king's bench; the sessions to commence in the week preceding the holding of each of the quarter or general sessions of the peace for the county of Middlesex.

CAP. 10.-An Act for applying certain Sums of Money to the service of the Year One thousand eight hundred and twenty-eight. [3d April 1828.] CAP. 11.-An Act to exempt Vessels propelled by Steam from the Penalties to which Vessels are liable, under various Acts, for having fire on board in the Ports, Harbours, Rivers, Canals, and Lakes of Ireland. [3d April 1828.] CAP. 12.-An Act to indemnify Witnesses who may give Evidence, before the Lords Spiritual and Temporal, on a Bill to exclude the Borough of Penryn from sending Members to serve in Parliament. [18th April 1828.]

CAP. 13.-An Act for further regulating the Payment of the Duties under the Management of the Commissioners of Stamps on Insurances from Loss or Damage by Fire. [9th May 1828.]

Enacts that detached buildings, or goods contained in such buildings, occasioning a plurality of risks, shall be valued and insured separately, and that any policy, whereby any insurance from fire shall be made upon two or more separate subjects or parcels of risk collectively in one sum, shall be void, and the person granting or continuing it be liable to a penalty of 1001.

CAP. 14.-An Act for rendering a written Memorandum necessary to the Validity of certain Promises and Engagements. [9th May 1828.] Note. This act extends only to England and Ireland, and takes effect from 1st January 1829; see ss. 9, 10.

After reciting the Statutes of Limitations 21st Jac. 1. c. 16. and 10 Car. 1. sess. 2. c. 6. (Irish act.) And also that various questions had arisen in actions founded on simple contract, as to the proof and effect of acknowledgments and promises offered in evidence for the purpose of taking cases out of the operation of the said statutes, and that it was expedient to prevent such questions; enacts, that in actions of debt or upon the case grounded on any simple contract, no acknowledgment or promise shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the said enactments, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby. Joint contractors, or executors or administrators of any contractor, shall not be chargeable in respect of any written acknowledgment of his co-contractor, &c. but this enactment is not to alter, take away, or lessen the effect of any payment of principal or interest made, by any person whatsoever. In actions against two or more such joint contractors, or executors or administrators, if it shall appear at the trial or otherwise, that the plaintiff, though barred as to one or more of such joint contractors, or executors or administrators, shall nevertheless be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment or promise, judgment may be given

and costs allowed for the plaintiff as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff. s. 1.

Pleas in abatement.-If a defendant in any action on simple contract shall plead in abatement that any other person ought to be jointly sued, and issue be joined on such plea, and it shall appear at the trial that the action could not by reason of the said recited acts or this act be maintained against such other person, the issue joined on such plea shall be found against the party pleading the same. s. 2.

Indorsements of payment.-No indorsement or memorandum of any payment written or made upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of the said statutes. s. 3.

Set off. The said acts and this act shall apply to the case of any debt or simple contract alleged by way of set-off on the part of any defendant either by plea, notice, or otherwise. s. 4.

Contracts by Infants.-No action shall be maintained upon any promise or ratification after full age, of any promise or simple contract made during infancy, unless such promise or ratification shall be made by some writing signed by the party to be charged therewith. s. 5.

Representations of character.-No action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain credit, money or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith. s. 6.

Executory contracts for the sale of goods.—Reciting that the 29 Car. 2. c.3. and the Irish Act, 7 W. 3. c. 12. did not extend to certain executory contracts for the sale of goods, enacts that the said acts shall extend to all contracts for the sale of goods of the value of ten pounds sterling and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery. s. 7.

Stamps on Agreements.—The memorandums or agreements required by this act are exempted from stamp duty. s. 8.

CAP. 15.—An Act to prevent a Failure of Justice by reason of Variances between Records and Writings produced in Evidence in support thereof. [9th May 1828.]

Enacts that it shall be lawful for every court of record holding plea in civil actions, any judge sitting at nisi prius, and any court of oyer and terminer and general gaol delivery in England, Wales, Berwickupon-Tweed and Ireland, if such court or judge shall see fit so to do, to cause the record on which any trial may be pending before any such judge or court in any civil action, or in any indictment or information for any misdemeanor, when any variance shall appear between any

matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record whereon the trial is pending, to be forthwith amended in such particular, by some officer of the court, on payment of such costs (if any) to the other party as such judge or court shall think reasonable; and thereupon the trial shall proceed as if no such variance had appeared; and in case such trial shall be had at nisi prius, the order for the amendment shall be indorsed on the postea, and returned together with the record; and thereupon the papers, rolls and other records of the court from which such record issued, shall be amended accordingly.

CAP. 16.-An Act to repeal so much of several Acts as empowers the
Commissioners for the Reduction of the National Debt to grant Life
Annuities.
[9th May 1828.]

CAP. 17. An Act for repealing so much of several Acts as imposes the cessity of receiving the Sacrament of the Lord's Supper as a Qualification for certain Offices and Employments. [9th May 1828.]

So much of 13 Car. 2. st. 2. c. 1., 25 Car. 2. c. 2. and 16 Geo. 2. c 30. as imposes the necessity of taking the sacrament for the purposes in the said acts mentioned, is repealed. s. 1.

Every person who shall hereafter be elected into the office of mayor, alderman, recorder, bailiff, town clerk, common councilman, or in or to any office of magistracy, or place, trust or employment relating to the government of any city, corporation, borough, cinque port within England and Wales, or the town of Berwick upon Tweed, shall within one calendar month next before or upon his admission into any of the aforesaid offices or trusts, make and subscribe the declaration following:

I A. B. do solemnly and sincerely, in the presence of God, profess, testify, and declare, upon the true faith of a Christian, that I will never exercise any power, authority, or influence which I may possess by virtue of the office of

to

injure or weaken the Protestant church as it is by law established in England, or to disturb the said church, or the bishops and clergy of the said church, in the possession of any rights or privileges to which such church, or the said bishops and clergy, are or may be by law entitled. s. 2.

This declaration shall be made before such persons as by the charters or usages of the corporation ought to administer the oath for the due execution of the said offices, or, in default of such, in the presence of two justices. s. 3.

In case the party shall neglect to make the declaration, the election shall be void. s. 4.

Every person who shall be admitted into any office or employment, or who shall accept from His Majesty any patent, grant, or commission, or by the receipt of any salary, &c. would before the passing of this act have been required to take the sacrament, shall within six calendar months after his admission to office, or acceptance of patent, &c. make and subscribe the said declaration, or his appointment shall be void.

8. 5.

The declaration shall be made by the last mentioned persons in the court of chancery, king's bench, or at the quarter sessions where the person required to make the same shall reside. s. 6.

Exemptions.]-Naval officers below the rank of rear admiral, military officers below the rank of major general in the army or colonel in the militia, commissioners of customs, excise, stamps, or taxes, or any persons holding offices subject to the said commissioners, or any of the officers concerned in the collection, management or receipt of the revenues subject to the authority of the postmaster general. Persons appointed during their absence from England, or within three months after appointment, may make the declaration within six months after their return. s. 7.

All persons in the actual possession of any office, command, place, trust, service, or employment, or in the receipt of any pay, salary, fee, or wages in respect of or as a qualification for which they ought to have taken or ought to receive the sacrament, are confirmed in such possession, and indemnified from penalties, and the election, &c. of such persons shall be valid. s. 8.

The omission of persons to make the said declaration shall not affect others not privy thereto. s. 9.

CAP. 18.-An Act to repeal the Stamp Duties on Cards and Dice made in the United Kingdom, and to grant other Duties in lieu thereof; and to amend and consolidate the Acts relating to such Cards and Dice, and the Exportation thereof. [9th May 1828.]

All former acts, except as to arrears of duty, and as to bonds entered into in pursuance of former acts, the conditions of which have not been performed, are repealed in s. 1. Every maker of playing cards or dice shall pay annually for a licence five shillings; for every pack of playing cards one shilling; and for every pair of dice twenty shillings. s. 2. The duty shall be denoted on the ace of spades. s. 4. The makers omitting to take out an annual licence are subject to a penalty of 1007. and forfeiture of all materials. s. 5.

Note. The other sections of this act relate to the collection and payment of the duties, and to regulations as to exportation.

CAP. 19.—An Act for applying a Sum of Money out of the Consoli-
dated Fund for the Service of the Year One thousand eight hundred
and twenty-eight.
[9th May 1828.]
CAP. 20. — An Act for prohibiting, during the present Session
of Parliament, the Importation of Foreign Wheat into the Isle of
Man; and for levying a Duty on Meal or Flour made of Foreign
Wheat imported from the Isle of Man into the United Kingdom.
[13th May 1828.]

CAP. 21.-An Act to regulate the Carriage of Passengers in Merchants'
Vessels from the United Kingdom to the Continent and Islands of
North America.
[23d May 1828.]

CAP. 22.-An act to consolidate and amend the Laws relating to the
Trial of controverted Elections or Returns of Members to serve in
Parliament.
[23d May 1828.}

c. 15. Part of 25 Geo. 3. c. 84.

The acts repealed are 10 Geo. 3. c. 16. 11 Ceo. 3. c. 42.
Part of 28 Geo. 3. c. 52.

14 Geo.3 32 Geo. 3.

c. 1. 34 Geo. 3. c. 83. 36 Geo. 3. c. 59. 42 Geo. 3. c. 84. 47 Geo. 3. c. 1. Part of 47 Geo. 3. c. 14. 53 Geo. 3. c. 71. See sec. 1.

Upon a petition being presented complaining of an undue election or return, a time shall be fixed for taking the same into consideration, and notice thereof given by the speaker to the sitting members and to the petitioners. s. 2. If petitioners do not attend at the time appointed, the order for taking the petition into consideration shall be discharged, and such petition shall not be any further proceeded upon. s. 3. No petition to be proceeded upon unless petition shall be subscribed by a person having a right to vote, or by a person who had been a candidate. s. 4. The petitioners shall within fourteen days after presentment of petition, enter into a recognizance in the sum of 10007., with two sureties in the sum of 5007. each, or four sureties in the sum of 2501. each for the payment of costs. s. 5. The names and additions of sureties shall be delivered to the clerk of the house of commons on the day the petition is presented, or the day after at furthest. s. 6. The sureties shall enter into recognizances before the speaker. s. 7. The parties or sureties living more than forty miles from London may enter in recognizances before a justice. s. 8. Petitions shall not be withdrawn unless the member returned shall have vacated his seat, or some matter shall have arisen since the presentment of petition. s. 9. A voter, upon petition, may become a party to oppose or defend the return. s. 10. Where the seat becomes vacant, or the sitting member declines to defend his return before the petition is taken into consideration, notice shall be sent by the speaker to the returning officer of the place to which the petition relates, who shall affix a copy of such notice on the county hall, town hall, or parish church, nearest to the place of election; notice shall also be given in the London Gazette, and the consideration of such petition shall be adjourned, so that thirty days may intervene between the day on which such notice shall be inserted in the Gazette and the day on which the petition shall be taken into consideration. s. 11. Within thirty days after such notice persons claiming a right to vote may be admitted as parties to defend the return. s. 12. Members who shall have given notice of their intention not to defend their return, shall not be admitted as parties in subsequent proceedings, and such members shall be restrained from sitting or voting on any question until such petition shall be decided upon. s. 13. Lists of votes intended to be objected to, shall be delivered to the clerk of the house of commons, which list shall be open to the inspection of the parties. s. 14. The evidence as to the validity of votes shall be confined to the objections particularized in the lists. s. 15. Committees are empowered to send for and examine persons, papers and records. s. 39. Witnesses misbehaving themselves may be commited to the custody of the serjeant at arms. Id. When the merits of a petition depend on questions respecting the right of election, &c. the committee are to require statements in writing of such rights and to report thereon. s. 50. Petitions of appeal against the judgment of the committee to be presented to the house within six months after a report has been made on any right of election, otherwise the judgment of such committee to be deemed final.