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Provisions of an Act of the Ninth Year of the Reign of Her present Majesty, intituled "An Act to authorize Grand Juries in "Ireland, at the Spring Assizes of the present Year, to appoint "Extraordinary Presentment Sessions; to empower such Sessions "to make Presentment for County Works; and to provide Funds "for the Execution of such Works; and also to provide for the more prompt Payment of Contractors for Works under Grand Jury Presentments in Ireland," and under another Act of the present Session amending the same; you shall not present nor allow nor disallow any Matter or Thing through Hatred or Illwill, nor through Fear, Favour, or Affection.

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CA P. LXXII.

So help you GOD.

An Act to amend the Act for Marriages in Ireland, and for registering such Marriages.

[26th August 1846.]

WHEREAS an Act was passed in the Session of Parliament

holden in the Seventh and Eighth Years of the Reign of

Ireland between

'Her present Majesty, intituled An Act for Marriages in Ireland, 7 & 8 Vict. and for registering such Marriages: And whereas it is expedient c.81. to amend the Provisions of the same in respect of Marriages of Parties, One of whom may reside in England or Scotland: 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 in any Case of a Marriage Marriages inintended to be solemnized in Ireland between Parties One of whom tended to be shall be resident in England, such Party so resident in England solemnized in shall give Notice in the Form used in England in that Behalf, or Parties One of to the like Effect, to the Superintendent Registrar of the District whom resides in within which such Party shall have dwelt for not less than Seven England, NoDays then next preceding, and shall state therein the Name and tice of the same Surname and the Profession or Condition of each of the Parties to be given to intending Marriage, the Dwelling Place of each of them, and the Superintendent Registrar of the Time, not being less than Seven Days, during which each has District in Engdwelt therein, and the Church or other Building in which the land within Marriage is to be solemnized, provided that if either Party shall which the have dwelt in the Place stated in the Notice more than One Calendar Month, it may be stated therein that he or she hath dwelt there One Month and upwards; and such Notice shall be dealt with in such Manner, and such Certificate shall be given by such Registrar in such Manner, as is prescribed in an Act of the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, intituled An Act for Marriages in England, 6&7 W. 4. c. 85. provided that in such Case such Certificate shall not be issued before the Expiration of Seven Days from the Entry of such Notice as aforesaid; and from and after the Expiration of Seven Days from the issuing of such Certificate the Production of the same to the Person duly authorized under the Provisions of the said first-recited Act to grant a Licence for Marriage in such Case shall be as valid and effectual to all Intents and Purposes for authorizing such Person to grant a Licence for Marriage, and such Certificate

Party resides Seven Days preceding, &c.

If One Party
shall be resident
in Scotland, a
Certificate of
the Banns
having been
published in the
Congregation
of which the
Party is a

Certificate shall be as valid and effectual for all other Purposes under the Provisions of the said first-recited Act as any Certificate of a Registrar of a District in Ireland would be under the said Act if such Party giving such Notice were resident within such District in Ireland, and the other Party to such intended Marriage were also resident within another Registrar's District in Ireland.

II. And be it enacted, That in the Case of a Marriage intended to be solemnized in Ireland between Parties One of whom shall be resident in Scotland, it shall be lawful for such Party to obtain from the Minister of the Congregation in Scotland of which he or she shall be a Member for at least One Calendar Month preceding a Certificate under his Hand that Banns of such intended Marriage of such Parties have been duly published or proclaimed in such Congregation on Three several Sundays; and from and after the Member to be Expiration of Seven Days from the granting of such Certificate the Production of such Certificate to the Person duly authorized in Ireland under the Provisions of the said first-recited Act to grant a Licence for Marriage in such Case shall be as valid and effectual to all Intents and Purposes for authorizing such Person to grant a Licence for Marriage, and such Certificate shall be as valid and effectual for all other Purposes under the Provisions of the said recited Act as any Certificate of a Registrar of a District in Ireland would be under the said Act if such Party giving such Notice were resident within such District in Ireland, and the other Party to such intended Marriage also were resident within another Registrar's District in Ireland.

obtained from the Minister.

Places having no Parish Church, &c., and Extraparochial Places having no

Chapel wherein Marriages may be solemnized, to be deemed,

of this Act only, to belong to an adjoining Parish.

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III. And whereas it is by the said Act, amongst other things, ' provided, that no Surrogate or other Person having Authority to 'grant any Licences for Marriages shall grant any Licence for Marriage, not being a Special Licence, until Seven Days after 'Notice shall have been given by one of the Parties who shall have resided for not less than Seven Days then next preceding ' in the Parish named in that Notice, under his or her Hand, in the Form therein mentioned, to such Surrogate or other Person for the Purpose having Authority to grant Licences as aforesaid, which Notices ' he shall file and keep with the Records of his Office, and that 'such Surrogate or other Person shall forthwith send a Copy of " such Notice to the Incumbent or Incumbents of the Parish or 'Parishes in which the Parties intending Marriage dwell: And 'whereas certain Parishes in Ireland have no Parish Church or Chapel belonging thereto, or no Church or Chapel where Divine Service is usually solemnized every Sunday, and certain Places are extra-parochial; and it is expedient to make Provision for 'such Cases, and other Cases, as herein-after mentioned:' Be it enacted, That all Parishes where there shall be no Parish Church or Chapel belonging thereto, or none wherein Divine Service shall be usually solemnized every Sunday, and all Extra-parochial Places whatever having no public Chapel wherein Banns may be lawfully published or Marriage celebrated, shall be deemed and taken to belong to any Parish or Chapelry having such Church or Chapel next adjoining, for the Purposes of the said recited and this Act only; and where Banns shall be published in any Church or Chapel of any Parish or Chapelry adjoining to any such Parish or Chapelry where there shall be no Church or Chapel, or none wherein

6

wherein Divine Service shall be solemnized as aforesaid, or to any Extra-parochial Place as aforesaid, the Parson, Vicar, Minister, or Curate publishing such Banns shall, in Writing under his Hand, certify the Publication thereof, and act in all Things in the same Manner as if either of the Persons to be married had dwelt in such adjoining Parish or Chapelry.

IV. And be it enacted, That if the Church of any Parish, or When Parish Chapel of any Chapelry, wherein Marriages may have been usually Church is in solemnized, be in Ruins, or be demolished in order to be rebuilt, Ruins, &c., Banns may be or for any other Cause, or be under Repair, and on such Account proclaimed and or for any other Reason be disused for Public Service, it shall be Marriages lawful for Banns to be proclaimed and Marriages to be celebrated celebrated in an in a Church or Chapel of any adjoining Parish or Chapelry in adjoining which Banns are usually proclaimed or Marriage is usually cele- Parish, &c. brated, or in any Place within the Limits of the Parish or Chapelry which shall be licensed by the Ordinary of the Diocese for the Performance of Divine Service, during or by Reason of the Repair or Rebuilding or Disuse of the Church as aforesaid; and where no such Place shall be so licensed, then during such Period as aforesaid the Marriage may be solemnized in the adjoining Church or Chapel wherein the Banns have been proclaimed, or which shall have been specified in the Licence; and all Marriages heretofore solemnized in other Places within the said Parishes or Chapelries than the said Churches or Chapels on account of their being in Ruins, under Repair, or demolished, or taken down in order to be rebuilt, or for any other Cause, shall not be liable to have their Validity questioned on that Account, nor shall the Ministers who have so solemnized the same be liable to any Ecclesiastical Censure, or to any other Proceeding or Penalty whatsoever.

V. 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.

CA P. LXXIII.

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An Act further to amend the Acts for the Commutation of
Tithes in England and Wales.

[26th August 1846.]

HEREAS an Act was passed in the Session of Parlia-
ment held in the Sixth and Seventh Years of the Reign

' of His late Majesty King William the Fourth, intituled An Act 6&7 W. 4.
for the Commutation of Tithes in England and Wales, and the c.71.
said Act has been amended, and the Provisions thereof have
'been extended, by Acts passed in the Sessions of Parliament
held in the First Year, the Second and Third Years, the Third
Year, and the Fifth and Sixth Years of the Reign of Her present
Majesty And whereas an Act was passed in the Session of
'Parliament held in the First and Second Years of Her present
Majesty, intituled An Act to facilitate the Merger of Tithes in 1 & 2 Vict.
Land: And whereas it is expedient that the said Acts should c. 64.
'be amended as herein-after mentioned:' Be it enacted by the
Queen's most Excellent Majesty, by and with the Advice and

Consent

owners to re-
deem a Rent-

portioned

where the
Amount does
not exceed

Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the Power to Land- same, That where, under any Agreement or Award which has been or hereafter shall be confirmed by the Commissioners, the Amount of the Rent-charge agreed or awarded to be paid instead of the charge not ap- Tithes of any Parish shall not exceed the Sum of Fifteen Pounds, and shall not have been apportioned, or the Apportionment of such Rent-charge shall not have been confirmed by the Commissioners, it shall be lawful for the Owners of the Land chargeFifteen Pounds. able therewith, or any of them, with the Consent of the Person or Persons for the Time being entitled to the Receipt thereof, or, in the Case of an Infant, Feme Covert, or Lunatic, with the Consent of the Guardian, Husband, or Committee of the Estate of the Person so under Disability, to redeem such Rent-charge on Payment, in manner herein-after mentioned, (within such Time as the Commissioners shall in each Case limit in this Behalf,) of a Sum of Money not less than Twenty-four Times the Amount of such Rent-charge.

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Upon Payment II. And be it enacted, That in every Case in which any such
of the Consider- Rent-charge, not exceeding Fifteen Pounds as aforesaid, has been
ation Money,
or shall be awarded to be paid, the Commissioners shall give
Commissioners
to certify that
Notice, in such Manner as they shall think fit, of the Time within
the Parish is which it shall be lawful for the Owners of the Land charged
discharged of therewith, or any of them, to redeem such Rent-charge; and when
Tithes.
it shall appear to the Commissioners that the Consideration Money
for the Redemption of such Rent-charge as aforesaid shall have
been paid, according to the Provisions of this Act, within the Time
limited by them in this Behalf, or within any enlarged Time which
the Commissioners may by any Order under their Hands and
Seal allow for that Purpose, no Apportionment of the Rent-
charge shall be made, but the Commissioners shall, by a Cer-
tificate under their Hands and Seal, certify that such Rent-charge
has been redeemed, and that the Parish is discharged of such
Rent-charge, and of the Tithes in lieu of which such Rent-charge
was agreed or awarded to be paid, as from such Time as the
Commissioners shall think reasonable and declare, and such Parish
shall be thenceforth discharged according to the Terms of such
Certificate.

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350

Power to re-
deem Rent-

charge errone-
ously appor
tioned on Lands
not chargeable

therewith.

III. And be it enacted, That in every Case in which, by any Instrument of Apportionment confirmed under the Provisions of the said Acts, any Rent-charge or Portion of Rent-charge has been or shall have been (by reason of Error as to Boundary or otherwise) charged on Lands not within the Parish in respect of the Tithes of which the aggregate Rent-charge the Apportionment of which shall have been so confirmed was agreed or awarded to be paid, such Rent-charge or Portion of Rent-charge so charged on Lands not within the Parish shall be redeemable on Payment by the Owners of the Lands charged with the Residue of such aggregate Rent-charge, or any of them, of a Sum of Money equal to Twenty-four Times the Amount of the Rent-charge or Portion of Rent-charge hereby made redeemable, and it shall be lawful for the Commissioners before they shall proceed to direct a new Ap. portionment to give Notice that the Rent-charge or Portion of

Rent

Rent-charge so erroneously apportioned on Lands not within the Parish may be redeemed, under the Provisions of this Act, within a Time in such Notice to be limited in this Behalf.

IV. And be it enacted, That when it shall appear to the Com- After Redempmissioners that the Consideration Money for the Redemption of tion of the the Rent-charge or Portion of Rent-charge so charged by such Rent-charge Instrument of Apportionment on Lands not within the Parish erroneously apportioned, the shall have been paid, according to the Provisions of this Act, Apportionment within the Time which shall have been limited by the Commis- of the Remainsioners in this Behalf, or within any enlarged Time which the der to be valid. Commissioners may by Order under their Hands and Seal allow for that Purpose, and that the Arrears thereof (if any) have been paid, the Commissioners shall under their Hands and Seal certify that such Rent-charge or Portion of Rent-charge has been redeemed, and thenceforth, except as respects the Lands so erroneously charged, and the Rent-charge or Portion of Rent-charge apportioned thereon, the Apportionment and Charges made by such Instrument of Apportionment shall be valid and effectual in such and the same Manner as if the aggregate Rent-charge had originally consisted only of the Sum of the Portions charged on the Lands within the Parish, and had been apportioned on such Lands, and no others, in the Portions in the Instrument of Apportionment expressed.

Amount, may

V. And be it enacted, That in every Case in which, under Separate Rentany confirmed Instrument of Apportionment or any altered Appor- charges, not extionment under the Powers of the said Acts, the whole Amount ceeding Twenty of the Rent-charge or separate Portion of Rent-charge with which Shillings in the Lands of any Owner shall be charged in respect either of all be redeemed Tithes or of any Kind of Tithes payable to separate Tithe-owners after Apporshall be a Sum not exceeding Twenty Shillings, it shall be lawful tionment. for such Owner at his Option, and with the Consent of the Person or Persons for the Time being entitled to the Receipt thereof, or, in the Case of an Infant, Feme Covert, or Lunatic, with the Consent of the Guardian, Husband, or Committee of the Estate of the Person so under Disability, at any Time to redeem such Rent-charge or separate Portion of Rent-charge on Payment, according to the Provisions of this Act, of such a Sum of Money as shall be not less than Twenty-four Times the Amount of the Rent-charge or Portion of Rent-charge; and after Payment of such Consideration Money according to the Provisions of this Act the Commissioners shall certify that such Rent-charge or Portion of Rent-charge has been redeemed, and the same, from and after the Payment of the half-yearly Portion of such Rent-charge or Portion of Rent-charge which shall next accrue due subsequently to the Time of the Payment of such Consideration Money, shall cease and be extinguished; Provided always, that no such Re- Extraordinary demption as last aforesaid shall extinguish or affect any extra- Charge not to ordinary Rent-charge which would become payable in respect of be affected. such Land upon any Change of the Cultivation thereof.

VI. And be it enacted, That in every Case in which a Rent- Commissioners charge is redeemable under the Provisions of this Act, the Com- to certify the missioners shall, upon the Request of the Owners of Land charge- Amount of able with such Rent-charge or any of them, certify under the Hands and Seal of the Commissioners the Sum of Money in Redemption. 9 & 10 VICT.

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