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any ecclesiastical court, or from any admiralty or vice admiralty court, (save gata in respect in giving a definitive sentence, or any interlocutory decree having the force

to interlocu

tory orders,
&c. in appeals
from eccle-
siastical and
admiralty
courts,

and effect of a definitive sentence,) the said judicial committee and their sur-
rogates shall have full power, subject to such rules, orders, and regulations as
shall from time to time be made by the said judicial committee, (with the
approval of her Majesty in council,) to make all such interlocutory orders and
decrees, and to administer all such oaths and affirmations, and to do all such
things as may be necessary, or the judges of the courts below appealed from
or their surrogates in the cases appealed, or the judges of the courts appealed
to or their surrogates, or the lords commissioners of appeals in prize causes or
their surrogates, and the judges delegate or their condelegates under commis-
sions of appeal under the great seal in ecclesiastical and maritime causes of
appeal, would respectively have had before an Act passed in the third year of

2 & 3 Will. 4. the reign of his late Majesty, intituled "An Act for transferring the powers

c. 92.

"of the high court of delegates, both in ecclesiastical and maritime causes, "to his Majesty in council," and another Act passed in the following session

3 & 4 Will. 4. of Parliament, intituled "An Act for the better administration of justice "in his Majesty's privy council," were passed.

c. 41.

III. AND be it enacted, that the surrogates and examiners of the Arches Court of Canterbury and the High Court of Admiralty of England, and such persons as shall from time to time be appointed surrogates or examiners of the said courts, shall be by virtue of this Act surrogates and examiners and admiralty respectively of the judicial committee of the privy council in all causes of

appeals.

appeal from ecclesiastical courts and from any admiralty or vice admiralty court.

Who to be

and examiners
of the judicial

committee in
ecclesiastical

Manner of
conducting

V. AND be it enacted, that, subject to such rules and regulations as may appeals before from time to time be made by the said judicial committee with the approval

the judicial
committee.

of her Majesty in council, and save and in so much as the practice thereof may
be varied by the said Acts of the reign of his late Majesty or by this Act, the
said causes of appeal to her Majesty in council shall be commenced within the
same times, and conducted in the same form and manner, and by the same
persons and officers, as if appeals in the same causes had been made to the
Queen in Chancery, the High Court of Admiralty of England, or the lords com-
missioners of appeals in prize causes respectively; and all things otherwise
lawfully done and expedited in the said causes of appeal by the registrar of
the High Court of Admiralty of England, his deputy or deputies, in consequence
of the passing of the said Acts of the reign of his late Majesty, shall be deemed
to be valid to all intents whatsoever.

Punishing
contempts,

compelling
appearances,
enforcing

judgments,
&c. in such
appeals.

VII. AND be it enacted, that for better punishing contempts, compelling appearances, and enforcing judgments of her Majesty in council, and all orders and decrees of the said judicial committee or their surrogates, in all causes of appeal from ecclesiastical courts and from admiralty or vice admiralty courts, her Majesty in council and the said judicial committee and their surrogates shall have the same powers, by attachment and committal of the person to any of her Majesty's gaols, and subsequent discharge of any person so committed, as by any statute, custom, or usage belong to the judge of the High Court of Admiralty of England; and the said judicial committee shall have the same

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immunities and privileges as are conferred on the judge of the High Court of
Admiralty of England under an Act passed in the fourth year of the reign of
her Majesty, intituled "An Act to improve the practice and extend the juris- 3 & 4 Vict.
"diction of the High Court of Admiralty of England," as fully as if the same
had been thereby expressly given to the said judicial committee.

c. 65.

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IX. AND be it enacted, that all inhibitions, citations, monitions, and other Inhibitions, instruments incidental to or arising out of such causes of appeal shall be issued in the name of her Majesty, and under seal of her Majesty in ecclesiastical and maritime causes, and shall be of full authority in all places throughout the dominions of her Majesty.

&c. in such appeals to be in her Majesty's

name and under seal, and of force throughout the British

transmission

X. AND be it enacted, that in all appeals in ecclesiastical and maritime dominions. causes to her Majesty in council it shall be lawful for her Majesty in council, Monitions for and the said judicial committee or their surrogates, at the petition of any person of sums into interested in the same, to decree monitions for the transmission of any sum or the registry of the Admiralty sums of money respecting which any order or decree may be made, or any Court in questions may be depending arising out of such causes, and the proceeds of all ecclesiastical ships or vessels, goods, and cargoes respecting which any appeals may be depending, into the registry of the High Court of Admiralty and Appeals, for the benefit of the person or persons who may be ultimately entitled thereto, or for payment thereof to the person to whom the same may be lawfully due. XI. AND be it enacted, that it shall be lawful for her Majesty, by order in All appeals council, to direct that all causes of appeal from ecclesiastical courts,

and maritime appeals, and

for payment entitled.

to persons

from ecclesias. tical courts

• >

in which the appeal and petition of reference to her Majesty may be referred to the judicial shall have been lodged in the registry of the High Court of Admiralty and committee by Appeals within twelve calendar months from the giving or pronouncing of a general order any order, decree, or sentence appealed from, shall

in council, and may

>

proceed as if
referred by a
special order

be referred to the judicial committee of the privy council, and the said judicial
committee and their surrogates shall have full power forthwith to proceed in
the said appeals, and the usual inhibition and citation shall be decreed and in each case.
issued, and all usual proceedings taken, as if the same had been referred to
the said judicial committee by a special order of her Majesty in council in
each cause respectively.

XII. AND be it declared and enacted, that as well the costs of defending
any decree or sentence appealed from as of prosecuting any appeal, or in any
manner intervening in any cause of appeal, and the costs on either side, or of
any party, in the court below, and the costs of opposing any matter which
shall be referred to the said judicial committee, and the costs of all such issues
as shall be tried by direction of the said judicial committee respecting any
such appeal or matter, shall be paid by such party or parties, person or persons,
as the said judicial committee shall order, and that such costs shall be taxed
as in and by the said Act for the better administration of justice in the privy
council is directed respecting the costs of prosecuting any appeal or matter
referred by her Majesty under the authority of the said Act, save the costs
arising out of any ecclesiastical or maritime cause of appeal, which shall be
taxed by the registrar herein-after named, or his assistant registrar.

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XIII. AND be it enacted, that the registrar of the High Court of Admiralty of England for the time being may be appointed by her Majesty to be registrar of her Majesty in ecclesiastical and maritime causes, and shall have power

Costs may be awarded by the judicial committee,

and taxed.

Appointment of registrar and assistant registrar in

ecclesiastical and maritime

causes.

3 & 4 Vict. 0.66.

Custody of records, &c. of the Court of Delegates and Appeals.

Judicial
committee
empowered to
make rules,
&c. respecting
practice and
mode of pro-
ceeding in
appeals, &c.

Rules to be approved by her Majesty in council.

Definition of terms.

<<

to appoint an assistant registrar, as provided by an Act passed in the fourth year of the reign of her Majesty, intituled "An Act to make provision for the judge, registrar, and marshall of the High Court of Admiralty of England," and shall during his good behaviour, and while he shall be registrar of the said High Court of Admiralty, hold his office of registrar of her Majesty in ecclesiastical and maritime causes, and shall do all such things, and shall have the same powers and privileges in respect to the same, as belong to his predecessors in the office of registrar of his Majesty in ecclesiastical and maritime

causes.

XIV. AND be it enacted, that all records, muniments, books, papers, wills, and other documents remaining in the registry of the High Court of Admiralty and Appeals, appertaining to the late High Court of Delegates and Appeals for Prizes, shall be and remain in the custody and possession of the said registrar of her Majesty in ecclesiastical and maritime causes.

XV. AND be it enacted, that it shall be lawful for the said judicial committee from time to time to make such rules, orders, and regulations respecting the practice and mode of proceeding in all appeals from ecclesiastical and admiralty and vice admiralty courts, and the conduct and duties of the officers and practitioners therein, and to appoint such officer or officers as may be necessary for the execution of processes under the said seal of her Majesty, and in respect to all appeals and other matters referred to them, as to them shall seem fit, and from time to time to repeal or alter such rules, orders, or regulations: Provided always, that no such rules, orders, or regulations shall be of any force or effect until the same shall have been approved by her Majesty in council.

XVII. AND be it enacted, that in this Act all words denoting a male person shall be taken to include a female also, and all words denoting one person or thing shall be taken to include also several persons or things, unless a contrary sense shall clearly appear from the context; and that the words "Arches "Court of Canterbury," used in this Act, shall be construed to extend to such court as shall exercise the jurisdiction of the said court or be substituted for the same; and that wherever the words "ecclesiastical court" have been used in this Act the same shall be construed to extend to such court as shall exercise the jurisdiction or any part of the jurisdiction exercised by any ecclesiastical court or be substituted for the same; and the words "ecclesiastical " and maritime cause of appeal" shall be construed to extend to causes appealed from ecclesiastical courts and such court as shall exercise the jurisdiction or any part of the jurisdiction exercised by any ecclesiastical court or be substituted for the same.

CHAPTER XXXIX.

AN ACT for Confirmation of certain Marriages in Ireland. [28th July 1843.]

WHEREAS marriages have in divers instances been had and celebrated in

Ireland, by Presbyterian and other Protestant dissenting ministers or teachers, or those who at the time of such marriages had been such, between persons being of the same or different religious persuasions; and it is expedient

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celebrated in

5 & 6 Vict.
c. 113, and

to confirm such marriages: Be it therefore enacted by the Queen's most All marriages
excellent Majesty, by and with the advice and consent of the lords spiritual Ireland since
and temporal, and commons, in this present Parliament assembled, and by the the passing of
authority of the same, that all marriages had and celebrated in Ireland since
the passing of an Act passed in the last session of Parliament, intituled "An
"Act for confirmation of certain marriages in Ireland," and before the passing
of this Act, by Presbyterian or other Protestant dissenting ministers or
teachers, or those who at the time of such marriages had been such, shall be,
and shall be adjudged and taken to have been and to be, of the same force and
effect in law as if such marriages had been had and solemnized by clergy-
men of the United Church of England and Ireland, and of no other force nor
effect whatsoever.

before the
passing of this
Act, by Pres-
byterian or
tant dissenting
ministers, or
the time of

other Protes

those who at

such marriages
had been
such, to be
of the same
force in law as
if solemnized
by clergymen
of the Esta-
blished Church.

CHAPTER XL.

AN ACT to amend the Laws for the Prevention of Frauds and Abuses by
Persons employed in the Woollen, Worsted, Linen, Cotton, Flax, Mohair,
and Silk Hosiery Manufactures; and for the further securing the Property
of the Manufacturers and the Wages of the Workmen engaged therein.
[1st August 1843.]

WHEREAS an Act was passed in the session of Parliament held in the.

c. 36.

eighth and ninth years of King William the Third, intituled "An 8 & 9 Will. 3 "Act for the further encouragement of the manufacture of lustrings and "alamodes within this realm, and for the better preventing the importation "of the same," whereby (amongst other matters therein contained) certain penalties, forfeitures, and punishments therein referred to were imposed upon persons embezzling or otherwise unlawfully selling or receiving, as therein is mentioned, silk delivered by the silk manufacturers to be worked up: And whereas an Act was passed in the first year of the reign of her late Majesty Queen Anne, intituled "An Act for the more effectual preventing the abuses 1 Ann. st. 2. " and frauds of persons employed in working up the woollen, linen, fustian, c. 22. "cotton, and iron manufactures of this kingdom": And whereas the said Act was made perpetual by an Act passed in the ninth year of the reign of her said late Majesty Queen Anne, intituled "An Act for reviving and continu- 9 Ann. c. 32. ing an Act made in the first year of her Majesty's reign, for the more effectual "preventing abuses and frauds of persons employed in the working up the "woollen, linen, fustian, cotton, and iron manufactures of this kingdom": And whereas an Act was passed in the twelfth year of the reign of his late Majesty King George the First, intituled "An Act to prevent unlawful combination 12 Geo. 1. "of workmen employed in the woollen manufactures, and for better pay"ment of their wages": And whereas an Act was passed in the thirteenth

"

c. 34.

year of his late Majesty King George the Second, intituled "An Act to 13 Geo. 2.

"

explain and amend an Act made in the first year of the reign of her late c.8.

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Majesty Queen Anne, intituled 'An Act for the more effectual preventing the "abuses and frauds of persons employed in the working up the woollen, linen,

66 6

66

fustian, cotton, and iron manufactures of this kingdom,' and also for extending the said Act to the manufacture of leather": And whereas an Act was passed in the twenty-second year of the reign of his late Majesty King George

(C

the Second, intituled "An Act for the more effectual preventing of frauds
" and abuses committed by persons employed in the manufacture of hats, and
"in the woollen, linen, fustian, cotton, iron, leather, fur, hemp, flax, mohair,
" and silk manufactures, and for preventing unlawful combinations of journey-
men dyers and journeymen hotpressers, and of all persons employed in the
"said several manufactures, and for the better payment of their wages": And
whereas another Act was passed in the seventeenth year of the reign of his
late Majesty King George the Third, intituled "An Act for amending and
"rendering more effectual the several laws now in being for the more effectual
preventing of frauds and abuses by persons employed in the manufacture of
hats, and in the woollen, linen, fustian, cotton, iron, leather, fur, hemp, flax,
mohair, and silk manufactures, and also for making provisions to prevent
"frauds by journeymen dyers": And whereas an Act was passed in the
thirty-second year of his late Majesty King George the Third, intituled “An
"Act for extending the provisions of an Act made in the thirteenth year of
"the reign of his present Majesty, intituled 'An Act to empower the magis-
"trates therein mentioned to settle and regulate the wages of persons employed

""

' in the silk manufactures within their respective jurisdictions,' to manufac"tures of silk mixed with other materials, and for the more effectual punish"ment of buyers and receivers of silk purloined and embezzled by persons "employed in the manufacture thereof": And whereas the provisions of the said Acts have not been effectual to prevent frauds, embezzlements, and abuses by persons employed in the woollen, linen, cotton, flax, mohair, and silk hosiery manufactures and it is expedient to repeal so much of the said recited Acts as relates to the said manufactures, and to make further provisions in lieu thereof, as well for the benefit and encouragement of trade and manufactures as for the security of the property of manufacturers and the wages of the workmen engaged in the said manufactures: 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 commencement of this Act so much of the said recited Acts or any of them as relates to the repealed as to woollen, linen, cotton, flax, mohair, and silk manufactures, or any of them, or

manufactures

any manufactures whatsoever made of wool, cotton, flax, mohair, or silk materials, whether the same be or be not mixed with each other or with any other materials, shall, so far as respects the manufactures, trades, occupations, and employments herein-after mentioned, be and the same are hereby repealed, save and except so far as the same may have repealed any former Acts or enactments.

22 Geo. 2. c. 27.

17 Geo. 3. c. 56.

32 Geo. 3. C. 44.

So much of the said Acts as relates to the woollen, linen, cotton, flax, mobair,

and silk

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manufactures, trades, &c. herein-after mentioned.

Persons convicted of pawning or embezzling any of the materials or tools herein particularized to forfeit the value of the same, with penalty, and

costs.

II. AND be it enacted, that if any person whosoever intrusted with any woollen, worsted, linen, cotton, flax, mohair, or silk materials, for the purpose of being prepared, worked up, or manufactured, either by himself or by any person or persons to be employed by or under him, or by himself jointly with any person or persons to be employed with, by, or under him, or for any purpose or work connected with manufacture or incidental thereto, or any parts, branches, or processes thereof, or any tools or apparatus for manufac turing the said materials, shall sell, pawn, purloin, embezzle, secrete, exchange, or otherwise fraudulently dispose of the same materials, tools, or apparatus, or any part thereof, he shall, upon being thereof lawfully convicted by the oath

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