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taments so purchased, taken, or used, or of his Guardian or Guardians, Committee or Committees, in case of Infancy, Idiotcy, or Lunacy, to be signified in Writing under their respective Hands, be paid into the Bank of England, in the Name and with the Privity of the said Accountant General of the Court of Exchequer, and be placed to his Account as aforesaid, in order to be applied in Manner hereinbefore directed; or otherwise the same shall be paid at the like Option, to Two Trustees, to be nominated by the Person or Persons making such Option, and approved of by the Trustees taking such Lands, Tenements, or Hereditaments, (such Nomination and Approbation to be signified in Writing under the Hands of the nominating and approving Parties,) in order that such Principal Money, and the Dividends and Interest arising thereon, may be applied in Manner hereinbefore directed, so far as the Case may be applicable, without obtaining or being required to obtain the Direction or Approbation of the said Court of Exchequer.

XI. Provided also, and be it further enacted, That where such When less than Money so agreed or awarded to be paid as hereinbefore men- 201. tioned shall be less than the Sum of Twenty Pounds, then and in all such Cases the same shall be applied to the Use of the Corporation or Person who would for the Time being have been entitled to the Rents and Profits of the Lands, Tenements, or Hereditaments so purchased, taken, or used in such Manner as the Trustees taking such Lands, Tenements, or Hereditaments shall think fit; or in case of Infancy, Idiotcy, or Lunacy, then to his Guardian or Guardians, Committee or Committees, to and for the Use and Benefit of such Person so entitled respectively.

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XII. And be it further enacted, That in case the Corporation or Person to whom any Sum or Sums of Money shall be awarded, for the Purchase of any Lands, Tenements, or Hereditaments, shall refuse to accept the same, or shall not be able to make good Title to the Premises to the Satisfaction of the Trustees, or in case the Person to whom such Sum or Sums of Money shall be so awarded cannot be found, or if the Person entitled to such Lands, Tenements, or Hereditaments be not known or discovered, then and in every such Case it shall be lawful for the said Trustees to order the said Sum or Sums of Money to be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the said Court of Exchequer, to be placed to his Account, to the Credit of the Parties interested in the said Lands, Tenements, or Hereditaments, (describing them,) subject to the Order, Control, and Disposition of the said Court of Exchequer; which said Court, on the Application of any Person making claim to such Sum or Sums of Money, or any Part thereof, by Motion or Petition, shall and is hereby empowered, in a summary Way of Proceeding or otherwise, as to the same Court shall seem meet, to order the same to be laid out and invested in the Public Funds, and to order Distribution thereof, or Payment of the Dividends thereof, according to the respective Estate or Estates, Title or Interest, of the Person making claim thereto, and to make such other Order in the Premises as to the said Court shall seem just and reasonable; and the Cashier or Cashiers of the Bank of England, who shall receive such Sum or 7 & 8 GEO. IV.

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Sums

In case of not making out Title, or Persons not being found.

Persons in possession presumptively entitled.

The Court may order reasonable Expences of Purchases to be paid.

Justices to

award for Ma

terials no larger could actually

Sum than they

be sold for.

Sums of Money, is and are hereby required to give a Receipt or Receipts for such Sum or Sums of Money (mentioning and specifying for what and for whose Use the same is or are received) to. such Person as shall pay any Sum or Sums of Money into the Bank as aforesaid.

XIII. Provided always, and be it further enacted, That where any Question shall arise touching the Title of any Corporation or Person to any Money to be paid into the Bank of England in the Name and with the Privity of the Accountant General of the Court of Exchequer in pursuance of this Act, for the Purchase of any Lands, Tenements, or Hereditaments, or of any Estate, Right, or Interest in any Lands, Tenements, or Hereditaments, or of any Bank Annuities to be purchased with any such Money, or to the Dividends or Interest of any such Bank Annuities, the Person who shall have been in Possession of such Lands, Tenements, or Hereditaments at the Time of such Purchase, and all Persons claiming under such Person, or under the Possession of such Person, shall be deemed and taken to be lawfully entitled to such Lands, Tenements, or Hereditaments, according to such Possession, until the contrary shall be shown to the Satisfaction of the said Court of Exchequer; and the Dividends or Interest of the Bank Annuities to be purchased with such Money, and also the Capital of such Bank Annuities, shall be paid, applied, and disposed of accordingly, unless it shall be made appear to the said Court that such Possession was a wrongful Possession, and that some other Person was lawfully entitled to such Lands, Tenements, or Hereditaments, or to some Estate or Interest therein.

XIV. Provided also, and be it further enacted, That where, by reason of any Disability or Incapacity of the Corporation or Person entitled to any Lands, Tenements, or Hereditaments, the Purchase Money for the same shall be required to be paid into the said Court, and to be applied in the Purchase of other Lands, Tenements, or Hereditaments, to be settled to the like Uses, it shall be lawful for the said Court to order the Expences of all Purchases from time to time to be made in pursuance of this Act, or so much of such Expences as the said Court shall deem reasonable, together with the necessary Costs and Charges of obtaining such Order, to be paid by the Trustees taking any such Lands, Tenements, or Hereditaments, who shall from time to time pay such Sums of Money for such Purposes as the said Court shall direct.

XV. Provided always, and be it enacted, that the Trustees shall not be required to pay any larger Sum as a Satisfaction for any Materials raised, taken, or carried away from any Lands or Grounds, for making or repairing any Turnpike Road, than such Sum of Money as it shall appear to the Two Justices settling and determining such Satisfaction that such Materials might or could have been actually sold for in case the same had not been raised, taken, or carried away by such Trustees; and in case the said Justices shall be of Opinion that the said Materials, before they had been so raised, taken, or carried away, could not have been sold or disposed of, then the said Justices shall only assess the Damage done to the Lands or Grounds of the Owners or Occupiers thereof, by the raising, gathering, or carrying away the same. XVI. And

XVI. And be it further enacted, That if any Person shall injure, damage, incumber, ride upon, drive upon, or otherwise use any public Footpath or Causeway, by the Side of and adjacent to any Turnpike Road, to the Prejudice, Annoyance, Interruption, or personal Danger of any Person travelling thereon, every Person so offending shall be liable to the same Penalties in respect of such Offences as by the Acts hereinbefore recited are imposed in respect of such Offences, whether such Footpath or Causeway be made, maintained, and repaired by the Trustees of the Turnpike Road thereunto adjoining, or by the Inhabitants of the Parish wherein such Footpath or Causeway is situated, or by any other Person whatever.

XVII. And be it further enacted, That where any Part or Parts of any Turnpike Road, or any Bridges, Arches, Drains, or Sewers lying in and upon such Road, have been accustomed or ought to be repaired and maintained by any particular Person, Body Politic or Corporate, by reason of the Tenure of any Lands, Tenements, or Hereditaments, or otherwise, or by any County or any Parish, or where any Composition has been entered into or made in lieu thereof, all and every such Part or Parts of such Road, and all such Bridges, Arches, Drains, and Sewers, shall from time to time be maintained and kept in repair by such Person, Body Politic and Corporate, County or Parish, or such Composition shall be paid, in such Manner as the same were respectively maintained and kept in repair or paid before the passing the said recited Acts, or of any Local Act for making or maintaining any Turnpike Road.

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Land.

XVIII. And be it further enacted, That all Mines of Iron, Tin, Minerals under Lead, Copper, Coal, and other Minerals whatsoever, which shall Road to belong be discovered or found in or under any Land to be used for to original ProTurnpike Road, shall be and they are hereby reserved to the Per-prietors of son, Body Politic, Corporate or Collegiate, who would have been seised of or entitled to the same in case the Act for making such Road had not been passed, with Liberty for him, or his Agents or Servants, to dig for, mine, and work the same, in such Manner as is usual for carrying on Works of that Kind in the County, District, or Place where such Mines shall be found, in as full and ample a Manner as if the said Land had not been taken and appropriated for the Purposes aforesaid, so that in the working thereof no Damage shall be done to such Road or any Part thereof. XIX. And be it further enacted, That the Word Trustees in the Explanation of said recited Acts or any of them, or in this Act, shall be deemed Words in Act. and construed to extend to all or any of the Trustees or Commissioners appointed for the Execution of any Act or Acts for making, amending, repairing, maintaining, or keeping in repair any Turnpike Road; and the Word Person in the said recited Acts or any of them, or in this Act, shall be deemed and construed to extend to and to include any One or more Person or Persons, and of either Sex; and that the Word County in the said recited Acts or any of them, or in this Act, shall be deemed and construed to extend to and to include Riding or Division; and that the Word Parish in the said recited Acts or any of them, or in this Act, shall be deemed and construed to extend to and to include Ward, District, Hamlet, Township, or Place.

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XX. And

Extending
Powers of

former Acts.

31 Eliz. c. 6.

XX. And be it further enacted, That all the Powers, Authorities, Clauses, Provisions, Penalties, Forfeitures, Matters, and Things contained in the said Acts of the Third and Fourth Years of the Reign of His present Majesty, shall, so far as the same are not altered or varied by this present Act, extend and be construed to extend to this Act, and shall be applied and put in execution as fully and effectually, to all Intents and Purposes, as if the same were repeated and re-enacted in the Body of this Act, and made Part thereof.

CAP. XXV.

An Act for the Relief of certain Spiritual Persons and Patrons
of Ecclesiastical Preferments, from certain Penalties; and
rendering valid certain Bonds, Covenants, or other Assur-
ances for the Resignation of Ecclesiastical Preferments.
[14th June 1827.]

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WHEREAS by an Act made and passed in the Thirty first Year of the Reign of Her late Majesty Queen Elizabeth, ⚫ intituled An Act against Abuses in Elections of Scholars and Pre'sentations to Benefices, it is enacted in the Words or to the Effect following; to wit, "For the avoiding of Simony and Corruption ' in Presentations, Collations, and Donations of and to Benefices, 'Dignities, Prebends, and other Livings and Promotions Eccle'siastical, and in Admissions, Institutions, and Inductions to the same, be it further enacted by the Authority aforesaid, that if any Person or Persons, Bodies Politic and Corporate, shall or do at any Time after the End of Forty Days next after the End ' of this Session of Parliament, for any Sum of Money, Reward, 'Gift, Profit, or Benefit, directly or indirectly, or for or by reason of any Promise, Agreement, Grant, Bond, Covenant, or other 'Assurance, of or for any Sum of Money, Reward, Gift, Profit, or • Benefit whatsoever, directly or indirectly present or collate any Person to any Benefice with Cure of Souls, Dignity, Prebend, or Living Ecclesiastical, or give or bestow the same for or in respect of any such corrupt Cause or Consideration, that then every such Presentation, Collation, Gift, and Bestowing, and every Admission, Institution, Investiture, and Induction there· upon, shall be utterly void, frustrate, and of none Effect in Law; ⚫ and that it shall and may be lawful to and for the Queen's Ma'jesty, Her Heirs and Successors, to present, collate unto, or give or bestow every such Benefice, Dignity, Prebend, and Living Ecclesiastical, for that One Time or Turn only; and that all and every Person or Persons, Bodies Politic and Corporate, that from thenceforth shall give or take any such Sum of Money, Reward, Gift, or Benefit, directly or indirectly, or that shall take or make any such Promise, Grant, Bond, Covenant, or other Assurance, shall forfeit and lose the double Value of One Year's Profit of every such Benefice, Dignity, Prebend, and Living Ecclesiastical; and the Person so corruptly taking, procuring, seeking, or accepting any such Benefice, Dignity, Prebend, or 'Living, shall thereupon and from thenceforth be adjudged a disabled Person in Law to have or enjoy the same Benefice,

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Dignity, Prebend, or Living Ecclesiastical:" And Whereas since the passing of the said Act many Spiritual Persons or ' others, before or after the Presentation or Collation or Appoint'ment by Donation, of Spiritual Persons to Spiritual Offices, being Benefices with Cure of Souls, Dignities, Prebends, or Livings Ecclesiastical, have made, given, or entered into certain En'gagements by Promise, Agreement, Grant, Bond, Covenant, or ' other Assurance, to or with the Patron or Patrons of such Spiritual Offices, or to or with some other Person or Persons, for the Resignation of such Spiritual Offices, to the Intent or Purpose that some Person specially named or described in such Engagement, or One of Two Persons so specially named or described, should be presented, collated, or nominated to such Spiritual Offices respectively, or that the same should be given or bestowed to or upon him, or for the Resignation thereof upon 'Notice or Request or otherwise, when a Person, or One of Two 'Persons, so specially named or described, should become quali'fied by Age or otherwise to accept and take the same: And 'Whereas it has lately been adjudged and determined at Law that 'such Engagements as aforesaid come within the Intent and Meaning of the said recited Act: And Whereas the Spiritual • Persons and Patrons, and other Persons, who have been Parties to such Engagements, will suffer great Hardship and Detriment unless they be relieved from the Pains, Penalties, Forfeitures, 'Loss, or Disabilities to which they have erroneously, but without having wilfully acted in contravention of the said recited Act, ' rendered themselves liable, by reason of having given or entered into, or accepted or taken such Engagements;' For remedy thereof, be it 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 no Presentation, Collation, No PresentGift, or Bestowing of any such Spiritual Office to or upon any ation to any Spiritual Person, before the Ninth Day of April in the present Spiritual Office, Year of our Lord One thousand eight hundred and twenty seven, nor any Admission, Institution, Investiture, or Induction thereupon, shall be void, frustrate, or of no effect in Law, for or by reason of any such Engagement made, given, or entered into by such Spiritual Person, or any other Person or Persons, to or with the Patron or Patrons of such Spiritual Office, or to or with any other Person or Persons, for the Resignation of the same, to the Intent or Purpose manifested by the Terms of such Engagement, that some Person specially named or described therein, or One of Two Persons so specially named or described, should be presented, same. collated, or nominated to such Spiritual Office, or that the same should be given or bestowed to or upon him, or for the Resignation thereof upon Notice or Request, or otherwise, when a Person, or One of Two Persons, so specially named or described, should become qualified, by Age or otherwise, to accept and take the same; and that it shall not be lawful for the King's most Excellent Majesty, His Heirs, or Successors, for or by reason of such Engagement as aforesaid, to present or collate unto, or give or bestow such Spiritual Office; and that such Spiritual Person, and Persons Patron or Patrons, or other Person or Persons respectively, shall making any

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made before 9th April 1827, shall be void on account of any Agreement to resign when

another Person, named, shall specially become qualified to take the

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