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Where the Amount required for the County or other Kate is small, the making of

the Rate for

Reimbursement

may be postponed.

Repeal of

1 Vict. c. 81.

if they have no such Monies shall forthwith proceed to levy and collect the requisite Amount by such Rate, and pay the same over to the Treasurer of the said Guardians: Provided nevertheless, that if such Overseers make default and do not make the requisite Payment within the appointed Time, they shall be subject to be proceeded against in like Manner as the Overseers of a Parish wholly situated within the County are subjected to under the Provisions of the said Act.

V. And be it enacted, That where the Amount required in respect of any such County Rate, Police or District Police Rate, from any Part of such Parish or Place as aforesaid, shall in the Judgment of such Overseers be so small as to render the levying and collecting of a separate Rate for it inconvenient, the Overseers may postpone the Reimbursement of themselves for any such Advance as aforesaid, and they or their Successors may afterwards, on the Recurrence of the next Precept or other lawful Demand, or of that next but one, levy and collect such a Rate as aforesaid to raise the whole Amount so previously advanced and unsatisfied out of the Poor Rates of the Parish, as well as the Amount required by the then Precept or Demand, and shall apply the Sum so collected in Reimbursement of the previous Payments, and the Satisfaction of such Precept or Demand, and shall apply the Balance, if any, towards the Discharge of the next Precept or Demand.

VI. And be it enacted, That from the Twenty-ninth Day certain Part of of September One thousand eight hundred and forty-nine so much of the Act passed in the First Year of Her Majesty, intituled An Act to provide for the levying of Rates in Boroughs and Towns having Municipal Corporations in England and Wales, as applies to the making, levying, and collecting the County Rate and Borough Rate in divided Parishes or Places, shall, except in respect of Rates before that Time made, levied, or collected, or of any Arrears of Rates in course of being collected, be repealed, and all Balances which may remain over the Sums required by the Precepts under which the Rate was levied shall be applicable towards the Discharge of the next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.

Act may be amended, &c.

VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

CAP.

CAP. LXVI.

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An Act for enabling Colonial Legislatures to establish
Inland Posts.
[28th July 1849.]

WHEREAS 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, 5G. 3. c. 25. and to amend, 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 7W.4.& "Act for the Management of the Post Office, and an Act passed 1 Vict. c. 33. in the Fourth Year of Her present Majesty, intituled An 3&4 Vict. c. 96. Act for the Regulation of the Duties of Postage, and an Act passed in the Eighth Year of Her present Majesty, intituled

An Act for the better Regulation of Colonial Posts, Her 7&8 Vict. c. 49. Majesty's Postmaster General has, by himself or his Deputies, the exclusive Privilege 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 Authority 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 respectively 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 Establishment ⚫ 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 latures may them, by Acts, Laws, or Ordinances to be from Time to Time establish Posts, 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.

which Posts have been

II. Provided always, and be it enacted, That where in any Provision as Colony Her Majesty's Postmaster General shall have actually to Colonies in established any Post or Post Communication, and his Powers and Privileges in relation to such Post or Post Communication shall not have determined under this Act, no such Act, Law, or Ordinance of the Legislature or Legislative Authority of

such

established by the Postmaster

General.

After Establishment of Posts by Colonial Legislature Powers of Postmaster General, &c.

to cease.

Act of Colonial Legislature only to extend

to Inland Posts,

Act not to affect Powers of General Assemblies un

the Government of Australian Colonies.

12 & 13 VICT. 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.

III. And be it enacted, That where, under the Provision herein contained, the Assent of Her Majesty in Council is required to such Act, Law, or Ordinance, the Rates of Postage charged in such Colony under the Acts herein-before referred to, or any of them, or under any Warrant or Warrants of the Commissioners 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.

IV. Provided always, and be it enacted, That no such Act, Law, or Ordinance as aforesaid shall affect the Privileges, Powers, or Authorities of Her Majesty's Postmaster General, his Deputies, Servants, or Agents, or the Commissioners of Her Majesty's Treasury, otherwise than as respects the Posts or Post Communications 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.

V. Provided also, and be it enacted, That nothing herein contained shall affect the Provisions of an Act of the Tenth Year of Her Majesty, intituled An Act to make further Provision der 9 & 10 Vict. for the Government of the New Zealand Islands, or of any Act c. 103., or any passed or to be passed in the present Session of Parliament, Act concerning for the better Government of Her Majesty's Australian Colonies," empowering the General Assemblies to be established or convened under such respective Acts to make Laws for regulating the Post 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.

Interpretation
Clause.

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VI. And be it enacted, That in this Act the Expression "Her Majesty's Colonies" shall be interpreted according to the Meaning assigned to that Expression by the said Act passed in the Fourth Year of Her present Majesty; and the Term

"Letters

"

"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.

amended, &c.

CAP. LXVII.

An Act to extend the Remedies of Sequestrators of
Ecclesiastical Benefices.
[28th July 1849.]

in his own Name for

Tithes, Rent,

the Benefice

WHEREAS 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 Sequestrator passing of this Act every Sequestrator who shall then have enabled to sue been or who shall thereafter be appointed by a Bishop or other Ordinary, or by any competent Ecclesiastical Court, to levy, collect, gather, or receive the Profits of any Ecclesiastical &c. due to the Benefice, by virtue or in pursuance of any Writ of Fieri Incumbent of facias de bonis ecclesiasticis, Levari facias de bonis ecclesiasticis, sequestered. Sequestrari facias, or of any Sequestration made or issued by Authority of Law, may and is 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 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, Nothing to that nothing herein contained shall be construed to empower empower Sethe Sequestrator of any Benefice to bring, prosecute, levy, or bring or take take any Action, Suit, Distress, or other Proceeding by virtue Actions, except of this Act, except against the Incumbent of such Benefice, against Incumwhich 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 Sequestrator appointed under a Sequestration issued at the may require Indemnity from Suit or Instance of any Creditor shall be bound to commence, the Creditor prosecute, levy, or take any Action, Suit, Distress, or other at whose Suit Proceeding as aforesaid under the Provisions of this Act, unless the Sequestraand until Security, to be approved by such Sequestrator, shall tion shall issue.

be

questrator to

bent, &c.

All Payments

to be deemed

Profits of the
Benefice.

be given by the Creditor at whose Suit or Instance such Sequestration shall have been issued, for indemnifying 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.

II. And be it enacted, That the Payment or Render to under the Act such Sequestrator lawfully entitled, with or without Suit, by the Party thereunto liable, of any such Tithe, Tithe Rentcharge, Tithe Composition or Substitution, Rent, Dues, Fees, or Payment, shall 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 amended, &c.

4 G. 4. c. 91.

III. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parlia

ment.

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CAP. LXVIII.

An Act for facilitating the Marriage of British Subjects resident in Foreign Countries. [28th July 1849.] WHEREAS an Act was passed in the Fourth Year of the

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Reign of His late Majesty King George the Fourth, 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 applicable 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 Numbers 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

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