XIII. Provided always, and be it enacted, That every Person No. 4. who shall be placed in any Corporation by Virtue of this Act, shall 13 Car. II. c. 1. upon his Admission take the Oath or Oaths usually taken by the The usual Oath. Members of such Corporation.

shall continue.

XIV. Provided also, and be it hereby enacted, That the Powers How long the Com granted to the Commissioners by Virtue of this Act, shall continue missioners' Power and be in Force until the Five and Twentieth of March, One Thousand Six Hundred Sixty-three, and no longer.

the General Issue,

XV. Provided, That if any Action, Bill, Plaint or Suit, shall Commissioners at any Time hereafter happen to be brought or commenced against sued may plead any Person or Persons nominated a Commissioner as aforesaid, for and recover Treble any Matter or Thing by them, or any of them, done by Virtue or in Costs. Pursuance of this Act, That then it shall be lawful to and for every such Person and Persons against whom such Action, Bill, Plaint or Suit shall be brought or commenced, to plead the General Issue, and to give this Act, or any other special Matter in Evidence; and if the Verdict shall pass with the Defendant or Defendants in any such Action, or the Plaintiff or Plaintiffs become nonsuit, or suffer any Discontinuance thereof, that in every such Case the Judge or Judges before whom the said Matter shall be tried, or be depending, shall by Force and Virtue of this Act allow unto the Defendant or Defendants his or their Treble Costs, which he or they shall have sustained by Reason of their wrongful Vexation in Defence of the said Action or Sait, for which the said Defendant or Defendants shall have like Remedy as in other Cases where Costs by the Laws of this Realm are given to the Defendants.

fices in Londoa saved.

XVI. Provided always, and it is hereby declared, That this Act Reversion of Of or any Thing therein contained, shall not extend or be to the Prejudice of any Person or Persons whatsoever, that hath any Reversion or Reversions of any of the Offices or Places belonging to the City of London, by Force or Virtue of any Order, Grant, Designation or Nomination of the Lord Mayor and Court of Aldermen of the said City heretofore respectively made or granted to him or them before the Times of the late Wars, for or in Respect of such Grant, Designation or Nomination only; any Thing in this Act to the contrary notwithstanding.

No. 5.

6 Anne, c. 21.-An Act for the avoiding of Doubts and Questions touching the Statutes of divers Cathedral and Collegiate Churches.

WH

THEREAS several Doubts and Questions have arisen, and may hereafter arise, in relation to the Validity and Force of 'the Statutes of divers Cathedral and Collegiate Churches, founded by King HENRY the Eighth, of famous Memory, which Doubts and Questions have been occasioned, partly by a Temporary Act of 'Parliament made in the first Year of the Reign of Queen MARY the First, in Relation to such Statutes made by the said late King HENRY the Eighth, and in order to defeat the true and pious Ends and Designs of the said Foundations, and partly by Reason of the 'known Loss of many Records and Evidences during the late Rebellion in this Kingdom: And whereas the said Doubts and Disputes may in Time not only turn to the great Disquiet and Prejudice of ' the said Foundations, but may prove a manifest Obstruction to the Peace, Order, good Government and Discipline of the Church,

6 Anne, c. £1,

1 M. 1. Sess. 3.

No. 5. ⚫ unless some speedy and effectual Remedy be provided ;' Be it there6 Anne, c. 21. fore enacted and declared by the Queen's most Excellent Majesty, by Statutes of Cathe- and with the Advice and Consent of the Lords Spiritual and Temporal, dral and Colleg ate and the Commons, in this present Parliament assembled, and by the Churches practised since the Restora. Authority of the same, That in all Cathedral and Collegiate Churches, tion of K Charles founded by the said King HENRY the Eighth, such Statutes as have II. to be good and been usually received and practised in the Government of the same

valid.

No Prosecution

9 March, 1707.

respectively, since the late happy Restoration of King CHARLES the Second, and to the Observance whereof the Deans and Prebendaries, and other Members of the said Churches, from the said Time have used to be sworn at their Installments or Admissions, shall be, and shall be taken and adjudged to be good and valid in Law, and shall be, and be taken and adjudged to be the Statutes of the said Churches respectively; nevertheless so far forth only as the same, or any of thein, are in no Manner repugnant to, or inconsistent with the Constitution of the Church of England, as the same is now by Law established, or the Laws of the Land.

II. Provided always, and be it further enacted by the Authority for non Observance aforesaid, That no Person or Persons shall at any Time hereafter be of Statutes before liable to any Prosecution, Censure, or Punishment whatsoever, for not having observed any of the Statutes hereby ratified and confirmed, or for having done any Thing contrary to the sante, on or before the ninth Day of March One Thousand Seven Hundred and Seven; any Thing herein contained to the contrary notwithstanding.

Queen may alter

revoke or enlarge

III. Provided always, and be it enacted, That it shall and may be lawful for her Majesty, during her Life (which God long preserve) the Statutes, and from Time to Time to alter, amend, correct, revoke, diminish, or enlarge the said Statutes, or any of them, and to make new Statutes and Ordinances for the said Cathedral and Collegiate Churches, and for resuming or settling the local Visitation of them, or any of them, in such Manner, from Time to Time, as to her Majesty shall seem

mike new ones, &c.

meet.

9 Anne, c. 20.

This Act is le

gally, clearly, and correctly drawn. It was drawn by

Mr. Just. Powell,

1 Bur. 407.

No. 6.

9 Anne, c. 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.

WHE

THEREAS divers Persons have of late illegally intruded 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 DeterFor the Intentioumination the Right of such Persons to the said Offices with the of this Act, (which Compass of the Year; and where such Offices were not annual is called the Man-Offices, it hath been found 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

1 Blac 95

damus Act,) see Bur. 2120

No. 6.

9 Anne, c. 2.

Persons, who had a Right to such Offices, or to be Burgesses or 'Freemen of such Cities, Towns Corporate, Boroughs, or Places, have either been 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 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 from and after Returns to Writs. the first Day of Trinity Term, in the Year of our Lord One Thou- of Mandamus out sand Seven Hundred and Eleven, where any Writ of Mandamus shall of issue out of the Court of Queen's Bench, the Courts of Sessions of be made to the Counties Palatine, or out of any the Courts of Grand Sessions in first Writ. Wales, in any of the Cases aforesaid, such Person or Persons, who the Laws of this Realm are required to make a Return (1) to such

it of Mandamus, shall make his or their Return to the first Writ Mandamus.

the Queen's Bench, &c. shall

As soon as the

the Prosecutor in

may

the Person return

How the Proceed

11. And be it further enacted by the Authority aforesaid, That from and after the said first Day of Trinity Term, as often as in any of the Cases aforesaid, any Writ of Mandamus shall issue out of any of Return is made, e said Courts, and a Return shall be made thereunto, it shall and such Writ may be lawful to and for the Person or Persons suing or prosecuting plead, &c. to which ach Writ of Mandamus, to plead to, or traverse all or any the mate- ing may reply, &c. al Facts contained within the said Return; to which the Person or Persons making such Return shall reply, take Issue, or demur; and sach further Proceedings, and in such Manner shall be had therein, for the Determination thereof, as might have been had if the Person of 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 ings shall be. the same in such Place, (2) as an Issue 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, of by Nil dicit, or for Want of a Replication or other Pleading, he or they shall recover his or their Damages and Costs, (3) in such Manner, as he or they might have Cone in such Action on the Case as 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 buch Return to such Writ, he or they shall recover his or their Costs of Suit, to be levied in Manner aforesaid.

whom Damages

Provided always, That if any Damages shall be recovered by Persons against mae of this Act against any such Person or Persons making such wall be recove Return to such Writ, as aforesaid, he or they shall not be liable to be or liable to be sucd

Lyme Regis, Doug. 149.
As to the Certainty required in such Return, see Rex v. Mayor of

(2) If the Prosecutor alleges all the material Facts in one County, he Tot issue the Venire into another.-Rex v. Mayor of Newcastle-uponTyne, 1 East, 114.

As Part of the Verdict, and the Omission cannot be supplied by Writ of (3) The Damages to which the Costs are consequential must be given Inquiry. But a Venire de novo must be awarded.-Kynaston v. Mayor, &c

of Shrewsbury, 2 Strange, 1051.

in other Actions.

No. 6.

9 Anne, c. 20.

How Informations

Quo Warranto may

against such

Offices, &c.

2 Bur. 859.

sued in any other Action or Suit, for the making such Return; any Law, Usage, or Custom to the contrary thereof in any wise notwithstanding. IV. And be it further enacted by the Authority aforesaid, That in the Nature of from and after the said first Day of Trinity Terin, in case any Person may be exhibited or Persons shall usurp, intrude into, or unlawfully hold and execute as any of the said Offices or Franchises, it shall and may be lawful to intrude &c. into and for the proper Officer in each of the said respective Courts, with the Leave of the said Courts respectively, to exhibit one or more 3 Eur 1615 1812. Information or Informations in the Nature of a 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, (4) so usurping, intruding into, or unlawfully holding and executing any of the said Offices or Franchises, (5) 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, (6) 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 any wise notwithstanding.

Judgment of Ouster shall be given azaust Persons

&c.

V. And be it further enacted and declared by the Authority aforesaid, That from and after the said first Day of Trinity Term, in found guilty of case any Person or Persons, against whom any Information or Inforsuch Usurpation, mations in the Nature of a Quo Warranto shall in 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 and the Relator respectively, for his or their usurping, intruding into, or unlawfully shall recover Costs holding and executing any of the said Offices or Franchises; and also If Judgment be it shall and may be lawful to and for the said Courts respectively, to given for the De- give Judgment, That the Relator or Relators, in such Information have Costs against named, shall recover his or their Costs (7) of such Prosecution; and if

fendant, he shall

the Relator.

(4) There can be no Information upon this Act against the Corporation itself, as a Body.-Rex v. Corporation of Carmarthen, 2 Bur. 869.

(5) The Act only extends to Corporation Offices: a Fair or a Market is not within the Intention or Construction of it. As to an Information at Common Law, see Rex. u. Marsden et alt. 3 Bur. 1812.

(6) The Court would direct a Consolidation of Informations, though the Prosecutor might judge it inconvenient, unless it were shewn to be so.Rex. v. Alt. 1 Burr. 573.

(7) An Information for presuming to hold a Court without Authority is good at Common Law, but does not entittle to Costs under this Act, which relates only to Corporate Rights, or Rights to Freedom in Corporations. Rex v. Williams, 1 Burr. 402. 1 Bl. 93. So the Prosecutor of a Quo Wraranto Information, against a Constable, is not entitled to Costs.-Rex v. Wallis 5 T. R. 375. See also Rex v. Richardson, 9 East, 469.

Judgment shall be given for the Defendant or Defendants in such Information, he or they, for whom such Judgment shall be given, shall recover his or their Costs therein expended against such Relator or Relators; such Costs to be levied in Manner aforesaid. (8)

No. 6.

9 Anne, c. 20.

Time to return a

VI. And be it further enacted and declared by the Authority The Court may aforesaid, That it shall and may be lawful to and for the said Courts allow a convenient respectively, to allow to such Person or Persons respectively, to Mandamus, plead whom any Writ of Mandamus shall be directed, or against whom any Reply, &c. Information in the Nature of a Quo Warranto, in any of the Cases aforesaid, shall be sued or prosecuted, or to the Person or Persons who shall sue or prosecute the same, such convenient Time respectively, to make a Return, plead, reply, rejoin, or demur, as to the said Courts respectively shall seem just and reasonable; any Thing herein contained to the contrary thereof in any wise notwithstanding. VII. And be it further enacted by the Authority aforesaid, That all the Statutes of after the said first Day of Trinity Term, an Act made in the fourth Jeofayles, shall be Year of her Majesty's Reign, intituled, An Act for the Amendment of extended to Whits the Laws, and the better Advancement of Justice, and all the Statutes 32 H. VIII. c. 30 of Jeofayles, shall be extended to all Writs of Mandamus, and In- 18 Ml. c. 14. 37 formations in the Nature of a Quo Warranto, and Proceedings thereon, for any the Matters in this Act mentioned. (9)

4 Annæ, c. 16, and

of Mandamus, &c.

El c. 5 21 Ja 1. c. 13 16 & 17 Car. II. c. 28.

Election of his

VIII. And whereas in divers Counties, Boroughs, Towns Corporate, and Cinque-Ports, where the Mayor, Bailiff, or other Officer or Officers, to whom it belongs to preside at the Election, ' and make Return of any Member to serve in Parliament, ought to be 'annually elected, the same Person hath been re-elected into such Office for several Years successively, which hath been found in* convenient;' Be it enacted and declared by the Authority aforesaid, That no Person or Persons, who hath been or shall be in such annual No annual return. ing Officer shall be Office, for one whole Year, shall be capable to be chosen into the same re-elected; and Office for the Year immediately ensuing and where any such annual such annual OffiOfficer or Officers is or are to continue for a Year, and, until some cer obstructing the other Person or Persons, shall be chosen and sworn into such Office, Successor, to for if any such Officer or Officers shall voluntarily and unlawfully feit 1001. obstruct and prevent the choosing another Person or Persons to succeed into such Office at the Time appointed for making another Choice, shall forfeit one hundred Pounds for every such Offence, to be recovered with Costs of Suit, by such Person as will sue for the same in any of her Majesty's Courts of Record before mentioned, by Action of Debt, Bill, Plaint, or Information, wherein no Essoin, Protection, or Wager of Law shall be allowed, nor any more than one Imperlance; one Moiety thereof to her Majesty, and the other Moiety thereof to him or them that will sue for the same.

(8) In Rex v. Morgan, 2 Strange, 1041, it was held, that a Relator, not proceeding to Trial within a Year, was only liable to Costs upon his Recognizance, for not Proceeding to Trial under Statute 405 William & Mary, c. 18, and not to general Costs under this Statute, there being no Verdict or Judgment; but in Rex v. Powell, it was held, that where the Relator does not proceed to Trial pursuant to Notice, it is within the Equity of this Statute, and he shall pay Costs as in Rex v. Powell, 1 Strange, 33.

(9) This Section did not enable a Defendant to an Information, in the Nature of Quo Warranto, to plead several Matters-Rex v. Archbishop of York, Willes, 533-but such Power is given by 32 G. III. c. 58, Post No. 12.