THE STATUTES AT LARGE. Anno Regni GULIELMI IV. Britanniarum Regis, A T the Parliament begun and holden at Westminster, the Fourteenth Day of June, Anno Domini 1831, in the First Year of the Reign of our Sovereign Lord WILLIAM the Fourth, by the Grace of God, of the United Kingdom of Great < Britain and Ireland, King, Defender of the Faith: being the First < Session of the Tenth Parliament of the United Kingdom of Great 'Britain and Ireland.' CAP. I. An Act for repealing so much of an Act passed in the "So much of 7 G. 4. c. 58. as enacts that His Majesty, His Heirs 66 CA P. II. An Act to revive and continue expired Commissions, Appointments, Patents, and Grants in Ireland; and to indemnify certain Persons in relation thereto. W [11th July 1831.] HEREAS by an Act passed in the last Session of Parlia ment, intituled An Act to continue for the Term of Six 1W. 4. c.6. Calendar Months all such Commissions, Appointments, Grants, or Patents of Offices or Employments, Civil or Military, as were in 'force at the Time of the Demise of His late Majesty King George the Fourth, and as have not been superseded, determined, or made void during the Reign of His present Majesty, it was enacted that all and every Commissions, Appointments, Patents, and Grants, and Commission, Appointment, Patent, and Grant of any Office or Employment, Civil or Military, in force at the Time of the 'Death or Demise of His late Majesty King George the Fourth, 1 & 2 GUL. IV. B ' and All Commissions, &c. in force in Ireland before the Ex piration of the they were con- All Acts done since the Expiration of the said Commis sions, &c. hereby confirmed, and declared legal. 6 and which had not been or should not be superseded, deter'mined, or made void by His present Majesty King William the Fourth, before the passing of the said Act, should be and continue and remain in full force and virtue for the Space of Six Calendar Months next after the passing of the said Act, unless 'the same should be respectively in the meantime superseded, ⚫ determined, or made void by His present Majesty (whom God long preserve) or His Successors: And whereas divers Com'missions, Appointments, Patents, and Grants of Offices and Employments, Civil and Military, so continued by virtue of the 'said recited Act in force in that Part of the United Kingdom ' of Great Britain and Ireland called Ireland, have not been superseded, determined, or made void by His present Majesty King William the Fourth, but the same became void upon the Expiration of the Term of Six Months for which they were so 'continued as aforesaid; and it is expedient that such Com'missions, Appointments, Patents, and Grants should be revived and further continued in force for the Time and in manner herein-after mentioned, and that all Acts, Matters, and Things which would (if the said Commissions, Appointments, Patents, ⚫ and Grants had not become void) have been valid and effectual 'should be confirmed, and that all Persons who may have exercised any Powers or Authorities, or done any Act, Matter, or Thing which they would have been authorized to exercise or do if the said Commissions, Appointments, Patents, or Grants had not become void, should be indemnified:' 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 all and every Commissions, Appointments, Grants, or Patents, and Commission, Appointment, Grant, or Patent of any Office or Employment, Civil or Military, in that Part of the United Kingdom of Great Britain and Ireland called Ireland, which at or previous to the Expiration of the said Term of Six Months limited in the said recited Act of the last Session of Parliament were or was in force and effect, shall be and the same are and is hereby revived, and shall continue and remain in full Force and Effect from the passing of this Act until the End and Expiration of Six Weeks from and after the Commencement of the next Session of Parliament, unless the same shall be respectively in the meantime superseded, determined, or made void by His present Majesty (whom God long preserve), or by any Successor of His said present Majesty to whom the Imperial Crown of this Realm is by Law limited or appointed to go, remain, or descend. II. And be it further enacted, That all Acts, Matters, and Things done, and all Powers and Authorities used and exercised at any Time since the Expiration of the said Commissions, Appointments, Patents, and Grants, which would, if the said Commissions, Appointments, Patents, and Grants had been in force, have been valid, legal, and effectual, shall be and are hereby confirmed, and declared to be and the same shall be deemed to have been as good, valid, legal, and effectual, to all Intents and Purposes whatsoever, as if the said Commissions, Appoint ments, ments, Patents, or Grants, or any of them, had not become void, and had been and remained in full Force and Effect. Actions and other Proceedings against Persons for act III. And be it further enacted, That all Personal Actions and Suits, Indictments, Informations, and all Prosecutions and Proceedings whatsoever, which may have been or shall be prosecuted or commenced against any Person or Persons for having ing under exdone any Act, Matter, or Thing, or used or exercised any Powers pired Commisor Authorities, which it would, if the said Commissions, Appoint- sions, &c. ments, Patents, or Grants had been in force, have been lawful or discharged. competent for such Person or Persons to do, use, or exercise, be General Issue and the same are hereby discharged and made void; and that If any Actions if any Action or Prosecution, or any Proceeding, Criminal or are brought, Civil, hath been or shall be instituted against any Person, for any such Act, Matter, or Thing, or the Use or Exercise of any such may be pleaded. Powers and Authorities, such Person may plead the General Issue, and give this Act and the special Matter in Evidence; Proceedings may be stayed on summary Application. and if the Plaintiff or Plaintiffs in any such Action shall become Double Costs. Nonsuit, or forbear further Prosecution, or suffer Discontinuance, or if a Verdict shall pass against such Plaintiff or Plaintiffs, the Defendant or Defendants shall recover his, her, or their Double Costs, for which he, she, or they shall have the like Remedy as in other Cases in which Costs are given by Law to Defendants. IV. And be it further enacted, That if any Action, Suit, or Proceeding hath been or shall be instituted or had in any Court in that Part of the United Kingdom called Ireland, for or on account of any such Act, Matter, or Thing, or the Use or Exercise of any such Powers and Authorities as aforesaid, it shall and may be lawful for the Defendant or Defendants in such Action, Suit, or Proceeding to apply to such Court by Motion in a summary Manner to stay all Proceedings thereon; and such Court is hereby authorized and required to examine the Matter of such Application, and upon due Proof thereof to make Order for that Purpose accordingly; and the Court making such Order shall allow Double Costs. and award to the Defendant or Defendants respectively Double Costs for such Proceedings as shall have been had after the passing of this Act, for which he, she, or they shall have the like Remedy as in Cases where Costs are by Law given to Defendants. CA P. III. An Act to indemnify Persons who have acted as Deputy [11th July 1831.] WHEREAS an Act was passed in the Forty-second Year of the Reign of His Majesty King George the Third, inti tuled An Act to raise and establish a Militia Force in Scotland, 42 G. 3. c. 91. whereby the Lieutenants to be appointed for the Counties, 'Stewartries, Cities, and Places therein mentioned are authorized and empowered to appoint such Persons as they should 'think fit, being qualified as therein provided, to be their Deputy Lieutenants, with the Powers also therein set forth: And whereas it is provided by the said Act that all Persons to be appointed Deputy Lieutenants (with the Exceptions therein set forth) shall be possessed of an Estate in Property, either in B 2 his Deputy Lieutenants indemnified for acting possessed of the without being Qualification required by Law. 6 his own Right or the Right of his Wife, of Four hundred Pounds Scots of valued Rent, or be the Heir Apparent of a Person possessing such an Estate, and that no Person should be so appointed until he shall have delivered to the Clerk of the Commissioners of Supply of the County or Place for which he should be appointed a specific Description in Writing of 'his Qualification; and the Clerk of Supply is directed to enter 'such Qualification in a Roll to be kept for that Purpose, and to cause to be inserted in the London Gazette the Dates of the Commissions, and the Name and Rank of the Officers, and to transmit yearly to One of His Majesty's Principal Secretaries of State a complete Account of the Qualifications so left with ' him; and the Secretary of State receiving the same is required to cause Copies to be laid annually before both Houses of Parliament; and every Deputy Lieutenant not having already taken the Oaths, and made, repeated, and subscribed the 'Declaration therein described, is required to take such Oath, and make, repeat, and subscribe such Declaration, within Six Months after he shall have accepted his Commission; and all Persons executing the Powers thereby directed to be executed by Deputy Lieutenants (with the Exceptions therein specified), not being qualified, and not having delivered such specific Descriptions of their Qualifications as aforesaid, are thereby ' rendered liable in the Penalties therein set forth : And whereas sundry Persons not so qualified have been appointed and have acted in the Execution of the said recited Act, and of the other Acts relative to the Militia Force in Scotland, and in many Instances the Deputy Lieutenants appointed, although qualified, have failed to deliver their Qualifications as thereby required, and the other Regulations by the said recited Act prescribed in regard to Deputy Lieutenants have not been 'observed, whereby many Individuals have incurred Penalties, ' and the said recited Acts have not been duly executed: And whereas it is necessary and expedient that the Persons acting as Deputy Lieutenants, not possessing the Qualifications prescribed by the said recited Act, and otherwise informally appointed as aforesaid, should be indemnified, and that Pro" vision to the Effect after mentioned should be made in relation to the Acts, Matters, and Things done and to be done by such 'Persons in the Execution of the said Acts of Parliament: 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 every Person who shall have been appointed a Deputy Lieutenant of any County, Stewartry, City, or Place in Scotland, by the Lord Lieutenant of the said County, Stewartry, City, or Place, and shall have acted as such, and every Person who shall have acted by and under the Authority of such Deputy Lieutenant, shall be and is hereby indemnified for and in respect of any Matter or Thing done by such Person as such Deputy Lieutenant, or by such Person acting by and under his Authority, notwithstanding that such Deputy Lieutenant was not, when appointed, and may not now be, possessed of the Qualification required by the said recited Act, and did not deliver deliver an Account of such Qualification to the Clerk to the Commissioners of Supply, as thereby prescribed, and notwithstanding that all or any of the other Regulations prescribed by the said recited Act in regard to the Appointment of Deputy Lieutenants may not have been observed and fulfilled; and no such Deputy Lieutenants, or such other Persons acting by and under their Authority, shall be liable in any Penalty imposed by the said Act for or in respect of such Deputy Lieutenants having acted in the Execution of the said Act being disqualified, or not having delivered the Qualification as aforesaid. Lieutenants, or Persons under them, to be II. And be it further enacted, That every Act, Matter, or Thing All Acts done done by any such Person appointed Deputy Lieutenant, or by by such Deputy any other Person acting by and under the Authority of such Deputy Lieutenant, as herein-before mentioned, or to be done by such Person or Persons in the due and lawful Execution of good and valid. the said Act, until the First Day of July One thousand eight hundred and thirty-two, shall be good, valid, and effectual, and shall not be liable to any Question or Challenge for or by reason of such Person not being qualified as aforesaid, or not having performed or observed all or any of the Regulations prescribed and provided by the said Act regarding the Appointment of Deputy Lieutenants, or for or in respect of all or any of such Regulations not having been otherwise performed or observed; any thing in the said Act or in any other Act or Acts to the contrary in anywise notwithstanding. 6 6 III. And whereas Doubts have been entertained as to the Legality of the Orders and Proceedings of certain General Meetings of Lieutenancy held without the previous Notice prescribed by the said recited Act having been given, and it is necessary and expedient that such Doubts should be removed;' be it enacted, That all Orders and Proceedings of such Meetings hitherto held, and every thing done in pursuance thereof, shall be equally valid and effectual as if such Notice had been duly given. CA P. IV. An Act to abolish certain Oaths and Affirmations taken and WE HEREAS by the Laws relating to the Revenues of Cus toms and Excise numerous Oaths and solemn Affirmations are required to be taken and made by Traders and other Persons; and from the frequent Occasions on which such Oaths and Affirmations are required, and the consequent Number thereof 'administered, the Reverence and Respect which should attach to such solemn Obligations have been weakened, and their binding Force not duly regarded; and it is therefore expedient to provide for diminishing the Number of such Oaths, and to 'substitute other Regulations in lieu 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 Autho B 3 rity Proceedings of declared valid. |