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CA P. XXV.
An Act for giving effect to the Stipulations of a Treaty
merce and Navigation between Her Majesty and the Queen of Portugal, signed at Lisbon on the Third Day of July 'One thousand eight hundred and forty-two, the Ratifications 'whereof were exchanged at Lisbon on the Thirtieth Day of the 'same Month, it was agreed "that if any Apprentices or Sailors "should desert from Vessels belonging to the Subjects of either "" of the High Contracting Parties while such Vessels were within
any Port in the Territory of the other Party, the Magistrates "of such Port and Territory should be bound to give every "Assistance in their Power for the Apprehension of such Deser"ters, on Application to that Effect being made by the Consul "of the Party concerned or by the Deputy or Representative "" of the Consul, and no public Body, civil or religious, should "protect or harbour such Deserters;" and by the Nineteenth 'Article of the said Treaty it was further agreed, "that the said "Treaty should be in force for the Term of Ten Years from the "Date thereof, and further until the End of Twelve Months "after either of the High Contracting Parties should have given "Notice to the other of its Intention to terminate the same, each "of the High Contracting Parties reserving to itself the Right "of giving such Notice to the other at the End of the said Term "of Ten Years, or at any subsequent Time; and it was thereby "agreed between them that at the Expiration of Twelve Months "after such Notice should have been received by either Party "from the other the said Treaty and all the Provisions thereof "should altogether cease and determine:" And whereas it is 'expedient that Provision should be made for carrying the said Treaty into effect: 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 in Deserters from case any Apprentice or Sailor shall desert from any Vessel be- Portuguese longing to any Portuguese Subject or Subjects while such Vessel shall be within any Port in any of Her Majesty's Dominions, or the Territories under the Government of the East India Company, all Justices of the Peace and other Magistrates and Officers of Justice within their several Jurisdictions shall, on Application being made by a Portuguese Consul, or his Deputy or Representative, according to the Provisions of the said Treaty, aid in apprehending such Apprentice or Sailor; and upon any such Application it shall be lawful for any Justice of the Peace, or other Magistrate or Person having Power to commit for Trial Persons accused of Crimes against the Laws of that Part of Her Majesty's Dominions or Territories in which such Apprentice or Sailor shall be found, to issue his Warrant for the Apprehension of such Apprentice or Sailor, and, upon due Proof of such Desertion as aforesaid, to order such Apprentice or Sailor to be conveyed on board the said
Vessels to be
Penalty for protecting De
Vessel, or to be delivered to the Master, Mate, or Owner of such Vessel, or his Agent, for the Purpose of being so conveyed; and it shall be lawful for such Master, Mate, Owner, or Agent, or any other Person, in pursuance of the Order in that Behalf, to convey such Apprentice or Sailor accordingly.
II. And be it enacted, That no Person shall protect or harbour any Apprentice or Sailor who shall have deserted as aforesaid, knowing or having reason to believe such Apprentice or Sailor to have so deserted, and every Person so offending shall for every such Apprentice or Seaman so protected or harboured forfeit and pay the Sum of Ten Pounds, and such Penalty shall be recovered, paid, and applied in like Manner as the Penalty imposed by an Act passed in the Eighth Year of Her Majesty, intituled 7&8 Vict.c.112. An Act to amend and consolidate the Laws relating to Merchant Seamen, and for keeping a Register of Seamen, upon a Person harbouring or secreting a Seaman or Apprentice having deserted from his Ship; and the Provisions of such Act applicable to such last-mentioned Penalty, and to the Proceedings for the Recovery thereof, shall be applicable to the Penalty imposed by this Act and to the Proceedings for the Recovery thereof.
Limits of the
Continuance of the Act.
III. And be it enacted, That if by any Law or Ordinance to be hereafter made by the local Legislature of any British Colony or Possession abroad Provision shall be made for carrying into complete Effect within such Colony or Possession the Objects of this present Act by the Substitution of some other Enactment in lieu thereof, then it shall be competent to Her Majesty, with the Advice of Her Privy Council, (if to Her Majesty in Council it shall seem meet, but not otherwise,) to suspend the Operation within any such Colony or Possession of this present Act, so long as such substituted Enactment shall continue in force there, and no longer.
IV. And be it enacted, That this Act shall continue in force during the Continuance of the said Treaty.
CA P. XXVI.
An Act for granting Relief against Defects in Leases made under Powers of Leasing in certain Cases. (a)
[26th June 1849.]
WHEREAS, through Mistake or Inadvertence on the Part
of Persons granting Leases, and through Ignorance on 'the Part of Lessees of the Titles of Persons from whom Leases are accepted, Leases granted by Persons having valid Powers of 'Leasing are frequently invalid as against the Successors in Estate ' of such Persons by reason of the Nonobservance or Omission of some Condition or Restriction, or by reason of some other Deviation from the Terms of such Powers: And whereas Leases granted in the intended Exercise of such Powers are sometimes ' invalid as against the Successors in Estate of the Persons granting the same by reason that at the Time of granting the same the Person granting the Lease could not lawfully grant such Lease, although at a subsequent Time, and during the Con
(a) See post, Cap. 110.
'tinuance of his Estate in the Hereditaments comprised in such Lease, he might have granted the same in the lawful Exercise ' of such Power: And whereas it is expedient that Provisions 'should be made for granting Relief in the Cases aforesaid, in 'manner after mentioned:' 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 Interpretation in construing this Act Words importing the Singular Number of Terms. shall include the Plural Number, and Words importing the Plural Number shall include the Singular Number, and Words importing Males shall extend to Females, and the Word "Person" shall include Corporations aggregate or sole, unless in any of the Cases aforesaid there be something in the Context repugnant to such Construction.
Terms of the
II. And be it enacted, That where in the intended Exercise of Leases invalid any such Power of Leasing as aforesaid, whether derived under owing to Dean Act of Parliament or under any Instrument lawfully creating such Power, a Lease has been or shall hereafter be granted, which is, by reason of the Nonobservance or Omission of some Condition or Restriction, or by reason of any other Deviation from the Terms of such Power, invalid as against the Person entitled, after the Determination of the Interest of the Person granting such Lease, to the Reversion, or against other the Person who, subject to any Lease lawfully granted under such Power, would have been entitled to the Hereditaments comprised in such Lease, such Lease, in case the same have been made bonâ fide, and the Lessee named therein, his Heirs, Executors, Administrators, or Assigns, (as the Case may require,) have entered thereunder, shall be considered in Equity as a Contract for a Grant, at the Request of the Lessee, his Heirs, Executors, Administrators, or Assigns, (as the Case may require,) of a valid Lease under such Power, to the like Purport and Effect as such invalid Lease as aforesaid, save so far as any Variation may be necessary in order to comply with the Terms of such Power; and all Persons who would have been bound by a Lease lawfully granted under such Power shall be bound in Equity by such Contract: Provided always, that no Proviso where Lessee under any such invalid Lease as aforesaid, his Heirs, Exe- the Grantor or cutors, Administrators, or Assigns, shall be entitled by virtue of Reversioner is any such equitable Contract as aforesaid to obtain any Variation willing to conof such Lease, where the Persons who would have been bound by such Contract are willing to confirm such Lease without Variation.
III. And be it enacted, That the Acceptance of Rent under any Acceptance of such invalid Lease as aforesaid shall, as against the Person so Rent, &c. accepting the same, be deemed a Confirmation of such Lease.
become valid if the Grantor
IV. And be it enacted, That where a Lease granted in the Leases invalid intended Exercise of any such Power of Leasing as aforesaid, is at the granting invalid by reason that, at the Time of the granting thereof, the thereof inay Person granting the same could not lawfully grant such Lease, but the Estate of such Person in the Hereditaments comprised in such Lease shall have continued after the Time when such or the like Lease might have been granted by him in the lawful Exercise of such Power, then and in every such Case such Lease shall take effect, and be as valid as if the same had been granted at such
continue in the Ownership.
What shall be deemed an in
of a Power.
last-mentioned Time, and all the Provisions herein contained shall apply to every such Lease.
V. And be it enacted, That when a valid Power of Leasing is vested in or may be exercised by a Person granting a Lease, and tended Exercise such Lease (by reason of the Determination of the Estate or Interest of such Person or otherwise) cannot have Effect and Continuance according to the Terms thereof, independently of such Power, such Lease shall, for the Purposes of this Act, be deemed to be granted in the intended Exercise of such Power, although such Power be not referred to in such Lease.
Rights of the
Act not to extend to certain Leases.
not to be prejudiced.
Extent of Act.
Act may be amended, &c.
VI. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to prejudice or take away any Right of Action or other Right or Remedy to which, but for the passing of this Act, the Lessee named in any such Lease as aforesaid, his Heirs, Executors, Administrators, or Assigns, would or might have been entitled, under or by virtue of any Covenant for Title or quiet Enjoyment contained in such Lease on the Part of the Person granting the same, or to prejudice or take away any Right of Re-entry or other Right or Remedy to which, but for the passing of this Act, the Person granting such Lease, his Heirs, Executors, Administrators, or Assigns, or other the Person for the Time being entitled to the Reversion expectant on the Determination of such Lease, would or might have been entitled, for or by reason of any Breach of the Covenants, Conditions, or Provisoes contained in such Lease, and on the Part of the Lessee, his Heirs, Executors, Administrators, or Assigns, to be observed and performed.
VII. And be it enacted, That this Act shall not extend to any Lease by an Ecclesiastical Corporation or Spiritual Person, or to any Lease of the Possessions of any College, Hospital, or Charitable Foundation, or to any Lease where, before the passing of this Act, the Hereditaments comprised in such Lease have been surrendered or relinquished, or recovered adversely by reason of the Invalidity thereof, or there has been any Judgment or Decree in any Action or Suit concerning the Validity of such Lease, and shall not prejudice or affect any Action or Suit already commenced and now pending in any Court of Law or Equity, but every such Action and Suit may be proceeded with, and such Relief had therein, as if this Act had not passed.
VIII. And be it enacted, That this Act shall not extend to Scotland.
IX. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.
An Act to remove Doubts concerning the Transportation of
HEREAS Doubts have arisen as to the Power of the Crown to mitigate the Punishment of Offenders under 'Judgment of Death for Treason in Ireland:' Be it declared and enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and
portation of any
Commons, in this present Parliament assembled, and by the Authority of the same, That whenever Her Majesty, or the Lord Lieu- Her Majesty or tenant or other Chief Governor or Governors of Ireland for the the Lord LieuTime being, shall be pleased to extend Mercy to any Offender tenant may under Judgment of Death in Ireland for any Offence whatsoever order the Transby Law punishable with Death, it shall be lawful for Her Majesty, by Warrant under Her Royal Sign Manual, or for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, by Warrant signed by such Lord Lieutenant or other Chief Governor or Governors, to order the Transportation of such Offender for the Term of the natural Life of such Offender, or for any Term of Years (as in such Warrant shall be expressed); and such Warrant shall be as effectual in the Law, and shall be carried into execution by the Transportation of such Offender to any Place beyond the Seas to which Offenders may be transported, in the same Manner as if such Warrant had been a Sentence and Order for the Transportation for the like Term of such Offender pronounced, made, and recorded in respect of an Offence in respect of which such Sentence and Order might have been pronounced and made by a Court of competent Jurisdiction.
II. And be it enacted, That every such Warrant shall be lodged Warrants to be with the Clerk of the Crown or Clerk of the Peace acting for the recorded. Court where the Judgment of Death hath been or shall be pronounced or recorded, to be kept among the Records of such Court.
An Act to enable the Commissioners of Greenwich Hospital