Calls for Money in advance to be made on the Overseers of the several Parishes, Interpretation of Terms. Short Title. Second of such Meetings, apply to the Poor Law Board to be included in this Act; and upon the Consent of that Board being given under its Seal to such Application, and subject to such Terms and Conditions as that Board may deem requisite, such Union or Incorporation shall be so included from such Time as the said Board shall declare; and such Consent so signified shall be Evidence that such Application was in all respects duly made according to the Provisions above mentioned. 15. When this Act has been adopted by any such Union or Incorporation as aforesaid, and such Adoption has been legally brought into operation in such Union or Incorporation, the Body having the Management of the Relief of the Poor therein shall from Time to Time make Calls in advance for Money for the Relief of such Poor upon the Overseers of the several Parishes therein respectively, on the Basis of an equal Pound Rate on the annual Value of the Property in each Parish rateable to the Relief of the Poor according to the Law in force for the Time being, and shall have the same Powers of enforcing such Calls as they now possess under the Provisions of such Local Act for enforcing Calls or Rates for the Relief of the Poor; and such Overseers shall have the same Powers for making, levying, and enforcing Rates to meet and pay such Calls as they now possess, either under the Provisions of such Local Act or the General Law relating to the making, levying, and enforcing Rates for the Relief of the Poor. 16. The Words herein used shall be interpreted in the Manner prescribed by the Statute of the Fourth and Fifth Years of William the Fourth, Chapter Seventy-six, and the subsequent Acts amending or explaining the same, and the Provisions in such Acts which apply to poor Persons rendered chargeable upon the Common Fund by reason of their having become irremovable through the Operation of the Statutes in that Behalf shall apply to all the Poor in the Union hereby rendered chargeable upon the Common Fund. 17. This Act may be cited as "The Union Chargeability Act, 1865." Definition of Powers of CA P. LXXX. An Act to explain and amend "The Lunatic Asylum Act, 1853," and "The County of a City or County of a Town, and Borough is defined to mean every Borough, Town, and City Corporate having a Quarter Sessions, Recorder, and a Clerk of the Peace: And whereas by "The Lunacy Acts Amendment Act, 1862," it is provided that the Word" County" shall not, except in the Case of the City of London, mean a County of a City or County of a Town: And whereas certain Counties of Cities and Counties of Towns have Quarter Sessions and Clerks of the Peace, but no Recorders, wherefore the same do not come within the Provisions of "The Lunatic Asylum Act, 1853," and the • Acts construed as One therewith: And whereas it is expedient to remedy such Defect:' Be it 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, as follows: 1. That the Word " County" in " The Lunatic Asylum Act, 1853," and the several Acts construed as One therewith, shall be construed to include every County of a City or County of a Town having Quarter Sessions and a Clerk of the Peace, and no Recorder, 2. The Justices of every County of a City or County of a Town having Quarter Sessions and a Clerk of the Peace, and no Recorder, shall have all the Powers and such Counties. Authorities conferred on or given to the Justices of every Borough not having any Asylum by by Section Seven of "The Lunatic Asylum Act, 1853," notwithstanding such County of a City or Town may have an Asylum of its own: Provided always, that it shall not be obligatory on any such County of a City or Town to keep up and maintain any such Asylum from and after or during such Time as it shall avail itself of the Provisions of the said Section. 3. This Act shall be construed as One with "The Lunatic Asylum Act, 1853," and several Acts construed as One therewith, and may be cited for all Purposes as "The Lunacy Act Amendment Act, 1865." This and recited Acts to be construed together. CA P. LXXXI. An Act to render valid Marriages heretofore solemnized in the Chapel of Ease WE HEREAS the Church or Chapel known as Saint James-the-Greater in the Tithing or Hamlet of Eastbury in the County of Berks and Diocese of Oxford is a Chapel of Ease to the Parish Church of Lamborne aforesaid, and was on the Twelfth Day of April One thousand eight hundred and fifty-three duly consecrated for the Performance of Divine Service, but no Authority hath ever been given by the Bishop of the said Diocese or otherwise for the Publication of Banns and Solemnization of Marriages therein: And ' whereas divers Marriages have nevertheless been solemnized in the said Church or Chapel, under an erroneous Impression on the Part of the Minister thereof, that, by virtue of the Consecration of the said Church or Chapel, or otherwise, Marriages might be lawfully solemnized therein, and Entries of the said Marriages so solemnized have from Time to Time been made in the Register Books kept either at the said Church or Chapel or at the Parish Church of Lamborne aforesaid: And whereas it is expedient, under the Circumstances aforesaid, to remove all Doubts touching the Validity of the Marriages so solemnized in the said Church or Chapel:' 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, as follows: 6 solemnized in 1. All Marriages heretofore solemnized in the said Church or Chapel, by the Officiating Marriages Minister thereof or by any other Clergyman, respectively being duly ordained Ministers of heretofore the Church of England, and the Publication of Banns in such Church or Chapel by such Chapel of St. Minister or Clergyman, previous to any such Marriages, shall be and be deemed to have James-thebeen as good, valid, and effectual in the Law to all Intents and Purposes whatsoever as if Greater to be such Marriages had been solemnized and such Publication of Banns had taken place in the those in LamParish Church of Lamborne aforesaid. as valid as borne Church. 2. No Minister who has solemnized any of the said Marriages shall be liable to any Minister Ecclesiastical Censures, or to any other Proceedings or Penalties whatsoever, by reason of officiating not his having so solemnized the same respectively. liable to Censure. Registers of 3. The Registers of the Marriages so solemnized, or Copies of such Registers, shall be received in all Courts of Law and Equity as Evidence of such Marriages respectively, in such Marriages the same Manner as Registers of Marriages in Parish Churches, or Copies thereof, are by Law receivable in Evidence. to be Evidence. 23 & 24 Vict. c. 72. Short Title. "Church Offices." Patronage, &c. of newly formed Bene fice, on Endow ment of 700l., may be assigned to Contributor. Certain Provisions of original Act extended to Contracts. Registration and Effect of Contracts. CA P. LXXXII. An Act to amend "The Endowment and Augmentation of Small Benefices follows: 1. This Act may be cited as "Endowment and Augmentation of Small Benefices Act (Ireland) Amendment Act, 1865," and shall with the said recited Act, herein-after called the original Act, constitute One Act. 2. In the Construction of this Act the Words "Church Offices" shall mean Marriages, Burials, and Churchings. 3. The Bishop of the Diocese may, at his absolute Discretion, by an Instrument under his Hand and Seal, which shall be filed in the Registry, assign the Right of Patronage of any Benefice formed out of One or more Parishes or Places, and the Nomination of the Incumbent thereof, either in perpetuity or for One or more Nominations, to any Body or Person, or their or his Nominee or Nominees, in consideration of such Body or Person contributing Money or other Property not less in Amount or Value than Seven hundred Pounds, to be invested or secured, according to the Directions of the Ecclesiastical Commissioners for Ireland, towards the permanent Endowment of such Benefice, or towards providing a Church or Chapel for the Use of the Inhabitants of the District; and until any such Assignment shall be made, and subject to it when made, the said Right of Patronage and Nomination shall be dealt with according to the Provisions of the Acts of the Fourteenth and Fifteenth Years of the Queen, Chapter Seventy-two, and the Twenty-third and Twentyfourth Years of the Queen, Chapter Seventy-two. 4. The Provisions contained in the original Act or this Act for the Endowment and Assignment of the Advowson, Right of Patronage of or Nomination or Presentation to any Benefice, by the Ecclesiastical Person seised thereof, shall extend to a Contract for the like Purposes, whether entered into before or after such Benefice shall be fully constituted, or before or during the building of a Church for any such Benefice, or previous to or after the Consecration thereof, or previous to or after the Appointment of an Incumbent thereto. 5. The Contract shall be by Deed, and be entered in the Registry of the Diocese, and enrolled in the Rolls Office of the High Court of Chancery in Ireland, and thereupon such Contract, so far as it is in accordance with the Provisions of the original Act and not repugnant thereto, shall be binding upon the Parties to it, their Heirs, Executors, Administrators, and Successors in Office, and shall without any further Assignment, upon the Fulfilment of the Terms of the Contract and upon the Provisions of the original Act being complied with, absolutely vest the Patronage of the Benefice contracted for in the Nominees of the Person or Persons or Body endowing the same, in such Mode as may be provided by such Contract and be in accordance with the original Act: Provided always, that every such Contract shall, at the Expiration of Six Years from its Date, be null and void, unless in the meantime the Provisions thereof for the Endowment of the Benefice shall have been fully performed. 6. When a Benefice has been endowed and the Patronage thereof vested or assigned have exclusive under this or the original Act, the Incumbent of such Benefice shall have exclusive Cure of Incumbent to Souls Souls within the same, and where formed out of any other Parish or Place shall not be in anywise subject to the Control or Interference of the Incumbent of the Mother Church of the Parish or Place out of which such Benefice shall be taken. Offertory. 7. The Money given in the Offertory of the Church of any Benefice of which the As to Money Patronage has been vested or assigned under this or the original Act, shall be disposed of by given in the the Incumbent and Churchwardens of such Church in the same Manner as the Money given at the Offertory in any ancient Parish Church may be disposed of, any Law or Usage for the Payment of the same to a Mother Church notwithstanding. Church Offices. 8. The accustomed Fees for the Performance of Church Offices in any Benefice formed Fees for out of another Parish or Place the Patronage of which has been acquired under this or the original Act, which would be payable for the like Offices had they been performed in the Mother Church of the Parish or Place out of which such Benefice shall have been taken, shall be payable and be paid to the Incumbent of the Benefice, and the several Laws, Statutes, and Customs in force relating to the Publication of Banns of Matrimony and to the Performance of Church Offices, and the registering thereof, and to the suing for and recovering of Fees, Oblations, or Offerings in respect thereof, shall apply to the Church of such Benefice and the Incumbent thereof. of Fees. 9. Such Fees shall, where the Benefice has been formed out of another Parish or Place, Application belong to the Incumbent of the Mother Church during his Incumbency; and an Account of such Fees shall be kept by the Incumbent of the Benefice, who is hereby required to receive and every Six Months pay over the same (or such Proportion thereof as shall be payable) to the Incumbent of the Mother Church. And from and after the Avoidance of the original Mother Church next after the Formation of the Benefice such Fees shall belong and be paid to the Incumbent of the Benefice. Diocese to 10. Where any such Benefice, the Patronage of which is acquired under this or the Bishop of original Act, shall be formed out of more Parishes than One, the Bishop of the Diocese determine Proshall, by Writing under his Hand, determine in what Proportion the Fees for Church portion of Fees, Offices performed in the Benefice, and directed by this Act to be paid over to the &c. in certain Incumbent of the Mother Church, shall be divided between the Incumbents of such Cases. Parishes. CA P. LXXXIII. An Act for further regulating the Use of Locomotives on Turnpike and other [5th July 1865.] WHEREAS by the "Locomotives Act, 1861," certain Provision was made for 24 & 25 Vict. regulating the Use of Locomotives on Turnpike and other Roads, and it is expedient c. 70. 'that further and fuller Provision should be made for that Object:' 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, as follows: 1. This Act shall not come into operation till the First Day of September One thousand Commenceeight hundred and sixty-five, which Day is herein-after referred to as the Commencement of ment of Act. the Act, and shall cease and determine on the First of September One thousand eight hundred and sixty-seven. 2. After the Commencement of this Act, and so long as the same shall continue in force, Certain the Fifth, Ninth, Eleventh, and Fifteenth Sections of the said recited Act, and all Orders Sections of made in pursuance of the said Fifth Section, are hereby repealed. 3. Every 24 & 25 Vict. c. 70. repealed. Rules for the working Loco motives on Turnpike Roads and Highways as herein stated. Penalty on Limit of Speed on Turnpike 3. Every Locomotive propelled by Steam or any other than Animal Power on any Turnpike Road or public Highway shall be worked according to the following Rules and Regulations; viz. Firstly, at least Three Persons shall be employed to drive or conduct such Locomotive, Fourthly, the Whistle of such Locomotive shall not be sounded for any Purpose what- Sixthly, any Person in charge of any such Locomotive shall provide Two efficient Lights In the event of a Non-compliance with any of the Provisions of this Section, the Owner of the Locomotive shall, on summary Conviction thereof before Two Justices, be liable to a Penalty not exceeding Ten Pounds; but it shall be lawful for such Owner, on proving that he has incurred such Penalty by reason of the Negligence or wilful Default of any Person in charge of or in attendance on such Locomotive, to recover summarily from such Person the whole or any Part of the Penalty he may have incurred as Owner. 4. Subject and without Prejudice to the Regulations herein-after authorized to be made of Locomotives by Local Authorities, it shall not be lawful to drive any such Locomotive along any Turnpike Road or public Highway at a greater Speed than Four Miles an Hour, or through any City, Town, or Village at a greater Speed than Two Miles an Hour; and any Person acting contrary thereto shall for every such Offence, on summary Conviction thereof, forfeit any Sum not exceeding Ten Pounds. Roads and Size and which may * used. be Restrictions as to the Use of within 25 Locomotives used for 5. Subject to the Provisions of this Act, any Locomotive which shall not exceed Nine Feet in Width or Fourteen Tons in Weight may be used on any Turnpike Road or public Highway, provided that the Wheels of such Locomotive be constructed according to the Requirements of the said recited Act; and no Locomotive exceeding Nine Feet in Width or Fourteen Tons in Weight shall be used on any such Road, except subject to the Provisions contained in the Third Section of the said Act as to the Use of Locomotives exceeding Seven Feet in Width and Twelve Tons in Weight. 6. Any Provision in any Act contained prohibiting, under Penalty, the Erection and Use of any Steam Engine, Gin, or other like Machine, or any Machinery attached thereto, Steam Engines within the Distance of Twenty-five Yards from any Part of any Turnpike Road, Highway, Yards of Roads Carriageway, or Cartway, unless such Steam Engine, Gin, or other like Engine or Machinot to apply to nery be within some House or other Building, or behind some Wall, Fence, or Screen sufficient to conceal or screen the same from such Turnpike Road, Highway, Carriageway, or Cartway, shall not extend to prohibit the Use of any Locomotive Steam Engine for the Purpose of ploughing within such Distance of any such Turnpike Road, Highway, Carriageway, or Cartway, provided a Person shall be stationed in the Road, and employed to signal the Driver when it shall be necessary to stop, and to assist Horses, and Carriages drawn by Horses, passing the same, and provided the Driver of the Engine do stop in proper Time. ploughing Pur poses. |