Imatges de pàgina
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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.]

(C A P. XXXII.

An Act to continue, until the End of the Session of Parliament 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.]

WHEREAS 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 Drawbacks 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 Allowances (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 Allowance of the Duty on Soap used, employed, or consumed in the whitening of new Linen in the Piece for Sale,) shall continue and remain payable until the End of the Session of Parliament next 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.

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CA P. XXXIII.

An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, 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.]

Certain Allowances of the Duty on Soap

to be continued.

IX. Pro

In case of Ar

ticles being lost the Court may order a Copy thereof to be enrolled.

The Rules for altering the

Mode of plead ing in the Supreme Courts at Fort William and Madras

deemed to have been lawfully made.

Supreme Courts at Bombay, Fort William,

and Madras may pass Rules for altering the Modes of pleading.

IX. Provided always, and be it enacted, That in any Case in which the original Articles of Clerkship shall have been or shall hereafter be lost or destroyed before or after Payment of the Duty, it shall be competent to either of Her Majesty's Superior Courts 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.

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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.]
WHEREAS 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 ‹ make such Alterations without the Authority of Parliament:' 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 Rules and Orders, so far as they altered the Modes of pleading in the said Supreme Courts at Fort William and Madras respectively, shall be deemed and taken to all Intents to have been lawfully made, and to have had and still to have the Force of Law.

II. And whereas it is expedient to provide for giving Validity to any Rules or Orders which may be made by the Supreme 'Court of Judicature at Bombay for altering the Modes of pleading 'therein, and also to any other Rules or Orders which may hereafter be made by the said Supreme Courts of Fort William and Madras or either of them respecting the Modes of pleading in the ( same 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,

Equity, or any Civil or Ecclesiastical Causes, and such Regulations as to the Payment of Costs, and otherwise for carrying into effect any such Alterations, as to the said Courts respectively may seem expedient; and all such Rules, Orders, or Regulations shall be submitted for Confirmation or Disallowance to the Governor General of India in Council immediately upon the making of the same; and every such Rule, Order, or Regulation shall to all Intents and Purposes have full Effect after it shall have been confirmed by the said Governor General of India in Council; but every such Rule, Order, and Regulation, when so confirmed, shall be transmitted to Her Majesty, Her Heirs or Successors, in Council, and shall be subject at any Time to be altered or rescinded by Her said Majesty, Her Heirs or Successors, in Council : Provided always, that no Rule or Order to be made by virtue of this Act shall have the Effect of depriving any Person of the Power of pleading the General Issue and giving the special Matter in Evidence in any Case wherein he is now or hereafter shall be entitled to do so by virtue of any Act of Parliament now or hereafter to be in force.

III. And be it enacted, That nothing herein contained shall be construed to affect any Rights, Powers, or Privileges now belonging to or inherent in the said Supreme Courts of Judicature respectively.

CA P. XXXV.

An Act to continue, for One Year, Compositions for Assessed
Taxes, and to alter the Period for the Expiration of Game
Certificates, and for granting Licences to deal in Game.
[29th July 1839.]

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WHEREAS by an Act passed in the Fourth and Fifth Years

of the Reign of His late Majesty King William the Fourth,

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'intituled An Act to continue for Five Years, from the Fifth Day 4&5 W.4.c.54. of April One thousand eight hundred and thirty-five, and to amend, the Acts for authorizing a Composition for Assessed Taxes, the Compositions for Assessed Taxes now in force will expire on the Fifth Day of April One thousand eight hundred and forty; and it is expedient to continue the same for a further Term of One Year: 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 several Compositions Duties payable under every Contract of Composition for the Duties extended for the of Assessed Taxes, and every Contract and Composition respec- further Term of tively now in force, shall be and the same are hereby respectively ending 5 April continued to Her Majesty, Her Heirs and Successors, to the like 1841; annual Amounts now payable, for a further Term of One Year, to be computed from the Fifth Day of April One thousand eight hundred and forty, and to determine on the Fifth Day of April One thousand eight hundred and forty-one, to all Intents and under the same Rules and Privileges as if such Compositions did not by the Laws now in force expire before the last-mentioned Day; and all the Powers and Provisions of the several Acts passed relating to and for continuing the Duties of Compositions and Contracts for

collecting

One Year,

except in Cases where Parties

shall give Notice

to determine the same on

5 April 1840.

Game Certificates to expire on the 5th of July instead of the 5th of April.

collecting the same, and for enforcing Payment thereof, shall be extended and applied to the Compositions and Contracts continued under this Act, to all Intents as if the same had been repeated and re-enacted in this Act.

II. Provided always, and be it enacted, That this Act shall not extend to the Contract or Composition of any Person who shall be desirous of determining the same on the Fifth Day of April One thousand eight hundred and forty, and who shall, on or before the Tenth Day of October One thousand eight hundred and thirtynine, give Notice thereof in Writing to the Assessor or Collector of the Parish or Place, or to the Surveyor acting in the Execution of the Acts relating to the Duties of Assessed Taxes for the District in which such Composition shall be payable.

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III. And whereas by an Act passed in the Fifty-second Year of the Reign of King George the Third, intituled An Act for granting to His Majesty certain new and additional Duties of Assessed Taxes, and for consolidating the same with the former 'Duties of Assessed Taxes, certain Duties specified and set forth in Schedule (L.) to the said Act annexed are granted and made payable in respect of killing Game, and by the Rules contained in the said Schedule for charging the said last-mentioned Duties it is enacted, that every Person who intends to do or shall do any Act in the said Schedule mentioned, by reason of the doing of which he shall become chargeable with or liable to the said Duty thereby made payable, shall, before he shall do any such Act, pay the said Duty to the Collector of the Duties of 'Assessed Taxes, and obtain a Certificate thereof, in the Manner directed by the said Rules, which Certificate it is thereby declared shall continue in force until and upon the Fifth Day of April next after the Time of issuing the same, and no longer: And whereas great Inconvenience has been felt by reason of the Ex'piration of the said Certificates at a Period when the Collectors of the said Duties for the ensuing Year have not been appointed, whereby Persons are prevented from immediately obtaining renewed Certificates, and for Remedy thereof it is expedient that the Expiration of all such Certificates should be deferred until after the Period of the Year at which the said Collectors are usually appointed;' be it therefore enacted, That all such Certificates as aforesaid which have been granted, and at the Time of the passing of this Act are now in force, and also all such Certificates as aforesaid which shall be granted at any Time after the passing of this Act, and before the Sixth Day of July in the Year One thousand eight hundred and forty, shall, notwithstanding any thing in the said recited Act, or in the aforesaid Schedule (L.) thereto annexed, or in any of the said Certificates contained to the contrary thereof respectively, continue in force until and upon the Fifth Day of July in the said Year One thousand eight hundred and forty, and shall then cease and determine, and that all such Certificates as aforesaid, which shall be granted at any Time after the Fifth Day of July in the said Year One thousand eight hundred and forty, shall continue in force until and upon the Fifth Day of July next after the Time of issuing the same, and no longer, any thing in any former Act or Acts contained to the contrary thereof in anywise notwithstanding; and in respect of all

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such

such Certificates as aforesaid which shall be issued after the passing of this Act, the Forms thereof contained in Schedule (N.) to the said Act annexed shall be altered as to the Period of the Expiration of the said Certificates, and shall be made conformable with the Provisions of this Act.

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they think fit.

1&2 W.4.c.32.

IV. And whereas by an Act passed in the First and Second Justices to hold Years of the Reign of His said late Majesty King William the a Special SesFourth, intituled An Act to amend the Laws in England relative sion as often as to Game, it is enacted, that the Justices of the Peace of every for granting 'County, Riding, Division, Liberty, Franchise, City, or Town shall Licences to Per' hold a Special Session in the Division or District for which they sons to deal in ' usually act, in the Month of July in every Year, for the Pur- Game. pose of granting Licences to deal in Game: And whereas it is 'expedient that the said Justices of the Peace should be em'powered to hold a Special Session for the Purpose aforesaid, not only in the Month of July, but also at any subsequent Period of the Year;' be it therefore enacted, That from and after the passing of this Act it shall be lawful for the said Justices of the Peace to hold in their respective Divisions or Districts a Special Session for the Purpose of granting Licences to deal in Game, not only in the Month of July but also at any Time and from Time to Time as often as they shall think fit after the said Month of July in every Year; and it shall also be lawful for the Majority of the said Justices (not being less than Two), assembled at any such Session or at any Adjournment thereof, to grant Licences to deal in Game, in the Manner directed by the said last-recited Act, and under and subject to the Provisions and Regulations thereof; provided always, that of the holding of any such Special Session Seven Days Notice shall be given to each of the Justices acting for the Division or District in which such Session is intended to be held; provided also, that every Licence to deal in Game, at whatever Time the same hath been or shall be granted, shall continue in force from the granting thereof until the First Day of July then next following, and no longer; any thing in the said lastrecited Act, or in such Licence, to the contrary notwithstanding.

CA P. XXXVI.

An Act to regulate the Duties to be performed by the Judges
in the Supreme Courts of Scotland, and to increase the
Salaries of certain of the said Judges. [29th July 1839.]
WHEREAS an Act was passed in the First Year of the

Reign of His late Majesty King William the Fourth, ⚫ intituled An Act for uniting the Benefits of Jury Trial in Civil 11 G. 4. & Causes with the ordinary Jurisdiction of the Court of Session, 1 W. 4. c. 69. and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland, by which the Jury Court < and the Admiralty and Commissary Courts were abolished, and the Jurisdiction and Duties of the said Courts were transferred to the Court of Session, whereof the Number of Judges was reduced from Fifteen to Thirteen: And whereas another Act

< was passed in the Second and Third Years of the Reign of His

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said late Majesty, intituled An Act for making Provision for the 2&3 W.4.c.54. Dispatch of the Business now done by the Court of Exchequer in 2 & 3 VICT.

M

• Scotland,

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