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c. 83.

it is deemed avisable to enable the defendants in such suits to cause No. V. all further proceedings therein to be suspended until the end of the 4 & 5 W. 4, next session of parliament, upon the terms herein-after expressed: Be it therefore enacted, &c., That from and after the passing of this act it shall and may be lawful for the defendant or defendants in any action Proceedings or suit which may have been commenced or instituted since the passing stayed on deof the said recited act for the recovery of tithes, or for invalidating fendant's payclaims of a modus decimandi, or an exemption from or discharge of tithes, ing costs into for lands in respect whereof no tithes, nor any composition in lieu court. thereof, shall have been actually rendered or paid within the space of sixty years previous to the passing of this act, with the consent of the plaintiff or plaintiffs in such action or suit, to pay the amount of the costs and expences (to be taxed as between party and party) which may have been incurred by or on the part of the plaintiff or plaintiff's in such action or suit into the Bank of England, in the name and with the privity of the accountant general of the court of chancery or of the court of exchequer, or of the proper officer of the court in which such action or suit shall have been brought, to the credit or on account of such action or suit; and in every case where such costs and expences shall be so paid into court, all further proceedings in such action or suit (except as herein-after provided) shall be stayed and suspended until the end of the next session of parliament.

II. That from and after the end of the next session of parliament it Plaintiff may shall and may be lawful for the plaintiffor plaintiffs in any action or give notice to suit, in which the defendant or defendants shall have caused the pro- defendant of his ceedings to be stayed or suspended under the provision herein-before intention to contained to give notice to the defendant or defendants of his, her, or proceed; in their intention to proceed in such action or suit and to proceed there which case the

defendant with accordingly; and then and in every such case the defendant or de

may

have his costs fendants shall, immediately after such notice shall have been so given, be entitled to receive out of court the sum or sums which such defendant or defendants shall have previously paid into court on account of the costs of the plaintiff' or plaintiffs.

III. Provided always, That it shall and may be lawful for the plaintiff if plaintiff acor plaintiff's in any action or suit in which the defendant or defendants cepts the costs, shall have paid into court the costs of such plaintiff or plaintiffs under all proceedings the provision herein-before contained, to take the sum or sums which to be abanmay have been so paid for such costs out of court, for his, her, or their doned. own use, and then and in every such case all further proceedings in such action or suit shall be for ever abandoned and relinquished.

IV. That it shall and may be lawful for the successors, heirs, execu- Executors, tors, administrators, or assigns of any plaintiff or plaintiffs, whose heirs, &c., may action or suit may be so stayed or suspended as aforesaid, to revive and act in case of proceed with such action or suit after the end of the next session of death. parliament, or to take such costs as aforesaid out of court, and cause all further proceedings to be abandoned and relinquished, in the same manner in every respect as the original plaintiff or plaintiff's might or could have done.

V. Provided always, That notwithstanding the provision herein- Juriges may, before contained it shall and may be lawful for any party to any action upon sufficient or suit so suspended, upon adducing sufficient proof to the satisfaction cause shown, of a judge of the court in which such action or suit shall have been permit actions commenced that there is danger of some material evidence in support

to be proceed

ed with. of the right or claim of such party being lost in consequence of such suspension, to proceed in such action or suit to the extent of proving such fact or facts the evidence respecting which shall be so shown as aforesaid to be in danger of being lost through such suspense.

VI. Provided always, That nothing in this act contained shall pre- As to previous vent the prosecution of any suit in law or equity for the recovery of claims. any tithes claimed or demanded previous to the passing of the said recited act, or for the recovery of the value thereof.

out of court.

[No. VI.] 5 & 6 W. IV. c. 74.-An Act for the more easy Recovery of Tithes.

[9th September 1835.] WHEREAS an act was passed in the seventh and eighth years of 7 & 8 W.3, the reign of king William the third, intituled An Act for the more c. 6.

easy Recovery of Small Tithes, whereby it was amongst other things enacted, that two or more of his Majesty's justices of the peace were authorized and required to hear and determine complaints touching small tithes, oblations, and compositions substracted or withheld, not exceeding forty shillings: and whereas an act was passed in the fifty

third year of the reign of his late Majesty king George the Third, 53 G.3, c. 127. intituled An Act for the better Regulation of Écclesiastical Courts in Eng

land, and for the more easy Recovery of Church Rates and Tithes, whereby the jurisdiction of the said justices was extended to all tithes, oblations, and compositions substracted or withheld, where the same should not exceed ten pounds in amount from any one person : and whereas by an act of the seventh and eighth years of the reign of king William the third, chapter thirty-four, provision is made for the recovery of great and small tithes (not exceeding the amount of ten pounds) due from quakers, by distress and sale, under the warrant of two justices : and whereas by an act of the first year of the reign of king George the First, chapter six, the provisions of the said last-mentioned act were extended, in the case of quakers, to all tithes or rates, and customary rights, dues, and payments belonging to any church or chapel: and whereas by the said recited act of the fifty-third year of the reign of king George the third the aforesaid provisions in relation to quakers were amended, and were also made applicable to any amount not exceeding fifty pounds : and whereas by an act of the parliament of Ireland of the seventh year of the reign of king George the Third, chapter twenty-one, amended and extended by an act of the parliament of the United Kingdom of the fifty-fourth year of the reign of king George the Third, chapter sixtyeight, similar provisions are in force in Ireland for the recovery, from quakers, of great and small tithes, and customary and other rights, dues, and payments belonging to any church or chapel, not exceeding the amount of fifty pounds : and whereas it is highly expedient, and would further tend to prevent litigation, if, in the cases and with the exceptions herein-after mentioned, all claimants were restricted to the

respective remedies provided by the said recited acts : be it therefore Proceedings enacted, &c. that from and after the passing of this act no suit or other for the recovery proceeding shall be had or instituted in any of his Majesty's courts in of tithes under England now having cognizance of such matter for or in respect of any 101. (except in tithes, oblations, or compositions withheld, of or under the yearly value the case of quakers) shall

of ten pounds (save and except in the cases provided for in the two be had only

first-recited acts), but that all complaints touching the same shall, exunder the cept in the case of quakers, be heard and determined only under the powers of the powers and provisions contained in the said two first-recited acts of iwo first recited parliament in such and the same manner as if the same were herein set

forth and re-enacted; and that no suit or other proceeding shall be had or instituted in any of his Majesty's courts either in England or Ireland now having cognizance of such matter, for or in respect of any great or small tithes, moduses, compositions, rates, or other ecclesiastical dues or demands whatsoever, of or under the value of fifty pounds, withheld by any quaker either in England or Ireland ; but that all complaints touching the same, if in England, shall be heard and determined only under the powers and provisions contained in the said recited acts of the seventh and eighth years of king William the third, chapter thirty-four, and the fifty-third year of king George the third ; and if in Ireland under the said recited act of the parliament of Ireland, of the seventh year of king George the Third, and the said

recited act of the fifty-fourth year of king George the third, in the same Proviso. manner as if the same were herein set forth and re-enacted: Pro

vided always, that nothing here in-before contained shall extend to any

acts.

case in which the actual title to any tithe, oblation, composition, modus, No. VI. due, or demand, or the rate of such composition or modus, or the actual 5 & 6 W. 4, liability or exemption of the property to or from any such tithe, oblation,

c. 74. composition, modus, due, or demand shall be bona fide in question, nor to any case in which any suit or other proceeding shall have been actually instituted before the passing of this act.

II. That in case any suit or other proceeding has been prosecuted or Manner of recommenced, or shall hereafter be prosecuted or commenced in any of covering tithes his Majesty's courts in England or Ireland, for recovering any great or due from quasmall tithes, modus or composition for tithes rate, or other ecclesiastical kers. demand, substracted, unpaid, or withheld by or due from any quaker, no execution or decree or order shall issue or be made against the person or persons of the defendant or defendants, but the plaintiff or plaintiffs shall and may have his execution or decree against the goods or other property of the defendant or defendants ; and in case any person now is detained in custody in England or Ireland under any execution or decree in such suit or proceeding, the sheriff or other officer having such person in his custody shall forthwith discharge him therefrom; and the plaintiff or plaintiffs in such suit or proceeding shall and may, notwithstanding such discharge, issue any other execution or take any other proceeding for recovering his demand and his costs out of the property, real or personal, of the person so discharged.

[No. VII.) 5 & 6 W. IV. c. 75.-An Act for the Amend

ment of the Law as to the Tithing of Turnips in certain Cases.

[9th September 1835.] WHEREAS it is frequently convenient and necessary, in the agist

ment of turnips by sheep or cattle, to sever the turnips from the ground, in order that they may be the more easily and completely consumed, and thereby to prevent waste, and it is not reasonable that such severance should vary or affect the payment of tithe: Be it therefore enacted, &c., That from and after the passing of this act, in all Turnips severcases where turnips shall be severed in the manner and for the purpose ed from the aforesaid, and shall be eaten on the ground by sheep or cattle, and not land, if conotherwise removed, the same shall be subject to the payment of tithe sumed on the in the same manner and to the same extent as if they had been eaten same, subject by such sheep or cattle without having been so severed as aforesaid, to tithe as if not and no farther or otherwise.

80 severed.

(No. VIII.] 5 & 6 W. IV. c. 79.–An Act to suspend until

after the sixth day of April, one thousand eight hundred and thirty-six, proceedings for recovering Payment of certain Instalments of the Money advanced under the Acts for establishing Tithe Compositions in Ireland.

[9th September 1835.]

PART II.

CLASS III.

APPROVEMENT AND INCLOSURE OF COMMONS.

of the poor.

[No. I.] 1 & 2 W. IV, c. 42.-An act to amend an Act of

the Fifty-ninth Year of His Majesty King George the Third, for the Relief and Employment of the Poor.

[15th October 1831.] WHEREAS by an act passed in the fifty-ninth year of the reign of 59 G. 3, c. 12. his late Majesty King George the Third, intituled An Act to amend

the Laws for the Relief of the Poor, certain power is given to churchwardens and overseers of the poor to provide land for the employment

of the poor to an extent not exceeding twenty acres : And whereas such Churchwar

limitation to twenty acres has been found inconvenient in many dens, &c. may parishes: Be it therefore enacted, &c., That it shall and may be lawful provide land to for the churchwardens and overseers of the poor of any parish to hire a certain extent and take on lease, for the employment of the poor of such parish, any for employment suitable portion or portions of land within or near to such parish, to an

extent not exceeding fifty acres. Churchwar. II. That, in order to extend the salutary and benevolent purposes of dens, &c. may this act, it shall and may be lawful for the churchwardens and overseers inclose part of of the poor of any parish to inclose from any waste or common land or waste lands for ground lying in or near to such parish, with the consent in writing of cultivation, the lord of the manor and the major part in value of the persons with consent. having right of common thereupon, signified under their hands and

seals, any part or portion of such waste or common land not exceeding fifty acres, and to cultivate and improve the same for the use and benefit of such parish and the poor persons within the same, or to let any part or parts of the same to any poor and industrious inhabitant or inhabibants of such parish, to be by him or them occupied and cultivated on

his or their own account. Power to hire III. That the powers and authorities hereby given to churchwardens land, &c. ex- and overseers of the poor shall extend to and may be exercised by the tended to guar. guardians of the poor of any parishes or places which are or may be dians, &c.

incorporated or united under and by virtue of an act made and passed

in the twenty-second year of the reign of his late Majesty King George 22 G. 3, c. 83. the Third, intituled An Act for the better Relief and Employment of the

Poor, or under or by virtue of any local act or acts, and by the overseers of all townships, villages, and places having separate overseers, and

maintaining their poor separately. Provisions of IV. That the clauses, powers, and authorities, regulations, provisions, recited act ex- and directions, in and by the said recited act given, contained, and tended to lands made with respect to the providing of land for the employment of the hired, &c. un

poor, or to the cultivation, management, or disposition thereof, or to der this act.

the poor persons employed thereon or renting any portion thereof, shall, so far as the same are applicable, be deemed and taken to extend to any land which shall be provided under this act, and to the poor

persons employed thereon or renting any portion thereof respectively. No settlement V. Provided always, That no poor inhabitant of any parish or place, to be gained by to whom any land shall be let which shall or may have been or shall be lands hiredt. hired or taken or inclosed under or by virtue of the said recited act or

this act, shall gain a settlement by reason of his renting and occupying or paying parochial taxes for such land, either alone or with any other land or tenement.

[No. II.] 1 & 2 W. IV. c. 59.-An Act to enable Church

wardens and Overseers to inclose Land belonging to the Crown, for the Benefit of poor Persons residing in the parish in which such Crown Land is situated.

[20th October 1831.] WHEREAS by an act passed in the fifty-ninth year of the reign of his

late Majesty King George the Third, intituled An Act to amend the 59 G. 3, c. 12. Laws for the Relief of the Poor, power is given to churchwardens and overseers of the poor to provide land for the employment of the poor : and whereas it is expedient to extend such power, so as to enable churchwardens and overseers of the poor to acquire for such purposes portions of forest or waste lands belonging to the crown: be it therefore enacted, &c., That it shall and may be lawful for the churchwardens and over- Churchwarseers of the poor of any parish to inclose from any forest or waste lands dens, with conbelonging to the crown lying in or near to such párish, with the consent sent of treasury, in writing of the lord high treasurer or the commissioners of his Ma- may inclose jesty's treasury of the United Kingdom of Great Britain and Ireland for crown lands not

exceeding fifty the time being, to be signified by some warrant under his or their hand or hands, any part or portion of such forest or waste lands not exceeding fifty acres, for the purpose of cultivating and improving the same for the use and benefit of such parish and the poor persons within the same.

II. Provided always, That no poor inhabitant of any parish or place Persons renting to whom any land shall be let which shall or may have been or shall be such land not to hired or taken or inclosed under or by virtue of the said recited act or gain a settlethis act, shall gain a settlement by reason of his renting and occupying

ment. or paying parochial taxes for such lands, either alone or with any other land or tenement.

acres.

[No. III.) 2 W. IV. c. 42.-An Act to authorize in

Parishes inclosed under any Act of Parliament) the letting of the Poor Allotments in small portions to industrious Cottagers.

[1st June 1832.] WHEREAS in parishes inclosed under acts of parliament there are in

many cases allotments made for the benefit of the poor, chiefly with a view to fuel, which are now comparatively useless and unproductive: and whereas it would tend much to the welfare and happiness of the poor if those allotments could be let at a fair rent, and in small portions, to industrious cottagers of good character, while the distribution of fuel might be augmented by appropriating the said rents to the purchase of an additional quantity; be it therefore enacted, &c., That it shall and Trustees and may be lawful for the trustees of the said allotments, together with the parish officers churchwardens and overseers of the poor, in parish vestry assembled, in vestry assemand they are hereby required, to let portions of any such allotment, not bled may let less than one fourth of a statute acre, and not exceeding one such acre, portions of poor

allotments to to any one individual, according to their discretion, as a yearly occupa

industrious cot. tion from Michaelmas to Michaelmas, (and at such rent as land of the

tagers. same quality is usually let for in the said parish,) to such industrious cottagers of good character, being day labourers or journeymen legally settled in the said parish, and dwelling within or near its bounds, as shall apply for the same in the manner herein-after mentioned.

II. Provided also, That the person hiring the same shall be held Land to be duly bound to cultivate it in such a manner as shall preserve the land in a cultivated. due state of fertility.

Vestry to be III. That for the purpose of carrying this act into effect a vestry shall held annually be held in the first week in September in every year, of which ten days' to receive applı

cations.

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