missions of the peace for the counties at large in which such liberties or franchises lie, and do not, nor did before the passing of this act, contribute or pay to the several rates made for the said counties at large, it shall and may be lawful to and for the justices of the peace of such separate jurisdictions, within the respective limits of their commissions, to have, use, and exercise all and singular the powers, authorities, and methods given or prescribed by this act; and all such separate jurisdictions are hereby declared to be subject thereto in the same manner to all intents and purposes as counties at large; any law, usage, or custom to the contrary notwithstanding. 13 Car. 2, stat. 2, c. 1. 9 GEO. 4, CAP. 17. An Act for repealing so much of several Acts as imposes the necessity of receiving the Sacrament of the Lord's Supper as a Qualification for certain Offices and Employments. WHEREAS an act was passed in the thirteenth year of the reign of King Charles the Second, intituled "An act for the well-governing and regulating of corporations;" and whereas another act was passed in the twenty-fifth year of the reign of 25 Car. 2, c. 2. King Charles the Second, intituled "An act for preventing 16 Geo. 2, c. 30. dangers which may happen from popish recusants;" and whereas another act was passed in the sixteenth year of the reign of King George the Second, intituled "An act to indemnify persons who have omitted to qualify themselves for offices and employments within the time limited by law, and for allowing further time for that purpose; and also for amending so much of an act made in the twenty-fifth year of the reign of King Charles the Second, intituled An act for preventing dangers which may happen from popish recusants,' as relates to the time for receiving the sacrament of the Lord's Supper now limited by the said act:" and whereas it is expedient that so much of the said several acts of Parliament as imposes the necessity of taking the sacrament of the Lord's Supper according to the rites or usage of the Church of England, for the purposes therein respectively mentioned should be repealed; Be it therefore enacted by the king's most excellent Majesty, recited acts as by and with the advice and consent of the lords spiritual and require the persons there- temporal, and commons, in this present Parliament assemin described bled, and by the authority of the same, that so much and such to receive the parts of the said several acts passed in the thirteenth and twenty-fifth years of the reign of King Charles the Second, and of the said act passed in the sixteenth year of the reign of King George the Second, as require the person or persons in the So much of sacrament, for certain pur poses, repealed. said acts respectively described to take or receive the sacrament of the Lord's Supper according to the rites or usage of the Church of England, for the several purposes therein expressed, or to deliver a certificate or make proof of the truth of such his or their receiving the said sacrament in manner aforesaid, or as impose upon any such person or persons any penalty, forfeiture, incapacity, or disability whatsoever for or by reason of any neglect or omission to take or receive the said sacrament, within the respective periods and in the manner in the said acts respectively provided in that behalf, shall, from and immediately after the passing of this act, be, and the same are hereby repealed. to be made in II. And whereas the protestant episcopal church of England Declaration and Ireland, and the doctrine, discipline, and government lieu of sacrathereof, and the protestant presbyterian church of Scotland, mental test. and the doctrine, discipline, and government thereof, are by the laws of this realm severally established, permanently and inviolably: and whereas it is just and fitting, that on the repeal of such parts of the said acts as impose the necessity of taking the sacrament of the Lord's Supper according to the rites or usage of the church of England, as a qualification for office, a declaration to the following effect should be substituted in lieu thereof; Be it therefore enacted, that every person who shall hereafter be placed, elected, or chosen in or to the office of mayor, alderman, recorder, bailiff, town-clerk, or common councilman, or in or to any office of magistracy, or place, trust, or employment relating to the government of any city, corporation, borough, or cinque port within England and Wales or the town of Berwick-upon-Tweed, shall, within one calendar month next before or upon his admission* into any of the aforesaid offices or trusts, make and subscribe the declaration following: "I A. B. do solemnly and sincerely, in the presence of God, Form of deprofess, testify, and declare, upon the true faith of a Christian, claration. that I will never exercise any power, authority, or influence which I may possess by virtue of the office of to injure or weaken the protestant church as it is by law established in England, or to disturb the said church, or the bishops and clergy of the said church, in the possession of any rights or privileges to which such church, or the said bishops and clergy are or may be by law entitled." III. And be it enacted, That the said declaration shall be Declaration to made and subscribed as aforesaid in the presence of such per- before magisbe subscribed son or persons respectively who, by the charters or usages of the said respective cities, corporations, boroughs, and cinque Reg. v. Humphery, 10 A. & E. 335. See ante, 1 & 2 Vict c. 5, further extended by 1 & 2 Vict. c. 15, as to the declaration to be made by Quakers, Moravians, and other Separatists. trates, &c. In case of neglect to make the declaration, election to be void *. Persons admitted into any office the sacrament declaration ports, ought to administer the oath for due execution of the said offices or places respectively, and in default of such, in the presence of two justices of the peace of the said cities, corporations, boroughs, and cinque ports, if such there be, or otherwise in the presence of two justices of the peace of the respective counties, ridings, divisions, or franchises wherein the said cities, corporations, boroughs, and cinque ports are; which said declaration shall either be entered in a book, roll, or other record to be kept for that purpose, or shall be filed amongst the records of the city, corporation, borough, or cinque port. IV. And be it enacted, That if any person, placed, elected, or chosen into any of the aforesaid offices or places, shall omit or neglect to make and subscribe the said declaration in manner above mentioned, such placing, election, or choice shall be void; and that it shall not be lawful for such person to do any act in the execution of the office or place into which he shall be so chosen, elected, or placed. V. And be it further enacted, That every person who shall hereafter be admitted into any office or employment, or who which hereto- shall accept from his Majesty, his heirs and successors, any fore required patent, grant, or commission, and who by his admittance into the taking of such office or employment or place of trust, or by his acceptshall make the ance of such patent, grant, or commission, or by the receipt of any pay, salary, fee, or wages by reason thereof, would by the within six months, or laws in force immediately before the passing of this act, have the appoint been required to take the sacrament of the Lord's Supper acment be void. cording to the rites or usage of the church of England, shall, within six calendar months after his admission to such office, employment, or place of trust, or his acceptance of such patent, grant, or commission, make and subscribe the aforesaid declaration, or in default thereof his appointment to such office, employment, or place of trust, and such patent, grant, or commission, shall be wholly void. Declaration to be made in Chancery or King's Bench, or at the quar the court of ter sessions. Proviso as to VI. And be it further enacted, That the aforesaid declaration shall be made and subscribed in his Majesty's High Court of Chancery, or in the Court of King's Bench, or at the quarter sessions of the county or place where the person so required to make the same shall reside; and the court in which such declaration shall be so made and subscribed shall cause the same to be preserved among the records of the said court. VII. Provided always, That no naval officer below the rank naval and mi- of rear admiral, and no military officer below the rank of malitary officers under certain jor-general in the army or colonel in the militia, shall be rerank, and to quired to make or subscribe the said declaration, in respect of officers of the his naval or military commission; and that no commissioner of customs, excise, stamps, or taxes, or any person holding any revenue. See Rez v. Parry, 14 East, 549, and ante, note to sect. 50 of 5 & 6 Will. 4, c. 76. See also Reg. v. The Mayor &c. of Cambridge, 4 P. & D. 294; and note to sect. 66 of 5 & 6 Will. 4, c. 76. of the offices concerned in the collection, management, or receipt of the revenues which are subject to the said commissioners, or any of the officers concerned in the collection, management, or receipt of the revenues subject to the authority of the postmaster-general, shall be required to make or subscribe the said declaration, in respect of their said offices or appointments: provided also, that nothing herein contained shall extend to require any naval or military officer, or other persons as aforesaid, upon whom any office, place, commission, appointment, or promotion shall be conferred during his absence from England, or within three months previous to his departure from thence, to make and subscribe the said declaration until after his return to England, or within six months thereafter. ties. VIII. And be it further enacted, That all persons now in the Persons now actual possession of any office, command, place, trust, service, of any office in possession or employment, or in the receipt of any pay, salary, fee, or which heretowages, in respect of or as a qualification for which, by virtue of fore required or under any of the before-mentioned acts or any other act or the sacrament the taking of acts, they respectively ought to have heretofore taken or ought confirmed in hereafter to receive the said sacrament of the Lord's Supper, such possession, and inshall be, and are hereby confirmed in the possession and en- demnified joyment of their said several offices, commands, places, trusts, from penalservices, employments, pay, salaries, fees, and wages, respectively, notwithstanding their omission or neglect to take or receive the sacrament of the Lord's Supper in manner aforesaid, and shall be, and are hereby indemnified, freed, and discharged from all incapacities, disabilities, forfeitures, and penalties whatsoever, already incurred, or which might hereafter be incurred, in consequence of any such omission or neglect; and that no election of, or act done, or to be done by such person, or under his authority, and not yet avoided, shall be hereafter questioned or avoided by reason of any such omission or neglect, but that every such election and act shall be as good, valid, and effectual, as if such person had duly received the said sacrament of the Lord's Supper in manner aforesaid. make the de IX. Provided nevertheless, That no act done in the execution Omissions of of any of the corporate or other offices, places, trusts, or com- persons to missions aforesaid, by any such person omitting or neglecting claration not as aforesaid, shall by reason thereof be void or voidable as to to affect the rights of any other person not privy to such omission or neglect, or render such last-mentioned person liable to any action or indictment. others not privy thereto. Applications for writs of prohibitions may be made on affidavit only. Contents of declaration in case the party hibition. 1 WILL. 4, Cap. 21. An Act to improve the Proceedings in Prohibition and on WHEREAS the filing a suggestion of record on application for a writ of prohibition is productive of unnecessary expense, and the allegation of contempt in a declaration in prohibition filed before writ issued, is an unnecessary form; and it is expedient to make some better provision for payment of costs in cases of prohibition; Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that it shall not be necessary to file a suggestion on any application for a writ of prohibition, but such application may be made on affidavits only; and in case the party applying shall be directed to declare in prohibition before writ issued, such declaration is directed to shall be expressed to be on behalf of such party only, and not, declare in pro- as heretofore, on the behalf of the party and of his Majesty, and shall contain and set forth, in a concise manner, so much only of the proceeding in the Court below as may be necessary to shew the ground of the application, without alleging the delivery of a writ, or any contempt, and shall conclude by praying that a writ of prohibition may issue: to which declaration may demur to the party defendant may demur or plead such matters by way of traverse or otherwise, as may be proper to shew that the writ ought not to issue, and conclude by praying that such writ may not issue; and judgment shall be given, that the writ of prohibition do or do not issue, as justice may require; and the party in whose favour judgment shall be given, whether on nonsuit, verdict, demurrer, or otherwise, shall be entitled to the costs attending the application and subsequent proceedings, and have judgment to recover the same; and in case a verdict shall be given for the party plaintiff in such declaration, it shall be lawful for the jury to assess damages, for which judgment shall also be given; but such assessment shall not be necessary to entitle the plaintiff to costs. Defendant declaration. Judgment. Damages, So much of 2 & 3 Ed. 6, c. 13, as re lates to prohi bition repealed. The enact ments of 9 II. And be it further enacted, That so much of an act passed in the second and third years of the reign of King Edward the Sixth, intituled, " An Act for payment of Tithes," as relates to prohibition, shall be, and the same is hereby repealed. III. And whereas the provisions contained in a certain act of Parliament passed in the ninth year of the reign of Queen Anne, c. 20, Anne, intituled, "An Act for rendering the proceedings upon relating to returns to writs Writs of Mandamus and Informations in the nature of a quo of mandamus warranto more speedy and effectual, and for the more easy tioned, and trying and determining the rights of offices and franchises in Corporations and Boroughs," relating to the writs of manda therein men |