40 G. 3. c. 39. 1 G. 4. c. 68. 16 & 17 Vict. c. 113. 19 & 20 Vict. c. 102. Appeals from Act not to Justices or CAP. VI. An Act to alter the Constitution and amend the Procedure of the Court of Exchequer Chamber in Ireland. [3d July 1857.] WHEREAS by an Act of the Session of the Parliament of Ireland holden in the Fortieth Year of the Reign of His late Majesty King George the Third, Chapter Thirtynine, Writs of Error upon Judgments of the Superior Courts ' of Law in Ireland were made returnable in the Court thereby constituted, and since commonly called the Court of Exchequer Chamber, and the Chief Justices, Chief Barons, and the rest of the Justices and Barons, or any Nine of them assembled in the said Court, were empowered to examine and affirm or reverse such Judgments: And whereas by an Act of the • Session of Parliament holden in the First Year of the Reign of His late Majesty King George the Fourth, Chapter Sixtyeight, increased Powers were given to the said Court of Exchequer Chamber: And whereas by the "Common Law "Procedure Amendment Act (Ireland), 1853," and the "Common Law Procedure Amendment Act (Ireland), 1856," further Provision was made for the bringing of Error and Appeals into the said Court of Exchequer Chamber: And whereas it is expedient that the Procedure in Error in the said Court should be rendered uniform, and that all Proceedings in Error and upon Appeals brought into the said Court on Judgments and other Proceedings of any of the 'Courts of Queen's Bench, Common Pleas, and Exchequer 'should be before the Justices only, or the Justices and Barons only, as the Case may be, of the Two other of the said last' mentioned Courts:' 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, as follows: I. In all Cases in which Error or an Appeal shall, after the passing of this Act, be brought into the said Court of Exchequer Chamber upon any Judgment or other Proceeding of any of the Courts of Queen's Bench, Common Pleas, or Exchequer, the Proceedings in the said Court of Exchequer Chamber in Error, or upon such Appeal, shall be before the Chief Justices and Justices only, or Chief Justice and Justices, Chief Baron and Barons only, as the Case may be, of the Two other of the said Courts, or any Six or more of them. II. Nothing in this Act contained shall in any way affect the Power or Jurisdiction of either of the Chief Justices or the Chief Baron to fix the Sittings of the said Court, or (save in Proceedings in Error or upon Appeal, to which the last preceding Section shall apply,) to do any other Thing in or relating to the said Court, III. In be uniform. III. In order that the Procedure in Error in the said Court Procedure in of Exchequer Chamber upon all Judgments and Proceedings Error shall of the Superior Courts of Law may be rendered, so far as possible, uniform, the Enactments of the "Common Law "Procedure Amendment Act (Ireland), 1853," with respect to the bringing of Error into the said Court of Exchequer Chamber, and the Rules and Orders made or to be made in pursuance of the said Act, shall extend to and include the bringing of Error in the said Court of Exchequer Chamber upon all Judgments and Proceedings of the Court of Chancery as a Court of Law, of the Courts of Queen's Bench, Common Pleas, and Exchequer, as well in Crown as in all other Cases in which Error upon such Judgments or Proceedings may now be brought in the said Court of Exchequer Chamber; and the Procedure in Error in the said Court of Exchequer Chamber, and the Proceedings consequent thereon, shall, so far as practicable, in all such Cases be pursuant to the said "Common Law Procedure Amendment Act (Ireland), 1853," and the said Rules made or to be made under the said Act: Provided, that No Error to nothing in this Act contained shall be construed to enable Error be brought to be brought in Cases in which Error cannot now be brought which Error Provided also, that where any Fiat or Consent is now required cannot now in any Proceeding in Error, such Fiat or Consent shall con- be brought. tinue to be required in the corresponding Proceeding in Error under this Act. : in Cases in IV. The Power to make General Orders for the said Court Power to make of Exchequer Chamber under Section Two hundred and thirty- General Orders. three of the "Common Law Procedure Amendment Act (Ireland), 1853," shall extend to all Proceedings in Error in the said Court. CAP. VII. An Act to revive and amend certain Acts relating to 6 WHEREAS, under and by virtue of an Act passed in 11 & 12 Vict. the Eleventh and Twelfth Years of Her Majesty's c. 32. Reign, Chapter Thirty-two, certain Provisions are made relating to the Collectors of County Cess in Ireland: And whereas by certain other Acts subsequently passed, and more especially by an Act passed in the Sixteenth Year of Her Majesty's Reign, Chapter Thirteen, the said Provisions were 16 & 17 Vict. revived and continued in force to the End of the Year One c. 13. thousand eight hundred and fifty-four, and it is expedient to ⚫ amend and revive the said first-recited Act, and to continue the same for a limited Time:' Be it therefore enacted by the Queen's 11 & 12 Vict. c. 32. revived and continued to the end of 20 & 21 VICT. 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, as follows: I. The said first-recited Act shall be revived and continued to the End of the Year One thousand eight hundred and fiftynine, and the respective Powers and Authorities by the said the Year 1859. Act given to Grand Juries at the Assizes, and to Magistrates at the Sessions therein mentioned, shall be respectively applied and extended to the Grand Juries at any Assizes and to Magistrates at any Sessions, as the Case may be, within the Period for which the said Act is hereby revived and continued. Justices may take Security for Collectors. 19 & 20 Vict. c. 36. Power to Lord Lieutenant to appoint Persons to collect Charges and Expenses of additional Constabulary Force. Collectors so appointed to have same Powers as Collectors of County Cess under lastrecited Act. II. Whenever any Person shall have been appointed Collector of Cess under the Provisions of this Act, either at Assizes, Quarter Sessions, or Special Sessions, and the Security of such Persons shall have been there approved, it shall be lawful for any Justice at any Petty Sessions to take such Security in like Manner and as effectually as if the same had been given before the Grand Jury at the Assizes. III. And whereas by virtue of an Act passed in the Nine'teenth and Twentieth Years of Her Majesty's Reign, Chapter Thirty-six, the Lord Lieutenant is empowered to issue his Warrants directed to the several Collectors of County Cess in Ireland, requiring them to levy within the respective Dis'tricts for which they shall have been appointed Collectors the 'estimated Charges and Expenses of any additional Constabulary Force appointed for any County or District thereof, and which may be payable by such District, under the Provisions of the said Act: And whereas it may be expedient, in certain Cases, that special Collectors should be appointed for such Purposes: Be it therefore enacted, That the Lord Lieutenant may from Time to Time appoint any Person he may think proper to be a Collector of such Charges and Expenses, and may remove such Person, and appoint any other Person in his Place, and may issue his Warrants, under the Hand of his Chief or Under Secretary, requiring such Person to levy such Charges and Expenses, together with such Fees for levying and collecting the same, as to the Lord Lieutenant shall seem proper, not exceeding in the whole One Shilling in the Pound upon the Sum so to be levied and collected. IV. The several Persons to whom from Time to Time the Lord Lieutenant may issue his Warrants, under the Provisions of this Act, for the Collection of such Charges and Expenses, shall for the Purposes of such Collection have all the Powers, Authorities, and Remedies given by Law to the Collector of Grand Jury Cess, or for the Levy of any Debt or Rent due to the Crown, and may proceed to collect and levy such Charges and Expenses in like Manner as any Collector of Grand Jury Cess could have done, and shall account for and pay over the same in the Manner directed by the said last-recited Act, and the Production of the Lord Lieutenant's Warrant shall be sufficient sufficient Proof of the Authority of the Person therein named to levy the Sums in such Warrant specified. charges to be V. Nothing in this Act contained shall prevent the Lord Lord LieuLieutenant (if he shall so think fit) from issuing his Warrants tenant may to the Collectors of County Cess, requiring them to levy such require such Charges and Expenses, in like Manner as if this Act had not passed. levied. VI. In the Construction of this Act the Term "Lord "Lord LieuLieutenant" shall be held to include any other Chief Governor tenant.” or Governors of Ireland. CAP. VIII. An Act to amend the Act 17 & 18 Vict. c. 11., with a view to the Abolition of Ministers Money in Ireland. [3d July 1857.] WHEREAS by an Act of the Session of Parliament 6 holden in the Seventeenth Year of the Reign of Her ' present Majesty, intituled An Act to amend the Laws relating 17 & 18 Vict 'to Ministers Money, and the Church Temporalities (Ireland) c. 11. 'Act, it is enacted, amongst other things, that the Collector General of Rates within the Municipal District of the City of Dublin, and the Boards of Guardians and the Council of each of the Cities or Boroughs of Cork, Limerick, Waterford, Drogheda, Kilkenny, and Clonmel, and the Town Commis'sioners of Kinsale, in their respective Districts, shall cause to be raised in each Parish then liable to the Payment of 'Ministers Money, in every Year, in Two equal Sums, the Amount ascertained, approved, and certified under the Pro'visions of the said Act with respect to such Parish, by means ' of a Rate, to be assessed and levied as therein provided on all ' Houses situated in each such Parish respectively then liable 'to the Payment of Ministers Money, and being of the rated • Value of more than Ten Pounds; and that the Monies so 'levied shall be paid in manner therein provided into the Bank of Ireland to a separate Account in the Name of the Pay'master of the Civil Services in Ireland; and all Sums paid to 'such Paymaster shall be paid by him to "The Ecclesiastical 'Commissioners for Ireland;" and it is further enacted by the 'said recited Act, that in case in any Half Year the Sums due ' on the Houses liable to the said Tax be not raised and paid over to the Paymaster of Civil Services, the same shall, in 'case of such Default, with respect to any Parish in the im'mediate District of Dublin or in any of the other Cities and 'Boroughs therein mentioned, become and be a Debt due to the Crown, and recoverable as such from the City of Dublin, ' or from such other City or Borough in which such Default may happen; and the Lord Lieutenant of Ireland shall order all Sums which shall become due to the Crown to be recovered and paid to "The Ecclesiastical Commissioners for Ireland:" 'And whereas it is expedient to alter and amend the said ' recited Act, in order that the said Rate or Tax in lieu of Ministers Money should cease and determine, and should not, 6 6 C nor Certain Sections of recited Act repealed. No Proceedings to be taken to re cover Arrears. Not to interfere with Rights of nor should any Arrears thereof, be collected or enforced :' 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, as follows: I. The Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, and Eleventh Sections of the said recited Act shall be and are hereby repealed. II. No Proceeding shall be hereafter instituted or prosecuted to recover or enforce any Arrears of the said Rate or Tax under the said recited Act. III. Nothing herein contained shall be deemed to lessen or interfere with the Rights of the Incumbents of the several Parishes out of which Ministers Money was payable, to be paid by the Ecclesiastical Commissioners in manner provided by the Commissioners. Eighth Section of the said recited Act. Incumbents to be paid by Ecclesiastical 14 & 15 Vict. c. 38. Provisional Orders confirmed. CAP. IX. An Act to confirm certain Provisional Orders made 6 I. The said Provisional Orders are hereby confirmed and made absolute, and shall be as binding and of the like Force and Effect as if the Provisions thereof had been expressly enacted by Parliament. SCHE |