« EelmineJätka »
c. 45. and be
XX. And be it enacted, That in every Case in which Land or The Purchase other Hereditaments belonging to an Incumbent in right of his Money of Church shall be sold and conveyed by him to Her Majesty's said Lands sold Commissioners, and in which the Purchase Money is, under the under 58 G.3. Provisions of the herein-before recited Act passed in the Fifty- longing to an eighth Year of the Reign of His late Majesty King George the Incumbent in Third, directed to be paid into the Bank of England, or invested right of his in the Names of Trustees, such Purchase Money shall, instead of Living, may be being paid into the Bank of England, or invested in the Names of paid to and Trustees, be paid to the Governors of the Bounty of Queen Anne applied by the for the Augmentation of the Maintenance of the Poor Clergy, and Queen Anne's be appropriated by the said Governors to the Benefice to which Bounty for the Land or other Hereditaments so sold shall have belonged, and the Benefit of shall be applicable and disposable by the said Governors to and for the Incumbent. the Benefit and Augmentation of such Benefice, in such and the same Manner, and with such and the same Powers of Investment in the Purchase of Land, and Exchange for other Land and Hereditaments, and otherwise, and with other Powers and Authorities, in all respects, according to the Rules, Orders, and Constitutions for the Time being in force for the Management of the Bounty of Queen Anne, as if the Money so appropriated had been originally provided or appropriated by the said Governors, out of the Funds at their Disposal, for the Benefit and Augmentation of the same Benefice.
XXI. And be it enacted, That in all Cases in which Money Such Purchase shall be payable to the Governors of the Bounty of Queen Anne Money to be under the Provision last herein-before contained such Money, paid to Treashall be paid to the Treasurer for the Time being of the said surer of Queen Governors; and the Receipt or Receipts of such Treasurer shall whose Receipt be an effectual Discharge or effectual Discharges for so much shall be a valid Money as in such Receipt or Receipts shall be expressed, to the Discharge. Person or Persons paying the same; and after obtaining such Receipt or Receipts the Person or Persons paying such Money shall be absolutely discharged from all Liability touching such Money, and from all Trusts relating thereto.
&c., and also
of Charges, to be made by
the Court of
XXII. And be it enacted, That where Her Majesty's said Com- Apportionment missioners shall have already formed or shall hereafter form of Bequests, distinct and separate Parish, District Parish, or District Chapelry, under the Provisions of the herein-before recited Acts or any them, or this Act, out of any Parish or extra-parochial Place, it shall be lawful for the Court of Chancery, any thing in the Chancery. herein-before recited Acts to the contrary notwithstanding, on a Petition being presented to the said Court by any Two Persons resident in any such Parish or extra-parochial Place, (such Petition to be presented, heard, and determined according to the Provisions of an Act passed in the Fifty-second Year of the Reign of His late Majesty King George the Third, intituled An 52 G. 3. c. 101. Act to provide a summary Remedy in Cases of Abuses of Trusts created for charitable Purposes,) to apportion between the remaining Part of such Parish or Place and the distinct and separate Parish, or District Parish, or District Chapelry, any charitable Devises, Bequests, or Gifts which shall have been made or given to or for the Use of any such Parish or extraparochial Place, or the Produce thereof, and in any such Case to
direct that the Distribution of the Proportions of such Devises, Bequests, or Gifts, or the Produce thereof, as shall be so apportioned, shall be made and distributed by the Incumbent or Spiritual Person serving the Church, or by the Churchwardens of any such distinct and separate Parish, District Parish, or District Chapelry, either jointly or severally, as the said Court of Chancery may think expedient; and it shall also be lawful for the said Court of Chancery to apportion between the remaining Part of such Parish or Place as aforesaid, and such separate Divisions or Districts, any Debts or Charges which may have been before the Period of such Apportionment contracted or charged upon the Credit of any Church Rates in such Parish or Place; and all such Apportionments shall be registered in the Registry of the Diocese in which such Parish or Place shall be locally situate, and Duplicates thereof shall be deposited with the Churchwardens of such Parish or Place, and of each such Division or District as aforesaid, and in all such Cases the Costs shall be at the Discretion of the said Court; and such apportioned Debts or Charges shall be raised and paid by the Parish or Place in which they may be apportioned in such and the like Manner as the Entirety was to be raised and paid, or in such Manner and under such Provisions and Conditions as the said Court shall direct, and when any Securities may have been given for the same the Court may order new Securities to be given for the apportioned Debts by such Persons and Bodies, and in all respects as the said Court may direct, and all Securities shall be valid and binding; and the Powers and Authorities given to the said Commissioners by the herein-before recited Act passed in the Third Year of the Reign of His late Majesty King George the Fourth, with respect to the Apportionment by them of such Devises, Bequests, Gifts, and Charges, shall, after the passing of this Act, with respect to the future Exercise of such Powers and Authorities, cease and determine.
XXIII. And be it enacted, That if before or during the building of any new Church, or previous to its Consecration, the Bishop of the Diocese and the Patron and Incumbent of the Parish in which such new Church has been or is intended to be built shall enter into an Agreement in Writing that the Right of Nomination to such new Church shall on its Consecration belong to and be exercised by any Body Corporate, Aggregate or Sole, or by any Person or Persons, such Agreement shall be binding on such respective Parties, their Successors, Heirs, and Assigns, and they shall be compellable to fulfil the same.
XXIV. And be it enacted, That no future Conveyance to be made to the said Commissioners in pursuance of the herein-before recited Acts or any of them, or any other future Instrument thereby directed to be made with their Privity or Assent, shall be valid and effectual unless and until the Assent thereto of the said Commissioners shall be testified by any Seal in use by them being affixed thereto; but after such Seal shall have been affixed to such Instrument, such Instrument shall take effect as from the making thereof; and no future Instrument to which such Seal is as aforesaid so directed to be affixed, and which is directed to be registered in the Registry of any Diocese, shall be so registered unless and until such Seal shall have been so affixed.
to this Act.
XXV. And be it enacted, That the existing Powers, Pri- Application of vileges, and Authorities contained in the herein-before first recited former Church Acts or any of them may be used and applied for the Purpose of Building Acts carrying this Act or the said Acts respectively into execution, mutatis mutandis, so far as the same are applicable thereto, and are not inconsistent with or repugnant to the Provisions of this Act.
CA P. LXXI.
An Act to extend certain Provisions in the Act for con-
Reign of His late Majesty, intituled An Act to consolidate 5&6 W. 4. c. 50. < and amend the Laws relating to Highways in that Part of Great 'Britain called England, after reciting that under Acts of Par'liament theretofore made, and which might thereafter be made, ' for the inclosing of waste Land, Parcels of Land had been and might be expressly allotted to Parishes, or to the Surveyor of the Highways, for the Purpose of obtaining Materials for the 'Repair of the Highways in such Parish, and the Materials in such Parcels of Land had been and might be exhausted, it was enacted, that in such Cases it should and might be lawful for the Surveyor of such Parish for the Time being, by and with the Consent of the Vestry, and he was thereby authorized and required, with the Consent in Writing of the Justices of the 'Peace at a Special Sessions for the Highways, to sell and convey to some Person whose Lands adjoin thereto, or, if he should refuse to purchase, to any other Person, the said Parcels of Land from which the said Materials had been so exhausted as 'aforesaid, at and for such Price as the said Justices might deem fair and reasonable, and with the Money arising therefrom, and 'with such Consent as aforesaid, to purchase other Lands in lieu thereof: And whereas it is desirable to extend the Provisions 'herein-before recited to other Cases than those mentioned in the said Act' 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, from and after Extending the passing of this Act, the recited Act and all the Provisions Provisions of therein contained, shall apply and extend not only to the Lands in recited Act. the said Act specified, but to all Lands belonging or which hereafter may belong to Parishes, or to the Surveyor of the Highways for the Purposes aforesaid, which have been or hereafter shall be lawfully used for the Purpose of obtaining Materials for the Repair of the Highways in such Parish, the Materials in which Lands have been or hereafter may be exhausted.
II. And be it enacted, That the said Act and this Act shall be construed together as One Act.
III. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.
this Act One.
CA P. LXXII.
An Act to render it unnecessary to keep up Rothwell Gaol, in the Honor of Pontefract, in the West Riding of the County of York. [31st July 1845.] WE HEREAS the Queen's most Excellent Majesty, in right of Her Duchy of Lancaster, is seised of the Honor of Pontefract, in the West Riding of the County of York, and there 6 now is within the said Honor a certain Common Gaol or Prison 'known by the Name of " Rothwell Gaol," and the recent Altera'tions in the Law relating to the Imprisonment of Debtors having caused the Number of Prisoners ordinarily confined in the said 'Gaol to be very small, it has become expedient that after the • Period herein-after mentioned no Person or Persons should be 'committed into Custody to such Gaol, and that Persons com'mitted into Custody from the Court Baron of the said Honor 'should be committed to and imprisoned in the County Gaol or 'Prison at York known by the Name of "York Castle:" And ' whereas Doubts have been entertained whether Commitments 'from the said Court Baron may lawfully be made to York Castle; and it is expedient that such Doubts should be removed: May it therefore please Your Majesty that it may be enacted; and 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 on, from, and after the First Day of February which will be in the Year One thousand eight hundred and fortysix no Person or Persons shall be committed or ordered to stand mitted to Roth-committed into Custody by or from any of Her Majesty's Courts at Westminster, or the said Court Baron, or any other Court whatsoever, or by or under any Writ, Warrant, Precept of Execution, or Process whatsoever, to Rothwell Gaol, nor shall any Person or Persons (except as herein-after is excepted) be imprisoned therein, but the said Gaol (except so far as relates to any Person or Persons then in Custody therein) shall cease to be and to be used as a Gaol or Prison.
On and after 1st February 1846 no Per
son to be com
minster to be removed to York Castle, by
Justice of the
II. And be it enacted, That if on the said First Day of Courts at West- February there shall be, besides such Prisoner or Prisoners, if any, as shall then be in the Custody of the Keeper of Rothwell Gaol under any Process of the said Court Baron, any Prisoner Warrant of the or Prisoners in the Custody of the Keeper of Rothwell Gaol by or under any Writ, Warrant, Precept, or Process whatever, the said Keeper shall, within One Week from the said First Day of Queen's Bench. February, certify under his Hand to the Lord Chief Justice of the Court of Queen's Bench a true List containing the Name or Names of such Prisoner or Prisoners as last mentioned, with the Cause and Time of his or their Commitment respectively; and as soon thereafter as may be the said Lord Chief Justice shall issue his Warrant or Warrants under his Hand, directed to the Keeper of Rothwell Gaol, requiring him to convey to York Castle, and to deliver into the Custody of the Keeper of York Castle there, the said Person or Persons so as last aforesaid in his Custody, of them as shall be named in any such Warrant; and upon Receipt of any such Warrant the Keeper of Rothwell Gaol shall,
and he is hereby authorized and empowered so to do (unless the Person or Persons named in such Warrant shall before the Receipt of the same have been lawfully discharged out of his Custody), forthwith convey the said Person or Persons to York Castle, and there deliver him or them into the Custody of the Keeper of York Castle, together with the Warrant or Warrants of his or their Commitment respectively; and the Removal of any such Prisoner or Prisoners in obedience to the Warrant of the Lord Chief Justice as aforesaid shall not be construed to be an Escape; and the Keeper of York Castle shall receive the said Person or Persons from the Keeper of Rothwell Gaol, together with such Warrant or Warrants, and shall detain such Person or Persons in his Custody in obedience to such Warrant or Warrants.
III. And be it declared and enacted, That on, from, and after Not necessary the said First Day of February (if on the said Day there shall to keep up be no Prisoner in the Custody of the Keeper of Rothwell Gaol, or if there shall then be any Prisoner or Prisoners in the Custody of the Keeper of Rothwell Gaol, so soon as there shall cease to be any such Prisoner or Prisoners in such Custody, by Removal in obedience to the Warrant of the Lord Chief Justice, or lawful Discharge of such Prisoner or Prisoners, as the Case may be respectively,) it shall not be necessary to repair, maintain, or keep up Rothwell Gaol, or to maintain or keep up the Office or Offices of Keeper or Gaoler thereof, or any other Office of or in respect of the said Gaol; and the Liability (if any) of the Queen's most Excellent Majesty, Her Heirs, Successors, or Assigns, to repair, maintain, or keep up the same respectively, or to repair, maintain, or keep up any Gaol or Prison whatever within the Honor of Pontefract, or in respect of Her Majesty, Her Heirs, Successors, or Assigns, being seised of the said Honor, shall absolutely cease and determine.
IV. And be it enacted, That on, from, and after the said First Day of February the Sheriff for the Time being of the said County of York shall, and he is hereby authorized and empowered so to do execute or cause to be executed within the Liberty and Franchise of the said Honor of Pontefract all Writs of Capias, or Capias ad satisfaciendum, and all other Writs, Precepts, or Process whatsoever against the Person, to the said Sheriff directed or sent, (whether such Writs, Precepts, or Process shall or shall not contain a Non omittas Clause,) in the same Manner, and to the same Extent, and by and under the same Powers and Liabilities, for all Purposes whatsoever, as if the Liberty and Franchise of the said Honor were not an ancient Liberty or Franchise having Execution or Return of Writs; and the Liability (if any) of the Bailiff for the Time being of the said Liberty, as Bailiff of the said Liberty, to execute or return any such Writ, Precept, or Process under or by virtue of any Mandate or Warrant to him made, sent, or directed by the said Sheriff shall absolutely cease and determine.
Sheriff of York may enter the Liberty of
Pontefract to execute against the Person.
V. And be it declared and enacted, That on, from, and after the All Commitsaid First Day of February, in every Case in which it shall be ments within lawful to commit any Person or Persons, or to order any Person the said Honor or Persons to stand committed, into Custody by or from the said may be made
to York Castle,