Page:Ruffhead - The Statutes at Large - vol 6.djvu/461

 A. D. 1740. Amo decimo tertio Georgii II. C. 18. 395 of the Peace; Be it further enacted by the Authority aforefaid, That from and after the twenty-fourth CgwwuwiWi Day of June, which (hall be in the Year of our Lord one thoufand feven hundred and forty, no Writ fr%$% ,e j, of Certiorari (hall be granted, iflued forth or allowed, to remove any Conviction, Judgment, Order or $&6 'ir.'&M. other Proceedings had or made by or before any Juflicc or Juftices of the Peace of any County, City, '•«• Borough, Town Corporate or Liberty, or the refpective General or Quartcr-Seffions thereof, unlefs fuch 8&/ 9''"-3- f - JJ- Certiorari be moved or applied for within fix Calendar Months next after fuch Conviction, Judgment, Order or other Proceedings fliall be fo had or made, and unlefs it be duly proved upon Oath, that the faid Party or Parties fuing forth the fame, hath or have given fix Days Notice thereof in Writing to the Juflice or Juftices, or to two of them (if fo many there be) by and before whom fuch Conviction, Judg- ment, Order or other Proceedings fliall be fo had or made, to the End that fuch Juftice or Juftices, or the Parties therein concerned, may fhew caufe, if he or they mall fo think fir, againft the iffuing or granting fuch Certiorari. VI. And, for the better and more fpeedy Execution of Proccfs within particular Franchifes or Liber- Sheriffs to al- lies ; be it further enacle.! by the Authority aforefaid, That from and after the third Day of November, !,7?fcV^F"-!i',(' which fliall be in the Year of our Lord one thoufand feven hundred and forty, the Sheriff of every of Lairltoi Shire, being no City or Town made a Shire, within which there is any Franchise or Liberty, the Lord Liberti* or Proprietor whereof is of Right intitlcd to the Return of Writs within fuch Franchife or Liberty, fliall /if required by any fuch Lord or Proprietor) within one Month next after fuch Requcft made to him for that Purpofe, nominate and appoint one or more fufficknt Deputy or Deputies, at the proper Cofts and Charges of fuch Lord or Proprietor, to be refident at fome convenient 1 own or Place in or near fuch Franchife or Liberty, to be for that Purpofe appointed by the Lord High Chancellor of Great Britain, and the Chief Juftices of his Majefty's Courts of King's Bench and Common Pleas for the time Leing, or cny one of them, who is and are hereby authorized and impowered to appoint fuch convenient Town or Place, as to him or them fliall feem meet, and to fettle and direct what Cofts and Charges Avail be Iiaid therefore by fuch Lord or Proprietor ; and fuch Deputy or Deputies ihall r-efide at fuch Town or 5 ,ace fo to be appointed as aforefaid, and (hall have Authority in the Sheriff's Name, and is and are refpetftively authorized and impowered, to receive and open all fuch Writs and Procefs (the Execution or Return whereof doth of Right belong to the Lord or Proprietor of any fuch Franchife or Liberty) and thereupon in the Name, and under the Seal of the Sheriff, to make and iffue out fuch Warrant or War- rants to fuch Lord or Proprietor, as by Law is requifite, for the due Execution of fuch Writs or Pro- cefs ; and every fuch Deputy or Deputies is and are hereby required, upon Tender of any fuch Writ or Procefs, to receive and open the fame, and to iffue out fuch Warrant thereon, without Delay, in fuch •Manner and Form as the Sheriff himfelf may or ought to do, without taking any further or other P'ee than what is now due and accuftomed for fuch Warrant ; upon Pain that every fuch Sheriff or Deputy refpectively, who (hall be guilty of any wilful Neglect or Default in the Premlffes, fliall be liable to be punifhed for the fame, as for a Contempt of one of his Majefty's faid Courts of Chancery, King's Bench, or Common Pleas (as the Cafe fliall require) and fliall likewife make Satisfaction to the Party or Parties that ihall receive Damige thereby. ' VII. And whereas by an Act paffed in the twelfth Year of his prefent Majefty's Reign, intituled, J2 Geo. 2. c. 29. ' are given to the Juftices of the Peace in that Part of Great Britain called England, wi:hin the refpective ' Limits of their Commiffions, at their General or Quarter-Seffions, from time to time, to make one ' General R.ate or Affeffment for fuch Sum or Sums of Money as they in their Difcretion (hall think ' being a Provifo in the faid Act, that the fame, or any thing therein contained, fhould not extend, or ' was not liable to contribute before the pafiing thereof ; fome Doubts have arifen whether the faid Act ' doth extend to Liberties and Franchifes, which are not within the Jurisdiction of the CommiiTions of 1 ble to contribute to the faid County Rates ; ' To the End therefore that fuch Liberties and Franchifes nay not be wholly deprived of the Benefit of the faid in Part recited Act, it is hereby declared and enacted by the Authority aforefaid, That where any Liberties or Franchifes within that Part of Great ruftices of Britain called England, have Commiffions of the Peace within themfelves, and are not fubject to the Ju- ^eacefqr u- rifdiction of the Commiffions of the Peace for the Counties in which fuch Liberties or Franchifes lie, ^th'uTe'fame and d:> not, nor did before the making the .laid in Part recited Ait, contribute or pay to the feveral Rates Power as ju- made for the faid Counties ; it fhall and may be lawful to and for the Juftices of the Peace of fuch Li- fli ei for the berties and Franchifes, within the refpective Limit.:; oi their Commiilions, to have, uie and exercife all teal"?county and Angular the Powers, Authorities and Methods, given or prescribed by the faid in Part recited Act, Rates, and all fuch Liberties and P'ranchifes are hereby declared to be fubject thereto, in the fane Manner to all Intents ard Purpofes, as Counties at large are ; any thing in the faid in Part recited Act contained, or any Law, Ufage or Cuftom to the contrary thereof, in any wife notwithstanding. ■ E«e i C A P,
 * An Ad for the more eafy affejjing, colleStjmg and levying of County Rates, feveral Powers and Authorities
 * fufheient to anfwer ail and every the Ends and Purpofes of the feveral Acts therein recited ; but there
 * be conftrued to extend, to make any Perfons, Liberties, Divisions or Places liable to pay to any Rate
 * to be made in purfuance of the faid Ait, to which fuch Perfon, Liberty, Divifion or Place did not, or
 * the Peace for the Counties in which fuch Liberties and Franchifes lie, and fo never did- nor were lia-