CAP. LXVIII. AN ACT to suspend, until the Thirty-first Day of December One thousand eight hundred and fortyseven, the Operation of the new Arrangement of Dioceses, so far as it affects the existing Ecclesiastical Jurisdictions, and for obtaining Returns from and the Inspection of the Registries of such Jurisdictions. (6th August 1844.) ABSTRACT OF THE ENACTMENTS. 1. Temporary provisions relating to Ecclesiastical Courts continued. 2. Registrars of Ecclesiastical Courts to make certain returns to Secretary of State. 3. Registrars to report on state of offices to Secretary of State, who may direct surveys. 5. Act may be amended this session. By this ACT, After reciting that 6 & 7 Will. 4. c. 77. contains certain temporary provisions relating to the state and jurisdiction of all the ecclesiastical courts in England and Wales: And that the said provisions have been from time to time continued by certain other Acts of Parliament, and were, by 6 & 7 Vict. c. 60, further continued, and now stand continued until the 1st of October next, and it is expedient that they should be further continued for a limited time: It is Enacted, I. That the said hereinbefore mentioned provisions shall continue and be in force until the 31st of December 1847: Provided always, that any bishop or archdeacon may hold visitations of the clergy within the limits of his diocese or archdeaconry, and at such visitations may admit churchwardens, receive presentments, and do all other acts, matters, and things by custom appertaining to the visitation of bishops and archdeacons in the places assigned to their respective jurisdiction and authority under or by virtue of the provisions of the said first-recited Act or of any subsequent Act, and any bishop may consecrate any new church or chapel or any new burial ground within his diocese. II. That the registrar of every court granting probates and administrations or exercising ecclesiastical jurisdiction, and the registrar of every vicar general or diocese, shall, on or before the 20th of January 1845, make out and transmit to one of Her Majesty's Principal Secretaries of State a true account in writing of the gross and net amounts of all such fees, allowances, gratuities, perquisites, and emoluments respectively as shall in each of the five next preceding years, each of such years ending on the 5th of January, have been received or become due on account of the Judge of such court or Vicar General by virtue of his office as such Judge or Vicar General, or on account of himself, or (except of surrogates) of any other officer, clerk, or minister of such court or registry, by virtue of his office or employment, specifying the particulars of the payments, disbursements, allowances, and charges respectively constituting the difference between such gross and net amounts, and shall on or before the 20th of January in every succeeding year transmit a like account for the year ending on the 5th of January in such year; and the several officers, clerks, and ministers of each of the said courts and registries shall render to the registrar thereof all such statements in writing as he may require for the purpose of preparing such account; and such registrar shall transmit the said statements to the said Secretary of State at the same time with his aforesaid account; and the said Secretary of State may at any time or times require that all or any of the several accounts and statements hereinbefore mentioned shall contain such particulars and be in such form and verified in such manner as to him may seem proper. III. That on or before the 20th of January in every year the registrar of each of the said several courts and registries shall report in writing to one of Her Majesty's Principal Secretaries of State on the state and condition of his registry, and the buildings belonging thereto, and also upon all such other matters connected with such registry, and the documents therein contained, as and in such form as the said Secretary of State may from time to time require; and such Secretary of State may from time to time call for further or other returns, and may also direct and cause to be made such inspection or survey of any registry as he may think fit. IV. That the word "Registrar" when used in this Act shall include all registrars and deputy registrars. v. That this Act may be amended or repealed by any Act to be passed in this session of Parliament. CAP. LXIX. AN ACT for amending an Act passed in the Fourth Year of the Reign of His late Majesty, intituled An Act for the better Administration of Justice in His Majesty's Privy Council; and to extend its Jurisdiction and Powers. (6th August 1844.) ABSTRACT OF THE ENACTMENTS. 1. Her Majesty, by Order in Council, may provide for the admission of an appeal from any colmy, although there shall not be a court of error or of appeal in such colony; and may revoke such orders.-Orders may be either general or special.—General orders to be published.—Nothing herein to affect the present powers for regulating appeals from the colonies. 2. On petition, Her Majesty may grant an extension of patent term in certain cases. 3. Her Majesty may grant extension for a lesser term than that prayed. 4. As to extension of term where patentees have assigned their patent rights. 5. Disclaimer and memorandum of alteration under 5 & 6 Will. 4. c. 83, may be made notwithstanding original patentee may have assigned his patent right. 6. Disclaimer and memorandum of alteration already made to be deemed valid. 7. New letters patent granted under 5 & 6 Will. 4. to assignees before passing of this Act declared valid.—Proviso. 8. Judicial committee may appoint clerk of Privy Council to take proofs in matters referred to them. 9. Judicial committee may proceed to hearing of appeals without special order of reference.-Proviso. 10. Judicial committee may require notes of evidence taken in the courts of any colony, &c. of the Crown. By this ACT, After reciting that 3 & 4 Will. 4. c. 41. hath been found beneficial to the due administration of justice: and that another Act, 5 & 6 Will. 4. c. 83, hath been also found advantageous to inventors and to the public; and that the Judicial Committee acting under the authority of the said Acts hath been found to answer well the purposes for which it was so established by Parliament, but it is found necessary to improve its proceedings in some respects, for the better despatch of business, and expedient also to extend its jurisdiction and powers: and that by the laws now in force in certain of Her Majesty's colonies and possessions abroad no appeals can be brought to Her Majesty in Council for the reversal of the judgments, sentences, decrees, and orders of any courts of justice within such colonies, save only of the courts of error or courts of appeal within the same, and it is expedient that Her Majesty in Council should be authorized to provide for the admission of appeals from other courts of justice within such colonies or possessions: It is Enacted, 1. That it shall be competent to Her Majesty, by any order or orders to be from time to time for that purpose made with the advice of her Privy Council, to provide for the admission of any appeal or appeals to Her Majesty in Council from any judgments, sentences, decrees, or orders of any court of justice within any British colony or possession abroad, although such court shall not be a court of errors or a court of appeal within such colony or possession; and it shall also be competent to Her Majesty, by any such order or orders as aforesaid, to make all such provisions as to Her Majesty in Council shall seem meet for the instituting and prosecuting any such appeals, and for carrying into effect any such decisions or sentences as Her Majesty in Council shall pronounce thereon: Provided always, that it shall be competent to Her Majesty in Council to revoke, alter, and amend any such order or orders as aforesaid as to Her Majesty in Council shall seem meet: Provided also, that any such order as aforesaid may be either general and extending to all appeals to be brought from any such court of justice as aforesaid, or special and extending only to any appeal to be brought in any particular case: Provided also, that every such general order in Council as aforesaid shall be published in the London Gazette within one calendar month next after the making thereof: Provided also, that nothing herein contained shall be construed to extend to take away or diminish any power now by law vested in Her Majesty for regulating appeals to Her Majesty in Council from the judgments, sentences, decrees, or orders of any courts of justice within any of Her Majesty's colonies or possessions abroad. And after reciting that it is expedient, for the further encouragement of inventions in the useful arts, to enable the time of monopoly in patents to be extended in cases in which it can be satisfactorily shewn that the expense of the invention hath been greater than the time now limited by law will suffice to reimburse :: It is Enacted, II. That if any person, having obtained a patent for any invention, shall before the expiration thereof present a petition to Her Majesty in Council, setting forth that he has been unable to obtain a due remuneration for his expense and labour in perfecting such invention, and that an exclusive right of using and vending the same for the further period of seven years, in addition to the term in such patent mentioned, will not suffice for his reimbursement and remuneration, then, if the matter of such petition shall be by Her Majesty referred to the Judicial Committee of the Privy Council, the said committee shall proceed to consider the same after the manner and in the usual course of its proceedings touching patents, and if the said committee shall be of opinion, and shall so report to Her Majesty, that a further period greater than seven years extension of the said patent term ought to be granted to the petitioner, it shall be lawful for Her Majesty, if she shall so think fit, to grant an extension thereof for any time not exceeding fourteen years, in like manner and subject to the same rules as the extension for a term not exceeding seven years is now granted under the powers of the said Act, 5 & 6 Will. 4. c. 83. III. Provided and enacted, That nothing herein contained shall prevent the said Judicial Committee from reporting that an extension for any period not exceeding seven years should be granted, or prevent Her Majesty from granting an extension for such lesser term than the petition shall have prayed. And after reciting that doubts have arisen touching the power given by the said recited Act, 5 & 6 Will. 4. c. 83, in cases where the patentees have wholly or in part assigned their right :— It is Enacted, IV. That it shall be lawful for Her Majesty, on the report of the Judicial Committee, to grant such extension as is authorized by the said Act and by this Act, either to an assignee or assignees or to the original patentee or patentees, or to an assignee or assignees and original patentee or patentees conjointly. v. That in case the original patentee or patentees hath or have departed with his or their whole or any part of his or their interest by assignment to any other person or persons, it shall be lawful for such patentee, together with such assignee or assignees if part only hath been assigned, and for the assignee or assignees if the whole hath been assigned, to enter a disclaimer and memorandum of alteration under the powers of the said recited Act; and such disclaimer and memorandum of such alteration, having been so entered and filed as in the said recited Act mentioned, shall be valid and effectual in favour of any person or persons in whom the rights under the said letters patent may then be or thereafter become legally vested; and no objection shall be made in any proceeding whatsoever on the ground that the party making such disclaimer or memorandum of such alteration had not sufficient authority in that behalf. VI. That any disclaimer or memorandum of alteration before the passing of this Act, or by virtue of the said recited Act, by such patentee with such assignee or by such assignee as aforesaid, shall be valid and effectual to bind any person or persons in whom the said letters patent might then be or have since become vested; and no objection shall be made in any proceeding whatsoever that the party making such disclaimer or memorandum of alteration had not authority in that behalf. VII. That any new letters patent which before the passing of this Act may have been granted, under the provisions of the above-recited Act, 5 & 6 Will. 4. c. 83. to an assignee or assignees, shall be as valid and effectual as if the said letters patent had been made after the passing of this Act, and the title of any party to such new letters patent shall not be invalidated by reason of the same having been granted to an assignee or assignees: Provided always, that nothing herein contained shall give any validity or effect to any letters patent heretofore granted to any assignee or assignees where any action or proceeding in scire facias or suit in equity shall have been commenced at any time before the passing of this Act, wherein the validity of such letters patent shall have been or may be questioned. VIII. Provided and enacted, That in the case of any matter or thing being referred to the Judicial Committee, it shall be lawful for the said committee to appoint one or other of the clerks of the Privy Council to take any formal proofs required to be taken in dealing with the matter or thing so referred, and shall, if they so think fit, proceed upon such clerk's report to them as if such formal proofs had been taken by and before the said Judicial Committee. IX. That in case any petition of appeal whatever shall be presented, addressed to Her Majesty in Council, and such petition shall be duly lodged with the clerk of the Privy Council, it shall be lawful for the said Judicial Committee to proceed in hearing and reporting upon such appeal, without any special Order in Council referring the same to them, provided that Her Majesty in Council shall have, by an Order in Council in the month of November, directed that all appeals shall be referred to the said Judicial Committee on which petitions may be presented to Her Majesty in Council during the twelve months next after the making of such order; and that the said Judicial Committee shall proceed to hear and report upon all such appeals in like manner as if each such appeal had been referred to the said Judicial Committee by a special order of Her Majesty in Council: Provided always, that it shall be lawful for Her Majesty in Council at any time to rescind any general order so made; and in case of such order being so rescinded all petitions of appeal shall in the first instance be preferred to Her Majesty in Council, and shall not be proceeded with by the said Judicial Committee without a special order of reference. x. That it shall be lawful for the said Judicial Committee to make an order or orders on any court in any colony or foreign settlement, or foreign dominion of the Crown, requiring the Judge or Judges of such court to transmit to the clerk of the Privy Council a copy of the notes of evidence in any cause tried before such court, and of the reasons given by the Judge or Judges for the judgment pronounced in any case brought by appeal or by writ of error before the said Judicial Committee. XI. That it shall and may be lawful for the said Judicial Committee to make any general rule or regulation, to be binding upon all courts in the colonies and other foreign settlements of the Crown, requiring the Judges' notes of the evidence taken before such court on any cause appealed, and of the reasons given by the Judges of such Court, or by any of them, for or against the judgment pronounced by such Court; which notes of evidence and reasons shall by such Court be transmitted to the clerk of the Privy Council within one calendar month next after the leave given by such Court to prosecute any appeal to Her Majesty in Council; and such order of the said committee shall be binding upon all Judges of such courts in the colonies or foreign settlements of the Crown. XII. That in all causes of appeal to Her Majesty in Council from Ecclesiastical Courts, and from Admiralty or Vice Admiralty Courts, which now are or may hereafter be depending, in which any person duly monished or cited or requested to comply with any lawful order or decree of Her Majesty in Council, or of the Judicial Committee of the Privy Council or VOL. XXII.-STAT. S their surrogates, made before or after the passing of this Act, shall neglect or refuse to pay obedience to such lawful order or decree, or shall commit any contempt of the process under the seal of Her Majesty in ecclesiastical and maritime causes, it shall be lawful for the said Judicial Committee or their surrogates to pronounce such person to be contumacious and in contempt, and, after he or she shall have been so pronounced contumacious and in contempt, to cause process of sequestration to issue under the said seal of Her Majesty against the real and personal estate, goods, chattels, and effects, wheresoever lying within the dominions of Her Majesty, of the person against or upon whom such order or decree shall have been made, in order to enforce obedience to the same and payment of the expenses attending such sequestration, and all proceedings consequent thereon, and to make such further order in respect of or consequent on such sequestration, and in respect to such real and personal estates, goods, chattels, and effects sequestrated thereby, as may be necessary, or for payment of monies arising from the same to the person to whom the same may be due, or into the registry of the High Court of Admiralty and Appeals, for the benefit of those who may be ultimately entitled thereto. XIII. That this Act may be repealed or amended during this session of Parliament. CAP. LXX. AN ACT for facilitating Arrangements between Debtors and Creditors. After reciting that it is expedient that trust deeds and other amicable modes of arrangement between debtors and their creditors should be facilitated, and that better means should be provided for carrying the same into effect :— It is Enacted, 1. That from and after the 1st of September next after the passing of this Act it shall be lawful for any debtor who is unable to meet his engagements with his creditors, such debtor not being a trader within the meaning of the statutes now in force relating to bankrupts, with the concurrence of one-third in number and value of his creditors (testified by their signing his petition), to present a petition to the Court of Bankruptcy, setting forth a full account of his debts, and the consideration thereof, and the names, residences, and occupations of his creditors, and also a full account of his estate and effects, whether in possession, reversion, or expectancy, and of all debts and rights due to or claimed by him, and of all property of what kind soever held in trust for him; and also setting forth that he is unable to meet his engagements with his creditors, and the true cause of such inability; and also setting forth such proposal as he is able to make for the future payment or the compromise of such debts or engagements; and that one third in number and value of his creditors have assented to such proposal; and praying that such proposal (or such modification thereof as by the majority of his creditors should be determined) should be carried into effect under the superintendence and controul of the said Court; and that he the said petitioning debtor should in the meantime be protected from arrest, by order of the said Court. II. That, upon the presentation of such petition, one of the Commissioners of the said Court, in such rotation as by order of the said Court shall be appointed, shall privately examine into the matter of the said petition, and for that purpose shall have power to examine upon oath such petitioning debtor, and any creditor concurring in his petition, and any witness produced by such petitioning debtor; and if such Cominissioner shall be satisfied of the truth of the several matters alleged in such petition, and that the debts of such petitioning debtor have not been contracted by reason of any manner of fraud or breach of trust, or without reasonable probability at the time of contract of being able to pay the same, or by reason of any judgment in any prosecution for breach of the revenue laws, or in any action for breach of promise of marriage, seduction, criminal conversation, libel, slander, assault, battery, malicious arrest, malicious suing out a fiat in bankruptcy, or malicious trespass, and that such petitioning debtor has made a full disclosure of his debts and credits, estate and effects, and is desirous of making a bona fide arrangement with all his creditors, and that his proposal to that effect is reasonable, and proper to be executed under the direction of the said Court, it shall be lawful for such Commissioner to direct that a meeting of all the creditors of such petitioning debtor should be convened at such time and place as the said Commissioner shall appoint, notice of which meeting shall be given in writing to every such creditor not less than seven or more than twenty-eight days before the same is held. III. That the said Commissioner shall appoint a fit and proper person, being a registrar or official assignee of the said Court, or one of the principal creditors of the said petitioning debtor, to preside at such meeting of creditors, and to report the resolutions thereof to the said Commissioner. IV. That if at such meeting of creditors the major part in number and value, or nine-tenths in value, or nine-tenths in number whose debts exceed 201., shall assent to the proposal of such petitioning debtor, or to any modification thereof, the president of such meeting shall appoint another meeting of the creditors of such petitioning debtor to be held not earlier than seven or later than twenty-eight days from such first meeting, of which second meeting, and of the purpose thereof, notice in writing shall be personally served on every creditor who was not present by himself or his appointed agent at such first meeting, three clear days at least before the day appointed for such second meeting; provided, however, that the Commissioner to whom such petition as aforesaid is referred may, if he shall think fit, make an order, in any special case, that service of such notice at the last place of abode or business of any creditor shall be deemed good service. v. That if at such second meeting of creditors three-fifths in number and value of all the creditors present, or nine-tenths in value, or nine-tenths in number whose debts exceed 201., shall agree to accept such arrangement or composition as was assented to at the said first meeting of creditors, and shall reduce the terms thereof into writing, and sign the same, such resolution or agreement (subject to such confirmation as is hereinafter enacted) shall thenceforth be binding and of full force, as well against the said petitioning debtor as against all persons who were creditors of the said petitioning debtor at the date of his said petition, and who had notice of the said several meetings of creditors; provided, however, that such resolution or agreement shall not be valid unless one full third in number and value of all the creditors of such petitioning debtor were present at such second meeting, either in person or by an authorized agent. VI. That within fifteen days next after the passing of such resolution or agreement the same shall be submitted to the Commissioner acting in the matter of the said petition, who, if he shall think the same reasonable, and proper to be executed under the direction of the said Court, shall cause the same to be filed and entered of record therein, and shall grant to the said petitioning debtor a certificate of such filing, and shall from time to time indorse on such certificate his protection of such petitioning debtor from arrest; and such petitioning debtor shall be free from arrest at the suit of any person being a creditor at the date of his said petition, and having had such several notice or notices as aforesaid; and any officer arresting such petitioning debtor at the suit of any such creditor, and on sight of such certificate and protection not releasing such petitioning debtor, shall be liable to such penalty as is provided respecting bankrupts in the like case by the statutes now in force concerning bankrupts; provided, however, that no such protection shall be valid in favour of any petitioning debtor who shall be proved to have been about to abscond beyond the jurisdiction of the said Court of Bankruptcy, or who has concealed or is concealing any part of his estate or effects, nor against any creditor whose debt is not truly specified in the said petition, nor against any creditor whose debt has been contracted by reason of any manner of fraud or breach of trust. VII. That it shall be lawful for such Commissioner as aforesaid, upon the examination of such petition as aforesaid, to grant to such petitioning debtor a temporary and limited protection from arrest, and such petitioning debtor shall be accordingly free from arrest for such time and within such limits and conditions as shall be specified in the said protection, with the like penalties on any officer arresting him as aforesaid; and it shall be lawful for such Commissioner to require such petitioning debtor to give bail for his appearance at the said several meetings of his creditors; and every petitioning debtor shall have such protection from arrest when going to, remaining in, and returning from his necessary attendance on the said Commissioner, or the said meetings of creditors, as is enjoyed by any party or witness attending any court of record. VIII. That from and after the date of the filing of such resolution and agreement as aforesaid all the estate and effects of such petitioning debtor shall vest in the trustee (if any such shall be appointed) by virtue of such_resolutions, and without any deed, as fully as if such trustee were an assignee under the statutes relating to bankrupts; and every such trustee may sue and be sued as if he were such assignee in bankruptcy. IX. That every such trustee as aforesaid shall, once at least in every six months, or oftener if the said Commissioner or any two or more of the creditors of such petitioning debtor whose debts amount to one-tenth of the amount of the debts of such debtor require it, produce to the said Commissioner, on oath or solemn declaration, a full and true account of all monies, property, and effects of such petitioning debtor which have come to his hands, and of the disposal thereof; and the said Commissioner shall examine the same, and shall certify the result of such examination, and shall, if need be, order payment to the creditors of such petitioning creditor, according to the terms of such resolution or agreement as aforesaid. x. That if it shall at any time appear to the said Commissioner, on the representation of such trustee as aforesaid, or of any two creditors as aforesaid, that such petitioning debtor has not made a true discovery of his estate and effects, or has not duly accounted for any subsequently-acquired property (if required by the true intent and meaning of the said resolution or agreement), or has wilfully made any false return of creditors, it shall be lawful for the said Commissioner to summon such petitioning debtor to be examined before him upon oath touching such matters; and such summons and examination shall be enforced in such manner as is now practised in the summoning and examination of bankrupts. XI. That in case any difficulty shall arise in the execution of the said resolution or agreement it shall be lawful for the said Commissioner to cause a special meeting of the creditors of such petitioning debtor to be assembled; and the resolution of the majority of the said creditors at such meeting, to confirm, alter, or annul the whole or any part of the said resolution or agreement, shall be as valid as if it had been part of the original resolution or agreement: Provided, however, that if onethird in number and value of the creditors of such petitioning debtor do not attend such meeting in manner aforesaid the resolution thereof shall not be valid unless the same is approved and confirmed by the said Commissioner. XII. That so soon as the said resolution or agreement shall have been carried into effect, and the creditors of the said petitioning debtor shall have been satisfied, according to the tenor of the same, the said Commissioner shall cause a meeting of the said creditors to be held before him, and, on being satisfied that the trustee has fully performed his trust, shall give to such |