Information in Nature of Quo Warranto Act 1792

JurisdictionUK Non-devolved
Citation1792 c. 58
Anno Regni GEORGII III. tricesimo secundo. An Act for the Amendment of the Law in Proceedings upon Information in Nature ofQuo Warranto .

(32 Geo. 3) C A P. LVIII.

'WHEREAS it would greatly tend to secure the Freedom of Election, and the Quiet, Tranquillity, and good Order of Cities, Boroughs, and Towns Corporate, if a certain reasonable Limitation of Time should be by Law established, beyond which no Member or Officer of any City, Borough, or Town Corporate, should be disturbed in the Enjoyment or Exercise of his Office or Franchise which he should have held and enjoyed for such Time:' 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, from and after the first DayofTrinity Term, in the Year one thousand seven hundred and ninety-three, it shall and may be lawful for the Defendant or Defendants to any Information in the Nature of a Quo Warranto , for the Exercise of any Office or Franchise in any City, Borough, or Town Corporate, whether exhibited with Leave of the Court, or by his Majesty's Attorney General, or other Officer of the Crown on Behalf of his Majesty, by virtue of any Royal Prerogative or otherwise, and each and every of them severally and respectively, to plead that he or they had first actually taken upon themselves, or held or executed the Office or Franchise which is the Subject of such Information, six Years or more before the exhibiting of such Information, such six Years to be reckoned and computed from the Day on which such Defendant so pleading was actually admitted and sworn into such Office or Franchise; which Plea shall and may be pleaded either singly, or together with and besides such Plea as he or they might have lawfully pleaded before the passing of this Act, or such several Pleas as the Court on Motion shall allow; and if, upon the Trial of such Information, the Issue joined upon the Plea aforesaid shall be found for the Defendant or Defendants, or any of them, he or they shall be intitled to Judgment, and to such and the like Costs as he or they would by Law have been intitled to, if a Verdict and Judgement had been given for him or them upon the Merits of his or their Title.

S-II Forfeiture of Office within six Years before Information, may be replied to such Plea.

II Forfeiture of Office within six Years before Information, may be replied to such Plea.

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