Right of Presentation, or Patronage, and which are or shall be settled to the same Uses as the said Advowson, Right of Presentation, or Patronage: Provided always, that the Amount of Costs to Such Costs to be charged under the Authority of this Act shall be determined and be determined certified by the Master of the Court of Common Pleas in Ireland, by Master of whose Certificate shall be final and conclusive, for the Purpose in Ireland. of the Securities hereby authorized to be made, that the Amount specified in such Certificate was properly and necessarily incurred. Common Pleas Master's Cer IX. And be it enacted, That it shall be lawful for any Plaintiff Costs to be having obtained any Certificate as aforesaid, and which Certificate charged on shall be deposited in the Office for registering Deeds in Ireland, Lands, &c. by Deed under his Hand and Seal to charge the said Lands, specified in Tenements, and Hereditaments which by this Act he is authorized tificate. to charge with the Amount specified in such Certificate; and such Charge, subject to all prior Incumbrances affecting the said Lands, Tenements, or Hereditaments, shall, on being registered in the Office for registering Deeds in Ireland, pursuant to the Statutes for that Purpose, be as valid and effectual to all Intents and Purposes as if made by a Person having the absolute Interest in the said Lands, Tenements, and Hereditaments; and that it shall and may be lawful for the said Plaintiff to exercise such Power of charging said Lands in favour of any Person that he may think fit, either as a Security for the Loan of Money or otherwise; and that such Charge so created shall bear Interest from the Day of the Registration of the Deed creating same, at a Rate not exceeding Five Pounds per Centum per Annum, and shall be capable of being assigned and transferred. X. Provided always, and be it enacted, That it shall not be Liability of lawful for any Person entitled to the said Charge to proceed to such Lands, &c. raise the Amount of the same by Sale of any of the Lands, Tene- limited. ments, and Hereditaments upon which same shall be so charged, during the Continuance of the Life Estate of the Person so creating said Charge, nor shall it be lawful for such Person, at the Determination of the said Life Estate, to charge more than One Year's Arrear of Interest accruing during the said Life Estate, upon the Inheritance or Remainder in the said Lands; and that it shall be lawful for the Person entitled to such Charge, whenever One Year's Interest shall be in arrear, to apply by Petition, verified by Affidavit, to a Court of Equity in Ireland, stating the Facts, and it shall and may be lawful for such Court of Equity, on being satisfied that such Charge has been rightly created under this Act, and that One Year's Interest is due thereon, to appoint a Receiver over all or a competent Part of the Lands, Tenements, and Hereditaments included in such Charge, for the Purpose of paying such Interest, or if a Receiver be already appointed over such Lands, then to extend the said Receiver to the Matter of such Petition. XI. And be it enacted, That in case a Verdict shall be had Plaintiff may against any Plaintiff, Tenant for Life as aforesaid, in any such Suit charge his or Action, or the Plaintiff be nonsuited, or Judgment shall be given Costs, &c. if against such Plaintiff, or such Action shall be discontinued, dis- nonsuited, provided the missed, or abated before any Trial thereof, it shall and may be Judge certifies lawful for such Plaintiff to charge all such reasonable Costs and that they ought Expences which he shall incur in such Actions, including the to be charged. Costs Construction of Act. To what Suits Provisions of this Act shall extend. 9 G. 4. c. 17. Costs of any Appeal or Writ of Error from any Judgment therein, together with all Costs to which the Plaintiff may become liable upon such Lands, Tenements, and Hereditaments, (except the said Advowson,) as he would have been entitled under the Provision herein-before contained to charge his Costs if he had been sue cessful in said Suit; provided that the Judge before whom such Action shall be tried, in case of a Verdict or Nonsuit in a Tris at Nisi Prius before a single Judge, and in all other Cases th Chief Justice of the Court of Common Pleas in Ireland, shal certify by Writing under his Hand that the said Plaintiff had pro bable Cause for instituting such Proceedings, and that such Cos ought properly to be charged upon the Lands, Tenements, an Hereditaments by this Act made chargeable therewith; and upo the obtaining of such Certificate the like Reference shall be made to the Master of the Court of Common Pleas to ascertain the Amount of such Costs, and the like Proceedings in all respects had, as herein-before provided in the Case in which the Plaintif shall succeed, and with the same Force and Effect in all respects as is herein-before provided with regard to the same: Provided always, that the Certificate of the Judge or Lord Chief Justice as the Case may be, shall be deposited, in such Case, together with the Master's Certificate of the Amount of such Costs, in the Office for registering Deeds in Ireland. XII. And be it enacted, That the Word "Plaintiff" in this Act, shall be deemed and construed to include the Case in which more than One Person is Plaintiff; and that, except where the Provisions or Context of this Act exclude such Construction, every Word importing the Singular Number only shall extend and be applied to mean several Persons and Things as well as one Person and Thing; and that every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male. XIII. And be it enacted, That all the Provisions of this Act, shall extend and be applied to all such Cases in which Proceedings have been taken or Suits commenced for the Recovery of the Advowsons of or Right of Presentation to any Ecclesiastical Benefice in Ireland in the Names of any Person or Persons, as Trustees, where the immediate Cestuique Trust would be only Tenant for Life of such Advowson; and that for the Purpose of this Act all such Proceedings shall be deemed to have been taken and such Actions instituted in the Name of the said Tenant for Life, who shall have the same Power of charging the Cost: and Expences incurred by him or by such Trustees, upon any Lands, Tenements, and Hereditaments of which he is Tenant for Life, as if the said Proceedings had been brought in the Name of such Tenant for Life, and not in the Name of said Trustees. CA P. LII. An Act for the Relief of Persons of the Jewish Religion WH Supper Persons pro Supper as a Qualification for certain Offices and Employments, upon Admission into Office in Municipal Corporations, cannot conscientiously be made and subscribed by Persons of the Jewish * Religion: 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, instead of the Declaration required to be made and subscribed by the said fessing the recited Act, every Person of the Jewish Religion be permitted to Jewish Relimake and subscribe the following Declaration within One Calendar gion, on acceptMonth next before or upon his Admission into the Office of of Mayor, &c., ing the Office Mayor, Alderman, Recorder, Bailiff, Common Councilman, Coun- to make a Deellor, Chamberlain, Treasurer, Town Clerk, or any other Muni- claration. pal Office in any City, Town Corporate, Borough, or Cinque Port, within England and Wales or the Town of Berwick-upon Tweed. IA.B., being a Person professing the Jewish Religion, having Declaration. conscientious Scruples against subscribing the Declaration contained in an Act passed in the Ninth Year of the Reign of King George the Fourth, intituled An Act for repealing so much of several Acts as imposes the Necessity of receiving the Sacrament of the Lord's Supper as a Qualification for certain Offices and Employments, do solemnly, sincerely, and truly declare, That I will not exercise any Power or Authority or Influence which I may possess by virtue of the Office of to injure or weaken the Protestant Church as it is by Law established in England, nor to disturb the said Church, or the Bishops and Clergy of the said Church, in the Possession of any Right or Privileges to which such Church or the said Bishops and Clergy may be by Law entitled.' IL And be it enacted, That such Declaration shall, with respect Declaration to to any such Office, be of the same Force and Effect as if the be as valid as Person making it had made and subscribed the Declaration afore- that of said contained in the said Act of the Ninth Year of the Reign of 9 G. 4. c. 17. King George the Fourth. CA P. LIII. An Act to continue to the First Day of October One thousand WHEREAS it is expedient that the several Acts herein after specified should be continued for a limited Time :' 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, That every Act now in force for regu- Continuance lating, making, amending, or repairing any Turnpike Road in of Acts. Great Britain, which will expire on or before the End of the next Session of Parliament, shall be continued until the First Day of October in the Year One thousand eight hundred and forty-six, and to the End of the then next Session of Parliament; except such Acts for making, repairing, or regulating any Turn 8&9 VICT. pike Road or Roads as shall be sooner repealed under the Provi sions of an Act passed in the last Session of Parliament, intitulat 7 & 8 Vict. c. 91. An Act to consolidate and amend the Laws relating to Turnpik Trusts in South Wales. s. 34. Alteration of Act. 7 & 8 G. 4. c. 43. The Lord Lieu tenant and Privy Council in Ireland, with the Consent of the Archbishop, Bishop, and Patrons, may unite Parts of One or more Parishes to any other Parish or Parishes. II. And be it enacted, That this Act may be amended repealed by any Act to be passed in this Session of Parliament. WE CA P. LIV. An Act to amend the Laws in force in Ireland for Union and all Provision Provision contained shall be construed to prejudice the Powers in the said recited Act contained as to Unions or Divisions of Parishes. nant and Coun ment of the II. And whereas by the said recited Act it is amongst other When new things also enacted, "that when Two or more Churches or Unions are Parishes shall be united into One, in pursuance of the said created, the Act, the same having formerly had distinct Patrons, in such Lord Lieute Cases the Lord Lieutenant or other Chief Governor or Go- cil, with the vernors of Ireland for the Time being, and Privy Council, with Assent of the the Advice and Approbation of the respective Archbishop and Archbishop, Bishop in whose Province and Diocese the said Churches were Bishop, and situate, shall divide the Patronage by Turns among the Patrons, Patrons, may make a Settlegiving to each of them a Right to present oftener and seldomer, according to the true yearly Value of the respective Parish or Patronage. Parishes whereof they are Patrons, the Consent of each Patron being first had, and entered in the Instrument for erecting the said Union; and such Settlement or Settlements as aforesaid shall be final and binding to all Patrons, whether Ecclesiastical or Lay Patrons, and to all Parties for ever; reserving always unto every Archbishop and Bishop, Registrars and Schoolmasters, their respective Dues payable out of every such Parish so united: Provided always, that where the Queen's Majesty, Her Heirs and Successors, is or shall be entitled to the Presentation of any of the said Parish Churches so to be united, he and they shall, from and immediately after such Union, upon the then first Vacancy, have the first Presentation of an Incumbent unto such united Church, and afterwards, upon the then next Vacancy, the other respective Patrons severally, as the Lord Lieutenant or other Chief Governor or Governors and Council aforesaid, with the Advice and Approbation aforesaid, shall direct and appoint, regard being had to the respective Values of the several Parishes so to be united as aforesaid, and so in course respectively in manner aforesaid:" And whereas it is expedient that further 'Provision should be made for the Settlement of the Patronage of Ecclesiastical Unions;' be it therefore enacted, That where, in pursuance of the said recited Act or this Act, Two or more Churches or Parishes shall be united into One, or where any Parish or Part of a Parish or Parts of Parishes shall be united to any other Parish or Parishes or Part of a Parish or Parts of Parishes, in every such Case it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, with the Assent of Her Majesty's Privy Council in Ireland as aforesaid, if he and they shall so think fit, and with the Advice and Approbation of the Archbishop and the Bishop in whose Province and Diocese the said Churches, Parishes, Part or Parts of a Parish or Parishes, are situate, certified under their Hands and Archiepiscopal and Episcopal Seals, and with the Consent of each Patron or Person, or Body Politic, Corporate, or Collegiate, whose Ecclesiastical Patronage shall be in anywise affected by the Creation of such Union, (every such Consent to be first had, and entered in the Instrument for erecting the said Union,) to make and establish such a Settlement or Distribution of the Patronage of such Union, and of the Patronage of all Ii 2 Unions |
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