when Militia

is drawn out.

Act may be amended, &c.

11 G. 4. &

1 W. 4. c. 47.

Officer shall be drawn out and embodied for actual Service, he shall be discharged from personally performing the Office of Sheriff while the Militia shall remain embodied, and the Under Sheriff shall be answerable for the Execution of the said Office, in the Name of the High Sheriff, during the same Time; and the Secu rity given by the Under Sheriff, and his Pledges to the High Sheriff, shall stand a Security to the Queen, Her Heirs and Suecessors, and to all Persons whatsoever, for the due performing his Office during such Time.

III. And be it enacted, That this Act may be repealed or amended by any Act to be passed in this Session of Parliament. CA P. LX.

An Act to explain and extend the Provisions of an Act passed in the First Year of His late Majesty King William the Fourth, intituled An Act for consolidating and amending the Laws for facilitating the Payment of Debts out of Real [17th August 1839.]

Estate.

W HEREAS by an Act passed in the First Year of the Reign of His late Majesty King William the Fourth, intituled An Act for consolidating and amending the Laws for facilitating the Payment of Debts out of Real Estate, it was (amongst other things) enacted, that where any Suit had been or should be instituted in any Court of Equity for the Payment of any Debts of any Person or Persons deceased to which their Heir or Heirs, Devisee or Devisees might be subject or liable, and such Court of Equity should decree the Estates liable to such Debts or any of them to be sold for Satisfaction of such Debt or Debts, and by reason of the Infancy of any such Heir or Heirs, Devisee or Devisees, an immediate Conveyance thereof could not, as the Law then stood, be compelled, in every such Case such Court should direct, and if necessary compel, such Infant or Infants to convey such Estates so to be sold (by all proper Assurances in the Law) to the Purchaser or Purchasers thereof, and in such Manner as the said Court should think proper and direct, and every such Infant should make such Conveyance accordingly, and every such Conveyance should be as valid and effectual to all Intents and Purposes as if such Person or Persons being an Infant or Infants was or were at the Time of executing the same of the full Age of Twenty-one Years; and it was also thereby further enacted, that where any Lands, Tenements, or Heredita'ments had been or should be devised in Settlement by any Per< son or Persons whose Estate under the said Act now in recital or by Law, or by his or their Will or Wills, should be liable to the • Payment of any of his or their Debts, and by such Devise should be vested in any Person or Persons for Life or other limited In'terest, with any Remainder, Limitation, or Gift over which might not be vested, or might be vested in some Person or Persons from whom a Conveyance or other Assurance of the same could not be obtained, or by way of executory Devise, and a Decree should be made for the Sale thereof for the Payment of such • Debts or any of them, it should be lawful for the Court by whom 'such Decree should be made to direct any such Tenant for Life

or other Person having a limited Interest, or the first executory Devisee thereof, to convey, release, assign, surrender, or other'wise assure the Fee Simple or other the whole Interest or Inte rests so to be sold to the Purchaser or Purchasers, or in such Manner as the said Court should think proper; and every such Conveyance, Release, Surrender, Assignment, or other Assurance should be as effectual as if the Person who should make and execute the same were seised or possessed of the Fee Simple or other whole Estate so to be sold: And whereas Doubts are entertained whether the herein-before recited Provisions of the 'said Act extend to authorize Courts of Equity to direct Mortgages as well as Sales to be made of the Estates of such infant Heirs or Devisees, or of Lands, Tenements, or Hereditaments so <devised in Settlement as aforesaid, and also to authorize such Sales and Mortgages to be made in Cases where such Tenant for Life or other Person having a limited Interest, or such first executory Devisee as aforesaid, is an Infant; and it is expedient that the said Provisions of the said Act should be so extended, and that further Provision should be made in relation thereto in manner herein-after mentioned: 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 herein-before recited Provisions of the said Act shall extend and the same are hereby extended to authorize Courts of Equity to direct Mortgages as well as Sales to be made of the Estates of such infant Heirs or Devisees, and also of Lands, Tenements, or Hereditaments so devised in Settlement as aforesaid, and to authorize such Sales and Mortgages to be made in Cases where such Tenant for Life or other Person having a limited Interest, or such first executory Devisee as aforesaid, is an Infant.

II. And be it further enacted, That when any Sale or Mortgage shall be made in pursuance of the said recited Act or this Act, the Surplus (if any) of the Money raised by such Sale or Mortgage, which shall remain after answering the Purposes for which the same shall have been raised, and defraying all reasonable Costs and Expences, shall be considered in all respects of the same Nature, and descend or devolve in the same Manner, as the Estate, or the Lands, Tenements, or Hereditaments so sold or mortgaged, and shall belong to the same Persons, be subject to the same Limitations and Provisions, and be applicable to the same Purposes as such Estate or such Lands, Tenements, or Hereditaments would have belonged and been subject and applicable to in case no such Sale or Mortgage had been made.

CA P. LXI.

An Act for the Improvement of the Navigation of the River
Shannon.
[17th August 1839.]

WHEREAS an Act was passed in the Fifth and Sixth Years

Recited Pro

visions of 11 G. 4. &

1 W. 4. c. 47. extended to authorize Mortgages as well as Sales of Estates.

Surplus of
Money arising

from such Sale
or Mortgage to
descend in the
same Manner as
the Estates so

sold or mortgaged would

have done.

of the Reign of His late Majesty King William the Fourth, 'intituled An Act for the Improvement of the Navigation of the 5&6W.4.c.67. 'River Shannon, whereby, after reciting that the Improvement of "the Navigation of the said River from its Source in Lough Allen in

the

The Works described in the

Plans aforesaid

to be carried into effect.

Treasury to appoint Commissioners.

6

⚫ the County of Leitrim to its Mouth would contribute to the gene-
ral Prosperity, Commerce, Agriculture, and Revenue of Ireland,
and also tend to the Advantage and Improvement of the respec-
tive Counties and Districts adjoining to such Navigation, it was
⚫ enacted, that Commissioners should be appointed by the Commis-
sioners of Her Majesty's Treasury of the United Kingdom of
• Great Britain and Ireland, for the Purpose of ascertaining the
• Works necessary to be executed for the Improvement of the said
Navigation, and making an Estimate of the Expence thereof,
and for the other Purposes therein mentioned: And whereas
the Commissioners appointed pursuant to the said Act have
made Reports, in which they have recommended certain Works
as proper to be executed, and have also prepared Plans, with
Maps and Schedules thereto attached, of such Works, and Esti-
mates of the Expence of executing the same: And whereas the
⚫ said Commissioners have also inquired into and adjudicated upon
such Claims as were brought before them, under the Provisions
of the said recited Act, in respect of Rights of Fishery and other
Rights, and also in respect of the Lands, Tenements, and Here-
ditaments required to be taken for or likely to be injured by the
said proposed Works, and have duly made and published their
final Awards and Adjudications with respect to such Claims, and
have also inquired into and determined the Benefit likely to accrue
to the several Counties or Parts of Counties, and to individual
Estates, by means of the said proposed Works, and made Awards
fixing the Proportion of Contribution to be made respectively by
such Counties or Parts of Counties and the Owners of such
Estates towards the Repayment of the Sums to be advanced for
the Execution of the proposed Works, and have also recom
'mended certain Tolls and Rates to be taken and levied on the
'said Navigation: And whereas the said Maps and Plans are now
deposited with and are in the Custody of the Commissioners of
Her Majesty's Treasury; and it is expedient that the several
• Works mentioned and described in the Maps and Plans aforesaid
'should be carried into execution by Commissioners to be for that
Purpose nominated, and that the Expence attendant upon the
Execution of the said Works should be defrayed as herein-after
provided:' Be it therefore enacted by the Queen's most Excel-
lent 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
Works mentioned and described in the Maps and Plans aforesaid
shall be carried into full and complete Execution, subject however
to such Alterations, Additions, or Reductions as shall be made
therein pursuant to the Power herein-after reserved.

II. And be it enacted, That it shall and may be lawful for the Commissioners of Her Majesty's Treasury, or any Three or more of them, to nominate by Warrant under their Hands Three or more Persons to be Commissioners for the Execution of this Act, One of whom only shall be entitled to any Salary for his Services under this Act; and all Powers and Authorities whatsoever given to or vested in the said Commissioners for the Execution of the said recited Act, or such of them as may be necessary for the due Execution of this Act, or for continuing any Proceeding com

menced

menced under the said recited Act, shall immediately on such Nomination be vested in and may be exercised from Time to Time by the Commissioners who shall be appointed for the Execution of this Act, and the Powers of the Commissioners heretofore appointed under the said recited Act for all such Purposes shall thenceforth cease.

Treasury may

Treasury may issue Exchequer Bills not

III. And be it enacted, That it shall and may be lawful for the said Commissioners of Her Majesty's Treasury, or any Three or remove Commissioners, and more of them, and they are hereby authorized and empowered, to may nominate remove from Time to Time any One or more of the said Commis- others in case sioners, and in case of such Removal, or in case of the Death or of Removal, Resignation of any One or more of the said Commissioners, to Death, or nominate and appoint by Warrant under their Hands any other Resignation. Person or Persons to be a Commissioner or Commissioners for executing this Act in the Room of the Commissioner or Commissioners so removed, dying, or resigning as aforesaid. IV. And be it enacted, That it shall and may be lawful for the Commissioners of Her Majesty's Treasury, or any Three or more of them for the Time being, by Warrant under their Hands, to cause or direct to be made out from Time to Time as may be necessary for the Purposes of this Act, at Her Majesty's Exchequer in Great Britain, any Number of Exchequer Bills not. exceeding in the whole the Sum of Five hundred and eighty-four thousand eight hundred and seven Pounds, such Bills to be made out in the same or like Manner, Form, and Order, and according to the same or like Rules and Directions (except where other Directions for making out the same are contained and particularly expressed in this Act), as in and by an Act passed in the Fortyeighth Year of the Reign of His Majesty King George the Third, intituled An Act for regulating the issuing and paying off of 48 G. 3. e. 1. Exchequer Bills, are enacted and prescribed.

exceeding

584,807.

to extend to

this Act.

V. And be it enacted, That all and every the Clauses, Pro- Provisions of visoes, Powers, Privileges, Advantages, Penalties, Forfeitures, and 48 G. 3. c. 1. Disabilities contained in the said Act of the Forty-eighth Year of the Reign of His Majesty King George the Third shall be applied and extend to the Exchequer Bills to be made out in pursuance of this Act, as fully and effectually, to all Intents and Purposes, as if the said several Clauses or Provisions had been particularly repeated and re-enacted in the Body of this Act.

VI. And be it enacted, That the Exchequer Bills to be made Exchequer Bills out in pursuance of this Act shall and may bear an Interest not to bear Interest. exceeding the Rate of Three-pence Halfpenny per Centum per Diem upon or in respect of the whole of the Monies respectively contained therein; and the Principal Sum contained in such Exchequer Bills, and the Interest accruing thereon, shall be made payable at such Periods and at such Places as shall be fixed by the said Commissioners of Her Majesty's Treasury, or any Three or more of them, nevertheless so as that all such Bills as shall be made out for the Purposes of this Act shall be made payable within Three Years from the Date thereof, and that the Principal Sum contained in every such Bill, together with such Interest as aforesaid, computed from the Day upon which such Interest thereon shall have been already paid until the Time appointed for the Payment of the said Bills, shall be paid off and discharged

upon

Bills to be current at the

Exchequer after

the Times when they become due.

How Money shall be issued

for the Purposes

of this Act.

upon the Days and Times respectively appointed for the Payment thereof.

VII. And be it enacted, That all and every the Exchequer Bills to be issued forth by virtue of this Act, or so many of them as shall from Time to Time remain undischarged and uncancelled after the respective Days on which they shall become due and payable, shall and may from and after that Time pass and be current to all and every the Receivers and Collectors in Great Britain and Ireland of the Customs, Excise, or any Revenue, Supply, Aid, or Tax whatsoever already granted, due, or payable, or which shall or may hereafter be granted, due, or payable, to Her Majesty, Her Heirs and Successors, and also at the Banks of England and Ireland to the Account of Her Majesty's Exchequer, from the said Receivers or Collectors, or from any other Person or Persons, Bodies Politic or Corporate whatsoever, making any Payment there to Her Majesty, Her Heirs and Successors, for or upon any Account, Cause, or Occasion whatsoever, according to the Purport and true Meaning of this Act.

VIII. And be it enacted, That when and as often as any Money shall be required for the Purposes of this Act it shall and may be lawful for the said Commissioners of Her Majesty's Treasury, or any Three or more of them, upon the Application of the Commissioners for the Execution of this Act, to issue and advance, or cause to be issued and advanced, to the said Commissioners for the Execution of this Act, out of the growing Produce of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, such Sum or Sums of Money as they shall think fit, not exceeding the said Sum of Five hundred and eighty-four thousand eight hundred and seven Pounds; or in case the said Commissioners of the Treasury shall so think fit, it shall be lawful for them, or any Three or more of them, to direct the Comptroller General of Her Majesty's Exchequer at Westminster for the Time being to issue and make out Exchequer Bills to such an Amount, not exceeding the said Sum of Five hundred and eighty-four thousand eight hundred and seven Pounds, as they shall think fit to direct for the Purposes aforesaid; and such Comptroller General shall, upon the Receipt of such Direction of the Commissioners of the Treasury, cause and direct the Exchequer Bill or Bills so ordered to be made out to be delivered to such Person as shall be named by the said Commissioners of the Treasury to receive the same, and such Bill or Bills shall be issued and delivered, upon the Warrant in Writing of the Commissioners for the Execution of this Act first had and obtained, to the Person or Persons in such Warrant named; and every such Exchequer Bill shall bear Date on the Day on which the said Commissioners of the Treasury shall appoint and direct: Provided always, that the whole Amount of the Money so to be advanced for the Purposes of this Act, either out of the said Consolidated Fund or by the Issue of Exchequer Bills, shall not exceed the said Sum of Five hundred and eightyfour thousand eight hundred and seven Pounds: Provided also, that the Sum of Two hundred and ninety thousand seven hundred and seventeen Pounds only may be issued by way of Grant, and the Sum of Two hundred and ninety-four thousand and ninety Pounds by way of Loan, to be repaid as herein-after provided.

IX. And