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year 1854.

448

List of Public General Acts-17 & 18 Vict. chapter 21 ; and for making Provision for the 40. An act to continue an Act of the last Appointment and for Remuneration of a Sti- Session of Parliament, for extending for a pendiary Justice for the Division of Manches- limited time the Provision for Abatement ter in the County of Lancaster, and of Clerks of Income Tax in respect of Insurance on to such Justices and the Justices for the Lives. Borough of Salford ; and for other purposes. 41. An act to continue the Poor Law Board.

21. An act to apply the Sum of 8,000,0001. 42. An act to continue certain Acts for re. out of the Consolidated Fund to the Service of gulating Turnpike Roads in Ireland. the

43. An act to continue an Act of the 17th 22. An act to enable the Collector General of year of her present Majesty, for charging Dublin to levy Money to repay a certain Out- the Maintenance of certain poor Persons in lay by the Corporation for preserving and im- Unions in England and Wales upon the proving the Port of Dublin in and about re- Common Fund. pairing the Quay Wall of the River Liffey, and 44. An act for regulating and maintaining for future Repairs thereof, and for repairing and the Harbours of Holyhead, and for vesting rebuilding Bridges over the said River. them in the Admiralty.

23. An act for raising the Sum of 6,000,0001. 45. An act to amend the Dublin Carriage by Exchequer Bonds and Exchequer Bills. Act, 1853.

24. An Act for granting to her Majesty an 46. An act to continue certain Acts relating increased Rate of Duty on Profits arising from to Linen, Hempen, and other Manufactures in Property, Professions, Trades and Offices. Ireland.

25. An act to amend the Industrial and 47. An act to alter and improve the Mode Provident Societies' Act, 1852.

of taking Evidence in the Ecclesiastical Courts 26. An act to assimilate the Law and Prac- of England and Wales. tice existing in Cases of High Treason in Ire- 48. An act to authorise the Inclosure of cerland to the Law and

Practice existing in Cases tain Lands, in pursuance of a Special Report of of High Treason in England.

the Inclosure Commissioners for England and 27. An act for granting certain additional Wales. Rates and Duties of Excise.

49. An act for the Settlement of Claims 28. An act to alter and amend certain upon and over the New Forest. Duties of Customs.

50. An act to continue an Act of the 12th 29. An act to alter the Duties of Customs year of her present Majesty, for amending the on Sugar, Molasses, and Spirits.

Laws relating to Savings Banks in Ireland ; 30. An act for granting certain Duties of and to authorise Friendly Societies to invest Excise on Sugar made in the United Kingdom. the whole of their Funds in Savings Banks.

31. An act for the better Regulation of the 51. An act to confirm certain Provisional Traffic on Railways and Canals.

Orders made under an Act of the 15th year of 32. An act to facilitate the Apportionment her present Majesty, to facilitate Arrangements of the Rent when Parts of Lands in Lease are for the Relief of Turnpike Trusts, and to make taken for the Purposes of the Church Building certain Provisions respecting Exemptions from Acts.

Tolls. 33. An act to place Public Statues within 52. An act to continue an Act for authoristhe Metropolitan Police District under the ing the Application of Highway Rates to TurnControl of the Commissioners of her Majesty's pike Roads. Works and Public Buildings.

53. An act to confirm Provisional Orders of 34. An act to enable the Courts of Law in the General Board of Health for the Districts England, Ireland, and Scotland to issue Pro- of Plymouth, Haworth, Aberdare, Bishop cess to compel the Attendance of Witnesses Auckland, Willenhall, and Over Darwen. out of their Jurisdiction, and to give effect to 54. An act to guarantee the Liquidation of the Service of such Process in any Part of the a Loan or Loans for the Service of the Colony United Kingdom.

of Jamaica. 35. An act to repeal certain Provisions of 55. An act for the Registration of Bills of an Act of the 5th and 6th years of her present Sale in Ireland. Majesty, concerning the holding of Assizes for 56. An act to make further Provisions in the County of Warwick.

relation to certain Friendly Societies. 36. An act for Preventing Frauds upon 57. An act to amend the Law relating to the Creditors by secret Bills of Sale of Personal Appointment of Returning Officers in certain Chattels.

Cases. 37. An act for establishing the Validity of 58. An act to continue certain Turnpike certain Proceedings in her Majesty's Court of Acts in Great Britain, and to make further Vice-Admiralty in Mauritius.

Provisions concerning Turnpike Roads in 38. An act for the Suppression of Gaming England. Houses.

59. An act to allow Verdicts on Trials by 39. An act to indemnify such Persons in the Jury in Civil Causes in Scotland to be reUnited Kidgdom as have omitted to qualify turned although the Jury may not be unanithemselves for Offices and Employments, and mous. to extend the Time limited for those purposes 60. An act to amend an Act of the 12th respectively.

and 13th years of her present Majesty for

List of Public General Acts-17 & 18 Vict.

449 the more effectual Prevention of Cruelty to 81. An act to make further Provision for Animals.

the good Government and Extension of the 61. An Act to authorise the Application of University of Oxford, of the Colleges therein, a Sum of Money out of the forfeited and un- and of the College of Saint Mary, Winchester. claimed Army Prize Fund in enlarging and 82. An act further to improve the Adminiimproving the Royal Military Asylum. stration of Justice in the Court of Chancery of

62. An act to extend the benefits of two the County Palatine of Lancaster. Acts of her Majesty relating to the Constitu- 83. An act to amend the Laws relating to tion, Transmission, and Extinction of He- the Stamp Duties. ritable Securities in Scotland.

84. An act to extend the Provisions of the 63. An act to continue the Poor Law Com Acts for the Augmentation of Benefices. mission for Ireland.

85. An act for better securing the collect64. An act to amend an Act of the last ing and accounting for the Land Tax, AssessSession, for extending the Public Libraries ed Taxes, and Income Tax, by the Collectors Act, 1850, to Ireland and Scotland.

thereof. 65. An act for further continuing certain 86. An act for the better Care and Retemporary Provisions concerning Ecclesiastical formation of Youthful Offenders in Great Jurisdiction in England.

Britain. 66. An act to continue the Exemption of 87. An act to make further Provision for Inhabitants from Liability to be rated as such the Burial of the Dead in England beyond the in respect of Stock in Trade or other Property Limits of the Metropolis. to the Relief of the Poor.

88. An act to render valid certain Marriages 67. An act to facilitate the Purchase of of British Subjects in Mexico. Common, Commonable, and other Rights, 89. An act to amend the Laws for the better by the Principal Officers of her Majesty's Prevention of the Sale of Spirits by unlicensed Ordnance.

Persons, and for the Suppression of Illicit Dis68. An act to provide for the Application of tillation, in Ireland. certain Stock purchased with Moneys which 90. An act to repeal the Laws relating to arose from the Sale of Part of the Land Re-Ueury and to the Enrolment of Annuities. venues of the Crown in Ireland.

91. An act for the Valuation of Lands and 69. An act to indemnify Local Boards of Heritages in Scotland. Health as regards rating for the Repair of 92. An act to continue an Act of the 11th Highways under the Public Health Act, 1848. year of her present Majesty, for the better Pre

70. An act to enable the Trustees of Port- vention of Crime and Outrage in certain Parts land Chapel, Oxford Chapel, and Welbeck of Ireland. Chapel, in the parish of Saint Marylebone, to 93. An act for the Exchange of the Office augment the Salaries of the Ministers of the in Somerset House of the Duchy of Cornwall said Chapels.

for an office to be erected in Pimlico on the 71. An act to amend the Law concerning Hereditary Possessions of the Crown. the making of Borough Rates in Boroughs not 94. An act to alter the Mode of providing within the Municipal Corporation Acts. for certain Expenses now charged upon cer

72. An act to provide for Payment of the tain Branches of the Public Revenues and Salaries of the Sheriff and Sheriff Clerk of upon the Consolidated Fund. Chancery in Scotland.

95. An act to make better Provision for the 73. An act to amend the Acts for the Regu- Administration of the Laws relating to the lation of Joint Stock Banks in Scotland. Public Health.

74. An act to render Reformatory and In- 96. An act for allowing Gold Wares to be dustrial Schools in Scotland more available manufactured at a lower Standard than that for the Benefit of Vagrant Children.

now allowed by Law, and to amend the Law 75. An Act to remove Doubts concerning relating to the assaying of Gold and Silver the due Acknowledgment of Deeds by Married Wares. Women in certain Čases.

97. An act to amend and extend the Acts 76. An act for the Formation, Regulation, for the Inclosure, Exchange, and Improveand Government of Convict Prisons in Ireland. ment of Land.

77. An act to provide for the Mode of pass- 98. An act to regulate the Salaries of the ing Letters Patent and other Acts of the Crown Parochial Schoolmasters of Scotland. relating to India, and for vesting certain 99. An act to provide for the Establishment Powers in the Governor General of India in of a National Gallery of Paintings, Sculpture, Council.

and the Fine Arts, for the Care of a Public 78. An Act to appoint Persons to adminis. Library, and the Erection of a Public Museum, ter Oaths, and to substitute Stamps in lieu of in Dublin. Fees, and for other purposes, in the High 100. An Act to make further provision for Court of Admiralty of England.

the more speedy and efficient Despatch of 79. An act for further regulating the Sale Business in the High Court of Chancery. of Beer and other Liquors on the Lord's Day. 101. An act to continue and amend the Acts

80. An act to provide for the better Regis- now in force relating to Friendly Societies. tration of Births, Deaths, and Marriages in 102. An Act to consolidate and amend the Scotland.

Laws relating to Bribery, Treating, and, undue

450

List of Public and General Act8.-List of Local and Personal Acts.

Influence at Elections of Members of Parlia. Amendment of the Laws and Duties of ment.

Customs. 103. An act to make better Provision for 123. An act to render any Dealing with the paving, lighting, draining, cleansing, sup- Securities issued during the present War beplying with Water, and Regulation of Towns tween Russia and England by the Russian in Ireland.

Government a misdemeanor. 104. An act to amend and consolidate the 124. An act to settle the Contribution to be Acts relating to Merchant Shipping.

made by certain Baronies in Roscommon and 105. An act to amend the Laws relating to Galway and the County of the Town of Gal. the Militia in England and Wales.

way to the Midland Great Western Railway of 106. An act for amending the Laws relating Ireland Company. to the Militia, and raising a Volunteer Force, 125. An act for the further Amendment of in Scotland.

the Process, Practice, and Mode of Pleading 107. An act to amend the Laws relating to in and enlarging the Jurisdiction of the Suthe Militia, and for raising a Volunteer Militia perior Courts of Common Law at Westminster, Force, in Ireland.

and of the Superior Courts of Common Law 108. An act to suspend the making of Lists of the Counties Palatine of Lancaster and and the Ballots for the Militia of the United Durham. Kingdom.

109. An act to defray the Charge of the LIST OF LOCAL AND PERSONAL Pay, Clothing, and contingent and other Ex

ACTS. penses of the Disembodied Militia in Great Britain and Ireland; to grant Allowances in Declared Public, and to be Judicially Noticed. certain Cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assist

17 & 18 Vict. 1854. ant Surgeons, Surgeons' Mates, and Serjeant- 1. An act for better supplying with Gas Majors of the Militia; and to authorise the Em- the town of Middleton and the neighbourhood ployment of the Non.commissioned Officers. thereof in the County Palatine of Lancaster.

110. An act to provide for the repayment 2. An act to enable the London Life Assoof Moneys advanced from the Exchequer to ciation to increase the amount authorised by the county of Mayo for Public purposes. their Deed of Settlement to be assured upon a

111. An act to continue and amend the single Life in the said Society. Metropolitan Sewers' Acts.

3. An act for granting further powers to 112. An act to afford greater Facilities for “ The Radcliffe and Pilkington Gas Comthe Establishment of Institutions for the Pro- pany." motion of Literature and Science and the Fine 4. An act to enable the Leeds New Gas Arts, and to provide for their better Regulation. Company to raise a further Sum of Money; to

113. An Act to amend the Law relating to consolidate and amend the Acts relating to the the Administration of the Estates of deceased Company; and for other purposes, Persons.

5. An act for enabling the Brighton, Hove, 114. An act to extend the Rights enjoyed and Preston Constant Service Waterworks by the Graduates of the Universities of Oxford Company to purchase the undertaking of the and Cambridge in respect to the Practice of Brighton, Hove, and Preston Waterworks Physic to the Graduates of the University of Company; and for granting to the first-named London.

Company all necessary powers for supplying 115. An act to amend the Law relative to with water the parishes of Brighton, Hore, and the Removal of Prisoners in Custody.

Preston in the County of Sussex. 116. An act to continue and amend an Act 6. An act for incorporating and extending to facilitate the Management and Improvement the powers of the Hastings and Saint Leonards of Episcopal and Capitular Estates in England. Gas Company,

117. An act to facilitate the Sale and Trans- 7. An act for enabling the Norwich Equitfer of Incumbered Estates in the West Indies. able Fire Assurance Company to sue and be

118. An act to empower the Legislature of sued in that name, and for other purposes. Canada to alter the Constitution of the Legis- 8. An act for the Improvement of the bo lative Council for that Province, and for other rough of Warrington; and for enabling, the purposes.

Council thereof to erect a covered Market 119. An Act for regulating Appointments and for other purposes. to Offices in the Court of Bankruptcy, and for 9. An act to warp and improve certain Land amending the Laws relating to Bankrupts. in the Level of Hatfield Chase.

120. An act to repeal certain Acts and Parts 10. An act for enabling the Nottingha of Acts relating to Merchant Shipping, and to Waterworks Company to raise a further Sur continue certain Provisions in the said Acts. of Money; and for amending some of tt

121. An act to apply a sum out of the Con- Provisions of the Act relating to such Con solidated Fund and certain other Sums to the

pany. Service of the year 1854, and to appropriate ii. An act to consolidate the Stock a the Supplies granted in this Session of Par- Powers of the Corporation of “ The Royal E liament.

change Assurance of Houses and Goods fro 122. An act for the further Alteration and Fire," with the Stock and Powers of the c

a

Local Acts.-Notes of the Week.-Superior Courts : Lords Justices.-Rolls. 451 poration of "The Royal Exchange Assurance," 19. An act for enabling the Scarborough and to confer on the last-named Corporation Public Market Company to raise a further the Powers of " The Royal Exchange Assu- Sum of Money, and for amending and consolirance Annuity Company” and “The Royal dating the Provisions of the Act relating to Exchange Assurance Loan Company,” and to such Company. give additional powers to “The Royal Exchange 20. An act for Lighting with Gas the boAssurance."

rough of Bolton and places near thereto, and 12. An act to confer additional powers upon for other purposes, and of which the short the Corporation of the Amicable Society for a title is “The Bolton Gas Company's Act, perpetual Assurance Office, for the purposes of 1854.” Investment.

21. An act for continuing the Term and 13. An act to enable the Dock Company at amending and extending the Provisions of Kingston-upon-Hull to raise a further Sum of the Act relating to the Kingswood District of Money, and

to convert the Mortgage and Bond Turnpike Roads in the County of Gloucester. Debt of the Company into Debenture Stock and 22. An act for repealing “ The Stafford Gas Perpetual Annuities; and for other purposes. Act, 1846 ;" and for reconstituting the Stat

14. An act for establishing a Police Super- ford Gas Company, with additional Powers; annuation Fund in the Borough of Liverpool. and for other purposes.

15. An act to make further Provision for the Sewerage, Sanitary Regulation, and Im

[To be continued.] provement of the Borough of Liverpool.

16. An act for better supplying with Water the town of Southport in the County Palatine

NOTES OF THE WEEK, of Lancaster, and the Neighbourhood thereof.

17. An act for supplying with Gas Ramsbot. tom and other places in the Parish of Bury in Appointed under the Bribery Act, 17 & 18 the County Palatine of Lancaster. 18. An act to enable Rossendale Water

Vict. c, 102. works Company to raise a further Sum of Derby, Mr. James Wallack. Money.

Wigan, Mr. W. A. Barrow.

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ELECTION AUDITORS.

RECENT DECISIONS IN THE SUPERIOR COURTS.

TO PERSO

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Lords Justices.

vexatious conduct on their part they could no Norton v. Cooper. July 25, 1854. be called on to pay the costs of the redemptior REDEMPTION SUIT AGAINST MORTGAGEES suit, and the order would be varied accord

IN POSSESSION OF MINES.-INTEREST on ingly.
ADVAXCES.-COSTS.

Master of the Rolls.
The mortgagees in possession of certain iron

mines had expended moneys for working Atherton v. Crowder. July 17, 1854. the mines, and had also paid interest to the

WILL.- .-CONSTRUCTION.-GIFT prior incumbrancers : Held, on appeal from

NAL REPRESENTATIVES.-DESCENDANTS. Vice-Chancellor Stuart, that they were entitled to interest on such payments, and

A testator by his will gave a life interest ini also to their costs of a redemption suit

all his real and personal estate to his wife where their conduct was not shown to be

and after her death to be divided among vexatious.

such of her children as should be liviny ut This suit was instituted for the redemption

her death, and he directed that in case an of certain iron mines in the possession of the

of such children should die in her lifetime, mortgayees, and for an account. It appeared

the personal representatives of the child or that the mortgagees had expended moneys in

children so dying should take per stirpe the purchase of limestone, &c., for smelting

and not per capita : Held, on the death of the ore, and had also paid interest to the prior

a child in the widow's lifetime, withou: incumbrancers. The Master on a reference

leaving issue, that the descendants and no had allowed these payments, and the Vice

the executors and administrators were en Chancellor Stuart had overruled exceptions to

titled. bis finding, but disallowing interest on such In this case it appeared that the testator , payments, and also the costs of suit, where his will gave a life estate in all his real and p upon this appeal was presented.

sonal estate to his wife for life, and after h Malins and Kinglake for the plaintiffs ; death to be divided among such of her childre Wigram and Hardy for the defendants. who should be living only at her death, and I

The Lords Justices said, that the defendants directed that in case any of such childre. were entitled to interest on their payments for should die in her lifetime the personal reprt carrying on the works and for interest on the sentatives of the child or children so dyin prior incumbrances, and as there had been no should take per stirpes and not per cap

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STATEMENT.

452

Superior Courts: V. C. Kindersley.--7. C. Wood. One of the children died in the widow's life

Vice-Chancellor Unicod. time without issue. Scott for the administratrix of the daughter;

M'Culloch v. Gregory. June 26, 1854. Lloyd, Palmer, Fleming, and Smyth for other PURCHASE UNDER DECREE. — DISCHARGE parties.

FROM.PRACTICE: The Master of the Rolls said, that the mean- A motion on behalf of a purchaser under a ing of the words personal representatives must decree to be discharged from his purchase, be descendants, and not executors and admi- was directed to stand oder until the Masnistrators, as the words per stirpes and not per ter's report had been confirmed. capita were added, and this was confirmed by

This was a motion on behalf of the pure the subsequent part of the will.

chaser under a decree of the Court to be dis

chiarged from his purchase. Vice-Chancellor Kindersley.

Bird in support; W. M. James, contrà.

The Vice-Chancellor said, that the motion Thomson v. Judge. June 27, 1854. must stand over until the Master's report of EQUITY JURISDICTION IMPROVEMENT ACT. the purchase was confirmed, but without pre-SUPPLEMENTAL

NEW judice to this motion. ISSUE. A bill charged that the defendant had obtained Elt v. Burial Board of Islington. June 29. a bequest by undue influence, and after evi

1854. dence was taken and publication passed,

INJUNCTION BILL. COSTS OF WRITTEN the plaintiff moved for leave to amend or

COPY FILED. to file a supplemental statement under the 15 & 16 Vict. c. 86, s. 53, that the testator

A written bill had been filed in an injunction had executed the will in ignorance of its

case under the 15 & 16 Vict, c. 86,.. 6: contents : Held, that this was a different

Held, that the plaintif was entitled to the issue to that raised by the bill, and the

costs where it was not shown they had been motion was refused, with costs.

incurred malâ fide. This was a motion for leave to amend this the Taxing Master to allow the costs of a

This was an application for a direction to bill or to file a supplemental statement under the 15 & 16 Vict. c. 86, s. 53, in this admi- ritten bill which had been filed in this innistration suit. The bill charged that the de- junction case under the 15 & 16 Vict

. c. 86, fendant had obtained a bequest by undue inAuence, and evidence had been taken and pub- August 7, 1852, which directs, that “no costs

Rolt, in support, cited the 2nd Order of lication passed.

Bazalgette in support, on the ground that are to be allowed, either as between party and the evidence showed the testator had executed party, or as between solicitor and client, for the will in ignorance of its contents.

written bill or written copy of a bill

, filed

under the 15 & 16 Vict. c. 86, s. 6, or for any Glasse and Shee, contrà. The Vice-Chancellor said, the issue raised

written copy thereof, served upon any defendby the will was that the defendant had ob- bill, unless the Court shall, in disposing of

ant thereto, or for any written brief of such tained the bequest by undue influence. The

the amendment sought, on the other hand, would

cause, direct the allowance thereof."

W'. M. James, contrà. raise the issue that the defendant bad fraudulently inserted the bequests without the testa- shown the costs had been incurred malá fide,

The Vice-Chancellor said, that as it was not tor's knowledge, and the motion must be re- the costs must be allowed. fused, with costs.

? Which enacts that “ notwithstanding the Which enacts, that "it shall not be ne- provisions hereinbefore contained, the Clerks cessary to exhibit any supplemental bill in the of Records and Writs of the said Court said Court for the purpose of stating or putting may receive and file a written copy of any in issue facts or circumstances which may have bill of complaint praying a writ of injuncoccurred after the institution of any suit ; but tion or a writ of ne exeat regno, or filed for such facts or circumstances may be introduced the purpose, either solely or among other by way of amendment into the original bill of things of making an infant a ward of the said complaint in the suit, if the cause is otherwise Court, upon the personal undertaking of the in such a state as to allow of an amendment plaintif or his solicitor to file a printed copy of being made in the bill, and if not, the plaintiff such bill within 14 days, and every bill of shall

be at liberty to state such facts or cir- complaint so filed shall be deemed and taken cumstances on the record, in such manner and to have been filed at the time of filing the subject to such rules and regulations with re-written copy thereof, and a written copy of any spect to the proof thereof and the affording the such bill of complaint stamped as aforesaid, defendant leave and opportunity of answering and with such endorsement thereon as aforeand meeting the same, as shall in that behalf said, may be served on any defendant thereto, be prescribed by any General Order of the and such service shall have the same effect as Lord Chancellor."

the service of a printed copy.

8. 6.2

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