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to have been well and lawfully appointed ; and those persons who shall hold the office of constable in any such liberty at the time of the passing of this Act shall continue to hold their several offices, and to execute the duties thereof, until constables shall be chosen in their stead under the provisions of this Act.
111. That no toll shall be demanded or taken on any turnpike road or bridge for any horse, or police van, carriage, or cart, passing along such road or bridge, in the service of a superintendent constable appointed under the provisions of the said Act, provided that the superintendent constable in charge of such horse, van, carriage or cart, shall produce a certificate of his appointment, signed by the clerk of the peace of the county for which he shall have been so appointed, or shall have his dress according to the regulations of the said county, at the time of claiming the exemption; and every person who shall frauduently claim or take the benefit of the exemption from toll herein contained not being lawfully entitled thereunto shall for every such offence be liable to a penalty not exceeding 5l.; and in all such cases the proof of exemption shall be upon the person claiming the same.
And after reciting that by the said Act it is provided, that nothing therein contained shall apply to certain boroughs and places therein specified: And that doubts have been entertained as to the powers of the Justices to appoint constables for any parish of which part shall be within and part without such exempted borough or place :
It is Enacted, IV. That with respect to any such parish the exemptions provided by the said Act shall be deemed only to exempt the men residing within that part of the parish which is within such exempted borough or place from serving as constables under the said Act, or being included in any list to be made out under the said Act, and to disqualify the inhabitants of such part from voting in any division of the vestry under the said Act.
v. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.
AN ACT for Disfranchisement of the Borough of Sudbury.
(29th July 1844.)
ABSTRACT OF THE ENACTMENT.
The borough of Sudbury to cease to return members.
By this Act, After reciting an Act 6 & 7 Vict. c. 97, intituled · An Act for appointing Commissioners to inquire into the Existence of Bribery in the Borough of Sudbury,' whereby, after reciting that there was reason to believe that the practice of bribery at elections of members to serve in Parliament for the borough of Sudbury had long prevailed in the said borough, and that bribery to a great extent had been systematically committed there at the last election of members to serve in Parliament, certain Commissioners were therein named and appointed for inquiring into the manner in which the last election of members to serve in Parliament for the said borough had been conducted, and whether any bribery had been committed at such election, and into the particulars of such alleged bribery, as in the said Act is more fully set forth; and by the said Act the said Commissioners were directed from time to time to report to Her Majesty the evidence which should be taken by them, and what they should find concerning the premises : And that the said Commissioners made their Report in writing to Her Majesty, dated the 12th of March in the year 1844, and thereby, after detailing various illegal practices before and during the election, reported finally that systematic and extensive bribery prevailed at the last election of members of Parliament in the said borough:
It is Enacted, That the borough of Sudbury in the county of Suffolk shall, from and after the passing of this Act, cease to return any member or members to serve in Parliament.
AN ACT to continue until the First Day of October One thousand eight hundred and forty-five, and to the End of the then Session of Parliament, the Act to amend the Laws relating to Loan Societies.
(29th July 1844.) By this Act, 3 & 4 Vict. c. 110. is further continued to the 1st of October in the year 1845, and, if Parliament be then sitting, to the end of the then session of Parliament. VOL. XXII.-Stat.
AN ACT to amend and explain the Acts for the Commutation of certain Manorial Rights in respect of
Lands of Copyhold and Customary Tenure, and in respect of other Lands subject to such Rights; and for facilitating the Enfranchisement of such Lands, and for the Improvement of such Tenure.
(29th July 1844.)
1. Provisions of former Acts as to recovery of e.rpenses, costs, fc. to extend to cases where there shall not be an apportionment. 2. Persons having a limited beneficial interest only may charge expenses on the lands, fc. 3. Where trustee is tenant, and not beneficially interested, the person beneficially interested at the date of confirmation of commute
tion, fc. shall be deemed beneficially interested. 4. Provisions for charging and securing of the consideration money of any enfranchisement to extend to cases in which there shall
not be an apportionment, fc. 5. Commutations or enfranchisements may be made in consideration of the conveyance of lands, fc. not parcel of the manor, but
subject to the same uses as those commuted. 6. For supplying vacancies. 7. Extending provisions of recited Act to rent-charges under this Act. 8. This Act to be construed as a part of the recited Acts. 9. Act may be amended this session,
By this Act, After reciting the passing of 4 & 5 Vict. c. 35, which was amended and explained by an Act 6 & 7 Vict.; and it is expedient further to amend and explain the said Acts in certain respects :
It is Enacted, 1. That the provisions of the aforesaid Acts, or either of them, as to the recovery of expenses, costs, and charges to be paid by any tenant, being a trustee, and not beneficially interested in the lands of which he stands adınitted tenant, to be affected by any commutation or enfranchisement under the aforesaid Acts or this Act, shall extend as well to cases in which there shall not be an apportionment on commutation or enfranchisement in pursuance of the said aforesaid Acts or this Act, as to cases in which there shall be an apportionment on commutation or enfranchisement in pursuance thereof.
11. That every person beneficially interested in the said lands, having a limited beneficial interest only, and who shall pay any such expenses, costs, and charges to any tenant, being such trustee as aforesaid, may, with the consent of the Copyhold Commissioners under their hands, and by a simple entry on the court rolls of the manor, and for which entry the steward shall only charge 13s. 4d., and which shall not be subject to any stamp duty, charge such expenses, costs, and charges with interest thereon at the rate of 41. per centum per annum, on the lands to which the same relate; but so, nevertheless, that the principal charged on such lands be lessened in every year following such charge one-twentieth at least of such original charge, and shall be subject to previous mortgages.
111. That as to any lands to be affected by any commutation or enfranchisement without apportionment under the aforesaid Acts or this Act, or any of them, of which the tenant, being a trustee and not beneficially interested therein, stands admitted tenant, the person beneficially interested therein at the date of the confirmation of the commutation agreement, or at the date of the conveyance deed, or other assurance by which the enfranchisement is made, as the case may be, shall be deemed, for all purposes in regard to expenses, costs, and charges which any such trustee may have to pay under the aforesaid Acts or this Act, to be the person beneficially interested in such lands within the meaning of the aforesaid Acts and this Act respectively.
iv. That the provisions of the aforesaid Acts, or either of them, charging and securing, and authorizing the charging and securing of the consideration money of any enfranchisement under the said Acts, and the costs of the charges, with interest, and also as to the priority of the charges and securities of or for the same, and otherwise in reference thereto, shall, mutatis mutandis, extend as well to cases in which there shall not be an apportionment on enfranchisement in pursuance of the aforesaid Acts or this Act, as to cases in which there shall be an apportionment on enfranchisement in pursuance thereof; and on any enfranchisement where there shall not be such apportionment the charge of the consideration money of the enfranchisement, and the interest thereon, shall commence and be computed from the date of the conveyance, deed, or assurance by which the enfranchisement shall be made.
v. That, in addition and subject to the provisions of the aforesaid Acts or either of them, any commutation or enfranchisement may be made wholly or in part for the consideration of a conveyance of lands, or of any right to mines or minerals, although the said lands or the said right to mines or minerals so to be conveyed shall not be parcel of or situate in or under the lands of the same manor as the lands so to be commuted or enfranchised; provided that the said lands or the said right to mines or minerals can be conveniently held with the same manor in the opinion of the Copyhold Commissioners, and are subject, so far as the difference of tenure may permit, to the same uses and trusts as the lands so to be commuted or enfranchised shall be subject to at the time of such commutation or enfranchisement, or to uses and trusts in correspondence with which the said lands shall be then settled at law or in equity; and that it shall be lawful for the person empowered by the aforesaid Acts to obtain such commutation or enfranchisement to convey the said lands or rights to mines and minerals to the person commuting or enfranchising the lands proposed to be commuted or enfranchised, and to his heirs, to the uses, and upon and for the trusts, intents, and purposes, to, upon, and for which the manor of which the lands commuted or enfranchised are parcel shall be subject and held at the time of such commutation or enfranchisement; subject always, as to any leases to which such lands may be subject, to all the provisions of the last-mentioned Act in respect to lands therein permitted to be conveyed.
17. That in case any trustee nominated by the Copyhold Commissioners under the aforesaid Acts or this Act should be desirous of resigning, or should become incapable of acting, the Commissioners may, if they shall think proper, appoint some other fit person in like manner as if a vacancy had occurred under the provisions of the secondly hereinbefore recited Act.
vu. That the provisions of the said first hereinbefore recited Act, authorizing distress and entry in cases of nonpayment of rent-charge authorized by the aforesaid Act to be granted, shall extend and be applicable to all rent-charges granted and made payable under and by virtue of the said secondly hereinbefore recited Act or this Act.
vui. That this Act shall be taken and construed to be part of the aforesaid Acts, and that all proceedings which may have been had, and all commutations and enfranchisements which may have taken place, under the said recited Acts or either of them, and all matters and things incident thereto, shall be of the same force, validity, and effect as if the provisions of this Act had been contained in the said first-recited Act.
Ix. That this Act may be amended or repealed by any Act to be passed in the present session of Parliament.
AN ACT concerning Banns and Marriages in certain District Churches or Chapels.
(29th July 1814.)
ABSTRACT OF THE ENACTMENTS.
1. Where a district is assigned under last-recited Act the Church Building Commissioners or the bishop to decide as to banns and
marriages. 2. Proceedings in cases where it shall be determined that banns may be published and marriages solemnized.—How fees to be
disposed of. 3. The validity of marriages in certain chapels with districts assigned to them not to be questioned. 4. Omissions to authorize marriages in chapels may be cured by supplemental order. 5. In any representation to the Queen in council, fc. the number of the section of the Act under which such representation, fc. is
made need only be recited. 6. Every order in council under the Church Building Acts to be inserted in the London Gazette, and registered with a map and
description of boundaries, but the map not required to be inrolled in Chancery.-Not to affect 6 8 7 Will. 4. c. 85, as to licensing churches, fc. for solemnization of marriages.
By this Act, After reciting the passing of 59 Geo. 3. c. 134, 1 & 2 Will. 4. c. 38, 1 & 2 Vict. c. 107, and 3 & 4 Vict. c. 60: And that doubts are entertained whether banns of matrimony can be published or marriages be solemnized in churches or chapels to which districts have been or may hereafter be assigned under the said recited Act, 1 & 2 Will. 4. c. 38; and it is expedient to remove such doubts :
It is Enacted, 1. That in every case in which a district has been or shall be assigned to any church or chapel under the provisions of the said last-mentioned Act it shall be lawful for Her Majesty's Commissioners for building New Churches, with the consent of the bishop of the diocese, in every such case as has come or shall come before the said Commissioners under the provisions of the said last-mentioned Act, and for the said bishop in every such other case, to determine whether banns of matrimony shall be published and marriages solemnized in any such church or chapel aforesaid or not.
II. That when and so soon as it shall be determined that banns of matrimony may be published and marriages solemnized in any such church or chapel, the bishop of the diocese within which such church or chapel shall be locally situated, whether in any parish or extra-parochial place, or otherwise, shall certify the same, and such certificate shall be kept in the chest of the church or chapel with the books of registry thereof, and a copy thereof shall be entered in the books of the registry of banns and marriages, and a duplicate of such certificate shall be registered in the registry of the diocese, and such certificate shall be deemed and taken to be conclusive evidence in all courts, and in all questions relating to any banns published or marriages solemnized in any such church or chapel, that the same might according to law respectively be published and solemnized in şuch church or chapel, and that all banns published and marriages solemnized in any such church or chapel according to the laws and canons in force within this realm in that behalf shall after the granting of such certificate be good to all intents and purposes whatsoever: Provided always, that no banns or marriages respectively published or solemnized according to the laws and canons in force within the realm in that behalf in any church or chapel in which the same are authorized to be respectively published, solemnized, and had by the said recited Acts or this Act, or either of them, shall be invalid by reason of any such
certificate not having been duly given, or registered or entered, as hereinbefore required : Provided also, that all fees, dues offerings, and other emoluments on account of such marriages, whether of right or custom, belonging to the incumbent or clerk of any parish, chapelry, or place in which such church or chapel has been erected, shall be received by or for or on account of such incumbent or clerk respectively, and be paid over to them, except such of the said fees, dues, offerings, or other emoluments, or such portions thereof, as the said Commissioners, with the consent of the bishop of the diocese, the patron, and the said incumbent respectively, in those cases which shall come before the said Commissioners, by order made under their common seal, or the bishop of the diocese alone, with the consent of the patron and incumbent, in all other cases, by order under his hand and seal, shall assign to the minister of such church or chapel; and every such instrument of assignment shall be registered in the registry of the bishop of the diocese within which said church or chapel shall be locally situated : Provided always, that nothing hereinbefore contained shall be construed to take away from existing parish clerks any fees, dues, or emoluments to which they are now by law or custom entitled.
And after reciting that by error, banns have been published, and divers marriages have been solemnized, in chapels with districts assigned to them under the provisions of the herein before recited Acts or some of them, but in which chapels bands could not be legally published, nor inarriages by law be solemnized; and it is expedient to remove all doubts, arising from the circumstances aforesaid, touching the validity of such marriages;
It is Enacted, 111. That banns already published, and marriages already solemnized, in such chapels as aforesaid, shall not hereafter be questioned on account of the said banns having been published, or the said marriages solemnized, in any such chapel as aforesaid; and the minister or ministers who solemnized the same shall not be liable to any ecclesiastical censure, or to any other proceedings or penalties whatsoever, by reason thereof; and the registers of all marriages so solemnized as aforesaid, or copies of such registers, shall be received in all courts of law and equity as evidence of such marriages respectively.
iv. That where a chapelry has been already or shall hereafter be assigned to any chapel under the provisions of the hereinbefore recited Act, 59 Geo. 3. c. 134, and the Order in Council assigning such chapelry does not direct that marriages may be performed in such chapel, it shall be lawful for Her Majesty, by any supplemental Order in Council, on a representation to be made to Her by the said Commissioners, with the consent of the bishop of the diocese, to order that marriages may be performed thereafter in such chapel; and that all the fees arising therefrom, or a part thereof, should thereafter belong and be paid to the minister of such chapel, or after the next avoidance of the parish church, or that all or a portion of such fees should belong and be paid to the incumbent of such parish church ; and all the laws in force relating to banns of marriage, and marriages in district chapels, and the registering thereof, shall apply to marriages performed under such supplemental Order in Council.
v. That in any representation to Her Majesty in Council or in any Order of Council to be made thereon, or in any other matter or thing done under their common seal by the said Commissioners under the authority of the hereinbefore recited Acts or any other Act of Parliament, it shall be sufficient to refer to the section or sections as numbered in copies printed by the Queen's printer of the Act or Acts under the authority whereof such representation or Order in Council is made, or such matter or thing done, and it shall not be necessary to recite any of the provisions of such section or sections.
VI. That every Order in Council under the provisions of the hereinbefore recited Acts or any of them, or under the provi. sions of any other of the Church Building Acts, shall, as soon as may be after the making thereof by Her Majesty in Council
, be inserted and published in the London Gazette in like manner as any Order in Council made under the Acts regulating the proceedings of the Ecclesiastical Commissioners of England is published in such Gazette, and it shall not be necessary to inrol in the Court of Chancery any map or plan or description of the boundaries of any division or district formed under the provisions of the hereinbefore recited Acts, or any other of the Church Building Acts; and a map or plan on which shall be marked such boundaries, and which shall be sealed with the common seal of the said Commissioners for building New Churches, and the Order in Council annexed thereto, shall be registered in the registry of the diocese in the manner directed by the Act, 3 & 4 Vict. c. 113, intituled, ' An Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues,' and shall be subject to such and the like provisions in all respects relating thereto as are contained in the same Act: Provided always, that nothing in this Act contained shall be taken to repeal or affect any of the authorities contained in an Act of Parliament, 6 & 7 Will. 4. c. 85, intituled, 'An Act for Marriages in England,' for licensing any churches or chapels for the solemnization of marriages therein.
AN ACT to continue until the Thirty-first day of December One thousand eight hundred and forty-six,
and to the End of the then next Session of Parliament, an Act of the Tenth Year of King George the Fourth, for providing for the Government of His Majesty's Settlements in Western Australia on the Western Coast of New Holland.
(29th July 1844.)
By this Act, 10 Geo. 4. c. 22, is further continued until the 31st of December 1846, and from thence until the end of the then next session of Parliament.
AN ACT further to stay, until the End of the next Session of Parliament, Proceedings in certain Actions
under the Provisions of several Statutes for the Prevention of excessive Gaming; and to prevent any similar Proceedings being taken under those Statutes during such further limited Time.
(29th July 1844.)
ABSTRACT OF THE ENACTMENTS.
By this Act,
. c. 3, and that it is expedient that as well all the proceedings which were stayed or suspended, or authorized to be stayed or suspended, by the operation of that Act, should be stayed or suspended for a further period, and that no other proceedings of a like nature should be commenced or proceeded with during such further period :
It is Enacted, 1. That all the actions, suits, or other proceedings which before the passing of this present Act shall have been brought, commenced, or prosecuted for the recovery of any forfeiture or pecuniary penalty incurred or supposed to have been incurred under the provisions of the several Acts of Parliament recited in the said recited Act, or any or either of them, by playing at any of the sports or pastimes mentioned in the Schedule annexed to the said recited Act, or at any bona fide variety of any of the said sports, pastimes, or games, or at any sport, pastime, or game of a like or similar description to any of the said sports, pastimes, or games, to which a different name may by general or local usage be appropriated, or by betting on the sides or hands of such as do play thereat, whether any order of any Court or Judge shall have been made therein or not, shall be and the same hereby are stayed and suspended until the end of the next session of Parliament; and that no action, suit, or other proceeding shall be brought, commenced, or prosecuted for the purpose of recovering any forfeiture or pecuniary penalty incurred or supposed to have been incurred, under the provisions of the several Acts recited in the said recited Act, or any or either of them, by playing at any of the said sports or pastimes mentioned in the Schedule annexed to the said recited Act, or at any bona fide variety of any of the said sports, pastimes, or games, or at any sport, pastime, or game of a like or similar description to any of the said sports, pastimes, or games, to which a different name may by general or local usage be appropriated, or by betting on the sides or hands of such as do play thereat, previously to the end of the next session of Parliament
11. That in case any such action or actions which have already been commenced shall be further prosecuted, or in case any such action or actions shall be commenced after the passing of this Act, it shall be lawful for the defendant or defendants in any such action or actions to plead the general issue, and to give this Act in evidence under it; and thereupon the Judge before whom such action or actions shall be tried shall direct, and he is hereby authorized and empowered to direct, a verdict or verdicts and judgment or judgments to be entered for such defendant or defendants.
III. That all the said recited Act of the present session of Parliament, so far as it relates to all other powers, provisions, matters, and things therein contained, shall continue in force until the end of the next session of Parliament.
AN ACT for better regulating the Offices of Lecturers and Parish Clerks.
(29th July 1844.)
ABSTRACT OF THE ENACTMENTS. 1. Lecturers or preachers may be required to perform other clerical duties in certain cases.-Saving the rights of present holders. 2. Power to appoint persons in holy orders to the office of church clerk, and to require such persons to act as assistant curates, if
necessary. 3. Such person to be licensed by the bishop, and when appointed otherwise than by the bishop to be subject to the approval of the
incumbent. 4. Appointments of assistant clergy under this Act not to exempt incumbents from the duty of providing curates in cases where they
are now liable. 5. Power to suspend or remove church clerks not in holy orders who may be guilty of neglect or misbehaviour. 6. Power to remove person ceasing to be employed as mentioned in this Act from premises held by him in right of his employment.