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1 & 2 Vict. c. 23.

XVII. And whereas it is expedient that the Power which Power of by the said Act of the First and Second Years of the Reign Sale given by of Her present Majesty is given to the Incumbent of a extended. Benefice, with the Consent and Approbation of the Ordinary and Patron thereof and of the Archbishop of the Province, to sell the Residence House, Gardens, Orchard, and Appur'tenances belonging to his Benefice, with Land contiguous 'thereto not exceeding Twelve Acres, should be extended and 'made applicable to other Houses and Buildings belonging to any Benefice, under the Circumstances herein-after mentioned;' be it therefore enacted, That in any Case in which any Dwelling House, Shop, Warehouse, or other Erection or Building (other than the House of Residence) belonging to any Benefice shall be so old and ruinous as that it would be useless or inexpedient to expend Money in repairing and maintaining the same, or for other good and sufficient Reasons it shall be thought advisable to sell and dispose of the same, it shall and may be lawful for the Incumbent of such Benefice, and he is hereby authorized and empowered, with the Consent and Approbation of the Ordinary and Patron thereof and of the Archbishop of the Province, to be signified in the Manner prescribed by the last-mentioned Act, absolutely to sell and dispose of such Dwelling House, Shop, Warehouse, or other Erection or Building, with the Yards, Gardens, Orchard, Croft, and Appurtenances thereto belonging, or any of them, to any Person or Persons whomsoever, either altogether or in Parcels, and for such Sum or Sums of Money as to such Ordinary, Patron, and Archbishop shall appear fair and reasonable, and upon Payment of the Purchase Money for the same as hereinafter mentioned, by Deed indented, or in the Case of Copyhold or Customary Hereditaments by Surrender or other customary Mode of Assurance, to convey and assure the Hereditaments which shall be so sold unto and to the Use of the Purchaser or Purchasers thereof, his or their Heirs or Assigns, or as he or they shall direct or appoint.

Governors of

the Bounty of

Queen Anne;

XVIII. And be it further enacted, That the Monies to arise Purchase from any Sale or Sales which shall be made under any of the Monies to be Provisions of this Act shall be paid to the said Governors of paid to the the Bounty of Queen Anne, and that the Receipts of the Treasurer for the Time being of the said Governors shall be sufficient Discharges for the said Monies, or for so much thereof as in such Receipts respectively shall be expressed to be received, and shall effectually release and exonerate the Person or Persons paying the same from all Responsibility in respect of the Application thereof; and further, that no Purchaser or Purchasers shall be in anywise bound or concerned to ascertain or inquire whether any special Circumstance or Circumstances or Reason or Reasons shall exist on account of which any such Sale or Sales as aforesaid may be deemed advantageous or advisable, or whether such Circumstance or Circumstances or Reason or Reasons shall be sufficient to authorize such Sale or Sales.

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XIX. And

and to be by them appropriated to the particular Benefice on account

of which the same shall have been received, and to be subject, in regard to the Appli

cation thereof, to all the

2 & 3 VICT. XIX. And be it enacted, That all the Monies to arise from any such Sale or Sales as aforesaid (subject nevertheless, in the Case of any Lands or Hereditaments which shall have been appropriated or annexed to any Benefice by or with the Concurrence of the said Governors of the Bounty of Queen Anne, to any Stipulation or Agreement which the said Governors in their Discretion may think proper to make for Payment thereout of the Costs and Expences of such Sale or Sales or any Part thereof) shall be appropriated by the said Governors to the particular Benefice to which the Hereditaments comprised Powers, Regu in such Sale shall have previously belonged, and shall be applicable and disposable by them for the Benefit and Augmentation of such Benefice in such and the same Manner, and with such and the same Powers of Investment, and other Powers and Authorities, in all respects, according to the Rules and Regulations of the said Governors for the Time being, as if the said Monies, or the Stocks or Funds which might be purchased therewith, were then originally appropriated by the said Governors to such Benefice out of the general Funds and Profits of the said Governors, or otherwise, for the Benefit and Augmentation thereof.

lations, &c.

of the said Governors.

Who are to consent as Patrons.

Definition of
the Term
"Benefice."

How Consent

XX. And be it enacted, That in any Case in which upon the Sale of any such Lands or Hereditaments as aforesaid the Patronage of the Benefice to which the same shall belong shall be in the Crown, or the Advowson and Right of Patronage of such Benefice shall be Part of the Possessions of the Duchy of Cornwall, or the Patron of such Benefice shall be a Minor, Idiot, Lunatic, or Feme Covert, then and in every such Case the Consent required by this Act on the Part of the Patron of such Benefice shall and may be testified by the Execution of such Deed or Assurance or other Writing as aforesaid by such and the same Persons as by the said Act of the First and Second Years of the Reign of Her present Majesty, Chapter Twenty-three, are in like Cases directed or authorized to testify the Consent of the Patron to the Exercise of the several Powers given by the said Act, or by certain other Acts therein mentioned or referred to; and that in all other Cases the Consent required by this Act on the Part of the Patron of any Benefice shall be given by the Person or Persons who would be entitled to present or nominate or to collate to such Benefice in case the same were actually vacant at the Time of giving such Consent.

XXI. And be it further enacted, That in the Construction of so much of the Act as relates to the Sales of Land and other Hereditaments, and the Application of the Monies to arise therefrom, the Word "Benefice" shall be taken to extend to and comprise all Rectories with Cure of Souls, Vicarages, Perpetual Curacies, and Chapelries the Incumbents of which respectively shall, in right thereof, be Corporations Sole.

XXII. And be it further enacted, That in any Case under of Patron is in the herein-before recited Acts (except the Act passed in the

certain Cases

recited Act.

First and Second Years of Her present Majesty's Reign, Chapter to be given One hundred and six,) or of this Act, where the Patronage of under the any Rectory, Vicarage, Perpetual Curacy, District Parish Chapelry, District Chapelry, or Place shall be in the Crown, or the Advowson and Right of Patronage thereof shall be Part of the Possessions of the Duchy of Cornwall, or where the Patron thereof shall be a Minor, Idiot, Lunatic, or Feme Covert, then and in every such Case the Consent required by such Acts on the Part of the Patron of any such Rectory, Vicarage, Perpetual Curacy, District Parish Chapelry, District Chapelry, or Place shall and may be testified in Writing under the Hands of such and the same Persons as by the said Act passed in the First and Second Years of the Reign of Her present Majesty, Chapter Twenty-three, are in like Cases directed or authorized to testify the Consent of the Patron to the Exercise of the several Powers given by the said Act, or by certain other Acts therein mentioned or referred to; and that in all other Cases the Consent required by the said recited Acts (except as aforesaid) and this Act on the Part of the Patron of any Rectory, Vicarage, Perpetual Curacy, District Parish Chapelry, District Chapelry, or Place shall be given by the Person or Persons who would be entitled to present or nominate or to collate thereto in case the same were actually vacant at the Time of giving [such Consent, except so far as it is by any of such recited Acts or this Act otherwise expressly pro

vided for.

XXIII. And be it further enacted, That this Act shall To what Places extend only to that Part of the United Kingdom called Eng- the Act is to land and Wales, and to the Isle of Man, and to the Islands of Guernsey, Jersey, Alderney, and Sark.

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CAP. L.

An Act to extend and amend the Provisions of the
Acts for the Extension and Promotion of Public
Works in Ireland; and for the Recovery of Public
Monies advanced for the Use of Counties, Parishes,
and other Districts in Ireland on the Faith of Grand
Jury Presentments and Parochial Assessments.
[17th August 1839.]

W

extend.

WHEREAS an Act was passed in the Session of Parliament holden in the First and Second Years of His late Majesty's Reign, intituled An Act for the Extension and Pro- 1&2 W. 4. c. 33. • motion of Public Works in Ireland, which Act was amended

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by another Act passed in the Session of Parliament holden

in the Sixth and Seventh Years of His said late Majesty's 6&7W.4.c.108. Reign: And whereas the Commissioners acting under and in execution of the said Acts are thereby authorized to make Advances by way of Loan, to a certain Amount in the said Acts limited, in aid of the Execution of Public Works in

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• Ireland,

7 W. 4. &

1 Vict. c. 21.

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• Ireland, and likewise to make Advances by way of Grant in aid of the Construction of certain Works to a certain other Amount in the said Acts limited: And whereas another Act was passed in the First Year of Her present Majesty's Reign, further amending the said recited Acts, and empowering the 'said Commissioners to make Advances to an additional Amount in such Act limited, either by way of Grant, or, under 6 certain Circumstances and for certain Purposes, partly by way ' of Loan and partly by way of Grant; that is to say, by Loan to the Extent of one Moiety of such Advances, and by Grant to the Extent of the other Moiety: And whereas an Act 1&2 Vict. c. 88. was passed in the last Session of Parliament, intituled An Act to authorize a further Issue of Exchequer Bills for Public Works and Fisheries and Employment of the Poor, and to amend the Acts relating thereto, whereby it was among other things pro'vided, that it should be lawful for the Commissioners of Her Majesty's Treasury to appropriate, out of the Sum of Five hundred thousand Pounds in Exchequer Bills authorized to be advanced under the Authority of the said last-mentioned Act, any Sum or Sums, not exceeding in the whole Fifty thousand Pounds, for the Promotion and Extension of Public • Works in Ireland, to be applied by the Commissioners appointed under the Authority of the said first-recited Act passed in the First and Second Years of His late Majesty's Reign to the Purposes and under the Provisions of the said 'first-recited Act: And whereas it is expedient that the said Sum or Sums so authorized by the said last-mentioned Act to be appropriated for the Promotion and Extension of Public • Works in Ireland should be made applicable to the Purposes of the said recited Acts of the Sixth and Seventh Years of • His late Majesty's Reign and of the First Year of Her pre'sent Majesty's Reign, and of this Act, as well as to the Pur6 poses of the said Act of the First and Second Years of His late Majesty's Reign:' 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 in case any such Appropriation shall be made or have been made, it shall be lawful to apply the Exchequer Bills so appropriated to the Purposes of all or any of the said recited Acts or this Act, and to make Advances thereout accordingly either by way of Loan or by way of Grant, or partly by way of Loan and partly by way of Grant, pursuant to the Provisions of the said recited Acts and this Act respectively, any thing in the said Act of the last Session of Parliament to the contrary Public Works. notwithstanding.

The Sum of

50,000l. granted

by 7 W. 4. & 1 Vict. c. 21.

made applicable to all the Pur

poses of the Acts for Pro

motion and 1 Extension of

Provisions of recited Acts

extended to any

Money issued under this Act.

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6

II. And be it enacted, That all and every the Clauses, Provisoes, Powers, Privileges, Advantages, Penalties, Forfeitures, and Disabilities contained in the said recited Acts for the Extension and Promotion of Public Works in Ireland in respect of the Advances to be made thereunder either by way of Loan or Grant, or by way of Grant and Loan, and in

respect

respect of the Exchequer Bills or Money to be advanced or issued for any of such Purposes, shall, so far as the same are applicable, be applied and extend to the Advances to be made under this Act, and to the Exchequer Bills to be applied as herein-before directed to the aforesaid Purposes, or any of them, as fully and effectually, to all Intents and Purposes, as if the same were herein repeated and re-enacted, and made specially applicable thereto.

4 & 5W.4.c.61.

III. And whereas an Act was passed in the Session of Par- Verbal Omisliament holden in the Fourth and Fifth Years of His late sion in Majesty's Reign, intituled An Act for the more effectually pro- § 8. supplied. viding for the Erection of certain Bridges in Ireland: And whereas the said Act contains an Enactment in the Words following: "And be it enacted, That the building, rebuilding, repairing, widening, enlarging, or improving of any Bridge under the Provisions of this Act, or of any of the 'Approaches thereto, and the Execution of all Works relating to the same, shall be carried on, conducted, and managed by ' and under the Control and Direction of the Commissioners for the Time being; and that all the Provisions of the said last-mentioned Act shall and may be applied and extended to the several Works hereby authorized to be executed, so far as the same may be necessary, and may not be repugnant to or inconsistent with this Act:" And whereas the Words " "ap'pointed under and acting in execution of an Act made in the Session of Parliament holden in the First and Second Years of the Reign of His late Majesty, intituled An Act for 1&2 W.4.c.33. 'the Extension and Promotion of Public Works in Ireland," which

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• were intended to be inserted between the Word "being and the Words "and that" in the said recited Enactment, ' were inadvertently omitted, so as to make it doubtful what • Commissioners were meant by the said Enactment; be it therefore enacted and declared, That the said recited Enactment shall be deemed, construed, and taken to have such and the same Effect, to all Intents and Purposes, as if the said Words "appointed under and acting in execution of an Act made in the Session of Parliament holden in the First and Second Years of the Reign of His late Majesty, intituled An Act for 1&2 W.4.c.33. the Extension and Promotion of Public Works in Ireland," had been originally inserted therein between the Word "being" and the Words "and that."

appoint the

4 & 5 W.4.c. 61.

IV. And whereas it is enacted by the said last-recited Act, Lord Lieutethat it shall be lawful for the Lord Lieutenant or other Chief nant may • Governor or Governors of Ireland, if he or they shall so Commissioners think fit, to appoint any Person or Persons not exceeding of Public Works Five to inquire into and report upon the Circumstances stated to act under in any Memorial which may be presented to him or them by any Grand Jury under the Provisions of the said Act, and divers Powers and Duties are conferred upon and directed to be performed by the Person or Persons so appointed: And whereas it is expedient that Power should be given to the said Lord Lieutenant or other Chief Governor or Governors,

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