Page:Ruffhead - The Statutes at Large - vol 4.djvu/521

 A.D. lyio* Anno nono A n n ^ Regins^* ^.20.^ 469. CAP. XX. An Aft for rendring the Proceedings upon Writs of Mandamus^ and Informations In the Na-" ture of a ^o Warranto, more fpeedy and effeftual; and for the more eafy Trying and De- termining. the. Rights of Offices and Franchifes in Corporations and Boronghs.- ' TX 7 HERE AS divers Perfons have of late illegally intruded themfelves into, and have taken upon- ' Towns Corporate, Boroughs and Places, within that Part of Great Britain ciWeA England and Wales; ■■ ' Offices within theCompafs of the Year; and where fuch Offices were not annual Offices, it hath been ' found difficult to try and deterznine the Right of fuch Perfons to fuch Offices, before they have don© ' divers Afts in their faid Offices, prejudicial to the Peace, Order and good Government within fuch Cities, . • Towns Corporate, Boroughs and Places, wherein they have refpeftively afted ; And whereas divers • Perfons, who had 'a Right to fuch Offices, or to be Burgefles or Freemen of fuch Cities, Towns Corpo- ■ ' rate, Boroui,hs or Places, have either been illegally turned out of the fame, or have been refufed to be 'admitted thereto, having in many of the faid Cafes no other Remedy to procure themfelves to be re- ' fpectively admitted or reftored.to their faid Offices or Franchifes of being Burgefles or Freemen, than bjr ' have already enfued, and more are likely to enfue, if not timely prevented :' For Remedy whereof. Be After thefirft "' it enafted by the Queen's moft Excellent Majefly, by and with the Advice and Confent of the Lords Spi- Day of Trinity-; • ritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the ^"""^J^':^^". fame. That from and after the firft Day of Trinity Term in the Year of our Lord one thoufand feven hiin- Mandamus 'out- dred and eleven, where any Writ of Mandamus fhall iffue out of the Court of Queen's Bench, the Courts of of the Queen's Seffions of Counties Palatine, or out of any the Courts of Grand Seffions in tVales, in- any of the Cafes Bench, &c. ffiall aforefaid, fuch Perfon or Perfons, who by the Laws of this Realm are required to make a Return to ftreh ''^ macie to the /Writ of Mandamus, {hzW make his or their Return to the firfl Writ of Mandamus. ^'^ Vfrn, n. And be it further enacted by the Authority aforefaid, That from and after the faid firfi Day of Trinity As foon as the • Term, as often as in any of the Cafes aforefaid, any Writ of Mandamus fhall iffue out of any of the faid Return is madej, ©Durts, .and a Return fhall be made thereunto, it fhall and may be lawful to and for the Perfon or Perfons 'tie Proiecutor •- fuing or profecuting fuch Writ of Mandamus, to plead to, or traverfe all or any the material FaiSbs con- ^3," pic,(j"&c tained within the faid Return ; to which the Perfon or Perfons making fuch Return fiiall reply, take Iflue, to which the or demur ; and fuch further Proceedings, and in fuch Manner fhall be had therein, for the Determination Perfon returning^ thereof, as might have been had if the Perfon or Perfons fuing fuch Writ had brought his or their Action ™»y ■''^plyj •s^^.'. on the Cafe for a falfe Return ; and if any Iflue fhall be joined on fuch Proceedings, the Perfon or Perfons How the Pro- • fuing fuch Writ fhall and may try the fame fuch Place as an Iflue joined in fuch Adlion on the Cafe ceedings. fhall bes- ihould or might have been tried ; and in cafe a Verdift fhall be found for the Perfon or Perfons fuing fuch Writ, or Judgment given for him or them upon a Demurrer, or by Nil dicit, or for want of a Replication • or other Pleading, he or they fhall recover his or their Damages and Cofts in fuch Manner as hear they ■ might have done in fuch AcSion on the Cafe as aforefaid ; fuch Cofts and Damages to be levied by Qapias. ad Satisfaciendum, Fieri Facias, or Elegit; and a peremptory Writ o( Mandatnus fhall be granted without ■' Delay, for him or them for whom Judgment fhall be given, as might have been, if fuch Return had been adjudged infufficient ; and in cafe Judgment fhall be given for the Perfon or Perfons making fuch Return to fuch Writ, he or they fnall recover his or their Cofts of Suit, to be levied in Manner aforefaid. III. Provided always, That if any Damages fhall be recovered by virtue of this A<St againft any ftich PeiTons againft ' Perfoa or Perfons making fuch Return to fuch Writ, as aforefaid, be or they fhall not be liable to be fued whom Damages in any other Action or Suit, for the making fuch Return ; any Law, Ufage or Cuffom to the contrary thereof ^^^ nor 'liable to- in any wife notwithftanding. _ be fue°d inMher IV. And- be it further enaiSed by the Authority aforefaid. That from and after the faid firft Day of Aaions. Trinity Term, in cafe any Perfon or Perfons fhall ufurp, intrude into, or unlawfully hold and execute any How informa-> t>f the faid Offices or Franchifes, it fhall and may be lawful to and for the proper Officer in each of the tions in the Na.^ faid refpecSive Courts,, with the Leave of the ftid Courts refpeftively, to exhibit one or more Information ture of Quo War- or Informations in the Nature of a ^;w Warranto, at the Relation of any Perfon or Perfons deflring to fue ";",-°e^7sainft* or profecute the fame, and who fhall be mentioned in fiich Information or Informations to be the Relator fy^|!j ^5 in„uj(.^ or Relators againft fuch Perfon or Perfons, fo ufurping, intruding into, or unlawfully holding and exe^ ftc. into Of- ' outing any of the faid Offices or Franchifes, and to proceed therein in fuch Manner as is ufual in Cafes offices, &c. ., Information in the Nature of a ^to Warranto ; and if it fhall appear to the faid refpeiStive Courts, that the feveral Rights of divers Perfons to the faid Offices or Frsnchifes may properly, be determined on one In- formation, it fhall and may be lawful for the faid refpedtive Courts to give Leave to exhibit one iuch In.- ■ formation againft feveral Perfons, in order to try their refpecftive Rights to fuch Offices or Franchifes, and fuch Perfon or Perfons, againft whomStfuch Information or Informations in the Nature ,ot a .^m Warranto ihall be fued or profecuted, fhall appear and plead as of the fame Term or Seffions in which the faid In.- formation or Informations fhall be filed, unlefs the Court where fuch Information Paall be hied,, fhall give further Time to fuch Perfon or Perfons, againft whom fuch Information fhall b® exhibited, to plead ; 2.yiL fuch Perfon or Perfons, who fhall fue or profecute fuch Information or Inforrr.jtlcns in 'Ji ; N.i';-]:: -- ., ^0 Warranto, fhall proceed thereupon with the mofl: convenient Speed that r^.^ - .1 to the contrary thereof in any wife not-withftanding,. "V, ....
 * W themfelves to execute the Offices of Mayors, Bailiffs, Portreeves and other Offices, within Cities^
 * 'and where fuch Offices were annual Offices, it hath been found very difficult, if not impradiicable, by '
 * ■■ the Laws now in Being, to bring to a Trial and Determination the Right of fuch Perfons to the faid ,
 * Writs of Mandamus, the Proceedings on which are very dilatory and expenfive, whereby great Mifchiefs