Page images
PDF
EPUB

Certificate without Fee.

Taking Fee.
Penalty.

Officer other

XIII. And be it further enacted, That all Certificates hereinbefore required to be given shall be given without any Fee or Reward whatsoever; and every Person who shall take any Fee or Reward of any Alien or other Person, for any Certificate, or any other Matter or Thing done under this Act, shall forfeit for every such Offence the Sum of Twenty Pounds; and every Officer wise offending. of the Customs who shall refuse or neglect to make such Entry as aforesaid, or grant any Certificate thereon, in pursuance of the Provisions of this Act, or shall knowingly make any false Entry, or neglect to transmit the Copy thereof, or to transmit any Declaration of the Master of a Vessel, or any Declaration of Departure in Manner directed by this Act, shall forfeit for every such Offence the Sum of Twenty Pounds.

Penalty.

Forging Certificates, &c.

Penalty.

Prosecution of
Offences.

Proceedings.

Certiorari, &c.

Proviso for

ters and Ser

vants;

XIV. And be it further enacted, That if any Person shall wilfully forge, counterfeit or alter, or cause to be forged, counterfeited or altered, or shall utter, knowing the same to be forged, counterfeited or altered, any Declaration or Certificate hereby directed, or shall obtain any such Certificate under any other Name or Description than the true Name and Description of the Alien intended to be named and described, without disclosing to the Person granting such Certificate the true Name and Description of such Alien, and the Reason for concealing the same, or shall falsely pretend to be the Person intended to be named and described in any such Certificate; every Person so offending shall, upon Conviction thereof before Two Justices, either forfeit any Sum not exceeding Fifty Pounds, or be imprisoned for any Time not exceeding Six Months, at the Discretion of such Justices.

XV. And be it further enacted, That all Offences against this Act shall be prosecuted within Six Calendar Months after the Offence committed, except that of not making or delivering a Declaration of Departure, which shall be prosecuted within Six Calendar Months after the Offender's Return to this Realm; and all such Offences shall be prosecuted before Two or more Justices of the Peace of the Place where the Offence shall be committed, who are required, in default of Payment of any pecuniary Penalty, to commit the Offender to the common Gaol for any Time not exceeding Six Calendar Months, unless the Penalty shall be sooner paid, and forthwith to report to One of His Majesty's Principal Secretaries of State, or to the Chief Secretary for Ireland, as the Case may require, the Conviction of every Offender under this Act, and the Punishment to which he is adjudged; and no Writ of Certiorari, or of Advocation or Suspension, shall be allowed to remove the Proceedings of any Justices touching the Cases aforesaid, or to supersede or suspend Execution or other Proceeding thereupon.

XVI. Provided always, and be it further enacted, That nothing Foreign Minis- in this Act contained shall affect any Foreign Ambassador, or other Public Minister duly authorized; nor any Domestic Servant of any such Foreign Ambassador or Public Minister, registered as such according to Law, or being actually attendant upon such Ambas sador or Minister; nor any Alien who shall have been continually residing within this Realm for Seven Years next before the passing of this Act, and obtained from the Alien Office a Certificate thereof; nor any Alien in respect of any Act done or omitted to be done,

and for other Aliens herein described.

who

[ocr errors]

who shall be under the Age of Fourteen Years at the Time when such Act was so done or omitted to be done: Provided always, Proviso as to that if any Question shall arise whether any Person alleged to be Party being an Alien, and to be subject to the Provisions of this Act, is an an Alien. Alien or not, or is or is not subject to the said Provisions, or any of them, the Proof that such Person is, or by Law is to be deemed to be, a natural born Subject of His Majesty, or a Denizen of this Kingdom, or a naturalized Subject, or that such Person, if an Alien, is not subject to the Provisions of this Act, or any of them, by reason of any Exception contained in this Act or otherwise, shall lie on the Person so alleged to be an Alien, and to be subject to the Provisions of this Act.

XVII. And be it further enacted, That this Act shall commence Commenceon the First Day of July in the Year One thousand eight hundred ment of Act. and twenty six.

CA P. LV.

An Act to regulate the Manner of taking the Poll at Elections
of Knights of the Shire to serve in Parliament for the
County of York.
[26th May 1826.]

WHEREAS by an Act of Parliament made and passed in the

Eighteenth Year of the Reign of His late Majesty King 18 G.2. c.18. George the Second, intituled An Act to explain and amend the Laws touching the Election of Knights of the Shire to serve in • Parliament for that Part of Great Britain called England, it is ⚫ enacted, that from and after the Twenty fourth Day of June One

thousand seven hundred and forty five, at every Election to be • made within that Part of Great Britain called England, or Do• minion of Wales, of any Knight or Knights of the Shire to serve • in Parliament, the Sheriff, or in his Absence the Under Sheriff, ⚫or such as he shall depute, shall appoint, make or erect, or cause to be appointed, made or erected, at the Expence of the Candidates, such Number of convenient Booths or Places for taking the Poll as the Candidates or any of them shall, Three Days at least before the Commencement of the Poll, desire, so as the ⚫ same do not exceed the Number of Rapes, Lathes, Wapentakes, Wards or Hundreds within the said County, and not exceeding in the Whole the Number of Fifteen; and shall affix or cause to be affixed on the most public Part of each of the said Booths or Polling Places the Name or Names of the Rape, Wapentake, Lathe, Ward or Hundred, or Rapes, Wapentakes, Lathes, Wards ⚫or Hundreds, for which such Booth or Polling Place is allotted ⚫or designed; and the said Sheriff, Under Sheriff, or such Person ⚫ as he shall depute, shall appoint a proper Clerk or Clerks at each of the said Booths or Polling Places to take the Poll (which said ⚫ Clerk or Clerks shall be at the Expence of the Candidates, and be paid not exceeding One Guinea per Day each Clerk); and the said Sheriff or Under Sheriff shall also make out a List for each of the said Booths or Polling Places respectively, of all the several Towns, Villages, Parishes and Hamlets lying or being wholly or in part in the Rape, Wapentake, Lathe, Ward or Hundred, or in the several Rapes, Wapentakes, Wards or Hundreds, for which such Booth or Polling Place is allotted or de

N 4

'signed,

، signed, and shall, upon Request made, deliver a true Copy thereof to any of the Candidates or their Agents who shall desire the same, taking for each of the said Copies the Sum of Two Shillings and no more: And Whereas the County of York is of great Extent, and the Number of Persons who polled at the Election of Knights of the Shire for the said County in the Year One thousand eight hundred and seven exceeded Twenty three thousand; and several Persons were prevented from polling for want of a sufficient Number of Booths or Places for taking the Poll, and by the progressive Subdivision of Property the Number of Persons entitled to vote is, since the Time of the said Election, 'considerably increased: And Whereas it is expedient to make Provision for the more effectual and convenient taking of the • Poll in the said County:' 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 so far as relates to the County of York, so much of the said Act of the Eighteenth Year of the Reign of His said late Majesty King George the Second as is hereinbefore recited shall be and the in part repealed, same is hereby repealed.

At Elections for
County of
York, Sheriff
shall erect such
Number of

Booths as shall be required, and make out

Lists of Towns,

&c. for which such Booths are designed.

Copies to be delivered. Fee.

Elections in other Respects to be conform

II. And be it further enacted, That from and after the passing of this Act, at every Election of any Knights or Knight of the Shire to serve in Parliament for the County of York, the Sheriff, or in his Absence the Under Sheriff, or such Person as he shall depute, shall appoint, make or erect, or cause to be appointed, made or erected, at the Expence of the Candidates, such Number of convenient Booths or Places for taking the Poll as the Candidates or any of them shall, Three Days at least before the Commencement of the Poll, desire, and shall affix or cause to be affixed on the most public Part of each of the said Booths or Polling Places the Name or Names of the Wapentake or Wapentakes for which such Booth or Polling Place is allotted or designed; but in case there shall be Two or more Booths or Polling Places for any One Wapentake or Division, then both the Name or Description of the Portion of such Wapentake or other Division, and the Name or Names of the Towns, Villages, Parishes and Hamlets for which each respective Booth or Polling Place is allotted or designed; and the said Sheriff or Under Sheriff, or such Person as he shall depute, shall appoint a proper Clerk or Clerks at each of the said Booths or Polling Places, to take the Poll (which said Clerk or Clerks shall be at the Expence of the Candidates, and be paid not exceeding One Pound per Day each Clerk); and the said Sheriff or Under Sheriff shall also make out a List for each Booth or Polling Place respectively of all the several Towns, Villages, Parishes and Hamlets lying or being wholly or in part in the Wapentake or Wapentakes, or Portion of a Wapentake or other Division for which such Booth or Polling Place is designed, and shall, upon Request made, deliver a true Copy thereof to any of the Candidates or their Agents who shall desire the same, taking for each of the said Copies the Sum of One Shilling and no more.

III. And be it further enacted, That the Election for Knights of the Shire for the said County shall, in all other Respects, be managed in Conformity with the Directions of the said hereinbefore

in part recited Act, except so far as the same is hereby repealed, able to recited and under the Directions of the several other Acts now in force and former relative to such Elections.

Acts.

CA P. LVI.

[ocr errors]
[ocr errors]
[ocr errors]

4

An Act to suspend the Provisions of an Act of His late Majesty, respecting the Appointment of Writers in the Service of the East India Company, and to authorize the Payment of the Allowances of the Civil and Military Officers of the said Company dying while absent from India.

[26th May 1826.]

$46.

HEREAS by an Act passed in the Fifty third Year of the 53 G.3. c. 155. Reign of His late Majesty King George the Third, intituled An Act for continuing in the East India Company for a further 'Term the Possession of the British Territories in India, together 'with certain exclusive Privileges; for establishing further Regulations for the Government of the said Territories, and the better 'Administration of Justice within the same; and for regulating the Trade to and from the Places within the Limits of the said Company's Charter, it was among other things enacted, that it 'should not be lawful for the Court of Directors of the United Company of Merchants of England trading to the East Indies, to nominate, appoint or send to the Presidencies of Fort William, Fort Saint George or Bombay, any Person in the Capacity of a Writer, unless such Person should have been duly entered at the College of the said Company in England, and have resided there Four Terms according to the Rules and Regulations 'thereof, and should also produce to the said Court of Directors a Certificate under the Hand of the Principal of the said College, testifying that he has for the Space of Four Terms been a Mem'ber of and duly conformed himself to the Rules and Regulations ' of the said College: And Whereas there is not a sufficient Number of Persons qualified, according to the Provisions of the said 'Act, to be appointed Writers to fill the Vacancies which exist ' and which are likely to occur in the Civil Establishments of the 'said Presidencies in the East Indies:' 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 Persons may be the same, That at any Time within Three Years from the passing sent to India as of this Act it shall and may be lawful for the Court of Directors Writers, on of the said United Company to nominate and appoint and to send timonials and to the Presidencies of Fort William, Fort Saint George or Bombay, in the Capacity of a Writer, any Person who shall produce such Testimonials of his Character and Conduct, and pass such an Examination as, by Rules and Regulations to be framed and established as hereinafter is mentioned, shall be required.

[ocr errors]

II. And be it further enacted, That the said Court of Directors shall, and they are hereby required, with all convenient Speed, by and with the Consent and Approbation of the Board of Commissioners for the Affairs of India, to frame and establish proper Rules and Regulations respecting the due and necessary Qualifications

of

producing Tes

passing Examination.

Directors may, with Approbation of Board establish Regulations re

of Controul,

lifications.

39 G.S. c.52.

$87.

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

1 specting Qua- of Writers; and that it shall and may be lawful for the said Court of Directors, with the Consent and Approbation of the said Board of Commissioners, to alter and vary such Rules and Regulations from time to time as Circumstances may appear to require; and that the Rules and Regulations so altered and varied shall be of the same Force and Effect as the original Rules and Regulations. III. And Whereas by an Act passed in the Thirty third Year of the Reign of His late Majesty King George the Third, intituled An Act for continuing in the East India Company for a 'further Term the Possession of the British Territories in India, together with their exclusive Trade, under certain Limitations ; 'for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice within the same; for appropriating to certain Uses the Revenues and Profits of the said Company; and for making Provision for the good Order and Government of the Towns of Calcutta, Madras and Bombay, it was enacted, that if any Governor General, or any other Officer whatever in the Service of the said Company, should quit or leave the Presidency or Settlement to which he should belong, other than in the known actual Service of the said Company, the Salary and Allowances appertaining to his Office should not be paid or payable during his Absence to any Agent or other Person for his Use; and in the Event of his not returning back to his Station at such Presidency or Settlement, or of his coming to Europe, his Salary and Allowances should be deemed to have ceased from the Day of his quitting such Presidency or Settlement; any Law or Usage to the contrary notwithstanding: And Whereas it hath happened that Officers, as well Civil as Military, in the Service of the said Company, who have quitted the Presidencies or Settlements to which they respectively belonged in consequence of ill Health, with the Intention of returning to their Stations at such Presidencies or • Settlements without proceeding to Europe, have died during such temporary Absence within the Limits of the said Company's Charter or at the Cape of Good Hope: And Whereas it is just and reasonable that the Representatives of such Officers should 'be entitled to the Salaries and Allowances of such Officers from the Time of quitting their Station;' Be it therefore enacted, Representatives That it shall and may be lawful to and for the said Company to cause Payment to be made to the Representatives of Officers in their Service, Civil or Military, who having quitted or left their Stations, and not having proceeded or intended to proceed to Europe, but intending to return to their Stations, have died, or may hereafter happen to die, during their temporary Absence within the Limits of the said Company's Charter, or at the Cape of Good Hope, of such Salaries and Allowances, or such Portion of Salaries or Allowances, as the Officers so dying would have been entitled to if they had returned to their Stations.

of Officers dying during a temporary Ab

sence from their

Stations, may receive Salaries.

Former Pay

ments confirmed.

Proviso.

[ocr errors]
[ocr errors]
[ocr errors]

IV. And Whereas certain Payments have heretofore been ‹ made under the Circumstances aforesaid,' Be it further enacted, That all such Payments so made shall be deemed and taken to have been legally made; any Thing in the said recited Act of Parliament to the contrary notwithstanding: Provided always, that nothing herein contained shall extend to authorize the said Com

pany

« PreviousContinue »