« ElőzőTovább »
good and effectual without any further Audit of the said Accounts, and shall be a sufficient Discharge and Acquittance to the said Receiver as to all Matters and Things contained in such Accounts, anything contained in any Act to the contrary in any. wise notwithstanding.
VII. And be it enacted, That so much of the last-recited Act as provides for the Preparation of an annual Estimate of the Money which will probably remain in the Hands of the Commissioners after the Payments of the current Quarter ending on the First Day of April, and of the Fees expected to be received during the Session, and of any Sum which may be required to be provided by Parliament in addition to such Sum for the Payments set forth in the Estimate of Expenditure, shall be repealed.
CA P. LXXIII.
Provision of 9&10 Vict.
c. 77. as to Estimate of
Balance in Hand of Commissioners
An Act to limit the Enlistment in the Artillery and other Ordnance Corps. [28th July 1849.] WHEREAS it is expedient to amend the Act 10 & 11 Victoria, Cap. 37., intituled An Act for limiting the Term of Service in the Army, and further to limit the entire Period 'for which Soldiers enlisted into the Artillery or other Ordnance Corps may be engaged:' 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 Soldiers having during the last Six Months of the Term of limited Service for engaged to which a Soldier shall have first engaged to serve in the Artillery limited Time or other Ordnance Corps, or after the Completion of such Term, in the Artillery he may, if approved by his Commanding Officer or other com- or Ordnance petent Military Authority as a fit Person to continue in Her Corps may, on Majesty's Service as a Soldier, be re-engaged to serve for the Expiration of further Term of Nine Years, upon making the Declaration pre- Service, be scribed in the Schedule (B.) annexed to the before-recited Act, re-engaged. which Declaration is to be filled up with such Number of Years as shall be required to complete a total Service of Twenty-one Years in the Artillery or other Ordnance Corps, instead of Twenty-four Years as prescribed by the said Act.
CA P. LXXIV.
An Act for the further Relief of Trustees.
[28th July 1849.]
Difficulties have arisen in the Transfer of
Securities vested in Trustees in certain Cases under the
'Provisions of an Act passed in the Session of Parliament
⚫ holden in the Tenth and Eleventh Years of the Reign of Her
serve for a
their Term of
' present Majesty, intituled An Act for better securing Trust 10 & 11 Vict. Funds, and for the Relief of Trustees, and it is expedient to c.96. 'make further Provision for carrying into effect the Objects of the said recited Act:' 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 Court of Chan
if cery may, upon
or Transfer of
Act may be amended, &c.
if upon any Petition presented to the Lord Chancellor or Master of the Rolls in the Matter of the said Act it shall appear to the Judge of the Court of Chancery before whom such Petition shall be heard that any Monies, Annuities, Stocks, or Securities are vested in any Persons as Trustees, Executors, or Administrators, or otherwise, upon Trusts within the Meaning of the said recited Act, and that the major Part of such Persons are desirous of transferring, paying, or delivering the same to the Accountant General of the High Court of Chancery under the Provisions of the said recited Act, but that for any Reason the Concurrence of the other or others of them cannot be had, it shall be lawful for such Judge as aforesaid to order and direct such Transfer, Payment, or Delivery to be made by the major Part of such Persons without the Concurrence of the other or others of them; and where any such Monies or Government or Parliamentary Securities shall be deposited with any Banker, Broker, or other Depositary, it shall be lawful for such Judge as aforesaid to make such Order for the Payment or Delivery of such Monies, Government or Parliamentary Securities, to the major Part of such Trustees, Executors, Administrators, or other Persons as aforesaid, for the Purpose of being paid or delivered to the said Accountant General as to the said Judge shall seem meet; and every Transfer of any Annuities, Stocks, or Securities, and every Payment of Money or Delivery of Securities, in pursuance of any such Order, shall be as valid and effectual as if the same had been made on the Authority or by the Act of all the Persons entitled to the Annuities, Stocks, or Securities so transferred, or the Monies or Securities so paid or delivered respectively, and shall fully protect and indemnify the Governor and Company of the Bank of England, the East India Company, and the South Sea Company, and all other Persons acting under or in pursuance of such Order.
II. And be it enacted, That this Act may be amended or repealed in the present Session of Parliament.
CA P. LXXV.
An Act to defray until the First Day of August One thou-
CA P. LXXVI.
An Act to protect Women from fraudulent Practices for
the defiling certain infamous
most wickedly practise, 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 if any Person Punishment shall by false Pretences, false Representations, or other fraudulent of Persons proMeans, procure any Woman or Child under the Age of Twenty- curing Defileone Years to have illicit carnal Connexion with any Man, such Women. Person shall be guilty of a Misdemeanor, and shall, being duly convicted thereof, suffer Imprisonment for a Term not exceeding Two Years, with hard Labour.
Court empowsecutor, &c., ered to award Costs, &c. for Loss of Time.
II. And be it enacted, That where any Prosecutor or other Where Persons Person shall appear before any Court on Recognizance to prose- appear as Procute or give Evidence against any Person charged with any Offence against this Act, every such Court is hereby authorized and empowered, whether any Bill of Indictment for such Charge shall or shall not be actually preferred, to order Payment of the Costs and Expenses of the Prosecutor and Witnesses for the Prosecution, in the same Manner as Courts are now by Law authorized and empowered to order the same in Cases of Prosecutions for Felony.
Order for Payment of Money shall be made
out as Orders
III. And be it enacted, That every Order for the Payment of any Money by virtue of this Act shall be made out and delivered by the proper Officer of the Court unto such Prosecutor or other Person upon the same Terms and in the same Manner in all for Payment of respects as Orders for the Payment of Costs are now made in Costs in Cases Cases of Felony, and the Treasurer or other Person when any of Felony, and such Order shall be made shall be and he is hereby required, Treasurer alupon Sight of such Order, forthwith to pay to the Person therein lowed for same. named, or to any one duly authorized in that Behalf, the Money in such Order mentioned, and such Treasurer or other Person shall be allowed the same in passing his Accounts.
An Act further to facilitate the Sale and Transfer of Incum-
given for the Sale and Transfer of Incumbered Estates 'in Ireland: Be it enacted, therefore, 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 and Three Commay be lawful for Her Majesty, by Warrant or Warrants under missioners to the Royal Sign Manual, to appoint any Number of Persons not be appointed under Sign exceeding Three to be Commissioners under this Act during Her Majesty's Pleasure, and upon every Vacancy in the Office of any such Commissioner in like Manner to appoint some other Person to such Office, and the said Persons so to be from Time to Time appointed shall be Commissioners for the Execution of this Act, and shall be styled "The Commissioners for Sale of Incumbered Estates in Ireland."
II. And be it enacted, That the Commissioners shall cause to Commissioners be made a Seal for their Commission, and shall cause to be sealed to have a Com
sioners to be a Quorum.
Power to appoint and remove Secre
tary, Clerks, &c.
Appointments limited to Five
Salaries to be paid out of Monies to be provided by Parliament.
therewith all Orders, Conveyances, and other Instruments made by or proceeding from the Commissioners in pursuance of this Act; and all such Orders, Conveyances, and other Instruments, or Copies thereof, purporting to be sealed with the Seal of the Commissioners, shall be received in Evidence without any further Proof thereof.
III. And be it enacted, That all Acts, Matters, and Things which the Commissioners are by any of the Provisions of this Act required or authorized to do or execute shall and may be done and executed by any Two of such Commissioners.
IV. And be it enacted, That it shall be lawful for the Commissioners, from Time to Time, (with the Consent in every Case of the Commissioners of Her Majesty's Treasury,) to appoint a Secretary, and such Clerks, Messengers, and Officers as they shall deem necessary for the Purposes of this Act, and to remove such Secretary, Clerks, Messengers, and Officers, or any of them.
V. And be it enacted, That no Commissioner, Secretary, or other Officer to be appointed as aforesaid shall hold his Office for a longer Period than Five Years next after the Day of the passing of this Act, and thenceforth until the End of the then next Session of Parliament.
VI. And be it enacted, That it shall be lawful for the Commissioners of Her Majesty's Treasury to direct a Salary not exceeding Three thousand Pounds by the Year to be paid to one of the said Commissioners, and a Salary not exceeding Two thousand Pounds by the Year to each of the other Commissioners for the Time being appointed under this Act; and the Salaries of the Secretary, Clerks, Messengers, and other Officers to be appointed under this Act shall be from Time to Time regulated by the Commissioners of Her Majesty's Treasury; and the Salaries of such Commissioners, Secretary, Clerks, Messengers, and Officers as aforesaid, and all other incidental Expenses of carrying this Act into execution not herein otherwise provided for, shall be paid out of such Monies as shall be provided by Parliament.
VII. And be it enacted, That no Commissioner appointed under not to sit in H. this Act shall during his Continuance in such Office be capable of being elected or of sitting as a Member of the House of Commons.
Oath of Commissioners.
to frame and
VIII. And be it enacted, That every Commissioner appointed under this Act shall, before he enters upon the Execution of his Office, take the following Oath before One of the Justices of the Court of Queen's Bench or Common Pleas, or One of the Barons of the Court of Exchequer, in Ireland; (that is to say,)
A.B. do swear, That I will faithfully, impartially, and honestly, according to the best of my Skill and Judgment, fulfil all the 'Powers and Duties of a Commissioner under an Act passed in 'the Twelfth Year of the Reign of Queen Victoria, intituled [here 'set forth the Title of this Act] :'
And the Appointment of every such Commissioner, with the Time when and the Name of the Justice or Baron before whom he shall have taken the said Oath, shall be forthwith published in the Dublin Gazette.
IX. And be it enacted, That the Commissioners shall frame, and cause to be printed and circulated or promulgated, as they
shall see occasion, Forms of Application and Directions indicating promulgate the Particulars of the Information to be furnished to the Com- Forms of Apmissioners, on Application to them under this Act, with reference plication, &c. to Title, Incumbrances, and the Circumstances of the Land, and such other Information as in the Judgment of the Commissioners may assist them in forming an Opinion on such Application, and also such other Forms and Directions as the Commissioners may deem requisite or expedient for facilitating Proceedings under this Act.
to make General Rules for regulating Proceedings under this Act.
X. And be it enacted, That the Commissioners shall from Time Commissioners to Time make such General Rules as they may think best adapted for regulating the Course of Procedure under this Act, and for securing the prompt and due Distribution and Payment of the Monies received upon Sales under this Act amongst or for the Benefit of the Persons entitled thereto, and for the Protection in respect of such Monies of the Interests of Persons under Disability and of future Interests, and generally for securing the due Execution of the Powers vested in the Commissioners under this Act, and giving Effect to the Provisions and Objects of this Act; but no Fees or Sums shall, under any such General Rule or other- No Fees to wise, be payable to any Officers or Persons appointed under this be payable on Act upon or in respect of any Proceedings under this Act, save, Proceedings. in respect of any Copy or Extract of or from any Order, Document, or Proceeding actually required and taken by any Party, such Sum, not exceeding Three Halfpence for every Ninety Words, as shall be paid for the making of such Copy or Extract, and the Commissioners shall authorize to be charged to such Party for the same: Provided that every such General Rule shall Rules to be be laid before Her Majesty's Privy Council of Ireland, and it laid before the shall be lawful for such Privy Council, by Order signed by Six Privy Council of the said Privy Council, to confirm or disallow any such Rule, or to alter or amend, and confirm with Alteration or Amendment, any such Rule, or to remit any such Rule to the Commissioners for further Consideration; and every such General Rule (when the same shall have been confirmed by Order of the said Privy Council) shall be enrolled in the High Court of Chancery in Ireland, and when so enrolled shall be binding on the Commissioners in the Exercise of their Powers, and shall be of the same Force and Effect as if the same had been enacted by Authority of Parliament: Provided always, that any Rules so confirmed and Rules may be enrolled as aforesaid may from Time to Time be rescinded, altered. amended, or altered as Occasion may require by other Rules made
by the Commissioners, and confirmed and enrolled in like Manner.
Rules, when confirmed, &c. to have the Force of an Act
XI. And be it enacted, That all such General Rules as shall be General Rules made and confirmed as aforesaid shall be laid before both Houses to be laid before Parliament. of Parliament within One Calendar Month from the Confirmation thereof, if Parliament be then sitting, or if Parliament be not then sitting, within One Calendar Month from the Commencement of the then next Session of Parliament.
XII. And be it enacted, That it shall be lawful for the Com- Power to Commissioners by Summons under their Seal to require the Attend- missioners to ance before them, at a Time and Place to be mentioned in such Summons, of all such Persons as they shall think fit to examine in relation to any Question or Matter depending before them, and