Page:Ruffhead - The Statutes at Large - vol 6.djvu/677

 A. D. 1745* Anno dccimo octavo Georgii II. .G. 20. 611 I A. B. do fwear, That I truly and bona fide have ftich an Eftatc, in Law or EqUitv, to and for my- Oath, own Ufe and Benefit, confifting of ' { fpecify ir.e 'the Nature of fuch E/late whether Meffuage, Land, Rent, Tythe, Office, Benefice or what elfe) as doth qualify me to act as a Juftice of the Peace tor the County, Riding or Divifion", of accor- ding to the true Intent and Meaning of an Act of Parliament, made in the eighteenth Year of the R< of his Majefty King George the Second, intituled, An Aii to amend and render n.ore efft - pajfed in the fifth Year of his prefent Majejly's Reign, intituled, An Act for the further Qualification of ju- ftices of the Peace ; and that the fame (except where it conftjh of an Office, Benefice or tcchfuijlical j're'j'n- ment, which itjha/l be fufficient to afecrtain by their known and ufual Names) is lying or being, or illuing out of Lands, Tenements or Hereditaments, being within the Parifh, Townffnp or Precinct of or in the leveral Parifhes, Townfhips or Precincts of in the County of or in the leveral Counties of (as the Cafe may be.) Which Oath fo taken and fubferibed as aforefaid, fhall be kept by the Clerk of the Peace of the Cud Oath to bcrc- County, Riding or Divifion for the Time being, among the Records of the Seffions for the laid County, corde ^ Riding or Divifion. II. And be it further enacted by the Authority aforefaid, That every fiich Clerk of the Peace fhall, Copy ,of Oath to upon Demand for that Purpofe made, forthwith deliver a true and attefted Copy of the laid Oath in Wri- be given for 2 c. tring, to any Perfon, paying for the fame the Sum of two Shillings and no more ; which being proved to be a true Copy of fuch Oath, to be kept amongft the Records as aforefaid, (hall be admitted to .be given and admitted in in Evidence upon any Iffue in any Action, Suit or Information, to be brought upon this Act. Evidence. III. And be it further enacted by the Authority aforefaid, That from and after the laid jtwenty-fifth Penalty of ico I. Day of March, any Perfon who fhall act as a Juftice of the Peace for any County, Riding or Divifion, on any Perfon •within that Part of Great Britain called England, or the Principality of Wales, without having taken and j^'"S <">i<»li- fubferibed the faid Oath as aforefaid, or without being qualified according to the true Intent and Mean- c ' ing of this Act, fhall for every fuch Offence, forfeit the Sum of one hundred Pounds ; one Moiety to the Ufe of the Poor of the Parifh in which he moft ufually refides, and the other Moiety to the Ufe of fuch Perfon or Perfons who fhall fue for the fame, to be recovered, together with full Cofts of Suit, by Action of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at Weflmiyijhr, in which Proof of Quali- no Eflbin, Protection, Wager of Law, or more than one Imparlance fhall be allowed ; and in every fuch fication fh-Uii* Action, Suit or Information, the Proof of his Qualification fhall lie on fuch Perfon againft whom the ontne De- fame is brought. <Unt# IV. Provided always, and be it further enacted by the Authority aforefaid, That if the Defendant in Defendant to any fuch Action, Suit or Information, mall intend to infill upon any Lands, Tenements or Heredita- fpecify Lands ments, not contained in fuch Oath as aforefaid, as his Qualification to act as a Juftice of Peace in Part, (not contained or in the Whole, at the Time of the fuppofed Offence, wherewith he is charged, he fhall at or before Written Notice; the Time of his Pleading, deliver to the Plaintiff or Informer, or his Attorney, a Notice in Writing, fpecifying fuch Lands, Tenements and Hereditaments (other than thofe contained in the faid Oath) and the Parifh, Townfhip, Precinct or Place, or Parifhes, Townfhips, Precincts or Places, and the County or Counties wherein the fame are refpedtively fituate, lying or being (Offices and Benefices excepted, which itfhall be fufficient to afcertain by their known and ufual Names) and if the Plaintiff or Informer in any fuch Action, Suit or Information, fhall think fit thereupon not to proceed any further, he may with the Leave of the Court, difcontinue fuch Action, Suit or Information, on Payment of fuch Cofts to the Defendant as the Court fhall award. V. Provided alfo, and it is hereby further enacted by the Authority aforefaid, That upon the Trial of Lands not men- the Iffue in any Action, Suit or Information, to be brought as aforefaid, no Lands, Tenements or He- tioned in the reditaments, which are not contained in fuch Oath and Notice as aforefaid, or one of them, fhall be al- Oath or Notice, lowed to be infifted upon by the Defendant, as any Part of his Qualification. nottobeaiiowed. VI. And be it further enacted and declared by the Authority aforefaid, Where the Lands, Tenements, Lands mention- or Hereditaments, contained in the faid Oath or Notice, are together with other Lands, Tenements, and ed intheOathor Hereditaments, belonging to the Perfon taking fuch Oath, orielivering fuch Notice, liable to any Charges, ^^y°"| f i r Rents or Incumbrances, that within the true Intent and;Meaning, and for the Purpofes of this Act, the incumbrances. Lands; Tenements and Hereditaments, contained in the faid Oath or Notice, fhal] be deemed and taken to be liable and chargeable, only fo far as the other Lands, Tenements and Hereditaments fo jointly charged, are not fufficient to pay, fatisfy or difcharge the fame. Vil. Provided always, That where the Qualification required by this Act, or any Part thereof con- Cafe of Qualifi- fifts of Rent, it fhall be fufficient to fpecify in fuch Oath or Notice as aforefaid, fo much of the Lands, "'ion by Rent Tenements or Hereditaments, out of which fuch Rent is iffuing, as fhall be of fufficient Value to anfwer onl} > fuch Rent. VIII. Provided always, and be it enacted by the Authority aforefaid, That in cafe the Plaintiff, or In- former, in any fuch Action, Suit or Information, fhall difcontinue the fame, otherwife than aforefaid,' or be nonfuit, or Judgment be otherwife given againft him, that then and in any of the faid Cafes, the Perf&n againft, whom fuch Action fhall have been brought, fhall recover treble Cofts. > Treble Cofls. IX. Provided always, and be it further enacted by the Authority aforefaid, That only one Penalty of only one Penalty one hundred Pounds fhall be recovered from the fame Perfon by virtue of this Act, or of an Act made in recoverable by the fifth Year of the Reign of his prefent Majefty, intituled, An Ac! for the further Qualifications ofjuftices 'his and 5 Geo. cf the-Peace, for the fame, or any other Offence committed by the fame Perfon, before the bringing of 2l c - lS " the Action, Suit or Information, upon which one Penalty of one hundred Pounds fhall have been reco- 4 I 2 vered,