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Grand Juries of the County and of the County

of the City of Waterford em

powered, at the next Spring Assizes, to make

Presentments

for the Mainte

nance of the House of Industry.

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1 VICT. at the next Spring Assizes for the Support of said Institution; in consequence whereof the said Corporation will be unable to support the same, or to maintain a very great Number of destitute Persons now supported in the said House; and it is expedient that Provision should be made to prevent the Consequences which would ensue from the Dismissal of such Persons from the said House, guarding at the same Time against any undue Interference with the Rights of the County Magistrates and of the Cess Payers appointed to attend the said County Presentment Sessions as conferred by the said ' recited Act of His late Majesty King William the Fourth :' 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 it shall and may be lawful to and for the respective Grand Juries of the said County of Waterford and of the County of the City of Waterford, assembled before or at the next Spring Assizes, to make such Presentment for the Support and Maintenance of the said Corporation, notwithstanding the said Application had not been approved at the Presentment Sessions; provided always, that a Majority of the County Magistrates and of the Cess Payers appointed according to the said recited Act to attend the said County Presentment Sessions do not memorialize the Grand Jury against the passing of the said Presentment: Provided also, that the said Application shall be laid before the said Grand Juries with Debtor and Creditor Accounts of the Funds and Expences of such House of Industry from the Time of the last preceding Application to the County Presentment Sessions, and that the said Grand Juries shall and may respectively examine on Oath any Governor or Officer of the said Corporation, when they may think fit, in relation thereto.

CAP. XIV.

An Act to repeal so much of an Act of the Thirty-
ninth and Fortieth Years of King George the Third
as authorizes Magistrates to commit to Gaols or
Houses of Correction Persons who are apprehended
under Circumstances that denote a Derangement of
Mind and a Purpose of committing a Crime; and to
make other Provisions for the safe Custody of such
Persons.
[30th March 1838.
WHEREAS by an Act passed in the Thirty-ninth and

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Fortieth Years of the Reign of His late Majesty King George the Third, intituled An Act for the safe Custody of 39 & 40 G. 3. • Insane Persons charged with Offences, it was amongst other c. 94. things enacted, "that if any Person should be discovered and ' apprehended under Circumstances that denote a Derangement of Mind and a Purpose of committing some Crime for which, if committed, such Person would be liable to be indicted, and any of His Majesty's Justices of the Peace before whom • such Person may be brought shall think fit to issue a Warrant for committing him or her as a dangerous Person suspected to ⚫ be insane, such Cause of Commitment being plainly expressed in the Warrant, the Person so committed shall not be bailed except by Two Justices of the Peace, One whereof shall be the Justice who has issued such Warrant, or by the Court of • General Quarter Sessions, or by One of the Judges of His • Majesty's Courts in Westminster Hall, or by the Lord Chancellor, Lord Keeper, or Commissioners of the Great Seal;" and it is expedient to repeal so much of the said Act as has been herein-before recited, and to make other Provisions for the 'safe Custody of such Persons;' 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 so much of the said Act as is herein-before recited shall be and is hereby repealed. II. And be it enacted, That in all Cases where any Person Persons in Cusshall be in Custody at the Time of the passing of this Act under tody under the repealed Provior by virtue of any Warrant for Commitment made or issued by sions of recited any of Her Majesty's Justices of the Peace under the Authority Act, or hereof the said herein-before recited Provisions of the said Act of after apprehended as insane the Thirty-ninth and Fortieth Years of His late Majesty King or dangerous George the Third, and hereby repealed, and if at any Time Idiots, may be after the passing of this Act any Person shall be discovered and sent to Lunatic Asylums. apprehended under Circumstances that denote a Derangement of Mind and a Purpose of committing some Crime for which, if committed, such Person would be liable to be indicted, it shall and may be lawful for any Two Justices of the Peace of the County, City, Borough, or Place where such Person shall be so kept in Custody or apprehended to call to their Assistance [No. 5. Price 2d.] a Physician,

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Recited Act in part repealed.

Justices may inquire into the Settlement of Lunatics or dangerous Idiots, and

make Order for Payment of their Maintenance, &c.

a Physician, Surgeon, or Apothecary, and if upon View and Examination of the said Person so in Custody or apprehended, or from other Proof, the said Justices shall be satisfied that such Person is insane or a dangerous Idiot, the said Justices, if they shall so think fit, by an Order under their Hands and Seals, directed to the Keeper of the Gaol or House of Correction, if in Custody at the Time of passing this Act, or if hereafter apprehended, to the Constable or Överseers of the Poor of the Parish, Township, or Place where such Person shall be apprehended, shall cause the said Person to be conveyed to and placed in the County Lunatic Asylum, provided there be one situated within or belonging to the County, in which such Person shall be in Custody at the Time of passing this Act, or shall be hereafter apprehended, and if there be no such Asylum, then to some Public Hospital, or some House duly licensed for the Reception of insane Persons; and it shall be lawful for the said Justices to inquire into and ascertain, by the best legal Evidence that can be procured under the Circumstances, of personal legal Disability of such insane Person or dangerous Idiot, the Place of the last legal Settlement of such Person; and it shall and may be lawful for such Two Justices to make an Order under their Hands and Seals upon the Overseers or Churchwardens of such Parish, Township, or Place where they adjudge him or her to be legally settled, to pay all reasonable Charges of examining such Person, and conveying him or her to such County Lunatic Asylum, Public Hospital, or licensed House, and to pay such weekly Sum for his or her Maintenance in such Place of Custody as they or any Two Justices shall, by Writing under their Hands, from Time to Time direct; and where such Place of Settlement cannot be ascertained such Order shall be made upon the Treasurer of the County, City, Borough, or Place where such Person shall have been in Custody or apprehended: Provided always, that nothing herein contained shall be construed to extend to restrain or prevent any Relation or Friend taking Lunatics from taking such insane Person or dangerous Idiot under their under their own own Care and Protection, if he shall enter into sufficient Recognizance for his or her peaceable Behaviour or safe Custody, before Two Justices of the Peace, or the Court of Quarter Sessions, or One of the Judges of Her Majesty's Courts in Westminster Hall: Provided always, that the Churchwardens and Overseers of the Parish in which the Justices shall adjudge any insane Person or dangerous Idiot to be settled may appeal against any such Order to the next General Quarter Sessions of the Peace to be holden for the County where such Order shall be made, in like Manner and under like Restrictions and Regulations as against any Order of Removal, giving reasonable Notice thereof to the Clerk of the Peace of the County, Riding, or Division, or to the Town Clerk of the City, Borough, or Place, as the Case may be, upon whose Rates the Burden of maintaining such insane Person or dangerous Idiot might fall, if such Order should be invalid, and such Clerk of the Peace or Town Clerk shall be Respondent in such Appeal, which Appeal

If Settlement

cannot be ascertained.

Nothing herein to prevent Re

lations from

Care.

Appeal.

the

the Justices of the Peace assembled at the said General Quarter Sessions are hereby authorized and empowered to hear and determine, in the same Manner as Appeals against Orders of Removal are now heard and determined.

may be libe

III. And be it enacted, That if upon Examination it shall Persons proved appear to the Physician, Surgeon, or Apothecary present at the not to be insane Examination of any Person in Custody at the Time of passing rated. this Act as aforesaid, that he or she is not an insane Person or a dangerous Idiot, and that such Person may be suffered to go at large with Safety, it shall and may be lawful for such Medical Person and he is hereby required to give a Certificate to that Effect, signed by him, to the Visiting Justices of the Gaol or House of Correction in which such Person is in Custody, who are hereby required to transmit the same forthwith to Her Majesty's Principal Secretary of State for the Home Department, who, if he shall so think fit, shall order the Liberation of such Person from Custody.

IV. And be it enacted, That nothing herein contained, except Act not to where otherwise expressly mentioned, shall alter the Laws alter Laws relating to the relating to the Discharge of Persons who may cease to be in- Discharge of sane or dangerous Idiots from any County Lunatic Asylum, recovered Public Hospital, or House duly licensed for the Reception of Lunatics. insane Persons, nor authorize the Removal by any Parish Officer of any poor Person from such Asylum, Public Hospital, or licensed House, without an Order for that Purpose made by Two Justices of the Peace for the County in which such House shall be situated, after due Inquiry into the Circumstances of the Case, unless such Person shall have been discharged as cured.

V. And be it enacted, That this Act shall extend only to Limits of Act. England and Wales.

VI. And be it enacted, That this Act shall commence and Commencement take effect immediately from and after the passing thereof.

of Act.

VII. And be it enacted, That this Act may be altered, Act may be amended, or repealed by any Act to be passed in the present Session.

Session of Parliament.

altered this

CAP. XV.

An Act for the further Relief of Quakers, Moravians, and Separatists.

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[30th March 1838.]

WHEREAS by an Act passed in this present Session of

Parliament, intituled An Act for the Relief of Quakers, 1 Vict. c. 5. • Moravians, and Separatists elected to Municipal Offices, it is ' enacted that every Person of the Persuasion of the People ، called Quakers, and every Moravian and Separatist, enter⚫taining conscientious Scruples against making and subscribing 'the Declaration prescribed by the Act of the Ninth Year of 'the Reign of His late Majesty King George the Fourth, intituled An Act for repealing so much of several Acts as imposes 9 G. 4. c. 17. "the Necessity of receiving the Sacrament of the Lord's Supper as

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a Qualification for certain Offices and Employments, may, on

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' accepting

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accepting Office in any Municipal Corporation as Mayor,
'Alderman, or Councillor, instead of making such Declaration,
' be permitted to make the Declaration in the said Act of this
' present Session mentioned: And whereas the Relief given by
the said last-mentioned Act may safely be extended in manner
herein-after mentioned;' 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 every Person being of the Persuasion of the
People called Quakers, or being a Moravian or Separatist, and
entertaining such conscientious Scruples as aforesaid, who has
been or shall be placed, elected, or chosen in or to the Office of
Recorder, Bailiff, Town Clerk, or Common Councilman, or any
Office of Magistracy, or Place, Trust, or Employment relating
to the Government of any City, Corporation, Borough, or
Cinque Port within England and Wales, or the Town of Berwick-
upon-Tweed, or who has been or shall be admitted into any
Office or Employment, or has accepted or shall accept from
Her Majesty, Her Heirs or Successors, any Patent, Grant, or
Commission, may, instead of making and subscribing the
Declaration prescribed by the said Act of the Ninth Year of
the Reign of His said late Majesty King George the Fourth,
make and subscribe the Declaration contained in the said Act of
this present Session of Parliament; and every such Person so
making and subscribing such last-mentioned Declaration shall
have the same Rights, Powers, and Authorities which he would
have had if he had made and subscribed the Declaration con-
tained in the said Act of the Ninth Year of the Reign of His
said late Majesty King George the Fourth: Provided always,
that every Declaration to be made by virtue of this Act shall
be made and subscribed before the same Person or Persons, or
Court, and within the same Time, and shall be preserved in
the same Manner, as by the said Act of the Ninth Year of the
Reign of His said late Majesty King George the Fourth is
directed as to the Declaration therein mentioned.

CAP. XVI.

An Act to indemnify such Persons in the United King-
dom as have omitted to qualify themselves for Offices
and Employments, and for extending the Time
limited for those Purposes respectively until the
Twenty-fifth Day of March One thousand eight hun-
dred and thirty-nine; and for the Relief of Clerks
to Attornies and Solicitors in certain Cases.

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[11th April 1838.] WHEREAS divers Persons, who, on account of their

Offices, Places, Employments, or Professions, or any other Cause or Occasion, ought to have taken and subscribed the Oaths or Assurance respectively appointed to be by such • Persons

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