Page images
PDF
EPUB

Allowances to be received and taken by the several Officers of the said Court, and from Time to Time to alter and vary the same as may to them appear just and reasonable, which said Table of Fees and Allowances shall be hung up in the Court of Sessions, and a Copy thereof transmitted to the Clerks of the Peace of the said Counties of Middlesex, Essex, Kent, and Surrey; or it shall be lawful for the said Justices and Judges to ascertain, make, and settle a Salary in lieu of such Fees and Allowances, to be paid to the said Officers or either of them for the Performance of their respective Duties, as to the said Justices and Judges of Oyer and Terminer and Gaol Delivery shall seem reasonable and just, and to order and direct how and in what Manner and by whom such Fees and Allowances or Salary shal be paid, and also to order and direct such Portion as they shall think fit of the Expence of preparing Calendars and Sessions Papers, and of other Expences incident to this Act, to be borne and paid by the Treasurer of each of the said Counties, and such Portion shall be paid by such Treasurers accordingly: Provided nevertheless, that the County of Middlesex shall not be liable to any Portion of the Expence of preparing Calendars or Sessions Papers, or of any other Expences incident to this Act, to which the said County would not have been liable in

case this Act had not been passed. Sessions of the XXI. Provided nevertheless, and be it further enacted, That Peace not to be nothing herein contained shall hinder or prevent, or shall be affected by the construed to hinder or prevent, the Justices of the Peace for Sessions holden the said Cities of London and Westminster, the Liberty of the in pursuance of

Tower of London, the Borough of Southwark, and the said Counties of Middlesex, Essex, Kent, and Surrey, from holding their respective General or Quarter Sessions of the Peace in their respective Jurisdictions during the Sitting of the said Court of Oyer and Terminer and Gaol Delivery to be held in pursuance of this Act; and that neither this Act, nor the Commissions of Oyer and Terminer and Gaol Delivery from Time to Time to be issued under the Authority of this Act, shall supersede, interfere with, or affect any other Commission or Commissions of Oyer and Terminer to be at any Time issued by His said Majesty, His Heirs and Successors, in the said Counties of Essex, Kent, and Surrey, or the Jurisdiction by virtue thereof, nor hinder or prevent the Justices of Over and Terminer to be from Time to Time appointed by any Commission to be issued under the Authority of this Act from holding their respective Sessions at one and the same Time, it being the true Intent and Meaning of this Act that the Justices to be named and appointed in and by any other Commissions of Oyer and Terminer and Gaol Delivery to be hereafter issued in the said Counties of Esser, Kent, and Surrey shall have the like Power and Jurisdiction to inquire of, hear, and determine all Offences by virtue of such Commissions which they would have had if this Act had not been made : Provided nevertheless, that they shall not be required or obliged to inquire of, hear, and determine, or to deliver the respective Gaols or Prisons of the same last-mentioned Counties of any Person or Persons whose Offence or Offences is, are, can or may

this Act.

be mitted on the

be inquired of, dealt with, tried, and determined under and by virtue of the Commissions of Oyer and Terminer and Gaol Delivery to be from Time to Time issued under the Authority of this Act.

XXII.' And whereas it is expedient that Persons charged Authorizing ' with certain Offences committed on the High Seas and other Court to try

Offences com• Places within the Jurisdiction of the Admiralty of England • should speedily be brought to Trial ;' be it therefore enacted

High Seas. by and with the Authority aforesaid, That it shall and may be lawful for the Justices and Judges of Oyer and Terminer and Gaol Delivery to be named in and appointed by the Commissions to be issued under the Authority of this Act, or any Two or more of them, to inquire of, hear, and determine any Offence or Offences committed or alleged to have been committed on the High Seas, and other Places within the Jurisdiction of the Admiralty of England, and to deliver the Gaol of Newgate of any Person or Persons committed to or detained therein for any Offence or Offences alleged to have been done and committed upon the High Seas aforesaid within the Jurisdiction of the Admiralty of England; and all Indictments found and Trials and other Proceedings had and taken by and before the said Justices and Judges of Oyer and Terminer and Gaol Delivery shall be valid and effectual to all Intents and Purposes whatsoever; and that it shall and may be lawful for any Three of the said Justices and Judges of Oyer and Terminer and Gaol Delivery to order and direct the Payment of the Costs and Expences of such Prosecutions in manner prescribed and directed by the before recited Act of the Seventh of George the Fourth.

XXIII. Provided always, and be it further enacted, That Saving the nothing in this Act contained shall extend or be construed to Rights and extend to prejudice or affect the Rights, Interests, Privileges, Privileges of

London. Franchises, or Authorities of the Lord Mayor, Aldermen, and Recorder of the City of London, or their Successors, the Sheriffs of the City of London and County of Middlesex, for the Time being, or to prohibit, defeat, alter, or diminish any Power, Authority, or Jurisdiction which at the Time of making this Act the said Lord Mayor, Aldermen, and Recorder, for the Time being,of the said City, did or might lawfully use or exercise; and that, notwithstanding any Practice or Custom of the said City of London to the contrary, it shall be lawful for the Lord Mayor's Court of the City of London to sit on any Day on which any Session of the Peace, Oyer and Terminer and Gaol Delivery shall be held within the said City; and that all Proceedings of the said Lord Mayor's Court that could or might have been had or taken if such Sessions were not held shall and may be had and taken, any Practice, Custom, or Law to the contrary notwithstanding

XXIV. And be it further enacted, That this Act shall com- Commencemence and take effect from and after the Thirty-first Day of ment of Act. October One thousand eight hundred and thirty-four.

XXV. And be it further enacted, That this Act may be amended Act may be or altered by any Act to be passed in this present Session of alterd ibis

Session. Parliament.

I 3

XXVI. And

Public Act.

XXVI. And be it 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, without being specially pleaded.

[ocr errors]

6

e. viii.

6

6

CA P. XXXVII.
An Act to prohibit any further Lotteries under an Act

passed in the First and Second Years of the Reign of His
present Majesty, for the Improvement of Glasgow.

[25th July 1934.] WHEREAS an Act passed in the First and Second Years 1 & 2 W. 4.

of the Reign of His present Majesty, intituled An Act to amend certain Acts passed in the Reign of His late Majesty

King George the Fourth, for opening a Street from the Cross of Glasgow to Monteith Row: And whereas Lotteries have been • drawn, and advertised to be drawn, under colour of the said • recited Act, called Glasgow Lotteries : And whereas it is ex

pedient to prohibit the drawing of any further or other Lottery • after the Lottery announced and advertised to be drawn as a • Third and final Glasgow Lottery in July in this Year:' May it therefore please Your Majesty tliat 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 Any further Authority of the same. That from and after the passing of this Addition to the Act any further Addition to the Number of Tickets comprised Lottery ad.

in the Scheme of the Lottery already announced and advertised vertised to be drawn in July

as a Lottery to be drawn in July in the present Year, called in the present

the Third Glasgow Lottery, and any further Continuance of Year, or any

Lotteries under colour of any Authority in the said recited Act, further Conuiand any further or other Lottery in addition to the said Third nuance of such

Lottery so announced and advertised as aforesaid, shall be and Lotteries, declared illegal.

is hereby prohibited and declared to be illegal ; and all Persons in any Manner engaged therein, or who shall sell any additional Ticket or Tickets, or Chance or Chances, or Share or Shares, beyond or in addition to those in the Scheme announced for drawing in July in this Year, or in any such other or further Lottery, or who shall publish any Proposal or Scheme for the Sale of any Ticket or Tickets, Chance or Chances, Share or Shares in any such further or other Lottery, shall be and are hereby declared to be subject to all the Punishments, Penalties, and forfeitures now in force for the Suppression of illegal Lotteries ; any thing in the said recited Act to the contrary

notwithstanding. Nothing herein

II. Provided always, and be it further enacted, That nothing to legalize any herein contained shall be construed to legalize any Act, Matter, Act already

or Thing which has already been done or may hereafter be done under

done under colour of the said recited Act, and which would not colour of (he recited Act.

have been legal if this Act had not been passed, nor to render illegal any Act, Matter, or Thing which would have been legal if this Act had not been passed, save and except what is herein expressly enacted or declared to be illegal.

CA P.

this Act.

CA P. XXXVIII.
An Act to continue, under certain Modifications, to the

First Day of August One thousand eight hundred and
thirty-five, an Act of the Third Year of His present
Majesty, for the more effectual Suppression of local Dis-
turbances and dangerous Associations in Ireland.

[30th July 1834.] WI

HEREAS an Act was passed in the Third Year of His

present Majesty, intituled An Act for the more effectual 3 W. 4. c. 4. Suppression of local Disturbances and dangerous Associations in * Ireland, which said recited Act was to continue in force until * the First Day of August One thousand eight hundred and

thirty-four: And whereas it is expedient that the said recited * Act should, under certain Modifications, be further continued * for One Year:' 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 Recited Act the said recited Act, except such Parts thereof as are hereby further contirepealed, shall be and the same is hereby further continued nued, except

as repealed by and shall be in force until the First Day of August One thousand eight hundred and thirty-five.

II. · And whereas the said recited Act contains certain Enact. Certain Clauses éments and Provisions to authorize the Lord Lieutenant or other in recited Act · Chief Governor or Governors of Ireland to prohibit or suppress Suppression of * the meeting of any Association, Assembly, or Body of Persons Meetings and 'in Ireland, which he or they shall deem to be dangerous to to the holding * the Public Peace or Safety, or inconsistent with the due Ad- of Courts Mar' ministration of the Law, and to prohibit any adjourned, renewed, tial repealed,

or otherwise continued Meeting of the same, or any Part 'thereof, and touching the Suppression and Dispersion of any

such Meeting, and the Punishment of Persons present thereat, " and certain other Enactments and Provisions to authorize the · holding of Courts Martial, and for constituting and appointing

such Courts Martial, and for the Trial of certain Persons * before such Courts Martial, and for regulating the Proceed

ings of such Courts Martial, and for carrying into execution 'the Sentences of such Courts Martial: And whereas it is ex'pedient that all such Enactments and Provisions in the said ' recited Act should be repealed ;' be it further enacted, That all such Enactments and Provisions in the said recited Act be and the same are hereby repealed.

III. And be it further enacted, That when any Lord Lieute- Publication of nant of a County, County of a City, or County of a Town shall Proclamation receive any Proclamation of the Lord Lieutenant or other Chief revoking a Governor or Governors of Ireland revoking any Proclamation former Procla,

ination in whole issued in pursuance of this Act as to the Whole or any Part

or in part. of the District thereby proclaimed, such Lord Lieutenant of a County, County of a City, or County of a Town, shall forthwith cause a Copy of such new Proclamation to be affixed on some conspicuous Place within the proclaimed District, and thereupon the original Proclamation mentioned therein shall stand and be revoked so far as the said new Proclamation shall purport to revoke the same. I 4

СА Р.

[ocr errors]
[ocr errors]

6

CA P. XXXIX.
An Act to give Costs in Actions of Quare impedit.

(30th July 1834.] :WH

HEREAS the Delay and Expence of recovering Advow

sons, and the Rights of Patronage and Presentation to • Ecclesiastical Benefices, by Actions of Quare impedit, are much • increased by reason of the Defendants in such Actions not • being liable for the Payment of Costs, and the true Patrons

are thereby frequently deterred from the Prosecution of their * just Rights; and it is also expedient to afford further Protection . to Incumbents of Advowsons from vexatious and unfounded • Proceedings to disturb them in the Enjoyment thereof :' 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 Costs may be Authority of the same, That in all Writs and Actions of Quare recovered in

impedit issued or brought from and after the passing of this Actions of Quare impedit.

Act in Enyland, Wales, or Ireland, where a Verdict shall pass or be given for the Plaintiff or Plaintiffs in any such Writ or Action, the Plaintiff or Plaintiffs in every such Writ or Action, in addition to the Damages to which he or they is or are by Law now entitled, shall also have Judgment to recover his or their full Costs and Charges against the Defendant or Defendants therein, to be assessed, taxed, and levied in such Manner and Form as

Costs in personal Actions are now by Law assessed, taxed, and If Plaintiff is levied ; and where in any such Writ or Action the Plaintiff or nunsuited, &c.

Plaintiffs therein shall discontinue, or be nonsuited, or a Verdict Defendant to have Judgment.

shall be had against him or them, that then the Defendant or Defendants in

every

such Writ or Action shall have Judgment to recover his or their full Costs and Charges against the Plaintiff

or Plaintiffs therein, to be assessed, taxed, and levied in manner Exception. aforesaid : Provided always, that no Judgment for Costs shall be

had against any Archbishop, Bishop, or other Ecclesiastical Patron or Incumbent, if the Judge who shall try the Cause, or if there shall be no Trial by a Jury, the Court in which Judgment shall be given, shall certify that such Archbishop, Bishop, or other Ecclesiastical Patron or Incumbent had probable Cause for defending such Action; but in no Case when the Defence to any such Action shall be grounded upon a Presentation or Presentations, Collation or Collations previously made to any Benefice, shall such Presentation or Presentations, Collation or Collations, be deemed or considered probable Cause for defending such Action.

CAP. XL.
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. [30th July 1834.]
W!
WHEREAS it is expedient to alter and amend an Act

made in the Tenth Year of the Reign of His late Majesty King George the Fourth, intituled An Act to consolidate and amend the Laws relating to Friendly Societies :' Be it therefore enacted by the King's most Excellent Majesty, by and

[ocr errors]

10 G. 4. c. 56.

« PreviousContinue »