of any office, commission, place, or employment in or under any public department, every such person, and every person who shall wilfully and knowingly aid, abet, or assist therein, shall be guilty of a misdemeanor. By s. 6. if any person shall advertise or publish, (or cause, Penalty for ad- &c.) any house, room, office, or place, to have been or vertising others, to be opened, set up, or kept for any of the purposes for the purposes aforesaid, or advertise, &c. the name of any person as aforesaid. s. 6. &c. to be kept s. 7. Offices excepted. broker, agent, or solicitor for any of the purposes aforesaid, or print, (or cause, &c.) any advertisement or proposal for any of the purposes aforesaid, such person shall forfeit £50. to be recovered in any court of record at Westminster, as to offences committed in England, or at Dublin as to offences committed in Ireland, or in Scotland as to offences committed in Scotland; and the whole of such penalty shall go to the person who shall sue for the same, with full costs. Provided (s. 7.) that nothing in this act shall extend to any purchases, sales, or exchanges of any commissions or appointments in the band of gentlemen pensioners, or in his majesty's yeoman guard, or in the marshalsea, and the court of the king of the palace of the king at Westminster; or extend to any purchases, sales, or exchanges of any commissions in his majesty's forces, for. such prices as shall be fixed by any regulation made or to be made by his majesty in that behalf, or to any act done in relation thereto, by any agents, provided that such agents shall be agents of regiments authorized by the commander in chief of his majesty's forces, or by the colonels or commandants of regiments or corps, and shall act therein under such regulations only as are or shall from time to time be established by his majesty, and shall not cause or procure, or knowingly permit to be printed or advertised, any advertisement or proposal for any purchase or sale, or exchange of any commission, or any negociation relating thereto, and shall not receive any money, &c, or any promise, &c, or, by any way, contract; or agree to receive any money, &c, for acting in such bes. 8. half. Provided (s. 8.) that every officer in his majesty's forces who shall receive or pay, or agree to pay, any Proviso. larger larger sum of money, directly or indirectly, than what is allowed by any regulations made by his majesty in relation to the purchase, sale, or exchange of commissions in his majesty's forces, or who shall pay (or cause, &c.) any sum of money to any agent or broker, or other person, for negociating the purchase, or sale or exchange of any such commission, shall, on being convicted thereof by a general court martial, forfeit his commission, and be cashiered; and such commission shall be sold, and half the regulated value (not exceeding £500.) shall be paid to the informer, and the other half, or the remainder, if more than £500. shall be applied as his majesty shall direct, by any regulation made in that behalf: Provided also, that every person who shall sell his commission in his majesty's forces, and not continue to hold any commission therein, and shall upon such sale receive any money, &c. or any promise, &c. or shall by any means contract or agree to have any money, &c. beyond the regulated price or value of the commission sold, and also every person who shall willingly or knowingly aid, abet, or assist such person therein, shall be deemed guilty of a misdemeanor. By s. 9. nothing in this act shall extend to any office excepted from the provisions of the 5 & 6 Edw. 6. c. 16. against buying and selling of offices, Proviso as to or to any office which was legally saleable before the sales, &c. lateful before the passing of this act, and in the gift of any person by vir- passing of this tue of any office by which such person is or shall be possessed under any patent or appointment for his life, or to render invalid, or in any manner to affect any promise, agreement, covenant, contract, bond, assurance, or trust, entered into or declared before the passing of this act, and which before the passing thereof was a valid promise, &c. in law or equity, or to any money paid, or to any act done in pursuance of such promise, &c. And by s. 10. nothing in this act shall make void any deputation to any office, in any case in which it is lawful to appoint a deputy, or any agreement, contract, bond, Proviso as to deputations, &c. or assurance, lawfully made in respect of any allowance," salary, or payment made or agreed to be made by or to such principal or deputy, out of the fees or profits of such act. s. 9. s. 10. s. 11. Proviso as to re s. 12. Sale of office of cery, or six clerk hibited. master's name such office. And by s. 11. nothing in said act or in this act, shall extend to any annual reservation, charge, or servations out of payment made or required to be made out of the fees, the fees, c. of, perquisites, or profits of any office, to any person who offices. shall have held such office, in any commission or appointment of any person succeeding to such office, or to any agreement, &c. made for securing such reservation, &c.: Provided that the amount of such reservation, &c. and the circumstances under which the same shall have been permitted, shall be stated in the commission, patent, warrant, or instrument of appointment of the person so succeeding to and holding such office, and paying or securing such money as aforesaid. And this act recites, (s. 12.) that the parliament of Ireland never enacted any provisions similar to those of the 5 & 6 Edw. 6.; and master in chan- therefore provides, that it shall be lawful for the masters in Ireland, pro. and six clerks, and first and second examiners of the court of chancery in Ireland, (except *George Ellis Esq. * The present one of the masters of said court,) so to proceed touching is Thomas Ellis the disposition and appointment of their offices, as hath been accustomed; but that after the death, resignation, or removal of each of them, and the actual appointment of any person in the stead of them so dying, &c. the provisions of the 5 & 6 Edw. 6. and of this act, shall be applicable to the said respective offices. By s. 13. every person who shall commit in Scotland any offence against Offences in Scot- this act, which is constituted a misdemeanor, shall be liable to be punished by fine and imprisonment, or by the one or the other of such punishments as the judge, &c. may direct. And by s. 14. all offences committed against the 5 & 6 Edw. 6. or this act, by any governor, lieutenant governor, or person having the chief command, civil or military, in any of his majesty's dominions, or his secretary, shall be inquired of, &c. in the king's bench at Westminster, in like manner as offences committed by persons holding public employments abroad, may be prosecuted under the provisions of the 42 Geo. 3. c. 85. G. B. Provided (s. 15.) that nothing in the 5 & 6 Edw. 6. or this act, shall extend to Gibraltar, Malta, or any place in the Mediterranean, until 3 s. 13. land, how pun ished. s. 14. Offences com mitted abroad, where tried. .15. Act from what time to take effect. months; months; or to any of his majesty's dominions in America or the West Indies, until 4 months; or to the Cape of Good Hope, the island of St. Helena, or any part of Africa, until 6 months; or to any of his majesty's dominions in the East Indies, or beyond the Cape of Good Hope, until 12 months after the passing of this act. s. 2. 1. Emblements. Ir. when recovered by civil bill P 458. l. 4.-The 20 Hen. 3. c. 2. E. & I. provides, 20 Hen. 3. c.2. that widows may bequeath the crop of their ground, as well of their dowers as of other their lands and tenements, saving to the lords of the fee all such services as be due. P. 469. l. 7.-The 25 Geo. 2. c. 13. Ir. provides (s.1.) 25 Geo.2. c.13. that where the sum demanded as double the yearly value of any lands, &c. held over and detained contrary to the Double value 11 Ann. c. 2. s. 1. Ir. shall not exceed £20. the landlord or lessor, his heirs, executors, administrators, or assigns, against overholding tenants. or such person to whom the immediate reversion of such lands, &c. expectant on the determination of such lease, shall belong, may recover the said sum by civil bill, before the justices of assize of the respective counties, or before the justices of the quarter sessions for the county, or county of the city of Dublin, in case the lands, &c. so held over, do lie within either of the two last mentioned counties. &c. or assigns, Provided (s. 2.) 32Geo.3. c.32. What interest in mortgages. P. 471. l. 2.-By the 32 Geo. 3. c. 32. Ir. all mortgages made to or in trust for aliens born out of the alle- ir. giance of the king, shall be valid, whether the sovereign of such alien, or the state to which he belongs, be at aliens shall have peace or at war with the king; and such alien may transmit or assign such mortgage to his heirs, in like manner as natural born subjects. that it shall not be lawful for such alien, his heirs, &c. to enter into possession of any such lands, &c. in consequence of any omission on the part of the mortgagor, his heirs, &c. to redeem such mortgage pursuant to the terms thereof, but such mortgage so long as it shall continue to be the property of any such alien, shall be deemed to be only a pledge and security for the debt. But by s. 3. it shall be lawful for every such alien to proceed by bill or petition in any court of equity for the recovery F 6 Ann. c. 3. Ir. Aid to deraign warranty: 47 Geo.3. st. 2. c. 24. U. K. cheated, &c. for recovery of such debt, as well principal as interest, as natural born subjects may do. P. 479. l. 13.-The 6 Anu. c. 3. Ir. perpetuates the 9 W. 3. c. 12. and further provides, that joint-tenants or tenants in common, and their heirs, after partition made, shall have aid of the other, or of their heirs, to deraign the warranty paramount, and to recover for the rate, as is used between coparceners after partition made by order of the common law. P. 489. l. 36.-The 47 Geo. 3. st. 2. c. 24. U. K. enacts, that where the king hath or shall, in right of his King may grant crown or of his duchy of Lancaster, become entitled to lands, Gees- any freehold or copyhold manors, lands, &c. either by what purpose. escheat for want of heirs, or by reason of any forfeiture, or that the same had been purchased by or for the use of or in trust for any alien, it shall be lawful for the king, by warrant under his sign manual, or under the seal of the duchy of Lancaster, (according to the nature of the title) to direct the execution of any trusts or purposes to which the same may have been directed to have been applied, and to make grants of such manors, lands, &c. or any rents or profits then due to the king, to any trustee or otherwise for the execution of any such trusts, &c. or to any person for the purpose of restoring the same to any of the family of the person whose estates the same had been, or of carrying into effect any intended grant, conveyance, or devise of any such person in relation thereto, or of rewarding any person making misprinted, discovery of any such [*escheat,] or of his majesty's title thereto, as to the king shall seem fit. "estreat." 43Geo.3.c.107. G. B. Grants of king to governors of queen Anne's Lounty. Edw. 1.st. 3. Praying in aid. P. 511. . 16.-The 43 Geo. 3. c. 107. G. B. which makes an exception in favor of grants to the governors of the bounty of queen Anne, should have been here referred to. P. 518. l. 25.-By the 4 Edw. 1. st. 3. c. 1. E. & I. c.1.&2.E. & I. where a feoffment with a charter thereupon, being made by the king, hath so much in it, that another by a like feoffment, and like deed, should be bound to warranty, the justices may not proceed without the king's commandment. But by c. 2. where the king confirmeth or rati |