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7 & 8 Vict.

c. 101. s. 47.

Repeal of 7 & 8 Vict.

c. 101. s. 47. in part.

The Mode in
which the
Averages of
Unions and

Parishes com-
bined in School

Districts shall be ascertained and declared.

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13 VICT. made for the Formation of School Districts for the Manage'ment of certain Infant Poor by the Combination of Unions and Parishes into such Districts: And whereas it is by the said first-recited Statute enacted, "that the Expenses incurred "by any District Board in the Purchase or Hire of any Building or Buildings to be used as a School, or in erecting, "repairing, adding to, or fitting up any Building, and in the "Purchase of Utensils and Materials for the Employment of "the Inmates of such School, or of Books and other Objects "and Things necessary for the Instruction of such Inmates, "" and the Salaries of the Officers and Servants of the Esta"blishment, and all other Expenses incurred on the common "Account of the Parishes or Unions, or Parishes and Unions, "so united for the Management of any Class of Infant Poor, "or incidental to the Discharge of the Duties of such District. "Board, shall be paid by such Unions in the Proportion of "the Averages last declared for every such Union, and by "such Parishes in the Proportion of the average Expenditure "of every such Parish for the like Period and Purposes as "those to which the declared Averages of such Unions shall "relate; and the said Commissioners shall from Time to "Time, by Order under their Hands and Seal, ascertain and "declare the Proportion and Rates of Contribution in the "above respects of every such Parish and Union:" And whereas such Provision for the Contributions of the several Unions and Parishes in such Districts is inconvenient, and it is desirable that the same should be repealed, and other Pro'visions should be enacted for the Purpose aforesaid:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and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, That after the passing of this Act so much of the said Act of the Eighth Year of Her Majesty as is herein-before recited, providing for the Contribution of the Unions and Parishes comprised in any such School District, shall be and the same is hereby repealed.

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II. And be it enacted, That in respect of any District heretofore formed or hereafter to be formed under the Provisions of the Statutes aforesaid the Poor Law Board shall cause an Inquiry to be made as to the average annual Expense incurred by or on account of the Relief of the Poor in every Union and Parish forming an integral Part of such District during the Three Years ending on the Twenty-fifth Day of March next before the Date of the Formation of such District, such Expense to include the Cost of the Relief of the Poor belonging to the Parish, or, in the Case of a Union, the Cost of the Relief of the Poor belonging to the several Parishes thereof, and of those chargeable upon the common Fund thereof, and in each Case the Payment of the Salaries of all Officers engaged in the Administration of the Relief of the Poor, and other like Expenses of current and ordinary Nature; and the said Board shall by an Order declare the respective Averages so ascer

tained,

tained, and after the Issue of such Order the several Unions and Parishes comprised in any such District shall contribute to the several Charges set forth in the Clause herein-before cited from the said first-mentioned Statute according to the Proportion of the Averages declared in such Order until the same shall be altered by any subsequent Order of the said Board.

the Declaration of fresh Aver

ages.

III. And be it enacted, That the said Poor Law Board, from Provision for Time to Time whenever it shall seem proper to them to do 80, may cause a fresh Inquiry to be made in manner aforesaid, in respect of any such District, as to the Expense of the Unions and Parishes therein for the Three Years ending on the Twentyfifth Day of March next preceding such Inquiry, and declare by their Order the Averages ascertained by such Inquiry, and thereupon the Contributions of the several Unions and Parishes in such District to the Charges aforesaid shall be calculated according to the Averages so last declared.

IV. And be it enacted, That when any Union or Parish In case of the shall be added to any previously formed District the said Board Addition of a shall cause the average Expense of such Union or Parish corresponding with the Period for which the Averages of such existing DisDistrict shall have been last ascertained and declared as afore- trict.

said.

Parish or
Union to an

V. And be it enacted, That in respect of any District here- Accounts in any tofore formed all Charges and Expenses which shall not have such District not closed, &c. been closed and audited at the passing of this Act, and to which to be settled the said Clause of the said first-recited Statute would have according to applied, shall be estimated and settled according to the Propor- this Act. tions of the Averages to be declared according to the Provisions

of this Act.

VI. And be it enacted, That the several Words used in this Interpretation Act shall be construed in the Manner prescribed by the said of Terms. recited Statute of the Eighth Year of the Reign of Her Majesty, and the Statutes explaining and extending it; and that every Provision of the said several Statutes not repealed shall extend to this Act, except where any such Provision would be inconsistent with anything herein contained.

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

CAP. XII.

An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and to extend the Time limited. for those Purposes respectively. [17th May 1850.] W HEREAS divers Persons who, on account of their

Offices, Places, Employments, or Professions, or any other Cause or Occasion, ought to have taken and subscribed the Oaths or Assurance respectively appointed to be by such Persons taken and subscribed in and by an Act passed in the • First

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25 C. 2. c. 2.

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30 C. 2. st. 2.

8 G. 1. c. 6.

9 G. 2. c. 26.

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13 VICT. First Year of the Reign of His Majesty King George the 1G.1. st. 2. c.13. First, of glorious Memory, intituled An Act for the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants; and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors; or to have qualified themselves according to an Act passed in the Thirteenth Year of the Reign of His Majesty 1SC. 2. st.2.c.1. ‹ King Charles the Second, intituled An Act for the wellgoverning and regulating of Corporations; or to have qualified themselves according to another Act passed in the Twentyfifth Year of the Reign of His Majesty King Charles the Second, intituled An Act for preventing the Dangers which may happen from Popish Recusants; or according to another Act passed in the Thirtieth Year of the Reign of His Majesty King Charles the Second, intituled An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament; or according to another Act passed in the Eighth Year of the Reign of His Majesty King George the First, intituled An Act for granting the People called Quakers such Forms of Affirmation or Declaration as may remove the Difficulties which many of them lie under; or according to another Act passed in the Ninth Year of the Reign of His Majesty King George the Second, intituled An Act for indemnifying Persons who have omitted to qualify themselves for Offices within the Time limited by Law, and for allowing further Time for that Purpose; and for amending so much of an Act passed in the Second Year of the Reign of His present Majesty as requires Persons to qualify themselves for Offices before the End of the next Term or Quarter Sessions; and also for enlarging the Time limited by Law for making and subscribing the Declaration against Transubstantiation; and for allowing a further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees; or according to another Act passed in the Eighteenth Year of the Reign of His Majesty King George the Second, intituled An Act to amend and render more effectual an Act passed in the Fifth Year of His present Majesty's Reign, intituled "An "Act for the further Qualification of Justices of the Peace;" or according to another Act passed in the Sixth Year of the Reign of His Majesty King George the Third, intituled An Act for altering the Oath of Abjuration and the Assurance; and for amending so much of an Act passed in the Seventh Year of the Reign of Her late Majesty Queen Anne, intituled "An Act for the Improvement of the Union of the Two King"doms," as after the Time therein limited requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason or Misprision of Treason; or according to another Act passed in the Ninth Year of the Reign of His Majesty King George the Fourth, intituled An Act for repealing so much of several Acts as imposes the Necessity of receiving

18 G. 2. c. 20.

6 G. 3. c. 53.

9 G. 4. c. 17.

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selves as re

indemnified,

the Sacrament of the Lord's Supper as a Qualification for certain Offices and Employments; or according to another Act passed in the Tenth Year of the Reign of His said Majesty, intituled An Act for the Relief of His Majesty's Roman 10 G. 4. c. 7. Catholic Subjects, so far only as the said Act relates to any Civil or Military Offices or Places of Trust, or Places of Profit or Corporate Offices; have, through Ignorance of the Law, Absence, or some unavoidable Accident, omitted to take and subscribe the Oaths and Assurance and make and subscribe the Declaration required by the said recited Acts or either of them, or otherwise to qualify themselves as aforesaid, within such Time and in such Manner as in and by the 'said Acts respectively is required, whereby they have incurred, or may be in danger of incurring, divers Penalties and Disabilities: For quieting the Minds of Her Majesty's Subjects, and for preventing any Inconvenience that might otherwise happen by means of such Omissions, 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 all and every Person or Persons who, at or Persons who before the passing of this Act, hath or shall have omitted to have omitted to take and subscribe the Oaths and Declarations, or otherwise qualify themto qualify him, her, or themselves, within such Time and in quired by the such Manner as in and by the said Acts or any of them is re- recited Acts quired, and who, after accepting any such Office, Place, or and allowed Employment, or undertaking any Profession or Thing, on further Time. account of which such Qualification ought to have been had and is required, before the passing of this Act, hath or have taken and subscribed the said Oaths or made the Declarations required by Law, or who on or before the Twenty-fifth Day of March One thousand eight hundred and fifty-one shall take and subscribe the Oaths, Declarations, and Assurance respectively, in such Cases wherein by the said several Acts or any or either of them the said Oaths, Declarations, and Assurance ought to have been taken and subscribed, in such Manner and Form, and at or in such Place or Places, as are appointed in and by the said several Acts or any or either of them, shall be and are hereby indemnified, freed, and discharged from and against all Penalties, Forfeitures, Incapacities, and Disabilities incurred or to be incurred for or by reason of any Neglect or Omission, previous to the passing of this Act, of taking or subscribing the said Oaths or Assurance, or making or subscribing the said Declarations respectively, or taking or subscribing the said Oath, according to the above-mentioned Acts or any of them, or any other Act or Acts; and such Person or Persons is and are and shall be fully and actually recapacitated and restored to the same State and Condition as he, she, or they were in before such Neglect or Omission, and shall be and be deemed and adjudged to have duly qualified him, her, or themselves according to the above-mentioned Acts and every of them; and that all Elections of, and Acts done or to be done by, any such Person

or

Indemnity to those who have

omitted to make and sub

scribe the Oath and Declaration required by the

Irish Act of 2 Anne.

Not to indemnify Persons

final Judgment

or Persons, or by Authority derived from him, her, or them, are and shall be of the same Force and Validity as the same or any of them would have been if such Person or Persons respectively had taken the said Oaths or Assurance, and made and subscribed the said Declarations respectively, and taken and subscribed the said Oath, according to the Directions of the said Acts and every or any of them; and that the Qualification of such Person or Persons qualifying themselves in manner and within the Time appointed by this Act shall be to all Intents and Purposes as effectual as if such Person or Persons had respectively taken the said Oaths and Assurance, and made and subscribed the said Declarations respectively, and taken and subscribed the said Oath, within the Time and in the Manner appointed by the several Acts before mentioned.

II. And whereas several Persons well affected to Her Majesty's Government, and to the United Church of England ' and Ireland, have, through Ignorance of the Law, neglected, or been, by Sickness or other unavoidable Causes, prevented from taking and subscribing the Declaration according to the Directions of an Act passed in the Parliament of Ireland in the Second Year of the Reign of Her Majesty Queen Anne, 'intituled An Act to prevent the further Growth of Popery: Be it therefore enacted, That all Persons who have incurred any Penalty or Incapacity in the said recited Act mentioned, by neglecting to qualify themselves according to the said Act, shall be and are hereby indemnified, freed, and discharged from all Incapacities, Disabilities, Penalties, and Forfeitures incurred by reason of such Omission or Neglect as aforesaid; and that no Act done by any of them, not yet avoided, shall be questioned or avoided by reason of such Omission or Neglect, but that all such Acts shall be and are hereby declared to be as good and effectual as if such Persons respectively had taken and subscribed the said Oath, and made and repeated and subscribed the said Declaration, at such Time and Place and Manner as in the said Act is mentioned, anything in the said Act to the contrary notwithstanding: Provided always, that such Person or Persons do and shall take and subscribe the said Oaths, and make, repeat, and subscribe the said Declaration, in such Manner and Form, and in such Place or Places respectively, as are directed and appointed by the said last-recited Act, on or before the Twenty-fifth Day of March One thousand eight hundred and fifty-one.

III. Provided always, and be it enacted, That this Act, or anything herein contained, shall not extend or be construed to against whom extend to indemnify any Person against whom final Judgment shall have been given in any Action of Debt, Bill, Plaint, or Information in any of Her Majesty's Courts of Record, for any Penalty incurred by having neglected to qualify himself within the Time limited by Law.

has been given.

Not to exempt
IV. Provided also, and be it enacted, That nothing contained
Justices acting in this Act shall extend or be construed to extend to exempt
without legal
Qualification. any Justice of the Peace within Great Britain from the Penal-

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