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s. 11.

3. 13.

Proviso as to

don,

s. 14,

Notary permit- permit his name to be used for or on account of any perting ung ualified son not entitled to act as a notary, and complaint be person to use his name, &c, struck made in a summary way to the court of faculties upon off the roll.

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 no

taries by the surviving partners. And by s. 11. in case Penalty for un any person shall do any act appertaining to the function qualified persons pructising. 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 re

quired previously to take their freedom of said company.

By s. 14. nothing in this act shall extend to proctors in Proviso as to ecclesiastical courts ; nor to any secretary to any bishop, proctors, &c.

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 penal. ties, &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 exTemporary

ceptions are made as to persons bound before the Ist day of January, 1801, or admitted notaries before the passing

of this act. By s. 16. all penalties shall be recovered in Recovery of pe- any 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; Pleading

and the defendant may plead the general issue; and shall have treble costs of verdict, nonsuit, discontinuance, or judgment upon demurrer. No statute bas prescribed

any qual fication for becoming, or practising as, notaries 32Geo.3.c. 21. in Ireland, save that the 32 Geo. 3. c. 21. s. 1. Ir« pro

vides, that any person professing the Roman catholic reQualification for nottries in ligion, may become a notary upon taking the oath of alIrelunda legiance appointed by the 13 & 14 Geo. 3. c. 35. Ir. in

stead

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12 & 15.

clauses.

s. 16.

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tions.

Cos!s.

s. i. Ir.

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. $ 2. E. & I. recites, that the constable and marshal had en- Jurisdiction of

the court of chic croached to them contracts, covenants, trespasses, debts, valry. and detinues, and many other actions pleadable at the 13 ke st. 1.

c. 2. E. & d. 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 by the common law. It was also provided by the 8 Ric. 2. 8. Ric. 2. c. 5.

E. & I. c. 5. E. & I. that pleas which touch the common law sliould not be held before the constable and marshal.

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

almirally court, deputies shall meddle with nothing done within the 13 Ric. 2. st. 1. realm, but only with things done upon the sea. And the 15 Ric. 2. c. 3. E. & l. of all contracts, pleas, and 1. & 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, and 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

And by

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

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

E. & I.

c. 14. s. 3. Ir.

kiug 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 borouglıs, their liberties. 2lJen. 4. c. 11. The 2 Hen. 4.c. 11. E. & J. recites the 13 Ric. 2. st. 1. c. 5.

and enacts, that he that finds himself aggrieved against Special action s here jurisdie the form of said statute, shall have bis action upon the Ror exceeded.

case against him that so pursues in the admiralty, and recover double damages against him; and the same pursu. ant shall ineur the pain of £10. to the king if he be attainted. For avoiding of tedious suits in civil and ma

rine 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.

¢, 5. Eng. provides, that every judgment and definitive Sentence of de- sentence in any civil or marine cause, upon appeal in legates fimal. 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 Upon uppeal shall be lawful for any person who shall be aggrieved by from the court of admiralty in

any sentence, order, or adjudication, of the high court of Ireland, com- admiralty in this kingdom, to appeal to the king, or lord missioners

ap-pointed. 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 c. 8. Eng. Commissioners

of lord high admiral may be executed by commissioners. for erecuting the The office of lord high admiral does not exist in Ireland : high admiral, 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. 40Geo. 3. c.38. c. 67. Eng. and 40 Geo. 3. 38. Ir.) that from and after Ir.

the union there shall remain in Ireland an instance court Instance court of admirably in of admiralty for the determination of causes civil and maIreland

ritime 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.

СНАР. CHAP. V.

Of Courts of a Special Jurisdiction.

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

§ 1. merely refer to the statutes which relate to the jurisdic- Forest courts. tion of the forest courts, of wbich the first is the charta de foresta 9 Hen. 3. st. 2. E. & I. and tlie following English statutes 21 Edw. 1, st. 2. 33 Edw. 1. st. 5. 34 Edw. I. 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

of sewers. during 10 years, to issue commissions of sewers into all parts of the realms, according to a form prescribed by

This statute was further enforced by the 8 Hen. 6.c. 3. E. & l. 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 jurisdietion, powers, and duties of

these

this act.

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hald not there

these commissioners. To these statutes there are none

analogous in Ireland. $ 3.

III. It is also beside the purpose of this work to detail
Lineal jurisdic- 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 Westmin-
ster; 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 Dur--
ham, 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 Fdw. 1. c.35. to inferior jurisdictions in general. By the 3 Edw. ). E. & .

c. 35. E. & I. none (except the king's ministers) shall Penalty for ar- within a liberty attach any persons or their goods passing Liberty those that through the same, and holding nothing thereof, for any

contracts, covenants, or trespasses, made or done out of 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 sball be issued from any infeAffidavit re

rior court, to compel the appearance of any person who
quired previous may be sued in the same, unless an affidavit shall be
ceis
, from in- made 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. 8. 1. Eng.

every person duly impannelled and summoned to serve
Juror's compe!led upon any jury, for the trial of any cause to be tried
to attend infes in any court of record within any city or corporate town
rior of re-
cord,

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 de-
'faulter'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 iinposed in pursuance of this act,

S. 3. Ir.

Jerior courts.

refuse

$. 2.

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