« EelmineJätka »
Where the registered electors do not exceed 1,000
If at the end of the two hours appointed for the election, not more candidates stand nominated than there are vacancies to be filled up, the maximum amount which may be required is one fifth of the maximum according to the above scale.
6 & 7 Will. 4. c. 71. 7 Will. 4. & 1 Vict. c. 69. 1 & 2 Vict. c. 64. 2 & 3 Vict. c. 62. 3 & 4 Vict. c. 15. 5 & 6 Vict. c. 54. 9 & 10 Vict, c. 73.
[8th August 1878.] HEREAS an Act was passed in the session of Parliament
held in the sixth and seventh years of the reign of His late Majesty King William the Fourth, intituled “ An Act for the com“ mutation of tithes in England and Wales," and the said Act has been amended, and the provisions thereof have been extended, by Acts passed in the sessions of Parliament held respectively in the first year, the first and second years, the second and third years, the third year, the fifth and sixth years, the ninth and tenth years, and the twenty-third and twenty-fourth years of the reign of Her present Majesty :
And whereas it is expedient that the said Acts should be 23 & 24 Vict. amended, and that the provisions thereof should be further extended Be it therefore enacted by the Queen'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, as follows:
in manner herein-after mentioned :
1. In all cases where land charged with rentcharge in lieu of Redemption of tithes is taken for any of the following purposes; that is to say,
tithe on land The building of any church, chapel, or other place of public public
required for worship;
purposes. The making of any cemetery or other place of burial ; The erection of any school under the Elementary Education Act; 33 & 34 Vict. The erection of any town hall, court of assize, gaol, lunatic c. 75.
asylum, hospital, or any other building used for public purposes, or in the carrying out of any improvements under the Artizans 38 & 39 Vict. Dwellings Act, 1875;
c. 36. The formation of any sewage farm under the provisions of the
Sanitary Acts, or the construction of any sewers, or sewage
works, or any gas or water works ; Or the enlarging and improving of the premises or buildings
occupied or used for any of the above-mentioned purposes ; the person or persons proposing to carry out the above-mentioned works, buildings, or improvements shall, as soon as the said person or persons are in possession of the land, and before the land is applied to any of the purposes aforesaid, apply to the Tithe Commissioners to order the redemption of the rentcharge for a sum of money equal to twenty-five times the amount thereof; and the redemption money, with the expenses incident to the redemption, shall be paid to the said Commissioners within a time to be fixed by such order, or within any enlarged time the Commissioners may appoint, and the Commissioners shall apply such redemption money in the manner provided by the said Acts.
2. The application to the said Commissioners in respect of any Application for such land may be signed by the secretary of any company which redemption. shall have taken the land, or in the case of a corporation, school or other board, by the clerk of the said board or corporation, and in
every other case by such person or persons as the Commissioners may require.
3. Whenever land has been charged with any rentcharge not ex- Redemption ceeding twenty shillings, the Commissioners may, if they see fit, of tithe not upon the application of the owner of such land or of the person twenty shilentitled to the rentcharge thereon, by an order under their hands lings. and seal, direct that such rentcharge shall be redeemed by the payment by or on behalf of the owner of the said land charged therewith, within such time as the Commissioners by such order shall direct and appoint, of a sum of money equal to twenty-five times the amount of such rentcharge.
4. Whenever any land has been charged with a rentcharge ex- Redemption ceeding twenty shillings, the Commissioners may, if they see fit, of tithe ex
ceeding twenty upon the joint application of the owner of the land and the person shillings. entitled to the rentcharge, order such rentcharge to be redeemed for a sum not being less than twenty-five times the amount thereof, provided that the bishop of the diocese and the patron of the benefice consent to such redemption, whenever the person entitled to the rentcharge is entitled thereto in right of any benefice or cure.
[No. 19. Price 2d.] T
Redemption 5. Whenever lands charged with rentcharge under any instruof tithe on divided lands.
ment of apportionment or altered apportionment shall be divided for building or other purposes into numerous plots, and it shall appear to the Commissioners that no further apportionment of the said rentcharge can conveniently be made, the Commissioners may, if they shall see fit, upon the application of the owner or of the person for the time being entitled to the receipt of the said rentcharge, and without limitation as to the amount thereof, by an order under their bands and seal, direct that such rentcharge shall be redeemed by the payment by the owners of the lands chargeable therewith, within such time as the Commissioners shall by such order direct and appoint, of a sum of money not less than
twenty-five times the amount of such rentcharge. Application of 6. All the powers and provisions of the said recited Acts respectexisting powers
ing the redemption of rentcharge and the assessment and recovery of redemption money and expenses (except as otherwise by this Act is provided) shall be applicable to all redemptions authorised and
effected under this Act. Exchange of 7. The provisions of the said Acts with reference to the exchange annual pay
of glebe lands for other lands shall extend to and be deemed to ment for lands or tithe rent. authorise any spiritual person to exchange for lands, or for tithe charge. rentcharge, any annual payment or augmentation belonging to him
in right of his benefice and charged upon or payable out of any lands or tithe rentcharge.
to this Act,
Interpretation of terms.
[8th August 1878.] WHEREAS it is expedient, in order to encourage the celebration
of regular marriages in that part of the United Kingdom called Scotland, that provision should be made for the celebration of such marriages after notice to registrars:
Be it enacted by the Queen'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, as follows:
1. In this Act
marriages for a parish or district under the Act of the
provide for the better Registration of Births, Deaths, “ and Marriages in Scotland,” and the Acts amending
the same: (2.) “Registrar General” means the registrar general of births,
deaths, and marriages in Scotland appointed under the
and “district” have the meanings attached to them respectively in the said Act of the seventeenth and eighteenth years of the reign of Her present Majesty, and
the Acts amending the same. 2. This Act may be cited for all purposes as the Marriage Notice Short title. (Scotland) Act, 1878.
3. This Act shall commence and come into operation on the first Commenceday of January one thousand eight hundred and seventy-nine, which ment of Act. date is herein-after referred to as the commencement of the Act.
4. From and after the commencement of this Act it shall be Ministers, &c. lawful for ministers, clergymen, or priests in Scotland to celebrate may celebrate marriages therein after such publication of notice of an intention marriages on to marry as is herein-after prescribed, and upon production to certificate. such minister, clergyman, or priest of a certificate or certificates of such publication as herein-after prescribed ; and any marriage so celebrated shall be deemed to be a regular marriage as if it had been celebrated by such minister, clergyman, or priest after the proclamation of banns of marriage according to the mode now in use.
5. Notwithstanding anything contained in this Act, the Society Regarding of Friends, commonly called Quakers, and the persons professing Quakers and
Jews. the Jewish religion, may contract and solemnize marriage according to the usages of the said Society and of the said persons respectively, and every such marriage is hereby declared and confirmed as a regular marriage, provided that the parties to such marriage be both of the said Society or both persons professing the Jewish religion respectively ; provided also, that notice to the registrar of intention to marry shall have been given, and his certificate shall have issued in manner herein-after provided.
6. From and after the commencement of this Act a registrar's Registrar's certificate of the publication of a notice of marriage in the manner certificate to be provided for by this Act shall, for all purposes of law, save as herein- certificate of after provided, be of the same force and effect as a certificate proclamation granted by a session clerk or other proper officer for granting the of banns. same of the due proclamation of banns of marriage under the law in force before the commencement of this Act.
7. In every case of persons residing in Scotland intending that Notice of ina regular marriage shall be contracted between them in Scotland tended mar
riage may be without the proclamation of banns, each of such persons shall, on or given to regisabout the same date, give notice of the intended marriage to the trars. registrar of the parish or district in which he or she shall have resided for a period of not less than fifteen clear days previous to the giving of such notice, in the form as nearly as may be set forth in the Schedule A. annexed to this Act; provided that when both of such persons reside within the same parish or district a single notice shall suffice.
8. On the receipt of a notice of an intended marriage, along Duties of regiswith the sum of one shilling and sixpence, the registrar, being trars of resatisfied that the notice is conformable to the requirements of this ceipt of a notice
of marriage. Act, shall forthwith enter the particulars set forth in the notice in "The Marriage Notice Book” herein-after mentioned, and shall on the same day post or put up in a conspicuous and accessible place on the door or outer wall of his office, a public notice of the intended marriage, in the form as nearly as may be set forth in the Schedule B. annexed to this Act, and shall keep the same so posted or put up for seven consecutive days thereafter.
The marriage notice book shall be open at all reasonable times to any person desirous of inspecting the same upon payment of one
shilling Registrar to 9. The registrar, having complied with the requirements of this grant certifi
Act, shall, on the expiration of seven clear days after the receipt of the notice of an intended marriage, in the event of no objection to the marriage appearing on the face of such notice, or being stated to him as herein-after provided for, and upon payment of a fee of one shilling, grant to the person who gave the notice, or to any person authorised by the person who gave the notice, a certificate of the due publication thereof, hereafter in this Act referred to as the registrar's certificate, as nearly as may be in one of the forms set forth in Schedule C. annexed to this Act, and shall therein set forth whether any objection had been offered to such
intended marriage. Provisions as to 10. The registrar shall disregard all objections to an intended objections to intended mar
marriage not appearing on the face of the notice, unlessriages.
1. They shall be stated prior to the issuing of the certificate of
publication: 2. They shall be stated in writing subscribed by the person taking
the same : 3. The person taking the same shall appear personally to lodge
the same with the registrar, and shall in his presence make and subscribe a declaration as nearly as may be in the form set forth in Schedule D. annexed to this Act, which the regis
trar shall endorse on the written statement of objections. And with regard to objections, timely and duly stated as above provided, the following provisions shall have effect; that is to say, (a.) Where the objection is that the persons intending to contract
marriage, or either of them, had not resided fifteen clear days within the parish or parishes or districts or district before giving notice; or that such persons are wrongly named or described in the notice, or that either of them is so wrongly named or described; or that the notice is otherwise inaccurate in any detail ; and generally where the objection does not set forth a legal impediment to a marriage between such persons, but relates to some formality
or statutory requirement merely, the registrar shall suspend the issuing of his certificate, and shall consider the objection, and make such inquiry thereanent as he shall see fit, and report thereon as soon as may be to the sheriff or sheriff substitute of the county in which his office is situated, who shall, on such report, direct the notice to be amended and a certificate to be granted thereon without republication thereof, if he shall see fit; or to be cancelled, if he shall see fit, in which case it shall be competent for the persons intending to contract marriage
to give notice de novo of their intended marriage : (6.) Where the objection is that the persons intending to contract
marriage are within the forbidden degrees of consanguinity or affinity, or are both or either of them already married, or are both or either of them not of a marriageable age, or are from any other legal incapacity disqualified to give