Imatges de pàgina
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if there be no existing trustees, the owners shall proceed to appoint at that meeting, or at some adjournment thereof, not less than five nor more than eleven persons, being owners, to be "elected trustees" for the purposes of this Act, and the incumbent for the time being shall be ex officio an "elected trustee" in addition to the trustees so appointed.

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5. A certificate under the hands of two Justices (not being themselves owners) having jurisdiction in the parish, township, district, or place within which the church or benefice in question is situate, certifying that the consent of the owners to a sale of the advowson has been duly obtained, and (in those cases where it is necessary that elected trustees" be appointed) containing the names, residences, and description of the "elected trustees," shall be sufficient evidence of such consent and of such appointment, and any two Justices having jurisdiction as aforesaid are hereby authorized and required, on application to them made, and on being duly satisfied of the truth of the facts, to certify accordingly.

6. Immediately upon the grant of such certificate the advowson shall become absolutely vested in the trustees for the purpose of effecting such sale, freed from all the uses, trusts, and declarations for the benefit of or otherwise relating to the owners then affecting the same, but subject to the right, title, estate, or interest (if any) of every other person therein; and the trustees shall, as soon thereafter as conveniently may be, sell the advowson by public auction or by private contract, and subject to any special conditions, as to them shall seem expedient, and may buy in the same at any auction, and resell the same by public auction or by private contract, without being answerable for any loss which may happen by such resale, and shall have full discretion in the premises, and may execute and do all contracts, deeds, and other acts necessary for effecting such sale.

7. Any conveyance of an advowson in pursuance of this Act shall be by deed (duly stamped) under the hands and seals of any three of the trustees, in which the consideration shall be truly stated.

8. The receipt in writing of three of the trustees for any money paid to them by a purchaser of the advowson shall be an effectual discharge to such purchaser for the sum which in such receipt shall be acknowledged to be received, and such purchaser shall not be obliged to see to the distribution of such money, or be otherwise answerable or accountable for the loss, misapplication, or nonapplication thereof.

9. The monies to be received by the trustees from or by means of such sale shall be applied by them in the following order:

1st. In payment of the costs, charges, and ex

penses occasioned by any meeting of owners as aforesaid, and by the execution of the powers by this Act conferred upon the trustees, or incident thereto, respectively:

2nd. If there be no parsonage house attached to the advowson so sold, or if the parsonage house attached thereto be dilapidated or insufficient, then in payment of the expense of erecting a parsonage house, and of providing a site for the same, or in the reconstruction or repair of the existing parsonage house, or in making any requisite additions thereto, as the circumstances of the case may require : 3rd. If the living be under the gross yearly value of 1501., then in investing a sum sufficient to produce an annual income which, together with the existing annual income, will raise the yearly value of the living (exclusive of the parsonage house) to not exceeding 150%, per annum :

4th. If the fabric of the church be in such a state as to require immediate repair, then in the expenditure upon the fabric of a sum sufficient to place the same in sufficient repair: 5th. In the investment of a sum the annual income whereof will, in the opinion of the trustees, be sufficient to maintain the fabric of the church in complete repair:

6th. In the erection of schools in connexion with the church, or of a chapel of ease in the parish, township, ecclesiastical district, or place in which such church is situate, or of a parsonage house to a chapel of ease, or in providing a site for a chapel of ease or parsonage house, or in the endowment of a chapel of ease, or in contributing to such objects or any of them, as the trustees may in their discretion see fit:

7th. If there be no such purposes to which such monies are applicable, or if there be a surplus of such monies after answering such purposes, then such monies, or the surplus thereof, as the case may be, shall be invested, and the annual income thereof shall be applied, in aid of the rates levied for the relief of the poor of the parish, township, or place in which the church is situate, or in aid of any improvement rate levied therein :

Provided always, that the owners at any meeting convened and held in manner herein before provided may determine that any one or more of the objects mentioned in the fifth, sixth, and seventh heads of application respectively shall have priority over any other object mentioned in those heads.

10. The trustees shall from time to time invest any monies by this Act directed to be invested by them in the purchase of any Government or Bank of England or East India Company's stock, or securities, or on mortgage of freehold or copyhold lands in England or Wales, or in the mortgages or bonds of any company incorporated by special Act of Parliament, as they may deem fit.

11. The concurrence of two-thirds at least of the whole number of trustees shall be necessary to give effect to any resolution of the trustees, and every resolution of the trustees in which that number shall concur shall be binding upon the other trustees and upon the owners on whose behalf such trustees are authorized to act.

12. If any of the trustees, before the complete execution of the trusts by this Act devolved upon them, should become incapable or unwilling to act or reside abroad, the vacancies may, in the case of existing trustees, be supplied in the manner provided by the Act of Parliament, deed, or instrument regulating their proceedings; and in the case of elected trustees the vacancies may be supplied by the owners at any meeting convened and held in manner herein before provided with respect to the convening and holding of a meeting of owners for the purpose of consenting to the sale of an advowson; and a certificate of two such Justices as aforesaid, and which such Justices, on being satisfied of the truth of the facts, are hereby authorized and required to grant, that such vacancies have been supplied, and containing the names, residences, and descriptions of the new trustees, shall be conclusive evidence of the facts, and thereupon such new trustees shall have the same property, rights, and powers in and with respect to the advowson as the trustees in whose place they were appointed.

13. Trustees acting by virtue of this Act shall not be answerable or accountable for the acts, neglects, or defaults of any co-trustee, or for any agent or banker appointed by the trustees, or for any loss, except such as shall happen through their own wilful act, negligence, or default.

14. In case of the death, cession, or resignation of any incumbent of a benefice after the owners shall have directed the advowson of such benefice to be sold, but before the sale shall have been effected, then the persons in whom the right of presentation and nomination would but for this Act have been vested shall (under and subject to the conditions under which such right would but for this Act have been exercised) present and nominate a person to such benefice as if this Act had not been passed.

15. The owners of an advowson, at a meeting convened and held in manner hereinbefore provided with respect to the convening and holding of a meeting of owners for the purpose of consenting to the sale of an advowson, may consent to the borrowing of money from "The Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy," or from any other society or persons, for the purposes authorized by the Acts 17 Geo. 3. c. 53, 21 Geo. 3. c. 66, 7 Geo. 4. c. 66, and the 1 & 2 Vict. c. 23, as fully and effectually as any patron absolutely entitled to an advowson not within the provisions of this Act may lawfully do.

16. The certificate of two such Justices as aforesaid, which they are hereby authorized and required to grant on being satisfied of the truth of the fact, that such consent has been duly given, shall be conclusive evidence of the fact, and such certificate shall, for all purposes whatever, be deemed the consent of the patron within the meaning of those Acts.

17. This Act shall extend only to England and Wales.

CAP. LI.

An Act to permit the Use of Rice in the Distillation of Spirits.

(14th July 1856.)

ABSTRACT OF THE ENACTMENTS.

1. Power to distil spirits from rice, &c.

2. How duty to be charged in respect of sugar used with other materials.

By this Act, it is Enacted as follows:1. From and after the passing of this Act it shall be lawful for any licensed distiller in any part of the United Kingdom to make or brew worts or wash and to distil spirits from rice, or from any of the several articles or materials aforesaid, or from any mixture of all or any of the same with or without rice, any thing contained in any former Act or Acts to the contrary notwithstanding.

2. Provided always, That where sugar mixed with all or any of the other materials aforesaid shall be used in the distillation of spirits, the distiller shall be chargeable and charged with the duty on spirits in respect of such sugar in the manner and after the rate or proportion specified in the 11 & 12 Vict. c. 100. s. 3, with regard to sugar used with any mixture of grain, molasses, and treacle.

CAP. LII.

An Act to suspend the making of Lists and the Ballots for the Militia of the United Kingdom. (14th July 1856.)

ABSTRACT OF THE ENACTMENTS.

1. Meetings relating to the militia of the United Kingdom and ballots for such militia suspended.

2. Proceedings may be had during such suspension by Order in Council.

3. Not to extend to prevent the holding of certain meetings relating to the militia.

By this Act, it is Enacted as follows:1. All general and subdivision meetings relating to the militia of the United Kingdom, and all proceedings relating to procuring any returns, or preparing or making out lists of such militia or any part thereof for the purpose of a ballot, or relating to balloting for any militiamen or supplying any vacancies in such militia by ballot, as are or may be directed or authorized by or under any Act of Parliament now in force, shall cease and remain suspended until the 1st of October 1857.

2. Provided always, That it shall be lawful for Her Majesty by any Order in Council to direct that any proceedings shall be had at any time before the expiration of such period as aforesaid, either for the giving of notices and making returns and preparing lists, and also for the proceeding to ballot and enrol men for the filling up vacancies in the militia, as Her Majesty shall deem expedient; and upon the issuing of any such order all such proceedings shall be had for carrying into execution all the provisions of the Acts in force in the United Kingdom relating to the giving notices for and returns for lists, and for the balloting and enrolling of men to supply any vacancies in the militia, and holding general and subdivision meetings for such purpose, at such times respectively as

shall be expressed in any such Order in Council, or by any directions given in pursuance thereof to Lord Lieutenants, or deputy lieutenants, acting for Lord Lieutenants, of the several counties, shires, cities, and places in the United Kingdom; and all the provisions of the several Acts in force in the United Kingdom relating to the militia shall, upon any such order, and direction given in pursuance thereof, become and be in full force and be carried into execution at the period specified in such order or direction as aforesaid, with all such penalties and forfeitures for any neglect thereof, as fully as if such periods had been fixed in the Acts relating to such militia.

3. Provided also, That nothing herein contained shall extend to prevent the holding before the expiration of such period as aforesaid of such general or other meetings relating to the militia of the United Kingdom as may be called in Great Britain under the authority of one of Her Majesty's principal Secretaries of State, or in Ireland under the authority of the Lord Lieutenant or other chief governor or governors of Ireland, or of any meeting which may be called for the purpose of altering, enlarging, or providing any place for the reception of the arms, accoutrements, clothing, or other stores belonging to the militia.

CAP. LIII.

An Act for confirming a Scheme of the Charity Commissioners for the Endowed School at Moulton in the County of Lincoln.

(14th July 1856.)

CAP. LIV.

An Act to facilitate the Despatch of Business before Grand Juries in England and Wales.

ABSTRACT OF THE ENACTMENTS.

(14th July 1856.

1. Witnesses examined before grand juries to be sworn in the presence of the jurors.

2. Not necessary for witnesses to be sworn in open court.

3. Interpretation of terms.

By this Act,

After reciting that it would expedite and improve the administration of criminal justice if persons attending to give evidence before grand juries were sworn in the presence of the jurors who are to act upon such testimony:

It is Enacted as follows:

1. From and after the passing of this Act it shall be lawful for the foreman of every grand jury empannelled in England and Wales, and he is hereby authorized and required, to administer an oath to all persons whomsoever who shall appear before such grand jury to give evidence in support of any bill of indictment, and all such persons attending before any grand jury to give evidence may be sworn and examined upon oath by such grand jury touching the matters in question; and every person taking any oath or affirmation in support of any bill of indictment who shall wilfully swear or affirm falsely shall be deemed guilty of perjury; and the name of every witness examined

or intended to be so examined shall be indorsed on such bill of indictment; and the foreman of such grand jury shall write his initials against the name of each witness so sworn and examined touching such bill of indictment: Provided, however, that nothing in this Act contained shall affect any fees by law payable to any officer of any court for swearing witnesses, but such fees shall remain payable as if this Act had not passed.

2. From and after the passing of this Act it shall not be necessary for any person to take an oath in open court in order to qualify such person to give evidence before any grand jury.

3. The word " foreman" shall include any member of such grand jury who may for the time being act on behalf of such foreman in the examination of such witnesses in support of any bill of indictment; and the word "oath" shall include affirmation, where by law such affirmation is required or allowed to be taken in lieu of an oath.

CAP. LV.

An Act for transferring the Powers of the Church Building Commissioners to the Ecclesiastical Commissioners for England.

ABSTRACT OF THE ENACTMENTS.

(21st July 1856.)

1. Church Building Commissioners continued to the 1st of January 1857, and thenceforth their powers, &c. transferred to the Ecclesiastical Commissioners for England.

2. After determination of commission section 11. of 58 Geo. 3. c. 45. repealed.-Compensation to officers of Church Building Commission not continued in office by Ecclesiastical Commissioners.

By this Act,

After reciting that by the Act of the 58 Geo. 3. c. 45, it was enacted, that it should be lawful for His Majesty by letters patent to appoint such persons as His Majesty should deem fit to be His Commissioners for carrying into execution the purposes of the said Act, and that the said commission should continue in force for the term of ten years from the date thereof, unless His Majesty should think fit sooner to alter or revoke the same: And that the said commission has been continued from time to time, and now stands continued until the 20th of July 1856, unless Her Majesty should think fit sooner to revoke the same; and under the Act of the session holden in the 7 Will. 4. & 1 Vict. c. 75, the said Commissioners are styled "Her Majesty's Commissioners for building new Churches:" And that it is expedient that the said commission should be continued for a time hereinafter limited, and that thenceforth the powers of the said commission should be vested in the Ecclesiastical Commissioners for England:

It is Enacted as follows:

1. The persons now or hereafter to be appointed to be Her Majesty's Commissioners for building new Churches shall continue to be such Commissioners, and their commission shall continue in force until the 1st of January 1857, and no longer; and immediately on the determination of such commission all the duties, powers, and authorities vested in or which should or might have been performed or executed by such Commissioners shall become vested in and shall be performed and executed by the Ecclesiastical Commissioners for England; and all lands, hereditaments, monies, securities for money, property, and effects whatsoever vested in or held in trust for the said Commissioners for building new Churches shall be vested in or (as the case may require) be held in trust for the Ecclesiastical Commissioners for England, and all monies due and payable or which would have become due and payable to the said Commissioners for building new Churches shall become due and

payable and be raised and recovered by and paid to such Ecclesiastical Commissioners; and the provisions of any Act of Parliament, and any legal instrument in which Her Majesty's Commissioners for building new Churches are mentioned or referred, shall, upon the determination of their commission, become applicable to the said Ecclesiastical Commissioners, except as hereinafter provided.

2. Section 11. of the said Act, 58 Geo. 3. c. 45, shall from and after the said determination of the said commission be repealed; and it shall be lawful for the Commissioners of Her Majesty's Treasury to grant to such of the persons in the establishment of the said Commissioners

for building new Churches, as may not be continued or employed by the said Ecclesiastical Commissioners, such compensation as, having regard to the nature of their appointments and the length of their service, the said Commissioners of the Treasury may think fit: Provided, that every person to whom any such compensation is granted shall be subject in respect thereof to the provisions contained in sections 19. and 20. of the Act, 4 & 5 Will. 4. c. 24; and the compensations granted as aforesaid, and all such charges and expenses as might have been payable under the said section 11. of the said Act, 58 Geo. 3. c. 45, if the same had not been repealed, shall respectively be paid from time to time out of such monies as shall be provided by Parliament for the purpose.

CAP. LVI.

An Act to constitute the Court of Session the Court of Exchequer in Scotland, and to regulate Procedure in Matters connected with the Exchequer.

(21st July 1856.)

ABSTRACT OF THE ENACTMENTS.

1. The Court of Session to be the Court of Exchequer in Scotland.

2. One of the Lords Ordinary in the Court of Session to be Lord Ordinary in Exchequer causes.

3. Lord Ordinary in Exchequer causes may act in vacation as well as during session; and in his absence any other Lord Ordinary may act in his room.

4. Clerks to the Lord Ordinary in Exchequer causes to be clerks in such causes; and additional salary granted. 5. Exchequer causes may be commenced by subpœna.

6. Subpoena to be called in court as a summons, and procedure thereon.

7. Form of information in causes commenced by subpœna.

8. Special case may be lodged where parties agreed upon the facts.

9. Procedure in cases commenced by subpœna, so far as not expressly provided, how to be regulated.

10. Proceedings may be commenced by summons in place of subpana; and procedure under summons to be the same as in ordinary Court of Session cases.

11. Procedure in cases of seizure.

12. Procedure in lieu of writs of capias, &c. 13. Procedure in lieu of writs of the pipe.

14. Procedure in lieu of injunction.

15. Procedure in lieu of mandamus.

16. Procedure on affidavit of danger.

17. Procedure in lieu of writs of habeas and certiorari.

18. As to performance of certain duties of Court of Exchequer heretofore performed under the 10 & 11 Vict. c. 51. 19. Duties of Court of Exchequer in appointment of tutors dative to be performed by Inner Houses of Session.

20. Interlocutors in Exchequer causes may be reclaimed against, and appealed, as if pronounced in ordinary Court of Session causes.

21. Suspension, where competent, to be by note in the bill chamber in common form; and when note passed case to depend before Lord Ordinary in Exchequer causes.

22. The Lord Advocate to sue and be sued on behalf of Her Majesty.

23. Privilege of audience preserved to the Crown.

24. Costs may be given for and against the Crown.

25. Exchequer causes to have precedence of all others.

26. Sittings of the Court of Session to be held to correspond with existing Exchequer terms.

27. Certified copies of interlocutors, equivalent to extracts, except in order to diligence.

28. Minute-book dispensed with as to extracts of Exchequer decrees; such extracts to have priority in the Extractor's office; and such extracts, and also extracts of registered bonds to Her Majesty, to be in ordinary form; except that warrant to charge to be in Form scheduled.

29. Exchequer decrees to be put in execution by sheriffs.

30. Sheriff may arrest on extract decree; and such arrestment shall transfer to the Crown the arrested fund.

31. Sheriff may charge Crown debtor on extract decree; execution of charge to be in Form scheduled.

32. Sheriff may poind on extract decree.-Poinding to be in ordinary form; except that poinded effects may be taken possession of; and, if no offerer at sale, sheriff to retain them on behalf of the Crown.

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