Imatges de pÓgina
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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 Such Rules to be submitted for Confirmation or Disallowance to the Governor be subject to

Confirmation by General of India in Council immediately upon the making of the

the Governor same; and every such Rule, Order, or Regulation shall to all

General; and Intents and Purposes have full Effect after it shall have been may be altered confirmed by the said Governor General of India in Council ; but or rescinded by every such Rule, Order, and Regulation, when so confirmed, shall the Privy Coun

cil. be transmitted to Her Majesty, Her Heirs or Successors, in Council, and shall be subject at any Time to be altered or rescinded by Her said Majesty, Her Heirs or Successors, in Council : Provided always, that no Rule or Order to be made by virtue of this Act shall have the Effect of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 Act not to affect construed to affect any Rights, Powers, or Privileges now belong- Rights, &c. ing to or inherent in the said Supreme Courts of Judicature of Supreme

Courts. 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.] WHEREAS by an Act passed in the Fourth and Fifth Years

of the Reign of His late Majesty King William the Fourth, • 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 continụing the Duties of Compositions and Contracts for

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

and re-enacted in this Act. except in Cases

II. Provided always, and be it enacted, That this Act shall not where Parties

extend to the Contract or Composition of any Person who shall shall give Notice be desirous of determining the same on the Fifth Day of April One to determine

thousand eight hundred and forty, and who shall, on or before 5 April 1840. the Tenth Day of October One thousand eight hundred and thirty

nine, 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 Dis

trict in which such Composition shall be payable. Game Certifi.

III. · And whereas by an Act passed in the Fifty-second Year cates to expire

• of the Reign of King George the Third, intituled An Act for on the 5th of July instead of granting to His Majesty certain new and additional Duties of the 5th of April.

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 Es• 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 re

newed 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 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. 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 Ses· Fourth, 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

1&2 W.4.c.32. 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.]

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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

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.

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• Scotland,

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• Scotland, by which the Jurisdiction and Duties of the Court of

Exchequer were transferred to certain Judges of the Court of • Session, after the Retirement or Decease of the last remaining • Baron of Exchequer, which Event has now happened: And

· whereas an Act was passed in the Fiftieth Year of the Reign of 50 G. 3, c. 31. • His Majesty King George the Third, intituled An Act for aug.

menting the Salaries of the Lords of Session, Lords Commissioners of Justiciary, and Barons of Exchequer, in Scotland, and Judges in Ireland, by which the Salaries of Lords of Session • and Lords Commissioners of Justiciary were augmented and • regulated : And whereas His said late Majesty, by Commission

bearing Date the Sixth Day of August Eighteen hundred and • thirty-four, directed Letters Patent to be forthwith made and

passed under the Seal appointed by the Treaty of Union to be • kept and made use of in place of the Great Seal of Scotland,

directing certain Persons therein named to make a diligent and · full Inquiry into various Matters relative to the Law and Ad* ministration of Justice in Scotland ; and in particular, • First, “ As to the Arrangements of Judicial Business in the

• Courts of Session and other Courts;" . Secondly, “ As to the Execution of the Duties formerly dis.

charged by the Commissary Court, but now transferred by • Statute to the Court of Session;" * Thirdly, “As to the Execution of the Duties formerly dis

· charged by the Admiralty Court, now transferred by Statute

" to the Court of Session;" and, - Fourthly, “ As to the Execution of the Duties of the Court of

• Exchequer in Scotland :" "And whereas the Commissioners so appointed have made Re* ports, which have been laid before Parliament; and it is expe• dient to carry into effect certain of the Recommendations "contained in the said Reports, and to regulate the Arrangements • of Judicial Business in the Court of Session, Court of Justiciary, · Court of Exchequer, and Court of Commissioners for Teinds, • and to increase the Salaries of certain of the Judges of the • Court of Session performing the Judicial Duties of the said Su

preme Courts:' 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 Judges of Court Parliament assembled, and by the Authority of the same, That of Session bound Judges of the Court of Session in Scotland shall be bound, in to perform Du- addition to the Duties at present discharged by them, to perform ties of Justiciary the Duties of Lords Commissioners of the Court of Justiciary and and Exchequer.

of Barons of the Court of Exchequer; and such Duties shall be distributed among the said Judges, with a view to Equality of

Duty, as herein after provided. Court of Justic II. And be it enacted, That the Court of Justiciary shall consist ciary to consist of the Lord Justice General, the Lord Justice Clerk, and Five of certain Judges.

Judges of the Court of Session, appointed or to be appointed Lords Commissioners of the Court of Justiciary, and the Quorum of the said Court shall remain as at present : Provided always, that it shall be lawful for Her Majesty, Her Heirs and Successors, to appoint, by Special Commission, any other of the Judges of the Court of Session to act as Judges of the Court of Justiciary on

Circuits,

Crown.

Circuits, and in the High Court of Justiciary in Causes which may
be certified from Circuit Courts in which such Judges shall have
acted.

III. And be it enacted, That after the present Lord Justice Clerks of Jus-
Clerk and the present Principal Clerk of Justiciary shall cease to ticiary to be ap-
hold their Offices the Appointment to the Offices of Principal and pointed by the
Depute Clerks of the Court of Justiciary, and also of the Circuit
Clerks of the said Court, shall, as Vacancies occur, be vested in
Her Majesty, Her Heirs and Successors; and all Persons to be
hereafter appointed to any of the said Offices shall perform the
Duties thereof in Person.

IV. And be it enacted, That the Duties of the Court of Ex. Two Judges to chequer in Scotland, and the whole Powers and Duties of the said be appointed to Court, and of the Chief Baron and Barons thereof, in so far as Duties of the the Exercise of such Powers and Duties is not otherwise provided Exchequer. for by Parliament, shall be and the same are hereby transferred to the Judges of the Court of Session (not being Lords Commissioners of the Court of Justiciary), Two of whom, as Judges, shall perform the same successively and in rotation for such equal Periods of Time as shall be fixed by the said whole Judges, and established by Act of Sederunt to that Effect: Provided always, that one of the said Judges may act in the Absence of the other.

V. And be it enacted, That it shall be competent to the Two Judges offiJudges performing for the Time the Duties of the Court of Ex- ciating in chequer, in any Case which shall appear to them to be of Impor. chequer in Cases

Court of Ex. tance and Difficulty, to state the Questions of Law arising on such of Importance Case in Writing, and to require the Opinion of the other Judges to obtain the liable to perform the said Duties of the Court of Exchequer there. Opinion of the upon ; and such other Judges shall communicate their Opinion Other Judges. thereupon, either collectively or individually ; and the Judgment to be pronounced in the Cause by the Two officiating Judges shall be in accordance with the Opinion of the Majority of all the Judges so consulting.

VI. And be it enacted, That it shall be lawful for Her Majesty, Her Majesty Her Heirs and Successors, where it shall appear expedient for the may accept the better Administration of Justice, to accept of the Resignation of Resignation of

a Judge of Jusany of the Judges in the Court of Session who shall have been or

ticiary or Exmay be appointed to perform the Duties of Lords Commissioners chequer. of the Court of Justiciary, in so far as regards such Duties in the Court of Justiciary, and to appoint another of the Judges in the Court of Session to perform such Duties: Provided always, that the Judge whose Resignation is so accepted shall be forth with appointed to perform some of the other Duties hereby assigned to Judges of the Court of Session.

VII. And be it enacted, That the whole Business of the Bill As to the PerChamber in the Court of Session falling to be performed during formance of the

Business of the the Spring and Autumn Vacations of the said Court, and during the Christmas Recess, shall be performed, in such Rotation as the Court of Session by Act of Sederunt may fix, by the remaining Six Judges of the Court of Session who shall not be Judges in the Court of Justiciary, with Power to all the Judges of the Court of Session, in case of Indisposition or of Absence of any of the said Six Judges, to act for him.

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VIII. And

Bill Chamber.

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