The House of Lords Cases on Appeals and Writs of Error, Claims of Peerage, and Divorces, During the Sessions 1847[-1866] Volume 6

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1870 Excerpt: ... M'MAHON v. LENNARD. 1858. June 28, 29, 30; July 6, 16. John M'mahon, Plaintiff in error. Sib Thomas Barrett Lennard, Bart., and) n, .. C.Defendants in error. others, .......) Weighmaster. Office Freehold or not. Evidence. Roman Catholic. Oath. Pleading. Misjoinder of Counts. Venue. The office of weighmaster in a market town in Ireland is a freehold office. The appointment to it ought to be for life. It is not necessary, in an action by the weighmaster for disturbance in his office, to show a formal appointment to it by deed. His having acted in the office for several years is sufficient. The office of weighmaster, mentioned in the Act 4 Anne, c. 14 (Ir.), is not the same as that of weigher, mentioned in the Acts of 1 Hen. 4, c. 13, and 4 Hen. 4, c. 20 (introduced into Ireland by the 10 Hen. 7, c. 22). The Statute of Anne refers only to a weighmaster appointed to regulate the dealings between individuals in an open market; the Statutes of Hen. 4, apply to weighers of goods appointed to take customs thereon for the Crown, and therefore the provisions of the Statutes of Hen. 4, that such office should not be for life, but only for pleasure, did not apply to the weighmaster under the Statute of Anne. By the Statute of Anne, the person appointed to such office was required to take certain oaths provided by the Statute 8 Wm. & M. c. 2. These could not be taken by a Roman Catholic. This office is taken to be included in all offices and franchises mentioned 10 Geo. 4, c. 7, 21, and therefore the oath prescribed by that statute is to be taken in substitution for the. oaths prescribed by the earlier statutes. But this oath must be taken in reference to the appointment to the office, and the having taken it as a barrister previous to such appointment does not...