T UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LBRARY A COLLECTION OF THE \$nUit (Btmval .^tatttte^ PASSED IN THE LAST SESSION (6 & 7 W. IV.) AS FAR AS RELATES TO THE OFFICE OF A JUSTICE OF THE PEACE, PAROCHIAL MATTERS, ENGLAND AND WALES, NOTES, REFERENCES, AND AN INDEX. By JOHN TIDD PRATT, Esq. BARRISTER-AT-LAW, LONDON : SHAW & SONS, 137 & 138, FETTER LANE, FLEET-STREET, Hato printers ani l^ublisfierc. ]83G. LONDON : PRINTED BY SHAW AND SONS, 137 & 138, FETTER LANE, s TO THE RIGHT HONORABLE LORD JOHN RUSSELL, HIS MAJESTY'S SECRETARY OF STATE FOR THE HOME DEPARTMENT, THE FOLLOWING COLLECTION OF STATUTES IS DEDICATED BY THE EDITOR. ADVERTISEMENT The publication of the Collection of the Statutes of the Session 5 & 6 Wm. IV., as far as related to the Office of a Justice of the Peace, and to Parochial Matters in England and Wales, having met with the approbation of the magistracy in general, several of whom have spoken in high terms of its great utility, as tending not onty to save much time and research, but as being the most expeditious mode by which a knowledge of every legal provision relating to the adminis- tration of justice which passes during each Session can be acquired, has induced the Editor to bestow additional pains upon this Collection, trusting thereby that its usefulness, if possible, may be extended. The number of Public General Statutes passed during the last Session amounts to One Hun- dred AND Seventeen, of which Forty-one relate. ADVERTISEMENT. either more or less, to Justices of the Peace and to Parochial Matters ; every section having any reference thereto has been given, and the most important Statutes, such as the Sale, &c. OF Bread Act, Commutation of Tithes in England and Wales, the Act for Mar- riages IN England, the Act for Register- ing Births, Deaths and Marriages in Eng- land, the Act for regulating Parochial Assessments, and the Act for Facilitating the Inclosure of Open and Arable Fields IN England and Wales, among others, will be found printed in full in the following pages. Elm Court, Temple, September, 1836. TABLE OF CONTENTS. 6 Wm. 4, Cap. 1. An Act to apply certain sums to the Service of the Year One thousand eight hundred and thirty-six — seven. [4th March. 1836.] Cap. 2. An Act for raising the Sum of Fifteen Millions by Exchequer Bills, for the service of the Year One thousand eight hun- dred and thirty-six — seven. [4th March, 1836,] Cap. 3. An Act for vesting the Office of Constable of the Castle of Saint BriaveVs in the First Commissioner of his Majesty's Woods, Forests, Land Revenues, Works, and Buildings ; and for vesting the Office of Keeper of the Forest of Dean in the County of Gloucester in the Commissioners of his Majesty's Woods, Forests, Land Revenues, Works, and Buildings. [4th MarcA, 1836.] .. .. page \ to 3. Cap. 4. An Act to amend an Act of the last Session for abolishing Capital Punishments in Cases of Letter Stealing and Sacri- lege. [18th MarcA, 1836.] paged. Cap. 5. An Act for carrying into further Execution Two Acts of His present Majesty, relating to the Compensation for Slaves upon the Abolition of Slavery, and for facilitating the Dis- tribution and Payment of such Compensation. [18th March. 1836.] Cap, 6. An Act for carrying into effect a Treaty made between His Majesty and the Queen Regent of Spain for the Abolition of the Slave Trade. [30th March, 1836,] b 11 CONTENTS. Cap. 7. An Act to indemnify such Persons in the United Kingdom as have omitted to quahfy themselves for Offices and Employ- ments, and for extending the Time limited for those Pur- poses respectively until the Twenty-fifth day of March One thousand eight hundred and thirty-seven ; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attor- nies and Solicitors to make and file the same on or hefore the First Day of Hilary Term One thousand eight himdred and thirty-seven ; and to allow Persons to make and file such Affidavits, although the Persons whom they served shall have neglected to take out their Annual Certificates. [30th MarcA, 1836.] page A Cap. 8. An Act for punishing Mutiny and Desertion, and for the hetter Payment of the Army and their Quarters. [2 2d April, 1836.] Cap. 9. An Act for the Regulation of His Majesty's Royal Marine Forces while on Shore. [22d April, 1836.] Cap. 10. An Act to indemnify Witnesses who may give Evidence before the Lords Spiritual and Temporal on a Bill to exclude the Borough of Stafford fi-om sending Burgesses to serve in Parliament. [19th May, 1836.] Cap. 11. An Act for the Registration of Aliens, and to Repeal an Act passed in the Seventh Year of the Reign of His late Majesty for that Purpose. [19th May, 1836.] , . page 5 to 8 Cap. 12. An Act for amending an Act of the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the better Regulation of Divisions in the several Counties of England and Wales. [20th May, 1836.] page 8 to 9 Cap. 13. An Act to consolidate the Laws relating to the Constabulary Force in Ireland. [20th May, 1836,] CONTENTS. ill Cap. 14. An Act to amend the Laws relating to Bankrupts in Ireland. [20tliM«y, 1836.] Cap. 15. An Act to amend an Act of the Fourth and Fifth Years of His present Majesty, in order to enable certain Seamen belong- ing to Shetland or Orkney to pay certain Sums of Money, payable under that Act to the Seaman's Fund, at Lerwick in Shetland or Kirkwall in Orkney. [7th June, 1836.] page 10 to 13 Cap. 16. An Act to revi^'e and continue in force, until the First Day of August One thousand eight hundred and forty, an Act of the Legislature of Jamaica to explain and amend an Act for the Abolition of Slavery in that Island, and in aid of the same. [7th June, 1836.] Cap. 17. An Act to make Provision for the better Administration of Justice in certain of His Majesty's West India Colonies. [7th /M«e, 1836.] Cap. 18. An Act to apply the Sum of Eight Millions, out of the Con- soUdated Fund, to the Service of the Year One thousand eight hundi'ed and thirt\"-six. [7th June, 1836.] Cap. 19. An Act for separating the Palatine Jurisdiction of the County Palatine of Durham from the Bishoprick of Durham. [21st /M«e, 1836.] page 14 to \7 Cap. 20. An Act for imposing certain Restrictions on the Renewal of Leases by Ecclesiastical Persons. [21st June, 1836.] page 17 to 20 Cap. 21. 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.] Cap. 22. An Act to enable Bastards in Scotland to make Testaments. [21st June, 1836.] b 2 IV CONTENTS. Cap. 23. An Act to continue for three years, and from thence to the End of the then next Session of Parliament, the Acts for theRehef of Insolvent Debtors in Ireland. [21st/w»e, 1836.] Cap. 24. An Act to render valid certain Marriages solemnized in a Chapel of Ease, in the Parish of Wandsworth in the County oi Surrey, called St. Ann's Chapel. [21st June, 1836.] i page 20 to 22 Cap. 25. An Act for granting an additional Rate of Postage on Letters between Great Britain and Ireland, by way of Milford and Waterford. [21st June, 1836.] Cap. 26. An Act for granting to his Majesty, until the Fifth Day of July One thousand eight hundred and thirty-seven, certain Duties on Sugar imported into the United Kingdom for the Service of the Year One thousand eight hundred and thirty- six. [4th /w/y, 1836.] Cap. 27. An Act for investing in Government Securities further Portions of the Cash lying unemployed in the Bank of England be- longing to Bankrupts' Estates. [4th July, 1836.] Cap. 28. An Act to enable persons to make Deposits of Stock or Ex- chequer Bills in lieu of giving Security by Bond to the Postmaster- General, and Commissioners of Land Revenue, Customs, Excise, Stamps, and Taxes. [4th July, 1336.] Cap. 29. An Act for improving the Pohce in the District of Dublin Metropolis. [4th /w^y, 1836.] Cap. 30. An Act to repeal so much of Two Acts of the Ninth and Tenth Years of King George the Fourth as directs the Period of the Execution and the Prison Discipline of Persons con- victed of the Crime of Murder. [14th July, 1 836.] page 22 to 24 CONTENTS. V Cap. 31. An Act to amend an Act of His late Majesty King George the Second, for the Encouragement of building of Chapels of Ease in Ireland. [14th July, 1336.] Cap. 32. An Act for the Regulation of Benefit Building Societies. [14th July, 1836.] page 24 to 26 Cap. 33. An Act to amend and regulate the Law of Scotland as to Era- sures in Instruments of Sasine and of Resignation ad re- manentiam. [14th /w/y, 1836.] Cap. 34. An Act to amend an Act passed in tlie Seventh and Eighth Years of the Reign of His Majesty King George the Fourth for the better Administration of Justice at the holding of Petty Sessions by Justices of the Peace in Ireland. [14th July, 1836.] Cap. 35. An Act for the further improving the Road between London and Holyhead, by Coventry, Birmingham, and Shrewsbury. [14th /w/y, 1836.] Cap. 36. An Act to amend an Act passed in the present Session of Parliament, for consolidating the Laws relating to the Con- stabulary Force in Ireland. [28th July, 1836.] Cap. 37. An Act to repeal the several Acts now in force relating to Bread to be sold out of the City of London and the Liberties thereof, and beyond the Weekly Bills of Mortality and Ten Miles of the Royal Exchange; and to provide other Regula- tions for the Making and Sale of Bread, and for preventing the Adulteration of Meal, Flour, and Bread, beyond the Limits aforesaid. [28th July, 1836.] . . page 27 to 44 Cap. 38. An Act to amend an Act passed in the Third and Fourth Years of the Reign of His present Majesty, intituled An Act to amend the Laws, relating to Excise Licences, and to the Sale of Wine, Spirits, Beer, and Cider by Retail in Ireland. [28th July, 1836,] tl CONTENTS. Cap. 39. An Act to continue for One Year, and from thence to the End of the then next Session of Parhament, the several Acts re- lating to the Importation and keeping of Arms and Gun- powder in Ireland, [28th July, 1836.] Cap. 40. An Act to continue for One Year, and from thence to the End of the then next Session of Parliament, the several Acts for regulating the Turnpike Roads in Ireland. [28th July, 1836.] Cap. 41. An Act to abolish the Commissary Court of Edinburgh, and to regulate the Mode of taking Proofs in Consistorial Causes in Scotland. [28th July, 1836.] Cap. 42. An Act to grant certain Powers to Heirs of Entail in Scotland, and to authorize the Sale of Entailed Lands for the Pay- ment of certain debts afTecting the same. [28th July, 1836.] Cap. 43. An Act to provide for the taking of Judicial Ratifications of Scottish Deeds on Oath as heretofore. [28th July, 1836.] Cap. 44. An Act to continue the Laws for the Relief of Insolvent Debtors in England wntil the First Day of June One thousand eight hundred and thirty-seven, and from thence to the End of the then next Session of Parliament. [28th July, 1836.] Cap. 45. An Act to transfer the Collection and Management of the Du- ties in Great Britain on horses let for hire, and on licences relating to the same, from the Commissioners of Stamps and Taxes to the Commissioners of Excise. [28th July, 1836.] Cap. 46. An Act to continue until the Thirty-first day of December One thousand eight hundred and thirty- seven, and from thence to the end of the then next Session of Parliament, an Act of the Ninth Year of His late Majesty, for the Administration of Justice in New South Wales and Van Diemens Land, [28th /M/y, 1836.] CONTENTS. vil Cap. 47. An Act to continue until the First Day of March One thousand eight hundred and thirty-nine, and fi-om thence to the End of the then next Session of Parhament, the several Acts re- lating to Insolvent Debtors in India. [28th July, 1836.] Cap. 48. An Act to indemnify the Governors and others of the Islands of Antigua, Saint Christopher, Nevis, and Montserrat for having permitted the Importation of certain Articles Duty- free. [28th /w/y, 1836.] Cap. 49. An Act to enable the Master of the Rolls to demise Part of the Rolls Estate to the Society of Judges and Serjeants. [28th July, 1836.] Cap. 50. An Act to authorize the placing of the Horse Patrol now act- ing under the Authority of the Chief Magistrate of the Public office in Bow Street under the Authority of the Jus- tices appointed for the Metropohtan Police District. [1 3th August, iS^Q.'] .. .. .. page '^1 to 50 Cap. 51. An Act for converting the Richmond General Penitentiary into one of the Prisons for the County of the City of Dublin, and to amend the Law relating to Prisons in Irelatid. [13th August, 1836.] Cap. 52. An Act to repeal the Duties and Drawbacks of Excise on Paper printed, painted, or stained in the United Kingdom; and to reduce the Duties, Allowances, and Drawbacks on Paper, Button-board, Mill-board, Paste-board, and Scale-board, made in the United Kingdom, of the First Class ; and to discontinue the Excise Survey on the Manufacturers of cer- tain Articles made from Paper, and on Dealers in and Re- tailers of Vinegar. \\Zi\\ August, 1836.] Cap. 53. An Act for enabling His Majesty to grant Admiralty Jurisdic- tion to the Court of Judicature of Prince of Wales's Island, Singapore, and Malacca. [13th August, 1836.] Vm CONTENTS. Cap. 54. An Act to consolidate and amend the Laws relating to the Conveyance of Newspapers by the Post. [1 3th August, 1836.] page 51 to 55 Cap. 55. An Act to amend the Laws relating to Loan Societies in Ire- land. [13th August, 1836.] Cap. 5S. An Act for regulating the Process of Cessio bonorum in the Court of Session, and for extending the Jurisdiction of Sheriffs in Scotland to such Cases. [13th August, 1836.] Cap. 57. An Act for the Prevention and Punishment of Offences com- mitted by His Majesty's Subjects within certain Territories adjacent to the Colony of the Cape of Good Hope. [13th August, 1836.] Cap. 58. An Act for declaring the Law as to the Day on which it is re- quisite to present for payment to the Acceptor or Acceptors supra Protest for Honour, or to the Referees or Referee in case of Need, Bills of Exchange which had been disho- noured. [13 August, 1836.] Cap. 59. An Act to extend the Protection of Copyright in Prints and Engravings to Ireland. [13th August 1836.] Cap. 60. An Act to amend the Laws relating to the Customs. [13th August, 1836.] page 56 to 58 Cap, 61. An Act to assimilate the Law of Ireland to that of England in respect to the Liability of Owners of vessels for losses by fire. [13th ^Mt/M^?, 1836.] Cap. 62. An Act for continuing, until the First Day of June one thous- and eight hundred and thirty-eight, the several Acts for regvdating the Turnpike Roads in Great Britain which will expire with the present or the next Session of Parlia- ment. [13th August, 1836.] page 58 CONTENtS. ix Cap. 63. An Act to facilitate, until the Nineteenth day of March One thousand eight hundred and thirty seven, the Recovery of certain Arrears of Highway Rates, and Composition in lieu of Statute Duty. [13th August, 1836.] page 59 Cap. 64. An Act to explain and amend an Act passed in this present Session of Parliament for imposing certain Restrictions on the Renewal of Leases by Ecclesiastical persons. [13th August, 1836.] .. .. .. .. page 60 Cap. 65. An Act for granting Relief from the Duties of Assessed Taxes, and on Stage Carriages, in certain Cases, and to regulate the charging of the Duty payable for taking or killing Game, in Great Britain, and to provide for the Collection of certain Local Taxes in Scotland. [13th August, 1836.] page 61 to 62 Cap. 66. An Act to prevent the advertising of Foreign and other iEegal Lotteries. [13th August, 1836.] Cap. 67. An Act for suspending for One Year Appointments to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories. [13th August, 1836.] Cap. 68. An Act to continue until the Thirty-first day of December One thousand eight hundred and thirty-eight, and from thence to the End of the then next Session of Parliament, an Act of the Tenth Year of His late Majesty, for providing for the Government of His Majesty's Settlement in Western Australia, on the Western Coast of New Australia. [13th oi August, 1836.] Cap. 69. An Act to fix the Standard Qualities of Gold and Silver Plate in Scotland, and to provide for the assaying and marking thereof. [13th August, 1836.] Cap. 70. An Act to facilitate the Conveyance of Sites for School Rooms. [13th August, 1836.] page 62 to 65 X CONTENTS. Cap. 71. An Act for the Commutation of Tithes in England and Wales. llZth. August, IBZQ.'] page ^b to \0\ Cap. 72. An Act to impose countervailing Duties of Excise on Mixtures, Compounds, Preparations, and Commodities made from or with Spirits removed from Ireland to England or Scotland, or from Scotland to England, and to grant countervailing Drawbacks on the removal of the same ; to repeal the additional Duties of Excise on Licenses to Retailers of Spirits in the United Kingdom ; and to alter the laws relating to Distillers and Retailers of Spirits. [ISth^M^^MS^ 1836.] Cap. 73. An Act to continue until the First Day of July next, and from thence to the End of the then next Session of Parhament, an Act passed in the Fifth and Sixth Years of His present Majesty, relating to the dispatch of Business done by the Court of Exchequer in Scotland. [13th August, 1836.] Cap. 74. An Act to abolish certain offices connected with the Court of Chancery in Ireland, and to provide for the performance of the Duties thereof. [13th August, 1836.] Cap. 75. An Act to extend the Jurisdiction and regulate the Proceed- ings of the CivU BUI Courts in Ireland. [13th August, 1836.] Cap. 76. An Act to reduce the Duties on Newspapers, and to amend the Laws relating to the Duties on Newspapers and Adver- tisements. [13th ^M^TM^^, 1836.] .. ^fl^re 101 ^0 118 Cap. 77. An Act for carr^'ing into effect the Reports of the Commis- sioners appointed to consider the State of the Established Church in England and Wales, with reference to Eccle- siastical Duties and Revenues, so far as they relate to Epis- copal Dioceses, Revenues, and Patronage. [13th August, 1836.] .. .... .. page lis to 126 Cap. 78. An Act to enable His Majesty to make Regulations for the better defining and estubhshing the Powers and Jurisdiction CONTENTS. XI of His Majesty's Consuls in the Ottoman Dominions. [13th August, 1836.] Cap. 79. An Act for vesting Lighthouses, Lights, and Sea Marks on the Coasts of England in the Corporation of Trinity House of Deptford Stroud; and for making Provisions respecting Lighthouses, Lights, Buoys, Beacons, and Sea Marks, and the Tolls and Duties payable in respect thereof. [13th ^M^MS^ 1836.] ^apre 126 fo 128. Cap. 80. An Act to appoint additional Commissioners for executing the Acts for granting an Aid by a Land Tax and for continuing the duties on Personal Estates, Offices, and Pensions. [13th August, 1836.] Cap. 81. An Act to authorize His Majesty, until Six Months after the Commencement of the next Session of Parliament, to carry into immediate Execution, by Orders in Council, any Trea- ties, Conventions, or Stipulations made with any Foreign Power or State for the Suppression of the Slave Trade. [17th August, 1836.] Cap. 82. An Act to carry into further Execution an Act for compensa- ting Owners of Slaves upon the Abolition of Slavery, and for completing the full pajmient of such Compensation. [17th August, 1836.] Cap. 83. An Act for the Regvilation of the Offices of Vice Treasurer and Teller of the Exchequer in Ireland. [17th August, 1836.] Cap. 84. An Act to consolidate and amend the several Acts for the uni- form Valuation of Lands and Tenements in Ireland, and to incorporate certain detached Portions of Counties and Baro- nies with those Counties and Baronies respectively whereto the same may adjoin, or wherein the same are locally situate. \\1ila. August, 1836.] Cap. 85. An Act for Marriages in England. [17th August, 1836.] page 129 to 145 Cap. 86. An Act for registering Births, Deaths, and Marriages, in England. [17th August, 1836.] . . page 146 to 163 XU CONTENTS. Cap. 87. An Act for extinguishing the Secular Jurisdiction of the Arch- bishop of York and the Bishop of Ely in certain Liberties in the Counties of York, Nottingham and Cambridge. [17th August, 1836.] page 164 to 168 Cap. 88. An Act to suspend to the end of the next Session of ParKa- ment the making of Lists and the Ballots and Enrolments for the Militia of the United Kingdom. [1 7th August, 1 836.] page 169 to 170 Cap. 89. An Act to provide for the Attendance and Remuneration of Medical Witnesses at Coroners' Inquests. [17th August, 1836.] pageMOtolIZ Cap. 90. An Act to continue until the First Day of May One thousand eight hundred and thirty-seven, and from thence to the end of the then next Session of Parliament, an Act of the Fifty- fourth Year of his Majesty King George the Third, for ren- dering the payment of Creditors more equal and expeditious in Scotland, \\1th August, 1836.] Cap. 91. An Act to enable the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings to make and maintain a Road from the Church in the Parish of Sunk Island to the Town of Ottringham in the East Riding of the County of York. [17th August, 1836.] page 173 to 182 Cap 92. An Act to render valid certain Marriages solemnized in the Church of Saint Clement, Oxford. [17th August, 1836.] page 182 to 183 Cap. 93. An Act to defray the Charge of the Pay, Clothing, and con- tingent and other Expenses of the Disembodied Militia in Great Britain and Ireland; and to grant Allowances in certain cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates, and Serjeant Majors of the Militia, until the First Day of July One thousand eight hundred and thirty-seven. [19th August, 1836.] CONTENTS. XIU Cap. 94. An Act to amend an Act for enabling His Majesty to carry into effect a Convention made between His Majesty the King of the French, the Emperor of all the Russias, and the King of Bavaria. \_l 9th. August, 1836.] Cap. 95. An Act to suspend, until the Sixth Day of April One thousand eight hundred and thirty-seven, proceedings for recovering payment of the Money advanced under the Acts for esta- blishing Tithe Compositions in Ireland. [1 9th August, 1 836.] Cap. 96. An Act to regulate Parochial Assessments. [19th August, 1836.] page 184 to \S7 Cap. 97. An Act for continuing and making perpetual the Duty on certain Offices and Pensions. [19th August, 1836.] Cap. 98. An Act to apply the Sum of Four Millions out of the Conso- lidated Fund to the Service of the Year One thousand eight hundred and thirty-six, and to appropriate the suppUes granted in this Session of Parliament. [20th August, 1836.] Cap. 99. An Act to amend Two Acts passed respectively in the Third and Fourth and in the Fourth and Fifth Years of His present Majesty, for altering and amending the Laws rela- ting to the TemporaUties of the Church of Ireland. [20th August, 1836.] Cap. 100. An Act to restrain the Alienation of Corporate Property in certain Towns in Ireland. [20th August, 1836.] Cap. 101. An Act to Legalize certain Lists of Voters and of Claims and Objections for the present Year. [20th August, 1836.] page 188 to 190 Cap. 102. An Act for rendering more easy the taking the Poll at County Elections. i20th August, \S30.] .. page 190, 191. XEV CONTENTS. Cap. 103. An Act to make temporary Provision for the Boundaries of certain Boroughs. [20th August, 1836.] page 191 ifo 194 Cap. 104. An Act for the better Administration of the Borough Fund in certain Boroughs. [20th August, 1836,] page 194 to 197 Cap. 105. An Act for the better Administration of Justice in certain Boroughs. [20th August, 1836.] . . page 197 to 202 Cap. 106. An Act to make Provision for the better and more expeditious Administration of Justice in the Stannaries of Cornumll and for the enlarging the jurisdiction and improving the Practice and Proceedings in the Courts of the said Stannaries. [20th August, 1836.] Cap. 107. An Act to extend the Period for the RepajTnent of Loans made under an Act passed in the Fourth and Fifth Year of His present Majesty, for the Amendment and better Admi- nistration of the Laws relating to the Poor in England and Wales. [2Qth. August, ISZS.'] .. page '20Z to 20^ Cap. 108. An Act to amend an Act passed in the First and Second Years of His present Majesty, for the Extension and Promotion of Pubhc Works in Ireland. [20th August, 1836.] Cap. 109. An Act to repeal certain Provisions respecting the Coal Trade. [20th August, 1836.] Cap. 110. An Act to repeal so much of an Act of the Fifty-fourth Year of King George the Third, respecting Copyrights, as requires the DeUvery of a Copy of every published Book to the Libraries of Sion College, and the Four Universities of Scotland, and of the King's Inns in Dublin. [20th August, 1836.] CONTENTS. XV Cap. 111. An Act to prevent the Fact of a previous Conviction being given in Evidence to the Jury on the Case before them, except when Evidence to Character is given. [20tli August, 1836.] page 20^,205 Cap. 112. An Act for further facilitating the hearing and determining of Suits in Equity in His Majesty's Court of Exchequer at Westminster. [2bth August, 1836.] Cap. 113. An Act for raising the Sum of Fourteen millions seven thou- sand nine hundred and fifty Pounds by Exchequer Bills, for the Service of the Year One thousand eight hundred and thirty-six. [20th ^m^-ms^ 1836.] Cap. 114. An Act for enabling Persons indicted of Felony to make their Defence by Counsel or Attorney. [20th August, 1836.] page 205 to 206 Cap. 115. An Act for facilitating the Inclosure of Open and Arable Fields in England and Wales. [20th August, 1836.] "page 206 to 236 Cap. 116. An Act to consolidate and amend the Laws relating to the presentment of Public Money by Grand Juries in Ireland. [20th August, 1836.] Cap. 117. An Act to amend several Acts relating to the Harbour of Kingstown. [20th August, 1836.] THE PUBLIC GENERAL STATUTES, VI William IV. Cap. I. An Act to apply certain Sums to the Ser\dce of the Year One thousand eight hundred and thirty- six — seven. [4th March 1836.] Cap. II. An Act for raising the Sum of Fifteen Millions by Exchequer Bills, for the Service of the Year One thousand eight hundred and thirty- six — seven. [4th March 1836.] Cap. III. An Act for vesting the Officeof Constable of the Castle of Saint Briavers in the First Commissioner of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings ; and for vesting the Office of Keeper of the Forest of Dean in the County of Gloucester in the Commissioners of His Majesty's Woods^ Forests, Land Revenues, Works, and Buildings. [4th March 1836.] WHEREAS the Office of Constable of His Majesty's Castle of Saint BriaveVs in His Majesty's Forest of Dean in the county of Gloucester, and also the office of keeper of His Majesty's deer within the said forest, are now respectively vacant : And whereas there has heretofore been and now is a certain court in the hundred of Saint BriaveVs in the said county of Gloucester called ' Saint Briavel's Court,' having- jurisdiction over the whole of the said hundred in certain actions of debt and contract, and also of trespass and on the case, which said court has been held in the castle of Saint 2 6 WILLIAM IV. Cap. 3. Briavel's before a deputy appointed by the constable of the said castle, for executing the office of constable of the said castle and is distinct from the manor court and hundred " court of the said hundi'ed ; and it is expedient that the said office of constable of the castle of Sahit Briavel's should be vested in the first commissioner for the time being of His Majesty's Woods, Forests, Land Revenues, Works, and Build- ings, until provision shall be made by Parliament for abolish- ing or otherwise regulating the said office and the said court ; and it is also expedient that the office of keeper of His Majesty's deer v/ithin the said forest should be vested in the com- missioners for the time being of His Majesty's woods, forests, land revenues, works, and buildings, as hereinafter mentioned : And whereas the said several pui'poses cannot be effected without the aid and authority of Parliament : May it therefore please Your Majesty that it may be enacted ; and be it 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 office of the Authority of the same. That the said office of constable of constable of ^ jjis Majesty's castle of Saint Briavel's in His Majesty's Forest vested^n^the'^ "^ ^'^^"' ^" '^'^^ county of Gloucester shall be and the same is first com- hereby vested in the first commissioner for the time being of his missioner of Majesty's woods, forests, land revenues, works, and buildings ; woods, and from and after the passing of this Act all the duties of the forests, &c. g^j^j office shall be performed by the said first commissioner or his sufficient deputy or deputies, and for that purpose all the powers and authorities belonging or appertaining to the said office shall become and be vested in such first commissioner for the time being ; and every such first commissioner for the time being shall and he is hereby authorized, empowered, and required, by himself or his sufficient deputy or deputies, to perform all such duties, and for that purpose to use and exer- cise all such powers and authorities, and enforce the same by all such and the like ways, means, suits, and proceedings, and do and perform all such acts, matters, and things as may be necessary in that behalf, as fully and effectually to all intents and purposes as if the said first commissioner had been duly and legally appointed to the said cffice, and was, in virtue of a legal appointment, constable of the said castle of Saint Briavel's. The office of 2. And be it further enacted. That the office of keeper of keeper of His j]is Majesty's deer within the said forest, and all the powers. Majesty's deer authorities, rights, and privileges of or appertaining to the said of Dean vested office, shall be and the sam.e are vested in the commissioners in the com- for the time being of His Majesty's woods, forests, land reve- missioners of nues, works, and buildings, and the said commissioners for the woods, time being shall, and they are hereby authorized, empowered, forests, &c. ^^^ required to execute and perform all the duties of the said office of keeper, and to do and perform all such acts, matters, and things as may be necessary in that behalf, as fully and G WILLIAM IV. Cap. 4, 5, 6. effectually as any keeper of the said forest by virtue of any legal appointment might or could have done before the pass- ing of this Act. 3. And be it further enacted. That this Act may be altered, Act may be amended, or repealed in this present session of parliament. altered this Cap. IV. An Act to amend an Act of the last Session for abolish- ing Capital Punishments in Cases of Letter Stealing and Sacrilege (a). [18th March, 1836!] WHEREAS by an Act passed in the last session of Parliament, 5^5 -y^^ 4 intituled ^n Act for abolishing Capital Punishments in Cases 0/ c. 81. Letter Stealing and Sacrilege, the punishment of death was taken away in cases of letter stealing and sacrilege ; but by reason of a clerical error in copying the same a doubt may be entertained whether persons guilty of such offences are now by law liable to any punishment : Be it therefore enacted by the King's most Excellent Majesty, by and wdth the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the autho- rity of the same. That the same Act shall be read as if, instead ^^^ recited of the words " in the said Act so specified," the words " in Act shall be the said Acts so specified," had been inserted in the said Act read. of the last session ; and that all persons who may hereafter be p duly convicted of any of the offences mentioned in the said victed of of- Act of the last session shall and may be sentenced, by the fences under Court or Judge by or before whom such offenders may be the same to be tried, to transportation for life or for any term of years not pun'shed at less than seven, or to be imprisoned for any term not exceed- ^^^q judge ing three years, with or without hard labour, and for any period of sohtary confinement during such irapi-isonment, at the discretion of such Court or Judge. Cap. V An Act for carrying into further Execution Two Acts of His present Majesty, relating to the Compensation for Slaves upon the Abolition of Slavery, and for facilitating the Distribution and Payment of such Compensation. [18th March 1836.] Cap. VL An Act for carrying into effect a Treaty made between His Majesty and the Queen Regent of Spain for the Abolition of the Slave Trade. [30th March 1836.] (a) See Burn's Justice tit. " Post OpncE." B '2 4 6 WILLIAM IV. Cap. 7, 8, 9, 10. Cap. VIT. An Act to indemnify such Persons in the United King- dom as have omitted to qualify themselves for Offices and Employments, and for extending the Time li- mited for those Purposes respectively until the Twenty-fifth day of March One thousand eight hun- dred and thirty-seven ; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks toAttornies and Solicitors to make and file the same on or before the First Day of Hilary Term One thousand eight hundred and thirty-seven ; and to allow Persons to make and file such Aflidavits, al- though the Persons whom they served shall have neglected to take out their Annual Certificates. [30th March, 1836.] Not to exempt ^- -Provided always, and be it further enacted, That nothing Justices acting contained in this Act shall extend or be construed to extend witliout legal to exempt any Justice of the Peace within Great Britain from qualification, ^^le penalties to which he is subject for acting as such without being possessed of the qualification required by the laws now in force. Cap. VIII. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quar- ters («). [22d April, 1836.] Cap. IX. An Act for the Regulation of His Majesty's Royal Marine Forces while on Shore {b). [22d April, 1836.] Cap. X. An Act to indemnify Witnesses who may give Evidence before the Lords Spiritual and Temporal on a Rill to exclude the Borough of Stafford from sending Bur- gesses to serve in Parliament. [19th 3Iay 1836.] (a) This Act is the same except as to dates as 5 W. 4. c. 5. See p. 2 of this Work for the Session of 1835. [h) This Act is the same except as to dates as 5 W. 4. c. 7. See p. 33, of this V/ork for the Session of 1 835. 6 WILLIAM IV. Cap. 11.? 5 Cap. XL An Act for the Registration of Aliens, and to Repeal an Act passed in the Seventh Year of the Reign of His late Majesty for that Purpose (a). [19th iJfffy 1836.] WHEREAS in the seventh year of the reign of His late 7G. 4. c.54. Majesty an Act was passed, intituled An Act for the Regis- tration of Aliens : And whereas it is expedient that the said Act should he repealed, and that provisions in respect of Aliens should be made in lieu of the regulations therein con- tained : 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 Parlia- repealed, ment assembled, and by the Authority of the same. That the said Act shall be and is hereby repealed. 2. And be it further enacted. That the master of every ves- Masters of sel which after the commencement of this Act shall arrive in y^ssels arriv- this realm from foreign parts shall immediately on his arrival J."^ .™"^ declare in writing to the chief officer of the customs at the toVe^dare^ ' port of arrival whether there is, to the best of his knowledge, what aliens any alien on board his vessel, and whether any alien hath, to ^^^ on board his knowledge, landed therefrom at any place within this °^ ^^^^ landed realm, and shall in his said declaration specify the number of vessels aliens (if any) on board his vessel, or who have, to his know- ledge, landed therefrom, and their names, rank, occupation, and description, as far as he shall be informed thereof ; and if the master of any such vessel shall refuse or neglect to make Penalty for such declaration, or shall wilfully make a false declaration, he omission of shall for every such offence forfeit the sum of twenty pounds, declaration. and the further sum of ten pounds for each alien who shall have been on board at the time of the arrival of such vessel, or who shall have, to his knowledge, landed therefrom within this realm, whom such master shall wilfully have refused or ne- glected to declare ; and in case such master shall neglect or refuse forthwith to pay such penalty, it shall be lawful for any officer of the customs, and he is hereby required, to detain such vessel until the same shall be paid : Provided always, that t^°fo "ei^n^"*^ nothing hereinbefore contained shall extend to any mariner mariners actually employed in the navigation of such vessel during the navigating time that such mariner shall remain so actually employed. the vessel. 3. And be it further enacted. That every alien who shall after Alien on the commencement of this Act arrive in any part of the United arrival from Kingdom from foreign parts shall immediately after such arri- ^'^'"^^^ to val present and show to the chief officer of the customs at the n^me de- port of debarkation, for his inspection, any passport which mav scription, &c. be in his or her possession, and declare in writing to such and produce chief officer, or verbally make to him a declaration, to be by *^'^ passport, him reduced into writing, of the day and place of his or her in) See Burn's Justice, tit. "Aliens." « WILLIAM IV. Cap. 1L Oflficer of cvistoms to register the declaration, and deliver a certificate to the aUen. Officer of customs to transmit de- claration, &c. to secretary of state. Certificate of alien de- parting the realm to be transmitted to secretary of state. New certifi- cates to be issued in lieu of such as are lost. landing, and of his or her name, and shall also declare to what country he or she belongs and is subject, and the country and place frona whence he or she shall then have come ; which declaration shall be made in, or reduced into such form as shall be approved by one of His Majesty's Principal Secretaries of State ; and if any such alien coming into this realm shall neglect or refuse to present and show anv passport which may be in his or her possession, or if he or she shall neglect or refuse to make such declaration, he or she shall forfeit the sum of two pounds. 4. And be it further enacted. That the officer of the customs to whom such passport shall be shown and declaration made shall immediately register such declaration in a book to be kept by him for that purpose (in which book certificates shall be printed in blank, and counterparts thereof, in such form as shall be approved by one of His Majesty's principal secretaries of state), and shall insert therein the several particulars by this Act required in proper columns, in both parts thereof, and shall deliver one part thereof to the alien who shall have made such declaration. 5. And be it further enacted, That the chief officer of the customs in every port shall within two days transmit a true copy of the declaration of every inaster of a vessel, and a true copy of every such certificate, if in Great Britain, to one of His Majesty's principal secretaries of state, and if such alien shall have arrived, from any foreign country, in Ireland, he shall transmit a true copy of such declaration and of such certificate to the chief secretary for Irelajid. 6. And be it further enacted. That any alien about to depart from this realm shall before his or her embarkation deliver any certificate which he or she shall have i-eceived under the provi- sions of this Act to the chief officer of the customs at the port of departure, who shall insert therein that such alien hath departed this realm, and shall forthwith transmit the same to one of His Majesty's principal secretaries of state, or to the chief secretary for Ireland, as the case may be, in like manner as herein-before is directed in respect to the certificate given to an alien on his or her arrival in this realm. 7. And be it further enacted. That if any certificate issued to any alien by virtue of this Act shall be lost, mislaid, or de- stroyed, and such alien shall produce to one of His Majesty's justices of the peace proof thereof, and shall make it appear to the satisfaction of such justice that he or she hath duly con- formed with this Act, it shall be lawful for such justice and he is hereby required to testify the same under his hand, and such alien shall thereupon be entitled to receive from one of His Majesty's principal secretaries of state, or from the chief secretary for Ireland, as the case may be, a fresh certificate, which shall be of the like force and effect as the certificate so lost, mislaid, or destroyed. 6 WILLIAM IV. Cap. 11. 7 8. And be it further enacted, That all certificates hereinbe- Certificate lo fore required to be given shall be given without fee or reward t)e granted whatsoever ; and every person who shall take any fee or reward ^^''^"O"'^ '^'^• of any alien or other person, for any certificate, or any other matter or thing done under this Act, shall forfeit for every such offence the sum of twenty pounds ; and every officer of the Penalty, customs who shall refuse or neglect to make such entiy as aforesaid, or grant any certificate thereon, in pursuance of the provisions of this Act, or shall knowingly make any false entry, or neglect to transmit the co])y thereof, or to transmit any declaration of the master of a vessel, or any declaration of departure, in manner directed by this Act, shall forfeit for every such ofience the sum of twenty pounds. 9. And be it further enacted. That if any person shall wil- Penalty for fuUy make or transmit any false declaration, or shall wilfully ?i^'"° ^^J', forge, counterfeit, or alter, or cause to be forged, counterfeited, or altered, or shaU utter, knowing the same to be forged, coun- terfeited, or altered, any declaration or certificate hereby di- rected, or shall obtain any such certificate under any other name or description than the true name and description of the alien intended to be named and described, without disclosing to the person granting such certificate the true name and description of such alien, or shall falsely pretend to be^he person intended to be named and described in any such certificate, every per- son so offending shall, upon conviction thereof before two jus- tices, either forfeit any sum not exceeding one hundred pounds, or be imprisoned for any time not exceeding three calendar months, at the discretion of such justices. 10. And be it further enacted, that all offences against this Prosecution of Act shall be prosecuted within six calendar months after the ° ^"'^^s- offence committed ; and all such offences shall be prosecuted before two or more justices of the peace of the place where the offence shall be committed, who are required, in default of payment of any pecuniary penalty, to commit the offender to the common gaol for any time not exceeding one calendar month, unless the penalty shall be sooner paid, where such ])enalty shall not exceed the sum of twenty pounds, and forth- with to report to one of His Majesty's principal secretaries of state, or to chief secretary for Ireland as the case may require, the conviction of every offender under this Act, and the punish- ment to which he is adjudged ; and no writ of certiorari or of advocation or suspension shall be allowed to remove the pro- ceedings of any justices touching the cases aforesaid, or to supersede or suspend execution or other proceeding there- upon. 11. Provided always, and be it further enacted. That nothing Not to affect in this Act contained shall affect any foreign ambassador or f'^^'^^'S'^ other public minister duly authorized, nor any domestic ser- their servants- vant of any such foreign ambassador or public minister, regis- tered as such according to law, or being actually attendant upon r-uch ambassador or minister ; nor any alien who shall nor aliens have been continually residing within this realm fur three who have been 8 6 WILLIAM IV. Cap. 12. resident tliree years, and obtained certificate thereof; nor aliens under four- teen years of age. Commence- ment of Act. Act may be altered this session. years next before the passing of this Act, or who shall here- after at any time complete such residence of three years, and who shall have obtained from one of His Majesty's principal secretaries of state, or from the chief secretary for Ireland, a certificate thereof ; nor any alien, in respect of any act done or omitted to be done, who shall be under the age of fourteen years at the time when such act was so done or omitted to be done : Provided always, that if any question shall arise whether any person alleged to be an alien, and to be subject to the provi- sions of this act, is an alien or not, or is or is not subject to the said provisions or any of them, the proof that such person is, or by law is to be deemed to be, a natural-born subject of His Majesty, or a denizen of this kingdom, or a naturalized subject, or that such person, if an alien, is not subject to the provisions of this Act or any of them, by reason of any excep- tion contained in this Act or otherwise, shall lie on the per- son so alleged to be an alien and to be subject to the provi- sions of this Act. 12. And be it further enacted, That this Act shall com- mence and take effect from and after the first day of Jidy in the present year. 13. And be it further enacted. That tliis Act may be amended, altered, or repealed by any Act to be passed in this present session of parliament. Cap. XII. An Act for amending an Act of the Ninth Year of the Reign of His late Majesty King George the Fovirth, intituled An Act for the better Regulation of Di- tisions in the several Counties of England and Wales («). [20th May, 1836.] 9 G. 4. c. 43. WHEREAS by an Act passed in the ninth year of His late Majesty King George the Fourth, intituled An Act for the bet- ter Regulation of Divisions in the several Counties q/" England and Wales, it is amongst other things enacted, that such Divisions, when severally constituted in the manner directed by the said Act, shall be subject to no alteration or revision for the several terms of twenty-one and ten years respec- tively, and until further order of sessions after the expira- tion of such terms of twenty-one years and ten years respec- tively : And whereas it may be expedient that such Divisions should have the same limits as Unions of Parishes formed under the Act of the fourth and fifth years of His present Majesty, intituled An Act for the Amendment and better Admi- nistration of the Laws relating to the Poor in England and Wales ; and for this and other reasons it may be expedient to 4 & 5 W. 4 c. 76. {a) See Burn's Justice, tit. " County.' 6 WILLIAM IV. Cap. 13 & 14. 9 alter such divisions within shorter periods of time than are now fixed by the herein recited Act : 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 Com- mons, in this present Parliament assembled, and by the autho- rity of the same. That it shall be lawful for the Justices of the Justices at Peace for any county, riding, or division having a separate Quarter Ses- commission of the peace, in any court of Quarter Sessions, to sions may alter ,, J . 1. J- • • • ii J V i divisions after alter and revise such divisions m the manner and according to ^[^j.gg j.^ the forms required by the said herein recited Act, on the fromtheconsti- expiration of three years from the constituting thereof, any tuting thereof, thing in such Act contained to the contrary notwithstanding. 2. And be it further enacted, That it shall be lawful for the New divisions Justices as aforesaid at such Quarter Sessions to make any may be consti- order constituting any new division, upon due proof before ^^^ed if five them made in open Court on oath, that at the time of making j-ggifjgjj^ qj. the same there ai'e at the least five Justices of the Peace actin"- therein, residing or usually acting within the boundary line proposed to be the limit of any such new division, but not otherwise. 3. And be it further enacted. That all matters and things Forms, &c. to by the said herein recited Act required to be done by and with be similar to regard to the Clerk of the Peace shall be done by and with those in 9 G. 4. regard to that officer with respect to the new divisions to be formed by virtue of this Act. 4. Provided always, and be it further enacted. That every Reservation such order shall be made subject to such power of petitioning of Right of against the same as is given by the said herein recited Act Appeal, with respect to any order made by virtue thereof, 5. And be it further enacted, That no order to be made nor Proceedings any proceedings to be had or taken in pursuance of this Act not to be shall be quashed or vacated for want of form, or to be re- Quashed for moved by certiorari, or any other writ or process whatever, into any of his Majesty's Courts of Record at Westminster ; any law or statute to the contrary notwithstanding. 6. And be it further enacted. That nothing in this Act con- -^^^ j.^ extend tained shall extend or be construed or taken to extend to the to Middlesex, county of Middlesex in England, or to Scotland or to Ireland. Scotland, or Ireland. Cap. XIII. An Act to consolidate the Laws relating to the Con- stabulary Force in Ireland. [20th May 1836.] Cap. XIV. An Act to amend the Laws relating to Bankrupts in Ireland. [20th May 1836] 10 6 WILLIAM IV. Cap. 15. Cap. XV. An Act to amend an Act of the Fourth and Fifth Years of His present Majesty, in order to enable certain Seamen belonging to Shetland or Orkney to pay certain Sums of Money, payable under that Act to the Seaman's Fund, at Lerwick in Shetland or Kirkwall in Orkney (a). [7th June^ 1836.] 4 & 5 W. 4. WHEREAS an Act was passed in the fourth and fifth years ^- ^^* of the reign of His present Majesty, intituled An Act to amend an Act of the Twentieth Year of His Majesty Kinc/ George tlie Second, for the Relief and Support of sick, maimed, and disabled Seamen, and the Widows and Children of such as shall be killed, slain, or drowned in the Merchant Service, and for other Pur- poses : And whereas the said recited Act enacts that all and every the masters, commanders, or owners of all merchant ships or other private ships or vessels whatsoever, by the said Act made liable to the payment of the said duties of two shil- lings per month and one shilling per month, shall pay all such monies as shall from time to time be due from them and every of them respectively for or on account of the said duties to the collectors or receivers appointed in pursuance of the said Act, or of an Act of the twentieth vear of his late Majesty King George the Second, at whatever port in the United Kingdom of Great Britain and Ireland any such ship or vessel should report or discharge her cargo : And whereas it is usua.1 and customary for ships or vessels belonging to and discharg- ing their cargoes at many of the ports in the said United Kingdom of Great Britain and Ireland to leave their respective ports of outfit without engaging the whole number of seamen and other persons necessary to be employed for the completion of their respective voyages, and for the masters, commanders, or owners of the said ships or vessels to fill up and complete their crews by hiring and taking on board seamen and other per- sons for the service of the said ships or vessels at the port of Lerivick in Shetland, or at the port of Kirkwall and its depen- dencies, in the said United Kingdom of Great Britain and Irelaiid, and for the said last-mentioned seamen and other persons to be re-landed and discharged at the said port of Lerwick and its dependencies, or at the port of Kirkwall and its dependencies, where they had been hired and taken on board, when the said ships or vessels shall be on their return to their respective ports of outfit : And whereas it is expedient that the monies required by the said recited Act to be de- ducted and detained out of the wages, shares, or other profits payable or accruing to such seamen and other persons so hired and taken on board and relanded and discharged at the said port of Lerwick in Shetland, (or at the said port of Kirk- wall in Orkney,) should be paid to the collectors or receivers (a) Sec Burn's Justice, lit. " Seamen." 6 WILLIAM IV. Cap. L5. 11 or trustees appointed at the said port of Lerwick in Shetland, or at the said port of Kirkwall in Orkney, as the case may be, and not to the collectors or receivers or trustees at the port where the said ships or vessels shall report or discharge their cargoes : 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 Parlia- ment assembled, and by the authority of the same. That from Deductions, and after the first day of January one thousand eight hundred authorized and thirty-seven all Monies deducted and detained, in pur- by recited suance of the said recited Act, out of the wages, shares, or the'wao-es of other profits payable or accruing to such seamen and other seamen of, persons as shall be hired and taken on board at the port of the ports of Lerwick and its dependencies, or at the port of Kirkwall and Lerwick and its dependencies, and again relanded and discharged at the ug 1,^;^ ^q same, shall be paid, and the masters, commanders, or owners collectors at of all merchant or other ships by the said recited Act made those ports, liable to the said duties of two shilhngs per month and one shilling per month are hereby required to pay all such monies so deducted and detained out of the wages, shares, or other profits payable or accruing to such seamen and other persons as shall be hired and taken on board at the port of Lerwick in Shetland, or at the port of Kirkwall and its dependencies, and again relanded and discharged at the same, to the collectors or receivers or trustees appointed in pursuance of the said re- cited Act, or the said Act of the twentieth year of His late Majesty King George the Second, at whichever of the said ports of Lerwick or Kirkivall the said seamen or other per- sons shall have been so hired and taken on board, and again relanded and discharged as aforesaid ; and if any master, commander, or owner shall not pay over the said duties as hereby directed, he shall be liable, and the ship or vessel of which he is the master, commander, or owner shall be liable, to all the penalties and liabilities to which he or it is respectively liable by the said recited Act of the fourth and fifth year of the reign of His present Majestv, if he neglect to pay over the said duties according to the provisions of the said recited Act : Provided always, that everv such master, com- mander, or owner, having paid such monies or duties so by this Act directed and required to be paid as aforesaid, shall not be required tu make any payment on account of such monies or duties at any port at which the said ship or vessel shall report or discharge its cargo, nor shall the master, commander, or owner be exposed to any penalties, nor the said ship or vessel be in any way delayed or impeded by the officers of His Majesty's Customs, nor by any other person, on account of such nonpay- ment at any other port than as aforesaid ; provided such master, commander, or owner produces before the collector or receiver for the ])ort at which such ship or vessel shall report or discharge her cargo a certificate of the payment herein- before mentioned, signed by the collector or receiver of the 12 . 6 WILLIAM IV. Cap. 15. port of Lerwick in Shetland, or of the port of Kirkwall in Ork- ney and its dependencies, as the case may be. Masters of 2. And be it further enacted, That every master, corn- merchant mander, or owner of any such merchant ship or other vessel abstracts ™^ ^ ^^^° ^^'^^^^ ^^^V ^ muster roll as required to be kept by the said from their recited Act shall make abstracts from the said muster roll, in muster rolls one of which he shall insert the christian and surnames of all of names, &c. seamen and other persons taken on board and intended to be of seamen relanded and discharged at the port of Lerwick and its de- Lerwick'and pendencies, and in the other of which he shall make a similar Kirkwall, and entry of all seamen and other persons taken on board and in- give a dupli- tended to be relanded and discharged at the port of Kirkwall cate thereof to and its dependencies, and that the said abstracts shall respec- *t th° d""^^ tively contain all the particulars respecting the said seamen pQj.^g_ and other persons which are required to be contained in the said muster roll by the said recited Act ; and that a duplicate of the said abstract of Lerwick seamen shall, if required, be signed by the said master, commander, or other person having the care of the said ship or vessel, and shall be delivered to the collectors or receivers of the said duties so appointed as aforesaid at Lerwick in Shetland ; and that a similar duplicate of the said abstract of Kirkwall seamen shall, if required, be signed as aforesaid, and be delivered to the collectors and re- ceivers appointed as aforesaid at Kirkwall in Orkney : Pro- vided always, that such collector or receiver at Lertvick or Kirkwall, as the case may be, shall forthwith, on the receipt of such monies or duties and of the said duplicate, if required as aforesaid, from such master, commander, or otlier person liaving the care of the said ship or vessel as aforesaid, grant a certificate to such master, commander, or other person as aforesaid, stating that such monies or duties have been duly paid according to the provisions of this Act ; and in case any such master, commander, or other person shall neglect to make such abstract, or shall neglect or refuse to deliver such duplicate as aforesaid, every such person shall forfeit and pay for every such refusal or omission, the sum of five pounds of the lawful money of Great Britain. As to payment 3. And whereas it sometimes occurs that such seamen and of said d'educ- other persons so taken on board, and intended to be relanded tions when ^nd discharged at the aforesaid ports of Lerwick or Kirkwall seamencannot ^^.^ pj-gyented by weather or otherwise from being relanded at Lerwick or ^^^ ^^^^ ports where they had been so hired and taken on Kirkwall. board as aforesaid, and are carried forward to some other port in the United Kingdom of Great Britain and Ireland : And whereas it is expedient that they should not on that account lose the benefits intended to be conferred upon them by this Act ; be it therefore enacted. That in case any such seamen or other persons so taken on board and intended to be relanded and discharged at the said ports of Lerwick or Kirkwall shall, by stress of weather or otherwise, be carried forward to any other port in the United Kingdom of Great Britain and Ireland, 6 WILLIAM IV. Cap. 16, 17. 13 the master, commander, or other person having the care of such ship or vessel shall in such case pay over such duties so detained out of the wages or other profits of such seamen and other persons so taken on hoard as aforesaid at Lerwick or Kirkwall to the collectors or receivers of the port where the said ship or vessel shall report or discharge her cargo : Pro- vided always, that it shall be lawful for the collectors, re- ceivers, or trustees appointed in pursuance of the said recited Act, or of an Act of the twentieth year of his late Majesty King George the Second, at Lerwick or Kirkwall i-espectively, to demand from the collectors, receivers, or trustees appointed at any such port of discharge each and every such sum of money so deducted from the wages of the aforesaid seamen and other persons, and paid over as hereby directed ; and the collectors, receivers, or trustees at all such ports of discharge are hereby required to pay over, on demand, all such monies, to the collectors, receivers, or trustees, at Lerwick, or Kirkwall, as the case may be. 4. And be it further enacted. That the said seamen and Such seamen other persons so taken on board and relanded and discharged, entitled to all or intended to be relanded and discharged as aforesaid, at the *^^ ^"^^i^ i^l port of Lerwick and its dependencies, or at the port of Kirk- wall and its dependencies, shall be entitled to all the profits and advantages of the said recited Act, as fully and completely as if they should have served during the same number of months in a merchant ship or other private ship or vessel belonging to the port of Lerwick and its dependencies, or to the port of Kirkwall and its dependencies, as the case may be, and discharging her cargo at the same. 5. And be it enacted, That this Act shall be deemed and This Act to be taken to be part of the said recited Act, as fully and effectually deemed part of as if the same had been incorporated therewith. recited Act. Cap. XVI. An Act to revive and continue in force, until the First Day of August One thousand eight hundred and forty, an Act of the Legislature oi Jamaica to explain and amend an Act for the Abolition of Slavery in that Island, and in aid of the same. [7th June 1836.] Cap. XVII. An Act to make Provision for the better Administra- tion of Justice in certain of His Majesty's JVest India Colonies. [7th June 1836,] M 6 WILLIAM IV. Cap. 18, 19. Cap. XVIII. An Act to apply the Sum of Eight Million.s, out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty-six. [7th June 1836.] Cap. XIX. An Act for separating the Palatine Jurisdiction of the County Palatine of Durham from the Bishoprick of Durham. [21st June 1836 ] The Palatine BE it enacted by the King's most Excellent Majesty, by and Jurisdiction of with the Advice and Consent of the Lords Spiritual and Tem- the Bishop of pgral, and Commons, in this present Parliament assembled, ^„^ f „. and by the Authoritv of the same. That from and after the separated nom •' r i'- a i t-i- t c -n, i <■ i • the bishoprick commencement of tms Act the Bishop or Durham lor the tmie and vested in being shall have and exercise episcopal and ecclesiastical juris- the Crown. diction only ; and that from and after the commencement of this Act the palatine jurisdiction, power, and authority hereto- fore vested in and belonging to the bishop of Durham shall be separated from the bishoprick of Durham, and shall be trans- ferred to and vested in His Majesty, His Heirs and Successors, as a franchise and royalty separate from the Crown, and shall be exercised and enjoved by His Majesty, His Heirs and Suc- cessors (as a separate franchise and royalty) in as large and ample a manner in all respects as the same has been here- tofore exercised and enjoyed by the bishop of Durham ; and that all forfeitures of lands or goods for treason or otherwise, and all mines of gold and silver, treasure trove, deodands, escheats, fines, and amerciaments, and all jura regalia of what nature or kind soever, which if this Act had not passed, would or might belong to the bishop of Durham for the time being, in right of the county palatine of Durham, shall be vested in and belong to His Majesty and His Successors in right of the same : Provided always, that nothing herein-before contained shall prejudice or affect the jurisdiction of any of the courts of the said county palatine, or any appointment heretofore made to any office in the said county palatine, or any Act whatsoever heretofore done by the bishop of Durham in right of the said county palatine. Couuty Court 2. And be it further enacted. That fi-om and after the com- to cease. mencement of this Act all the power, authority and jurisdic- tion of the court, called " The court of the county of Durham," and of the clerk of the court of the county of Durham as judge of the same court or otherwise, shall cease and determine ; subject nevertheless and without prejudice to any proceedings then depending in such court, as to which the authority and jurisdiction of the said court and of the present clerk of the 6 WILLIAM IV. Cap. 19. 15 said court shall continue in full force and effect, notwithstand- ing the passing of this Act ; and in'case of the death or removal from office of the present clerk of the said court whilst any such proceedings as aforesaid shall be still depending therein, the under sheriff of the said county shall and may, for the pur- pose of anv such proceedings, act as judge of the said court, and exercise the same power, authority, and jurisdiction as the present clerk of the said court might have exercised if still living and continuing in office : Provided always, that after the commencement of this Act the sheriff for the time being of the said countv palatine shall and may have and exercise the same power of holding a county court, and the same jurisdiction therein, as is usually had and exercised by sheriffs of other counties in England. 3. And be it further enacted and declared. That after the Gustos Rotu- passing of this Act it shall be lawful for His Majesty and His lo™m to be Successors to appoint a Gustos Rotulonim of the said county ^PP°'" ^ • of Durham, and from time to time to appoint to that office on every future vacancy thereof. 4. And whereas it is expedient that due provision shall be Compensation made for the compensation of any person or persons deprived j^g-ij-^g^^bv the of his or their office or offices in the county of Durham, for the provisions of losses he or they may sustain by the abolition of his or their the Act. office or offices, or reduction of his or their fees, by virtue or in consequence of this Act ; be it therefore enacted. That from and after the commencement of this Act there shall be issued, paid, and payable, out of and charged upon the consolidated fund of the United Kingdom of Great Britain and Ireland, to the person or the several persons appointed before the twenty- fifth day of March one thousand eight hundred and thirty-six to any office or offices in the county of Durham which shall be abolished or affected by virtue of this Act, free and clear of all taxes and deductions whatsoever, such sums of money, at such times, by way of annuity or otherwise, as, having regard to the manner of his or their appointment to such office or offices, and the term and duration thereof, and all the circum- stances of the case, shall be adjudged and determined to be due to such person or persons respectively by any commission to be appointed by His Majesty, or by virtue of any Act of Parliament, for the pui-pose of determining the amount of the compensation that ought to be due and payable in such cases ; and that in the meantime and until compensation shall be awarded and determined in manner aforesaid, or the time shall have elapsed that may be appointed for claiming the same, it .shall be lawful for the commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland, or any three of them, to issue their warrants for the payment to such person or persons as aforesaid, out of the said consolidated fund, of such half-yearly or quarterly allowances as to the said commissioners shall seem reasonable, both as to the amount and times of payment, on account of such compensation as may thereafter be awarded to the said parties respectively. 16 6 WILLIAM IV. Cap. 19. Restrictions 5. Provided always?, and be it further enacted, That no per- as to Coinpen- gon shall be entitled to receive any such compensation or allowance a.s aforesaid who shall not previously make a full and true statement to the said commissioners of His Majesty's Treasury, to be verified on oath before a judge, or master or master extraordinary in chancery, if they shall think fit so to direct, of the amount of the salary, fees, and emoluments of such office, and of the disbursements and outgoings of the game, for the space of ten years before the passing of this Act; and that such compensation or allowance shall cease altogether or be reduced in amount, as the case may be, whenever the party entitled to receive the same shall be placed in any other public office of which the salary and emoluments shall be equal to the whole or to part of such compensation or allowance, so that in the last-mentioned case no person shall be entitled to receive more of such compensation or allowance than shall be equal to the difference between the full amount thereof and the amount of the salary and emoluments of the office in which he may be hereafter placed. Reservation of 6. Provided always, and be it further enacted. That nothing patent fees to in this Act contained shall affect the right of any person hold- patentees, jjjg ^ patent of any office whether abolished by this Act or not, to receive any fee or stipend granted by such patent out of the revenues of the bishoprick of Durham ; and that such revenues shall continue and be subject to all the same fees and stipends in respect of any office in the said county of Durham as the same have been heretofore subject to. Extent of the 7. And be it further enacted. That in the interpretation of words the clauses and provisions herein-befoi'e contained the words " County of " County of Durham" shall comprise and mean the county of iir am, Durham and Sadberge, including the detached parts of Craik- shire, Bedlingtonshire, Norhamshire, Allertonshirc, and Island- shire, and all other places heretofore within the jurisdiction of the bishop of Durham in right of the said county palatine. P 8. And be it further enacted. That this Act shall, as to all ment of Act. the foregoing matters not otherwise provided for, commence and take effect upon and from the fifth day of July in this pre- sent year, and shall, as to all the matters herein-after provided for, commence and take effect from the passing thereof. Reservation ©f 9. Provided always, and be it further enacted. That nothing rights to the herein-before contained shall have the effect of severing or bishoprick. separating from the said bishoprick, or of affecting the rights and powers of the said bishop in, over, or upon or wath respect to any lordships, manors, houses, lands, tenements, tithes, rents, coUeries, mines, minerals, rectories, advowsons, profits, or emoluments of any kind or description whatsoever, whether held in right of the said bishoprick or in right of the said county palatine, or otherwise howsoever, other than and except only any profits and emoluments herein-before expressly men- tioned and directed to be severed therefrom. 6 WILLIAM IV. Cap. 20. 17 10. And be it further enacted. That from and after the pass- The Bishop to ing of this Act the bishop of Durham elect, or bishop of Dur- take and hold ham for the time being-, shall take and hold the said bishoprick, ^" JJ^'^t to . . luture pro- and all the property, patronage, and rights belonging thereto, visions. except as herein-before provided, subject to and under any pro- visions which shall be made by or under the authority of Par- liament with respect to the said bishoprick within the space of three years next after the passing of this Act ; any law, sta- tute, or canon to the contraiy notwithstanding. Cap XX. An Act for imposing certain Restrictions on the Renev/al of Leases by Ecclesiastical Persons. [21st ./?me 1836.] WHEREAS it is expedient that such provision as is herein- after contained should be made respecting- the granting of ecclesiastical leases : Be it enacted by the King's most excel- lent 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 Restrictions on after the passing of this Act no archbishop or bishop, ecclesi- ecclesiastical astical corporation sole or aggregate, dignitary, canon, or persons grant- prebendary, or other spiritual person, nor any master or guar- '"^ leases, dian 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 sur- viving 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 per- son, 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, ecclesias- tical corporation sole or aggregate, dignitary, canon, preben- dary, 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 18 • 6 WILLIAM IV. Cap. 20. Recitals of any new lease, by way of renewal of the sanne or (in the lease to be ta- c^se of archbishops or bishops) concurrently therewith, until of fact^^*^ ^"*^^ 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 re- newal of the same or otherwise, for any life or lives ; any law, statute, or custom to the contrary notwithstanding. 2. And be it further enacted. That whenever any arch- bishop, bishop, ecclesiastical corporation sole or aggregate, dignitary, canon, prebendaiy, 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, dignitary, 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 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 aforesaid, be deemed and taken to be conclusive evidence of the truth of the matter so recited or stated. Penalty on 3. And be it further enacted. That if any person shall persons intro- execute any such lease, or any counterpart thereof, knowing ducing recitals g^^h recital or statement, or any part thereof, to be false, or knowine the shall wilfully introduce or cause to be introduced, or aid or same to be assist in introducing, any such recital or statement into any false. such lease knowing the same or anv part thereof to be false, or shall prepare or ingross, or cause to be prepared or in- grossed, any lease or counterj^art 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 eveiy person so offending shall, in addition to any punish- ment 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. Ecclesiastical 4^ Provided nevertheless, and be it enacted. That in cases !!,-^n«- />orforl where it shall be certified in manner herein-after mentioned gianx ceriain i-,- , -tiii leases con- that for ten years now last past it hath been the usual prac- formable to tice (such practice having in the case of a corporation sole usual practice, commenced prior to the time of the person for the time being representing such corporation) to renew such leases 6 WILLIAM IV. Cap. 20. 19 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, digni- tary, canon, prebendary, spiritual person, master, or guar- dian 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 arch- bishop 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 arch- bishop 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 arch- bishop, 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. 5. Provided also, and be it enacted. That nothing herein Not to prevent contained shall prevent any archbishop, bishop, ecclesias- ecclesiastical tical corporation sole or aggregate, dignitary, canon, pre- Persons effect- bendary, spiritual person, master, or guardian from exchang- lender 'certahi ing any life or lives in being, for which any lease shall conditions, 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 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 certi- fv'ing 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. 6. Provided also, and be it enacted. That nothing in this Not to prevent Act contained shall prevent any grants or renewals of leases grants under which may have been authorized by Acts of Parliament ^ ^. ° ^arlia- specially relating to the particular estates demised by such ' leases. 7. Provided also, and be it enacted. That nothing in this nor for same Act contained shall prevent a lease from being granted, with term as preced- a view to confirm any title or otherwise, for the life or lives '"S leases. of the same person or persons or for the lives or life of the sur\'ivors 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. c 2 20 Act not to render valid illegal leases. Leases con- trary to this Act void. Act not to extend to Ireland. Act may be altered this session. 6 WILLIAM IV. Cap. 21, 22, 23, 24. 8. Provided also, and be it enacted, That no lease not authorized by the laws and statutes novf in force shall be rendered valid by any thing in this Act contained. 9. 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 shaU 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. 10. And be it further enacted. That noticing in this Act contained shall be deemed or taken to extend to Ireland. 11. And be it further enacted. That this Act may be altered or amended by any Act during this present Session of Parliament. Cap. XXI. An Act to provide that Persons in Scotland accused of Letter Stealing shall not he entitled to^ Liberation on Bail unless in certain Cases. [21st J^Mwe, 1836.] Cap. XXII. An Act to enable Bastards in Scotland to make Testa- ments. [21st June, 18136.] Cap. 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 Ire- land, [21st June, 1836.] Cap. XXIV. An Act to render valid certain Marriages solemnized in a Chapel of Ease, in the Parish of IFandsivorth in the County of Surrey, called St. Anns Chapel. [21st June, 1836.] WHEREAS Saint Ann's chapel in the parish of Wandsworth in the county of Surrey and diocese of Winchester, is a chapel G WILLIAM IV. Cap. 24. 21 of ease to the parish church of Wandstvorth aforesaid, and hath been duly consecrated for the performance of divine service, but no authority hath ever been given by the bishop of the said diocese for the publication of Banns and the solem- nization of marriages in the said chapel : and whereas divers marriages have been solemnized in the said chapel by the officiating minister for the time being of the parish church of Wandsworth aforesaid, and by the officiating minister for the time being of the said chapel, and other clergymen, under the erroneous conception that according to the terms of the sen- tence of consecration of the said chapel, or otherwise, mar- riages might be lawfully solemnized therein ; and entries of the several mar«iages so solemnized as aforesaid have been from time to time made in the register book of the said parish, in compliance with the provisions of an Act of Parliament passed in the fourth year of the reign of King George the Fourth, intituled An Act for amending the Laws resjyecting the 4 G. 4, c. 76. Solemnization of Marriages in England, except that in each such entry it hath been expressly stated that the man'iage was solemnized in the said chapel : And whereas it is expe- dient to remove all doubts arising from the circumstances aforesaid touching the validity of the marriages so solemnized in the said chapel as aforesaid : Be it therefore enacted bv the King's most Excellent Majesty, by arid 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 all marriages solemnized in the said chapel called Saint Ann's chapel by the officiating minister for the Marriages time being of the said parish church of Wandsworth, and by already so- the officiating minister for the time being of the said chapel, l^'^'"^^'^ ^^ or by any other clergymen respectively being ministers of the chapel church of England, shall be as good and valid in the law to Wandsworth, all intents and purposes whatsoever as if the same had been declared to be solemnized in the parish church of Wandsworth aforesaid. valid. 2. And be it further enacted, That the minister or minis- Ministers so- ters who solemnized such marriages respectively as aforesaid l'^"inizing such shall not be liable to any ecclesiastical censures, or to any j^^^ ^^ "^^g liable' other proceedings or penalties whatsoever, by reason of his to penalties. or their having so as aforesaid solemnized the same respec- tively. 3. And be it further enacted. That the registers of the Registers to marriages so solemnized as aforesaid, or copies of such regis- be evidence, ters, shall be received in all courts of law and equity as evidence of such marriages respectively, in the same manner as the same would have been receivable in evidence in case the said marriages respectively had been solemnized in the parish church of Wandsworth aforesaid, and the fact of the same marriages having been solemnized in the said parish church had been stated in the registers relating to such mar- riages respectively. 4. Provided alwavs, and be it further enacted. That nothing This Act not 22 6 & 7 WILLIAM IV. Cap. 25, 26, 27, 28, 29, 30. to autliorize in this Act contained shall extend to authorize the publicatiow future mar- of banns or the solemnization of marriages in the said chapel cS:"^'^ hereafter. Cap. XXV. An Act for granting an additional Rate of Postage on Letters between Great Britain and Ireland, by way of Milford and Waterford. [21st June, 1836.] Cap. XXVI. An Act for granting to his Majesty, until the Fiftli Day of July One thousand eight hundred and thirty- seven, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty-six. [4th July, 1836.] Cap. XXVII. An Act for investing in Government Securities further Portions of the Cash lying imemployed in the Bank of England belonging to Bankrupts' Estates. [4th July, 1836.] Cap. XXVIII. An Act to enable Persons to make Deposits of Stock or Exchequer Bills in lieu of giving Security by Bond to the Postmaster General, and Commissioners of Land Revenue, Customs, Excise, Stamps, and Taxes. [4th July, 1836.] Cap. XXIX. An Act for improving the Police in the District of Dublin Metropolis. [4th July, 1836.] Cap. XXX. An Act to repeal so much of Two Acts of the Ninth and Tenth Years of King George the Fourth as directs the Period of the Execution and the Prison Discipline of Persons convicted of the Crime of Murder. [14th July, 1836.] 6 & 7 WILLIAM IV. Cap. 30. 23 WHEREAS by an Act passed in the ninth year of the Reign of His late Majesty, King George the Fourth, intituled An Act /or consolidating and amending the Statutes in England 9 G. 4, c. 31. relative to offences against the Person, it was amongst other things enacted. That every person convicted of murder should be executed according to law on the day next but one after that on which the sentence should be passed, unless the same should happen to be Sunday, and in that case on the Monday following, and that sentence should be pronounced imme- diately after the conviction of every murderer, unless the Court should see reasonable cause for postponing the same, and such sentence should express, not only the usual judg- ment of death, but also the time thereby appointed for the execution thereof; and it was by the said Act provided, that after such sentence should have been pronounced it should be lawful for the Court or Judge to stay the execution thereof, if such Court or Judge should so think fit ; and whereas it was by the said Act, amongst other things, further provided, that every person convicted of murder should after judgment be fed with bread and water only, and with no other food or liquor, except in case of receiving the Sacrament, or in case of any sickness or wound, in which case the surgeon of the ■prison might order other necessaries to be administered ; and that no person but the gaoler and his servants, and the chap- lain and surgeon of the prison, should have access to any such convict without the permission in writing of the Court or Judge before whom such convict should have been tried, or of the sheriff or his deputy ; and it was by the said Act further provided, that in case the Court or Judge should think fit to respite the execution of such convict, such Court or Judge might, by a license in writing, relax during the period of the respite all or any of the restraints or regulations therein-before directed to be observed : and whereas by another Act passed in the Tenth Year of the same Reign, intituled An Act for consolidating and amending the Statutes in Ireland 10 G, 4, c. 34. relating to Offences against the Person, the like provisions were made with respect to persons convicted of murder in Ireland: and whereas, for the ends of justice, and especially more effec- tually to preserve from an irrevocable punishment any persons who may hereafter be convicted upon erroneous or perjured evidence, it is expedient to alter and amend the said recited Acts in these respects ; be it therefore enacted by the King's most Excellent Majesty, by and and with the advice and con- sent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That so much of the said Acts of the Ninth and Recited Acts Tenth Years respectively of the Reign of His late Majesty i" part re- King George the Fourth as is herein-before recited shall be P^^^^^- and the same is hereby repealed. 2. And be it further enacted. That from and after the As to the pro- passing of this Act sentence of death may be pronounced after spnrjj|"f gj 24 6 & 7 WILLIAM IV. Cap. 31, 32. Death for Mur- convictions for marder in the same manner, and the Judge ^^- shall have the same power in all respects as after convictions for other capital offences. Cap. XXXI. An Act to amend an Act of His late Majesty King George tlic Second, for the Encouragement of building of Chapels of Ease in Ireland. [1 4th July, 1836.] Cap. XXXII. An Act for the Regulation of Benefit Building So- cieties. [14th July, 1836.] WHEREAS certain societies commonly called Building Socie- ties have been established in different parts of the kingdom principally amongst the industrious classes, for the purpose of raising by small periodical subscriptions a fund to assist the members thereof in obtaining a small freehold or leasehold property, and it is expedient to afford encouragement and protection to such societies and the property obtained there- with : 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 Par- liament assembled, and by the authority of the same. That it Societies may shall and may be lawful for any number of persons in Great be established Britain and Ireland to form themselves into and establish societies for the purpose of raising, by the monthly or other subscriptions of the several members of such societies, shares not exceeding the value of one hundred and fifty pounds for each share, such subscriptions not to exceed in the whole twenty shillings per month for each share, a stock or fund for the purpose of enabling each member thereof to receive out of the funds of such society the amount or value of his or her share or shares therein, to erect or purchase one or more dwelling house or dwelling houses, or other real or leasehold estate to be secured by way of mortgage to such society until the amount or value of his or her shares shall have been fully repaid to such society with the interest thereon, and all fines or other payments incurred in respect thereof, and to and for the several members of each society from time to time to assemble together, and to make, ordain, and constitute such proper and wholesome rules and regulations for the government and guidance of the same as to the major part of the members of such society so assembled together shall seem meet, so as such rules shall not be repugnant to the express provisions of this Act and to the general laws of the realm, and to impose for the pur- chase or erec- tion of dwell- ing houses. 6 & 7 WILLIAM IV. Cap. 32. 25 and inflict such reasonable fines, penalties, and forfeitures upon the several members of any such society who shall ofi'end against any such rules, as the members may think fit, to be respectively paid to such uses for the benefit of such society as such society by such rules shall direct, and also from time to time to alter and amend such rules as occasion shall require, or annul or repeal the same, and to make new rules in lieu thereof, under such restrictions as are in this Act contained ; provided that no member shall receive or be entitled to receive from the funds of such society any interest or dividend, by way of annual or other periodical profit upon any shares in such society, until the amount or value of his or her share shall have been realized, except on the withdrawal of such member, according to the mles of such society then in force. 2. And be it enacted. That it shall and may be lawful to Bonus, &c. not and for any such society to have and receive from any mem- to be usurious. ber or members thereof any sum or sums of money, by way of bonus on any share or shares, for the privilege of receiving the same in advance prior to the same being realized, and also any interest for the share or shares so received or any part thereof, without being subject or liable on account thereof to any of the forfeitures or penalties imposed by any Act or Acts of Parliament relating to usury. 3. And be it further enacted. That it shall and may Rules may be be lawful to and for any such society, in and by the rules made to pro- thereof, to describe the form or forms of conveyance, mort- ^"^^ forms of gage, transfer, agreement, bond, or other instrument which ^ "^ jance, may be necessary for cariying the purposes of the said societv into execution ; and which shall be specified and set forth in a schedule to be annexed to the rules of such society, and duly certified and deposited as herein-after provided. 4. And be it further enacted. That all the provisions of a Provisions of certain Act made and passed in the tenth year of the reign of friendly society His late Majesty King George the Fourth, intituled An Act Acts of 10 G. to consolidate and amend the Laws relating to Friendly Societies, ^ ^' ^^-^^ and also the provisions of a certain other Act made and 4q extended passed in the fourth and fifth years of the reign of His pre- to this Act. sent Majesty King William the Fourtli, intituled An Act to amend an Act of the Tenth Year of His late Majesty King George the Fourth, to consolidate and amend the Laws relating to Friendly Societies, so far as the same, or any part thereof, may be applicable to the purpose of any Benefit Building Society, and to the framing, certifying, enrolling, and alter- ing the rules thereof, shall extend and apply to such Benefit Building Society and the rules thereof, in such and the same manner as if the provisions of the said Acts had been herein expressly re-enacted. 5. And be it further enacted. That it shall be lawful for the Receipt en- trustees named in any mortgage made on behalf of such dorsed on societies, or the survivor or survivors of them, or for the mortgage to 26 6 & 7 WILLIAM IV. Cap. 33, 34. be sufficient discharge with- out reconvey- ance. Not to autho- rize invest- ment of funds in savings bank. Benefit of Act to extend to all societies esta- blished prior to June, 1836. Exemption from stamp duties. Public Act. trustees for the time being, to endorse upon any mortgage or further charge given by any member of such society to the trustees thereof for monies advanced by such society to any member thereof, a receipt for all monies intended to be secured by such mortgage or further charge, which shall be sufficient to vacate the same, and vest the estate of and in the property comprised in such security, in the person or persons for the time being entitled to the equity of redemption, without it being necessary for the trustees of any such society to give any reconvevance of the property so mortgaged, which receipt shall be specified in a schedule to be annexed to the rules of such society, duly certified and deposited as aforesaid. 6. Provided always, and be it further enacted. That nothing herein contained shall authorize any Benefit Building Society to invest its funds, or any part thereof, in any savings bank, or with the Commissioners for the Reduction of the National Debt. 7. And be it further enacted. That all Building Societies estabUshed prior to the first day of June one thousand eight hundred and thirty-six shall be entitled to the protection and benefits of this Act, on their present rules being duly certified and deposited as directed by the said recited Acts ; and no such society shall be entitled to the benefits of this Act until their rules shall have been so certified and deposited ; and that no such society shall be required to alter in any manner the rules under which they are now respectively governed. 8. And be it further enacted. That no rules of any such society, or any copy thereof, nor any transfer of any share or shares in any such societv, shall be subject or liable to or charged with any stamp duty or duties whatsoever. 9. And be it further enacted. That this Act shall be deemed a Public Act, and shall extend to Great Britain, Ireland, and Berivick-vpon-Tweed, and be judicially taken notice of as such by all judges, justices, and other persons whatsoever, without the same being specially shown or pleaded. Cap. XXXIIT. An Act to amend and regulate the Law of Scotland as to Erasures in Instruments of Sasine and of Resignation ad remauentiam. [14th July, 1836.] Cap. XXXIV. An Act to amend an Act passed in the Seventh and Eighth Years of the Reign of His Majesty King George the Fourth for the better Administration of Justice at the holding of Petty Sessions by Justices of the Peace in Ireland. [14th July, 1836.] 6 & 7 WILLIAM IV. Cap. 35, 36, 37. 27 Cap. XXXV. An Act for further improving the Road between Lon- don and Holyhead, by Coventry^ Birmingham, and Shrewsbury. [14th July, 1836.] Cap. XXXVI. An Act to amend an Act passed in the present Session of Parliament, for consolidating the Laws relating to the Constabulary Force in Ireland. [28th July, 1836.] Cap. XXXVII. An Act to repeal the several Acts now in force relating to Bread to be sold out of the City of London and the Liberties thereof, and beyond the Weekly Bills of Mortality and Ten Miles of the Royal Exchange ; and to provide other Regulations for the Making and Sale of Bread, and for preventing the Adultera- tion of Meal, Flour, and Bread, beyond the Limits aforesaid, (a) [28th July, 1836.] WHEREAS by an Act passed in the Third Year of the Reign of His late Majesty King George the Fourth, intituled An Act to repeal the Acts now in force relating to Bread to he sold in the City of London and the Liberties thereof, and within the Weekly Bills of Mortality and Ten Miles of the Royal Exchange, 3 G. 4, c. 106. and to jjrovide other Regulations for the Making and Sale of Bread, and preventing the adulteration of Meal, Flour and Bread, within the Limits aforesaid, certain regulations and provisions were made relative to the making and selling of bread, and for preventing the adulteration of meal, flour, and bread, within the aforesaid limits, which have been found beneficial to the public as well as to the bakers within the said limits : and whereas it is deemed expedient that the several Acts of Parliament now in force relating to the making and selling of bread, or to the assize and price thereof, or to the adulteration of meal, flour, or bread, beyond the limits afore- said, should be altogether repealed, and that in lieu thereof the regulations, provisions, and penalties hereinafter con- tained, and which are similar to those contained in the said recited Act of the Third Year of the Reign of His said late Majesty, King George the Fourth, should be substituted : but All acts relat- inasmuch as the purposes aforesaid cannot be eff'ected without ing to the the aid and authority of Parliament ; be it therefore enacted "taking and by the King's most Excellent Majesty, by and with the advice Krelrf or to («) See Burn's Justice, tit. " Bread." 28 6 & 7 WILLIAM IV. Cap. 37.. the punish- ment for adul- terating meal, &c out of the City of Lon- don and be- yond the bills of mortality, repealed. Bread made of the articles herein men- tioned may be sold. Bakers to make bread of any weight or size. Bread to be sold by weight, and in no other manner. Penalty. Proviso for French and fancy bread and rolls. Bakers to use avoirdupois ■weight. and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the autho- rity of the same. That from and after the First Day of October One thousand eight hundred and thirty-six all and every Acts or Act of Parliament now in force relating to the making and selling of bread, or to the assize and price thereof, or to the punishment of persons who shall adulterate meal, flour, or bread, or who shall sell bread deficient in its due weight, out of the City of London and the liberties thereof, and beyond the Weekly Bills of Mortality and ten miles of the Roijal Ex- change, be and the same are hereby repealed ; and there shall be no longer any assize of bread beyond the limits aforesaid, or any regulation respecting the price thereof. 2. And be it enacted. That it shall and may be lawful for the several bakers or sellers of bread out of the City of Lon- don and the liberties thereof, and beyond the W^eekly Bills of Mortality and ten miles of the Royal Exchange, to make and sell, or offer for sale, in his, her, or their shop, or to deliver to his, her, or their customer or customers, bread made of flour or meal, of wheat, barley, rye, oats, buck wheat, Indian corn, peas, beans, rice, or potatoes, or any of them, and with any common salt, pure water, eggs, milk, barm, leaven, pota- toe or other yeast, and mixed in such proportions as they shall think fit, and with no other ingredient or matter what- soever, subject to the regulations hereinafter contained. 3. And be it enacted, That it shall and may be lawful for the several bakers or sellers of bread beyond the limits afore- said to make and sell, or offer for sale, in his, her, or their shop, or to deliver to his, her, or their customer or customers, bread made of such weight or size as such bakers or sellers of bread shall think fit ; any law or usage to the contrary not- withstanding. 4. And be it enacted, Tliat from and after the commence- ment of this Act all bread sold beyond the limits aforesaid shall be sold by the several bakers or sellers of bread respec- tively beyond the said limits by weight; and in case any baker or seller of bread beyond the limits aforesaid shall sell or cause to be sold bread in any other manner than by weight, then and in such case every such baker or seller of bread shall for every such offence forfeit and pay any sum not exceeding forty shillings, which the magistrate or magistrates, justice or justices before whom such offender or oftenders shall be con- victed shall order and direct : provided always, that nothing in this Act contained shall extend or be construed to extend to prevent or hinder any such baker or seller of bread from selling bread usually sold under the denomination of French or fancy bread or rolls without previously weighing the same. 5. And be it enacted, That the several bakers or sellers of bread respectively beyond the said limits in the sale of bread shall use avoirdupois weight of sixteen ounces to the pound, according to the standard in the Exchequer, and the several 6 & 7 WILLIAM IV. Cap. 37. 29 gradations of the same for any less quantity than a pound ; Penalty for and in case any such baker or seller of bread shall at any using any time use any other than the avoirdupois weight, and the °t'^^'^- several gradations of the same, he, she, or they shall for every such offence forfeit and pay any sum not exceeding five pounds nor less than forty shillings, as the magistrate or magistrates, justice or justices before vphom such conviction shall take place shall from time to time order and adjudge. 6. And be it enacted. That every baker or seller of bread Bakers to pro- beyond the limits aforesaid shall cause to be fixed in some ^i'i^ '" their conspicuous part of his, her, or their shop, on or near the ^"°P^ beaxns, SC3.1GS 3.nu. counter, a beam and scales with proper weights, or other weights, &c. sufficient balance, in order that all bread there sold may from and to weigh time to time be weighed in the presence of the purchaser or bread, &c. purchasers thereof, except as aforesaid ; and in case any such baker or seller of bread shall neglect to fix such beam and scales, or other sufficient balance, in manner aforesaid, or to provide and keep for use proper beam and scales and proper weights, or balance, or shall have or use any incorrect or false beam or scales or balance, or any false weight not being of the weight it purports to be, according to the standard in the Exchequer, then and in every such case he, she, or they shall for every such false beam and scales and balance, or false weight, forfeit and pay any sum not exceeding five pounds. Penalty, which the magistrate or magistrates, justice or justices before whom such offender or offenders shall be convicted shall order and direct. 7. And be it enacted. That every baker or seller of bread Bakers and beyond the limits aforesaid, and every journeyman, servant, or sellers of bread, other person employed by such baker or seller of bread, who ^^' delivering shall convey or carry out bread for sale in and from any cart ?J ^^'^'^'^ h' *° or other carriage, shall be provided with and shall constantly ^■,[^Y^ scaled carry in such cart or other carriage a correct beam and scales weights, &c. with proper weights, or other sufficient balance, in order that for weighing all bread sold by every such baker or seller of bread, or by his ^^^^d. or her journeyman, servant or other person, may from time to time be weighed in the presence of the purchaser or pur- chasers thereof, except as aforesaid ; and in case any such baker or seller of bread, or his or her journeyman, servant, or other person, shall at any time carry out or deliver any bread without being provided with such beam and scales with proper weights, or other sufficient balance, or whose weights shall be deficient in their due weight according to the standard in the Exchequer, or shall at any time refuse to weigh any bread pur- chased of him, her, or them, or delivered by his, her, or their journeyman, servant, or other person, in the presence of the person or persons purchasing or receiving the same, then and in every such case every such baker or seller of bread shall for every such offence forfeit and pay any sum not exceeding five Penalty. pounds, which the magistrate or magistrates, justice or justices. 30 6 & 7 WILLIAM IV. Cap. 37. Adulterating bread. Penalty. before whom such offender or offenders shall be convicted shall order and direct. 8. And be it enacted, That no baker or other person or persons who shall make bread for sale beyond the limits afore- said, nor any journeyman or other servant of any such baker or other person, shall at any time or times in the making of bread for sale beyond such limits use any mixture or ingre- dient whatsoever in the making of such bread, other than and except as herein-before mentioned, on any account or under any colour of pretence whatsoever, upon pain tlfiit feveiy such person, whether master or journeyman, servant or other per- son, who shall offend in the premises, and shall be convicted of any such offence by the oath, or in case of a Quaker by affirmation, of one or more credible witness or witnesses, or by his, her, or their own confession, shall for every such offence fox-feit and pay any sum not exceeding ten pounds nor less than five pounds, or in default thereof shall, by warrant under the hands and seals of the magistrate or magistrates, justice or justices, before whom such offender shall be con- victed, be apprehended and committed to the house of correc- tion or some prison of the city, county, borough, or place where the offence shall have been committed, or the offender or offenders shall be apprehended, there to remain for any time not exceeding six calendar months with or without hard labour from the time of such commitment, unless the penalty shall be sooner paid, as any such magistrate or magistrates. Names of justice or justices, shall think fit and order ; and it shall be law- offenders to be £^| £qj. ^Yie magistrate or magistrates, justice or justices before published. -^vhom any such offender or offenders shall be convicted to cause the offender's name, place of abode, and offence to be published in some newspaper which shall be printed or pub- lished in or near the city, county, borough, or place where the offence shall have been committed, and to defray the expense of publishing the same out of the money to be for- feited as last mentioned, in case any shall be so forfeited, paid, or recovered. 9. And be it enacted. That if any person beyond the limits aforesaid shall put into any corn, meal, or flour which shall be ground, dressed, bolted, or manufactured for sale beyond such limits, either at the time of grinding, dressing, bolting, or manufacturing the same, or at any other time, any ingre- dient or mixtm-e whatsoever not being the real and genuine Selling flour of produce of the corn or grain which shall be so ground ; or if one sort of anv person shall beyond the Umits aforesaid knowingly sell or corn as tlie offer or expose for sale, either separately or mixed, any meal flour of another ^^ g^^jj. ^f ^j^y gQj.t of corn or grain as the meal or flour of any other sort of corn or grain, or any ingredient whatsoever mixed with the meal or flour so sold or offered or exposed for sale, then and in every such case every person so offending shall, upon conviction before any one or more magistrate or magistrates, justice or justices, of the city, county, borough, Adulterating corn, meal, or flour. 5ort. 6 & 7 WILLIAM IV. Cap. 37. 31 or place where such offence shall have been committed, on the oath, or in case of a Quaker by affirmation, of one or more credible witness or witnesses, or by his, her, or their own confession, forfeit and pay for every such offence any Penalty, sum not exceeding twenty pounds nor less than five pounds, which such magistrate or magistrates, justice or justices, before whom any such offender or offenders shall be convicted shall think fit and order. 10. And be it enacted. That every person who shall make Bread made of for sale, or seizor expose for sale, beyond the limits aforesaid, '""'^^ ^^^^ or any bread made wholly or partially of peas or beans, or pota- marked with a toes, or of any sort of corn or grain other than wheat, shall Roman M. cause all such bread to be marked with a large Roman M ; and if any person shall at any time beyond the limits afore- said make or sell, or expose for sale, any such bread without such mark as hereinbefore directed, then and in every such case every person so offending shall, upon conviction in man- ner hereinafter mentioned, forfeit and pay for every pound weight of such bread, and so in proportion for any less quan- tity which shall be so made for sale, or sold or exposed for sale, without being so marked as aforesaid, any sum not ex- ceeding ten shillings, as the magistrate or magistrates, justice Penalty. or justices, before whom such conviction shall take place shall from time to time order and adjudge : provided always. Proviso, that nothing in this Act contained shall extend or be con- strued to extend to require any bread made of the meal or flour of wheat only, and in the making of which potatoe yeast shall be used, to be marked as hereinbefore is mentioned. i 1 1 . And be it enacted. That it shall be lawful for any ma- Magistrates or gistrate or magistrates, justice or justices of the peace, within P^^ce officers the limits of their respective jurisdictions, and also for any peace j-Jnts^m ^^^~ officer or officers authorized by warrant under the hand and search a ba- seal or hands and seals of any such magistrate or magistrates, ker's premises, justice or justices, (and which warrant any such magistrate or ^"d if any magistrates, justice or justices, is and are hereby empowered to ^^ulterated grant,) at seasonable times in the daytime, to enter into any g^^, j^g found house, mill, shop, stall, bakehouse, bolting house, pastry the same may warehouse, outhouse, or ground of, or belonging to any mil- be seized, and ler, mealman or baker, or other person who shall grind grain, disposed of as or dress or bolt meal or flour, or make bread for reward or ^-^^^'j men- sale, beyond the limits aforesaid, and to search or examine whether any mixture or ingredient not the genuine produce of the grain such meal or flour shall import or ought to be shall have been mixed up with or put into meal or flour in the pos- session of such miller, mealman, or baker, either in the grind- ing of any grain at the mill, or in the dressing, bolting, or manufacturing thereof, whereby the purity of any meal or flour is or shall be in anywise adulterated, or whether any mixture or ingredient other than is allowed by this Act shall have been mixed up with or put into any dough or bread in the possession of any such baker or other person, whereby 32 6 & 7 WILLIAM IV. Cap. 37. any such dough or bread is or shall be in anywise adulterated, and also to search for any mixture or ingredient which may be intended to be used in or for any such adulteration or mix- ture ; and if on any such search it shall appear that any such meal, flour, dough, or bread so found shall have been so adul- terated by the person in whose possession it shall then be, or any mixture or ingredient shall be found which shall seem to have been deposited there in order to be used in the adultera- tion of meal, flour, or bread, then and in every such case it shall be lawful for every such magistrate or magistrates, jus- tice or jvistices of the peace, or officer or officers authorized as aforesaid respectively, within the limits of their respective jurisdictions, to seize and take any meal, flour, dough, or bread which shall be found in any such search, and deemed to have been adulterated, and all ingredients and mixtures which shall be found and deemed to have been used, or intended to be used, in or for any such adulteration as aforesaid ; and such part thereof as shall be seized by any peace officer or officers authorized as aforesaid shall, with all convenient speed after seizure, be carried to the nearest resident magistrate or magistrates, justice or justices of the peace, within the limits of whose jurisdiction the same shall have been so seized ; and if any magistrate or magistrates, justice or justices, who shall make any such seizure in pursuance of this Act, or to whom anything so seized under the authority of this Act shall be brought, shall adjudge that any such meal, flour, dough, or bread so seized shall have been adulterated by any mixture or ingredient put therein other than is allowed by this Act, or shall adjudge that any ingredient or mixture so found as afore- said shall have been deposited or kept where so found for the purpose of adulterating meal, flour, or bread, then and in any case every such magistrate or magistrates, justice or justices of the peace, is and are hereby required, within the limits of their respective jurisdictions, to dispose of the same as he or they, in his or their discretion, shall from time to time think proper. Penalty if 12. And be it enacted. That every miller, mealman, or ingredients for leaker beyond the limits aforesaid, in whose house, mill, shop, meal or bread ^^^^^' bakehouse, bolting house, pastry warehouse, outhouse, are found in ground, or possession, any ingredient or mixture shall be any premises, found which shall, after due examination, be adjudged by any magistrate or magistrates, justice or justices of the peace, to have been deposited there for the purpose of being used in adulterating meal, flour, or bread, shall, on being convicted of any such offence, either by his, her, or their own confession, or by the oath, or in case of a Quaker by affirmation, of one or more credible witness or witnesses, forfeit and pay on every such conviction any sum not exceeding ten pounds nor less First offence, than forty shillings for the first offence, five pounds for the fubse 'ue^T^^* ^^'^^"'^ offence, and ten pounds for every subsequent offence, offence. °^ ^" default of payment thereof shall, by warrant under the 6 & 7 WILLIAM IV. Cap. 37. 33 hand and seal or hands and seals of the magistrate or magis- trates, justice or justices, before whom such offender shall be convicted, be apprehended and committed to the house of cor- rection or some prison of the city, county, or place where the offence shall have been committed, or the offender or offenders shall be apprehended, there to remain for any time not ex- ceeding six calendar months with or without hard labour from the time of such commitment (unless the penalty be sooner paid,) as any such magistrate or magistrates, justice or jus- tices shall think fit and order ; and it shall be lawful for the magistrate or magistrates, justice or justices, before whom Names of of- any such offender shall be convicted to cause the offender's fenders to be name, place of abode, and offence to be published in some P^o^snea. newspaper which shall be printed or published in or near the city, county, borough, or place where the offence shall have been committed, and to defray the expense of publishing the same out of the monev to be forfeited as last mentioned, in case any shall be so forfeited, paid, or recovered. 13. And be it enacted. That if any person or persons shall Obstructing wilfully obstruct or hinder any such search as hereinbefore is search, authorized to be made, or the seizure of any meal, flour, dough, or bread, or of any ingredient or mixture which shall "be found on any such search, and deemed to have been lodged with an intent to adulterate the purity or wholesome- ness of any meal, flour, dough, or bread, or shall wilfully op- pose or resist any such search being made, or the carrying away any such ingredient or mixture, as aforesaid, or any meal, flour, dough, or bread which shall be seized as being adulterated, or as not being made pursuant to this Act, he, she, or they so doing or oft'ending in any of the cases last aforesaid shall for every such oft'ence, on being- convicted thereof, forfeit and pay such sum, not exceeding ten pounds, penalty as the magistrate or magistrates, justice or justices, before whom such ofl'ender or offenders shall be convicted shall think fit and order : provided also, that if any person making or Offences occa- who shall make bread for sale beyond the limits aforesaid sioned by wil- shall at any time make complaint to any magistrate or magis- f"^' default of trates, justice or justices of the peace, within his or their juris- ''°Y"^l?ants diction, and make appear to him or them, by the oath, or in case of a Quaker by affirmation, of any credible witness, that any offence which such person shall have been charged with, and for which he or she shall have incurred and paid any penalty under this Act, shall have been occasioned by or through the wilful act, neglect, or default of any journeyman, or other servant employed by or under such person so making complaint, then and in any such case any such magistrate or magistrates, justice or justices, may and is or are hereby re- quired to issue out his or their warrant, under his or their hand and seal or respective hands and seals, for bringing any such journeyman or servant before any such magistrate or magistrates, justice or justices, or any magistrate or justice D 34 6 & 7 WILLIAM IV. Cap. 37. Proceedings. If penalty on journeymen is not paid, magistrates may order imprison- ment, &c. of the peace acting in and for the city, county, division, or place where the offender can he found ; and on any such jour- neyman or servant being thereupon apprehended and brought before any such magistrate or magistrates, justice or justices, he or they, within his or their respective jurisdictions, is and are hereby authorized and required to examine into the matter of such complaint, and on proof thereof upon oath or affirma- tion, to the satisfaction of any such magistrate or magistrates, justice or justices of the peace, who shall hear such complaint, then any such magistrate or magistrates, justice or justices, is and are hereby directed and authorized, by any order under his or their respective hand or hands, to adjudge and order what reasonable sum of money shall be paid by any such journeyman or servant to his master or mistress as or by way of recompence to him or her for the money he or she shall have paid by reason of the wilful act, neglect, or default of any such journeyman or servant ; and if any such journeyman or servant shall neglect or refuse, on his conviction, to make immediate payment of the sum of money which any such ma- gistrate or magistrates, justice or justices, shall order him to pay by reason of such his said wilful neglect or default, then any such magistrate or magistrates, justice or justices, within his or their respective jurisdiction, is or are hereby authorized and required, by warrant under his or their hand and seal or hands and seals, to cause such journeyman or servant to he apprehended and committed to the house of correction, or some other prison of the city, county, division, or place in which such journeyman or servant shall be apprehended or convicted, to be there kept to hard labour for any term not exceeding one calendar month nor less than ten days from the time of such commitment, as to such magistrate or magistrates, jus- tice or justices, shall seem reasonable, unless payment shall be made of the money ordered after such commitment and before the expiration of the said term. 14. Provided always, and be it enacted. That no master or mistress, journeyman, or other person exercising or employed in the trade or calling of a baker beyond the limits aforesaid, ^°u'h^ ^H^' °'^ shall on the Lord's Day, or on any part thereof, make or bake bake pies &c ^^y bread, rolls, or cakes of any sort or kind, or shall on any exceptbetween other part of the said day after the hour of half-past one of the clock in the afternoon sell or expose for sale, or permit or suffer to be sold or exposed for sale, any bread, rolls, or cakes of any sort or kind, or bake or deliver, or permit or suffer to be baked or delivered, any meat, pudding, pie, tart, or victuals, or in any other manner exercise the trade or calling of a baker, or be engaged or employed in the business or occupation thereof, save and except so far as may be necessary in setting and superintending the sponge to prepare the bread or dough for the following day's baking ; and every person ofiending against the last-mentioned regulations, or any one or more of them, and being thereof convicted before any justice of the Balcers not to bake bread or rolls on the certain hours. 6 & 7 WILLIAM IV. Cap. 37. 35 peace of the city, county, or place where the offence shall be committed, within six days from the commission thereof, either upon the view of such justice, or on confession by the party, or proof by one or more ^Yitness or witnesses upon oath Penalty, or affirmation, shall for every such ofience pay and undergo the forfeiture, penalty, and punishment hereinafter mentioned ; (that is to say,) for the first offence the penalty of ten shil- First offence ; lings, for the second offence the penalty of twenty shillings. Second and for the third and every subsequent offence respectively ° f "*^^ ' , the penalty of forty shillings, and shall moreover, upon every offence, such conviction, bear and pay the costs and expenses of the prosecution, such costs and expenses to be assessed, settled, and ascertained by the justice convicting, and the amount thereof, together with such part of the penalty as such justice shall think proper, to be allowed to the prosecutor or prose- cutors for loss of time in instituting and following up the prosecution, at a rate not exceeding three shillings ^^er diem, and to be paid to the prosecutor or prosecutors for his, her, or their own use and benefit, and the residue of such penalty to be paid to such justice, and within seven days after his receipt thereof to be transferred by him to some one of the overseers of the poor, or to some other officer (as the con- victing justice or justices may direct,) of the parish, township, or place in which the offence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county, riding, or division in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate ; and no inhabitant of such county, riding, or division, shall be deemed an incom- petent witness in any proceeding under this Act by reason of the application of such penalty or forfeiture to the use of the said general rate as aforesaid ; and in case the whole amount of the penalty, and of the costs and expenses aforesaid, be not forthwith paid after conviction of the offender or ofi'en- ders, such justice shall and may, by warrant under his hand and seal, direct the same to be raised and levied by distress and sale of the goods and chattels of the offender or offenders, and in default and insufficiency of such distress commit the offender or offenders to the house of correction, with or with- out hard labour, on a first offence for the space of seven days, on a second offence for the space of fourteen days, and on a third or any subsequent ofience for the space of one month, with or without hard labour, unless the whole of the penalty, costs, and expenses be sooner paid and discharged : provided Bakin^-s may nevertheless, that it shall be lawful for every baker residing be delivered beyond the limits aforesaid to deliver to his or her customers till half past on the Lord's Day any bakings until half an hour past one of °^^ °'^ ^""' the clock in the afternoon of that day, without incurring or being liable to any of the penalties in this Act contained : provided always, that the provisions of this Act, so far as they 36 6 & 7 WILLIAM IV. Cap. 37. No miller, mealman, or baker to act as a justice of the peace un- der this Act. Penalty, 100/. Opposing exe cution of the Act. Penalty. Recovery and application of penalties and forfeitures. Distress. authorize the baking and preparing bread on Sundays shall not extend to Scotland. 15. Provided always, and be it enacted. That no person who shall follow or be concerned in the business of a miller, mealman, or baker shall be capable of acting or shall be allowed to act as a justice of the peace under this Act, or in putting in execution any of the powers in or bv this Act granted ; and if any miller, mealman, or baker shall presume so to do, he or they so offending in the premises shall for every such offence forfeit and pay the sum of one hundred pounds to any person or persons who will inform or sue for the same, to be recovered, together with full costs of suit, in any of His Majesty's Courts of Record at Westminster, by action of debt, bill, plaint, or information, wherein no essoign, wager of law, or more than one imparlance shall be allowed. 16. And be it enacted. That in case any person or persons shall resist or make forcible opposition against any person or persons employed in the due execution of this Act, every such person ofiending therein shall for every such offence forfeit any sum not exceeding ten pounds, at the discretion of the magistrate or magistrates, justice or justices of the peace, before whom he or she shall be convicted of such ofl'ence. 17. And be it enacted. That all penalties, forfeitures, and fines by this Act inflicted or authorized to be imposed (the manner of levying and recovering and applying whereof is not herein otherwise directed,) shall, upon proof and conviction of the oflences respectively before any magistrate or justice of the peace for the city, county, or place where the offence shall have been committed (as the case may require,) either by the confession of the party offending, or by the oath, or in case of a Quaker on affirmation, of any credible witness or witnesses, which oath or affirmation every such magistrate or justice is in every such case hereby fully authorized to administer, be levied, together with the costs attending the information and conviction, by distress and sale of the goods and chattels of the party or parties offending, by warrant under the hand and seal of such magistrate or justice (which warrant such magis- trate or justice is hereby empowered and required to grant ;) and the overplus (if any,) after such penalties, forfeitures, and fines, and the charges of such distress and sale, are deducted, shall be returned, upon demand, unto the owner or owners of such goods and chattels ; and in case such fines, penalties, and forfeitures shall not be forthwith paid upon conviction, then it shall be lawful for such magistrate or justice to order the offender or offenders so convicted to be detained and kept in safe custody until return can be conveniently made to such warrant of distress, unless the offender or offenders shall give sufficient security to the satisfaction of such magistrate or jus- lice for his or their appearance before such magistrate or jus- tice on such day or days as shall be appointed for the return of such warrant of distress, such day or days not being more 6 & 7 WILLIAM IV. Cap. 37. 3/ than seven clays from the time of taking any such security, and which security the said magistrate or justice is hereby empowered to take by way of recognizance or otherwise ; but if upon the return of such warrant it shall appear that Imprisonment, no sufficient distress can be had thereupon, then it shall be lawful for any such magistrate or justice of the peace as afore- said, and he is hereby authorized and required, by warrant or warrants under his hand and seal, to cause such offender or offenders to be committed to the common gaol or house of correction of the city, county, or place where the offender shall be or reside, there to remain without bail or mainprize for any time not exceeding one calendar month, with or with- out hard labour, (save and except as herein otherwise directed,) unless such penalties, forfeitures, and fines, and all reasonable charges attending the same, shall be sooner paid and satisfied ; and the monies arising by such penalties, forfeitures, and fines respectively when paid or levied, if not otherwise directed to be applied by this Act, shall be from time to time paid, one moiety thereof to the informer or person suing for and recovering the same, and the other moiety to some one of the overseers of the poor, or to some other officer (as the con- victing justice or justices may direct) of the parish, township, or place in which the oftence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county, riding, or division in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate, and no inhabitant of such county, riding, or division shaU be deemed an incom- petent witness in any proceeding under this Act by reason of the application of such penalty or forfeiture to the use of the said general rate as aforesaid. 18. And be it further enacted. That every summons to be Form of sum- served on any offender against any of the provisions of this mons. Act shall be in the form or to the effect following ; ' To A. B. of ^ County of "^^ Vl/'HEREAS complaint and information ' to wit J l^^a^l-]]^ ijeen made before me C. D. one of ' His Majesty's justices of the peace [or magistrate] for the ' said county, SfC, by E. F. of that, &;c. [here ' state the nature and circumstance of the case, as far as it shall ' be necessary to show the offence, and to bring it within the ' authority of the justice or magistrate, and in doing that follow ' the words of the Act as near as may 5e.] : These are therefore * to require you personally to appear before me (or such other justice or magistrate as shall be then and there present) at ' in the said county, &;c. on the day of ' next, at the hour of in the noon, ' to answer to the said complaint and information made by the ' said E. F., who is hkewise directed to be then and there pre- • sent to make good the same. Herein fail not. Given under ' my hand this day of 38 6 8i7 WILLIAM IV. Cap. 37. Form of infor- mation. Informations to be laid be- fore acting magistrates of district. Power to sum- mon witnesses in prosecuting offences. Tender of ex- penses. Examination upon oath. 19. And be it further enacted, That every information to be laid before any justice or magistrate for any offence against this Act shall be in the form or to the effect following : ' County of "1 X|E it remembered. That on the ' to wit J day of A. B. of ' in the said county informeth me one of ' His Majesty's justices of the peace [or magistrate, as the case ' may be,'] for the said county, that of ' in the said county [here describe the offence, with the time and ' -place, and follow the words of the Act as near as may be,] con- ' trary to the Statute made in the year of the Reign ' of King William the Fourth, intituled, An Act, \set forth the ' title of this Act,] which hath imposed a forfeiture of ' for the said offence. Taken the day of ' before me, CD.' 20. Provided always, and be it enacted. That all offences committed against this Act shall be laid before the magistrate or magistrates, justice or justices, usually acting in and for the district in which the offence shall have been committed, in a summary way, upon complaint, and the said magistrate or magistrates, justice or justices, is and are hereby empowered to issue his or their summons for the purpose of hearing and determining the same. 21. And be it enacted. That if it shall be made appear by the oath or affirmation of any credible person or persons, to the satisfaction of any magistrate or magistrates, justice or justices, that any person or persons within the jurisdiction of any such magistrate or magistrates, justice or justices, is or are likely to give or offer material evidence on behalf of the prosecutor of any offender or offenders against the true intent and meaning of this Act, or on behalf of the person or persons accused, and will not voluntarily appear before such magistrate or magistrates, jus- tice or justices, to be examined, and give his, her, or their evidence concerning the premises, every such magistrate or magistrates, justice or justices, is and are hereby authorized and required to issue his or their summons to convene every such person or per- sons before any such magistrate or magistrates, justice or justices, at such seasonable time as, in such summons shall be fixed ; and if any person so summoned shall neglect or refuse to ap- pear at the time by such summons appointed, and no just excuse shall be offered for such neglect or refusal, then, after proof upon oath or affirmation of such summons having been duly served upon the party or parties so summoned, every such magistrate and magistrates, justice and justices, is and are hereby authorized and required to issue his or their warrant under his hand and seal or their hands and seals to bring every such person or persons before any such magistrate or magis- trates, justice or justices ; and on the appearance of any such person before any such magistrate or magistrates, justice or justices, every such magistrate or magistrates, justice or jus- tices, is and are hereby authorized and empowered to examine upon oath or affirmation every si;ch person ; and if any such 6 & 7 WILLIAM IV. Cap. 37. 39 person, on his or her appearance, or on being brought before Ccmraittal. ■any such magistrate or magistrates, justice or justices, shall refuse to be examined u])on oath or affirmation concerning the premises, without offering any just excuse for such refusal, any such magistrate or magistrates, justice or justices, within the limits of his or their jurisdiction, may, by warrant under his hand and seal or their hands and seals, commit any person or persons so refusing to be examined to the public prison of the city, county, division, liberty, or place in which the person or persons so refusing to be examined shall be, there to re- main for any time not exceeding fourteen days, with or with- out hard laboui% as any such magistrate or magistrates, justice or justices, shall direct. 22. And be it enacted, That if any person who shall take False evidence, any oath or m.ake any affinnation by this Act directed to be Perjury, taken or made shall wilfidly forswear himself or herself, or make any false affirmation, every such person shall be subject and liable to be prosecuted for peijury by indictment or infor- mation, according to the due course of law, and, if convicted thereof, shall be subject and liable to the pains and penalties which persons convicted of wilful and corrupt peijurv' are sub- ject and liable to. 23. And be it further enacted. That the magistrate or ma- Form of coa- gistrates, justice or justices, before whom any person shall be 'fiction, convicted in manner prescribed by this Act, shall cause every such conviction to be drawn up in the form or to the effect following ; (that is to say,) "1 TiE it remembered, That on this ' to wit. J day of in the year ' of the reign of A. B. is convicted before ' Majesty's justice of the peace for the said county of ' [or for the division of the said county of ' or for the city, liberty, or town of as the case * shall happen to be'], for ; and ' do adjudge him [or her, or them, as the case may hei] to pay * and forfeit for the same the sum of . Given ' under the day and year aforesaid.' 24. And be it enacted. That no order, judgment, or con- Proceedings viction made touching or concerning any of the matters in this not to be Act contained, or of any proceedings to be had touching the quashed tor conviction of any offender or offenders against this Act, shall be quashed for want of form, or be removed or removable by certiorari, or any other writ or process whatsoever, into any of His Majesty's Courts of Record at Westminster ; and where any distress shall be made for any sum or sums of money to be levied by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any defect or want of form in the sunimons, conviction, war- rant of distress, or any other proceeding relating thereto ; nor shall the party or parlies distraining be deemed a trespasser 40 6 & 7 WILLIAM IV. Cap. 37. Tender of amends Appeal to quarter sessions. Recognizance. Determination to be final. Costs. Appellant not paying sum adjudged against him to be committed. or trespassers ab initio on account of any irregularity which shall be afterwards committed by the party or parties distrain- ing, but the person or persons aggrieved by such irregularity shall and may recover full satisfaction for the special damage (if any) in an action on the case ; but no plaintift' or plaintiffs shall recover in any action for such irregularity as aforesaid if tender of sufficient amends hath been made by or on the behalf of the party distraining before such action brought. 25. Provided always, and be it herebv enacted. That if any person or persons convicted of any offence punishable by this Act shall think him, her, or themselves aggrieved by the judgment of the magistrate or magistrates, justice or justices, before whom he, she, or they shall have been convicted, it shall be lawful for such person or persons from time to time to appeal to the justices at the next general or general quarter sessions of the peace which shall be held for the city, county, division, liberty, town, or place where such judgment shall have been given and that the execution of such judgment shall in such case be suspended, the person or persons so convicted entering into a recognizance within twenty-four hours of the time of such conviction, with two sufficient sureties, in double the sum which such person or persons shall have been adjudged to pay or forfeit, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and deter- mination of the justices at their said next general or general quarter sessions ; which recognizance the magistrate or ma- gistrates, justice or justices, before whom such conviction shall be had, is and are hereby empowered and required to take; and the justices in the said general or general quarter sessions are hereby authorized and required to hear and finally deter- mine the matter of every such appeal, and to award such costs as to them shall appear just and reasonable to be paid by either party ; and if, upon hearing the said appeal, the judgment of the magistrate or magistrates, justice or justices, before whom the appellant or appellants shall have been convicted, shall be confirmed, such appellant or appellants shall forthwith pay down the sum he, she, or they shall have been adjudged to have forfeited, together with such costs as the said justices in their said general or general quarter sessions shall award to be paid to the prosecutor or informer for defraying the ex- penses sustained by reason of any such appeal ; and in default of the appellant's paying the same, any two justices, or any one magistrate or justice of the peace having jurisdiction in the place into which any such appellant or appellants shall escape, or where he, she, or they shall reside, shall and may, by warrant under their hands and seals or his hand and seal, commit any such appellant or appellants to the common gaol of the city, county, division, or place where he, she, or they shall be apprehended, until he, she, or they shall make pay- ment of such penalty, and of the costs and charges which shall be adjudged on the conviction ; but if the appellant or appel- 6 & 7 WILLIAM IV. Cap. 37. 41 lants in any such appeal shall make good his, her, or their Costs to appel- appeal, and be discharged of the said conviction, reasonable l^J^t making costs shall be awarded to the appellant or appellants against S°° ^^ appeal such informer or informers who would (in case of such convic- tion) iiave been entitled to a moiety of the penalty to have been recovered as aforesaid, and which costs shall and may be reco- vered by the appellant or appellants against any such informer or informers in like manner as costs given at an)^ general or general quarter sessions are recoverable : provided always, that no person shall be detained in prison for any such offence for any greater length of time than three calendar months. 26. Provided also, and be it enacted, That if any such con- where convic- viction shall happen to be made within six days before any tion within six general or general quarter sessions of the peace shall be held days of quarter for the city, county, division, town corporate, borough, or ^^^^1°"' time place where such conviction shall have been made, the party appeal. or parties who shall think him, her, or themselves aggrieved by any such conviction shall and may, on entering into a re- cognizance in manner and for the purposes before directed, be at liberty to appeal either to the then next or next following gene- ral or general quarter sessions of the peace which shall be held for any such county, division, city, town corporate, borough, liberty, or place where any such conviction shall have been made. 27. And be it enacted. That in Scotland all penalties in- As to penalties curred under the provisions of this Act or of any of the in Scotland, before recited Acts shall be recoverable, with expenses, either before the sheriff of the county or the magistrates of the burgh or town corporate wherein the same may be incurred or where the offender may reside, or before two or more justices of the peace of such county, at the instance either of the procurator fiscal, of court,'or any person who may prosecute for the same ; and the whole penalties, after deducting all charges and such remuneration to the person prosecuting as the said judges shall think fit, shall be paid to the poor of the place where such penalties shall be awarded; and it is hereby provided, that it shall be competent for the said courts respectively to proceed in a summary way, and to grant warrant for bringing the parties complained of before them, and upon proof on oath by one or more credible witnesses, or on the confession of the offender, or on other legal evidence, forthwith to give judgment on such complaint, without any written pleadings or record of evidence, and to grant warrant for the recovery of such penalties and expenses decerned for, failing payment within fourteen days after conviction, by poinding, or by im- prisonment for a period, at the discretion of the court, not exceeding sixty days, it being hereby provided that a record should be preserved of the charge and of the judgment pro- nounced. 28. And be it enacted, That in Scotland if any person or Appeal in persons shall feel themselves aggrieved by the sentence of any Scotland to 42 6 & 7 WILLIAM IV. Cap. 37. commissioners sheriff, or magistrates of burghs or towns corporate, or justices of justiciary at of t^g peace, pronounced in any case arising under this Act, it circuit cour . gj^^,]] i^g lawful for such person or persons to appeal to the commissioners of justiciary at the next circuit court, or, where there is no circuit court, to the high court of justiciary at Edinburgh, in the manner and under the rvdes, limitations, and conditions contained in an Act passed in the twentieth year of the reign of His Majesty King George the Second, intituled 20 G. 2. c. 43. An Act for taking away and abolishing Heritable Jurisdictions in Scotland, with this variation only, that such person or persons so appealing shall, in place of finding caution in the terms prescribed by the said Act, be bound to find caution to pay the penalty or penalties and expenses awarded against him or them by the sentence or sentences appealed from, in the event of the appeal or appeals being dismissed, together with any additional expenses which shall be awarded by the court in dismissing the said appeal ; and it shall not be competent to appeal from or to bring the judgment of any sheriff^ or justices of the peace acting under tins Act under review by advocation, suspension, or reduction, or in any other way than as herein provided. Limitation of 29. And be it further enacted. That every action or suit actions. which shall be brought or commenced against any magistrate or magistrates, justice or justices, or any peace officer or offi- cers, for any matter or thing done or committed by virtue of or under this Act, shall be commenced within six calendar months next after the fact committed, and not afterwards, and shall be laid or brought in the city, county, or place where the matter in dispute shall arise, and not elsewhere, and that the Statute made in the twenty-fourth year of the reign of King Part of 24 G. 2. George the Second, intituled An Act for rendering Justices of c. 44. extended ^J^g jp^ace more safe in the Execution of their Office, and for indemnifying Constables and others acting in obedience to their TVarrants, so far as the said Act relates to the rendering the justices more safe in the execution of their office, shall extend and be construed to extend to the magistrate and magistrates, justice and justices of the peace acting under the authority Service of writ or in pursuance of this Act ; and that no action or suit shall upon peace -j^g jjg^^ ^j. commenced against, nor shall any writ be sued out or copy of any writ be served upon, any peace officer or officers for anything done in the execution of this Act until seven days after a notice in writing shall have been given to or left for him or them at his or their usual place of abode, by the attor- ney for the part}^ intending to commence such action, which notice in writing shall contain the name and place of abode of the person intending to bring such action, and also of his attorney, and likewise the cause of action or complaint ; and Tender of any peace officer or officers shall be at liberty, and may by amends. virtue of this Act, at any time within seven days after any such notice shall have been given to or left for him, tender or cause to be tendered any sura or sums of money as amends 6 8i 7 WILLIAM IV. Cap. 37. 43 for the injury complained of to the party complaining or to the attorney named in such notice ; and if the same be not accepted, the defendant or defendants in any such action or actions mav plead such tender in bar of such action or actions, together with the general issue or any other plea, with leave of the court in which the action shall be commenced ; and if, upon issue joined on such tender, the jury shall find the amends tendered to have been sufficient, they shall find a verdict for the defendant or defendants ; and in every such case, or if the plaintiff shall become nonsuit or discontinue his action, or if judgment shall be given for the defendant or defendants upon demurrer," or if any action or suit shall be brought after the time limited by this Act for bringing the same, or shall be brought in any other county or place than as aforesaid, then and in every such case the jury shah, find a verdict for the de- fendant or defendants, and the defendant or defendants shall be entitled to his or their costs ; but if the jury shall find that Costs, no such tender was made, or that the amends tendered were not sufficient, or shall find against the defendant or defendants on any plea or pleas by him or them pleaded, they shall then give a verdict for the plaintiff, and such damages as they shall think proper ; and the plaintiff shall thereupon recover his costs against every such defendant or defendants. 30. And be it further enacted, That if any action or suit In actions for shall be commenced against any other person or persons than ^'^^^^ J"o ^^ ' ■ £r6nGr3,l 1SS116 a magistrate, justice, or peace officer for anything done in may be pleaded, pursuance of this Act, the defendant or defendants in any such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial to be had there- upon, and that the same was done in pursuance and by the authority of this Act ; and if it shall appear so to have been done, or if a verdict shall be recorded for the defendant or defendants, or if the plaintiff or plaintiffs shall be nonsuited or discontinue his, her, or their action after the defendant or defendants shall have appeared, or if judgment shall be given upon a verdict or demurrer against the plaintiff or plaintiffs, / the defendant or defendants in every such action shall and may recover treble costs, and have the like remedy for the Treble costs, same as any defendant or defendants hath or have in other cases by law for the recovery of his, her, or their costs. 31. Provided also, and be it further enacted. That no per- Limitation of son shall be convicted of any offence under this Act unless the information, complaint is made within fortv-eight hours after the offence shall have been committed, or within such reasonable time as to the justice or justices shall seem fit, except in cases of per- jury ; and that no person who shall be prosecuted to conviction for any offence done or committed against this Act, shall be liable to be prosecuted for the same offence under any other law. 32. And be it also enacted. That all penalties and forfeitures Application of by this Act inflicted, and the application of which is not here- penalties. 44 6 & 7 WILLIAM IV. Cap. 37. inbefore directed, shall, when recovered or paid, go and be disposed of in manner following ; (that is to say,) one moiety thereof, where any offender or offenders shall be convicted either by his, her, or their confession or by the oath or affirma- tion of one or more credible witness or witnesses, shall go and be paid to the person or persons who shall inform against and prosecute to conviction any such offender or offenders ; and the other moiety thereof (or in case there be no such person informing then the whole thereof) shall go and be paid to some one of the overseers of the poor, or to some other officer, (as the convicting justice or justices may direct,) of the parish, township, or place in which the offence shall have been com- mitted, to be by such overseer or officer paid over to the use of the general rate of the county, riding, or division in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate ; and no inhabitant of such county, riding, or division shall be deemed an incompetent witness in any proceeding under this Act by reason of the application of such penalty or forfeiture to the use of the said general rate as aforesaid. Proviso for 33. Provided always, and be it enacted. That this Act or ngh s o par- anything herein contained shall not extend or be construed to extend in any way to affect, lessen, or infringe upon any right or custom of the universities of Oxford or Cambridge or either of them, or of any lord or lords of any leets, or the rights of any clerk or clerks of the market in any place which may be exercised and enjoved by them or any of them by virtue of any charter, bye-laws, prescriptions, usages, customs, privileges, grants, or Acts of Parliament, except so far as relates to the assize of bread and the regulations of the price and weight thereof; but that all such rights and privileges shall be held, exercised, and enjoyed, by the parties respectively entitled thereto, as fully and amply to all intents and purposes as the same were held, exercised, and enjoyed, before the passing of this Act, anything herein contained to the contrary notwith- standing. Commence- 34. And be it further enacted. That this Act shall commence ment of Act. and take effect from and after the said first day of October one thousand eight hundred and thirty-six. Act not to 35. And be it enacted, That nothing in this Act contained extend to shall extend to Ireland. Ireland. 35^ j^^^ l^g j^ further enacted. That this Act may be amended this amended, altered, or repealed by any Act or Acts to be passed session. in this present Session of ParUament. 6 8i 1 WILLIAM IV. Cap. 38, 39, 40, 41, 42, 43. 45 Cap. XXXVIII. An Act to amend an Act passed in the Third and Fourth Years of the Reign of His present Majesty, intituled ^ii Act to amend the Laws relating to Excise Licences, and to the Sale of fVine, Spirits, Beer, and Cider by Retail m Ireland. [28th ^w/y, 1836.] Cap. XXXIX. An Act to continue for One Year, and from thence to the End of the then next Session of Parliament, the several Acts relating to the Importation and keeping of Arms and Gunpowder in Ireland. [28th July, 1836.] Cap. XL. An Act to continue for One Year, and from thence to the End of the then next Session of Parliament, the several Acts for regulating the Turnpike Roads in Ireland. [28th July, 1836.] Cap. XLI. An Act to abolish the Commissary Court of Edin- burgh, and to regulate the Mode of taking Proofs in Consistorial Causes in Scotland. [28th July, 1836.] Cap. XLII. An Act to grant certain Powers to Heirs of Entail in Scotland, and to authorize the Sale of Entailed Lands for the Payment of certain Debts affecting the same. [28th July, 1836.] Cap. XLIII. An Act to provide for the taking of Judicial Ratifica- cations of Scottish Deeds on Oath as heretofore. f28th July, 1836.] 46 6 & 7 WILLIAM IV. Cap. 44, 45, 46, 47, 48, 49. Cap. XLIV. An Act to continue the Laws for the Relief of Insol- vent Debtors in England until tlie First Day of June One thousand eight hundred and thirty- seven, and from thence to the End of the then next Session of Parliament. [28th July, 1836.] Cap. XLV. An Act to transfer the Collection and Management of the Duties in Great Britain on Horses let for Hire, and on Licences relating to the same, from the Commissioners of Stamps and Taxes to the Commis- sioners of Excise. [28th July, 1836.] Cap. XLVI. An Act to continue until the Thirty-first Day of December One thousand eight hundred and thirty - seven, and from thence to the end of the then next Session of Parliament, an Act of the Ninth Year of His late Majesty, for the Administration of Justice in New South Wales and Van Diemen's Land. [28th July, 1836.] Cap. XLVIL An Act to continue until the First Day of March One thousand eight hundred and thirty-nine, and from thence to the End of the then next Session of Par- liament, the several Acts relating to Insolvent Debtors in India. [28th July, 1&36.] Cap. XL VIII. An Act to indemnify the Governors and others of the Islands of Antigua, Saint Christopher, Nevis, and Montserrat for having permitted the Importation of certain Articles Duty-free. [28th July, 1836.] Cap. XLIX. An Act to enable the Master of the Rolls to demise Part of the Rolls Estate to the Society of Judges and Serjeants. [28th July, 1836.] 6 & 7 WILLIAM IV. Cap. 50. 4/ Cap. L. An Act to authorize the placing of the Horse Patrol now acting under the Authority of the Chief Magis- trate of the Public ofi&ce in Boiv Street under the Authority of the Justices appointed for the Metropo- litan Police District. [13th August, 1836.] WHEREAS it is expedient that the horse patrol now acting' under the authority of the chief magistrate of the puhUc office in Bow Sh-eet should be placed under the authority of the justices appointed by virtue of an Act passed in the Tenth Year of the reign of His late Majesty King George the Fourth, 10 G. 4, c. 44. intituled An Act for Improving the Police in and near the Me- tropolis, 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 Parlia- Horse patrol ment assembled, and by the authority of the same. That it *^ ^^ ^h'^^-fv shall be lawful for one of His Majesty's principal secretaries Qf ^.j^g justices of state to direct that such horse patrol shall be under the appointed un- authority of the said justices for the time being ; and it shall the recited be lawful for one of the said justices to administer to such -^^^* horse patrol an oath to act as constables for the preservation of the peace, and preventing robberies and other felonies, and apprehending offenders against the peace ; and the men so sworn shall, within the counties of Middlesex, Surrey, Hert- ford, Essex, and Kent, and within all liberties therein, and within the royal palaces of His Majesty, his heirs and suc- cessors, and ten mUes thereof, have all such powers, authori- ties, privileges, and advantages, and be liable to all such duties and responsibilities, as any constable duly appomted now has or hereafter may have within his constablewick by virtue of the common law of this realm, or of any statutes made or to be made, and shall obey all such lawful commands as they may from time to time receive from any of the said justices for conducting themselves in the execution of their office. 2. And be it further enacted. That it shall be lawful for His Such justices Majesty to appoint the said justices to be justices of the peace to act also in of the counties of Berks and Bucks and of all liberties therein, the counties of and for the said justices so appointed to execute the duties of ^^^.^^ a justice of the peace for the said counties of Berks and Bucks and for all liberties therein, although they may not have any such qualification by estate as is required by law in the case of any other person being justices of the peace of any county : provided always, that no such person shall act as a justice of the peace at any court of general or quarter sessions, nor in any matter out of sessions, except for the preservation of the peace, the prevention of crimes, the detection and com- mittal of offenders, and in carrying into execution the purposes of this Act. 48 6 & 7 WILLIAM IV. Cap. 50. The said jus- 3. And be it further enacted. That the said justices may tices to appoint from time to time, subject to the approbation of one of His act as^liorse ° Majesty's principal secretaries of state, appoint fit and proper patrol. persons to act as such horse patrol, and may frame such orders and regulations as they shall deem expedient relative to the general government of the said horse patrol, the places of their residence, the classification, rank, and particular service of the several members, their distribution and inspection, the description of arms, accoutrements, and other necessaries to be furnished them, and all such other orders and regulations relative to the said horse patrol as the said justices shall from time to time deem expedient ; and the said justices may at any time suspend or dismiss from his employment any man belonging to the said horse patrol whom they shall think remiss or negligent in the discharge of his duty, or otherwise unfit for the same ; and when any man shall be so dismissed or cease to belong to the said horse patrol all powers vested in him as a constable by virtue of this act shall immediately cease and determine. Penalty for 4. And be it further enacted. That if any pereon shall assaulting assault or resist any person belonging to the said horse patrol horse patrol, j^ the execution of his duty, or shall aid or incite any person so to assault or resist, every such offender, being convicted thereof before two justices of the peace, shall for every such offence forfeit and pay such sum, not exceeding five pounds, as the said justices shall think meet, and in default of imme- diate payment shall suffer imprisonment, with or without hard labour for any time not exceeding two months. 5. And be it further enacted. That if any of the said horse patrol shall be guilty of any disobedience of orders, neglect of duty, or of any misconduct as such constable, and shall be convicted thereof before two justices of the peace, he shall forfeit any sum not exceeding ten pounds, and in default of immediate payment shall suffer imprisonment, with or without hard labour, for any time not exceeding three months : provided always, that nothing herein contained shall prevent any such person from being proceeded against by way of indictment for any offence committed by him as a constable, so as that no person shall be proceeded against both by indict- ment and also under this Act for the same offence. Penalty on ^- And be it further enacted. That if any victualler, or victuallers har- keeper of any house, shop, room or other place for the sale bouring horse of any liquors, whether spirituous or otherwise, shall knowingly patrol. harbour or entertain any man belonging to the said horse patrol, or permit such man to abide or remain in his house, .shop, room, or other place during any part of the time appointed for his being on duty, every such victualler or keeper as aforesaid, being convicted thereof before any two justices of the peace, shall for every such offence forfeit and pay such sum not exceeding five pounds, as they shall think meet. Punishing horse patrol for disobe- dience of orders. 6 & 7 WILLIAM IV. Cap. 50. 49 7. And be it further enacted, That it shall be lawful for one Receiver of of His Majesty's principal secretaries of state to direct that police offices to the receiver for the time being of the police offices established P^y o^^r ^ cer- in the parishes of Saint Margaret Westminster, Saint James ^^^'^^^^^^^^^ Westminster, Saint Marylehone, Saint Andrew Holborn, Saint metropolitan Leonard Shoreditch, Saint Mary Wliitechapel, and Saint John police district of Wapping, in the county of Middlesex, and Saint Saviour in for the support the county of Surrey, to pay over, out of the monies issued to °^ ^^^ horse him out of the consolidated fund of the United Kingdom of P*"°'' Great Britain and Ireland, to the receiver of the metropolitan police district for the time being, an annual sum, not exceeding ten thousand pounds, for the support and maintenance of the said horse patrol. 8. And be it further enacted. That the said receiver of the Receiver of metropolitan police district shall pay over all monies so metropolitan received by him on account of the said horsepatrol into thehands police district of the governor and company of the Bank of England, and shall *° P^^ ^^^^ keep a separate and distinct account of such monies, and of all ^j^g Bank of sums expended by him in respect of the said horse patrol. England. 9. And be it further enacted. That all the provisions and Extending cer- enactments contained in the aforesaid Act relative to the tain powers of drawing and accounting for monies which may come into the ^^} ^^ ^■'^- *° hands of the said receiver of the metropolitan police district for the purposes of that Act, and for the auditing the accounts of the said receiver, and the powers and liabilities of the said receiver, shall be deemed and taken to extend to the said receiver, in respect to the said horse patrol, so far as the same may be applicable, as fully and entirely as if the same were herein expressed and enacted. 10. And be it further enacted. That the said receiver of the Horses, arms, metropolitan police district shall stand possessed of all the &c. of horse horses, arms, accoutrements, and other necessai'ies which have P^*™! vested been furnished, and are in the use or possession of the said '" t^'^^'oUtan horse patrol, and make all such contracts or disbursements as police, shall be necessary for renting any land or buildings, or for erecting, fitting up, furnishing, or repairing any buildings for the purposes of this Act, in such manner as one of His Majesty's principal secretaries of state shall direct ; and of all lands and buildings so to be rented, and of the fixtures and furniture thereof, and of all goods and chattels whatsoever to be from time to time held or purchased for the purposes of this Act, the property acquired therein shall be vested in the said receiver for the time being : and the said receiver may, by the directions of such principal secretary of state, sell, assign, or dispose of the whole or any part of such projjerty as aforesaid, and shall execute all such lawful matters for carrying this Act into execution as such principal secretary of state shall from time to time direct. 11. And 1)e it further enacted. That the said receiver of the The said re- metropolitan police district, out of the monies so received by ceivcr to pay him on account of the said horse patrol, shall from time to ^'^S^s of horse 50 6 & 7 WILLIAM IV. Cap. 50. patrol, and expenses con- nected there- with. Provisions of recited Act relative to punishment of offenders extended to this Act. Horse patrol not to be allowed to vote, or otherwise interfere in elections, ex- cept in dis- charge of their official duties. Act may be altered. time pay to the horse patrol such salaries, wages, and allow- ances, and at such periods, as one of His Majesty's principal secretaries of state shall direct, and also any extraordinary expenses which they shall appear to have necessarily incurred in apprehending offenders, and executing the orders of either of the justices, such expenses being first examined and approved by one of the said justices ; and the receiver shall likewise pay any further sums which such principal secretary of state shall direct to be paid to any of the persons belonging to the said horse patrol, as a reward for extraordinary diligence or exertion, or as a compensation for wounds or severe injuries received in the performance of their duty, or as an allowance to such of them as shall be disabled by bodily injury re- ceived, or shall be worn out by length of service, and he shall also pay all other charges and expenses which such prin- cipal secretary of state shall direct to be paid for carrying this Act into execution. 12. And be it further enacted. That all the provisions con- tained in the hereinbefore mentioned Act for the punishment of offences and recovery and application of penalties shall be deemed and taken to extend to any offence committed against this Act, so far as the same may be applicable, as fully and entirely as if the same were herein expressed and enacted. 13. And be it enacted, That no person who after the passing of this Act may be appointed to the said horse patrol shall, during the time that he shall continue a member thereof, or within six calendar months after he shall have quitted the same, be capable of giving his vote for the election of a mem- ber to serve in Parliament for the counties of Middlesex, Sur- rey, Hertford, Essex, or Kent, or for any city or borough within the metropolitan police district, nor shall, by word, message, writing, or in any other manner, endeavour to persuade any elector to give or dissuade any elector from giving his vote for the choice of any person to be a member to sei-ve in Parliament for any such county, city, or borough ; and if any such person belonging to the said horse patrol shall offend therein he shall forfeit the sum of one hundred pounds, to be recovered by any person who will sue for the same by action of debt to be commenced within six calendar months after the commission of the offence ; and one moiety of the sum so recovered shall be paid to the informer, and the other moiety thereof to the receiver for the metropolitan police district, to be by him added to and applied as part of the funds for the purposes of the said horse patrol : provided always, that nothing in this enactment contained shall subject any such person belonging to the said horse patrol to any penalty for any act done by him at or concerning any of the said elections in the discharge of his official duty. 14. And be it further enacted. That this Act may be amended, altered, or repealed by any Act to be passed in the present session of Parliament. 6 & 7 WILLIAM IV. Cap. 51, 52, 53, 54. 51 Cap. LI. An Act for convertins^ the Richmond General Peni- tentiary into one of the Prisons for the County of the City of Duhlin, and to amend the Law relating to Prisons in Ireland. [13th August, 1836.] Cap. LIL Ax Act to repeal the Duties and Drawbacks of Excise on Paper printed, painted, or stained in the United Kingdom ; and to reduce the Duties, Allowances, and Drawbacks on Paper, Button-board, Mill-board, Paste-board, and Scale-board, made in the United Kingdom, of the First Class; and to discontinue the Excise Survey on the Manufacturers of certain Ar- ticles made from Paper, and on Dealers in and Retailers of Vinegar. [13th August, 1836.] Cap. LIII. An Act for enabling His Majesty to grant Admiralty Jurisdiction to the Court of Judicature of Prince of Wales's Island, Singapore, and Malacca. [13th August, 1836.1 Cap. LIV. An Act to consolidate and amend the Laws relating to the Conveyance of Newspapers by the Post. («) []3th August, 1836.] WHEREAS the laws now in force relating to the convevance of newspapers by the post are contained in various Acts of Parliament passed in a series of years, and it is expedient that the same should be consolidated and amended : be it there- fore enacted by the King's most excellent Majesty, bv and with the advice and consent of the Lords Spiritual and Tem- poral, and Commons, in this present Parliament assembled, and by the authority of the same. That so much of an Act Repeal of so passed in the fourth year of the reign of King George the much of the Third, intituled An Act for preventing Frauds and Abuses in ^^^^ ^ ^- ^' relation to the sending and receiving of Letters and Packets free '^' ,Tc' ' from the Duty of Postage ; and of an Act passed in the ninth year of the reign of King George the Third, intituled An Act for discontinuing upon the Exportation of Iron imported in Foreign (a) See Burn's Justice, tit. " Post Office," and 5 & 6 Will. IV. c. 25, in this Work of last session, page 86. b2 52 6 & 7 WILLIAM IV. Cap. 54. Ships the Drawback of such Part of the Duties payable thereon as exceeds the Duties pat/able upon Iron imported in British Ships ; to prohibit the Exportation of Pig and Bar Iron and certain Naval Stoi-es, unless the Pre-emption thereof be offered to the Com- missioners of the Navy ; to repeal so much of an Act made in the Sixth Year of His present Majesty's Reign as discontinued the Drawback upon Foreign rough Hemp exported ; for providing a Compensation to the Clerks in the Office of the Principal Secretaries of State for the Advantages such Clerks enjoyed before the Com- mencement of an Act made in the Fourth Year of the Reign of His present Majesty , for preventing Frauds and Abuses in relation to the sending and receiving Letters and Packets free from the Duty of Postage, and to explain and amend the said Act; and of an 24 G. 3. c. 6. Act passed in the twenty-fourth year of the rei^ of King George the Third, intituled An Act for establishing certain Regu- lations concerning the Postage and Conveyance of Letters and Pack- ets by the Post betiveen Great Britain and Ireland ; and of an Act 35 G. 3. c. 53- passed in the thirty-fifth year of the reign of King George the Third, iiitituled An Act for further regulating the Sending and Receiving Letters Free from the Duty of Postage ; for allowing Non-commissioned Officers, Seamen, and private Men in the Navy and Army whilst on Service to send and receive Letters at a low Rate of Postage ; and for permitting Patterns and Samples of Goods to be transmitted by the Post at an easier Rate than is 42 G. 3. c. 63. now allowed by Law ; and of an Act passed in the forty-second year of the reign of King George the Third, intituled An Act to authorize the Sending and Receiving of Letters and Packets, Votes, Proceedings in Parliament, and printed Newspapers by the Post free from the Duty of Postage by the Members of the Two Houses in Parliament of the United Kingdom, and by cer- tain Public OfUcers therein named, and for reducing the Postage on such Votes, Proceedings, and Newspapers when sent by any 45 G. 3. c. 11. other Persons ; and of an Act passed in the forty-fifth year of the reign of King George the Third, intituled An Act for granting certain additional Rates and Duties in Great Britain on the Conveyance of Letters ; and of an Act passed in the 59G. 3.C. 111. fifty-ninth year of King George the Third, intituled An Act to repeal so much of an Act passed in the Fifty-fifth Year of His present Majesty as relates to the Postage and Conveyance of Letters to and from the Cape of Good Hope, Ceylon, the Mau- ritius, and the East Indies, and to make other Regtilations respecting the Postage of such Letters and Packets, and other Letters and Packets sent by the Post ; and of an Act passed 6 G. 4. c. 68. in the sixth year of the reign of His late Majesty King George the Fourth, intituled An Act to regulate the Conveyance of printed Votes and Proceedings in Parliament, and printed News- papers, by Packet Boats between Great Britain and Ireland and the British Colonies, and also in the United Kingdom ; and of 7&8G.4.C.21. an Act passed in the seventh and eighth years of the reign of King George the Fourth, intituled An Act to amend the Laws relating to the Duties of Postage in Great Britain and Ireland ; 6 & 7 WILLIAM IV. Cap. 54. 53 and of an Act passed in the fourth and fifth years of the reign 4 & 5 w. ^^V "^ dignity, of any tithes or of any rent- charge for which such mutation for tithes shall have been commuted, any quantity not exceeding tithes, &c. in the whole twenty imperial acres of land by way of com- mutation for the whole or an equivalent part of the great or small tithes of the parish, or in discharge of or exchange for the whole or an equivalent part of any rent-charge agreed to be paid instead of such tithes, but subject in every case to the provisions herein-after contained ; and eveiy such agree- ment shaU be made in such form and contain such particulars as the commissioners shall in that behalf direct, specifying the land whereof the tithes or rent-charge for which such tithes shall have been commuted shall be the subject of such agreement, and giving fuU and sufficient descriptions of the quantity, state of culture, and annual value of the land pro- posed to be given in exchange for such tithes or rent-charge : provided always, that the same consent and confirmation shall be necessary to any such agreement as in the case of an agreement for a rent-charge ; and that in case the said agreement shall not extend to the whole of the tithes of the parish, an agreement or award as herein-after provided may and shall be made for the pavment of a rent-charge in satis- faction of the residue of the said tithes ; and such rent-charge when agreed upon or awarded, or the residue thereof, shaU be apportioned in manner herein-after provided upon all the lands of the parish subject to the payment of tithes, unless otherwise agreed upon by the parties to the said parochial agreement, except the land so given by way of commutation, in like manner as if no agreement for giving land had been made : provided also, that the land so given shall be free from incumbrances, except leases at improved rent, land tax, or other usual outgoings, and shall not be of leasehold tenure, nor of copyhold or customary tenure, subject to arbitrary fine or the render of heriots. 30. And be it enacted. That in every case in which any Commis- such agreement for giving land shall be so entered into, the sioners to commissioners shall satisfy themselves, in such way and by satisfy them- such evidence as they shall see fit, of the title to the land pro- !^/7^^f°^^^u posed thereby to be given in exchange for such tithes or rent- ]^(j ^^^ charge, and that the same are of the description and value set forth in such agreement, and that such agreement is con- formable in every respect to the provisions herein-before con- tained respecting the same ; and the expense attending every such agreement for giving land, and the confirmation thereof, and of investigating the title to the land, shall be borne by the owners of land liable to the payment of tithes within the parish, in such proportions as they may agree, or, in default of agreement, as the commissioners may direct. 3 1 . And be it enacted. That such agreement for giving Agreements 76 6 & 7 WILLIAM IV. Cap. 7L for giving land to operate as conveyances. Appointment of valuers. Valuers to apportion the rent-charge. land, confirmed by the said commissioners, shall operate as a conveyance of such land to the owner of such tithes or rent-charge, and the land so conveyed shall thereupon vest in and be and be deemed to be holden by such person or persons, and upon the like uses and trusts in everv respect as the tithes or rent-charge in commutation or exchange for which the same shall have been given shall be vested and holden ; and for the purpose of making and completing any such agreement the provisions of this Act respecting persons under legal disability shall apply to every person party to such agree- ment or in whom any such land shall be vested, and whose concurrence or consent may be necessary to the perfecting thereof, or of the title to such land, as fully as if the same had been here repeated and re-enacted. 32. And be it enacted. That at the said meeting or at some adjournment thereof, or at some other parochial meeting to be called in like manner, either before or after the confirmation of the agreement, the owners of lands subject to tithes in the said parish, or their agents, present at the meeting, may appoint a valuer or valuers ; and in case the majority in re- spect of number and the majority in respect of interest shall not agree upon the appointment, then they shall appoint two or such other even number of valuers as shall be then agreed on by such land owners, half of such number to be chosen by a majority in respect of number, and the other half by a majo- rity in respect of interest, of such land owners then present. 33. And be it enacted, That as soon as may be after the choosing of such valuer or valuers, and after the confirmation of the said agreement, the valuer or valuers so chosen shall apportion the total sum agreed to be paid by way of rent- charge instead of tithes, and the expenses of the apportionment, amongst the several lands in the said parish, according to such principles of apportionment as shall be agreed upon at the meeting at which the valuer or valuers shall be chosen, or if no principles shall be then agreed upon for the guidance of the valuer or valuers, then, having regard to the average titheable produce and productive quality of the lands, according to his or their discretion and judgment, but subject in each case to the provisions herein-after contained, and so that in each case the several lands shall have the full benefit of every modus and composition real, prescriptive and customary pay- ment, and of every exemption from or non-hability to tithes relating to the said lands respectively, and having regard to the several tithes to which the said lands are severally liable ; provided that it shall be lawful for the said valuers, when an even number is chosen, by any writing under their hands, to appoint an umpire before they proceed upon the business of such apportionment, and the decision of the umpire on the questions in difl^erence between the valuers shall be bind- ing on them, and shall be adopted by them in the appor- tionment. 6 & 7 WILLIAM IV. Cap. 71. 11 34. And be it enacted. That the said valuers and umpire Valuers may (if it shall become necessary for him to act), and their ^^^ter on lands agents or servants, at all reasonable times, may enter upon o'f'^vaiuEiE^"^^ any of the lands to be included in the apportionment, and tithes. make an admeasurement, plan, and valuation of the same, "without being subject to any action or molestation for so doing ; provided always, that no valuer or umpire shall be capable of acting until he shall have made and subscribed be- fore the said commissioners, or some assistant commissioner or justice of the peace, a solemn declaration to the same purport and effect as the oath herein-before directed to be made by the said commissioners, substituting only the proper descrip- tion of such person instead of the word commissioner, and adding to his signature the usual place of his residence, which declaration it shall be lawful for the said commissioners, or any assistant commissioner or justice, to administer ; and every such declaration so made and subscribed shall be countersigned by the person before whom the same shall have been made, and shall be sent by him to the office of the commissioners. 35. And be it enacted. That the valuer or valuers or Old plans and umpire may, if they think fit, use for the purposes of this Act surveys may any admeasurement, plan, or valuation previously made of the be used it the lands or tithes in question of the accuracy of which they shall proper. be satisfied ; and that it shall be lawful for the meeting at ■which such valuer or valuers shall be chosen to agree upon the adoption for the purposes aforesaid of any such admeasure- ment, plan, or valuation, and such agreement shall be binding upon the valuer or valuers ; provided always, that three fourths of the land owners in number and value shall concur therein. 36. And be it enacted, That after the first day of October, After 1st Oct. one thousand eight hundred and thirty-eight, the commissioners 1838, commls- shall proceed in manner hereinafter mentioned, at such time sioners may and in such order as to them shall seem fit, either by them- value of tithes selves or by some assistant commissioner, to ascertain and jn any parish award the total sum to be paid by way of rent-charge instead in which no of the tithes of every parish in England and Wales in which previous agree- no such agreement binding upon the whole parish as afore- '"^^'^ "^ "^^" said shall have been made and confirmed as aforesaid : pro- vided nevertheless, that if any proceeding shall be had towards making and executing any such agreement after the com- missioners shall have given or caused to be given notice of their intention to act as aforesaid in such parish, the com- missioners may refrain from acting upon such notice, if they shall think fit, until the result of such proceeding shall appear. 37. And be it enacted. That in every case in which the Value of tithes commissioners shall intend making such award, notice thereof to be calcu- shall be given in such manner as to them shall seem fit ; "P^I' ^" and after the expiration of twenty-one days after such notice seven°years shall have been given, the commissioners or some assistant commissioner shall, except in the cases for which provision 78 6 & 7 WILLIAM IV. Cap. 7L i3 hereinafter made, proceed to ascertain the clear average value (after making all just deductions on account of the ex- penses of collecting, preparing for sale, and marketing, where such tithes have been taken in kind,) of the tithes of the said parish, according to the average of seven years preceding Christmas in the year one thousand eight hundred and thirty- five : provided that if during the said period of seven years, or any part thereof, the said tithes or any part thereof shall have been compounded for or demised to the owner or occupier of any of the said lands in consideration of any rent or payment instead of tithes, the amount of such composition or rent or sum agreed to be paid instead of tithes shall be taken as the clear value of the tithes included in such composition, demise, or agreement during the time for which the same shall have been made ; and the commissioners or assistant commissioner shall award the average annual value of the said seven years so ascertained as the sum to be taken for calculating the rent- charge to be paid as a permanent commutation of the said tithes : provided also, that whenever it shall appear to the commissioners that the partv entitled to any suchient or com- position shall in any one or more of the said seven years have allowed and made any abatement from the amount of such rent or composition on the ground of the same having in any such year or years been higher than the smn fairly payable by way of composition for the tithe, but not otherwise, then and in every such case such diminished amount, after making such abatement as aforesaid, shall be deemed and taken to have been the sum agreed to be paid for any such year or years : Tithes to be provided also, that in estimating the value of the said tithes valued without the commissioners or assistant commissioner shall estimate the deduction on game without making any deduction therefrom on account of account of ^ parliamentarv, parochial, countv, and other rates, charges, parochial and -, ^ '' ■, • ^ ^ • i "-,1 ^■ ^ ^ j i county rates ^"^^ assessments to which the said tithes are liable ; and wiien- &c. ever the said tithes shall have been demised or compounded for on the principle of the rent or composition being paid free from all such rates, charges, and assessments, or any part thereof, the said commissioners or assistant commissioner shall have regard to that circumstance, and shall make such an ad- dition on account thereof as shall be an equivalent. Commis- 38. Provided always, and be it enacted. That in case notice sioners incer- in writing under the hand of any patron, or the hands of any tain cases may land owners or tithe owners whose interest in the lands or increase or tithes of the parish shall not be less than one half of the lands sum To be paid subject to tithes, one half of the great tithes or one half of for commuta- the small tithes of the parish, shall be given to the commis- tion. sioners or assistant commissioner acting in that behalf, within one calendar month next after the notice of the intention to make an award shall have been given as aforesaid, that the average value to be ascertained as aforesaid will not fairly re- present the sum which ought to be taken for calculating a permanent commutation of the great or small tithes of the , 6 & 7 WILLIAM IV. Cap. 7L 79 said parish, the commissioners shall have power to diminish or increase the sum to be so taken by a sum amounting to not more than one fifth part of the average value ascertained as aforesaid : provided always, that every case which shall appear to the commissioners to be fraudulent or collusive, or which, by reason of the length of time which shall have elapsed since the making of any composition then in force, or which by reason of the peculiar interest in the lands or tithes of either of the parties to any composition, or by reason of any other special circumstances, ought in the judgment of the commissioners to be separately adjudicated upon, shall be re- served for separate adjudication as hereinafter provided ; and the commissioners shall certify and report to one of His Majesty's principal secretaries of state, under their hands and seals, before the first day of May in the year one thousand eight hundred and thirty-eight, in what manner the discretion hereby vested in them ought in their judgment to be exercised, and shall in the said report lay down such rules for the guidance of the assistant commissioners as may to them seem expedient ; and such report shall be laid before parliament within six weeks after the same shall have been received or after the meeting of parliament, and, unless parliament shall otherwise provide, such rules shall be observed by the said commissioners and assistant commissioners in the exercise of the discretion hereby vested in the commissioners. 39. And be it enacted. That the commissioners shall from Special adjudi- time to time report to one of His Majesty's principal secre- nations how to taries of state, under their hands and seals, all the cases which ^ "^^ ^' under the power hereinbefore resei'ved to them in that behalf shall have been reserved for separate adjudication, and shall state in every such report the reasons for so reserving every case mentioned therein, and the commissioners shall in every such case award the rent-charge to be paid as a permanent commutation for tithes, having regard to the average rate which shall be awarded in respect of lands of the like descrip- tion and similarly situated in the neighbouring parishes ; pro- vided always, that a draught of such intended award, with a copy of so much of the said report as is applicable to such award, shall be deposited in the parish ; and the commission- ers, or an assistant commissioner to be specially appointed by the commissioners for that purpose, shall hear and deter- mine all objections to the award in the like manner as is herein provided in an ordinary case of award, and the commissioners shall have power thereupon to amend the draught of the said award accordingly. 40. And be it enacted, That in case any of the lands in the How the tithe parish shall be hop grounds, orchards, or gardens, and notice of '^°PS' f™'*» shall be given by the owner thereof to the commissioners or " ^j^^g j^^ assistant commissioner acting in that behalf that the tithes i^^ valued, thereof should be separately valued, the commissioners or as- sistant commissioner shall estimate the value of the tithes 80 6 & 7 WILLIAM IV. Cap. 7L How the tithe of coppice ■wood is to be valued. thereof according to the average rate of composition for the tithes of hops, fruit, and garden produce respectively during seven years preceding Christmas in the year one thousand eight hundred and thirty -five, w^ithin a district to be assigned in each case by the commissioners or assistant commissioner, and estimating the same as chargeable to all parliamentary, paro- chial, county, and other rates, charges, and assessments to which the said tithes are liable, and shall add the value so estimated to the value of the other tithes of the parish ascer- tained as aforesaid. 41. And be it enacted. That in case any of the lands in the parish shall be coppices, and notice shall be given by the owner thereof, or by the owner of the tithes thereof, to the commissioners or assistant commissioner acting in that behalf that the tithes thereof should be separately valued, the commis- sioners or assistant commissioner shall estimate the value of the tithes thereof with a due regard to the average value, estimated according to the best of their judgment, of coppice wood of the same kind, cut during the said period of seven years in that parish and the neighbouring parishes, estimating the same as chargeable to aU parliamentary, parochial, county, and other rates, charges, and assessments to which the said tithes are liable, and shall add the clear value of the tithes so estimated to the value of the other tithes of the parish ascertained as aforesaid ; and the commissioners shall, in the report which they are hereinbefore required to make to one of His Majesty's principal secretaries of state before the first day of May, in the year one thousand eight hundred and thirty- eight, la)^ down rules for the guidance of the assistant com- missioners in estimating the value of the tithes of coppice wood, and unless parliament shall otherwise provide, such rules shall be observed by the said commissioners and assistant commissioners. Provision for 42. And be it enacted, Tliat the amount which shall be the change of charged by any such apportionment as hereinafter provided culture of hop upon any hop grounds or market gardens in any district so to be assigned shall be distinguished into two parts, v/hich shall be called the ordinary charge and the extraordinaiy charge, and the extraordinary charge shall be a rate per impe- rial acre, and so in proportion for less quantities of ground, according to the discretion of the valuers or commissioners or assistant commissioner by whom the apportionment shall be made as aforesaid ; and all lands whereof the tithes shall have been commuted under this act, and which shall cease to be cultivated as hop grounds or market gardens at any time after such commutation, shall be charged after the thirty-first day of December next following such change of cultivation only with the ordinar)^ charge upon such lands ; and all lands in any such district the tithes whereof shall have been com- muted under this Act, and which shall be newly cultivated as hop grounds or market gardens at any time after such grounds and market gar- dens. 6 & 7 WILLIAM IV. Cap. 71. 81 coTnniutation, shall be charged with an additional amount of rent-charge per imperial acre, equal to the extraordinary charge per acre upon hop grounds or market gardens respectively in that district ; provided always, that no such additional amount shall be charged or payable during the first vear, and half only of such additional amount during the second year of such new cultivation ; and an additional rent-charge by way of extraordinary charge upon hop grounds and market gardens, newly cultivated as such beyond the limits of every district in which any extraordinary charge for hop grounds or market gardens respectively shall have been distinguished as aforesaid at the time of the commutation, shall be charged by the com- missioners at the time of such new cultivation, upon the request of any person interested therein, if such new cultiva- tion shall have taken place during the continuance of the commission of the said commissioners, and after the expira- tion of the commission shall be charged in such manner and by such authority as Parliament shall direct, and shall be pay- able and recoverable in like manner and subject to the same incidents in all respects as an extraordinary charge charged upon any hop grounds or market gardens at the time of commutation. ' 43. And be it enacted. That in case any of the lands in the Provision for parish shall, during any part of the said period of seven years, valuing tithes preceding Christmas, in the year one thousand eight hundred °1 V'^fJ" and thirty-live, have been exempted from payment of tithes avera<^e of by reason of having been inclosed under any Act of Parliament seven°years or converted from barren heath or waste ground, or by reason cannot apply, of being glebe lands or of having been heretofore parcel of the possessions of any privileged order, and notice shall have been given as last aforesaid to the commissioners or assistant commissioner acting in that behalf that the tithes thereof should be separately valued, the commissioners or assistant commissioner shall estimate the value of the tithes thereof according to the average value which shall be ascertained as aforesaid in respect of lands of the like description and quality in that parish and the neighbouring parishes, or as near thereto as the circumstances of each case may in their judgment require, and estimating the same as chargeable to all parliamentary, parocKial, county, and other rates, charges, and assessments to which the said tithes are liable, and shall add the value so estimated to the value of the other tithes of the parish ascertained as aforesaid. 44. And be it enacted, That if any modus or composition Moduses &c. real, or prescriptive or customary payment, shall be payable how to be instead of the tithes of any of the lands or produce thereof allowed for in the said parish, the commissioners or assistant commis- '" '•"^ award, sioner shall in such case estimate the amount of such modus, composition or pavment as the value of the tithes payable in respect of such lands or produce respectively, and shall add the amount thereof to the value of the other tithes of the G 82 6 & 7 WILLIAM IV. Cap. 71. Commis- sioners may hear and deter- mine disputes: subject to appeal by an issue at law : parish ascertained as aforesaid, and shall also make due allow- ance for all exemptions from or non-liability to tithes of any lands or any part of the produce of such lands : provided also, that if it shall appear to the said commissioners or assistant commissioner that any question concerning any modus or com- position real, prescriptive or customary payment, or claim of exemption from or non-liability to the payment of tithes relating to the lands in question, shall have been decided by competent authority before the making of the said award, the commissioners or assistant commissioners shall act on the principle established by such decision, and shall make their award as if such decision had been made at the beginning of the said period of seven years. 45. And be it enacted. That if any suit shaU be pending touching the right to any tithes, or if there shall be any question as to the existence of any modus or composition real, or prescriptive or customary pa'yTnent, or any claim of ex- emption from or non-liability under any circumstances to the payment of any tithes in respect of any lands or any kind of produce, or touching the situation or boundary of any lands, or if any difference shall arise whereby the making of any such award by the commissioners or assistant commissioner shall be hindered, it shall be lawful for the commissioners or assistant commissioner to appoint a time and place in or near the parish for hearing and determining the same ; and the decision of the commissioners or assistant commissioner shall be final and conclusive on all persons'; subject to the provisions herein-after contained. 46. Provided always, and be it enacted. That any person claiming to be interested in any lands or in the tithes thereof who shall be dissatisfied with any such decision of the commis- sioners or assistant commissioner may, if the yearly value of the payment to be made or withholden according to such decision shall exceed the sum of twenty pounds, cause an action to be brought in any of His Majesty's courts of law at Westminster against the person in whose favour such decision shall have been made, within three calendar months next after such decision shall have been notified in writing, in such manner as the commissioners or assistant commis- sioner shall direct, to the parties interested therein or to their known agents in which action the plaintifi" shall deliver a feigned issue, whereby such disputed right may be tried, and shall proceed to a trial at law of such issue at the sittings after the term or at the Assizes then next or next but one after such action shall have been commenced to be holden for the county within which such lands or the greater part thereof are situated, with liberty nevertheless for the court in which the same shall have been commenced or any judge of His Majesty's courts of law at Westminster to extend the time for going to trial therein, or to direct the trial to be in another county if it shall seem fit to such court or judge G & 7 WILIJAM IV. C;ap. 71. 83 so to do ; and every defendant in any such action shall enter an appearance thereto, and accept such issue : hut in case the parties shall differ as to the form of such issue, or in case the defendant shall fail to enter such appearance or accept such issue, then the same shall he settled under the direction of the court in which the action shall he brought, or by any judge of His Majesty's courts of law at Westminster, and the plaintiff may proceed thereon in like manner as if the defendant had appeared and accepted such issue ; and the parties in such action shall produce to each other and their respective attornies or counsel, at such time and place as any judge mav order before trial, and also to the court and jury upon the trial of any such issue, all books, deeds, papers, and writings, terriers, maps, plans, and survevs relating to the matters in issue in their respective custody or power : and it shall be lawful for the judge by whom any such action shall be tried, if he shall think lit, to direct the jury to find a verdict, subject to the opinion of the court upon a special case ; and the verdict which shall be given in any such action, or the judgment of the court upon the case subject to which the same may be given, shall be final and binding upon all parties thereto, unless the court wherein such action ?hall be brought shall set aside such verdict and order a new trial to be had therein, which it shall be lawful for the said court to do, if it shall see fit : pi'ovided also, that in case any such or by taking decision shall involve a question of law only, and the parties in ^^^ opinion of difference shall be agreed upon the facts relating thei-eto, and ^/^^"'"'^ °' '^^ whereon such decision shall have been founded, the said commissioners or assistant commissioner, at the request of the person dissatisfied, (such request to be made in writing within three calendar months after such decision, and at least fourteen days' previous notice in writing of such request to be given in like manner to the other parties in difference or to their known agents,) shall direct a case to be stated for the opinion of such one of His Majesty's courts of law at Westminster as the commissioners or assistant commissioner shall think fit, which case shall be settled by them or him or under their or his direction in case the parties differ about the same, and may be set down for argument and be brought before the court in like manner as other cases are brought before the court ; and the decision of such court upon every case so brought before it shall be binding upon all parties concerned therein : provided always, that after such verdict given and not set aside by the court, or after such decision of the court, the said commissioners or assistant commissioner shall be bound by such verdict or decision ; and the costs of every such action, or of stating such case and obtaining a decision thereon, shall be in the discretion of the court, in or by which the same shall be decided, which may order the same to be taxed by the proper officer of the court, and the like execution may be had for the same as if such costs had been recovered upon a judgment of record of the said court. a2 84 G & 7 WILLIAM IV. Cap. 71. Proceedings not to abate by death of parties. In case of deaths of par- ties before actions brought, &c. the same to be carried on and defended in their names. Statutes of limitation not to be affected. Commis- sioners to award total sum to be paid for the tithes of the parish. 47. And be it enacted, That no proceeding of or before the commissioners or any assistant commissioner, or in any action, or in any case stated, or reference in pursuance of this Act, shall abate or cease by reason of the death of any person in- terested therein. 48. And be it enacted. That if any person in whose favour any such decision of the commissioners or any assistant com- missioner shall have been made shall die before any such ac- tion shall have been brought or case stated, and before the expiration of the time herein-before limited for that purpose, it shall be lawful for every person who might have brought such action, or have had such case stated, against the person so dying, to bring or have the same, within the time so limited as aforesaid, nominally against such person as if living, and to serve the said commissioners or assistant commissioner with process and notices relating thereto in the same manner as the person deceased might have been served therewith if living ; and it shall be lawful for every person entitled to the benefit of such decision as aforesaid, or, in case of any such person being a minor, idiot, lunatic, feme covert, beyond the seas, or under any other legal disability, the guardian, trustee, committee of the estate, husband, or attorney respec- tively, or in default thereof such person as may be nominated for that purpose by the commissioners, and whom they are hereby empowered to nominate under their hands and seal, to appear and defend such action or argue such case ; and proceedings shall be had therein in the same manner, and the rights of all persons shall be equally bound and concluded by the event of such action or the decision upon such case, as if such person had been living ; and the costs of every such action or case shall be in the discretion of the court as afore- said. 49. Provided always, and be it enacted. That nothing in this Act contained shall revive any right to tithes which now is or hereafter shall be barred by any law in force for shortening the time required in claims of modus decimandi or exemption from or discharge from tithes, or for the limitation of actions and suits relating to real proijerty. 50. And be it enacted. That as soon as all such suits and differences sl^all have been decided, or if there shall have been no suits or difierences then as soon as the commissioners or assistant commissioner shall have ascertained and estimated as aforesaid the total value of all the tithes of the said parish, the commissioners or assistant commissioner shall frame the draft of an award, declaring that the sum ascertained as aforesaid shall be the amount of the rent-charge to be paid in respect of the tithes of the said parish, and every such draft shall contain all the particulars herein-before required to be inserted in any parochial agreement or any schedule thereto ; provided always, that no such award shall be made for giving land in- stead of the tithes of the parish. 6 & 7 WILLIAM IV. Cap. 71. 85 51. And be it enacted, That as soon as the said draft shall Commis- have been made by the commissioners or assistant commis- sioners may sioner they or he shall deposit a copy of the same and of any jlj^ne^objec-^'^' special report thereunto annexed at some convenient place ^.j^j^g ^^ ^^^ within the said parish for the inspection of all persons inte- award, rested in the said lands or tithes, and shall forthwith give no- tice in such manner as to the commissioners shall seem fit where the said copy may be inspected, and shall also in such notice appoint some convenient place and time (the first not earlier than twenty-one days from the first giving of such no- tice) for holding a meeting to hear objections to such intended award by any person interested therein ; and the said commis- sioners or assistant commissioner at such meeting as aforesaid shall hear and determine any objections which may be then and there made to the said intended award, or adjourn the further hearing thereof, if they or he shall think proper, to a future meeting, and may, if they or he shall see occasion, direct any further valuation cf the lands or tithes or any of them, and from time to time fix further meetings for the hear- ing and determining of objections, of which further meetings, when not holden by adjournment, notice shall be given in manner herein-before directed with regard to the original meeting ; and when the said commissioners or assistant com- missioner shall have heard and determined all such objections they or he shall amend the di-aft of such award accordingly, if they or he shall see occasion. 5'2. And be it enacted. That as soon as the commissioners or Award to be assistant commissioner shall have made such amendments in confirmed by the draft of the award as to them or him shall seem necessary g^Qj^g"^""'^' they or he shall cause the same to be fairly written, and shall sign and send it to the office of the commissioners, and the commissioners shall satisfy themselves that all the proceedings incident to the making of such award have been duly performed, and if they shall think that the award ought to be confirmed shall confirm the same under their hands and seal, and shall add to the award the date of such confirmation, and shall publish the fact of such confirmation and the date thereof in the parish, in such manner as to them shall seem fit ; and every such confirmed award shall be binding on all persons interested in the said lands or tithes. 53. And be it enacted. That as soon as the commissioners Commis- shall have confirmed any such award, the commissioners or sioners to some assistant commissioner shall call a parochial meeting of p"^|!^™j°"j the owners of land subject to tithes in the said parish, for the nieeting to purpose of choosing valuers to apportion the am.ount so appoint awarded among the lands of the parish, and shall give notice valuers, thereof in writing under their or his hand, to be fixed, at least twenty-one days before such meeting, on the principal outer door' of the church or in some public and conspicuous place within the parish ; and valuers or a single valuer may be chosen at such meeting by the land owners then present in 86 C & 7 WILLIAM IV. Cap. 7J. like manner, and the valuers so chosen shall act with the same powers and be subject to the same provisions, as if the rent-charge so awarded had been agreed to at a parochial meeting of the land owners and tithe owners of the parish, and the valuers had been thereupon chosen as aforesaid. Evaluation 54. And be it enacted, That if upon the expiration of six not completed calendar months after the day of the date of the confirmation in SIX months ^^ ^^^ agreement or award no valuer or valuers shall have to apportion been appointed, or the apportionment by such valuers or valuer shall not have been made and sent to the office of the commissioners as herein-after provided, it shall be lawful for the commissioners or some assistant commissioner to apportion the rent-charge previously agreed or awarded to be paid among the lands of the said parish, having regard to the average titheable produce and productive quality of the said lands, according to the discretion and judgment of the com- missioners or a,ssistant commissioner, but subject to the pro- visions herein-after contained, and so that the several lands may have the full benefit in each case of every modus, com- position real, prescriptive and customary payment, and of every exemption from or non-liability to tithes relating to the said lands respectively, and having I'egard to the several tithes to which the said lands are severally liable. Form of an- ^^- And be it enacted. That a draught of every apportion- portionment. ment shall be made, and shall set forth the agreement or award, as the case may be, upon which such apportionment is founded, and every schedule thereunto annexed ; and the sai(J draught, or some schedule thereunto annexed, whether made bv or under the direction of the valuers or commissioners or assistant commissioners, shall state the name or description and the true or estimated quantity in statute measure of the several lands to be comprised in the apportioninent, and shall set forth the names and description of the several proprietors and occupiers thereof, and whether the said several lands are then cultivated as arable, meadow, or pasture land, or as wood land, common land, or howsoever otherwise, and shall refer, by a number set against the description of such lands, to a map or plan to be drawn on paper or parch- ment, and the same number shall be marked on the representa- tion of such lands in the said map or plan ; and the draught of the apportionment shall also state the amount charged upon the said several lands, and to whom and in what right the same shall be respectively payable. Comptroller 56. And be it enacted, That immediately after the passing of corn returns of this Act, and also in the month of Januanj in every year, the comptroller of com returns for the time being, or such other person as may from time to time be in that behalf autho- rized by the privy council, shall cause an advertisement to be inserted in the London Gazette, stating what has been, during seven years ending on the Thursday next before Christmas day then next preceding, the average price of an imperial bushel to publish average price of corn. 6 & 7 WILLIAM IV. Cap. 71. 87 of British wheat, barley, and oats, computed from the weekly averages of the corn returns. 57. And be it enacted. That every rent-charge charged Rent-charges upon any lands by any such intended apportionment shall be ^^ ^^ valued deemed at the time of the confirmation of such apportionment, ^^'^'^ /"^ *° as herein-after provided, to be of the value of such number pj-j^e of corn. of imperial bushels and decimal parts of an imperial bushel of wheat, barley, and oats as the same would have purchased at the prices so ascertained by the advertisement to be published immediately after the passing of this Act, in case one third part of such rent-charge had been invested in the purchase of wheat, one third part thereof in the purchase of barley, and the remaining third part thereof in the purchase of oats, and the respective quantities of wheat, barley, and oats so ascer- tained shall be stated in the draft of every apportionment. 58. And be it enacted, That it shall be lawful for the valuers Rent-charge or commissioners or any assistant commissioner, upon the may be request of any land owner, at any time before the confirmation specially ap- of the apportionment, to apportion the whole rent-charge ^ intended to be charged upon any lands of such land owner held under the same title and for the same estate, in the same parish, specially upon the several closes or portions of such lands or according to an acreable rate or acreable rates, upon lands of different qualitv, in such manner and in such proportion, and to the exclusion of such of them, as the land owner, with the consent of the person entitled to such rent-charge, may direct, and the particulars of every such special apportionment shall be included in the draught of the apportionment and taken to be a part thereof : provided always, that the extra expenses of even,' such special appor- tionment shall be borne by the party at whose instance the same shall have been made, and shall be recoverable as other costs of the apportionment are recoverable, and that no close of land shall be charged with any rent-charge or share of rent-charge on account of the tithes of any other lands, unless the value of such lands shall be at least three times the value of the whole rent-charge upon such lands. 59. And be it enacted, That for the purpose of making any Commis- such apportionment, as well as for the purpose of making sione^ers may any award as herein-before provided, the commissioners and yevors assistant commissioners may emplov such land surveyors and tithe valuers as to them shall seem fit, and may order them to be paid for valuing, surveying, mapping, and planning after any rate not exceeding two guineas to every such person for every day that he shall have been so employed, and may assess the same as part of the expenses of making their award or apportionment respectively ; and the said commissioners and assistant commissioners, and the land survevors and tithe valuers employed by them respectively, yommis- ' i. r' J x ^ J ' sioriGrs to shall have all the powers and be subject to all the provisions ^avethe power herein-before enacted concerning the valuers appointed at a of valuers as 88 6 & 7 WILLIAM IV. Cap. 7L to entry in lands, &c. Apportion- ment to be signed by the person making it, and sent ■with the plan to the com- missioners. Commis- sioners may ^ hear and de- termine ob- jections to apportion- ment. Owners of lands charge- able with rent- charge may give land in- stead thereof. parochial meeting, except that they shall not be bound to adopt any principles of apportionment agreed to at any paro- chial meeting : provided always, that it shah be lawful for such commissioners and assistant commissioners to make any agreement with any such land surveyors or tithe valuers for the pavment to the same of one sum for the whole duty or anv part thereof to be performed by them respectively. 60. And be it enacted. That the draught of every appor- tionment, whether made by or under the direction of the commissioners or any assistant commissioner or by any valuer or valuers appointed as herein-before is provided, shall be signed by the person by or under whose direction it shall have been made, and shall be sent, together with the map or plan therein referred to, by the person by whom it is signed to the office of the commissioners, or otherwise to some assist- ant commissioner, as the commissioners may direct, with such proof as the commissioners may require that every proceeding incident to the making of such draught of apportionment has been duly performed. 61. And be it enacted, That as soon as the draught of any such apportionment, verified as aforesaid, shall have been sent to the commissioners they shall cause a copy of the same to be deposited at some convenient place within the said parish for the inspection of all persons interested in the said lands or tithes, and shall forthwith cause notice to be given, in such manner as to them shall seem fit, where the said copy may be inspected, and shall also in such notice appoint some con- venient place and such tim^es as they shall think necessary (the first not earlier than twenty-one days from the first giving of such notice,) for holding a meeting to hear objections to the intended apportionment by any person interested therein, and the said commissioners or some assistant commissioner at such meeting as aforesaid shall hear and determine any ob- jections which may be then and there made to the said in- tended apportionment, or adjourn the further hearing thereof, if they or he shall think proper, to a future meeting, and may, if they or he shall see occasion, direct any further valuation of the lands or anv of them, and from time to time fix further meetings for the hearing and determining of objections, of which further meetings, when not holden by adjournment, notice shall be given in manner herein-before directed with regard to the original meeting ; and when the said commis- sioners or assistant commissioner shall have heard and deter- mined all such objections, they and he are and is hereby re- quired to cause such apportionment to be amended accordingly if they or he shall see occasion. 6-2.' And be it enacted, That it shall be lawful for the owner of any lands chargeable with any such rent- charge to agree, at any time before the confirmation of any such instrument of apportionment, with any ecclesiastical person being the owner of the tithes thereof in right of any spiritual benefice or dig- 6 & 7 WILLIAM IV. Cap. 71. 89 nity, for giving land instead of the rent-charge charged or about to be charged upon his lands ; and every such agree- ment shall be made under the hands and seals of the land owner and tithe owner, and shall contain all the particulars herein -before required to be inserted in a parochial agreement for giving land instead of tithes or rent-charge ; provided always, that no such tithe owner shall be enabled to take or hold more than twenty imperial acres of land in the whole by virtue of anv such agreement or agreements made in the same parish ; and the same consent and confirmation relatively to the lands and tithes comprised in the said agreement shaU be necessarv to anv such agreement as in the case of a parochial agreement for giving land instead of tithes ; and all the pro- visions herein-before contained concerning a parochial agree- ment for giving land shall be applicable to every such agree- ment as herein-before last mentioned, so far as concerns the lands and tithes comprised in the said agreement : provided also, that any amendment which shall be made in the draft of apportionment before confirmation thereof, and subsequent to any such agreement for giving land instead of rent-charge, ^ ■whereby the charge upon the lands refeiTed to in such agree- ment shall be altered, shall be taken to annul the execution of Such agreement for giving land, and any consent which may have been necessary thereunto. G3. And be it enacted. That after such proceedings as Confirmation aforesaid shall have been had, and all such objections, if any, "Y the corn- shall have been finally disposed of, the commissioners or as- "^i^sioners. sistant commissioner shall cause the instrument of apportion- ment to be ingrossed on parchment, and shall annex the map or plan thereunto belonging to the ingrossed instrument of apportionment, and shall sign the instrument of apportionment and the map or plan, and shall send both to the office of the commissioners, and if the commissioners shall approve the apportionment thev shall confirm the instrument of apportion- ment under their hands and seal, and shall add thereunto the date of such confirmation. 64. And be it enacted. That two copies of every confirmed Transcripts instrument of apportionment, and of every confirmed agree- of the award raent for giving land instead of any tithes or rent-charge, *° "^ ^^"^ ^° shall be made and sealed with the seal of the said commission- ^^ the°diocese ers, and one such copy shall be deposited in the registry of and to the the diocese within which the parish is situated, to be there incumbent kept among the records of the said registry, and the other ^'^^ church- copy shall be deposited with the incumbent and church or ^^^ ^"^" chapel wardens of the parish for the time being, or such other fit persons as the commissioners shall approve, to be kept by them and their successors in office with the public books, writings, and papers of the parish, and all persons interested therein mav have access to and be furnished with copies of or extracts from anv such copy on giving reasonable notice to the person having custody of the same, and on payment of 90 6 & 7 WILLIAM IV. Cap. 7L Commis- sioners may require notice of agreements or awards to be given to reversioner. Agreements, &c. not to be questioned after confir- mation. Lands to be discharged from tithes, and rent- charge paid in lieu thereof. two shillings and sixpence for such inspection, and after the rate of three-pence for every seventy-two words contained in such copy or extract ; and every recital or statement in or map or plan annexed to such confirmed apportionment or agreement for giving land, or any sealed copy thereof, shall be deemed satisfactory evidence of the matters therein recited or stated, or of the accuracy of such plan. 65. And he it enacted. That the commissioners, if they shall see fit, before confirming any agreement, award, or apportion- ment, may require notice thereof to be given in such manner as they shall direct to the person next in remainder, reversion, or expectancy of an estate of inheritance in any lands or tithes, or any other person to whom they may think notice ought to be given, and may by themselves or by some as- sistant commissioner hear and determine any objection made to such confirmation by any person interested therein, and may direct any award or apportionment to be amended ac- cordingly. 66. And be it enacted, That no confirmed agreement, award, or apportionment shall be impeached after the confir- mation thereof by reason of any mistake or informality therein or in any proceeding relating thereunto. 67. And be it enacted, That from the first day of January next following the confirmation of every such apportionment the lands of the said parish shall be absolutely discharged from the payment of all tithes, except so far as relates to the liability of any tenant at rack-rent dissenting as hereinafter provided, and instead thereof there shall be payable thenceforth to the person in that behalf mentioned in the said appor- tionment a sum of money equal in value, according to the prices ascertained by the then next preceding advertisement , to the quantity of wheat, barley, and oats respectively men- tioned therein to be payable instead of the said tithes, in the nature of a rent-charge issuing out of the lands charged there- with ; and such yearly sum shall be payable by two equal half-yearly payments on the first day of July and the first day of January in every year, the first payment, except in the case of barren reclaimed lands, as hereinafter provided, being on the first day of July next after the lands shall have been discharged from tithes as aforesaid, and such rent-charge may be recovered at the suit of the person entitled thereto, his ex- ecutors or administrators, by distress and entry as hereinafter mentioned ; and after every first day of January the sum of money thenceforth payable in respect of such rent-charge shall vary so as always to consist of the price of the same number of bushels and decimal parts of a bushel of wheat, barley, and oats respectively, according to the prices ascertained by the then next preceding advertisement, and any person entitled from time to time to any such varied rent-charge shall have the same powers for enforcing payment thereof as are herein con- tained concerning the original rent-charge ; provided always. 6 & 7 WILLIAM IV. Cap. 71. 91 that nothing herein contained shall be taken to render any person whomsoever personally liable to the payment of any such rent-charge; provided always, that the rent-charge which Payment of shall be apportioned vipon any lands in the said parish which rent-charge during any part of the said period of seven years preceding "^'^^g'^t^'^g^ Christmas, one thousand eight hundred and thirty-five were postponed exempted from tithes by reason of having been inclosed under until tithes any Act of Parliament, or converted from barren heath or would have waste ground, shall be payable for the first time on the first ^^^" '^'^^* day of July or first day of January next following the con- firmation of the apportionment which shall be nearest to the time at which tithes were or would have become payable for the first time in respect of the said lands if no comnuitation thereof had taken place. 68. And be it enacted. That from the first day of January Lands to be next following the confirmation of every parochial or other ^^f^^^''°'"*i*^^® agreement for giving land instead of any tithes or rent- charge, o-j^gj, jjj jjgy the lands of the parish in which any such agreement shall be thereof, made shall be absolutely discharged from the payment of the tithes or rent-charge for which it shall have been agreed that such land shall be given. 69. And be it enacted. That every rent-charge payable as Rent-charge aforesaid instead of tithes shall be subject to all parliamentary, ^o be liable to parochial, and county and other rates, charges, and assessments, ''^'^"'^Y'tafjl in like manner as the tithes commuted for such rent-charge have heretofore been subject. 70. And be it enacted. That all rates and charges to which Ho^ rates and any such rent-charge is lialjle shall be assessed upon the oc- , recovered cupier of the lands out of which such rent-charge shall issue, and in case the same shall not be sooner paid by the owner of the rent- charge for the time being mav be recovered from such occupier in like manner as any poor rate assessed on him in respect of such lands ; and any occupier holding such lands under any landlord, and who shall have paid any such rate or charge in respect of any such rent-charge, shall be entitled to deduct the amount thereof from the rent next payable by him to his landlord for the time being, and shall be allowed the same in account with his landlord ; and any landlord or owner in possession who shall have paid any such rate or charge, or from whose rent the amount of any such rate or charge in respect of any such rent- charge shall have been so deducted, or who shall have allowed the same in account with any tenant paying the same, shall be entitled to deduct the amount thereof from the rent-charge, or by all other lawful ways and means to recover the same from the owner of the rent-charge, his executors and administrators : provided that the owner of everv such rent-charge shall have and be entitled to the like right of demanding, inspecting, and taking copies of every assessment containing such rate or charge, and of appeal against the same, and the like power of prosecuting such appeal, and the like remedies in respect thereof, as any 92 6 & 7 WILLIAM IV. Cap. 71. Rent-charge to be subject to the same incumbrances and incidents as tithe before this Act. Proviso. occupier or rate payer has or may have in the case of poor rates, although such rate or charge is herein made assessable upon the occupier, and the owner of the rent-charge is not mentioned by name in such assessment. 7 1 . And be it enacted. That any person having any interest in or claim to any tithes, or to any charge or incumbrance upon any tithes, before the passing of this Act, shall have the same right to or claim upon the rent-charge for which the same shall be commuted as he had to or upon the tithes, and shall be entitled to have the like remedies for recovering the same as if his right or claim to or upon the rent-charge had accrued after the commutation ; provided that nothing herein con- tained shall give validity to any mortgage or other incumbrance which before the passing of this Act was invalid or could not be enforced ; and every estate for life, or other greater estate, in any such rent-charge, shall be taken to be an estate of freehold ; and every estate in any such rent-charge shall be subject to the same liabilities and incidents as the like estate in the tithes commuted for such rent-charge ; and where any lands were exempted from tithe whilst in the occupation of the owner thereof by reason of being glebe or of having been heretofore parcel of the possessions of any privileged order, the same lands shall be in like manner exempted from the payment of the rent-charge apportioned on them whilst in the occupation of the owner thereof ; and where by virtue of any Act or Acts of Parliament heretofore passed any tithes are authorized to be sold, exchanged, appropriated, or applied in any way, the rent-charges for which such tithes may be commuted under the provisions of this Act, or any part thereof, shall or may be saleable or exchangeable, appropriated and applied, to all intents and purposes, in like manner as such tithes, and the same powers of sale, exchange, and appropriation shall in all such cases extend to and may be exercised in respect of the said commutation rent-charges ; and the money to arise by the sale of such rent- charges shall or may be invested, appropriated, and applied to the same purposes and in like manner as the money to arise by the sale of any such tithes might have been invested, appropriated, and applied under such particular Act or Acts in case this Act had not been passed : and no such rent-charge shall merge or be extinguished in any estate of which the person for the time being entitled to such rent-charge may be seised or possessed in the lands on which the same shall be charged : provided always, that it shall be lawful for any person seised in possession of an estate in fee simple or fee tail of any tithes or rent-charge in lieu of tithes, by any deed or declaration under his hand and seal, to be made in such form as the said commissioners shall approve, and to be confirmed under their seal, to release, assign, or otherwise dispose of the same, so 6 & 7 WILLIAM IV. Cap. 71. 93 that the same may be absolutely merged and extinguished in the freehold and inheritance of the lands on which the same shall have been charged. 72. And be it enacted. That if at any time subsequent to the Apportion- confirmation of any such instrument of apportionment the ment may be owner of any lands charged with any such rent-charge shall ^^^^''^d by • cj » o commis- be desirous that the apportionment thereof shall be altered, signers of land it shall be lawful for the commissioners of land tax for the tax, if desired, county or place where the said lands are situate, or any three of them, to alter the apportionment in such manner and in such proportion and to the exclusion of such of the lands as the land owner, with the consent of two justices of the peace acting for the county, riding, division, or other jurisdic- tion in which the lands are situated, may direct ; and such altered apportionment shall be made by an instrument in writing under the hands and seals of the said commissioners of land tax and of the said land owner and justices, of the like form and tenor as to the said lands as the original apportionment, and bearing date the day of its execution by the said com- missioners of land tax, subject to the provision hereinbefore contained with respect to the value of lands on which any rent charge may be charged on account of the tithes of any other lands ; and every such altered apportionment shall be as valid as if made and confirmed by the tithe commissioners as aforesaid, and shall be taken to be an amendment of the original apportionment ; and in every such case two counter- parts of the instrument of altered apportionment, under the hands and seals of the said commissioners of land tax and justices and land owner, shall be sent, one to the registrar of the diocese, and one to the incumbent and church or chapel wardens, or other person having the custody of the other copy of the original instrument of apportionment ; and one counter- part shall be annexed to the copy of the instrument of appor- tionment in the custody of the registrar and such other person respectively, and taken to be an amendment thereof; and thenceforward such lands shall be charged only according to such altered apportionment ; and all expenses of such altera- tion shall be borne by the landowner desiring the same. 73. And be it enacted. That the commissioners or assistant Expenses of commissioner, in any case where they or he may see fit, may witnesses to order such expenses of witnesses, and of the production of ^f P^'^ under , , , 5 i. i. X i. .^. the direction any books, deeds, contracts, agreements, accounts, or writmgs, ^^ ^^g ^^^^_ terriers, maps, plans, and surveys, or copies thereof, and all missioners. other expenses (except the salary or allowance to any commis- sioner or assistant commissioner) incurred in the settlement of any suit or difference, or in the hearing and determining any objection to any award or apportionment before the said commissioners or any assistant commissioner, to be paid by such parties interested in the production thereof respectively or in the event of such suit, difference, or objection, and in 94 ti & 7 WILLIAM IV. Cap. 71 Expenses of making any award to be paid by the land owners and titlie owners as the commis- sionrs may direct. Expenses of apportionment to be borne rateably by the landowners. Expenses may be recovered by warrant of distress. Owners of particular estates may charge the costs on the estate for twenty years. such proportions, as the commissioners or assistant commis- sioner shall think fit and reasonable. 74. And be it enacted. That the allowances to and expenses of land surveyors and tithe valuers necessary for making any award, and all other expenses of or incident to making the said award, except the salary or allowances to any commis- sioner or assistant comn~Jssioner, and except any expenses which the commissioners or any assistant commissioner, or any court or arbitrator, may be authorized to order and may have ordered to be otherwise paid, shall be borne and paid by the land owners and tithe owners interested in the said award, in such proportion, time, and manner as the commissioners or assistant commissioner shall direct. 75. And be it enacted. That all the expenses of or incident to making any apportionment (except the salary or allowance to any commissioner or assistant commissioner, and except any expense which the commissioners or assistant commissioner may be authorized and may have ordered to be otherwise paid,) shall be borne and paid by the owners of lands included in the apportionment in rateable proportion to the sum charged on the said lands in lieu of tithes by such apportionment. 76. And be it enacted, That if any difference shall arise touching the said expenses, or the share thereof to be paid by any person, it shall be lawful for the commissioners or some assistant commissioner to certify under their or his hand the amount to be paid by such person ; and in case any person shall neglect or refuse to pay his share so certified to be pay- able by him, and upon the production of such certificate before any two justices of the peace for the county or other jurisdic- tion wherein the lands mentioned in the agreement or award or apportionment are situate, such justices, upon the non-pay- ment thereof, are hereby required, by warrant under their hands and seals, to cause the same and the costs of the distress to be levied by distress and sale of the goods of the person liable to pay the same, and to render the surplus (if any), after deducting the charges of the distress and sale, to the person distrained upon. 77. And be it enacted. That every ovrner of an estate in land or tithes less in the whole than an immediate estate of fee simple or fee tail, or which shall be settled upon any uses or trusts, may, with the consent of the commissioners, and in such manner as they may direct, charge so much of the expenses of commutation as is to be defrayed by him, or any part thereof, and the interest thereon after the rate of four pounds by the hundred, upon the lands whereof the tithes are commuted, or upon the rent-charge to be received by him instead of such tithes respectively, but so nevertheless that the charge upon such lands or rent-charge respectively shall be lessened in every year following such commutation by one twentieth part at least of the whole original charge thereon. 6 & 7 WILLIAM IV. Cap. 71. 95 78. And be it enacted, That every ecclesiastical beneficed Costs of person who shall commute the tithes of his benefice under this ecclesiastical Act may advance or borrow the sum necessary to defray so ^^^.f ^T™^" much of the expenses of commutation as is to be defrayed charged on by him, or any part thereof, and as a security for repay- the beneficefor ment may charge or assign the rent-charge to be received twenty years, instead of such tithes for twenty years, or until the principal sum advanced or borrowed, and the interest thereon after the rate of four pounds by the hundred, and the expenses of such charge or assignment, shall be sooner paid ; and every incum- bent successively shall pay the interest of the sum advanced or borrowed, or of so much thereof as shall then remain unpaid, as the same shall become due, or within one calendar month next following, and also an instalment at the rate of five pounds for every hundred pounds of the principal sum advanced or borrowed, and in default of such payment the ordinary mav sequester the profits of the benefice until such payments shall be made, provided that the sum to be so advanced or borrowed shall be ascertained and certified under the hand of any commissioner or assistant commissioner, and shall be by him stated to have been the amount of such expenses properly incurred by such ecclesiastical beneficed person in relation to such commutation. 79. And be it enacted. That any tenant or occupier who at If tenant of the time of such commutation shall occupy at rack rent any j.g^^^^fg^J^t'^ lands of which the tithes shall be so commuted may, within ^^^^ paying one calendar month next after the confirmation of the appor- rent-charge, tionment by the commissioners, signify, by writing under his the landlord hand given'to or left at the usual residence of his landlord or ^^V ^^^^}^^ his agent, his dissent from being bound to pay any rent- ^^^ tenancy" charge apportioned and charged on the said lands as aforesaid, and in that case such landlord shall be entitled, from the time when the said apportionment shall take effect, and during the tenancy or occupation of such tenant or occupier, to stand, as to the perception and collection of tithes, or receipt of any composition instead thereof, in the place of the owner of the tithes so commuted, and to have all the powers and remedies for enforcing render and payment of such tithes or composition which the tithe owner would have had if the commutation had not taken place. 80. And be it enacted. That any tenant or occupier at the Tenant paying time of such commutation who shall have signified his dissent !^"ug\i^o^gd from being bound to pay any such rent-charge as aforesaid, or ^j^g ^^^^^ ^^ who shall hold his lands under a lease or agreement providing account with that the same shall be holden and enjoyed by him free of his landlord. tithes, and every tenant or occupier who shall occupy any lands by any lease or agreement made subsequently to such commutation, and who shall pay any such rent-charge, shall be entitled to deduct the amount thereof from the rent payable by him to his landlord, and shall be allowed the same in account with the said landlord. 96 6 & 7 WILLIAM IV. Cap. 71. When rent- charge is in arrear for twenty-one days after half-yearly days of pay- ment, the 81. And be it enacted. That in case the said rent-charge shall at any time be in arrear and unpaid for the space of twenty-one days next after any half-yearly day of payment, it shall be lawful for the person entitled to the same, after having given or left ten days' notice in writing at the usual or last known residence of the tenant in possession, to distrain upon the lands liable to the payment thereof, or on any part thereof, person entitled £^j. ^j^ arrears of the said rent-charge, and to dispose of the disTrain.'"'^^ distress when taken, and otherwise to act and demean himself in relation thereto as any landlord may for arrears of rent reserved on a common lease for years ; provided that not more than two years' arrears shall at any time be recoverable by distress. 82. And be it enacted. That in case the said rent-charge shall be in arrear and unpaid for the space of forty days next after any half-yearly day of payment, and there shall be no sufficient distress on the premises liable to the payment thereof, yearly'days of it shall be lawful for any judge of His Majesty's courts of payment, and record at Westminster, upon affidavit of the facts, to order a no sufficient writ to be issued, directed to the sheriff of the county in which distress on the ^j^^ lands chargeable with the rent-charge are situated, to^be'iss^ued" requiring the said sherifi' to summon a jury to assess the arrears of rent-charge lemaining unpaid, and to return the inquisition thereupon taken to some one of His Majesty's courts of law at Westminster, on a day therein to be named, either in term time or vacation ; a copy of which writ, and notice of the time and place of executing the same, shall be given to the owner of the land, or left at his last known place of abode, or with his known agent, ten days previous to the execution thereof; and the sheriff is hereby required to execute such writ according to the exigency thereof ; and the costs of such inquisition shall be taxed by the proper officer of the court; and thereupon the ow^ner of the rent- charge may sue out a writ of habere facias possessionem, directed to the sheriff, commanding him to cause the owner of the rent-charge to have possession of the lands chargeable therewith until the arrears of rent-charge found to be due, and the said costs, and also the costs of such writ and of executing the same, and of cultivating and keeping possession of the lands, shall be fully satisfied : provided always, that not more than two years arrears over and above the time of such possession shall be at any time recoverable. 83. And be it enacted. That it shall be lawful for the court tobe rendered, out of which such writ shall have issued, or any judge at chambers, to order the owner of the rent-charge who shall be in possession by virtue of such writ from time to time to render an account of the rents and produce of the lands and of the receipts and payments in respect of the same, and to pay over the surplus (if any) to the person for the time being en- titled thereunto, after satisfaction of such arrears of rent- charge and all costs and expenses as aforesaid, and thereupon When rent- charges are in arrear for forty days after half directing sheriff to summon jury to assess arrears. Account how 6 & 7 WILLIAM IV. Cap. 7L 97 to order a writ of supersedeas to issue to the said writ of habere facias possessionem, and also by rule or order of such court or judge from time to time to give such summary relief to the parties as to the said court or judge shall seem fit. 84. Provided always, and be it enacted, That in all cases For recovery in which it shall be necessary to make any distress under this of rent-charges Act in respect of any lands in the possession of any person of ^"^ Quakers. the persuasion of the people called Quakers, the same may be made upon the goods, chattels, or effects of such person, whether on the premises or elsewhere, but nevertheless to the same amount only and with the same consequences in all respects as if made on the premises ; and that in all cases of distress under this Act upon persons of that persuasion the goods, chattels, or efiects which may be distrained shall be sold without its being necessary to impound or keep the same : provided always, that no writ under the provision herein- before contained shall be issued for assessing or recovering any rent-charge payable under this Act in respect of any lands in the possession of any person of the persuasion afore- said, unless the same shall be in arrear and unpaid for the space of forty days next after any half-yearly day of payment, without the person entitled thereto being able to find goods, chattels, or effects either on the premises or elsewhere liable to be distrained as aforesaid sufficient to satisfy the arrears to which such lands are liable, together with the reasonable costs of such distress. 85. And be it enacted. That whenever any rent-charge Powers of pavabie under the provisions of this Act shall be in arrear, distress and notwithstanding any apportionment which may have been f"*jV° iT" made of any such rent-charge, every part of the land situate j^nds within in the parish in which such rent-charge shall so be in arrear, the parish and which shall be occupied by the same person who shall be occupied by the occupier of the lands on which such rent-charge so in the owner or arrear shall have been charged, whether such land shall be ^^^^ landlord occupied by the person occupying the same as the owner or holding, thereof, or as tenant thereof, holding under the same land- lord under whom he occupies the land on which such rent^- charge so in arrear shall have been charged, shall be liable to be "distrained upon or entered upon as aforesaid for the pur- pose of satisfying any arrears of such rent-charge, whether chargeable on the lands on which such distress is taken or such entry made, or upon any other part of the land so occu- pied or holden : provided always, that no land shall be liable to be distrained or entered upon for the purpose of satisfying anv such rent-charge charged upon lands which shall have been washed away by the sea, or otherwise destroyed by any natural casualty. 86. And be it enacted. That the several provisions of an Powers of Act passed in the fourth and fifth years of His present Ma- 4 & 5 W. 4. iestv. intituled An Act to amend an Act of the eleventh year of^^ extend to King George the Second, respecting the apportionment of rents, v^der this Act, 98 G & 7 WILLIAM IV. Cap. 71, Provision for the sale of buildings and the sites thereof ren- dered useless or unnecessary by the commu- tation of tithes. Leases of tithes may be surrendered. Tithes due before commu- tation not to be affected. annuities, and other periodical payments, shall extend to all rent-charges payable under this Act. 87. And be it enacted, That if anj^ barns or buildings belonging to any tithe owner having a limited estate or interest therein, which shall have been generally used for the housing of tithes paid in kind, shall be rendered in the whole or in part useless by reason of any commutation of tithes under this Act, it shall be lawful for every such tithe owner (with the consent, nevertheless, of the commissioners, and subject to such directions as they may give, to be signified under their hands and ^eal,) to pull down any such barns or build- ings or any part thereof, and to sell and dispose of the mate- rials, or to sell and dispose of all or any of such barns or buildings, and the site thereof, and either with or without any farm buildings or homesteads thereunto belonging, in such manner as the commissioners may direct ; and upon payment of the consideration money it shall be lawful for every such tithe owner (with such consent as aforesaid) to convey and deliver the premises sold as aforesaid to the purchaser thereof, or to such uses and in such manner as such purchaser shall direct ; and the consideration money in each case shall be paid to such tithe owner, and his receipt shall be a good dis- charge to the purchaser ; and such tithe owner shall lay out and invest the consideration money in such manner and for such trusts as the commissioners shall direct for the benefit of the persons entitled to the said rent-charge. 88. And be it enacted. That it shall be lawful for the lessee being in occupation of any tithes commuted under this Act, by an instrument in writing under his hand and seal, to be made in such form as the commissioners shall direct, and confirmed under their seal, to surrender and make void the lease by which the said tithes are held or enjoyed by such lessee at the time of the commutation, so far as the same may relate to the said tithes ; and it shall be lawful for the com- missioners, by the same instrument, to direct what compen- sation (if any) shall be given by the immediate lessor of any lessee at rack rent so surrendering any lease of any such tithes to such lessee, and what allowance (if any) shall be made by any lessee to his immediate lessor of any such surrendered lease, in consideration of the non-fulfilment of any conditions contained in such lease, and what deduction (if any) shall be made from the rent thenceforth payable by any lessee to his immediate lessor in respect of other hereditaments which may have been included with the said tithes in any such lease ; provided always, that any intermediate lessor to whom any such lease shall have been surrendered shall as regards his immediate lessor be taken to be the lessee in occupation of the tithes included in the said lease. 89. And be it enacted. That nothing in this Act contained , shall affect any right to any tithes which shall have become due before the commutation. G & 7 WILLIAM IV. Cap. 71. 99 90. And be it enacted, That nothing in this Act contained. Act not to ex- unless by special provision to be inserted in some parochial tendto Easter agreement and specially approved by the commissioners, in o^^^^S^' ^^• which case the same shall be valid, shall extend to any jj^g^g^^j p^ Easter offerings, mortuaries or surplice fees, or to the tithes tithes in of fish or of fishing, or to any personal tithes other than the London, or tithes of mills, or any mineral tithes, or to any payment instead *° permanent of tithes arising or growing due within the city oi London, or f^" -c arges = ° , o .' ' . by custom or to any permanent rent- charge or other rent or payment m Act of Parlia- heti of tithes, calculated according to any rate or proportion in ment. the pound on the rent or value of any houses or lands in anv city or town under any custom or private Act of Parliament, or to any lands or tenements the tithes whereof shall have been already perpetually commuted or extinguished under any Act of Parhament heretofore made. 9 1 . And be it enacted. That no advertisement inserted Advertise- by direction of the commissioners or any assistant commis- "^^"t^- *^o^- sioner, or by any tithe o\vner or land owner, in the London award's not to Gazette, or in any newspaper, for the purpose of canying into be liable to effect any provision of this Act, and no agreement, award, stamp duty. or power of attorney made or confirmed or used under this Act, shall be chargeable with any stamp duty. 92. And be it enacted. That the said Commissioners may Correspon- receive and send by the general post from and to places dence of com- in England and Wales all letters and packets relating exclu- "lissioners sively to the execution of this Act fi-ee fi-om the duty of post- Ac-f Jo^be°free^ age, provided that such letters and packets as shall be sent to of postage. the said commissioners be directed to the " Tithe Commis- sioners for E?igland and Wales," at their office in London, and that all such letters and packets as shall be so sent by the said commissioners shall be in covers, with the words " Tithe Commissioners for England a.nd Wales" printed on the same, and be signed on the outside thereof under such words with the name of such person in his own handwriting as the said commissioners, with the consent of the lords commissioners of the treasury- or any three or more of them, shall appoint, (such name to be from time to time sent to the secretary of the ge- neral post office in London,) and be sealed Avith the seal of the said commissioners, and under such other regulations as the said lords commissioners or any three or more of them shaU think fit ; and if the person so to be appointed shall subscribe or seal any letter or packet whatever, except such only con- cerning which he shall receive the special direction of his su- perior officer, or which he shall himself know to relate exclu- sively to the execution of this Act, or if the person so to be appointed, or any other person, shall send or cause to be sent under any such cover any letter, paper, or writing, or any in- closure, other than shall relate exclusively to the execution of this Act, every person so offending shall forfeit and pay the sura of one hundi'ed pounds and be dismissed from his office, one moiety of such penalty shall be paid to the use of His 100 G & 7 WILLIAM IV. Cap. 7L False evidence to be deemed perjury ; with- holding evi- dence a mis- demeanour. Limitation of actions against commis- sioners, assist- ant commis- sioners, jus- tices, &c. Proceedings under this Act not to be quashed for want of form, nor to Majesty, his heirs and successors, and tlie other moiety to the use of the person who shall inform or sue for the same ; and every such penalty may be sued for and recovered in anv of His Majesty's Courts of Record in Westminster. 93. And be it enacted. That if anv person under the pro- visions of this Act shall wilfully give false evidence he shall be deemed guilty of perjury ; and if any person shall make or subscribe a false affidavit or declaration for the purposes of this Act he shall suffer the penalties of perjury; and if anv per- son shall wilfully refuse to attend in obechence to anv lawful summons of any commissioner or assistant commissioner, or to give evidence, or shall wilfully alter, withhold, destroy, or refuse to produce any book, deed, contract, agreement, ac- count, or writing, terrier, map, plan, or survey, or any copy of the same, which may be lawfully required to be produced be- fore the said commissioners or assistant commissioner, he shall be deemed guiltv of a misdemeanor. 94. And be it enacted, Tliat no action or suit shall be com- menced against any commissioner, assistant commissioner, justice of the peace, valuer, umpire, or sui-veyor, for any thing done under the authoritv of this Act, until twenty-one days' notice thereof shall have been given in A^Titing to the party against whom such action or suit is intended to be brought, or after sufficient satisfaction or tender of amends shall have been made to anv partv aggrieved, or after three calendar months shall have expired from the commission of the Act for which such action or suit shall be so brought; and every such action shall be brought, laid, and tried in the county or place where the cause of action shall have arisen, and not in anv other county or place ; and if it shall appear that such notice of action or suit was brought before twenty-one days' notice thereof given as aforesaid, or that sufficient amends were made or tendered as aforesaid, or if any such action or suit shall not be commenced within the time before limited in that behalf, or such action shall be laid in anj^ county or place other than as aforesaid, then the jury shall find a verdict for the defen- dant therein, or the court, upon summary application by mo- tion in any such suit, may dismiss the same against such de- fendant ; and if a verdict shall be found for such defendant, or such suit shall be dismissed upon application as aforesaid, or if the plaintiff in such action or suit shall become nonsuit, or suffer a discontinuance of such action, or if upon any demurrer in such action or suit judgment shall be given for the defendant therein, then such defendant shall have costs, charges, and expenses as between attorney and client. 95. And be it enacted, That no order, adjudication, or pro- ceeding made or had by or before the commissioners or any assistant commissioner under the authority of this Act, or any proceeding to be had touching any offender against this Act, shall be quashed for want of foi-m, or be removed or remove- G & 7 WILLIAM IV. Cap. 72, 73, 74, 75, 76. 10 1 able by certiorari, or any other writ or process, into any of His be removed by Majesty's Courts of Records at Westminster or elsewhere. certiorari. 86. And be it enacted, That this Act shall extend only to Limits of Act. England and Wales. 97. And be it further enacted. That this Act may be Act may be amended, altered, or repealed by any Act or Acts to be passed altered this in this present session of parliament. Cap. LXXIL An Act to impose countervailing Duties of Excise on Mixtures, Compounds, Preparations, and Commo- dities made from or with Spirits removed from Ireland to England or Scotland, or from Scotland to E^igland, and to grant countervailing Drawbacks on the removal of the same ; to repeal the additional Duties of Excise on Licenses to Retailers of Spii-its in the United Kingdom ; and to alter the Laws relating to Distillers and Retailers of Spirits. [13th August, 1836.] Cap. LXXIII. An Act to continue until the First Day of tluly next, and from thence to the End of the then next Session of Parliament, an Act passed in the Fifth and Sixth Years of His present Majestj^ relating to the dis- patch of Business done by the Court of Exchequer in Scotland, [13th August, 1836.] Cap. LXXIV. An Act to abolish certain Offices connected with the Court of Chancery in Ireland, and to provide for the performance of the Duties thereof. [13th August, 1836.] Cap. LXXV. An Act to extend the Jurisdiction and regulate the ^ Proceedings of the Civil Bill Courts in Ireland. [13th August, 1836.] Cap. LXXVI. An Act to reduce the Duties on Newspapers, and to amend the Laws relating to the Duties on Newspa- pers and Advertisements, (a) [13th August, 1836.] "WHEREAS it is expedient to reduce the stamp duties now («) See Riirn's Justice, tit. " Newspapers & Pampiii.ets," and tit. " PniNTERS." 102 6 & 7 WILLIAM IV. Cap. 76. Reduced duties granted on newspapers in lieu of duties repealed. Duties to com- mence on the 15th day of September, 1836. Powers and provisions of existing stamp Acts to extend to the duties granted by this Act. Particulars to be printed on newspapers with supple- ments. Penalty for omission, £20. payable on newspapers in Great Britain and Ireland respec- tively, and to consolidate and amend the laws relating thereto and also to the duties on advertisements : 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 the present Parliament assembled, and by the authority of the same, That in lieu of the stamp duties on newspapers by this Act repealed as herein-after mentioned there shall be granted, raised, levied, and paid unto and for the use of His Majesty, his heirs and successors, in and throughout the United Kingdom of Great Britain and Ireland, the several duties or sums of money set down in figures, or otherwise specified and set forth, in the schedule marked (A.) to this Act annexed ; which said schedule, and every clause, regulation, matter, and thing therein containedj shall be deemed and taken to be part of this Act ; and the said duties hereby granted shall commence and take efl'ect on the fifteenth day of September, one thousand eight hundred and thirty-six, and shall be denominated and deemed to be stamp duties, and shall be under the care and management of the commissioners of stamps and taxes, who are hereby empowered and required to provide and use proper and sufficient dies for expressing and denoting the said duties ; and all the powers, provisions, clauses, regulations, and directions, fines, forfeitures, pains, and penalties, contained in and imposed by the several Acts of Parliament in force relating to the stamp duties, and not re- pealed by this Act, shall be of fvdl force and effect with respect to the duties hereby granted, as far as the same are or shall be applicable, in all cases not hereby expressly provided for, and shall be observed, applied, enforced, and put in execution for the raising, levying, collecting, and securing of the said duties hereby granted and otherwise relating thereto, so far as the same shall not be superseded by and shall be consistent with the express provisions of this Act, as fully and eff'ectually to aU intents and purposes as if the same had been herein re- peated and specially enacted with reference to the said duties hereby granted. 5. And be it enacted. That eveiy sheet or piece of paper which shall be published as a supplement to any newspaper, except the London Gazette and Dublin Gazette respectively, shall be printed with the same title and date as the newspaper to which it shall be or shall purport to be a supplement, v^^ith the addition of the words " supplement to" prefixed to such title ; and upon every such ne-wspaper, except as aforesaid, there shall be printed in conspicuous characters some words clearly indicating that a supplement is published therewith ; and if any sheet or piece of paper shall be published as a sup- plement to any newspaper, such supplement and the newspa- per to which the same shall relate, not having printed thereon respectively the several particulars by this Act required to be printed thereon respectively, and in the manner and form by 6 & 7 WILLIAM IV. Cap. 76. 103 this Act directed, the pubhsher of such newspaper shall for every such sheet or piece of paper so published as a supple- ment, and for every copy thereof, forfeit the sum of twenty pounds ; and if any person shall sell, deliver out, or in any other manner publish any sheet or piece of paper which shall Penalty fcr be or shall purport to be a supplement to any newspaper, publishing without at the same time selling or otherwise publishing and ^^.^^ ^T th delivering therewith the newspaper to which the same shall newspapers, be or purport to be a supplement, every such person so offend- £20. ing shall for every such oftence forfeit the sum of twenty pounds. 6. And be it enacted. That no person shall print or publish, No person to or shall cause to be printed or published, any newspaper be- P|^'"'' °^ P"*^' fore there shall be delivered to the commissioners of stamps pj^pg,. untila and taxes, or to the proper authorized officer at the head declaration be office for stamps in Westminster, Edinburgh, or Dublin respec- made and deli- tively, or to the distributor of stamps or other proper officer vered at the appointed by the said commissioners for the purpose in or for ®'^^'^P omce. the district within which such newspaper shall be intended to be printed and published, a declaration in writing containing the several matters and things herein-after for that purpose specified; that is to say, every such declaration shall set forth the correct title of the newspaper to which the same shall relate, and the true description of the house or building wherein such newspaper is intended to be ^jrinted, and also of the house or building wherein such newspaper is intended to be published, by or for or on behalf of the proprietor thereof, and shall also set forth the true name, addition, and place of abode of every person who is intended to be the printer or to conduct the actual printing of such newspaper, and of eveiy person who shall be a proprietor of such newspaper who shall be resident out of the United Kingdom, and also of every person resident in the United Kingdom who .shall be a pro- prietor of the same, if the number of such last-mentioned per- sons (exclusive of the printer and publisher) shall not exceed two, and in case such number shall exceed two, then of such two persons, being such proprietors resident in the United Kingdom, the amount of whose respective proportional shares in the property or in the profit or loss of such newspaper shall not be less than the proportional share of any other pro- prietor thereof resident in the United Kingdom, exclusive of the printer and publisher, and also where the number of such proprietors resident in the United Kingdom shall exceed two, the amount of the proportional shares or interests of such se- veral proprietors whose names shall be specified in such de- claration ; and every such declaration shall be made and signed by every person named therein as printer or publisher of the newspaper to which such declaration shall relate, and by such of the said persons named therein as proprietors as shall be resident within the United Kingdom; and a declaration of the Fresh declara- like import shall be made, signed, and delivered in like manner '^i°" *o be 104 6 & 7 WILLfAM IV. Cap. 76. made in cer- whenever and so often as any share, interest or property so- tain cases. ever in any newspaper named in any such declaration shall be assigned, transferred, divided, or changed by act of the par- ties or by operation of law, so that the respective proportional shares or interests of the persons named in any such declara- tion as proprietors of such newspaper, or either of them, shall respectively become less than the proportional share or interest of any other proprietor thereof, exclusive of the printer and publisher, and also whenever and so often as any printer, publisher, or proprietor named in any such declaration, or the person conducting the actual printing of the newspaper named in any such declaration shall be changed, or shall change his place of abode, and also whenever and so often as the title of any such newspaper or the printing office or the place of pub- lication thereof shall be changed, and also whenever in any case, or any occasion, or for any purpose, the said commis- sioners, or any officer of stamp duties authorized in that be- half, shall require such declaration to be made, signed, and delivered, and shall cause notice in writing for that purpose to be served upon any person, or to be left or posted at any place mentioned in the last preceding declaration delivered as afore- said, as being a printer, publisher, or proprietor of such news- paper, or as being the place of printing or publishing any Before whom such newspaper respectively ; and every such declaration shall declarations be made before any one or more of the said commissioners, or are to be made. Ijefore any officer of stamp duties or other person appointed by the said commissioners, either generally or specially in that behalf; and such commissioners or any one of them, and such officer or other person, are and is hereby severally and respec- tively authorized to take and receive such declaration as afore- Penaltyifthe g^id ; and if any person shall knowinfflv and wilfully sign and false or defec- ™^^^^ ^"7 such declaration in which shall be inserted or set tive. forth the name, addition, or place of abode of any person as a proprietor, publisher, printer, or conductor of the actual print- ing of any newspaper to which such declaration shall relate, who shall not be a proprietor, printer, or publisher thereof, or from which shall be omitted the name, addition, or place of abode of any proprietor, publisher, printer, or conductor of the actual printing of such newspaper, contrary to the true meaning of this Act, or in which any matter or thing by this Act required to be set forth shall be set forth otherwise than according to the truth, or from which any matter or thing required by this Act to be truly set forth shall be entirely omitted, every such ofiender being convicted thereof shall be deemed guilty of a misdemeanor. Penalty for 7. And be it enacted. That if any person shall knowingly printing or and wilfully print or publish, or shall cause to be printed or publishing a puljlighed, or either as a proprietor or otherwise sell or deliver such declaia- °^* ^"7 newspaper relating to which such declaration as afore- tion not hav- said, containing such matters and things as are required by ing been made, this Act to be therein contained, shall not have been duly £50. 6 & 7 WILLIAM IV. Cap. 76. 105 signed and made and delivered when and so often as by this Act is required, or any other matter or thing required by this Act to be done or performed shall not have been accordingly done or performed, every person in any such case offending shall forfeit for every such act done the sum of fifty pounds for every day on which any such newspaper shall be printed or published, sold or delivered out, before or until such decla- ration shall be signed and made and delivered, or before or until such other matter or thing shall be done or perfoiTned as by this Act is directed ; and every such person shall be dis- abled from receiving any stamped paper for printing such newspaper until such declaration shall be signed and made and delivered, or until such other matter or thing shall be done and performed. 8. And be it enacted, That all such declarations as afore- Declarations to said shall be filed and kept in such manner as the commission- ^^ ^^^'^' ^^^^ ers of stamps and taxes shall direct for the safe custody thereof ; f '^'t'^^'^ ^°tt"^d and copies thereof, certified to be true copies as by this Act is j^j evidence directed, shall respectively be admitted in all proceedings, against the civil and criminal, and upon every occasion whatsoever, touch- persons mak- ing any newspaper mentioned in any such declaration, or ^"S the same, touching any publication matter, or thing contained in any such newspaper, as conclusive evidence of the truth of all such matters set forth in such declaration as are hereby required to be therein set forth, and of their continuance respectively in the same condition down to the time in question, against every person who shall have signed such declaration, unless it shall be proved that previous to such time such person became lunatic, or that previous to the publication in question on such trial such person did duly sign and make a declaration that such person had ceased to be a printer, publisher, or proprietor of such newspaper, and did duly deliver the same to the said commissioners or to such officer as aforesaid, or unless it shall be proved that previous to such occasion as aforesaid a new declaration of the same or a similar nature respectively, or such as may be required by law, was duly signed and made and delivered as aforesaid respecting the same newspaper, in which the person sought to be affected on such trial did not join ; and the said commissioners, or the proper authorized Commis- otficer by whom any such declaration shall be kept according sioners, &c. to to the directions of this Act, shall, upon application in writing IT!"^ , J , , 1 1 . i- 1 1 • • certified copies made to them or him respectively by any person requiring a of declarations copy certified according to this Act of any such declaration as and the same ' aforesaid, in order that the same vaay be produced in any civil to be received or criminal proceeding, deliver such certified copy or cause the ^"^ evidence, same to be delivered to the person applying for the same upon payment of the sum of one shilling, and no more ; and in all proceedings and upon all occasions whatsoever a copy of any such declaration certified to be a true copy under the hand of one of the said commissioners or of any ofiicer in whose pos- session the same shall be, upon proof made that such ccrtifi- 106 6 & 7 WILLIAM IV. Cap. 76. After produc- tion of the declaration, and a news- paper inti- tuled as there- in mentioned, it shall not be necessary to prove the purchase of the paper. Penalty on unauthorized persons giving certificates, and on com- missioners or officers giving false certifi- cates, £100. cate hath been signed with the handwriting of a person described in or by such certificate as such commissioner or officer, and whom it shall not be necessary to prove to be a commissioner or officer, shall be received in evidence against any and every person named in such declaration as a person making or signing the same as sufficient proof of such decla- ration, and that the same was duly signed and made according to this Act, and of the contents thereof ; and every such co])y so produced and certified shall have the same effect for the purposes of evidence against any and every such person named therein as aforesaid, to all intents whatsoever, as if the original declaration of which the copy so produced and certified shaU purjiort to be a copy had been produced in evidence, and been proved to have been duly signed and made by the person appearing by such copy to have signed and made the same as aforesaid ; and whenever a certified copy of any such declara- tion shall have been produced in evidence as aforesaid against any person having signed and made such declaration, and a newspaper shall afterwards be produced in evidence intituled in the same manner as the newspaper mentioned in such declaration is intituled, and wherein the name of the printer and publisher and the place of printing shall be the same as the name of the printer and publisher and the place of printing mentioned in such declaration, or shall purport to be the same, whether such title, name, and place printed upon such newspaper shall be set forth in the same form of words as is contained in the said declaration, or in any form of words varying therefrom, it shall not be necessary for the plaintiff", informant, or prosecutor in any action, prosecution, or other proceeding, to prove that the newspaper to which such action, prosecution, or other proceeding may relate ^as purchased of the defendant, or at any house, shop, or off.ce belonging to or occupied by the defendant, or by his servants or workmen, or where he may usually carry on the business of printing or publishing such newspaper, or where the same may be usually sold ; and if any person, not being one of the said commission- ers or the proper authorized officer, shall give any certificate purporting to be such certificate as aforesaid, or shall presume to certify any of the matters or things by this Act directed to be certified by such commissioner or officer, or which such commissioner or officer is hereby empowered or intrusted to certify ; or if any such commissioner or officer shall knowingly and wilfully falsely certify under his hand that any such decla- ration as is required to be made by this Act was duly signed and made before him, the same not having been so signed and made, or shall knowingly and wilfully falsely certify that any copy of any declaration is a true copy of the declaration of which the same is cei'tified to be such copy, the same not being such true copy, every person so offending shall forfeit the sum of one hundred pounds. 9. And be it enacted. That in any suit prosecution, or pro- 6 & 7 WILLIAM IV. Cai>. 76. 107 ceeding, civil or criminal, against any printer, publisher, or Service of proprietor of any newspaper, service at the house or place l^S'^^ process mentioned in any such declaration as aforesaid as the house or ^ .^ P ^'^^ ° place at which such newspaper is printed or published, or publishtu" intended so to be, of any notice or other matter required or mentioned in directed by this Act to be given or left, or of any summons, the declaration subpoena, rule, order, writ, or process of what nature soever, shall be deemed suitici ^n L SCI'- either to enfore an appearance, or for any other purpose what- ^-^^^^ soever, shall be taken to be good and sufficient service thereof respectively, upon and against every person named in such declaration as the printer, publisher, or proprietor of the newspaper mentioned in such declaration. 10. And be it enacted. That the commissioners of stamps Titles of nevvs- and taxes shall cause to be entered in a book to be kept at the pap«s and head office for stamps in Westminster, Edinhurqh, and Dublin "^."^^^ o , , . , ^ ^ -1 1 -J printers and respectively, the title oi every newspaper registered at the said publishers to respective offices, and also the names of the printers and pub- be entered in lishers thereof as the same appear in the declarations required a book, and by this Act to be made relating to such newspapers respect- Persons to ively, and all persons shall have free liberty to search and ji^gpg^.^ jj inspect the said book from time to time during the hours of businesss at the said offices without pavment of any fee or reward. 13. And be it enacted. That the printer or publisher of Copies of every newspaper printed or published in the city of London, newspapers Edinburgh, or Dublin, or within twenty miles of any of the ^'^'^^' ^^ ^'^'^' said cities respectively, shall, upon evei-y day on which such ^^"^^ . ° . ^ newspaper shall be published or on the day next following of stamps and which shall not be a holyday, between the hours of ten and taxes on three on each day, deliver or cause to be delivered to the commis- penalty of £20, sioners of stamps and taxes or to the proper authorized officer, ^" ,^^^, . at the head office for stamps in one of the said cities respec- evidence tively in or nearest to which such newspaper shall be printed or published, one copy of evei-y such newspaper and of every second or other varied edition or impression thereof so printed or published, with the name and place of abode of the printer or publisher thereof, signed and written thereon after the same shall be printed by his proper hand and in his accustomed manner of signing, or by some person appointed and autho- rized by him for that purpose, and of whose appointment and authority notice in writing, signed by such printer or pub- lisher in the presence of and attested by an officer of stamp duties, shall be given to the said commissioners, or to the officer to whom such copies are to be delievered ; and the printer or pubhsher of every newspaper printed or pubhshed in any otlier place in the United Kingdom shall, upon every day on which such newspaper shall be published, or within three days next following, in like manner between the hours of ten and three, deliver or cause to be delivered to the distributor of stamps or other authorized officej' in whose district such newspaper shall l)c printed or published two copies of every 108 6 & 7 WILLIAM IV. Cap. 76. such newspaper, and of every second or other varied edition or impression thereof so printed or piibhslied, with the name and place of abode of the printer or pubhsher thereof signed and written thereon in manner aforesaid after the same shall be printed, and the same copies shall be carefully kept by the said commissioners, or by such distributor or officer as aforesaid, in such manner as the said commissioners shall direct ; and such printer or publisher shall be entitled to demand and re- ceive from the* commissioners, or such distributor or officer, once in every week, the amount of the ordinary price of the newspapers so delivered ; and every printer and publisher of such newspaper who shall neglect to deliver or cause to be delivered in manner herein-before directed such copy or copies signed as aforesaid, shall for every such neglect respectively forfeit the sum of twenty pounds ; and in case any person shall make application in writing to the said commissioners, or to such distributor or officer as aforesaid, in order that any news- paper so signed as aforesaid may be produced in evidence in any proceeding, civil or criminal, the said commissioners, or distributor or officer, shall, at the expense of the party apply- ing, at any time within two years from the publication thereof, either cause such newspaper to be produced in the court in which and at the time when the same is required to be pro- duced, or shall deliver the same to the party applying for the same, taking according to their discretion reasonable security, at the expense of such party, for returning the same to the said commissioners, or such distributor or officer, within a certain period to be fixed by them respectively ; and in case by reason that such newspaper shall have been previously applied for in manner aforesaid by any other person the same cannot be produced or cannot be delivered according to any subse- quent application, in such case the said commissioners, or such distributor or officer as aforesaid, shall cause the same to be produced or shall deliver the same as soon as they are enabled so to do ; and all copies so delivered as aforesaid shall be evidence against every printer, publisher, and proprietor of every such newspaper respectively in all proceedings, civil or criminal, to be commenced and carried on, as well touching such newspaper as any matter or thing therein contained, and touching any other newspaper and any matter or thing therein contained which shall be of the same title, purport, or effect with such copy so delivered as aforesaid, although such copy may vary in some instances or particulars either as to title, pvu-port, or effect ; and every printer, publisher, and proprietor of any copy so delivered as aforesaid shall to all intents and purposes be deemed to be the printer, publisher, and proprietor respectively of all newspapers which shall be of the same title, purport, or effect with such copies or impressions so delivered as aforesaid, notwithstanding such variance as aforesaid, unless such printer, publisher, or proprietor respectively shall prove that such newswspapcrs were not printed or published by him, 6 & 7 WILLIAM IV. Cap. 76. 109 nor by nor with his knowledge or privity : provided alwavs, Commis- that if any printer or publisher of any newspaper which shall sioners may not be printed and published in the cities of London, Edinburgh, ^ "i^V"^'!!-^'^ or Dublin, or within twenty miles of the said cities respectively, paper with any shall find it more convenient to cause such copies of such distributor, newspaper to be delivered to any other distributor of stamps than the distributor in whose district such newspaper shall be published, and such printer or publisher shall state such matter by petition to the commissioners of stamps and taxes, and pray that he may have liberty to cause such copies to be de- livered to such other distributor as he shall so name at the office of such distributor, it shall be lawful for the said com- missioners to order the same accordingly, and from and after the date of such order the place of publication of such news- paper shall for that purpose only be deemed and taken to be within the district of such other distributor until the same shall be otherwise ordered by the said commissioners. 14. And be it enacted, That at the end of every newspaper, Name of and of any and every supplement sheet or piece of paper, shall printer and be printed the christian name and surname, addition, and place °^"^^ particu- of abode of the printer and publisher of the same, and also a printed on true description of the house or building wherein the same is newspapers, actually printed and published respectively, and the day of the week, month, and year on which the same is published ; and if any person shall knowingly and wilfully print or publish, or cause to be printed or published, any newspaper or supple- ment thereto whereon the several particulars aforesaid shall not be printed, or whereon there shall be printed any false name, addition, place, or day, or whereon there shall be printed any description of the place of printing or publishing such newspaper which shall be dififerent in any respect from the description of the house or building mentioned in the declaration required by this Act to be made relating to such newspaper as the house or building wherein such newspaper is intended to be printed or published, every such person shall for any and every such offence forfeit the sum of twenty pounds. 17. And be it enacted. That if any person shall knowingly Penalty on and wilfully print or publish, or cause to be printed or pub- Persons print- lished, any newspaper on paper not duly stamped according to |"f " ^". '^ ,.' law, or if any person shall knowingly and wilfully sell, utter, \x^\ Scc, news- or expose to sale, or shall dispose of or distribute, any news- ]iapers not paper not duly stamped as aforesaid, or if any person shall ^^^'^y stamped knowingly and wilfully have in his possession any newspaper not duly stamped as aforesaid, every person so offending in any of the cases aforesaid shall for every such news])aper, and for every copy thereof not duly stamped, forfeit the sum of twenty pounds , and moreover it shall be lawful for any officer of stamp duties, or for any person appointed or authorized by the commissioners of stumps and taxes in that behalf, to seize and apprehend any such offender as aforesaid, 110 C & 7 WILLIAM IV. Cap. 76. A printed copy of every pamphlet or paper contain- ing advertise- ments to be brought to the stamp office to be entered, and the duty thereon to be paid. Penalty for neglect to pay duty, £20. and to take him or cause him to be taken before any justice of the peace having jurisdiction where the offence shall be com- mitted, who shall hear and determine the matter in a summary- way ; and if upon conviction such offender shall not imme- diately pay the penalty or penalties in which he shall be con- victed, such justice shall forthwith commit him to prison for any time not exceeding three calendar months nor less than one calendar month, unless such penalty or penalties shall be sooner paid : provided always, that if any such offender as aforesaid shall not be apprehended and proceeded against in the manner herein-before directed, then the said penalty or penalties incurred by any such offence as aforesaid shall be recoverable by any other of the ways and means provided for the recovery of penalties incurred under this Act. 21, And be it enacted. That one printed copy of every pe- riodical literary work or paper (not being a newspaper), con- taining or having published therewith any advertisements or advertisement liable to stamp duty, which shall be published within the cities of London, Edinburgh, or Dublin respectively, or within twenty miles thereof respectively, shall, within the space of six days next after the publication thereof, be brought, together with all advertisements printed therein, or published or intended to be published therewith, to the head office for stamps in Westminster, Edinburgh, or Dublin, nearest to which such literary work or paper shall have been published, and the title thereof, and the christian name and surname of the printer and publisher thereof, with the number of advertise- ments contained therein or published therewith, and any stamp duty by law payable in respect of such advertisements, shall be registered in a book to be kept at such office, and the duty on such advertisements shall be there paid to the receiver genefal of stamps and taxes for the time being, or his deputy or clerk, or the proper authorized officer : and one printed copy of every such literary work or paper as aforesaid which shall be published in any place in the United Kingdom not being within the cities of London, Edinburgh, Dublin, or within twenty miles thereof respectively, shall, within the space of ten days next after the publication thereof, be brought, to- gether with all such advertisements as aforesaid, to the head distributor of stamps for the time being within the district in which such literary work or paper shall be published, and such distributor is hereby required forthwith to register the same in manner aforesaid in a book to be by him kept for that pur- pose, and the duty payable in respect of such advertisements shall be thereupon paid to such distributor ; and if the duty which shall be by law payable in respect of any such adver- tisements as aforesaid shall not be duly paid within the re- spective times and in the manner herein-before limited and appointed for that purpose, the printer and publisher of such literary work or paper, and every other person concerned in the printing or publishing thereof, and the publisher of any 6 & 7 WILLIAM IV. Cap. 76. Ill such advertisements, shall respectively forfeit the sum of twenty pounds for every such offence ; and in any action, in- formation, or other proceeding for the recovery of such pe- nalty, or for the recovery of the duty on any such advertise- ments, proof of the payment of the said duty shall lie upon the defendant. 22. And he it enacted, Tliat upon information given before Justices of any justice of the peace upon the oath of one or more credible ^^^ P^^ce on person or persons (v^'hich oath such justice is hereby em- iiioi''^^t'on powered and required to administer) that there is reasonable grant warrants and probable cause to suspect any person of being or having to search for been at any time within one calendar mouth last preceding in unstamped any way knowingly and wilfully engaged or concerned in print- newspapers, ing, publishing, vending, or otherwise distributing any news- presses ^&c^ paper not duly stamped as required by law, or of being unlaw- used in print- fuUy possessed of any newspapers not duly stamped as aforesaid, ing the same. or that any printing press, engine, machine, types, or other implements or utensils for printing is or are or have been by any person knowingly and wilfully used within the time last aforesaid for the purpose of composing or printing any news- paper not duly stamped as aforesaid, or that any such news- papers are sold or distributed, or kept for sale or distribution, or are unlawfully deposited in any place, then and in every such case it shall be lawful for such justice and he is hereby required, upon the application of any officer of stamp duties, to grant a warrant under his hand, directed to any constable or other peace officer, or any officer of stamp duties, or other person or persons named in such warrant, authorizing and em- powering him or them, with such other person or persons as he or they shall call to his or their assistance, to enter and search in the daytime any house, room, shop, warehouse, out- house, building, or other place belonging to such suspected person, or where such person shall be suspected of being en- gaged or concerned or of having been engaged or concerned in the commission of any such illegal Act as aforesaid, or where any such printing press, engine, machine, types, implements, or utensils suspected to be or to have been used for any such illegal purpose as aforesaid shaU be or be suspected to be, or where any such newspapers as aforesaid are suspected to be sold or distributed, or kept or deposited as aforesaid ; and if upon any such search as aforesaid any newspapers not duly stamped as aforesaid, or any printing press, engine, machine, types, implements, or utensils which shall have been used in printing or publishing any such newspaper as aforesaid within the time last aforesaid, shall be found, it shall be lawful for the person or persons named in such warrant, and his or their assistant or assistants, to seize and take away the same, together with all other presses, engines, machines, types, implements, utensils, and materials for printing belonging to the same person, or which shall be found in the same house, room, shop, warehouse, outhouse, building or place ; and all such 11-2 6 & 7 WILLIAM IV. Cap. 7G. of any search waiTant, con- stables or peace officers may break open doors. ing constables and officers acting in the execution of their duties under this Act, £20. presses, engines, machines, types, implements, utensils, and materials shall be forfeited to the use of His Majesty, and shall be proceeded against to condemnation in His Majesty's Court of Exchequer in England, Scotland, or Ireland respec- tively, in like manner as in the case of any goods seized as forfeited for any breach of the laws relating to His INIajesty's revenues of customs or excise. On refusal of 23. And be it enacted, That upon the execution of any admittance on -warrant granted under this Act, authorizing any search to be the execution ^^(jg jjj j^^v house, room, ship, warehouse, outhouse, building, or other place, if on demand of admittance and notice of any such warrant the door of any such house, room, shop, ware- house, outhouse, building, or other place shall not be forth- with opened, it shall be lawful for the constable or other peace officer having the execution of such warrant, or for any other person or persons to whom such waiTant shall be directed, in the presence of any constable or other peace officer, in the daytime, to break open such door and to enter thereat for the Penalty on purpose of making such search as aforesaid; and if any person persons resist- g^all refuse to permit any constable, peace officer, or officer of stamp duties, or any other person duly authorized in that be- half, to enter into any house, room, shop, warehouse, outhouse, building, or other place, for the purpose of making any search bv or under this Act directed or authorized to be made, or shall resist, obstruct, molest, prevent, or hinder any such con- stable, officer, or person as aforesaid in the making of any such search, or in the execution of any warrant issued under or in pursuance of this Act, or in the seizing or taking away of any goods, chattels, articles, matters, or things which may be lawfully seized or taken, or in the ajiprehending or detain- ing of any offender or other person, who may lawfully be apprehended or detained, or otherwise in the execution of any of the duties, powers, or authorities given to or vested in any such constable, officer, or other person as aforesaid by or under any of the provisions of this Act, every person so offending in any of the seA^eral cases aforesaid shaU forfeit for every such offence the sum of twenty pounds ; and all constables and other peace officers shall be and they are hereby required to cers to aid and be aiding and assisting in the execution of all warrants issued assist in the under this Act ; and if any constable or other peace officer shall neglect or refuse to do or perform any service or duty by this Act required or directed to be done or performed by him, or shall neglect or refuse to aid and assist in the execution of any such warrant as aforesaid, or of any of the provisions of neglect of duty, this Act, upon proper application or notice made or given to him in that behalf, or shall neglect or refuse to execute or serve any warrant or summons granted or issued pursuant to any of the provisions of this Act, every such constable or peace officer shall forfeit ten pounds for every such neglect or refusal. Persons pos- 24. And be it enacted, That it shall be lawful for every sessed of print- Constables and peace offi execution of •warrants. Penalty for refusal or 6 & 7 WILLIAM IV. Cap. 76. 113 person having in his possession any printing press, or any ing presses engine or machine for printing, if he shall think fit, to deliver ro^y give or cause to be delivered in the manner hereinafter mentioned "^^^'ce thereof a notice thereof signed with his own hand in the presence of ^^^g and"'^ and attested by an officer of stamp duties, which notice shall return lists of specify the christian name and surname and place of abode of periodical the person possessed of any such printing press, engine, or Papers for the machine, and a true description of the house or buildine: and ^V" J*"^ ° wnicn sucii place in which the same shall be kept and used for printing ; passes are and every such person who shall give any such notice as afore- used, said shall also at the same time, if he shall think fit, deliver or cause to be delivered in like manner a list of all or any of the periodical papers for the printing of which any such press, engine, or machine is used or intended to be used, and every such person as aforesaid shall afterwards from time to time quarterly, that is to say, within seven days after the first day of Mm-ch, the first day of June, the first day of September, and the first day of December in every year, deliver or cause to be delivered in like manner a similar list of all or any of such periodical papers as aforesaid ; and in the meantime and from time to time as often as such person shall undertake or permit the printing with any such press, engine, or machine as afore- said of any periodical paper not specified in the last quarterly list delivered by such person, he shall, if he shall think- fit, before the commencement of the printing of such last men- tioned paper, or within three days next after any part or number thereof shall be first printed with any such press, engine, or machine as aforesaid, give notice of the printing thereof in manner hereinafter mentioned ; and every such list and notice of papers for the printing of which an}^ such press, engine, or machine is used or intended to be used shall be signed by the person possessed of such printing press, engine, or machine with his own hand, or by some person appointed and authorized by him for that purpose, and of whose ajjpoint- ment and authority notice in writing signed by the person possessed of such press, engine, or machine as aforesaid, in the presence of and attested by an officer of stamp duties, shall be given to the said commissioners, or to the officer to whom such lists as aforesaid are to be delivered ; and every such list and notice of papers printed or to be printed as aforesaid shall specify and set forth the correct title of every such paper, and the name and place of abode of the printer thereof as the same shall appear in the imprint, and also the name and place of abode of the person who shall employ the person possessed of such press, engine, or machine to print or work ofi" such paper, or who shall engage or use any such press, engine, or machine for that purpose ; and every such notice as aforesaid relating to the possession of any printing press, engine, or machine, and also every list or notice of the papers printed or to be printed therewith, shall respectively be delivered to the com- missioners of stamps and taxes, or to some officer appointed by I 114 6 & 7 WILLIAM IV. Cap. 76. Persons who shall give such notice and deliver such list not to be liable to any penalty by reason of printing on unstamped paper any paper specified in such list, unlessprevious notice be given to them by a commissioner or officer of stamp duties of its liability to stamp duty. them to receive the same respectively, at the head office for stamps in Westminster, Edinburgh, or Dublin, according as the person giving any such notice or hst shall reside in England, Scotland, or Ireland, or to the distributor of stamps for the district in vphich such person shall reside. 25. And be it enacted. That no person who shall have duly given such notice as aforesaid of being possessed of any press, engine, or machine for printing, and shall, within the respective periods and in the manner hereinbefore limited and directed for that purpose, have delivered lists and notices of all or any of the periodical papers for the printing of which any such press, engine, or machine shall be used, shall be liable to any penalty or forfeiture under this Act in respect of any paper, the same not being a registered newspaper truly specified in the last quarterly list delivered by such person, or in any notice duly given by him since the delivery of the said list, by reason of such paper having been printed with any such press, engine, or mabhine of the possession of which such notice as aforesaid shall have been given, although such paper may be hahle to stamp duty, and may have been printed on paper not duly stamped, unless the same shall be a registered newspaper, or unless the same shall have been so printed as aforesaid, after notice given by the commissioners of stamps and taxes, or some officer of stamp duties, in the manner hereinafter men- tioned : (that is to say,) provided always, that if a notice signed by any one or more of the commissioners of stamps and taxes, or by any officer of stamp duties, shall be delivered to any person possessed of any such printing press, engine, or machine, or shall be left for him at the j^lace mentioned in any notice given by him as aforesaid as the place of his abode, or the place where such printing press, engine, or machine is used for printing, informing him that any paper is chargeable with stamp duty as a newspaper under this Act, then if the same shall be so chargeable, and such person shall after such notice as aforesaid continue to print such paper, or any subse- quent part or number thereof, or any paper of the hke nature, whether under the same or any different form or title, or if after such notice as aforesaid such person shall permit or suffer any press, engine, or machine belonging to him or in his possession to be used for the printing of any such paper, part, or number as aforesaid, such person shall be liable to all the penalties and forfeitures imposed by this Act for any offence committed against any of the provisions thereof, after such notice as aforesaid, without any further or other notice or caution : provided also, that every person who shall neglect or omit to give any such notice or to deliver any such list as aforesaid in the manner and form and within the time hereinbefore directed and hmited in that behalf, shall be liable to and chargeable with all penalties and forfeitures imposed by this Act for any offence committed against the provisions thereof, without any previous notice or caution whatsoever. 6 & 7 WILLIAM IV. Cap. 76. 115 27. And be it enacted. That all pecuniary penalties under Recovery of this Act may be sued or prosecuted for and recovered for the penalties, use of His Majesty in the name of His Majesty's attorney general or sohcitor general in England or Ireland, or of His Majesty's advocate general or sohcitor general in Scotland, or of the solicitor of stamps and taxes in England or Scotland, or of the solicitor of stamps in Ireland, or of any person autho- rized to sue or prosecute for the same, by writing under the hands of the commissioners of stamps and taxes, or in the name of any officer of stamp duties, by action of debt, bdl, plaint, or information in the court of exchequer at Westminster in respect of any penalty incurred in England, and in the court of exchequer in Scotland in respect of any penalty incurred in Scotland, and in the court of exchequer in Dublin or by civil bill in the court of the recorder, chairman, or assistant barrister within whose local jurisdiction any offence shall have been committed, in respect of any penalty incurred in Ireland, or in respect of any penalt\' not exceeding twenty pounds by infor- mation or complaint before one or more justices of the peace in any part of the United Kingdom, in manner by this Act provided ; and it shall not be lawful for any person other than as aforesaid to inform, sue, or prosecute for any such penalty as aforesaid, except where, in the case of apprehending an offender by any person appointed or authorized by the com- ^ missioners of stamps and taxes in that behalf, it is by this Act otherwise expressly provided and allowed; and it shall be lawful in aU cases for the commissioners of stamps and taxes, either before or after any proceedings commenced for recovery of any such penalty, to mitigate or compound any such penalty as the said commissioners shall think fit, and to stay any such pro- ceedings ^fter the same shall have been commenced, and whether judgment may have been obtained for such penalty or not, on payment of part only of any such penalty, with or without costs, or on payment only of the costs incm-red in such proceeding, or of any part thereof, or on such other tenns as such commissioners shall judge reasonable : pro- vided always, that in no such proceeding as aforesaid shall No Essoign, any essoign, protection, wager of law, nor more than one "c- imparlance be allowed ; and all pecuniary penalties imposed by Application of or incm-red under this Act, by whom or in whose name soever penalties, the same shall be sued or prosecuted for or recovered, shall go and be applied to the use of His Majesty, and shall be deemed to be and shall be accounted for as part of His Majesty's Revenue arising from stamp duties, any thing in any Act contained, or any law or usage to the contrary in anywise notwithstanding : provided always, that it shall be lawful for the commissioners of stamps and taxes, at their discretion, to give all or any part of such penalties as rewards to any person or persons who shall have detected the offenders, or given information which may have led to their prosecution and conviction. i2 116 6 & 7 WILLIAM IV. Cap. 76. Mode of pro- ceeding for the recovery of penalties be- fore justices of the peace. Appeal to sessions. Notice of ap- peal. Sessions may give costs. Persons con- victed to give security on appeal. 28. And be it enacted. That it shall be lawful for any justice of the peace within whose jurisdiction any offence the penalty for which shall not exceed twenty pounds shall be committed against this Act, and such justice is hereby required, upon any information exhibited or complaint made by any person duly authorized in that behalf, to summon the party accused and also the witnesses on either side to be and appear before the said justice or before any other justice of the peace at a time and place to be appointed for that purpose, and whether the party accused shall appear or not it shall be lawful for the said justice or any other justice present at the time and place appointed for such appearance to proceed to examine into the fact, and upon due proof made thereof to the satisfaction of any such justice, either by confession of the party accused or by the oath of one or more credible witness or witnesses, to convict such offender, and to give judgment for the penalty and costs to be assessed by any such justice, and to issue his warrant for levying such penalty and costs, and also the reasonable costs and charges attending the distress, on the goods of such offender, and to cause sale to be made thereof, in case the same shall not be redeemed within five days, ren- dering to the party the overplus, if any ; and where goods sufficient cannot be found to answer such penalty and costs, such justice, or any other justice of the district or place in which such conviction shall take place, shall commit such offender to the common gaol or house of correction, there to remain for any time not exceeding three calendar months nor less than one calendar month, unless such penalty, costs, and charges shall be sooner paid and satisfied ; and if any person shall find himself aggrieved by the judgment of any such justice, it shall be lawful for such person to appeal against the same to the justices at the next general or quarter sessions of the peace for the district or place where the offence shall have been committed which shall be held next after the expiration of ten days from the day on which such conviction shall have been made, of which appeal notice in writing shall be given to the prosecutor or informer seven clear days previous to the first day of such sessions, and it shall be lawful for such justices at such sessions to examine witnesses on oath, and finally to hear and determine such appeal ; and in case any conviction of such justice shall be affirmed it shall be lawful for the justices at such sessions to award and order the person convicted to pay such costs occasioned by such appeal as to them shall seem meet : provided always, that no person convicted before any such justice shall be entitled or permitted to appeal against such conviction in manner aforesaid unless within three days after such conviction made he shall enter into a recognizance, with two sufficient sureties, before such justice, to enter and prosecute such appeal, and to pay the amount of the penalty and costs in which he shall have been convicted, and also such further costs as shall be awarded in case such conviction shall 6 & 7 WILLIAM IV. Cap. 7G. 117 be affirmed on such appeal : provided also, that no such pro- ceedings so to be taken as aforesaid shall be quashed or vacated No certiorari, for want of form, or shall be removed by certiorari, suspension, advocation, or reduction, or by any other writ or process whatsoever, into any superior or other court or jurisdiction in any part of the United Kingdom, any law, statute, or usage to the contrary notwithstanding : And provided also, that it Justices may shall be lawful for any justice of the peace before whom any mitigate person shall be convicted of any offence against this Act to Penalties, mitigate as he shall see fit any pecuniary penalty by this Act imposed in cases where such justice shall see cause so to do ; provided that all reasonable costs and charges incurred as well in discovering as in prosecuting for such offence shall be always allowed over and above the sum to which such penalty should be mitigated, and provided that such mitigation do not reduce the penalty to less than one fourth of the penalty incurred, exclusive of such costs and charges, any thing herein contained to the contrary notwithstanding. 29. And be it enacted. That the justice before whom any Form of con- person shall be convicted of any offence under this Act shall viction. cause the conviction to be made out in the manner and form following, or in any other form of words to the like effect, mutatis mutandis ; (that is to say,) ' County of "j TIE it remembered. That on the to wit. J day of in the year * of our Lord at A. B. ' of was duly convicted before me, C. D. ' Esquire, one of His Majesty's Justices of the Peace for the ' county of in pursuance of an Act passed in the ' seventh year of the reign of King JVilliam the Fourth, inti- ' tuled {title of this Acf], for that the said A. B. [/zere state ' the offence,'] contrary to the form of the Statute in that case ' made and ])rovided, for which offence I do adjudge that the ' said A. B. hath forfeited the sum of ' and [if the justice mitigate the penalty,] which sum of * I do hereby mitigate to the sum of * over and above the sum of v/hich I do allow ' to E. F. for his reasonable costs and expenses in prosecuting ' this conviction. Given under my hand and seal this ' day of 30. And be it enacted. That it shall be lawful for any jus- For compelling tice of the peace to summon any person to appear before such attendance of justice or before any other justice of the peace to give evi- witnesses dence touching any offence against the provisions of this Act ; before justices. and if any person who shall be so summoned shall neglect or refuse to appear, according to the exigency of such summons, at the time and place therein for that purpose named, without reasonable matter of excuse to be stated upon oath and proved to the satisfaction of such justice before whom any in- formation or complaint shall be depending or shall have been 118 6 & 7 WILLIAxM IV. Cap. 77. What shall be deemed srood made touching any such offence as aforesaid, or if such person having appeared shall refuse to give evidence respecting anv such offence or other matter as aforesaid, then every person so offending shall forfeit ten pounds. 31. And he it enacted, That in any proceeding either in any court, or before any justice of the peace, or otherwise, service o pro- ^j^^jgj. ^j^jg j^^.^^ qj. f^j. summoning any party, witness, or other proceedings person in or for the purpose of any such proceeding, it shall under this Act. not be necessaiy that the original or any other process or summons, or any notice, demand, or order whatsoever, should be personally served on the defendant or person to be sum- moned, but it shall be sufficient that such process, summons, notice, demand, or order, or a copy thereof respectively, be left at the last known place of abode of such defendant or per- son to be summoned. Recital of com' missions and reports. Cap. LXXVII. An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and f rales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage. [13th August, 1836.] WHEREAS His Majesty was pleased, on the Fourth day of February and on the sixth day of June in the year one thousand eight hundred and thirty-five, to issue two several Commissions to certain persons therein respectively named, directing them to consider the state of the several dioceses in England and Wales, with reference to the amount of their Revenues, and the more equal distribution of episcopal duties, and the prevention of the necessity of attaching by commendam to bishopricks benefices with cure of souls, and to consider also the state of the several cathedral and collegiate churches in England and Wales, with a view to the suggestion of such measures as may render them conducive to the efficiency of the established church, and to devise the best mode of pro- viding for the cure of souls, with special reference to the resi- dence of the clergy on their respective benefices : and whereas the said Commissioners have, in pursuance of such directions, made four several reports to His Majesty, bearing date re- spectively the seventeenth day of March one thousand eight hundred and thirty-five, and the fourth day of March, the twentieth day of May, and of the twenty-fourth day of June one thousand eight hundred and thirty -six : And whereas the said commissioners have, in their said reports, amongst other things, recommended that commissioners be appointed by par- liament for the purpose of preparing and laying before His Majesty in Council such schemes as shall appear to them to be 6 & 7 WILLIAM IV. Cap. 77. 119 best adapted for carrying into effect the following recommen- dations ; and that His Majest}' in Council be empowered to make orders ratifying such schemes, and having the full force of law ; and that the diocese of Canterbury consist of the county of Kent, (except the Cit}' and Deaneiy of Rochester, and those parishes which it is proposed to include in the dio- cese of London,) and of the parishes of Croydon and Addington, and the district of Lambeth Palace, in the county of Surrey ; and that the diocese of London consist of the city of London and the county of Middlesex, of the parishes of Barking, East Ham, West Ham, Little Ilford, Loiv Layton, Walthamstow , Wanstead, Saint Mary Woodfoi-d, and Chingford, in the county of Essex, all in the present diocese of London ; of the parishes of Charlton, Lee, Lewisham, Greemvich, Woolwich, Eltham, Plumstead, and Saint Nicholas Deptford, in the county of Kent, and Saint Paul Deptford in the counties of Kent and Surrey, all now in the diocese of Rochester ; of the borough of Southioark, and the parishes of Battersea, Bermondsey, Camberwell, Christchurch, Clapham, Lambeth, Rotherhithe, Streatham, Tooting, Graveney, Wandsworth, Merton, Kew, and Richmond, in the county of Surrey and present diocese of Winchester; and of the parishes of Saint Mary Newington, Barnes, Putney, Mortlake, and Wimbledon, in the county of Surrey and in the peculiar jurisdiction of the Archbishop of Canterbury , together with all extra-parochial places locally situate within the limits of the parishes above eimmerated, except the district of Lambeth Palace ; and that the diocese of Winchester be diminished by the transfer of the parish of Addington to the diocese of Canterbury , and of the before- mentioned parishes to the diocese of London ; and that the whole of the parish of Bedminster be transferred from the diocese of Bath and Wells to the diocese of Gloucester and Bristol ; and that the city and deanerv of Bristol be united to the diocese of Gloucester ; and that the southern part of the diocese of Bristol, consisting of the county of Dorset, be transferred to the diocese oi Salisbury ; and that the diocese of Ely be increased by the counties of Huntingdon and Bedford, now in the diocese of Lincoln, by the deaneries of Lynn and Fincham, in the county of Norfolk and diocese of Norwich, and by the archdeaconry of Sudbury in the county of Suffolk and diocese of Norwich, with the exception of the deaneries of Sudbury, Stow, and Hartismere, and by that part of the county of Cambridge which is now in the diocese of Norwich ; and that it be declared that the Scilly islands are within the juris- dictiction of the Bishop of Exeter and of the Archdeacon of Cornwall ; and that the sees of Gloucester and Bristol be united, and that the diocese consist of the present diocese of Glouces- ter, of the city and deanery of Bristol, of the deaneries of Cricklade and Malmesbury in the county of Wilts and now in the diocese of Salisbury, and of the whole of the parish of Bedminster, now in the diocese of Bath and Wells ; and that 123 6 & 7 WILLIAM IV. Cap. 77. to the diocese of Hereford be added the deanery of Bridgnorth, now locally situated between the dioceses of Hereford and Lichfield ; and that those parts of the counties of Worcester and Montgomery which are now in the diocese of Hereford be transferred to the dioceses of Worcester and Saint Asaph and Bangor respectively ; and that the diocese of Lichfield consist of the counties of Stafford and Derby ; and that the diocese of Lincoln consist of the counties of Lincoln and Nottingham ; and that the latter county, now in the diocese and province of York, be included in the province of Canterbury ; and that the diocese of Norwich consist of the counties of Norfolk and Suffolk, except those parts which it is proposed to transfer to the diocese of Ely ; and that the diocese of Oxford be increased by the county of Buckingham, now in the diocese of Lincoln, and by the county of Berks, now in the diocese of Salisbury ; and that the diocese of Peterborough be increased by the county of Leicester, now in the diocese of Lincoln; and that the diocese of Rochester consist of the city and deanery of Rochester, of the county of Essex (excepting the parishes which it is pro- posed to leave in the diocese of London), and of the whole county of Hertford ; and that to the diocese of Salisbury, reduced according to the foregoing propositions, be added the county of Dorset, now in the diocese of Bristol ; and that the diocese of Worcester consist of the whole counties of Worcester and Warwick ; and that the sees of Saint Asaph and Bangor be united, and that the diocese consist of the whole of the two existing dioceses (except that part of the diocese of Saint Asaph which is in the county of Salop) and of those parts of the county of Montgomery which are now in the dioceses of Saint David's and Hereford ; and that the diocese of Llandaff consist of the whole counties of Glamorgan and Monmouth ; and that the diocese of Saint David's be altered by the transfer of those parts of the counties of Montgomery, Glamorgan, and Monmouth, which it is proposed to include in the respective dioceses of Saint Asaph and Bangor and Llandaff; and that the diocese of York consist of the county of York, except such parts thereof as it is proposed to include in the new diocese of ■^ Ripen ; and that the diocese of Durham be increased by that part of the county of Northumberland called Hexamshire which is now in the diocese of York ; and that the sees of Carlisle and Sodor and Man be united, and that the diocese consist of the present diocese of Carlisle, of those parts of Cumberland and Westmoreland which are now in the diocese of Chester, of the deanery of Fumes and Cartmel in the county of Lancas- ter, of the parish of Aldeston, now in the diocese of Durham, and of the Isle of Man ; and that the diocese of Chester consist of the county of Chester, of so much of the county of Flint as is now in that diocese, and of so much of the county of Salop as is not in the diocese of Hereford ; and that the whole diocese be included in the province of York, and that two new sees be erected in the province of York, one at Manchester 6 & 7 WILLIAM IV. Cap. 77. 121 and the other at Ripon ; and that the diocese of Manchester consist of the whole county of Lancaster except the deanery of Fumes and Cartmel ; and that the diocese of Ripon consist of that part of the county of York which is now in the diocese of Chester, of the deanery of Craven, and of such parts of the deaneries of the Ainsty and Pontefract in the county and diocese of York as he to the westward of the following districts : videlicet, the liberty of the Ainsty and the wapentakes of Barkston Ash, Osgoldcross, and Staincrosss ; and that all parishes which are locally situate in one diocese, but under the jurisdiction of the bishop of another diocese, be made subject to the jurisdiction of the bishop of the diocese within which they are locally situate ; and that such variations be made in the proposed boundaries of the different dioceses as may appear advisable, after more precise information respecting the circum- stances of particular parishes or districts ; and that the bishops of the two newly erected sees be made bodies corporate, and be invested with all the same rights and privileges as are now possessed by the other Bishops of England and Wales, and that they be made subject to the metropolitan jurisdiction of the Archbishop of York, and that the collegiate churches of Manchester and Ripon be made the cathedrals, and that the chapters thereof be the chapters of the respective sees of Manchester and Ripon, and be invested with all the rights and powers of other cathedral chapters ,• and that the members of these and of all other cathedral churches in England be styled dean and canons ; that the chapter of Carlisle be the chapter of the united see of Carlisle and Man ; that the bishops of the see of Saint Asaph and Bangor be elected alternately by the dean and' chapter of Sai7it Asaph and by the dean and chapter of Bangor ; that the bishops of the see of Bristol and Glou- cester be elected alternately by the dean and chapter of Bristol and by the dean and chapter of Gloucester ; that power be given to determine the future mode of confirming such acts of the bishop of either of the united sees as may require confirma- tion by a dean and chapter ; and that upon the first avoidance of either of the sees of Saint Asaph or Bangor and of Gloucester or Bristol the bishop of the other of the sees proposed to be united become ipso facto bishop of the two sees, and thereupon become seised and possessed of all the property, advowsons, and patronage belonging to the see so avoided ; and that the jurisdiction of the bishop's court in each diocese be co-exten- sive with the limits of the diocese as newly arranged ; and that such arrangements be made with regard to the apportion- ment of fees payable to the officers of the several diocesan courts as may be deemed just and equitable, for the pui-pose of making compensation to those officers who may be prejudiced by the proposed alterations ; and that such alterations be made in the apportionment or exchange of ecclesiastical patronage among the several bishops as shall be consistent with the relative magnitude and importance of their dioceses when newly 122 6 & 7 WILLIAM IV. Cap. 77. arranged, and as shall afford an adequate quantity of patronage to the bishops of the new sees ; and that, in order to provide for the augmentation of the incomes of the smaller bishopricks, such fixed annual sums be paid to the commissioners out of the revenues of the larger sees respectively as shall, upon due inquiry and consideration, be determined on, so as to leave as an average annual income to the Archbishop of Canterbury fifteen thousand pounds, to the Archbishop of York ten thous- and pounds, to the Bishop of London ten thousand pounds, to the Bishop of Durham eight thousand pounds, to the Bishop of Winchester seven thousand pounds, to the Bishop of Ely five thousand five hundred pounds, to the Bishop of iSt. Asaph and Bangor five thousand two hundred pounds, and to the bishop of Worcester and Bath and Wells respectively five thou- sand pounds ; and that out of the fund thus accruing fixed annual payments be made by the commissioners, in such in- stances and to such amount as shall be in like manner deter- mined on, so that the average annual incomes of the other bishops respectively be not less than four thousand pounds nor more than five thousand pounds ; and that at the expiration of every seven years, reckoning from the first day of January one thousand eight hundred and thirty seven, a new return of the revenues of all the bishopricks be made to the commissioners, and that thereupon the scale of episcopal payments and receipts be revised, so as to preserve, as nearly as may be, to each bishop, an amount of income equivalent to that which shall have been determined in the first instance to be suitable to the circumstances of his bishoprick, and that such revised scale take effect as to each see respectively upon the then next avoidance thereof; and that if, in determining the mode of regulating the episcopal incomes, either in the first instance, or on any future revision of them, it shall be deemed expedient to make the alteration required, in any case, by the subtrac- tion or addition of any real estates, such real estates be trans- ferred accordingly ; and that out of the property of the see of Durham provision be forthwith made for the completion of those augmentations of poor benefices which the late Bishop (meaning thereby the late Right Reverend William Van Mildert,) had agreed to grant, but which he left uncompleted at the time of his death ; and that the bishop of Durham do in future hold the castle of Durham in trust for the university of Durham, and that all expenses of maintaining and repairing the same be defrayed by the university of Durham ; and that so soon as the relative values of the several sees under the new arrangements shall have been ascertained apportionment be made of the sums to be thereafter paid by the respective bishops for first fruits, so as to leave the aggregate amount payable from aU the sees to the bounty of Queen Anne the same as at present; and that the bishops who shall on the present vacancies succeed to the sees of Durham and Ely be relieved from the excess beyond their due proportion payable 6 & 7 WILLIAM IV. Cap. 77. 123 for first fruits, and that the residue of the sums due be paid by the commissioners out of the surplus funds arising from those sees ; and that the tenths to be hereafter payable by the re- spective bishops be regulated by the amount of the first fruits payable under the preceding propositions ; and that none of the proposed alterations affecting the boundaries or jurisdic- tion of any diocese, or the patronage of benefices -with cure of souls, or the revenues belonging to any see the bishop of wliich was in possession on the fourth day of March one thousand eight hundred and thirty six take eflect mitil the avoidance of the see without the consent of such bishop ; and that no eccle- siastical dignity, office, or benefice be in future granted to any bishop to be held in commendam, but that such of the endow- ments of certain prebends in the cathedrals of Lincoln, Lich- field, Exeter, and Salisbury as now belong to the bishops of the respective dioceses continue annexed to the respective sees ; and that fit residences be provided for the bishops of Lincoln Landaff, Rochester, Manchester, Ripon ; and that, for the pur- pose of providing the bishop of any diocese with a more suit- able and convenient residence than that which now belongs to his see, sanction be given for purchases or exchanges of houses or lands, or for the sale of lands belonging to the respective sees, and also, where it may be necessary, for the bor- rowing by any bishop of a sum not exceeding two years income of his see, upon such terms as shaU appear to be fit and proper ; and that the governors of the bounty of Queen Anne be empowered to lend money upon mortgage to such bishops ; and that so much of the sum of six thousand pounds recovered by the late bishop of Bristol for damages done to the episcopal residence at Bristol, and of its accumulations, as may remain after deducting proper expenses, together with the money arising from the sale of the site of such residence, if sold, be applied to the purchase or erection of a residence for the bishop of the see of Bristol and Gloucester ; and that new Archdeaconries of Bristol, Maidstone, Monmouth, IVestmor- land, Manchester, Lancaster, and Craven be created, and that districts be assigned to them ; and that archidiaconal power be given to the dean of Rochester within that part of Kent which, will remain in the diocese of Rochester ; and that the limits of the other existing deaneries and archdeaconries be newly arranged, so that every parish and extra-parochial place be within a rural deanery, and eveiy deanery within an arch- deaconry, and that no archdeaconry extend beyond the limits of one diocese ; and that all the archdeaconries of England and Wales be in the gift of the bishops of the respective dioceses ui which they are situate ; and that all archdeacons have and exercise full and equal jurisdiction within their respective archdeaconries : and whereas it is expedient that the said recommendations should be carried into effect as soon as con- veniently may be : be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the 124 6 & 7 WILLIAM IV. Cap. 77. Commis- sioners incor- porated. Commis- sioners may call and ex- amine witnes- ses, &c., and administer an oath or a de- claration. Commis- sioners to lay schemes be- fore the King in council for carrying into effect their recommenda- tions. Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, That the Lord Archbishop of Canterbury for the time being, the the Lord Archbishop of York and the Lord Bishop of London, for the time being, John Lord Bishop of Lincoln, James Henry Lord Bishop of Gloucester, the Lord High Chancellor of Great Britain, the Lord President of the Council, the Lord High Treasurer or the First Lord of the Treasury, and the Chancel- lor of the exchequer for the time being respectively, and such one of His Majesty's principal Secretaries of State as shall be for that purpose nominated by His Majesty under His Royal Sign Manual, (such Lord Chancellor, Lord President, Lord High Treasurer or First Lord of the Treasury, Chancellor of the Exchequer, and Secretary of State being respectively members of the united church of Great Britain and Ireland,) the Right Honourable Dudley Earl of Harrowby, the Right Honourable Henry Hothouse, and the Right Honourable Sir Herbert Jenner Knight shall for the purposes of this Act be one body politic and corporate by the name of " The Ecclesi- astical Commissioners for England," and by that name shall have perpetual succession and a common seal, and by that name shall and may sue and be sued, and shall have povi^er and authority to take and purchase and hold lands, tenements, and hereditaments, to them, their successors and assigns, for the pui-poses of this Act, the statutes of mortmain, or any other Act or Acts, to the contrary hereof notwithstanding. 9. And be it enacted. That it shall be lawful for the said commissioners, by summons under the hand of the chairman of any such meeting, to require the attendance of any person whom they shall think fit to examine touching any matter within their cognizance, also to make any inquiries, and call for any answers or returns as to any such matter, and also to administer oaths, and examine every such person upon oath and to cause to be produced before them, upon oath, all sta- tutes, charters, grants, rules, regulations, bye laws, books, deeds, contracts, agreements, accounts, and writings whatso- ever, or copies thereof respectively, in anywise relating to any such matter ; or in lieu of requiring such oath as aforesaid, the said commissioners may, if they think fit, require any such person to make and subscribe a declaration of the truth of his examination. 10. And be it enacted. That the said commissioners shall from time to time prepare, and lay before His Majesty in council, such schemes as shall appear to the said commission- ers to be best adapted for carrying into eff'ect the herein-be- fore recited recommendations, and shall in such schemes re- commend and propose such measures as may, upon further inquiry ,'^which the said commissioners are hereby authorized to make, appear to them to be necessary for carrying such recom- mendations into full and perfect eiFect ; provided always, that nothing herein contained shall be construed to prevent the said 6 & 7 WILLIAM IV. Cap. 77. 125 commissioners from proposing in any such scheme such modi- fications or variations as to matters of detail and regulation as shall not be substantially repugnant to any or either of the said recommendations, and in particular that it shall be com- petent to the said commissioners to propose in any such scheme that all parishes, churches, or chapelries, which are locally situate in any diocese, but subject to any peculiar juris- diction other than the jurisdiction of the bishop of the diocese in which the same are locally situate, shall be only subject to the jurisdiction of the bishop of the diocese within which such parishes, churches, or chapelries are locaDy situate. 1 1 . And be it enacted. That the said Commissioners shall For preventing prepare, and lay before His Majesty in council, such scheme appointment as shall appear to the said commissioners to be best adapted ? S^i'p^^en for preventing the appointment of any clergyman not fully acquainted conversant with the Welsh language to any benefice with witli the cure of souls in Wales in any parish the majority of the inha- Welsh lan- bitants of which do not understand the English language. guage. 19. And be it enacted. That all Archdeacons throughout Jurisdiction of England and Wales shall have and exercise full and equal ju- archdeacons, risdiction within their respective archdeacondries, any usage to the contrary notwithstanding. . 20. And whereas it may be expedient to consider the state This Act not and jurisdiction of all the ecclesiastical courts in England and }° affect the Wales; be it enacted. That nothing herein contained, nor ^iiy ihe'*eccle°"s- order of His Majesty in council made under the authority of tical courts for this Act, either for altering the limits of either of the existing one year, provinces or the boundaries of any existing diocese or arch- deaconry, or for uniting any existing sees, or for creating any new bishoprick or archdeaconry, or for appointing any registrar under the provisions of this Act, or for any other purpose whatever, shall for one year after the passing of this Act, or if parliament shall be then sitting till the end of the session of parliament, in any matter affect or be construed to afibct the jurisdiction, power, or authority of any or either of the existing ecclesiastical courts in England or Wales, or the extent or limits thereof, but that, during such period as last aforesaid every such court shall continue in all matters what- soever arising within its present limits to exercise the same jurisdiction as heretofore by law allowed. 26. And whereas by an Act passed in the fifth and sixth Provisions years of His present Majesty, intituled, An Act to provide for applicable to the Regulation of Municipal Co?-porations in England and missioners Wales, provision was made concerning the sale of certain under Munici- ecclesiastical preferments in the patronage of the several mu- pal Reform Act nicipal corporations thereinmentioned, at such time and in to apply to such manner as the commissioners appointed to consider the commissioners etate of the established church in England and Wales, with 5 & 6 W 4 reference to ecclesiastical duties and revenues, should direct ; c. 76. be it enacted, That from and after the passing of this Act the provisions in the said recited Act contained which apply to the 126 6 & 7 WILLIAM IV. Cap. 78, 79. Allowance of sheriffs and jurors. Fines on sheriff, jury, and witnesses for nonattend- ance. said commissioners shall apply and be held to apply to the com- missioners appointed under this Act by the style and itle of " The Ecclesiastical Commissioners for England." Cap. LXXVIII. An Act to enable His Majesty to make regulations for the better defining and establishing the Powers and Jurisdiction of His Majesty's Consuls in the Otto- man Dominions. [1 3th August, 1836.] Cap. LXXIX. An Act for vesting Lighthouses, Lights, and Sea Marks on the Coasts of England in the Corporation of Trinity House of Deptford Stroud; and for making Provisions respecting Lighthouses, Lights, Buoys, Beacons, and Sea Marks, and the Tolls and Duties payable in respect thereof («) . [13th August, 1836.] 14. And be it enacted, That each juryman who shall be summoned, and who shall appear and be ready to be sworn or affirmed upon any such inquest, shall be allowed his reason- able travelling expenses to and from the place of meeting, and that each juryman who shall be sworn or affinned shall, in addition thereto, be allowed for his trouble and subsistence the sum of one pound one shilling for each day's attendance and no more, and that the sheriff, for summoning, returning, and impannelling the jury, and taking and recording their ver- dict and the judgment to be given thereon, shall be allowed the sum of ten pounds and no more, and for his subsistence the further sum of one pound one shilling for each day's at- tendance in addition to his reasonable travelling expenses to and from the place of meeting ; which respective allowances, in case of dispute, shall be determined by two justices of the peace in and for the said county, and shall be paid by the said master, wardens, and assistants, or their order. 15. And be it enacted. That any justice of the peace for the county to the sheriff of which any such precept may be directed may impose any reasonable fine, not exceeding the sum of ten pounds, on such sheriff or any person acting under him or in his behalf respectively making default in the premises, and on any of the persons who shall be summoned and returned on any such jury and shall not appear without sufficient excuse, or appearing shall refuse to be sworn (or, being one of the people called Quakers, to make affinnation) on the said jury, or being so sworn or having so made affirmation shall not give his or their verdict, and also on any person who shall be sum- (a) See Burn's Justice, tit. " Ships.'* G & 7 WILLIAM IV. Cap. 79. 127 moned to give evidence touching any of the matters referred to, and after payment or tender of his or her reasonable tra- velling expenses shall not attend, or attending shall refuse to be sworn or to affirm, or be examined or to give evidence, and on any person who shall in any other manner wilfully ne- glect his duty in the premises contrary to this Act. 17. And be it enacted, That the said verdicts and judg- Verdicts to be ments, and all other proceedings of such sheriff and the juries deemed re- respectively, shall be fairly written on parchment and signed by ^o™^' ^"^ such sheriff, and shall be transmitted to and kept by the clerk evidence of the peace or the person having the custody of the records of the quarter sessions of the county in which or next whereunto such lighthouse shall be situate, and shall be deposited wdth and be records of such quarter sessions ; and the same or copies thereof shall be allowed to be evidence in aU courts whatsoever ; and all persons shall have liberty to inspect the same upon paying for such inspection the sum of five shillings. 61. And whereas it sometimes happens that fires and lights Remedy in are burnt at or caused by kilns, factories, or other works respect of fires, situate on the costs of the United Kingdom, so as to be mistaken ^c. on the at sea for lighthouses, whereby vessels na^^gating alone: or ^'^^^\ which . , rn&v DG mis-* near to the said coasts are exposed to much peril, and it is taken for Ii°-hts expedient that a sure and speedy remedy be provided for such and sea marks, inconvenience; be it therefore further enacted. That if any fire or hght shall at any time hereafter be burnt at or caused by any kiln, factory, furnace, forge, chimney, building, or other work, in such manner and form, or at such times, or in such place on or near to any part of the coasts of the United King- dom, as to be subject and liable to be mistaken at sea for any hghthouse on or near to any part of such coasts for the pro- tection and guidance of vessels, and the owner or other person having the care or management of such kiln, factor^', furnace, forge, chimney, building, or other work shall not, within a reasonable time after notice to that effect shall have been deli- vered to him or them, or left at such kiln, factor)^ fiimace, forge, chimney, building, or other work, by the said master, wardens, and assistants, commissioners or corporation, as the case may be, (such reasonable time to be specified in such no- tice,) take effectual means in order to prevent the fire or light burnt at or caused by the same from being so as aforesaid mistaken at sea for any such lighthouse, eveiy such owTier or other person so ha'sdug the care or management of such kiln, factory, furnace, forge, chimney, building, or other work so making default as aforesaid shall be deemed guilty of a com- mon nuisance, and, over and beside aU other pains and penal- ties by law inflicted upon persons guilty of a common nuisance, shall be subject to a penalty of ten pounds, to be levied and recovered in a summary way before any one or more of His Majesty's justices of the peace acting in and for the county wherein or next whereunto such kiln or factoiy, furnace, 128 6 & 7 WILLIAM IV. Cap. 79. forge, chimney, biiiJding, or other work, shall be situate, upon complaint to him or them in that behalf by the said master, wardens, and assistants, commissioners or corporation, or one of their agents; and such penalty (unless forthwith paid) shall and may be levied by distress and sale, under the warrant of such justice or justices, of the goods and chattels of the person who shall be adjudged guilty of such nuisance, and shall go and be applied (after first defraying thereout the reasonable costs and charges of recovering the same) to or for the use of the parish or union where such offence shall have been com- mitted or such default made, to be applied in aid of the poor rate of such parish or union; and if the owner or other person having the cai'e or management of such kiln, factory, furnace, forge, chimney, building, or other work shall still fail or ne- glect to abate such nuisance for and during the space of seven days next after such penalty shall have been adjudged by or before such justice or justices, then it shall be lawful for the said master, wardens, and assistants, commissioners or corpo- ration, as the case may be, their agents or workmen, there- upon forthwith to enter upon such kiln, factory, furnace, forge, chimney, building, or other work, or the land whereon or near whereto the same may be situated, and, at the expense of such owner or other person, to abate the said nuisance, or take such other convenient measures in regard thereto as to them shall seem meet, in order to prevent the fire or light from time to time burnt at or produced by such kiln, factory, fur- nace, forge, chimney, building, or other work from being so mistaken for any lighthouse (the said master, wardens, and assistants, commissioners or corporation respectively, and their agents and workmen aforesaid, doing no unnecessary damage to the owner or occupier of such kiln, factory, furnace, forge, chimney, building, or other work) ; and the said master, war- dens, and assistants, commissioners or corporation respectively, shall and may recover the expense of so abating such nuisance, or of such other measures so by them taken in regard thereto under the authority of this Act (with treble costs of suit), in any of His Majesty's Courts of Record at Westminster or Dublin, or at the Court of Session in Scotland, by action of debt or on the case, against any one or more of such owners, or against the person having the care or management of such kiln, factory, furnace, forge, chimney, building, or other work; and no conviction, order, direction, or warrant made or pur- porting to be made by virtue of this Act shall be quashed for want of form, or be removed by certiorari or otherwise into any of His Majesty's Courts of Record at Westminster or Dublin, or into the Court of Session in Scotland. Public Act. 65. And be it further enacted. That this Act shall be deemed and taken to be a public Act ; and shall be judicially taken notice of as such by all judges, justices, and others. 6 & 7 WILLIAM IV. Cap. 80, 81, 82, 83, 84, 85. 129 Cap. LXXX. An Act to appoint additional Commissioners for exe- cuting the Acts for granting an Aid by a Land Tax and for continuing the duties on Personal Estates, Offices, and Pensions. [13th August ^ 1836.] Cap. LXXXI. An Act to authorize His Majesty, until Six Months after the Commencement of the next Session of Par- liament, to carry into immediate Execution, by Or- ders in Council, any Treaties, Conventions, or Sti- pulations made with any Foreign Power or State for the Suppression of the Slave Trade. [17th August, 1836.] Cap. LXXXII. An Act to carry, into further Execution an Act for compensating Owners of Slaves upon the Abolition . of Slavery, and for completing the full payment of such Compensation. [17th August, 1836.] Cap. LXXXIII. An Act for the Regulation of the Offices of Vice Trea- surer and Teller of the Exchequer in Ireland. [17th August, 1836.] Cap. LXXXIV. An Act to consolidate and amend the several Acts for the uniform Valuation of Lands and Tenements in Ireland, and to incorporate certain detached Portions of Counties and Baronies with those Counties and Baronies respectively whereto the same may adjoin, or wherein the same are locally situate. [17th August, 1836.] Cap. LXXXV. An Acr for Marriages in England, (a) [17th August, 1836.] WHEREAS it is expedient to amend the law of Marriages in England : Be it enacted by the King's most excellent Majesty, (a) See Bum's Justice, tit. " Marriage." K 130 6 & 7 WILLIAM IV. Cap, 85. After 1st of March 1837 all rules pre- scribed by the rubric to Marriages of Quakers and Jews. by and witli 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 after the first day of March in the year one thousand eight hundred and thirty-seven, notwithstanchng anything in tliis Act contained, all the rules prescribed by the Kubrick concerning the solemnizing of mar- riages shall continue to be didy observed by every person in continue to be holy orders of the Church of England who shall solemnize any observed. man'iage in England : provided always, that where by any law Marriages may qj. canon in force before the passing of this Act it is provided be solemnized ^i ^ ^ marriage mav be solemnized after pubhcation of on production , ^ . ° ' , , .,.,./ of re°-istrar's banns, such marriage may be solemnized m like manner on certificate. production of the registrar's certificate as hereinafter provided; provided also, that nothing in this Act contained shall afifect the right of the Archbishop of Canterbury and his successors, and his and their proper officers, to grant special hcences to marry at any convenient time and place, or the right of any surrogate or other person now having authority to grant licences for marriages. 2. And be it enacted. That the society of friends, com- monly called Quakers, and also persons professing the Jewish religion, may continue to 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 good in law, 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 shall have been given, and the registrar's certificate shall have issued in manner herein -after provided. 3. And be it enacted. That the superintendent registrar of dent registrar births and deaths of every union, parish, or place shall be, in of births to be -^i^i-^i ^f ]^ig office, superintendent registrar of marriages within reg^trar^of '^'^ such union, parish, or place, and that such union, parish, or marriages. place shall be deemed the district of such superintendent registrar of marriages. Notice of every 4. And be it enacted. That in every case of marriage intended mar- intended to be solemnized in England after the said first day of "hrMi\° 'th March according to the rites of the church of England, (unless superintend^ent ^7 licence or by special hcence, or after publication of banns,) registrar of and in every case of marriage intended to be solemnized in England after the said first day of March according to the usages of the Quakers or Jews, or according to any form authorized by this Act, one of the parties shall give notice under his or her hand, in the form of schedule (A.) to this Act annexed, or to the like effect, to the superintendent regis- trar of the district within which the parties shall have dwelt for not less than seven days then next preceding, or if the parties dwell in the districts of different superintendent regis- trars shall give the like notice to the superintendent registrar of each district, and shall state therein the name and surname and the profession or condition of each of the parties intending Superinten- the district. 6 & 7 WILLIAM IV. Cap. 85. 131 marriage, the dwelling place of each of them, and the time not being less than seven days during which each has dwelt therein, and the church or other building in which the marriage is to be solemnized; provided that if either party shall have dwelt in the place stated in the notice during more than one calendar month, it may be stated therein that he or she hath dwelt there one month and upwards. 5. And be it enacted. That the superintendent registrar shall Superinten- file all such notices, and keep them with the records of his dent registrar office, and shall also forthwith enter a true copy of all such . ° ^^^^^ '*^^^ notices fairly into a book, to be for that purpose furnished to him by the registrar general, to be called " The Marriage Notice Book," the cost of providing which shall be defrayed in like manner as the cost of providing register books of births and deaths; and the marriage notice book shall be open at all reasonable times without fee to all persons de- sirous of inspecting the same ; and for every such entry the superintendent registrar shall be entitled to have a fee of one shilling. 6. And be it enacted, That if such superintendent registrar Notices to be shall be clerk to the guardians of any poor law union, or of read at meet- any parish or place comprising the district for which such "!°^ °' »"^''" superintendent registrar shall act, he shall read such notices as herein-after directed; and if he shall not be such clerk, then he shall ' transmit to such clerk on the day previous to each weekly meeting of such guardians all such notices of intended marriage as he shall have received on or since the day previous to the weekly meeting immediately preceding the same ; and such clerk shall read such notices immediately after the minutes of the proceedings of such guardians at their last meeting shall have been read; and such notices shall be so read three several times in three successive weeks at the weekly meetings of such guardians, unless in any case licence for marriage shall be sooner granted, and notice of such licence being granted shall have been given to such clerk: provided also, that if it shall happen that the board of guardians of any such union, parish, or place shall not so meet, it shall be suffi- cient for the purposes of this Act that such notices shall be read at any meeting of such guardians which shall be held within twenty-one days from the day of such notice being entered. 7. And be it enacted. That after the expiration of seven After seven days if the marriage is to be solemnized by licence, or of days, or twenty-one days if the marriage is to be solemnized without ^j^y " p^j-^j^cate licence, after the entry of such notice, the superintendent ^f notice to be registrar, upon being requested so to do by or on behalf of the given upon party by whom the notice was given, shall issue under his demand. hand a certificate in the form of schedule (B.) to this Act annexed, provided that no lawful impediment be shown to the satisfaction of the superintendent registrar why such certificate should not issue, and provided that the issue of such certificate k2 132 6 & 7 WILLIAM IV. Cap. 85. Forms of cer- tificates to be iurnished. Certificates for marriages by licence to be distinguishable from otlier certificates. Issue of super- intendent re- gistrar's cer- tificate may be forbidden. Consent. Superinten- dent registrar may grant licences for marriage. shall not have been sooner forbidden in manner herein-after mentioned by any person or persons authorized in that behalf as herein-after is provided; and every such certificate shall state the particulars set forth in the notice, the day on which the notice was entered, and that the full period of seven days or of twenty-one days (as the case may be) has elapsed since the entry of such notice, and that the issue of such certificate has not been forbidden by any person or persons authorized in that behalf; and for every such certificate the superintendent registrar shall be entitled to have a fee of one shilling. 8. And be it enacted. That the I'egistrar- general shall fur- nish to every superintendent registrar a sufficient number of forms of certificates, the cost of which shall be accounted for by the superintendent registrar to the registrar-general; and in order to distinguish the certificates to be issued for marriages by licence from the certificates to be issued for marriages with- out licence, a water-mark in the form of the word " Licence," in roman letters, shall be laid and manufactured in the sub- stance of the paper on which the certificates to be issued for marriage by licence shall be written or printed; and every certificate to be issued for marriage by licence shall be printed with red ink, and every certificate to be issued for marriage without licence shall be printed with black ink, and such other distinctive marks between the two kinds of certificate shall be used from time to time as shall seem fit to the registrar- general. 9. And be it enacted, That any person authorized in that behalf may forbid the issue of the superintendent registrar's certificate by writing at any time before the issue of such cer- tificate the word "forbidden" opposite to the entry of the notice of such intended marriage in the marriage notice book, and by subscribing thereto his or her name and place of abode, and his or her character, in respect of either of the' parties, by reason of which he or she is so authorized; and in case the issue of any such certificate shall have been so forbidden the notice and all proceedings thereupon shall be utterly void. 10. And be it enacted, That after the said first day of March the like consent shall be required to any marriage in England solemnized by licence as would have been required by law to marriages solemnized by licence immediately before the passing of this Act ; and every person whose consent to a marriage by licence is required by law is hereby authorized to forbid the issue of the superintendent registrar's certificate, whether the marriage is intended to be by licence or without licence. 11. And be it enacted, That after the said first day of March every superintendent registrar shall have authority to grant licences for marriage in any building registered as herein-after provided within any district under his superinten- dence, or in his office, in the form of schedule (C.) to this Act annexed, and for every such licence shall be entitled to 6 & 7 WILLIAM IV. Cap. 85. 133 have of the party requiring the same the sum of three pounds above the value of the stamps necessary on granting such hcence; and every superintendent registrar shall four times in every year on such days as shall be appointed by the registrar- general, make a return* to the registrar-general of every licence granted by him since his last return, and of the particulars stated concerning the paities: provided always, that no super- Superinten- intendent registrar shall grant any such licence until he shall dent registrar have given security by his bond in the sum of one hundred *? ^'^^ ^^'^^" pounds to the registrar general for the due and faitliful execu- tion of his office : provided also, that nothing herein contained Proviso, shall authorize any superintendent registrar to grant any licence for marriage in any church or chapel in which marriages may be solemnized according to the rites of the church of England, or in any church or chapel belonging to the church of England or licensed for the celebration of divine worship according to the rites and ceremonies of the church of England, or any licence for marriage in any registered building which shall not be within his district. 12. And be it enacted. That before any licence for marriage Certificate to shall be granted by any such superintendent registrar one of be given the parties intending maiTiage shall appear personally before °^'°'"^ ^\^^ such superintendent registrar, and in case the notice of such granted intended marriage shall not have been given to such superin- tendent registrar, shall deliver to him the certificate of the superintendent registrar or superintendent registrars to whom such notice shall have been given, and such party shall make oath, or shall make his or her solemn affirmation or declaration instead of taking an oath, that he or she believeth that there is not any impediment of kindred or alliance or other lawful hindrance to the said marriage, and that one of the said parties hath for the space of fifteen days immediately before the day of grant of such licence had his or her usual place of abode within the district within which such marriage is to be solemnized, and where either of the parties, not .being a widower or widow, shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, or that there is no person having authority to give such consent, as the case may be; and all such licences and declarations shall be respectively liable to the same stamp duties as licences for marriage granted by the ordinary of any diocese, and affidavits made in order to procure the same. 13. And be it enacted, That any person, on payment of five Caveat may- shillings, may enter a caveat with the superintendent registrar be lodged with against the grant of a certificate or a licence for the marriage superintendent of any person named therein; and if any caveat be entered '*^^'.^ '^"^ with the superintendent registrar, such caveat being duly gf licence or .signed by or on behalf of the person who enters the same, certificate, together with his or her place of residence, and the ground of objection on which his or her caveat is founded, no certificate 134 6 & 7 WILLIAM IV. Cap. 85. Marriages not to be solem- nized until after 2 1 days after entry of or licence shall issue or be granted until the superintendent registrar shall have examined into the matter of the caveat, and is satisfied that it ought not to obstruct the grant of the certificate or licence for the said marriage, or until the caveat be withdrawn by the party who entered the same ; provided that in cases of doubt it shall be lawful for the superintendent registrar to refer the matter of any such caveat to the registrar general, who shall decide upon the same : provided likewise, that in case of the superintendent registrar refusing the grant of the certificate or licence, the person applying for the same shall have a right to appeal to the registrar general, who shall thereupon either confirm the refusal or direct the grant of the certificate or licence. 14. And be it enacted. That after the said first day oi March no mamage after such notice as aforesaid, unless by virtue of a licence to be granted by the superintendent registrar, shall be solemnized or registered in England until after the expi- notice, unless ration of twenty-one days after the day of the entry of such by licence. New notice required after three months. Superinten- notice as aforesaid ; and no marriage shall be solemnized by the licence of any superintendent registrar or registered until after the expiration of seven days after the day of the entiy of such notice as aforesaid. 15. And be it enacted. That whenever a marriage shall not be had within three calendar months after the notice shall have been so entered by the superintendent registrar, the notice and certificate, and any licence which may have been granted thereupon, and all other proceedings thereupon, shall be utterly void ; and no person shall proceed to solemnize the marriage, nor shall any registrar register the same, until new notice shall have been given, and entry made, and certificate thereof given, at the time and in the manner aforesaid. 16. And be it enacted, That the superintendent's certificate. certificate or licence to be delivered to the person by or before uhom the marriage is solemnized. dent registrar's qj.^ \^ case the parties shall have given notice to the super- intendent of cUfferent districts, the certificate of each superin- tendent, shall be dehvered to the officiating minister, if the marriage shall be solemnized according to the rites of the church of England ; and the said certificate or licence shall be delivered to the registering officer of the people called Quakers for the place where the marriage is solemnized, if the same shall be solemnized according to the usages of the said people ; or to the officer of a synagogue by whom the marriage is registered, if the same shall be solemnized according to the usages of persons professing the Jewish religion ; and in aP other cases shall be delivered to the registrar present at the mamage, as herein-after provided. 17. And be it enacted. That it shall be lawful for the super- dent registrar intendent registrar of any imion, parish, or place, subject to may appoint the approval of the board of guardians thereof, to appoint by writing under his hand such person or persons as he may think fit, with such qualifications as the registrar general, by any general nde, may declare to be necessary, to be a registrar Superinten- registrars of marriages 6 & 7 WILLIAM IV. Cap. 85. 135 or registrars for the jDurpose of being present at marriages to be solemnized by virtue of this Act at which the presence of a registrar is made necessarv, and eveiy such registrar of marriages shall hold his office during the pleasure of the super- intendent registrar by whom he was appointed, or of the registrar general. 18. And be it enacted, That any proprietor or trustee of a Places of wor- separate building, certified according to law as a place of ^^'P "^^Y ^^ religious worship, may apply to the superintendent registrar ^^S'^^*".^ . ^^ of the district, in order that such building may be registered marriages ° for solemnizing marriages therein, and in such case shall therein. deliver to the superintendent registrar a certificate, signed in duplicate by twenty householders at the least, that such building has been used by them during one year at the least as their usual place of public religious worship, and that they are desirous that such place should be registered as aforesaid, each of which certificates shall be countersigned by the pro- prietor or trustee by whom the same shall be delivered ; and the superintendent registrar shall send both certificates to the register general, who shall register such building accordingly in a book to be kept for that purpose at the general register office ; and the registrar general shall indorse on both certi- ficates the date of the registry, and shall keep one certificate with the other records of the general register office, and shall return the other certificate to the superintendent registrar, who shall keep the same with the other records of his office ; and the superintendent registrar shall enter the date of the registry of such building in a book to be furnished to him for that purpose by the registrar general, and shall give a certi- ficate of such registry under his hand, on parchment or vellum, to the proprietor or trustee by whom the certificates are counter- signed, and shall give public notice of the registry thereof by advertisement in some newspaper circulating within the county, and in the London Gazette; and for every such entry, certi- ficate, and publication the superintendent registrar shall receive at the time of the delivery to him of the certificates the sum of three pounds. 19. And be it enacted, That if at any time subsequent to On removal of the registrv of anv building for solemnizing marriae'es therein ^^^^ ^°^' t " .. ^TP^s.tion trip it shall be made to appear to the satisfaction of the registrar new place of general that such building has been disused for the public worship may reUgious worship of the congregation on whose behalf it was be immediately registered as aforesaid, the registrar general shall cause the registered, registry thereof to be cancelled ; provided that if it shall be '"^^^^^ °* *^*^ proved to the satisfaction of the registrar general that the same congregation use instead thereof some other such building for the purpose of public religious worship, the registrar general may substitute and register such new place of worship instead of the disused building, although such new place of worship may not have been used for that purpose during one year then next preceding ; and every application for cancelling the 136 6 & 7 WILLIAM IV. Cap. 85. registry of any such building, or for such substitution and registry of a substituted building, shall be made to the registrar general by or through the superintendent registrar of the dis- trict ; and such cancel or substitution, when made, shall be made known by the registrar general to the superintendent registrar, who shall enter the fact and the date thereof in the book provided for the registry of such buildings, and shall certify and publish such cancel or substitution and registry in manner herein-before provided in the case of the original registry of the disused building ; and for every such substi- tution the superintendent registrar shall receive, at the time of the delivery of the certificate from the party requiring the substitution, the sum of three pounds ; and after such cancel or substitution shall have been made by the registrar general it shall not be lawful to solemnize any marriage in such dis- used building, unless the same shall be again registered in the manner herein-before provided. Marriages may 20. And be it enacted, that after the expiration of the said be solemnized period of twenty-one days, or of seven days if the marriage is by licence, marriages may be solemnized in the registered in such regis tered places, in the presence building: stated as aforesaid in the notice of such marriage. trar and of two witnesses. of some regis- between and by the parties described in the notice and certificate, according to such form and ceremony as they may see fit to adopt : provided nevertheless, that every such marriage shall be solemnized with open doors, between the hours of eight and twelve in the forenoon, in the presence of some registrar of the district in which such registered building is situate, and of two or more credible witnesses ; provided also, that in some part of the ceremony, and in the presence of such registrar and witnesses, each of the parties shall declare, ' I do solemnly declare. That I know not of any lawful ' impediment why I, A. B.-may not be joined in matri- ' mony to C. D.' And each of the parties shall say to the other, * I call upon these persons here present to witness that I ' A. B. do take thee C. D. to be my lawful wedded ' wife [or husband.]' provided also, that there be no lawful impediment to the marriage of such parties. 21. And be it enacted. That any persons who shall object to marry under the provisions of this Act in any such regis- tered building may, after due notice and certificate issued as aforesaid, contract and solemnize marriage at the office and in the presence of the superintendent registrar and some registrar of the district, and in the presence of two witnesses, with open doors, and between the hours aforesaid, making the declaration and using the form of words herein-before provided in the case of marriage in any such registered building. Marriages may be celebrated before the su- perintendent registrar. 6 & 7 WILLIAM IV. Cap. 85. 137 22. And be it enacted, That the registrar shall be entitled Marriage fees for every marriage which shall be solemnized under this Act ^° ^^^ regis- in his ])resence to have from the parties married the sum of '■^'^' ten shillings, if the marriage shall be by hcence, and otherwise the sum of five shillings. 23. And be it enacted. That the registrar shall forthwith Registrar to register every marriage solemnized in manner aforesaid in his register all presence in a marriage register book to be furnished to him '"^""riages so- for that purpose from time to time bv the registrar general, before him in according to the form provided for the registration of mar- books to be riages by an Act made in this present session of Parliament, sent by the intituled An Act for reqistcriaq births, deaths, arid marriaqes registrar in England, the cost of which shall be defrayed in like manner as the cost of providing register books of births and deaths ; and every entry of such marriage shall be signed by the person by or before whom the marriage shall have been solemnized, if there shall be any such person, and by the registrar, and also by the parties married, and attested by two witnesses ; and every such entry shall be made in order from the beginning to the end of the book, 24. And be it enacted. That in every year, on such days as Copies of the shall from time to time be appointed by the registrar general, ^^^"^^ ^^\ within one calendar month from next after the first day of g^ given quar- April, the first day of July, the first da^/ of October, and the terly to the first day of January respectively, every registrar shall make superintendent and deliver to the superintendent registrar of his district a registrar, true copy, certified by him under his hand, according to the form of schedule (D.) to this Act annexed, of all the entries of man-iage in the register book kept by him since the last delivery, and the superintendent registrar shall verify the same, and if found to be correct shall certify the same under his hand to be a true copy ; and if there shall have been no marriage registered since the delivery of the last certified copv, the registrar shall certify the fact, and such certificate shall be delivered to the superintendent registrar as aforesaid, and countersigned by him; and the registrar shall keep safely the said register book until it shall be filled, and shall then deliver it to the superintendent registrar to be kept by him with the records of his office. 25. And be it enacted. That after any marriage shall have Proof of resi- been solemnized it shall not be necessary in support of such ^^^^^ ° v^i- tiGs orconsGnT marriage to give any proof of the actual dwelling of either of not' necessary ' the parties previous to the marriage within the district wherein to establish such marriage was solemnized for the time required by this the marriage. Act, or of the consent of anv person whose consent thereunto is required by law ; nor shall any evidence be given to prove the contrary in any suit touching the validity of such mar- riage. 26. And whereas it is expedient that provision should be Bishops, with made, under proper restrictions, for relieving the inhabitants consent of of populous districts remote from the parish church, or from {icense^'c^peh 138 6 & 1 WILLIAR'I IV. Cap. 85. for the solem- nization of marriages in populous places. Appropriation of fees on mar- riages per- formed in such chapels. any chapel wherein marriages may be lawfully celebrated according to the rites and ceremonies of the church of Eng' land, from the inconvenience to which they may be thereby subjected in the solemnization of their marriages ; be it there- fore enacted. That, with the consent under the hand and seal of the patron and incumbent respectively of the church of the parish or district in which may be situated any public chapel "with or without a chapelry thereunto annexed, or any chapel duly licenced for the celebration of divine service according to the rites and ceremonies of the church of England, or any chapel the minister w'hereof is duly licensed to officiate therein according to the rites and ceremonies of the church of England, or without such consent after two calendar months notice in writing given by the registrar of the diocese to such patron and incumbent respectively, the bishop of the diocese may, if he shall think it necessary for the due accommodation and convenience of the inhabitants, authorize by a licence under his hand and seal the solemnization of marriages in any such chapel for persons residing within a district the limits whereof shall be specified in the bishop's licence, and under such pro- visions as to the amount, appropriation, or apportionment of the dues, and as to other particulars, as to the said bishop may seem fit, and as may be specified in the said Ucence ; provided that it shall be lawful for any patron or incumbent who shall refuse or withhold consent to the grant of any such licence to deliver to the bishop, under his or her hand and seal, a state- ment of the reasons for which such consent shall have been so refused or withholden ; and no such licence shah be granted by anv bishop until he shall have inquired into the matter of such reasons ; and every instrument of consent of the patron and incumbent, or, if such consent be refused or withholden, a copv of the notice under the hand of the registrar, and every statement of reasons alleged as aforesaid by the patron or incumbent, wath the bishop's adjudication thereupon under his hand and seal, shall be registered in the registry of the dio- cese ; and thenceforth and until the said licence be revoked marriages solemnized in such chapel shaU be as valid to all intents and purposes as if the same had been solemnized in the parish church, or in any chapel where marriages might heretofore have been legally solemnized. 27. And be it enacted. That all fees, dues, and other emo- luments on account of the solemnization of marriages which belong to the incumbent or clerk respectively of any church or chapel in any parish or district within which the solemni- zation of marriages shall be authorized as aforesaid shall respectivelv be received, until the avoidance of such church or chapel next after the passing of this Act, for and on account of such incumbent, and, until the vacancy in the office of clerk next after the passing of this Act, for and on account of such clerk, and be paid over to them, except such portion of the fees, dues, or other emoluments as the said bishop of the 6 & 7 WILLIAM IV. Cap. 85. 139 diocese, with the consent of the said incumbent and clerk respectively, shall in such aforesaid licence assign to the minister and clerk respectively of the chapel in which the solemnization of marriages shall be authorized as aforesaid ; and that it shall be lawful for the said bishop in and by such licence, without any such consent, to declare that from and after such next avoidance or vacancy respectively the whole or such part of the fees, dues, and other emoluments on account of the solemnization of marriages in such last-mentioned chapel as shall be specified in such licence, shall be receivable and the same shall thenceforth be received by or for the minister and clerk of such chapel respectively. 28. And be it enacted, That when the said bishop shall Patron or in- authorize the solemnization of marriages in any such chapel cumbent may as aforesaid, without the consent under the hand and seal of ^PP^^ ° ® 1 1 • T • 1 • 1 11 1 1 r 1 /• archbishop the patron and incumbent respectively, it shall be lawiul tor ao-ainst such them or either of them to appeal within one calendar month hcences. to the archbishop of the province, who shall hear the same in a summary manner, and shall make such order confirming, revoking, or varying the licence so given, as to him shall seem meet and expedient, which order shall be registered in the registry of the diocese, and shall be conclusive and binding on all parties whatsoever. 29. And be it enacted. That there shall be placed in some Notice of conspicuous part in the interior of every chapel in respect of ^^^^ licences which such licence shall be ffiven as aforesaid a notice in the .° ?^ ,^ ... in cn3.p6ls. words following : " Marriages may be solemnized in this chapel." 30. And be it enacted. That all provisions which shall from Marriages per- time to time be in force relative to marriages, and to pro- formed in such viding, keeping, and transmitting register books and copies of chapels to be registers of marriages solemnized in any parish church, shall ^^^^ regula- extend to any chapel in which the solemnization of marriages lations as shall be authorized as aforesaid, in the same manner as if the those perforra- same were a parish church, and every thing required by law ^d in parish to be done relating thereto by the rector, vicar, curate, or ^'^^^^ ^^■ churchwardens respectively of any parish church shall be done by the officiating minister, chapelwarden, or other person exercising analogous duties in such chapel respectively. 31. Provided always, and be it enacted. That notwith- Option to standing any such licence as aforesaid to solemnize marriages parties to be in any such chapel, the parties may, if they think fit, have married at their marriage solemnized in the parish church, or in any ^ chapel in which heretofore the marriage of such parties or either of them might have been legally solemnized. 32. And be it enacted. That any such licence or order may Bishop, with at any time be revoked by writing under the hand and seal of consent of the bishop of the diocese, with the consent in writing of the archbishop, archbishop of the province ; and such revocation and consent ""^^ ^.^^^ shall be registered in the registry of the diocese, the registrar 140 6 & 7 WILLIAM IV. Cap. 85. in which case registers to be sent to the incumbent of the parish church. Registrars of dioceses to send to the register office, yearly, lists of licensed cha- pels within their districts. List of all chapels and buildings registered to be printed, Marriages whereof shall notify the same in writing to the minister offici- ating in the chapel, and shall also give public notice thereof by advertiseinent in some newspaper circulating within the county and in the London Gazette, and thenceforth the autho- rity to solemnize marriages in such chapel shall cease and determine. 33. And be it enacted. That in case of the revocation of the licence to solemnize marriages in any such chapel all registers of marriages solemnized therein under such licence which shall be in the custody or possession of the minister of such chapel at the time of such revocation shall forthwith be transmitted to the incumbent or officiating minister of the parish church, and shall thenceforth be preserved, and in all other respects dealt with in the same manner, and be of the same force and vaUdity, to all intents and purposes, as if they had been origi- nally made and deposited with such incumbent or officiating minister ; and that such incumbent or minister shall, when he next transmits to the superintendent registrar copies of the registers of marriages solemnized in such parish church, also therewith transmit copies of all such entries as shall have been made in such first-mentioned registers subsequent to the date of the last entry a copy whereof was transmitted to the super- intendent registrar, and shall also transmit to him one copy of every register book so transmitted to him of which no copy shall have been already transmitted to the superintendent registrar, having first signed his name at the foot of the last entry therein. 34. And be it enacted. That the registrar of every diocese shall within fifteen days after the first day of March, and also within fifteen days after the first day of January in every suc- ceeding year, make out and send through the post office, directed to the registrar general of births, deaths, and mar- riages, at his office, a list of all chapels belonging to the chmxh of England within that diocese wherein marriages may lawfully be solemnized according to the rites and ceremonies of the church of England, and shall distinguish in such list which have a parish, chapelry, or other recognized ecclesias- tical division annexed to them, and which are chapels licensed by the bishop under this Act, and shaU state therein the district for which each of such chapels is licensed according to the description thereof in the licence ; and the registrar general shall in every year make out and cause to be printed a list of all such chapels, and also of all places of public worship registered under the provisions of this Act, and shall state in such list the county and registrar's distnct within which each chapel or registered building is situated, and shall add also the names and places of abode of the registrars and deputy registrars of each district, and of the superintendent registrars ; and a copy of such list shall be sent to every registrar and superintendent registrar. 35. And be it enacted. That everv marriage solemnized 6 & 7 WILLIAM IV. Cap. 8.5. 141 under this Act shall be good and cognizable in like manner as under this Act maiTiages before the passing of this Act according to the cognizable, rites of the church of England. 36. And be it enacted, That it shall be lawful for the Registrar may registrar before whom any marriage is solemnized according ^^^ certain D3.rtinilars of to the provisions of this Act to ask of the parties to be mar- parties ried the several particulars required to be registered touching such marriage. 37. And be it enacted. That every person who shall enter Persons vexa- a caveat with the superintendent registrar against the grant l^^ou^ly eiiter- of any licence or issue of any certificate on grounds which the ji^fjig ^^ (.Qgj.g registrar general shall declare to be frivolous, and that they and damages, ought not to obstruct the grant of the licence, shall be liable for the costs of the proceedings, and for damages to be recovered in a special action upon the case by the party against whose marriage such caveat shall have been entered. 38. And be it enacted. That every person who shall know- Persons ingly and wilfully make any false declaration or sign any snaking false false notice or certificate required by this Act, for the purpose ^^ ^^^-^^^'n of procuring any marriage, and every person who shall forbid perjury, the issue of any superintendent registrar's certificate, by falsely representing himself or herself to be a person whose consent to such marriage is required by law, knowing such repre- sentation to be false, shall suffer the penalties of perjuiy, 39. And be it enacted. That every person who after the Persons un- said first day of March shall knowingly and wilfully solemnize ^V'7 so'^'"- any marriage in England, except by special licence, in any i-iaee's-uiltv of other place than a church or chapel in which marriages may felony. be solemnized according to the rites of the church of England, or than the registered building or office specified in the notice and certificate as aforesaid, shall be guilty of felony (except, in the case of a marriage between two of the society of friends commonly called Quakers, according to the usages of the said society, or between two persons professing the Jewish religion, according to the usages of the Jews) ; and every person who in any such registered building or office shall knowingly and wilfully solemnize any marriage in the absence of a registrar of the district in which such registered building or office is situated shall be guilty of felony ; and every person who shall , knowingly and wilfully solemnize any marriage in England after the said first day of March (except by licence) within twenty-one days after the entry of the notice to the superin- tendent registrar as aforesaid, or if the marriage is by licence within seven days after such entry, or after three calendar months after such entry, shall be guilty of felony. 40. And be it enacted. That every superintendent registrar Supcrinten- who shall knowingly and wilfully issue any certificate for dent registrars marriage after the expiration of three calendar months after ^''^^"ly }^^^- the notice shall have been entered by him as aforesaid, or any o-ulitv'^of ^^ ^' certificate for marriage by licence before the exj)iration of felony. seven days after the entry of the notice, or any certificate for 142 6 & 7 WILLIAM IV. Cap. 85. Limitation of prosecution. Marriages void if unduly solemnized •with the knowledge of both parties. marriage without licence before the expiration of twenty-one days after the entry of the notice, or any certificate the issue of which shall have been forbidden as aforesaid by any person authorized to forbid the issue of the registrar's certificate, or who shall knowingly and wilfully register any marriage herein declared to be null and void, and every registrar who shall knowingly and wilfully issue any licence for marriage after the expiration of three calendar months after the notice shall have been entered by the registrar as aforesaid, or who shall knowingly and wilfully solemnize in his office any marriage herein declared to be null and void, shall be guilty of felony. 41. And be it enacted, That every prosecution under this Act shall be commenced within the space of three years after the ofi'ence committed. 42. And be it enacted. That if any persons shall knowingly and wilfully intermarry after the said first day of March under the provisions of this Act in any place other than the church, chapel, registered building, or office or other place specified in the notice and certificate as aforesaid, or without due notice to the superintendent registrar, or without certificate of notice duly issued, or without licence, in case a licence is necessary under this Act, or in the absence of a registrar or superintendent registrar where the presence of a registrar or superintendent registrar is necessary under this Act, the marriage of such persons, except in any case hereinafter excepted, shall be null and void: provided always, that nothing herein contained shall ex- tend to annul any marriage legally solemnized according to the provisions of an Act passed in the fourth year of His late Majesty George the fourth, intituled An Act for amending the the Laws respecting the Solemnization of Marriages in England. 43. And be it enacted. That if any valid marriage shall be had under the provisions of this Act by means of any wilfully guTltrpartv'to f^l^s notice, certificate, or delaration made by either party to forfeit all pro- such marriage, as to any matter to which a notice, certificate, perty accruing or declaration is herein required, it shall be lawful for His from the mar- Majesty's attorney general or solicitor general to sue for a 4 G^'4^^ ^"vfi forfeiture of all estate and interest in any property accruing 'to the ofi^ending party by such marriage ; and the proceedings thereupon and consequences thereof shall be the same as are provided in the like case with regard to marriages solemnized by licence before the passing of this Act according to the rites of the church of England. 44. And be it enacted. That this Act shall be taken to be part of the said Act for registering births, deaths, and mar- riages, as fully and eff'ectually as if incorporated therewith, and that all the provisions and penalties of the said Act relating to any registrar or register of marriages, or certified copies thereof, shall be taken to extend to the registrars and registers of marriages to be solemnized under this Act, and to the certified copies thereof, so far as the same are applicable thereunto. 4 G.4. c. 76. In cases of fraudulent marriages, the Provisions of registry Act extended to this Act. 6 & 7 WILLIAM IV. Cap. 85. 143 45. And be it enacted. That this Act shall extend only to Extent of Act. England, and shall not extend to the marriage of any of the Royal Family. SCHEDULES TO WHICH THIS ACT REFERS. SCHEDULE (A.) Notice of Marriage. To the Registrar of the District of Hendon in the County of Middlesex. I HEREBY give you Notice, That a marriage is intended to be had, within Three Calendar Months from the Date hereof, between me and the other Party herein named and described ; (that is to say,) Name. Condition. Rank or Profession. Age. Dwell- ing Place. Length of Residence. Church or Building in which Mar. riage is to be solemnized. District and County in which the other Party resides where the Parties dwell in different Districts. JamesSmith. Widower. Carpenter. Of full Age. 16, High street. 23 Dat/6. Sion Chapel, West Street, Stepney, Middlesex. Tonbridge, Kent. Mar. Green. Spinster. Minor. Grove Farm. More than a Month. . Witness my Hand this Sixth Day of May, 1837, (Signed) James Smith. [The Italics in this Schedule to be filled up as the Case may be.] 144 G & 7 WILLIAM IV. Cap. 85. SCHEDULE (B.) Registrar's Certificate. T, John Cox, Registrar of the District of Stepney, in the County of Middlesex, do hereby certify. That on the Sixth Day of May Notice was duly entered in the Marriage Notice Book of the said District of the Marriage intended between the Parties therein named and described, dehvered under the Hand of James Smith, One of the Parties ; (that is to say,) Name, Condition. Rank or Profession. Age. Dwell- ing Place. Length of Residence. Church or Building in which Mar riage is to be solemnized District and County in which the other party dwells when the Parties dwell in different Dis- tricts. James Smith Widower. Carpenter. Of full Age. 16, High street. 23 Days Sion Chapel, West Street, Stepney, Middlesex. Tonbridge, Kent. Mart. Green Spinster. Minor. Grove Farm. More than a Month. Date of Notice entered ^^j^g ^^^^^ ^^ ^j^.^ Certificate has not been Qth May, 1 837. \ forbidden by any Person authorized to for- Date of Certificate given i ^^^ ^^^^ j^^^^ ^^^^^^^^ '21th May, 1837. } Witness my Hand this Twenty -seventh Day of May, One thousand eight hundred and thirty-seven. (Signed) John Cox, Registrar. This Certificate will be void unless the Marriage is solemnized on or before the Sixth Day of August, 1837. [The Italics in this Schedule to be filled up as the Case may be.] 6 & 7 WILLIAM IV. Cap. 85. 145 SCHEDULE (C.) Licence of Marriage, • A.B., Superintendent Registrar of to CD. of and E.F. of sendeth greeting. Whereas ye are minded, as it is said, to enter into a con- tract of marriage under the provisions of an Act made in the seventh year of the reign of His Majesty King WiUiam the Fourth, intituled [here insert the title of this Act'], and are desirous that the same may be speedily and publicly solemnized; and whereas you CD. [or yoM E.F.'] have made and subscribed a declaration under your hand that you believe there is no impediment of kindred or alliance or other lawful hindrance to the said marriage, and that you CD. [or E.F.] have [or has] had your [or his or her] usual place of abode for the space of fifteen days last past within the district of [ ], and that you C. D. [or E. F.], not being a widower [or widow], are [or is] under the age of twenty-one years, and that the consent of G.H., whose consent to your [or his or her] marriage is required by law, has been obtained thereto [or that there is no person having authority to give such consent] : I do hereby grant unto you full licence, according to the authority in that behalf given to me by the said Act, to proceed to solemnize such marriage, and to the registrar of the district of [here insert the name of the district in which the marriage is to he soleinnizecT] to register such marriage according to law ; pro- vided that the said marriage be publicly solemnized in the presence of the said registrar and of two witnesses within three calendar months from the [here insert the date of the entry in the notice book of the superintendent registrar], in the [here describe the building in which the marriage is to he solemnized] , between the hours of eight and twelve in the forenoon. Given under my hand this day of one thousand eight hundred and (Signed) A.B. Superintendent Registrar. SCHEDULE (D.) I John Cox, Registrar of the District of Stepney in the County of Middlesex , do hereby certify, That this is a true Copy of the Entries of Marriage registered in the said District from the Entry of the Marriage of John Wood and Ann Simpson, Number One, to the Entry of the Marriage of James Smith and Martha Green, Number Fourteen. Witness my hand this first day of July 1837. (Signed) John Cox, Registrar. [The Italics in this Schedule to be filled up as the case may be.] L 146 (i & 7 WILLIAM IV. Cap. SG. 52 G. 3 c. 146, 4 G. 4. c. 76. So much of recited Acts as relates to registration of marriages repealed. General regis- try office to be provided in London or Westminster. Lord treasurer or lords com- missioners of His Majesty's treasury to appoint offi- cers and fix salary. Salaries to be paid out of the consohdated fund. Cap. LXXXVI. An Act for registering Births, Deaths, and Marriages, in England, (a) [17th August, 1836.] WHEREAS it is expedient to provide the means for a com- plete register of the births, deaths, and marriages of His Majesty's subjects in England : and whereas an Act passed in the fifty-second year of the reign of His late Majesty King George the Third, intituled A7t Act for the better regxilating Parish and other Registers of Births, Baptisms, Marriages, and Burials in England, and also an Act passed in the fourth year of the reign of His late Majesty King George the Fourth, inti- tuled An Act for amending the Latvs respecting the Solemnization of Marriages in England, are insufficient for the purpose afore- said : 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 Parlia- ment assembled, and bv the authority of the same. That after the first day of March in the year one thousand eight hundred and thirty-seven so much of the said Acts as relates to the registration of marriages shall be repealed. 2. And be it enacted, That it shall be lawful for His Ma- jesty to provide a proper office in London or JVestminster, to be called " The General Register Office," for keeping a re- gister of all births, deaths, and marriages of His Majesty's subjects in England, and to appoint for the said office under the great seal of the United Kingdom a registrar general of births, deaths, and mamages in England, and from time to time at pleasure to remove the said registrar general, and ap- point some other person in his room. 3. And be it enacted. That the lord treasurer or lords com- missioners of His Majesty's Treasury, or any three of them, or the registrar general, subject to the approval of the said lords commissioners, shall appoint from time to time such officers, clerks, and servants as they shall deem necessary to cany on the business of the general registry office, and at pleasure remove them or any of them ; and the said lord treasurer or lords commissioners shall fix the salary of the registrar general, so that the same shall not at any time exceed the sum of one thousand pounds yearly, and shall fix the salaries of the officers, clerks, and servants in fit proportion according to the duties they may have to perform. 4. And be it enacted. That the salaries of the registrar general, and of the said officers, clerks, and servants, and the amount of the sums hereinafter provided to be paid to the superintendent registrars for every entry in the certified copies of the registers, and all expences of carrying on the business of the general registry office not herein otherwise provided for, shall be paid by the said lord treasurer or lords commissioners of His Majesty's treasury out of the consolidated fund of the United Kingdom of Great Britain and Ireland. i^a) See Hum's Justice, tit. " Parish Registers." 6 & 7 WILLIAM IV. Cap. 86. 147 5. And be it enacted. That one of His Majesty's principal Regulations secretaries of state, or the registrar general with the approba- for conduct of tion of such principal secretary, from time to time may make o'^^^rs to be regulations for the management of the said register office, and direction of for the duties of the registrar general, clerks, officers, and secretary of servants of the said office, and of the registrars, deputy re- state, gistrars, and superintendent registrars hereinafter mentioned, in the execution of this Act, so that they be not contrary to the provisions herein contained ; and the regulations so made and approved shall be binding on the said registrar general, clerks, officers, and servants, and on the registrars, deputy registrars, and superintendent registrars. 6. And be it enacted. That the registrar general shall send Annual ab- once in every year to one of the principal secretaries of state a stract of regis- general abstract of the numbers of births, deaths, and mar- ^^'T *-° ^^ ^^^ riages registered during the foregoing year, in such form as „p°I^ tl^p said secretary from time to time shall require ; and every such annual general abstract shall be laid before parliament within one month after receipt thereof, or after the meeting of parliament. 7. And be it enacted, That the guardians of every union Districts to be declared under the provisions of an Act passed in the fifth and formed, and sixth years of His present Majesty, intituled An Act for the registrars and Amendment and better Administration of the Laws relating to the superintendent Poor in England and Wales, and also of every parish or place be°appointed. in which a board of guardians shall have been established 4 & 5 w. 4. under the provisions of the last-named Act, shall, on or before c. 76. the first day of October in this year, if the said board of guar- dians shall have been established before the passing of this Act, or within three calendar months next after the establish- ment of the board, if the said board shall not have been esta- blished before the passing of this Act, divide the union or the parish or place of which they are the guardians into such and so many districts as they, subject to the approval of the regis- trar general, shall think fit ; and every such division when made shall be published by the guardians within the union, parish, or place of which they are guardians, in such manner as the said registrar general shall direct ; and every such dis- trict shall be called by a distinct name, and shall be a regis- trar's district ; and the guardians shall appoint a person, with such qualifications as the registrar general may by any general rule declare to be necessary, to be registrar of births and deaths within each district, and in everv case of vacancy in the office of registrar shall forthwith fill uj) the vacancy ; and the clerk to the guardians of every such union, parish, or place shall, if he shall think fit to accept such office, and have such qualifications as the registrar general may by any general rule declare to be necessary, be the superintendent registrar thereof; and in the event of his refusal or disqualification to act in that capacity, the guardians shall appoint a person, with such qualifications as tlie registrar general mav by any L 2 148 6 & 7 WILLIAM IV. Cap. 86. general rule declare to be necessary, to be tlie superintendent registrar of eacb union, or of such parish or place, and in every case of vacancy of the office of superintendent registrar shall forthwith fill up the vacancy ; and every registrar and superintendent registrar shall hold his office during the pleasure of the registrar general. Officers of 8. Provided always, and be it enacted. That in every case unions, &c. jj^ -wrhich the clerk to the guardians of any union, parish, or •'"^(f h' place, or any other officer of any such union, parish, or place, guardians, &c. shall hold any office under this Act, and shall be removed by to cease under the poor law commissioners from his office in such union, this Act. parish, or place, and in every case in which any registrar or superintendent registrar shall be removed by the registrar general from his office under this Act, notice of such removal shall be forthwith given by advertisement in some newspaper circulating in the county wherein the district for which such officer mav act shall be ; and every such person shall thence- forth cease to hold his office under this Act, and shall be in- capable of being re-appointed thereto : provided also, that the appointment of any officer of any such union, parish, or place to any office under this Act shall be subject to the approval of the poor law commissioners, except as herein-before directed with respect to the cleric to guardians of any such union, parish, or place. Register offices 9. And be it enacted. That the guardians shall provide and to be provided uphold, out of the monies coming to their hands or control as in each union, such guardians, a register office, according to a plan to be approved by the registrar general, for preserving the registers to be deposited therein, as hereinafter provided ; and the care of the said office and the custody of the registers deposited therein shall be given to the superintendent registrar of the union or parish or place having a board of guardians as afore- said. Temporary 10. And be it enacted, That the poor law commissioners registrars and for England and Wales shall, as soon as may be after the superintendent g^j^j ^^st day of October, form all the parishes, townships, r^'dnt^d^f" ^"^ places in England, in or for which a board of guardians parishes not shall not have been then established under the provisions of under the poor the said Act for the amendment of the laws relating to the law Act. poor, into temporary districts, having regard in the formation thereof to the boundaries of parishes and townships, and shall appoint a registrar to each of such temporary districts, subject to being displaced as hereinafter provided ; and the registrar general shall appoint a sufficient number of fit per- sons to be superintendent registrars for such temporary dis- tricts, subject to being displaced as hereinafter provided, and shall appoint the districts which each shall superintend. In case of ^ ^ • ^"^^ ^e it enacted. That in every case in which a board subsequent of guardians shall be established, under the provisions of the unions pre- said Act for the amendment of the laws relating to the poor, vious appoint- \^ qj. foj. ^ny parish, township, or place forming part of any 6 & 7 WILLIAM IV. Cap. 86. 140 temporary district in or for which a registrar or superinten- ments to be dent registrar shall have been previously appointed as last vacated, aforesaid, and as soon as a registrar or registrars shall have been appointed for the districts into which the guardians shall have divided the union or parish or place of which they are guardians as aforesaid, and the clerk of the guardians of such union, parish, or place shall have accepted the office of super- intendent registrar, or the said guardians shall have appointed a superintendent registrar for such districts, in like manner as in the unions formed before the passing of this Act, every such parish or place shall cease to be a part of the temporary district to which it was so annexed by the poor law commis- sioners, and every registrar, deputy registrar, and superin- tendent registrar appointed before the election of such board of guardians as aforesaid in or for such parish, township, or place shall cease to hold their respective offices, so far as relates to such parish, township, or place, unless re-appointed. 12. And be it enacted. That for every district for which a Deputy regis- registrar of births and deaths shall be appointed by the guar- trars to be dians as aforesaid the registrar shall have power, subject to ^PPoi'ited. the approval of such guardians, and for every district for which a registrar shall be appointed by the said poor law commissioners, such registrar shall have power, subject to the approval of such commissioners, to appoint by writing under his hand a fit person to act as his deputy in case of the illness or unavoidable absence of such registrar ; and every such deputy registrar whilst so acting shall have all the powers and duties and be subject to all the provisions and penalties herein declared concerning registrars, and in case of the death of the registrar shall act as registrar until another registrar is ap- pointed ; and every registrar shall be civilly responsible for the acts or omissions of his deputy. 13. And be it enacted. That the appointments of registrars. Appointments deputy registrars, and superintendent registrars, and the dup- to be exempt licates and certified copies of registers hereinafter mentioned, ■,™T' ^'^^'"P shall be exempt from all stamp duties. 14. And be it enacted. That the registrar general shall Register boxes furnish to every superintendent registrar, for the use of the *° ^^ P'^°^^'^^'^- registrars under his superintendence, a sufficient number of strong iron boxes to hold the register books to be kept by such registrar ; and every such box shall be furnished with a lock and two keys, and no more ; and one of such keys shall be kept by the registrar, and the other key shall be kept by the superintendent registrar ; and the register books of each district, while in the custody of the registrar and not in use, shall be always kept in the register box, and the register box shall always be left locked. 15. And be it enacted. That in every case in which any ^^^ books, &c. registar or superintendent registrar shall be removed from or ^° ^^ trans- cease to hold the said office, all register boxes, keys, books, ,^>rnoval of documents, and papers in his possession as such registrar or registrar. 150 6 & 7 WILLIAM IV. Cap. 86. superintendent registrar shall be given as soon as conveniently may be to his successor in office ; and if any person shall refuse to give up any such box, key, books, documents, or papers in such case as aforesaid, it shall be lawful for any justice of the peace for the county or other jurisdiction where such person shall be or reside, upon application made for that purpose, to issue a warrant under his hand and seal for bringing such person before any two justices of the peace for the said county or other jurisdiction, and upon such person appearing, or not being found, it shall be lawful for such justices to hear and determine the matter in a summary way ; and if it shall appear to the justices that any such box, key, books, docu- ments, or papers are in the custody or poAver of any such person, and that he has refused or wilfully neglected to deliver the same, the said justices are herebv required to commit such offender to the common gaol or house of correction for the said county or jurisdiction, there to remain without bail until he shall have delivered up the same, or until satisfaction shall have been given in respect thereof to the person in whose custody the same ought to be ; and the said justices may grant a warrant to search for such box, key, books, documents, or papers, as in the case of stolen goods, in any dwelling house or other premises in which any credible witness shall prove upon oath before them that there is reasonable cause to suspect same to be ; and the same when found shall be delivered to the person in whose custody they ought to be. 16. And be it enacted. That every registrar and deputy registrar shall dwell within the district of which he is registrar or deputy registrar, and shall cause his name, with the addition of registrar or deputy registrar (as the case may be) for the district for which he shall be so appointed to be placed in some conspicuous place on or near the outer door of his own dwelling house ; and the superintendent registrar shall cause to be printed and published in the districts which he shall superintend a list of the name and place of abode of every registrar and deputy registrar under his superintendence. Register books 17. And be it enacted, That the registrar general shall cause to be provided, to be printed on account of the said register-office a sufficient number of register books for making entries of all births, deaths, and marriages of His Majesty's subjects in England, according to the forms of schedules (A.) (B.) (C.) to this Act annexed ; and the said register books shall be of durable ma- terials, and in them shall be printed upon each side of every leaf the heads of information herein required to be known and registered of births, deaths, and marriages respectively ; and every page of each of such books shall be numbered pro- gressively from the beginning to the end, beginning with number one ; and every place of entry shall be also numbered progressively from beginning to the end of the book, be- ginning with number one ; and every entry shall be divided from the following entry by a printed line. Registrar and deputy to dwell in the district and their names and additions to be put on their dwelling houses. 6 & 7 WILLIAM IV. Cap. S6. 151 18. And be it enacted, That the registrar general shall Registrars to furnish to every superintendent registrar, for the use of the register births registrars under his superintendence, a sufficient number of ^" ^^ ^* register books of births and of register books of deaths, and of forms for certified copies thereof, as hereinafter provided, at a reasonable price, to be fixed from time to time by one of His Majesty's principal secretaries of state, the cost whereof shall be borne by the union, parish, or place in or for which the superintendent registrar is appointed, and shall be paid by the guardians or by the churchwardens and overseers (as the case may be), out of the monies coming to their hands or control as such guardians or churchwardens and overseers, to the registrar, and shall be accounted for by him to the registrar general ; and every registrar shall be authorized and is hereby required to inform himself carefully of every birth and every death which shall happen within his district after the said first « day of March, and to learn and register as soon after the event as conveniently may be done, without fee or reward save as hereinafter mentioned, in one of the said books, the particulars required to be registered according to the forms in the said schedules (A.) and (B.) respectively touching every such birth or every such death, as the case may be, which shall not have been already registered, every such entry being made in order from the beginning to the end of the book. 19. And be it enacted, That the father or mother of any Parents or child born, or the occupier of every house or tenement in occupiers of Enrjland in which any birth or death" shall^ happen, after the houses m said first day of March, may, within forty-two days next after ^ deaths the day of such birth or within five days after the day of such happen, and death respectivelv, give notice of such birth or death to the overseers and registrar of the district ; and in case any new-born child or coroners in any dead body shall be found exposed, the overseers of the ^^^^^ °^ found- poor in the case of the new-born child, and the coroner in the °^^ ^^^^ case of the dead body, shall forthwith give notice and infor- bodies, to mation thereof, and of the place where such child or dead give notice to body was found, to the registrar ; and for the purposes of this the registrar. Act the master or keeper of every gaol, prison, or house of correction, or v/orkhouse, hospital, or lunatic asylum, or public or charitable institution, shall be deemed the occupier thereof. 20. And be it enacted. That the father or mother of every Parent or child born in England after the said first day of March, or in occupier of case of the death, illness, absence, or inability of the father or ^"""^.^ required 1 1 • i- 1 1 • 1 • 1 u to give par- mother, the occupier or the house or tenement m wnicli such tjcujars of child shall have been born, shall, within forty-two days next birth so far as after the day of every such birth, give information, upon being known. requested so to do, to the said registrar, according to the best of his or her knowledge and belief, of the several particulars hereby required to be known and registered touching the birth of such child. 21. And be it enacted. That if any child of an English Registry of parent shall be born at sea on board of a British vessel, the ^|. g^^^" "'^" 152 6 & 7 WILLIAM IV. Cap. 86. As to registry after the expi- ration of 42 days from the birth of the child. Births not to be registered captain or commanding officer of the vessel on board of which the said child shall have been born shall forthwith make a minute of the several particulars hereinbefore required to be inserted in the register touching the birth of such child, so far as the same may be known, and the name of the vessel wherein the birth took place, and shall, on the arrival of such vessel in any port of the United Kingdom, or by any other sooner opportunity, send a certificate of the said minute through the post office to the registrar general, who shall file the same, and enter a copy thereof under his hand in a book to be kept for that purpose in " The General Register Office," to be called the " Marine Register Book," and shall keep the said book with the other registers, according to the provisions of this Act. 22. And be it enacted, That after the expiration of forty- two days following the day of the birth of any child it shall not be lawful for any registrar to register such birth, save as hereinafter is next mentioned ; provided that, in case the birth of any child shall not have been registered according to the provisions hereinbefore contained, it shall be lawful for any person present at the birth of such child, or for the father or guardian thereof, at any time within six calendar months next after the birth, to make a solemn declaration of the par- ticulars required to be known touching the birth of such child, according to the best of his or her knowledge and belief, and it shall thereupon be lawful for the said registrar then and there, in the presence of the superintendent registrar, to register the birth of the said child according to the informa- tion of the person making the said declaration ; and in every such case the superintendent registrar before whom the said declaration is made shall sign the entry of the birth as well as registrar, and for every such registry as last aforesaid the superintendent registrar shall be entitled to have a fee of two shillings and sixpence from the person requiring the same to be registered ; and the registrar, over and above the fee here- inafter enacted in respect of every birth registered by him, shall be entitled, unless the delay shall have been occasioned by his default, to have a fee of five shillings from the person requiring the same to be registered ; and no register of births shall be given in evidence to prove the birth of any child wherein it shall appear that forty-two days have intervened between the day of the birth and the day of the registration of the birth of such child, unless the entry shall be signed by the superintendent registrar ; and every person who shall knowinglv register or cause to be registered the birth of any child, otherwise than hereinbefore is last mentioned, after the expiration of forty-two days following the day of the birth of such child, shall forfeit and pay for every such offence a sum not exceeding fifty pounds. 23. And be it enacted. That after the expiration of six calendar months following the birth of any child it shall not 6 & 7 WILLIAM IV. Cap. 86. 153 be lawful for any registrar to register the birth of such child, after six and no register of births, except in the case of children born months. / at sea, shall be given in evidence to prove the birth of any child wherein it shall appear that six calendar months have intervened between the day of the birth and the dav of the registration of the birth of such child ; and eveiy person who shall knowingly register or cause to be registered the birth of any child after the expiration of six calendar months following the day of the birth of such child shall forfeit and pay for every such offence a sum not exceeding fifty pounds. 24. And be it enacted. That if any child born in England Name given whose birth shall have been registered as aforesaid shall, ^" baptism within six calendar months next after it shall have been so ["^Y t>e regis- , , . ^ . . , . , tered within registered, have any name given to it in baptism, the parent gj^ months or guardian of such child, or other person procuring such name after registra- to be given, may, within seven days next after such baptism, tion of birth, procure and deliver to the registrar or superintendent registrar, in whose custody the register of the birth of the child may then happen to be, a certificate, according to the form of schedule (G.) to this Act annexed, signed bvthe minister who shall have performed the rite of baptism, which certificate such minister is hereby required to deliver immediately after the baptism, whenever the same shall be then demanded, on payment of the fee of one shilling, which he shall be therefore entitled to receive ; and the said registrar or superintendent registrar, upon receipt of such certificate and on payment of the fee of one shilling, which he shall be therefore entitled to receive, shall, without any erasure of the original entry, forth- with register therein that the child was baptized by such name, and the registrar shall thereupon certify upon the said certificate the additional entry so made, and shall forthwith send the said certificate through the post oflace to the registrar genera] . 25. And be it enacted. That some person present at the Some person death or in attendance during the last illness of e\'ery person Present at dying in England after the said first day of March, or in case "!^^^"' '^'' °^^^- of the death, Dlness, inability, or default of all such persons, required to the occupier of the house or tenement, or if the occupier be give particulars the person who shall have died, some inmate of the house or of death, so tenement in which such death shall have happened, shall, *'"" ^® '^"°^"' • within eight days next after the day of such death, give in- formation, upon being requested so to do, to the said registrar, according to the best of his or her knowledge and belief, of the several particulars hereby required to be known and re- gistered touching the death of such person : provided always. Registrar to that in every case in which an inquest shall be held on any make entry of dead body the jury shall inquire of the particulars herein ^"^'"» °* j"''y required to be registered concerning the death, and the hfn^uests™"^'^^ coroner shall inform the registrar of the finding of the jury, and the registrar shall make the entry accordingly. 26. And be it enacted. That if any of His Majesty's English Registry of 154 6 & 7 WILLIAM IV. Cap. 86. persons dying at sea. Registrar to give certificate of registry of deathi to un- dertaker, who shall dehver the same to the minister or officiating person. Coroner may order body to be buried, and give certificate thereof. No dead body to be buried, without certi- ficate of regis- try or of inquest, penalty, 10/. Register to be signed by the informant. Registrars to make out accounts quarterly. subjects shall die at sea on board of a British vessel, the cap- tain or commanding officer of the vessel on board of which such death shall have happened shall forthwith make a minute of the several particulars herein-before required to be inserted in the register touching such death, so far as the same may be known, and the name of the vessel wherein the death took place, and shall, on the arrival of such vessel in any port of the United Kingdom, or by any other sooner opportunity, send a certificate of the said minute through the post-office to the Registrar General, who shall file the same, and enter a copy thereof under his hand in the marine register book, and keep the same with the other registers, according to the pro- visions of this Act. 27. And be it enacted. That every registrar, immediately upon registering any death, or as soon thereafter as he shall be required so to do, shall, without fee or reward, deliver to the undertaker or other person having charge of the funeral a certificate under his hand, according to the form of schedule (E.) to this Act annexed, that such death has been duly regis- tered, and such certificate shall be delivered by such under- taker or other person to the minister or officiating person who shall be required to bury or to perform &xij religious service for the burial of the dead body, and if any dead body shall be buried for which no such certificate shall have been so delivered, the person who shall bury or perform any funeral or any religious service for the burial shall forthwith give notice thereof to the registrar : provided always, that the coroner, upon holding any inquest, may order the body to be buried, if he shall think fit, before registry of the death, and shall in such case give a cer- tificate of his order in writing under his hand, according to the form of schedule (F.) to this Act annexed, to such under- taker or other person having charge of the funeral, which shall be dehvered as aforesaid ; and every person who shall bury or perform anv funeral or any religious service for the burial of any dead body for which no certificate shall have been duly made and delivered as aforesaid, either by the registrar or coroner, and who shall not within seven days give notice thereof to the registrar, shall forfeit and pay any sum not exceeding ten pounds for every such offence. 28. And be it enacted, That every person by whom the information contained in any register of birth or death under this Act shall have been given shall sign his name, description, and place of abode in the register ; and no register of birth or death according to this Act shall be given in evidence which shall not be signed by some person professing to be the infor- mant, and to be such party as is herein required to give such information to the registrar. 29. And be it enacted. That every registrar shall make out an account four times in every .year of the number of births and deaths which he shall have registered since the last quar- terly account, and the superintendant registrar shall verify and G & 7 WILLIAM IV. Cap. 86. 155 sign the same ; and the guardians or overseers of the parish, township, or place in or for -which he shall be registrar, on production of the said account so verified and signed, shall pay- to the said registrar, out of the monies in their hands or power as such guardians or overseers, such sums as he shall be Guardians or entitled to receive on the said account according to the fol- overseers to lowing scale ; (that is to say,) for the first twenty entries of ^'^^ leg'strars. births and deaths in everv vear which he shall have registered, whether the same be of births or of deaths indiscriminately, two shillings and sixpence each, and one shilling for every subsequent entry of births or deaths in each year ; and in the case of an union the said several sums shall be charged to the account of the parishes in which such births or deaths respectively shall have occurred. 30. And be it enacted. That the registrar general shall fur- Marriage regis- nish or cause to be furnished to the rector, vicar, or curate, of ter books to every church and chapel in England wherein marriages may ^ W^^^ ^ ■ lawfully be solemnized, and also to every person whom the recording clerk of the society of friends commonly called Quakers, at their central ofiice in London, shall from time to time certify in writing under his hand to the registrar general to be a registering officer in England of the said society, and and also to every person whom the president for the time being of the London committee of deputies of the British Jews shall from time to time certify in writing under his hand to the registrar general to be the secretary of a synagogue in England of persons professing the Jewish religion, a sufficient number in duplicate of marriage register books, and forms for certified copies thereof, as hereinafter provided ; and the cost of all such books and forms shall be paid by the churchwardens and overseers of the parish or chapelry out of the monies in their hands as such churchwardens and overseers, or by the registering officer or secretary respectively to whom the same shall be furnished. 31. And be it enacted, that every clergyman of the church Marriage regis- of England, immediately after every office of matrimony so- ters to be kept lemnized by him, shall register in duplicate in two of the '" duplicate. marriage register books the several particulars relating to that marriage according to the form of the said schedule (C.) ; and every such registering officer of the quakers, as soon as con- veniently may be after the solemnization of any marriage between two quakers in the district for which he is registering officer, and every such secretary of a synagogue, immediately after every marriage solemnized between any two persons professing the Jewish religion, of whom the husband shall Ijelong to the synagogue whereof he is secretary, shall register or cause to be registered in duplicate in two of the said mar- riage register books the several particulars relating to that marriage according to the form of the said schedule (C.) ; and every such registcsring officer or secretary, whether he shall or shall not be present at such marriage, shall satisfy himself that 156 6 & 7 WILLIAM IV. Cap. 86. the proceedings in relation thereto have been conformable to the usages of the said society, or of the persons professing' the Jewish religion, as the case may be ; and every such entry as hereinbefore is mentioned (whether made by such clerg}'^- man or by such registering officer or secretary respectively as aforesaid) shall be signed by the clergyman or by the said registering officer or secretary, as the case may be, and by the parties married, and by two witnesses, and shall be made in order from the beginning to the end of each book, and the number of the place of entry in each duplicate marriage register book shall be the same. Certified copies 32. And be it enacted. That in the months of April, July, of registers of October, and Januarrj, on such days as shall from time to time births and -^^ appointed by the registrar general, every registrar shall sent quarterly ™^1^G) arid deliver to the superintendent registrar of his dis- and the regis- trict, on durable materials, a true copy, certified by him under ter books when his hand according to the form of schedule (D.) to this Act filled, to the annexed, of all the entries of births and deaths in the register re^^t'" ^^ ^'^ book kept by him since the last certificate, the first of such certificates to be given in the month of July in the year one thousand eight hundred and thirty-seven, and to contain all the entries made up to that time ; and the superintendent registrar shall verifv the same, and if found to be correct shall certify the same under his hand to be a true copy ; and if there shall have been no birth or death registered since the delivery of the last certificate the registrar shall certify the fact, and such certificate shall be delivered to the superinten- dent registrar as aforesaid, and countersigned by him ; and the registrar shall keep safely each of the said register books imtil it shall be filled, and shall then deliver it to the superin- tendent registrar, to be kept by him with the records of his office. Duplicates and 33. And be it enacted. That the rector, vicar, or curate of certified copies every such church and chapel, and every such registering of registers of officer and secretary shall, in the months of April, July, Octo- be sent' to ^^^' ^^^^ January respectively, make and deliver to the super- superintendent intendent registrar of the district in which such church or registrar. chapel may be situated, or which may be assigned by the registrar general to such registering officer or secretary, on durable materials, a true copy certified by him under his hand of all the entries of marriages in the register book kept by him since the last certificate, the first of such certificates to be given in the month of July one thousand eight hundred and thirty-seven, and to contain all the entries made up to that time, and if there shall have been no marriage entered therein since the last certificate, shall certify the fact under his hand, and shall keep the said marriage register books safely until the same shall be filled ; and one copy of every such register book, when filled, shall be delivered to the super- intendent registrar of the district in which such church or chapel may be situated, or which shall have been assigned as 6 & 7 WILLIAM IV. Cap. 86. 157 aforesaid to such registering officer or secretary, and the other copy of every such register book kept by any such rector, vicar, or curate shall remain in the keeping of such rector, vicar, or curate, and shall be kept by him with the registers of baptisms and burials of the parish or chapelry within which the marriages registered therein shall have been solem- nized ; and the other copy of every such register book of marriages among the people called Quakers, and among per- sons professing the Jewish religion respectively, shall remain under the care of the said people or persons respectively, to be kept with their other registers and records, and shall, for the purposes of this Act, be still deemed to be in the keeping of the registering officer or secretary for the time being respec- tively. 34. And be it enacted, That every superintendent regis- Superinten- trar shall, four times in every year, on such days as shall be ^^'^^ registrars therefore named by the registrar general, send to the registrar g° j^" ■^^'^ l" general all the certified copies of the registers of births, deaths, registers to and marriages which he shall have so received during the the general re- three calendar months next preceding such quarterly days of gister office, transmission respectively ; and if it shall appear, by interrup- tion of the regular progression of numbers or otherwise, that the copy of any part of any book has not been duly delivered to him, he shall procure, as far as possible, consistently with the provisions of this Act, that the same may be remedied and supplied ; and every such superintendent registrar shall be entitled to receive the sum of two-pence for every entry in such certified copies ; and every superintendent registrar shall make out an account four times in every year of the number of entries in the certified copies sent to him during the last quarter, and the certified copies so sent to the general registry office shall be thereafter kept in the said office in such order and manner as the registrar general, under the direction of the secretary of state, shall think fit, so that the same may be most readily seen and examined. 35. And be it enacted. That every rector, vicar, or curate. Searches may and every registrar, registering officer, and secretary, who be made, and shall have the keeping for the time being of any register book certificates of births, deaths, or marriages, shaU at all reasonable times ^'J^" ^.^ _ allow searches to be made of any register book in his keeping, jno- the and shall give a copy certified under his hand of any entry or registers, entries in the same, on payment of the fee herein- after men- tioned ; (that is to say,) for every search extending over a period not more than one year the sum of one shilling, and sixpence additional for every additional year, and the sum of two shillings and sixpence for every single certificate. 36. And be it enacted. That every superintendent registrar Indexes to be shall cause indexes of the register books in his office to be made at the made, and kept with the other records of his office ; and that ^upermtendent every person shall be entitled at all reasonable hours to search q^^.^ ^^^ the said indexes, and to have a certified copy of any entry or persons 158 6 & 7 WILLIAM IV. Cap. 86. allowetl to entries in the said register books under the hand of the super- search them, intendent registrar, on payment of the fees herein-after men- tioned ; (that is to say,) for every general search the sum of five shillings, and for every particular search the sum of one shilling, and for every such certified copy the sum of two shil- lings and sixpence. Indexes to Ije 37. And be it enacted, That the registrar general shall kept at general cause indexes of all the said certified copies of the registers to register office, |jg nj^de and kept in the general register office; and that everv allowed and Person shall be entitled, on payment of the fees herein-after certified cojiies mentioned, to search the said indexes between the hours of given. ten in the morning and four in the afternoon of every day, except Sundays, Christmas Day, and Good Friday, and to have a certified copy of any entry in the said certified copies of the registers ; and for every general search of the said indexes shall be paid the sum of twenty shillings, and for every particular search the sum of one shilling, and for every such certified copy the sum of two shillings and sixpence, and no more, shall be paid to the registrar general or such other officer as shall be appointed for that purpose on his account. Certified 38. And be it enacted. That the registrar general shall copies given cause to be made a seal of the said register office, and the at general registrar general shall cause to be sealed or stamped therewith to be sealed "^^ certified copies of entries given in the said office; and all certified copies of entries purporting to be sealed or stamped with the seal of the said register office shaU be received as evidence of the birth, death, or marriage to which the same relates, without any further or other proof of such entry ; and no certified copy purporting to be given in the said office shall be of any force or eff"ect which is not sealed or stamped as aforesaid. Fees for 39. And be it enacted. That every sum received under the searches in the provisions of this Act by or on the account of the registrar genera legis- o^gj^gj-f^i shall be accounted for and paid bv the registrar jjene- ter oiiice to he . . . • accounted for ^^> ^^ such times as the lords commissioners of the treasmy to the exche- from time to time shall direct, into the Bank of England, to quer. the credit of his Majesty's Exchequer, according to the provi- 4 & 5 W. 4. sions of an Act passed in the fourth and fifth years of his Ma- jesty, intituled An Act to regulate the office of the Receipt of his Majesty's Exchequer at Westminster. Clergymen, &c. 40. And be it enacted, That it shall be lawful for everj'^ may ask par- Clergyman of the Church of England who shall solemnize any ties married the marriage in England, and for every registering officer of the required quakers, and every secretary of a synagogue, after the said first day of March, to ask of the parties married the several particulars herein required to be registered touching such marriage. Penalty for 41. And be it enacted. That every person who shall wdlfully wilfully giving make or cause to be made, for the purpose of being inserted false infor- j^ anv register of birth, death, or marriage, anv false state- ment touching anv of the particulars herein required to be matioii. 6 & 7 WILLIAM IV. Cap. 86. 159 known and registered, shall be subject to the same pains and penalties as if he were guilty of perjury. 42. And be it enacted. That every person who shall refuse Penalty for or without reasonable cause omit to register any marriage ^o* duly regis- solernnized by him, or which he ought to register, and every ^^^^^^ births, registrar who shall refuse or without reasonable cause omit to niarria'^es or register any birth or death of which he shall have had due for losing or notice as aforesaid, and every person having the custody of any injuring the register book, or certified copy thereof or of any part thereof, registers. who shall carelesslv lose or injure the same, or carelessly allow the same to be injured whilst in his keeping, shall for- feit a sum not exceeding fifty pounds for every such offence. 43. And be it enacted, That every person who shall wilfully Penalty for destroy or injure, or cause to be destroyed or injured, any such destroying or register book, or any part or certified copy of any part thereof, falsifying or shall falsely make or counterfeit, or cause to be falsely made ^^°'^ ^^ °° ^' or counterfeited, any part of any such register book or certified copv thereof, or shall wilfully insert or cause to be inserted in any register book or certified copy thereof any false entry of any birth, death, or marriage, or shall wilfully give any false certificate, or shall certify and writing to be a copy or extract of any register book, knowing the same register to be false in any part thereof, or shall forge or counterfeit the seal of the register office, shall be guilty of felony. 44. Provided always, and be it enacted. That no person Accidental charged with the duty of registering any birth, death, or mar- errors may riage, who shall discover any eiTor to have been committed in corrected, the form or substance of any such entry, shall be therefore liable to any of the penalties aforesaid if within one calendar month next after the discovery of such error, in the presence of the parents of the child whose birth may have been so re- gistered, or of the parties married, or of two persons attending upon any person in his or her/^st illness whose death may have been so registered, or in case of the death or absence of the respective parties aforesaid, then in the presence of the superintendent registrar and of two other credible witnesses who shall respectively attest the same, he shall correct the erroneous entry, according to the truth of the case, by entrv, in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereunto the day of the 'month and year when such correction shall be made : provided also, that in the case of a marriage register he shall make the like marginal entry, attested in like manner, in the duplicate marriage register book to be made by him as afore- said, and in every case shall make the like alteration in the certified copy of the register book to be made by him as afore- said, or in case s^uch certified copy shall have been already made, provided he shall make and deliver in like manner a separate certified copy of the original erroneous entry, and of the marginal correction therein made. 4.5. And be it enacted, That all fines and forfeitures by this Recovery of penalties. 160 G & 7 WILLIAM IV. Cap. 86. Act imposed, unless otherwise directed, shall be recovered before any two justices of the peace for the county, city, or place where the offence shall have happened, upon the infor- mation or complaint of any person ; and if on the conviction of the offender, either on his or her confession, or by the oath of any one or more credible witness or witnesses, (which oath such justices arc hereby empowered to administer,) such fines or forfeitures, with the costs of the conviction, shall not be forthwith paid, the same shall be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of such justices ; and for want of distress such justices may commit every such offender to the common gaol or house of correction for the county, city, or place where the offender shall be committed, without bail or mainprize, for any term not exceeding one calendar month, unless such fine and forfeiture, and all reasonable charges attending the recovery thereof, shall be sooner paid ; and one moiety of all such fines and forfeitures shall go to the person who shall inform and sue or prosecute for the same, and the other moiety shall go to the registrar general, or to such other person as the lords commis- sioners of the treasury shall appoint, for the use of his Majesty ; and no distress made by virtue of this Act shall be deemed unlawful, nor shall the party making the same be deemed a tresjjasser, on account of any defect or want of form in the summons, conviction, or warrant of distress, or on account of any irregularity which shall be afterwards committed by the party distraining, but the person or persons aggrieved by such irregularity shall recover full satisfaction for the special dama- ges sustained in an action on the case. Appeal. 46. And be it enacted. That in all cases where the sum ad- judged to be paid on any summary conviction shall exceed five pounds, any person convicted may appeal to the next court of general or quarter sessions which shall be holden not sooner than twelve days after the day of such conviction for the county or other district wherein the cause of complaint shall have arisen ; provided that such person shall give to the com- plainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned personally to appear at the said ses- sions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such cost as shall be by the court awarded ; and upon such notice being given, and such recog- nizances being entered into, the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs, to either party, as to the court shall seem meet, and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the convic- 6 & 7 WILLIAM IV. Cap. 86. 161 tion, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment. 47. And be it enacted. That no such conviction or adjudication No certiorari, made on appeal therefrom shall be quashed for vv-ant of form, or be removed by certiorari or otherwise into any of His Majesty's superior couits of record, and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a valid conviction to sustain the same. 48. And be it enacted. That the registrar general may receive Correspon- and send by the general post from and to places in Enyland all dence of regis- letters and jmckets relating exclusively to the execution of this Act trar general free from the duty of postage, provided that such letters and relating to this packets as shall be sent to the registrar general be directed to the ^^^^ *° ^^ f''^^ " registrar general of births, deaths, and marriages," at his office, postage, and that all such letters and packets as shall be sent by the regis- trar general shall be in covers, with the words " registrar general of births, deaths, and marriages," printed on the same, and be it sealed with the seal of the said register office, and be signed on the outside thereof under such words with the name of such person as the said registrar general, with the consent of the lords commis- sioners of the treasury, or any three or more of them, shall appoint, in his own handwriting, (such name to be from time to time sent to the secretary of the general post-office in London,) and under such other regulations as the said lords commissioners, or any three or more of them, shall think fit ; and if the person so to be appointed shall subscribe or seal any letter or packet what- ever, except such only concerning which he shall receive the special direction of his superior officer, or which he shall himself know to relate exclusively to the execution of this Act, or if the person so to be appointed, or any other person, shall send or cause to be sent under any such cover any letter, paper, or writ- ing, or any inclosure, other than shall relate exclusively to the execution of this Act, every person so offending shall forfeit and pay the sum of one hundred pounds, and be dismissed from his office ; one moiety of such penalty to be [)aid to the use of His Majesty, his heirs and successors, and the other moiety to the use of the person who shall inform or sue for the same ; to be sued for and recovered in any of His Majesty's courts of record at Westminster. 49. Provided always, and be it enacted. That nothing herein Registers of contained shall affect the registration of baptisms or burials as baptisms and now by law established, or the right of any officiating minister burials may be to receive the fees now usually paid for the performance or regis- '^^P* ^s here- tration of any baptism, burial, or marriage. totore. 50. And be it further enacted. That the said registrar general Re'^istrar shall, within three calendar months after his appointment to such general to fur- office, furnish to the respective guardians of every union, parish, nish notices to or place printed notices, which the said guardians shall, as soon as guardians of conveniently may be after the receipt thereof, cause to be fixed or unions, &c. placed on the outside of the several church and chapel doors, specifying or other public and conspicuous buildings or jjlaces, within their ^^^^ required respective unions, parishes, or places, and which said notices shall *° . done by specify the several acts required to be done by persons who may j"^"! "^^ regis- be desirous of solemnizing marriage, or of registering the birth of ' °* any child or the death of any person, under the provisions of this Act. ie>2 6 & 7 WILLIAM IV. Cap. 86. m ii -s ■■ 1 £S° 2; 15 .2 J «-sH€ is ^5 "X^ rt tc av. •a c S s •^ 1;? ^•E >-> o ^ ^ . .2^ 1: •s.° e J' . o " - ^.•~i^ CU GJ cd n3S ~ ^;/-j a c rt ^ t-t hB W ts a au V = 11 «2^ Phm- a u O O O • a st c £ i5 ''Vh t s "4 (U a s 3 <" J) 6 -O eC cfe a (u o ■"^ S c3 fe » ti §> xn B5 %. >• i S e S d d !2iS3 ^ a ?> o w K a 1^ s i: 'io ■& 5S ■« a ^ ^ >n >% j ^ !A s a •3 T3 lU ^ a ^ ^ d <* C S r-' t« o U «« §s ^SnJ' o •g_ o 'S|2 in ■g •EC 8*3? S CS c «l S<^ ■^ o 0ll> o S c d 'S ^^ S (^ ■3 £ J „» ^3 . 3 O V O ^1 a •^ ?i ? a ^s 3? (c ^ ^o •a •« ^1 1 ^ ^ .c ^ •S a Oh _o 0) <2 o 'te a cu ?* o 8 ^ O B a •< CS o Pi "S a. _o a O o -2 '^ 1 1 .^ e R, s B? («^ o 5 ~ ■ »- a (JD "^scs a o < <; ^■^s 6 1 S. .5 < 3 1 1 1 ^ a -" C9 ^ & 2 to •a ■fx ^3 ; ^» t« !S ^ - j; a o -S: £ a a 6 & 7 WILLIAM IV. Cap. 86. 163 SCHEDULE (D.) I John Cox, Registrar of Births and Deaths in the District of M((ry-le-bone, North, in the County of Middlesex, do hereby certify, Tliat this is a true Copy of the Registrar's Book of Birth's [or Deaths] within the said District, from the Entry of the Birth [or Death] of Jaines Green, No. 1 , to the Entry of the Birth [or Death] of William Strange, No. 34. Witness my Hand, this seventh day of March 1838. John Cox, Registrar. SCHEDULE (E.) I John Cox, Registrar of Births and Deaths in the District of Mary-le-bone, North, in the County of Middlesex, do hereby certify. That the Death of Henry Hastiiigs was duly registered by me on the seventh day of March 1836. Witness my Hand this eighth day of March 1836. John Cox, Registrar. SCHEDULE (F.) I James Smith, Coroner for the County of Dorset, do hereby order the Burial of the Body now shown to the Inquest Jury as the Body of John Jones. Witness my Hand, this eighth day of Murch 1836. James Smith, Coroner. SCHEDULE (G.) I Gilbert Elliott, Vicar of Barming in the County of Kent, do hereby certify. That I have this day baptized by the name of Thomas a Male Child, produced to me by William Green, as the Son of William Green and Rebecca Green, and declared by the said William Green to have been born at Mary-le-bone in the County of Middlesex on the seventh dav of January 1836, Witness my hand \h\s, first day of December 1838. Gilbert Elliott, Vicar. [The words and Figures in Italics in the above Schedules to be filled in as the Case may be.] M 2 164 6 & 7 WILLIAM IV. Cap. 87. Cap. LXXXVII. An Act for extinguishing the Secular Jurisdiction of the Archbishop of York and the Bishop of Ely in certain Liberties in the Counties of Yoi'k, Notting- ham and Cambride. [17th August, 1836.] WHEREAS it is expedient to put an end to the secular juris- diction of the archbishop of York in the liberty of Ripon in the west and north ridings of the county of York, and in the liberty of Cawood, Wistow, and Otley in the said west riding', and in the soke of Southwell in the county of Nottingham, and to the secular jurisdiction of the bishop of Ely in the Isle of Ely in the county of Cambridge: be it 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 Secular juris- all the secular authority of the archbishop of York in the said diction of arch- liberty of Ripon, and in the said liberty of Caivood, Wistow, \n\hl kclr"" ^"'^ ^^^^y' ^^^ ^" t^^ ^^^^ ^°^^ °^ Southwell, shall, from and herein men- after the passing of this Act, cease and determine, and shall tioned to cease, become and be transferred to and vested in His Majesty, his heirs and successors. Towns, &c. 2. And be it further enacted. That the several towns, over which his parishes, and places within the said liberty of Ripon, and the extended°to ^^'^ liberty of Cawood, Wistow, and Otley respectively, shall enjoy their severally be deemed and taken to be distinct liberties, in the privileges as same way as they have heretofore been, and shall enjoy all the heretofore. same rights, privileges, and exemptions v^hich they have here- tofore enjoyed, save only that all secular powers and authorities heretofore exercised by the archbishop of York within the said liberties, or either of them, shall henceforth be exercised by His Majesty, his heirs and successors ; and all persons now holding any office in the said liberties or either of them shall continue to hold the same in the same way as if this Act had not been passed. Justices of 3_ ^^jj i^g -^ further enacted, That no new commission of Southwell. ^^ peace shall be henceforth issued for the said soke of Southwell, but the justices of the peace for the said county of Nottingham shall within the said soke of Southwell exercise the same jurisdiction, both in and out of sessions, as within every other part of such county ; any charter or custom to the contrary notwithstanding. Secular juris- 4. And be it further enacted. That all the secular authority diction of of the bishop of Ely in the Isle of Ely in the county of Cam- Bishop of Ely hridqe, and all authority of the chief justice of Ely heretofore appointed by the bishop of Ely, shall, from and after the pass- ing of this Act, cease and determine; and all the secular authority of the said bishop shall become and be vested in His 6 & 7 WILLIAM IV. Cap. 87. 165 Majesty, his heirs and successors : provided always, that nothing herein contained shall prevent any justice of the peace now acting for the said liherties, soke, and isle respectively from continuing to act as such within the limits of their respective jurisdictions as if this Act had not been passed. 5. And be it further enacted. That the county rates for the County rates said hberty of Ripon and for the said Isle of Ely shall remain, of Ripon and as heretofore, distinct from the rates for the rest of the counties ^ ^ " ^" of York and Cambridge respectively, and shall be assessed and levied and paid and applied by and under the order and direc- tion of the justices of the peace for the said liberty and isle respectively as if the same were separate counties, but in all other respects under the same regulations as are applicable to the rates of other counties in England. 6. And be it enacted. That the custos rotuloram of the said Custos rotu- west riding of Yorkshire shall become the keeper of the l"?""!^™ of west records of the court of sessions of the peace of the said xT„tf.^„u,,^ , c -n- ITT • 1 Ti !• /-I Trr- JNottingham- hberty oi Rtpon, and of the said hberty of Laivood, lytstoiv, shire. and Otley, and that the custos rotulorum of the said county of Nottingham shall become the keeper of the records of the court of sessions of the peace of the said soke of Southwell, and that the records of the said several courts shall be deli- .vered to the said respective keepers accordingly. 7. And be it enacted, That it shall be lawful for His Majesty, Custos rotu- his heirs and successors, to appoint from time to time such lorufn of Ely. person as he or they shall think fit to be custos rotulorum of the said Isle of Ely. 8. And be it enacted, That the assizes and sessions under Assizes, &c. the commissions of gaol delivery and other commissions of ^or Ely to be gaol delivery and other commissions for the despatch of civil J^^ 4^w^4 and criminal business in the said county of Cambridge, includ- c. 71. ing the said Isle of Ely, shall be holden in such manner and at such place or places as shall be dhected by His Majesty in council under the provisions of an Act passed in the third and fourth years of His present Majesty's reign, intituled An Act for the Apjwintment of convenient Places for the holding of Assizes in England and Wales. 9. And be it further enacted, That separate commissions of Quarter ses- the peace shall continue to be issued for the said two liberties sions of Isle and isle respectively as heretofore ; and the sessions of the of Ely. peace for the said liberties and isle respectively shall be holden by and before the justices of the peace for the time being acting in and for the said liberties and isle respectively in like manner as the same have hitherto been holden. 10. And be it further enacted, That the present clerks of cierks of the the peace for the said liberty of Ripon, and for the said liberty peace. of Cawood, Wistow, and Otley, and for the said Isle of Ely respectively, shall continue clerks of the peace for the said liberties and isle respectively during their lives, or until resig- nation or other determination of their offices, and that thence- 166 6 & 7 WILLIAM IV, Cap. 87. forth the clerks of the peace for the said Uberty of Ripon, and for the said liberty of Cawood, Wistow, and Otlcy, shall be appointed by the custos rotulorum of the said west riding for the time being, and the clerk of the peace for the said Isle of Ely shall be appointed by the custos rotulorum thereof for the time being, and shall be subject and liable to the same laws in all respects as the clerks of the peace in other counties of Coroner for England ; and that the present coroner of the liberty of Ripon Ripon. shall continue coroner during his life, or so long as he shall well behave himself ; and upon the death, removal, or resigna- tion of such coroner, and upon every future vacancy of the office, a coroner shall be chosen by the freeholders of the said liberty of Ripon in like manner as coroners are chosen in the case of other counties or divisions of counties in England. Who shall be 11, And be it enacted. That all persons residing within the qualified to g^id liberty of Ripon who by the laws now in force would be serve on juries q^jaiifig(j ^nd liable to serve on grand juries in courts of sessions of the peace, and on petty juries for the trial of issues in courts of sessions of the peace, holden for the county of York, if the said liberty were destroyed and the district com- prised therein made for all purposes part of the said county, shall be qualified and liable to serve on such juries in courts of sessions of the peace holden within the said liberty ; and all persons who by the laws now in force would be exempted from serving on such juries, if the said district were for all purposes made part of the said county, shall in like manner be exempted from serving on such juries within said liberty. Chief bailiff 12. And be it further enacted. That the pi-esent chief bailiff of the Isle of for the said Isle of Ely shall continue chief bailiff of the said Ely. isle until resignation or other determination of his office, and that thenceforth it shaU be lawful for His Majesty, his heirs and successors, to appoint from time to time such person as he or they shall think fit to be chief bailiff of the said isle. Gaol at Ely 13. And be it further enacted, That no person shall from abolished, and and after the passing of this Act be committed to the gaol at prisoners to be ^/^^ i^^t all persons who, if this Act had not passed might confined in Ji^ve been committed to or confined in such gaol may be com- gaol. ^ mitted to and confined in the gaol at Cambridge, and the justices of the said Isle of Ely shall have full power to com- mit to the said gaol at Cambridge ; and aU persons who at the time of the passing of this Act shall be confined in the said gaol at Ely shall, as soon as may be after the passing of this Act, be delivered up by the keeper of the said gaol at Ely to the keeper of the said gaol at Cambridge, together with the warrant or instrument under or by virtue whereof every such person shall be then detained in custody, and the keeper of the said gaol at Cambridge shall receive and detain such persons in custody in the same way as if such persons had originally been committed to his custody. Houses of 14. And be it enacted. That the houses of correction at 6 & 7 WILLIAM IV. Cap. 87. 167 Ely and Wisbech in the said isle shall remain, and the present correction and keepers thereof shall be continued in office during the pleasure their keepers of the justices of the peace for the said isle in quarter sessions *° ren^ain. assembled ; and the keepers thereof shall be appointed by the said justices so assembled as in other counties of England. 15. And be it enacted. That all the regulations respecting Regulations juries and jurors for counties in England shall after the passing respecting of this Act be applied to the Isle of Ely as well as to the rest J'^'"i*^s in Ely. of the county of Cambridge, and the sheriff of the counties of Cambridge and Huntingdon shall have the same power of summoning jurors in the said Isle of Ely which he has in the rest of the said county of Cambridge, and all persons residing in the said isle shall be liable to serve on juries for the said county in the same manner as persons residing in other parts of the same county. 16. And be it enacted, Tliat the present coroners of the Present coro- said Isle of Ely shall continue coroners respectively during ners of Ely their respective lives, or so long as they shall respectively well continued and behave themselves; and that upon the death, removal, or ^j^ ' ^^^j^^^' resignation of either of them, and upon every future vacancy for. of the office, a coroner shall be chosen by the freeholders of the said isle in like manner as coroners are chosen in the case of other counties or divisions of counties of England ; and the said coroners for the time being shall be entitled to demand and take the same fees, recompence, and benefit as are given to or provided for the coroners by an Act made and passed in the twenty-fifth year of the reign of His late Mtijesty King 25 g. 2. c. 29, George the second intituled An Act for giving a proper Reward to Coroners for the due Execution of their Office, and for the Removal of Coroners on lawful Conviction of certain Misde- meanors, and shaU as such coroners be subject to all the pro- visions of the said Act. 17. And whereas it is expedient that due provision shall be Compensation made for the compensation of any persons holding offices to persons which have been usually held for life, for the loss they may affected by the sustain by the abolition of their offices by virtue or in con- fu*^^r'?"^ sequence of this Act ; be it therefore enacted. That from and after the commencement of this Act there shall be issued, paid, and payable out of and charged upon the consolidated fund of the United Kingdom of Great Britain and Ireland to the said officers respectivelv, free and clear of all taxes and deductions whatsoever, such sum of money, at such times, by way of annuity or otherwise, as shall be adjudged and deter- mined to be due to them by the commissioners of His Majesty's treasury of the United Kingdom of Great Britain and Ireland or any three of them, who shall have full power to inquire into and ascertain the amount of such compensation, having re- gard to the nature and value of the office, the mode of appoint- ment thereto, the tenure thereof, and all the circumstances of the case. 168 6 & 7 WILLIAM IV. Cap. 87. Restrictions as 18. Provided always, and be it enacted. That no such officer to compensa- gl^all be entitled to receive any such compensation unless he '°"^' shall previously make a full and true statement to the said commissioners of His Majesty's treasury, to be verified on oath before a judge or master or master extraordinary in chancery, if they shall think fit so to direct, of the amount of his salary and fees, and of the disbursements and outgoings of the same, for the space of ten years before the passing of this Act ; and that such compensation shall cease altogether or be reduced in amount, as the case may be, whenever he shall be placed in any other public office of which the salary and emoluments shall be equal t© the whole or to part of such compensation ; nor in the last-mentioned case shall be entitled to receive more of such compensation than shall be equal to the difference between the full amount thereof and the amount of the salary and emoluments of the office in which he may be hereafter placed. 19. And be it further enacted. That nothing in this Act Reservation of coiitained shall affect the right of any person holding a patent patent fees to for l^s life of any office, whether abolished by this Act or not, patentees for to receive during his life any fee or stipend granted by such I'f^- patent out of the revenues of the said respective sees. 20. And be it further enacted. That nothing hereinbefore Reservation of contained shall have the effect of severing or separating from all profits to the said archbishoprick or bishoprick any lordships, manors, to the sees. houses, lands, tenements, tithes, rents, collieries, mines, minerals, rectories, advowsons, profits or emoluments of any kind or description whatsoever, whether held in right of the said sees, other than and except only any profits and emolu- ments hereinbefore expressly mentioned and directed to be severed therefrom. 21. And be it enacted. That from and after the passing of The Bishop of this Act the bishop of Ely for the time being shall take and Ely to take and hold the said bishoprick, and all the property, patronage, and hold subject to rights belonging thereto, except as hereinbefore provided, future pro- subject to and under any provisions which shall be made by or under the authority of parliament with respect to the said bishoprick within the space of three years next after the pas- sing of this Act; any law, statute, or canon to the contrary notwithstanding. 22. Provided always, and be it further enacted. That, not- Chief Justice withstanding any thing hereinbefore contained, the present of Ely to act chief justice of the said Isle of Ely shall have full power, under com- under any commission of assize, or of oyer and terminer or mission ot ^^y delivery, which has already issued, to exercise all such 3SS1ZG oCC •• plready issued, jurisdiction as he has heretofore exercised in the said isle. 6 & 7 WILLIAM IV. Cap. 88. 169 Cap. LXXXVIIL An Act to suspend to the End of the next Session of Parliament the making of Lists and the Ballots and Enrolments for the Militia of the United Kingdom, (a) [17th August, 1836.] WHEREAS it is expedient to suspend for a fuither period the making of lists and the ballots and enrolments for the militia of the United Kingdom : be it therefore enacted by the King's most Excellent Majesty, by and with the consent of the Lords Spiritual and Temporal, and Commons, in this pre- sent Parliament assembled, and by the authority of the same, That all general and subdivision meetings relating to the General and militia of the United Kingdom, and all proceedings relating subdivision to the procuring any returns, or preparing or making out lists ^^^^^J"^^!"^^ ^' for such militia, or any part thereof, or relating to the ballot- n^jiitia sus- ting for or enrolling any militiamen or substitutes, or supplying pended. any vacancies in such militia, shall cease and remain sus- pended until the end of the next session of parliament, any thing in any Act or Acts to the contrary notwithstanding. 2. Provided always, and be it enacted, That it shall be Proceedings lawful for His Majesty by any order in council to direct that '^^y ^^- ^^^ any proceedings shall be had, at any time before the expiration "^"""^g^j"^ ^ of such period as aforesaid, either for the giving of notices order in and making returns and preparing lists, and also for the pro- council, ceeding to ballot and enrol men for the filling up vacancies in the militia of the United Kingdom or any part thereof, as His Majesty shall deem expedient; and upon the issuing of any such order all such proceedings shall be had for carrying into execution all the provisions of the Acts in force in England, Scotland, and Ireland respectively relating to the giving no- tices for and returns of lists, and for the ballotting and enrolling of n^en to supply any vacancies in the militia, and holding general and subdivision meetings for such purpose, at such time respectively as shall be expressed in any such order in council, or by any directions given in pursuance thereof to the lord lieutenant or deputy lieutenants acting for lord lieutenants of the several counties, shires, ridings, cities, and places in Great Britain, or to the governors and deputy governors of counties and places in Ireland, or to the warden and special deputy wardens of the Stannaries ; and all the provisions of the several Acts in force in England, Scotland, and Ireland respectively relating to the militia and corps of miners of Cornwall and Devon shall upon any such order, and direction given in pursuance thei-eof, become and be in full force and be carried into execution at the period specified in such order or direction as aforesaid, with all such penalties and forfeitures for any neglect thereof, as fully as if such periods had been fixed in the Acts relating to such militia and miners. 3. And be it enacted, That this Act, and all the clauses. Act to extend jjrovisions, directions, and authorities therein contained, shall ^o wardens of (a) See Burn's Justice, tit. *• Military Law." 170 G & 7 WILLIAM IV. Cap. 89. stannaries and be construed to extend to the warden and special deputy war- to corps ot dens of the Stannaries, and corps of miners of Cornwall and miners. Devon, as fully as if they were respectively and severally re- peated in every such clause, provision, direction, and autho- rity. Coroner em- powered to summon me- dical witnesses, and to direct ' the perform- ance of a post-mortem examination. A majority of the jury may require the coroner to summon additional Cap. LXXXIX. An Act to pravide for the Attendance and Remunera- ration of Medical Witnesses at Coroners' Inquests (a) [17th August, 1836] "WHEREAS it is expedient to provide for the attendance of medical witnesses at coroners' inquests, also remuneration for such attendance, and for the performance of post-mortem ex- aminations at such inquests ; 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, when- ever upon the summoning or holding of any coroner's inquest it shall appear to the coroner that the deceased person was attended at his death or during his last illness by any legally qualified medical practitioner, it shall be lawful for the coroner to issue his order, in the form marked (A.) in the schedule hereunto annexed, for the attendance of such practitioner as a witness at such inquest ; and if it shall appear to the coroner that the deceased person was not attended at or immediately before his death by any legally qualified medical practitioner, it shall be lawful for the coroner to issue such order for the attendance of any legally qualified medical practitioner being at the time in actual practice in or near the place where the death has happened ; and it shall be lawful for the coroner, either in his order for the attendance of the medical witness, or at any time between the issuing of such order and the termination of the inquest, to direct the performance of a post-mortem examination, with or without an analysis of the contents of the stomach or intestines, by the medical witness or witnessses who maybe summoned to attend at any inquest ; provided that if any person shall state upon oath before the coroner that in his or her belief the death of the deceased individual was caused partly or entirely by the im])roper or negligent treatment of any medical practitioner or other person, such medical practitioner or other person shall not be allowed to perform or assist at the post-mortem examination of the deceased. 2. And be it further enacted. That whenever it shall appear to the greater number of the jurymen sitting at any coroner's inquest, that the cause of death has not been satisfactorily explained by the evidence of the medical practitioner or other witness or witnesses who may be examined in the first in- («) See Burn's Justice, tit. " Coroner." 6 & 7 WILLIAM IV. Cap. 89. 171 stance, such greater number of the jurj'men are hereby author- medical evi- ized and empowered to name to the coroner in writing anv dence if the other legally qualified medical practitioner or practitioners, "rst be not and to require the coroner to issue his order, in the form hereinbefore mentioned, for the attendance of such last-men- tioned medical practitioner or practitioners as a witness or witnesses, and for the performance of a post-mortem exami- nation, with or without an analysis of the contents of the stomach or intestines, whether such an examination has been per- formed before or not ; and if the coroner, having been thereunto required, shall refuse to issue such order, he shall be deemed guilty of a misdemeanor, and shall be punishable in like manner as if the same were a misdemeanor at common law. 3. And be it further enacted. That when any legally Fees to medical qualified medical practitioner has attended upon any coroner's witnesses ; inquest in obedience to anv such order as aforesaid of the "^ ^ ^ '^'^' ?" ^ 1-1 • • ' 1 n r 1 1 of funds col- coroner, the said practitioner shall tor such attendance at any lected for inquest in Great Britain be entitled to receive such remu- relief of the neration or fee as is mentioned in the table marked (B.) in poor, the schedule hereunto annexed ; and for anv inquest held in Ireland, the said practitioner shall be paid in the manner provided by the laws in force in that part of the United King- dom, and the coroner is hereby required and commanded to make, according to the form marked (C.) in the schedule hereunto annexed, his order for the payment of such remu- neration or fee, when the inquest shall be held in Great Britain, and such order may be addressed and directed to the churchwardens and overseers of the parish or place in which the death has happened ; and such churchwardens and overseers, or aity one of them, is and are hereby required and commanded to pay the sum of money mentioned in such order of the coroner to the medical witness therein mentioned, out of the funds collected for the relief of the poor of the said place. 4. Provided nevertheless, and be it further enacted. That no fee for a no order of payment shall be given, or fee or remuneration post-mortem paid, to any medical practitioner for the performance of any examination post-mortem examination which mav be instituted without the '"stituted • 1- , • r ii ' without order previous direction or the coroner. ^^^^ ^-^^ 5. Provided also, and be it further enacted. That when any coroner. inquest shall be holden on the body of any person who has Inquests on died in any public hospital or infinuary, or in any building or bodies of place belonging thereto, or used for the reception of the f,^^^°bfi(f^'"° patients thereof, or who has died in any county or other institutions, lunatic asylum, or in any public infirmaiy or other public medical institution, whether the same be supported by endow- ments or by voluntary subscriptions, then and in such case nothing herein contained shall be construed to entitle the medical officer whose duty it may have been to attend the deceased person as a medical officer of such institution as aforesaid to the fees or remuneration herein provided. 172 6 & 7 WILLIAM IV. Cap. 89. Penalty on medical prac- titioner for neglecting to attend. Act not to extend to Scotland. 6. And be it further enacted, That where any order for the attendance of any medical practitioner as aforesaid shall have been personally served upon such practitioner, or where any such order not personally served shall have been received by any medical practitioner in sufficient time for him to have obeyed such order, or where any such order has been served at the residence of any medical practitioner, and in every case where any medical practitioner has not obeyed such order, he shall for such neglect or disobedience forfeit the sum of five pounds sterling, upon complaint thereof made by the coroner or any two of the jury before any two justices having jurisdiction in the parish or place where the inquest under which the order issued was held, or in the parish where such medical practitioner resides ; and such two justices are hereby required, upon such complaint, to proceed to the hearing and adjudication of such complaint, and, if such medical practi- tioner shall not show to the said justices a good and sufficient cause for not having obeyed such order, to enforce the said penalty by distress and sale of the offender's goods, as they are empowered to proceed by any Act of Parliament for any other penalty or forfeiture. 7. And be it enacted. That nothing in this Act contained shall extend to Scotland. SCHEDULE to which this Act refers. (A.) Form of Summons. Coroner's Inquest at upon the body of By virtue of this my order as coroner for you are required to appear before me and the jury at on the day of one thousand eight hundred and , at of the clock, to give evidence touching the cause of death of [and then add, when the witness is required to make or assist at a post-mortem ex~ amination, and make or assist in making a post-mortem examination of the body, with [or without] an analysis, as the case may be'], and report thereon at the said inquest. (Signed) Coroner. To Surgeon \_or M.D., as the case may be.'] (B.) Table of Fees. To every legally qualified medical practitioner for attending to give evidence under the provisions of this Act at any coroner's inquest whereat no post-mortem examination has been made by such practitioner, the fee or remu- neration shall be one guinea. 6 & 7 WILLIAM IV. Cap. 90, 91. 1/3 For the making of a post-mortem examination of the body of the deceased, either with or without an analysis of the contents of the stomach or intestines, and for attending to give evidence thereon, the fee or remuneration shall be two guineas. (C.) Coroner's Order for the Payment of Medical Witnesses. By virtue of an Act of Parliament passed in session of holden in the intituled I, the coroner of and for do order you, the overseers of the parish [or township, as the case may be"] , to pay to the sum of [one guinea, or two guineas, as the case may Je], being the fee [or fees] due to him for having attended as a medical witness at an inquest holden before me this day of upon the body of about the age of who was found dead at [or other particulars or description], and at which said inquest the jury returned a verdict of (Signed) Coi-oner. Witnessed by me of ■ To the overseers, et ccetera. Cap. XC. An Act to continue until the First Day of 3Iai/ One thousand eight hundred and thirty- seven, and from thence to the End of the then next Session of Par- liament, an Act of the Fifty-fourth Year of his Ma- jesty King George the Third, for rendering the Payment of Creditors more equal and expeditious in Scotland. [17th August, 1836.] Cap. XCl. An Act to enable the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings to make and maintain a Road from the Church in the Parish of Sunk Island to the Town of Ottringham in the East Riding of the County of York. [17th August, 1836.] WHEREAS the King's most Excellent Majesty is seized in right of his crown of an estate called Siink Island, in the east riding of the county of York : And whereas it would be of great benefit, not only to the inhabitants and occupiers of lands, tenements, and hereditaments in the parish of Sunk Island, and to all persons residing in the neighbourhood, but 174 6 & 7 WILLIAM IV. Cap. 9\. Authorizing formation of road. Trustees. Power to appoint addi- tional trustees Meetings of trustees. to the public at large, if powers were given to make a road commencing at or near the church in the parish of Sunk Island, and from thence to pass through the said parish of Sunk Island into and through the parish of Ottringham to the town of Ottringham in the said east riding of the county of York, and to terminate or unite in the said town of Ottringham with the turnpike road from Kingston-upon-Hulf. through Hedon to Patrington in the same riding : And whereas the beneficial objects hereinbefore mentioned cannot be effected without the aid and authority of Parliament : May it therefore please your Majesty that it may be enacted ; and be it 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 this Act shall be put in execution, for and during the term hereinafter mentioned, for the purpose of making and maintaining a road to commence at or near the church in the parish of Sunk Island in the east riding of the county of York, and to pass from thence, towards the north, through the said parish of Sunk Island, into and through the parish of Ottringham, to the town of Ottringham in the said east riding of the said county of York, and to terminate or unite in the said town of Ottringham with the turnpike road from Kingston-upon-Hull through Hedon to Patringtoii in the same riding. 2. And be it further enacted. That the commissioners of His Majesty's woods, forests, land revenues, works, and buildings for the time being, and such other person or persons as shall be nominated and appointed in manner hereinafter mentioned, and their successors, being duly qualified according to the provisions and directions of the several Acts for regu- lating turnpike roads in England, shall be and tliey are hereby appointed trustees for carrying the several Acts for regulating turnpike roads in England and this Act into execution. 3. And be it further enacted. That it shall be lawful for the commissioners for the time being of His Majesty's woods, forests, land revenues, works, and buildings, from time to time, by any writing under their hands, to elect and appoint any number of persons (not exceeding eight in the whole) to be trustees for the purposes of this Act, in addition to the trustees hereinbefore nominated and appointed ; and such additional trustees so elected, and being duly qualified accord- ing to the Acts for regulating turnpike roads in England, shall have the same powers and authorities for executing the several Acts for regulating turnpike roads in England and this Act as if they had been named herein. 4. And be it further enacted. That the trustees for exe- cuting this Act shall hold their first meeting at the office of woods, Whitehall Place, Westminster, in the county of Middlesex, on the second Tuesday next after the commence- ment of this Act, or so soon afterwards as conveniently may be. 6 & 7 WILLIAM IV. Cap. 91. 175 between the hours of ten and twelve of the clock in the fore- noon, and shall and may then, and from time to time after- wards, adjourn to and meet at such times and places as the said trustees or the major part of them present at such respec- tive meetings shall think proper and appoint. 5. And be it further enacted, That it shall be lawful for the Power to make said trustees to make the said road hereinbefore mentioned ^^^ roads, &c. of such width as they shall think proper, not exceeding thirty feet, together with such footpaths, causeways, embankments, foundations, piers, abutments, bridges, archways, arches, cul- verts, ditches, drains, fences, and other works on the lines of the said road as they shall think expedient, and for the purposes aforesaid to take and use any lands, tenements, or hereditaments, malting or tendering satisfaction to the owners thereof and persons interested therein for the same, or for the damage they may sustain by the execution of the powers of this Act ; and it shall also be lawful for the said trustees and for their surveyors and workmen from time to time to enter upon any lands, tenements, or hereditaments upon, in, over, or through which such road, causeways, embankments, foun- dations, piers, abutments, bridges, archways, arches, culverts, ditches, drains, fences, and other works as aforesaid, or any of them, are intended to be made or pass, and also upon, in, over, or through any adjoining lands, tenements, and here- ditaments, and to stake out the same in such manner as the said trustees shall think expedient, without being deemed trespassers, and without being subject to any penalty or punishment for entering or continuing upon such lands, tene- ments, or hereditaments for any of the purposes of this Act ; and if any person shall pull up, remove, or destroy any of such stakes or other marks used for the purposes aforesaid, such person shall forfeit and pay any sum not exceeding five pounds for every such offence. 6. And whereas a map or plan describing the said intended Map of road road, and the lands, tenements, and hereditaments upon, in, ^"^ ^°°^ °^ over, or through which the same is intended to be carried, posited with together with a book of reference thereto, containing the the clerk of names of the owners and occupiers of such lands, tenements, the peace to and hereditaments, have been deposited in the office of the remain there, clerk of the peace for the east riding of the county of York : ^""^ ^^e open to o ^^ ^' " f inspection, be it therefore enacted. That the said map or plan and book of reference shall remain in the custody of the said clerk of the peace, to the end that all persons may at all reasonable times have Uberty to inspect the same, and to take copies thereof and extracts therefrom, paying to the said clerk the sum of two shillings and sixpence for every such inspection, and at the rate of sixpence for every one hundred words of such copies or extracts ; and the said map or plan and book Certified copies of reference, or either of them, or any copy thereof respec- '^'^f ^°f to be tively, certified by the said clerk of the jjcace for the time Smiting being to be a time copy thereof, shall be good evidence in all deviations. 176 6 & 7 WILLIAM IV. Cap. 91. Houses, &c. not to be taken without consent unless mentioned in the schedule. Unintentional errors reme- died. Limiting the time for the purchase of property. The freehold and inheri« courts of law and equity ; and the said trustees in making such road shall not deviate more than one hundred yards from the lines described in the said map or plan without the consent in writing of the party or parties upon, in, over, or through whose lands, tenements, or hereditaments any such deviations beyond the said distance of one hundred yards shall be made. 7. Provided always, and be it further enacted. That the powers and authorities by this Act given for making the said road shall not authorize the said trustees to pull down, take, or use any curtilage, orchard, garden, yard, park, paddock, lawn, shrubbery, plantations, planted walk or avenue to any house, or any inclosed ground planted and set apart as a nurseiy for trees, or any part thereof respectivelv, without the consent in writing of the owners or proprietors thereof, or other persons interested therein, first had and obtained, except such as are mentioned in the schedule to this Act annexed. 8. Provided also, and be it further enacted. That it "shall be lawful for the said trustees to make the said road and other works aforesaid [upon, in, over, or through any lands, tene- ments, or hereditaments upon, in, over, or through which such road and other works are delineated on the said map or plan, although such lands, tenements, or hereditaments, or any of them, or the situation thereof respectively, or the names of the owners or occupiers thereof respectively, mav happen to be omitted, mis-stated, or erroneously described in the said book of reference, provided it shall appear to any two or more justices of the peace for the county, riding, or place within which such lands, tenements, or hereditaments shall be situate, (in case of dispute about the same,) and be certified by writing under their hands, that such omission, mis-statement, or erro- neous description proceeded fi-om mistake ; and the certificate of the said justices shall be deposited with and remain in the custody of the clerk of the peace for the said east riding for the time being, as the case may require. 9. Provided also, and be it further enacted. That if the said trustees shall not within the space of two years next after the passing of this Act agree for or cause to be valued and purchased the lands, tenements, and hereditaments which they are by this Act authorized to take, or so much thereof respectively as they shall deem necessary for the purposes of this Act, then and from thenceforth the powers by this Act, or by any other Act or Acts granted in relation to the taking of lands, tene- ments, or hereditaments for the purposes of turnpike roads, shall, so far as relates to the lands, tenements, or hereditaments hereinbefore mentioned, cease and be utterly void, unless with the consent of the respective owners of such lands, tenements, or hereditaments ; anything in this Act or in any such Act or Acts as aforesaid contained to the contrary thereof notwith- standing. 10. And be it further enacted. That in case any lands shall, in pursuance of this Act or of the Acts for regulating turnpike 6 & 7 WILLIAM IV. Cap. 91. 177 roads in England, be purchased by the said trustees for the to remain and purposes of this Act, the freehold and inheritance of and in be vested in the lands so purchased shall (notwithstanding any provisions ^^^^ persons of in the said Acts or any of them to the contrary) by means of are°purchased any such purchase, or any conveyance made in pursuance thereof, be vested in the said trustees ; but that the freehold and inheritance of and in the lands so purchased shall, not- withstanding such purchase and conveyance, remain and be vested in the person or persons in whom the same were vested immediately prior to such purchase by the said trustees ; and the said trustees shall, by means of such purchase and con- veyance or either of them, be entitled to a perpetual right of way in, over, or upon the lands purchased by them in pur- suance of this Act and the said Acts, or any of them. 1 1 . Provided always, and be it further enacted. That if at The right of any time any land ijurchased by the said trustees for the pur- way to cease poses of the road mentioned in this Act shall not be wanted 'when lands for the same, then and in such case the right of way in, over, ^^ "°j or upon the lands vested in the said trustees shall cease, deter- mine, and be extinguished, and the freehold and inheritance of the said land shall be and remain in the person or persons then entitled to the same, freed and discharged of and from such right of way. 12. Provided also, and be it further enacted, That the said The trustees trustees shall have such and the same power and authority of to ^^^^ ^he cutting and digging and otherwise using the lands and heredi- ^^ni^ Po^ers taments taken by them for the purposes of this Act, and of j^^J^ talfen by building any toll house or any bridge, or any other erections them as if they thereon, as fully and effectuallv to all intents and purposes as had purchased the said trustees would have had in case they had purchased ^^^ ^^^ simple, the fee simple of the said land.? and hereditaments under and by virtue of the powers contained in any of the Acts now in force for regulating turnpike roads in England; any thing herein contained to the contrary in anywise notwithstanding. 13. And be it further enacted. That it shall be lawful for xoll houses -the said trustees to erect or build upon the said road or any maybe erected. part thereof, or upon the sides thereof or any part thereof, when and where and as they shall judge proper, any toll gates or toll bars, toll houses and weighing machines, with outhouses and conveniences thereto, and to take in and inclose suitable garden spots for such toll houses, not exceeding one eighth part of a statute acre, as they shall think necessary, and from time to time to alter or take down and rebuild or to discon- tinue and remove the same or any of them as they shall think proper. 14. And be it further enacted. That the tolls to be taken Tolls, by virtue of this Act shall not exceed the following ; (that is to say,) For every horse or other beast drawing any coach, stagecoach, chariot, chaise, curricle, car, gig, hearse, or any such car- riage, the sum of four-pence : N J 78 6 8i7 WILLIAM IV. Cap. 91. Fractions of one halfpenny in tolls. Restriction on exemption. Horses, &c. for which tolls have been once paid, to repass toll-free on the same day. For every horse or other beast drawing any waggon, wain^ cart, dray, van, caravan, or other such carriage, the fellies of the wheels whereof shall be of the breadth of six inches, the sum of three-pence : For every horse or other beast drawing any waggon, wain, cart, dray, van, caravan, or other such carriage, the fellies of the wheels whereof shall be of the breadth of four inches and a half, and not of the breadth of six inches, the sum of four-pence : For every horse or other beast drawing any waggon, wain, cart, dray, van, caravan, or any such carriage, the fellies of the wheels whereof shall be of less breath than four inches and a half, the sum of five-pence : For every horse or beast, laden or unladen, and not drawing, one penny : For eveiy score of oxen or neat cattle, ten-pence, and so in. proportion for any less number : For every score of calves, sheep, lambs, or swine, five-pence, and so in proportion for any less number : And for every coach, Vv'aggon, vehicle, or other carriage of whatever description, propelled or drawn wholly or in part by steam, gas, or any such like means, or by machinery, or otherwise than by animal power, the sum of two shillings and sixpence : Such respective toUs to be paid before any such horse, mule, ass, cattle, or beast, or any such carriage as aforesaid, shall be entitled to pass through any turnpike or toll gate to be erected on the said road. 15. And be it further enacted. That in all cases where there shall be a fractional part of a halfpenny in the amount of any of the toUs hereby granted, the sum of one halfpenny shall be demanded and taken in lieu of such fractional part. 16. Provided always, and be it further enacted, that no ex- emption from any of the toUs by this Act granted shall be allowed for or in respect of any horse, beast, or cattle drawing any waggon, wain, cart, or other carriage laden with any ma- terials for making or repairing any highway, or for building, rebuilding, or repairing any bridge, or with dung, soil, com- post, or manure for improving lands, or lime for agricultural purposes, or with ploughs, harrows, or implements of hus- bandry, or hay, straw, fodder for cattle, or corn in the straw, potatoes, or other agricultural produce, such waggon, cart, or other carriage having the nails of the tire of the wheels thereof projecting more than one quarter of an inch above the surface of such tire. 17. Provided also, and be it further enacted. That in case the toll hereby authorized to be taken shall have been paid for the passing of any horse, beast, or cattle through any one of such toll gates or toll bars, such horse, beast, or cattle shall, at any time during the same day, to be computed from twelve of the clock at night to twelve of the clock in the next sue- G & 7 WILLIAM IV. Cap. 91. 1/9 ceeding night, upon production of a ticket denoting the pay- ment of such toll on that day, be permitted to repass toll-free (except as herein-after mentioned with respect to horses, beasts, or cattle drawing stage coaches or other such like carriages,) through the same toll gate or toU bar, and also through such other toll gates and toll bars (if any) as the ticket for such payment shall free: provided nevertheless, that no horse, beast, or cattle for which toll shall have been paid at any of the said toll gates or toll bars, drawing another or dif- ferent waggon, wain, cart, or other puch carriage, or drawing unless drawing for hire or reward a fresh or different lading of a weight of ^ tlifFerent two hundred and forty pounds avoirdupois, or more, in the '^'^SSO'^ ^"^ same waggon, wain, cart, or other such carriage, shall be per- mitted to repass through the same toll gate or toll bar on the same day without again paying toll, if in so repassing such horse, beast, or cattle shall go or travel upon the said road for the distance of two miles or more. 18. Provided always, and be it further enacted. That the Stage coaches tolls hereby made payable shall be paid for or in respect of all *? P^y ^^ch horses, beasts, or cattle drawing any stage coach, stage wag- timeotpassing. gon, van, caravan, cart, or other stage carriage carrying pas- sengers or goods for hire or reward for each time of passing and for each time of repassing along the said road : provided nevertheless, that no further or additional tolls shall be pay- able in respect of any stage coach, stage waggon, van, caravan, cart, or other stage carriage on account only of the horses drawing the same having been changed. 19. Provided always, and be it further enacted, That the Post chaises to tolls hereby made payable shaU be paid for or in respect of all P^y °^_ ':^^^ horses, beasts, or cattle, let out for hire, and drawing any "^^ hiring, post chaise or other carriage, for each time of passing along the said road whenever a new hiring thereof shall take place. 20. Provided always, and be it further enacted. That no Only one toll more than one full toll (except as herein provided to the con- ^"^ ^^ P^'*^ ^* trary) shall be taken for or in respect of the same horse or ^^^ severa horses, beast or beasts, or cattle, or carriages, in any one same day. day, for passing and repassing through all the several toll gates or toll bars upon the said road. 21 . Provided always, and be it enacted. That the tolls hereby steam car- made payable for and in respect of any carriage propelled or riages to pay moved by steam, gas, machinery, or any other like means, ^^^'"7 ^""^ °^ shall be paid eveiy time of the passing and repassing of such ^^ °' carriage along the said road or roads. 22. And whereas the said road will be a considerable im- Commission- provement to the annual value of the estate of the crown afore- ers of woods said, and it is therefore expedient that the money to be ™^y advance advanced for making the same should be deemed to be within ^,'^"'^^^1° the intent and meaning of any Act in force for the improve- expenses of ment of the land revenues of the crown ; be it further enacted, this Act, &c. That it shall be lawful for the commissioners of His Majesty's woods, forests, land revenues, works, and buildings for the n2 180 6 & 7 WILLIAM IV. Cap. 91. Exchequer loan commis- sioners under 1 & 2 W. 4. c. 24. may ad- vance money in exchequer bills for the pur- poses of this Act. Security to be taken for re- payment of the exchequer bills. time being, and they are hereby authorized and empowered^ if they shall think proper so to do, with and out of any monies in their hand as such commissioners as aforesaid, to advance any sum or sums of money, not exceeding in the whole the sum of five thousand pounds, towards the payment and dis- charge of the costs, charges, and expenses of obtaining and passing this Act, and of carrying the same into execution, in such and the hke manner as they are empowered to advance any sums of money for the purchase of any land, or the management and improvement of the land revenues of the crown, by virtue of an Act passed in the tenth year of the reign of His late Majesty King George the Fourth, to consoli- date and amend the laws relating to the land revenues of the crown ; which sum or sums of money shall, from the time of advancing the same, become and be a charge on the tolls, rates, and duties receivable or to be received under or by virtue of this Act, and shall be repaid to the said commission- ers by the said trustees, together with interest not exceeding the rate of five pounds j}e)' centum, per annum, to be computed from the time or respective times of advancing thereof, on so much of the said sum or sums as shall from time to time remain due and un])aid. 23. And be it further enacted, Tliat it shall be lawful for the commissioners for carrying into execution an Act passed in the first and second years of the reign of his present Majesty King William the Fourth, intituled, An Act to ainend several Acts passed for Autliorizing the Issue of Exchequer Bilh and the Advance of Money for carrying on Public Works and Fisheries and Employment of the Poor, and to authorize a fur- ther Issue of Exchequer Bills for the J'urposes of the said Act, and of the said several Acts therein recited and referred to, and they are hereby authorized and empowered, on application being made to them by the said trustees, to advance to them, or as they may direct or appoint, any sura or sums of money in exchequer bills, not exceeding in the whole the sum of five ' thousand pounds, for the pur])Oses of this Act, upon the terms and conditions hereinafter mentioned. 24. And be it further enacted. That upon the said Commis- sioners for the issue of Exchequer bills making such advance to the said trustees as aforesaid the said trustees shall execute an assignment to the said commissioners for the issue of exchequer bills, in such manner and form as the said last-men- tioned commissioners shall direct and appoint, of so much of the tolls, rates, and duties receivable or to be received under this Act as shall be a sufficient security for the repayment of the said exchequer bills, by an annual instalment of at least two pounds ten shillings per centum on the principal money advanced as aforesaid, with interest thereon at the rate of four pounds per centum per annum from the date of the said exchequer bills on such part of the said principal money as shall from time to time remain due and unpaid. 6 & 7 WILLIAM IV. Cap. 91. 181 25. And be it further enacted, That all the monies which Application +-> (U •h .s -S -< 6 T3 s 1=1 1»> ^^ rt ^ ^ 13 « o 0) (ft +-" fl 'Si -4-J O +3 -4^ O .S ^ o ^H ^ «+H ^ ^2 H n3 s> g 1 «4-l O in r o la < eg ri3 P! <1 He ^sl ^ ll U5 lO t) « « "^ ■a •a " 1 ' 2 a g « ■ • ijS* i~* ■a (3 CI p^ 1 • ' •P « ' « 1 u "Kw J * ' t w ■ ' S~T >J ^.4 t-t o 2 'a Ol'S. M -S CM ,; o'-a 2 '^ >-5 •e • 1 £ >< X ^ " =« ■ • i H 6 '-'-' -H CI " ij ^ s W T) tJ2 PS ^ s 1 •a 1 M fc; cr; U) c w cs u a> ■3 2 t3 c ^ 3 J3 fe C/J TJ Pi c w (U w "cS "m C/J Pd <1> ci XJ w li > 3 <«-• Ol ■^ S ?', C+-* (U '^ H c .a < H Pi D ■al T3 H-1 u W t- .C n J3 a ^ w a e -e 188 6 & 7 WILLIAM IV. Cap. 97, 98, 99, 100, 101. Cap. XCVII. An Act for continuing and making perpetual the Duty on certain Offices and Pensions. [19th August, 1836.] 2 W. 4. c. 45. All notices, claims, &c. under recited Act valid, this Cap. XCVIII. An Act to apply the Sum of Four Millions out of the Consolidated Fund to the Service of the Year One thousand eight hundred and thirty-six, and to ap- propriate the Supplies granted in this Session of Parliament. [20th August, 1836.] Cap. XCIX. An Act to amend Two Acts passed respectively in the Third and Fovirth and in the Fourth and Fifth Years of His present Majesty, for altering and amending the Laws relating to the temporalities of the Church of Ireland. [20th August, 1836.] Cap. C. An Act to restrain the Alienation of Corporate Pro- perty in certain Towns in Ireland. [20th August, 1836.] Cap. CI. An Act to Legalize certain Lists of Voters and of Claims and Objections for the present Year, (a) [20th August, 1836.] WHEREAS doubts have been occasioned with respect to the days and times upon or within which notices, claims, objections, and other matters by a certain Act passed in the second year of the reign of His present Majesty, intituled An Act to amend the Representation of the People in England and Wales, re- quired to be given, delivered, transmitted, done, or performed in relation to such lists, should be respectively given, deli- vered, transmitted, done, and performed in this vear : 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 assem- bled, and by the authority of the same, That in all cases in which the overseers of the poor of any parish or township shall have given notice requiring all persons who may be enti- (a) See Burn's Justice, tit. " Parliament, (Reform Act)." 6 & 7 WILLIAM IV. Cap. 101. 189 tied to vote in the election of a knight or knights of the shire year, if done to serve in parliament, in respect of any property situate '^'•'^hin the wholly or in part in such parish or township, to deliver or ^'"^e prescribed . dv order id transmit to the said overseers on or before the twentieth day of council of August in the present year, instead of the twentieth day of u July 1832. July, as fixed by the said Act, a notice of their claim as such voters according to the form by the said Act prescribed, or to the like effect, and shall, on or before the last day of August in the present year, have made out or caused to be made out, according to the form numbered 3. in the schedule H. to the said Act annexed, an alphabetical list of the names of all persons who shall have so claimed as aforesaid, in respect of any lands or tenements situate wholly or in part within such parish or township, as having been entitled on the last day of July in the present year to have their names inserted in such list, and also of the names of all persons who shall be upon the register for the time being as such voters, and in all cases in which the overseers of the poor of any parish or township wholly or in part situate within any city or borough, or place sharing in the election for any city or borough, shall have made out, in the manner and according to the form prescribed by the said Act, on or before the last day of August, and not on or before the last day oi July, in this year, an alphabetical hst of all persons entitled on the said last day of July, if duly registered according to the provisions of the said Act, to vote in the election of a member or members to serve in parliament for such city or borough in respect of the occupation of pre- mises of the clear yearly value of not less than ten pounds, all notices, claims, objections, and other matters by the said Act required to be given, delivered, transmitted, done, or per- formed in relation to such lists shall, in this year, but not after- wards, if given, delivered, transmitted, done, or performed upon or within the same days of the several calendar months of this year which were respectively appointed for the like purpose in the corresponding months of the year one thousand eight hundred and thirty-two by an order made by His Ma- jesty, with the advice of his most honourable privy council, bearing date the eleventh day oiJuly in the year one thousand eight hundred and thirty-two, be as good and of the same force and efi'ect as if they had been given, delivered, done, trans- mitted, or performed respectively upon or within the days and times in the said Act specified in that behalf. 2. And be it enacted. That in lieu of the period by the said Revising bar- Act limited for the revision of the respective lists of voters by nsters' courts the barristers, the courts for that purpose shall be held at some v"^ * '^ ^.^^ time between the fifteenth day of October inclusive and the between 15th twenty-fifth day of November inclusive in the present year, Oct. and 25th but not afterwards ; and such respective lists shall be copied Nov. out into books by the persons and in the manner respectively prescribed by the said Act on or before the last day of No- vember in the present year ; and every such book shall be the 190 6 & 7 WILLIAM IV. Cap. 102. in case of vacancy. Register. register of electors to vote at any election which shall take place between the first day of December next inclusive and the first day of November one thousand eight hundred and thirty- seven. Sheriff to ap- 3. And be it enacted. That if at anytime during which any point a person precept ought to be issued, or other act done by or with regard turning officer *° *^^ returning officer for any city, borough, or town, the office of returning officer for such city, borough, or town shall happen to be vacant, it shall be lawful for the sheriff for the time being of the county in which such city, borough, or town shall be situate, or which shall be next adjoining to such city, borough, or town, and he is hereby required, by writing under his hand, to appoint some fit person as his deputy to perform during such vacancy the duties of returning officer of such city, borough, or town ; and that if at any time, on the receipt by any sherifi^ or sherift's of a writ or precept for the return of a member or members to serve in parliament for any city bo- rough, or town, the office of returning officer for such city bo- rough, or town shall happen to be vacant, in such case it shall be lawful for such sheriff" or sheriff's, and he or they are hereby required, by himself or themselves, or by his or their deputy, to act on that occasion as returning officer for such city, bo- rough, or town. Cap. CII. 2 &3 W. 4. c. 64. Additional polling places may be ap- pointed upon petition from justices in quarter ses- sions assem- bled. An Act for rendering more easy the taking the Poll at County Elections. [20th August, 1836.] WHEREAS by an Act passed in the second and third years of the reign of His present Majesty King William the Fourth, intituled An Act to settle and determine the Divisions of Coujities, and the limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parliament, it is amongst other things enacted, that the poll for the election of knights of the shire shall be taken at such places as in a certain schedule to the said Act annexed marked (N) are mentioned : and whereas it is expedient that provision should be made for increasing the number of such polling places : 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 it shall be lawful for His Majesty, by and with the advice of His privy council, from time to time hereafter, on petition from the justices of any county, riding, parts, or division in England or Wales, in quarter sessions assembled, representing that the number of polhng places for such county, riding, parts, or division is insufficient, and praying that the place or places mentioned in the said petition may be a polling place or polling places for the county, riding, parts, or division of the 6 & 7 WILLfAM IV. Cap. 103. 191 county within which such place or places is or are situate, to declare that any place or places mentioned- in the said petition shall be a polUng place or polling places for that county, riding, parts, or division, and that the justices of the peace for such countv, riding, parts, or division in quarter sessions or some special sessions assembled, as in the said Act mentioned, shall conformably to the said Act divide such county, riding, parts, or division into convenient polling districts, and assign one of such districts to each polling place ; and every such direction or order for creating additional polhng places shall be certified under the hand of one of the clerks in ordinary of His Majesty's privy council, and when so certified shall be pub- lished in the London Gazette, and shall be of the same force and efiect as if the same had been made by the authority of parliament. 2. And be it further enacted. That no such petition as afore- Notices to be said shall be made by such justices so assembled unless a S*'^'^" previous notice in writing shall have been dehvered, one month at the to any petition least before the holding of such quarter sessions, to the clerk of the peace of the county, riding, part, or division wherein the same are held, signed by two justices of the peace for such" county, riding, part, or division, and residing therein, or * by ten inhabitants being registered voters for such county, riding, part, or division, which notice shall state that the court will, when such sessions are held, be moved to make such petition, nor unless the clerk of the peace shall, ten days at the least before the holding of such sessions, have caused a copy of such notice to be inserted twice at the least in two of the newspapers of such county, riding, part, or division, if two newspapers are published therein, or if not, in a newspaper published or commonly circulated therein together with a notice of the day upon which such quarter sessions wiU be held : provided always, that when such motion is made, any person objecting to the same shall be heard by such court against the same or any part thereof, if he thinks fit. 3. Provided always, and be it enacted. That at every con- As to the tested election of a knight or knights to serve in any future number of parliament for any county, or for any riding, parts, or division Po'^'ng ^°?!'^^ of a county, as many polling booths shah, be provided at each polling place as will allow one for every hundred and fifty electors whose names appear upon the registry of the said county or division of a county, and who may lawfully vote at such polling place ; and the high sherifl" shall provide the same accordingly. Cap. cm. An Act to make temporary Provision for the Boun- daries of certain Boroughs. (a) \20t\i August J 1836.] WHEREAS by the provisions of an Act passed in the last (rt) See Burn's Justice, tit. " Corporations (Municipal)." 192 6 & 7 WILLIAM IV. Cap. 103. 5 & 6 W. 4. c. 76. Part of the recited Act repealed. New provision as to boun- daries of boroughs, &c. 2 & 3 W. 4. c. 64. Proviso as to the liability of rate-payers. session of parliament, intituled An Act to provide for the Regulation of Municipal Corporations in England and Wales, the boundaries of certain boroughs named in the schedules (A.) and (B.) to the said Act annexed were made to include all the liberties of such borough^ and large tracts of land bevond the limits of the towns, and which ought not to be included therein : 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 Eo much of the said Act for regulating corporations as pro- vides that the metes and bounds of every borough and county named in the said Act shall include the whole of the liberties of such borough and county by land and by water, is hereby repealed; and that, notwithstanding any thing in the said Act contained, no part of any county, or of the liberties of any borough, town, or city named in the first sections of the sche- dules (A.) and (B.)' annexed to the said Act for regulating corporations, which before the passing of the said Act w^as not part of such borough, town, or city, or within the parlia- mentary boundary of such borough, town, or city, shall be taken to be within the metes and bounds of any such borough, town, or city, or within the county of such borough, town, or city, or to be within the jurisdiction of the justices of such borough, town, or city, or county of a borough, town, or city ; and that no part of any county, or of the liberties of any borough, town, or city, named in the second section of the said schedules (A.) and (B.), which was not part of such borough, town, or city, before the passing of an Act passed in the second and third year of his Majesty, intituled An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parlia- ment, shall, for the purposes of the said Act passed in the last session of parliament, be taken to be within the metes and bounds of any such borough, towai, or city, or wuthin the county of such borough, town, or city, or to be within the ju- risdiction of the justices of such borough, town, or city, or county of a borough, town, or city ; but every such part, until parliament shall otherwise direct, shall be taken to be within and to be subject to the same jurisdiction as the county, riding, parts, or divisions of a county, other than a county of a borough, town, or city, wherein such part is situated, or with which it has the longest common boundary : provided also, that all the provisions of the said Act for regulating corpora- tions concerning the liability of the rate-payers of any place or precinct which under the provisions of this Act shall not be included within any such borough, town, or city, or county of a borough, town, or city, to any debt to which the rate- payers of such borough, town, or city, or county of a borough, town, or city, were liable to contribute before the passing of 6 & 7 WILLIAM IV. Cap. 103. 193 the said Act for regulating corporations, shall be applicable to such place or precinct as if the same had not been included within the metes and bounds of such borough, town, or city, under the provisions of the said Act for regulating corpora- tions : provided also, that no election of any mayor, alderman, Proviso as to councillor, auditor, or assessor heretofore made, or any other ^^^ election of proceeding whatsoever, in any such borough, town, or city, ™^>'°^' *^- since the twenty-fifth day of December last, shall be liable to be questioned after the passing of this Act by reason that any such part of any county, or liberties of any borough, town, or city, may or may not have been taken to be part of such bo- rough, town, or city under the provisions of the said Act. 2. Pi-ovided always, and be it enacted. That, notwithstand- Boundaries of ing any thing in this Act contained, the borough of Sunder- **^^ borough of land, for the purposes of the said Act passed in the last ^" ^^ ^'^ ' session of parliament, and until parliament shall otherwise direct, shall consist of the parish of Sunderland, the town- ships of Monkwearmouth and M onkwearmouth Shore, and so much of the townships of Bishop Wearmoutk and Bishop Wearmouth Pcmns as is included within a circle of one mile from the centre of Wearmouth Bridge. 3. And be it enacted, Tliat the division of every borough. The division of town, and city into wards by the barrister or barristers ap- boroughs into pointed in pursuance of the provisions of the said Act for beuriste^ not regulating corporations shall not be annulled or vitiated by the to be affected exclusion of any ward or wards, or any part of any of the said hy the exclu- wards which shall be excluded from such borough, town, or ^'O" o^ ^"y city by this Act, but the said division shall remain in aU other ^J^'^ ""^ ^^^^ respects in force until parliament shall otherwise direct, as if the ward or wards, or part of a ward or wards, so excluded from the borough, town, or city, had not been at any time included therein : provided nevertheless, that if any borough. If a borough town, or city shall have been so divided into wards that the has been so whole of any one or more wards sliall consist wholly of a dis- f^^'°^^ ^^^^c trict excluded from such borough, town, or city by this Act, ^^^^^j ^-^^w the barrister or barristers who originally divided the borough, consist of a town, or city into wards shall, as soon as conveniently may be district ex- after the passing of this Act, assign the counciUors who were eluded by this chosen in such ward or wards to the remaining wards of the "^^ ^ " ^^''j. borough, town, or city, or such of them as he or they shall of councillors select, upon the same principles, or as nearly as may be, in to be made by his or their judgment, as were provided by the said Act for the barrister the guidance of the barristers in their assignment of council- ""tu parlia- lors to each ward, and thenceforth, and until parliament shall otherwise otherwise direct, the number of councillors in each of the re- direct, maining wards shall be the number originally assigned to such ward by the barrister or barristers, with the addition of the number so assigned to it by the barrister or barristers under this Act, and the councillors so assigned under this Act to each ward shall thenceforth l)e deemed to have been elected in the ward to which they shall have been respectively so assigned, o 194 6 & 7 WILLIAM IV. Cap. 104. and shall go out of office and vacancies among them shall be filled at the same time and in the same manner, as if the bm-- gesses of the ward by whom they were originally elected had been burgesses of the ward to which they shall have been so assigned. Local Acts for 4. And be it enacted, That nothing contained in the said the relief of ^g|. fgj. regulating corporations shall be construed to affect any to be affected. ^'^^^^ -^^^ heretofore passed for the relief and management of the poor, or to alter the district comprised within the provi- sions of any such local Act. Nothing herein 5. And be it enacted, That nothing contained in the said to affect the Act for regulating corporations shall be construed to affect or ^f\^k^T^"i^ alter the assessments of the land tax or assessed taxes, or to 01 the land or , j---ii.-t- <• •• assessed taxes extend or diminish the jurisdiction ot any commissioners of or the jurisdic- land and assessed taxes ; but that all manors, lands, tene- tion of the ments, and hereditaments, and all parishes and parts of pa- commis- rishes, and places, shall continue to be charged as heretofore towards the land tax charged upon the county or other district of which they were a part before the passing of the said re- cited Act, and to be subject in that behalf to the jurisdiction of the commissioners of the same county or other district as they would have been if the said recited Act had not been passed. Berwick- 6. And be it declared and enacted. That the borough and upon-Tweed town of Berwick-upon-Tweed, within the limits assigned to it declared a j^y ^^q g^^j^j Act, or hereafter to be assigned to it by authority intents but for parliament, shall be a county of itself to all intents and parliamentary purposes, except only so far as relates to the return of a mem- elections, ber or members to serve in parliament ; and that the provi- 3 & 4 W. 4. sions of the Act passed in the third and fourth years of his c. 74. Majesty, intituled An Act for the Abolition of Fines and Recoveries, and for the Substitution of viore simple Modes of Assurance; and the modes of assurance therein provided shall extend and apply to lands locally situated in the said borough, town, and county, any law, statute, custom, or usage to the contraiy notwithstanding. Cap. civ. An Act for the better Administration of the Borough Fund in certain boroughs. («) [20th August, 1836.] WHEREAS by an Act passed in the last session of parliament, 5 «& 6 \V. 4. intituled An Act to provide for the Regulation of Mujiicipal c. 76. Corporations in England and Wales, provision was made for the payment of the rents and profits of the real and personal estate of the mayor, aldermen, and burgesses of certain boroughs named in the schedules (A.) and (B.) to the said Act annexed, and also for the payment of certain penalties to a fund to be called in each case " The Borough Fund " of that borough : and whereas certain difficulties have occurred in (a) See Burn's Justice, tit. " Corporations." G & 7 WILLIAM IV. Cap. 104. 195 putting the said Act into execution, and certain penalties have been imposed, which ought not to be imposed, for the benefit of the said borough fund : 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 New securities be lawful for the council of any borough named in the said "lay be given schedules to execute from time to time any deed or obligation "'' ° ^ debts. in the name of the body corporate whose council they are, for securing repayment and satisfaction of any debt or obligation contracted by or on behalf of the said body corporate before the passing of the said Act for regulating corporations. 2. And be it enacted, Tliat the power of disposition given Extending tlie to the council of any bodv corporate in the instances of de- power of dis- mises for seventy-five years, authorized by the said Act, shall position given extend to the demise or lease thereof, either at a reserved rent ° , ^ counci •11111-1/- J 1 as to certain or a fine, or both, as the councu shall think nt ; and the power demises ; of disposition allowed by the said Act over the lauds, tene- and the power ments, and hereditaments of such body corporate, to be exer- allowed to be cised with the approbation of the lords commissioners of His exercised over Majesty's treasury or any three of them, shall extend to the ^^.^^j^ ^j^^ '^p_ ' disposition of such lands, tenements, and hereditaments, with probation of such approbation as aforesaid, whether by way of absolute the treasury. sale, or by way of exchange, mortgage, or charge, demise or lease, and to every other disposition of the same whatsoever which shall be so approved of as aforesaid. 3. And be it enacted. That nothing in the said Act con- Treasurer of a tained shall be construed to restrain the treasurer of any borough may borough, under the direction of the council, from applying the ^1^^' ^ procee proceeds of the sale of any advowson, or right of nomination y^grein men- or presentation to any benefice or ecclesiastical preferment, tioned. directed by the said Act, which shall have been paid to him, or any part thereof, towards the liquidation of any debt contracted before the passing of the said Act by the body corporate named in the said schedides in conjunction with such borough. 4. And whereas by the said Act it is provided, that no per- Persons as- son assigned to keep the peace within any borough, town, or ^Jg^i^" ^° f ^^P city under the provisions of the said Act shall by virtue of such borous;h assignment act as a justice of the peace in making or levying ^lay act es any county rate, or rate in the nature of a county rate ; be it justices in enacted. That, notwithstanding any thing in the said Act con- levying county tained, it shall be lawful for any such person to act as a justice ^^ ^^ "^ ^ of peace in levying any county rate, or rate in the nature of ^33^ a county rate, which shall have been legally made previously to the first day of May one thousand eight hundred and thirty-six. 5. And be it enacted, Tliat in any case in which, for the Mayor may purpose of levying any county rate, a warrant might be law- issue his war- fully issued by one or more justices of the peace, a warrant T^^^* '"'' ^^Y' may be lawfullv issued in the like case bv the mavor of anv ?^ ^^ "^ o 2 ' ' ' ' ' 196 6 & 7 WILLIAM IV. Cap. 104. Burgesses competent witnesses. Mayor, &c. if enrolled on burgess roll not liable to penalty for so acting. Corporate offi- ces may be resigned on payment of the fine. Proviso for persons refu- sing on con- scienscious grounds. Reser\'ation of exemption from tolls enjoyed by persons in virtue of other than corpo- rate rights. Accounts of corporations to be trans- mitted to se- cretary of state, and abstracts laid before parliament. borough named in the said schedules, under his hand and the corporate seal of the said borough, whether the matter of such warrant relates to the borough rate or to the watch rate ; and that in every case in which in a matter relating to the county rate a warrant is required to be directed to or issued by a high constable, such warrant may in a like matter relating to the borough rate or watch rate be directed to or issued by the high constable of the borough, or any borough officer of the like description, or by any person or persons who may have been or may hereafter be appointed by the council of the borough for the purpose of collecting the said borough rate or watch rate, or either of them. 6. And be it enacted. That no burgess of any borough named in the said schedules shall be deemed an incompetent witness in any suit or proceeding at law or in equity by reason of his being a member of such body corporate, or interested in the borough fund of any borough. 7. And be it enacted. That, notwithstanding any thing in the said Act contained, no person enrolled on the burgess roll for the time being of any borough named in the schedvdes to the said Act, and who shall act as mayor, alderman, or coun- cillor, auditor or assessor, of such borough, shall be liable to any penalty for so acting on the ground that he was not en- titled to be on the burgess list of such borough. 8. And whereas no provision is made in the said Act for resigning any corporate office on pa\-ment of a fine or other- wise ; be it enacted. That every person elected into any cor- porate office in any of the said boroughs, may at anv time re- sign such office on payment of the fine which he would have been liable to pav for non-acceptance of the same office ; provided that no person enabled by law to make an affirmation instead of taking an oath shall be liable to any fine for non-acceptance of office in anv borough by reason of his refusal on conscientious grounds to take any oath or make any declaration required by the said Act, or to take upon himself the duties of such office. 9. And be it enacted. That nothing contained in the said Act for regulating coi-porations shall be construed to alter or afi'ect the right of any person claiming discharge or exemption from toUs levied in whole or in part by or to the use of any body corjDorate by virtue of any title to such discharge or exemption other than as an inhabitant of any borough, or as a citizen, freeman, or burgess, or as a member by any name whatsoever of any body corporate named in the said schedules, or as the widow or kindred of any such inhabitant, citizen, freeman, burgess, or member of such body corporate. 10. And be it enacted. That the council of each borough, town, or city named in the said schedules, or in which a body corporate of mayor, aldermen, and burgesses may be created under the provisions of the said Act, shall, before the first day of March in each year, transmit to one of His Majesty's principal secretaries of state a statement of all monies received 6 & 7 WILLIAM IV. Cap. 105. 197 and expended on account of the mayor, aldermen, and bur- gesses of that borough, town, or city within the year pre- ceding, which statement shall be prepared in such form and manner as the secretary of state shall direct, and such accounts shall refer to the year ended upon the first of January of the vear in which such account is hereby required to be so trans- mitted ; and an abstract of such statements and accounts, under general heads, shall be laid before both houses of par- liament during their sitting in the same year in which they are hereby required to be transmitted as aforesaid. Cap. CV. An Act for the better Administration of Justice in certain Boroughs, (a) [20th Augmt, 1836.] WHEREAS by reason of certain defects in an Act passed in the last session of parhament, intituled An Act to provide for the Regulation of Municipal Corporations in England and Wales, 5 & 6 W. 4. the administration of civil and criminal justice is injuriously ^- '^^• hindered and delayed in certain boroughs named in the schedules (A.) and (B.) to the said Act annexed : be it there- fore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Tem- poral, and Commons, in this present Parliament assembled, and by the authority of the same. That the justices of the peace of any county, riding, parts, or division of a county County jus- shall have the same powers of contracting with the council ^'^^^ "^^y of any borough, town, or city named in the said schedules in ^°" '^? ^ * . ^ ' . council of a which it shall have been made to appear to the satisfaction of borough in one of His Majesty's principal secretaries of state that there is which there is a gaol or house of correction fit for the confinement of prisoners, a sufficient for the conveyance to and support and maintenance in such ^ . ^^ gaol or house of correction of prisoners committed thereto by county orison any justice or justices of such county, ridings, parts, or division ers thereto. of a county, which the council of any other borough have with respect to prisoners committed to such gaol or house of cor- rection from such last mentioned borough ; and all the provisions of an Act made in the fifth year of His late Majesty, intituled An Act for amending an Act of the last Session of Parliament relating to the building, repairing, and enlarging of cej-tain Gaols 5 G. 4. c. 85. and houses of Correction, and for procuring Information as to the State of all other Gaols and Houses of Correction in England and Wales, shall extend, or as nearly as may be, to all such contracts ; and in case His Majesty shall have granted to the borough, town, or city in which such gaol or house of cor- if there is a rection shall be situated a separate court of quarter sessions of separate court the peace, such offenders may be tried and sentenced by such of quarter ses- court for all off'ences of which the court has cognizance, and f^'""^ in the punished accordingly, and all the provisions of the last-recited offenders may _ — ■ . — — be tried there. (a) See Burn's Justice, tit. " Corporations." 198 6 & 7 WILLIAM IV. Cap. 105. Power to try prisoners at borough ses- sions, although committed for trial under contract to a count)' prison more than two miles from the borough. Oaths required to be taken by recorder, &c. may be taken before the mayor or two aldermen or councillors. Mayor to hold over until acceptance of office by his successor. Sheriff to be elected on ninth Novem- ber instead of first November. Coroner may appoint a de- Act made in the fifth year of His late Majesty shall extend as nearly as may be to the trial and punishment of such offenders, and to all Acts necessary for such trial or consequent thereon. 2. And whereas it is expedient to enlarge the powers given to the councils of the boroughs named in the said Act for the regulation of municipal corporations, in which a separate court of quarter sessions of the peace shall be holden, of contracting with the justices of the peace having authority or jurisdiction in and over any gaol or house of correction of the county, riding, or division w^herein such borough is situated or where- unto it is adjacent, for the conveyance, support, and main- tenance in such last mentioned gaol or house of correction of prisoners committed thereto from such borough ; be it enacted. That it shall be lawful to tiy any such prisoner at the borough court of quarter sessions of the peace, and for the proper officer of such borough to direct the removal of such prisoner for trial, and to do all other acts necessary for such trial or consequent thereon, notwithstanding that the gaol or house of correction so receiving under contract a prisoner committed for trial may be situate more than two miles from the usual place of trial of such borough. 3. And whereas it is by the said recited Act enacted, that no recorder or person assigned to keep the peace within any such borough shall be capable of acting as recorder or justice of the peace within such borough until he shall have taken the oaths provided to be taken by justices of the peace, except the oath as to qualification by estate ; be it enacted. That all oaths so required to be taken by any such recorder or person assigned to keep the peace may be taken before the mayor or any two aldermen or councillors of the said borough, without suing out or obtaining any special dedimus or other commission or authority for administering such oaths. 4. And whereas by the said Act it is provided that the mavor of eveiy borough named in the said schedules (A.) and (B.) shall continue in his office for one whole year ; be it enacted. That the mayor of every such borough shall continue in office for one whole year, and until his successor shall have accepted the office of mayor, and shall have made and sub- scribed the declaration required in that behalf. 5. And be it enacted. That so much of the said Act as prox-ides for the appointment of any sheriff on the first day of November in this or any following year is hereby repealed ; and that every such appointment of sheriff shall be on the ninth day of Novemher, at the quarterly meeting of the council, and immediately after the election of mayor, and in all other respects according to the provisions of the said Act ; and every sheriff appointed under the provisions of the said Act or of this Act shall hold his office until the appointment of his successor. G. And be it enacted. That in case of illness or unavoidable absence the coroner for the time being of anv borough, town, 6 & 7 WILLIAM IV. Cap. 105. 199 or city named in the said Act shall be empowered and he is puty in case hereby required, by writing under his hand and seal, to appoint °^ iJlness or a fit nerson, beinor a barrister at law or an attornev of one of "^avoidable X ' o ^ J 3.bsGnc6 His Majesty's courts at Westminster, and not being an alder- man or councillor of such borough, town, or city, to act for him as deputy coroner during the illness or unavoidable absence of such coroner, but no longer or otherwise : provided always. Proviso, tliat the mayor or two justices of such borough, town, or city shall on each occasion certify under their hands and seals the ' necessity for the appointment of such deputy coroner ; and such certificate shall state the cause of absence of the coroner, and shall be openly read to every inquest jury summoned by such deputy coroner ; and the particulars of every inquest holden before any deputy coroner shall be included in the return to be made by the coroner to the secretary of state, as provided by the said Act. 7. And be it enacted, That in every case in which before Extension of the passing of the said Act a court of requests or of conscience jurisdiction of for the recovery of small debts was established in any borough, ^°^ ^ ° •' ^ -11 11 requests. town, city, or county or a town or city, the boundary where- of shall have been enlarged by the said Act, the jurisdic- tion of such coui't shall be extended to such enlarged boun- dary : provided nevertheless, that nothing herein contained shall extend to give such court cognizance of any suit which before the passing of this Act could not be brought therein, and could be brought in some other court of conscience or requests. 8. And be it enacted. That every thing provided under any Powers of local local Act of Parliament to be done exclusively by any particular Acts hereto- or limited number, class, or description of the members of [°'^ exercised any body coi-porate named in the schedules (A.) and (B.) QuarterTeV^ annexed to the said Act for regulating corporations, the con- sions, and not tinuance of which is not inconsistent with the provisions of within the the said Act, and also every thing provided in any such local powers of the Acts to be done by the iustices, or by some particular class or '■^'^°™^''' VGSTGQ in. tllS description of members of such body corporate, being justices, council, at some court of general or quarter sessions assembled, and Avhich does not relate to the business of a court of criminal or civil judicature, shall and may be done by the council at some quarterly meeting of the council, or by some committee of the council, or any three or more of such committee to be appointed at a quarterly meeting of the council : provided also, that every thing herein authorized to be done at a quarterly meeting of the council may be done at a meeting of the council to be specially summoned for that purpose as soon as may be after the passing of this Act : provided also, that no recorder by virtue of his office shall have power to allow, apportion, make, or le^'y, or do any act whatsoever with relation to the allow- ance, apportionment, making, or levying of any rate what- soever. 0. And whereas doubts have arisen as to the provisions of Pio vision loi 200 6 & 7 WILLIAM IV. Cap. 105, holding the said Act for regulating corporations respecting judges in courts of borough courts of record for the trial of civil actions not recorc . regulated by the provisions of any local Act of Parliament, or in which at the time of passing the said Act a barrister of five years standing did not act as judge or assessor ; be it therefore enacted and declared, That from and after the passing of this Act the recorder, and in the absence of the recorder such person, being a barrister of not less than five years standing, as shall be appointed by the recorder under his hand and seal to hold the said court, shall be the judge of such court and shall hold the said court at such times as the said recorder in his discretion may think fit, or as His Majesty shall think fit to direct ; and every recorder or person so appointed to hold such court shall be entitled to have such salary paid to him out of the borough fund as the council shall fix by some bye law to be made in that behalf: provided also. That aU rules hereafter to be made for regulating the practice of such courts shall be approved and signed by the recorder of such borough, if there shall be a recorder, before the same shall be submitted to the judges of the superior courts for allowance and confir- mation by them according to the provisions of said recited Act. Repeal of part 10. And be it enacted. That so much of the said Act as of 5 & 6 W. 4. provides that the courts of quarter sessions of the peace of the courts ^^ouar- ^^^ ports of Hastings, Sandwich, Dove?- and Hythe, ter sessions ^^^ of the ancient town of Rye, or of such of the said towns for the cinque and ports and ancient town to which His Majesty shall grant ports, and new a separate court of quailer sessions of the peace, shall have provision im'isdiction over offences and matters committed, arising, and happening within the towns named in the schedule to the said Act which are ancient corporate members and liberties of the said towns and ports and ancient tovvTi respectively, and to which His Majesty shall not grant a separate court of quarter sessions of the peace, and also provides that any or either of the said towns and ports of Hastings, Sandwich, Dover, and Hythe, and ancient town of Rye, to which His Majesty shall not grant a separate court of quarter sessions of the peace, and their or its members and hberties, shaD, for all purposes relating to the jurisdiction of courts of quarter sessions of the peace, be respectively within the jurisdiction of the courts of quarter sessions of the peace of the nearest other of the said towns and ports or ancient town to which HisMajesty shall grant a separate court of quarter sessions of the peace, is hereby re- pealed ; and it is hereby enacted, that, until other provision shall be made by parliament in that behalf, courts of general sessions of the peace and gaol delivery shall and may be holden in and for the said towns and ports of Hastings, Sandwich, Dover, snd Hythe, and ancient town of Rye, or such of the said towns and ports and ancient town to which His Majesty shall not grant a sepa- rate court of quarter sessions of the peace, and for the ancient members and liberties thereof, not being corporate, and also in and for the towns oi Deal, Faversham, Folkestone, and Ten- 6 & 7 WILLIAM IV. Cap. 105. 201 terden, or such of the said towns to which His Majesty shall not grant a separate court of quarter sessions of the peace, be- fore the person who at the time of the passing of the said Act was or acted as recorder or steward or assessor, or by whatso- ever other name he was called, of the said towns and ports, ancient town and towns respectively, or in case of his death or resignation or absence, or in case there was no such recorder or steward or assessor, then before any barrister at law, of not less than five years standing, whom His Majesty shall appoint to hold the same, in the same manner in other respects, and with the same powers and authorities, as before the passing of the said Act, except as regards the trial of capital felonies ; and so long as such courts of general sessions of the peace and gaol delivery shall be holden the offices of clerk of the peace and coroner shall be holden and exercised by the same per- sons, or by the same officers of such of 'the said towns and ports, ancient town and towns respectively, to which His Ma- jesty shall not grant a separate court of quarter sessions, by whom or by which the same were holden at the time of the passing of the said Act, or in case of their death or resignation, or there being no longer such officers, then by such persons as the councils of such towns and ports, ancient town and towns respectively, shall appoint to hold the same, with the same powers and authorities as before the passing of the said Act ; and the non-corporate members and liberties of the said towns and ports of Hastings, Sandwich, Dover, and Hythe, and the said ancient town of Rye, shall and may be chargeable and charged by the courts of general or quarter sessions of the peace holden for the same respectively with a due proportion of the expences of such towns and ports and ancient town respectively, and the non-corporate members and liberties thereof, to the payment of which expenses rates in the nature of county rates are applicable, and the same shall and may be assessed and levied in the manner in which rates of that de- scription were assessed and levied before the passing of the said Act ; and a due proportion of inhabitant householders to serve as grand jurors and jurors at the courts of general or quarter sessions of the peace of the said towns and ports of Hastings, Sandwich, Dover, and Hythe, and of the said ancient town of Rye, shall be summoned by the clerks of the peace of the said towns and ports and ancient town from the non -corporate members and liberties thereof respectively, and the attendance of such jurors shall be enforced and their defaults punished in the manner by the said Act directed with respect to jurors in boroughs. 1 1 . And be it enacted. That His Majesty's justices of the Justices acting peace acting under the authority of a commission or commis- under commis- sions issued by virtue of an Act passed in the fifty-first year of sions granted tlie reign of his late Majesty King George the third, intituled ^jj ^q%^°\q An Act to facilitate the Execution of Justice within ^^6 may exercise Cinque Ports, shall and may have and exercise all the juris- all the powers 202 6 & 7 WILLIAM IV. Cap, 106. of justices in counties rela- ting to the granting of licences to victuallers. His Majesty may appoint the vice chan- cellor of Cam- bridge Univer- sity to be a justice of the borough. Proviso as to vice chan- cellor's power of licensing alehouses. diction, powers, and authorities belonging to justices of the peace in counties relating to the granting of licenses or autho- rities to persons to keep inns, alehouses, or victualling houses, or to sell exciseable liquors by retail, within any of the said towns and ports of Hastings, Sandwich, Dover, and Hythe, and of the ancient town of Rye respectively, which shall not have justices of the peace assigned to them by virtue of the said Act passed in the last session of parliament, and the non- corporate members and liberties thereof, and also within any of the said towns of Deal, Faversham, Folkestone, and Ten- terden respectively, which shall not have justices of the peace assigned to them by virtue of the same Act. 12. And whereas doubts have been entertained whether, under the provisions of the said recited Act, it may be lawful for His Majesty from time to time to constitute and appoint the vice chancellor of the vmiversity of Cambridge for the time being a justice of the peace in and for the town and borough of Cambridge ; be it therefore enacted. That it shaU be lawful for His Majesty, his heirs and successors, from time to time, if His Majesty shall So think fit, in and by his commission of the peace for the said town and borough to constitute and appoint the vice chancellor of the university for the time being a jus- tice of the peace for the said towTi and borough, any thing in the said recited Act or in this Act to the contrary notwith- standing : provided always, that no vice chancellor of the said university, by reason of his being named in any commission of the peace for the said town and borough, shall thereby have, as touching the grant of licenses to alehouses, any greater au- thority as justice of the peace than any other justice of the peace named in any such commission, but that nothing in this Act shall be construed to alter or in any way to affect the rights and privileges which the vice chancellor by virtue of his office now lawfully has or enjoys, or might have lawfully had and enjoyed if the vice chancellor had not been appointed under the provisions of this Act a justice of the peace for the said town and borough. Cap. CVI. An Act to make Provision for the better and more expeditious Administration of Justice in the Stan- naries of Cornwall, and for the enlarging the Juris- diction and improving the Practice and Proceedings in the Courts of the said Stannaries. [20th August, 1836.] 6 & 7 WILLIAM IV. Cap. 107. 203 Cap. CVII. An Act to extend the Period for the Repayment of Loans made under an Act passed in the Fourth and Fifth Year of His present Majesty, for the Amend- ment and better Administration of the Laws relating to the Poor in Mnglcuid and TVales. [20th August, 1836.] WHEREAS by an Act passed in the fourth and fifth years of the reign of His present Majesty, intituled An Act for the Amendment and better Administration of the Laws relating to „ the Poor in England and Wales, it is enacted, that when any sum of money shall have been borrowed for certain purposes therein mentioned, the principal sum shall be repaid by annual instalments of not less than one tenth of the sum borrowed, with interest on the same, in any one year : and whereas several loans have been made by the exchequer loan commis- sioners and by private persons to divers parishes and unions, the amount whereof or of a large part thereof is still due, and it is expedient that authority should be given in certain cases to allow a longer period for the repayment of such money : 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 when any money shall have been so borrowed by any parish or union under the ^"° ^\ c direction or with the sanction of the poor law commissioners, loans already it shall be lawful for the exchequer loan commissioners, with made may be the approbation of the lords commissioners of His Majesty's extended to 20 treasury or of any three or more of them, or for any private y^^^^ instead persons, if they shall see fit, to extend the repayment of the principal sum borrowed under the provisions of the said re- cited Act, and then remaining due, to such a period as cal- culating from the date of the charge on the poor rates of such parish or union would extend the repayment thereof to a period not exceeding twenty years instead of ten years, as pro- vided for by the said recited Act ; and in every future advance it shall be lawful for the exchequer loan commissioners, with the ^"J '" " "/^ approbation of the lords commissioners of His Majesty's trea- repaymentmay sury or of any three or more of them, and also for any private be extended to persons, if they shall see fit, to extend the repayment of any 20 years. principal sum so to be borrowed to a period not exceeding twenty years as aforesaid : provided always, that not less than one twentieth part of such principal sum and the interest due in each year upon the whole sum remaining due shall be paid off in every year. 2. And be it further declared and enacted. That any loans Extension of which have or shall in future be made by the said exchequer repayment of loan commissioners or by any private persons under the said l"^"}^ '"°^ to recited Act, and the period of repayment of which shall be P'^'^^^'p^ the ^ 1^ ; securities. (a) See Burn's Justice, tit. " Pook." 204 6 & 7 WILLIAM IV. Cap. 108, 109, 110, 111. extended under the provisions of this Act, such extension shall be without prejudice to any security or securities taken or which may in future be taken for such sums or advances respectively, and such loans shall by virtue of such extension be repayable at the extended periods in such and the like manner as if such extended periods of repayment had been inserted in such security or securities respectively instead of the periods provided by the said recited Act and set forth in such security or securities respectively. Cap. CVIII. An Act to amend an Act passed in the First and Second Years of His present Majesty, for the Ex- tension and Promotion of Public Works in Ireland. [20th August, 1836.] Cap. CIX. An Act to repeal certain Provisions respecting the Coal Trade. [20th August, 1836.] Cap. ex. An Act to repeal so much of an Act of the Fifty-fourth Year of King George the Third, respecting Copy- rights, as requires the Delivery of a Copy of every published Book to the Libraries of Sion College, the Four Universities of Scotlcmd, and of the King's Inns in Dublin. [20th August, 1836.] Cap. CXI. An Act to prevent the Fact of a previous Conviction being given in Evidence to the Jury on the Case before them, except when Evidence to Character is given, (a) [20th August, 1836.] WHEREAS by an Act passed in the seventh and eighth years of the reign of King George the Fourth, intit;xled An Act for further improving the Administration of Justice in Criminal Cases, provision is made for the more exemplary punishment 7 & 8 G. 4. of offenders who shall commit any felony not punishable with ^- ^^- death after a previous conviction for felony : And whereas since the passing of the said Act the practice has been on the trial of any person for any such subsequent felony to charge the jury to inquire at the same time concerning such previous (a) See Burn's Justice, tit. "Felony." 6 & 7 WILLIAM IV. Cap. 112, 113, 114. 205 conviction : And whereas doubts may be reasonably enter- A previous tained whether such practice is consistent with a fair and im- conviction not partial inquiry as regards the matter of such subsequent felony, ° be given in and it is expedient that such practice should from henceforth ^^ ^j^^ jurv^^ be discontinued : be it therefore enacted, by the King's most until after the excellent Majesty, by and with the advice and consent of the finding for a Lords Spiritual and Temporal, and Commons, in this present subsequent Parhament assembled, and by the authority of the same, That ^^1°"^' ^?/^P* . . . when evidence from and after the passing of this Act it shall not be lawful on as to "ood the trial of any person for any such subsequent felony to character is charge the jiiry to inquire concerning such previous conviction given, until after they shall have inquired concerning such subsequent felony, and shall have found such person guilty of the same ; and whenever in any indictment such previous conviction shall be stated, the reading of such statement to the jury as part of the indictment shall be deferred until after such finding as aforesaid : provided nevertheless, that if upon the trial of any person for any such subsequent felony as aforesaid such person shall give evidence of his or her good character, it shall be lawful for the prosecutor, in answer thereto, to give evidence of the indictment and conviction of such person for the previ- ous felony before such verdict of guilty shall have been re- turned, and the jury shall inquire concerning such previous conviction for felony at the same time that they inquire con- cerning the subsequent felony. Cap. CXII. An Act for further facilitating the hearing and deter- mining of Suits in Equity in His Majesty's Court of Exchequer at Westminster. [20th August, 1836.] Cap. CXIII. An Act for raising the Sum of Fourteen millions seven thousand nine hundred and fifty Pounds by Exchequer Bills, for the Service of the Year One thousand eight hundred and thirty-six. [20th August, 1836.] Cap. CXIV. An Act for enabling Persons indicted of Felony to make their Defence by Counsel or Attorney. («) [20th August, 1836.] WHEREAS it is just and reasonable that persons accused of offences against the law should be enabled to make their full answer and defence to all that is alleged against them : be it (a) See Burn's Justice, tit. " Trial." 206 6 & 7 WILLIAM IV. Cap. 115. All persons tried for felony after 1st Octo- ber next may make their defence by counsel or attorney. In cases of summary conviction. Copies of de- positions to be allowed to prisoners. Proviso. Prisoners entitled to inspect depo- sitions on trial Act may be altered this session. 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 assem- bled, and by the authority of the same, Tliat from and after the first day of October next all persons tried for felonies shall be admitted, after the close of the case for the prosecution, to make full answer and defence thereto, by counsel learned in the law, or by attorney in courts where attornies practise as counsel. 2. And be it further declared and enacted, That in all cases of summary conviction, persons accused shall be admitted to make their full answer and defence and to have all witnesses examined and cross-examined by counsel or attorney. ■3. And be it further enacted. That all persons who after the passing of this Act shall be held to bail or committed to prison for any offence against the law shall be entitled to require and have, on demand, (from the person who shall have the lawful custody thereof, and who is hereby required to deliver the same,) copies of the examinations of the witnesses respect- ively upon whose depositions they have been so held to bail or committed to prison, on payment of a reasonable sum for the same, not exceeding three halfpence for each folio of ninety words : provided always, that if such demand shall not be made before the day appointed for the commencement of the assize or sessions at which the trial of the person on whose behalf such demand shall be made is to take place, such per- son shall not be entitled to have any copy of such examination of witnesses, unless the judge or other person to preside at such trial shall be of opinion that such copy may be made and delivered without delay or inconvenience to such trial ; but it shall nevertheless be competent for such judge or other person so to preside at such trial, if he shall think fit, to postpone such trial on account of such copy of the examination of wit- nesses not having been previously had by the party charged. 4. And be it further enacted. That all persons under trial shall be entitled, at the time of their trial, to inspect, without fee or reward, all depositions (or copies thereof) which have been taken against them and returned into the court before which such trial shall be had. 5. And be it further enacted, That this Act may be amended, altered, or repealed by any Act or Acts to be passed in this present session of parliament ; and that nothing herein contained shall extend to Scotland. Cap. CXV. An Act for facilitating the Inclosure of Open and Arable Fields in England and JVales. (a) [20th August, 1836.] WHEREAS there are in many parishes, townships, and places (a) See Burn's Justice, tit. " Inclosure." G & 7 WILLIAM IV. Cap. 115. 20/ in England and Wales divers open and common arable, mea- dow, and pasture lands and fields, and the lands of the several proprietors of the same are frequently very much intermixed and dispersed, and it would tend to the impi-oved cultivation and occupation of all the aforesaid lands within such parishes, townships, and places, and be otherwise advantageous to the proprietors thereof and persons interested therein, if they were enabled by a general law to divide and inclose the same : And whereas an Act was passed in the forty-first year of the reign of his late Majesty King George the Third, intituled ^m ^e^ 41 G. 3. c. 109, for consolidating in One Act certain Provisions usually inserted in Acts of Inclosure, and for facilitating the Mode of proving the several Facts usually required on the jmssing of such Acts : And vv'hereas another Act was passed in the first year of His late Majesty King George the Fourth, intituled An Act to amend 1 G. 4. c. 2^. the Law respecting the inclosing of Open Fields, Pastures, Moors, Commons, and Waste Lands in England : 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 Com- mons, in this present Parliament assembled, and by the au- Open and thority of the same. That from and after the passing of this common lands Act it shall be lawful for two third parts in number and value ™^J , . , (such value to be ascertained as herein-after mentioned) of the ^j^g consent of several persons who shall be seised or possessed of or entitled two third parts in possession to or interested in possession in any rights of in number and common or other rights in any open and common arable fields ^^'ue of the (including any untilled slips or balks therein), or any open pTed^therdn and common meadow or pasture lands or fields, in any parish, township, or place in England or Wales, known by metes and bounds, or occupied according to known and legal rights (ex- cept as herein-after provided), as tenant in fee simple or in fee tail, general or special, or for life or lives, or by the courtesy of England, or for any other estate of or as of freehold, or for years determinable on any life or lives, or for any term of years whereof one hundred years shall be unexpired, or as a holder of lands or rights of copyhold, customary tenant right, or other tenure, of an estate or interest equal in quantity to the estates herein-before mentioned or any of them, and for the guardian, trustee, feoifee for charitable or other uses, hus- band or committee of such person who at the time of any agreement for or on the making of any inclosure authorized by this Act shall be an infant, idiot, lunatic, or feme covert, or under any other disability, in such manner and with such con- sent as is herein-after mentioned, to inclose such open and common arable, meadow, and pasture lands and fields, or any of them, and to extinguish the right of inter-commonage which shall exist as well over as in respect of such land ; provided that no such inclosure shall take place without the consent in writing under the hands of two third parts in number and value of the persons so seised, possessed, entitled, or inter- ested as aforesaid, or of the guardians, trustees, feoffees, hus- bands, or committees aforesaid of such of the said persons who 208 ' 6 & 7 WILLIAM IV. Cap. 1L5. may be under disability as aforesaid, such value to be ascer- tained by the assessments of the poor rates of the respective parishes or townships for the then current year, which assess- ments of the poor rates, in case they shall not be made accord- ing to the full annual amount or value of the tenements and property thereby assessed, shall be increased or diminished so as to represent the full or true annual value of the several lands, fields, and rights liable to be affected bv the intended inclosure, and where the lands are extra-parochial, or no poor rates shall exist in respect of any such lands, then by the full or true annual value thereof: provided also, that no such inclosure shall take place, nor shall any agreement for that purpose be binding, until a public meeting of the proprietors and persons interested in the lands intended to be inclosed shall have been previously called for the purpose of taking tlie expediency of such inclosure into consideration by notice under the hands of three or more of such proprietors or per- sons interested, such notice to be affixed on the principal outer door of the church or chapel of the parishes, townships, or places wherein the lands intended to be inclosed shall lie, or in case there be no such church or chapel, then on the door of the church or chapel of some adjoining parish, township, or place, and also advertised in some newspaper circulating in the county wherein such lands lie, at least fourteen davs before the said intended meeting : provided that such inclosure may after such meeting be proceeded with by and with the consent in wi'iting of two third parts in number and value of the pro- prietors and persons interested in the lands intended to be in- closed, notwithstanding some of the parties who may approve of and consent to such inclosure may not be present at such meeting, and may signify their consent thereto after the same shall have been holden. The consent of And be it further enacted. That whenever any inclosure shall the tenant in be proposed to be made or consented to under the authority remain er ^£ ^|^-g ^^^ ^^ ^ agreement for compensation in pursuance nGCGSScirv ^ ^ o i _ i. in certain ^^ ^^^ provisions in that respect hereinafter contained shall be cases. entered into, by any person or persons who being necessary to make up, and without whom there shall not be consenting parties sufficient to make up, the proportion of two third parts in number and value hereinbefore required, or other the pro- portion hereinafter required in the case of an inclosure without the assistance of commissioners, and who shall have a less estate or interest in the land to be inclosed, or the said rights therein, than a fee simple or an estate in tail, or be an holder of a copyhold or customaryhold tenant right or other tenure in such lands or rights for any less estate than an estate or interest in fee or in tail, or shall be under any disability, such consent shall not be available for the purposes of this Act unless the person to whom the next immediate vested estate of freehold or of copyhold or customaryhold tenant right or other tenure of inheritance, in remainder or reversion, shall have been G & 7 WILLIAM IV. Cap. 115. 209 limited, (provided such person shall be of the full age of twenty-one years, and being a female shall be unmarried), shall consent thereto in writing ; and such consent shall be sufficient for the purposes of this Act, notwithstanding the person giving the same may have an equitable estate only in the land intended to be inclosed, or may have previously charged or incumljered his reversionary estate therein : pro- vided always, that if the person to whom such next imme- diate vested estate in remainder or reversion may have been limited shall at the time such enclosure is proposed to be made happen to be an infant, feme covert, idiot, or lunatic it shall be lawful for the guardian or husband or committee of such infant, feme covert, idiot or lunatic, to consent to such inclosure in his or her stead : provided always, that in respect to any land held in right of any benefice no consent of the incumbent thereof shall alone be available for the purposes of this Act, where such consent shall be necessaiy to make up the proportion of two third parts in number and value hereinbefore required, or other the proportion hereinafter required in the case of an inclosure without the assistance of commissioners, without the concurrence of the patron of such benefice, and of the archbishop or bishop to whose ordinary or peculiar jurisdiction the said benefice shall be subject ; and if the patron of such benefice shall happen to be a minor, idiot, lunatic, or feme covert, it shall be lawful for the guardian, committee or husband of such patron to consent to such inclo- sure in the stead of such patron, and on his or her behalf : provided always, that if the patronage of such benefice shall happen to be in the crown, and the benefice shall exceed the yearly value of twenty pounds in the King's books, no con- sent of the incumbent thereof shall be available for the pur- poses of this Act, where such consent shall be necessary to make up either of the proportions aforesaid, without the con- currence of the lord high treasurer or the first lord commis- sioner of the treasui-y for the time being, who are respectively hereby authorized so to concm' ; but if such benefice shall not exceed the yearly value of twenty pounds in the King's books, then no consent of the incumbent thereof shall be available for the purposes of tliis Act, where such consent shall be neces- sary to make up either of the proportions aforesaid, without the concurrence of the Lord High Chancellor, Lord Keeper , or Lords Commissioners of the great seal for the time being, who is and are hereby authorized to give such consent on behalf of the Crown. 3. And be it further enacted. That whenever the persons Commission- whose consents are hereby rendered necessary to any such ers to be inclosure shall have consented thereto in manner in that behalf no'nmated by herein authorized and required, it shall be lawful for the major (.onseiiti'n<^ to part in number and value of the proprietors of and persons tlie inclosure, interested in the lands intende-d to be divided and inclosed, or their known agents, who may be present at a meeting to be ciiUed for that purpose, to nominate and appoint in writing I' 210 6 & 7 WILLIAM IV. Cap. 115. under their hands one or more person or persons (not inte- rested in the premises) to be a commissioner or commissioners for dividing, allotting, and inclosing, and he or they is and are hereby empowered to divide, allot, and inclose, all or any of the open and common arable meadovt' or pasture lands or fields in any such parish, township, or place, or in any parishes, townships, or places adjoining or lying within two miles of the aforesaid parish, township, or place which may have been agreed to be divided, allotted, and inclosed as aforesaid ; and when and as often as any such commissioner, or any commis- sioner to be from time to time appointed in his place, shall die, neglect, or refuse, or become incapable to act, it shall be lawful for the major part in number and value of the proprietors of such open common arable fields or other lands or fields as aforesaid so agreed to be divided, allotted, and inclosed, or of their agents, assembled at a public meeting to be held in man- ner hereinbefore mentioned in respect to the meeting for taking such inclosure into consideration, to nominate and appoint any other person not interested in the premises to be a com- missioner in the stead or place of the commissioner so dying, neglecting, refusing, or becoming incapable to act as aforesaid ; and in case the said proprietors or persons interested as afore- said shall make default in appointing any new commissioner •within two calendar months after any such death, neglect, refusal, or disabihty shall happen, and shall be known and signified to them or any two of them respectively as aforesaid, then the surviving or remaining commissioner (if any) shall and he is hereby required from time to time, by writing under his hand, within one calendar month next after the expiration of the said period allowed to the proprietors or persons inte- rested for naming such new commissioner to be appointed as aforesaid, to appoint one other commissioner, not interested in the said inclosure, in the place of such commissioners so dying, neglecting, refusing, or becoming disabled to act as aforesaid ; and every such new commissioner so to be appointed shall have the like powers and authorities for carrying this Act into execution in all respects whatsoever as the commis- sioner in whose place he shall have been so appointed and chosen as aforesaid was invested with under and by virtue of this and the said hereinbefore recited Act. Commission- 4. And be it further enacted. That the said commissioner ers to appoint or commissioners shall and they are hereby authorized and a clerk. empowered to appoint a clerk to assist him or them in the execution of the said recited Act and this Act, and shall and may remove such clerk and appoint another in his room as to him or them shall seem meet ; and in case of the death, in- capacity, neglect, or declining to act of any such clerk, then and in any such case the said commissioner or commissioners shall and may appoint any other person to be clerk. Umpire to be 5. And be it further enacted. That in aU cases where two appointed. commissioners shall have been appointed for any such in- closure they shall, before they proceed upon the business of 6 & 7 WILLIAM IV. Cap. 115. 211 such inclosure, by writing under their hands appoint a fit and proper person (not interested in the said division and inclosure) to act as umpire between them, and from time to time after- wards renew such appointment in the event of the death, refusal, neglect, or incapacity to act of the person so appoint- ed ; and if any difference of opinion shall arise between them In case of touching or concerning any matter or thing to be done by difference of them by virtue or in the execution of the said recited Act or ^g™°g^ ^^^ of this Act, the matter upon which such difference shall arise commission- shall be settled and determined by such person so to be ap- ers, the matter pointed umpire, whose determination therein shall be deemed to be deter- and taken to be the determination of the said commissioners, "in^'^d by the and shall be reduced into wi'iting, and shall be binding and "'^^1^"' • conclusive upon all parties whomsoever (so far as the acts and determinations of the commissioners are by the said recited Act or this Act declared to be final and conclusive ;) and for the purposes aforesaid such umpire shall have and he is hereby invested with the same powers and authorities as by the said recited Act and this Act are given or vested in the said com- missioners. 6. Provided always, and be it further enacted. That no Commission- person shall be capable of acting as a commissioner or an ^'^^. ^P*^ umpire u^ipire or a surveyor in the execution of this Act, or the said ^^^1^ recited Act until he shall have taken and subscribed an oath or made an affirmation in the form or to the effect following before one of His Majesty's justices of the peace for the county, riding, division, or place in which the lands intended to be inclosed, or some part thereof are situate ; which oath or affir- mation the said justice is hereby empowered to administer ; (that is to say,) ' Y A. B. do swear, [or, being one of the people called Quakers, Form of oath. • do solemnly affirm,] That I will faithfully, impartially, * and honestlv, according to the best of my skill and judg- ' ment, execute and perform the several powers and authori- ' ties vested and reposed in me as a commissioner \_or an ' umpire] or surveyor [as the case may he'] by virtue of an Act ' passed in the year of the Reign of King Wil- ' Ham the Fourth, intituled An Act, 8;c. [here set forth the title ' of this Act,~\ according to equity and good conscience, with- ' out favour or affection, prejudice or partiality, to any person ' or persons whomsoever. ' So help me God.' [Or, being a Quaker, omit the words ' So help me God.'] 7. And be it further enacted, that the said commissioner or Commission- commissionei'S or umpire shall and he or thev is or are hereby ^'^^}° S've *' * IlOtlCG 01 ret^uired to cause notice in writing to be affixed to the respec- meetin^-s &c. tive church or chapel doors of the parish, township, or place wherein the lands intended to be inclosed are situate, or if there be no church or chapel, then in some conspicuous public p2 212 6 & 7 WILLIAM IV. Cap. 115. place there, and also a like notice to be published in some newspaper circulating in the county wherein such lands lie, of the time and place of his or their attendance or meeting, and of all other subsequent attendances or meetings for executing the powers hereby or in and by the said recited Act vested in Adjournment him or them, ten days before any such meeting (meetings by of meeting in adjournment only excepted ;) and if there be two commission- case of failure ^^^^ ^^^^ ^^^ more than one of them shall attend at the time of commis- ^^^ place appointed for any such meeting, it shall be lawful sioners. for the commissioner who shall attend such meeting, or the clerk of the said commissioners, or if notice shall have been given of such meeting by any umpire, and both the commis- sioners shall not attend the same, it shall be lawful for such umpire to adjourn such meeting to anv future day not ex- ceeding fourteen days from the day of adjournment; and such clerk shall cause notice of such adjournment to be given to the Place of said commissioners : provided always, that all the meetings of meetmg. ^jjg gg^j^j commissioners, or umpire and commissioners, shall be holden in one of the parishes or townships wherein the lands to be inclosed are situate, or within seven miles of the boun- daries of one of them. Mode in which 8. Provided always, and be it further enacted. That all other notices other notices necessary or requisite to be given by the said are to be given, commissioner or commissioners or umpire shall be so given bv affixing the same on the respective church or chapel doors of the several parishes, townships, or places wherein the lands to be inclosed are situate, or if there be no church or chapel, in some conspicuous public place in such parishes, townships, or places, and by advertisement in a newspaper circulating in the county wherein such lands are situate. Allowance to 9. And be it further enacted, That out of the money that commissioners, shall arise for defraying the expenses of executing this Act umpiie, and there shall be paid to each of the commissioners (if more than one) and to the umpire who shall act in the execution thereof, as a recompense for his pains and trouble, the sum of three guineas for each and every day they shall respectively be em- ployed in travelling to, returning from, and attending in the execution of this Act, and no more ; and at all meetings to be held in pursuance of this Act the said commissioners and umpire shall, out of such allowance, defray their own expenses ; and there shall be paid to the surveyor or surveyors to be appointed for the purposes of this Act such allowances in respect of his or their services as the said commissioner or commissioners shall adjudge to be a full recompense and satis- faction for all his or their expenses and charges whatsoever in attending the said commissioners, and in surveying and admeasuring the lands and grounds to be inclosed, and in planning and staking out the several allotments intended to be made, and in making such maps and plans as may be re- quired respectively by virtue of this Act. Major part of IQ. Provided always, and be it enacted. That it shall be 6 & 7 WILLIAM IV. Cap. 115. 213 lawful for the major part in number and value of the pro- proprietors prietors and persons interested as aforesaid to make any agree- "i^y agree for ment with anv commissioner or commissioners or surveyor or payment o a surveyors to be appointed under this Act for the payment to commission- them respectively of one sum for the whole duty or any part ers, &c. thereof to be performed by them or either of them. 1 1 . Provided further, and be it enacted, That it shall be Four fifths of lawful for four fifths in number and value of such proprietors proprietors, and persons interested as aforesaid to agree upon the adoption to'^admjt any for the pui-poses of this Act of any plan, map, admeasurement, previous plan, or valuation previously made, and such agreement shall be &c. binding upon any commissioner or commissioners or umpire who may be appointed in pursuance of the provisions of this Act. 12. Provided also, and be it enacted, That it shall be lawful Four fifths in for four fifths in number and value of such proprietors and "^^"1"^^ may persons interested as aforesaid to agree upon the rules, con- ^^es for ditions, and principles according to which any such commis- guidance of sioner or commissioners or umpire shall act in allotting the commissioners lands to be enclosed to the several persons interested therein, ^^ umpire, and such agreement shall be binding upon such commissioner or commissioners or umpire as aforesaid. 13. Provided nevertheless, and be it further enacted. That Such several it shall be lawful for any proprietor or person interested as agreements aforesaid, who may deem himself aggrieved by any such agree- J^aled^asainst ment as hereinbefore mentioned for the payment of a com- to the quarter missioner or commissioners, surveyor or surveyors, or for the sessions. adoption of any plan, map, admeasurement, or valuation, or for establishing any ndes, conditions, and principles for the guidance of the commissioner or commissioners or umpire in making allotments, to appeal against the same to the first general quarter sessions of the peace to be holden in and for the county, riding, or division wherein the lands, or the greater part thereof, in respect of which the matter of complaint may arise, shall be situate, or some adjournment thereof, or if such general quarter sessions shall be holden within one month from the making of such agreement, then to the general quarter sessions next following such first general quarter sessions, or some adjournment thereof ; and notice of such Notice of appeal shall in each case be given in writing to the commis- appeal, sioner or commissioners seven days at the least before the day on which such sessions respectively shall be holden : provided always, that in the event of the decision upon any Proviso, such appeal being in favour of the appellant it shall be lawful for any party who shall have consented to such agreement for inclosure as aforesaid to withdraw his consent from such agreement, by giving notice in writing to that effect to the commissioner or commissioners at any time within twenty-one days after the day on which the decision upon such appeal as aforesaid shall have been given ; and if by reason of such withdrawal of consent the proportion of two thirds in number 214 6 & 7 WILLIAM IV. Cap. 115. and value of consenting parties shall not remain, the said agreement for inclosure shall thenceforth cease and determine. A copy of the 14. And be it further enacted, That if any of the parties objections to interested in the premises shall have any objection or objections ^5 ^^' .. / to any of the accounts or claims which shall be delivered to party objected ,, -. , . . . . , . , r .^ ■ ■, to, o'r given to "^^ ^^^" commissioner or commissioners by virtue or the said his agent. recited Act or of this Act, such objection or objections shall be reduced into writing, and two parts thereof shall be signed by the party or parties making the same, or by some person or persons on his, her, or their behalf, and one part thereof shall be delivered to the party or parties whose claim or account shall be objected to, or to his, her, or their agent, or left at his, her, or their last and most usual place or places of abode, at such time or times as the said commissioner or commissioners shall appoint for that purpose. For settling 15. And be it further enacted, That if any dispute or dif- dispu es e- ference shall arise between any of the parties interested or interested. claiming to be interested in the said intended division, allot- ment, and inclosure, touching or concerning the respective rights or interests which they or any of them shall claim to have in, to, or out of the lands and fields hereby authorized to be divided, allotted, and inclosed, or touching or concerning any other matter or thing relating to the said division, allot- ment, and inclosure, it shall be lawful for the said commis- sioner or commissioners, and they are hereby authorized and required, to examine into, hear, and deteraiine the same re- spectively ; provided that nothing in this Act contained shall authorize the said commissioner or commissioners to determine the title to any manors, messuages, cottages, lands, tenements, or hereditaments whatsoever. Commission- 16. And be it further enacted. That in case the said com- ers may award missioner or commissioners shall, upon the hearing and deter- costs. mination of any claim or claims, objection or objections, to be delivered to them in pursuance of the said recited Act or this Act, see cause to award any costs, it shall be lawful for the said commissioners and they are respectively hereby empow- ered, upon application being made to them for that purpose, to settle, assess, and award such costs and charges as they shall think reasonable to be paid, either for the public account for or towards the expenses occasioned in or relating to the in- vestigation, settling, and determing of such claim or claims, if finally disallowed, or to the party or parties in whose favour anv determination of the said commissioner or commissioners shall be made, by the person or persons whose claim or objec- tion shall be thereby disallowed or oven"uled, or against "whom the said commissioner or commissioners shall have determined as aforesaid ; and in case the person or persons who shall be hable to pay such costs shall neglect or refuse to pay the same, upon demand, it shall be lawful for the said commissioner or commissioners, and he and they are hereby authorized and required, by warrant under their hands and 6 & 7 WILLIAM IV. Cap. 115. 216 seals, directed to any person or persons whomsoever, to cause such costs to be levied by distress and sale of the goods and chattels of the person or persons so neglecting or refusing to pay the same, rendering the overplus (if any,) upon demand, to such person or persons whose goods and chattels shall have been so distrained and sold, after deducting the costs and charges attending such distress and sale. 17. Provided always, and be it further enacted. That in Appeal allowed case any person or persons interested or claiming to be inte- when parties rested in the said intended division and inclosure shall be are dissatisfied dissatisfied with any determination of the said commissioner Qf ^jjg commis- or commissioners or umpire touching or concerning any claim sioners. or objection which shall be delivered to the said commissioners in pursuance of the said recited Act or this Act, or touching or concerning any property, right, or interest intended to be affected by such determination, and shall cause notice in writing of such dissatisfaction to be delivered to or left at the usual places of abode of the commissioner or commissioners or umpire making such determination, and of the party or parties in whose favour such determination shall have been made, if there be any party or parties specially interested in the same, or his, her, or their agent, within thirty days next after such determination shall have been notified in writing to the several parties or persons specially interested, if any such there be, it shall be lawful for such person or persons so dis- satisfied, and giving such notice as aforesaid, to bring or cause to be brought an action or actions upon a feigned issue against the person or persons in whose favour such determination shall have been made, and to proceed to a trial at law of the matter so determined by the said commissioners or umpire at the then first or second assizes to be holden for the county where- in the lands relating to which such dispute shall arise are situate ; and the defendant or defendants in such action or actions shall, and he, she, and they is and are hereby required to name an attorney or attornies, who shall appear thereto, and file common bail, and accept one or more issue or issues, whereby such claim or claims, rights in question, and the property, right, and interest thereby insisted upon, may be tried and determined ; such issue or issues to be settled by the proper officer of the court in which the said action shall be commenced, in case the said parties shall differ about the same ; and the verdict or verdicts which shall be given upon the trial of such action shall be binding, final, and conclusive, unless the court wherein such action shall be brought shall set aside such verdict or verdicts, and order a new trial to be had thereon, which it shaU be lawful for the said court to do in case the said court shall think proper ; and after such verdict or verdicts shall be obtained, and not set aside, the said com- missioners shall and they are hereby required to act in con- formity thereto, and to allow or disallow the claim, property, right, or interest thereby determined according to the event 216 6 & 7 WILLIAM IV. Cap. 115. Death of par- ties not to .abate actions. of such trial or trials ; and the costs and charges payable by the said commissioner or commissioners in or relating to such action or actions shall be paid and discharged out of the monies to be raised by him or them for the purposes of this Act : provided always, that if no such notice shall be given, and such action or actions at law shall not be commenced as afore- said, or if any such action shall be commenced, and the plain- tiiF or plaintiffs therein shall not proceed to trial within the time hereinbefore limited for that purpose, then the detenmina- tion of the said commissioner or commissioners or umpire shall be final, binding, and conclusive to all intents and pur- poses whatsoever : provided always, that if any of the parties in any such action to be commenced as aforesaid shall die before the determination thereof such action shall not abate by reason thereof, but shall be proceeded in as if no such event had happened ; and that no difference, suit, or proceeding as aforesaid, nor any difference or dispute touching the title to any lands, tenements, or hereditaments, shall impede or delay the said commissioner or commissioners in the execution of the powers of this Act, but the division, allotment, and inclo- sure hereby authorized to be made shall be proceeded in not- withstanding any such difference or proceeding. 18. Provided always, and be it further enacted. That if any person or persons in whose favour such determination as afore- said shall have been made, and against whom any such action or actions might have been brought if living, shall die before any such action or actions shall have been brought, and before the expiration of the time hereinbefore limited for bringing such action or actions, it shall be lawful for the per- son or persons who might have brought such action or actions against the person or persons so dying to bring the same within the time so limited as aforesaid against such person or persons as aforesaid as if actually living, and to serve the clerk of the said commissioner or commissioners with process for commencing such action or actions in the same manner as the party or parties so dying might have been served there- with if living ; and it shall thereupon be incumbent upon the heir or heirs or other person or persons who shall claim the benefit of such determination as aforesaid to appear and defend such action or actions in the name or names of the person or persons so dead ; and proceedings shall be had therein in the same manner as if such person had been actually living, and the rights of all parties shall be equally bound and concluded by the event of such action or actions. 19. Provided also, and be it further enacted. That nothing in this Act contained shall extend to enable the said commis- sioner or commissioners to determine any right between any parties contrary to the possession of any such parties, except in cases of encroachments made within the period of twenty encroachments years next preceding the passing of this Act ; but in case the within 20 said commissioner or commissioners shall be of opinion against years. Commission- ers not to determine rights between parties except in cases of 6 & 7 WILLIAM IV. Cap. 115. 217 the right of the person or persons so in possession they shall forbear to make any determination thereupon until the posses- sion shall have been given up by or taken from such person or persons by ejectment or other due course of law. 20. And be it further enacted. That aU encroachments or Encroach- intakes which at any time within twenty years next preceding ments made the date of the agreement for any such inclosure have been ■^'1*"'° -^ . V€3.rS to DP made upon the said lands and fields hereby authorized to be deemed part of divided and inclosed shall be deemed and considered part and the land to be parcel of the lands and fields to be allotted and inclosed by allotted, virtue of this Act as if the same were actually lying open and uninclosed, and shall be divided and allotted accordingly ; and in case any dispute or difference shall arise touching any such encroachments or intakes, or as to the extent thereof, such dispute or difference shall be determined by the said commis- sioner or commissioners. 21. Provided also, and be it further enacted. That in case Lands used for any such lands shall have been taken or used at any time be- ^^^ ^ ^ P""-" fore the passing of this Act for the erection of a school-house be deemed an or school-houses, or the appurtenances thereto, or for other encroach- charitable purposes, such lands so taken, or the erections made ment. thereon, shall not be taken or deemed to be of the nature of an encroachment within the meaning of this Act. 22. Provided always nevertheless, and be it further enacted. Lands inclosed That all lands which shall have been inclosed from the open more than 20 fields, or any of them, for more than twenty years next pre- y^^^ deemed ceding the date of the agreement for such inclosure, shall for inclosures the purposes of this Act be deemed and taken to be ancient inclosures. 23. Provided always, and be it enacted. That it shall not be Cultivated lawful for the said commissioner or commissioners or umpire ground to be to allot to any other person than the proprietor thereof any ^'lotted to land which may be cultivated as orchard or garden, or on Q^\y^ which any building may have been erected, or which may have been inclosed by virtue of any voluntary agreement be- tween the proprietor thereof and the persons having right of common over the same, without the consent in writing of such actual proprietor. 24. And be it further enacted. That the said commissioner Compensation or commissioners shall, by some writing or writings under ^° ^^ made their hands, ascertain, order, and appoint what recompence „°ops^'^ "^ and satisfaction in money shall be made to the owner or owners of any crops growing at the time of the said intended division and allotment, for the said crops, by the person or persons to whom the lands on which such crops are growing shall be allotted, and also what recompence and satisfaction in money shall be paid, and by whom, to any tenant or tenants, occupier or occupiers of lands to be inclosed as aforesaid, as well for the ploughing, tilling, and manuring of any lands or fields which shall be allotted to some other person or persons, and for the profit or advantage which any such person or persons 218 6 & 7 WILLIAM IV. Cap. 115. Commission- ers to direct the course of husbandry to be followed. to whom the said lands and fields shall be allotted will obtain thereby, as for any loss or disadvantage which anv such tenant or tenants, occupier or occupiers, shall or may sustain by the loss of any following or way-going crop in any of the open and common lands or fields by this Act authorized to be di- vided, allotted, and inclosed, or by means of the said division, allotment and inclosure ; and if in any or either of the said cases last mentioned such recompence and satisfaction shall not be made at the time and in the manner to be appointed by the said commissioner or commissioners, then the said com- missioner or commissioners shall and may, by any warrant or wan-ants under his or their hands and seals, directed to any person or persons whomsoever, (which warrant or waiTants he or they are hereby authorized and empowered to grant accord- ingly,) cause the same to be levied by distress and sale of the goods and chattels of the person or persons required to make such recompence and satisfaction as aforesaid, together with the costs and charges of such distress and sale, rendering the overplus, if any, to the owner or owners of such goods and chattels. 25. And be it further enacted. That the said commissioner or commissioners shall, as soon after his or their appointment as conveniently may be, by some writing or ■svi'itings under his or their hands to be affixed on the principal outer doors of the several and respective churches or chapels of the parishes or townships in which the lands to be inclosed are situate, or if there be no church or chapel, then in some conspicuous place in the parish, township, or place where such lands shall be, order and direct the course of husbandly that shall be used in, over, and upon the open arable, meadow, or pasture lands or fields to be divided, allotted, and inclosed by virtue of this Act, until the time when he or they shall have made and completed the intended division and allotment thereof, as well with re- spect to breaking up and laying down, as the ploughing, sow- ing, fallowing, and tilling the same lands and fields ; and by the same or any other writing or writings under his or their hands, to be affixed as aforesaid, shall and may make such or- ders and regulations touching the conduct of the owners and occupiers of the same lands and fields, for the preventing the committing of waste or destruction by any person or persons whomsoever upon any of the lands and fields to be divided and allotted by virtue of this Act, in the meantime and until the allotments and divisions thereof shall be effected, as to the said commissioner or commissioners shall seem expedient : all which orders and regulations of the said commissioners shaU be binding and conclusive upon all parties interested therein, their fanners and tenants ; and that the said commissioners shall set and impose such pecuniary penalties and forfeitures upon every person not conforming to such orders and regula- tions as they shall think necessary, not exceeding five pounds per acre ; all which penalties and forfeitures shall be paid to 6 & 7 WILLIAM IV. Cap. 115. 219 such person or persons and for such uses and purposes as the said commissioner or commissioners shall by any such writing or writings as aforesaid, or any other writing or writings, di- rect or appoint ; and the said commissioner or commissioners are hereby authorized and required to raise and levy the same, for the use of the person or persons he or they may consider entitled thereto, by such ways and means as the costs, charges, and expenses of carrj'ing this Act and the said recited Act of the forty-first year of the reign of His late Majesty King George the Third into execution may be raised and levied. 26. And be it further enacted. That the said commissioner Commission- or commissioners shall apportion, divide, set out, and allot the ^^^ *° ^^'^^ ^^^ said open or common arable, meadow, and pasture lands or -^".Q-gj ^ fields authorized by this Act to be divided, allotted, and in- closed unto and amongst the several proprietors thereof and persons interested therein, in proportion to their respective shares, rights of common, and all other rights, property, and interest, and in proportion to the true and real value of their several shares, rights of common, and all other rights, pro- perty, and interests, and the same, when so apportioned, di- vided, set out, and allotted, shall be taken to be in lieu and fuU satisfaction of and for such their said several shares, rights of common, and all other rights, property, and interests, to be ascertained and adjusted by such ways and means and in such manner as to the said commissioners shall seem just and ex- pedient, but subject to the rules, orders, and regulations herein contained or referred to and authorized to be established con- cerning the same. 27. And be it further enacted. That in case any number of the At the desire proprietors or persons interested in the lands and fields agreed of the parties to be inclosed under the authority,' of this Act shall deem it ^^^^^ ^^^ ^g expedient and desire to have their allotments thrown together set out too-e- and distinguished by metes and bounds, but not fenced from ther, distin- each other, and of such their desire shall give notice in -wTiting guished by to the said commissioner or commissioners such commissioner ["^ es and . . , ,, , , , , . , , , bounds, butnot or commissioners shall and he and they is and are hereby fenced from required to set out the several allotments of the said persons each other, so gix'ing notice as aforesaid in one plot or parcel of land dis- tinguishing the portion of such plot or parcel of land allotted to each of such proprietors bv metes and bounds, but not requiring them to make any subcUvision fences or other fences, save such ring or outer fences as may be necessary and may be ordered by the said commissioner or commissioners to be made for dividing the said plot or parcel of land from the residue of the lands so to be inclosed. 28. And be it further enacted, That for the purposes of For ascertain- shortening or rendering straight or otherwise improving any ing boundaries, boundary fence or fences between the lands and fields hereby authorized to be divided, allotted, and inclosed, and the old or other lands thereunto adjoining, or between such allotments and inclosed or other lands, or any of them, and any adjoining lands and grounds, it shall be lawful for the said commissioner 220 . 6 & 7 WILLIAM IV. Cap. 115. or commissioners (with the consent of the lord of any manof in which the lands are respectively situate, and of the owners of any such adjoining lands, testified by writing under their res- pective hands, or under the common seal of any of them being a corporation aggregate,) to set out, ascertain, and determine the boundaries between the lands hereby authorized to be divided, allotted, and inclosed, and any adjoining lands or grounds lying in the same or in any adjoining manor, parish, or place, as the said commissioner or commissioners shall judge proper for the purposes aforesaid ; and after such boundaries shall be so set out, ascertained, and determined as aforesaid, the same shall be made, fenced, ditched, or mounded by such person, in such manner, and at such times as the said commissioner or commissioners shall direct, and shall for ever thereafter be deemed the boundaries between the said allotted and inclosed lands respectively, or (as the case may be) between the said allotments or inclosed or other lands and such adjoining manor, parish, or place ; any law, usage, or custom to the contrary notwithstanding. Right of her- 29. And be it further enacted, that the said commissioner or bage in private commissioners shall in and by his or their award order and roads to be se j^ppQJj^j; i[^q grass and herbage growing and renewing upon all and every the private roads to be set out by him or them within the said lands and fields hereby authorized to be divided, allotted, and inclosed, to be and for ever hereafter remain to and for the use and benefit of such persons as the said com- missioner or commiissioners shall in his or their judgment think best entitled to the same. Empowering ^0- -^^^ whereas the allotments made to any rector or vicar rectors to erect who may be entitled to any glebe lands in such open and com- buildings on mon arable, meadow, or pasture lands or fields, or some of such lands allotted allotments, may probably require some additional buildings, by J? y '^ and reason whereof, and in order to render the same of greater charge expen- value to the said rectors and vicars respectively, and their res- ses thereon. pective successors, it may be necessary that some buildings should be erected thereon, and some necessary division as well as interior or subdivision fences may be necessary to be made, planted, and raised in and upon the said allotments or some of them : And whereas the erecting of such further buildings, and the making, planting, and raising such fences, will be attended with considerable expence, and as the same wiU probably be more beneficial to the succesors of such rectors and vicars res- pectively than to the rector and vicar in whose incumbency such allotment and inclosure may take place ; be it therefore further enacted. That it shall and may be lawful to and for the said rectors and vicars respectively, and their respective successors, by and with the consent in writing of the respective patrons of the said rectories and vicarages, and of the ordinary of the diocese for the time being, to erect or cause to be erected for agricultural purposes such further buildings upon tlie allotment or allotments (which buildings the said rectors and vicars res- pectively, and their respective successors, are hereby required 6 & 7 WILLIAM IV. Cap. 115. 221 to cause to be insured equal to the value thereof annually in some of the offices in London established for insurance against fire,) so as aforesaid to be set out unto the said rectors and vicars and their respective successors as aforesaid, and also to make, plant, and raise such outer division as well as interior or sub- division fences in and upon the said allotment or allotments as the said commissioner or commissioners shall judge necessary and proper for the occupation of the lands so to be allotted to the said rectors and vicars respectively, and their respective succes- sors, and by any deed or deeds, writing or writings, under the respective hand and seal of such rectors or vicars respectively, and their respective successors, and attested by two or more cre- dible witnesses, by and with the consent in writing of the bishop of the diocese for the time being, to charge such allotment or allotments so as aforesaid to be set out for the said rectors and vicars respectively, and their respective successors as aforesaid, and the buildings so to be erected thereon, with such sum or sums of money, not exceeding in the whole two years annual value of the respective allotments so to be set out to the said rectors and vicars respectively, as the said commissioners shall think necessary for the purposes of and in order to be applied to paying and defraying the charges and expenses of erecting the said further buildings, and of making, planting, or raising such division or subdivision fences, or for either of the said purposes, and in applying for and obtaining the consent of the said bishop, and in exercise of the powers given to and vested in the said rectors and vicars respectively by virtue of this Act and the said recited Act ; which sum or sums of money shall be paid to such person or persons as the said commis- sioners shall nominate and appoint, in order to be applied or disposed of accordingly ; and for securing the repayment of such sum or sums of money, with interest for the same, to grant, mortgage, lease, or demise the allotments so as afore- said to be set out unto and for the said rectors and vicars respectively, and their respective successors, as aforesaid, and the buildings so to be erected thereon, unto such person or persons who shall advance and lend the same, his, her, and their executors, administrators, or assigns, for any term or number of years, so that every such grant, mortgage, lease, or demise be made with a proviso to cease and be void, or with an express trust to be surrendered, when the sum or sums of money thereby to be secured, with the interest thereof, shall be respectively fully paid and satisfied ; and such mortgagee or mortgagees advancing and lending the money so to be borrowed shall not be obliged to see to the application or be in anywise answerable for the misapplication of such monies or any part thereof ; and the said rectors and vicars respec- tively, and their respective successors for the time being, shall be and are hereby required and made liable, at the end of every year after the date of such mortgage, to pay to the per- son or persons to whom such grant, mortgage, lease, or demise shall be made, his, her, or their executors, administrators, or 222 6 & 7 WILLIAM IV. Cap. 115. Rectors, with consent of bishop, may demise the allotments. Commission- ers in certain assigns, one thirtieth part of the respective principal monies so to be borrowed, until the whole thereof shall by such annual payments be paid off and discharged, and also to pay and keep down the interest of the said respective monies so to be borrowed, so that the future rectors and vicars of the said respective parishes or townships becoming possessed of such respective lands and fields shall not be subject or liable (and they are hereby respectively discharged from being subject or liable) to pay any further or larger share of such monies than his or their proportion thereof according to such last-men- tioned condition, or any interest for the same save only from the day of the death, resignation, or cession of the preceding incumbent of the said rectories or ^^carages respectively ; and that it shall and may be lawful to and for the person or per- sons who shall advance and lend such monies, his, her, or their heirs, executors, administrators, and assigns, for the more easily recovering the said one thirtieth part of the said principal and the whole of the interest which is enacted annually to be paid, to have, use, exercise, and take such and the same powers and remedies, by entry and distress upon the premises so to be charged, mortgaged, and demised, and sale of such distress, as by the laws now in force are provided for and given to landlords or as they can use and take for the recovery of rack rents in arrear. 3 1 . And be it further enacted, That it shall and may be lawful for the rectors of the said rectories and the vicars of the said vicarages respectively for the time being, by indentures under their respective hands and seals, with the consent and approbation of the bishop of the diocese for the time being, and of the patron of the said rectories and vicarages, from time to time to lease and demise all or any part of the allot- ments to be set out and allotted to them respectively by virtue of this Act, to any person or persons whomsoever, for any term not exceeding twenty-one years, so that the rent or rents for the same shall be thereby reserved to such rectors and vicars for the time being by four equal quarterly payments in every year, and so that there be thereby reserved to such rectors and vicars the best and most improved rent or rents that can be reasonably gotten for the same, without taking any fine, foregift, premium, sum of money, or other consideration for granting any such lease, and so that no such lessee by any such lease or demise be made dispunishable for waste by any express words to be therein contained, and so that there be inserted in every such lease power of re-entry on nonpayment of rent or rents to be thereby reserved within a reasonable time, to be therein limited, after the san>e shall become due, and so that a counterpart of such lease be duly executed by the lessee or lessees to whom such lease shall be made as afore- said ; and every such lease shall be valid and effectual, any law or usage to the contrary notwithstanding. 32. Provided always, and be it further enacted. That in case, through the necessity of situation or any other accident 6 & 7 WILLfAM IV. Cap. 115. 223 or circumstance, it shall happen that one or more of the said cases to appor- proprietors shall not have an equal or proportionable quantity ^io"^ expences of boundary mounds or fences allotted to him, her, or them on ° erecting the said intended inclosure, it shall be lawful for the said com- fences, missioner or commissioners, when he or they shall judge it necessar\' and reasonable, to award, order, ascertain, and ap- point what sum or sums of money such proprietor or proprie- tors shall respectively pay and contribute towards making the mounds and fences of the allotments of such other proprietor - or proprietors who shall or may have too great a proportion of mounding or fencing allotted to him, her, or them by virtue of this Act, the same to be settled by the said commissioner or commissioners in such manner as he or they shall order, direct, or appoint ; and the money so ordered, tUrected, or appointed to be paid shall be raised, levied, and recovered in such and the same manner as the other expenses of this Act are herein or by the said recited Act ordered and directed to be levied and recovered. 33. Provided always, and be it further enacted, That nothing Act not to in this Act contained shall extend or be consti-ued or adjudged affect settle- to extend to revoke, make void, alter, or annul any settlement, "^ents. deed, will, or lease, or to prejudice any person having any right or claim of dower, jointure, annuity, rent-charge, debt, or incumbrance whatsoever in, out of, upon, or affecting any of the lands, tenements, or hereditaments hereby authorized to be divided and allotted, or which shall be exchanged or as- signed in compensation for any other estate or right in pursu- ance of this Act ; but as well the lands allotted as the tene- ments or other hereditaments which shall be assigned in exchange or as a compensation for any other estate or right shall, immediately after such allotment, exchange, or assign- ment shall be made, be vested, remain, and enure, and the several persons to whom the same shall be allotted, assigned, or given in exchange as aforesaid shall thenceforth stand and be seised and possessed thereof respectively, to, for, and upon such and the same uses, estates, intents, trusts, and purposes respectively, and subject and liable to such and the same deeds, wills, settlements, limitations, and remainders, conditions, charges, tenures, rents, services, and incumbrances, as the several lands, tenements, and hereditaments in respect whereof such allotments, assignments, and exchanges shall have been made should or would have stood severaUv limited, settled, or subject or liable to, or been held by, in case the same had not been allotted, assigned, or exchanged, and this Act had not been made or acted upon ; save and except such rents and services as shall have been compensated for and extinguished, and such leases and tenancies at rack rents as shall become void, by virtue of this Act, and subject nevertheless to all such mortgages and sales as shall be made by authority of this Act or of the said Act of the forty-first year of the reign of his late Majesty King George the third. 224 6 & 7 WILLIAM IV. Cap. 115. Leases at rack 34. Provided also, and be it further enacted. That all leases, rent may be agreements, and tenancies at rack rent subsisting of any part voided. Qj. pjjj.^g of ^\^Q lands and grounds hereby authorized to be divided, allotted, and inclosed at the time of the first appoint- ment of any commissioner or commissioners for the inclosure thereof, or which shall be exchanged in pursuance of this Act, shall, so far only as respects the lands hereby authorized to be divided and allotted or exchanged, cease and be void at such time or times as the said commissioner or commissioners shall by writing under his or their hands direct or appoint, so as the respective lessors or landlords of such lands or tene- ments do, before or at the respective times at which such leases or tenancies shall be directed to cease, make and pay such satisfaction to the respective lessees or tenants for the loss which shall be sustained by the determination of such leases respectively, so far as regards the said lands the tenancy and leases whereof are hereby authorized to be determined, as shall be mutually settled and agi-eed between them, or as the said commissioner or commissioners, being required by either of the parties, shall ascertain and direct ; and the said commissioner or commissioners, being so required, are hereby empowered and directed to apportion a reasonable and propor- tionable part, according to the season of the year, of the rent reserved on any such lease or agreement, for or in respect of the time which shall have elapsed between the last day on which any payment of the rent shall have become due and the determination of any such lease or agreement ; and such part of the rent shall be recoverable by such ways and means as may by law be used for the recovery of rent in arrear ; and the said commissioners are hereb)^ empowered and directed in every case where such lands or other hereditaments shall be held by virtue of such lease or agreement, together with other lands or hereditaments, by one entire rent, to apportion and determine vrhat part of such rent shall be deducted in respect of such of the lands or other hereditaments in such lease or agreement comprised as to which the same shall be deter- mined as aforesaid, and from what time such deduction shall take place ; and the rest of the rent reserved on any such lease or agreement shall, during the remainder of the term thereof, be the rent of and for the residue of such lands and heredita- ments, and shall be payable and recoverable in like manner as the entire rent reserved by such lease or agreement shall im- mediately before such apportionment be payable and reco- verable. Exchanges may 35. And be it further enacted. That it shall be lavpful for be made. the said commissioner or commissioners to set out, allot, and award any lands, tenements, or hereditaments whatsoever, whether situate within the boundaiy of such open and com- mon lands or fields as aforesaid, or adjoining thereto, within the parishes, townships, or places in which the lands to be allotted and enclosed are situated, or any of them, in lieu of 6 & 7 WILLIAM JV. Cap. 115. 225 and in exchange for any other lands, tenements, or heredita- ments within the same parishes, townships, or places respect- ively, or any of them, or within any parish, township, or place adjoining to the said parishes, townships, or places re- spectively, or any of them ; provided that all such exchanges shall be ascertained, specified, and declared in the award of the said commissioner or commissioners, and be made with the consent in writing of the proprietor or proprietors of the here- ditaments and premises which shall be so exchanged, whether such proprietor or proprietors shall be a body or bodies politic, corporate, or collegiate, corporation aggregate or sole, rector, parson, vicar, or other ecclesiastical person or persons, or a tenant or tenants in fee simple, or for life, or in fee tail, spe- cial or general, or by the courtesy of England, or for years detenninable on any life or lives, by and with the consent of the lessor or lessors, but not othei-^dse, or with the consent of the guardians, husbands, committees, or attornies of or acting for any such proprietor or proprietors who at the time of making such exchange or exchanges shall be respectively infants, femmes covert, idiots, lunatics, or under any other legal disability, or who shall be beyond the seas, or otherwise disabled to act for themselves, himself, or herself, or of the trustees or feoffees for charitable, parochial, or other uses, or of the person or persons having power to sell and dispose of the hereditaments and premises which shall be so ex- changed (such consent to be testified in writing under the common seal of the body politic, corporate, or collegiate, and under the hands of the other consenting parties respectively ;) and all and eveiy such exchange and exchanges so to be made respectively shall be good, valid, and eftectual in the law to aU intents and purposes whatsoever : provided nevertheless, that no exchange shall be made of any lands, tenements, and he- reditaments held in right of any chm-ch, chapel, or other ecclesiastical benefice, without the consent, testified as afore- said, of the patron thereof, and of the bishop of the diocese in which such benefice shall be situate. 36. Provided always, and be it further enacted. That the Allotments to lands, grounds, and hereditaments which shall be allotted or be under the exchanged by virtue of this Act shall be held in like manner, ^^"^^ tenure under and by virtue of the same terms and rents, and shall be j^ respect of thereafter deemed to be of the same quahty and tenure, as the which they are lands, tenements, or hereditaments in respect of which such allotted, allotment or allotments or exchanges shall be made were held or deemed to be of immediately before the making of every such allotment or exchange respectively : provided always, that when the tithes of any common lands or fields agreed to be allotted or inclosed under the provisions of this Act to be- long to different persons, or do not extend over the whole of such common lands or fields, it shall be lawful for the com- missioners or commissioner to allot the tithes as well as the land, in order that all persons may have tithe-free allot- 226 6 & 7 WILLIAM IV. Cap. 115. For defraying expence of exchanges. Ditches, &c may be cleaned, altered, or widened. ments in lieu of lands which were before exempted from tithes. 37. Provided also, and be it further enacted. That all costs, charges, and expences attending the making any exchanges and partitions shall be paid and borne by the several persons making such exchanges and partitions, in such manner and in such proportions as the said commissioner or commission- ers shall, bv any writing under his or then- hands, order and direct. 38. And be it further enacted, That the said commissioner or commissioners .shall and may scour out, widen, and alter all such ancient ditches, drains, watercourses, tunnels, gates, and bridges in the respective open common arable, meadow, or pasture lands or fields (or any one of them) hereby autho- rized to be allotted and inclosed, and also shall and may set out, widen, and make any new ditches, drains, watercourses, tunnels, gates, and bridges in, through, and over the lands and grounds hereby authorized to be divided, allotted, and in- closed, (the expences thereof to be raised and defrayed as the other expences of executing the powers of this Act are herein directed to be raised and defrayed,) and of such breadth, depth, and dimensions, and in such directions, as the said commissioners shall think proper ; and the said commissioner or commissioners shall and may and they are hereby directed and required in and by their awards to order and determine by whom, and at whose expence, and at what time and in what manner, the said ditches, drains, watercourses, tunnels, gates, and bridges shall be afterwards cleansed, scoured, and main- tained, and also shall and may direct, order, and award all or any of the streams, springs, and watercourses within the said lands and fields hereby authorized to be divided, allotted, and inclosed to be carried, diverted, and turned into such courses, and through, over, and across such parts of the lands and fields hereby authorized to be divided, allotted, and in- closed, as thev the said commissioners shall in their discretion judge proper for the draining or watering the several allotments so to be made as aforesaid. 39. Provided always, and be it enacted. That if it shall be commissioners necessarv, for the purpose of caiTving ofi" the water from such to make drams (jj-ains as may be made under the authority of this Act, to make through an jj-ains through any land not to be inclosed, divided, or allotted to be inclosed, under the same, it shall be lawful for the said commissioners due compen- and their sen^ants to enter upon such lands, and make such drains accordingly, due compensation being made for any damage done to such lands thereby ; and it shall be lawful for such commissioners in their award to direct by which of the persons to whom any allotment shall be made in any field so di\nded and inclosed such drains shall be maintained, and the persons so directed to maintain such drains shall maintain the the same accordingly, and have the same authority to enter upon such lands as herein-before described, for the purpose of Power to Ration bein made for damage done 6 & 7 WILLIAM IV. Cap. 115. 227 maintaining the same, as is herein-before given to the said commissioners and their servants for the making of the same, making due compensation for any damage which may be done to such lands. 40. And be it enacted. That in case seven eighths in number Upon the and value of the persons being seised, possessed of, entitled to, consent of or interested in any open and common arable fields, or open fs^^fi'^joi s and common meadow or pasture lands or fields, in England or value, an Wales, and any rights of common or any other rights therein, inclosure may- being persons having such estates or interests in the said lauds, take place fields, or rights as are herein-before required for the purpose ^'^hout the r .- . 1 j-1 r -11 11 mter\'ention of ot consentmg to any such proposed mclosure as aforesaid, shall commissioners. by themselves or their known agents, or if covert, infants, idiots, or lunatic, then by their husbands, guardians, or com- mittees, at a public meeting to be called for that purpose in the manner and after the notice herein-before provided for, or at some adjournment thereof, enter into an agreement for such inclosure under the provisions of this Act, but without the in- tervention of commissioners, and for the discharge of the lands to be inclosed from all rights of common, and for the granting of compensation to such persons as may be possessed of such rights, whether consenting parties to any such agreement or •not, and shall sign or seal (as the case may require) the sche- dule herein-after mentioned, every such inclosure shall, from and immediately after the expiration of the notices of such schedule having been deposited as herein-after mentioned, be as vahd and eft'ectual to all intents and purposes (subject only , to the right of appeal herein-after given) as if the same had been eficcted by means of commissioners to be appointed under this Act. 41. And be it further enacted. That before any land shall be Schedule of inclosed under the provisions herein contained for inclosure 1^'^'!^ proposed without the assistance of commissioners, a schedule of such ^^ -^^ deposited land, containing a correct description thereof, and signed by with the clerk the persons proposing to make such inclosure, and also bv the of the parish persons whose consent to such inclosure is herein-before re- ^"^ ^^^ ^^^^^ quired to be given, and whenever the inclosure shall be pro- ° , e peace; posed to be made by any person having a less estate than a thereof affixed fee simple or under disability, then accompanied by a copy of on the church the several hmitations contained in the deed or will under which door, and pub- such person may be entitled, shall be deposited with the clerk ^'^'^^^ m some of the parish, township, or chapelry, and also with the clerk i^x\-Jr in the of the peace of the county in which the land proposed to be county. inclosed may be situated; and a notice of such schedule having been so deposited (such notice containing a description of the land intended to be inclosed) shall be published in some news- paper usually circulating in the county wherein such land is situated, at three several times in three successive months after such schedule shall have been so deposited, and a copy thereof shall be affixed on the principal outer door of the church or chapel of the parish or township in which the land may be Q 2 228 6 & 7 WILLIAM IV. Cap. 115. Incapacitated persons en- abled to enter into an agree- ment for com pensation. situated, before the commencement of divine service, or if there be no church or chapel then in some conspicuous place there, for three successive Sundays after such schedule shall have been so deposited: provided always, that whenever such in- closure shall be proposed to be made by a corporation aggre- gate, or the consent of a corporation aggregate shall be necessary thereto, the affixing of the common seal of such corporation to such schedule shall be deemed a sufficient com- pliance with the provisions of this Act. 42. And be it further enacted, That it shall be lawful for any person who shall be seized or possessed of or entitled in possession to any land or tenement in respect of which com- pensation may be proposed or ought to be given, or to which any right of common may attach, or who, having no land in the common field in which an inclosure is proposed to be made, maj^ nevertheless have a right of common therein, whether such person shall be tenant in fee simple, or fee tail, general or special, or for life or lives, or by the courtesy of England or for any other estate of freehold, or for years deter- minable on any Ufe or lives, and also for any person whose right of common maybe merely personal, and for the guardian, trustee, feoffee for charitable or other uses, husband, or com- mittee of such person who shall be an infant, idiot, lunatic, or femme covert, or under any other disability, to consent and agree to the compensation which may be offered or which ought to be given by the persons making such inclosure, not only as to the nature and amount of such compensation, but as to the manner in which the same shall be secured, and to sign the agreement for that purpose ; but no such agreement shall be valid if entered into by any person having a limited interest only, or by any incumbent of a benefice, without the consent of the same persons and to be testified in the same manner as is herein-before required in the case of such persons being respectively parties to any agreement for inclosure : provided always, that in case such compensation or any part thereof shall be agreed to be paid in money, and such money shall belong to any persons who in the said first-recited Act are mentioned or described as persons incapacitated to receive the same, then such money shall be paid and applied in such and the same manner as money belonging to such persons is directed to be applied under the provisions of the said first recited Act. ; 43. And be it further enacted. That whenever any agree- ment for compensation may or may not have been entered such inclosure \^^q^ and notwithstanding any such agreement, if any person them^wlth the interested in any such inclosure, other than a person who may have signed such agreement or otherwise consented thereto, shall object to such inclosure, or to the nature or amount of any compensation which may be offered, or to the manner in which such compensation may be proposed to be secured, or on account of there not having been any compensation offered. Persons havin objections to clerk of the peace within six months; 6 & 7 WILLIAM IV. Cap. 115. 229 it shall be lawful for him to state such objection in writing', and to deposit the same with the clerk of the peace at any time within six calendar months from the expiration of the aforesaid notices of the deposit of such schedule; and such schedule and copy of limitations, and every statement and document annexed to such schedule, and every statement of objection which may be so deposited, shall be open to the inspection of any person to be open to interested, and the deposit of such statement of objections in inspection. manner aforesaid shall be deemed and taken to be a sufficient notice to aU persons interested in such inclosure. 44. And be it further enacted. That the clerk of the peace Clerk of the shall cause the schedule and statement of objections, and all peace to lay other papers relating thereto, and which shall have been so „ ^ before^ the deposited with him, to be laid before the justices at the general justices at quarter sessions of the peace, or at some adjourned meeting quarter ses- thereof, which shall be held not earlier than twenty-eight days sions, who next after the deposit of such obiections, in and for the county, ^}^^^^ ^^^^ riding, or division wherein the lands proposed to be inclosed, ^ g^^,}^ or the greater part thereof, shall be situate ; and all such objections, objections shall be heard and determined by the said justices in manner herein-after provided. 45. And be it furtiier enacted. That it shall and may be Persons inte- ■ lawful for any person or persons interested in the said allot- rested in allot- ments at any time to mortffasre, sell, demise, or dispose of all !?^" ^ "^tLlt,, , •'. - . , . * '^ , 1 • 1 , , the same before such estate, right, title, interest, and property which he, she, the award; and or they shall then have in or to the said open and common commissioners arable, meadow, or pasture lands or fields (or any one of them), may allot and of the allotments set out in lieu "thereof, before the theni to the execution of the award of the said commissioner or commis- ^ sioners ; and it shall be lawful for the said commissioner or commissioners, and he or they are hereby authorized and required, upon the convevance or other instrument by which such sale or disposition is confirmed being produced to them, and the execution thereof proved to their satisfaction, to allot the same to the purchaser or purchasers thereof respectively ; and if not so allotted such conveyance or other instrument shall be vahd and effectual in law, notwithstanding it may have been so made before the execution of the said award. 46. And be it further enacted. That it shall be lawful for the Tenants for said commissioner or commissioners, in case he or they shall I'fe empowered be requested by writing under the hand or hands of any person ^^ allotments or persons being tenant for life, or other person being in posses- expenses, sion of, but not having the absolute estate or interest in, any lands hereby authorized to be allotted and inclosed, to sell and dispose of any part or parts of the allotment or allotments belonging to such person or persons, for the ])ur]iose of defraying his, her, or their shares of the costs, charges, and expenses of putting into execution this Act and the said recited Act of the forty-first year of the reign of His late Majesty King George the Third, and the expenses of fencing, ditching, subdividing, and inclosing such allotment or allotments ; and the said commissioners shall 230 G & 7 WILLIAM IV. Cap. 115. When allot- ments to a tenant for life are in different parishes, com- missioners may sell the land in one parish to de- fray expenses attending the other portion of the allot- ment. Proviso. accordingly sell such part or parts of such allotment or allot- ments, either by private contract or public auction, as they shall think proper, to such person or persons as shall be -willing to purchase the same, and shall convey the same to such purchaser or purchasers by any deed under their hands and seals ; and the receipt of the said commissioners for such money shall be a full and complete discharge to such purchaser or purchasers for such purchase money ; and the said commis- sioners shall apply the purchase money in or towards the payment of such expenses, and in fencing, ditching, subdividing, and inclosing the said allotment or allotments respectively, and not otherwise ; but such purchaser or pui'chasers shall not be liable to see to the necessity or expediency of such sale, nor be answer- able nor accountable for the misapplication of such purchase money; and upon the payment of such purchase money or pur- chase monies into the hands of the said commissioner or commis- sioners, the lands so to be sold as last aforesaid shall immedi- ately thereupon be vested in fee simple in possession (if such allot- ment or allotments is or are made in right of freehold) in the purchaser or purchasers thereof, and the same shall be thence- forth held in severalty by such purchaser or purchasers thereof respectively, as his, her, or their private property, and shall be allotted accordingly by the said commissioner or commissioners. 47. Provided always, and be it further enacted. That where any allotment or allotments so to be made to any person or persons being tenant for life or in tail, or other person being in possession, but not having the absolute estate or interest in any lands hereby authorized to be allotted and inclosed, which stand liiTiited to the said uses, shall be situated partly in one and partly in another parish or township or place, it shall and may be lawful to and for the said commissioner or commis- sioners, in case they shall be requested as last hereinbefore mentioned, to sell and dispose of, and to convey and assure to the purchaser or purchasers thereof, any part or parts of the said allotments belonging to such person or persons in any one or more of the said parishes, townships, or places, in manner in that behalf hereinbefore mentioned, as well for the purpose of defraying his, her, or their share or shares of the costs, charges and expences of putting into execution this Act and the said recited Act, and the expences of fencing, ditching, sub- dividing, and draining such allotment or allotments in respect of such of the said lands as are situated within the same parish wherein the said allotment or allotments so sold may be situated, as for and in respect of such of the said lands or other hereditaments or allotments as may be situated in any other township or place : provided always, that it shall not be lawful to raise by such sale any further or greater sum of money than the person or persons part of whose allotment or allotments may be sold or disposed of would have been em- powered and authorized to borrow or charge upon his, her, or their allotment or allotments under or bv virtue of the said G & 7 WILLIAM IV. Cap. 115. 231 recited Act or this Act, reckoning five pounds for each and every acre of such allotment or allotments. 48. Provided always, and be it further enacted, That it Not to charge shall not be lawful for the proprietor or person from whose '^"^^^ '^'th ex- allotments lands shall be as aforesaid deducted to charge his, ["^g^s^un^^Q^^^ her, or their lands or hereditaments, by virtue of the said ^rise by the recited Act or this Act, with any money towards payment of sale shall be such expences, unless the money to arise by such sale shall be less than 5/. less than the sum of five pounds per acre ; and then and in P^"' ^^^^' such case it shall be lawful for such person or persons to charge his, her, or their estate or estates with, or to raise by mort- gage thereof, or other means or ways, as mentioned in the said recited Act or this Act, such further sum of money as may be necessary for the payment of the expences of executing this Act, and subdividing the said allotments, as, together with the value of the lands so deducted, shall not exceed the amount that might be borrowed and charged on the lands to be divided and allotted at the rate of five pounds for each and every acre. 49. And be it further enacted. That the charges and ex- For payment pences of surveying, valuing, planning, measuring, dividing, of expenses of and allotting the said open and common arable, meadow, or '?^^?^y""»' . 11 /-111 1-1 1 T-JJ1 ciiviciing, aliot- pasture lands or fields hereby authorized to be diviaed, al- ^\^o- and in- lotted, and inclosed, and of fencing the lands of the persons closing open from whom a deduction of land shall be made as hereinbefore and common directed, and also the expences of preparing and enrolling the l^i^ds. awards of and the allowances and payments to be made to the said commissioner or commissioners, umpire, and surveyors respectively, as hereinbefore directed, and all other charges and expences incident to or attending the carrying this Act into execution, shall be paid, borne, and defrayed by all the proprietors of the lands and hereditaments so authorized to be divided, allotted, and inclosed, or exchanged, in such pro- portions as the said commissioner or commissioners shall settle, adjust, and determine, to be paid at such time or times and to such person or persons as they the said commissioner or commissioners shall order and direct ; notice thereof in writing under their hands being given thirty days before the time such payment shall be required : provided always, that in case any number of persons whose allotments shall not ex- ceed two acres respectively shall have required their allotments to be thrown together as aforesaid, such persons shall not be liable to pay, bear, or defray any part of the charges and ex- pences as aforesaid : provided also, that it shall be lawful for four fifths in number and value of the proprietors and persons interested as aforesaid, at any meeting to be held as herein- before is mentioned, to agree that any persons whose allot- ments shall not exceed five acres respectively shall not be liable to pay, bear, or defray any part of the charges and ex- pences aforesaid, and such j)ersons shall by virtue of such agreement be exempt from all liability thereto. 232 6 & 7 WILLIAM IV. Cap. 115. Commis- sioners to account. Awards. Provisions of recited Acts, where not altered or repealed, ex- tended to this Act. Appeal to 50. And be it further enacted. That once at least in every year, to be computed from the first appointment of such respective commissioner or commissioners, the accounts of the said commissioners, commissioner, or umpire, containing a true statement of all and every sum and sums of money by them received and expended, or due to them for their trouble and expence in the execution of tliis Act and the said recited Act of the forty-first year of the reign of His late Majesty King George the Third, until such account shall be finally settled, shall, together with the vouchers relating to the same, be by them laid before three of His Majesty's justices of the peace for the county in which the lands to be inclosed, or the greater part of them, shall be situated, to be by them examined and balanced ; and such balance shall be stated in the books of account to be kept in the office of the clerk of the said com- missioners ; and no charge or item in such account shall be binding on the parties concerned, or valid in law, unless the same shall be so allowed : provided also, that it shall not be lawful for the commissioners to be appointed in pursuance of this Act, or any of them, to retain or pay to themselves or clerk, out of anv monies to be received by them or over which they may have any control in the execution of any inclosure to be effected under this Act, any sum or sums of money on ac- count of any allowance hereinbefore directed to be made to such commissioners and clerk respectively beyond one third of such allowance as they shall respectively be entitled to as aforesaid, until after the expiration of six calendar months from the day of the delivery of the award hereby directed to be made in the church of the parish in which the lands in- closed may be situate. 51. And be it further enacted, That the said commissioner or commissioners shall make and execute awards, with maps or plans thereto annexed, and shall cause the same to be enrolled in manner as directed by the said recited Act ; and such awards shall be deposited in the respective parish churches of the parishes wherein the lands so to be allotted and inclosed, or the greater part thereof, are situated. 52. And be it further enacted. That all and every the clauses, provisions, and enactments contained in the said Act of the forty-first year of the reign of King George the Third and of the first year of the reign of King George the Fourth, or such of them as are applicable to and consistent with the purposes and object of this Act, shall and may be in full force and efifect for carrying into effect the allotments, division, in- closures, and exchanges hereby authorized to be made, as fully and effectually as if such clauses, provisions, and enact- ments had been herein repeated and re-enacted, and had been made part of this Act, with such alterations and variations as would adapt them and render them applicable to the object and purposes of this Act. 53. And be it further enacted. That it shall be lawful for 6 & 7 WILLIAM IV. Cap. 113. 233 all persons who shall think themselves aggrieved by anything quarter ses- done by virtue of this Act or the said recited Act (except in ^ions where cases where the things so done are herein or by the said Act ^^g^^ggw" of the foiiy-first year of His late Majesty King George the aggrieved. Third declared to he final, binding, and conclusive,) to appeal to the general quarter sessions of the peace which shall be held in and for the county, riding, or division wherein the lands, or the greater part thereof, in respect of which the matter of complaint may arise, shall be situated, or any adjournment thereof, within six calendar months next after the cause of complaint shall have arisen, first giving or causing to be given tvN^enty- eight days' notice thereof in vvriting to the said commissioner or commissioners, or one of them, or to the parties intended to be appealed against ; and the justices at their said quarter sessions, or any adjournment thereof, are hereby authorized and required to hear and determine the matter of every such appeal, and shall also hear and deter- mine any appeal against the sum agreed to be paid to any commissioner or surveyor, or against the adoption of any plan, map, admeasurement, or valuation, or against any rules, con- ditions, and principles which may have been agreed upon in manner aforesaid for the guidance of the commissioner or t?ommissioners or umpire in making allotments, and shall also hear and determine all objections (if any) which may have been made in manner aforesaid to any inclosure without the assistance of commissioners, or to the nature or amount of the compensation which may have been offered, or to the manner in which the same may have been proposed to be secured, or on account of there not having been any compensation ofiered, and to make such order in every such case respectively, and to award such costs, as to them in their discretion shall seem meet, and by their warrant to levy the costs awarded by dis- tress and sale of the goods and chattels of the parties respec- tively adjudged to pay the same, rendering the overplus (if any) to the respective owners of such goods and chattels, after deducting the reasonable charges of such distress and sale ; and every determination of the said justices shall be final and conclusive on all parties concerned : and no such complaint, appeal or proceeding shall be removed or removable by cer- tiorari or any other writ or proceeding whatsoever into any of His Majesty's courts of record at Westminster or elsewhere ; but in case such appeal shall appear to the said justices to be frivolous, vexatious, or without foundation, then the said jus- tices shall award such costs to be paid by the appellant or appellants as to them in their discretion shall seem reasonable, and to be levied in manner aforesaid. 54. Provided always, and be it further enacted. That nothing Act not to in this Act contained shall in any case authorise the inclosure of «iffect rights of any waste whatsoever, whether the soil thereof shall or shall not ~Lio° be vested in the lord of any manor, and whether with or with- out the assent of the lord of such manor ; nor shall anything 234 6 & 7 WILLIAM IV. Cap. 115. Act not to authorize the inclosureofany open or com- mon fields within certain distances of large towns. Meaning of certain words in this Act. in this Act contained prejudice, lessen, or defeat the right, title, or interest of the respective lords for the time being of any such manors in or to any of the royalties or seignories, fisheries, manorial and other rights, customs, and services incident or belonging to the said respective manors or any of them ; but that such respective lords, and all and every per- son and persons claiming in trust for him or them as such respective lords for the time being of the said several and respective manors, shall and may at all times for ever hereafter have, hold, receive, take, and enjoy all rents, services, courts, perquisites and profits of courts, fines, goods and chattels of felons and fugitives, felons of themselves and put in exigent, deodands, waifs, estrays, and forfeitures, privileges, and juris- dictions of their several and respective manors, to the respec- tive lords thereof, or any person or persons claiming under him or them, incident, belonging, or appertaining, except in respect of any land or estate for vrhich compensation is herein- before authorized to be made, in as full, ample, and beneficial manner to all intents and pui-poseg as the same might or ought to have been held and enjoved in case this Act had not been passed. 55. Provided always, and be it fmther enacted. That nothing in this Act contained shall authorize the inclosure of any open or common arable fields, or of any open or common meadow or pasture lands or fields, situate and being within ten miles of the city of London, or of any open or common meadow or pasture lands or fields situate and being within one mde of any city or town of five thousand inhabitants, or within one mile and a half of any city or town of fifteen thousand inha- bitants, or within two miles of any city or town of thirty thousand inhabitants, or within two miles and a hah" of any city or town of seventy thousand inhabitants, or within three miles of any city or town of one hundred thousand inhabi- tants ; provided that in all cases the number of such inhabi- tants shall be ascertained by the then last parliamentary census thereof, and that such distance shall be measured in a direct line ft-om the town haU if there shall be any town hall, or if there shall be no such town hall then from the cathedral or church, if there shall be only one church, or if there shall be more churches than one then from the principal market place of any such city or town. 56. And be it further enacted. That the words and expres- sions herein-after mentioned, which in their ordinary signifi- cation have a more confined or dififerent meaning, shall in the construction of this Act, except when the nature of the provi- sion or the context of the Act exclude such construction, be interpreted as follows ; (that is to say,) the words " proprie- tor," " owner," and " person," shall respectively extend as well to an individual as to a body pohtic, corporate, or colle- giate, and to a coi'poration as well aggregate as sole, whether such corporation be eleemosynary or civil, ecclesiastical or 6 & 7 WILLIAM IV. Cap. 115. 236 lay ; the word " benefice" shall extend to and be taken to • comprehend rectories, vicarages, donatives, perpetual curacies, parochial and consolidated chapelries and churches, and cha- pels having a district assigned thereto ; the word " tithes" shall extend to any rent-charge or payment in lieu of tithe ; the word " land" shall extend to every species of land, whe- ther arable, meadow, or pasture, and whether freehold, copy- hold, or customary, or held by any other tenure, and as well to one piece or parcel as to any number of pieces or parcels of land; the word " parish" shall be construed to include any parish, township, liberty, precinct, vill, village, hamlet, tithing, chapelry, or any other place or division or district of a place, whether parochial or extra-parochial ; and every word import- ing the singular number only shall extend and be applied to several persons or things as well as one person or thing. 57. Provided further, and be it enacted. That nothing in Saving the this Act contained shall extend or be construed to extend to rights of His affect, prejudice, or derogate from the estate, right, title, in- ^^^^ Z [? ^^' terests, privileges, or authority of the King's most excellent (jy^^y of qqj.u. Majesty, his heirs, and successors, in right or in respect of his wall, or of the duchy of Cornwall, or of the Duke of Cornwall for the time duke of Corn- being, or to authorize, sanction, or permit the inclosure of ^^^^^^.*^^ a,ny lands, grounds, tenements, or hereditaments whatsoever, ^^^ ' ^' or give any right or title whatsoever to any incroachment or intake heretofore made thereupon, or otherwise affect any lands, grounds, tenements, or hereditaments whatsoever be- longing to or held of or being within and forming part and parcel of any manor, messuage, or tenement, open field, pas- ture, common, or other land or ground whatsoever, or any advowson, rectory, or vicarage, parcel of the possessions of the duchy of Cornwall, or wherein or whereunto, or over, upon, or with reference whereto. His Majesty, in respect of his said duchy of Cornwall, or the Duke of Cormvall for the time being, may have or claim to have any estate, right, title, or interest whatsoever, nor at any time or times be admitted in any court of law or equity or otherwise considered as evidence upon any occasion to affect in any manner His Majesty, his heirs and successors, in right or in respect of his said duchy of Cornwall, or the Duke of Cornwall for the time being. 58. Provided always, and be it further enacted. That no- Saving as to thing in this Act contained shall aiithoinze the inclosure of ^^^ duchy of any open lands in, to, or over which His Majesty, in right of his crown or of his duchy of Lancaster, has or may have or claim to be entitled to any estate, right, title, or interest what- soever. 59. Saving always to the King's most excellent Majesty, General saving his heirs and successors, and to all and every other person and persons, bodies politic and corporate, ecclesiastical and civil, his, her, or their respective heirs, successors, executors, and administrators, (other than and except the persons to whom any allotment or compensation shall be made by virtue 236 6 & 7 WILLIAM IV. Cap. 115. of this Act, in respect of the interest or property for which such allotment or compensation shall be made to them in re- spect of such right, and except such other rights and inter- ests as the intents and purposes herebv authorized shall abso- lutely require to be baiTed, destroyed, or extinguished by this Act, and all persons respectively claiming under them or in remainder after them,) all such estate, right, title, interest, claim, and demand as they, every or any of them, had or enjoyed of, in, to, or out of the said open and common arable, meadow, or pasture lands or fields hereby authorized to be divided, allotted, and inclosed, before the passing of this Act, or the carrying the powers thereof into execution, or could or might have held or enjoyed in case this Act had not been made, or the powers thereof had not been carried into exe- cution. Cap. CXVI. An Act to consolidate and amend the Laws relating to the presentment of Public Money by Grand Juries in Ireland. [20th August, 1836.] Cap. CXVII. An Act to amend several Acts relating to the Harbour of Kmgstown. [20th August, 1836.] INDEX. ALIENS. an Act for the registration of aliens, and to repeal an Act passed in the 7th year of the reign of his late Majesty for that purpose, 6 W. 4, c. 11, p. 5. repeal of 7 G. 4, c. 54. Id. s. 1, p. 5 masters of vessels arri\'ing from foreign ports to declare what aliens are on board, or have landed from their vessels. Id. s. 2. p. 5 penalty for omission of declaration. Id. ibid. p. 5 not to extend to foreign mariners navigating the vessel. Id. ibid. p. 5 alien on arrival from abroad to declare his name, descrip- tion, &c. and produce his passport. Id. s. 3, p. 5 officer of customs to register the declaration, and deliver a certificate to the ahen. Id. s. 4, p. 6 officer of customs to transmit declaration, &c. to secretary of state. Id. s. 5, p. 6 certificate of alien departing the realm to be transmitted to secretary of state. Id. s. 6, p. 6 new certificates to be issued in Heu of such as are lost. Id. s. 7, p. 6 certificate to be granted without fee. 7rf. s. 8, p. 7 penalty. Id. ibid. penalty for forging certificates, &c. Id. s. 9, p. 7 prosecution of offences. Id. s. 10, p. 7 not to affect foreign ministers or their servants. Id. s. 11, p. 7 nor aliens who have been resident three years and obtained certificate thereof, nor aliens under fourteen years of age. Id. ibid. commencement of Act. Id. s. 12, p. 8 ASSESSED TAXES. duties on four wheeled carriages let to hire, and drawn by one horse, reduced. 6 & 7 W. 4, c. 64, s. 1, p. 61 carriages, &c. conveying prisoners or paupers exempted from duties of assessed taxes. Id. s. 3, p. 61 "238 INDEX. ASSESSMENTS. See Tit. Parochial Assessments. ATTORNEY. See Tit. Felony. BIRTHS. See Tit. Registration. BREAD. An Act to repeal the several Acts now in force relating to bread to be sold out of the City of London and the liberties thereof, and beyond the weekly bills of mor- tality, and ten miles of the Royal Exchange, and to provide other regulations for the making and sale of bread, and for preventing the adulteration of meal, flour, and bread, beyond the limits aforesaid, 6 & 7 W. 4, c. 37, p. 27 all Acts relating to the making and selling of bread, or to the punishment for adulterating meal, &c. out of the City of London, and beyond the bills of mortality, repealed. Id. s. 1, p. 27 bread made of the articles herein-mentioned may be sold. Id. s. 2, p. 28 bakers to make bread of any weight or size. Id. s. 3, p. 28 bread to be sold by weight, and in no other manner. Id. s. 4, p. 28 penalty. Id. ibid. proviso for French and fancy bread and roUs. Id. ibid. bakers to use avoirdupois weight. Id. s. 5, p. 28 penalty for using any other. Id. ibid. bakers to provide in their shops, beams, scales, and weights, &c. and to weigh bread, &c. Id. s. 6, p. 29 penalty. Id. ibid. bakers and sellers of bread, &c. delivering by cart, &c. by cart, &c, to be provided with scales, weights, &c. for weighing bread. Id. s. 7, p. 29 penalty. Id. ibid. adulterating bread. Id. s. 8. p. 30. penalty. Id. ibid. names of offenders to be published. Id. ibid. adulterating corn, meal, or flour. Id. s. 9. p. 30 selling flour of one sort of corn as the flour of another sort. Id. ibid. Penalty. Id. ibid. Bread made of mixed meal or flour, to be marked with a Roman M. Id. s. 10, p. 31 penalty, ibid. proviso, Id. ibid, magistrates, or peace-oflScers by their wan-ants, may search a baker's premises, and if any adulterated flour, bread, &c., be found, the same may be seized and disposed of as herein mentioned. Id. s. 11, p. 31 penalty if ingredients for adulteration of meal or bread are found in any premises. Id. s. 12, p. 32 first offence, second offence, subsequent offence. Id, ibid. INDEX. 239 BREAD — continued. names of offenders to be published. Id. ibid. obstructing search. Id. s, 13, p. 33 penalty. Id. ibid. offences occasioned by wilful default of journeymen and servants. Id. ibid. proceedings. Id. p. 34 if penalty on journeymen is not paid, magistrates may order imprisonment, &c. Id. ibid. bakers not to^make bread or rolls on the Lord's day, or sell bread, or bake pies, except between certain hours. Id. s. 14, p. 34. penalty. Id. p, 34. first offence, second offence, subsequent offence. Id. ibid. bakings may be delivered till half-past one on Sundays. Id. ibid. no miller, mealman or baker to act as a justice of the peace, under this Act. Id. s. 15, p. 36 penalty, .£100. Id. ibid. opposing execution of the Act. Id. s. 16, p. 36. penalty. Id. ibid. recoverv and application of penalties and forfeitures. Id. s. 17, p. 36. distress. Id. ibid. imprisonment. Id. ibid. form of summons. Id. s. 18, p, 37. form of information. Id. s. 19. p. 38. informations to be laid before acting magistrates of district. Id. s. 20, p. 38. power to summons witnesses in prosecuting offences. Id. s. 21, p. 38. tender of expenses. Id. ibid. examinations upon oath. Id. ibid. committal. Id, p. 39. false evidence, perjuiy. Id. s. 22, p. 39. form of conviction. Id. s. 23. p. 39. proceedings not be quashed for want of form. Id. s. 24, p. 39. tender of amends. Id. s. 24, p, 40. appeal to quarter sessions. Id. s. 25, p. 40. recognizance. Id. ibid. determination to be final. Id. ibid. costs. Id. ibid. appellant not paying sum adjudged against him to be committed. Id. ibid. costs to appellant making good his appeal. Id. p. 41. where conviction within six days of quarter session, time allowed for appeal. Id. s. 26, p. 41. as to penalties in Scotland. Id. s. 27, p. 41. appeal in Scotland to commissioners of justiciary at cir- cuit court. Id. 3. 28, p. 41. 240 INDEX. BREAD — continued. limitation of actions. Id. s. 29, p. 42. part of 24 Geo. 2, c. 44, extended to this Act. Id. ibid. tender of amends. Id. ibid. costs. Id. p. 43. in actions for executing Act, general issue may be pleaded. Id. s. 30, p. 43. treble costs. Id. ibid. limitation of information. Id. s. 31, p. 43. application of penalties. Id. s. 32, p. 43. proviso for rights of particular persons. Id. s. 33, p. 44. commencement of Act. Id. s. 34, p. 44. Act not to extend to Ireland. Id. s. 35, p. 44. BOROUGHS. See Tit. Boundaries. an Act for the better administration of justice in certain boroughs, 6 & 7 W. 4, c. 105, p. 197 county justices may contract with council of a borough in which there is a sufficient goal for the committal of county prisoners thereto. Id. s. 1, p. 197 if there is a separate court of quarter sessions in the borough, such offenders may be tried there. Id. ibid. power to try prisoners at borough sessions although com- mitted for trial under contract to a county prison more than two miles from the borough. Id. s. 2, p. 1 98 oaths required to be taken by recorder, &c. may be taken before the mayor or two aldermen or councillors. Id. s. 3, p. 198 mayor to hold over until acceptance of office by his suc- cessor. Id. s. 4, p. 198 sheriff to be elected on ninth November instead of first November. Id. s. 5, p. 198 , coroner may appoint a deputy in case of illness or un- avoidable absence. Id. s. 6, p. 198 extension of jurisdiction of courts of requests. Id. s. 7, p. 199 powers of local Acts heretofore exercised by justices in quarter sessions, and not within the powers of the recorder, vested in the council. Id. s. 8, p. 199 provision for holding courts of record. Id. s. 9, p. 199 repeal of part of 5 & 6 W. 4, c. 76, as to courts of quarter sessions for the cinque ports, and new pro- vision made. Id. s. 10, p. 200 justices acting under commission granted by virtue of 51 G. 3. c. 36. may exercise all the powers of justices in counties relating to the granting of licenses to victuallers. Id. s. 11, p. 201 His Majesty may appoint the vice chancellor of Cam- bridge University to be a justice of the borough. Id. s. 12, p. 202 proviso as to vice chancellor's power of licensing ale- houses. Id. ibid. an Act for the better administration of the borough fund INDEX. 241 BOROUGH S— continued. in certain boroughs, 6 & 7 W. 4. c. 104, p. 194 new securities may be given for old debts. Id. s. 1, p. 195 extending the power of disposition given to the council as to certain demises ; and the power allowed to be exercised over the lands, &c, with the approbation of the treasury. Id. s. 2, p. 195 treasurer of a borough may apply proceeds of sales as hereinbefore mentioned. Id. s. 3, p. 195 persons assigned to keep the peace in any borough may act as justices in levying county rates made before May, 1836. Id. s. 4, p. 195 mayor may issue his warrant for levying borough rate, &c. Id. s. 5, p. 195 burgesses competent witnesses. Id. s. 6. p. 196. mayor, &c., if enrolled on burgess roll not liable to penalty for so acting. Id. s. 7, p. 196 corporate offices may be resigned on payment of the fine, proviso for persons refusing on consciencious grounds. Id. s. 8, p. 196 reservation of exemption from tolls enjoyed by persons in virtue of other than corporate rights. Id. s. 9, p. 196 accounts of corporations to be transmitted to secretary of state, and abstracts laid before parliament. Id. s. 10, p. 196 BOUNDARIES. an Act to make temporary provision for the boundaries of certain boroughs, 6 & 7 W. 4. c. 103, p. 191 part of the 5 & 6 W. 4, c. 76. repealed. Id. s. 1, p. 192. new provision as to boundaries of boroughs, &c., Id. ibid. proviso as to the liability of rate payers. Id. ibid. proviso as to the election of mayor, &c. Id. p. 193 boundaries of the borough of Sunderland. Id. s. 2, p. 193 the division of boroughs into wards by the barristers not to be affected by the exclusion of any ward or part of a ward. Id. s. 3, p. 193 if a borough has been so divided that the whole of a ward shall consist of a district excluded by this Act a new assignment of councillors to be made by the banister until parliament shall otherwise direct. Id. ibid. local Acts for the relief of the poor not to be affected. Id. s. 4, p. 194 nothing herein to affect the assessments of the land or assessed taxes, or the jurisdiction of the commis- sioners. Id. s. 5, p. 194 Berwick-upon-Tweed declared a county to all intents but for parliamentary elections. Id. s. 6, p. 194 BRIAVEL'S, St. an Act for vesting the office of constable of the castle of St. Briavel's, in the first commissioner of His Ma- 242 INDEX. BRIAVEL'S, St.— continued. jesty's woods, forests, lands, revenues, works and buildings ; and for vesting the office of keeper of the forest of Dean in the county of Gloucester, in the commissioners of IJis Majesty's woods, forests, land revenues, works and buildings, 6 W. 4. c. 3, p. 1 office of constable of St. Bviavel's vested in the first commissioner of woods, forests, &c. p. 2 BUILDING SOCIETIES. an Act for the regulation of benefit building societies. 6 & 7 W. 4. c. 32, p. 24 societies may be established for the purchase or erection of dwelling houses. Id. s. 1, p. 24 bonus, &c. not to be usurious. Id. s. 2, p. 25 rules may be made to provide forms of conveyance, &c. Id. s. 3, p. 25 provisions of friendly society Acts of 10 Geo. 4. c. 56, and 4 & 5 W. 4. c. 40. extended to this Act. Id. s. 4, p. 25 receipt endorsed on mortgage to be sufficient discharge without reconveyance. Id. s. 5, p. 25 not to authorize investment of funds in savings bank. Id. s. 6, p. 26 benefit of Act to extend to all societies established prior to June, 1836. Id. s. 7, p. 26 exemption from stamp duties. Id. s. 8, p. 26 pubhc Act. Id. s. 9, p. 26 CHURCH. an Act for carrying into eff'ect the reports of the Commis- sioners appointed to consider the state of the Esta- blished Church in England and "Wales, with refer- ence to ecclesiastical duties and revenues, so far as they relate to episcopal dioceses, revenues, and pa- tronage. 6 & 7 W. 4, c. 77, p. 118 recital of commissions and reports. Id. s. 1, p. 118 commissioners incorporated. Id. p. 124 commissioners may call and examine witnesses, &c., and administer an oath or a declaration. Id. s. 9, p. 124 commissioners to lay schemes before the King in council for carrying into effect their recommendations. Id. s. 10, p. 124 for preventing appointment of clergymen in Wales not acquainted with the Welsh language. Id. s. 11, p. 125 jurisdiction of archdeacons. Id. p. 19, s. 125 this Act not to afl'ect the jurisdiction of the ecclesiastical courts for one year. Id. s. 20, p. 126 provisions applicable to church commissioners under Mu- nicipal Reform Act to apply to commissioners under this Act. 5 c\ 6 W. 4, c. 76. Id. s. 26, p. 125 INDEX. 243 CONVICTION. See Tit. Felony. an Act to prevent the fact of a previous conviction being given in evidence to the jury on the case before them except when evidence to character is given. 6 & 7 W. 4. cap. Ill, p. 204; 7 & 8 G. 4, c. 28, p. 204 a previous conviction not to be given in charge, or read to the jury, untU after the finding for a subsequent felony, except when evidence as to good character is given. Id. s. 1, p. 205 CORONERS' INQUESTS. See Tit. Medical Witnesses. COUNSEL. See Tit. Felony. CUSTOMS. an Act to amend the laws relating to the customs. 6 & 7 W. 4, c. 60, p. 56 magistrates to commit offenders convicted of offences against custom laws to nearest house of correction, 4 & 5 W. 4, c. 13. Id. s. 9, p. 56 authorizing magistrates to proceed to conviction of smug- glers in certain cases without an order from the Board of Customs. Id. s. 10, p. 57 prosecutions not to be instituted in cases where spirits, tobacco, or snuff are found on board vessels in legal packages within certain distances of the coast of the United Kingdom. 3 & 4 W. 4, c. 53. Id. s. 11, p. 57 DEAN, forest of. the office of keeper of his Majesty's deer in the forest of Dean vested in the commissioners of woods, forests, &c. 6 W. 4, c. 3, p. 2 DEATHS. See Tit. Registration. DIVISIONS in counties of England and Wales. an Act for amending an Act of the ninth year of the reign of His late Majesty King George the Fourth, inti- tuled " An Act for the better regulation of Divisions in the several counties of England and Wales." 6 W. 4, c. 12, p. 8 justices at quarter sessions may alter divisions after three years from the constituting thereof. Id. s. 1, p. 9 new divisions may be constituted, if five justices are resi- dent or acting therein. Id. s. 2, p. 9 fornis, &c. to be similar to those in 9 Geo. 4, c. 43. /(/. s. 3, p. 9 reservation of right of appeal. Id. s. 4, p. 9 proceedings not to be quashed for want of form. Id. s. 5, p. 9 not to extend to Middlesex, Scotland, or Ireland. Id. s. G, p. 9 R 2 244 INDEX. DURHAM. an Act for separating the palatine jurisdiction of tlie county palatine of Durham from the bishoprick of Durham. 6 W. 4, c. 19, p. 14 the palatine jurisdiction of the bishop of Durham to be separated from the bishoprick and vested in the crown. Id. s. 1, p. 14 county court to cease. Id. s. 2, p. 14 custos rotulorum to be appointed. Id. s. 3, p. 15 compensation to persons affected by the provisions of the Act. Id. s. 4, p. 15 restrictions as to compensation. Id. s. 5, p. 16 reservation of patent fees to patentees. Id. s. 6, p. 16 extent of the words " county of Durham." Id. s. 7, p. 16 commencement of Act. Id. s. 8, p. 16 reservation of rights to the bishoprick. Id. s. 9, p. 16 the bishop to take and hold subject to future provisions. Id. s. 10, p. 17 ECCLESIASTICAL PERSONS.— See Tit. Leases. ELECTIONS. an Act for rendering more easy the taking the poll at countv elections. 6 & 7 W. 4, c. 102, p. 190, 2 & 3 W. 4, c. 64, p. 190 additional polUng places may be appointed upon petition from justices in quarter sessions assembled. Id. s. 1, p. 190 notices to be given previous to any petition being made. Id s. 2, p. 191 as to the number of polling booths to be provided. Id. s. 3. p. 191 FELONY. an Act for enabling persons indicted for felony to make their defence by counsel or attorney. 6 & 7 W. 4, c. 1 14, p. 205 aU persons tried for felony after 1st October next, may make their defence by counsel or attorney. Id. s. 1, p. 206 in cases of summary conviction. Id, s. 2, p. 206 copies of depositions to be allowed to prisoners. Id. s. 3, p. 206 prisoners entitled to inspect depositions on trial. Id. s. 4, p. 206 GAME. information on oath not necessary in first instance, under 1 & 2 W. 4, c. 32. 6 & 7,'W. 4. c. 64, s. 9, p. 61 INDEX. 245 HIGHWAY RATES. an Act to facilitate, until the nineteenth day of March one thousand eight hundred and thirtj^-seven, the i-eco- very of certain airears of highway rates and compo- sition in lieu of statute duty. 6 & 7 W. 4, c. 63, p. 59 surveyor under 5 & 6 W. 4, c. 50, may recover highway rates or compositions due under Acts thereby re- pealed. Id. s. 1, p. 59 application of money recovered. Id. ibid. continuance of Act. Id. s. 2, p. 59 HORSE PATROL. an Act to authorize the placing of the horse patrol now acting under the authority of the chief magistrate of the public office, Bow-street, under the authority of the justices appointed for the metropolitan police district. 6 & 7 W. 4, c. 50, p. 47 to be under the authority of the justices appointed under the recited Act. Id. s. 1, p. 47 such justices to act also in the counties of Berks and Bucks. Id. s. 2, p. 47 the said justices to appoint the persons to act as horse patrol. Id. s. 3, p. 48 penalty for assaulting horse patrol. Id. s. 4, p. 48 punishing horse patrol for disobedience of orders. Id. s. 5, p. 48 penalty on victuallers harbouring horse patrol. Id. s. 6, p. 48 receiver of police officers to pay over a certain sum to the receiver of the metropolitan police district, for the support of the horse patrol. Id. s. 7, p. 49 receiver of metropolitan police di-strict to pay such monies into the Bank of England. Id. s. 8, p. 49 extending certain powers of Act 10 G. 4, to this Act. Id. s. 9, p. 49 horse, arms, &c. of horse patrol vested in receiver of metropolitan police. Id. s. 10, p. 49 the said receiver to pay wages of horse patrol, and ex- penses connected therewith. Id. s. 11, p. 49. provisions of Act 10 G. 4, relative to punishment of of- fenders extended to this Act. Id. s, 12, p. 50 not to be allowed to vote, or otherwise to interfere in elections, except in cUscharge of their official duties. Id. s. 13, p. 50 INCLOSURE. an Act for facilitating the inclosure of open and arable fields in England and Wales. 6 & 7 W. 4, c. 115, p. 206 open and common lands may be inclosed with the consent 246 INDEX. I NCLOSVRE— continued. of two third parts in number and value of the parties interested therein. 6 & 7 W. 4, c. 115, s. 1, p. 207 the consent of the tenant in remainder necessary in certain cases. Id. s. 2, p. 208 commissioners to be nominated by the parties consenting' to the inclosure. Id. s. 3, p. 209 commissioners to appoint a clerk. Id. s, 4. p. 210 umpire to be appointed. /(/. s. 5, p. 210 in case of difierence of opinion between the commissioners the matter to be determined by the umpire. /rf. p. 211 commissioners and umpire to take an oath. Id. s. 6, p. 211 form of oath. Id. ibid. commissioners to give notice of meetings, &c. Id. s. 7,^.211 adjournment of meeting in case of failure of attendance of of commissioners. Id. ibid. place of meeting. Id. ibid. mode in which other notices are to be given. Id. s. 8, p. 212 allowance to commissioners, umpire, and surveyors. Id. s. 9, p. 212 major part of proprietors may agree for payment of a gross sum to commissioners, &c. Id. s. 10, p. 212. four fifths of proprietors, &c. may agree to adopt any previous plan, &c. Id. s. 11, p. 213 four fifths in number may agree upon rules for guidance of commissioners or umpire. Id. s. 12, p. 213 such several agreements may be appealed against to the quarter sessions. Id. s. 13, p. 213. notice of appeal. Id. ibid. a copy of objections to be left with the party objected to, .t or given to his agent. Id. s. 14, p. 214 for settling disputes between parties interested. Id. s. 15, p. 214 commissioners may award costs. Id. s. 16, p. 214 appeal allowed when parties are dissatisfied with the decision of the commisioners. Id. s. 17, p. 215 death of parties not to abate actions. Id. s. 18, p. 216 commissioners not to determine rights between parties except in cases of encroachment within 20 years. Id. s. 19, p. 216 encroachments made within twenty years to be deemed part of the land to be allotted. Id. s. 20, p. 217 lands used for charitable purposes not to be deemed an encroachment. Id. s. 21, p. 217 lands ^inclosed more than twenty years deemed to be ancient inclosures. Id. s. 22, p. 217 cultivated ground to be allotted to the proprietors only. Id. s. 23, p. 217 INDEX. 247 INChOSU^E—contimied. compensation to be made for standing crops. 6 & 7 W. 4, c. 115, s. 24, p. 217 commissioners to direct the course of husbandry to be followed. Id. s. 25, p. 218 commissioners to allot the land to be inclosed. Id. s. 26, p. 219 at the desire of the parties several allotments may be set out together, distinguished by metes and bounds, but riot fenced froiii each other. Id. s. 27, p. 219 for ascertaining boundaries. Id. s. 28, p. 219 right of herbage in private roads to be set out. Id. s. 29, p. 220 empow^ering rectors to erect buildings on lands allotted in right of glebe, and charge expenses thereon. Id. s. 30, p. 220 rectors with consent of bishop may demise the allotments. Id. s. 31, p. 222 commissioners in certain cases to apportion expenses of erecting boundary fences. Id. s. 32, p. 222 Act not to affect settlements. Id. s. 33, p. 223 leases at rack rent may be voided. Id. s. 34, p. 224 exchanges may be made. Id. s. 35, p. 224 allotments to be under the same tenm-e as the lands in respect of which they are allotted. Id. s. 36, p. 225 for defraying expenses of exchanges. Id. s. 37, p. 226 ditches, &c. may be cleaned, altered, or widened. Id. s. 38. p. 226 power to commissioners to make drains through land not proposed to be inclosed, due compensation being made for damage done. Id. s. 39, p. 226 upon the consent of seven eighths in number and value, an inclosure may take place without the intervention of commissioners. Id. s. 40, p. 227 schedule of land proposed to be inclosed to be deposited with the clerk of the parish and the clerk of the peace ; and a notice thei'eof affixed on the church door, and pubUshed in some newspaper circulating in the county. Id. s. 41, p. 227 incapacitated persons enabled to enter into an arrange- ment for compensation. Id. s. 42, p. 228 persons having objections to such inclosure to deposit them with the clerk of the peace within six months. Id. s. 43, p. 228 clerk of the peace to lay the schedule, &c. before the justices at quarter sessions who sKaU hear and deter- mine upon such objections. Id. s. 45, p. 229 persons interested in allotments may sell the same before the award : and commissioners may allot them to the purchasers. Id. s. 45, p. 229 248 INDEX. mCLOSURE— continued. tenants for life empowered to sell allotments to defray expenses. 6 & 7 W. 4, c. 1 15, s. 46, p. 229 when allotments to a tenant for life are in different parishes, commissioners may sell land in one parish to defray expenses attending the other portion of the allotment. Id. s. 47, p. 230 not to charge lands with expenses unless the sum to arise shall be less than £5. per acre. Id. s. 48, p. 231 for payment of expenses of measuring, dividing, allotting, and inclosing open and common lands. Id. s. 49, p. 231 commissioners to account. Id. s. 50, p. 232 awards. Id. s. 51, p. 232 provision of recited Acts, wher^ not altered or repealed, extended to this Act. Id. s. 52, p. 232 appeal to quarter sessions where parties think themselves aggrieved. Id. s. 53, p. 233 Act not to affect rights of lords of manors. /rf. S.54, p.233 Act not to authorise the inclosure of any open or common fields within certain distances of large towns. Id. s. 55, p. 234 meaning of certain words in Act. Id. s. 56, p. 234 saving the rights of His Majesty' in respect of the Duchy of Cornwall, or of the Duke of Cornwall for time being. Id. s. 57, p. 235 saving as to the Duchy of Lancaster. Id. s. 58, p. 235 general saving. Id. s. 59, p. 235 INDEMNITY. An Act to indemnify such persons in the United Kingdom as have omitted to qualify themselves for offices and employments, and for extending the time limited for those purposes respectively, until the twenty-fifth day of March, one thousand eight hundred and thirty-seven ; to peniiit such persons in Great Britain as have omitted to make and file affidavits of the execution of indentm'es of clerks to attomies and solicitors, to make and file the same on or before the first day of hilary term, one thousand eight hundred and thirty-seven, and to allow persons to make and file such affidavits, although the persons whom they served shall have neglected to take out their annual certificates. 6. W. 4, c. 7, p. 4 Act of, not to exempt justices acting without legal qualification. Id. s. 4, p. 4 INQUESTS. See Tit. Medical Witnesses. LEASES by ecclesiastical persons. INDEX. 24 LEASES — continued. an Act for imposing certain restrictions on the renewal of leases by ecclesiastical persons. 6 W. 4, c. 20, p. 17 restrictions on ecclesiastical persons granting leases. Id. s. I, p. 17 recitals of lease to be taken as evidence of fact. Id. ibid. penalty on persons introducing recitals into lease, knowing the same to be false. Id. s. 3, p. 18 ecclesiastical persons may grant certain leases conform- able to usual practice. Id. s. 4, p. 18 not to prevent ecclesiastical persons effecting exchanges under certain conditions. Id. s. 5, p. 19 not to prevent grants under Acts of Parliament. Id. s. 6, p. 19 nor for same term as preceding leases. Id. s. 7, p. 19 Act not to render valid illegal leases. Id. s. 8, p. 20 leases contrary to this Act void. Id. s. 9, p. 20 Act not to extend to Ireland. Id. s. 10, p. 20 leases granted by spiritual persons under the provisions of the Act 6 W. 4, c. 20, not void by reason of not containing such recital as is mentioned in that Act. 6 & 7 W. 4, c. 64, p. 60 LETTER STEALING. an Act to amend an Act of the last session for abolishing capital punishments in cases of letter stealing and sacrilege. 6 W. 4, c. 4, p. 3 interpretation of 5 & 6 W. 4, c. 81, p. 3 persons convicted of offences under the same to be punished at discretion of the judge, p. 3 LIGHTHOUSES. an Act for vesting lighthouses, lights and sea-marks on the coasts of England in the corporation of Trinity House of Deptford, Stroud ; and for making provi- sions respecting lighthouses, lights, buoys, beacons, and sea-marks, and the toUs and duties payable in respect thereof. 6 & 7 W. 4, c. 79, p. 126 allowance of sheriffs and jurors. Id. s. 14, p. 126 fines on sheriff, juror, and witnesses, for non-attendance. Id. s. 15, p. 126 verdicts to be deemed records, and a copy thereof evi- dence. Id. s. 17, p. 127 remedy in respect of fires, &c. on the coast, which may be mistaken for lights and sea-marks. Id. s. 61, p. 127 MARRIAGES. See Tit. Registration. See Tit. St. Clement's, Oxford. See Tit. Wandsworth. an Act for marriages in England. 6& 7. W. 4, c. 85, p. 129 250 INDEX. MARRIAGES— continued. after 1st March 1837, all rules prescribed by the rubric to continue to be observed. 6 & 7 W. 4, c. 85, s. 1, p. 130 marriages may be solemnized on production of registrar's certificate. Id. ibid. marriages of Quakers and Jews. Id. s. 2, p. 130 superintendent registrar of births to be superintendent registrar of marriages. Id. ibid. notice of every intended marriage to be given to the su- perintendent registi-ar of the district. Id. s. 4, p. 130 superintendent registrar to keep notices in a book. Id. s. 5, p. 131 notices to be read at meetings of guardians. Id. s. 6, p. 131 after seven days or twenty-one days, certificate of notice to be given upon demand. Id. s. 7, p. 131 forms of certificate to be furnished. Id. s. 8, p. 132 certificates for marriages by license to be distinguishable from other certificates. Id. ibid. issue of superintendent registrar's certificate may be for- bidden. Id. s. 9, p. 132 consent. Id. s. 10, p. 132 superintendent registrar may grant licenses for marriage. Id. s. 1 1 . p. 132 superintendent registrar to give security. Id. 133 proviso. Id. p. 133 certificate to be given before license is granted. Id. s. 12, p. 133. caveat may be lodged with superintendent registrar against grant of license or certificate. Id. s. 13. p. 133 marriages not to be solemnized until after twenty-one days after entry of notice, unless by license. Id. s. 14, p. 134 new notice required after three months. Id. s. 15, p. 134 superintendent registrar's certificate or license to be deli- vered to the person by or before|whom the marriage is solemnized. Id. s. 16, p. 134 superintendent registrar may appoint registrars of mar- riages. Id. s. 17, p. 134 places of worship may be registered for solemnizing mar- "^ riages therein. Id. s. 10, p. 135 on removal of the same congregation the new place of worship may be immediately registered instead of of the one disused. Id. s. 19, p. 135 marriages may be solemnized in such registered places in the presence of some registrar and of two witnesses. Id. s. 20, p. 136 marriages may be celel rated before the superintendent registrar. Id. s. 21, p. 136 marriage fees to the registrar. Id. s. 22, p. 137 INDEX. 251 MARRIAGES — con/mwet/. registrar to register all marriages solemnized before him in books to be sent by the registrar general. 6"& 7 W. 4, c. 85, s. 23, p. 137 copies of the marriage register book to be given quarterly to the superintendent registrar. Id. s. 24, p. 137 proof of residence of parties not necessary to estabhsh the marriage. Id. s. 25, p. 137 bishops with consent of patrons may hcense chapels for the solemnization of marriages in populous places. Id. s. 26, p. 137 appropriation of fees on maiTiages performed in such chapels. Id. s. 27, p. 138 patron or incumbent may appeal to the archbishop against such licenses. Id. s. 28, p. 139 notice of such licenses to be affixed in chapels. Id. s. 29, p. 139 marriages performed in such chapels to be under the same regulations as those performed in parish chmches. Id. s. 30, p. 139 option to parties to be married at parish church. Id. s. 31, p. 139 bishop with consent of archbishop may revoke such licenses. Id. s. 32, p. 139 in which case registers to be sent to the incumbent of the parish church. Id. s. 33, p. 140 registrars of dioceses to send to the register office, yearly, hsts of hcensed chapels mthin their districts. Id. s. 34, p. 140 lists of all chapels and buildings registered to be printed. Id. ibid. marriages under this Act valid. Id. s. 35. pp. 140, 141 registers may ask certain particulars of parties. Id. s. 36, p. 141 persons vexatiously entering caveat liable to costs and damages. Id. s. 37, p. 141 persons making false declarations, &c, guilty of perjury. Id. s. 38, p. 141 persons unduly solemnizing marriage guilty of felony. Id. s. 39, p. 141 superintendent registrars vmduly issuing certificates guilty of felony. Id. s. 40, p. 141 limitation of prosecution. Id. s. 41, p. 142 marriages void, if unduly solemnized with the knowledge of both parties. Id. s. 42, p. 142 in cases of fraudident marriages, the guilty party to forfeit all property accruing from the maniage, as in 4 G. 4, c. 76. Id. s. 43, p. 142 provisions of Registry Act extended to this Act. p. 142 252 INDEX. MARRIAGES— con^inwe.-/. extent of Act. 6 & 7 W. 4, c. 85, s. 44, p. 143 notice of marriage, p. 143 registrar's certificate, p. 144 license of marriage, p. 145 MEDICAL WITNESSES. an Act to provide for the attendance and remuneration of medical witnesses at coroners' inquests. 6 & 7 W. 4, c. 89, p. 170 coroner empowered to summon medical witnesses and to direct the performance of a post mortem examina- tion. Id. s. 1, p. 170 a majority of the jury may require the coroner to sum- mon additional medical evidence if the first be not satisfactory. Id. s. 2, p. 170 fees to medical witnesses, to be paid out of funds col- lected for the relief of the poor. Id. s. 3, p. 171 no fee for a post-mortem examination instituted without order from the coroner. Id. s. 4, p. 171 inquests on bodies of persons dying in public institutions. Id. s. 5, p. 171 penaltv on medical practitioner for neglecting to attend. Id. s. 6, p. 172 Act not to extend to Scotland. Id. s. 7, p. 172 form of summons, p. 172 table of fees, p. 172 coroner's order for the payment of medical witnesses. p. 173 METROPOLITAN POLICE. See Horse Patrol. MILITIA. an Act to suspend to the end of the next session of par- liament the making of lists and the ballots and en- rolments for the militia of the United Kingdom. 6 & 7 W. 4, c. 88, p. 169 general and subdivision meetings relating to the militia suspended. Id. s. 1, p. 169 proceedings may be had during such suspension by order in council. Id. s. 2, p. 169 Act to extend to wardens of stannaries, and to corps of miners. Id. s. 3, p. 169 MURDER. an Act to repeal so much of two Acts of the ninth and tenth years of King George the Fourth as directs the period of the execution and the prison discipline of persons convicted of the crime of murder. 6 & 7 W. 4, c. 30, p. 22 9 Geo. 4, c. 31, & 10 Geo. 4, c. 34, in part repealed. Id. s. 1, p. 23 as to the pronouncing of sentence of death for. Id. s. 2, p. 23, 24 INDEX. 253 NEWSPAPERS. an Act to consolidate and amend the laws relating to the conveyance of newspapers by post. 6 & 7 W. 4, c. 54, p. 51 repeal of so much of the Acts 4 G. 3, c. 24, — 9 G. 3, c. 35,-24 G. 3, c. 6,-35 G. 3, c. 53,-42 G. 3, c. 63,-45 G. 3, c. 11,-59 G. 3, c. 111,-6 G. 4, c. 68,-7 & 8 G. 4, c. 21,-4 & 5 W. 4, c. 44,— and 5 & 6 W. 4, c. 25, as relates to the conveyance of newspapers bj^ post. Id. s. 1, p. 51 exceptions. Id. p. 53 sender to be liable to treble duty on attempting to evade the duty of postage. Id. s. 19, p. 53 recovery of sums under <£20. Id. s. 24, p. 54 explanatory clause. Id. s. 25, p. 54 disputes to be referred to the postmaster general. Id. s. 26, p. 55 limitation of action. Id. s. 27, p. 55 An Act to reduce the duties on newspapers, and to amend the laws relating to the duties on newspapers and advertisements. 6 & 7 W. 4, c. 76, p. 101 reduced annuities granted on newspapers in lieu of duties repealed. Id. s. 1, p. 102 duties to commence on the 15th day of September, 1836. Id. ibid. powers and provisions of existing Stamp Acts to extend to the duties granted by this Act. 7c?. ibid. particulars to be printed on newspapers with supplements. Id. s. 5, p. 102 penalt)' for omission, £20. Id. ibid. penalty for publishing supplements without the news- papers, £20. Id. p. 103 no person to print or publish a newspaper until a decla- ration be made and delivered at the stamp office. Id. s. 6, p. 103 fresh declaration to be made in certain cases. Id. ibid. before whom declarations are to be made. Id. p. 104. penalty if the declaration be false or defective. Id. ibid. penalty for printing or publishing a newspaper, such de- claration not having been made, £oO. Id. s. 7, p. 104 declarations to be filed, and certified copies to be admit- ted in evidence against the persons making the same. Id. s. 8, p. 105 commissioners, &c. to deliver certified copies of declara- tions, and the same to be received in evidence. Id. ibid. after production of the declaration, and a newspaper en- titled as therein mentioned, it shall not be neces- sarj' to prove the purchase of the paper. Id. p. 106 254 INDEX. NEWSPAPERS— row/m?/erf. penalty an unauthorized persons giving certificates, and on commissioners giving false certificates, £100. 6 & 7 W. 4, c. 76, ibid. service of legal process at the place of printing or pub- lishing mentioned in the declaration shall be deemed sufficient service. Id. p. 107 titles of newspapers and names of printers and publishers to be entered in a book, and persons to have liberty to inspect it. Id. s. 10, p. 107 copies of newspapers shall be delivered to the commis- sioners of stamps and taxes on penalty of £20, and may be produced in evidence. Id. s. 13, p. 107 commissioners may allow printer to lodge his paper with any distributor. Id. p. 109 name of printer and other particulars to be printed on newspapers. Id. s. 14, p. 109 penalty on persons printing, publishing, and selling, &c. newspapers not duly stamped, £20. Id. s. 17, p. 109 a printed copy of every pamphlet or paper containing advertisements to be brought to the stamp office to be entered, and the duty thereon to be paid. Id. s. 21, p. 110 penalty for neglect to pay duty, £50. Id. p. 110 justices of the peace, on information upon oath, may grant warrants to search for unstamped newspapers, and to seize presses, &c. used in printing the same. Id. s. 22, p. Ill on refusal of admittance on the execution of any search warrant, constables or peace officers may break open doors. Id. s. 23, p. 112 penalty on persons resisting constables and officers acting in the execution of their duties under this Act, £20. Id. ibid. constables and peace officers to aid and assist in the exe- cution of warrants. Id. ibid. penalty for refusal or neglect of duty. Id. ibid. persons possessed of printing presses may give notice thereof at the stamp office, and return list of perio- dical papers for the printing of which such presses are used. Id. s. 24, p. 112 persons who shall give such notice and deliver such list not to be liable to any penalty bv reason of printing on unstamped paper any paper specified in such list, unless previous notice be given to them by a com- missioner or officer of stamp duties, of its liabihty to stamp duty. Id. s. 25, p. 114 recovery of penalties. Id. s. 27, p. 115 application of penalties. Id. ibid. INDEX. 255 NEWSPAPERS— cow^mwerf. mode of proceeding for tlie recovery of penalties before justices of the peace. 6 & 7 W.4, c. 76, s. 28, p. 116 appeal to sessions. Id. ibid. notice of appeal. Id. ibid. sessions may give costs. Id. ibid. persons convicted to give security on appeal. Id. ibid. no certiorari. Id. p. 117 justices may mitigate penalties. Id. ibid. form of conviction. Id. s. 29, p. 117 for compelling attendance of witnesses before justices. Id. s. 30, p. 117 vfhat shall be deemed good service of process for proceed- ings under this Act. Id. s. 31, p. 118 OXFORD, St. CLEMENT. an Act to render valid certain marriages solemnized in the church of St. Clement, Oxford, 6 & 7 W.4. c. 92. p. 182 all marriages solemnized in the church of St. Clement, Oxford declared valid. Id. s. 1, p. 182 Ministers not to be liable to penalties. Id. s. 2, p. 183. registers to be evidence. Id. s. 3, p. 183. PAROCHIAL ASSESSMENTS. an Act to regulate parochial assessments, 6 & 7 W. 4. c. 9Q, p. 184 all rates to be made on the net value of the property. Id. s. 1, p. 184 proviso. Id. ibid. rates to be made in a given form. Id. s. 2, p. 184. nothing herein to prevent owners from compounding for rates. Id. ibid. power to order new survey and valuation. 7(^.s.3,p. 184 power for surveyors to enter and examine lands, &c., for purposes of survey and plans. Id. s. 4, p. 185 power to take copy or extract of rates, gratis, p. 185 penalty for refusal to permit. Id. s. 5, p. 185 justices acting in special sessions to hold four special sessions in the year to hear appeals. Id. s. 6, p. 185 seven days' notice to be given of objections. Id. ibid. proviso. Id. ibid. justices may act with all the powers of justices in quarter sessions. Id. s. 7, p. 186 Act confined to England and Wales. Id. s. 8, p. 187 form of rate. p. 187 POOR. an Act to extend the period for the repayment of loans made under an Act passed the fourth and fifth year of His present Majesty for the amendment and better administration of the laws relating to the poor in England and Wales, 6 & 7 W. 4. c. 107, p. 203 256 INDEX. POOR — continued. period for repayment of loans already made may be ex- tended to twenty years instead of ten years. 6 & 7. W. 4, c. 107, s. 1, p. 203 and in future advances the repayment may be extended to twenty years. Id. ibid. extension of repayment of loans not to prejudice the securities. /(/. s. 2, p. 203 PRISONERS. See Tit. Felony. REFORM ACT. an Act to legalise certain lists of voters and claims and objections for the present year, 6 & 7 W. 4. c. 101, p. 188 all notices, claims, &c., under recited Act valid this year, if done within the time prescribed by order in council of 11 July, 1832. Id. s. 1, p. 188 revising barristers' courts for this year to be held between 15th October and 25th November. Id. s. 2, p. 189 sheriff to appoint a person to act as returning officer in case of a vacancy. Id. s. 3, p. 190 REGISTRATION. an Act for registering births, deaths and marriages in in England, 6 & 7 W. 4. c. 86, p. 146 so much of Acts 52 G. 3. c. 126., and 4 G. 4. c. 76., as relates to registration of marriages repealed. Id. s. 1, p. 146 general registry office to be provided in London or West- minster. Id. s. 2, p. 146 lord treasurer or lords commissioners of His Majesty's treasury to appoint officers and affix salary. Id. s. 3, p. 146 salaries to be paid out of the consolidated fund. Id. s. 4, p. 146 regulations for conduct of officers to be framed under direction of secretary of state. Id. s. 5, p. 147 annual abstract of registers to be laid before parliament. Id. s. 6, p. 147 districts to be formed and registrars and superintendent registrars to be appointed. Id. s. 7, p. 147 officers of unions, &c., being dismissed by guardians, &c. to cease under this Act. Id. s. 8, p. 148 register offices to be provided in each union. Id. s. 9, p. 148 temporary registrars and superintendant registrars to be appointed for parishes not under the Poor Law Act. Id. s. 10, p. 148 in case of subsequent unions previous appointments to be vacated. Id. s. 11, p. 148 deputy registrars to be appointed. Id. s. 12, p. 149 appointments to be exempt from stamp duties. Id. s. 13, p. 149 INDEX. 257 REGISTRATION— co«/m?/erf. register boxes to be provided. 6 & 7 W. 4, c. 86, Id. s. 14, p. 149 all books, &c., to be transferred on removal of registrar. Id. s. 15, p. 149 registrar and deputy to dwell in the district, and their names and additions to be put on their dwelling houses. Id. s. \6, p. 150 register books to be pi'ovided. Id. s. 17, p. 150 registrars to register births and deaths. Id. s. 18, p. 151 parents or occupiers of houses in which births or deaths happen, and overseers and coroners in cases of foundlings or exposed dead bodies, to give notice to the registrar. Id. s. 19, p. 151 parent or occupier of house required to give particulars of birth so far as known. Id. s. 20, p. 151 registry of children born at sea. Id. s. 21, p. 151 as to registry after the expiration of 42 days from the birth of the child. Id. s. 22, p. 152 births not to be registered after six months. Id. s. 23, p. 152 name given in baptism may be registered within six months after registration of birth. Id. s. 24, p. 153 some person present at death, or occupier of house, re- quired to give particulars of death so far as known. Id. s. 25, p. 153 registrar to make entry of finding of jury upon coroner's inquest. Id. ibid. registry of persons dying at sea. Id. s. 26, p. 153 registrar to give certificate of registiy of death to under- taker, who shall deliver the same to the minister or officiating person. Id. s. 27, p. 154 coroner may order body to be buried, and give certificate thereof. Id. ibid. no dead body to be buried without certificate of register or of inquest — penalty, £10. Id. ibid. register to be signed by the informant. Id. s. registrars to make out accounts quarterly. guardians or overseers to pay registrars. Id. raaiTiage register books to be provided. Id. s. marriage registers to be kept in duplicate. certified copies of registers of births and deaths to be sent quarterly, and the register books when filled, to the superintendent registrar. Id. s. 32, p. 156 duplicates and certified co])ies of registers of marriages to be sent to superintendent registrar. Id. s. 33, p. 15G superintendent registrars to send certified copies of regis- ters to the general register office. Id. s. 34, p. 157 s , 28, p. 154 Id. s. 29, P- 154 p. 155 30, p. 155 Id. s. 31, P- 155 258 INDEX. REGmTRATlON— continued. searches may be made and certificates given by tlie per-» sons keeping the registers. 6 & 7 W. 4, c. 86, Id. s. 35, p. 157 indexes to be made at the superintendent registrar's office, and persons allowed to search them. Id. s. 35, p. 157 indexes to be kept at general register office, searches allowed, and certified copies given. Id. s. 37, p. 158 certified copies given at general registry office to be sealed. Id. s. 38, p. 158 fees for searches in the general register office to be ac- counted for to the exchequer. 4 & 5 W. 4, c. 15. Id. s. 39, p. 158 clergymen, &c. may ask parties married the particulars required. Id. s. 40. p. 158 penalty for wilfully giving false information. Id. s. 41, p. 158 penalty for not duly registering births, deaths, and mar- riages, or for losing or injuring the registers. Id. s. 42, p. 159 penalty for destroying or falsifying register books. Id. ibid. accidental errors may be corrected. Id. s. 44, p. 159 recoveiy of penalties. Id. s. 45, p. 159 appeal. Id. s. 46, p. 160 no certiorari. Id. s. 47, p. 161 correspondence of registrars general relating to this Act to be free of postage. Id. s. 48, p. 161 registers of baptisms and burials may be kept as hereto- fore. Id. s. 49, p. 161 registrar general to furnish notices to guardians of unions, &c., specifying acts required to be done by parties registei'ing. Id. s. 50, p. 161 Schedules to Act. p. 162 SACRILEGE. interpretation of 5 & 6 W. 4, c. 81, p. 3 persons convicted of offences under the same, to be pun- ished at the discretion of the judge, p. 3 SCHOOL ROOMS. an Act to facilitate the conveyance of sites for school rooms. '6 & 7 W. 4, c. 70, p. 62 lords of manors may convey any part of commons or wastes as sites for poor schools. Id. s. 1, p. 63 all persons including those incapacitated by law, may con- vey land for poor schools. Id. s. 2. p. 63 ecclesiastical bodies, corporate or sole, may convey any portion of their lands as sites for poor schools, &c. Id. s. 3, p. 63 INDEX. 259 SCHOOL ROOMS— con/ in ued. provision for school rooms built before passing of this Act. 6 & 7 W. 4, c. 70, s. 4, p. G4 conveyances mav be made, either for a valuable conside- ration, or as a free gift. Id. s. 5, p. 64 land to be conveyed, not to exceed in quantity' half an acre. Id. s. 6, p. 64 SEAMEN. an Act to amend an Act of the fourth and fifth years of His present Majesty, in order to enable certain seamen belonging to Shetland or Orkney to pay cer- tain sums of money, payable under that Act to the seamen's fund at Lerwick in Shetland or Kirkwall in Orkney. 6 W. 4, c. 15, p. 10 deductions authorized by 4 & 5 W. 4 c. 52, out of the w'ages of seamen of the ports of Lerwick and Kirk- wall to be paid to collectors at those ports. Id. s. l,p. 11 masters of merchant ships to make abstracts from their muster rolls of names, &c. of seamen belonging to Lei-wick and Kirkwall, and give a duplicate thereof to the collectors at the said ports. Id. s. 2, p. 12 as to pavment of said deductions when seamen cannot be landed at Lei-wick or Kirkwall. Id, s. 3, p. 12 such seamen entitled to all privileges of recited Act. Id. s. 4, p. 13 this Act to be deemed part of Act 4 & 5 W. 4, c. 52. Id. s. 4, p. 13 TITHES. an Act for commutation of, in England and Wales. 6 &7 W. 4, c. 71. p. 65 appointment of commissioners. Id. s. 1, p. 65 .stvle of commissioners. Id. s. 2, p. 65 to have a common seal. Id. ibid. awards, &.c. purporting to be sealed with such seal to be received as evidence. Id. ibid. commissioners to report to secretary of state. Id. s. 3, p. 65 annual report to be laid before parliament. Id. ibid. power to appoint assistant commissioners, secretary, as- sistant secretary, &c. Id. s. 4, p. 66 limiting the number of appointments. Id. ibid. commissioners not to sit in the House of Commons. Id. s. 5, p. 66 operation of Acts £us to appointment of commissioners, &c. limited to five years. Id. s. 6, p. 66 salaries of, and allowances to, commissioners and assistant commissioners, secretary and other officers. Id, s. 7, p. 66 s 2 260 INDEX, TITHES— continued. sucli salaries, allowances and other expenses, how to be paid. 6 & 7 W. 4, c. 7.1, Id. s. 8, p. 67 commissioners and assistant commissioners to take an oath. Id. s. 9, p. 67 form of oath. Id. ibid. notification of appointment to be published in the gazette. Id. ibid. commissioners or assistant commissioners may summon and examine witnesses. Id. s. 10. p. 67 commissioners may delegate powers to assistant commis- sioners, except the powers to be exercised under their seal. Id. s. 11, p. 67 meaning of the words, " pei'sons," " lands," " tithes," " paz'ish," " parochial," " land owner," " tythe owner," as used in this Act. Id. s. 12, p. 68 where parties to be deemed joint owners. Id. s. 12, p. 69 when the ownership of lands or tithes, or patronage is vested in the crown, who shall be deemed the owner or patron. Id. s. 13, p. 69 when the same person is owner of lands and owner of tithes, he may be dealt with in both characters. Id. s. 14, p. 69 in case the patron or owner is under legal liability, who to act. Id. s, 15, p. 69 acts may be done by agents duly authorized. Id. s. 16, p. 70 power of attorney. Id. ibid. parochial meetings may be called, at which owners of two-thirds in value mav agree on the sum to be paid to the tithe owners, which agreement shall bind the whole parish. Id. s. 17, p. 70 provisional agreements may be made at the parochial meeting. Id. s. 18, p. 71 proportional interest in lands and tithes how to be esti- mated for the purposes of this Act. Id. s. 19. p. 71 meeting may be adjourned. Id. s. 20, p. 71 form of parochial agreement. Id. s. 21. p. 72 commissioners to frame and circulate forms of agreements, &c. Id. s. 22, p. 72 commissioner or assistant commissioner may attend to advise terms of agreement. Id. s. 23, p. 73 suits and differences mav be referred to arbitration. Id. s. 24, p. 73 agreements pending at the time of the passing of this Act, if completed and confirmed by the commissioners, to be as valid as parochial agreements. Id. s. 25, p. 73 consent of patron to lie given to eveiy agreement for com- mutation of ecclesiastical title. 6 & 7 W. 4, c. 71, Id. s. 26, p. 74 INDEX. 261 TlTRES—conlinued. agreement to be confirmed bv the commissioners. 6&i 7W. 4. c. 71,s. 27, p. 74 agreement to be communicated to bishop of the diocese, previous to its being confirmed. Id. s. 28, p. 74. laud not exceeding twenty acres may be given as commu- tation for tithes. Id. s. 29, p. 75 commissioners to satisfy themselves of the title of such land, &c. /(/. s. 30, p. 75 agreements for giving land to operate as conveyances. Id. s. 31, p. 75 appointment of valuers. Id. s. 32, p. 76 valuers to apportion the rent charge. Id. s. 33, p. 76. valuers may enter on lands for the purpose of valuing tithes. Id. s. 34, p. 77 old plans and sun'evs may be used if the valuers think proper. Id. s. 35, p. 77 after 1st October 1838, commissioners may ascertain total value of tithes in any parish in which no previous agreement has been made. Id. s. 36, p. 77 value of tithes to be calculated upon an average of seven years. Id. s. 37, p. 77 tithes to be valued without deduction on account of pa- rochial and county rates, &c. Id. ibid. commissioners in certain cases mav increase or diminish the sum to be paid for commutation. Id. s. 38, p. 78 special adjudications how to be made. Id. s. 39, p. 79 how the tithes of hops, fniit and garden produce is to be valued. Id. s. 40, p. 79 how the tithe of coppice wood is to be valued. /(/. s. 41, p. 80 provision for the change of culture of hop grounds and market gardens. Id. s. 42, p. 80 provisions for valuing tithes of lands to which the average of seven years cannot apply. Id. s. 43, p. 81 moduses, &c. how to be allowed for in the award. Id. s. 44, p. 81 commissioners mav hear and determine disputes. Id. s. 45, p. 82 subject to appeal by an issue at lavr. Id. s. 46, p. S2 or by taking the opinion of a court of lav/ thereon. Id. ibid. proceedings not to abate by death of parties. Id. s. 47, p. 84 in case of death of parties before actions, brought, &c. the same to be carried on and defended in their names. Id. s. 48, p. 84 statutes of limitation not to be aft'ected. Id. s. 49, p. 84 commissioners to award total sum to be paid for the tithes ui' the parish. Id. s. 50, 84 262 INDEX. TITHES -continued. commissioners may hear and determine objections to the award. 6 & 7 W. 4, c. 71, s. 51, p. 85 award to be confirmed by commissioners. Id. s. 52, p. 85 commissioners to summon a parochial meeting to appoint valuers. Id. s. 53, p. 85 if valuation not completed in six months, commissioners to apportion. Id. s. 54, p. 86 form of apportionment. Id. s. 55, p. 86 comptroller of corn returns to publish average price of corn. Id. s. 56, p. 86 rent charges to be valued according to the average price of corn. Id. s. 57, p. 87 rent charge may be specially apportioned. Id. s. 58, p. 88 commissioners may employ sui'veyors. Id. s. 59, p. 87 commissioners to have the power of valuers as to entry in lands, &c. Id. ibid. apportionment to be signed by the person making it, and sent with the plan to the commissioners. Id. s. 60, p. 88 commissioners may hear and determine objections to apportionment. Id. s. 61, p. 88 owners of land chargeable with rent charge, may give land instead thereof. Id. s. 62, p. 88 confirmation by the commissioners. Id. s. 63. p. 89 transcript of the award to be sent to the register of the diocese, and to the incumbent and churchwardens. Id. s. 64, p. 89 commissioners may require notice of agreements or awards to be given to reversioner. Id. s. 65, p. 90 agreements, &c. not to be questioned after confirmation. Id. s. 66, p. 90 lands to be discharged from tithes, and rent charge paid in lieu thereof. Id. s. 67, p. 90 payment of rent charge on reclaimed lands to be post- poned, until tithes would have been due. Id. s. 67, p. 91 lands to be free from tithes, when lands are given in lieu thereof. Id. s. 68,]}. 91 rent charge to be liable to parochial and county rates. Id. s. 69,p. 91 how rates and charges are to be recovered. Ms. 70, p. 91 rent charges to be subject to the same incumbrances and incidents as tithe before this Act. Id. s. 71, p. 92 proviso. Id. ibid. apportionment may be altered bv commissioners of land tax, if desired. Id. s. 72, p. 93 expenses of witnesses to be paid under the direction of the commissioners. Id. s. 73, p. 93. INDEX. 263 TITHES— continufd. expenses of making any award to be paid by the land owners and tithe owners, as the commissioners may direct. 6 & 7 W. 4, c. 71, s. 74, p. 94 expenses of apportionment to be borne rateably by the land-owners. Id. s. 75, p. 24 expenses mav be recovered bv warrant of distress. Id. s. 76, p. 94 owners of particular estates may charge the costs on the estate for twenty years. Id. s. 77, p. 94 costs of ecclesiastical tithe owners may be charged on the benefice for twenty years. Id. s. 78, p. 95 if tenants of lands at rack rent dissent from paving rent- charge, the landlord may take the tithes during the tenancy. Id. s. 79, p. 95 tenant paying rent charge to be allowed the same in account with his landlord. Id. s. 80, p. 95. when rent charge is in arrear for twenty-one days after half yearly days of payment, the person entitled thereto, may distrain. Id. s. 81, p. 96 when rent charges are in arrear for forty days after half- yearly days of payinent, and no sufficient distress on the premises, writ to be issued, directing sheriff to summon jury to assess arrears. Id. s. 82, p. 96 account how to be rendered. Id. s. 83, p. 96 for recovery of rent charges from quakers. Id. s. 84, p. 97 powers of distress and entry to extend to all lands within the parish occupied by the owner, under the same landlord or holding. Id. s. 85, p. 97 powers of 4 & 5 \V. 4 to extend to rent-charges under this Act. Id. s. 86, p. 97 provision for the sale of buildings and sites thereof ren- dered useless or unnecessary by the commutation of tithes. Id. s. 87, p. 98 leases of tithes may be surrendered. Id. s. 88, p. t8 tithes due before commutation not to be effected. Id. s. 89, p. 98 Act not to extend to Easter offerings, &c. or to payments instead of tithes in London, or to permanent rent charges, bv custom or Act of Parliament. /(/. s. 90, p. 99 advertisements, contracts, and awards not to be liable to stamp duty. Id. s. 91, p. 99 corrrcspondence of commissioners relating to this Act, to be free of postage. Id. s. 92, p. 99 false evidence to be deemed perjury ; withholding evi- dence a misdemeanour. Id. a. 93, p. 100 264 INDEX. TITHES — continued. limitation of actions against commissioners, assistant commissioners, justices, &c. 6 & 7 W. 4, c. 71, Id. s. 94, p. 100 proceedings under this Act not to be quashed for want of form, nor to be removed by certiorari. Id. s. 95, p. 100 limits of Act. Id. s. 96, p. 101 TURNPIKE ROADS. an Act for continuing, until the first day of June, one thousand eight hundred and thirty-eight, the several Acts for regulating the turnpike roads in Great Bri- tain which will expire with the present or the next session of parliament. 6 & 7 W. 4, c. 62, p. 58 turnpike Acts continued to 1st June, 1838. Id. s. 1, p. 58 Act not to extend to 54 G. 3, c. 16. Id. s. 2, p. 58 VOTERS. See Tit. Reform Act. WANDSWORTH. an Act to render valid certain marriages solemnized in a chapel of ease in the parish of Wandsworth, in the countv of Surrey, called St. Ann's Chapel. 6 W. 4, c. 24, p. 20 marriages already solemnized in St. Ann's chapel, Wands- worth, declared to be valid. Id. s. 1, p. 21 ministers solemnizing such marriages, &c. not to be liable to penalties. Id. s. 2, p. 21 registers to be evidencce. Id. s. 3, p. 21 this Act not to authorize future marriages in the chapel. Id. s. 4, p. 21 WOODS AND FORESTS. an Act to enable the commissioners of his Majesty's woods, forests, land revenues, works and buildings to make and maintain a road from the church in the parish of Sunk Island to the town of Ottringham in the east riding of the countv of York. 6 & 7 W. 4. c. 91, p. 173 authorizing formation of road. Id. s. 1, p. 174 trustees. Id. s. 2, p. 174 power to appoint additional trustees Id. s. 3, p. 1 74 meetings of trustees. Id. s. 4, p. 174 power to make the roads, &c. Id. s. 5, p. 175 map of road and book of reference deposited with the clerk of the peace, to remain there, and be open to inspection. Id. s. 6, p. 175 certified copies thereof to be evidence limiting deviations. Id. ibid. houses, &c. not to be taken without consent, unless men- tioned in the schedule. Id. s. 7, p. 176 INDEX. 265 WOODS AND FORF.STS— continued. unintentional errors remedied. 6 & 7 W. 4, c. 71, s. 8, p. 176 limiting the time for the purchase of pronertv. Id. s. 9, p. 176 the freehold and inheritance to remain and be vested in the persons of whom they are purchased. Id. s. 10, p. 177 the right of wav to cease when lands are not wanted. Id. s. 11, p. 177 the trustees to have the same powers of cutting the lands taken by them as if they had purchased the fee sim - pie. Id. s. 12, p. 177 toll-houses mav be erected. Id. s. 13, p. 177 tolls. Id. s. 14, p. 177 fractions of one halfpenny in tolls. Id. s. 15, p. 178 restriction on exemption. Id. s. 16, p. 178 horses, &c. for which tolls have been once paid, to repass toll-free on the same day. Id. s. 17, p. 178 unless drawing a different waggon or carriage. Id. ibid. stage coaches to pay each time of passing. Id. s. 18, p. 179 post chaises to pay on each new hiring. Id. s. 19, p. 179 only one toll to be paid at the several gates on the same day. Id. s. 20, p. 179 steam carriages to pay every time of passing. Id. s. 21, p. 179 commissioners of woods may advance money to defray the expenses of this Act, &c. Id. s. 22, p. 179 exchequer loan commissioners, under 1 & 2 W. 4, c. 24, may advance money in exchequer bills for the pur- poses of this Act, &c. Id. s. 23, p. 180 security to be taken for repayment of the exchequer bills. Id. s. 24, p. 180 application of tolls. Id. s. 25, p. 181 rule for the construction of certain expressions in this Act. Id. s. 26, p. 181 term of Act. Id. s. 27, p. 181 schedule, p. 182 YORK. an Act for extinguishing the secular jurisdiction of the archbishop of York and the bishop of Ely in certain liberties in the counties of York, Nottingham, and Cambridge. 6 & 7 VV. 4, c. 87, p. 164 secular jurisdiction of archbishop of York in the places herein mentioned to cease. Id. s. 1, p. 164 towns, &c. over which his jurisdiction extended to enjoy their privileges as heretofore. Id. s. 2, p. 164 justices of peace for Southwell. Id. s. 3, p. 164 secular jurisdiction of bishop of Ely to cease. Id. s. 4, p. 164 county rales of Ripun and Isle of Ely. Id. s. o, p. 165 266 INDKX. YORK — continued. custos rotulorum of wyst riding and of Nottinghamshire. 6 & 7 W. 4, c. 87, s. 6, p. 165 custos rotulorum of Ely. Id. s. 7, p. 165 assizes, &c. for Ely to be held under 3 & 4 W. 4, c. 71. Id. s. 8, p. 165 quarter sessions of Isle of Ely. Id. s. 9, p. 165 clerks of the peace. Id. s. 10, p. 165 coroner for Ripon. Id. ibid. who shall be qualified to serve on juries in Ripon. Id. s. 11. p. 166 chief bailiff of the Isle of Ely. Id. s. 12, p. 166 gaol at Ely abolished, and prisoners confined in Cam- bridge gaol. Id. s. 13, p. 166 houses of correction and their keepers to remain. Id. s. 14, p. 167 regulations respecting juries in Ely. /(/. s. 15, p. 167 present coroners of Ely continued, and future vacancies provided for. Id. s. 16, p. 167 compensation to persons affected by the provisions of the Act. Id. s. 17, p. 167 restrictions as to compensations. Id. s. 18, p. 168 reservation of patent fees to patentees for life. Id. s. 19, p. 168 reservation of all profits to the sees. Id. s. 20, p. 168 the bishop of Ely to take and hold subject to future pro- visions. Id. s. 21, p. 168 chief justice of Ely to act under commission of assize, &c. already issued. Id. s. 22, p. 168 Works recently Published by SHAW & SONS, 137 & 138, FETTER-LANE, FLEET-STREET, LONDON, Publishers of the Poor Law Union Books. THE OVERSEER'S GUIDE AND ASSISTANT, con- taining a Summary of the Duties of an Overseer, in single Parishes and Unions of Parishes. By Henry Pearson, Esq. of the Middle Temple, Special Pleader. 3s. THE ACT FOR THE COMMUTATION OF TITHES IN ENGLAND AND WALES, 6 & 7 Wm. IV. cap. 71, with Notes and a copious Index. To which are added, a Popular Outline of the Act. By J. L. JeUicoe, Esq. Soli- citor. 2s. 6d. 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