« EelmineJätka »
to be calculated at the highest fiars of the county per annum, where there shall be no such dwelling house or manse ; and that such stipend of not less than 1001., or not less than 1201., shall be permanently provided and secured in all time coming for the minister of the said parish; and that if there shall be a dwelling house or manse, the title to such dwelling house or manse and offices and appurtenances shall be taken and conceived so that such dwelling house or manse and offices and appurtenances shall be inalienably secured as the dwelling house or manse and offices and appurtenances for the minister of the said parish; and that due provision shall be made for the future maintenance of the fabric of such dwelling house or manse and offices and appurtenances, all to the satisfaction of the said lords of council and session ; and the right of presbyteries to present to vacant parishes jure devoluto, according to the law of Scotland, shall have place in regard to all parishes erected quod sacra as aforesaid, in the same manner as in regard to other parishes.
II. That in every such church as aforesaid a portion of the sittings therein, to be determined by the sheriff of the county in which such church is situated, and not exceeding one-tenth of the whole sittings, shall be set apart as free seats for all persons frequenting the same; and another portion of the sittings therein, not exceeding one-fifth of the whole sittings, shall be let at rents not exceeding a rate to be fixed by the presbytery of the bounds; and the remaining portion of the sittings may be let in such manner as shall be agreed upon by the minister for the time being, and the person or persons liable for the repair of the church and for the stipend of the minister, or in case of not agreeing, then in such manner as shall be determined by the sheriff of the county as aforesaid : Provided always, that one pew shall be appropriated, rent-free, for the accommodation of the family of the minister, and another pew for the officiating elders; and the pew or seat rents of any such church as aforesaid may be expended and applied for the purpose of defraying the necessary expenses of a precentor, a beadle or kirk officer, and other expenses necessarily incurred in dispensing the ordinances of religion therein, and not otherFise provided for, and for the purpose of upholding in due repair and improving the fabric of such church, or of the dwelling house and offices of the minister, or for the relief of any person or persons who may have undertaken or become liable to uphold the same, or who may be liable for the endowment or stipend provided and secured for the minister of such church; and it shall be lawful to make collections at the door of any such church for any of the purposes aforesaid: Provided also, that the sum received by any person liable to uphold the church or dwelling-house, or liable for the endowment or stipend as aforesaid, shall not in any year exceed the sum paid or expended by such person in the same year by reason of such liability
1. That it shall and may be lawful for any heritor or for any heir of entail in Scotland, trustee, tutor, and curator of minors, and every person lawfully empowered to act for persons under any legal disability or incapacity, to give and grant heritably and irredeemably such land or heritage belonging to them or under their management as may be necessary for the site of such church, dwelling-house, and offices as aforesaid, and also a portion or portions of land near the same for a churchyard or for a glebe, and not exceeding in the whole four acres; which portion or portions of land shall, at the sight of the sheriff' of the coubty wherein the same is situated, or of some person appointed by the sheriff for that purpose, be marked out and set apart 23 the churchyard and as the glebe to belong to such new parish in all time coming, and having been so given, granted, marked out, and set apart, shall not be liable to or affected by any other rights, titles, trusts, interests, or incumbrances to, in, or upon the same whatsoever ; and such heir of entail shall not thereby be subject to nor incur any forfeiture or irritancy under any deed of entail by virtue of which he or she may hold the said land or heritage; and such trustee, tutor, or curator, or other person as aforesaid, shall be indemnified for what he may do in the premises : Provided always, that the power hereby given to any heir of entail, trustee, tutor, and curator of minors, and every person lawfully empowered to act for persons under legal disability or incapacity, shall not in any case extend to or be understood to comprehend a power of giving and granting any lands or heritages within half a mile of the manor place in the natural possession of the proprietor, or of giving and granting any or any part of any gardens, orchards, or inclosures adjacent to the manor place which have usually been in the natural possession of the proprietor, or have not been usually let for a longer term than seven years, when the beir in possession was of lawful age, and not under any legal disability or incapacity: Provided also, that no such grant as aforesaid by any heir of entail in possession, or by any trustee, tutor, curator, or other person lawfully empowered to act as aforesaid for any such heir of entail, shall be effectual, unless the heir of entail nearest in succession, of lawful age, and not ander any legal disability or incapacity, shall have consented to such grant, which consent may be given by letter or other Friting under the hand of such heir of entail nearest in succession, and shall be proved to the satisfaction of the said sheriff of the county: Provided also, that no trustee, tutor, or curator of minors, or person lawfully empowered to act for persons under legal disability or incapacity, shall make any such grant as aforesaid without adequate consideration for the same either in price or feu duty, the adequacy of which consideration shall be proved to the satisfaction of the said sheriff of the county before the portion or portions of land shall be marked out or set apart as aforesaid.
II. That it shall and may be lawful for any heir of entail in Scotland to burden the lands and estate of which he or she is in possession as heir of entail aforesaid, lying within any district to be marked out and designated as aforesaid, or to give security over the same for the annual payment out of the clear yearly rents and profits of the said lands and estate of any sum not exceeding 31. per cent of such clear yearly rents and profits, after deducting all prior burdens and provisions, as the same shall be ascertained by an average of the five years immediately preceding such burden or security, and in no case exceeding the yearly sum of 1201., for the purpose of endowing or contributing to the endowment of such new parish as aforesaid; and also to burden such lands and estate or give security over the same for upholding in due repair the fabric of the charch of such new parish, and the dwelling-house and offices of the minister, or any of them; the sums to be expended ia such repairs not exceeding in any one year il. per cent on the amount of money originally expended in building or purchasing and completing such church, or upon the estimated value thereof, when received and recognized as the church of such new parish, and Il. per cent. on the amount of money originally expended in building or purchasing and completing sach dwelling-house and offices, or upon the estimated value thereof; and such heir of entail shall not, by reason of such acting as aforesaid, be subject to nor incur any forfeiture or irritancy under any deed of entail by virtue of which he or she may hold such lands or estate, and such burdens and securities shall be as valid and effectual against such lands and estates as if the same had not been entailed : Provided always, that no such burden or security as aforesaid shall be effectual unless
the heir of entail nearest in succession, of lawful age, and not under legal disability or incapacity, shall have consented thereto, which consent may be given judicially, or by letter or other writing under the hand of such heir of entail nearest in succes. sion : Provided also, that if such heir of entail nearest in succession as aforesaid shall be an heir of the body of the heir of entail in possession who intends to create such burden or security, then such heir of entail in possession shall
, three months at least before creating the same, give notice of such his intention, in writing, to the heir of entail next entitled to succeed to the said estate, after the heirs of his own body, if within Great Britain or Ireland, and if the heir next entitled to succeed is not within Great Britain or Ireland to his nearest male relation by the father, of lawful age, or to his known factor or attorney; and before any such burden or security as aforesaid shall be created, evidence shall be produced, to the satisfaction of the said lords of council and session, that such consent as aforesaid, and such notice as aforesaid, where required, have been given, and that the means of public worship for the inhabitants of such district are wanting, and cannot be adequately provided unless the power hereby given of burdening the entailed estate shall be exercised to the extent proposed.
And after reciting that in some populous parishes and districts in the low country of Scotland, particularly in large towns and in the neighbourhood of cities and royal burghs, there are a great number of persons, natives of the highlands and islands of Scotland, who do not understand the English language so as to be capable of receiving the full benefit of religious instruction in English, or of having the ordinances of religion administered to them with advantage in that tongue: And that it is expedient that some provisions should be made for enabling such persons to obtain religious instruction, and to have the ordinances of religion administered to them, in the Gaelic language ;
It is Enacted, xil. That in disjoining or dividing any large or populous parish or parishes in which there are a great number of such persons, it shall and may be lawful to make provision for the spiritual wants of such persons by appointing religious instruetion to be communicated to them, and the ordinances of religion to be dispensed among them, in the Gaelic language.
xu. That where a separate church shall have been erected for any such Gaelic congregation, and a permanent endow, ment shall have been secured for the same, either from teinds or otherwise, to the satisfaction of the said lords of council and session, it shall and may be lawful to erect such church and the congregation thereof into a separate parish, although the members of such congregation may be scattered, and no territorial district may be assigned to such parish exclusively; and it shall and may be lawful for the minister or ministers and elders of such parish to have and enjoy the status and all the powers, rights, and privileges of a parish minister or parish ministers and elders of the church of Scotland : Provided always, that nothing herein contained shall be construed as giving to the minister or ministers and elders of any such Gaelic congregation right to exercise pastoral superintendence and discipline over persons who are not either members of such Gaelic congregation, or of the families of such meinbers, or resident within the territorial district, if any, which may be assigned to such parish exclusively.
And after reciting an Act, 4 Geo. 4. c. 79, intituled · An Act for building additional Places of Worship in the Highlands and Islands of Scotland ;' and another Act, 5 Geo. 4. c. 90, intituled, • Ån Act to amend an Act for building additional Places of Worship in the Highlands and Islands of Scotland: And that, under the authority and provisions of the said two last-mentioned Acts, several additional places of worship have been built or provided, and certain districts have been defined or set apart for the benefit of which the said places of worship were built or provided, and ministers have been appointed to officiate at such places of worship and in such districts, and dwelling-houses and appurtenances have been built or provided for the ministers so officiating ; and provision has been made for the payment to such ministers of stipends not exceeding the sum of 1201. per annum in any one case; and provision is made by the said last-mentioned Act for upholding in repair such places of worship and dwelling-houses and appurtenances :
It is Enacted, xiv. That upon application by the presbytery within which any such place of worship is situated, or by one or more heri: tors holding together one-fourth part of the valuation of the district defined and set apart as the district for the benefit of which such place of worship has been provided, or of Her Majesty's Advocate for Scotland, it shall and may be lawful for the said lords of council and session, acting as aforesaid, to disjoin such district from the parish or parishes to which the same or any part thereof may have belonged or been attached, and to erect the same into a parish quoad sacra ; and in every such case the place of worship built or provided as aforesaid may be held and appointed to be the church of such parish, and the dwelling-house and appurtenances provided for the minister may be held and appointed to be the dwelling- house of the minister of such parish; and the provisions contained in the said two last-mentioned Acts may be held and taken to be sufficient provisions for upholding in repair such church and dwelling-house and appurtenances, and a stipend of 120L, payable under the provisions of the said "Acts, may be held to be sufficient stipend for the minister of the said parish; and it shall and may be lawful for the minister and elders of such parish to have and enjoy the status and all the powers
, rights, and privileges of a parish minister and elders of the church of Scotland.
xv. That if in any case in which a place of worship has been built; and a district has been defined and set apart, under the provisions of the said two last-recited Acts, application shall be made to the said Court to erect such district alone, or such district with additions thereto, into a new parish quoad omnia, with the requisite consent of heritors, and that the said Court shail give effect to such application, it shall and may be competent for the said Court to declare and appoint the place of worship already erected in such district to be the church of such new parish, and to appoint and declare the dwelling house already erected for the minister to be the manse of such new parish; and the Commissioners under the said last-recited
Acts shall thereupon cease to hold such place of worship and such dwelling-house for the purposes of the said last-recited Acts; and the provisions contained in the said last-recited Acts for upholding such place of worship and such dwelling-house in repair shall cease and determine, and the burden of upholding the same shall fall on the parties who by the law of Scotland would be bound to uphold the church and manse of the parish, if such church and manse had been appointed to be built for the newly-erected parish; and in fixing the stipend to be paid to the minister of such newly-erected parish, the said Court shali
compute as stipends the sum paid by authority of the said last-recited Acts to the minister in such district, which sum shall be continued to be paid to the minister of such newly-erected parish: Provided always, that the right of Her Majesty, her beirs and successors, to nominate and appoint the minister to such church and district shall remain entire, notwithstanding the erection thereof into a separate parish.
xvi. That the provisions of the Act, 50 Geo. 3. c. 84, intituled, 'An Act for augmenting Parochial Stipends in certain Cases in Scotland,' and the provisions of the Act, 5 Geo. 4. c. 72, intituled, “ An Act for amending and rendering more effectual an Act for augmenting Parochial Stipends in certain Cases in Scotland,' shall not be extended to any new parishes erected under the provisions of this Act, although the stipend or endowment modified or provided for the minister of any such new parish should be less than 1501. sterling. XVII. That this Act may be amended or repealed by any Act to be passed during the present session of Parliament.
AN ACT for the Regulation of Suits relating to Meeting Houses and other Property held for religious Purposes by Persons dissenting from the United Church of England and Ireland.
(19th July 1844.)
ABSTRACT OF THE ENACTMENTS.
1. Recited Acts, as well as all deeds relating to such meeting houses, fc., to be construed as if the Acts had been in force at the
time of the foundation of such meeting houses, fc. 2. The religious doctrines or opinions for the preaching or promotion of which the meeting house may be held to be collected from
twenty-five years usage, where not expressly stated in the deed of trust. 3. Act not to affect any judgment, fc. of a court of law or equity, and Court may give defendants the benefit of Act in suits now pending.
By this Act, After reciting the passing of 1 Will. & M. sess. 1. c. 18, 19 Geo. 3. c. 44, 53 Geo. 3. c. 160,6 Geo. 1. (1.), and 57 Geo. 3.c.70: And that prior to the passing of the said recited Acts respectively, as well as subsequently thereto, certain meeting houses for the worship of God, and Sunday or day schools (not being grammar schools), and other charitable foundations, were founded or used in England and Wales and Ireland respectively for purposes beneficial to persons dissenting from the Church of England and the Church of Ireland and the United Church of England and Ireland respectively, which were unlawful prior to the passing of those Acts respectively, but which by those Acts respectively were made no longer unlawful :
It is Enacted, 1. That with respect to the meeting houses, schools, and other charitable foundations so founded or used as aforesaid, and the persons holding or enjoying the benefit thereof respectively, such Acts, and all deeds or documents relating to such charitable foundations, shall be construed as if the said Acts had been in force respectively at the respective times of founding or using such meeting houses, schools, and other charitable foundations as aforesaid.
11. That so far as no particular religious doctrines or opinions, or mode of regulating worship, shall on the face of the will, deed, or other instrument declaring the trusts of any meeting house for the worship of God by persons dissenting as aforesaid, either in express terms, or by reference to some book or other document as containing such doctrines or opinions or mode of regulating worship, be required to be taught or observed or be forbidden to be taught or observed therein, the usage for twenty-five years immediately preceding any suit relating to such meeting house of the congregation frequenting the same shall be taken as conclusive evidence that such religious doctrines or opinions or mode of worship as have for such period been taught or observed in such meeting house may properly be taught or observed in such meeting house, and the right or title of the congregation to hold such meeting house, together with any burial ground, Sunday or day school, or minister's house attached thereto; and any fund for the benefit of such congregration, or of the minister or other officer of such congregation, or of the widow of any such minister, shall not be called in question on account of the doctrines or opinions or mode of worship so taught or observed in such meeting house: Provided nevertheless, that where any such minister's house, school, or fund as aforesaid shall be given or created by any will, deed, or other instrument, which shall declare in express terms, or by such reference as aforesaid, the particular religious doctrines or opinions for the promotion of which such minister's house, school, or fund is intended, then and in every such case such minister's house, school, or fund shall be applied to the promoting of the doctrines or opinions so specified, any usage of the congregation to the contrary notwithstanding
III. Provided and enacted, That nothing herein contained shall affect any judgment, order, or decree already pronounced by any court of law or equity; but that in any suit which shall be a suit by information only and not by bill, and wherein Do decree shall have been pronounced, and which may be pending at the time of the passing of this Act, it shall be lawful for any defendant or defendants for whom the provisions of this Act would have afforded a valid defence if such suit had been commenced after the passing of this Act to apply to the Court wherein such suit shall be pending; and such Court is hereby authorized and required, upon being satisfied by affidavit or otherwise that such suit is so within the operation of this Act, to make such order therein as shall give such defendant or defendants the benefit of this Act; and in all cases in which any suit now pending shall be stayed or dismissed in consequence of this Act, the costs thereof shall be paid by the defendants, or out of the property in question therein, in such manner as the Court shall direct. Vol. XXII.-Stat.
AN ACT to continue, until the Fifth Day of April One thousand eight hundred and forty-six, Compo
sitions for Assessed Taxes; and to amend certain Laws relating to Duties under the Management of the Commissioners of Stamps and Taxes.
(29th July 1844.)
ABSTRACT OF THE ENACTMENTS.
1. Compositions for Assessed Taxes continued for a further term of one year, ending 5th of April 1846 ; 2. Except in cases where parties shall give notice to determine the same on the 5th of April 1845. 3. Commissioners of Stamps and Taxes empowered to direct within what districts and parishes privileged and other places shall be
rated to the Assessed Tares and Property Tax. 4. Mode of proceeding to make the assessments of the duties in the year in which any order is made for annexing any privileged or
other place to a parish for the purposes of the said Acts. 5. Execution of the powers of the Acts by the Commissioners declared valid, although not within the times prescribed for that purpose. 6. Penalty on persons refusing to appear before the Commissioners to be appointed assessors, or submit to be appointed, 101. 7. Recital of 49 Geo. 3. c. 32. and c. 110. granting duties of 1s. and 6d. on offices and employments.-Commissioners of the Trea
sury empowered to appoint Commissioners for executing the reciied Acts, with relation to the said duties. 8. Act may be altered this session.
By this Act, After reciting, that by 6 & 7 Vict. c. 24, the compositions for assessed taxes entered into or renewed under the authority of an Act, 4 & 5 Will. 4. were continued until the 5th of April 1845, and it is expedient to continue the same for the further term of one year :
It is Enacted, 1. That all contracts of composition for the duties of assessed taxes now in force shall be and the same are hereby continued in force for a further term of one year, to be computed from the 5th of April 1845, and to determine on the 5th of April 1846, under the same rules, regulations, and privileges as if such compositions did not by the laws now in force expire before the last-mentioned day; and all the powers and provisions of the several Acts relating to or continuing such compositions, or for collecting or enforcing payment thereof, shall be extended and applied to the contracts of composition continued under this Act, to all intents and purposes as if the same had been herein repeated and re-enacted.
11. Provided and enacted, That this Act shall not extend to the contract of composition of any person who shall be desirous of determining the same on the 5th of April 1845, and who shall on or before the 10th of October 1844 give notice thereof in writing to the assessor or collector of the parish or place, or to the surveyor acting in the execution of the Acts relating to the duties of Assessed Taxes for the district in which such composition shall be payable.
And after reciting that difficulties have arisen in carrying into execution the several Acts relating to the duties of Assessed Taxes, and the duties on profits arising from property, professions, trades, and offices, in divers privileged and other places, by reason of doubts as to whether such places are extra-parochial, or included within or forming part of any parish, tithing, or place for which separate assessments of the said duties have been usually heretofore made ; for remedy whereof,
It is Enacted, 111. That it shall be lawful for the Commissioners of Stamps and Taxes, or any two or more of them, and they are hereby authorized and empowered, from time to time, by any order in writing under their hands, to order and direct that any privileged or other place, whether extra-parochial or not, but not being itself an entire parish, shall, for the purposes of assessing, charging, collecting, and levying the said duties respectively, and for all other the purposes of the several Acts aforesaid, be deemed to be within or part of such district or division, and within or part of such parish, tithing, ward, or place respectively, as shall appear to the said Commissioners to be most convenient and proper for the purposes aforesaid, and thereupon such privileged or other place shall be deemed to be within or part of such district or division, and within or part of such parish, tithing, ward, or place, according to such order, for all the purposes aforesaid; and the said respective duties shall be assessed, charged, raised, collected, and levied within such privileged or other place, and upon the occupiers or inhabitants thereof, by or under the authority of the Commissioners appointed or authorized to put in execution the said respective Acts in the district or division, and by the assessors, collectors, or other officers appointed for the parish, tithing, ward, or place within or part of which such privileged or other place shall be by any such order as aforesaid declared or directed to be deemed to be, any law, statute, or usage to the contrary notwithstanding: Provided always, that it shall be lawful for the said Commissioners of Stamps and Taxes, or any two of them, to revoke any such order, and to substitute any other order in lieu thereof, from time to time as often as it shall appear to the said Commissioners to be expedient so to do: Provided also, that no such order shall prejudice or affect any assessment of the said respective duties for any year prior to that in which such order shall be made ; but that all such duties assessed and charged for any previous year shall be collected, levied, and recovered by the same persons, under the same authority, and in like manner as they would have been if such order had not been made.
iv. That where before or at the time of the making of any such order as aforesaid any assessment of the said respective duties or either of them shall have been made for such privileged or other place as aforesaid, or upon the occupiers or inhabitants thereof, in or for the year in which such order shall be made, whether the same shall be a separate assessment for such privileged or other place, or part of or included in the assessment for any parish, tithing, ward, or other place, in case the duties so assessed shall not have been previously paid and discharged, the surveyor of the said duties shall certify the particulars of every such assessment to the Commissioners acting in the execution of the said Acts respectively for the district, and parish, tithing, ward, or place, within or part of which such privileged or other place shall be by such order declared or deemed to be ; and where at the time of the making of any such order as aforesaid no assessment of the said respective duties shall have been made for such privileged or other place as aforesaid, or upon the occupiers or inhabitants thereof, in or for the said year, or in case there shall be any omission of any person, article, matter, or thing in or from any such assessment as last aforesaid which shall have been made, or any insufficient rate or amount of duty charged thereby, it shall be lawful for the surveyor of the said duties to certify in like manner to the said Commissioners the particulars of any assessment which ought to be made upon any occupier or inhabitant of such privileged or other place, and of any increased rate or amount of duty which ought to be charged upon any such occupier or inhabitant; and in any of the several cases aforesaid the said Commissioners shall cause the particulars so certified to them as aforesaid to be inserted or included in or added to the assessment of the like duties made or to be made for the same year in or for the parish, tithing, ward, or place within or part of which such privileged or other place shall be by such order as aforesaid declared or deemed to be, and shall cause the duties to be assessed and charged thereon or in respect thereof according to such certificate, and thereupon the said duties shall be deemed to be part of the last-mentioned assessment for all intents and purposes whatsoever, and shall be collected, received, levied, accounted for, and paid over by the collectors or other persons appointed or to be appointed or authorized to collect, receive, or levy the duties contained in the said assessment, without any further or other warrant or order in that behalf: Provided always, that every such assessment or charge of duties made in pursuance of such certificate of the surveyor as aforesaid shall be subject to an appeal by the party charged with or liable to the payment of the said duties, upon his giving notice in writing to such surveyor of his intention to appeal against such assessment or charge within ten days after the particulars thereof shall bave been notified to such party; and every such appeal shall be heard and determined by the said respective Commissioners within their district at such time and place as they shall appoint for that purpose, of which due notice shall be given to the party assessed or charged as aforesaid.
And after reciting that by the said Acts relating to the said respective duties the Commissioners for putting the same in execution respectively are required or directed to hold certain meetings, and to appoint certain officers, and also to do and perform divers other acts, matters, and things, in the execution of the powers and provisions of the said Acts, before or upon certain days or times appointed and prescribed by the said Acts for such purposes respectively: And that in cases where the said Commissioners have omitted to put in execution the powers and provisions of the said Acts within or at the times so appointed and prescribed as aforesaid, doubts have arisen as to the legality of their execution of such powers and provisions at any subsequent period, and it is expedient to remove such doubts ;
It is Enacted, 1. That where in any case the said respective Commissioners have neglected or omitted, or shall hereafter neglect or omit, to hold any meeting, or to appoint any officer, or to do or perform any other act, matter, or thing, in the execution of the powers and provisions of the said Acts respectively, within or at the time directed, appointed, or prescribed by the said Acts in that behalf
, the holding of such meeting, and the appointment of such officer, and the performance of any such other act, matter, or thing as aforesaid at any other time or times shall, notwithstanding any such neglect or omission, be and be deemed to have been respectively as good, valid, and effectual to all intents and purposes as if the same respectively had been held, made, done, or performed within or at the time and according to the manner and circumstances directed, appointed, or prescribed as aforesaid, anything in the said Acts contained to the contrary thereof notwithstanding.
And after reciting that by the said Acts relating to the said duties respectively the Commissioners acting in the execution thereof are required to direct their precepts to such inhabitants of each parish, ward, or place, and such number of them, as they shall think most convenient, to be presenters and assessors for such parish, ward, or place, requiring them to appear before the said Commissioners at such place and at such time as they shall appoint, in order that such of the said inhabitants as the said Commissioners shall think proper may be appointed assessors of the said several duties: And that it frequently happens that the persons to whom such precepts are directed wilfully disobey the same, whereby the execution of the said Acts is greatly impeded ;
It is Enacted, 1. That if any person to whom any such precept as aforesaid shall be directed shall wilfully neglect or refuse to appear before the said respective Commissioners according to the tenor and effect thereof, or, having appeared, shall refuse to submit to be appointed an assessor of the said duties or of either of them respectively, in the manner and form by the statute in such case directed and provided, every person so offending in any such case as aforesaid shall forfeit and pay for every such offence the sum of 101, to be recovered and applied in like manner as any penalty incurred under the said Acts or any of them may be recovered and applied.
And after reciting that by 49 Geo. 3. c. 32. certain rates and duties of 1s. and 6d. respectively specified and contained in the Schedule to the said Act annexed were granted and made payable: and that another Act was passed in the same session of Parliament, to rectify a mistake in the last-recited Act : And that it is expedient to make provision for the appointment of Commissioners to execute the said last-recited Acts in certain cases ;
It is Enacted, VII. That where in any case there is or shall be any failure in the appointment of Commissioners for executing the said recited Acts, whether the same shall proceed from the want of legal authority in any person or persons to make such appoint