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Certain Appropriations made by the Governors confirmed.

Certain Agreements made by confirmed, and

the Governors

Provisions of recited Act extended.

' said Governors as aforesaid has exceeded in any One Year the Sum of Two hundred Pounds: And whereas it is expedient to remove and obviate all such Doubts as aforesaid, both with respect to Appropriations made by the said Governors, and with respect to Agreements made and to be made with any such Benefactor or Benefactors as aforesaid :' 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 all Appropriations heretofore made by the said Governors of any Sum or Sums of Money out of the Monies at their Disposal to the Augmentation of any Cure shall be good, valid, and effectual, to all Intents and Purposes whatsoever, in all Cases in which any Benefactor or Benefactors has or have, in order to obtain any such Appropriation for the Augmentation of the same Cure, contributed not less than the Amount of Benefaction which was at the Time of any such Augmentation required in that Behalf by the Rules, Orders, and Constitutions then in force, notwithstanding that the Sum or Sums so appropriated by the said Governors to the Augmentation of such Cure shall have exceeded in any One Year the Sum of Two hundred Pounds.

II. And be it further enacted, That all Agreements already made and hereafter to be made, with such Consent and Approbation of the Patron and Ordinary as required by the said recited Act, and with the Consent and Approbation of the said Governors, with any Benefactor or Benefactors contributing to the Augmentation of any Cure, touching the Patronage or Right of Presentation or Nomination to such augmented Čure, for the Benefit of such Benefactor or Benefactors, his, her, or their Heirs or Successors, according to the Provisions of the said recited Act, and all Grants and Assurances made and to be made for carrying such Agreements into effect, shall be good, valid, and effectual in the Law, to all Intents and Purposes whatsoever, in all Cases in which the yearly Value of the augmented Cure shall have been or shall be within the Limits prescribed for the same by the Rules, Orders, and Constitutions which shall have been or shall be in force at the Time of making such Agreements respectively as aforesaid, notwithstanding that such yearly Value shall have exceeded or shall exceed the Sum of Thirty-five Pounds, or that the Amount appropriated by the said Governors out of the Monies at their Disposal to the Augmentation of such Cure shall have exceeded or shall exceed in any One Year the Sum of Two hundred Pounds, or that such yearly Value and also the Amount so appropriated shall both have exceeded or shall both exceed Amount of the same several Sums respectively: Provided nevertheless, that Appropriations so far as relates to such Agreements as aforesaid the Amount hereafter to be of all Appropriations hereafter to be made by the said Goverwithin the Limit nors to the Augmentation of any Cure shall be within the Limits prescribed by prescribed for the same by the Rules, Orders, and Constitutions

made shall be

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at the Time.

1 G. 1. c. 10. extended to this

shall be made

which shall be in force at the Time of making such Agreements Rules in force respectively as aforesaid. III. And whereas it is expedient to extend the Provisions Provisions of 'of the said recited Act, with respect to such Agreements as 'aforesaid, to Cases in which no Appropriation shall be made Act in Cases 'by the said Governors out of the Funds at their Disposal to where no Ap'the Augmentation of the Cures to which such Agreements propriation 'shall respectively relate;' be it therefore further enacted, That by the Gover all Agreements hereafter to be made, with such Consent and nors. Approbation of the Patron and Ordinary, as required by the said recited Act, and with the Consent and Approbation of the said Governors, with any Benefactor or Benefactors contributing to or providing for the Augmentation of any Cure, touching the Patronage or Right of Presentation or Nomination to such Cure, for the Benefit of such Benefactor or Benefactors, his, her, or their Heirs or Successors, according to the Provisions of the said recited Act, and all Grants and Assurances to be made for carrying such Agreements into effect, shall be good, valid, and effectual in the Law, to all Intents and Purposes whatsoever, in all Cases in which the yearly Value of such Cure shall be within the Limits prescribed for the same by the Rules, Orders, and Constitutions which at the Time of making such Agreements respectively as aforesaid shall be in force with respect to Cures for the Augmentation of which Appropriations to meet Benefactions may be made by the said Governors out of the Funds at their Disposal, notwithstanding that in any of such Cases no Appropriation whatsoever shall be made by the said Governors out of the Funds at their Disposal to the Augmentation of the Cure to which such Agreements as aforesaid shall respectively relate.

ment for Trans

IV. And be it further enacted, That every Cure touching On Completion the Patronage or Right of Nomination to which any such of an AgreeAgreement as aforesaid with any Benefactor or Benefactors fer of Patronage shall be made for the Benefit of such Benefactor or Bene- of a Cure to a

Governors, the

factors, his, her, or their Heirs or Successors, though no Appro- Benefactor, priation whatsoever to the said Cure for the Augmentation Appropriation though no thereof shall be made by the said Governors out of the Funds be made by the at their Disposal, shall, from and immediately after the Com- Cure to be conpletion of such Agreement, be deemed and considered in Law, sidered as one in all respects, and to all Intents and Purposes whatsoever, as a augmented by Cure augmented by the said Governors, and the same, and the Minister or Incumbent thereof, and his Successors, shall be subject and liable to all the Laws, Rules, and Regulations relating to or concerning Cures augmented by them and the Ministers or Incumbents thereof.

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V. And whereas by an Act passed in the Second and 'Third Years of the Reign of Her present Majesty (Chapter

them.

Forty-nine), intituled An Act to make better Provision for the 2&3 Vict. c. 49.

Assignment of Ecclesiastical Districts to Churches or Chapels aug

mented by the Governors of the Bounty of Queen Anne, and for other Purposes, after reciting that it was expedient to make 'Provision for the more permanent Security of the Endow

L. 2

'ments

Endowments

the last-recited

Act by the Governors to be

(except in

special Cases) subject to the same Rules as

if they had been appropriated by

the Governors.

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ments and Emoluments which should have been or might thereafter be provided for the Use or Benefit of any Church or Chapel, whether built, acquired, or appropriated, or to be built, acquired, or appropriated, under the Authority of certain Acts therein recited or referred to, or of any of them, or • under any other Authority, or for the Use or Benefit of the Incumbent of any such Church or Chapel, or of the Spiritual 'Person serving the same, it was enacted, that it should and might be lawful for the said Governors of the Bounty of Queen Anne to accept, take, and hold any such Endowments ⚫ and Emoluments upon the Trusts and for the Intents and Purposes for which the same should have been or might there' after be given or granted by the Person or Persons providing the same, in like Manner as any such Endowments or Emoluments might then be taken or held by any private Trustees or Trustee; and that it should and might be lawful for any • Trustees or Trustee of any such Endowments or Emoluments 6 to assign and transfer the same to the said Governors of the Bounty of Queen Anne, to be held and applied by them upon the same Trusts and for the same Intents and Purposes as the same previously to such Assignment and Transfer were held by such Trustees or Trustee: And whereas it is expedient to make such further Provision as is herein-after contained for the Application and Disposition of all Endow'ments and Emoluments accepted by or assigned to or to be 'accepted by or assigned to the said Governors under the afore

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said Provisions of the last-recited Act;' be it therefore further enacted, That all Endowments and Emoluments whatsoever accepted under already accepted or taken by or assigned or transferred to, or to be hereafter accepted or taken by or assigned or transferred to, the said Governors, under the aforesaid Provisions of the last-recited Act, and the Money, Stocks, Parliamentary or other Funds or Securities, Land, Hereditaments, or other Property of which the same respectively may consist, shall, so far as Circumstances will permit, and subject and without Prejudice to the Trusts, Intents, and Purposes upon and for which the same shall have been given or granted by the Person or Persons providing the same, be appropriated by the said Governors to the particular Benefice for which the same respectively shall have been provided, and be applicable and disposable by them for the Benefit and Augmentation of such Benefice, in such and the same Manner, and with such and the same Powers of Investment in the Purchase of Land, and Exchange for other Lands and Hereditaments, and otherwise, and other Powers and Authorities, in all respects, according to the Rules, Orders, and Constitutions for the Time being in force for the Management of the Bounty of Queen Anne, as if the Money, Stock, Land, Hereditaments, or other Property of which such Endowments and Emoluments may respectively consist had been originally provided or appropriated by the said Governors out of the Funds at their Disposal for the Benefit and Augmentation of the same Benefice..

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CAP. XXI.

An Act to extend to the British Colonies in the West
Indies an Act passed in the Fifth and Sixth Year
of His late Majesty King William the Fourth, for
regulating the Carriage of Passengers in Merchant
Vessels.
[3d July 1840.]

WHEREAS it is expedient that the Provisions of an Act

passed in the Fifth and Sixth Years of the Reign of His

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'late Majesty King William the Fourth, intituled An Act to 5&6 W.4 c.53. • repeal an Act of the Ninth Year of His late Majesty, for regu

lating the Carriage of Passengers in Merchant Vessels from the 'United Kingdom to the British Possessions on the Continent and "Islands of North America; and to make further Provision for the regulating the Carriage of Passengers from the United King'dom, should be extended (except as herein-after excepted) to the Carriage of Passengers from Her Majesty's Dominions in the West Indies and South America, or from the Bahama "Islands, or from Bermuda:' 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 recited Act (except as herein-after Provisions of excepted) shall be and the same is hereby extended to and 5 & 6 W. 4. c. 53. extended shall be and the same is hereby declared to be in force in to the British the British Colonies in the West Indies and South America, and Colonies in the in the Bahama Islands, and in Bermuda, in like Manner and West Indies and South America, as fully in all respects as the same is in force in the United and in the Ba Kingdom; and that all and every the Rules and Regulations hama Islands, required by the said recited Act to be observed in the Case of and in Berany Ship carrying Passengers from any Port or Place in the muda, except United Kingdom shall, except as herein-after excepted, be mentioned. observed in the Case of every Ship carrying Twenty or more Passengers from any Port or Place in the British Colonies in the West Indies and South America, or in the Bahama Islands, or in Bermuda.

II. Provided nevertheless, and be it enacted, That if at any of the Ports or Places aforesaid within the said British Colonies, or in the Bahama Islands, or in Bermuda, there should not be a Comptroller of Customs, then the Collector or the Chief Officer of Customs shall and may, for the Purposes of this Act, discharge all and every the Duties required by the before-recited Act to be discharged by the Officers of the Customs, or the Collector and Comptroller of the Customs, at any Port in the United Kingdom.

as hereafter

Collector or

Chief Officer of said Colonies to perform the Duties if there be no Comptrol

Customs in the

ler.

Proclamation

III. And be it enacted, That it shall be lawful for the The Governor, Governor, or Officer administering the Government, of any of &c. may issue the British Colonies in the West Indies and South America, and substituting in the Bahama Islands, or Bermuda, by any Proclamation or other Articles Proclamations to be by him from Time to Time issued for that of Food, &c. Purpose,

L 3

than those spe

lent to the same.

cified in recited Purpose, to substitute for the Articles of Food and Provisions Act, if equivaspecified in the said recited Act such other Articles of Food and Provisions as shall be a full Equivalent for the same, having regard to the average Duration of the Voyage, and to the Number of the Passengers to be conveyed in any such Ship, in such Manner that the Proportion prescribed in the said recited Act between the probable Number of Days to be occupied by the Voyage and the Number of Days during which Provision is made for the Subsistence of the Passengers shall be duly preserved.

Proclamation to

be transmitted for Her Majesty's Confirmation or Dis

allowance.

IV. Provided always, and be it enacted, That every such Proclamation as aforesaid shall be transmitted by the Governor or Officer by whom the same may have been issued to Her Majesty, (through One of Her Majesty's Principal Secretaries of State, for Her Majesty's Confirmation or Disallowance; and in case the same shall be disallowed, by any Order to be made by Her Majesty for that Purpose with the Advice of Her Privy Council, then from and after the Promulgation of any such Order in Council within any such Colony any such Proclamation shall cease to be of any Force or Authority; but until so disallowed the same shall be duly observed and obeyed: Provided also, that on the Production, at any One of the Colonies aforesaid, of an attested Copy of any such Proclamation as aforesaid, Evidence in the under the Hand of the Governor or the Officer administering Colony in which the Government of the Colony wherein the same may have been it may be pro- issued, and under the Public Seal of such Colony, such attested Copy shall, in the Colony wherein the same shall be so produced, be received as good and sufficient Evidence of the issuing and of the Contents of any such Proclamation.

Attested Copy

of such Procla

mation to be received as

duced.

Powers of recited Act for Recovery of

Fines, &c. extended to said Colonies.

Powers for

Seaworthiness

of any Ship vested in Governors, &c.

V. And be it enacted, That the Powers vested by the said recited Act in the Courts, Magistrates, and Justices of the Peace of the United Kingdom, for the Recovery of any Fines, Penalties, or Forfeitures incurred under the said Act, shall be and the same are hereby vested in the Courts, Magistrates, and Justices of the Peace in Her Majesty's said Settlements or Colonies respectively.

VI. And be it enacted, That all the Powers and Authorities determining the which in and by the said recited Act are vested in the Collector and Comptroller of the Customs, for determining the Seaworthiness of any Ship carrying Passengers from any Port in the United Kingdom, shall, in respect of any Ship carrying Passengers from any Port in any of the Colonies aforesaid, be and the same are hereby vested in the respective Governors or Officers administering the Government of the said Colonies respectively.

prevent the

Enactment by
Colonial As-

This Act not to VII. And be it enacted, That nothing in this Act contained extends or shall be construed to extend to prevent the Enactment by the respective Governors, Councils, and Assemblies, or semblies, or by other Local Legislatures, in the British West Indies and South Her Majesty in America, and in the Bahama Islands, and in Bermuda, or by Her Laws necessary Majesty, with the Advice of Her Privy Council, of any such for establishing Acts of General Assembly, or Ordinances, or Orders in Council,

Council, of

as

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