Imatges de pÓgina
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deemed to affect the Liability of the Borough Fund to make good any Deficiency of the Watch Rate towards the Expences of the Police, should any such Deficiency arise, nor to make liable to the Watch Rate any Lands, Tenements, or Hereditaments which are now exempted by any Local Act from the Payment of Watch Rates, or to alter the comparative Liability of any Lands, Tenements, or Hereditaments to the Watch Rate, which by any Local Act are now, in respect of any Watch Rate, entitled to any Deduction from or chargeable with any Increase upon an equal Pound Rate; but the like comparative Deductions and increased Charges shall be made in respect of such Hereditaments in the

Rates to which such Hereditaments shall be rated under this Act. As to the II. And be it enacted, That for the Purposes aforesaid the Powers of the Council of every such Borough, and all other Persons interested Council of any or concerned therein, shall have all the Powers heretofore given to Borough.

them respectively, in the Matter of the Borough Rate and Watch Rate or either of them, by the said Act or by any other subsequent Act, for ordering, making, assessing, levying, raising, collecting, or paying the same, or as near thereto as the Nature of the Case will

admit. Act may be III. And be it enacted, That this Act may be amended or amended, &c. repealed by any Act to be passed during the present Session of Parliament.

CA P. XXIX.
An Act for the better Protection of Parties dealing with

Persons liable to the Bankrupt Laws. (a) [19th July 1839.]
WHI
THEREAS by an Act passed in the Sixth Year of the Reign

of His late Majesty King George the Fourth, intituled 6 G. 4. c. 16. • An Act to amend the Laws relating to Bankrupts, it was among

* other things enacted, that all Payments really and bona fide made by any Bankrupt or by any Person on his Behalf, before the Date

and issuing of the Commission against such Bankrupt, to any • Creditor of such Bankrupt, (such Payment not being a fraudulent • Preference of such Creditor,) should be deemed valid, notwith• standing any prior Act of Bankruptcy by such Bankrupt com• mitted, and that all Payments really and bona fide made to any • Bankrupt before the Date and issuing of the Commission against

such Bankrupt should be deemed valid, notwithstanding any ' prior Act of Bankruptcy committed, and that such Creditor • should not be liable to refund the same to the Assignees of such • Bankrupt, provided the Person so dealing with the Bankrupt had • not at the Time of such Payment to such Bankrupt Notice of

any Bankruptcy committed: And whereas by an Act passed in 2 Vict. c. 11. • this present Session of Parliament, intituled An Act for the better

Protection of Purchasers against Judgments, Crown Debts, Lis

pendens, and Fiats in Bankruptcy, it is amongst other things • enacted, that all Conveyances by any Bankrupt bona fide made • and executed before the Date and issuing of the Fiat against • such Bankrupt shall be valid, notwithstanding any prior Act of • Bankruptcy by him committed, provided the Person or Persons • to whom such Bankrupt so conveyed had not at the Time of (a) [See ante, Chap. 11.]

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such Conveyance Notice of any prior Act of Bankruptcy by him committed : And whereas it is expedient that further Protection * should be given to Persons dealing with Bankrupts before the issuing of any Fiat against them :' 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 all Contracts, Dealings, and Transactions by and with any All Contracts, Bankrupt really and bona fide made and entered into before the &c. bonâ fide Date and issuing of the Fiat against him, and all Executions made by and and Attachments against the Lands and Tenements or Goods and

with any Bank

rupt previous to Chattels of such Bankrupt, bona fide executed or levied before the the Date and Date and issuing of the Fiat, shall be deemed to be valid, notwith- issuing of any standing any prior Act of Bankruptcy by such Bankrupt com- Fiat to be valid, mitted; provided the Person or Persons so dealing with such &c. if no Notice Bankrupt, or at whose Suit or on whose Account such Execution had of prior

Bankruptcy. or Attachment shall have issued, had not at the Time of such Contract, Dealing, or Transaction, or at the Time of executing or levying such Execution or Attachment, Notice of any prior Act of Bankruptcy by him committed; provided also, that nothing herein contained shall be deemed or taken to give Validity to any Payment made by any Bankrupt being a fraudulent Preference of any Creditor or Creditors of such Bankrupt, or to any

Execution founded on a Judgment on a Warrant of Attorney or Cognovit given by any Bankrupt by way of such fraudulent Preference.

II. And be it further enacted, That this Act may be repealed Act may be or altered by any other Act in this present Session of Parliament. repealed, &c.

CA P. XXX.
An Act for apportioning the Spiritual Services of Parishes

in which Two or more Spiritual Persons have Cure of
Souls generally throughout the Parish. [19th July 1839.]
WHE

THEREAS there are several Benefices, in every of which

more than One Spiritual Person is instituted or otherwise ' admitted to the Cure of Souls generally within the same: And ' whereas it would conduce to the Spiritual Good of the Inha• bitants if the Cure of Souls were apportioned between or among 'the said Spiritual Persons : 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 from and after the passing of this Act it shall be lawful for In Benefices the Bishop of the Diocese in which any such Benefice having more where there are than One Spiritual Person instituted or otherwise admitted or

more than One

Spiritual Perlicensed to the Cure of Souls generally within the same is locally

son instituted situated, from Time to Time to direct a Decree, with Intimation, to the Cure of to issue from the Registry of the Diocese, calling upon the Spi- Souls the Bishop ritual Persons instituted or otherwise admitted to the Cure of may order an Souls, and upon the Churchwardens or Chapelwardens and other Apportioninent

of Spiritual Inhabitants of any such Benefice, or any of them, to show Cause Duties, if no before the Bishop in Person, at a Time and Place specified in such Cause is shown Decree, such Time not being within One Month from the Service to the contrary. of such Decree, and such Place being within the Diocese, why the

Spiritual

Spiritual Duties of such Benefice should not be apportioned between or among such Spiritual Persons in the Manner and in the Proportions specified in such Decree; and if at the Time and Place appointed Cause to the contrary be not shown to the Satisfaction of the said Bishop, it shall be lawful for him to issue an Order in pursuance of and in conformity with such Decree, or, if Cause be shown, to withhold, amend, or vary such Order, as to him may seem just and proper; and every such Order shall issue under the Hand and Episcopal Seal of the Bishop, and shall, on its being issued, be registered in the Registry of the Diocese ; and every such Decree and Order shall be served on every such Spiritual Person thereby affected, and on One of the Churchwardens or Chapelwardens of the Benefice, by delivering to them a Copy thereof, or leaving a Copy at the House or legal Residence of such Spiritual Person, Churchwardens or Chapelwardens, and on the Inhabitants of the Benefice, by affixing and leaving affixed a Copy thereof on the Doors of the several Churches or Chapels of such Benefice; and a Copy of such Order shall be deposited and preserved by the Churchwardens of the Parish or Parishes within such Benefice, or One of them, in the Parish Chest of every such Parish,

and be shown without Fee to any Parishioner requiring to see the Proceedings in same, at reasonable Times; and in case any such Spiritual Person case of Neglect shall refuse or neglect to comply with such Order for the Space of to comply with One Month after such Service, or if any such Spiritual Person the Order.

shall at any Time after such Service refuse or neglect to perform the Spiritual Duties of the Benefice in the Manner and Proportions in and by such Order directed, then and in any or either of such Cases it shall be lawful for the said Bishop to proceed against such Spiritual Person so neglecting or refusing to comply with such Order in the same Manner as the Bishop is empowered to proceed in the Case of a Spiritual Person by reason of whose Neg.

ligence the Ecclesiastical Duties of his Benefice are inadequately Appeal. performed : Provided always, that any such Spiritual Person, or

Churchwarden, Chapelwarden, or Inhabitant, who shall have appeared to show Cause against and who shall think himself aggrieved by any Order made by any Bishop in pursuance of the Powers given to the Bishop by this Act may, within Thirty Days from the Service of such Order, appeal against the same to the Archbishop of the Province, and the Archbishop shall hear and determine such Appeal, and confirm, revoke, or vary such Order, as to him may seem just and proper; and if he shall revoke or vary the same, such Řevocation or Variation shall be registered in the Registry of the Diocese, and be served, preserved, shown, and enforced as herein-before directed with regard to the original Order; and it

shall be lawful for the Archbishop, if he shall think fit, to order Notice of the Appellant to pay the Costs of such Appeal : Provided also, that Appeal.

in any Case in which an Appeal shall be interposed by any Spiritual Person Notice thereof shall forthwith be given, by or on behalf of the Bishop by whom the Order appealed from shall have been made, to the Churchwardens of the Parish and to the Spiritual Persons having the Cure of Souls in such Parish; and all Persons interested in such Order shall be entitled to be heard before the Archbishop to oppose the Revocation or Variation sought to be obtained by the original Appellant from such Order.

CAP.

CA P. XXXI.
An Act to continue until the First Day of June One thousand

eight hundred and forty-one, and to the End of the then
Session of Parliament, the Local Turnpike Acts in England
and Wales which expire with this or the ensuing Session of
Parliament.

[29th July 1839.]

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(CA P. XXXII. An Act to continue, until the End of the Session of Parlia

ment next after the Thirty-first Day of May One thousand eight hundred and forty-one, certain of the Allowances of the Duty of Excise on Soap used in Manufactures.

[29th July 1839.] WHE

HEREAS by an Act passed in the Third Year of the Reign

of His late Majesty King William the Fourth, intituled An 3&4 W. 4. c.16. 'Act to repeal the Duties, Allowances, and Drawbacks of Excise on Soap, and to grant other Duties, Allowances, and Drawbucks in lieu thereof, certain Allowances of the Duties of Excise paid on • Soap were granted in respect of Soap used in certain Manufac• tures and Processes set forth in the said Act, and which Allowances ' were to cease at the End of the Session of Parliament next after the Thirty-first Day of May One thousand eight hundred and thirty-five: And whereas by another Act passed in the Fifth and • Sixth Years of His said late Majesty's Reign the said Allowances were continued until the End of the Session of Parliament next after the Thirty-first Day of May One thousand eight hundred and 'thirty-eight: And whereas it is expedient that the said Allow

ances (except the Allowance for whitening of new Linen in the • Piece for Sale) should be continued for a further Time: 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 said Allowances (except the Al. Certain Allowlowance of the Duty on Soap used, employed, or consumed in the ances of the whitening of new Linen in the Piece for Sale,) shall continue and Duty on Soap remain payable until the End of the Session of Parliament next

to be continued. after the Thirty-first Day of May One thousand eight hundred and forty-one, in like Manner as if the same had been made payable until that Time by the said first-recited Act.

CA P. XXXIII.
An Act to indemnify such Persons in the United Kingdom

as have omitted to qualify themselves for Offices and Em-
ployments, and for extending the Time limited for those
Purposes respectively until the Twenty-fifth Day of March
One thousand eight hundred and forty; and for the Relief
of Clerks to Attornies and Solicitors in certain Cases.

[29th July 1839.] [This Act is the same, except as to Dates and the Section here inserted, as 1 & 2 Vict. c. 16.]

IX. Pro

In case of Ar- IX. Provided always, and be it enacted, That in any Case in ticles being lost which the original Articles of Clerkship shall have been or shall the Court may hereafter be lost or destroyed before or after Payment of the Duty, order a Copy

it shall be competent to either of Her Majesty's Superior Courts thereof to be enrolled.

at Westminster to direct the Enrolment of a Copy of such Articles, upon being satisfied, by such Evidence as shall appear to the Court sufficient to prove the Loss of such original Articles, the Authenticity of the Paper proposed for Enrolment, and that the Duty has been duly paid upon such Articles or upon the Copy thereof, to be shown by the denoting or other appropriate Stamp, as the Case may require, and provided such Court shall be satisfied that the Clerk has duly served under such Articles from the Time of the Execution thereof, or for such Time as shall appear satisfactory to the Court under the Circumstances of the Case.

CA P. XXXIV.
An Act to confirm certain Rules and Orders of the Supreme

Courts of Judicature at Fort William and Madras ; and to
empower the same Courts, and the Supreme Court of Judi-
cature of Bombay, to make Rules and Orders concerning
Pleadings.

[29th July 1839.] :WHI

HEREAS the Supreme Court of Judicature at Fort Wil

liam in Bengal on the Fifteenth Day of June One thousand eight hundred and thirty-seven, and the Supreme Court of • Judicature at Madras on the Twenty-second Day of February • One thousand eight hundred and thirty-seven, made and passed

certain Rules and Orders whereby the Modes of pleading in the

same Courts respectively were in some respects altered; and

• Doubts have arisen as to the Powers of the same Courts to The Rules for • make such Alterations without the Authority of Parliament:' Be altering the it therefore enacted by the Queen's most Excellent Majesty, by and Mode of plead- with the Advice and Consent of the Lords Spiritual and Temporal, ing in the Su

and Commons, in this present Parliament assembled, and by the preme Courts at Fort William Authority of the same, That the said Rules and Orders, so far as and Madras they altered the Modes of pleading in the said Supreme Courts deemed to have at Fort William and Madras respectively, shall be deemed and been lawfully taken to all Intents to have been lawfully made, and to have had made.

and still to have the Force of Law. Supreme Courts II. And whereas it is expedient to provide for giving Validity at Bombay, Fort William,

' to any Rules or Orders which may be made by the Supreme

· Court of Judicature at Bombay for altering the Modes of pleading pass Rules for therein, and also to any other Rules or Orders which may herealtering the • after be made by the said Supreme Courts of Fort William and Modes of plead- Madras or either of them respecting the Modes of pleading in the ing

Courts respectively ; be it therefore enacted, That the said Supreme Court of Bombay shall and may, by any Rules or Orders to be from Time to Time passed by the said Court meke such Alterations, and the said Supreme Courts of Fort William and Madras shall and may, by any other Rules or Orders to be from Time to Time passed by the said Courts respectively, make such further Alterations in the Mode of pleading in the said Courts respectively, or in the Mode of entering and transcribing Pleadings, Judgments, and other Proceedings in Actions at Law or Suits in

Equity,

and Madras may

same

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