Justices' Qualification Act 1760

AN ACT to amend an Act passed in the Eighteenth Year of the Reign of King George the Second concerning the Qualification of Justices of the Peace; and for other purposes therein mentioned.

WHEREAS by an Act of Parliament made in the eighteenth year of his late Majesty King George the Second, of glorious memory, intituled "An Act to amend and render more effectual an Act passed in the fifth year of his present Majesty's reign, intituled 'An Act for the further qualification of justices of the peace,'" it was enacted that from and after the twenty fifth day of March one thousand seven hundred and forty six no person should be capable of being a justice of the peace, or of acting as such for any county, riding, or division within that part of Great Britain called England or the principality of Wales, who should not have, either in law or equity, to and for his own use and benefit in possession, a freehold, copyhold, or customary estate for some long term of years determinable upon one or more life or lives, or for a certain term originally created for twenty one years or more, in lands, tenements, or hereditaments lying or being in that part of Great Britain called England or the principality of Wales of the clear yearly value of one hundred pounds over and above what should satisfy and discharge all incumbrances that affect the same, and over and above all rents and charges payable out of or in respect of the same, or who should not be seised of or intitled unto in law or equity, to and for his own use and benefit the immediate reversion or remainder of and in lands, tenements, or hereditaments lying or being as aforesaid, which were leased for one, two, or three lives or for any term of years determinable upon the death of one, two, or three lives, upon reserved rents, and which were of the clear yearly value of three hundred pounds; and who should not, before he takes upon himself to act as a justice of peace after the said twenty fifth day of March, at some general or quarter sessions for the county, riding, or division for which he did or should intend to act, first take and subscribe the oath in the said Act mentioned; which oath so taken and subscribed as aforesaid should be kept by the clerk of the peace for the said county, riding, or division for the time being among the records of the sessions for the said county, riding or division: And it was by the said Act further enacted, that from and after the said twenty fifth day of March, any person who should act as a justice of the peace for any county, riding, or division within that part of Great Britain called England or the principality of Wales without having taken and subscribed the said oath as aforesaid, or without being qualified according to the true intent and meaning of the said Act, should for every such offence forfeit the sum of one hundred pounds, to be recovered with full costs of suit and applied in the manner in the said Act mentioned: And whereas doubts have arisen whether persons who were justices of the peace at the time of the demise of his said late Majesty King George the Second, and who have been or shall be constituted justices of the peace by or under any commission of the peace granted or which shall be granted by his present Majesty, can act as justices of the peace and open and hold any general or quarter session of the peace before they shall have taken and subscribed the said oath in manner and at the place as by the said in part recited Act is directed and required, for want of which there may be a failure of the due execution of the laws of this realm: Now, for clearing such doubts and preventing any inconveniences that may arise, be it enacted by the King'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 all persons who were justices of the peace at the time of the demise of his said late Majesty King George the Second, or who shall be justices of the peace at the time of the demise of his present Majesty, or any of his successors, Kings of Queens of this realm, and shall afterwards be appointed justices of the peace by any commission granted or which shall be granted by his said present Majesty, or which after his demise, shall be granted by any of his successors, Kings or Queens of this realm, and who shall take the oaths of office of a justice of the peace for any county, city and county, town and county, riding, or division before the clerk of the peace of the respective county, city and county, town and county, riding, or division for which any such justice or justices of the peace shall act or intend to act, or the deputy of such respective clerk of the peace, and who shall have taken and subscribed at some general or quarter session of the peace the said oath by the said herein before in part recited Act of the eighteenth year of his said late Majesty's reign directed and required to be there taken and subscribed, shall and may act as a justice of the peace for such county, city and county, town and county, riding, or division without being obliged to take and subscribe again the said oath, without incurring any penalty or forfeiture for the not taking and subscribing thereof, the said usage to the contrary thereof in any wise notwithstanding: And that all acts, matters, and things done or to be done by all and every such justice and justices, or by authority derived or to be derived from him or them, are and shall be deemed and taken to all intends and purposes as the same respectively would have been if such person or persons had taken and subscribed such oath by the said herein before in part recited Act required to be taken and subscribed at some general or quarter sessions for such county, city and county, town and county, riding, or division for which he or they did or should act or intend to act.

AND... from and after the passing this Act no person who hath already taken or shall hereafter take the oaths usually taken by a justice of the peace, under a writ or commission of dedimus potestatem issued or which shall be issued from the clerk of the crown, shall be obliged or compellable to sue out or have any other dedimus potestatem from the said clerk of the crown to authorize any person or persons therein to be named to administer again to any such justice on any new commission of the peace being issued under the great seal of Great Britain for any county, city and county, town and county, riding, or division in England or Wales, the oaths usually annexed to such dedimus and taken by a justice of the peace; but the clerk of the peace or his deputy of every county, city and county, town and county, riding, or division in England and Wales, for which any such justice of the peace hath already acted and qualified, or hereafter before the issuing any such new commission of the peace shall act and qualify himself as before-mentioned, shall, on every such new commission of the peace being issued, prepare a parchment roll, with the oaths annexed to and usually taken under the said writ or commission of dedmius potestatem by justices of the peace ingrossed on such roll, and shall administer without fee or reward the oaths in such roll specified to every such justice of the peace within the respective counties, cities and counties, towns and counties, ridings, or divisions for which he shall respectively act or intend to act, and who shall desire to take such oaths; and that every such justice of the peace after taking the oaths contained in the said roll shall subscribe his name on the said parchment roll; and the said roll with the oaths so taken and subscribed shall be kept by the respective clerks of the peace of the respective counties, cities and counties, towns and counties, ridings, and divisions in England and Wales for the time being, amongst the records of the sessions for the said respective counties, cities and counties, towns and counties, ridings, and divisions.