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person to use his

off the roll.

s. 11.

qualified persons

practising.

s. 13.

Proviso as to

don.

s. 14.

Proviso as to proctors, &c.

Notary permit- permit his name to be used for or on account of any perting unqualified son not entitled to act as a notary, and complaint be name, &c. struck made in a summary way to the court of faculties upon oath, such notary shall be struck off the roll of faculties, and be disabled from practising as a notary, &c.; save as to any allowances or sums that shall be agreed to be made or paid to the widows or children of deceased notaries by the surviving partners. And by s. 11. in case Penalty for un- any person shall do any act appertaining to the function of a public notary, for gain, without being admitted and inrolled, he shall forfeit £50. By s. 13. persons applycompany of seri- ing for a faculty to become notaries within the jurisdicveners of Lon- tion of the company of scriveners of London, are required previously to take their freedom of said company. By s. 14. nothing in this act shall extend to proctors in ecclesiastical courts; nor to any secretary to any bishop, merely practising as such, nor to any person necessarily created a notary for exercising any office, or for performing any public duty under government, and not as a general practitioner provided, that nothing herein shall exempt any proctor, being also a public notary, from the penalties, &c. by this act imposed upon any notary who shall suffer his name to be used for the benefit of any person not entitled to act as a notary. And by s. 12 & 15 exceptions are made as to persons bound before the 1st day of January, 1801, or admitted notaries before the passing of this act. By s. 16. all penalties shall be recovered in court of record at Wesminster by action of debt, &c. by any person who shall sue for his own use, with full costs. But by s. 17. such action shall be commenced within 3, Limitation of ac calendar months after the fact, and shall be laid and tried in the county where the cause of action shall have arisen; and the defendant may plead the general issue; and shall have treble costs of verdict, nonsuit, discontinuance, or judgment upon demurrer. No statute has prescribed any qualification for becoming, or practising as, notaries 32Geo.3.c. 21. in Ireland, save that the 32 Geo. 3. c. 21. s. 1. Ir. pros. i. fr. vides, that any person professing the Roman catholic reQualification for notaries in ligion, may become a notary upon taking the oath of allegiance appointed by the 13 & 14 Geo. 3. c. 35. Ir. in

8

t

12 & 15.

Temporary

clauses.

s. 16.

Recovery of pe nalties.

tions.

s. 17.

Pleading.

Costs.

Ireland.

any

stead

stead of the oaths and declaration required by the 6 Ann. c. 6. Ir. and I Geo. 2. c. 20. Ir. to be taken and subscribed.

II. As to courts military: The 13 Ric. 2. st. 1. c. 2. E. & I. recites, that the constable and marshal had encroached to them contracts, covenants, trespasses, debts, and detinues, and many other actions pleadable at the common law; and for remedy thereof declares, that to the constable appertaineth conusance of contracts touching feats of arms and war out of the realm, and also of things which touch arms or war within the realm, which cannot be determined by the common law: And enacts, that every plaintiff shall fully declare his matter in his petition, before it be sent for any man to answer thereto: And if any man will complain that any plea is commenced before the constable and marshal, which might be tried by the common law, the plaintiff shall have a writ of privy seal directed to the constable and marshal, to surcease in that plea until it be discussed by the king's council, whether the matter pertain to that court, or be tried

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13 Fe. 2 st. 1.

c. 2. E. & L.

E. & I.

by the common law. It was also provided by the 8 Ric. 2. 8. Ric. 2. c. 5. c. 5. E. & I. that pleas which touch the common law should not be held before the constable and marshal.

And by

c. 5. E. & I.
15 Ric. 2. c. 3.

III. With respect to the maritime courts: The 13 Ric. 2. §. 3. st. 1. c. 5. E. & I. provides, that the admirals and their Jurisdiction of admiralty court. deputies shall meddle with nothing done within the 15 Ric. 2. st. 1. realm, but only with things done upon the sea. the 15 Ric. 2. c. 3. E. & I. of ali contracts, pleas, and E. & I. quarrels, and other things done within the bodies of counties, by land or by water, and of wreck of the sea, the admiral shall have no conusance, but they shall be tried and determined by the law of the land. [*But of the death of a man, aud of mayhem, done in great ships, being in the main stream of great rivers, beneath the bridges near to the sea, and in no other place of the same rivers, the admiral shall have conusance;] also to arrest ships in great flotes for the great voyages of the

A particular jurisdiction for the trial of marine felonies is established by the 28 Hen. 8. c. 15. Eng, which will be stated in another place.

F. & 1. Special action where jurisdie

Ron exceeded.

king and the realm, saving to the king his forfeitures; and shall have jurisdiction in such fleets during such voyages, saving to the lords, cities, and boroughs, their liberties. 2Hen. 4. c. 11. The 2 Hẹn. 4. c. 11. E. & I. recites the 13 Ric. 2. st. 1. c. 5. and enacts, that he that finds himself aggrieved against the form of said statute, shall have his action upon the case against him that so pursues in the admiralty, and recover double damages against him; and the same pursu ant shall incur the pain of £10. to the king if he be attainted. For avoiding of tedious suits in civil and marine causes, by reason of divers appeals permitted to be 8 Eiz. c. 5. made by order of the laws civil in such causes; the 8 Eliz. Eng. c. 5. Eng. provides, that every judgment and definitive Sentence of de- sentence in any civil or marine cause, upon appeal in legates final. chancery, by commissioners or delegates appointed by the king under the half seal, as heretofore used, shall 23 & 24 Geo.3. be final. And by the 23 & 24 Geo. 3. c. 14. s. 3. Ir. it shall be lawful for any person who shall be aggrieved by any sentence, order, or adjudication, of the high court of admiralty in this kingdom, to appeal to the king, or lord lieutenant, in chancery, in this kingdom; and upon such appeal the chancellor shall grant a commission or delegacy to some discreet persons of this kingdom under the great seal thereof; which commissioners, &c. shall have power to determine such appeals, as well in the principal matter, as all circumstances and dependants 2W. & M. st 2. thereon. By the 2 W. & M. st. 2. c. 2. Eng. the office of lord high admiral may be executed by commissioners.

c. 14. s. 3. Ir.

Upon appeal from the court of admiralty in Ireland, com missioners ap-pointed.

c. 4. Eng.

Commissioners

high admiral.

for executing the The office of lord high admiral does not exist in Ireland: office of lord But it is provided by the 8th article of the act for the 39 & 40 Geo. 3. union of Great Britain and Ireland, (39 & 40 Geo. 3, c. 67. Eng.

Ir.

Instance court of admirally in

40 Geo. 3. c.38. C. 67. Eng. and 40 Geo. 3. 38. Ir.) that from and after the union there shall remain in Ireland an instance court of admiralty for the determination of causes civil and maritime only; and that the appeal from sentences of the said court, shall be to his majesty's delegates in his court of chancery in this part of the united kingdom.

Ireland.

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CHAP. V.

Of Courts of a Special Jurisdiction.

As the forest laws have fallen into total disuse, I shall

§ 1.

merely refer to the statutes which relate to the jurisdic- Forest courts. tion of the forest courts, of which the first is the charta de foresta 9 Hen. 3. st. 2. E. & I. and the following English statutes 21 Edw. 1. st. 2. 33 Edw. 1. st. 5. 34 Edw. 1. st. 5. consuetud: et assisa de forest incert. temp. 1 Edw. 3. st. 1. c. 8. 1 Edw. 3. st. 2. c. 1 & 2. 25 Edw. 3. st. 5. c. 7. 7 Ric. 2. c. 3 & 4. 22 Edw. 4. c. 7. 31 Hen. 8. c. 5. 32 Hen. 8. c. 35. 16 Car. 1. c. 16, and 20 Car. 2. c. 3. also relate to this subject.

II. Commissioners of sewers were first established by the § 2. 6 Hen. 6. c. 5. E. & I. which authorized the chancellor Commissioners during 10 years, to issue commissions of sewers into all of sewers, parts of the realms, according to a form prescribed by this act. This statute was further enforced by the 8 Hen. 6. c. 3. E. & I. and made perpetual by the 6 Hen. 8. c. 10. Eng. several temporary statutes having been previously passed. But by the 23 Hen. 8. c. 5.Eng. a new form of commission is appointed to be directed, where need shall require, to such substantial persons as shall be named by the lord chancellor, and lord treasurer, and two chief justices, or by three of them, whereof the lord chancellor to be one. As the court of commissioners of sewers is but a temporary or occasional tribunal, I shall content myself with referring to these statutes, and to the 25 Hen. 8. c. 10. Eng. 3 & 4 Edw. 6. c. 8. Eng. 13 Eliz. c. 9. Eng. and 7 Ann. c. 10. Eng. for the particular nature and extent of the jurisdiction, powers, and duties of

these

§ 3.

Local jurisdic

tons.

E. & 1.

Testing within a

hold not there

of.

s. 3. lr.

these commissioners. To these statutes there are
analogous in Ireland.

none

III. It is also beside the purpose of this work to detail the provisions of the several statutes which respect the court of policies of assurance in London ; the court of the marshalsea and the palace court at Westminster; the courts of the principality of Wales; the court of the duchy chamber of Lancaster; the courts of the counties palatine of Chester, Lancaster, and Durham, and the royal franchise of Ely; the stannary courts in Devonshire and Cornwall; the chancellor's courts in the two universities; or the courts constituted in the city of London and other particular towns and districts in England and Ireland. But the following statutes relate 3 Edw. 1. c.35. to inferior jurisdictions in general. By the 3 Edw. 1. c. 35. E. & I. none (except the king's ministers) shall Penalty for ar- within a liberty attach any persons or their goods passing tiberty those that through the same, and holding nothing thereof, for any contracts, covenants, or trespasses, made or done out of such liberty, on pain to pay double damages to the party 36 Gen. 3. c.39. grieved, and a fine to the king. And by the 36 Geo. 3. c. 39. s. 3. Ir. no process shall be issued from any inferior court, to compel the appearance of any person who Affidavit required previous may be sued in the same, unless an affidavit shall be to issuing promade by or on behalf of the party who shall apply for such process, and filed in such court, that the cause of action has arisen within such jurisdiction, or that the person against whom such process is sued is then resident 29Geo. 2. c.19. within such jurisdiction. By the 29 Geo. 2. c. 19. Eng. s. 1. Eng. every person duly impannelled and summoned to serve Jurors compelled upon any jury, for the trial of any cause to be tried court of record within any city or corporate town in England, who shall not appear and serve on such jury, (after being called 3 times, and on proof on oath of the person so making default having been duly summoned shall forfeit such sum not exceeding 40s, nor less than 20s. as the judge of the court wherein such default is made shall impose; unless some just cause for such defaulter's absence be made appear by oath or affidavit to the satisfaction of the judge. And by s. 2. if any person on whom any fine is imposed in pursuance of this act,

cess, from inferior courts.

to attend infein rior courts of re

cord

5. 2.

any

refuse

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