CAP. XXVI. AN ACT to repeal an Act of the Sixth Year of King George the Fourth, for encouraging the Capture or Destruction of Piratical Ships and Vessels; and to make other Provisions in lieu thereof. ABSTRACT OF THE ENACTMENTS. (25th June 1850.) 1. Recited Act repealed. 2. Jurisdiction given to the High Court of Admiralty and all Vice Admiralty Courts. 3. List or return of all cases to be sent to the Lords Commissioners of the Admiralty. 4. Rewards for services against pirates by vessels in the East India Company's service. 5. Property of Her Majesty's subjects found in possession of pirates to be restored on payment of one eighth of value. 6. Persons giving false evidence deemed guilty of perjury. 7. This Act may be amended, &c. By this ACT, After reciting the passing of 6 Geo. 4. c. 49, and that it is expedient that the said Act should be repealed, and that other provisions be made in lieu thereof: It is Enacted, 1. That from and after the 1st of June next after the passing of this Act the hereinbefore recited Act shall be and the same is hereby repealed, but nevertheless not so as to affect or prejudice the application for or the payment of bounty under the said Act, or any of the provisions relating thereto, for any service rendered against pirates on or before the said 1st of June. 11. That whenever any of Her Majesty's ships or vessels of war, or hired armed vessels, or any of the ships or vessels of war of the East India Company, or their boats, or any of the officers and crews thereof, shall, after the said 1st of June, attack or be engaged with any persons alleged to be pirates afloat or ashore, it shall be lawful for the High Court of Admiralty of England, and for all Courts of Vice Admiralty in any dominions of Her Majesty beyond the seas, including those Courts of Vice Admiralty within the territories under the government of the East India Company, to take cognizance of and to determine whether the persons or any of them so attacked or engaged were pirates, and to adjudge what was the total number of pirates so engaged or attacked, specifying the number of pirates captured, and what were the vessels and boats engaged. III. That with a view to the assignment of fitting rewards for services performed by Her Majesty's forces against pirates the registrars of the several Vice Admiralty Courts shall, on the 1st of January and 1st of July in every year, transmit to the said Lords Commissioners of the Admiralty a list or return of all cases which shall have been adjudged in the said courts respectively under this Act during the six months preceding, together with the dates of the seizure, according to the Schedule marked (A.) to this Act annexed; and that the Judges or registrars of the said courts respectively shall, upon the first convenient opportunity after every such decision, transmit the whole of the original evidence, with a statement of the proceedings, to the said Lords Commissioners of the Admiralty, for the purpose of the same being deposited in the High Court of Admiralty of England for re fererce when necessary; and all agents of officers and men receiving any rewards hereinbefore referred to shall be subject to the same laws, rules, and regulations to which agents receiving bounty for the abolition of the slave trade are or may be subject. IV. That with a view to the assignment of fitting rewards by the Court of Directors of the East India Company for services performed by the ships or vessels of the said company against pirates, in all cases wherein any ships or vessels of war belonging to the said company shall be engaged in any operations against pirates, the registrar of the said Vice Admiralty Courts shall, on the days aforesaid, transmit to the said court of directors a similar list or return of all such cases which shall have been adjudicated in the said courts respectively under this Act. v. That all ships, vessels, boats, goods, merchandise, specie, or other property taken possession of from pirates by any of Her Majesty's ships or vessels of war, or hired armed vessels, or the ships or vessels of war of the East India Company, or their boats, or any of the officers and crews thereof, shall and may be proceeded against in any of the Admiralty Courts before mentioned, and be subject and liable to condemnation as droits and perquisites of Her Majesty in her office of Admiralty: Provided always, that if any part of the said property shall be duly proved to have belonged to and to have been taken from any of Her Majesty's subjects, or from the subjects of any foreign power, then such property and every part thereof shall, by the decree of the said Court, be adjudged to be restored, and shall be accordingly restored to the former owner or owners, proprietor or proprietors thereof respectively, he or they paying for or in lieu of salvage a sum of money equal to one-eighth part of the true value, which money, if such property shall have been taken by any of Her Majesty's ships or vessels of war or hired armed ships, or their boats, shall be paid to and divided and distributed amongst the officers and crews thereof, in such manner, form, and proportion, as other bounties are now distributable by virtue of Her Majesty's proclamation or Order in Council dated the 30th of July 1849, or as Her Majesty, her heirs and successors, shall from time to time by any further proclamation or Order or Orders in Council think fit to declare and direct; and which money, if such property shall have been taken by any of the ships or vessels of war of the East India Company, or their boats, shall be paid to and divided and distributed amongst the officers and crews thereof, in such manner, form, and proportion as the Court of Directors of the East India Company shall at any time or from time to time direct; but if such property shall have been a joint capture by any of Her Majesty's ships or vessels of war, or hired armed ships, or their boats, and any of the ships or vessels of war of the said company, or their boats, then such money in lieu of salvage shall be divided and distributed amongst the joint captors in such manner, form, and proportion as the Lord High Admiral of the United Kingdom of Great Britain and Ireland, or the Commissioners for executing the office of Lord High Admiral of the United Kingdom, shall at any time or times order and direct. VI. That every person who shall wilfully and corruptly give false evidence in any examination or deposition had or affidavit taken in any proceeding under this Act shall be deemed guilty of perjury, and being thereof convicted shall be subject and liable to all the punishments, pains, and penalties to which persons convicted of wilful and corrupt perjury are liable; and every such person may be tried for any such perjury either in the place where the offence was committed or in any colony or settlement of Her Majesty near thereto in which there is a Court of competent jurisdiction to try any such offence, or in Her Majesty's Court of Queen's Bench in England; and that in case of any prosecution for such offence in Her Majesty's said Court of Queen's Bench the venue may be laid in the county of Middlesex. VII. That this Act may be amended or repealed by any Act to be passed in this session of Parliament. AN ACT to provide for the Commencement of an Act of the present Session, intituled An Act to repeal an Act of the Sixth Year of King George the Fourth, for encouraging the Capture or Destruction of Piratical Ships and Vessels, and to make other Provisions in lieu thereof. By this ACT, it is Enacted, that (15th July 1850.) I. The 1st of June 1850 shall be substituted in the recited Act for first day of June next after the passing of such Act. 11. Act may be amended, &c. CAP. XXVIII. AN ACT to render more simple and effectual the Titles by which Congregations or Societies for Purposes of Religious Worship or Education in England and Ireland hold Property for such Purposes. (15th July 1850.) ABSTRACT OF THE ENACTMENTS. 1. Property conveyed for religious or educational purposes to vest in successors without conveyance. 2. Providing for payment in lieu of fines on death or alienation of property of copyhold or customary tenure. 4. Act extended to Ireland. 5. Act may be amended, &c. By this ACT, After reciting 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 England, Wales, or Ireland may hold the property required for such purposes:— It is Enacted, 1. That wherever freehold, leasehold, copyhold, or customary property in England or Wales has been or hereafter shall be acquired by any congregation or society or body of persons associated for religious purposes or for the promotion of education, as a chapel, meeting-house, or other place of religious worship, or as a dwelling-house for the minister of such congregation, with offices, garden, and glebe, or land in the nature of glebe, for his use, or as a school-house, with schoolmaster's house, garden, and playground, or as a college, academy, or seminary, with or without grounds for air, exercise, or recreation, or as a hall or rooms for the meeting or transaction of the business of such congregation or society or body of persons, and wherever the conveyance, assignment, or other assurance of such property has been or may be taken to or in favour of a trustee or trustees to be from time to time appointed, or of any party or parties named in such conveyance, assignment, or other assurance, or subject to any trust for the congregation or society or body of persons, or of the individuals composing the same, such conveyance, assignment, or other assurance shall not only vest the freehold, leasehold, copyhold, or customary property thereby conveyed or otherwise assured in the party or parties named therein, but shall also effectually vest such freehold, leasehold, copyhold, or customary property in their successors in office for the time being and the old continuing trustees, if any, jointly, or if there be no old continuing trustees, then in such successors for the time being wholly, chosen and appointed in the manner provided or referred to in or by such conveyance, assignment, or other assurance, or in any separate deed or instrument declaring the trust thereof, or if no mode of appointment be therein set forth, prescribed, or referred to, or if the power of appointment be lapsed, then in such manner as shall be agreed upon by such congregation or society or body of persons, upon such and the like trusts, and with, under, and subject to the same powers and provisions, as are contained or referred to in such conveyance, assignment, or other assurance, or in any such separate deed or instrument, or upon which such property is held, and that without any transfer, assignment, conveyance, or other assurance whatsoever, anything in such conveyance, assignment, or other assurance, or in any such separate deed or instrument, contained to the contrary notwithstanding: Provided always, that in case of any appointment of a new trustee or trustees of or the conveyance of the legal estate in any such property being made as heretofore was by law required, the same shall be as valid and effectual to all intents and purposes as if this Act had not been passed. II. That where such property shall be of copyhold or customary tenure, and liable to the payment of any fine, with or without a heriot, on the death or alienation of the tenant or tenants thereof, it shall be lawful for the lord or lady of the manor of which such property shall be holden, on the next appointment of a new trustee or trustees thereof, and at the expiration of every period of forty years thereafter, so long as such property shall belong to or be held in trust for such congregation or society or body of persons or other party or parties to whom such property may have been or shall be conveyed for their benefit, to receive and take a sum corresponding to the fine and heriot, if any, which would have been payable by law upon the death or alienation of the tenant or tenants thereof; and such payments shall be in full of all fines payable to the lord or lady of the manor of which such property is holden, while the same shall remain the property or be held in trust for such congregation or society or body of persons; and the lord or lady of such manor shall have all such powers for the recovery of such sums as such lord or lady could have had in the event of the tenant or tenants of such property having died or having alienated the same. III. That for the purpose of preserving evidence of every such choice and appointment of a new trustee or new trustees, and of the person and persons in whom such charitable estates and property shall so from time to time become legally vested, every such choice and appointment of a new trustee or new trustees shall be made to appear by some deed under the hand and seal of the chairman for the time being of the meeting at which such choice and appointment shall be made, and shall be executed in the presence of such meeting, and attested by two or more credible witnesses, which deed may be in the form or to the like effect of the Schedule to this Act annexed, or as near thereto as circumstances will allow, and may be given and shall be received as evidence in all courts and proceedings in the same manner and on the like proof as deeds under seal, and shall be evidence of the truth of the several matters and things therein contained. IV. That the provisions of this Act shall extend to that part of the United Kingdom called Ireland. v. That this Act may be amended or repealed by any Act to be passed in the present session of Parliament, except so far as the contrary shall be made to appear. SCHEDULE to which this Act refers. MEMORANDUM of the Choice and Appointment of new Trustees of the [describe the Chapel, School, or other Buildings and Property] situate in the Parish [or Township] of in the County [Riding, Division, City, at a Meeting duly convened and held for that Purpose [in the Vestry of the said Chapel] on the [25th] Day of [April 1850], A. B. of Chairman. or Place] of Names and Descriptions of all the Trustees on the Constitution or last Appointment of Trustees made the Names and Descriptions of all the Trustees in whom the said [Chapel] and Premises now becomes legally vested. First.-Old continuing Trustees : John Jackson, now of Matthew Norman, now of Octavius Parker, now of 1. Recited provisions not to extend to judgments, decrees, &c. entered or made after passing of this Act. 2. Existing judgments, &c. not to affect land purchased after passing of this Act. 3. Judgments, &c. already registered to be re-registered within five years after passing of this Act. 4. All judgments, &c. registered or re-registered after the passing of this Act to be re-registered every five years. 5. Lis pendens not to affect purchasers, &c. unless registered within five years before execution of conveyance, &c. 6. Creditors under judgments, decrees, &c. entered up or made after passing of Act may file affidavit of ownership of lands, and register same in office for registering deeds, and creditors under judgments, decrees, &c. entered up or made before passing of Act may file and register a like affidavit in respect of lands purchased after passing of Act. 7. Registration of affidavit to have the effect of a mortgage. 8. Voluntary conveyances after judgment entered up void as against the creditor. Not to affect provisions as to fraudulent con veyances. 9. Registrar of deeds, upon lodgment of certificate of satisfaction of judgment, &c., to enter memorandum thereof upon entries of affidavit. 10. Act not to affect execution by fieri facias. 11. Rights of judgment creditor in administration of assets preserved. 12. 3&4 Vict. c. 105. s. 22. not to extend to interests created by securities for money. 13. Act may be amended, &c. By this ACT, After reciting that by 5 & 6 Will. 4. c. 55. it was enacted, that it should be lawful for any person entitled to sue out or who had already sued out a writ of elegit upon any judgment recovered in any of His Majesty's Courts at Dublin, or to issue or who had issued execution in any suit or proceeding on any recognizance there, to apply by petition to the Court of Chancery, or to the Court of Exchequer at the equity side thereof, for an order that a receiver might be appointed of the rents and profits of the entire, and not of a moiety only, of all lands, tenements, or hereditaments which he would be entitled to have extended or appraised under a writ of elegit, or extended, seized, or taken under a writ of levari facias, or other proceeding on such recognizance, or to have a receiver thereof appointed by that Court extended to that matter, and it should be lawful for the Court to appoint or extend a receiver accordingly over the whole thereof, or over so much thereof as should appear to it sufficient for the purposes of paying the sum due on such judgment or recognizance: And that by 3 & 4 Vict. c. 105. it was enacted, that it should be lawful for the sheriff or other officer to whom any writ of elegit, or any precept in pursuance thereof, should be directed at the suit of any person, upon any judgment which at the time appointed for the commencement of that Act should have been recovered or should be thereafter recovered in any action in any of Her Majesty's superior courts at Dublin, to make and deliver execution unto the party in that behalf suing of all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments which might be of copyhold tenure, as the person against whom execution was so sued, or any person in trust for him, should have been seised or possessed of at the time of entering up the said judgment or at any time afterwards, or over which such person should at the time of entering up such judgment or at any time afterwards have any disposing power which he might without the assent of any other person exercise for his own benefit, in like manner as the sheriff or other officer might then make and deliver execution of one moiety of the lands and tenements of any person against whom a writ of elegit was sued out; and it was enacted, that it should be lawful for any person entitled to sue out or who had already sued out a writ of elegit upon any judgment recovered in any of Her Majesty's Courts at Dublin, or to issue or who had issued execution in any suit or proceeding on any recognizance there, to apply by petition to the Court of Chancery, or to the Court of Exchequer at the equity side thereof, for an order that a receiver might be appointed over any lands, tenements, rectories, tithes, annuities, rents, or hereditaments by that Act made liable to be seized, extended, appraised, or taken in execution on any such judgment, or to order that any receiver appointed before the passing of that Act over the property of any judgment debtor might be extended to the matter of such new petition, and that in proceeding under the said Act, 5 & 6 Will. 4. c. 55, and the Act now in recital, the said Court of Chancery and Court of Exchequer at the equity side thereof should have power to appoint or extend a receiver in a summary way, on a petition at the instance of such person, over any property of such judgment debtor which such creditor would or could make available for the payment of his judgment debt by filing (after a writ of execution had been issued and returned at law upon such judgment) a bill in a court of equity, or by any writ of execution at law, or (subject to the proviso thereinafter contained) by petition under the provisions of the Act now in recital, and it should be lawful for the said Courts respectively to appoint or extend a receiver accordingly over the whole thereof, or over so much thereof as should appear to be sufficient for the purposes of paying the sum due on such judgment or recognizance; and it was enacted, that a judgment already entered up or to be thereafter entered up against any person in any of Her Majesty's superior courts at Dublin should operate as a charge upon all lands, tenements, rectories, advowsons, tithes, rents, and hereditaments, including lands and hereditaments of copyhold tenure, of or to which such person should at the time of entering up such judgment or at any time afterwards be seised, possessed, or entitled for any estate or interest whatever, at law or in equity, whether in possession, reversion, remainder, or expectancy, or over which such person should at the time of entering up such judgment or at any time afterwards have any disposing power which he might without the assent of any other person exercise for his own benefit, and should be binding as against the person against whom judgment should be so entered up, and against all persons claiming under him after such judgment, and should also be binding as against the issue of his body, and all other persons whom he might without the assent of any other person cut off and debar from any remainder, reversion, or other interest in or out of any of the said lands, tenements, rectories, advowsons, tithes, rents, and hereditaments, and that every judgment creditor should have such and the same remedies in a court of equity against the hereditaments so charged by virtue of that Act or any part thereof as he would be entitled to in case the person against whom such judgment should have been so entered up had power to charge the same hereditaments, and had by writing under his hand agreed to charge the same, with the amount of such judgment debt and interest thereon, subject to the provisoes in such Act contained; and by the lastly recited Act the effect of judg ments in the superior courts of common law was given to certain decrees, orders, and rules for payment of monies, costs, charges, and expenses: And the passing of 7 & 8 Vict. c. 90, 11 & 12 Vict. c. 120, and 12 & 13 Vict. c. 95: And that an Act was passed in the last session of Parliament, "to amend the Law concerning Judgments in Ireland": And that it is expedient further to amend such law: It is Enacted, 1. That the provisions hereinbefore recited of the said Acts, 5 & 6 Will. 4. c. 55. and 3 & 4 Vict. c. 105, shall not in anywise extend or be applicable to any judgment entered up in any of Her Majesty's superior courts at Dublin, or obtained in any inferior court of record, after the passing of this Act, nor to any decree, order, or rule made after the passing of this Act, and no writ of elegit or writ of execution (save as hereinafter mentioned) shall issue or be sued upon any such judgment, decree, order, or rule against any lands, tenements, or hereditaments, or any estate or interest therein, nor shall any lands, tenements, or hereditaments, or any estate or interest therein, be charged or affected by any such judgment, decree, order, or rule, save as provided by this Act. II. That where any legal or equitable estate or interest or any disposing power in or over any lands, tenements, or hereditaments shall, under any conveyance, lease, deed, or instrument executed after the passing of this Act, become vested in any person as a purchaser for valuable consideration, such lands, tenements, or hereditaments shall not be taken in execution under any writ of elegit or other writ of execution (save as hereinafter mentioned) to be sued upon any judgment which before the passing of this Act has been entered up in any of Her Majesty's superior courts at Dublin, or obtained in any inferior court of record, against such person, or any decree, order, or rule which has been made before the passing of this |