shall then be unexpired and in full force, but that every such licence shall remain and continue as valid and effectual for the purposes for which the same was granted, until the expiration thereof by effluxion of time or otherwise, as it would have been if this Act had not been passed.

v. Provided and enacted, That nothing herein contained shall extend or be deemed or construed to extend to any arrears of the said duties or to any penalties which shall respectively have been or be or become due or payable, or have been or be incurred, before or upon the said 5th of September, or to any offence committed before or upon the said last-mentioned day, but that all such arrears of duty and all such penalties as aforesaid shall respectively be collected, received, sued for, and recovered, and all such offences shall be dealt with and punished, as if this Act had not been passed.

v1. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.

CAP. XLIII.

AN ACT for the Amendment of the Laws relating to the Provision and Regulation of Lunatic Asylums for Counties and Boroughs in England.

ABSTRACT OF THE ENACTMENTS.

(25th June 1847.)

1. Recited Act to extend to cases of more than two counties or boroughs uniting for the purpose of establishing a lunatic asylum, or to their uniting with subscribers to a lunatic asylum not theretofore established.

2. Powers, &c., given by recited Act to extend to this Act.

3. Former proceedings by Justices, &c. declared valid.

4. Where by the subsequent union of additional counties or boroughs the proportion of expenses to be borne by those already united is less than that specified in their agreement, the agreement to be valid so as to authorize the raising of the smaller amount.

5. Where a county or borough unites with others, &c., a proportion of expenses assessed upon it to be paid to the treasurers of the other counties, &c., pro ratá, and applied in liquidation of previous charges.

6. Regulating number of visitors where counties or boroughs have united and have been joined by any other county or borough since the passing of this Act.

7. Plans, estimates, &c., not to be subject to the approbation of Quarter Sessions of counties, &c. before they are carried into execution. 8. Agreements to be entered into in the form in Schedule (A.) of recited Act, except, &c.

9. Proposals, agreements, &c., approved by the Secretary of State, after their execution by Justices, &c., to be valid.

10. Committees of Justices, &c., may insert additional stipulations or conditions in form of agreement in Schedule (A.); but acts of visitor not to be subject to control of General or Quarter Sessions.

11. With consent of visitors, additional stipulations or conditions may be repealed.

12. Persons lending money on mortgage of rates, &c. not bound to give proof that notices have been given, &c.

&c. to levy rates so mortgaged.

13. Act to be construed with 8 & 9 Vict. c. 126.

14. Act may be amended, &c.

By this ACT,

Power to Justices,

After reciting that by 8 & 9 Vict. c. 126, it was among other things enacted, that the Justices of every county and borough which had no asylum for the pauper lunatics thereof should, after the passing of the said Act, either erect or provide an asylum for the pauper lunatics of such county or borough alone, or should unite with some county or borough (whether such last-named county or borough should or should not have a lunatic asylum), or with the subscribers to some lunatic asylum theretofore established by voluntary subscriptions, in erecting or providing an asylum for the pauper lunatics of such county or borough: And that doubts have been entertained whether the above-mentioned provisions extend to the case of more than two counties or boroughs uniting with each other, or with each other and with the subscribers to a lunatic asylum, for the purpose aforesaid, and it is desirable that such doubts should be removed: And that it is expedient that the provisions of the said Act should be extended to the case of counties or boroughs uniting for the purpose aforesaid with the subscribers to a lunatic asylum, although the same may not have been actually established before the passing of the said Act; and it is expedient that the said Act should be in other respects amended:

It is Enacted,

1. That the said recited Act shall be deemed and taken to have authorized and empowered and to authorize and empower the Justices of any county or borough to unite for the purposes of the said Act as follows; (that is to say,) any one or more county or counties may be united either alone or with any one or more borough or boroughs, and any one or more borough or boroughs may be united either alone or with any one or more county or counties, and any one or more county or counties, and one or more borough or boroughs, whether united or not, may unite with the subscribers to any lunatic asylum established or in course of erection, or afterwards to be established, by voluntary subscriptions, in erecting or providing an asylum for the pauper lunatics of all or any of such counties or boroughs, whether such union shall have taken place or shall take place at one and the same time or at different times.

II. That all the powers and authorities, of what nature or kind soever, contained in the said Act, or any Act amending the same, except as hereby expressly altered, shall extend to every matter and thing to be done under or by virtue of this Act.

III. That all agreements, acts, and proceedings entered into, done, or had before the passing of this Act, and notwithstanding any error or omission whatsoever, shall be and the same are hereby declared to be valid, binding and effectual, to all intents and purposes whatsoever, and in all respects, as if the provisions of the said Act had been strictly complied with.

IV. That where any agreement for such an union has been made or shall be hereafter made, and in such agreement the proportion in which the expenses necessary for carrying into execution the powers and purposes of the said recited Act or of this Act were or are to be charged and assessed upon the several counties and boroughs and subscribers so uniting shall have been or shall be specified, in pursuance of the directions of the said recited Act, but by reason of some other union the proportions of expenses to be charged and assessed as aforesaid shall have been or shall be altered and diminished, the agreement for such alteration and diminution shall nevertheless be deemed and taken to be valid, and to authorize and empower the Justices of every such county at the General or Quarter Sessions for the same, or the council of every such borough, to raise and levy, by the ways and means mentioned in the said recited Act, or any Act amending the same, such smaller proportion and sums of money as shall under the circumstances aforesaid be necessary for carrying into effect the provisions of the said recited Act and of this Act.

V. That when, in the case of any such union as aforesaid, any monies shall become repayable to any county or borough by reason of the addition thereto of any other county or borough or subscribers, then such excess shall be repaid to the respective treasurers of such counties or boroughs according to the proportions in which the original sums were contributed, and shall be applied in liquidation and payment, pro tanto, of the monies which shall have been raised and levied by such counties and boroughs, for the purposes and under the powers of the said recited Act, or of any Act amending the same, or of this Act, in such manner as the Justices of any such county at any General or Quarter Sessions for the same, or the council of any such borough, shall respectively order and direct; or if all such monies shall have been paid, then the same shall be applied in diminution of any rate to be made in pursuance of the said recited Act, or any Act amending the same.

VI. That where any union shall have been made before the passing of the said recited Act, or where any union comprising more than two counties or boroughs shall be made after the passing of this Act, and by the agreement thereupon made and entered into the number of visitors for any county or borough has been or shall be fixed at less in the case of a county than seven, or in the case of a borough than three, such agreement shall and is hereby declared to be valid to all intents and purposes, anything in the said recited Act to the contrary notwithstanding; and in case such union shall hereafter be joined by any other county or borough, it shall be lawful, in the agreement to be thereupon made and entered into, to fix a less number of visitors for any such county than seven, and for any such borough than three.

VII. That where any union has been or shall be made for the purposes of the said recited Act, it shall not be necessary, after the passing of this Act, that the plans, estimates, contracts, and agreements for purchase, or any of them, shall be submitted for or be subject to the approbation of the Court or Courts of General or Quarter Sessions of the county or counties, or the Justices of the borough or boroughs, uniting, before the same shall be completed or carried into execution; provided that the sum to be so expended shall not exceed an amount previously authorized by the said Court or Courts of General or Quarter Sessions.

VIII. That, notwithstanding the provisions of the said recited Act, it shall not be necessary to specify in the agreement to be executed in pursuance thereof the numbers of every committee of the county or counties, borough or boroughs, or subscribers, uniting, but that the said agreement may be entered in into the form or to the effect of the agreement in Schedule (A.) to the said Act annexed, except that it shall not be necessary that such agreement should be under the seals of the parties signing the same, anything in the said Act to the contrary notwithstanding.

IX. That all proposals, agreements, contracts, and plans made or to be made in pursuance and execution of the said recited Act or of this Act, which shall have been or shall be approved of by one of Her Majesty's principal Secretaries of State under his hand, shall be deemed and are hereby declared to be valid, binding, and effectual, although the same shall not have been or may not be submitted to and approved by such Secretary of State until after the signing and execution thereof by any committee of Justices or visitors.

x. That when any committees of Justices elected and appointed, or of subscribers appointed, as in the said Act is mentioned shall have agreed or shall agree to unite for the purposes of the said Act, it shall be lawful for such committees to insert in the form of agreement set forth in the Schedule (A.) annexed to the said Act any stipulations or conditions, in addition to the matters by the said Act required to be specified in such agreement, so that such additional stipulations or conditions do not in any way subject the acts of the committee of visitors to the approval or controul of any Court of General or Quarter Sessions, or of any Justices, in any case not provided for by the said Act as amended by this Act; and the additional stipulations and conditions so inserted in the said agreement shall be of the same force and effect as the matter so required to be specified, notwithstanding that such additional stipulations or conditions may controul, in any other manner than is hereinbefore specified and excepted, the discretion and acts of the committee of visitors as regulated by the said Act, or may require the consent or approval of, or may subject the acts or orders of the visitors to be disallowed, modified, or controulled by one of Her Majesty's principal Secretaries of State in cases not provided for by the said Act; but any stipulations or conditions subjecting the acts of the committee of visitors to the approval or controul of any Court of General or Quarter Sessions, or of any Justices, in any case not provided for by the said Act as amended by this Act, shall be void and of none effect.

xi. That, with the consent in writing under the hands of the greater number of visitors of each county, borough, or body of subscribers united for the purposes of the said Act, and with the previous consent in writing under the hand and seal of one of Her Majesty's principal Secretaries of State, the committee of visitors may from time to time repeal or alter any of the said additional stipulations or conditions inserted in the said agreement.

XII. That the several persons lending money for the purposes of the said Act shall not be bound to require proof that the several provisions of the said Act or of this Act, or of any Act amending the same, have been duly complied with; and that if there be an order of the Justices of any county in General or Quarter Session, or of the council of any borough, making application for the loan, and any mortgage be thereupon duly executed as by the said recited Act is provided, the Justices or council (as the case may be) shall have full power to levy the rates so mortgaged, for repayment of the money so borrowed, with interest, notwithstanding that the provisions of the said recited Act, or any Act amending the same, may not have been complied with; and it shall not be competent to any rate-payer or other person to question the validity of any such rate or mortgage on the ground that the aforesaid provisions had not been complied with.

XIII. That this Act shall be construed and read with and as part of the said recited Acts.

XIV. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.

CAP. XLIV.

AN ACT to render permanent certain Parts of the Act for amending the Constitution of the Government of Newfoundland.

ABSTRACT OF THE ENACTMENTS.

(25th June 1847.)

1. So much of 5 & 6 Vict. c. 120. as is hereinbefore recited declared permanent, and so much as is not recited to cease to be in force.

2. Act may be amended, &c.

By this ACT,

After reciting that by 5 & 6 Vict. c. 120. it was amongst other things enacted, that it should be lawful for Her Majesty, in or by any commission or commissions under the Great Seal of the United Kingdom, to be thereafter issued for the Government of Newfoundland, and in and by any instructions under Her Majesty's signet and sign manual accompanying and referred to in any such commission or commissions, to establish a qualification in respect of income or property in right of which any person might be thereafter elected to serve as a member of the assembly of Newfoundland; provided that no such qualification should be fixed at more than a net annual income arising from any source whatsoever of 100%., or the possession of property, clear of all incumbrances, exceeding 5001, in amount or value; and that it should be lawful for Her Majesty, in manner aforesaid, to fix and determine the length of the period of residence within any electoral district in the said island which should be required, in addition to any other qualification, for voting at elections within such district, or for being elected to serve as a member of the assembly, provided that such period should not extend beyond the period of two years next preceding any such election; and that it should be lawful for Her Majesty, in manner aforesaid, to restrain the said assembly from appropriating to the public service within the island of Newfoundland any part of the public revenue thereof in cases where such services should not have been previously recommended, or such grants of money should not have been previously asked by or on the behalf of Her Majesty; and that it should be lawful for Her Majesty, in manner aforesaid, to restrain and prohibit the election of members to serve in the said assembly in different districts on successive or different days, and to require that all such elections should be simultaneous, and should be completed within a time to be limited, and that any such future commission or instructions as aforesaid should be laid before both Houses of Parliament within thirty days next after the date thereof, should Parliament then be in session, or if not, then within thirty days next after the commencement of the then next session of Parliament; and it was thereby provided that no change which should be made in the constitution of the said island under the said Act should continue for a longer time than the 1st day of September 1846, unless Parliament should otherwise order: And that by an Act, 9 & 10 Vict. c. 45, it was enacted, that the changes made in the constitution of the said island under the said recited Act should continue in force until the 1st day of September 1847: And that upon and from the said 1st day of September 1847 the changes made in the constitution of the said island under the first-recited Act will cease to be in force unless further provision in that behalf be made by Parliament; and it is expedient that from and after the said 1st day of September 1847 the first-recited Act should cease to be in force, save only so far as the same is hereinbefore recited :

It is Enacted,

I. That so much as is hereinbefore recited of the first-recited Act shall be permanent, and that upon and from and after the 1st day of September 1847 so much of the said Act as is not hereinbefore recited shall cease to be in force.

11. That this Act may be amended or repealed by any Act to be passed during this session of Parliament.

CAP. XLV.-IRELAND.

AN ACT to authorize for One Year, and to the End of the then next Session of Parliament, the Removal of Prisoners from the several Gaols in Ireland in Cases of epidemic Diseases.

(25th June 1847.)

ABSTRACT OF THE ENACTMENTS.

1. In case of fever or contagion existing in any place in Ireland, prisoners may be removed from one gaol to another by order of the Lord Lieutenant.

2. Commencement and continuance of Act.

3. Act may be amended, &c.

By this ACT,

After reciting that fever and other epidemic diseases have for some time prevailed in several parts of Ireland: And that the progress of such diseases is likely to be much augmented by the want of proper accommodation in the gaols in Ireland, and the number of persons confined therein: And that the removal of such prisoners to other prisons or places cannot, as the law now stands, take place without risk to the persons to whose custody such prisoners respectively may be committed: And that persons remanded or ordered to be imprisoned by the Commissioners of Her Majesty's Court for the Relief of Insolvent Debtors in Ireland cannot by any order of the said Court or otherwise be removed to other custody; and it is expedient that the law should in such cases be amended, for the benefit and safety of the public:—

It is Enacted,

I. That when and so often as any fever, or other contagious, epidemic, or endemic disease, shall exist or be apprehended in any city, town, or place in Ireland, it shall and may be lawful to and for the Lord Lieutenant or other chief governor or governors of Ireland, by his or their order, to be signified by his or their chief secretary or under secretary, to direct that any person or persons, being imprisoned in any gaol, prison, bridewell, or other place of confinement in any city, town, or place in Ireland, under or by virtue of any process, civil or criminal, or under or by virtue of any order or writ of any court of justice in Ireland, shall and may be removed from such gaol, prison, bridewell, or other place of confinement to such other gaol, prison, or place of custody as to such Lord Lieutenant or other chief governor or governors of Ireland shall seem fit and proper, for and during such time as to him or them shall appear expedient; and every such person, when so removed, shall be to all intents and purposes deemed and considered to be in the proper legal custody for and during the time of such removal, and for and during such time as he or she shall be in the place to which he or she shall be so removed, in like manner, to all intents and purposes, as if such person had continued in his or her original place of confinement, and had not been by any such order or otherwise removed from the same; and that no right, duty, authority, liability, jurisdiction, franchise, power, privilege, or function of any person whatsoever, which if such removal had not taken place would have existed, or could or might have been used or exercised, shall be in any respect or degree affected, altered, diminished, prejudiced, or varied by or in consequence of any such removal: Provided always, that in case any such prisoners shall be removed under the provisions of this Act from any county, county of a city or county of a town, into any other county, county of a city or county of a town, the expenses of the support and maintenance of such prisoners in the place to which they shall be so removed shall be paid and provided for by the county, county of a city or county of a town, from which respectively they shall have been so removed, as the same were or ought to be paid or provided for before such removal; and the expenses of any such removal under this Act, and of any further removal of prisoners, to the original place of custody, shall be charged and chargeable on the county, county of a city or county of a town, from which they shall have been so removed, and shall be paid and provided for in like manner and subject to like provisions as are contained in an Act, 1 & 2 Vict. c. 6, intituled 'An Act to regulate the Expenses of conveying Prisoners in Ireland.'

11. That this Act shall commence and take affect from and after the passing of the same, and shall continue and be in force for the space of one year, and from thence to the end of the then next session of Parliament.

III. That this Act may be amended or repealed by any Act to be passed in this present session of Parliament.

CAP. XLVI.-IRELAND.

AN ACT to facilitate the temporary Investment of Trust Monies in the Improvement of Landed Property in Ireland.

ABSTRACT OF THE ENACTMENTS.

(25th June 1847.)

1. Trustees, &c., of settled estates may petition the Court of Chancery in Ireland for permission to lay out money in improvements. 2. Court may refer such petition to a Master, and obtain his report.

3. Master to give notice, and shall hear all parties, on the matters referred to him, and report on the same to the Court, who may confirm the same.

4. Master to inquire and report on the due expenditure on improvements as ordered.

5. Advances to be charged on lands improved.

6. Tenants for life bound to pay charges, &c., ordered by the Court, and maintain works in good condition.

7. After a petition has been presented any further application may be made by motion, &c.

8. Act may be amended, &c.

By this ACT,

After reciting that it is expedient that further facilities should be given for the permanent improvement of lands in Ireland: And that it may happen that there are now or hereafter may be in the hands or standing to the account of trustees or a trustee of a settlement or will or codicil monies produced by the sale or received for equality of exchange of settled estates or hereditaments in Ireland, under a power of sale or exchange, or under trusts for sale, in such settlement or will or codicil contained, or stocks or securities purchased with such monies, and which monies are liable to be laid out in the purchase of other estates or hereditaments in Ireland or elsewhere, to be settled to the same or the like uses or upon and for the same or the like trusts and purposes as the estates or hereditaments from the sale or exchange of which such monies were produced, and there may be now or hereafter monies in the hands or standing to the account of trustees or a trustee of a settlement, will, or codicil produced by a sale or sales of settled lands or hereditaments in Ireland, compulsorily or otherwise, made to or for the purposes of a railway or other public work, or other monies, stocks, or securities liable to be laid out in the purchase of lands or hereditaments, and which monies respectively may be advantageously advanced for the purpose of being laid out in the permanent improvement of the lands or hereditaments remaining unsold or in settlement for the time being, and there may be now or hereafter monies or stocks or securities in the hands or standing to the account of trustees or guardians for infants or others under legal disability, or monies of persons of unsound mind, which may be advantageously advanced for the purpose of being employed in the permanent improvement of the estates of such infants, persons of unsound mind, or others under legal disability:—

It is Enacted,

1. That it shall be lawful for any such trustee or trustees (with the consent of any person or persons beneficially interested, in possession, if of full age), or guardian or guardians, and for the committee or committees of any persons of unsound mind, and they are hereby authorized, to apply to the High Court of Chancery in Ireland, by petition to the Lord High Chancellor, praying that he or they may be authorized to make any such permanent improvements of any such lands or hereditaments in Ireland respectively as aforesaid, by laying out and expending thereon any sum or sums proposed by such petition, in such manner as therein may be mentioned and described, and in such petition to pray that the expenses of making any such permanent improvements may be defrayed by advances out of any such monies or funds in the hands or to the account of such trustees or guardians or others as aforesaid.

II. That upon the presentation of any such petition as aforesaid it shall be lawful for the said Court, without requiring the attendance of any counsel or solicitor, to refer it to one of the Masters of the said Court to make all necessary and proper inquiries, and to consider all such evidence, estimates, and valuations as shall be produced before him in relation to the matter of such petition, and thereupon to report whether in his opinion it will be beneficial to all persons interested in the lands that such permanent improvements as last aforesaid should be made under the provisions of this Act, and whether, having regard to the nature of such improvement, the money so to be expended, or any part thereof, should be repaid, and, if to be repaid, by any and what instalments, and with any and what interest, and with what priority.

III. That in proceeding under such order of reference the said Master shall cause such notice thereof to be given by adver tisement or otherwise as he shall think fit or the Court of Chancery shall by any general or other order direct, and shall hear all parties interested in the subject-matter of such reference who may appear before him, and shall report on the matters so to him referred, and such report shall be filed according to the practice of the said Court, and that thereupon it shall be lawful for the said Court, without requiring the attendance of any counsel or solicitor, upon the petition of the party obtaining the same, to confirm the said report absolutely or make such alteration therein as shall be fit, and to make an order authorizing or permitting such permanent improvements to be made, and the expenses of making the same, together with the expenses of making the same, together with the expenses of obtaining the authority of the said Court, to be accordingly advanced out of such monies respectively aforesaid, and which order shall be registered in the office of the registrar of judgments, in like manner and on payment of like fees as those upon which any decree or order may be registered, and that thereupon it shall be lawful for such trustees or guardians, or other person or persons to whom such monies or funds as aforesaid shall have been paid, or in whose care, custody, or possession the same shall be and remain for the time being in the several cases respectively aforesaid, to advance and lay out such monies accordingly.

IV. That after such monies shall have been so advanced and laid out as aforesaid, it shall be lawful for such trustees of guardians or others from time to time to apply to the said Court, by petition to the Lord High Chancellor, for a reference to the said Master to ascertain that the same have been properly expended in or about the making of such improvements, and in paying or providing for the expenses incurred and to be incurred of obtaining the authority of the said Court; and that upon the said Master making his said report, and thereby finding that such monies or any part thereof had been so properly expended as aforesaid, and upon the said report being duly filed according to the practice of the said Court, that then it shall be lawful for the said Court, without requiring the attendance of any counsel or solicitor, to make an order to confirm the said report absolutely, and thereupon such trustee or trustees, guardian or guardians, or committees, or other such persons as aforesaid, shall be for ever fully released, exonerated, and discharged from all and every liability or responsibility on account of or concerning any such application of any such trust or other monies, or such part thereof in respect of which such order shall have been so made as last aforesaid, subject nevertheless to any orders or provisions of the Lord Chancellor from time to time in that behalf made or provided.