The Statutes of the Realm/Volume 1/Introduction/Appendix/E/2
II.
Instances of Exemplifications of Statutes from Chancery.
With respect to Exemplifications of Statutes from Chancery after they have been transmitted thither, Two Instances will fully explain the Nature of the Proceeding: the one shewing the Mode of sending an Exemplification by Mittimus to the Court where it is to be used in Evidence; the other giving the exact Form of Exemplification now in use.
1. In Hilary Term 20 Geo. II. John Murray of Broughton being brought to the Bar of the Court of King’s Bench by Habeas Corpus directed to the Lieutenant of the Tower, a Record was read to him, containing a Writ of Mittimus, with which was sent the Tenour of a Writ of Certiorari directed to the Clerk of the Parliaments, and also the Return indorsed upon the Back of the Writ. The Certiorari required the Clerk of the Parliaments to send to the King in Chancery the Tenour of an Act intitled ‘An Act to attaint Alexander Earl of Kellie [and others, among whom was John Murray] of High Treason, if they did not render themselves on or before the 12th Day of July 1746.’ In a Schedule annexed to this Writ of Certiorari the said Act was transcribed; and the Clerk of the Parliaments certified that what was therein above written was the true Tenour of the Act of Parliament in the Writ expressed. Upon this Occasion the Prisoner, ore tenus, pleaded that he did surrender himself within the Time prescribed by the Act, and the Attorney General, by Authority from the King, confessed the Truth of the Prisoner’s Plea; and the Court ordered the Prisoner’s Plea and the Attorney General’s Confession to be recorded. The Writ of Certiorari itself was issued from the Petty Bag Office and remains there now with the Tenour of the Act as transmitted, an Exemplification of which only was sent into the King’s Bench.[1]
2. The following is the Form of Exemplification of an Act, from Chancery. It was used for the Purpose of sending to Ireland an authentic Copy of the Act, passed in the Parliament of Great Britain, for the Union of Great Britain and Ireland. The usual Inrollment in Chancery of all the Public Acts, passed in the Parliament in which that Act received the Royal Assent, not having been made up, at the Time when an authentic Transcript of the Act was wanted, the Tenour of the Act was transmitted into Chancery by the Clerk of the Parliaments on a Certiorari directed to him, and the Act was then exemplified from Chancery, as follows:
“GEORGE the Third by the Grace of God King of Great Britain France and Ireland Defender of the Faith and so forth, To all to whom these Presents shall come, Greeting. We have inspected our Writ of Certiorari issued out of our Court of Chancery bearing date at Westminster the first day of August in the Fortieth Year of our Reign together with the Return made on the back of the same Writ remaining of Record on the Files of our said Chancery in these Words to wit: Certiorari.George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth; To our beloved and faithful George Rose Esqr Clerk of our Parliaments Greeting: We being willing for certain reasons to be certified about the Tenour of a certain Act made and ordained in our Parliament at Westminster in the Fortieth Year of our Reign intituled “An Act for the Union of Great Britain and Ireland,” Command You, that the Tenor of the aforesaid Act with all things relating thereunto under Your Seal distinctly and openly without Delay You send to Us in our Chancery and this Writ. Witness Ourself at Westminster the first day of August in the fortieth Year of our Reign. Yorke.—Return.The Execution of this Writ appears in a certain Schedule to this Writ annexed as within I am commanded; George Rose Cler̃ Parliamentoꝝ. Inspeximus of Schedule containing the Act, &c.We have inspected also the Schedule annexed to the said Writ remaining likewise of Record on the Files of our said Chancery in these Words to wit.—In the Session of Parliament begun at Westminster the 24th day of September in the Year of our Lord 1799 and holden in the 39th and 40th Years of the Reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth, by the Assent of the Lords as well Spiritual as Temporal and of the Commons and by the Assent of the King’s Majesty the following Statute (amongst others) was ordained enacted and established to wit “An Act for the Union of Great Britain and Ireland.” The Tenor of which Act follows in these Words “Ann̄ 39° & 40° Georgii 3tii No 241. Whereas in pursuance [&c. copying the entire Act to the End,] for that Part of the United Kingdom called Ireland.” Certificate of Cler. Parl.I George Rose Esquire, Clerk of the Parliaments, by virtue of the Writ of our said Lord the King of Certiorari to me directed, and to these presents annexed, Do certify that what is above written is the true Tenor of the Act of Parliament abovesaid in that Writ expressed: In Witness whereof to this Schedule I have set my Seal and subscribed my Name dated the first day of August in the Year of our Lord One thousand eight hundred. George Rose Cler̃ Parliamentor̃. Exemplification.We therefore have caused the said Writ and the Schedule aforesaid to be exemplified. Teste.In Witness whereof We have caused these our Letters to be made Patent; Witness Ourself at Westminster the Fourth Day of August in the Fortieth Year of our Reign.