Page:Ruffhead - The Statutes at Large - vol 6.djvu/676

 6io Sheriff, &C. of- fending, to be pi-ofecutcd. No Nolle Profe- q>]i orCcflet Procellus io be granted. The Manner of Proceeding in cafe of Offence againft this Act, C. 19, 20. Anno decimo oclavo Georgii II. A. D. 1745, XII. And be it further enacted by the Authority aforefaid, That in cafe any fuch Sheriff or Under Sheriff, who fhall prefide at any Election of any fuch Knight or Knights of the Shire, within that Part of Great Britain called England, or Dominion of Wales, fhall wilfully offend againft, or ail: contrary to the true Intent and Meaning of this Act, every fuch Sheriff or Under Sheriff fhall .be liable to be profe- cuted by Information, or Indictment, in his Majefty's Court of King s Bench at Wejhninfter, or in the Courts of Great Seflions in the Principality of Wales, or at the Seffions held for the Counties Palatine of Chefter, Lancajler and Durham, or at the AiTifes for the County, City, Town or Place, where fuch Of- fence fhall committed, in which no Noli Profequi or CeJJet Proccjfus fhall be granted ; any Law, Cuftom or Ufage to the contrary thereof in any wife notwithstanding. XIII. And be it further enacted by the Authority aforefaid, That it fhall and may be fufficient for the Plaintiff, in any Action of Debt given by this Act, to fet forth in the Declaration or Bill, that the De- fendant is indebted to him, in the Sum of and to alledge the particular Offence for which the Action or Suit is brought ; and that the Defendant hath acted contrary to this Act, without mentioning the Writ of Summons to Parliament, or the Return thereof; and it fhall be fufficient in any Indictment or Information, for any Offence committed contrary to this Act, to alledge the particular Offence charged upon the Defendant; and that the Defendant is guilty thereof, without mentioning the Writ of Summons to Parliament, or the Return thereof; and upon Trial of any Iffue in any fuch Ac- tion, Suit, Indictment or Information, the Plaintiff, Profecutor or Informer, fhall not be obliged to prove the Writ of Summons to Parliament, or the Return thereof, or any Warrant or Authority to the" Sheriff, grounded upon any fuch Writ of Summons. XIV. Provided always, That every Action, Suit, Indictment or Information given by this Act, fhall be commenced within the Space of nine Kalendar Months after the Fact, upon which the fame is grounded, fhall have been committed. XV. And be it further enacted by the Authority aforefaid, That all the Statutes of Jeofails and Amendments of the Law whatfoever, fhall and may beconftrued to extend to all Proceedings in any Action Suit, Indictment or Information, given or allowed by this Act, or which fhall be brought in purfuance thereof! XVI. Provided always, and be it further enacted by the Authority aforefaid, That in cafe the Plain- tiff or Informer, in any Action, Suit, Indictment or Information, given by this Act, fhall difcontinue the fame, or be nonfuited, or Judgment be otherwife given againft him; then, and in any of the faid Cafes, the Defendant againft whom fuch Action, Suit or Information fhall have been brought, fhall re- cover his Treble Cofts. Sse IQ Geo, 2, c. 28. 31 Geo. z. c. 14. 33 Geo. 2. c. 20. • CAP. XIX. An Act for repairing the Road from Birmingham, in the County of Warwick (through Elmdon) to a Lane leading by the End of Stone Bridge, in the faid County. PR. Tolls granted for 21 Years. Limitation of Aflions. Statutes of Jeo- fails, &c. ex- tended to Pro- ceedings on this Adl. Treble CoftS. C A P. XX. Former Prcvtf. An Aft to amend and render more effectual an Aft palled in the Fifth Year of his prefent Ma* 'xEj*'."f. iC jetty's Reign, intituled, An Atl for the further Qualification of Juftices of the Peace. 2 Ed. 3. c. 6. 38 Ed. yft. 2. c. a. 34 Ed. 3. c. 1 & 5. 12 R. z c. 10; 13 R. z.ft- I. t. 7. 14 R. z. e. II. 17 R. 2. e. 10. 2 H. 5. ft. 1. c. 4. 2 H. $. ft. z. c. 1. ig H. 6. c. 1 1. 1 Ed. 4 c. 2. 1 R. 3. e. 3. 3 H. 7. c. 1. 4 H. 7. c. 12. 6 Geo. 1. c. 21. fee. 10, 9 Geo. 1. c. 7, 5 Geo. 2. c, 18 & 19. 7 Ceo. 2. c. JO » 15 Geo. z. e. 24. i6Geo. z. e. 18. HERE AS by many Acts of Parliament of late Years made, the Power and Authority of Ju- ftices of the Peace is greatly increafed, whereby it is become of the utmoft Confequence to the ' Commonweal, to provide againft Perfons of mean Eftate acting as fuch: And whereas the Laws now jefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the twenty-fifth Day of March, which fhall be in the Year of our Lord one thoufand feven hundred and forty-fix n« Perfon fhall be capable of being a Juftice of the Peace, or of acting as fuch for any County, Riding or Divifion, within that Part of Great Britain called England, or the Principality of Wales, who fhall not have cither in Law or Equity, to and for his own Ufe and Benefit, in Poffeffion, a Freehold, Copyhold or Cuftomary Eftate for Life, or for fome greater Eftate, or an Eftate for fome long Term of Years, de- terminable upon one or more Life or Lives, or for a certain Term originally created for twenty-one Year& vv more in Lands, Tenements or Hereditaments, lying or being in that Part of Great Britahi called Em- land, or the Principality of Wales, of the clear yearly Value of one hundred Pounds, over and above what, will fatisfy and difcharge all Incumbrances that affect the fame, and over and above all Rents and Charges payable out of, or in refpect of the fame ; or who fhall not be feized of or intitled unto, in Law or Equity to and for his own Ufe and Benefit, the immediate Reverfion or Remainder of and in Lands, Tenements, or Hereditaments, lying or being as aforefaid, which are leafed for one, two or three Lives, or for any Term of Years, determina'ble upon the Death of one, two or three Lives, upon referved Rents, and which are of the clear yearly Value of three hundred Pounds; and who fhall not, before the faid twenty- fifth Day of March, or before he takes upon himfclf to act as a Juftice of Peace, after the faid twenty- fifth Day of March, at fome General or Quarter-Seffions for the County, Riding or Divifion for which he "dots or ihall intend to act, firft take and fubferibe the Oath following, videlicet^ ■■ - •' 1 IJ.B, Afier March 25, 1746, no Perfon to be a Juftice of Peace, nut pof- fert'.d of 1 00 1, per Ann ; Or not entitled to the Reverfion of 300I. per Ann j and who (lull not talce and tu'b- Icribe the fol- lowing Oath, jjGeo. ,C,I3
 * in Force are not fufficient for that Purpofe ;' Be it therefore enacted by the King's moft Excellent Ma-
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