"Church" shall mean and include any consecrated Church or Chapel belonging to the United Church of England and Ireland; the Word "Bishop" shall be construed to comprehend Archbishop, and the Word "Diocese" shall be construed to comprehend all Places to which the Jurisdiction of any Bishop extends under and for the Purposes of an Act passed in the Second Year of Her present Majesty, Chapter One hundred and six; the Word "Tithes" shall mean and include all commuted or uncommuted Tithes, Rentcharges in lieu of Tithe, Portions and Parcels of Tithes, and all Moduses, Compositions real and prescriptive, and Customary Payments; the Words "Church Building Acts" shall mean and include all or any of the Acts mentioned in the Preamble of this Act; the Words "Parish or District " " or 66 new Parish or District" shall mean and include any distinct and separate Parish, District Parish, District Chapelry, Consolidated Chapelry, or particular District already or hereafter formed under the Provisions of the Church Building Acts; the Word "Churchwarden" shall mean and include Churchwarden and Chapelwarden; and the Words Body or Person" shall mean and inculde any Body Politic, Corporate, or Collegiate, or any Corporation Aggregate or Sole, as well as One Individual. 66 Act. XXX. This Act shall extend only to that Part of the Extent of this United Kingdom called England and Wales, and to the Isle of Man, and to the Islands of Guernsey, Jersey, Alderney, and Sark. CAP. XCVIII. An Act for confirming certain Provisional Orders of the General Board of Health. [7th August 1851.] WHEREAS the General Board of Health have, in pur suance of the Public Health Act, 1848, made, published, and deposited, according to the Provisions of the Act, certain Provisional Orders mentioned in the Schedule to this Act annexed, and it is expedient that the said Orders should be confirmed:' Be it therefore 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, Provisional General Board of Health. I. That the Provisional Orders of the General Board of Confirming Health referred to in the Schedule to this Act annexed shall be Orders of the and the same are hereby confirmed, so far as they are authorized by the Public Health Act, and shall, from and after the passing of this Act, be absolute, and be as binding and of the like Force and Effect as if the Provisions of the same had been expressly enacted in this Act. Provisional II. Provided always, and be it enacted, That nothing in Order as to this Act or in the Schedule thereto contained shall be construed, Hastings not deemed, and taken to confirm or give effect to any Part of to extend to the Provisional Order made for the Borough of Hastings, so far 3 F 4 as St. Leonard. Number of of Health of First Election of Local Board for Morpeth. First Election for Sherborne. as such Order extends to or includes or purports to affect and embrace the Town of Saint Leonard, or any Part of the District comprised in and under the Jurisdiction of the Commissioners appointed by and acting in the Execution of an Act (Local and Personal) of the Second Year of King William the Fourth, Chapter Forty-five, intituled An Act for better paving, lighting, watching, and otherwise improving the Town of Saint Leonard in the County of Sussex; and, notwithstanding anything in the said Provisional Order contained, the Mayor, Aldermen, and Burgesses of the said Borough shall be, by the Council of the said Borough, the Local Board of Health under the Public Health Act, 1848, for the District of Hastings as defined by this Act, instead of the Local Board of Health named or described in the said Provisional Order. III. And be it enacted, That the Number of Persons to be elected Members of the Local Board of Health for the District of Morpeth under the Provisional Order applying the Public Health Act, 1848, to that District, and this Act, by Owners of and Ratepayers in respect of Property situate within the Parish of Bedlington, being Part of the said District, shall be Six, instead of Three as fixed by the said Provisional Order, and that One Third of such Members shall go out of Office annually, as provided by the said Public Health Act, and that the said Provisional Order shall be altered accordingly. IV. And be it enacted, That the First Election of the Local Board of Health for the Parliamentary Borough of Morpeth, for the Purposes of the said Public Health Act, shall take place on the Seventeenth Day of September in the Year of our Lord One thousand eight hundred and fifty-one. V. And be it enacted. That the First Election of the Local of Local Board Board of Health for the District of Sherborne, for the Purposes of the said Public Health Act, shall take place on the Seventeenth Day of September in the Year of our Lord One thousand eight hundred and fifty-one. First Election of Local Board for Bridgend. First Election of Local Board for Bryn Mawr. First Election of Local Board for Margate. First Election of Local Board for Newmarket. VI. And be it enacted, That the First Election of the Local Board of Health for the District of Bridgend, for the Purposes of the said Public Health Act, shall take place on the Seventeenth Day of September in the Year of our Lord One thousand eight hundred and fifty-one. VII. And be it enacted, That the First Election of the Local Board of Health for the District of Bryn Mawr for the Purposes of the said Public Health Act, shall take place on the Seventeenth Day of September in the Year of our Lord One thousand eight hundred and fifty-one. VIII. And be it enacted, That the First Election of the Local Board of Health for the District of Margate, for the Purposes of the said Public Health Act, shall take place on the Seventeenth Day of September in the Year of our Lord One thousand eight hundred and fifty-one. IX. And be it enacted, That the First Election of the Local Board of Health for the District of Newmarket, for the Pur poses poses of the said Public Health Act, shall take place on the Seventeeth Day of September in the Year of our Lord One thousand eight hundred and fifty-one. for Romford. X. And be it enacted, That the First Election of the Local First Election Board of Health for the District of Romford, for the Purposes of Local Board of the Public Health Act, shall take place on the Seventeenth Day of September in the Year of our Lord One thousand eight hundred and fifty-one. XI. And be it enacted, That the First Election of the Local First Election Board of Health for the Town of West Cowes, for the Purposes of Local Board of the said Public Health Act, shall take place on the Fourth Day of September in the Year of our Lord One thousand eight hundred and fifty-one. under Local Acts of City and County of Bristol who may be re moved. XII. And be it enacted, That every Treasurer, Clerk, Sur- Compensation veyor, and other Officer acting under any Local Act recited to Officers in the Provisional Order for the City and County of Bristol, referred to in the Schedule of this Act, any Part of which is repealed by the said Order, whose Office shall, by reason of the Transfer of the Powers of the Commissioners to the Local Board, be wholly or in part superseded and rendered unnecessary, or who shall at any Time within the Space of Three Years next after the passing of this Act, except for Misconduct, be removed wholly or in part from such Office, and not be employed and retained in an Office of equal Value by the Local Board of Health for the said City and County of Bristol, shall be entitled to have an adequate Compensation for the Profits, Salary, and Emoluments of his Office which he shall cease to hold; the said Compensation to be by way of Annuity or otherwise, and to be assessed by the Commissioners of Her Majesty's Treasury upon the Report of the said Local Board of Health, to be made within Three Months after any such Person shall have been superseded in his Office, founded upon a Declaration made by such Person setting forth the Salary, Profits, and Emoluments derived by him and his Predecessors for every Year during a Period of Five Years next before the Day when he shall have ceased to hold such Office, and such other Evidence as the said Local Board of Health may require as to the Amount, Nature, and Particulars of such Profits; and in assessing the same regard shall be had to the Manner of his Appointment to such Office, and his Term therein; and the said Local Board of Health shall from Time to Time pay to the Person entitled to Compensation, out of any Special or General District Rates, in their Discretion, the Money which shall upon such Report, and any Appeal or Reclamation against the same, be finally awarded by the Commissioners of Her Majesty's Treasury, as the same shall become due and be payable. XIII. And be it enacted, That this Act shall be deemed to be incorporated with the Public Health Act, and shall be as if this Act and the said Public Health Act were One Act. XIV. And Act incorporated with Public Health Short Title of this Act. XIV. And be it enacted, That in citing this Act in any other Act of Parliament, or in any Proceeding, Instrument, or Document whatsoever, it shall be sufficient to use the Words and Figures "The Public Health Supplemental Act, 1851, No. 2." SCHEDULE to which this Bill refers. PROVISIONAL ORDERS of the GENERAL BOARD of HEALTH submitted for the Confirmation of Parliament. Recited Proviso Vict. c. 85. repealed. CAP. XCIX. An Act to amend the Law of Evidence. [7th August 1851.] WHEREAS it is expedient to amend the Law of Evidence in divers Particulars:' Be it therefore 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: I. So much of Section One of the Act of the Sixth and in s. 1. of 6 & 7 Seventh Years of Her present Majesty, Chapter Eighty-five, as provides that the said Act shall "not render competent any "Party to any Suit, Action, or Proceeding individually named "in the Record, or any Lessor of the Plaintiff, or Tenant of "Premises sought to be recovered in Ejectment, or the Land"lord or other Person in whose Right any Defendant in Replevin may make Cognizance, or any Person in whose "immediate and individual Behalf any Action may be brought or defended, either wholly or in part," is hereby repealed. Parties to be admissible Witnesses. 66 66 II. On the Trial of any Issue joined, or of any Matter or Question, or on any Inquiry arising in any Suit, Action, or other Proceeding in any Court of Justice, or before any Person having by Law, or by Consent of Parties, Authority to hear, receive, and examine Evidence, the Parties thereto, and the Persons in whose Behalf any such Suit, Action, or other Pro ceeding ceeding may be brought or defended, shall, except as herein-after excepted, be competent and compellable to give Evidence, either vivâ voce or by Deposition, according to the Practice of the Court, on behalf of either or any of the Parties to the said Suit, Action, or other Proceeding. son charged III. But nothing herein contained shall render any Person Nothing herein who in any criminal Proceeding is charged with the Commis- to compel Persion of any indictable Offence, or any Offence punishable on with Criminal summary Conviction, competent or compellable to give Evidence Offence to give for or against himself or herself, or shall render any Person Evidence tendcompellable to answer any Question tending to criminate him- ing to criminate self or herself, or shall in any criminal Proceeding render any Husband competent or compellable to give Evidence for or against his Wife, or any Wife competent or compellable to give Evidence for or against her Husband himself, &c. consequence of IV. Nothing herein contained shall apply to any Action, Not to apply to Suit, Proceeding, or Bill in any Court of Common Law, or in Proceedings in any Ecclesiastical Court, or in either House of Parliament, Adultery, &c. instituted in consequence of Adultery, or to any Action for Breach of Promise of Marriage Not to repeal 7 W. 4. & V. Nothing herein contained shall repeal any Provision contained in Chapter Twenty-six of the Statute passed in the Session of Parliament holden in the Seventh Year of the Reign of King William the Fourth and the First Year of the Reign of Her present Majesty. VI. Whenever any Action or other legal Proceeding shall Common Law henceforth be pending in any of the Superior Courts of Com- Courts authorized to compel mon Law at Westminster or Dublin, or the Court of Common Inspection of Pleas for the County Palatine of Lancaster, or the Court of Documents Pleas for the County of Durham, such Court and each of the whenever Equity would Judges thereof may respectively, on Application made for such grant Discovery Purpose by either of the Litigants, compel the opposite Party to allow the Party making the Application to inspect all Documents in the Custody or under the Control of such opposite Party relating to such Action or other legal Proceeding, and, if necessary, to take examined Copies of the same, or to procure the same to be duly stamped, in all Cases in which previous to the passing of this Act a Discovery might have been obtained by filing a Bill or by any other Proceeding in a Court of Equity at the Instance of the Party so making Application as aforesaid to the said Court or Judge. Colonial Acts of State, Judgments, &c. without Proof VII. All Proclamations, Treaties, and other Acts of State of Foreign and any Foreign State or of any British Colony, and all Judgments, Decrees, Örders, and other judicial Proceedings of any Court of Justice in any Foreign State or in any British Colony, and provable by all Affidavits, Pleadings, and other legal Documents filed or certified Copies, deposited in any such Court, may be proved in any Court of of Seal or SigJustice, or before any Person having by Law or by Consent of nature, or Parties Authority to hear, receive, and examine Evidence, either judicial Characby examined Copies or by Copies authenticated as herein-after signing the mentioned; that is to say, if the Document sought to be proved same. be ter of Person |