Imatges de pàgina
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Who shall be deemed the Governor.

Act may be amended, &c.

5&6 W. 4. c.76.

6 & 7 W. 4. c. 105.

Judges of
Courts of

Record in Bo-
roughs em-
powered to
make, &c. Rules

for regulating the said Courts.

Such Rules to

be confirmed by Three Judges.

Courts to be held Four Times yearly.

Personal Ac

tions to be by Summons.

for that Purpose, to repeal or alter any Ordinance which shall be made in pursuance of this Act.

III. And be it declared and enacted, That, for the Purposes and within the Meaning of this Act, the Officer for the Time being administering the Government of Jamaica shall be deemed and taken to be the Governor thereof.

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 And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament.

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CA P. XXVII.

An Act for regulating the Proceedings in the Borough Courts
of England and Wales.
[19th July 1839.]
WHEREAS great Difficulty has been found in framing legal

and convenient Rules for regulating the Practice of Borough Courts under the Authority given for that Purpose by 6 an Act passed in the Session holden in the Fifth and Sixth Years ' of the Reign of His late Majesty King William the Fourth, intituled An Act to provide for the Regulation of Municipal Corpo'rations in England and Wales, and by an Act passed in the 'Session holden in the Sixth and Seventh Years of the same Reign, intituled An Act for the better Administration of Justice in certain Boroughs; and it is expedient that the Power to make Rules for regulating the Proceedings of such Courts, subject to the Approbation and Confirmation of the Judges of the Superior Courts of Common Law at Westminster, should be explained and in some respects enlarged:' 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 every Borough named in the Schedules A. and B. to the first herein-before mentioned Act annexed, in which by Charter, Custom, or otherwise, there is or ought to be holden a Court of Record for the Trial of Civil Actions, every Judge of such Court shall have Authority to make, alter, and revoke such Rules for appointing the Times of holding such Court, for regulating the Forms and Manner of proceeding, the Process, Appearance, Practice, and Pleadings in such Court, and for settling the reasonable Fees of the Attornies of the Court for Business transacted therein, as shall from Time to Time seem to him necessary and proper for expediting the Business of such Court with most Convenience, and at the smallest reasonable Expence : Provided always, that no such Rules, or any Order revoking or altering such Rules, shall be of any Force until they shall have been allowed and confirmed by Three of the Judges of the Superior Courts of Common Law at Westminster.

II. Provided also, and be it enacted, That every such Court shall be holden for the Trial of Issues of Fact and of Law Four Times at least in each Year, and with no greater Interval be tween the holding of any Two successive Courts than Four Calendar Months.

III. And be it further enacted, That from and after the First of September next all personal Actions brought in the Borough Courts

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Courts of England and Wales shall be commenced by Writ of
Summons.

IV. And be it enacted, That this Act may be amended or re- Act may be pealed by any Act to be passed in this present Session of amended, &c. Parliament.

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An Act for more equally assessing and levying Watch Rates
in certain Boroughs.
[19th July 1839.]
WH HEREAS by reason of the Restrictions contained in an

Watch Rate

exceeding

Pound, or in

Act passed in the Sixth Year of the Reign of His late Majesty, intituled An Act to provide for the Regulation of Muni- 5&6 W. 4. c.76. cipal Corporations in England and Wales, the Watch Rate authorized by the said Act to be levied upon those Parts of the 'Boroughs within the Provisions of the said Act which are regularly watched is insufficient for that Purpose, and the Deficiency in many Cases is paid out of the Borough Rate, to which 'all Parts of the Borough, whether or not regularly watched, are liable :' For Remedy thereof 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 after the passing of this Act it shall be lawful for the Council of any may be levied Borough named in either of the Schedules to the said Act to levy not exceed a Watch Rate upon the Occupiers of all Messuages, Lands, Tenements, and Hereditaments within those Parts of the Borough certain Cases ✦ which shall be watched by Day and by Night, and which from the Average Time to Time, by any Order of the Council of any such Borough, Rate. shall be declared liable to such Watch Rate; and every such Rate shall be made upon an Estimate of the net annual Value of the several Hereditaments rated thereunto, that is to say, of the Rent at which, one Year with another, the same might in their actual State be reasonably expected to let from Year to Year, the probable annual Average Cost of the Repairs, Insurances, and other Expences (if any) necessary to maintain the Hereditaments in their actual State, and all Rates, Taxes, and public Charges, except Tithes or Tithe Commutation Rent-charges (if any), being paid by the Tenant, and either by One Rate made yearly, or by Two or more Rates made half-yearly, or otherwise: Provided always, that no such Rate shall exceed, in any One Year, the Rate of Sixpence in the Pound on the net annual Value of the Hereditaments rated thereunto, unless in those Boroughs in which, at the Time of passing the said Act, the Sum authorized by the said Act to be levied by way of Watch Rate exceeded the Sum which might have been then raised by the said Rate of Sixpence in the Pound; and in such Cases as last aforesaid it shall be lawful to levy a Watch Rate under this Act upon all the Hereditaments liable thereunto, at such Rate as would have sufficed to raise such greater Sum: Provided also, that nothing herein contained shall be construed to extend to either of the Universities, so as to make the Members thereof liable to pay to any Rate to be made in pursuance of this Act to which the said Universities or the Members thereof were not liable to contribute before the passing of this Act, nor shall be

deemed

As to the

Powers of the

Council of any
Borough.

Act may be amended, &c.

6 G. 4. c. 16.

2 Vict. c. 11.

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.

II. And be it enacted, That for the Purposes aforesaid the Council of every such Borough, and all other Persons interested or concerned therein, shall have all the Powers heretofore given to 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.

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

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CA P. XXIX.

An Act for the better Protection of Parties dealing with
Persons liable to the Bankrupt Laws. (a) [19th July 1839.]
WHEREAS by an Act passed in the Sixth Year of the Reign
of His late Majesty King George the Fourth, intituled
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
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

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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 Bankrupt really and bona fide made and entered into before the Date and issuing of the Fiat against him, and all Executions and Attachments against the Lands and Tenements or Goods and Chattels of such Bankrupt, bona fide executed or levied before the Date and issuing of the Fiat, shall be deemed to be valid, notwithstanding any prior Act of Bankruptcy by such Bankrupt committed; provided the Person or Persons so dealing with such Bankrupt, or at whose Suit or on whose Account such Execution 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 or altered by any other Act in this present Session of Parliament.

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.]
WHEREAS there are several Benefices, in every of which

All Contracts, &c. bonâ fide made by and

with any Bankrupt previous to the Date and issuing of any Fiat to be valid, &c. if no Notice had of prior Bankruptcy.

Act may be repealed, &c.

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 Inhabitants 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 than One Spiritual Person instituted or otherwise admitted or licensed to the Cure of Souls generally within the same is locally situated, from Time to Time to direct a Decree, with Intimation, to issue from the Registry of the Diocese, calling upon the Spiritual Persons instituted or otherwise admitted to the Cure of Souls, and upon the Churchwardens or Chapelwardens and other Inhabitants of any such Benefice, or any of them, to show Cause before the Bishop in Person, at a Time and Place specified in such Decree, such Time not being within One Month from the Service of such Decree, and such Place being within the Diocese, why the

Spiritual

where there are more than One Spiritual Person instituted to the Cure of Souls the Bishop may order an Apportionment of Spiritual Duties, if no Cause is shown to the contrary.

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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 same, at reasonable Times; and in case any such Spiritual Person shall refuse or neglect to comply with such Order for the Space of One Month after such Service, or if any such Spiritual Person 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 Negligence the Ecclesiastical Duties of his Benefice are inadequately 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 Revocation 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 the Appellant to pay the Costs of such Appeal: Provided also, that 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.

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