Limitation. Pleading. Costs. such damages as a jury on the trial of such action, or on the execution' of a writ of inquiry thereon, shall give, together with double costs. But it shall be lawful for any person who shall purchase any plate for printing from the original proprietor, to print or re-print from said plate, without incurring any such penalty. And if any action be brought against any person for doing any thing in pursuance of this act, (7 Geo. 3. c. 38.) the same shall be brought within 6 calendar months after the fact committed: and the defendant may plead the general issue, &c. and if verdict be for defendant, or plaintiff become non-suit or discontinue, the defendant shall recover full costs. No act, whether before the union or since, has extended this privilege to the inventors of prints and engravings in Ireland. for levying nalties, &c. 15 Geo. 3. CHAP. XVIII. Of Title by Prerogative and Forfeiture. THE statutes for preserving the game seem rather to respect the public police or economy, than the king's prerogative, and are therefore reserved for another place. And as to the statutes imposing forfeitures for various crimes and misdemeanors, and as compensations for offences and injuries committed, many of them have been already stated, and others will occur in the progress of this work. Justices of peace But the 15 Geo. 3. c. 39. Eng. may be here stated, empowered to administer oaths which recites, that it is frequently necessary for justices of the peace to administer oaths or affirmations, where penalties are to be levied, or distresses made, in pursuance of acts of parliament, which they have no power to administer unless authorized so to do by such acts; and therefore enacts, that in all cases where any penalty is directed to be levied, or distress to be made by any act, c. 39. Eng. it shall be lawful for any justice or justices acting under the authority of such act, to administer an oath or affirmation for the purpose of levying such penalties, &c. And for better payment of fines and forfeitures imposed c. 85. E. ceive and account sessions. by justices out of sessions, in England, the 41 Geu. 3. 41 Geo. 3. c. 85. E. provides, that it shall be lawful for every justice of peace acting out of session for any county, &c. in Justices to reEngland, to receive all fines, forfeitures, and penalties, for fines, &c. imposed by him or any other justice of peace acting out imposed out of of sessions, (and not made payable to any body corporate, or any commissioners of any public boards, or other person,) and to give receipts for the same, which receipts shall be a sufficient discharge to the parties by whom said fines shall be payable; and every such justice shall, by himself or clerk, keep an account in a book of the amount of every such fine, &c. specifying the place, and time, and manner, of the adjudication or order, the nature of the offence, and the act under which the same was adjudged, and the name of the person on whom such fine, &c. was set or imposed; distinguishing whether the same was paid or levied, and what part thereof, if any, has been or shall be paid or payable to any body corporate, commissioners, or person, and the authority under which he or they claim such share; and shall annually, previous to the Michaelmas sessions, pay to every sheriff of every county, or city, or town and county, for which such justice shall have acted, all such fines, &c. as shall be due to the king; and the sheriff, or undersheriff, shall give an acquittance for the same, which shall be a discharge to such justice. And by s. 2. every justice shall, previous to the Michaelmas session, annually transmit to the clerk of the peace of the county, &c. or such fines to be clerk of the town, within which such fine, &c. shall have clerk of the been imposed, an account in writing, stating the several peace, or town fines, &c. which have been imposed by him, and shewing what have been received by him, and for what offences; which account the clerk of the peace, or town clerk, shall enter in his estreats, with the names of the justices, that the sheriff may be charged with the same in his apposal before the foreign apposer, as in the case of fines, &c. imposed s. 2. Accounts of transmitted to clerk. s. 3. Where 2 justices act, account kept by the one resident. s. 4. Constables to give notice to persons entitled to fines. s.5. Provisoer 6. imposed at any session. And by s. 3. where 2 or more justices shall act together in imposing any fine, &c. the said account shall be kept, and a copy of it transmitted, and such payment as aforesaid made, by such one of said justices as shall reside at or near the place where such general quarter sessions shall be held. By s. 4. the said clerks of the peace or town clerks, or their deputies, shall, within 10 days after any general quarter sessions in which such justice shall have returned any conviction as aforesaid, deliver to the bailiff or chief constable of the district, where any person shall reside who shall be entitled to any proportion of any fines, &c. which shall have been received by any such justice, an account in writing of such fines, &c.; which bailiff, &c. shall transmit an account thereof to the petty constable of the parish, &c. where such person shall reside, that notice may be given to the person so entitled. But by s. 5. nothing in this act shall prevent the officers of the crown from allowing any fines, &c. levied by justices of peace for justices' wages, as other fines are now allowed by law; and it shall be also lawful for sheriffs or other persons empowered to allow the same, to have an allowance of the same poundage on the balance of such fines charged on them, after an allowance for justices' wages, in like manner as for fines at the assizes. And by s. 6. nothing herein shall prevent the payment to the receiver of fines, &c. by the justices or their clerks, in any of the 7 public offices appointed by the 32 Geo. 3. c. 53. Eng. To these statutes there are none corresponding in Ireland. CHAP. CHAP. XIX. Of Title by Custom. : sons. $.3. By the 21 Hen. 8. c. 6. Eng. no parson, vicar, curate, What mortuaor spiritual person, nor their bailiffs or lessees, shall take ries ought to be paid, and for any person dying within the realm, any mortuary or for what percorse-présent, nor call any person before any judge spiritual 21 Hen. 8. c. 6. for recovery of the same, otherwise than as hereafter s. 1. & 2. Eng. mentioned; upon pain to forfeit so much in value as they shall take above the sum limited, and 40s. to the party grieved; to be recovered in any of the king's courts by action of debt, &c. And by s. 3. no mortuary shall be taken of any person which at his death hath in moveable goods under the value of 10 marks and no mortuary shall be demanded but in such place where mortuaries have been used to be paid: nor shall any person pay more than one mortuary: and no parson shall for any person dying, being at his death of the value in moveable goods of 10 marks above his debts, and under £30, take for a mortuary above 3s. 4d.; and for a person of the value of £30 and under £40, no more than 6s. 8d.; and for any person of the value of £40, or above, no more than 10s. By s, 4. for no woman being covert baron, nor child, nor for any person not keeping house, shall any mortuary be paid; nor for any wayfaring man, but the mortuary of such wayfaring persons shall be answerable in the places where they had their most habitation. By s. 5. it shall be lawful to all spiritual persons to take any money, or other thing, which shall be bequeathed unto them, or to the high altar of the church. But by s. 8. in places where mortuaries have been accustomed to be taken of less value than aforesaid, no person shall be compelled to pay more for any mortuary than bath VOL. I. 2 Q s. 4. $5. $ 8. s. 6. hath been accustomed. This act also provided (s. 6.) that no mortuaries should be demanded in Wales or Berwick, but only in such parts of Wales, &c. where they had been accustomed to be taken; and in those 12 Ann. st. 2. places after the manner above specified. The 12 Ann. 28 Gco. 2. c. 6. st. 2. c. 6. Eng. and 28 Geo. 2. c. 6. Eng. which aboEng. lished the mortuaries payable upon the death of clergymen in Wales, and in the archdeaconry of Chester, are 17 & 18 Car. 2, of a local and peculiar nature. And the 17 & 18 Car. 2. c. 13. Ir. was of a temporary nature, which statute enaMortuaries, &c. bled the lord lieutenant and council of Ireland, with the c. 6. Eng. c. 13. Ir. abolished in Ireland. assent of both houses of parliament, to abolish divers unreasonable forms of tithings and oblations, as mortuaries, berts, bornikestri alias barnikestrick, frividle, tenihanist or soul legacies, marygallons and portions of meal, flesh, candles, hides, tallow, apparel at burials and marriages, hogs of a year old, and the like; and to settle a table of tithes, oblations, mortuaries, and other church duties. CHAP. XX. Of Title by Succession, Marriage, and Judgment. Mode of regis- THE only statute which it seems can be conveniently tering assign ments of judg- referred to this chapter, is the 9 Geo. 2. c. 5. Ir. which ments prescribed. recites that judgments, statutes-staple and statutes-merchant, are frequently assigned for valuable considerati 9 Geo. 2. c. 5. Ir. ons, and to protect the purchase of estates, but are no more than equitable securities in the hands of the assignees; and therefore enacts, that where any conusee of a judgment, statute-staple, or statute-merchant, his execators, &c. shall assign the same, such conusee, his executors, &c. shall also perfect a memorial of such assignment under his hand and seal, upon parchment or vellum, attested by 2 or more witnesses; which memorial shall |