off the roll, and shall mark the rule or order as having been entered:

And whereas it is expedient that where application is intended to be made by any third person to strike the name of any attorney or solicitor off the roll of attorneys or solicitors of any court notice of the intended application be given to the regis. trar, and that such power as is in this Act in that behalf contained be conferred upon the registrar in respect thereof:

Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. Short title.-This Act may be cited as "The Attorneys and Solicitors Act, 1874."

2. Extent of Act.-This Act shall extend only to England and Wales.

3. Interpretation.-All words and expressions to which, by the Act of 1860, meanings are assigned shall have in this Act the same respective meanings.

4. Exceptions from recited enactment.-The recited enactment (section ten) of the Act of 1860 shall not henceforth apply to cases in which any person bound by articles as therein mentioned shall before or after he enters upon the office, or engages in the employment, have applied for and obtained— (a.) The consent thereto in writing of the attorney or solicitor to whom he is bound; and

(b.) The sanction thereto of one of the judges of one of the superior courts of law at Westminster, or the Master of the Rolls, or one of the judges of the High Court of Justice, to be evidenced by an order of such judge: Provided that this section shall apply to the case of any person bound by articles expiring after or not more than two years before the passing of this Act who shall have held any office or been engaged in any employment during the service under such articles before or after the passing of this Act, and who within one year after the passing of this Act, or within one year after the expiration of his articles, shall prove, by an affidavit from the attorney or solicitor to whom he is bound, or by such other evidence as shall be satisfactory to such judge, that the holding of such office, or being engaged in such employ. ment, was with the consent of the attorney or solicitor to whom he was or is bound, and has not interfered with due service under such articles, and the judge hearing such application shall have power to make any order which he shall think fit as to the service by the person so bound as aforesaid for the remainder of the term of service of his articles, or any part thereof, after the acceptance of such office, or as to the passing of any examination.

Provided that not less than fourteen days before any such application to a judge is made notice in writing of the application shall be given to the registrar, which notice shall state the names and residences of the applicant, and of the attorney or solicitor to whom he is bound, and the nature of the office or employment, and the time it is expected to occupy. 5. Judge may attach conditions to order.--Any such judge making any such order may in and by the order impose on the applicant such terms and conditions touching the office or engagement and his employment therein as such judge thinks fit. 6. Proof of compliance with conditions. Where any terms or conditions shall be so imposed, and the person authorised by the order shall accept the office, or engage in the employment, he shall, before being admitted an attorney or solicitor, prove to the satisfaction of a judge of one of the superior courts of law at Westminster, or the Master of the Rolls, or one of the judges of the High Court of Justice, and of the examiners for the time being appointed under the provisions of the Act of 1860, or of any Act amending the same, to examine persons applying to be admitted as attorneys and solicitors, that he has duly

observed and fulfilled those terms and conditions.

7. Notice to be given to registrar of applications to strike names of attorneys or solicitors off the Roll.-Where application is intended to be made to any court for an order or rule to strike the name of any attorney or solicitor (not being an attorney or solicitor making the application) off the roll of attorneys or solicitors of such court, or for an order or rule to compel him to answer the matters of an affidavit, notice in

writing shall be given to the registrar of such intended appli. cation fourteen clear days at the least before such application shall be made.

8. Copies of affidavits to accompany notice.-Copies of all affidavits intended to be used in support of such application shall be delivered to the registrar with the notice.

9. Court not to entertain application except on proof of notice, &c.-The court shall not entertain any such application, except upon production of an affidavit proving that the notice required by this Act has been duly given, and that copies of all such affidavits have been duly delivered to the registrar.

10. Registrar may appear on application, &c.-The registrar may appear by counsel upon the hearing of any such application, and upon any other proceedings arising out of or in reference to the application, and may apply to the court to make absolute any rule nisi which may have been granted by the court in the matter of such application, or to make an order that the name of the attorney or solicitor be struck off the roll of attorneys or solicitors of the said court, or as the case may be, to order the attorney or solicitor to answer the matters of the affidavit, or such other order as to the court may seem fit; and it shall be lawful for the court to order the costs, charges, and expenses of the registrar of or relating to any of the matters aforesaid, to be paid by the attorney or solicitor against whom any such application is made or was intended to be made, or by the person by or on whose behalf the application is made or was intended to be made, or partly by the one and partly by the other of them.

11. Registrar may draw up rules and orders not drawn up by applicants.-Where any court or any judge of any court shall, upon motion, have ordered or directed a rule (whether nisi or absolute) or order to be drawn up for striking the name of any attorney or solicitor off the roll of attorneys or solicitors of such court, or for compelling an attorney or solicitor to answer the matters of an affidavit, and such rule shall not have been drawn up by or on behalf of the person applying for the same within one week after the order or direction for

drawing up the same shall have been made or given, it shall be lawful for the registrar to cause the rule or order to be drawn up, and all future proceedings thereupon shall be had and taken as if the application for the rule or order had in the first instance been made to the court by the registrar.

12. Penalty for wrongfully acting as attorney or solicitor.Any person who wilfully and falsely pretends to be or takes or uses any name, title, addition, or description implying that he is duly qualified to act as an attorney or solicitor, or that he is recognised by law as so qualified, shall be guilty of an offence under this Act, and be liable to a penalty not exceeding the sum of ten pounds for each such offence.

No costs recoverable by disqualified attorney or solicitor.No costs, fee, reward, or disbursement on account of or in relation to any act or proceeding done or taken by any person who acts as an attorney or solicitor, without being duly qualified so to act, shall be recoverable in any action, suit, or matter by any person or persons whomsoever.

Who to be deemed qualified.-For the purposes of this section, a person shall be deemed to be duly qualified to act as an attorney or solicitor if he shall have in force at the time at which he acts as an attorney or solicitor a duly stamped certificate authorising him so to do, pursuant to the provisions of the Stamp Laws and the laws for the time being relating to attorneys and solicitors, or shall have been appointed to be Solicitor of the Treasury, Customs, Inland Revenue, Post Office, or any other branch of Her Majesty's Revenues, or of any public department, including the department of the Ecclesiastical Commissioners, and of the Governors of Queen Anne's Bounty, or if he be a clerk or officer appointed to act for the solicitor for any public department as herein

before described.

Offences may be prosecuted before a court of summary jurisdiction.-Any offence under this Act may be prosecuted before a court of summary jurisdiction, in manner provided by the Summary Jurisdiction Acts: Provided always, that the court of summary jurisdiction, when hearing, trying, determining, and adjudging an information or complaint in respect of an offence under this Act, shall be constituted either of two or more

justices of the peace in petty sessions, or of some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace.

37 & 38 VICT. CAP. 69.

An Act to amend the Laws relating to the Sale and Consumption of Intoxicating Liquors in Ireland.—[7th August, 1874.]

37 & 38 VICT. CAP. 70.

EXPIRING LAWS CONTINUANCE ACT.

37 & 38 VICT. CAP. 76.

An Act to continue various expiring Laws.- [7th August, 1874.] Whereas the several Acts mentioned in column one of the schedule to this Act are, to the extent specified in column two of that schedule, limited to expire at the times specified in respect thereof in column four of the said schedule:

And whereas it is expedient to provide for the continuance iu this Act mentioned of such Acts, and of the enactmenta amending the same:

Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and tem

37 & 38 VICT. CAP. 71.

An Act to authorise "The Lough Corrib Navigation Trustees" to dispose of part of the Navigation in the district of Lough Corrib, Mask, and Curra.-[7th August, 1874.]

37 & 38 VICT. CAP. 72.

An Act to explain and amend the Fines Act (Ireland), 1851, and for other Purposes relating thereto.-[7th August, 1874.]

37 & 38 VICT. CAP. 73.

An Act to amend the Law relating to the Payment to and Repayment by the Commissioners for the Reduction of the National Debt of Moneys received in and to the Accounts relating to the Post Office Savings Bank.-[7th August, 1874.]

37 & 38 VICT. CAP. 74.

An Act to amend the Law respecting certain Receipts and Expenses connected with private Lunatic Asylums in Ireland.—[7th August, 1874.]

VACCINATION ACT, 1871, AMENDMENT ACT. 37 & 38 VICT. CAP. 75.

An Act to explain the Vaccination Act, 1871.-[7th August, 1874.] 34 & 35 Vict. c. 98, s. 5.-Whereas by section five of the Vaccination Act, 1871, it is enacted, amongst other things, that, subject to the provisions of that Act, the Local Government Board shall have the same powers with respect to guardians and vaccination officers in matters relating to vaccination as they have with respect to guardians and officers of guardians in matters relating to the relief of the poor, and may make rules, orders, and regulations accordingly:

And whereas doubts are entertained whether the Local Government Board are empowered under the said Act to make rules, orders, and regulations with respect to the proceedings to be taken by the guardians or their officers for the enforcement of the provisions of the Vaccination Acts, 1867 and 1871:

Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :

1. Rules under 34 & 35 Vict. c. 98, to extend to proceedings and expenses.-The powers conferred by the said recited section shall be deemed to extend to and include the making of rules, orders, and regulations prescribing the duties of guardians and their officers in relation to the institution and conduct of the proceedings to be taken for enforcing the provisions of the said Acts, and the payment of the costs and expenses relating thereto, and rules, orders, and regulations under this Act shall be deemed to be made under the said section.

2. Short title.-This Act may be cited as "The Vaccination Act, 1874."

and by the authority of the same, as follows:

1. Short title.-This Act may be cited as the "Expiring Laws Continuance Act, 1874."

2. Continuance of Acts in schedule.-The Acts mentioned in column one of the schedule to this Act, in so far as they

are temporary in their duration, shall, to the extent in colum two of the said schedule mentioned, be continued until the thirty-first day of December one thousand eight hundred and seventy-five, and any enactments in column three of the said schedule mentioned amending or affecting the enactments continued by this Act shall, in so far as they are temporary in their duration, be continued in like manner.

ACT.

37 & 38 VICT. CAP. 78.

An Act to amend the Law of Vendor and Purchaser, and further to simplify Title to Land.-[7th August, 1874.] Whereas it is expedient to facilitate the transfer of land by means of certain amendments in the law of vendor and pur. chaser.

Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Forty years substituted for sixty years as the root of title. In the completion of any contract of sale of land made after the thirty-first day of December one thousand eight hundred and seventy-four, and subject to any stipulation to the contrary in the contract, forty years shall be substituted as the period of commencement of title which a purchaser may require in place of sixty years, the present period of such commencement; nevertheless earlier title than forty years may be required in cases similar to those in which earlier title than sixty years may now be required.

2. Rules for regulating obligations and rights of vendor and purchaser. In the completion of any such contract as aforesaid, and subject to any stipulation to the contrary in the contract, the obligations and rights of vendor and purchaser shall be regulated by the following rules; that is to say,

First. Under a contract to grant or assign a term of years, whether derived or to be derived out of a freehold or leasehold estate, the intended lessee or assign shall not be entitled to call for the title to the freehold. Second. Recitals, statements, and descriptions of facts, matters, and parties contained in deeds, instruments, Acts of Parliament, or statutory declarations, twenty years old at the date of the contract, shall, unless and except so far as they shall be proved to be inaccurate, be taken to be sufficient evidence of the truth of such facts, matters, and descriptions.

Third. The inability of the vendor to furnish the purchaser with a legal covenant to produce and furnish copies of documents of title shall not be an objection to title in case the purchaser will, on the completion of the contract, have an equitable right to the production of such documents.

Fourth. Such covenants for production as the purchaser can and shall require shall be furnished at his expense, and the vendor shall bear the expense of perusal and execution on behalf of and by himself, and on behalf of and by necessary parties other than the purchaser. Fifth. Where the vendor retains any part of any estate to

interest in land by reason of such estate, right, or interest being protected by or tacked to any legal or other estate or interest in such land; and full effect shall be given in every court to protection as aforesaid shall claim as a purchaser for valuable this provision, although the person claiming such priority or consideration and without notice: Provided always, that this section shall not take away from any estate, right, title, or interest any priority or protection which but for this section would have been given or allowed thereto as against any estate or interest existing before the commencement of this Act 8. Non-registration of will in Middlesex, &c., cured in certais cases.-Where the will of a testator devising land in Middlese or Yorkshire has not been registered within the period allowed by law in that behalf, an assurance of such land to a purchaser or mortgagee by the devisee or by some one deriving titl under him shall, if registered before, take precedence of and prevail over any assurance from the testator's heir-at-law. 9.-Vendor or purchaser may obtain decision of judge in chambers as to requisitions or objections, or compensation, &c. -A vendor or purchaser of real or leasehold estate in England, or their representatives respectively, may at any time or times and from time to time apply in a summary way to a judge of the Court of Chancery in England in chambers, in respect of any requisitions or objections, or any claim for compensation, or any other question arising out of or connected with the contract (not being a question affecting the existence or validity of the contract), and the judge shall make such order upon the application as to him shall appear just, and shall order how and by whom all or any of the costs of and incident to the applica tion shall be borne and paid.

A vendor or purchaser of real or leasehold estate in Ireland, or their representatives respectively, may in like manner and for the same purpose apply to a judge of the Court of Chancery in Ireland, and the judge shall make such order upon the application as to him shall appear just, and shall order how and by whom all or any of the costs of and incident to the applica tion shall be borne and paid.

10. Extent of Act.-This Act shall not apply to Scotland, and may be cited as the Vendor and Purchaser Act, 1874.

37 & 38 VICT. CAP. 79.

An Act for the better management and regulation of Foyle Colley in the city of Londonderry, and for vesting in the governing body of such college the present schoolhouse and premises belonging to such college, and for vesting the right of appointment of head master of such college in the Bishop of Derry and Raphoe and the Governor of the Honourable the Irish Society.-[7th August 1874.]

37 & 38 VICT. CAP. 80.

retain such documents.

3. Trustees may sell, &c., notwithstanding rules.-Trustees who are either vendors or purchasers may sell or buy without excluding the application of the second section of this Act.

4. Legal personal representative may convey legal estate of mortgaged property.-The legal personal representative of a mortgagee of a freehold estate, or of a copyhold estate to which the mortgagee shall have been admitted, may, on pay. ment of all sums secured by the mortgage, convey or surrender the mortgaged estate, whether the mortgage be in form an assurance subject to redemption, or an assurance upon trust.

-[7th August, 1874.]

An Act to alter and amend the Laws relating to the appointment of Ministers to Parishes in Scotland.-[7th August, 1874.]

SUSPENSION.

37 & 38 VICT. CAP. 83.

An Act for delaying the coming into operation of the Supreme Court of Judicature Act, 1873.—[7th August, 1874.] Whereas it is expedient to extend the time appointed for the commencement of the Supreme Court of Judicature Act, 1873:

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Repeal of 36 & 37 Vict, c. 66. s. 2.-The second section of the Supreme Court of Judicature Act, 1873, is hereby repealed. 2. Commencement of Supreme Court of Judicature Act, 1873. -The Supreme Court of Judicature Act, 1873, except any provisions thereof directed to take effect on the passing of the said Act, shall commence and come into operation on the first day of November one thousand eight hundred and seventy-five, and the said first day of November one thousand eight hundred and seventy-five shall be taken to be the time appointed for the commencement of the said Act.

3. Short title of Act.-This Act may be cited for all purposes as the Supreme Court of Judicature (Commencement) Act, 1874.

37 & 38 VICT. CAP. 84.

An Act to regulate the Incorporation of the Commissioners of her Majesty's Works and Public Buildings, and for other purposes relating thereto.-[7th August, 1874.]

PUBLIC WORSHIP REGULATION ACT.

37 & 38 VICT. CAP. 85.

An Act for the better administration of the Laws respecting the regulation of Public Worship.-[7th August, 1874.] Whereas it is expedient that in certain cases further regulations should be made for the administration of the laws relating to the performance of divine service according to the use of the Church of England.

Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Short title. This Act may be cited as The Public Worship Regulation Act, 1874.

2. Commencement of Act.-This Act shall come into operation on the first day of July one thousand eight hundred and seventy-five, except where expressly hereinafter provided.

3. Extent of Act.-This Act shall extend to that part of the United Kingdom called England, to the Channel Islands, and the Isle of Man.

4. Proceedings under this Act not to be deemed proceedings under 3 & 4 Vict. c. 86. s. 23.-Proceedings taken under this Act shall not be deemed to be such proceedings as are mentioned in the Act of the third and fourth year of the reign of Her Majesty, chapter eighty-six, section twenty-three.

5. Saving of jurisdiction.-Nothing in this Act contained, save as herein expressly provided, shall be construed to affect or repeal any jurisdiction which may now be in force for the due administration of ecclesiastical law.

6. Interpretation of terms.“ Bishop' -"Book of Common Prayer"-" Burial ground"-"Church "—" Diocese "-" Incumbent -" Parish". "Parishioner" “Barrister-at-law" -"Rules and orders."-In this Act the following terms shall, if not inconsistent with the context, be thus interpreted: The term "bishop" means the archbishop or bishop of the diocese in which the church or burial ground is situate to which a representation relates:

The term "Book of Common Prayer" means the book annexed to the Act of the fourteenth year of the reign of King Charles the Second, chapter four, intituled "The Book of Common Prayer, and Administration of the Sacraments, and other rites and ceremonies of the Church, according to the use of the Church of England; together with the Psalter or Psalms of David, pointed as they are to be sung or said in churches; and the form or manner of making, ordaining, and consecrating of bishops, priests, and deacons ;" together with such alterations as have from time to time been or may hereafter be made in the said book by lawful authority:

The term "burial ground" means any churchyard, cemetery, or burial ground, or the part of any cemetery or burial ground, in which, at the burial of any corpse therein, the order for burial of the dead contained in the Book of Common Prayer is directed by law to be used: The term "church means any church, chapel, or place of public worship in which the incumbent is by law or by the terms of licence from the bishop required to conduct divine service according to the Book of Common Prayer: The term "diocese " means the diocese in which the church or burial ground is situate to which a representation relates, and comprehends all places which are situate within the limits of such diocese:

The term "incumbent" means the person or persons in holy orders legally responsible for the due performance of divine service in any church, or of the order for the burial of the dead in any burial ground:

The term "parish" means any parish, ecclesiastical district, chapelry, or place, over which any incumbent has the exclusive cure of souls: The term 66 means a male person of full age parishioner who before making any representation under this Act has transmitted to the bishop under his hand the declaration contained in Schedule (A.) to this Act, and who has, and for one year next before taking any proceeding under this Act has had, his usual place of abode in the parish within which the church or burial ground is situate, or for the use of which the burial ground is legally provided, to which the representation relates:

The term "barrister-at-law" shall in the Isle of Man include advocate:

The term "rules and orders" means the rules and orders framed under the provisions of this Act.

7. Appointment and duties of judge.-The Archbishop of Canterbury and the Archbishop of York may, but subject to the approval of Her Majesty to be signified under her sign manual, appoint from time to time a barrister-at-law who has been in actual practice for ten years, or a person who has been a judge of one of the Superior Courts of Law or Equity, or of any court to which the jurisdiction of any such court has been or may hereafter be transferred by authority of Parliament, to be, during good behaviour, a judge of the provincial courts of Canterbury and York, hereinafter called the judge.

If the said archbishops shall not, within six months after the passing of this Act, or within six months after the occurrence of any vacancy in the office, appoint the said judge, Her Majesty may, by letters patent appoint some person, qualified as aforesaid, to be such judge.

Whensoever a vacancy shall occur in the office of official principal of the Arches Court of Canterbury, the judge shall become ex officio such official principal, and all proceedings thereafter taken before the judge in relation to matters arising within the province of Canterbury shall be deemed to be taken in the Arches Court of Canterbury; and whensoever a vacancy shall occur in the office of official principal or auditor of the Chancery Court of York, the judge shall become ex officio such official principal or auditor, and all proceedings thereafter taken before the judge in relation to matters arising within the province of York shall be deemed to be taken in the Chancery Court of York; and whensoever a vacancy shall occur in the office of master of the faculties to the Archbishop of Canterbury, such judge shall become ex officio such master of the faculties.

Every person appointed to be a judge under this Act shall be a member of the Church of England, and shall, before entering on his office, sign the declaration in Schedule (A.) to this Act; and if at any time any such judge shall cease to be a member of the Church, his office shall thereupon be vacant.

This section shall come into operation immediately after the passing of this Act.

8. Representation by archdeacon, churchwarden, parishioners, or inhabitants of diocese.-If the archdeacon of the archdeaconry, or a churchwarden of the parish, or any three parishioners of the parish, within which archdeaconry or parish any church or burial ground is situate, or for the use of any part of which any burial ground is legally provided, or in case of cathedral or collegiate churches, any three inhabitants of