Page images
PDF
EPUB
[blocks in formation]

(a) in consideration of the Sum of
paid to me
do hereby transfer to the said
Share [or
Company" standing in my Name in the
his Executors, Administrators, and Assigns,

in "The

Books of the Company, to hold unto the said

[or Successors and Assigns,] subject to the several Conditions on which I held the same at the Time of the Execution hereof; and I the said do hereby agree to take the said Share [or Shares] subject to the

same Conditions. As witness our hands, the

* Section XIX.

Day of

(a) These Words will be omitted if no Consideration is paid.

FORM G.+
Licence to hold Lands.

The Lords of the Committee of Privy Council appointed for the Consideration of Matters relating to Trade and Foreign Plantations, hereby licence the " under described [insert Description of Lands].

[ocr errors]

Association, Limited," to hold the Lands here

The Conditions of this Licence are [insert Conditions, if any].
Section XXXVIII.

FORM H.

For England and Ireland.

Indenture of Mortgage made between the "London Gas Company, Limited," of the one Part, and

"John Smith," of the other Part.

Whereas the said "John Smith" has advanced to the said Company the Sum of One thousand Pounds, on condition that the Company will repay the same to him on the First Day of January next, with Interest thereon in the mean Time at the Rate of Five Pounds per Centum ; and in the event of their not repaying the same on the said First of January will, so long as the same remains unpaid, pay Interest thereon at the Rate of Five Pounds per Centum by equal half-yearly Payments on the First Day of July and the First Day of January in every Year: Now it is hereby witnessed, that for securing the said Advance and Interest the Company hereby grant to the said "John Smith" and his Heirs all the Lands described in the Schedule hereto, with all their actual and reputed Appurtenances; and it is hereby declared, that if the Company fails in paying the whole of the Principal and Interest Monies hereby secured on the said First of January, the said "John Smith" or any Person for the Time entitled to such Monies may, at any Time thereafter, upon giving to the Company Three Months' Notice, sell the said mortgaged Lands, and reimburse himself out of the Monies arising from the Sale all Sums due on this Security, and all Expenses incurred by him in respect of such Sale, rendering the Surplus, if any, to the Company or their Assigns. The Condition as to Notice shall apply only between the Parties to this Indenture, and shall not affect a Purchaser, a Sale to whom shall be valid notwithstanding such Notice may not have been given.

In witness, &c.
Section XLII.

FORM I.§
For Scotland.

Bond and Disposition in Security by the "Edinburgh Gas Company, Limited," to "John Smith." Whereas the said "John Smith" has advanced to the said Company the Sum of One thousand Pounds, on condition that the Company will repay the same to him on the First Day of January next, with Interest thereon in the mean Time at the Rate of Five Pounds per Centum; and in the event of their not repaying the same on the said First of January will, so long as the same remains unpaid, pay Interest thereon at the Rate of Five Pounds per Centum by equal half-yearly Payments on the First Day of July and the First Day of January in every Year: Therefore, for securing the said Advance and Interest, the said Company hereby dispone to the said "John Smith" and his Heirs and Assignees whomsoever, all and whole (describe the Lands); and it is hereby declared that if the Company fails in paying the whole of the Principal and Interest Monies hereby secured on the said First of January, the said "John Smith," or any Person for the Time entitled to such Monies, may, at any time thereafter, upon giving to the Company Three Months' Notice, sell the said Lands, and reimburse himself out of the Monies arising from the Sale all Sums due on this Security, and all Expenses incurred by him in respect of such Sale, rendering the Surplus, if any, to the Company or their Assigns: The Condition as to Notice shall apply only between the Parties to this Indenture, and shall not affect a Purchaser, a Sale to whom shall be valid, notwithstanding such Notice may not have been given.

In witness whereof.

(To be tested and signed in common Form.)

§ Section XLIII.

CAP. XLVIII.

An Act for amending the Procedure before Magistrates and Justices of Peace
in Scotland.

ABSTRACT OF THE ENACTMENTS.

(14th July 1856.)

1. Pleadings, &c. need not be reduced to writing in certain cases.

2. Forms of procedure, &c. in such cases.

3. 14 & 15 Vict. c. 27. as to whipping, &c., and 17 & 18 Vict. c. 86, to apply to this Act.
4. Writers elected to office of Magistrates may act as Justices of the Peace.
5. Act not to supersede local Acts.

By this Act,

After reciting the 9 Geo. 4. c. 29. and the 11 Geo. 4. & 1 Will. 4. c. 37: And that it is expedient to facilitate the procedure in prosecutions for offences before the magistrates of royal burghs and before Her Majesty's Justices of the Peace in Scotland:

It is Enacted as follows:

1. Where a prosecutor shall in his libel conclude for a fine not exceeding 5l., exclusive of the costs of the prosecution, which the said magistrates and Justices are hereby empowered to give, or for imprisonment not exceeding thirty days, accompanied, when necessary, with caution for good behaviour or to keep the peace for a period not exceeding three months, and under a penalty not exceeding 10%, it shall be lawful to try such offences without the pleadings or evidence being reduced into writing: Provided always, that a record shall be preserved of the charge and of the judgment, including the names of the witnesses examined on oath, unless where the accused pleads guilty, which shall be made to appear on such record.

2. The forms of procedure and regulations applicable to such trials shall be those which are established by the said recited Acts in regard to the summary trial of offences before the sheriffs of counties, and the note of the evidence to be taken on such trials shall be made by the clerk of court,

and shall be initialed at the end of each witness's evidence by the presiding magistrate or Justice.

3. The provisions of the Act, 14 & 15 Vict. c. 27, in regard to the whipping of juvenile offenders, and in regard to sentences to hard labour, and the provisions of the Act, 17 & 18 Vict. c. 86, shall extend and apply to sentences pronounced under this Act.

4. Any writer, attorney, procurator, or solicitor who may be elected to the office of magistrate or dean of guild of any burgh, the magistrates or dean of guild of which are ex officiis Justices of the Peace by virtue of their election to such offices, shall, so long as he holds any such office, be entitled to act as a Justice of the Peace, provided he intimates to the clerk of the peace for the county in which such burgh is situated that he and any partner or partners in business with him cease to practise before any Justice of the Peace court in such county so long as he continues to hold such office as aforesaid; and it shall not be lawful for him or them thereafter, and during his continuance in office so to practise.

5. Nothing in this Act contained shall be held to supersede the provisions of any local act regulating the procedure before magistrates or Justices of the Peace in any burgh or county.

CAP. XLIX.

An Act to continue certain Turnpike Acts in Great Britain.

(14th July 1856.)

ABSTRACT OF THE ENACTMENTS.

1. All turnpike Acts which will expire on or before the end of next session continued to 1st of October 1857, &c., with certain exceptions.

2. Acts in Schedule to this Act continued till 1st of November 1857.

3. Short title.

4. Extent of Act.

[blocks in formation]

An Act (53 Geo. 3. c. cxxxiii.) for enlarging the Term and Powers of an Act of His present Majesty, for repairing the Road from the Neat Enstone and Chipping Norton Turnpike Road, through Bicester to Weston-on-the-Green in the County of Oxford, and for making a new Branch of Road to communicate therewith.

An Act (54 Geo. 3. c. xv.) for enlarging the Term and Powers of Two Acts of His present Majesty, for repairing the Road from the Warwick Road near Solihull to the Guide Post in Kenilworth, and from Stonebridge to meet the aforesaid Road at Balsall Common in the County of Warwick, so far as respects the said Road from Stonebridge to Balsall Common, and from thence to the said Town of Kenilworth.

An Act (54 Geo. 3. c. xxx.) for continuing the Term and enlarging the Powers of an Act of the Thirty-third Year of the Reign of his present Majesty, for repairing and widening the Road from Selby Ferry in the Parish of Hemingbrough to the Town of Market Weighton in the East Riding of the County of York.

An Act (54 Geo. 3. c. xlix.) to continue the Term and alter and enlarge the Powers of Three Acts of His present Majesty, for amending the Road from Besselsleigh through Wantage to Hungerford in the County of Berks, and other Roads in the said Acts mentioned, in the said County and in the County of Wilts.

An Act (54 Geo. 3. c. li.) for amending, widening, and keeping in repair the Road leading from Sturry Street to Herne Bay in the County of Kent.

An Act (54 Geo. 3. c. lix.) for continuing and amending Two Acts of His present Majesty for repairing the Road from the Guide Post at the West End of the Town of Hampton over Sunbury Common to the Town of Staines in the County of Middlesex.

An Act (54 Geo. 3. c. cci.) for repairing the Roads from Harrowgate through Ripley and Ripon to Hutton Moor, and from Kirkby Hill Moor to Ripon, in the County of York.

An Act (55 Geo. 3. c. xiv.) for repairing the Road from Haslingden through New Church and Bacup to Todmorden, and for making and maintaining several Branches therefrom, all in the County Palatine of Lancaster,

An Act (55 Geo. 3. c. xxxv.) for more effectually repairing the Road leading from Royston in the County of Hertford to Wandesford Bridge, and from the Town of Huntingdon to Somersham in the County of Huntingdon, so far as respects the Middle Division and separate District of the said Roads.

An Act (55 Geo. 3. c. xxxviii.) to continue the Term and alter and enlarge the Powers of Two Acts of His present Majesty, for amending the Road from the Bottom of Galley Hill to the Cross in Clanfield in the County of Oxford. An Act (55 Geo. 3. c. xlviii.) for repairing the Road from Sutton in the County of Surrey, through the Borough of Reigate, by Sidlow Mill, to Povey Cross, and several other Roads therein mentioned, in the same County.

An Act (59 Geo. 3. c. xcix.) for continuing and amending Three Acts of His late and present Majesty, for repairing the Roads from Brown's Lane in Great Staughton in the County of Huntingdon to the Way Post near Wellingborough Bridge in the County of Northampton, and from the Pound in Kimbolton to the Way Post near Brington Bridge in the said County of Northampton.

An Act (1 Geo. 4. c. xiv.) for continuing the Term and altering and enlarging the Powers of an Act of His late Majesty's Reign, for amending the Road leading out of the Highway from Wigan to Golborn and Warrington, into the Road from Wigan to Ashton, in Ashton in Mackerfield, in the County Palatine of Lancaster.

An Act (1 Geo. 4. c. xvii.) for enlarging the Term and Powers of an Act passed in the Thirty-seventh Year of His late Majesty, for repairing the Road from Hulmes Chapel in the County Palatine of Chester, to the South Bridge in Chelford in the said County.

An Act (1 Geo. 4. c. xxxiii.) for amending, diverting, altering, straightening, improving, completing, and keeping in repair several Roads leading from the Market House in the Town of Ludlow and elsewhere in the County of Salop. An Act (1 & 2 Geo. 4. c. xi.) for enlarging the Term and Powers of several Acts of King George the Second and of His late Majesty King George the Third, for repairing the High Road from the Borough of Ripon by Ingram Bank to the Town of Pateley Bridge in the County of York.

An Act (1 & 2 Geo. 4. c. lxxxix.) to continue the Term and alter and enlarge the Powers of Three Acts, for repairing and widening several Roads leading from the Town of Bewdley in the County of Worcester to the several Places therein mentioned in the Counties of Worcester and Salop respectively.

An Act (3 Geo. 4. c. xxxvii.) for amending, widening, altering, and keeping in repair the Road from the Upper Part of Leeming Lane in the Town of Mansfield, opposite to the End of Bath Lane, to the Turnpike Road leading from Worksop to Kelham at or near the corner of Worksop Brecks, all in the County of Nottingham.

An Act (3 Geo. 4. c. xxxix.) for continuing the Term and altering and enlarging the Powers of an Act of the Forty-second Year of the Reign of His late Majesty King George the Third, for repairing and improving the Road leading from the City of Canterbury to the Town of Ramsgate in the County of Kent; and for suspending and varying for a further limited Time so much of an Act passed in the Twenty-seventh Year of the Reign of His said late Majesty as relates to the Toll Gate and to the Tolls payable by virtue of the said Act on the Road leading from the said City of Canterbury to the Isle of Thanet in the said County of Kent; and for altering the Line of certain Parts of the said Road.

An Act (3 Geo. 4. c. lxvii.) for enlarging the Term and Powers of several Acts passed for repairing the Road from the Town of Guldeford to the Directing Post near the Town of Farnham in the County of Surrey.

An Act (3 Geo. 4. c. lxviii.) for more effectually repairing the South District of the Road from Royston in the County of Hertford to Wandesford Bridge in the County of Huntingdon.

An Act (3 Geo. 4. c. lxxxvi.) for continuing the Term and altering and enlarging the Powers of several Acts, passed in the Reign of King George the Second and His late Majesty King George the Third, for repairing the Road from Westwood Gate in the County of Bedford, through Rushden and Higham Ferrers, and over Artleborough Bridge, to Barton Seagrave Lane in the County of Northampton.

An Act (3 Geo. 4. c. lxxxix.) to continue the Term and alter and enlarge the Powers of an Act of his late Majesty King George the Third, for more effectually amending, widening, improving, and keeping in repair several Roads leading from the Hundred House in the County of Worcester, and also several other Roads therein mentioned.

An Act (4 Geo. 4. c. xxxi.) for repairing and improving the Road from Otley to Skipton in the County of York. An Act (5 Geo. 4. c. xxx.) for repairing, improving, and maintaining several Roads leading to and from Cerne Abbas in the County of Dorset.

An Act (5 Geo. 4. c. lxxxvii.) for more effectually repairing and improving the Road from Wilmslow Bridge in the County of Chester, through Nether Alderley and Congleton, to or near the Red Bull in Church Lawton in the said County.

An Act (5 Geo. 4. c. xcviii.) for more effectually repairing and improving certain Roads leading to, through, and from the Towns of Langport, Somerton, and Castle Cary, in the County of Somerset, and for making and improving other Roads in the said County.

An Act (6 Geo. 4. c. xxvii.) for more effectually repairing and improving the Road from Stockport in the County Palatine of Chester to near New Houses in the County of York, and other Roads in the said Counties, and in the County Palatine of Lancaster; and for making and maintaining several new Branches to communicate therewith. An Act (6 Geo. 4. c. lii.) for amending and repairing the Turnpike Road leading from the North End of the Town of Rotherham to the East Side of Tankersley Park in the County of York.

An Act (6 Geo. 4. c. lxxxvii.) for more effectually repairing and improving the Roads from Sheet Bridge to Portsmouth, and from Petersfield to the Alton and Alresford Turnpike Road near Ropley, in the County of Southampton; and for making and maintaining a new Branch of Road to communicate therewith.

An Act (6 Geo. 4. c. cxlvi.) for amending, repairing, and maintaining the Road from Worksop in the County of Nottingham to the North-east End of Attercliffe in the County of York.

An Act (7 & 8 Geo. 4. c. lvii.) for more effectually amending and improving the Road from Bawtry Bridge in the County of Nottingham to Hainton in the County of Lincoln, and other Roads therein mentioned.

An Act (9 Geo. 4. c. iv.) for repairing and improving the Road from Newcastle-under-Lyme to Leek, and several Branch Roads, all in the County of Stafford.

An Act (9 Geo. 4. c. xxxii.) for more effectually amending, widening, and keeping in repair Two several Districts of Road leading from High Bridges to Uttoxeter, and from the Newcastle Road at Spath, near Uttoxeter, to the Leek Road at or near Hanging Bridge in the County of Stafford.

An Act (9 Geo. 4. c. ci.) to alter, amend, and enlarge the Powers and Provisions of an Act for making a Turnpike Road from Wells next the Sea to Fakenham in the County of Norfolk, and other Roads connected therewith. An Act (1 & 2 Will. 4. c. xxxii.) for amending certain Roads in the County of Somerset, and for placing them and other Roads under the Care and Management of the Trustees of the Langport, Somerton, and Castle Cary Roads.

CAP. L.

An Act to enable Parishioners and others, forming a numerous Class, to sell Advowsons held by or in trust for them, and to apply the Proceeds in providing Parsonage Houses, augmenting small Livings, and to other beneficial Purposes; and for giving other Powers to such Persons.

ABSTRACT OF THE ENACTMENTS.

(14th July 1856.)

1. Interpretation of certain terms.

2. Power to direct sale of an advowson where required by owners present at a meeting convened for the purpose. VOL. XXXIV. STAT.

L

3. Majority of owners present to bind minority.

4. Meeting to decide question of sale, and if decided in affirmative to appoint persons to be "elected trustees.”

5. Certificate by two Justices of consent of owners being obtained, and of names of "elected trustees" (if any), to be sufficient evidence.

6. If determined to sell advowson, the same to become absolutely vested in trustees, and trustees to proceed to a sale.

7. As to conveyance of the advowson.

8. Receipts of trustees to be sufficient discharges.

9. Application of monies.

10. As to investing monies.

11. Concurrence of two-thirds of trustees necessary to give effect to resolutions.

12. For supplying vacancies in the number of trustees.

13. Trustees not to be accountable for involuntary losses.

14. Vacancies in the incumbency before sale to be filled up.

15. Owners may consent to advance of money for purposes authorized by 17 Geo. 3. c. 53, 21 Geo. 3. c. 66, 7 Geo. 4. c. 66, and 1 & 2 Vict. c. 23.

16. Certificate of Justices evidence of consent.

17. Extent of Act.

By this Act,

After reciting that it is expedient to authorize the sale of advowsons in cases where the same are vested in, or in trustees for, inhabitants, ratepayers, freeholders, or other persons, forming a numerous class, and deriving no pecuniary advantage therefrom, in order that the monies arising from such sales may be applied to the erection, re-building, or improvement (where necessary) of parsonage houses, and to the augmentation of the livings (where the same are small), and to other beneficial purposes as hereinafter provided; and that other powers should be conferred upon such persons:

It is Enacted as follows:

1. Unless there be something in the subject or context repugnant to or inconsistent with such construction, the following words shall have in this section and elsewhere in this Act the respective meanings hereby assigned to them; that is to say, The word "advowson" means an advowson vested in inhabitants, ratepayers, freeholders, or other persons, forming a numerous class, or in trustees appointed by or acting on behalf of such persons, such persons deriving no pecuniary advantage from the exercise of such right, but does not mean an advowson belonging to an endowed charity within the provisions of "The Charitable Trusts Act, 1853," and "The Charitable Trusts Amendment Act, 1855," or either of them :

The word "owners" means the inhabitants, ratepayers, freeholders, or other class of persons in whom, or in trustees for whom, an advowson is vested, such persons deriving no pecuniary advantage therefrom:

The words "existing trustees" mean the trustees in whom for the time being an advowson is vested, by virtue of any act of parliament, deed, or other instrument, in trust for or on behalf of such owners, and includes the survivors and survivor of such trustees: The words "elected trustees" mean the persons appointed by the owners under the provisions

of this Act to effect the sale of an advowson, and includes the survivors and survivor of such trustees:

The word "trustees," without the addition of the words "existing" or "elected," includes both classes of trustees herein before defined: The word "incumbent" means the rector, vicar, or perpetual curate, as the case may be, of a church or ecclesiastical benefice, the advowson of which is to be dealt with under this Act, and includes the officiating clergyman for the time being if the incumbent reside abroad or be incapable of acting.

2. The owners of an advowson may direct the sale of such advowson; and the incumbent for the time being of the church or benefice, if required in writing by ten owners, shall convene a meeting of the owners, to be held at some convenient place near to the church, for the purpose of deciding whether or not such advowson shall be sold; and every such meeting shall be called by public advertisement, to be inserted once at least in four consecutive weeks in some newspaper circulating in the county and neighbourhood in which such church shall be situate, the last of such insertions being not more than fourteen nor less than seven days prior to any such meeting, and notice of such meeting shall also, not less that fourteen days prior to the holding thereof, be affixed upon the door of such church.

3. At the meeting so called the incumbent for the time being (if present) shall be the chairman, and if he be absent, then one of the owners present, being appointed by the other owners present, shall be the chairman, and the decision of the majority of the owners then present shall bind the minority and all absent parties.

4. Such meeting shall consider and determine the question whether the advowson shall be sold, and if that question be resolved in the affirmative, the existing trustees (if such there be) shall be the persons to execute the purposes of this Act; but

« EelmineJätka »