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towards the Discharge of the next County Rate or Borough Rate assessed upon
such divided Parish or Place, and if not so applied by the Party holding the same shall be recoverable by the Person entitled to receive the same, on Complaint before Two Justices of the Peace of the County having Jurisdiction in that part of the Parish or Place, who shall make an Order for the Payment of the Sum due, to be enforced in like Manner and with the like Consequences as Orders of Justices for the Payment of Money shall be then by Law enforceable.
VII. And be it enacted, That this Act may be amended or Act inay be repealed by any Act to be passed in this Session of Parliament. amended, &c,
[28th July 1849.] WI HEREAS under or by virtue of an Act passed in the Fifth
Year of His late Majesty King George the Third, intituled • An Act to alter certain Rates of Postage, and to amend, 5G. 8. c. 25.
explain, and enlarge several Provisions in an Act made in the ' Ninth Year of the Reign of Queen Anne, and in other Acts, ' relating to the Revenue of the Post Office, and an Act passed • in the First Year of Her present Majesty, intituled An Act for 7 W. 4.& ' the Management of the Post Office, and an Act passed in the 1 Vict. c. 33. · Fourth Year of Her present Majesty, intituled An Act for the 3& 4 Vict. c. 96 • Regulation of the Duties of Postage, and an Act passed in the
Eighth Year of Her present Majesty, intituled An Act for the 7& 8 Vict. c. 49. better Regulation of Colonial Posts, Her Majesty's Postmaster • General has, by himself or his Deputies, the exclusive Privi• lege of establishing Posts, collecting, conveying, and delivering · Letters, and collecting Postage, within Her Majesty's Colonies, • and the Commissioners of Her Majesty's Treasury have Autho
rity from Time to Time to fix the Rates of Postage to be
charged within such Colonies : And whereas the said Postmaster • General and Commissioners of Her Majesty's Treasury re'spectively have, in exercise of such Privilege and Authority,
established Posts and fixed Rates of Postage in certain of such • Colonies : And whereas it is expedient to authorize the Estab, ‘lishment of Posts and Postage Rates in Her Majesty's Colonies ' by the Legislatures of such Colonies:' Be it enacted, therefore, by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall be lawful for the Legislatures or proper Colonial LegisLegislative Authorities of Her Majesty's Colonies, or any of them,
establish Posts, by Acts, Laws, or Ordinances to be from Time to Time for that Purpose made and enacted in the Manner and subject to the Conditions by Law required in respect of Acts, Laws, or Ordinances of such Legislatures or Legislative Authorities, to make such Provisions as such Legislatures or Legislative Authorities may think fit for and concerning the Establishment, Maintenance, and Regulation of Posts or Post Communications within such Colonies respectively, and for charging Rates of Postage for the
Conveyance of Letters by such Posts or Post Communications,
and for appropriating the Revenue to be derived therefrom. Provision as II. Provided always, and be it enacted, That where in any to Colonies in Colony Her Majesty's Postmaster General shall have actually which Posts
Post or Post Communication, and his Powers and have been established by
Privileges in relation to such Post or Post Communication shall the Postmaster not have determined under this Act, no such Act, Law, or OrdiGeneral. nance of the Legislature or Legislative Authority of such Colony
in relation to the Matters aforesaid, or any of them, shall take effect, unless the same shall be assented to by Her Majesty, with the Advice of Her Privy Council, nor until the Time when such Assent shall be proclaimed in the Colony, or such subsequent Time as in the Order of Her Majesty in Council by which the Assent to such Act, Law, or Ordinance may be signified shall
be fixed in this Behalf. After Establish- III. And be it enacted, That where, under the Provision herein ment of Posts contained, the Assent of Her Majesty in Council is required to by Colonial
such Act, Law, or Ordinance, the Rates of Postage charged in Legislature
such Colony under the Acts herein-before referred to, or any Powers of Postmaster
of them, or under any Warrant or Warrants of the Commissioners General, &c. of Her Majesty's Treasury issued in pursuance of such Acts or
any of them, and the Authority of such Commissioners to fix the Rates of Postage to be charged in such Colony, and the Powers and Privileges of Her Majesty's Postmaster General, his Deputies, Servants, and Agents, in relation to the Posts or Post Communications within such Colony, shall, from the Time at which such Act, Law, or Ordinance shall take effect, cease and determine ; and, save as aforesaid, the Authority, Powers, and Privileges aforesaid shall cease and determine upon the passing of such Act, Law, or Ordinance, unless Her Majesty shall think
fit to disallow the same. Act of Colonial IV. Provided always, and be it enacted, That no such Act, Law, Legislature or Ordinance as aforesaid shall affect the Privileges, Powers, or only to extend Authorities of Her Majesty's Postmaster General, his Deputies, to Inland Posts. Servants, or Agents, or the Commissioners of Her Majesty's Trea
sury, otherwise than as respects the Posts or Post Communica: tions within the Limits of the Colony by the Legislature or Legislative Authority of which such Act, Law, or Ordinance shall be made and enacted, and the Rates of Postage to be charged
for the Transmission or Conveyance of Letters within such Limits. Act not to V. Provided also, and be it enacted, That nothing herein conaffect Powers tained shall affect the Provisions of an Act of the Tenth Year of General
of Her Majesty, intituled An Act to make further Provision for Assemblies on the Government of the New Zealand Islands, or of any Act
passed der 9 & 10 Vict. c. 109., or any
or to be passed in the present Session of Parliament, “ for the Act concerning “ better Government of Her Majesty's Australian Colonies,” em the Government powering the General Assemblies to be established or convened of Australian
under such respective Acts to make Laws for regulating the Post Colonies,
Offices within and the Carriage of Letters between the said Islands and Colonies respectively, which should control and supersede any Laws, Statutes, or Ordinances repugnant thereto enacted by the Assemblies of the separate Provinces of the said Islands or by the separate Legislatures of the said Colonies respectively.
VI. And be it enacted, That in this Act the Expression “Her Interpretation Majesty's Colonies" shall be interpreted according to the Meaning of Act. assigned to that Expression by the said Act passed in the Fourth Year of Her present Majesty; and the Term “ Letters shall include Letters and Packets, Newspapers, Pamphlets, and other printed Papers.
VII. And be it enacted, That this Act may be amended or Act may be repealed in the present Session of Parliament.
CAP. LXVII. An Act to extend the Remedies of Sequestrators of Ecclesiastical Benefices.
[28th July 1849.] WI VHEREAS it is expedient to extend the Remedies for the
Recovery of the Profits of sequestered Benefices :' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Sequestrator Act every Sequestrator who shall then have been or who shall enabled to sue thereafter be appointed by a Bishop or other Ordinary, or by in his own any competent Ecclesiastical Court, to levy, collect, gather, or Tithes, Rent, receive the Profits of any Ecclesiastical Benefice, by virtue or &c. due to the in pursuance of any Writ of Fieri facias de bonis ecclesiasticis, Incumbent of Levari facias de bonis ecclesiasticis, Sequestrari facias, or of any the Benefice Sequestration made or issued by Authority of Law, may and is sequestered. hereby authorized and empowered, from Time to Time, to bring and prosecute any Action at Law or Suit in Equity, or levy any Distress, or take any other Proceeding in his own Name as the Sequestrator of such Benefice, without further Description, for the Recovery of any Tithes, Tithe Rent-charge, Tithe Composition or Substitution, Obvention, Pension, Portion, or other Payment for or in the Nature or in lieu of Tithe, or any other Rent or annual Sum, Dues, or Fees payable to the Incumbent of such Benefice, or of any Messuages, Lands, Tenements, or Hereditaments subject to such Sequestration, or of any Rent due or Payment reserved or made payable to the Incumbent of such Benefice under any Lease of or Covenant or Agreement to let any such Messuages, Lands, Tenements, or Hereditaments, Tithes, Tithe Rent-charge, or other Parcel of the Benefice to which the Appointment of such Sequestrator relates : Provided always, that nothing Sequestrator not herein contained shall be construed to empower the Sequestrator to bring or take of any Benefice to bring, prosecute, levy, or take any Action, Actions, except
& Suit, Distress, or other Proceeding by virtue of this Act, except against the Incumbent of such Benefice, which might not lawfully have been brought, prosecuted, levied, or taken by the Incumbent of such Benefice if such Benefice had not been under Sequestration : Provided also, that no Sequestrator appointed under a Sequestrator Sequestration issued at the Suit or Instance of any Creditor may require shall be bound to commence, prosecute, levy, or take any Action, Indemnity from
the Creditor Suit, Distress, or other Proceeding as aforesaid under the Pro
at whose Suit visions of this Act, unless and until Security, to be approved by the Sequestrasuch Sequestrator, shall be given by the Creditor at whose Suit tion shall issue. or Instance such Sequestration shall have been issued, for indem
nifying such Sequestrator and the Bishop or other Ordinary or Ecclesiastical Court from all Costs, Charges, and Expenses incurred or to be incurred in the Commencement, Prosecution, or Conduct of such Action, Suit, or Distress, or other Proceeding to which he or they respectively may become liable in consequence thereof, the Expense of such Security to be deducted or allowed out of any Money to be received by the Creditor by virtue of such
Action, Suit, Distress, or other Proceeding. All Payments
II. And be it enacted, That the Payment or Render to such under the Act Sequestrator lawfully entitled, with or without Suit, by the Party to be deemed thereunto liable, of any such Tithe, Tithe Rent-charge, Tithe Profits of the Composition or Substitution, Rent, Dues, Fees, or Payment, shall Benefice.
effectually discharge the Party making the same from all Liability to the Incumbent of such Benefice in respect thereof, and that such Sequestrator shall and may apply and shall account for the Monies received or arising under or by virtue of any such Render, Payment, or Recovery in like Manner as other Goods and Profits of the Benefice liable to Sequestration : Provided always, that nothing herein contained shall make any Alteration in the Law respecting the Application of the Money received by a Sequestrator, or the Security to be given by him for his duly accounting
for the same. Act may be III. And be it enacted, That this Act may be amended or amended, &c. repealed by any Act to be passed in this Session of Parliament,
CA P. LXVIII.
resident in Foreign Countries. [28th July 1849.] : WHEREAS an Act was passed in the Fourth Year of the
Reign of His late Majesty King George the Fourth, 4G, 4. c. 91. • intituled An Act to relieve His Majesty's Subjects from all
• Doubt concerning the Validity of certain Marriages solemnized • abroad: And whereas the Provisions of the said Act are appli' cable only to the Cases of Marriages solemnized by a Minister
of the Church of England in the Chapel or House of any British • Ambassador or Minister residing within the Country to the • Court of which he is accredited, or in the Chapel belonging to 'any British Factory abroad, or in the House of any British
Subject residing at such Factory, and of Marriages solemnized within the British Lines by any Chaplain or Officer, or other • Person officiating under the Orders of the Commanding Officer • of a British Army serving abroad : And whereas large Num• bers of Her Majesty's Subjects are resident abroad at Places ' where the Provisions of the said Act are not applicable : And
whereas it is expedient to afford greater Facilities for the • Marriage of Her Majesty's Subjects resident abroad?' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, Marriages and by the Authority of the same, That all Marriages (both or solemnized One of the Parties thereto being Subjects or a Subject of this abroad in man. Realm) which from and after the passing of this Act shall be per provided golemnized in the Manner in this Act provided in any Foreign
Country Country or Place where there shall be a British Consul duly by this Act to authorized to act in such Foreign Country or Place under this be valid. Act shall be deemed and held to be as valid in the Law as if the same had been solemnized within Her Majesty's Dominions with a due Observance of all Forms required by Law.
II. And be it enacted, That in every Case of Marriage intended Notice of every to be solemnized under the Provisions of this Act One of the intended Mar. Parties shall give Notice under his or her Hand, in the Form of riage to be
given to Conthe Schedule (A.) to this Act annexed, or to the like Effect, to
sul. the Consul within whose District both the Parties shall have dwelt, not less than One Calendar Month then next preceding, and shall state therein the Name and Surname and the Profession or Condition of each of the said Parties intending Marriage, the Dwelling Place of each of them, and that each of them has dwelt within such District during such One Calendar Month at the least.
III. And be it enacted, That the Consul shall file all such Consul to file Notices, and keep them with the Archives of his Consulate, and Notices, register shall also forthwith enter a true and exact Copy of every such them in a Book, Notice fairly into a Register to be by him kept for that Purpose, Copies in the and shall likewise suspend a like true and exact Copy of every Office of the such Notice in some conspicuous Place in the Office of his Con- Consulate. sulate during Seven successive Days if the Marriage is to be solemnized by Licence, or Twenty-one successive Days if the Marriage is to be solemnized without Licence, before any Marriage shall be solemnized in pursuance of such Notice; and the said Register and suspended Copies shall be open at all reasonable Times, without Fee, to the Inspection of Persons desirous of inspecting the same; and upon the Receipt of every such Notice, and before registering and suspending the same, the Consul shall be entitled to have a Fee of Ten Shillings.
IV. And be it enacted, That any person authorized in that Persons duly Behalf as herein-after mentioned may, at any Time before the authorized may Solemnization of any such intended Marriage, forbid the Solem- forbid the nization of such intended Marriage, by writing the Word “for
of any Marbidden” opposite to the Entry of the Notice of such intended
riage. Marriage in the Register, and by subscribing thereto his or her Name and Place of Abode, and his or her Character in relation to either of the Parties by reason of which he or she is so authorized; and in case the Solemnization of any such intended Marriage shall be so forbidden the Notice shall be void, and such intended Marriage shall not be solemnized under such Notice.
V. And be it enacted, That the like Consent shall be required Like Consent to to any Marriage by Licence under the Provisions of this Act as is any Marriage now required by Law to Marriages solemnized in England by by Licence as Licence; and every Person whose Consent to a Marriage by
is required in Licence is required by Law is hereby authorized to forbid a Mar. England. riage under the Provisions of this Act, whether such Marriage is intended to be by Licence or without Licence.
*VI. And be it enacted, That before any Marriage by Licence Consul may shall be solemnized under this Act both the Parties intending grant Licences Marriage shall appear before the Consul, and each of them shall for Marriage. make Oath, or shall make his or her solemn Affirmation or Declaration instead of an Oath, that he or she believeth that there is not 12 & 13 Vict. Q