Majesty, her heirs or successors, or to his or their deputy, who shall by and out of any monies in his or their hands applicable for the use of Her Majesty, her heirs or successors, pay and discharge the same. Act, 1850, estates of 10. THE Trustee Act, 1850, shall extend to a trustee or trustees of the Extension of private estates of Her Majesty, her heirs or successors, situate or arising in the Trustee any part of Her Majesty's dominions, except Scotland, and to any trustee or to the private trustees of any personal estate of Her Majesty, her heirs or successors; and any the Sovepetition or other proceeding for obtaining the benefit of that Act for or on reign (except in Scotland), behalf of Her Majesty, her heirs or successors, shall be by and in the name and to the or names of any person or persons authorized in that behalf by Her Majesty, personal estate her heirs or successors, by any instrument in writing under the Sign reign. Manual. of the Sove in Scotland. 11. ALL suits and actions, either real or personal, respecting the private Legal proceedestates of Her Majesty, her heirs and successors, in Scotland, and which may respecting ings, &c. not be vested in a trustee or trustees, may be sued, in Scotland, on behalf of private estates Her Majesty, her heirs and successors, by and in the name or names of any person or persons to be from time to time for that purpose appointed by Her Majesty, her heirs or successors, by any writing under the Sign Manual; every such appointment to continue only during the pleasure of Her Majesty, her heirs and successors; and all suits and actions in Scotland respecting such private estates at the instance of other parties may be sued and carried on by summons or process directed against such person or persons; and Her Majesty, her heirs or successors, shall at all times be entitled to require any trustee or trustees who may be vested in or possessed of any of the private estates of Her Majesty, her heirs and successors, in Scotland, to convey and dispone the same to Her Majesty, her heirs or successors, or to any new trustee or trustees to be named or appointed by Her Majesty, her heirs or successors, by writing under the Sign Manual; and in the event of the failure, delay, or inability of any such trustee or trustees so to convey or dispone the same, or in the event of the said trustee or trustees having died, it shall be competent for any person or persons authorized in that behalf by Her Majesty, her heirs or successors, by writing under the Sign Manual, to apply by petition to the Court of Session to declare that the trust conveyance subsists for the benefit of Her Majesty, her heirs and successors, and that Her Majesty, her heirs and successors, are entitled to have the same transferred, and further to adjudge such private estates in Scotland which shall be specified and described in the petition from such trustee or trustees, or his or their heirs or heir, and to decern and declare the same to belong to Her Majesty, her heirs or successors, or to such new trustee or trustees as may be so named and appointed, as the case may be; and the Court of Session shall pronounce decreet in terms of the prayer of such petition; and such decreet shall be held to be and shall have the effect of a valid conveyance and disposition in due and usual form of such private estates as shall be specified and described in the decreet in favour of Her Majesty, her heirs and successors, or of such trustee or trustees, as the case may be; and it shall be competent to register such decreet in the general or particular register of sasines in terms of and to the effect authorized by the 21 & 22 Vict. "Titles to Lands (Scotland) Act, 1858," and the "Titles to Lands (Scotland) c. 76. "Act, 1860." 23 & 24 Vict. c. 143. Saving of the rights and remedies of the Sovereign. Short title. 12. PROVIDED that nothing in this Act contained shall take away or interfere with any right or remedy by any law or statute competent to Her Majesty, her heirs or successors, in regard to the private estates of Her Majesty, her heirs or successors, or in regard to any trusts of such estates, or against any trustee or trustees, his or their heirs, executors, administrators, and assigns. 13. THIS Act may be cited for all purposes as "The Crown Private Estates Act, 1862." CHAPTER 38. 24 Geo. 2. c. 40. s. 12. Recited enact ment repealed in part. AN ACT to amend the Laws relating to the Sale of Spirits. [17th July 1862.] WHEREAS by the twelfth section of an Act passed in the twenty-fourth year of the reign of King George the Second, chapter forty, intituled "An Act for granting to His Majesty an additional duty upon spirituous liquors, and upon licences for retailing the same, and for repealing the Act "of the twentieth year of His present Majesty's reign, intituled 'An Act for "granting a duty to His Majesty to be paid by distillers upon licences to be "taken out by them for retailing spirituous liquors,' and for the more "effectually restraining the retailing of distilled spirituous liquors, and for allowing a drawback upon the exportation of British-made spirits, and "that the parish of St. Mary-le-Bon in the county of Middlesex shall be "under the inspection of the head office of Excise," it is amongst other things enacted, that no person or persons whatsoever shall be entitled unto, or maintain any cause, action, or suit for, or recover, either in law or equity, any sum or sums of money, debt, or demands whatsoever for or on account of any spirituous liquors, unless such debt shall have really been and bonâ fide contracted at one time to the amount of twenty shillings or upwards, nor shall any particular article or item in any account or demand for distilled spirituous liquors be allowed or maintained where the liquors delivered at one time, and mentioned in such article or item, shall not amount to the full value of twenty shillings at the least: And whereas it is expedient that the said recited enactment should be repealed so far as is 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 so much of the said enactment as is herein-before recited shall be and the same is hereby repealed, so far only as relates to spirituous liquors sold to be consumed elsewhere than on the premises where sold, and delivered at the residence of the purchaser thereof in quantities not less at any one time than a reputed quart. CHAPTER 42. AN Act to regulate the Procedure in the High Court of Chancery and the Court of Chancery of the County Palatine of Lancaster. [17th July 1862.] WHEREAS the High Court of Chancery has power in certain cases to refuse or postpone the application of remedies within its jurisdiction, until questions of law and fact on which the title to such remedies depends have been determined or ascertained in one of Her Majesty's Courts of Common Law: And whereas it is expedient that the said power should no longer exist, and that in all such cases every question of law and of fact, cognizable in a court of common law, arising in the said Court of Chancery, on which the right of any party to any equitable relief or remedy depends, and whether the title to such relief or remedy be or be not incident to or dependent upon a legal right, should be determined by or before the said Court itself: And whereas the procedure of the Court of Chancery of the County Palatine of Lancaster has been assimilated to the procedure of the said High Court in the matters aforesaid; and it is expedient that the future procedure of the said Courts should also be alike: 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. In all cases in which any relief or remedy within the jurisdiction of the said Courts of Chancery respectively is or shall be sought in any cause or matter instituted or pending in either of the said Courts, and whether the title to such relief or remedy be or be not incident to or dependent upon a legal right, every question of law or fact, cognizable in a court of common law, on the determination of which the title to such relief or remedy depends, shall be determined by or before the same Court. Where questions of fact may be more conveniently tried at assizes, &c. issues may 2. PROVIDED always, that whenever it shall appear to either of such Courts that any question of fact may be more conveniently tried by a jury at the assizes, or at any sitting in London or Middlesex for the trial of issues in the Superior Courts of Common Law, it shall be lawful for such Court, notwithstanding anything in this Act contained, to direct an issue to try any question be directed. of fact at the assizes to be held in and for any county where the same may be conveniently tried, or at any such sitting for the trial of issues in London or Middlesex as aforesaid; and (subject to such general orders, if any, as may hereafter be made in relation thereto,) the practice hitherto existing in such Court in reference to the trial of issues shall prevail in reference to the trial of any issues directed under this proviso. c. 27. 3. ALL the provisions with reference to the trial of questions of fact by or Provisions of before the High Court of Chancery, and by or before the Court of Chancery 21 & 22 Vict. of the said County Palatine, which are contained in "The Chancery Amend- to apply to "ment Act, 1858," shall apply to the determination of questions of fact by or under this Act. proceedings before the said Courts respectively under this Act. 4. PROVIDED also, that in all cases in which the object of any suit in equity shall be to recover or to defend the possession of land under a legal title, or under a title which would have been legal but for the existence of some outstanding term, lease, or mortgage (and whether mesne profits or damages shall or shall not also be sought in such suit), such relief only shall be given in equity as would have been proper according to the rules and practice of the Court if this Act had not passed; and nothing in this Act shall make it necessary for a court of equity to grant relief in any suit concerning any matter as to which a court of common law has concurrent jurisdiction, if it shall appear to the court that such matter has been improperly brought into Proviso as to object of suit is to recover or defend posses cases where sion of land under a legal Chancery judges may sit with assist ance of a com mon law judge. Commencement of Act. Short title. equity, and that the same ought to have been left to the sole determination of a court of common law. 5. NOTHING in this Act contained shall alter or affect the power of the judges of the High Court of Chancery to sit with the assistance of a judge of any of Her Majesty's Courts of Common Law. 6. THIS Act shall commence and take effect from and after the first day of November one thousand eight hundred and sixty-two, and may be cited or referred to as "The Chancery Regulation Act, 1862." CHAPTER 43. Power to guardians to send poor children to schools. Poor Law the school. AN ACT to provide for the Education and Maintenance of Pauper Children in WHEREAS it is expedient that facilities should be given to guardians of the poor to provide education and maintenance for poor children in certain cases where they are not empowered to do so by the laws now in force: 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: 1. THAT the guardians of any parish or union may send any poor child to any school certified as herein-after mentioned, and supported wholly or partially by voluntary subscriptions, the managers of which shall be willing to receive such child, and may pay out of the funds in their possession the expenses incurred in the maintenance, clothing, and education of such child therein during the time such child shall remain at such school (not exceeding the total sum which would have been charged for the maintenance of such child if relieved in the workhouse during the same period), and in the conveyance of such child to and from the same, and, in the case of death, the expenses of his or her burial. 2. THE Poor Law Board may, if they think fit, upon the application in Board to certify writing of the managers of any such school as aforesaid, appoint such person as they shall deem proper to examine into the condition of the school, and to report to the said Board thereon; and, if satisfied with such report, that Board may, by writing under the hand of one of their secretaries, certify that such school is fitted for the reception of such children or persons as may be sent there by the guardians in pursuance of this Act; and it shall be lawful for the said Board, if at any time they shall be dissatisfied with the condition or management of such school, by notice addressed to the managers, and signed as aforesaid, to declare that the certificate is withdrawn from and after a day to be specified therein, not less than two months after the date thereof. Poor Law order children 3. IF the Poor Law Board shall be of opinion that any person is aggrieved by any child being so sent or kept at such school as aforesaid, the Board may to be removed order any such child to be removed, and the guardians shall forthwith cause such child to be removed from the school; and every engagement previously entered into for the payment of the charges of such child shall thereupon cease, and become void for the future. from schools. School to be open to inspection. 4. EVERY School wherein any such child shall be received shall be open to the visitation and inspection of any inspector appointed by the Poor Law. Board; and he shall be empowered to make any examination into the state and management of the same which he shall deem requisite, and the condition and treatment of the said children therein, and shall make his report thereon to the said Board; and the guardians by whom any child may have been sent to any such school as aforesaid may from time to time appoint any one of their body to visit and inspect such school, and such school shall at all reasonable times be open to such visitation or inspection. 5. THE guardians may at any time, at their discretion, and shall, upon the requisition of the managers of the school, or upon the withdrawal of the certificate as herein provided, cause any such child to be removed from any such school, and brought back to their parish or union. 6. No child shall be sent to such school unless he or she be an orphan, or deserted by his or her parents or surviving parent, or be one whose parents or surviving parent shall consent to the sending of such child to the said school. 7. NOTHING herein contained shall enable the guardians to keep any child in any school against the will of such child, if above the age of fourteen, or of the parents or surviving parent of such child, whatever be the age of the child. Guardians to bring back child to parish or union. Description of children to be sent to schools. Continuance in school not to be compulsory. expenses how to be borne. 8. THE expenses incurred by the guardians in respect of any child under Charge of this Act shall be charged to the same fund and in the same manner as the relief otherwise supplied to such child would be charged. 9. No child shall be sent under this Act to any school which is conducted on the principles of a religious denomination to which such child does not belong. Child not to be schools. sent to certain 10. THE several words used in this Act shall be construed as in the Act of Interpretation the fourth and fifth years of William the Fourth, chapter seventy-six ; and the of terms. word "school" shall extend to any institution established for the instruction of blind, deaf, dumb, lame, deformed, or idiotic persons, but shall not apply to any certified reformatory school. 11. THIS Act shall not extend to Scotland or Ireland. Extent of Act. CHAPTER 44. AN ACT to amend the Law relating to the giving of Aid to discharged Prisoners. [17th July 1862.] WHEREAS by the thirty-ninth section of an Act passed in the session 8. 39. holden in the fourth year of King George the Fourth, chapter sixtyfour, intituled “An Act for consolidating and amending the laws relating to 4 Geo. 4. c. 64. "the building, repairing, and regulating of certain gaols and houses of correc“tion in England and Wales," and herein-after referred to as "the Gaol Act," it is provided that it should be lawful for any one or more of the visiting justices of any prison to which that Act extended, from whence any prisoner should be discharged, to direct that such moderate sum of money should be given and paid to any and every such prisoner so discharged who should not have the means of returning to his or her family or place of settlement, or resorting to any place of employment or honest occupation, as in the judgment of such justice or justices should be requisite and necessary for such purpose |