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'said Colony hath been from the first Issue of the said Colonial Revenue Securities, and still is, insufficient to pay the Interest thereon or on any Part thereof;' be it therefore enacted, That it shall and may be lawful for the said Commissioners, by any Order or Orders signed by them or any Two of them, to direct their Treasurer or Treasurers to apply so much of the Monies received or to be received as and for the Proceeds of the Sales of Public Lands in the said Province as may be necessary in Payment and Discharge of all or any Part of the Principal due and owing, and of the Interest accrued and to accrue, upon the Colonial Revenue Securities issued or to be issued by them, and so from Time to Time: Provided always, that in case the said Commissioners shall hereafter issue any of the South Australian Public Land Securities in the said Act mentioned, then and in such Case it shall not be lawful for the said Commissioners to issue any such Order as herein-before mentioned till such South Australian Public Land Securities have been paid off and discharged: Provided also, that the Sums so paid in pursuance of any such Order shall constitute a Colonial Debt owing by the said Province to the said Commissioners as in the said Act mentioned.

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VI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Act may be present Session of Parliament.

6

CA P. LXI.

An Act to amend an Act for enabling Persons to make Deposits of Stock or Exchequer Bills in
lieu of giving Security by Bond to the Postmaster General and Commissioners of Land
Revenue, Customs, Excise, Stamps, and Taxes.
[31st July 1838.]

WHEREAS by an Act passed in the Sixth and Seventh Years of the Reign of His late Majesty King

altered.

William the Fourth, intituled An Act to enable Persons to make Deposits of Stock or Exchequer 6 & 7W.4.c.28. 'Bills in lieu of giving Security by Bond to the Postmaster General and Commissioners of Land Revenue, Customs, Excise, Stamps, and Taxes, it is enacted, that it shall be lawful for any Person or Persons or for any Bodies Corporate from whom any such Security is required, and who may be desirous of adopting the Provisions of that Act in lieu of giving the same by Bond, by and with the Consent of the Commissioners of His then Majesty's Treasury, or any Three or more of them, to transfer into the Name of the Postmaster General, or of the Chief Commissioner of His said Majesty's Woods, Forests, Land Revenues, Works, and Buildings, or of the Chairman for the Time being of the Commissioners of that Department of the Revenue in respect of which such Security is required, in the Books of the Governor and Company of the Bank of England, so much of any Public Stock standing in the said Books in the Name or Names of such Person or Persons or Bodies Corporate, or to deposit in the Bank of England in the Name of the said Postmaster General or Chief Commissioner, or of such Chairman, such an Amount ' of Exchequer Bills as shall be, in the Judgment of the said Commissioners of His said Majesty's Treasury, or any Three or more of them, a sufficient Security and Indemnification against all Contraventions of the Duty or Purpose for the due Performance of which such Security was required: And whereas it is further enacted, that when any Stock shall be transferred or any Deposit of Exchequer Bills shall be made in pursuance of that Act, the said Stock shall be transferred into, and the said Exchequer Bills shall be deposited in, the Name of His said Majesty's Postmaster General, the said Chief Commissioner, or the Chairman of the Board of Customs, Excise, or Stamps and Taxes, as the Case may be; and the Account into which such Stock shall be transferred, or in which such Deposit shall be made, shall be so headed in the Books of the Governor and Company of the Bank of England: And whereas it is by the said Act further enacted, that the Dividends upon all such Stock so transferred, and the Interest upon all Exchequer Bills so deposited, shall be paid to the Receivers General of the respective Revenues therein mentioned, and the Receipts of such Receivers General shall be a sufficient Discharge for the same; and the Dividends upon all Stock so transferred, and the Interest upon all such Exchequer Bills, shall be paid to the respective Parties transferring such Stock or depositing such Exchequer Bills by the respec'tive Receivers General, upon the Production of an Order for that Purpose from the Postmaster General, or such Chief Commissioner, or the Commissioners of the respective Revenues, or any Two of them, 'with whom such Deposits have respectively been made: And whereas Delays and Inconveniences may 'sometimes arise to the Person or Persons or Bodies Corporate who may have made such Transfers or 'Deposits as aforesaid by reason of the Absence or Illness of the said Receivers General: For Remedy whereof 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, That any Public Stock standing in the said Books of the Governor and Stock, &c. deCompany of the Bank of England in the Name of the said Postmaster General, or of the said Chief Com- posited as Secumissioner, or of the said Chairman for the Time being, and any Exchequer Bills so deposited as aforesaid, transferred into rity may be and any Stock or Exchequer Bills which shall at any Time hereafter be required to be transferred or joint Names of deposited by way of Security in pursuance of the said Act or this Act, may be transferred in the said the public OffiBooks into or deposited in the Name of such Postmaster General, or of such Chief Commissioner, or of cer and Deposisuch Chairman for the Time being, and into and in that of any Person or Persons or Body Corporate from tor, who may rewhom such Security has been or may be required, or into the Name of any Person appointed by him or them; and that the Dividends upon all Stock so transferred, and the Interest upon all Exchequer Bills so deposited, may be received by such Person or Persons in whose Name such Stock may be standing or in whose Name such Exchequer Bills may be deposited jointly as aforesaid, or by any other Person or Persons duly authorized by Letter of Attorney executed by such Person or Persons or Body Corporate; 1 & 2 VICT. 5 P and

ɔeive Dividends.

Stock, &c. may

be sold on Cer

Officer.

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and that so much of the said Act herein-before recited as enacts that such Dividends and Interest upon such Exchequer Bills shall be paid to such Receivers General shall be and the same is hereby repealed. II. And whereas by the said Act it is enacted, that it shall be lawful for the said Postmaster General, upon the Certificate of the Accountant General of the Post Office, and for such Chief Commissioner, tificate of public and for such Chairman as aforesaid, upon the Certificate of any Two or more of the Commissioners of such Department of the Revenue that the Revenue has been damnified by any Act done or any Payment or Duty omitted in contravention of the Duty or Purpose for the due Performance of which such Security was required as therein-before mentioned, and they and each of them are thereby ' required to sell so much of such Stock or of such Exchequer Bills as shall be necessary to make good any Loss so occasioned, and to pay the Proceeds thereof to the Receiver General of that Depart'ment of Revenue in respect of which such Loss has been sustained;' be it enacted, That nothing herein contained shall extend to prevent or restrain the Sale of any Stock or Exchequer Bills so transferred as aforesaid upon such Certificate as is herein lastly above recited; but every such Certificate shall specify the Names in which the Stock or Exchequer Bills intended to be sold is standing or deposited; and upon the Production of any such Certificate the Governor and Company of the Bank of England shall permit the Postmaster General, such Chief Commissioner, or Chairman, as the Case may be, to sell, assign, or transfer Stock, or shall deliver to such Postmaster General, Chief Commissioner, or Chairman, Exchequer Bills to the Amount in such Certificate specified from the Account therein mentioned, notwithstanding such Stock or such Exchequer Bills shall have stood in the said Books in the Names of such Postmaster General, Chief Commissioner, or Chairman, and some other Person or some Body Corporate jointly.

Provisions of

this Act to ex

tend to Parties

giving Bonds for the due Dis

charge of their

III. And whereas it is expedient to extend the Provision of the said Act so as to enable all Parties recited Act and whatsoever who in respect of their Offices are required to give Security by Bond for the proper and 'faithful Discharge of the Duties of their several Offices to make Deposit of Stock or Exchequer Bills in lieu of giving such Security by Bond;' be it therefore enacted, That all or any of the Provisions of the said Act and of this Act shall be and they are hereby extended to all Persons who are or shall be required to give Bond for the proper and faithful Discharge of the Duties of any public Office under the Crown, and it shall be lawful to and for the Lord High Treasurer or the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland for the Time being, or any Three or more of them, by Warrant under their Hands to the Governor and Company of the Bank of England or the Governor and Company of the Bank of Ireland, as the Case may be, to appoint the Officer or Officers in whose Name or Names such Stock or Exchequer Bills shall be deposited, and to make such Regulations as may be necessary for extending the Provisions of the said recited Act and of this Act to such other Cases as are hereby authorized.

Duties in Offices under the Crown, &c.

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11 Ann. (I.)

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11 G. 4. &

1 W. 4. c. 65.

CA P. LXII.

An Act to enable Masters of the Court] of Chancery in Ireland, upon Application to that
Court by Petition, to execute Renewals of Leases for Lives containing Covenants for Renewal
in the Names of Persons bound by such Covenants to execute the same, and being out of the
Jurisdiction of the Court; and to extend such Powers to Cases of Terms for Years, whether
absolutely or dependent upon Lives.
[31st July 1838.]

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WHEREAS by an Act passed in the Parliament of Ireland in the Eleventh Year of the Reign of Queen Anne, intituled An Act to enable Guardians and others to renew Leases for Lives, it was amongst other things enacted, that where any Person or Persons, who by Covenant or Agreement were obliged to make Renewal of Leases for Lives of Lands, Tenements, or Hereditaments in the Kingdom of Ireland, were or should be disabled to renew by reason of being beyond the Seas, it should and might be lawful to and for the Lord Chancellor or Commissioner or Commissioners of the Great Seal of that Kingdom for the Time being, upon Petition or Complaint made to him or them in the High 'Court of Chancery, upon Payment of the Fine and such other Sum or Sums of Money as ought to be paid upon such Renewal, for the Use of the Person or Persons entitled to the same, and upon the 'Lessee or Lessees doing and performing all and every such Matters and Things as by the said Covenants or Agreements in the said Lease or Leases ought to be done or performed by him or them previous to such Renewal, to order or appoint such Renewal or Renewals to be made by One of the Masters of the said Court of Chancery, to be nominated and appointed by the said Lord Chancellor or Commis'sioner or Commissioners of the Great Seal for the Time being, such Master so nominated and appointed to 'make and execute such Deed of Renewal in the Name of the Person who ought to have renewed the same; such Deed or Deeds of Renewal so made and executed by the said Master or Masters, Counterparts thereof being duly perfected by the Lessee or Lessees, for the Use and Benefit of the Person or Persons having the Reversion and Inheritance of such Lands, Tenements, or Hereditaments comprised ' in such Deed or Deeds, to be as good and effectual in Law or Equity to all Intents and Purposes, as if 'the Person or Persons under such Disability had not been so disabled, and had executed the same: And whereas by an Act past in the First Year of the Reign of His late Majesty King William the the Fourth, intituled An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes Covert, Idiots, Lunatics, and Persons of unsound Mind, after reciting the said last' mentioned Act, and that it was expedient that the Provisions thereof which had been so long in force 'in Ireland should remain unaltered, it was enacted that the Clauses and Provisions contained in the

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⚫ said

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Masters of the

Court of Chan

'said therein-recited Act should be and continue in force in the same Manner, to all Intents and Purposes, as if the said Clauses and Provisions and every Part thereof had been repeated and re-enacted in the said Act; and that none of the other Provisions in the said Act contained for authorizing any Surrenders to be accepted, or any new Lease to be made or executed, for or on behalf of any Person who in pursuance of any Covenant or Agreement for Renewal in any Lease contained or to be contained 'ought to make such new Lease or Leases, should extend or be construed to extend to Lands in Ireland: And whereas by an Act passed in the Fifth and Sixth Years of His late Majesty King William the Fourth, intituled An Act to extend to Ireland certain Provisions of an Act made and passed in the First 5&6 W.4. c.17. "Year of His late Majesty's Reign, intituled “An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes Covert, Lunatics, and Persons of unsound Mind," the said ' recited Act of the Eleventh Year of the Reign of Queen Anne, and so much of the said Act of the First Year of the Reign of His said late Majesty as re-enacted the Provisions in the said last-mentioned "Act contained were thereby repealed, and the Powers given by the same, in respect to Persons being beyond the Seas, were not continued or extended: And whereas it is expedient that the Powers given by the said recited Acts of the Eleventh Year of the Reign of Queen Anne and of the First Year of the Reign of King William the Fourth to the Court of Chancery in Ireland should be continued to the 'said Court in the Case of Persons not within its Jurisdiction, or not amenable to its Process, and should ' be extended to Renewals of Leases for Terms of Years or Years dependent upon Lives: 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, That where any Person, who in pursuance of any Covenant or Agreement in Writing might, if within the Jurisdiction and amenable to the Process of the Court of Chancery in Ireland, be compelled to execute a Renewal of any Lease made or to be made, for the Life or Lives of One or more Person or Persons, or for any Term or Number of Years absolutely or determinable on the Death of One or more Person or Persons, shall not be within the Jurisdiction of or not amenable to the Process of of Leases for the said Court, it shall be lawful to and for the said Court of Chancery, by an Order to be made Years or Lives. upon the Petition of any Person or any of the Persons entitled to such Renewal (whether such Person be or be not under any Disability), upon Payment of the Fine, and such other Sum or Sums of Money as ought to be paid upon such Renewal, for the Use of the Person or Persons entitled to the same, and upon the Lessee or Lessees doing and performing all and every such Matters and Things as by the said Covenants or Agreements in the said Lease or Leases ought to be done or performed by him or them previous to such Renewal, to order or appoint such Renewal or Renewals to be made by one of the Masters of the said Court of Chancery, to be nominated by the said Court for such Purpose; and such Master so nominated shall make and execute such Deed of Renewal in the Name of the Person or Persons who ought to have renewed the same, which Deed or Deeds of Renewal so made and executed by the said Master or Masters, Counterparts thereof being duly perfected by the Lessee or Lessees, for the Use and Benefit of the Person or Persons having the Reversion and Inheritance of such Lands, Tenements, or Hereditaments comprised in such Deed or Deeds, shall be as good and effectual in Law and Equity, to all Intents and Purposes, as if the Person in whose Name the same shall be made had executed the same; but in every such Case it shall be in the Discretion of the said Court of Chancery in Ireland, if under the Circumstances it shall seem requisite, to direct a Bill to be filed to establish the Right of the Party seeking the Renewal, and not to make the Order for such new Lease or Renewal, unless by the Decree to be made in such Cause, or until after such Decree shall have been made.

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CA P. LXIII.

An Act to amend the Acts relating to the Police of the District of the Dublin Metropolis.
[4th August 1838.]

empowered to

cery in Ireland

grant Renewals

WHEREAS by an Act passed in the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, intituled An Act for improving the Police in the District of Dublin 6 & 7 W.4.c.29. • Metropolis, it is among other things enacted, that the Receiver to be appointed as therein mentioned should, out of the Monies to be received by him from Time to Time, pay all Salaries and Allowances payable to the Divisional Justices and other Persons under an Act therein recited of the Forty-eighth Year of the Reign of His late Majesty King George the Third, or any Act passed for the Amendment thereof, which should not cease or determine pursuant to the Provisions or by the Operation of the 'said Act of the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth: And whereas divers Officers and other Persons appointed under the said Act of the Forty-eighth Year of the Reign of King George the Third, whose Offices ceased and determined pursuant to the Provisions or by the Operation of the said Act of the Sixth and Seventh Years of the Reign of His late Majesty, would, under the Provisions of the said Act of the Forty-eighth Year of the Reign of King George the Third, have been entitled to apply to the Lord Lieutenant or other Chief Governor or 'Governors of Ireland for certain Superannuation Allowances, and might have received Grants thereof; but it is doubtful whether, according to the Directions of the said Act of the Sixth and Seventh Years of the Reign of King William the Fourth, the Receiver appointed under that Act can pay the same out of the Monies received and receivable by him; and it is just that such Doubt should be removed :' 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 5 P 2 Authority

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Pensions or Allowances to be paid to Persons although their Offices

may have determined.

For assimilating
Superannuation

Allowances granted to Justices, &c. of

Dublin District

to those under the Constabulary Acts.

Authority of the same, That it shall and may be lawful to and for the Receiver appointed under the said recited Act of the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth from Time to Time to pay to any Person or Persons having been appointed under or concerned in the Execution of the said recited Act of the Forty-eighth Year of the Reign of King George the Fourth, or any Act for the Amendment of the same, any Pension or Superannuation Allowance which, under the Provisions of those Acts, or any of them, may have been or may be granted to any such Person or Persons, although the Offices of such Person or Persons may have ceased or determined pursuant to the Provisions or by the Operation of the said Act of the Sixth and Seventh Years of the Reign of King William the Fourth; such Payments to commence and be made from the Determination of such Offices, any thing in the said last-mentioned Act to the contrary notwithstanding.

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II. And whereas it is desirable that the Rates of Pension or Superannuation Allowance grantable to Justices, Constables, and others acting in the District of Dublin Metropolis should be assimilated to the 'Scale of those payable to the Inspectors, Magistrates, Constables, and other Persons employed under the Acts relating to the general Constabulary Force of Ireland;' be it therefore enacted, That from and after the passing of this Act it shall and may be lawful to and for the Lord Lieutenant or other Chief Governor or Governors of Ireland to grant to any Divisional or other Justices, Receiver, Clerks, Constables, or other Persons appointed or to be appointed under the said Act of the Forty-eighth Year of the Reign of King George the Third, or any Act for the Amendment thereof, or under the said Act of the Sixth and Seventh Years of the Reign of King William the Fourth, or any Act for the Amendment thereof, upon his Retirement or Superannuation from such Office, such yearly Allowance, Remuneration, Superannuation, or Gratuity, and upon such Conditions, and not exceeding such Proportions as to Age, Length of Service, and other Circumstances as are mentioned and provided for in and by another Act of the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, 6 & 7 W.4.c.13. intituled An Act to consolidate the Laws relating to the Constabulary Force in Ireland, in respect of the Persons appointed under that Act, the same to be payable by the said Receiver appointed under the said Act relating to the Police of the District of Dublin Metropolis; and provided also, that in calculating the Period for which any such Person has served, the Time he may have served under any or by virtue of any such recited Acts, or in any Office concerned in the Execution thereof, may be reckoned.

Signature of One Justice sufficient, &c.

7 W. 4. &

1 Vict. c. 25.

6 & 7 W.4. c.29.

Jurisdiction

shall attend to

III. And be it enacted, That in all Matters relating to the Collection and levying of any Rate or Assessment made or to be made under an Act passed in the last Session of Parliament, intituled An Act to make more effectual Provision relating to the Police in the District of Dublin Metropolis, the Signature of One of the Justices appointed or to be appointed under the said Act of the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, intituled An Act for improving the Police in the District of Dublin Metropolis, any Notice, Summons, or other Document requiring the Signature of the said Justices, shall be as valid and effectual to all Intents and Purposes as if the same were signed by both the said Justices; any thing in the said herein recited Acts, or any of them, or in any other Statute to the contrary notwithstanding.

IV. And be it further enacted, That all Penalties imposed by or recoverable under or which shall have under 37 G. 3. been incurred under or by virtue of an Act passed in the Parliament of Ireland in the Thirty-seventh (I.) extended to Year of the Reign of His late Majesty King George the Third, intituled An Act for amending and all Divisional Justices who reducing into one Act of Parliament the Laws relating to Hackney and other Carriages plying in the City of Dublin and within Seven Miles thereof, shall and may be proceeded for, prosecuted, enforced, and hear Complaints recovered by or before any of the Divisional Justices of the Police District of Dublin Metropolis; and under that Act, every or any of such Divisional Justices shall and may, from and after the passing of this Act, have and at Times and exercise all such Rights, Powers, Privileges, Jurisdictions, and Authorities in relation to any Offence or Places to be specified by the Offences prohibited by a Penalty or Penalties imposed by or recoverable under or which shall have been incurred under or by virtue of said last-mentioned Act as are or may be had or exercised by the Divisional Justices of the Division in which the Castle of Dublin is or shall be situate; and every or any One or more of the Divisional Justices of the Police District of Dublin Metropolis shall, when thereunto required by the Justices appointed under the Provisions of said Act passed in the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, attend at such Place or Places within the District of Dublin Metropolis and at such Time or Times as shall be specified by any Writing under the Hands of the said Justices so appointed under the Provisions of the said last-mentioned Act, for the Purpose of hearing and determining Complaints in relation to any such Offences or Penalties as aforesaid.

Justices ap

pointed under

6 & 7 W.4. c. 29.

CA P. LXIV.

6 & 7 W.4. c.71. s. 71.

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An Act to facilitate the Merger of Tithes in Land.

[4th August 1838.]

Weign of His late Majesty King William the Fourth, intituled An Act for the Commutation of

HEREAS by an Act passed in a Session of Parliament of the Sixth and Seventh Years of the

Tithes in England and Wales, it was (amongst other things) provided that it should be lawful for any Person seised in possession of an Estate in Fee Simple or Fee Tail of any Tithes, or Rent-charge in lieu of Tithes, by any Deed or Declaration under his Hand and Seal, to be made in such Form as the Tithe Commissioners for England and Wales should approve, and to be confirmed under their Seal, to ' release, assign, or otherwise dispose of the same so that the same might be absolutely merged and extinguished

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any

'guished in the Freehold and Inheritance of the Lands on which the same should have been charged: And whereas it is expedient that the aforesaid Provision should be extended in manner herein-after ' mentioned:' 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, That from and after the passing of this Act it shall be lawful for Person or Persons who shall, either alone or together, be seised of or have the Power of acquiring or disposing of the Fee Simple in possession of any Tithes, or Rent-charge in lieu of Tithes, by any Deed or Declaration under his or their Hand and Seal or Hands and Seals, to be made in such Form as the Tithe Commissioners for England and Wales shall approve, and to be confirmed under their Seal, to convey, appoint, or otherwise dispose of the same, so that the same may be absolutely merged and extin guished in the Freehold and Inheritance of the Lands out of or on which the same shall have been issuing or charged; and every such Deed or Declaration as aforesaid shall be valid and effectual for the Purpose aforesaid, although the same may not be executed or made in the Manner or with the Formalities or Requisites which if this Act had not been passed would have been essential to the Validity of any Instrument by which such Person or Persons could have acquired or disposed of the Fee Simple in possession of such Tithes, or Rent-charge in lieu of Tithes.,

Persons having the Power of Appointment over Tithes may

merge them in

the Land.

II. And be it enacted, That no Deed or Declaration authorized by this Act for the merging of Tithes Deeds exempt shall be chargeable with any Stamp Duty. from Duty. III. And be it enacted, That in all Cases where Tithes, or Rent-charge in lieu of Tithes, and the Lands Where Tithes out of which the same are payable, are both settled to the same Uses, it shall be lawful for any Person and the Lands in possession of an Estate for Life in both such Lands and Tithes, or Rent-charge in lieu of Tithes, by any charged thereDeed or Declaration under his Hand and Seal, to be made in such Form as the said Commissioners shall with are settled approve, and to be confirmed under their Seal, to release, assign, or otherwise dispose of such Tithes or the Tenant for Rent-charge, so that the same may be absolutely merged and extinguished in the Freehold and Inheritance Life may cause of the Lands out of which such Tithes shall have been issuing or on which such Rent-charge shall have them to merge been charged.

to same Uses,

in the Land.

Lands.

IV. And whereas Doubts have been entertained whether, according to the true Construction of the Tithes may be 'said Act, any Tithes, or Rent-charge in lieu of Tithe, can be merged in Lands of Copyhold Tenure, and merged in it is expedient that such Doubts should be removed;' be it therefore declared and enacted, That the Copyhold Provisions in the said Act and this Act contained as to the Merger of any Tithe, or Rent-charge in lieu of Tithe, shall be deemed and taken to extend to all Lands, being Copyhold of Inheritance or Copyhold for Lives, or of any other Tenure whatsoever.

V. And be it enacted, That in the Construction and for the Purposes of this Act the several Words Meaning of "Person," "Lands," and "Tithes" shall respectively mean and include whomsoever and whatsoever the Words, &c. same Words would have meant and included if the Enactment herein-before made had been contained in the said recited Act instead of this Act.

Limits of Act.

VI. And be it enacted, That this Act shall extend only to England and Wales. VII. And be it further enacted, That this Act may be amended, altered, or repealed by any Act or Act may be Acts to be passed in this present Session of Parliament.

CA P. LXV.

An Act for relieving the Commissioners and others acting in the Execution of divers Local
Improvement Acts from certain Penalties and Disabilities.
[4th August 1838.]

WHEREAS under the Provisions of various Acts from Time to Time passed for paving, lighting,

altered.

watching, supplying with Water, and otherwise improving the Streets, Lanes, and other public 'Passages and Places within divers Towns in England, the Commissioners appointed to carry such Acts into execution, and the Officers appointed and retained by them, are disqualified and rendered incapable of acting or of being employed, and are respectively liable to Penalties for being concerned or interested in any Contract for the Supply of Gas or Water made in pursuance of such Acts respectively, or for acting during such Disqualification, or for otherwise acting in any Matter in which they shall be personally interested: And whereas certain Persons have so acted, and have thereby rendered themselves liable to Penalties and Disabilities, and it is expedient to afford them Relief:' 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, That Suits already from and after the passing of this Act it shall be lawful for any such Commissioner or Officer as aforesaid commenced for against whom any original Writ, Suit, Action, Bill, Plaint, or Information shall have been sued out, pecuniary commenced, or prosecuted, on or before the Day of the passing of this Act, for the Recovery of any such curred under pecuniary Penalty or Penalties as aforesaid incurred under any or either of the Acts herein-before referred any Local Acts to, by reason of his or their being concerned in or holding or having any Share of or Interest in any Gas to be disconLight Company, to apply to the Court in which such original Writ, Suit, Action, Bill, Plaint, or Infor- tinued on Apmation shall have been sued out, commenced, or prosecuted, if such Court shall be sitting, or if such plication to the Court or to a Court shall not be sitting to any Judge of either of the Superior Courts at Westminster, for an Order Judge, upon that such Writ, Suit, Action, Bill, Plaint, or Information shall be discontinued, upon Payment of the Costs, Charges, and Expences thereof incurred to the Time of such Application being made, such Costs, Charges, and Expences to be taxed according to the Practice of such Court; and every such Court or Judge is hereby authorized and required, upon such Application and Proof that sufficient Notice has been

Penalties in

Payment of
Costs.

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