Assessments in Burghs having Local Acts may adopt this Act, and thereupon Local Acts to be repealed. Contracts under former Act to be saved. Jurisdiction of Courts of Guild to be preserved. Act may be incorporated, either in whole or in part, with any future Act. Act may be amended, &c. held as repealed, and it is hereby, from and after such Date, as regards such Burgh, repealed accordingly. CCCLXXXVII. And be it enacted, That any Burgh or Place possessed of any Local Act or Acts of Parliament for the Purpose of regulating the Police thereof, or for paving, draining, cleansing, lighting, or improving the same, may, notwithstanding, adopt this Act, in whole or in part, in the Manner hereby authorized; and from and after the Date of the Adoption of this Act, in whole or in part, by such Burgh or Place, such Local Act or Acts shall cease to apply to or be in operation in such Burgh or Place, and shall as regards such Burgh or Place be held as repealed; and all such Local Acts are hereby, from and after such Date, as regards such Burgh or Place, repealed accordingly, in so far only as regards the Subject Matter adopted in such Burgh under this Act. CCCLXXXVIII. Provided always, and be it enacted, That when this Act shall be adopted, in whole or in part, in any Burgh which had previously adopted, in whole or in part, the Powers and Provisions of the said first-recited Act, or in any Burgh or Place which had previously possessed a Local Act or Acts as aforesaid, all Bonds, Contracts, Covenants, Agreements, and Securities made and entered into, and all Assessments imposed or to be imposed under and by virtue of such first-recited Act, or of such Local Act or Acts, in so far as regards anything done under such Acts or any of them previous to the Adoption of this Act, shall remain in full Force and Effect, and shall continue available and binding on all concerned; and nothing herein contained shall be construed to affect the Debts, Rights, or Claims of any Creditor under such first-recited Act, or under such Local Act or Acts; and the Officers appointed under and employed in the Execution of such first-recited Act and of such Local Act or Acts shall continue to exercise their Offices until they are respectively superseded or legally removed therefrom under the Authority of this Act. CCCLXXXIX. And be it enacted, That no Jurisdiction conferred by this Act shall be held to exclude the Jurisdiction of any Court of Guild, where the Case shall, in the first instance, have been brought before or taken up by such Court of Guild. CCCXC. And be it enacted, That any of the Enactments of this Act may be incorporated, in whole or in part, with any Act to be passed in the present or any future Session of Parliament; and for the Purpose of incorporating Part only of this Act with any Act hereafter to be passed, it shall be sufficient to describe the Clauses of this Act with respect to any Matter in the Words introductory to the Enactment with respect to such Matter, and to enact that the Clauses so described, or that this Act, with the Exception of the Clauses so described, shall be incorporated with such Act, and thereupon all the Clauses of this Act so incorporated shall, save so far as they are expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates. CCCXCI. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. SCHE SCHEDULES to which this Act refers. SCHEDULE (A.) NOTICE is hereby given, That in virtue of the Powers contained in an Act passed in the Year of the Reign of Her Majesty Queen Victoria, intituled "An Act" [specify this Act], the Occupiers of Premises in the Burgh of [or, where the Boundaries have been ascertained by Proceedings under this Act, within the Boundaries following, viz., repeat them as in the recorded Deliverance of the Sheriff,] of the real yearly Rent or Value of £10 or upwards, are hereby required to meet upon the next, at of the Clock, within Day of when the said Act shall be laid before the Meeting, with the view of adopting it in whole or in part. the Dated at Day of (Signed) 18 E.F., Chief or Senior Magistrate, SCHEDULE (B.) be]. Form of the Book to be used at the Meeting for resolving whether this Act shall come into operation. Form of the Book to be used in the Election of Commissioners. Names and Designations of Commissioners 12 & 13 Vict. c. 47. Acts for mak. ing, &c. Turn pike Roads in Ireland which will expire on 31st July 1850, &c. further continued. Nothing in this to Acts 7 & 8 G. 4. c. lxvi. ; 6 W CA P. XXXIV. An Act to continue certain Acts for regulating Turnpike II. Provided always, and be it enacted, That nothing herein contained shall apply or extend to an Act of the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, intituled An Act for repairing and improving the Road from Dublin, by Ashbourne, to Slane and Drogheda, or to an Act passed in the Ninth Year of the Reign of King George 9 G. 4. c. lxxx.; the Fourth, intituled An Act for more effectually repairing and improving the Road leading from Lisburn in the County of Antrim to the Town of Monaghan, or to an Act of the First and Second Years of the Reign of King George the Fourth, intituled An Act for repairing the Road from the Town of Athy in the County of Kildare, through the Town of Castlecomer in the County of Kilkenny, to the City of Kilkenny, and from the Town of Castlecomer to the Town of Leighlin Bridge in the County of Carlow, and from the Town of Carlow to the said Town of Castlecomer. or 1 & 2 G. 4. c. xxxviii. Act may be amended, &c. III. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. САР. CA P. XXXV. An Act to diminish the Delay and Expense of Proceedings in the High Court of Chancery in England. [15th July 1850.] WHEREAS Proceedings in the High Court of Chancery in England are attended with great Delay and Expense, which it is expedient to diminish: 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 it shall be lawful for Persons interested or claiming to Power to Perbe interested in any Question cognizable in the said Court as to sons interested in Questions the Construction of any Act of Parliament, Will, Deed, or other cognizable in Instrument in Writing, or any Article, Clause, Matter, or Thing Court of Chantherein contained, or as to the Title or Evidence of Title to any cery to state Real or Personal Estate contracted to be sold or otherwise dealt Special Cases with, or as to the Parties to or the Form of any Deed or Instru- for the Opinion ment for carrying any such Contract into effect, or as to any other of the Court. Matter falling within the original Jurisdiction of the said Court as a Court of Equity, or made subject to the Jurisdiction or Authority of the said Court by any Statute not being One of the Statutes relating to Bankrupts, and including among such Persons all Lunatics, married Women, and Infants, in the Manner and under the Restrictions herein-after contained, to concur in stating such Question in the Form of a Special Case for the Opinion of the said Court, and it shall also be lawful for all Executors, Administrators, and Trustees to concur in such Case. II. And be it enacted, That the Committee of the Estate of How Lunatic any Lunatic interested or claiming to be interested in any such may concur. Question as aforesaid may, after having been authorized in that Behalf by the Lord Chancellor, concur in such Case in his own Name and in the Name and on the Behalf of the Lunatic. III. And be it enacted, That a Husband interested or claiming How married to be interested in right of his Wife in any such Question as Women may aforesaid may concur in such Case in his own Name and in the concur. Name of his Wife where the Wife has no Claim to any Interest distinct from her Husband, and that a married Woman having or claiming any Interest in any such Question as aforesaid distinct from her Husband may in her own Right concur in such Case, provided that her Husband also concurs therein. IV. And be it enacted, That the Guardian of any Infant How Infant interested or claiming to be interested in any such Question as may concur, aforesaid may concur in such Case in the Name and on the Behalf of the Infant, unless such Guardian has an Interest in such Question adverse to the Interest of the Infant therein. How special Guardian to be appointed for a V. And be it enacted, That it shall be lawful for the said Court, by Order to be made in the Matter of any Lunatic not found such by Inquisition, or, in the Matter of any Infant, upon the Application of any Person on the Behalf of such Lunatic, or upon the Application of such Infant, by Motion or Petition, to appoint any Commission, Person shown by Affidavit to be a fit Person, and to have no and for Infant. Interest adverse to the Interest of the Lunatic or Infant, to be the 13 & 14 VICT. Р special Lunatic not found such by XX Order to appoint special without Notice. special Guardian of such Lunatic or Infant for the Purpose of concurring in such Case in the Name and on behalf of the Lunatic or Infant, and any such Person so appointed may lawfully so concur Provided always, that it shall be lawful for the said Court to require Notice of such Application to be given to such Person, if any, as the Court shall think fit. VI. And be it enacted, That in any Case in which any such Order as aforesaid shall have been made by the said Court in the Guardian of an Matter of any Infant without Notice to the Guardian of the Infant may be discharged by Infant, it shall be lawful for the said Court, if it shall think fit so Court if made to do, to discharge such Order, upon the Application of such Guardian, by Motion or Petition; and the said Court, if it shall think fit, may thereupon appoint some other fit Person to be the special Guardian of such Infant for the Purpose of such Special Case, and may also give such Directions as may be necessary for substituting in such Special Case either the Name of the Guardian so applying, or of the special Guardian so appointed in lieu of the Name of the special Guardian so displaced: Provided always, that the Discharge of any Order appointing a special Guardian shall not invalidate anything which shall in the meantime have been done by such special Guardian, unless the Court shall, upon Notice to all Parties, specially so direct. How such Special Cases to be entitled. Form of Special To state how married Women. To be signed by Counsel, and filed, and Ap pearances to be entered by Defendants. VII. And be it enacted, That every such Special Case shall be entitled as a Cause between some or one of the Parties interested or claiming to be interested as Plaintiffs or Plaintiff, and the others or other of them as Defendants or Defendant; and that in the Title to such Cases Lunatics and Infants shall be described as such, and their Committees, Guardians, or special Guardians named; and that where in any such Case a married Woman is named as a Plaintiff and her Husband as a Defendant thereto, a next Friend of such married Woman shall be named in the Title to such Case. VIII. And be it enacted, That every such Special Case shall concisely state such Facts and Documents as may be necessary to enable the Court to decide the Question raised thereby; and that upon the Hearing of such Case the Court and the Parties shall be at liberty to refer to the whole Contents of such Documents; and the Court shall be at liberty to draw from the Facts and Documents stated in any such Special Case any Inference which the Court might have drawn therefrom if proved in a Cause. IX. And be it enacted, That every such Special Case to which an Infant or Lunatic is a Party by his Guardian or special Guardian shall also state how such Guardian or special Guardian was constituted; and that where any married Woman having or claiming any Interest distinct from her Husband is a Party to such Case, it shall be stated therein that she concurs in such Case in her own Right. X. And be it enacted, That every such special Case shall be signed by Counsel for all Parties, and shall be filed in the same Manner as Bills are filed, and that the Defendants may appear thereto in the same Manner as Defendants appear to Bills; and that no Defendant shall be required to take an Office Copy of a Special Case, but an Office Copy thereof shall be taken by the Plaintiff. XI. And |