⚫ thereupon made by such Grand Juries, for raising off the said Counties respectively the Sums under such Contracts payable to the Persons therein named for executing the Public Works therein ⚫ mentioned; and such Sums, or some Parts thereof, have by virtue of such Presentments been levied by the several Collectors of Grand < Jury Cess in such Counties, and considerable Portions of such • Works have been executed by the Persons named in such Contracts: And whereas Doubts have been entertained whether such < Contracts and Presentments have been made in strict Conformity with the Provisions of the said in part recited Act; and as Part of the Public Works therein mentioned has been done, and Part of the Money thereby presented has been raised, and cannot be now repaid, and as there is no other Fund save the Money so presented 6 out of which the Persons who executed such Public Works can be paid, it is expedient to give Validity to such Contracts and Pre'sentments:' Be it therefore enacted by the King'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 several Contracts for the Repairs of Public Roads in Ireland, or keeping them in repair, entered into at any Special Sessions held before the last Spring Assizes in any County in Ireland, and all Applications for Presentments for such Works made at such Sessions, and all Presentments founded thereon made by any Grand Jury at any Assizes held before the passing of this Act, shall be and the same are hereby declared to be valid and effectual in Law; (that is to say,) such Contracts shall be valid and effectual as Contracts for One Year, and such Presentments as Presentments for levying the Sums necessary for paying the Sums by such Contracts payable for such Year; and that so much of the several Sums by such Presentments directed to be levied as has not been already levied and raised shall be levied and raised in the same Manner and with the like Powers as any Sum legally presented by a Grand Jury in Ireland may be levied or raised; and that the Sum so to be levied, and any Sum heretofore levied or raised under such Presentments, shall be applied as the same would be if such several Presentments had been made legally and in conformity with the Provisions of such in part recited Act; and that the several Persons who would be entitled to be paid the Sums so presented if such Presentments and Contracts had been legally made, shall and may apply for Payment out of the Sums levied or to be levied under such Presentments in the same Manner as any Contractors would be entitled to apply for Payment of any Sum contracted to be paid under the Provisions of the said Act for doing any Public Works; and such Application shall be allowed or rejected and be in all respects treated as any Application under the said Act for Payment of any Sum contracted to be paid and presented under the said Act, and the Decision thereon shall be liable to be traversed as any Decision or any Application under the said Act; and the Money which shall be payable under such Contract, or such Part thereof as shall, upon such Application, be payable, shall be paid in the same Manner as any Money presented and payable under the said Act would be paid. . II. And be it further enacted, That all Securities given for the Securities for due Performance of any such Contracts shall be and the same P 2 are such Contracts hereby valid. L 3 & 4 W. 4. c. 101. 1836 the present Duties on Tea to cease, hereby declared to be valid Securities, and binding on the several Persons who entered into the same, as fully and effectually, to all Intents and Purposes, as if they were entered into under the Provisions of the said Act as Securities for the due Performance of any Public Work. CAP. XXXII. An Act to impose certain Duties on Tea. [21st August 1885.] WH HEREAS an Act was passed in the Third and Fourth Year of the Reign of His present Majesty, intituled An Act to provide for the Collection and Management of the Duties on Tea: And whereas it is found expedient to alter the Rates of Duty thereby imposed;' be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present After 1st July Parliament assembled, and by the Authority of the same, That from and after the First Day of July One thousand eight hundred and thirty-six the several Duties on Tea imposed by the said recited Act shall cease and determine, save and except as to any Arrears of such Duties which may then be due and payable and unpaid; and in lieu and instead thereof there shall be charged a Duty of Two Shillings and One Penny on every Pound Weight of Tea which after the said Day shall be imported, or which, having been previously imported, shall after that Day be entered for Home Consumption in the United Kingdom; which said Duty shall be raised, levied, collected, and paid under the like Rules and Regulations, so far as the same may be applicable, and shall be appropriated and applied in such and the like Manner, as the Duties on Tea imposed by the said recited Act. and a Duty of 2s. 1d. per Pound to be charged in lieu thereof. No Certiorari shall issue to remove Indictments, &c. from inferior Courts to the Court of 6 CAP. XXXIII. An Act for preventing the vexatious Removal of Indictments into the Court of King's Bench; and for extending the Provisions of an Act of the Fifth Year of King William and Queen Mary, for preventing Delays at the Quarter Sessions of the Peace, to other Indictments; and for extending the Provisions of an Act of the Seventh Year of King George the Fourth, as to taking Bail in Cases of Felony. [21st August 1835.] WHEREAS it is expedient to prevent Prosecutors of Indict ments and Presentments from vexatiously removing the same out of inferior Courts into His Majesty's Court of King's Bench: Be it therefore enacted by the King'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 from and after the passing of this Act no Writ of Certiorari shall issue from the Court of King's Bench at Westminster for removing into that Court any Indictment or Presentment from any Court of Session, Assize, Oyer and Terminer, or Gaol Delivery, or any other Court, at the Instance 12 Instance of the Prosecutor or any other Person (except His Majesty's Attorney General), without Motion first made in the Court of King's Bench, or before some Judge of that Court, and Leave obtained to remove such Indictment or Presentment, in the same Manner as similar Motions may now be made and Leave given where such Application is made on the Part of Defendants; any Law, Practice, or Usage to the contrary in anywise notwithstanding. King's Bench, at the Instance of a Prosecutor, without Leave from that Court. Defendants to enter into certain Recogniobtaining Writ of Certiorari to zances before remove Indict ment, &c. 5&6 W. & M. c.11. II. And whereas it is expedient to extend the Powers of an Act passed in the Fifth Year of the Reign of King William the Third and Queen Mary, intituled An Act to prevent Delays of Proceedings at the Quarter Sessions of the Peace;' be it therefore enacted, That instead of the Recognizance now by Law required to be entered into before the Allowance of a Writ of Certiorari, every Person indicted or presented in any Court of Session, Assize, Oyer and Terminer, Gaol Delivery, or any other Court, who shall obtain a Writ of Certiorari for removing any Indictment or Presentment whatever into the Court of King's Bench, not being in Custody for Want of Bail to answer such Indictment or Presentment, shall, before the Allowance of such Writ, enter into a Recognizance before One of His Majesty's Justices of the Court of King's Bench, or before a Justice of the Peace of the County or Place in which the Offence is charged to have been committed, or in which such Person shall reside, in such Sum and with such Sureties as the said Court of King's Bench, or One of His Majesty's Justices of the said Court, shall by Indorsement on the said Writ order and direct; which Recognizance shall contain the same Conditions as are now by the said Act, and another Act passed in the Eighth and Ninth Year of the Reign of King William the Third, intituled An Act to 8&9W.5. c.33. make perpetual and more effectual an Act, intituled An Act to pre vent Delays at the Quarter Sessions of the Peace,' required in Cases of Indictments removed from the General or Quarter Sessions of the Peace; and thereupon all the Clauses and Provisions contained in the said several Acts with respect to Costs or otherwise shall extend to such last-mentioned Recognizances; and every Person being in Custody for Want of Bail to answer the Charge contained in such Indictment or Presentment shall be detained in Custody until the like Recognizances as are herein-before directed to be entered into (previous to the Allowance of such Writ of Certiorari) shall have been entered into, or until such Person be discharged by due Course of Law. of Felony. III. Whereas in many Cases the taking Bail for the Appear- Extending Proance of Persons charged with Felony may be safely admitted visions of Act, without endangering the Appearance of such Persons to take 7G. 4. c. 64. their Trial in due Course of Law, and it is therefore expedient Bail in Cases as to taking of in such Cases to amend and extend the Provisions in that respect of an Act passed in the Seventh Year of King George the Fourth, intituled An Act for improving the Administration of • Criminal Justice in England;' be it therefore enacted, That it shall be lawful for any Two Justices of the Peace, if they shall think fit, of whom one or other shall have signed the Warrant of Commitment, to admit any Person or Persons charged with Felony, or against whom any Warrant of Commitment for Felony is signed, to Bail, in the Manner and according to the Provisions directed by P 3 the 9 G. 4. c. 55. the said recited Act, in such Sum or Sums of Money and with such Surety or Sureties as they shall think fit, and notwithstanding such Person or Persons shall have confessed the Matter laid to his or their Charge, or notwithstanding such Justices shall not think that such Charge is groundless, or shall think that the Circumstances are such as to raise a Presumption of Guilt. CAP. XXXIV. An Act to amend Two clerical Errors contained in an WHEREAS an Act was passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for consolidating and amending the Laws in Ireland relative to Larceny and other Offences connected therewith: And whereas the said Act contains a Proviso in the Words following; that is to say, "Provided always, that if upon the Trial "of any Person indicted for such Misdemeanor it shall be proved "that he obtained the Property in question in any such Manner "as to amount in Law to Larceny, he shall by reason thereof be "entitled to be acquitted of such Misdemeanor": And whereas the Word "not has by a clerical Error been omitted between the Words "shall" and " by" in the said Proviso:' Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Effect notwith Commons, in this present Parliament assembled, and by the Authority of the same, That the said herein-before recited Proviso of the said Act of Parliament shall be deemed, construed, and taken to have such and the same Effect, to all Intents and Purposes whatsoever, as if the said Word "not" had been originally inserted between the Words "shall" and "by ". Proviso in 9 G. 4. c. 55. s. 46. to have the intended standing the Omission. Clause 50 of 6 66 "" II. And whereas in another Clause of the said recited Act the Words following are contained; that is to say, " And to "encourage the Prosecution of Offenders, be it enacted, That if "any Person guilty of any such Felony any such Felony or Misdemeanor as afore"said, in stealing, taking, obtaining, or converting, or in knowingly "receiving, any Chattel, Money, valuable Security, or other Pro"perty whatsoever, shall be indicted for any Offence by or on "the Behalf of the Owner of the Property, or his Executor or "Administrator, and convicted thereof, in such Case the Property "shall be restored to the Owner or his Representative": And whereas the Word "such" has by a clerical Error been omitted between the Words "any" and "Offence" in the said Clause:' Be it enacted, That the herein-before recited Clause of the said Act of Parliament shall be deemed, construed, and taken to have such and the same Effect to all Intents and Purposes whatsoever as if the said Word "such" had been originally inserted between the said Words "any" and "Offence". CAP. XXXV. An Act for consolidating the Offices of Paymaster General, Paymaster and Treasurer of Chelsea Hospital, Treasurer of the Navy, and Treasurer of the Ordnance. [25th August 1835.] WHEREAS various Acts have been passed from Time to ་ 6 Time for the better Regulation of the Offices of Receiver • and Paymaster General of His Majesty's Guards, Garrisons, and Land Forces, of Paymaster and Treasurer of all Monies for the • Maintenance or Relief of the disabled and superannuated Non⚫ commissioned Officers and Soldiers entertained in His Majesty's Royal Hospital near Chelsea, of the Office of Treasurer of His Majesty's Royal Navy, and of the Office of Treasurer of His Majesty's Ordnance: And whereas it is expedient to consolidate into One Establishment those Four several Offices, and to make Provision for the proper Dispatch of the Public Business when • such Consolidation shall have taken place;' be it therefore enacted by the King'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 from and after the passing of this Act it shall be lawful for His Majesty, His Heirs and Successors, by Warrant under the Royal Sign Manual, countersigned by the Lord High Treasurer, or the Commissioners of the Treasury of the United Kingdom of Great thereof. Britain and Ireland for the Time being, or any Three or more of them, to abolish the said Offices of Receiver and Paymaster General of His Majesty's Guards, Garrisons, and Land Forces, of Paymaster and Treasurer of all Monies for the Maintenance or Relief of the disabled and superannuated Non-commissioned Officers and Soldiers entertained in His Majesty's Royal Hospital near Chelsea, of Treasurer of His Majesty's Royal Navy, and of Treasurer of His Majesty's Ordnance; and in place of the said several Offices to constitute and appoint One Office for the Discharge of the Duties now executed in the several Offices so authorized to be abolished. Certain Offices abolished, and stituted in place One Office con II. And be it further enacted, That from and after the Date of Patents, &c. to such Warrant directing the Abolition of the said Offices the several cease. Patents, Warrants, and Authorities under which the same have been and are or shall be held shall cease and determine and become absolutely null and void. III. And be it further enacted, That the Office to be created to execute the several Duties now discharged in the said Offices so to be abolished shall be styled "The Office of His Majesty's Paymaster General"; and that the Establishment thereof shall consist of a Paymaster General, with such Number of Officers, Clerks, and Assistants, and with such Salaries, as shall be fixed and regulated from Time to Time by the Lord High Treasurer or the Commissioners of His Majesty's Treasury for the Time being, or any Three or more of them. Establishment of the Office of General. Paymaster IV. And be it further enacted, That the said Office of Paymaster Appointment General shall be granted by Warrant under the Royal Sign Manual, to Office. countersigned by the Lord High Treasurer, or the Commissioners of the Treasury for the Time being, or any Three or more of them, |