acts excepting Middlesex from their operation. § 18 prescribes by whom warrants are to be backed in the Channel Islands. In certain counties of cities and towns (§ 19) prisoners charged with any offence not triable at the quarter sessions may be tried at the assizes for the adjoining county. The justices at any general or quarter session ($ 20) may declare that any gaol or house of correction is a fit prison for persons committed for trial, when, after approval by the Secretary of State, any justice or coroner for the county may commit any prisoner thereto for trial, the jailor or keeper in such case delivering to the judge of assize a calendar, in the same way that the sheriff would do if committed to the county gaol ; the prisoners so committed ($ 21) are to be removed to the county gaol previous to trial; and every prisoner ($22) during such removal to be deemed in proper legal custody. § 23 enacts that the provisions of the 38 Geo. III., c. 52, and 51 Geo. III., c. 100, relating to the execution of sentences and the payments of costs and expenses, shall be extended to this Act; § 24 defines what are to be deemed adjoining counties; and § 25 limits the operation of the Act to England and Wales.


[14 and 15 Victoriæ, cap. 57.-August 1, 1851.] An Act to consolidate and amend the laws relating to Civil Bills and the

Courts of Quarter Sessions in Ireland, and to transfer to the Assistant Barristers certain jurisdiction as to Insolvent Debtors.

This is a very important Act, extending and simplifying the powers of the courts, but is to a great extent professional. It contains 165 sections, with a number of schedules, some of which are tables of the fees to be paid to counsel, attorneys, and clerks of the peace. It gives powers to alter existing divisions, to appoint paid chairmen of sessions, and gives extended jurisdiction to the assistant barrister's courts, whose salaries are also regulated in one of the schedules, varying from 6001. to 1,6001. per annum.


(14 and 15 Victoriæ, cap. 60.-August 1, 1851.] An Act to prevent the assumption of certain Ecclesiastical Titles in respect

of places in the United Kingdom. [This bill formed the great labour of the session.

As it is not long, and will probably be often referred to, we give it entire.] “Whereas divers of her Majesty's Roman Catholic subjects bave assumed to themselves the titles of archbishop and bishops of a pretended province, and of pretended sees or dioceses, within the United Kingdom, under colour of an alleged authority given to them for that purpose by certain briefs, rescripts, or letters apostolical from the see of Rome, and particularly by a certain brief, rescript, or letters apostolical purporting to have been given at Rome on the twenty-ninth of September, one thousand eight hundred and fifty: and whereas by the Act of the tenth year of King George the Fourth, chapter seven, after reciting that the Protestant Episcopal Church of England and Ireland, and the doctrine, discipline, and government thereof, and likewise the Protestant Presbyterian Church of Scotland, and the

doctrine, discipline, and government thereof, were by the respective Acts of Union of England and Scotland, and of Great Britain and Ireland, established permanently and inviolably, and that the right and title of archbishops to their respective provinces, of bishops to their sees, and of deans to their deaneries, as well in England as in Ireland, had been settled and established by law, it was enacted, that if any persor, after the commencement of that Act, other than the person thereunto authorised by law, should assume or use the name, style, or title of archbishop of any province, bishop of any bishopric, or dean of any deanery, in England or Ireland, he should for every such offence forfeit and pay the sum of one hundred pounds: And whereas it may be doubted whether the recited enactment extends to the assumption of the title of archbishop or bishop of a pretended province or diocese, or archbishop or bishop of a city, place, or territory, or dean of any pretended deanery in England or Ireland, not being the see, province, or diocese of any archbishop or bishop or deanery of any dean recognised by law; but the attempt to establish, under colour of authority from the see of Rome or otherwise, such pretended sees, provinces, dioceses, or deaneries, is illegal and void : And whereas it is expedient to prohibit the assumption of such titles in respect of any places within the United Kingdom:" Be it therefore declared and enacted by the Queen's most excellent Majesty, by and with the consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That

I. All such briefs, rescripts, or letters apostolical, and all and every the jurisdiction, authority, pre.eminence, or title conferred or pretended to be conferred thereby, are and shall be and be deemed unlawful and void.

II. And be it enacted, that if, after the passing of this Act, any person shall obtain or cause to be procured from the bishop or see of Rome, or shall publish or put in use within any part of the United Kingdom, any such bull, brief, rescript, or letters apostolical, or any other instrument or writing, for the purpose of constituting such archbishops or bishops of such pretended provinces, sees, or dioceses within the United Kingdom, or if any person, other than a person thereunto authorised by law in respect of an archbishopric, bishopric, or deanery of the united Church of England and Ireland, assume or use the name, style, or title of archbishop, bishop, or dean of any city, town, or place, or of any territory or district (under any designation or description whatsoever), in the United Kingdom, whether such city, town, or place, or such territory or district, be or be not the see or the province, or co-extensive with the province, of any archbishop, or the sce or the diocese, or co-extensive with the diocese, of any bishop, or the seat or place of the church of any dean, or co-extensive with any deanery, of the said united church, the person so offending shall for every such offence forfeit and pay the sum of one hundred pounds, to be recovered as penalties imposed by the recited Act may be recovered under the provisions thereof, or by action of debt at the suit of any person in one of her Majesty's superior courts of law, with the consent of her Majesty's Attorney General in England and Ireland, or her Majesty's Advocate in Scotland, as the case may be.

III. This Act shall not extend or apply to the assumption or use by any bishop of the Protestant Episcopal Church in Scotland exercising episcopal functions within some district or place in Scotland of any name, style, or title, in respect of such district or place; but nothing herein contained shall be taken to give any right to any such bishop to assume or use any name, style, or title which he is not now by law entitled to assume or use.

IV. Be it enacted, that nothing herein contained shall be construed ito annul, repeal, or in any manner affect any provision contained in an Act passed in the eighth year of the reign of her present Majesty, intituled An Act for the more effectual application of charitable donations and bequests in Ireland.


[14 and 15 Victoriæ, cap. 61.-August 1, 1851.) An Act for providing a Metropolitan Market and conveniences connected

therewith in lieu of the Cattle Market at Smithfield. In order to prevent “the evils attendant on the market now holden in Smithfield,” 1 enacts that “it shall be lawful for her Majesty, after the expiration of six calendar months from the passing of this Act, in case the mayor, aldermen, and commons of the City of London have not in the meantime signified, in manner hereinafter mentioned, their desire to undertake the execution of this Act, by warrant under the royal sign manual, to appoint five persons to be commissioners under this Act, and at pleasure to remove the commissioners so appointed, and upon every vacancy in the office of any commissioner appointed under this Act to appoint in like manner some other person to such office;" any three of whom may exercise the powers : these commissioners ($ 2) being incorporated under the title of “the Metropolitan Cattle Market Commissioners, may purchase and hold lands for the purposes of this Act. Such commissioners ($ 3) may provide and set out a cattle and meat market, with slaughter-houses and lairs for cattle, in such situation as may appear to them fit, with the approval of the Secretary of State, in lieu of the market now holden in Smithfield ; and may improve or widen the ways and roads so as to facilitate the ingress and egress to and from such market places and lairs ; they are also ($ 4) to provide water and drainage thereto; and appoint (§ 5) officers for the management thereof. They may likewise (§ 6) make bye-laws for the regulation of the same, subject to the approval of the Secretary of State; and have power given them (87) to let for such rates and payments as they deem fit the slaughter-houses, stalls, shops, and other conveniences of the market. With the approbation of the Treasury (6-8) they are empowered to fix or vary the table of tolls so as not to exceed the rates in the following schedule :Tolls.-For every score of sheep sold, 2d. per score.

For every score of beasts sold, 20d. per score.
For every entry of horses for sale, 4d, each.

For every score of pigs, 4d. per score.
Dues.-Pens for sheep, calves, or pigs, permanent pens, ls. each.

Ties for beasts or calves, ld. each,
Ties for horses, ld. each.
Hay duty, 6d. per load ; and for each entry of sale, ld.

Straw duty, ld.; for each entry of sale, ld. Copies of all bye-laws, and tables of the tolls and payments to be placed ($9), painted in legible characters, at each of the entrances of the market. When the commissioners ($ 10) have provided the

[ocr errors]

market-places, slaughter-houses, &c., fixed the tolls and payments, and appointed the market days, they are to report the same to the Secretary of State, who is then to publish a notice thereof in the “ London Gazette” fixing the time of opening, from which time Smithfield is to cease to be a market for cattle and horses; and no new market is to be opened in the cities of London or Westminster, or in the borough of Southwark, or in any place within seven miles in a straight line from St. Paul's cathedral. The markets ($ 11), and the tolls, rents, and profits thereof, and the management of such markets, are vested in the commissioners. Any clerk or inspector under this Act (§ 12) may inspect and examine any cattle or dead meat exposed for sale in such markets, and all such as is unfit for human food is to be seized and destroyed; the person exposing such for sale being liable also to a penalty not exceeding 201. The commis. sioners also ($ 13) may regulate, subject to the approval of the Secretary of State, the routes and times for the driving of cattle to or from such markets, and disobedience to such regulations subjects the offender for every offence to a penalty not exceeding 51. The tolls and payments ($ 14) are to be paid to the collectors appointed by the commissioners on the cattle, horses, or meat entering or being brought to the market-place, and for the use of the pens, lairs, &c. at such times as shall be appointed by the bye-laws. All expenses incurred under this Act ($ 15) are to be defrayed out of the moneys received, and the moneys so received (§ 16) are to be paid to the treasurer, who shall forth with pay the same into the Bank of England to the account of the commissioners; the treasurer and all other persons receiving money (f 17) shall, before their appointment, give security for the faithful performance of their duties, and for the duly accounting for all moneys received. The money paid into the Bank (18) is to be paid out only in cheques signed by the treasurer and two or more of the commissioners. $$ 19 to 29 relate to the duties of the commissioners: they may raise money on mortgages, the accounts are to be kept and balanced, an annual statement is to be prepared to be audited by the public auditors, they may make contracts for the preparing of the market-places, building the slaughter-houses, &c., but no contract or purchase exceeding 1,0001. to be closed without the approbation of the Treasury; they may dispose of lands not wanted, and an annual report is to be made, sent to the Secretary of State, and laid before Parliament. From and after December 1 ($ 30), in the year next following that in which the slaughter-houses under this Act are opened, no slaughter-house is to be used within the metropolitan district without a license from the last preceding Michaelmas quarter sessions, every person offending being liable to a penalty not exceeding 51. Persons ($ 31) obstructing officers in the execution of this Act; or ($32) defacing or injuring any board containing any bye-law or table of tolls or payments ; are liable for each offence to a penalty not exceeding 51. Officers under the commissioners ($ 33) are forbidden to have any interest in any contract or work executed, or to take any fee or reward other than his proper salary, and offences against this regulation renders the offender incapable of holding or continuing in any office under the commissioners and liable to a penalty of 501, to be recovered by action of debt. Tolls or other payments (8 34) may be recovered by distress or immediate sale of such cattle, horse, or meat for which such toll is payable. Penalties ($ 35) to be recovered under the provisions of the 2 and 3 Vict., cap. 47. The proof of publication ($ 36) of the bye-laws and tables of tolls to consist in the evidence of the painted boards containing the same having been set up as directed. If, however, (9 37) the corporation of London, within six months from the passing of this Act, shall signify to the Secretary of State their desire to undertake the execution of this Act, they are to exercise the power and perform the duties prescribed to the commissioners, who are then not to be appointed; and the corporation ($ 38) are to be subject to the same control and the same liabilities as the commissioners would have been ; but if the corporation declare their intention to defray the expenses of carrying this Act into execution out of their own funds, the tolls and other payments are to belong to them, and the provisions for the appointment of a'secretary, a treasurer, and auditors shall not be applicable ; but if they make default for the space of eighteen months after such signification in carrying the Act into effect, (§ 39) the Secretary of State shall publish a notice in the London Gazette of such default, and the enactments shall take effect as if no such signification had been made; and if ($ 40) the corporation do not undertake the duties within six months, and no market be opened within three years thereafter, this Act, so far as it provides that Smithfield shall cease to be a market for cattle and horses, shall cease and be void. § 41 saves all other rights of the city of London ; § 42 saves the rights of her Majesty ; $ 43 declares the short title of this Act to be “the Metropolitan Market Act, 1851 ;” and § 44 is an interpretation of terms.

[ocr errors]

CUSTOMS. [14 and 15 Victoriæ, cap. 62.-August 7, 1851.] An Act to alter certain Duties of Customs, and to enable the Treasury to

regulate the mode of keeping the accounts between the Receiver General of Customs and the Bank of England.

By § 1 after April 15, 1851, the following rates of duty are to be levied on the articles named, in lieu of the duties imposed by the previous Act, and goods in warehouse (§ 2) are to be liable to the new duties. The duties (§ 3) are to be under the management of the Commissioners of Customs; and ($ 4) the Treasury may regulate the mode of keeping the accounts between the receiver-general of the Customs' duties and the bank of England.

£. s. d. Coffee, the lb...

0 3 kiln-dried, roasted, or ground, the lb...

0 0 Upon timber and wood goods not otherwise charged with

duty : Timber or wood, not being deals, battens, boards, staves,

handspikes, oars, lath wood, or other timber or wood sawn, split, or otherwise dressed, except hewn, and not being timber or wood otherwise charged with duty, the load of 50 cubic feet, ....

0 7 6 Deals, battens, boards, or other timber, or wood sawn or

split, and not otherwise charged with duty, the load of 50 cubic feet.

0 10 0 Staves, if exceeding 72 inches in length, 7 inches in breadth,

or 3 inches in thickness, the load of 50 cubic feet.. 0 0 Handspikes, not exceeding 7 feet in length, the 120

0 6 0 exceeding 7 feet in length, the 120.

0 12 Knees, under 5 inches square, the 120

0 3


« ElőzőTovább »