Imatges de pÓgina
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additional Rates, and the Period for which the Order shall be enforced, not exceeding Ten Days beyond the next General Sessions (and no such Order shall be valid unless a Copy thereof, signed by the presiding Magistrate and One other Justice, or by the Recorder, shall be transmitted to the Secretary of the Admi. ralty within Three Days after the making thereof); and also in England, when the Day's March shall exceed Fifteen Miles, the Justice granting his Warrant may fix a further reasonable Compensation not exceeding the usual Rate of Hire fixed by this Act; and when additional Rates or Compensation shall be granted, the Justice shall insert in his own Hand in the Warrant the Amount thereof, and the Date of the Order of Sessions, if fixed by Sessions, and the Warrant shall be given to the Officer commanding, as his Voucher: Provided always, that the Officer or Non-commissioned Officer demanding Carriages by virtue of the Warrant of a Justice shall, in England, pay down the proper Surns into the Hands of the Constables providing Carriages, who shall give Receipts for the same on unstamped Paper; and, in Ireland, the Officers or Non-commissioned Officers as aforesaid shall pay the Owners or Drivers of the Carriages, and One Third Part of such Payment shall be made before the Carriage be loaded, and all the said Payments in Ireland shall be made, if required, in Presence of a Justice or Constable: Provided also, that no Carriage shall be liable to carry more than Thirty Hundred Weight in England, and in Ireland no Car shall be liable

to carry more than Six Hundred Weight, and no Dray more than Twelve Hundred Weight; but the Owner of such Carriages in Ireland, consenting to carry a greater Weight, shall be paid at the same Rate for every Hundred Weight of the said Excess; and the Owners of such Carriages in Ireland shall not be compelled to proceed, though with any less Weight, under the Sum of Three-pence a Mile for each Car, and Sixpence a Mile for each Dray; and the Loading of such Carriages in Ireland shall be first weighed, if required, at the Expence of the Owner of the Carriage, if the same can be done in a reasonable Time, without Hindrance of Her Majesty's Service ; and the providing and paying for Carriages in Scotland shall be regulated by the Law in force at the Time of the Union with England : Provided also, that a Cart with One or more Horses, for which the Furnisher shall receive Nine-pence a Mile, shall be required to carry Fifteen Hundred Weight at the least; and that no Penalties or Forfeitures in any Act relating to Highways or Turnpike Roads in the United Kingdom shall apply to the Number of Horses or Oxen, or Weight of Loading of the aforesaid Carriages, nor shall any such Carriages on that Account be stopped or detained.

LV. And be it enacted, That any Person who shall unlawfully Penalty for have in his or her Possession or Keeping, or who shall knowingly purchasing detain, buy, or exchange, or otherwise receive from any Marine Clothes, &c. or Marine Deserter, or any other Person, upon any Account or Pretence whatsoever, or shall solicit or entice any

Marine, or shall be employed by any Marine, knowing him to be such, to sell any Arms, Ammunition, Clothes, or Military Furniture, or any Provisions, Sheets, or other Articles used in Barracks or provided under Barrack Regulations, or which are generally deemed Regimental

Necessaries,

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Necessaries, according to the Custom of the Royal Marine Corps, or shall change or cause the Colour or Mark of any such Clothes, Appointments, or Necessaries to be changed or defaced, shall forfeit for every such Offence any Sum not exceeding Twenty Pounds nor less than Five Pounds, together with Treble the Value of all or any of the several Articles of which such Offender shall so become possessed; and if any credible Person shall prove, on Oath before a Justice of the Peace or Person exercising like Authority according to the Laws of that part of Her Majesty's Dominions in which the Offence shall be committed, a reasonable Cause to suspect that any Person has in his or her Possession or on his or her Premises any Property of the Description hereinbefore described, on or with respect to which any such Offence shall have been committed, the Justice may and he is hereby required to grant a Warrant to search for such Property as in the Case of stolen Goods; and if upon Search any such Property shall be found the same shall and may be seized by the Officer charged with the Execution of such Warrant, who shall bring the Offender in whose Possession the same shall be found before such Justice, to be dealt with according to Law.

LXII. And be it enacted, That all Offences for which any pecuniary Penalty or Forfeiture not exceeding Twenty Pounds, over and above any Forfeiture of Value or Treble Value, is by this Act imposed, shall and may be heard and determined by any Justice of the Peace in that Part of the United Kingdom in or near to which the Offence shall be committed ; and all such Penalties and Forfeitures, and Forfeiture of Value and Treble Value, shall and may be enforced and recovered in the same Manner as any pecuniary Penalties may be recovered under the Provisions of an Act passed in the Third Year of the Reign of His Majesty King George the Fourth, intituled An Act to facilitate summary Proceedings before Justices of the Peace and others, and by another Act passed in the Fifth Year of the Reign of His said Majesty, intituled An Act for the more effectual Recovery of Penalties before Justices and Magistrates on Conviction of Offenders, and for facilitating the Execution of Warrants by Constables ; provided always, that in all Cases in which there shall not be sufficient Goods whereon any Penalty or Forfeiture can be levied the Offender may be committed and imprisoned for any Time not exceeding Six Months; which said recited Acts shall be used and applied in Scotland for the Recovery of all such Penalties and Forfeitures as fully to all Intents as if the said recited Acts had extended to Scotland, any thing in the said recited Acts to the contrary notwithstanding ; and all such Offences committed in the British Isles or in any of Her Majesty's Dominions beyond the Seas may be determined, and the Penalties and Forfeitures of Value or Treble Value recovered, before any Justices of the Peace or Persons exercising like Authority, according to the Laws of the Part of Her Majesty's Dominions in which the Offence shall be committed; and all Penalties and Forfeitures by this Act imposed exceeding Twenty Pounds shall be recovered by Action in some of the Courts of Record at Westminster or in Dublin, or in the Court of Session in Scotland, and in no other Court in the United Kingdom, and may be recovered

Recovery of
Penalties.

3 G. 4. c. 29.

5 G.4. c. 18.

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in the British Isles, or in any other Parts of Her Majesty's Domi-
nions, in any of the Royal or Superior Courts of such Isles or
other Parts of Her Majesty's Dominions.

CA P. VIII.
An Act for raising the Sum of Thirteen Millions by Exche-

quer Bills, for the Service of the Year One thousand eight
hundred and thirty-nine.

[14th May 1839.]

CA P. IX.
An Act for repealing Part of an Act of the last Session of

Parliament, intituled An Act for suspending until the First
Day of August One thousand eight hundred and thirty-nine,
and to the End of the then Session of Parliament, the Appoint-
ment to certain Dignities and Offices in Cathedral and Collegiate
Churches, and to Sinecure Rectories. (a) [14th May 1839.]
WHEREAS by an Act passed in the last Session of Parlia-

ment, intituled An Act for suspending until the First Day 1&2Vict. c.109. of August One thousand eight hundred and thirty-nine, and to the End of the then Session of Parliament, the Appointment to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories, it was, amongst other things, enacted as follows; that is to say, that every Bishop to whom any Portion of another Diocese shall have been transferred by any Order in Council under the Provisions of the last-recited Act passed in the

Session held in the Sixth and Seventh Years of the Reign of His * late Majesty, thereby meaning an Act intituled An Act for carry- 6& 7 W.4. c.77. ing into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage, shall, during the Visitation of such Portion of his Diocese so transferred, be assisted by his own Chancellor or Commissary, and attended by his own Registrar; and that during any such Visitation the Chancellor or Commissary aforesaid shall in the Name of such Bishop and in conformity with the Usages observed ' in such Diocese, inhibit all inferior and concurrent Jurisdictions,

receive Presentments, admit Churchwardens to their Office, issue • Marriage Licences, grant Probates of Wills and Letters of Ad'ministration to the Effects of Intestates, and exercise in every respect the same Jurisdiction which the Chancellor or Commissary of any preceding Bishop has exercised in such Portion of his • Diocese so transferred, pending the Visitation of the Diocesan, and the Duration of any Inhibition which may have issued in consequence of such Visitation, any thing in the last-recited Act to the contrary notwithstanding; and that all Acts which have been or shall be done by any Chancellor or Commissary so assist

ing such Bishop as aforesaid shall be taken to be good and valid ' in Law to all Intents and Purposes whatsoever: And whereas great Inconvenience is likely to arise from the Provisions aforesaid, and it is adyisable that the same should be repealed :' Be (a) [See Chap. 14. post. ]

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it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Tem

poral, and Commons, in this present Parliament assembled, and by Certain Part of the Authority of the same, That from and after the passing of this recited Act, re- Act so much of the said recited Act as is herein recited shall be lating to Bishops and the same is hereby repealed, save and except as to any Matter Visitations, re

or Thing which shall have been done by any Bishop, Chancellor, pealed.

Commissary, or Registrar, under the Provisions of the said firstrecited Act, before the passing of this Act.

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26 G. 2. c. 22.

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CA P. X.
An Act for enabling the Trustees of the British Museum to

purchase certain Houses and Ground, for the Enlargement
of the Museum, and making a suitable Access thereto.

[4th June 1839.] HEREAS by an Act of Parliament made and passed in

the Twenty-sixth Year of the Reign of His Majesty King George the Second, intituled An Act for the Purchase of the Museum or Collection of Sir Hans Sloane and of the Harleian · Collection of Manuscripts, and for providing One general Reposi

tory for the better Reception and more convenient Use of the said · Collections and of the Cottonian Library, and of the Additions

thereto, it was enacted (amongst other things) that certain Officers ' for the Time being and Persons therein described or mentioned,

and certain other Persons to be appointed under the Powers • therein contained, should be Trustees for putting the said Act « in execution; and it was also enacted, that within the Cities of * London or Westminster, or the Suburbs thereof, One general

Repository should be erected or provided for the Reception of " the said Museum, and of the other Collections and the Libraries 6 therein mentioned, and of such other Collections and Libraries

as, with such Approbation as therein mentioned, should be ad"mitted into the said general Repository, which several Collections, • Additions, and Library so received into the said general Re

pository should remain and be preserved therein for public Use • to all Posterity; and it was further enacted, that for the better • Execution of the Purposes of the said Act the said Trustees • thereby appointed should be a Body Politic and Corporate, in

Deed and Name, and have Succession for ever, by the Name • of “ The Trustees of the British Museum," and by that Name

should sue and be sued, implead and be impleaded, and should have Power to have and use Common Seal, and to make Bye Laws, and to hold Lands and Hereditaments of such yearly Value

as therein mentioned, and to do all such other Acts and Things • as in the said Act are mentioned: And whereas under the Pro( visions of an Act of Parliament made and passed in the Twenty

eighth Year of the Reign of His said Majesty King George the • Second, intituled An Act for vesting Montague House in Trus. « tees and their Heirs freed and discharged from all the Estates, Uses, and Agreements to which it at present stands limited and

appointed, upon Trust to convey the same to the Trustees of the • British Museum for a general Repository, and upon such other Trusts as therein are mentioned, the Capital Messuage or Man

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28 G. 2. c.3.

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sion House theretofore called Montague House, situate in Great Russell Street in the Parish of Saint George Bloomsbury in the * County of Middlesex, and the Outhouses, Buildings, and Gardens ' then belonging to the same, were duly conveyed and assured • (subject to a yearly Rent or Sum of Five Pounds issuing there• out) unto and to the Use of the Trustees of the British Museum, their Successors and Assigns, by Indentures of Lease ' and Release bearing Date respectively the Fourth and Fifth • Days of April One thousand seven hundred and fifty-five, and 'made between the Right Honourable George Dunk Earl of

Halifax and William Folkes Esquire (Trustees under the last' mentioned Act for carrying the Trusts thereof into execution) of the one Part, and the Trustees of the British Museum of the other Part, and since that Time the said Capital Messuage or • Mansion House and Premises have been generally called or • known by the Name of “ The British Museum :" And whereas by an Act of Parliament made and passed in the Fifth Year of His Majesty King George the Fourth, intituled An Act for 5 G. 4. c. 39.

amending former Acts relative to the British Museum, it was enacted ' (amongst other things) that the Trustees of the British Museum • should for the Purpose of the several Acts relating to the same, and for the Enlargement, Improvement, and better Endowment of the said Museum, and for any Purposes connected with the said Museum, have full Power, Capacity, and Ability to pur'chase, take, hold, and enjoy any Lands, Tenements, Heredita'ments, and to accept any Gifts, Grants, Devises, and Bequests of Lands, Tenements, and Hereditaments, and of any Interest therein, and of any Money issuing out of or charged upon or i to arise from the Sale of Lands, Tenements, and Hereditaments, ' of and to any Value and Amount whatever, the Statutes of

Mortmain or any other Statute or Law to the contrary thereof ' in anywise notwithstanding : And whereas the Buildings of the British Museum being insufficient for the proper Reception and • Exhibition of the various and increased Collections belonging ' thereto, a general Design for a suitable Edifice was in the Year One thousand eight hundred and twenty-three, with the Approbation of the Lords Commissioners of His Majesty's Treasury, 'adopted by the Trustees of the British Museum, and in conformity 'thereto, and with Grants of Money which have from Time to Time

been made by Authority of Parliament, the Works of the said • Edifice have been carried on, and are now in a State of consider' able Progress: And whereas, in order to complete the said ' general Design, and to make a suitable Front and Access to the ' said British Museum, it is expedient that the Trustees of the British Museum should be empowered to purchase and take the * several Messuages, Buildings, Pieces or Parcels of Land, and • Hereditaments, abutting on Great Russell Street aforesaid and

on Montague Street in the said Parish of Saint George Blooms.bury, which are specified in the Schedule annexed to this Act :' May it therefore please Your Majesty that it may be enacted; and 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 Meaning of cerAuthority of the same, That in the Construction of this Act every tain Words in 2 & 3 Vict.

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