Page images
PDF
EPUB

Proceedings not quashed through Informality.

Tender of
Amends.

Appeal to Quarter Sessions.

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

• be,]

[ocr errors]

for

[blocks in formation]

as the Case shall happen to

and

do adjudge him

or her or them [as the Case may be] to pay and forfeit for the
same the Sum of
Given under the Day and
Year aforesaid.'

[ocr errors]

XXIII. And be it enacted; That no Order, Judgment, or Conviction made touching or concerning any of the Matters in this Act contained, or of any Proceedings to be had touching the Conviction of any Offender or Offenders against this Act, shall be quashed for Want of Form, or be removed or be ⚫removeable by Certiorari or any other Writ or Process whatsoever into any of Her Majesty's Courts of Record at Dublin; and where any Distress shall be made for any Sum or Sums of Money to be levied by virtue of this Act the Distress itself shall not be deemed unlawful, nor the Party or Parties making the same be deemed a Trespasser or Trespassers, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or any other Proceeding relating thereto, nor shall the Party or Parties distraining be deemed a Trespasser or Trespassers (ab initio) on account of any Irregularity which shall be afterwards committed by the Party or Parties distraining; but the Person or Persons aggrieved by such Irregularity shall and may recover full Satisfaction for the special Damages (if any) in an Action on the Case; but no Plaintiff or Plaintiffs shall recover in any Action for such Irregularity as . aforesaid if Tender of sufficient Amends hath been made by or on the Behalf of the Party distraining before such Action brought.

XXIV. Provided always, and be it enacted, That if any Person or Persons convicted of any Offence punishable by this Act shall think him, her, or themselves aggrieved by the Judgment of the Magistrate or Magistrates, Justice or Justices before whom he, she, or they shall have been convicted, it shall and may be lawful for such Person or Persons from Time to Time to appeal to the Justices at the next General or General Quarter Sessions of the Peace which shall be held for the City, County, Division, Liberty, Town, or Place where such Judgment shall have been given, and that the Execution of such Judgment shall in such Case be suspended, the Person Recognizance. or Persons so convicted entering into a Recognizance within

Twenty-four Hours of the Time of such Conviction, with Two sufficient Sureties, in double the Sum which such Person or Persons shall have been adjudged to pay or forfeit, upon Condition to prosecute such Appeal with Effect, and to be forthcoming to abide the Judgment and Determination of the Justices at their said next General or General Quarter Sessions, which Recognizance the Magistrate or Magistrates, Justice or Justices

[blocks in formation]

before whom such Conviction shall be had is and are hereby empowered and required to take; and the Justices in the said Determination General or General Quarter Sessions are hereby authorized and to be final. required to hear and finally determine the Matter of every such Appeal in a summary Way, and to make such Determination therein, and either to confirm or quash or annul the said Conviction, and to award such Costs to either of the Parties or Costs. otherwise, as they the said Justices shall adjudge proper; and all such Determinations shall be final, binding, and conclusive to all Parties to all Intents and Purposes whatsoever.

XXV. And be it enacted, That no Plaintiff or Plaintiffs shall recover in any Action to be commenced against any Person or Persons for any thing done in pursuance of this Act unless Notice in Writing shall have been given to the Defendant or Defendants Twenty-one Days before such Action shall be commenced of such intended Action, signed by the Attorney for the Plaintiff or Plaintiffs, specifying the Cause of such Action; nor shall the Plaintiff or Plaintiffs recover in any such Action if Tender of sufficient Amends shall have been made to him, her, or them, or to his, her, or their Attorney, by or on behalf of the Defendant or Defendants before such Action brought; and in case no such Tender shall have been made it shall and may be lawful for the Defendant or Defendants in any such Action, by Leave of the Court wherein such Action shall have been brought, at any Time before Issue joined, to pay into Court such Sum of Money as he, she, or they shall think fit, whereupon such Proceedings, Order, and Judgment shall be made and given in and by such Court as in other Actions where the Defendant is allowed to pay Money into Court.

Notice of

Action to be given, and

Plaintiff not to recover after Amends.

Tender of

XXVI. And be it enacted, That no Action or Suit shall be Limitation of brought against any Person or Persons for any thing done in of Actions. pursuance of this Act, or in relation to the Matters herein contained, after Six Calendar Months from the Time of the Fact having been committed; and every such Action or Suit shall be brought and tried in the City, County, or Place where the Cause of Action shall have arisen, and not elsewhere; and the General Issue. Defendant and Defendants in every such Action or Suit shall or may, at his or their Election, plead specially or the General Issue, and give this Act and the special Matter in Evidence at any Trial, and that the same was done in pursuance and under the Authority of this Act; and if the same shall appear to have been done, or if such Action or Suit shall have been brought before the Expiration of Twenty-one Days next after such Notice shall have been given as aforesaid, or after sufficient Satisfaction madeor tendered as aforesaid, or after the Time limited for bringing the same, or shall be brought in any other City, County, or Place than as aforesaid, then and in every of the said Cases the Jury shall find a Verdict for the Defendant or Defendants; and upon such Verdict, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinue his, her, or their Action or Suit after the Defendant or Defendants shall have appeared, or, upon any Demurrer, Judgment shall be given against the Plaintiff or

Q 3

Plaintiffs

'Double Costs.

Limitation of
Informations.

Application of Penalties.

Commencement of Act.

Public Act.

Act may be amended this Session.

Plaintiffs, then and in every such Case the Defendant or Defendants shall recover Double Costs, and have such Remedy for recovering the same as any Defendant or Defendants hath or have in other Cases by Law.

XXVII. Provided also, and be it enacted, That no Person shall be convicted of any Offence under this Act unless the Complaint is made within Fourteen Days after the Offence shall have been committed, or within such reasonable Time as to the Justice or Justices shall seem fit, except in Cases of Perjury or Proceedings in the Superior Courts of Dublin; and that no Person who shall be prosecuted to Conviction for any Offence done or committed against this Act shall be liable to be prosecuted for the same Offence under any other Law.

XXVIII. And be it enacted, That all pecuniary Penalties and Forfeitures by this Act inflicted, and the Application of which is not herein-before directed, shall, when recovered or paid, go and be disposed of in manner following; (that is to say,) one Moiety thereof, where any Offender or Öffenders shall be convicted either by his, her, or their own Confession, or by the Oath or Affirmation of One or more credible Witness or Witnesses, shall go and be paid to the Person or Persons who shall inform against and prosecute to Conviction any such Offender or Offenders; and the other Moiety thereof, and in case there be no such Person informing then the whole thereof, shall go and be paid to the Use of the Poor of the Parish where the Offence shall have been committed.

XXIX. And be it enacted, That this Act and every Matter and Thing therein contained shall have effect and be in force from and after the Expiration of One Calendar Month next after the passing thereof, and not sooner.

XXX. And be it enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others.

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

CAP. XXIX.

6

[ocr errors]

An Act to supply an Omission in an Act passed in the
present Session of Parliament, intituled An Act to
amend the Law for providing fit Houses for the bene-
ficed Clergy.
[4th July 1888.]
HEREAS an Act of Parliament was passed in the pre-

WE

sent Session of Parliament, intituled An Act to amend 1 Vict. c. 23. the Law for providing fit Houses for the beneficed Clergy: And whereas the Seventh Section of the said Act is in the Words following; (that is to say,) "And be it enacted, That where the Residence House, Gardens, Orchard, and Appurtenances belonging to any Benefice shall be inconveniently situate, or for other good and sufficient Reasons it shall be thought advisable to sell and dispose thereof, it shall and may be lawful for the Incumbent of such Benefice, and he is hereby ' authorized and empowered, with the Consent and Approbation ' of the Ordinary and Patron thereof and of the Archbishop of the Province, to be signified by their executing the Deed of Conveyance hereby authorized to be made, absolutely to sell ' and dispose of such House, Gardens, Orchard, and Appurtenances, any or either of them, with any Land contiguous 6 thereto, not exceeding Acres, to any Person or • Persons whomsoever, either altogether or in Parcels, and for 'such Sum or Sums of Money as to such Ordinary and Patron ' and Archbishop shall appear fair and reasonable, and upon 'Payment of the Purchase Money for the same as herein-after ' mentioned by Deed indented to convey and assure such House, 'Gardens, Orchard, Land, and Appurtenances unto and to 'the Use of the Purchaser or Purchasers thereof, his or their 'Heirs or Assigns, or as he or they shall direct or appoint:" "And whereas the Space in the said recited Section of the said • Act between the Words "exceeding" and "Acres," which was intended to be supplied with the Word "Twelve," was ' inadvertently left blank:' Be it declared and 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 Parliament assembled, and by the Authority of the same, That the said herein-before recited Section of Sect. 7. in the the said Act of Parliament shall be deemed, construed, and recited Act to taken to have such and the same Effect to all Intents and Pur- tended Effect, poses whatsoever as if the said Word "Twelve" had been origi- notwithstanding nally inserted therein between the Words "exceeding" and the Omission. "Acres."

[ocr errors]

have the in

CAP. XXX.

[ocr errors]
[ocr errors]

An Act for continuing the Bishoprick of Sodor and
Man.
[4th July 1888.]

WHI

WHEREAS an Act of Parliament was passed in the Seventh Year of the Reign of His late Majesty King William 6&7 W.4.c.77. the Fourth, intituled An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesi'astical Duties and Revenues, so far as they relate to Episcopal 'Dioceses, Revenues, and Patronage: And whereas it is expedient that the said Act, so far as it relates to or may affect the See of Sodor and Man, should be repealed:' 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 Parliament assembled, and by the Authority of the same, That from and after the passing of not to extend to this Act the said recited Act shall be deemed and construed not to extend to the See of Sodor and Man, or any Part thereof, but the said Act, so far as it may relate to or affect the See of Sodor and Man, shall be and the same is hereby repealed.

Recited Act

the See of Sodor

and Man.

No other Part of recited Act affected.

The Bishop not to hold any

II. Provided always, and be it further enacted, That nothing herein contained shall be construed to affect any other Part of the said Act.

III. Provided always, and be it further enacted, That no Ecclesiastical Dignity, Office, or Benefice shall be held in ComDignity, &c. in mendam by any Bishop of Sodor and Man, but that every such Commendam, whether temporary or perpetual, shall be absolutely void to all Intents and Purposes.

Commendam.

5 & 6 W. 4.
c. 76. s. 199.

6 & 7 W. 4.

c. 77. s. 26.

CAP. XXXI.

An Act for facilitating the Sale of Church Patronage belonging to Municipal Corporations in certain Cases. [4th July 1888.] WHEREAS by an Act passed in the Session of Parlia

[ocr errors]
[ocr errors]
[ocr errors]

ment holden in the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth, intituled An Act to provide for the Regulation of Municipal Corporations in England and Wales, (as the same Act is altered by another Act passed in the then next Session of Parliament, intituled An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, • and Patronage,) it is enacted, that in every Case in which any Municipal Body Corporate, or any particular Class, Number, or Description of Members, or the governing Body of such Body Corporate, is or are, in their corporate Capacity, and not as charitable Trustees, seised or possessed of any Manors, • Lands,

[ocr errors]
« EelmineJätka »