Page:Ruffhead - The Statutes at Large - vol 6.djvu/146

 84 C. 19. Anno quinto Georgii II. A. D. 1732. to be Juftices of the Peace, and in fuch Manner only as they might have been, if this Act had never been made ; any Thing herein before contained to the contrary thereof in any wife notwith- standing. Sons t °f h pcl d ^ 1 ^' P. rov 'd e d always, That nothing in this Act contained (hall extend to incapacitate any Peer or Lnrd or of Knights'' °f Parliament, or the cldeft Son or Heir apparent of any Peer or Lord of Parliament, or of any Perfon of Shires, qualified to ferve as Knight of a Shire by an Act, intituled, An Acl to fecure the Freedom of Par- 9 Ann. c 5. {laments by the further qualifying Members to fit in the Houfe of Commons, to be a Juftice of the Peace for any County, or to act as fuch ; any Thing herein contained to the contrary thereof in any wife notwithftanding. ofGree^ciot" 1 V *" Proved 2l( °> That nothing in this Act contained fhall extend or be conftrued to extend to inca- or principal Of- pacitate or exclude the Officers of the Board of Green Cloth from being Juftices of the Peace within licers of the the Verge of his Majefty's Palaces, or to incapacitate or exclude the Commiffioners and principal Of- Navy » ficers or the Navy, or the two Under Secretaries in each of the Offices of Principal Secretary of State, from being Juftices of the Peace in and for fuch Maritime Counties and Places where they ufualiy have been J uitices of the Peace ; any Thing herein contained to the contrary in any wife notwith- ftanding. hor to Heads of VII. Provided always, That this Act, nor any Thing herein contained, fliall extend or be conftrued university. 6 ' to extend to any of the Heads of Colleges or Halls in either of the two Univerfuies of Oxford and Cam- 7 Geo. 2. J. 10. biidge, but that they may be made Juftices of the Peace of and in the feveral Counties of Oxford, % 3- / n Berks and Cambridge, and, the Cities and Towns within the fame, and execute the Office thereof as ur, wdftotber "fr% and freely in all Refpects, as heretofore they have lawfully ufcd to execute the fame, as if this 7 beo. 2. c. 10. Act had never been made ; any Thing herein before contained to the contrary notwithstanding. 15 Gee. z. c. 24. 16 Gee. 2. c. iS. iS Geo. 2. c. 20. 24 Geo. 2. c. 44 & 55. 26 Geo. 2. c. 14 & 27. 27 Geo. 2. c. 16 & 20. 1 Geo. 3. e. 13. CAP. XIX. An Act to oblige the Juftices of the Peace at their General or Quarter Seffions to determine Appeals made to them according to the Merits of the Cafe, notwithftanding Defects of Form in the original Proceedings; and to oblige Perfons fuing forth Writs of Certiorari to remove Orders made on fuch Appeals into his Majefty's Court of King's Bench, to give Security to profecute fame with Effect. Former Pnvifmi: « 1T7 H E R E A S in many Cafes where his Majefty's Juftices of the Peace by Law are impowered to "eTA, "7)6. ' VV give or make Judgments or Orders, great Expences have been occafioned by reafon that fuch a Ed. 3. c. 6. ' Judgments or Orders have, on Appeals to the Juftices of the Peace at their refpective General or Quar- l8 iw 3 '-^' 2 ftf 2 ' ' ter ^ e ffi° ns 3 been quafhed or fet afide upon Exceptions or Objections to the Form or Forms of the rto- 32 R.l'/c* io. S ' ' ceedings, without hearing or examining the Truth and Merits of the Matter in Queftion between the 13 R. 2. r. 7. ' Parties concerned :' Therefore to prevent the fame for the future, may it pleafe your moft Excellent H 1, 2 - <■• "• Majefty that it may be enacted, and be it enacted by the King's moft Excellent Majefty, by and with -

.. ft'.. C r'.'. the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament a i-i. 6. e. 6. aiTembled, and by the Authority of the fame, That after the twenty-fourth Day of jfuns one -s w fi C ' 4 ' thoufand feven hundred and thirty-two, upon all Appeals to be made to the Juftices of the Peace at their I'e/.^'.c'."' refpective General or Quarter Seffions to be holden for any County, Riding, City, Liberty or Precinct, x R. 3. e. 3. within that Part of Great Britain called England, againft Judgments or Orders given or made by any Ju- 3 H. 7. e. 1. ftices of the Peace as aforefaid, fuch Juftices fo aiTembled at any General or Quarter Seffions lhall and 6G«? 1.V21. they are hereby required from Time to Time, within their refpective Jurifdictions, upon all and every 9 Ceo. 1, c. 7. fuch Appeals io made to them, to caufe any Defect or Defects of Form that fhal! be found in any fuch After *4ij me original Judgments or Orders, to be rectified and amended without any Coft or Charge to the Parties may'retrify De- concerned, and after fuch Amendment made fhall proceed to hear, examine and contider the Truth lefts of Form and Merits of all Matters concerning fuch original Judgments or Orders, and likewife to examine all andmavwo- Witneffes upoa Oath, and hear all other Proofs relating thereto, and to make fuch Determinations ceed'toJeterT thereupon as by Law they fhould or ought to have done, in cafe there had not been fuch Defect mine them. or Want of Form in the original Proceeding; any Law, Ufage or Cuftom to the contrary notwith- ftanding. ' II. And whereas divers Writs of Certiorari have been procured to remove fuch Judgments or Orders ' into his Majefty's Court of King's Bench at JVeJhninjler, in hopes thereby to difcoura^e and weary out ' the Parties concerned in fuch judgments or Orders by great Delays and Expences:' Be it therefore en- No Certiorari to ac led by the Authority aforefaid, t hat no Certiorari (hall be allowed to remo> e any fuch judgment or refnovelPvffti'fces Order, unlefs the Party or Parties profecuting fuch Certiorari, before the Allowance thereof, (hall enter Orrfjrs, without into a Recognizance with fufficient Sureties before one or more Juftices of the Peace of the County in whofe Favour and for whole Benefit fuch Judgment or Order was given or made, within one Month after the (aid Judgment or Order (hall be confirmed, their full Colls and Charges, to be taxed accord- On Refufal of j n g ^ e Courfe f the Court where fuch Judgments or Orders fliall be confirmed; and in cafe the 'ruftices'to "pro- Party or Parties profecuting fuch Certiorari fliall not enter into fuch Recognizance, or lhall not per- iled. ' form