Oldalképek
PDF
ePub

shall consist of such Number of Members, not being less than Nine, as the Governor shall by Proclamation appoint.

3. The herein-before recited Act passed by the said General Assembly, and all Acts, Matters, or Things done under and in pursuance of Authority created or given or expressed to be created or given by the same Act, shall be, and shall be deemed to have been from the passing or doing thereof, as valid and effectual for all Purposes whatever as such Acts, Matters, or Things might or would have been if at the Time of the passing of the same Act by the said General Assembly this Act of Parliament had been in force.

Recited Act of
General As-
Vict. to be
valid.

sembly 21 & 22

4. The Provisions of the Two herein-before recited Acts of 15 & 16 Vict. Parliament as altered by this Act shall apply to all Provinces c. 72. and 20 & 21 Vict. at any Time existing in New Zealand, in like Manner and c. 53. to apply under the same Conditions as the same apply to the Provinces to new Proestablished by the herein-before first-recited Act of Parlia- vinces.

ment.

CAP. XXXI.

[ocr errors]

An Act for the Prevention and Punishment of Offences
committed by Her Majesty's Subjects within certain
Territories adjacent to the Colony of Sierra Leone.
[11th July 1861.]

WH
WHEREAS the Inhabitants of the Territories adjacent
to the Colony of Sierra Leone, extending to the Rio
"Grande or Bulola to the North of the Colony, to the River
Gallinas to the South of the Colony, and for Five hundred
Miles to the East of the Colony, being in an uncivilized
'State, Offences against the Persons and Property of such
Inhabitants and others are frequently committed by Her
Majesty's Subjects within such Territories with Impunity :'
For Remedy thereof, be it enacted by the Queen'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, as
follows:

for Punishment

cent Terri

1. The Laws which are now or which shall hereafter be in Laws in force force in the Colony of Sierra Leone for the Punishment of at Sierra Leone Crimes therein committed shall be and the same are hereby of Crimes exextended and declared applicable to all Her Majesty's Subjects tended to within any Territory adjacent to the said Colony, and being British Subwithin the Limits as aforesaid; and every Crime or Offence jects in adjacommitted by any of Her Majesty's Subjects within any such tories. Territory in contravention of any such Laws shall be cognizable in any such Courts, and shall be inquired of, tried, and prosecuted, and on Conviction punished, in such and the same Manner as if the same had been committed within the said Colony.

[merged small][ocr errors]

2. And

Governors may address Commissions to

Persons to act as Magistrates in such Ter. ritories,

Powers of such
Magistrates.

Commissions

to be in force only during

Pleasure.

6

2. And whereas it is necessary to prevent as far as may be the Commission of Crimes by Her Majesty's Subjects within ' such Territories as aforesaid, and to provide for the Arrest, • Commitment, and bringing to Punishment of any of Her Majesty's Subjects by whom any such Crimes may be per'petrated:' Be it therefore enacted, That it shall be lawful for the Governors of the said Colony to address to any One or more of Her Majesty's Subjects, being within or about to resort to any such Territories as aforesaid, One or more Commission or Commissions authorizing him or them to exercise within such Territories the Office of a Magistrate for the Purpose of preventing the Perpetration therein by any of Her Majesty's Subjects of any Crimes or Offences, and for the Purpose of arresting, committing to Custody, and bringing to Trial before such Courts as aforesaid, any of Her Majesty's Subjects charged on sufficient Evidence before him or them with the Commission of any such Crimes or Offences within any such Territories; and it shall also be lawful to the Governor of the said Colony, by any such Commission or Commissions as aforesaid, to define with all practicable and convenient Precision the local Limits within which the Jurisdiction of any such Magistrate or Magistrates shall be so exercised, and to which it shall so extend; and within the Limits so to be defined as aforesaid every such Magistrate shall have, exercise, and enjoy all such Powers and Authorities over and in reference to Her Majesty's Subjects inhabiting or being within the same as shall by any such Commission or Commissions be specially granted: Provided always, that no such Powers or Authorities shall be so granted by any such Commission or Commissions, save only such as shall be necessary for accomplishing the Purposes aforesaid with Promptitude and Effect.

3. All such Commissions as aforesaid shall be made to continue in force only during Her Majesty's Pleasure, and the Her Majesty's Governor for the Time being of the said Colony shall be and he is hereby bound and required to transmit a Copy of every such Commission by the earliest Opportunity to Her Majesty, through One of Her Majesty's Principal Secretaries of State, for Her Approbation or Disallowance.

Act not to extend constructively to Her

minions.

Who to be deemed the Governor.

4. Nothing herein or in any such Commission or Commissions contained shall extend or be construed to extend to invest Her Majesty, Her Heirs or Successors, with any Claim or Title whatsoever to Dominion or Sovereignty over any such Territories as aforesaid, or to derogate from the Rights of the Tribes or People inhabiting such Territories, or of Chiefs or Rulers, to such Sovereignty or Dominion.

5. For the Purposes of this Act, any Person lawfully administering the Government of the said Colony shall be deemed and taken to be the Governor thereof.

[ocr errors]

6

CAP. XXXII.

An Act for confirming a Scheme of the Charity Commissioners for "The Hospital of the Blessed Trinity," at Guildford in the County of Surrey, and its subsidiary Endowments, with certain Alterations.

[11th July 1861.] WHEREAS the Charity Commissioners for England and 8th Report, Wales, in their Report to Her Majesty of their Pro- dated 26th February 1861. ceedings during the Year One thousand eight hundred and sixty, have reported that they have provisionally approved and certified, among other Schemes for the Application and Management of Charities, a Scheme for "The Hospital of the • Blessed Trinity" at Guildford in the County of Surrey, and its subsidiary Endowments, and such Scheme is set out in the Appendix to their said Report: And whereas it is expedient that the said Scheme, as the same is set out in the Schedule to this Act, should be confirmed: Be it enacted by the Queen'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, as follows:

1. The said Scheme shall be confirmed and take effect.

SCHEDULE.

SCHEME for the Application and Management of the CHARITY
called "THE HOSPITAL of the BLESSED TRINITY" at
GUILDFORD in the COUNTY of SURREY, and its subsidiary
Endowments.

1. The existing incorporation of the Master, Brethren, and Sisters of the Hospital of the Holy Trinity in Guildford, by that or any other name, shall be dissolved.

The Charity shall be under the management of thirteen Governors, to be called "The Governors of Trinity Hospital at Guildford," and to consist of nine official Governors, viz. :The Mayor of Guildford;

The Rector of the parishes of Holy Trinity and Saint Mary
in Guildford;

The Rector of the parish of Saint Nicholas in Guildford;
The Rector of Stoke-next-Guildford;

The Master of the Grammar School in Guildford respec-
tively for the time being; and

The two senior Aldermen and two senior Town Councillors of Guildford respectively for the time being, who shall respectively be members of the Church of England; and of four non-official Governors, being fit and proper persons, resident in the town of Guildford, or within the distance of seven miles therefrom, who shall be appointed in the first instance by the Board of Charity Commissioners for England

and

Scheme in Schedule confirmed.

and Wales, with the concurrence of the Archbishop of Canterbury, within three months next after the establishment of this Scheme.

2. The office of a non-official Governor shall be vacated by his resignation, or bankruptcy or insolvency, or his ceasing to reside within the limit aforesaid, or his refusal or incapacity to act, or omission for a period of two consecutive years to attend any meeting of the Governors; and as soon as conveniently may be after the occurrence of any vacancy among the non-official Governors from any of the causes aforesaid, or by the death of any such Governor, the remaining Governors for the time being shall select some fit person resident within the limit aforesaid to fill such vacancy, so as to keep up the full number of four non-official Governors: provided that every such election shall be forthwith notified by the Governors to the Charity Commissioners for England and Wales, and to the Archbishop of Canterbury; and the appointment of the new Governor shall not be complete until the same shall have been approved by the said Commissioners and the Archbishop; and provided also, that during any vacancy among the Governors the remaining Governors shall be competent to exercise all the authorities hereby vested in the Governors for the time being.

3. All the real estate, of whatsoever tenure, and rights and privileges, belonging to or held in trust for the Charity (subject to the subsisting leases thereof, and the full benefit of all subsisting covenants, conditions, and securities made or reserved to the master and brethren of the said hospital, or to any person or persons in trust for them, or for the benefit of the Charity), and all the personal estate belonging thereto, and the right to sue for and recover all choses in action recoverable for the benefit thereof, shall be immediately vested in the said Governors hereby appointed, and shall from time to time vest and continue vested in the Governors of the said hospital for the time being, for the purposes and according to the provisions of this scheme, without any conveyance, assignment, or assurance; and the right to sue upon and enforce all covenants, conditions, or securities made or reserved to the said master and brethren before their dissolution, or to or with any preceding Governors of the said Charity, shall be exerciseable by them, in the name of the Governors of the said hospital for the time being, as fully and effectually as the same right might be exercised by such master and brethren if not dissolved, or by such preceding Governors, if still retaining their office; and in the same manner all contracts and liabilities of the said master and brethren, or of any preceding Governors for the time being of the said Charity, may be enforced against the Governors thereof for the time being, to the extent of the property or assets of the Charity, but not against their private estates.

4. The sum of 2,9097. 17s., part of the sum of 3,9047. 15s. 6d., new 3 per cent. annuities, now standing in the names of the Master and Brethren of the Hospital of the Blessed Trinity

in

in Guildford, and all or any other sums of stock belonging to or held in trust for the benefit of the said hospital or the inmates thereof, including the sum of 2,000l. 37. per cent. consolidated annuities arising from Molineux's Gift, and now standing in the names of Benjamin Kingston Finnimore, Charles Edward Mangles, Edmund Nicholls, and Joseph Weale, shall be transferred into the name of the Official Trustees of Charitable Funds in trust for the said hospital, and shall constitute part of the general endowment of the hospital.

The sum of 9947. 18s. 6d., the remaining part of the said sum of 3,9041. 15s. 6d. new 31. per cent. annuities, shall be transferred into the name of the Official Trustees aforesaid, in trust for Archbishop Abbot's School in Guildford.

5. The real estate and hereditaments constituting the joint endowment of the said hospital and the aforesaid Archbishop Abbot's School (two thirds of the rents whereof are payable to the hospital, and the remaining one third to the Trustees of the said school,) shall be divided in those proportions between the said hospital and school by a valuer to be appointed for the purpose by the said Board, who shall be at liberty to assign to such valuer such remuneration as to them shall seem fit, to be paid in the like proportions out of the funds of the hospital and school respectively, and on the execution by such valuer of his award or instrument of partition the respective shares of the hospital and the school in such estate and hereditaments shall vest in the said Governors and Trustees respectively, to be held by them in severalty for the purposes of the respective Charities.

6. The Governors shall, as soon as conveniently may be after the establishment of this scheme, subject to the approval of the said Board, make suitable regulations for the conduct and management of all matters connected with the administration of the Charity and its property, and may from time to time, with the like approval, vary such regulations; and all such regulations shall be binding upon all persons interested; provided that no regulation be so made which is at variance with any of the provisions of this scheme.

7. The Governors shall, out of the annual income of the Charity, pay the yearly sum of 17. 10s. to the rector of the aforesaid parish of Holy Trinity in Guildford, and defray or provide for the expense of repairing and keeping insured the hospital and other buildings belonging to the Charity, and the necessary current outgoings and expenses of managing the said Charity.

8. The establishment of the hospital shall in future consist of a master and twenty brethren and sisters.

The master shall be a single person of good character, not less than 50 years old at the time of his appointment, and a native of Guildford, or resident there for a period of at least 20 years.

The

« ElőzőTovább »