made either at the time of the election or before the day named in the writ of summons for the meeting of parliament by any candidate, or by two or more electors, make and subscribe a declaration as to his qualification; and upon his wilful refusal or neglect his election and return become void.

The officer before whom the declaration is made must within three months (u) after the time of making it, certify the making unto the Court of Chancery or the Queen's Bench, and under a penalty of 100%.

The member elected must (x) before he sits in the house or votes, except for the Speaker, deliver in there at the table a statement of his qualification, and sign a declaration as to its truth, or else (y) his election becomes void.

9. A bargain and sale of freehold lands must be enrolled within six months after (z) the date, or if none (a) then of the delivery; and upon this it takes effect from the delivery. (b)

A memorial of the deeds and securities of an annuity granted for a pecuniary consideration, must be enrolled in Chancery within thirty days. (c)

All grants, conveyances, and assurances relating to the exchange of lands under the Benefices Plurality

(u) S. 4.

(x) S. 6.

(y) S. 8.

(z) Thomas v. Popham, 2 Dy. 218, pl. 6; Dal. 41; Moore, 40, pl. 128; Norris v. Hundred of Gawtry, Hob. 139, 140.

(a) Norris v. Hundred of Gawtry, Hob. 140; 5 Rep. 1 b.

(b) Mallory v. Jennings, 2 And. 161.

(c) 53 Geo. 3, c. 141; 3 Bing. 215; 6 B. & C. 49.

Act, (d) must be enrolled in Chancery within six calendar months. (e)

Benefices which have been united for more than sixty years before the passing (ƒ) of the Benefices Plurality Act, are not to be disunited without the consent in writing of the patrons thereof. (g)

(d) 1 & 2 Vict. c. 106.

(e) S. 18.

(f) 14 August, 1838.

(g) S. 21.

1. Informations 2. Indictments

CHAP. VIII.

OF A CRIMINAL KIND.

85 | 3. Proceedings before Justices 87 86 4. Appeals to the Sessions .. 88

1. An information ex officio when on the part of a private prosecutor must be moved for in the Queen's Bench before the lapse of two whole terms (a) after the commission of the offence complained of. And when against a magistrate (b) it cannot be moved so late in the second term as to preclude him from showing cause against it in the same term. (c)

The prosecutor must within one year (d) after issue has been joined therein proceed to trial, or the defendant will be entitled to his costs, and if they are not paid within three months after taxation, proceedings (e) may be had on the recognizance.

In an information in the nature of a quo warranto, the defendant may rely on and plead the statute of limitations, (ƒ) viz. that he has enjoyed the office or franchise for six years or more, and if he succeeds

(a) Gude's C. O. Practice, v. 1, 112, n.

(b) Rex v. Harries, Esq. 13 East, 270.

(c) Rex. v. Marshall and another, 13 East, 322.

(d) 4 & 5 W. & M. c. 18, s. 2; 1 Salk. 194; 10 Rep. 16. (e) Id. The Queen v. Clerk, 7 Mod. 47; 3 Burr. 1616. (ƒ) 32 Geo. 3, c. 58, s. 1, 2; Rex v. Antridge, 8 T. R. 467.

thereon he will be entitled to judgment and his costs. (g)

2. There is not any general Statute of Limitations affecting criminal offences, though there are some particular statutes which limit the prosecution of offences under them to a specific period, as by 7 Will. 3, c. 3, (h) no person can be prosecuted for high treason, unless the indictment be found by the grand jury within three years after the commission of the offence, unless for attempting the assassination of the king. So an indictment under the 8 & 9 Will. 3, c. 26, (i) for having possession of a die, made of iron, steel or other materials, for the purposes of coining, must be preferred within three months, and the onus lies on the prosecutor to show that it was so commenced. (k) It has however been held, that an information under this act before a magistrate is a sufficient commencement; although the commitment is informal. (1) By 23 Eliz. c. 1, the inquiry respecting any offence for nonattendance at church and sacrament must be instituted within (m) a year and a day.

And it is provided by 31 Eliz. c. 5, (n) that all indictments upon any statute penal where the forfeiture

(g) 9 Anne, c. 20, s. 4, 5, 6; Rex v. Dickin, 4 T. R. 282; Id. 684.

(h) Sect. 5, 6.

(i) Sect. 1, 5.

(k) Rex v. Phillips and Another, 1 R. & R. 369.

(1) 1 East, P. C. 186.

(m) 1 East, P. C. 18.

(n) S. 5; 2 Hawk. P. C. 171; Culliford v. Blandford, 4 Mod.

129.

is limited to the queen, shall be sued within two years after offence committed, if the forfeiture be limited to the queen and prosecutor the suit shall be in one year, and in default thereof, the same shall be sued for the queen within two years after that year ended. But where a statute limits a shorter time, the suit must be brought within the time so limited. (o) To constitute a felo-de-se the party must die within one year from the stroke. (p)

3. Complaints before justices of the peace for the recovery of small tithes, offerings, oblations, obventions and compositions must be made within (q) the space of two years next after their becoming due and payable; and if for offences under the Hackney Carriages Act, (1) within seven days next after the commission of the offence; (s) and for deer stealing, within twelve lunar months. (t) An order of justices made under 1 & 2 Vict. c. 80, for the payment of remuneration (u) of special constables, (x) and upon the treasurer or other officer of a public company, must be paid within three weeks next (y) after demand.

The seven days which a party convicted under 11

(0) Burn, J. tit. Indictment, III.

(p) Hales v. Petit, Plow. 262.

(q) 7 & 8 Will. 3, c. 6, s. 6; Appendix.

(r) 1 & 2 Vict. c. 79.

(s) S. 24-27.

(t) Rex v. Peckham, 5 Mod. 321; Carth. 407; Comb. 439.

(u) Sect. 1.

(x)

& 2 Will. 4, c. 41; 5 & 6 Will. 4, c. 43.

(y) Sect. 3.