Perpetuation and Amendment of Laws Act 1704
 | This article relies largely or entirely on a single source. (April 2025) |
The Perpetuation and Amendment of Laws Act 1704 (3 & 4 Ann. c. 16) was an act of the Parliament of England that made perpetual and amended several older acts.
Provisions
[edit]Section 1 of the act made the Recovery of Small Tithes Act 1695 (7 & 8 Will. 3. c. 6), as continued by the Recovery of Tithes Act 1698 (10 Will. 3. c. 21), perpetual.[1]
Section 2 of the act made the Partition Act 1696 (8 & 9 Will. 3. c. 31) perpetual.[1]
Section 3 of the act amended sections 16 to 23 of the Estreats (Personal Representatives) Act 1692 (4 Will. & Mar. c. 24), as continued by section 10 of the Juries Act 1695 (7 & 8 Will. 3. c. 32) and by section 2 of the Continuance of Laws Act 1702 (1 Ann. St. 2. c. 13), providing that any Sheriff of the County of York who refuses or neglects to keep proper juror registers, enter names of persons who served as jurors, deliver such registers to succeeding Sheriffs, or provide required certificates shall forfeit the sum of £100 for each offence.[1]
Section 4 of the act provided that if any Sheriff, Undersheriff, Deputy or Bailiff knowingly summons or returns any person to serve on a jury who has served within the previous four years, and does not discharge such summons upon production of proper certificates, they shall forfeit £20, recoverable together with full costs of suit.[1]
Section 5 of the act amended the provisions in the Estreats (Personal Representatives) Act 1692 (4 & 5 Will. & Mar. c. 24) and section 4 of the Juries Act 1695 (7 & 8 Will. 3. c. 32), providing that Justices of Peace shall yearly issue warrants to Head Constables requiring them to direct local Constables, Tythingmen, and Headboroughs to meet and prepare true lists of persons qualified to serve on juries, with penalties of £10 for Head Constables and £5 for Constables who fail to comply with these duties.[1]
Section 6 of the act provided that Justices of the Peace must publicly read the Estreats (Personal Representatives) Act 1692 (4 & 5 Will. & Mar. c. 24) and Juries Act 1695 (7 & 8 Will. 3. c. 32) annually at Quarterly Sessions held after 24 June 1705.[1]
Legacy
[edit]So much of the act as relates to jurors, and to the returns and service of jurors was continued until the end of the next session of parliament after 3 years from the expiration of those enactments by the Continuance of Laws Act 1722 (9 Geo. 1. c. 8).
The whole act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59).
Notes
[edit]- ^ This is the citation in The Statutes of the Realm.
- ^ This is the citation in The Statutes at Large.
- ^ Start of session.
References
[edit]- ^ a b c d e f Raithby, John, ed. (1963) [1821]. "3° & 4° Annæ". Statutes of the Realm. Vol. 8: The Statutes of the First to the Sixth Years of the Reign of Queen Anne (1702–1707). London: Dawsons. pp. 366–367 – via Hathi Trust.