Municipal Offices Act 1710

JurisdictionUK Non-devolved
Citation1710 c. 20
Anno Regni ANN, Regin nono. An Act for rendring the Proceedings upon Writs ofMandamus , 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.

(9 Ann.) C A P. XX. (25)

'WH E R E A S 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 ofGreat 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 Determination the Right of such Persons to the said Offices within the Compass of the Year; and where such Offences were not annual 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 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 Mischiefshave 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 the first Day ofTrinity Term in the Year of our Lord one thousand seven hundred and eleven, where any Writ of Mandamus shall issue out of the Court of Queen's Bench , the Courts of Sessions of Counties Palatine, or out of any the Courts of Grand Sessions in Wales , in any of the Cases aforesaid, such Person or Persons, who by the Laws of this Realm are required to make a Return to such Writ of Mandamus , shall make his or their return to the first Writ of Mandamus .

S-II As soon as the Return is made, the Prosecutor in such Writ may plead, &c. to which the Person returning may reply, &c.

II As soon as the Return is made, the Prosecutor in such Writ may plead, &c. to which the Person returning may reply, &c.

II. And be it further enacted by the Authority aforesaid, That from and after the said first Day ofTrinity Term, as often as in any of the Cases aforesaid, any Writ of Mandamus shall issue out of any of the said Courts, and a Return shall be made thereunto, it shall and may be lawful to and for the Person or Persons suing or prosecuting such Writ of Mandamus , to plead to, or...

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