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Unions and Parishes from which any Parish or Parishes or an
III. And be it enacted, That in case the Lord Lieutenant or other Chief Governor or Governors of Ireland and Privy Council shall by virtue of the Powers in that Behalf in them vested under any Act now in force or under this Act divide old Parishes, separate any Parish or Part or Parts of a Parish or Parishes heretofore united, and in case the Incumbent of any Union of Parish or Part of a Parish divided or separated shall by virtue of any Law or Statute be entitled to receive from the next Successor of such Incumbent in such Union, Parish or Parishes, or Part thereof, any Sum or Sums of Money on account of any Purchase of or Addition to Glebes, or of any Buildings or Improvements, or of Money paid by such Person to his immediate Predecessor such Accounts respectively, then and in every such Case it shall and may be lawful for such Lord Lieutenant or other Chief Governor or Governors and Privy Council to order and direct that such Sum or Sums of Money shall be charged and charge able, in such Shares and Proportions as they shall think just and reasonable, upon the several Parishes or Part or Parts of Parishes respectively theretofore united; and such Shares and Proportions shall be paid and payable by the several Incumbents of such Parishes respectively, or Part or Parts of Parishes respectively, to such person and at such Times and in such Manner as the whole of such Sum or Sums of Money would have been payable by virtue of any Law or Statute in force in Ireland in case such Division or Separation had not taken place: Provided always, that it shall and may be lawful for every such Incumbent or other Person, or his Representatives, having paid any such Share of Proportion in manner aforesaid, to receive and recover from his next and immediate Successor such Part of such Share and Proportion, at such Time, and by such Ways and Means, as if such Share or Proportion had been paid by him to his next and imme diate Predecessor by virtue of any Law or Statute in force in Ireland, unless there shall be any Provision to the contrary thereof contained in such Order of such Lord Lieutenant or other Chief
Governor or Governors and Privy Council as aforesaid, in which last-mentioned Case such Part of such Share or Proportion shall not be recoverable from such Successor.
IV. And whereas it is expedient, and hath been agreed The Division of between and by the Archbishop of Dublin and the Bishop of the Union of Leighlin, Ferns, and Ossory, and the present Incumbent of the shall, if so Ecclesiastical Union of Burnchurch, herein-after mentioned, ordered by the situate in the Diocese of Ossory and County of Kilkenny, (in case Lord Lieutethe Consent and Approbation of the said Lord Lieutenant or nant and Coun other Chief Governor or Governors and Privy Council should be cil, take effect given thereto,) that the said Union should be divided, and that forthwith. sach Division should be made to take effect forthwith;' be it herefore enacted, That every Order or Instrument to be made or xecuted in pursuance or by virtue of the said Act of the Seventh and Eighth Years of King George the Fourth and of this Act, or if any of them, for or in respect of the Division of the said Ecclesiastical Union of Burnchurch, or in relation to making any new Union, to be composed wholly or in part of any Part or Parts of such present Union of Burnchurch, or in relation to the Eccleiastical Patronage affected or to be affected by such Division or any such new Union as last aforesaid, shall come into operation and take effect from and immediately after the making or Execution of such Order or Instrument, or at such Time or Times as may be appointed in such Order or Instrument, as fully and effectually, to all Intents and Purposes, as the same would under the said recited Act or this Act come into operation or take effect upon the Deccase of the then Incumbent or Incumbents of all and every or any Parish, Parishes, or Part or Parts of a Parish or Parishes affected thereby.
a Parish Church
V. And whereas, under the Provisions of the said recited Act, Providing for and other Acts for the Dissolution of Unions of Parishes in Celebration of Ireland, certain Parishes have been disunited, and constitute Marriages, until distinct Benefices, in each of which Benefices so disunited a Parish is erected in * Church has not as yet been built: And whereas, under the Pro- any disunited * visions of this present Act, Parishes may be disunited, and new or newly erected Parishes may be erected in which Churches have not as yet Parish.
⚫ been built;' be it therefore enacted, That, until a Parish Church be built in any such disunited or newly erected Parish, Marriages of Parties dwelling therein may be celebrated, according to the Rites of the United Church of England and Ireland, in the Parish Church of any adjoining Parish.
VI. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this present Session of Act. Parliament.
CA P. LV.
4 G. 4. c. 87.
An Act to continue for Two Years, and to the End of the then next Session of Parliament, and to amend, an Act of the Second and Third Years of Her present Majesty, intituled An Act to extend and render more effectual for Fire Years an Act passed in the Fourth Year of His late Majesty George the Fourth, to amend an Act passed in the Fifti Year of His Majesty George the Third, for preventing the administering and taking unlawful Oaths in Ireland.
[31st July 1845] WHEREAS an Act was passed in the Fiftieth Year of the Reign of His Majesty King George the Third, intituled 50 G. 3. c. 102. An Act for the more effectually preventing the administering ' and taking of unlawful Oaths in Ireland; and for the Protection of Magistrates and Witnesses in Criminal Cases: And where 'the said Act was amended by an Act passed in the Fourth Year ' of the Reign of His Majesty King George the Fourth, intituled 'An Act to amend and render more effectual the Provisions of 'an Act made in the Fiftieth Year of His late Majesty's Reign, for preventing the administering and taking unlawful Oaths in • Ireland: And whereas the Provisions of the said last-recited Act were extended and rendered more effectual by an Act < passed in the Session of Parliament holden in the Second and 2&3 Vict. c.74. Third Years of the Reign of Her present Majesty, intituled An 'Act to extend and render more effectual for Five Years an Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, to amend an Act passed in the Fiftiet Year of His Majesty George the Third, for preventing the administering and taking unlawful Oaths in Ireland: And 7&8 Vict. c. 78. whereas by an Act of the last Session of Parliament the said last-recited Act was continued for the further Period of One Year from the First Day of September in the Year One thousand eight hundred and forty-four, and will expire on the First Day of September in this present Year; and it is expedient that the same should be further continued and amended as herein-after provided:' 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 2&3 Vict. c. 74. assembled, and by the Authority of the same, That the said lastrecited Act of the Second and Third Years of the Reign of Her present Majesty, subject to the Amendment herein-after contained shall be and continue in full Force and Effect for the further Period of Two Years from the said First Day of September in this present Year, and until the End of the then next Session of Parliament.
continued for Two Years, as hereby amended.
So much of last-recited Act as enacts that Persons having in pos
II. And be it enacted, That from and after the passing of this Act so much of the said last-recited Act of the Second and Third Years of the Reign of Her present Majesty as enacts, that any Person who after the Day therein mentioned shall knowingly have session Copies in his Possession any Copy, written or printed, of any such Pass word or Passwords as therein mentioned, or other secret Mode of Communication, or of any Oath, Engagement, Test, or Declaration
of Passwords, &c. shall be
made use of or purporting to be made use of by any such Society deemed guilty as in the said last-recited Act mentioned, or by any Division of Combination, any Society declared to be unlawful by the said Act passed in the &c. repealed. Fourth Year of the Reign of His late Majesty King George the Fourth, and shall not be able satisfactorily to account for the same, shall be deemed guilty of an unlawful Combination and Confedecacy, and shall be liable to such and the like Penalties, Proceedngs, and Punishment as by the said Act of the Second and Third Years of the Reign of Her present Majesty is provided, shall be and the same is hereby repealed, save and except as to any Matter or Thing heretofore done under the Authority of the same.
III. And be it enacted, That this Act may be amended or Alteration of epealed by any Act to be passed in this present Session of Act. Parliament.
CA P. LVI.
An Act to alter and amend an Act passed in the Third and
WHEREAS by an Act passed in the Third and Fourth Year
of the Reign of Her present Majesty Queen Victoria, intituled An Act to enable the Owners of Settled Estates to 3 & 4 Vict. c. 55. defray the Expences of draining the same by way of Mortgage, after reciting that whereas much of the Land in England and Ireland would be rendered permanently more productive by improved Draining, and nevertheless, by reason of the great Expence thereof, Proprietors having a limited Interest in such Land were often unable to execute such draining, and that it expedient, as well for the more abundant Production of Food as for the increased Employment of Farming Labourers, and the extended Investment of Capital in the permanent 'Improvement of the Soil, that such Proprietors should be relieved ⚫ from such Disability, due Regard being had to the Interests of those entitled in remainder, it was amongst other things enacted, * that it should be lawful for any Tenant for Life, or for Term of Years, as therein mentioned, entitled to any Lands in England * or Ireland, or such Guardian or Guardians as therein mentioned, to apply by Petition to Her Majesty's Court of Chancery or Exchequer in England or Ireland for Leave to make permanent Improvement in the Lands to which he or she should be so entitled, by draining; and by the said Act Provision is made for the charging the Cost of such Draining on the Lands so 'drained, and otherwise as in the said Act is mentioned: And 'whereas the Advantages contemplated by the said recited Act are diminished by reason of the Costs attending the making such Application and such Charge as by the said Act is provided; and it is therefore, and for other Reasons, expedient that the Provisions of the said Act should be repealed, and should 'be re-enacted, with such Modifications, Extensions, and Alterations as are after mentioned:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and
I i 4
Recited Act repealed.
ceedings may be completed.
tees, &c. may petition for Leave to make
Lands in their
Such Petition to be referred to the Master,
who shall re
Consent of the Lords Spiritual and Temporal, and Commons, i this present Parliament assembled, and by the Authority of the same, That, subject to any Proceedings under the said recited A which at the Time of the passing of this Act shall be pending the said recited Act shall be and is hereby repealed.
II. And be it enacted, That from and after the passing of this Act any Proceedings now pending may be completed under Provisions of this Act, as if the same had commenced after Act had passed.
III. And be it enacted, That any Person entitled in possessin to any Land as Tenant by the Curtesy, or for his own Life, or a other Life or Lives, or for Years determinable on any Life Lives, or any Infant entitled as aforesaid by his Guardian or ne Friend, or any Idiot or Lunatic entitled as aforesaid by th Committee of his Estate, or any married Woman entitled as afore said for her separate Use by her next Friend, or the Husband any married Woman entitled as aforesaid in her Right, or Feoffees or Trustees for any charitable (or other) Purposes, or any Ecclesiastical or other Corporation Aggregate or Sole, or any Mort gagee or Incumbrancer in Fee in possession of the Land mortgaged or incumbered, or any Person entitled in Fee to any Equity Redemption, and in possession of the Land mortgaged, shall be at liberty to apply to the High Court of Chancery, by Petition to the Lord Chancellor or the Master of the Rolls, for Leave to make any permanent Improvements in the Land to which such Person or Corporation shall be so entitled, or any Part thereof, by drain ing the same with Tiles, Stones, or other durable Materials, or by warping, Irrigation, or Embankment in a permanent Manner, or by erecting thereon any Buildings of a permanent Kind incidental or consequential to such draining, warping, Irrigation, or embank ing, and immediately connected therewith, and shall in such Petition be at liberty to pray that the Expence of making any such pe manent Improvement may be made a Charge on the Inheritance of the Land under the Provisions of this Act.
IV. And be it enacted, That upon the Presentation of any such Petition as aforesaid it shall be lawful for the Court, without requiring the Attendance of any Counsel or Solicitor, to refer port thereupon. to One of the Masters of the said Court to make all necessary and proper Inquiries, and consider all such Estimates and Valus tions as shall be produced before him in relation to the Matter of such Petition, and thereupon to report whether in his Opinion it will be beneficial to all Persons interested in the Land that such permanent Improvements should be made under the Provisions of this Act.
Master's Report to be
filed, and on Confirmation thereof by the
V. And be it enacted, That such Report shall be filed in the Report Office of the said Court, and if no special Application to review the same shall be made within Fourteen Days after the filing thereof, it shall be lawful for the said Court, upon Court Improve- Petition of the Party obtaining the same, and without the Attend ance of any Counsel or Solicitor, to confirm the said Report abso lutely, and thereupon to authorize or permit such permanent Improvements to be made; and the Master may thereupon certify be issued by the that any Person advancing Money for the Purpose of making such permanent Improvements of the Land under the Provisions
ments may be made.