of Clerk of the Peace, or to take any Bond or other An'urance to receive or have any Reward, Money, Fee, or Profit, direflly or indireftly, to him or any other Perfon, for fuch nominating, ele£ting, or appointing, but that every fuch Cujios Rotulorum, or other Perfon that fhall fo fell the Clerkfhip of the Peace, and every Clerk of the Peace, who fhall fo Penalty upon buy his Place, are hereby difabled to hold their Places of Cuftos Rotulorum, or Clerkfiiip of the Peace, and Buyer and Seller. Qjall alfo each of them refpeftively forfeit double the Sum or Value of other Thing that fhall be fo given or taken, to be recovered by him or them to their own Ufe that fhall fue for the fame, to be profe- euted by any Action of Debt, Suit, Bill, Plaint, or Information, in any of their Majefties Courts at JVeflmirtfter, wherein no Eflbin, Proteftion, or Wager of Law fliall lie. Clerk of the IX. And be it further en aftcd by the Authority aforefaid. That every Clerk of the Peace, before he P€j« to take gjjjer upon the Execution of his faid Office, fhall in open Seffions take the Oath following, viz^ the following lA.B
 * ^"°Hm 8 c I Statute made in the thirty-feventh Year ol Htnry the Eighth, intituled, A BUI for Cuftos Rotulorum, arti