empting cer act, be rateable and be rated to the relief of the poor in respect of lands, tenements, and hereditaments being the property and in the occupation of such municipal corporations, as if such lands, tenements, and hereditaments were not corporate property, any law, usage, or custom to the contrary notwithstanding: Provided always, that where such property lies Proviso, exin any parish which is situate wholly within the tain property. boundaries and limits of a city or borough named in the said schedules, and in which city or borough the poor are relieved by one entire poor rate, or in which city or borough the poor within the boundaries or limits thereof as existing for municipal purposes at the time of passing the said act were then relieved by one entire poor rate, the exemption of such property from rateability shall continue as if this act had not passed. tions to be ficial occupiers. II. And be it enacted, that any of the said muni- Said corporacipal corporations, being in the occupation of such deemed benelands, tenements, and hereditaments as are hereinbefore described, shall be deemed and taken to be beneficial occupiers thereof, for all the purposes of rating, as if such occupation was for their own private advantage, and not for any public purposes or purpose, and shall be liable to be rated as such occupiers by their corporate style and title. This act was passed in consequence of the decisions in Reg. v. The Mayor, &c., of Liverpool, 9 A. & E. 435; S. C. 1 P. & D. 334; and in Reg. v. The Inhabitants of Exminster, 12 A. & E. 2; S. C. 4 P. & D. 69; which see ante, p. 161, in the notes to s. 92 of 5 & 6 Will. 4, c. 76. : 391 APPENDIX. 9 ANNE, CAP. 20. An Act for rendering the proceedings upon Writs of Mandamus, and Informations in the nature of a Quo Warranto, more speedy and effectual; and for the more easy trying and determining the rights of offices and franchises in Corporations and Boroughs. WHEREAS divers persons have of late illegally intruded Preamble. themselves into, and have taken upon themselves to execute the offices of mayors, bailiffs, portreeves and other offices, within cities, towns corporate, boroughs, and places, within that part of Great Britain called England and Wales; and where such offices were annual offices, it hath been found very difficult, if not impracticable by the laws now in being, to bring to a trial and determination the right of such persons to the said offices within the compass of the year; and where such offices were not annual offices, it hath been difficult to try and determine the right of such persons to such offices, before they have done divers acts in their said offices prejudicial to the peace, order, and good government within such cities, towns corporate, boroughs and places, wherein they have respectively acted: And whereas divers persons who had a right to such offices, or to be burgesses or freemen of such cities, towns corporate, boroughs, or places, have either being illegally turned out of the same or have been refused to be admitted thereto, having in many of the said cases no other remedy to procure themselves to be respectively admitted, or restored to their said offices or franchises of being burgesses or freemen than by writs of mandamus, the proceedings on which are very dilatory and expensive, whereby great mischiefs have already ensued, and more are likely to ensue if not timely prevented: For remedy whereof, be it enacted by the Queen's most excel- After the first lent Majesty, by and with the advice and consent of the lords day of Trinity spiritual and temporal, and commons, in this present Parlia- term, 1711, ment assembled, and by the authority of the same, That from writs of manand after the first day of Trinity Term in the year of our Lord damus out of returns to the Queen's Bench, &c. shall be made to the first writ. As soon as the return is made, the such writ may plead, &c. to which the person returning may reply, &c. How the proceedings shall be. one thousand seven hundred and eleven, where any writ of mandamus shall issue out of the court of Queen's Bench, the courts of session of counties palatine, or out of any of the courts of grand sessions in Wales, in any of the cases aforesaid, such person or persons who by the laws of this realm are required to make a return to such writ of mandamus, shall make his or their return to the first writ of mandamus. II. And be it further enacted by the authority aforesaid, That from and after the first day of Trinity Term, as often as prosecutor in in any of the cases aforesaid, any writ of mandamus shall issue out of any of the said courts, and a return shall be made thereunto, it shall and may be lawful to and for the person or persons suing or prosecuting such writs of mandamus, to plead to or traverse all or any of the material facts contained within the said return, to which the person or persons making such return shall reply, take issue, or demur; and such further proceedings, and in such manner, shall be had therein, for the determination thereof, as might have been had if the person or persons suing such writ had brought his or their action on the case for a false return; and if any issue shall be joined on such proceedings, the person or persons suing such writ shall and may try the same in such place, as an issued joined in such action on the case should or might have been tried; and in case a verdict shall be found for the person or persons suing such 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 shall recover his or their damages and costs, in such manner as he or they might have done in such action on the case aforesaid; such costs and damages to be levied by capias ad satisfaciendum, fieri facias, or elegit, and a peremptory writ of mandamus shall be granted without delay, for him or them for whom judgment shall be given, as might have been if such return had been adjudged insufficient; and in case judgment shall be given for the person or persons making such return to such writ, he or they shall recover his or their costs of suit to be levied in manner aforesaid. Persons against whom damages shall be recovered not liable to be sued in III. Provided always, That if any damages shall be recovered by virtue of this Act against any such person or persons making such return to such writ as aforesaid, he or they shall not be liable to be sued in any other action or suit, for the making such return, any law, usage, or custom to the contrary thereof other actions. in anywise notwithstanding. How informa nature of quo IV. And be it further enacted by the authority aforesaid, tions in the That from and after the said first day of Trinity Term, in case warranto may any person or persons shall usurp, intrude into, or unlawfully be exhibited hold and execute any of the said offices or franchises, it shall against such persons as in- and may be lawful to and for the proper officer in each of the trude &c. into offices, &c. said respective courts, with the leave of the said courts respectively, to exhibit one or more information or informations in the nature of quo warranto, at the relation of any person or persons desiring to sue or prosecute the same, and who shall be mentioned in such information or informations to be the relator or relators against such person or persons so usurping, intruding into, or unlawfully holding and executing any of the said offices or franchises, and to proceed therein in such manner as is usual in cases of information in the nature of a quo warranto; and if it shall appear to the said respective courts that the several rights of divers persons to the said offices or franchises may properly be determined on one information, it shall and may be lawful for the said respective courts to give leave to exhibit one such information against several persons, in order to try their respective rights to such offices or franchises; and such person or persons against whom such information or informations in the nature of a quo warranto shall be sued or prosecuted shall appear and plead as of the same term or sessions in which the said information or informations shall be filed, unless the court, where such information shall be filed, shall give further time to such person or persons against whom such information shall be exhibited to plead; and such person or persons who shall sue or prosecute such information or informations in the nature of a quo warranto, shall proceed thereupon with the most convenient speed that may be ; any law or usage to the contrary thereof in anywise notwithstanding. ouster shall be V. And be it further enacted and declared by the authority Judgment of aforesaid, That from and after the said first day of Trinity given against Term, in case any person or persons, against whom any infor- persons found mation or informations in the nature of a quo warranto shall in guilty of such usurpation; any of the said cases be exhibited in any of the said courts, shall be found or adjudged guilty of an usurpation or intrusion into or unlawfully holding and executing any of the said offices or franchises, it shall and may be lawful to and for the said courts respectively, as well to give judgment of ouster against such person or persons of and from any of the said offices or franchises, as to fine such person or persons respectively, for his or their usurping, intruding into, or unlawfully holding and executing any of the said offices or franchises; and also it and the reshall and may be lawful to and for the said courts respectively, lator shall reto give judgment, that the relator or relators, in such information named, shall recover his or their costs of such prosecution; and if judgment shall be given for the defendant or defendants if judgment in such information, he or they, for whom such judgment be given for the defendant, shall be given, shall recover his or their costs therein expended he shall have against such relator or relators; such costs to be levied in man- costs against ner aforesaid. cover costs; the relator. VI. And be it further enacted and declared by the authority The court aforesaid, That it shall and may be lawful to and for the said may allow courts respectively, to allow to such person or persons respec- time to return a convenient |