ties to appear before two or more justices, as in the 7Geo.3.

c. 21. is set forth.

in respect to

tended to £10.

P. 84. l. 18. The 53 Geo. 3. c. 127. s. 4. E. & W. Jurisdiction of recites [*the 7 & 8 W. 3. c. 6. Eng.] and amends it by Justices of peace providing, that the justices of peace (whose jurisdiction small tithes exwas limited to 40s. by that act) shall, after the passing of 55 Geo.3.c.127. this act, (12 July, 1813) be authorized and required to s. 4. E. & W. hear and determine all complaints touching tithes, oblations and compositions substracted or withheld, where the same shall not exceed £10 in amount from any one person, in all such cases and by all such means, and subject to all such provisions and remedies, by appeal or otherwise, as contained in the said act [*of king William,] touching small tithes, &c. not exceeding 40s.: Provided also that one justice of the peace shall be competent to re- Sufficient for ceive the original complaint, and to summon the parties one justice to to appear before two or more justices of the peace, as [*in

sign summons.

the 7 & 8 W. 3.] is set forth. And by s. 5. no action shall s. 5. be brought for the recovery of any penalty for the not Suits for tithes to be brought setting tithes, nor any suit instituted in any court of within 6 years. equity, or in any ecclesiastical court, to recover the value of any tithes, unless such action shall be brought or such suit commenced within 6 years from the time when such

tithes became due. The 54 Geo. 3. c. 68. I. contains the 54Geo. 3. c. 68. I.

same provisions with respect to the recovery of tithes and Corresponding other ecclesiastical dues of small value in Ireland, save act. that this latter act refers to the 1 Geo. 2. c. 12. Ir. instead

of the 7 & 8 W. 3. c. 6. Eng. And the 54 Geo. 3. c. 68.

I. also recites the 7 Geo. 3. c. 21. Ir.

communication

E.

P. 92. 1. 22. The 53 Geo. 3. c. 127. E. provides, that Process of exexcommunication, together with all proceedings following abolished, save thereupon, shall, in all cases, save those hereafter to be in certain cases. specified, be discontinued throughout [* England ;] and that 55 Geo.3.c. 127. in all causes which are cognizable in the ecclesiastical * “Ireland” in courts, when any person having been duly cited to appear in any ecclesiastical court, or required to comply with the lawful orders or decrces, as well final as interlocutory, of any such court, shall neglect or refuse to appear, or ne

glect,

*The 54 Geo. 5. c. 68. I. refers, herc, to the 1 Geo. 2. c. 12. Ir.

54 Geo, 5.c, 68,

tuted for excommunication.

glect, &c. to pay obedience to such orders, &c. or when any person shall commit a contempt in the face of such court, no sentence of excommunication shall be given or pronounced, save in the cases hereafter to be specified; but instead thereof, it shall be lawful for the judges or judge who issued out the citation, or whose làwful orders, &c. have not been obeyed, or before whom such contempt shall have been committed, to pronounce such person con. tumacious and in contempt, and within 10 days to signify the same in the form to this act annexed, to his majesty in chancery, as hath heretofore been done in signiIn cases of confying excommunications; and thereupon a writ de contutempts, &c. writ mace capiendo, in the form to this act annexed, shall isde contumace capiendo substi- sue from the court of chancery, directed to the same persons, and returnable in the same manner, as the writs de excommunicato capiendo have heretofore been directed and returnable, and shall have the same force and effect as said writ; and all rules and regulations not hereby altered, now by law applying to the said writ and proceedings thereupon, and particularly the provisions contained in the 5 Eliz c. 23. Eng. shall be applied to the writ de contumace capiendo, and the proceedings following thereupon; and the proper officers in chancery are hereby Officers of chan- required to issue such writ de contumace capiendo accordsue this wru; ingly; and all sheriffs, gaolers, and other officers are reand sheriff's, &c. quired to execute the same, by taking and detaining the body of the person against whom said writ shall be directed to be executed; and upon the due appearance of the party so cited and not having appeared as aforesaid, or the obedience of the party so cited and not having obeyed as aforesaid, or the due submission of the party so having committed a contempt in the face of the court, the judges or judge of such court shall pronounce such party absolved party absolved from the contumacy and contempt aforefrom contempt, said, and shall forthwith make an order upon the discharge him sheriff, &c. in whose custody he shall be, in the form on payment of to this act ́ annexed, for discharging such party out of custody; and such sheriff, &c. shall, on the said order being shewn to him, so soon as such party shall have discharged the costs lawfully incurred by reason of

cery how to is

how to execute

it.

Upon judges pronouncing

sheriff. &c. to

costs.

such

6.2.

sentences, or in

s. 3.

ty, c. incurred

months.

such custody and contempt, forthwith discharge him.
Provided (s. 2.) that nothing in this act shall prevent any
ecclesiastical court from pronouncing or declaring per- Persons diso-
sons to be excommunicate in definitive sentences, or in beying definitive
interlocutory decrees having the force of definitive senten- terlocutory de-
crees, may be
ces, such sentences or decrees being pronounced as spiritual excommunica-
censures for the offences of ecclesiastical cognizance, in the ted.
same manner as such court might have pronounced
the same had this act not been passed.
And by
by s. 3. no person who shall be so pronounced excommu- No civil penal-
nicate, shall incur any civil penalty or incapacity in by being excom-
consequence of such excommunication, save such impri- municated but
party imprison-
sonment, not exceeding 6 months, as the court declaring ed for time not
such person excommunicate shall direct, and in such exceeding 6
case the said excommunication, and the term of such im-
prisonment, shall be signified or certified to his majesty
in chancery, in the same manner as excommunications
have been heretofore signified; and thereupon the writ
de excommunicato capiendo shall issue, and the usual pro-
ceedings shall be had, and the party being taken into
custody shall remain therein for the term so directed, or
until he shall be absolved by such ecclesiastical court.
By s. 12. if any action or suit shall be brought for any
thing done in pursuance of this act, such action, &c. shall What limita-
be commenced within 3 calendar months after the fact
tion, pleading,
and costs in ac-
committed, and shall be laid and tried in the city or tions brought
county wherein the cause of action shall have arisen, and in pursuance of
not elsewhere; and the defendant shall and may plead this act.
the general issue, and give this act and the special matter
in evidence, and that the same was done in pursuance of
this act; and if the same shall appear to have been so
done, or if any action, &c. shall be brought after the time
above limited, or shall be laid in any other place than as
aforesaid, then the judge shall find for the defendant;
and the defendant shall have treble costs upon such ver-
dict, or in case of nonsuit, or discontinuance, or of judg-.
ment against plaintiff upon demurrer.

s. 12.

for things done

Schedule

Significavit of party being

contumacious

Schedule to which this act refers.

SCHEDULE (A.)

To his most excellent majesty and our sovereign lord George the third, by the grace of God of the united

and in contempt kingdom of Great Britain and Ireland king, defender of by divine providence, &c.

the faith,
health in him by whom kings and princes rule and govern :
We hereby notify and signify unto your majesty, that one
in the county of

of

1

hath been duly pronounced guilty of manifest contumacy
and contempt of the law and jurisdiction ecclesiastical, in
not [as the case may be,] appearing before [here set out the
stile of the ecclesiastical judge, or his representative,] or in
not obeying the lawful commands, [here set out the com-
mands,] of [such judge or representative,] or in having
committed a contempt in the face of the court of [such
judge or representative,] lawfully authorized by [here set
out the nature and manner of such contempt,] on a day and
hour now long past, in a certain cause of [here set out
the nature of the cause, and the names of the parties, to
the same.] We therefore humbly implore and entreat your
said most excellent majesty would vouchsafe to command
the body of the said
to be taken and im-

མ་

A. B. registrar [or deputy registrar as the case may be.]

festly contumacious and contemns the jurisdiction and
authority of
[here fully state the non-appear-

ance, disobedience, together with the commands disobeyed,
or the contempt in the face of the court, as the case may be,]
nor will he submit to the ecclesiastical jurisdiction; but
forasmuch as the royal power ought not to be wanting to.
enforce such jurisdiction, we command you that you attach
the said
by his body, until he shall have
made

made satisfaction for the said contempt; and how you

shall execute this our precept notify unto

and in no wise omit this, and have you there this writ. Witness ourself at Westminster, the

day of

in the

year of our reign.

SCHEDULE (C.)
of

Whereas

of

in your county Writ of delive

whom lately, at the denouncing of for contumacy, and by writ issued thereupon, you attached by his body until he should have made satisfaction for the contempt; now he having submitted himself, and satisfied the said contempt, we hereby empower aud command you, that without delay you cause the said

to be delivered out of the prison in which he is so detained, if upon that occasion and no other he shall be detained therein. Given under the seal of our

of

A. B. registrar, [or deputy registrar, as the case may be,]
Extracted by E. F. proctor.

The 54 Geo. 3. c. 68. I. contains provisions for the better
regulation of ecclesiastical courts in Ireland, correspond-
ing to those of the 53 Geo. 3. c. 127. E. supra.

rance.

Of Wrongs and their Remedies respecting the Rights of Persons.

C. B. and Exc.

P. 106. l. 9. The 56 Geo.3. c.100. U.K. recites that the Judges of K. B. provisions of the Habeas Corpus act, 31 Car. 2. c. 2. Eng. shall issue writ and 21 & 22 Geo.3.c.11.Ir. only extend to cases of com- of habeas corpus ad subjicienmitment or detainer for criminal or supposed criminal dum, in vacatimatter; and for extending the remedy of such writ en-bable ground for acts, that where any person shall be confined or restrained complaint.

VOL. II.

2 D

of

on, where pro

56 Geo,3.c.100. U.K.