Imatges de pàgina
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Proof that sufficient Notice has been given to the Plaintiff or Informer, or to his Attorney, of the Application, to make such Order as aforesaid ; and upon the making such Order, and Payment or Tender of such Costs as aforesaid, such Writ, Suit, Action, Bill, Plaint, or Information shall be forthwith discontinued, or such Conviction shall be quashed, as the Case may be : Provided always, that in all Cases in which any such Writ, Suit, Action, Bill, Plaint, or Information shall have been sued out or commenced subsequently to the Sixteenth Day of April One thousand eight hundred and thirty-nine, it shall be lawful for such Court, Judge, or Justice as aforesaid to make such Order for discontinuing the same, or quashing any Conviction had thereon, without Payment

of any Costs, and in every such Case, on the making of such 1 Order, such Writ, Suit, Action, Bill, Plaint, or Information shall

be forthwith discontinued, or such Conviction shall be forthwith quashed, as the Case may be: Provided always, that nothing herein contained shall be deemed or taken to enable any Person to recover back any Money paid before the passing of this Act, in pursuance of any Judgment or Conviction duly obtained under the Provisions of the said recited Act.

VI. And be it enacted, That the said Act, and all Acts made Former Acts for the Amendment thereof, except so far as herein repealed or construed with

this Act. altered, shall be construed as One Act together with this Act.

VII. 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 Par. amended. liament.

CA P. XIII.
An Act for extending the Copyright of Designs for Calico
Printing to Designs for printing other woven Fabrics. (a)

[4th June 1839.] WI

HEREAS by an Act passed in the Twenty-seventh Year

of the Reign of His late Majesty King George the Third, 'intituled An Act for the Encouragement of the Arts of designing 27 G. 9. c. 98. ' and printing Linens, Calicoes, and Muslins by vesting the Properties thereof in the Designers, Printers, and Proprietors for a limited T'ime ; and by another Act made in the Thirty-fourth 34 G. 3. c. 23. Year of the same Reign, for amending and making perpetual the said Act, it was enacted, that every Person who should invent, design, and print, or cause to be invented, designed, and printed, and become the Proprietor of any new and original Pattern or ' Patterns for printing Linens, Cottons, Calicoes, or Muslins,

should have the sole Right and Liberty of printing and re-print'ing the same for the Term of Three Months: And whereas it ' is expedient to extend the said Acts to Ireland: And whereas ' since the passing of the last-recited Act there have been invented

other Fabrics of a similar Nature, to which the said Copyright doth not extend; 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 this Act shall Commencement come into operation on the passing thereof. (a) [ See Chap. 17. post.]

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II. And

of Act.

Acts extended II. And be it enacted, That the said recited Acts and this Act to Ireland.

shall extend to Ireland, as well as to England and Scotland. Description of III. And be it enacted, That the Provisions of the said recited Fabrics to which Acts shall extend to the following woven Fabrics published after the recited Acts the passing of this Act; (that is to say,). shall extend.

To Fabrics composed of Wool, Silk, or Hair:
To mixed Fabrics, composed of any Two or more of the

following Materials ; (that is to say,) Linen, Cotton,

Wool, Silk, or Hair. Recited Acts IV. And with regard to any Fabrics to which the recited Acts construed with and this Act extend which shall be published after the passing of this Act.

this Act, be it enacted, That the recited Acts and this Act shall be

construed as One Act. Remedy for V. And be it enacted, That if any Offence either against the Offences com- recited Acts or against this Act be committed in Ireland, the mitted.

Party aggrieved shall have the same Remedies in the Supreme
Courts of Law in Dublin which in the like Case the same Party
would have in England.

CA P. XIV.
An Act for removing Doubts as to the Appointment of a
Dean of Exeter or of any other Cathedral Church. (a)

[4th June 1839.] : WHI

HEREAS by the Statutes and Customs of the Cathedral

Church of Exeter, and of certain other Cathedral Churches, ' it is required that the Deans of such Churches respectively shall • be appointed or elected out of the Number of the Prebendaries

or Canons Residentiary thereof: And whereas the Deanery of < the said Cathedral Church of Exeter is now vacant, but by reason

• of the Provisions of an Act passed in the Seventh Year of the 6&7W.4. c.67. • Reign of His late Majesty, intituled An Act for suspending for

One Year Appointments to certain Dignities and Offices in Ca. thedral and Collegiate Churches, and to Sinecure Rectories, which

• Act was and is continued by an Act passed in the last Session of 1 & 2 Vict. • 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 Appointment to certain

Dignities and Offices in Cathedral and Collegiate Churches, and ' to Sinecure Rectories, Doubts are entertained whether any Col• lation to a Prebend or any Election to a Canonry can be made in 'the present Circumsiances of the Chapter of the said Church:

And whereas similar Doubts may arise upon the Vacancy of the Deanery of any of such other Churches as aforesaid; 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 AuA Prebend or

thority of the same, That nothing in either of the said Acts conCanonry may be filled up to

tained shall during the Vacancy of the Deanery of any Cathedral qualify for a Church prevent any Spiritual Person from being collated or elected Deanery, not- or appointed to the Prebend or to the Canonry in such Church withstanding held by the last Dean thereof, for the Purpose of qualifying such the Cathedral Appointments

Person to be appointed or elected Dean thereof, but that such Suspension

(a) [See Chap. 9. ante.] Acts.

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c. 108.

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Person shall, upon such Collation, Election, or Appointment, be a Prebendary or Canon Residentiary of such Church to all intents and Purposes, and entitled to all Rights, Privileges, and Emoluments to such Prebend or Canonry belonging or appertaining, subject nevertheless to such Measures and Regulations as may hereafter be enacted respecting the same.

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CA P. XV.
An Act to provide for the more effectual Execution of the

Office of a Justice of the Peace within and adjoining to the
District called The Staffordshire Potteries, and for Purposes
connected therewith.

[4th June 1839.] WHEREAS the Execution of the Office of a Justice of the

Peace within the Borough of Stoke-upon-Trent (com'prising the District called The Staffordshire Potteries), and the several Places adjoining thereto herein-after named; that is to say, the Townships, Liberties, or Places of Trentham, Hanford, and Blurton, in the Parish of Trentham ; Normacott in the Parish of Stone ; Clayton, Botteslow, Bucknall, and Bagnall, in the • Parish of Stoke-upon-Trent; Abbey Hulton in the Parish of · Burslem ; the Parish of Norton-on-the-Moors; and Wolstanton, Chell, and Chatterley, in the Parish of Wolstanton, all in the ' County of Stafford, has become and is likely to continue difficult • and burthensome, owing to the very great and increasing Extent

of the Population and Manufactories within the Borough and Places aforesaid, and the Attendance of a sufficient Number of • Justices of the Peace for the said County cannot always be pro

cured for the prompt Administration of the said Office therein; • and it would tend to afford better Protection to the Persons and * Properties of the Inhabitants, and be of Advantage to the Public, • if Provision were made by Authority of Parliament for the Ap

pointment of a Justice of the Peace, with a Stipend or Salary, • for the more effectual Execution of the Office of a Justice of the • Peace within the said Borough of Stoke-upon-Trent and Places * adjoining thereto, and for other Purposes connected therewith :' 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 Authority of the same, That it shall be lawful for Her Majesty, Her Her Majesty Heirs and Successors, from Time to Time as Occasion may re. may appoint quire, to appoint and from Time to Time to remove One fit and

a Stipendiary

Justice of the able Person, being a Barrister at Law of Six Years standing at the Peace for the least, and being a Justice of the Peace for the County of Stafford, Limits herein to execute the Office of a Justice of the Peace within the said described. Borough of Stoke-upon-Trent and the Places adjoining thereto herein-before mentioned; and it shall be lawful for any such Person so appointed to act as a Justice of the Peace within the said Borough and Places adjoining thereto aforesaid without having such Qualification and without taking such Oath of Qualification as are required by Law for qualifying any Person to act as a Justice of the Peace, any Law or Statute to the contrary notwith

standing;

standing; and it shall also be lawful for any such Person so appointed a Justice of the Peace to receive and take the Stipend or Salary herein-after mentioned as a Remuneration for his Services

under the Provisions of this Act. Such Justice II. And be it further enacted, That it shall be lawful for any may act with or such Stipendiary Justice to sit and act as a Justice of the Peace of without other

the said County within the said Borough and Places adjoining Justices, but

thereto aforesaid, either alone or together with any other Justice not out of the Limits;

or Justices of the Peace of the said County who may think proper to attend; but such Stipendiary Justice shall not during his Continuance in his said Office act as a Justice of the Peace out of the

Limits of this Act. may act alone in III. Provided always, and be it further enacted, That it shall certain Cases; be lawful for any such Stipendiary Justice to do alone any Act

within the Limits of this Act which by any Law now in force, or by any Law not containing an express Enactment to the contrary hereafter to be made, is or shall be directed to be done by more

than One Justice in all Cases relating to Assaults. not to be a IV. Provided also, and be it further enacted, That no StipenMember of the diary Justice of the Peace to be appointed by virtue of this Act House of Com- shall during his Continuance in Office as such Stipendiary Justice mons.

be capable of being elected or of sitting as a Member of the House

of Commons. The Limits V. And be it further enacted, That such Stipendiary Justice within which shall reside within the Borough of Stoke-upon-Trent, or within such Justice

Two Miles of the North Staffordshire Infirmary by the nearest must reside; his

Road, and shall attend at some suitable public Rooms or Offices, Attendances and Places of

at the Times and in the several Towns herein-after mentioned, for sitting. the Hearing and Despatch of Business; that is to say, in every

Week, One Day at Hanley or at Shelton, One Day at Burslem, One Day at Tunstall, One Day at Stoke-upon-Trent or Fenton alternately, and One Day at Lane End or at Longton, and on each Day from the Hour of Ten of the Clock in the Forenoon to the Hour of Four of the Clock in the Afternoon, unless the Business of the Day be sooner disposed of, and at all such other Times when any special Occasion may require his immediate Services: Provided always, that the Attendance of such Justice may, when requisite, be supplied by any other Justice of the Peace for the said County; provided also, that no such Attendance shall be given on Sunday, Christmas Day, Good Friday, or any Day appointed for a Public Fast or Thanksgiving, unless in cases of urgent Necessity, or when it shall be directed by One of Her

Majesty's Principal Secretaries of State. Salary.

VI. And be it further enacted, That a Salary at the Rate of Eight hundred Pounds in each Year shall be paid by the Treasurer to be appointed as herein-after directed to the Justice to be appointed by virtue of this Act, and his Successors respectively, such Salary to commence from the Time when any such Justice shall enter on the Duties of his Office, and to be paid so long as any such Justice shall continue to discharge the Duties of his Office; such Salary to be payable and paid by Two equal half-yearly Payments on the Twenty-fourth Day of June and the Twenty-fifth Day of December, or on any following Day, on Demand made by or by Authority of such Justice; and a due Proportion of the first

half

half-yearly Sum shall be paid at the Time and in manner aforesaid in case the Justice shall enter on the Duties of his Office on any Day between such half-yearly Days; and in case of the Resignation or Removal of any such Justice between any

such half-yearly Days of Payment, then he shall be entitled to and be paid a due Proportion of the said Salary up to the Period of his Resignation or Removal; and in case of his Death between any such halfyearly Days of Payment, his Representative shall be entitled to and be paid a due Proportion of the said Salary up to the Period of his Death.

VII. And be it further enacted, That it shall be lawful for any Justice to apsuch Justice to be appointed in pursuance of this Act from Time point Clerk. to Time to appoint a Clerk, and from Time to Time at his Pleasure to remove any Clerk so appointed; and such Clerk shall attend in his own Person, and not by any Deputy, Substitute, or Proxy, (except when prevented by Iliness or some other sufficient Cause, to be allowed under the Hand of such Justice,) at all official Sittings of any Justice acting for the Purposes of this Act, and assist him in the Execution of his Duties; and the said Clerk shall be allowed and paid a Salary or Sum not exceeding Two hundred and fifty Pounds per Annum, at the Discretion of the said Stipendiary Justice, in full Recompence for his Trouble and Attendance in the Execution of this Act; such Salary or Sum to be paid by the Treasurer to be appointed as herein-after mentioned in Four equal quarterly Payments in every Year, and the first quarterly Payment thereof to be made at the End of Three Calendar Months from the Time of such Appointment.

VIII. Provided always, and be it further enacted, That no such Clerk while in Clerk to be appointed as aforesaid shall during his Continuance in Office not to act Office as such Clerk act as an Attorney or Solicitor, or Clerk to as a Solicitor. any Attorney or Solicitor, or Clerk to any Board of Guardians of the Poor.

IX. And be it further enacted, That as soon as conveniently Fees to the may be after the passing of this Act Her Majesty's Justices of the Clerk. Peace acting in and for the Hundred or Division of Pirehill North in the County of Stafford, in Special Sessions assembled, or any Two of them, shall make and settle a Table of the Fees which shall be taken by the said Clerk; and such Table of Fees shall be submitted to One of Her Majesty's Principal Secretaries of State, and such Table of Fees shall be confirmed and allowed by such Secretary of State, either with or without

any

Additions, Abatements, or Alterations therein to be made or not, at the Discretion of such Secretary of State, and thenceforth the Clerk of such Justice shall and lawfully may demand and take the Fees therein mentioned : Provided always, that it shall be lawful for any such Justices assembled in Special Sessions, or any Two of them, from Time to Time as Occasion may require, to make and settle any other Table of Fees to be taken instead of the Fees contained in any former Table, which shall be also submitted to and be confirmed and allowed by One of Her Majesty's Principal Secretaries of State in the Manner herein-before mentioned with respect to the first-mentioned Table of Fees; provided also, that until such Tables of the Fees so to be taken shall have been made and confirmed as afore. said it shall be lawful for such Clerk to take such Fees as are

authorized

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