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lease or agreement for a lease; but nothing herein contained shall prejudice the right of the lessor or those claiming under him to follow the assets of the deceased into the hands of the person or persons to or amongst whom the said assets may have been distributed.

28. In like manner, where an executor or administrator liable as such to the rent, covenants, or agreements contained in any conveyance on chief rent or rent-charge (whether any such rent be by limitation of use, grant, or reservation,) or agreement for such conveyance, granted or assigned to or made and entered into with the testator or intestate whose estate is being administered, shall have satisfied all such liabilities under the said conveyance, or agreement for a conveyance, as may have accrued due and been claimed up to the time of the conveyance hereafter mentioned, and shall have set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum covenanted or agreed by the grantee to be laid out on the property conveyed, or agreed to be conveyed, although the period for laying out the same may not have arrived, and shall have conveyed such property, or assigned the said agreement for such conveyance as aforesaid, to a purchaser thereof, he shall be at liberty to distribute the residuary personal estate of the deceased to and amongst the parties entitled thereto respectively, without appropriating any part or any further part (as the case may be) of the personal estate of the deceased to meet any future liability under the said conveyance or agreement for a conveyance; and the executor or administrator so distributing the residuary estate shall not, after having made or executed such conveyance or assignment, and having, where necessary, set apart such sufficient fund as aforesaid, be personally liable in respect of any subsequent claim under the said conveyance, or agreement for conveyance; but nothing herein contained shall prejudice the right of the grantor, or those claiming under him, to follow the assets of the deceased into the hands of the person or persons to or among whom the said assets may have been distributed.

29. Where an executor or administrator shall have given such or the like notices as in the opinion of the Court in which such executor or administrator is sought to be charged would have been given by the Court of Chancery in an administration suit, for creditors and others to send in to the executor or administrator their claims against the estate of the testator or intestate, such executor or administrator shall, at the expiration of the time named in the said notices or the last of the said notices for sending in such claims, be at liberty to distribute the assets of the testator or intestate, or any part thereof, amongst the parties entitled thereto, having regard to the claims of which such executor or administrator has then notice, and shall not be liable for the assets or any part thereof

so distributed to any person of whose claim such executor or administrator shall not have had notice at the time of distribution of the said assets or a part thereof, as the case may be; but nothing in the present Act contained shall prejudice the right of any creditor or claimant to follow the assets or any part thereof into the hands of the person or persons who may have received the same respectively.

30. Any trustee, executor, or administrator shall be at liberty, without the institution of a suit, to apply by petition to any Judge of the High Court of Chancery, or by summons upon a written statement to any such Judge at chambers, for the opinion, advice, or direction of such Judge on any question respecting the management or administration of the trust property or the assets of any testator or intestate, such application to be served upon or the hearing thereof to be attended by all persons interested in such application, or such of them as the said Judge shall think expedient; and the trustee, executor, or administrator acting upon the opinion, advice, or direction given by the said Judge shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee, executor, or administrator in the subjectmatter of the said application; provided nevertheless, that this Act shall not extend to indemnify any trustee, executor, or administrator in respect of any act done in accordance with such opinion, advice, or direction as aforesaid, if such trustee, executor, or administrator shall have been guilty of any fraud or wilful concealment or misrepresentation in obtaining such opinion, advice, or direction; and the costs of such application as aforesaid shall be in the discretion of the Judge to whom the said application shall be made.

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31. Every deed, will, or other instrument creating a trust either expressly or by implication shall, without prejudice to the clauses actually contained therein, be deemed to contain a clause in the words or to the effect following; that is to say, "That "the trustees or trustee for the time being of the "said deed, will, or other instrument shall be "respectively chargeable only for such monies, stocks, funds, and securities as they shall respectively actually receive notwithstanding their respectively signing any receipt for the sake of conformity, and shall be answerable and account"able only for their own acts, receipts, neglects, or defaults, and not for those of each other, nor "for any banker, broker, or other person with "whom any trust monies or securities may be deposited, nor for the insufficiency or deficiency of any stocks, funds, or securities, nor for any other "loss, unless the same shall happen through their own wilful default respectively; and also that it "shall be lawful for the trustees or trustee for the "time being of the said deed, will, or other instru"ment to reimburse themselves or himself, or pay

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or discharge out of the trust premises all expenses

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An Act to alter the Stamp Duties payable upon Probates of Wills and Letters of Administration, to repeal the Stamp Duties on Licences to exercise the Faculty of Physic, and to amend the Laws relating to Hawkers and Pedlars.

ABSTRACT OF THE ENACTMENTS.

(13th August 1859.)

1. Graduated scales of stamp duties on probates, &c. continued on property above the value of 1,000,0002. 2. The stamp duty on licences to exercise the faculty of physic repealed.

3. Nothing in 50 Geo. 3. c. 41. or 55 Geo. 3. c. 71. to hinder maker of goods, or his children, &c. from carrying abroad or exposing to sale such goods.

4. Power to Justices, on conviction of a hawker, to mitigate the penalty to one-fourth.

By this Act the Commons grant and it is
Enacted as follows:-

1. Reciting that certain stamp duties contained in the Schedule to the Act, 55 Geo. 3. c. 184, are now payable upon probates of wills and letters of administration in England and Ireland, and upon inventories to be exhibited and recorded in any commissary court in Scotland, and are imposed by certain graduated scales according to the value of the estate and effects for or in respect of which such probate or letters of administration are granted, or whereof such inventory is exhibited or recorded, but such graduated scales of duty cease where such value amounts to 1,000,000l. and upwards; and it is expedient to extend and continue such graduation of duty as hereinafter mentioned: Enacts, That in lieu of the said stamp duties upon such probates and letters of administration and inventories respectively, where such value as aforesaid shall amount to 1,000,000l. or upwards, there shall be charged and paid the following duties respectively; that is to say,

For every 100,000l. of the whole value of such
estate and effects, and any fractional part
of 100,000l.,

Where the deceased shall have left any will
or testament or testamentary disposition
of his personal or moveable estate and
effects, the stamp duty of 1,500l. ;
And where the deceased shall not have left
any such will or testament or testamentary
disposition, the stamp duty of 2,2501.

2. The stamp of 15l. for and in respect of the

admission or licence of any person by the College of Physicians in England or Scotland to exercise the faculty of physic, or practise as a licentiate, granted by the said Act, 55 Geo. 3. c. 184, and the like duty now payable in Ireland by and under an Act, 5 & 6 Vict. c. 82, to assimilate the stamp duties in Great Britain and Ireland, shall from and after the passing of this Act be and the same are hereby repealed.

3. Reciting that an Act was passed, 50 Geo.3.c. 41, intituled 'An Act for placing the Duties of Hawkers and Pedlars under the management of the Commissioners of Hackney Coaches,' by which certain rates and duties (now under the care and management of the Commissioners of Inland Revenue) are required to be paid by every hawker, pedlar, petty chapman, and other trading person going from town to town or to other men's houses in England, Wales, or Berwick-upon-Tweed; and every such person is thereby required to take out a licence as therein mentioned; and it is by the said Act provided, that nothing therein contained shall extend to hinder the real worker or workers, maker or makers, of any goods, wares, or manufac tures of Great Britain, or his, her, or their children, apprentices, or known agents or servants, usually residing with such real workers or makers only, from carrying abroad or exposing to sale and selling by retail or otherwise any of the said goods, wares, or manufactures of his, her, or their own making, in any mart, market, or fair, and in every city, borough, town corporate, and market-town: And that by an Act, 55 Geo. 3. c. 71, to regulate hawkers and pedlars in Scotland, licences charge

able with certain duties (now likewise under the care and management of the said Commissioners) are required to be taken out by every such trading person in Scotland with a similar proviso: Also enacts, That nothing in the said two last-mentioned Acts respectively shall extend to hinder any such real worker or maker, or his children, apprentices, or known agents or servants aforesaid, from carrying abroad or exposing to sale any of the said goods, wares, or manufactures of his own making, at any place whatever in Great Britain.

4. Where any person shall be convicted of an offence under either of the aforesaid Acts relating to hawkers and pedlars whereby a pecuniary penalty has become forfeited, it shall be lawful for the Justice of the Peace, or other person before whom the information or complaint is heard, and he is hereby authorized and empowered, if he shall think fit so to do, to mitigate the penalty to any sum not less than one fourth part thereof, over and above the necessary costs of the proceedings to be allowed by him.

CAP. XXXVII.

An Act for the Amendment of the Laws relating to the Customs.

(13th August 1859.)

ABSTRACT OF THE ENACTMENTS.

1. Repeal of 3 & 4 Will. 4. c. 101.

2. Lien for freight payable before delivery of goods from Queen's warehouse.

3. Goods under bond for exportation to be duly shipped.

4. Goods to be correctly stated in the declaration on shipping bills.

5. Shipping bills on exportation to be delivered, and if not acted upon to be notified.

6. Penalty on fraudulent import entries and concealments.

7. Butter and deals from Canada may be imported viâ Portland.

8. Interpretation of terms.

9. Short title.

By this Act, it is Enacted as follows:

1. The Act 3 & 4 Will. 4. c. 101. is hereby repealed.

2. Any officer of the Customs having the charge or custody of any goods which shall have come to his hands under the laws relating to the Customs is hereby authorized and empowered to refuse delivery thereof from the Queen's warehouse or other place in which the same shall be deposited until proof shall be given to his satisfaction that the freight due upon such goods has been paid.

3. If any goods delivered from any warehouse for exportation, or for removal from one port to another in the United Kingdom, or otherwise, under any bond required by the laws relating to the Customs on the exportation or removal of such goods, shall be illegally removed or carried away from any carriage, cart, boat, lighter, quay, wharf, or other place, prior to the shipment thereof on board the exporting or removing vessel, or from any ship, cart, or carriage in or on which the same shall have been shipped or laden, such bond shall be forfeited, and may forthwith be put in suit for the penalty thereof, although the time prescribed in such bond for the landing or removal and rewarehousing of such goods at the place of destination shall not have expired.

4. In addition to the declaration upon the shipping bill required by the 125th section of "The Customs Consolidation Act, 1853," the exporter or his agent shall declare that the quantity and description of the goods mentioned in any such shipping bill delivered by him in pursuance of the said Act are correctly stated, and the declaration hereby required shall be deemed and taken to be a part of such shipping bill, as fully as if the same had been required by the said Act, and if the same shall be false in any particular the person making the same shall forfeit the sum of 201.

5. Any exporter of goods who shall fail, either by himself or his agent, to deliver to the searcher a shipping bill, with duplicates thereof, of the goods exported by him, as prescribed by the 125th section of "The Customs Consolidation Act, 1853," and this Act, or who, having delivered such shipping bill and duplicates, shall, in the event of the goods or any part thereof comprised therein not being duly shipped, in pursuance thereof, fail within three days after the final clearance outwards of the ship in which such goods were in such shipping bill entered to be shipped, to attend the proper officer of Customs, either by himself or his agent, and correct and make perfect such shipping bill, by striking out of the same such of the goods entered therein as shall not have been shipped in pur suance thereof, shall forfeit the sum of 201.

6. If any person shall cause to be imported goods of one denomination concealed in packages of goods of any other denomination, or shall directly or indirectly cause to be imported or entered any package of goods as of one denomination, but which shall afterwards be discovered, either before or after delivery thereof, to contain other goods subject to a higher rate or amount of duty than those of the denomination by which such package was entered, such package and all goods contained therein shall be forfeited, and every person shall forfeit and pay for every such offence a penalty of 100., or treble the value of the goods contained in such package at the option of the Commissioners of Customs.

7. Reciting that by section 43. of "The Customs Consolidation Act, 1853," it is enacted, "that no goods shall be deemed to be imported from any particular place unless they be imported direct from such place, and shall have been there laden on board the importing ship either as the first shipment of such goods or after the same shall have been actually landed at such place;" and by section 77. of the same Act it is further enacted, "that no goods shall be entered as being of or from any British possession abroad (if any benefit attach to such distinction), (except as therein excepted), unless the master of the ship importing the same shall have delivered to the collector or comptroller a certificate under the hand of the proper officer of the place where such goods were taken on board of the due clearance of such ship from thence, containing an account of such goods;" and by "The Customs Tariff Act, 1855," certain goods of and from a British possession are entitled to entry upon importation into the United Kingdon at a lower

rate of duty than when imported from a foreign country, but are, under the provisions of section 43. of "The Customs Consolidation Act, 1853," required to be imported direct from the place of growth or produce: And that it is expedient to relax the provisions of the said Act in regard to butter and deals the produce of Canada imported from thence into the United Kingdom via Portland in the United States of America :-Enacts, that, notwithstanding anything in the said Acts contained to the contrary, it shall and may be lawful to import butter and deals into the United Kingdom from Canada via Portland, under such rules and regulations as the Commissioners of the Treasury or the Commissioners of Customs may from time to time direct and appoint; and that such goods so imported shall be entitled to the same privileges, and admissible at the same rate of duty, as if imported direct from Canada.

8. For the removal of doubts as to the meaning and application of the word "importer," as used in the Customs Acts, the word "importer" in any Act relating to the Customs is hereby declared to apply to and include any owner or other person for the time being possessed of or beneficially interested in any goods imported into the United Kingdom, from the time of the importation thereof until they shall, on payment of the duties thereon or otherwise, be duly delivered or discharged from the custody or control of the Customs.

9. In citing this Act in other Acts and in legal instruments it shall be sufficient to use the expression "The Customs Amendment Act, 1859."

CAP. XXXVIII.

An Act further to amend the Laws relating to the Militia.

(13th August 1859.)

ABSTRACT OF THE ENACTMENTS.

1. Sections 8. and 9. of the Act, 51 Geo. 3. c. 118, repealed as to men hereafter raised for the militia.

2. Her Majesty may employ the present militia making voluntary offers beyond the limited period of interchange. 3. The militia who volunteer may be employed in addition to the proportion now limited.

4. Her Majesty may accept voluntary offers of militia to serve in the Channel Islands.

5. Commanding officer to explain the offer to be voluntary.

6. Qualification for adjutants in Ireland and Great Britain assimilated.-Service in the East Indian army to be a qualification.

7. Powers vested in Her Majesty for uniting the militias of counties extended.

8. Times and places of training in Great Britain to be appointed by Her Majesty; in Ireland by the Lord

Lieutenant.

9. Term of service of militiamen absent from annual training to be extended.

10. Fraudulent re-enlistment to be deemed desertion.

11. Volunteer fraudulently re-enlisting to be subject to serve in any regiment in which he has enlisted, and to be subject to stoppages.

12. Deserters may be tried by court-martial or may be proceeded against summarily before Justices.

13. Section 40. of 17 & 18 Vict. c. 105, section 59. of 17 & 18 Vict. c. 106, and section 23. of 17 & 18 Vict. c. 107. repealed.

14. Application of penalties.

By this Act,

After reciting that an Act was passed, 51 Geo. 3. c. 118, "to permit the interchange of the British and Irish militias respectively;" and by section 8. of that Act it was enacted, that no regiment, battalion, or corps of British or Irish militia should continue to serve in Ireland or Great Britain respectively for any longer period than two years successively, and that no greater number than one-fourth part of the militia of Great Britain should at any one time be employed in Ireland, nor any greater number than one-third part of the militia of Ireland be at one time employed in Great Britain, except in case of invasion or rebellion, as therein mentioned; and by section 9. of that Act it was enacted, that no regiment, battalion, or corps of British or Irish militia, having once performed its period of service in Ireland or Great Britain respectively should be again liable to serve in Ireland or Great Britain respectively, until the expiration of six or four years respectively, to be calculated from the termination of such period of service, except in case of invasion or rebellion, as therein mentioned: And that it is expedient that the restrictions contained in the said sections on the interchange of the militia in different parts of the United Kingdom should, except as to persons now serving in the militia, be repealed, and that the laws relating to the militia should be otherwise amended:

It is Enacted as follows:

1. All persons who may be commissioned, raised, and enrolled in and for the regular militia in Great Britain and Ireland respectively at any time after the passing of this Act, under any Act now in force or which may hereafter be in force for raising men for the militia, shall be liable to serve in all parts of the United Kingdom of Great Britain and Ireland during all or any part of their terms of service in the militia; and as respects such persons as aforesaid, sections 8. and 9. of the said Act, 51 Geo. 3. c. 118, shall be repealed.

2. It shall be lawful for Her Majesty to employ, in Ireland or Great Britain respectively, beyond the period of two years mentioned in section 8. of the said Act, or before the expiration of six or four years mentioned in section 9. of the said Act, such part of the British and Irish militia respectively raised before the passing of this Act, as may make a voluntary offer, duly certified by their respective commanding officers, so to extend their services, and as Her Majesty may think proper to permit to extend their services in consequence of such voluntary offers as aforesaid; and it shall be lawful for Her Majesty by any order signed by the principal Secretary of State, or by the Lord Lieutenant or

other chief governor or governors of Ireland or by his or their chief secretary, directed to the commanding officer of any regiment, battalion, or corps of the said British or Irish militia respectively, to propose to such regiment, battalion, or corps to extend the period of their services in Ireland or Great Britain, as the case may be, beyond the said term of two years, or before the expiration of the said six years or four years respectively, under such rules and regulations as Her Majesty may think fit and appoint.

3. In reckoning the one-fourth part of the British militia which may at one time be employed in Ireland, or the one-third part of the Irish militia which may at one time be employed in Great Britain, any part of the present British or Irish militia respectively which shall have volunteered to serve in Ireland or Great Britain respectively beyond the said period of two years, or before the expiration of such six years or four years, shall be excluded, and may be so employed in addition to such one-fourth part or one-third part of the same militia, as the case may be.

4. It shall be lawful for Her Majesty to employ in any of the Isles of Guernsey, Jersey, Alderney, and Sark, and the Isle of Man, such part of the militia now raised or hereafter to be raised in any part of the United Kingdom as may make a voluntary offer, duly certified by their respective commanding officers, so to extend their services, and as Her Majesty may think proper to permit to extend their services in consequence of such voluntary offers as aforesaid; and it shall be lawful for Her Majesty by any order signed by the principal Secretary of State, or by the Lord Lieutenant or other chief governor or governors of Ireland or by his or their chief secretary, directed to the commanding officer of any regiment, battalion, or corps of the said militia respectively, to propose to such regiment, battalion, or corps to extend their services to the said isles of Guernsey, Jersey, Alderney, Sark, and Man, under such rules and regulations as Her Majesty may think fit and appoint.

5. No person serving in the said militia raised before the passing of this Act shall be compelled to make an offer to serve or be engaged to serve, except by his own consent, beyond the said period of two years, or before the expiration of the said six years or four years respectively, out of that part of the United Kingdom in or for which he was enrolled; and no person now serving, or hereafter serving in such militia, shall be compelled to make an offer to serve in the said Channel Isles, or be engaged so to serve, except by his own consent; and no commanding officer shall certify according to this

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