CAP. XIII. AN ACT to render more simple and effectual the Titles by which Congregations or Societies associated for Purposes of Religious Worship or Education in Scotland hold Real Property required for such Purposes. ABSTRACT OF THE ENACTMENTS. (17th May 1850.) 1. Heritable property conveyed for religious or educational purposes to vest in disponees or their successors. 2. Providing for payment in lieu of casualties of superiority. 3. Sums invested on heritable security for religious, educational, or charitable purposes to vest in disponees and their successors. 4. Act may be amended, &c. By this ACT, It is recited that it is expedient to render more simple and effectual the titles by which congregations or societies associated together for the purposes of maintaining religious worship or promoting education in Scotland may hold the heritable property required for such purposes: And it is Enacted, I. That wherever heritable property, consisting of lands or houses in Scotland, has been or may hereafter be acquired by any congregation or society or body of men associated for religious purposes or for the promotion of education, as a chapel, meeting-house, or other place of worship, or as a manse or dwelling-house for the minister of such congregation, or offices, garden, or glebe for his use, or as a school-house, or schoolmaster's house, garden, or play-ground, or as a college, academy, or seminary, or as a hall or rooms for the meetings or transaction of the business of such congregation or society or body of men, and wherever the charter, disposition, conveyance, or lease of such heritable property has been or may be taken in favour of the minister, kirk session, vestrymen, deacons, managers, or other office-bearers or office-bearer of such congregation or society or body of men, or any of them, or of trustees appointed or to be from time to time appointed, or of any party or parties named in such charter, disposition, conveyance, or lease, in trust for behoof of the congregation or society or body of men, or of the individuals composing the same, such charter, disposition, or conveyance, when followed by infeftment duly expede and recorded in terms of law, or such lease, shall not only vest the party or parties named therein in the lands, houses, or other heritable property thereby feued, conveyed, or leased, but shall also, after the death or resignation or removal from office of such party or parties, or any of them, effectually vest their successors in office for the time being, chosen and appointed in the manner provided in such charter, disposition, conveyance, or lease, or if no mode of appointment be therein set forth or prescribed, then in terms of the rules or regulations of such congregation or society or body of men, in such lands, houses, or property, subject to such and the like trusts, and with and under the same powers and provisions, as are contained in the charter, disposition, conveyance, or lease given and granted to the parties, disponees or lessees therein, and that without any transference, assignment, conveyance, or other transmission or renewal of the investiture whatsoever, anything in such charter, disposition, conveyance, or lease contained to the contrary notwithstanding. II. That where no agreement shall have been made or shall be made with the superior of such heritable property for a periodical or other payment in lieu of the casualty or composition payable by law or in terms of the investiture upon the entry of heirs and singular successors, or where the casualty and composition shall not have been taxed, and where by law and under the terms of the investiture composition as on the entry of a singular successor would be, or but for the provisions of this Act would have been, payable upon the entry of any party or parties as successors to the party or parties in whose name the titles shall have been expede or recorded as aforesaid, it shall be lawful for such superior, at the death of the existing vassal in such heritable property, and at the expiration of every period of twenty-five years thereafter, so long as such heritable property shall belong to or be held for behoof of such congregation or society or body of men, to demand and take from such congregation or society or body of men, or other party or parties to whom such heritable property may have been or shall be feued or conveyed, or by whom the same may be held, for their behoof, a sum corresponding to the casualty or composition, if any such shall in the circumstances be due, which would have been payable upon the entry of a singular successor therein, and such payments shall be in full of all casualties of entry and composition payable to the superior for or furth of such heritable property while the same shall remain the property or be held for behoof of such congregation or society or body of men, and the superior shall have all such and the like preference and execution for the recovery of such sums as superiors have for the recovery of casualties of superiority according to law: Provided always, that where such casualty or composition shall not have been taxed in the investiture, and the heritable property so feued or conveyed shall not be situated in a town or village, or in the immediate vicinity thereof, the casualty or composition payable therefor shall be held to be the annual rent or annual value of the land so feued or conveyed, if let as an agricultural subject at the time when such casualty or composition shall become due and exigible in virtue of this Act. III. That wherever any sum or sums of money shall have been or shall be invested on heritable security in Scotland for the behoof of any such congregation or society or body of men as aforesaid, for the purposes aforesaid, or for any religious, educational or charitable object under their administration and management, and the bond and disposition in security or other deed whereby such security has been or may be constituted shall have been or shall be taken in favour of any minister, kirk session, vestrymen, deacons, managers, office-bearers or office-bearer, or of trustees as aforesaid, and duly recorded or followed by infeftment (where infeftment shall be necessary) duly expede and recorded in terms of law, such bond and disposition in security or other deed and infeftment (if any) shall not only effectually vest the party or parties therein named in such bond and disposition in security or other deed, but shall also, after the death or resignation or removal from office of such party or parties or any of them, effectually vest their successors in office for the time being chosen and appointed in the manner provided in such bond and disposition in security or other deed, or if no mode of appointment be therein set forth or prescribed, then in terms of the rules of such congregation or society or body of men in such bond and disposition in security or other deed, and the sum or sums of money therein contained, subject to the same trusts, and with and under the same powers and provisions, as are contained in the bond or disposition in security or other deed given and granted to the parties disponees therein, and that without any transference, assignment, conveyance or other transmission, or renewal of investiture whatsoever, anything in such bond or disposition in security or other deed to the contrary notwithstanding. IV. That this Act may be amended or repealed by any Act to be passed in the present session of Parliament. CAP. XIV.-IRELAND. AN ACT to authorize a further Advance of Money to certain distressed Poor Law Unions, and to make Provision for the Repayment of Advances made and authorized to be made to Poor Law Unions and other Districts, in Ireland. (17th May 1850.) ABSTRACT OF THE ENACTMENTS. 1. Treasury empowered to issue 300,000l. towards the discharge of debts of distressed unions in Ireland. 2. Treasury to ascertain the liabilities of the several unions and other districts in Ireland where they may think a consolidation desirable. 3. The liabilities of the several districts to be proportionately charged on the town lands comprised therein. 4. Treasury to transmit statements of the annuities to Poor Law Commissioners, who are to issue orders to the guardians of each union. 5. Treasurer of each union to reserve a third part of the lodgments for rates on account of the division for payment of annuities. 6. Rate in aid under 12 & 13 Vict. c. 24. to be paid before annuities under this Act. 7. Treasury may make additions to annuities in respect of advances under this Act and future workhouse loans. 8. Treasury may suspend the recovery of workhouse loans and monies levied by grand jury presentments. 9. Act may be amended, &c. By this ACT, After reciting that under 1 & 2 Vict. c. 56, 5 & 6 Vict. c. 9, 9 & 10 Vict. c. 80, 11 & 12 Vict. c. 51, and 12 & 13 Vict. c. 86, loans have been made by the Public Works Loan Commissioners to or on behalf of many unions in Ireland, for the purposes of building workhouses and the other purposes in relation to workhouses in the first-recited Act mentioned, and other loans may be made for the like purposes under the authority of the same Acts: and that under the authority of 7 Will. 4. & 1 Vict. c. 21. and 9 & 10 Vict. c. 1. certain advances were made by the Commissioners of Public Works in Ireland for the construction of public works, of which advances under the provisions of such Acts a moiety was to be repaid, and was to be raised on the counties at large, or the baronies, half baronies, or other divisions, in which such works had been executed; and that under 9 & 10 Vict. c. 107. considerable sums of money were advanced for the execution of public works in Ireland; and under the provisions of such Act, and of 10 & 11 Vict. c. 87, and of the said Act of 11 & 12 Vict. c. 51, annuities are charged upon several baronies, half baronies, electoral divisions, and other districts in Ireland in respect of moieties of the several sums advanced for the execution of works within the same: And that under the authority of 10 & 11 Vict. c. 7. advances were made by way of loan to several unions and electoral divisions in Ireland, out of the public monies, by the Relief Commissioners, and considerable sums in respect of such advances remain unpaid: and that it is expedient to authorize an advance of public money, to a limited amount, to assist certain distressed poor law unions and electoral divisions in Ireland in the discharge of debts incurred before the passing of this Act: and that it is expedient that the debts due by certain districts in Ireland in respect of the several loans and advances hereinbefore referred to should be consolidated, and that provision should be made for the repayment thereof by annuities for terms suited to the circumstances of such districts respectively: It is Enacted, I. That it shall be lawful for the Commissioners of Her Majesty's Treasury to cause to be issued from time to time, out of the growing produce of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, any sum or sums of money not exceeding in the whole 300,0007., for advances by way of loan to the guardians of the poor of such of the unions in Ireland as the said Commissioners of Her Majesty's Treasury shall think fit; and the sums to be issued under the authority of this Act shall be paid to the Commissioners for administering the laws for the relief of the poor in Ireland, and shall be advanced by such last-mentioned Commissioners to the guardians of such of the unions aforesaid, and paid to such persons, and subject to such conditions in respect of the application thereof for or towards the discharge of all or any of the debts or liabilities of such unions, or of any electoral division of such unions, contracted before the passing of this Act, as the said Commissioners of Her Majesty's Treasury shall think fit; and all sums to be advanced as aforesaid shall carry interest at the rate of 31. per cent. per annum from the respective times of advancing the same, and unless the same shall be repaid by way of annuities as hereinafter mentioned, shall be repaid, with interest as aforesaid, by the treasurers of the unions on behalf of which the same shall have been advanced, out of any monies which may be received by them in respect of rates, at such times and in such manner as the said Commissioners of the Treasury shall direct. II. That where the Commissioners of Her Majesty's Treasury think it expedient that the debts and liabilities of any of the several unions and electoral divisions, counties, baronies, half baronies, counties of cities and counties of towns, and other districts, in Ireland, in respect of the loans and advances of public money made under the Acts herein before recited or any of them, and also in respect of any loans for building workhouses, and of any advances under the authority of this Act which may have been made to or in behalf of any such unions before the time at which such account as hereinafter mentioned in relation to such unions respectively shall be taken, should be consolidated and repaid as herein mentioned, it shall be lawful for such Commissioners to inquire into and cause to be ascertained the whole amount of such debts and liabilities upon an account taken in each case up to such time as they may think fit. III. That it shall be lawful for the Commissioners of Her Majesty's Treasury, after such inquiry as aforesaid, to adjust and affix the proportionate amount which, if this Act had not been passed, would have been borne by each townland or other denomination or place comprised in any such union and electoral division, or in any such county, barony, half barony, county of a city, county of a town, or other district as aforesaid, in respect of all the debts or liabilities (inquired into and ascertained as aforesaid) as well of the union and electoral division as of any such county, barony, half barony, county of a city, county of a town, or other district in which such townland or other denomination or place is comprised, and to cause to be charged on such townland or other denomination or place an annuity which they shall deem equivalent to such proportionate amount; and where it appears to the Commissioners of Her Majesty's Treasury, after such inquiry as aforesaid, that all the townlands or other denominations or places comprised in any electoral division are liable to contribute to the discharge of the same debts and liabilities, they may, if they see fit, instead of causing to be charged a separate annuity on each such townland, denomination, or place, cause to be charged on such electoral division one annuity which they shall deem equivalent to the proportionate amount which should be borne by all such townlands, denominations, or places, in respect of all such debts and liabilities; and every annuity to be charged under this Act shall commence in such year and be payable for such number of years and on such day in every year during the continuance thereof as the said Commissioners of Her Majesty's Treasury shall think fit; and it shall be lawful for the Commissioners of Her Majesty's Treasury, if they so think fit, to direct that any annuity for the time being payable under this Act shall be converted into an annuity payable on such yearly days as aforesaid, but of a longer or shorter duration, which shall appear to them to be of equal value to the portion outstanding of the original annuity; provided that no such original annuity, nor any such annuity made payable after such conversion as last aforesaid, be of longer duration than forty years, computed from the commencement of the original annuity. IV. That when the Commissioners of Her Majesty's Treasury have ascertained the annuities which should be charged on all or any of the electoral divisions, townlands, and other denominations and places, if any, in any union in Ireland, they shall transmit to the Commissioners for administering the laws for the relief of the poor in Ireland a statement shewing all the annuities which should be so charged, and the duration and day of payment thereof respectively; and the said last-mentioned Commissioners shall forthwith on the receipt of such statement issue an order under their seal, addressed to the guardians of such union, setting forth the amount, duration, and day of payment of the annuity to be charged on each electoral division, townland, and other denomination and place, if any, in such union, and directing the guardians of such union to proceed in relation to every such annuity according to the provisions of this Act, and every such annuity shall become so charged according to the tenour of such order; and such guardians shall, in the first rate to be made on the electoral division comprising the townland or other denomination or place charged with any separate annuity, after the yearly day of payment of such annuity in every year so long as such annuity shall remain payable, assess and raise the yearly sum payable in respect of the annuity which under such order as aforesaid is to be charged on such townland or other denomination or place by a rate on the rateable hereditaments comprised in such townland or other denomination or place, in addition to the rate made thereon for the general purposes of the electoral division; and such addition to the rate shall be deemed to be part of the rates made upon and belonging to the electoral division, and shall be collected accordingly, and lodged with the treasurer of the union, to the credit of such electoral division; and where one annuity is charged on an electoral division, such guardians shall provide for payment thereof by additions to the rates from time to time made upon such electoral division. v. That the said Commissioners for administering the laws for the relief of the poor in Ireland shall, upon the receipt of the statement transmitted to them by the Commissioners of Her Majesty's Treasury, transmit to the treasurer of every such union an order under their seal setting forth the amount payable on account of the annuity to be charged on each electoral division, if any, of such union, or as the case may require, the aggregate amount payable on account of the annuities to be charged on all the townlands and other denominations and places, if any, situate in each electoral division of such union, and the yearly day of payment of such respective annuities; and in case the board of guardians shall not sooner pay the same, the said treasurer shall, from all lodgments made with him from time to time of the first or any subsequent rate or rates on account of each such electoral division in the union, after every yearly day of payment of such annuities, reserve one equal third part thereof, and place the same to the credit of the electoral division in an account to be entitled the "Loans Repayment Account," until the aggregate amount which shall become payable from time to time on account of the annuity charged on such electoral division, or, as the case may require, the annuities charged on all the townlands and other denominations and places, if any, in such electoral division, and all arrears, if any, in respect of any previous year or years, shall have been received, and placed to such account as aforesaid; and the treasurer of the union shall pay over from time to time all sums so reserved as aforesaid into the Bank of Ireland, to be there placed to a separate account, in the name of the Paymaster of Civil Services in Ireland, to be entitled the "Loans Repayment Account;" and all sums from time to time paid into such account as last aforesaid shall be carried to and form part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland. VI. Provided and enacted, That where any sum leviable under the provisions of an Act of the last session of Parliament, 12 & 13 Vict. c. 26, intituled 'An Act to make Provision, until the Thirty-first Day of December One thousand eight hundred and fifty, for a General Rate in Aid of certain distressed Unions and Electoral Divisions in Ireland,' on any such electoral division as aforesaid, remains unpaid, the said one-third part of such lodgments as aforesaid with the treasurer of the union in respect of rates on account of such electoral division shall not be applied to any payment in respect of annuities under this Act until the sum leviable under the said Act of the last session of parliament is paid, but after payment of the sum so leviable the one equal third part of all subsequent lodgments in respect of such rates as aforesaid shall be carried to the said "Loans Repayment Account," and applied according to the provisions of this Act, until the aggregate amount of all the sums which may have become due in respect of the said annuities shall be discharged. VII. That in case, after any annuity shall have been charged under the provisions of this Act on any electoral division, townland, or other denomination or place, any loan shall be made for building workhouses, or other purposes in relation to workhouses, under the Acts herein before mentioned, or any advance shall be made under the authority of this Act to the union in which such electoral division, townland, or other denomination or place shall be comprised, it shall be lawful for the Commissioners of Her Majesty's Treasury to make an addition to such annuity proportioned to the share of such loan or advance which should be borne by such electoral division, townland, or other denomination or place; and when such Commissioners shall make such addition as aforesaid, and when they shall think fit to convert any annuity or annuities for the time being charged under this Act into an annuity or annuities of longer or shorter duration, such Commissioners shall transmit a statement of the annuity or annuities increased by such addition as aforesaid, or which should be charged under such conversion upon all or any of the electoral divisions, townlands, or other denominations or places in any union in Ireland, to the said Commissioners for administering the Laws for the Relief of the Poor in Ireland, and the last-mentioned Commissioners shall issue like orders under their seal to the guardians of the union and to the treasurer of the union respectively as herein before directed in respect of the annuities originally charged under this Act, and all the provisions of this Act in relation to the annuities originally charged under this Act, and the rates to be made in respect thereof, and the payment of such annuities, shall apply to the annuities increased by such addition as aforesaid, or to be charged upon such conversion as aforesaid. VIII. That where the Commissioners of Her Majesty's Treasury think fit that any inquiry should be made under this Act in relation to the debts and liabilities of any union, electoral division, county, barony, half barony, county of a city, or county of a town, or other district in Ireland, for the purposes of this Act, it shall be lawful for the said Commissioners to authorize and direct the Public Works Loan Commissioners to forbear to require or enforce payment of any instalment which may become payable from any such union in respect of any loan made by such Public Works Loan Commissioners, as herein before mentioned; and where, in respect of any such debts or liabilities, money is under the Acts herein before recited or any of them to be raised in such county, barony, half barony, county of a city, county of a town, or other district, by grand jury presentment, or under the warrant or warrants of the treasurer of the county, county of a city, or county of a town, or the finance committee, it shall be lawful for the Commissioners of Her Majesty's Treasury, by order directed to the treasurer of the county, county of a city, or county of a town in which or in any district within which such money is to be raised, or, in the case of the county of Dublin, by order addressed to the finance committee of such county, to authorize such grand jury and treasurer or finance committee, as the case may be, to suspend the raising and levying of any monies which should be raised and levied in respect of such debts and liabilities as aforesaid by grand jury presentment at, or by warrant of such treasurer or finance committee after, the Spring Assizes or presenting term of the year 1850, or any subsequent assizes or presenting term; and where any such order shall be so directed by the said Commissioners of Her Majesty's Treasury to such treasurer or finance committee of any county, county of a city, or county of a town, no grand jury presentment shall, after the receipt of such order, be made in relation to the monies in such order mentioned, nor shall such treasurer or finance committee insert in his or their warrant or warrants any such monies, or issue any separate warrant or warrants for the same, whether any presentment shall or shall not have been made in relation thereto; and in case before the passing of this Act, or before the receipt of such order of the Commissioners of Her Majesty's Treasury, any separate warrant of such treasurer or finance committee for any such monies, or any warrant of such treasurer or finance committee including such monies, shall have been issued after the Spring Assizes or presenting term of the year 1850, such treasurer or finance committee shall issue to the respective high constables and collectors of grand jury cess whom it may concern orders, as the case may require, revoking such separate warrant, or directing such high constables or collectors respectively to abate and abstain from collecting such part of the sum for which any warrant may have been so issued as may have been inserted therein in respect of the monies mentioned in the said order of the Commissioners of Her Majesty's Treasury, specifying, as to the respective townlands and districts, the respective amounts of the abatement to be made, and such high constables and collectors shall proceed in accordance with such orders: Provided always, that all instalments of any workhouse loan, and all monies of which the recovery, levying, and raising respectively shall be suspended as aforesaid, and all arrears (if any) in respect of the same debts and liabilities, shall be included in the account to be taken as aforesaid of the debts and liabilities of the county, county of a city, county of a town, barony, half barony, union, electoral division, or other district in which the same would have been levied and raised if this Act had not been passed. IX. That this Act may be amended or repealed by any Act to be passed in the present session of Parliament. VOL. XXVIII.-STAT. D CAP. XV. AN ACT to authorize the Establishment of Courts of Appeal for certain of Her Majesty's West India Colonies. ABSTRACT OF THE ENACTMENTS. (31st May 1850.) 1. Her Majesty may establish a Court of Appeal for any of the islands comprised in the commission of the Governor of Antigua, on due provision being made for the establishment and maintenance of such courts. 2. Her Majesty may establish a Court of Appeal for all or any of the islands comprised in the commission of the Governor of Barbadoes. 3. Jurisdiction of Court may be extended over the islands not originally subject to it. 4. Jurisdiction may be exercised under Acts of colonial legislature by the Courts when sitting beyond the limits of a colony. 5. Jurisdiction may be varied by Acts of colonial legislature. 6. Appeal to Her Majesty in Council. 7. 6 & 7 Will. 4. c. 17. not to be affected. 8. Act may be amended, &c. By this ACT, After reciting that the councils and assemblies of Her Majesty's colonies of Antigua, Saint Christopher, and Dominica are desirous to provide an appeal from the judgments and sentences of certain of the Courts of such islands respectively to a Court to be holden in one of such islands: And that it is expedient that provision be made for the establishment of Courts of Appeal as well for the said islands as for others of Her Majesty's colonies in the West Indies hereinafter mentioned, where the local legislatures may desire the establishment thereof; but effectual provision cannot be made for that purpose without the authority of Parliament: It is Enacted, 1. That in case it appear to Her Majesty that by any Act or Acts already passed or hereafter to be passed by the legislatures of the colonies of Antigua, Saint Christopher, and Dominica, or of the other colonies now comprised in the commission of the Governor of Antigua, or by any of such legislatures, and confirmed by Her Majesty with the advice of her Privy Council, due provision has been made for the establishment and maintenance of such Court of Appeal as hereinafter mentioned, and for defining the jurisdiction of such Court in relation to the colony or colonies for which such Act or Acts may be passed, it shall be lawful for Her Majesty, by any order to be by her made with the advice of her Privy Council, to erect and establish for and in relation to the colony or colonies for which such Act or Acts may be passed a Court of Appeal, to consist of such Judge or Judges and to have such ministerial or other officers thereof as by such Act or Acts may be provided; and such Court shall hold its sittings in such place or places within the said colonies or any of them, and at such times, and shall have such jurisdiction for the hearing and determining of such appeals from judgments, decrees, orders, and rules, and other determinations of all or any of the Courts of such colony or colonies, as by such Act or Acts may be provided. II. That in case it appear to Her Majesty that by any Act or Acts to be passed by the legislatures of the colonies now comprised in the commission of the Governor of Barbadoes, or any of such legislatures, and confirmed by Her Majesty with the advice of her Privy Council, due provision has been made for the establishment and maintenance of such Court of Appeal as hereinafter mentioned, and for defining the jurisdiction of such Court in relation to the colony or colonies for which such Act or Acts may be passed, it shall be lawful for Her Majesty, by any order to be by her made with the advice of her Privy Council, to erect and establish for and in relation to the colony or colonies for which such Act or Acts may be passed a Court of Appeal, to consist of such Judge or Judges and to have such ministerial or other officers thereof as by such Act or Acts may be provided; and such Court shall hold its sittings in such place or places within the said colonies or any of them, and at such times, and shall have such jurisdiction for the hearing and determining of such appeals from judgments, decrees, orders, and rules, and other determinations of all or any of the Courts of such colony or colonies, as by such Act or Acts may be provided. III. That in case, by reason of due provision for the purposes hereinbefore mentioned not having been made by such Acts as aforesaid in relation to all the colonies now comprised in the commission of the Governor of Antigua, or in relation to all the colonies now comprised in the commission of the Governor of Barbadoes, a Court of Appeal shall have been established by such order as aforesaid for some only of the colonies comprised in either of the said governments, and due provision shall be afterwards made by Act or Acts to be passed by the legislature or legislatures of any other or others of the said colonies now comprised in the same commission, and confirmed by Her Majesty as aforesaid, for giving to such Court jurisdiction in relation to such colony or colonies or any of them, and for defining such jurisdiction, and for contributing to the maintenance of such Court, it shall be lawful for Her Majesty, by order made with such advice as aforesaid, to extend the jurisdiction of such Court in relation to the colony or colonies in which such Act or Acts may be passed accordingly. IV. That the jurisdiction and authority expressed to be given to any Court of Appeal to be established under this Act in relation to any of the said colonies by any Act or Acts passed by the legislature of such colony, and confirmed by Her Majesty as aforesaid, and all jurisdiction and authorities given to such Court by any such Order in Council as aforesaid in relation to such colony, in accordance with any such Act or Acts as aforesaid, may, notwithstanding the establishment of such Court, |