Class XXXII.] Sessions: [No. IV.] 1 Geo. IV. c. 27.-An Act to Regulate the Appointment and Tenure of the Office of Clerk of the Peace in Ireland.-[30th June 1820.] [No. V.] 1 and 2 George IV. c. 36.-An Act for the better Regulation of the Public Notaries in Ireland.-[28th May 1821.] WHEREAS it is expedient to prevent illiterate and inexperienced per No. V. c. 36. sons being admitted or acting as public notaries in Ireland: Be it 1 therefore 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, Public notaThat from and after the first day of July one thousand eight hundred and ries to be duly twenty-one, no person in Ireland shall act as a public notary, or use and admitted. exercise the office of a notary, or do any notarial Act, unless such person shall have been duly sworn, admitted, and enrolled, in manner hereinafter directed, in the court wherein notaries have been accustomarily sworn, admitted, and enrolled. seven years; II. And be it further enacted, That from and after the said first day of No person July, no person shall be sworn, admitted, and enrolled as a public notary, shall be admit unless such person shall have been bound by contract in writing, or by in- ted unless he denture of apprenticeship, to serve as a clerk or apprentice for and during shall have the space of not less than seven years to a public notary duly sworn, admit- served as an ted, and enrolled, and for and during the said term of seven years shall have apprentice for continued in such service; and also unless every such person, who shall and if bound from and after the said first day of July be bound by contract in writing, after July 1, or indenture of apprenticeship, to serve as a clerk or apprentice to any unless affidavit public notary, shall within three months next after the date of every such of certain parcontract or indenture of apprenticeship, cause an affidavit to be made and ticulars be duly sworn by one of the subscribing witnesses, of the actual execution of made, which every such contract or indenture of apprenticeship by such public notary, shall be enroland by the person so to be bound to serve as a clerk or apprentice as afore- led in the prosaid; and in every such affidavit shall be specified the names of such public per court. notary, and of such person so bound, and their places of abode respectively, together with the day of the date of such contract or indenture of apprenticeship; and every such affidavit shall be sworn and filed within the time aforesaid, in the court where the public notary to whom every such person respectively shall be bound as aforesaid, shall have been enrolled as a notary, with the proper officer or officers, or his or their respective deputy or deputies, who shall make or sign a memorandum of the day of filing every such affidavit on the back or at the bottom of such contract or in- No person denture. fore such affiFaculties be davit shall be openly read in court. bound after III. And be it further enacted, That no person who shall after the said July 1, shall first day of July become bound as aforesaid, shall be admitted or enrolled be admitted to a public notary in the Court of Faculties for admitting and enrolling public the Court of notaries, before such affidavit shall be produced and openly read in such court, at the time of such person's admission and enrolment. IV. Provided always, and be it further enacted, That if any person shall have been before the said first day of July bound by contract in writing, or indenture of apprenticeship, to serve as a clerk or apprentice to a public notary, duly sworn, admitted, and inrolled, for a term less than seven years, it shall be lawful for the parties to such contract, by a further contract in writing duly executed by them, to enlarge the time of such service, and extend the same to the full term of seven years from the time of the original contract; and such person having actually served during the full term of seven years shall be entitled to be admitted and inrolled a public tract may be notary, in the same manner as he would have been entitled if the original entered into contract had been for the term of seven years; the facts of such con- for eularging seven years. tracts, and of such service for the full term of seven years, being proved the time to by affidavit to the satisfaction of the said Court of Faculties. But if bound before July 1, for a less time term than seven years, another con No. V. 1 & 2 G. IV. -c. 36. Officers for taking and filing affidavits. Officers filing V. And be it further enacted, That the following persons shall be deemed and taken to be the proper officers for taking and filing such affidavits ; (that is to say), the Lord Archbishop of Armagh, his commissary or commissioners for the time being. VI. And be it further enacted, That the officer filing such affidavits as aforesaid, shall keep a book wherein shall be entered the substance of such affidavit, specifying the names and places of abode of every such public notary and clerk, or person bound as aforesaid, and of the person making such affidavit, with the date of the contract or indenture of apprenticeship in such affidavit to be mentioned, and the days of swearing and filing every such affidavit respectively; and such officer shall be at liberty to take, at the time of filing every such affidavit, the sum of five shillings, and no Fee for filing, more, as a recompence for his trouble in filing such affidavit; and which book shall and may be searched in office hours by any person or persons whomsoever, upon payment of one shilling for such search. affidavits to enter the sub. stance in a book. 58. Book may be shall actually practise. Apprentice to be actually employed seven years in the business. Service of residue of seven years with other masters effectual. Apprentices bound after July 1, before admission, to file affidavits that they have really served seven years. If any notary shall act as used for the profit of any person not en VII. And be it further enacted, That from and after the said first day of July no public notary shall take, have, or retain any clerk or apprentice, who shall become bound as aforesaid, after such public notary shall have discontinued or left off, or during such time as he shall not actually practise or carry on the business of a public notary. VIII. And be it further enacted, That every person who shall, from and after the said first day of July, become bound by contract in writing or indenture of apprenticeship to serve any public notary, as hereby directed, shall, during the whole time and term of service to be specified in such contract or indenture of apprenticeship, or during the time and space of seven years thereof at least (if bound for a longer term than seven years), continue and be actually employed by such public notary in the proper business, practice, or employment of a public notary. IX. Provided always, and be it further enacted, That if any such public notary, to or with whom any such person shall be bound, shall happen to die before the expiration of such term, or shall discontinue or leave off such his practice as aforesaid; or if such contract or indenture of apprenticeship shall, by mutual consent of the parties, be cancelled; or in case such clerk or apprentice shall be legally discharged before the expiration of such term, and such clerk or apprentice shall in any of the said cases be bound by another contract or contracts, indenture or indentures in writing, to serve, and shall accordingly serve, in manner hereinbefore mentioned, as clerk or apprentice to any such public notary as aforesaid, during the residue of the said term of seven years, then such service shall be deemed and taken to be as good, effectual, and available, as if such clerk or apprentice had continued to serve as a clerk or apprentice for the said term of seven years to the same person to whom he was originally bound, so as an affidavit be duly made and filed of the execution of such second or other contract or contracts, within the time and in like manner as is hereinbefore directed concerning such original contract. X. And be it further enacted, That every person who, from and after the said first day of July, shall become bound as clerk or apprentice as aforesaid, shall, before he be admitted and enrolled a public notary according to this Act, make before and file with the proper officer hereinbefore for that purpose mentioned, that he hath actually and really served and been employed by such practising public notary or notaries to whom he shall have been bound as aforesaid, during the whole term of seven years, according to the true intent and meaning of this Act. XI. And be it further enacted, That from and after the said first day of July, if any public notary shall act as such, or permit or suffer his name to such, or permit be in any manner used, for or on account or for the profit and benefit of his name to be any person or persons not entitled to act as a public notary, and complaint shall be made in a summary way to the Court of Faculties wherein he hath been admitted and enrolled, and proof made upon oath to the satisfaction of the said court, that such notary hath offended therein as aforesaid, then and in such case, every such notary so offending shall be struck off the roll of faculties, and be for ever after disabled from practising as a public notary, or doing any notarial act, save and except as to any allowance or allowances, sum or sums of money, that are or shall be agreed to be made or titled to act as a notary, he shall be struck off the roll. Class XXXII.] Sessions. of any such No. V. 1&2 Geo.IV. c. 36. Penalty on Act not to ex- paid to the widows or children of any deceased public notary or notaries, by any surviving partner or partners of such deceased notary or notaries. XII. And be it further enacted, That from and after the said first day of July, in case any person shall in his own name, or in the name of any other person, make, do, act, exercise, or execute and perform any act, matter, or thing whatsoever, in anywise appertaining or belonging to the office, function, and practice of a public notary, for or in expectation gain, fee, or reward, without being admitted and enrolled, every person for every such offence shall forfeit and pay the sum of fifty pounds, to be sued for and recovered in manner hereinafter mentioned. XIII. Provided always, and be it further enacted, That this Act, or any thing herein contained, shall not be taken or construed to exclude any person from being sworn, admitted and enrolled a public notary, in the accustomable court aforesaid, who hath on or before the first day of July been bound, by contract in writing or indenture of apprenticeship, to serve as a clerk or apprentice to any public notary, for the term not less than seven years, notwithstanding that such term of seven years shall not expire till after the said first day of July; and provided that such clerk or apprentice shall actually serve for the remainder of the term of seven years: Provided always, that an affidavit shall be previously made and filed, in manner hereinbefore directed, of such actual service, of any term not less than seven years, to any such qualified notary; and every such person may, after the expiration of such term of seven years, and affidavit of such service having been previously made and filed as before directed, be sworn, admitted, enrolled to be a public notary, in the same manner as persons to be admitted, sworn, and enrolled public notaries, are hereby contract, &c. required to be sworn, admitted, and enrolled respectively; any thing in this Act contained to the contrary notwithstanding. bath been bound on or before July 1, for seven years to any notary, or any person who has actually served as clerk or apprentice seven not bound by years, though Act not to extend to proctors in ecclesiastical courts, bishops, &c. secretaries to XIV. Provided nevertheless, and it is hereby enacted, That nothing in this Act contained shall extend or be construed to extend to any proctor in any ecclesiastical court in Ireland, nor to any secretary or secretaries, to any bishop or bishops merely practising as such secretary or secretaries, or to any other person or persons necessarily created a notary public for the purpose of holding or exercising any office or appointment, or occasionally performing any public duty or service under government, or created a public notary for practising within a limited district, and not as general practitioner or practitioners; any thing hereinbefore contained to the contrary notwithstanding: Provided always, that nothing herein contained shall exempt or be construed to exempt any proctor, being also a public notary, or any person created a public notary for practising within a limited district only, from the pains, penalties, forfeitures, and disabilities by this Act imposed upon any public notary who shall permit or suffer his name to be in any manner used for or on account or for the profit and benefit of any person or persons not entitled to act as a public notary. XV. And be it further enacted, That nothing in this Act contained shall extend or be construed to extend to prevent any person, who on or before the passing of this Act shall have been duly admitted as a public notary, from acting as a public notary, or using or exercising the office of a notary, this Act, have or doing any notarial acts whatever, as fully as if such notary had been been admitted admitted, sworn, and enrolled pursuant to the regulations and provisions as notaries. of this Act. Nor to persons fore passing who, on or be XVI. And be it further enacted, That all pecuniary forfeitures and pe- Recovery and nalties imposed on any person or persons for offences committed against application of this Act, shall and may be sued for and recovered in any of his Majesty's penalties. Courts of Record at Dublin, by action of debt, bill, plaint, or information, where no essoign, protection, privilege, wager of law, or more than one imparlance shall be allowed, and wherein the plaintiff, or if he or she shall recover any penalty or penalties, shall recover the same for his or her own use, with full costs of suit. XVII. And be it further enacted, That if any action or suit shall be Limitation of brought or commenced for any thing done in pursuance of this Act, every Actions. such action or suit shall be commenced within three calendar months next after the fact committed, and not afterwards, and shall be laid and tried VOL. VIII. No. V. 1&2 Geo.IV. c. 36. in the county wherein the cause of action shall have arisen, and not elsewhere; and the defendant or defendants in such action or suit shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in General issue. pursuance and by the authority of this Act; and if the same shall appear to have been so done, or if any action or suit shall be brought after the time limited for bringing the same, or shall be laid in any other county, or place than as aforesaid, then the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited, or suffer a discontinuance of his, her, or their action or suit after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and shall have such remedy for the same, as any defendant or defendants hath or have for costs of suit in any other case by law. Treble costs. Public Act. No. VI. 7&8 Geo.IV. c. 67. XVIII. And be it further enacted, That this Act shall be deemed, adjudged, and taken to be a public Act, and shall be judicially taken notice of as such by all judges, justices, and other persons whomsoever, without specially pleading the same. [ No. VI.] 7 & 8 George IV. c. 67.-—An Act for the better Administration of Justice at the holding of Petty Sessions by Justices of the Peace in Ireland.—[2d July 1827.] WHEREAS the holding of petty sessions by justices of the peace in Ireland has been found conducive to a better administration of the laws, and to the general interests of his Majesty's subjects within that part of the United Kingdom: And whereas it is expedient to afford additional facilities for holding such petty sessions, and for securing a uniform and effectual mode of procedure therein: Be it therefore 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 and may be lawful to and for the justices of the peace, save and except within the county of Cork, within their respective jurisdictions, at the January sessions to be holden next after the passing of this Act, to divide the holding Petty county, county of a city, or county of a town, for which such sessions shall be holden, into such districts, for the purposes of this Act, as to them shall seem most expedient, fixing within every such district a place or places wherein the petty sessions shall be holden for such districts respectively. Counties, Cities, &c., divided into Districts for Sessions. Part of any County may not be in cluded in any District. Extent of District, and Place fixed for holding Petty Sessions, to be entered in the Crown Books, and certified to the Secreta. ries of Grand Juries. II. And whereas in certain parts of Ireland it may not be practicable to procure the constant attendance of a sufficient number of justices of the peace to constitute petty sessions; be it enacted, That in case the justices of the peace of any county so assembled shall be of opinion that any part of such county ought not to be included in any district for the purposes of this Act, it shall and may be lawful for such justices to make an order to that effect, and then and in such case the provisions of this Act shall not extend to such part or parts of any county as shall in such order be declared not to be included in any district. III. And be it further enacted, That an order in writing shall be made by the said courts of quarter sessions assembled as aforesaid, specifying the boundaries of each and every such district, and of every part or parts of any county which shall not be included in any district, and the names of every place fixed for the holding of petty sessions; which order shall be entered in the crown book by the respective clerks of the peace, and a certified copy of such order transmitted by such clerk of the peace to the respective secretaries to the grand juries, and shall be laid before the several grand juries at the spring assizes then next ensuing, and in the county of Dublin at the next ensuing presenting term, and shall be printed with the presentments granted at such spring assizes. IV. Provided always, That in case at any October quarter sessions, after the first of January in the year one thousand eight hundred and twentyeight, application in writing, in manner and form as in the schedule to this Act is set forth, under the hands and seals of five or more justices of the peace, or of three or more justices within any local jurisdiction, be made to the justices assembled, praying an alteration of any such district or petty sessions, or of the place or places wherein such petty sessions are holden, it shall and may be lawful to and for the said justices, within their respective jurisdictions respectively, save and except in the county of Cork, at the January sessions then next ensuing, to consider such application, and to make such order thereon respecting the alteration applied for as shall to such justices seem expedient, entering such order in the crown book, and transmitting the same to the respective secretaries to the grand juries, to be by them printed with the presentments as aforesaid : Provided always, whenever any such application shall be made at any October quarter sessions as aforesaid, that the clerks of the peace respectively shall give notice thereof, by affixing a copy of such application upon the court house doors within their several jurisdictions, and by advertising the same in like manner as such clerks of the peace are now required to advertise the time and place at which the courts of quarter sessions, or adjournments thereof, are to be holden. pur V. And whereas by an Act passed in the fourth year of his present Majesty's reign, intituled An Act to divide the County of Cork, for the pose of holding additional Sessions therein, the said county is divided into two parts; be it enacted, That for the purposes of carrying the present Act into execution within the said county, by dividing the said county into districts for the holding of petty sessions, and fixing the places wherein such petty sessions shall be holden, or making any alterations therein, the several Acts hereby directed to be done by the justices of the peace at the January quarter sessions, shall in the county of Cork be performed at a general meeting of magistrates of the said county to be held in the city of Cork on the second day of the summer assizes next after the passing of this Act, or next after the serving any such notice at the October quarter sessions as aforesaid. VI. And whereas for the due execution of justice on the borders of adjoining counties it has been found expedient to appoint some persons to be justices of the peace for two or more counties, and such justices have hitherto held petty sessions of the peace at some convenient place of one county on the borders of some other county or counties, and it might be attended with considerable inconvenience if such practice should be discontinued; be it therefore enacted, That it shall be lawful for the justices of the peace acting within any county, county of a city, or county of a town, in the execution of this Act, to appropriate any district of any such county adjoining any other county as part of a district of such adjoining county, wherein petty sessions shall be holden in pursuance of this Act, at such place as shall have been or shall be fixed for that purpose in pursuance of this Act, such place not being at a greater distance than five miles froin any part of the district in a different county to be annexed as aforesaid, and such annexation being made in the same manner as the appropriation of any district for the purpose of holding petty sessions of the peace is directed to be made by this Act; and such appropriation shall be entered and certified in the same manner as the several other districts within the same county are required to be entered and certified by this Act; and all other proceedings shall be had respecting such district as by this Act are provided concerning any other district within such county; and such appropriation shall also be certified to the court of quarter sessions for the county to or district of which such part of another county shall be so appropriated, and all proceedings shall be had thereupon as if such part of a county so appropriated to a district in another county had been within such last-mentioned county: Provided always, that such proceedings shall be only before justices of the peace qualified to act for the county to which such appropriated district shall properly belong, and shall be considered as if actually done within such county, |