Page images
PDF
EPUB

of this Act no Archbishop or Bishop, Ecclesiastical Corporation Persons grantSole or Aggregate, Dignitary, Canon, or Prebendary, or other ing Leases. Spiritual Person, nor any Master or Guardian of any Hospital, shall grant any new Lease of any House, Land, Tithes, or other Hereditaments, Parcel of the Possessions of his or their See, Chapter, Dignity, Canonry, Prebend, Benefice, or Hospital, by way of Renewal of any Lease which shall have been previously granted of the same for Two or more Lives, until One or more of the Persons for whose Lives such Lease shall have been so made shall die, and then only for the surviving Lives or Life and for such new Life or Lives as, together with the Life or Lives of such Survivor or Survivors, shall make up the Number of Lives, not exceeding Three in the whole, for which such Lease shall have been so made as aforesaid; and that where any such Lease shall have been granted for Forty Years no such Archbishop, Bishop, Ecclesiastical Corporation Sole or Aggregate, Dignitary, Canon, Prebendary, Spiritual Person, Master, or Guardian shall grant any new Lease by way of Renewal of the same, until Fourteen Years of such Lease shall have expired; and that where any such Lease shall have been made as aforesaid for Thirty Years no such Archbishop, Bishop, Ecclesiastical Corporation Sole or Aggregate, Dignitary, Canon, Prebendary, Spiritual Person, Master, or Guardian shall grant any new Lease, by way of Renewal of the same, until Ten Years of such Lease shall have expired; and where any such Lease shall have been granted for Twenty-one Years no such Archbishop, Bishop, Ecclesiastical Corporation Sole or Aggregate, Dignitary, Canon, Prebendary, Spiritual Person, Master, or Guardian shall grant any new Lease, by way of Renewal of the same or (in the Case of Archbishops or Bishops) concurrently therewith, until Seven Years of such Lease shall have expired; and that where any such Lease shall have been granted for Years no such Archbishop, Bishop, Ecclesiastical Corporation Sole or Aggregate, Dignitary, Canon, Prebendary, Spiritual Person, Master, or Guardian shall grant any Lease by way of Renewal of the same or otherwise, for any Life or Lives; any Law, Statute, or Custom to the contrary notwithstanding.

Lease to be taken as Evi

dence of Fact.

II. And be it further enacted, That whenever any Archbishop, Recitals of Bishop, Ecclesiastical Corporation Sole or Aggregate, Dignitary, Canon, Prebendary, Spiritual Person, Master, or Guardian shall hereafter grant any renewed Lease of any House, Land, Tithes, or other Hereditaments, Parcel of the Possessions of his or their See, Chapter, Dignity, Canonry, Prebend, Benefice, or Hospital, such Lease shall contain a Recital or Statement, in the Case of a Lease for Lives, setting forth the Names of the several Persons named as Cestuique vie in the then last preceding Lease of the same Premises, and stating which of such Persons, if any, is or are then dead, or for whose Life that of some other Person has been exchanged by virtue of the Proviso herein-after contained, and in case of a Lease for Years setting forth for what Term of Years the last preceding Lease of the same Premises was granted, and how much of such Term has then expired, and how much remains to come and unexpired, every such Recital or Statement shall, so far as relates to the Validity of the Lease so to be granted as aforeK 3 said,

Penalty on Per. sons introducing

Recitals into Lease, knowing the same to be false.

Ecclesiastical Persons may grant certain Leases conform. able to usual Practice.

Not to prevent
Ecclesiastical
Persons effect-

under certain Conditions.

said, be deemed and taken to be conclusive Evidence of the Truth of the Matter so recited or stated

III. And be it further enacted, That if any Person shall execute any such Lease, or any Counterpart thereof, knowing such Recital or Statement, or any Part thereof, to be false, or shall wilfully introduce or cause to be introduced, or aid or assist in introducing, any such Recital or Statement into any such Lease knowing the same or any Part thereof to be false, or shall prepare or ingross, or cause to be prepared or ingrossed, any Lease or Counterpart of a Lease containing any such false Recital or Statement as aforesaid, knowing the same or any Part thereof to be false, every Person so offending shall be deemed and taken to be guilty of a Misdemeanor; and every Person so offending shall, in addition to any Punishment to which he may be liable, forfeit and pay to any Person suing for the same the full Sum of Five hundred Pounds, or, at the Option of such Person, Five Years improved annual Value of the Hereditaments comprised in such Lease.

IV. Provided nevertheless, and be it enacted, That in Cases where it shall be certified in manner herein-after mentioned that for Ten Years now last past it hath been the usual Practice (such Practice having in the Case of a Corporation Sole commenced prior to the Time of the Person for the Time being representing such Corporation) to renew such Leases for Forty, Thirty, or Twenty-one Years respectively, at shorter Periods than Fourteen, Ten, or Seven Years respectively, nothing herein contained shall prevent any Archbishop, Bishop, Ecclesiastical Corporation Sole or Aggregate, Dignitary, Canon, Prebendary, Spiritual Person, Master, or Guardian from granting a renewed Lease conformably to such usual Practice; provided that such usual Practice shall be made to appear to the Satisfaction of the Archbishop of the Province in the Case of a Lease granted by such Archbishop or by a Bishop, and in the Case of a Lease granted by any other Corporation or Person to the Satisfaction of such Archbishop and also of the Bishop having Jurisdiction over such Corporation or Person, and shall before the granting of such Lease be certified in Writing under the Hand of the Archbishop in the one Case, and of the Archbishop and Bishop in the other Case; the Certificate so signed by an Archbishop only to be afterwards deposited in the Registry of such Archbishop, and the Certificate so signed by an Archbishop and also by a Bishop to be afterwards deposited in the Registry of such Bishop, which Certificate shall be conclusive Evidence of the Facts thereby certified.

V. Provided also, and be it enacted, That nothing herein contained shall prevent any Archbishop, Bishop, Ecclesiastical Coring Exchanges poration Sole or Aggregate, Dignitary, Canon, Prebendary, Spiritual Person, Master, or Guardian from exchanging any Life or Lives in being, for which any Lease shall have been granted as aforesaid, and accordingly granting any renewed Lease with a view to effectuate such Exchange of a Life or Lives; provided that the same shall be approved of (in the Case of an Archbishop) by His Majesty in Council, or (in the Case of a Bishop) by the Archbishop of the Province, or (in the Case of any inferior Corporation or Person) by the Archbishop of the Province and

4

Bishop

Bishop of the Diocese; such Approbation, when required to be given by His Majesty in Council, to be testified by the President of the Council certifying on the renewed Lease to be granted as aforesaid such Approbation, and in all other Cases to be testified by the Person or Persons whose Approval is hereby required certifying on such renewed Lease his or their Approbation of the

same.

VI. Provided also, and be it enacted, That nothing in this Act contained shall prevent any Grants or Renewals of Leases which may have been authorized by Acts of Parliament specially relating to the particular Estates demised by such Leases.

Not to prevent Grants by Acts of Parliament;

VII. Provided also, and be it enacted, That nothing in this Act nor for same contained shall prevent a Lease from being granted, with a view Term as preto confirm any Title or otherwise, for the Life or Lives of the ceding Leases. same Person or Persons or for the Lives or Life of the Survivors or Survivor of them, or for the same Term of Years, and commencing at the same Period, as the Lease last granted for a Life or Lives or a Term of Years respectively.

VIII. Provided also, and be it enacted, That no Lease not authorized by the Laws and Statutes now in force shall be rendered valid by any thing in this Act contained.

IX. And be it enacted, That if any Lease contrary to this Act shall have been granted since the First Day of March in the Year One thousand eight hundred and thirty-six, or shall be granted after the passing of this Act, every such Lease shall be void to all Intents and Purposes whatsoever: Provided always, that nothing in this Act contained shall be deemed or taken to affect any Lease granted or to be granted pursuant to any Covenant or Agreement entered into previously to the First Day of March One thousand eight hundred and thirty-six.

X. And be it further enacted, That nothing in this Act contained shall be deemed or taken to extend to Ireland. XI. And be it further enacted, That this Act may be altered or amended by any Act during this present Session of Parliament.

CA P. XXI.

An Act to provide that Persons in Scotland accused of Letter
Stealing shall not be entitled to Liberation on Bail unless
in certain Cases.
[21st June 1836.]

[ocr errors]

WHEREAS by the Law of Scotland Persons committed for

any Crime or Offence of which the Punishment is not Capital are entitled to be liberated on Bail, excepting in the Case of Forgery, as provided under an Act passed in the Fifth and Sixth Years of the Reign of His present Majesty King William

Act not to render valid illegal Leases.

Leases contrary to this Act void.

Act not to ex

tend to Ireland.

Act may be altered this

Session.

the Fourth, intituled An Act to provide that Persons accused of 5&6W.4. c. 73.

Forgery in Scotland shall not be entitled to Bail, unless in certain

Cases: And whereas an Act was passed in the Fifth and Sixth

Years of the Reign of His said present Majesty, intituled An Act 5&6 W. 4. c. 81. for abolishing Capital Punishments in Cases of Letter Stealing and Sacrilege: And whereas it is expedient that no Person in

* Scotland committed on Charge of Letter Stealing or other Crime or Offence against the Post Office described and enumerated in

[ocr errors]

K 4

the

Persons in Scotland accused of Letter Stealing

not to be entitled to insist on Liberation on Bail.

Judges of the

Court of Justiciary or Sheriff

or Sheriff Substitute may admit to Bail.

Act may be altered this Session.

Bastards in Scotland empowered to make Testaments.

[ocr errors]

the said last-recited Act should be entitled to insist on Liberation on Bail:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act no Person in Scotland committed for Trial on Charge of Letter Stealing or other Crime or Offence against the Post Office described and enumerated in the said last-recited. Act shall be entitled to insist on Liberation on Bail; without Prejudice nevertheless to the Liberation of any such Person as heretofore with the Consent of the Public Prosecutor, and on such Bail only as he may agree to.

II. Provided always, and be it enacted, That it shall be in the Power of any One of the Judges of the Court of Justiciary in Scotland, or of the Sheriff or Sheriff Substitute of the County within which any Person accused of Letter Stealing or other Crime or Offence against the Post Office aforesaid shall be committed, to admit such Person to Bail; provided that it shall appear to the Judge to be consistent with the Ends of Justice so to do; and the Bail to be taken shall be of such Amount as such Judge shall in the Circumstances of the Case think necessary for insuring the Appearance for Trial of the Person accused; any Act or Acts of Parliament, or any Law or Practice in Scotland, in anywise to the contrary notwithstanding.

III. And be it enacted, That this Act may be repealed or altered by any Act or Acts to be passed in the present Session of Parliamer..

[ocr errors]

CA P. XXII.

An Act to enable Bastards in Scotland to make Testaments.

[21st June 1836.]

WHEREAS it is just, humane, and expedient that Bastards

Children in Scotland should have the Power

of disposing of their Moveable Estates by Testaments or last Wills: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act it shall be lawful to Bastards or Natural Children domiciled in Scotland to dispose of their Moveable Estates by Testament or last Will, in like Manner as other Persons belonging to that Country may do; any Law or Practice to the contrary notwithstanding.

[ocr errors]

CA P. XXIII.

An Act to continue for Three Years, and from thence to the End of the then next Session of Parliament, the Acts for the Relief of Insolvent Debtors in Ireland.

WHE

[21st June 1836.]

HEREAS an Act was passed in the Session of Parliament holden in the First and Second Years of the Reign of His 1 & 2 G. 4. c.59. late Majesty King George the Fourth, intituled An Act for the

[blocks in formation]

• Relief of Insolvent Debtors in Ireland, to continue in force for a ' certain Time therein limited; and the said Act was amended by ' another Act passed in the Third Year of the same Reign, and 'both said Acts were continued by another Act made in the 'Seventh and Eighth Years of the same Reign: And whereas ' another Act was made in the Tenth Year of the same Reign, whereby the said recited Acts of the First and Second and Third Years of the same Reign were amended and further continued; and the same, so amended, were, by an Act made in the First Year of His present Majesty's Reign, further continued; and the 'same, so amended, were, by another Act made in the Second Year of His present Majesty's Reign, further continued: And 'whereas by another Act made in the First and Second Years of

[ocr errors]

6

His present Majesty's Reign, intituled An Act to improve the 1&2 W.4.c.31. 'Administration of Justice in Ireland, certain Provisions of the said recited Act of the First and Second Years of the Reign of His late Majesty were repealed, and certain other Provisions were made, and certain Persons declared, in certain Cases therein 'specified, to be entitled to the Benefit of the Acts for the Relief of Insolvent Debtors in Ireland: And whereas by another Act 'made in the Fourth and Fifth Years of the Reign of His present Majesty the said recited Acts were continued for One Year from 'the passing of the said last-mentioned Act of the Fourth and Fifth Years of the Reign of His present Majesty, and until the End of the then next Session of Parliament: And whereas it is 'expedient that the said Acts should be further continued:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said recited Act of the First and Second Years of the Reign of His late Majesty, as the same is amended by the said recited Acts of the same Reign, and save and except as any Provisions thereof may be repealed or other Provisions substituted for the same by the said recited Acts of His present Majesty's Reign, shall be continued; and the said recited Acts of the First and Second, Third, and Tenth Years of continued. the Reign of His late Majesty, and such Parts of the said recited Act of the First and Second Years of the Reign of His present Majesty as relate to the Law for the Relief of Insolvent Debtors, shall be and the same are hereby continued for Three Years from the passing of this Act, and thenceforth until the End of the next Session of Parliament.

The several Acts herein mentioned, relating

to the Relief of Insolvent Debt

tors, with certain Exceptions,

CA P. XXIV.

An Act to render valid certain Marriages solemnized in a Chapel of Ease, in the Parish of Wandsworth in the County of Surrey, called Saint Ann's Chapel. [21st June 1836.]

W HEREAS Saint Ann's Chapel in the Parish of Wandsworth in the County of Surrey and Diocese of Winchester is a Chapel of Ease to the Parish Church of Wandsworth aforesaid, and hath been duly consecrated for the Performance of Divine Service, but no Authority hath ever been given by the

[ocr errors]

Bishop

« EelmineJätka »