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It is Enacted, 1. That it shall be lawful for the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland for the time being, by warrant under the hands of any three or more of them, to direct to be charged upon and paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, or out of the growing produce thereof, from time to time, such sum or sums of money as shall be required for paying off any of such parties as shall not signify their assen ccording to the said first-recited Act, or shall signify their dissent according to the said secondrecited Act.
AN ACT to enable the Council of His Royal Highness Albert Edward Prince of Wales to sell and
exchange Lands and enfranchise Copyholds, Parcel of the Possessions of the Duchy of Cornwall, to purchase other Lands; and for other Purposes.
(6th August 1844.) This Act contains the following clauses :1. The council of His Royal Highness empowered to sell lands, &c. 11. Mode of carrying sales into effect. III. Power to enfranchise copyhold or customary lands. IV. Corporations empowered to purchase rents charged on their own lands.
v. Trustees for incapacitated persons empowered to purchase rents and to enfranchise lands; but if the purchase money exceeds 2001., with sanction of a court of equity.
vi. Tenant of particular estates authorized to raise money to redeem quit rents, manorial rights, &c., and for the purchase of enfranchisements : but if the money raised shall exceed 2001., with the sanction of a court of equity. vil. The council may exchange lands. vii. Power to give or receive money for equality of exchange. ix. Council may purchase lands, &c. x. The council may purchase leases. X1. Leases purchased under the authority of this Act may either be merged or kept on foot. XII. Powers of sale and exchange to extend to leases purchased. Xlll. Incorporated persons empowered to sell. xiv. Application of purchase money in case of purchase from persons incapacitated. xv. Similar provision as to monies to be received for equality of exchange. xvi. Persons in possession to be deemed entitled till the contrary be shewn. xvil. The council to cause all sums received by the receiver general, under this Act, &c. to be paid into the Bank. XVII. Application of the monies to arise from sales, &c. XIX. Payments to be made by drafts on the Bank of England, and such drafts to be an authority to the Bank. xx. Sums arising from sales, and not immediately wanted, to be invested in the three per cents. XXI. Application of dividends of stock. XXII, Stock may be sold when wanted. XXII. Transfers may be made by power of attorney. XXIV. The council may apply the ordinary revenues of the duchy for the general purposes of the Act. xxv. His Royal Highness may grant licences to copyholders to improve their tenements, and to demise the same. XXVI. His Royal Highness may make grants of land for sites for churches, &c. XXVII. Sales, &c. not to be made except under warrant from the Treasury. Xxvin. Purchasers, &c. not to be bound to see that provisions of the Act have been complied with; xxix. Nor to see to the application of the purchase money. XXX. Deeds, &c. relating to lands, &c. to be inrolled. XXXI. Keeper of the records to inrol all deeds, &c. in due order of time, and to certify the same. XXXII. Exception as to conveyances on sales under 1001. XXXIII. Deeds, &c. so inrolled not to require any inrolment in courts of law, &c. XXXIV. Inrolments to be received as evidence. xxxs. The council may authorize inrolments to be made nunc pro tunc. XXXVI. The Act not to affect fees on inrolments, &c.; the amounts whereof to be fixed by the council. XXXVII. For the enforcement of certain covenants in existing leases.
XXXVIII. An officer of the duchy to be appointed to controul execution of leases.
XL. For securing the use of certain rooms in or belonging to the Town Hall of Truro for the vice warden and officers of the Court of the Stannaries of Cornwall.
xli. Her Majesty may exercise the powers vested in the Prince by this Act,
AN ACT to amend the Laws relating to Aliens.
(6th August 1844.)
ABSTRACT OF THE ENACTMENTS,
1. Provisions of recited Acts inconsistent herewith repealed. 2. Certain provision of i Geo. 1. c. 4. repealed. 3. Every person born of a British mother capable of holding real or personal estate. 4. Alien friends may hold every species of personal property except chattels real. 5. Subjects of a friendly state may hold lands, fc. for the purpose of residence, fc. for twenty-one years. 6. Aliens to become naturalised upon obtaining certificate, taking prescribed oath, and becoming residents in the United Kingden, 7. Aliens desirous of becoming naturalized to present a memorial. 8. Memorial to be considered by the Secretary of State for the Home Department ;—who may issue a certificate, 9. Certificate to be inrolled in Court of Chancery. 10. Oath to be tuken. 11. Proceedings for obtaining certificate. 12. Amount of fees to be payable. 13. Naturalized persons resident five years to enjoy rights as aliens. 14. Act not to affect pre-eristing rights. 15. Act not to take away rights of aliens. 16. Women murried to natural born subjects deemed naturalized. 17. Act may be amended this session.!
By this Act,
It is Enacted, 1. That such parts of the said recited Acts of Parliament as are inconsistent with the provisions of this Act shall be repealed.
11. That so much of the said Act of 1 Geo. 1. c. 4. as provides, that no person shall hereafter be naturalized unless in the Bill exhibited for that purpose there shall be a clause or particular words inserted to declare that such person shall not thereby be enabled to be of the Privy Council, or a member of either House of Parliament, or to take any office either civil or military, or to have any grant of lands, tenements, or hereditaments from the Crown to himself or any other person in trust for him, and that no Bill of Naturalization shall hereafter be received in either House of Parliament unless such clause or words be first inserted, be repealed.
111. That every person now born, or hereafter to be born, out of Her Majesty's dominions, of a mother being a naturalborn subject of the United Kingdom, shall be capable of taking to him, his heirs, executors, or administrators, any estate, real or personal, by devise or purchase, or inheritance of succession.
iv. That from and after the passing of this Act every alien, being the subject of a friendly state, shall and may take and hold, by purchase, gift, bequest, representation, or otherwise, every species of personal property, except chattels real, as fully and efféctually to all intents and purposes, and with the same rights, remedies, exemptions, privileges, and capacities, as if he were a natural-born subject of the United Kingdom.
v. That every alien now residing in, or who shall hereafter come to reside in, any part of the United Kingdom, and being the subject of a friendly state, may, by grant, lease, demise, assignment, bequest, representation, or otherwise, take and hold any lands, houses, or other tenements, for the purpose of residence or of occupation by him or her, or his or her servants, or for the purpose of any business, trade, or manufacture, for any term of years not exceeding twenty-one years, as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions, and privileges, except the right to vote at elections for Members of Parliament, as if he were a natural-born subject of the United Kingdom.
FI. That upon obtaining the certificate and taking the oath hereinafter prescribed every alien now residing in, or who shall bereafter come to reside in, any part of Great Britain or Ireland with intent to settle therein, shall enjoy all the rights and capacities which a natural-born subject of the United Kingdom can enjoy or transmit, except that such alien shall not be capable of becoming of Her Majesty's Privy Council, nor a member of either House of Parliament, nor of enjoying such other rights and capacities, if any, as shall be specially excepted in and by the certificate to be granted in manner hereinafter mentioned.
vu. That it shall be lawful for any such alien as aforesaid to present to one of Her Majesty's Principal Secretaries of State a memorial, stating the age, profession, trade, or other occupation of the memorialist, and the duration of his residence in Great Britain or Ireland, and all other the grounds on which he seeks to obtain any of the rights and capacities of a naturalborn British subject, and praying the said Secretary of State to grant to the memorialist the certificate hereinafter mentioned.
vill. That every such memorial shall be considered by the said Secretary of State, who shall inquire into the circumstances of each case, and receive all such evidence as shall be offered, by affidavit or otherwise, as he may deem necessary or proper for proving the truth of the allegations contained in such memorial; and that the said Secretary of State, if he shall so think fit, may issue a certificate, reciting such of the contents of the memorial as he shall consider to be true and material, and granting to the memorialist (upon his taking the oath hereinafter prescribed) all the rights and capacities of a natural-born British subject, except the capacity of being a member of the Privy Council or a meinber of either House of Parliament, and except the rights and capacities (if any) specially excepted in and by such certificate.
IX. That such certificate shall be inrolled for safe custody as of record in Her Majesty's High Court of Chancery, and may be inspected, and copies thereof taken, under such regulations as the Lord High Chancellor shall direct.
1. That, within sixty days from the day of the date of such certificate, every memorialist to whom rights and capacities shall be granted by such certificate shall take and subscribe the following oath; (that is to say,) 'I A. B. do sincerely promise and swear, That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria, “and will defend Her to the utmost of my Power against all Conspiracies and Attempts whatever which may be made against 'Her Person, Crown, or Dignity; and I will do my utmost Endeavour to disclose and make known to Her Majesty, Her 'Heirs and Successors, all Treasons and traitorous Conspiracies which may be formed against Her or them; and I do faith'fully promise to maintain, support, and defend to the utmost of my Power the Succession of the Crown, which Succession, by an Act, intituled An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, ‘is and stands limited to the Princess Sophia Electress of Hanover, and the Heirs of her Body, being Protestants, hereby ‘utterly renouncing and abjuring any Obedience or Allegiance unto any other Person claiming or pretending a Right to the ‘Crown of this Realm.
So help me GOD.' Which Oath shall be taken and subscribed by such memorialist, and shall be duly administered to him or her, before any of Her Majesty's Judges of the Court of Queen's Bench or Court of Common Pleas or Court of Exchequer, or before any Master or Master Extraordinary in Chancery; and that the Judge or Master or Master Extraordinary in Chancery, whether in England or in Ireland, before whom such oath may be administered, shall grant to the memorialist a certificate of his or her having taken and subscribed such oath accordingly; and such certificate shall be signed by the Judge, Master or Master Estraordinary in Chancery, before whom such oath shall be administered.
II. That the several proceedings hereby authorized to be taken for obtaining such certificate as aforesaid shall be regulated in such manner as the Secretary of State shall from time to time direct.
x11. That the fees payable in respect of the several proceedings hereby authorized shall be fixed and regulated by the Commissioners of Her Majesty's Treasury.
XIII. That all persons who shall have been naturalized before the passing of this Act, and who shall have resided in the United Kingdom during five successive years, shall be deemed entitled to and shall enjoy all such rights and capacities of British subjects as may be conferred on aliens by the provisions of this Act.
XIV. Provided and enacted, That nothing in this Act shall prejudice, or be construed to prejudice, any rights or interests in law or in equity, whether vested or contingent, under any will, deed, or settlement executed by any natural-born subject of Great Britain or Ireland before the passing of this Act, or under any descent or representation from or under any such natural-born subject who shall have died before the passing of this Act.
XV. That nothing herein contained shall be construed so as to take away or diminish any right, privilege, or capacity heretofore lawfully possessed by or belonging to aliens residing in Great Britain or Ireland, so far as relates to the possession or enjoyment of any real or personal property, but that all such rights shall continue to be enjoyed by such aliens in as full and ample a manner as such rights were enjoyed before the passing of this Act.
XVI. That any woman married or who shall be married to a natural-born subject or person naturalized shall be deemed and taken to be herself naturalized, and have all the rights and privileges of a natural-born subject.
XVII. That this Act may be amended or repealed by any Act to be passed in the present session of Parliament.
AN ACT to transfer the Collection of the Duty on Licences to let Horses for hire in Ireland from the Commissioners of Stamps to the Commissioners of Excise.
(6th August 1844.)
ABSTRACT OF THE ENACTMENTS.
1. Duties of 55 Geo. 3. c. 19. on licences for letting horses to hire in Ireland put under the management of the Commissioners of
Excise. 2. Powers of former Acts relating to such Licences to be put in force by the Commissioners of Excise, 3. Powers of Excise Acts to be put in force with respect to the duty transferred. 4. Act may be altered this session.
By this Act, After reciting that it is expedient to transfer the collection and management of the duty upon licences for letting horses to hire by the mile or stage for the purpose of travelling post, in Ireland, from the Commissioners of Stamps to the Commissioners of Excise :
It is Enacted, 1. That from and after the passing of this Act the duty granted and made payable by an Act, 55 Geo. 3. c. 19, intituled • An Act to grant certain Duties of Excise upon Licences for the sale of spirituous and other Liquors by Retail
, and upon Licences to Persons dealing in exciseable Commodities, in Ireland, in lieu of the Stamp Duties payable upon such Licences
, and to secure the payment of such Excise Duties, and to regulate the issuing of such Licences, and to discourage the immoderate Use of spirituous Liquors in Ireland,' and the schedule to the said Act annexed, upon or in respect
of licences to persons to let to hire any horse for the purpose of travelling post by the mile, or from stage to stage, in Ireland, shall continue in force, and shall be under the collection and management of the Commissioners of Excise, and shall be denominated and taken to be Excise duties, and shall be paid and payable in British currency.
11. That all and singular the powers and authorities, rules, regulations, and directions, in anywise relating to the granting any such licences as aforesaid, or to the duty upon or in respect of such licences, contained in the said hereinbefore recited Act, or in any other Act or Acts relating to such duty or licences respectively, in force on or immediately before the passing of this Act, (except so far as the same shall be inconsistent with the express provisions of this Act,) shall be used, executed, exercised, and put in force for the securing and collecting of such duty as aforesaid, and for the granting of any such licences, respectively by the Commissioners of Excise, as fully and effectually, to all intents and purposes, as if all and singular such powers and authorities had been originally given and granted to such Commissioners of Excise and as if the same were repeated and re-enacted in this Act; and it shall be lawful for such Commissioners of Excise to grant such licences and to manage such duties respectively in like manner as the Commissioners of Stamps might have done before the passing of this Act under and by virtue of the said Acts; and that all fines, penalties, and forfeitures imposed by any such "Act or Acts in respect of any such matter or thing to be done, or refused or neglected to be done, by any person or persons, in anywise relating to such duty or licences, shall be incurred and forfeited, and shall and may be sued for, recovered, levied, mitigated, and applied upon or in respect of the doing or neglecting or refusing to do any acts, matters, or things relating to the said duty and licences by this Act placed under the management of the said Commissioners of Excise.
111. That all powers, provisions, clauses, regulations, and directions, and all fines, forfeitures, pains, and penalties contained in and imposed by any Act or Acts in force immediately before the passing of this Act
, in relation to any of the duties under the collection and management of the Commissioners of Excise, so far as the said Acts or any of them can be made applicable to the said duty on such licences as aforesaid, shall be of full force and effect, and shall be observed, applied, enforced, and put in execution with respect to the duty by this Act placed under the management of the said Commissioners of Excise, as fully and effectually, to all intents and purposes, as if all such powers and authorities, rules, regulations, and directions provisions, fines, pains, penalties, and forfeitures, had been repeated and specially enacte this present Act, and had been applied to the duty by this Act continued in force and placed under the management of the said Commissioners of Excise.
iv. That this Act may be amended or repealed by any Act to be passed in this present session of Parliament.
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.
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, 1. 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.
!!. 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 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.
ifi. 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.