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Notices may be given by the Secretary.

Description of
Land in any
Certificate,

Grant, or Order
may be by Re-
ference.

Rent-charge under

9 & 10 Vict.

c. 101. may be redeemed by Owner as Per

sonal Estate.

Certificate of
Advance under

recited Acts

may comprise

in the Land charged by any such Grant, or to which any such Certificate or Order of Apportionment shall relate.

XXVIII. And be it enacted, That all Notices by the said recited Acts or this Act directed or authorized to be given by the Commissioners may be given by the Secretary of the Commissioners, or any Person authorized in that Behalf by the Commissioners.

XXIX. And be it enacted, That where a Description of Land by Reference to any former or other Document, whether issued in pursuance of this Act or not, shall be considered by the Commissioners to be otherwise sufficient for the Purposes of any Certificate, Grant, or Order to be issued under this Act, it shall not be necessary for the Purposes of Registration or for any other Purpose that the Land to be affected by any such Certificate, Grant, or Order shall be specified or described therein otherwise than by Reference to some such former or other Document as aforesaid.

XXX. And for the Amendment of the said first-recited Act, be it enacted, That in every Case in which any Owner of Land charged with a Rent-charge under the Provisions thereof shall redeem such Rent-charge in manner therein provided, it shall be lawful for the Commissioners, by the Certificate of such Redemption, to declare that the annual Rent-charge shall continue a Charge upon such Land for the Remainder of the Term for which the same was created, and shall be payable to the said Owner of such Land, his Executors, Administrators, or Assigns, and the same shall thereupon so continue to be a Charge, and be transmissible as Personal Estate.

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XXXI.' And whereas Doubt having been entertained under the said recited Acts whether all the Lands specified or comprised in the Provisional Certificate issued under the said Acts 'must not be comprised in the Certificate of Advance, or in each and every or some or One of the Certificates of Advance where more than One is issued under the same Acts in respect of the Certificate as 'Works referred to in the same Provisional Certificate:' Now Commissioners be it enacted and declared, That it shall be necessary to include think sufficient. in the Certificate or respective Certificates for Advance to be

only such Part of Lands in Provisional

Interpretation of Terms.

1 & 2 Vict. c. 109.

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issued under the said Acts in respect of the Works referred to in any Provisional Certificate, such Part or Parts only of the Lands specified or comprised in such Provisional Certificate as the said Commissioners shall consider proper and sufficient to be comprised in such Certificates of Advance, or respective Certificates of Advance, and the Provisions of the said thirdly-recited Act as to Description by Reference shall, as far as Circumstances will admit, apply to the Land actually comprised in any such Certificate of Advance, as effectually as if the same had comprised the whole of the Lands specified or comprised in the Provisional Certificate. XXXII. And be it enacted, That in the Interpretation of this Act the Words "the Commissioners" or "the said Commissioners" shall, as regards Lands in Great Britain, mean the Inclosure Commissioners for England and Wales, and as regards Lands in Ireland, the said Commissioners of Public Works in Ireland; the Words "Owner of Land" shall, as to Land in England and Wales, have the same Meaning for the Purposes of this Act as is given to the Words "Owner of Lands" in the said Act of

the

the Seventh Year of King William the Fourth for the Commutation of Tithes in England and Wales, for the Purposes of such Act; and the Words "Owner of Land" shall, as to Land in Scotland, mean or include every Fiar, Liferenter, Heir of Entail, Husband of a married Woman seised in her own Right, Tutor, Curator, and other Guardian for any Infant, Minor, Lunatic, or Idiot, fatuous or furious Person, and every Trustee who respectively shall be in the actual Possession of the Land or in Receipt of the Rents payable on the Tacks, Leases, or Tenancies of the Tenants in the actual Possession thereof, and shall include any Corporation; and the Words "Owner of Land" shall, as to Lands in Ireland, mean and include such Person as under the said Act passed in the First and Second Years of the Reign of Her present Majesty, intituled An Act to abolish Compositions for Tithes in Ireland, and to substitute Rent-charges in lieu thereof, shall have the first Estate of Inheritance or other Estate or Interest equivalent to a perpetual Estate or Interest therein; and also any Tenant in Dower or by the Curtesy, or any Person having under the Limitations of any Settlement by Deed, Will, Act of Parliament, or otherwise, any Estate for Life or other particular Estate thereby created or limited out of or in any Estate of Inheritance, or out of or in any such Estate or Interest as by or under the said last-mentioned Act is to be deemed equivalent to a perpetual Estate or Interest, and also a Husband of a married Woman seised in her own Right, and the Guardian of any Infant, or Committee of any Idiot or Lunatic, and any Trustee or Trustees in the actual Possession or in the Receipt of the Rents as to any such Estates or Interests as last aforesaid, and shall include a Corporation; and the Word "Person shall mean and include any Body Corporate, Aggregate, or Sole, as well as an Individual; and any Word importing the Singular Number only shall also mean and include the Plural Number, and any Word importing the Masculine Gender shall also import the Feminine Gender.

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XXXIII. And be it enacted, That in citing this Act in other Short Title. Acts of Parliament and in legal Instruments it shall be sufficient

to use the Expression "The Private Money Drainage Act, 1849."

XXXIV. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this present Session of amended, &c. Parliament.

С А Р. СІ.

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An Act to amend the Act for the more easy Recovery of
Small Debts and Demands in England, and to abolish cer-
tain Inferior Courts of Record.
[1st August 1849.]

HEREAS by an Act passed in the Tenth Year of Her

WHE

present Majesty, intituled An Act for the more easy 9&10 Vict, c.95. Recovery of Small Debts and Demands in England, Power is

'given to the Judge in the Cases therein mentioned to order that

a Party summoned in respect of an unsatisfied Judgment or Order, or a Defendant in any Suit, may be committed to the • Common Gaol or House of Correction of the County, District, or Place in which such Party or Defendant is resident, or to any Prison which should be provided as the Prison of the Court, for

committed under recited

Act for Frauds,

&c.

'any Period not exceeding Forty Days: And whereas it is inexpedient that Persons should be committed under the said Act to 'Houses of Correction:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present To what Prisons Parliament assembled, and by the Authority of the same, That Persons may be from and after the Thirty-first Day of August One thousand eight hundred and forty-nine so much of the said Act as authorizes any Judge to order any such Party or Defendant to be committed as herein-before mentioned shall be repealed; and it shall be lawful for any Judge who would have been authorized under the said Act to order any Party or Defendant to be committed as aforesaid, for any such Period as aforesaid, to order such Party or Defendant to be committed for the like Period to the Common Gaol wherein the Debtors under Judgment and in Execution of the Superior Courts of Justice may be confined for the County, City, Borough, or Place in which such Party or Defendant is resident, or to any other Gaol or Debtors Prison for the same County, City, Borough, or Place which shall by any Declaration of One of Her Majesty's Principal Secretaries of State be allowed as a Place of Imprisonment for Persons committed under the said Act, so long as such Declaration shall remain in force and unrevoked, or to any Prison which has been or shall be provided as in the said Act mentioned as the Prison of the Court by the Judge of which such Order may be made; and all the Provisions of the said Act applicable to and consequent upon the Order for Commitment under the Power herein-before repealed, and to the Prisons to which Persons might be committed under such Order, shall apply to and be construed with reference to any Order made under the Power herein-before contained, and the Prisons to which Persons may be committed under such Order.

To what Prisons Persons may be committed under the said Act, for Con

tempt.

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II. And whereas by the said Act of the Tenth Year of Her Majesty it was enacted, that if any Person should wilfully insult the Judge, or any Juror, or any Bailiff, Clerk, or Officer of the Court for the Time being, during his Sitting or Attendance in 'Court, or in going to or returning from the Court, or should wilfully interrupt the Proceedings of the Court, or otherwise misbehave in Court, the Judge should be empowered, if he should think fit, by a Warrant under his Hand, and sealed with the Seal of the Court, to commit any such Offender to any Prison to which he had Power to commit Offenders under the 'said Act for any Time not exceeding Seven Days, or to impose upon any such Offender a Fine not exceeding Five Pounds for every such Offence, and in default of Payment thereof to commit the Offender to any such Prison as aforesaid for any Time not exceeding Seven Days, unless the said Fine were sooner paid :' Be it enacted, That from and after the Thirty-first Day of August One thousand eight hundred and forty-nine so much of the lastrecited Enactment as authorizes the Judge to commit any such Offender to any such Prison as therein mentioned shall be repealed, and in any Case in which any Judge would under such Enactment have been authorized to commit any such Offender to any such Prison as therein mentioned for such Period as therein mentioned, such Judge shall be empowered, if he think fit, by Warrant,

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Warrant, as therein mentioned, to commit such Offender for the like Period to any Common Gaol wherein the Debtors under Judgment and in Execution of the Superior Courts of Justice may be confined, for any County, City, Borough, or Place wholly or in part within any District of such Judge, or to any other Gaol or Debtors Prison for any such County, City, Borough, or Place which shall by Declaration as aforesaid be allowed as a Place of Imprisonment for Persons committed under the said Act, so long as such Declaration shall remain in force and unrevoked, or to any Prison which has been or may be provided, as in the said Act mentioned, as the Prison of the Court by the Judge of which such Offender shall be committed.

Where Debtors

situated at an inconvenient

Commitment

to House of Correction.

III. Provided always, and be it enacted, That where, by reason of any Common Gaol wherein Debtors under Judgment and in Prison is Execution of the Superior Courts of Justice may be confined being situated at an inconvenient Distance, or of the crowded State of Distance or any such Gaol, or otherwise, it shall appear to One of Her crowded, SecreMajesty's Principal Secretaries of State expedient so to do, it tary of State shall be lawful for such Secretary of State, by Order under his may authorize Hand, to authorize to be used for the Purposes of Commitments under the said Act of the Tenth Year of Her Majesty any House of Correction or Common Gaol in which such Debtors as aforesaid may not be confined (to be mentioned in such Order), and to make Orders for altering the Regulations of such House of Correction or Gaol as last aforesaid, so far as respects the Treatment of Persons to be committed under this Act, in order that such Persons may be treated as nearly as may be in like Manner as if they had been committed to a Gaol in which such Debtors as aforesaid may be confined, notwithstanding the Regulations in force in such House of Correction or Gaol to which such Persons may be committed; and every such Order may from Time to Time be revoked or varied by such Secretary of State as Occasion may require.

IV. Provided also, and be it enacted, That where, under the Gaols mainProvisions herein-before contained, Persons might be committed to tained by Lords of Liberties and any Gaol or Prison not now used for the Purposes of the said Act private Persons which by reason of the Tenure of any Liberty or Franchise, or not to be used otherwise, is maintained at the private Charges of the Lord of without their such Liberty or Franchise, or of any other private Person, such Consent. Gaol or Prison shall not be used for the Purposes of Commitments under the said Act until such Lord or Person as aforesaid shall have given his Consent in Writing to such Gaol or Prison being so used.

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V. And whereas by the said Act of the Tenth Year of Her 9 & 10 Vict. • Majesty it was enacted, "that it should be lawful for any Court c.95. “holden under that Act, with the Approval of One of Her "Majesty's Principal Secretaries of State, to use as a Prison "for the Purposes of that Act any Prison then belonging to 6.66 any Court holden under any of the Acts cited in the Schedules “(A.) and (B.) to that Act, in all Cases where it should appear "to the said Secretary of State that the Common Gaol or "House of Correction of the County, District, or Place in which "the Court was established was inconveniently situated, or was "not applicable for the Use of the said Courts; and whenever

"any

5 & 6 Vict. c. 98.

A Prison used

under recited

Enactment for any Riding, Parts, or Division of a

County, to be deemed a Common Gaol for

such Riding, &c.

Power to
Secretary of
State, with

Consent of the
Treasury, to
alter Fees pay

able on Proceedings in County Courts.

So much of 9 & 10 Vict.

c. 95. as directs Clerk to pay

Monies to Trea. surer repealed.

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6.66 any such Prison should be so allowed to be used it should be "deemed One of the Common Gaols of the County for which it " "should be used, as if it had been provided after Presentment "of the Insufficiency of One Common Gaol for such County "under the Provisions of an Act passed in the Sixth Year ""of the Reign of Her Majesty, intituled An Act to amend "the Laws concerning Prisons:" And whereas a Prison used under the said recited Enactment for a Division of a County may be deemed a Gaol for the County at large:' Be it declared and enacted, That where a Prison allowed to be used with the Approval of such Secretary of State shall be so used for any Riding, Parts, or Division of a County having a distinct Commission of the Peace, or a distinct Rate in the Nature of a County Rate applicable to the Maintenance of a Prison for such Riding, Parts, or Division (and not for the County at large), such Prison shall be deemed One of the Common Gaols for the Riding, Parts, or Division for which it is so used (and not for the County at large), as if it had been provided after Presentment of the Insufficiency of One Common Gaol for such Riding, Parts, or Division under the said Act of the Sixth Year of Her Majesty.

VI. And be it enacted, That it shall be lawful for One of Her Majesty's Principal Secretaries of State, with the Consent of the Commissioners of Her Majesty's Treasury, from Time to Time to regulate or vary, lessen or increase, the Fees or Sums in the Name of Fees now payable, or which from Time to Time may be payable, on the several Proceedings in the Courts holden under the said Act of the Tenth Year of Her Majesty to the Judges, Clerks, and High Bailiffs of such Courts, and such Fees or Sums may be so regulated from Time to Time by way of Per-centage on the Amount of the Demand; and such Secretary of State, with such Consent as aforesaid, may from Time to Time appoint, instead of all or any of the Fees or Sums in the Name of Fees now payable or which may from Time to Time be payable as aforesaid, other Fees or Sums by way of Per-centage or otherwise, and to be payable on such Proceedings under such last-mentioned Act as such Secretary of State with such Consent as aforesaid may direct.

VII. And be it enacted, That so much of the said Act of the Tenth Year of Her Majesty as directs that the Clerk of every Court holden under the said Act shall pay over to the Treasurer of the Court, quarterly or oftener in every Year, by Order of the Court, the Monies remaining in his Hands over and above his own Fees, and such Balance as he shall be allowed by Order of the Court to retain for the current Expenditure of the Court, Clerk to pay shall be repealed; and the Clerk of every Court holden under the over his Balance said Act shall pay over to the Treasurer of the Court, quarterly as the Treasury or oftener in every Year, as he may be directed by the Commismay direct.

So much of 9 & 10 Vict.

e. 95. as enacts

sioners of Her Majesty's Treasury, the Monies remaining in his Hands over and above his own Fees, and such Balance as he shall be allowed by Order of the said Commissioners to retain for the current Expenditure of the Court.

VIII. And be it enacted, That so much of the said Act of the Tenth Year of Her Majesty as enacts that the Clerk of every Court, under the Directions of the Commissioners of Her Majesty's

Treasury,

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