The Commissioners to cause a new Apportionment to be made in Cases in which the Apportionment shall have in cluded Tenements from which no Tithe has been taken during Seven Years previous to Christmas 1835. Provision for the Costs of ment. 3 VICT. Holdings, it shall be lawful for the said Commissioners, if they think fit, to order and direct that no Part of the said Rentcharge or Rent-charges shall be apportioned upon such Gardens, Lawns, or other such like small Holdings. XXVI. And whereas it hath happened that in Cases where, during the Seven Years of Average prescribed by the said first-recited Act, Tithes shall not have been demanded of ' certain Tenements, by reason of their small Extent or of the • small Amount of such Tithes, such Tenements have notwithstanding been included in the Apportionment of the Rentcharge for the Parish, whereby the Occupiers of such Tene'ments have become liable to have their Goods distrained upon, ' and the Tithe Owner has been subjected to much increased Difficulty and Expence in the Collection of the Rent-charge, contrary to the true Intent and Meaning of the said firstrecited Act; and it is therefore expedient, under certain Restrictions, to give Relief in such Cases;' be it enacted, That in any such Čase in which the Apportionment shall have included any Number of small Tenements, exceeding in the whole One hundred, from which Tenements no Tithe or Composition for Tithe shall have been demanded or taken (notwithstanding their Liability thereto) during the Period of Seven Years next preceding Christmas in the Year One thousand eight hundred and thirty-five, it shall be lawful for the Commissioners, and they are hereby authorized, if they shall see fit, upon the Application in Writing of any Ten or more of the Owners or Occupiers of such small Tenements, or of the Tithe Owner, and after satisfactory Proof shall have been given that no Part of the Rent-charge has been agreed to be given or awarded in respect of the Tithes of such small Tenements, to cause a new Apportionment to be made of the said Rent-charge, and to order and direct that no Part thereof shall be apportioned upon such small Tenements; and the Provisions in the said first-recited Act contained for hearing and determining Objections to Apportionments, and for rendering the same, or any Map or Plan therein referred to, final and conclusive, shall be and are hereby respectively made applicable to every such new Apportionment; and, subject to such Provisions, such new Apportionment shall commence and take effect from the half-yearly Day of Payment of the said Rent-charge which shall happen next before the Confirmation of the same Apportionment: Provided always, that no Payment of such Rent-charge, or Right to Arrears thereof, which shall have become due or accrued on or before the said half-yearly Day of Payment, nor any Remedy in case of Nonpayment, shall in anywise be affected by any such new Appor tionment. XXVII. And be it enacted, That the Costs of and attending every such new Apportionment shall be paid and borne by the new Apportion- Parties making such Application, in such Proportions as the Commissioners shall direct, and shall be recoverable in like Manner as the Costs of any Apportionment under the said firstrecited Act; and as to any Part of such Costs as may be borne by by the Tithe Owner, such Tithe Owner, being an Ecclesiastical beneficed Person, may charge or assign the Rent-charge as a Security for the Repayment of such Costs in like Manner as Parochial Boundaries on of any Parish. for the Costs of the Commutation under the said Act. XXVIII. And whereas by the said lastly-recited Act Powers Commissioners are given to the said Commissioners or any Assistant Commis- may adjudicate sioner, upon the Application in Writing of not less than Two Thirds in Number and Value of the Land Owners in any Parishes or Townships, to set out and define the Boundaries of such Parishes or Townships in manner in the said Act pro- 2 & 3 Vict. 'vided; and it is expedient to extend such Power in manner c. 62. s. 34. & herein-after mentioned;' be it enacted, That it shall be lawful 35. for the said Commissioners, or Assistant Commissioner, but at the sole Discretion of the said Commissioners, and only in such Manner as they shall see fit and proper, to exercise all and every the Powers so given by the said lastly-recited Act relating to Boundaries of Parishes or Townships, on the Adplication in Writing of Two Thirds in Number and Value of the Land Owners of any One Parish, Place, or Township whose Boundary shall be in question, notwithstanding the Land Owners in the Parish, Place, or Township adjoining such Boundary shall not join in such Requisition: Provided always, that in every such Case the said Commissioners or Assistant Commissioner shall, Twenty-one Days at least before proceeding to make Inquiry and adjudicate on such Question of Boundary, cause a Notice to be sent by the Post, or otherwise given, addressed to the Churchwardens and Overseers, and also to the Surveyors of the Highways of every Parish, Place, or Township adjoining such Boundary, of the Intention of the said Commissioners or Assis tant Commissioner to proceed on the Question of such Boundary, and shall specify in such Notice a Time and Place of Meeting so to proceed therein, and shall annex to each Copy of such Notice a Copy of the Application of the Land Owners requiring the Commissioners to make such Inquiry and Adjudication, and shall also cause a Copy of such Notice to be inserted, once at least in Two successive Weeks previous to the Day of such Meeting, in some Newspaper having Circulation in the County where such Parish, Place, or Township is situated; and no Assistant Commissioner shall proceed in any such Inquiry without exhibiting at such Meeting the Papers containing the Advertisement of such Notice, and also a Certificate, under the Hands of the said Commissioners, or any One or Two of them, of One Copy of such Notice having been respectively sent to such Churchwardens and Overseers, and a Copy to such Surveyors as aforesaid; and the Assistant Commissioner shall thereupon proceed in all respects, and his Proceedings shall be as valid and binding, as if the said Inquiry had been instituted on the Application in Writing of Two Thirds in Number and Value, as well of the Land Owners of the Parish, Place, or Township to which such Notice shall have been so sent, as of the Parish, Place, or Township causing such Inquiry to be instituted: Provided nevertheless, that upon the Application in Writing, Proviso. addressed I 3 This Act to be taken as Part of Act may be amended this Session. 1 G. 1. st. 2. c. 13. 13 C. 2. st. 2. c. 1. addressed to the said Commissioners during the Interval of such Twenty-one Days, of not less than Two Thirds in Number and Value of the Land Owners in any Parish, Place, or Township adjoining such Boundary, and not being Parties to any such Application as aforesaid, objecting to the said Commissioners or Assistant Commissioner proceeding under the same in the Matter of such Boundary, all Proceedings which shall have been instituted upon the Application of such single, Parish, Place, or Township under this Act shall forthwith be stayed. XXIX. And be it enacted, That this Act shall be taken to be a Part of the said recited Acts, and also of an Act passed in the Second Year of the Reign of Her present Majesty, intituled An Act to facilitate the Merger of Tithes; and in the Construction of this Act, unless there be something in the Subject or Context repugnant to such Construction, the several Words used in this Act shall have and bear the same Interpretation as is given to such Words respectively in the said Acts or either of them; and whenever a Word importing the Singular Number or Masculine Gender only is used, the same shall be understood to include and shall be applied to several Persons or Parties as well as One Person or Party, and Females as well as Males, and several Matters or Things as One Matter or Thing respectively, and the converse. XXX. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. CAP. XVI. An Act to indemnify such Persons in the United King- 6 6 9 6 cording to another Act made in the Twenty-fifth Year of the Reign of His Majesty King Charles the Second, intituled An 25 C. 2. st. 2. Act for preventing the Dangers which may happen from Popish c. 2.. 'Recusants; or according to another Act made in the Thir'tieth Year of the Reign of His Majesty King Charles the 'Second, intituled An Act for the more effectual preserving the 30 C. 2. st. 2. 'King's Person and Government, by disabling Papists from sitting ' in either House of Parliament; or according to another Act 6 6 'made in the Eighth Year of the Reign of His Majesty King George the First, intituled An Act for granting the People called 8 G. 1. c. 6. 'Quakers such Forms of Affirmation or Declaration as may remove 'the Difficulties which many of them lie under; or according to 'another Act made in the Ninth Year of the Reign of His Majesty King George the Second, intituled An Act for in- 9 G. 2. c. 26. demnifying Persons who have omitted to qualify themselves for Offices within the Time limited by Law, and for allowing further 'Time for that Purpose; and for amending so much of an Act passed in the Second Year of the Reign of His present Majesty as requires Persons to qualify themselves for Offices before the End of the next Term or Quarter Sessions, and also for enlarging the Time limited by Law for making and subscribing the 'Declaration against Transubstantiation; and for allowing a further 'Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees; or according to another Act made in the Eighteenth Year of 'the Reign of His Majesty King George the Second, intituled 6 6 'An Act to amend and render more effectual an Act passed in the 18 G. 2. c. 20. Fifth Year of His present Majesty's Reign, intituled · An Act for the further Qualification of Justices of the Peace ;' or accord ing to another Act made in the Sixth Year of the Reign of His Majesty King George the Third, intituled An Act for 6 G. 3. c. 53. altering the Oath of Abjuration, and the Assurance; and for ' amending so much of an Act made in the Seventh Year of the Reign of Her late Majesty Queen Anne, intituled An Act for 'the Improvement of the Union of the Two Kingdoms,' as after the 'Time therein limited requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason or Misprision of Treason; or according to another Act passed in 'the Ninth Year of the Reign of His Majesty King George the 6 'Fourth, intituled An Act for repealing so much of several Acts 9 G. 4. c. 17. 'as imposes the Necessity of receiving the Sacrament of the Lord's 6 Supper as a Qualification for certain Offices and Employments; 'or according to another Act passed in the Tenth Year of the Reign of His said Majesty, intituled An Act for the Relief of 10 G. 4. c. 7. ' His Majesty's Roman Catholic Subjects, so far only as the said 'Act relates to any Civil or Military Offices or Places of Trust, or Places of Profit, or Corporate Offices; have, through Ignorance of the Law, Absence, or some unavoidable Acci'dent, omitted to take and subscribe the Oaths and Assurance ' and make and subscribe the Declaration required by the 'said recited Acts or either of them, or otherwise to qualify 'themselves as aforesaid, within such Time and in such Man Persons who selves as required by the recited Acts in allowed further demnified and Time. ner as in and by the said Acts respectively is required, whereby they have incurred, or may be in danger of incurring, divers Penalties and Disabilities: For quieting the Minds of Her Majesty's Subjects, and for preventing any Inconvenience that might otherwise happen by means of such Omissions,' 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 all have omitted to and every Person or Persons who, at or before the passing of qualify themthis Act, hath or shall have omitted to take and subscribe the Oaths and Declarations, or otherwise to qualify him, her, or themselves, within such Time and in such Manner as in and by the said Acts or any of them is required, and who, after accepting any such Office, Place, or Employment, or undertaking any Profession or Thing, on account of which such Qualification ought to have been had and is required, before the passing of this Act hath or have taken and subscribed the said Oaths or made the Declarations required by Law, or who, on or before the Twenty-fifth Day of March One thousand eight hundred and forty-one, shall take and subscribe the Oaths, Declarations, and Assurance respectively, in such Cases wherein by the said several Acts or any or either of them the said Oaths, Declarations, and Assurance ought to have been taken and subscribed, in such Manner and Form, and at or in such Place or Places, as are appointed in and by the said several Acts or any or either of them, shall be and are hereby indemnified, freed, and discharged from and against all Penalties, Forfeitures, Incapacities, and Disabilities incurred or to be incurred for or by reason of any Neglect or Omission, previous to the passing of this Act, of taking or subscribing the said Oaths or Assurance, or making or subscribing the said Declarations respectively, or taking or subscribing the said Oath, according to the above-mentioned Acts or any of them, or any other Act or Acts; and such Person or Persons is and are and shall be fully and actually recapacitated and restored to the same State and Condition as he, she, or they were in before such Neglect or Omission, and shall be and be deemed and adjudged to have duly qualified him, her, or themselves according to the above-mentioned Acts and every of them; and that all Elections of, and Acts done or to be done by, any such Person or Persons, or by Authority derived from him, her, or them, are and shall be of the same Force and Validity as the same or any of them would have been if such Person or Persons respectively had taken the said Oaths or Assurance, and made and subscribed the said Declarations respectively, and taken and subscribed the said Oath, according to the Directions of the said Acts and every or any of them; and that the Qualification of such Person or Persons qualifying themselves in manner and within the Time appointed by this Act shall be to all Intents and Purposes as effectual as if such Person or Persons had respectively taken the said Oaths and Assurance, |