Act may be amended, &c.

12 VICT. forth in the Schedule to this Act annexed; which Accounts shall be laid before Parliament within Ten Days after the first Sitting of Parliament next after the Thirty-first Day of December

in each of the said Years.

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 And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.

CAP. XXV.

An Act for giving effect to the Stipulations of a Treaty between Her Majesty and the Queen of Portugal for the Apprehension of certain Deserters.

6

66

66

[26th June 1849.]

WHEREAS by the Sixteenth Article of a Treaty of Commerce and Navigation between Her Majesty and the Queen of Portugal, signed at Lisbon on the Third Day of July One thousand eight hundred and forty-two, the Ratifications whereof were exchanged at Lisbon on the Thirtieth Day of the same Month, it was agreed "that if any Apprentices or "Sailors should desert from Vessels belonging to the Sub"jects of either of the High Contracting Parties while such "Vessels were within any Port in the Territory of the other Party, the Magistrates of such Port and Territory should "be bound to give every Assistance in their Power for the ""Apprehension of such Deserters, on Application to that "Effect being made by the Consul of the Party concerned or "by the Deputy or Representative of the Consul, and no public Body, civil or religious, should protect or harbour ""such Deserters;" and by the Nineteenth Article of the said Treaty it was further agreed, "that the said Treaty should "be in force for the Term of Ten Years from the Date "thereof, and further until the End of Twelve Months after "either of the High Contracting Parties should have given "Notice to the other of its Intention to terminate the same, "each of the High Contracting Parties reserving to itself the Right of giving such Notice to the other at the End of the "said Term of Ten Years, or at any subsequent Time; and "it was thereby agreed between them that at the Expiration "of Twelve Months after such Notice should have been re"ceived by either Party from the other the said Treaty and "all the Provisions thereof should altogether cease and deter"mine:" And whereas it is expedient that Provision should be made for carrying the said Treaty into effect:' 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 case any Apprentice or Deserters from Sailor shall desert from any Vessel belonging to any Portuguese Portuguese Subject or Subjects while such Vessel shall be within any Port Vessels to be apprehended on in any of Her Majesty's Dominions, or the Territories under Application of the Government of the East India Company, all Justices of the Consul. Peace and other Magistrates and Officers of Justice within their several Jurisdictions shall, on Application being made by a Portuguese Consul, or his Deputy or Representative, according to the Provisions of the said Treaty, aid in apprehending such Apprentice or Sailor; and upon any such Application it shall

be

Penalty for protecting De

serters.

be lawful for any Justice of the Peace, or other Magistrate or Person having Power to commit for Trial Persons accused of Crimes against the Laws of that Part of Her Majesty's Dominions or Territories in which such Apprentice or Sailor shall be found, to issue his Warrant for the Apprehension of such Apprentice or Sailor, and, upon due Proof of such Desertion as aforesaid, to order such Apprentice or Sailor to be conveyed on board the said Vessel, or to be delivered to the Master, Mate, or Owner of such Vessel, or his Agent, for the Purpose of being so conveyed; and it shall be lawful for such Master, Mate, Owner, or Agent, or any other Person, in pursuance of the Order in that Behalf, to convey such Apprentice or Sailor accordingly.

II. And be it enacted, That no Person shall protect or harbour any Apprentice or Sailor who shall have deserted as aforesaid, knowing or having Reason to believe such Apprentice or Sailor to have so deserted; and every Person so offending shall for every such Apprentice or Seaman so protected or harboured forfeit and pay the Sum of Ten Pounds; and such Penalty shall be recovered, paid, and applied in like Manner as the Penalty imposed by an Act passed in the Eighth Year of Her Majesty, 7&8 Vict.c.112. intituled An Act to amend and consolidate the Laws relating to

Limits of the
Act.

Continuance of the Act.

Merchant Seamen, and for keeping a Register of Seamen, upon a Person harbouring or secreting a Seaman or Apprentice having deserted from his Ship; and the Provisions of such Act applicable to such last-mentioned Penalty, and to the Proceedings for the Recovery thereof, shall be applicable to the Penalty imposed by this Act, and to the Proceedings for the Recovery

thereof.

III. And be it enacted, That if by any Law or Ordinance to be hereafter made by the local Legislature of any British Colony or Possession abroad Provision shall be made for carrying into complete Effect within such Colony or Possession the Objects of this present Act by the Substitution of some other Enactment in lieu thereof, then it shall be competent to Her Majesty, with the Advice of Her Privy Council, (if to Her Majesty in Council it shall seem meet, but not otherwise, to suspend the Operation within any such Colony or Possession of this present Act, so long as such substituted Enactment shall continue in force there, and no longer.

IV. And be it enacted, That this Act shall continue in force during the Continuance of the said Treaty.

CAP.

CAP. XXVI.

An Act for granting Relief against Defects in Leases made under Powers of Leasing, in certain Cases.

[26th June 1849.]

Article in Lave Revie

on

WHEREAS through Mistake or Inadvertence on the Part Seltements of Persons granting Leases, and through Ignorance on

• the Part of Lessees of the Titles of Persons from whom Leases

are accepted, Leases granted by Persons having valid Powers Nov 184 of Leasing are frequently invalid as against the Successors in thee 123

comman

އ

• Estate of such Persons by reason of the Nonobservance or • Omission of some Condition or Restriction, or by reason of ment ⚫ some other Deviation from the Terms of such Powers: And act is suspend whereas Leases granted in the intended Exercise of such/June 1850 Powers are sometimes invalid as against the Successors in/213e elle Estate of the Persons granting the same by reason that at the Time of granting the same the Person granting the Lease ⚫ could not lawfully grant such Lease, although at a subsequent • Time, and during the Continuance of his Estate in the Hereditaments comprised in such Lease, he might have granted the same in the lawful Exercise of such Power: And whereas it is expedient that Provision should be made for granting • Relief in the Cases aforesaid, in manner after mentioned:' 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 in construing this Act Words Interpretation importing the Singular Number shall include the Plural Num- of Terms. ber, and Words importing the Plural Number shall include the Singular Number, and Words importing Males shall extend to Females, and the Word "Person" shall include Corporations aggregate or sole, unless in any of the Cases aforesaid there be something in the Context repugnant to such Construction.

viation from

for such Leases

II. And be it enacted, That where in the intended Exercise Leases invalid of any such Power of Leasing as aforesaid, whether derived owing to Deunder an Act of Parliament or under any Instrument lawfully Terms of the creating such Power, a Lease has been or shall hereafter be Power to be granted, which is, by reason of the Nonobservance or Omission deemed Conof some Condition or Restriction, or by reason of any other tracts in Equity Deviation from the Terms of such Power, invalid as against as might have the Person entitled after the Determination of the Interest of been granted the Person granting such Lease to the Reversion, or against under the other the Person who, subject to any Lease lawfully granted under such Power, would have been entitled to the Hereditaments comprised in such Lease, such Lease, in case the same have been made bona fide, and the Lessee named therein, his Heirs, Executors, Administrators, or Assigns, (as the Case may require,) have entered thereunder, shall be considered in Equity as a Contract for a Grant, at the Request of the Lessee, his Heirs, Executors, Administrators, or Assigns, (as the Case may

require,)

Power.

Proviso where the Grantor or

Reversioner is willing to con

firm.

Acceptance of
Rent to be

firmation.

Leases invalid

at the granting

thereof inay become valid

12 & 13 VICT. require,) of a valid Lease under such Power, to the like Purport and Effect as such invalid Lease as aforesaid, save so far as any Variation may be necessary in order to comply with the Terms of such Power; and all Persons who would have been bound by a Lease lawfully granted under such Power shall be bound in Equity by such Contract: Provided always, that no Lessee under any such invalid Lease as aforesaid, his Heirs, Executors, Administrators, or Assigns, shall be entitled by virtue of any such equitable Contract as aforesaid to obtain any Variation of such Lease, where the Persons who would have been bound by such Contract are willing to confirm such Lease without Variation.

III. And be it enacted, That the Acceptance of Rent under deemed a Con- any such invalid Lease as aforesaid shall, as against the Person so accepting the same, be deemed a Confirmation of such Lease. IV. And be it enacted, That where a Lease granted in the intended Exercise of any such Power of Leasing as aforesaid is invalid by reason that at the Time of the granting thereof the Person granting the same could not lawfully grant such Lease, but the Estate of such Person in the Hereditaments comprised in such Lease shall have continued after the Time when such or the like Lease might have been granted by him in the lawful Exercise of such Power, then and in every such Case such Lease shall take effect and be as valid as if the same had been granted at such last-mentioned Time, and all the Provisions herein contained shall apply to every such Lease.

if the Grantor continue in the Ownership until the Time when he might lawfully grant

such a Lease.

What shall be deemed an intended Exercise of a Power.

Saving the Rights of the Lessees under Covenants for Title and for quiet Enjoy

ment, and the

of Re-entry for Breach of Covenant, &c.

V. And be it enacted, That when a valid Power of Leasing is vested in or may be exercised by a Person granting a Lease, and such Lease (by reason of the Determination of the Estate or Interest of such Person or otherwise) cannot have Effect and Continuance according to the Terms thereof, independently of such Power, such Lease shall, for the Purposes of this Act, be deemed to be granted in the intended Exercise of such Power, although such Power be not referred to in such Lease.

VI. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to prejudice or take away any Right of Action or other Right or Remedy to which, but for the passing of this Act, the Lessee named in any such Lease as aforesaid, his Heirs, Executors, Administrators, or Lessor's Right Assigns, would or might have been entitled, under or by virtue of any Covenant for Title or quiet Enjoyment contained in such Lease on the Part of the Person granting the same, or to prejudice or take away any Right of Re-entry or other Right or Remedy to which, but for the passing of this Act, the Person granting such Lease, his Heirs, Executors, Administrators, or Assigns, or other the Person for the Time being entitled to the Reversion expectant on the Determination of such Lease, would or might have been entitled, for or by reason of any Breach of the Covenants, Conditions, or Provisoes contained in such Lease, and on the Part of the Lessee, his Heirs, Executors, Administrators, or Assigns, to be observed and performed.

VII. And