rant or Warrants any such Monies, or issue any separate Warrant or Warrants for the same, whether any Presentment shall or shall not have been made in relation thereto; and in case before the passing of this Act, or before the Receipt of such Order of the Commissioners of Her Majesty's Treasury, any separate Warrant of such Treasurer or Finance Committee for any such Monies, or any Warrant of such Treasurer or Finance Committee including such Monies, shall have been issued after the Spring Assizes or Presenting Term of the Year One thousand eight hundred and fifty, such Treasurer or Finance Committee shall issue to the respective High Constables and Collectors of Grand Jury Cess whom it may concern Orders, as the Case may require, revoking such separate Warrant, or directing such High Constables or Collectors respectively to abate and abstain from collecting such Part of the Sum for which any Warrant may have been so issued as may have been inserted therein in respect of the Monies mentioned in the said Order of the Commissioners of Her Majesty's Treasury, specifying, as to the respective Townlands and Districts, the respective Amounts of the Abatement to be made, and such High Constables and Collectors shall proceed in accordance with such Orders: Provided always, that all Instalments of any Workhouse Loan, and all Monies of which the Recovery, levying, and raising respectively shall be suspended as aforesaid, and all Arrears (if any) in respect of the same Debts and Liabilities, shall be included in the Account to be taken as aforesaid of the Debts and Liabilities of the County, County of a City, County of a Town, Barony, Half Barony, Union, Electoral Division, or other District in which the same would have been levied and raised if this Act had not been passed. IX. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in the present Session of amended, &c. Parliament. CAP. XV. An Act to authorize the Establishment of Courts of Her Majesty Court of Ap peal for any of the Islands comprised in the Commission of the Governor of Antigua, on due Provision being made for the Establish 13 VICT. the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in case it appear to Her Majesty that by any Act or may establish a Acts already passed or hereafter to be passed by the Legislatures of the Colonies of Antigua, Saint Christopher, and Dominica, or of the other Colonies now comprised in the Commission of the Governor of Antigua, or by any of such Legislatures, and confirmed by Her Majesty with the Advice of Her Privy Council, due Provision has been made for the Establishment and Maintenance of such Court of Appeal as herein-after mentioned, and for defining the Jurisdiction of such Court in re lation to the Colony or Colonies for which such Act or Acts may be passed, it shall be lawful for Her Majesty, by any Order to be by Her made with the Advice of Her Privy Council, to erect and establish for and in relation to the Colony or Colonies for which such Act or Acts may be passed a Court of Appeal, to consist of such Judge or Judges and to have such ministerial or other Officers thereof as by such Act or Acts may be provided; and such Court shall hold its Sittings in such Place or Places within the said Colonies or any of them, and at such Times, and shall have such Jurisdiction for the hearing and determining of such Appeals from Judgments, Decrees, Orders, and Rules, and other Determinations of all or any of the Courts of such Colony or Colonies, as by such Act or Acts may be provided. ment and Maintenance of such Courts. Her Majesty peal for all or any of the Islands comprised in the Commission of Barbadoes. II. And be it enacted, That in case it appear to Her Majesty may establish a that by any Act or Acts to be passed by the Legislatures of Court of Apthe Colonies now comprised in the Commission of the Governor of Barbadoes, or any of such Legislatures, and confirmed by Her Majesty with the Advice of Her Privy Council, due Provision has been made for the Establishment and Maintethe Governor of nance of such Court of Appeal as herein-after mentioned, and for defining the Jurisdiction of such Court in relation to the Colony or Colonies for which such Act or Acts may be passed, it shall be lawful for Her Majesty, by any Order to be by Her made with the Advice of Her Privy Council, to erect and establish for and in relation to the Colony or Colonies for which such Act or Acts may be passed a Court of Appeal, to consist of such Judge or Judges and to have such ministerial or other Officers thereof as by such Act or Acts may be provided; and such Court shall hold its Sittings in such Place or Places within the said Colonies or any of them, and at such Times, and shall have such Jurisdiction for the hearing and determining of such Appeals from Judgments, Decrees, Orders, and Rules, and other Determinations of all or any of the Courts of such Colony or Colonies, as by such Act or Acts may be provided. Jurisdiction of Court may be extended over III. And be it enacted, That in case, by reason of due Provision for the Purposes herein-before mentioned not having been made by such Acts as aforesaid in relation to all the Colonies originally sub- now comprised in the Commission of the Governor of Antigua, or in relation to all the Colonies now comprised in the Com the Islands not ject to it. mission mission of the Governor of Barbadoes, a Court of Appeal shall have been established by such Order as aforesaid for some only of the Colonies comprised in either of the said Governments, and due Provision shall be afterwards made by Act or Acts to be passed by the Legislature or Legislatures of any other or others of the said Colonies now comprised in the same Commission, and confirmed by Her Majesty as aforesaid, for giving to such Court Jurisdiction in relation to such Colony or Colonies or any of them, and for defining such Jurisdiction, and for contributing to the Maintenance of such Court, it shall be lawful for Her Majesty, by Order made with such Advice as aforesaid, to extend the Jurisdiction of such Court in relation to the Colony or Colonies in which such Act or Acts may be passed accordingly. cised under beyond the Limits of a IV. And be it enacted, That the Jurisdiction and Authority Jurisdiction expressed to be given to any Court of Appeal to be established may be exerunder this Act in relation to any of the said Colonies by any Acts of ColoAct or Acts passed by the Legislature of such Colony, and nial Legislature confirmed by Her Majesty as aforesaid, and all Jurisdiction and by the Courts Authorities given to such Court by any such Order in Council when sitting as aforesaid in relation to such Colony, in accordance with any such Act or Acts as aforesaid, may, notwithstanding the Establishment of such Court, or the holding of the Sittings thereof, beyond the local Limits of such respective Colony, be exercised as fully and effectually, and the Provisions of such Acts and Orders in Council in relation thereto shall have the same Force and Effect, as if the same had been given and enacted by Parliament. Colony. by Acts of V. Provided always, and be it enacted, That it shall be lawful Jurisdiction for the respective Legislatures of the several Colonies in relation may be varied to which any Court of Appeal established under this Act may Colonial Legishave Jurisdiction, from Time to Time, by any Act or Acts con- lature. firmed by Her Majesty as aforesaid, to extend, restrict, or vary, in relation to such respective Colony and the Courts thereof, the Jurisdiction of such Court of Appeal. VI. And be it enacted, That it shall and may be lawful for Appeal to Her Her Majesty, by any such Order or Orders of Her Majesty in Majesty in Council as aforesaid, or by any other Order or Orders in Council Council. to be made in that Behalf, to allow any Person or Persons feeling aggrieved by any Judgment, Decree, Order, or Sentence of the said Courts of Appeal respectively to appeal therefrom to Her Majesty in Council, in such Manner, within such Time, and under and subject to such Rules, Regulations, and Limitations as Her Majesty by such Order or Orders in Council respectively shall appoint and prescribe. VII. And be it enacted, That nothing in this Act shall be 6 & 7 W. 4. construed to interfere with or prevent the Operation of an Act c. 17. not to be passed in the Sixth Year of King William the Fourth, intituled affected. An Act to make Provision for the better Administration of Justice in certain of His Majesty's West India Colonies. VIII. And be it enacted, That this Act may be amended Act may be or repealed in this present Session of Parliament. K 4 САР. amended, &c. CAP. XVI. 3&4 W.4.c.42. 1 & 2 Viet. c. 100. Judges of the Superior Courts may make Rules or An Act to enable the Judges of the Courts of Common Law at Westminster to alter the Forms of Pleading. [31st May 1850.] WHEREAS by an Act of the Fourth Year of King William the Fourth, and an Act of the Second Year of Her Majesty, Powers were given to the Judges of the Superior Courts of Common Law at Westminster to make (within • Periods which have expired) Alterations in the Forms of Pleading: And whereas it is desirable that Powers should be given to the said Judges, within such Time and under such Limitations as herein-after expressed, to make such further Alterations in Pleadings as they may deem expedient, and such other Alterations as herein-after mentioned:' 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 the Judges of the said Superior Courts, or any Eight or more of them, of whom the Chiefs of each of the said Courts shall be Three, shall and may, Orders for al- by any Rule or Order to be from Time to Time by them made tering the Mode in Term or Vacation, at any Time within Five Years after the of pleading, &c. in Actions at passing of this Act, make such Alterations in the Mode of Law. pleading in the said Courts, and in the Mode of entering and transcribing Pleadings, Judgments, and other Proceedings in Actions at Law, and in the Time and Manner of objecting to Errors in Pleadings and other Proceedings, and in the Mode of verifying Pleas and obtaining final Judgment without Trial in certain Cases, and such Regulations as to the Payment of Costs, and otherwise for carrying into effect the said Alterations, as to them may seem expedient; and all such Rules, Orders, or Regulations shall be laid before both Houses of Parliament, if Parliament be then sitting, immediately upon the making of the same, or if Parliament be not sitting, then Such Rules or within Five Days after the next Meeting thereof; and no such Rule, Order, or Regulation shall have Effect until Three Months after the same shall have been so laid before both Houses of Parliament; and any Rule, Order, or Regulation so made shall, from and after such Time aforesaid, be binding and obligatory on the said Courts and all other Courts of Common Law, and on all Courts of Error into which the Judgments of the said Courts or any of them shall be carried by any Writ of Error, and be of the like Force and Effect as if the Provisions contained therein had been expressly enacted by Parliament: Provided always, that it shall be lawful for the Queen's most Excellent Majesty, by any Proclamation inserted in the London Gazette, or for either of the Houses of Parliament by any Resolution passed at any Time within Three Months next after such Rules, Orders, and Regulations shall have been laid before Parliament, to suspend the whole or any Part of such Rules, Orders not to be valid until Three Months after being laid before Parlia ment; and may previously be declared suspended by Procla mation or Re solution. Orders, Orders, or Regulations, and in such Case the whole, or such CAP. XVII. An Act to amend an Act of the last Session of Parliament for granting Relief against Defects in Leases made under Powers of Leasing. [31st May 1850.] WHEREAS an Act was passed in the last Session of Par- 12& 13 Vict. liament, "for granting Relief against Defects in Leases c. 26. “made under Powers of Leasing in certain Cases;" and by 12 & 13 Vict. another Act of the same Session the Operation of the said c. 110. 'first-recited Act was suspended until the First Day of June 'One thousand eight hundred and fifty: And whereas it is expedient that the said first-recited Act should be amended:' 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 so much of the said 12 & 13 Vict. first-recited Act as enacts that the Acceptance of Rent under c. 26. § 3. repealed. any such invalid Lease as therein mentioned shall, as against the Person accepting the same, be deemed a Confirmation of such Lease, shall be repealed. II. And be it enacted, That where, upon or before the Ac- Where there ceptance of Rent under any such invalid Lease, as in the said is a Note in Writing showfirst-recited Act mentioned, any Receipt, Memorandum, or Note ing Intent to in Writing, confirming such Lease, is signed by the Person confirm, Acaccepting such Rent, or some other Person by him thereunto ceptance of lawfully authorized, such Acceptance shall, as against the Person deemed a Conso accepting such Rent, be deemed a Confirmation of such Lease. firmation. Rent to be confirm, Lessee III. And be it enacted, That where during the Continuance Where Reverof the Possession taken under any such invalid Lease, as in the sioner is able said first-recited Act mentioned, the Person for the Time being and willing to entitled (subject to such Possession as aforesaid) to the Here- to accept Conditaments comprised in such Lease, or to the Possession or the firmation. Receipt of the Rents and Profits thereof, is able to confirm such Lease without Variation, the Lessee, his Heirs, Executors, or Administrators, (as the Case may require,) or any Person who would have been bound by the Lease if the same had been valid, shall, upon the Request of the Person so able to confirm the same, be bound to accept a Confirmation accordingly; and such Confirmation may be by Memorandum or Note in Writing, signed by the Persons confirming and accepting respectively, or by some other Persons by them respectively thereunto lawfully authorized; and after Confirmation and Acceptance of Confirmation such Lease shall be valid, and shall be deemed to have had from the granting thereof the same Effect as if the same had been originally valid. IV. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, &c. САР. |