ÆäÀÌÁö À̹ÌÁö
PDF
ePub

person or persons whomsoever, every such person or persons so forging or counterfeiting, or causing or procuring to be forged or counterfeited, or willingly acting or assisting in the forging or counterfeiting, or altering, uttering, or publishing as aforesaid, being convicted thereof in due form of law, shall be adjudged guilty of felony.

15. No fee, reward, or gratuity whatsoever shall be demanded or taken of any of Her Majesty's subjects for receiving any such certificate or duplicate certificate, or for paying interest or dividend, or for any transfer of any sum to be made in 'pursuance of this Act, upon pain that any officer or person offending by taking or demanding any such fee or reward or gratuity shall for every such offence forfeit the sum of twenty pounds to the party aggrieved, with full costs of suit, to be recovered by action of debt, bill, plaint, or information in any of Her Majesty's Courts of Record at Westminster or Dublin respectively.

[blocks in formation]

CHAPTER 11.

AN ACT to explain an Act, intituled "An Act for the better Government of "Her Majesty's Australian Colonies."

[11th April 1862.]

WHEREAS by an Act passed in the session of Parliament holden in the 13 & 14 Vict. thirteenth and fourteenth years of Her Majesty, intituled "An Act for c. 59. s. 32. "the better government of Her Majesty's Australian colonies," it was enacted, that it should be lawful for the Governors and Legislative Councils of the colonies of New South Wales, Victoria, Van Diemen's Land, and South Australia respectively, by any Act or Acts to establish in the said colonies respectively, instead of the legislative council, a council and house of representatives or other separate legislative houses, to consist respectively of such members to be appointed or elected respectively by such persons and in such manner as by such Act or Acts should be determined, and to vest in such council and house of representatives or other legislative houses the powers and functions of the legislative council for which the same might be substituted; provided always, that every Bill which should be passed by the council in any of the said colonies for any of such purposes should be reserved for the signification of Her Majesty's pleasure thereon, and that a copy of such Bill should be laid before both Houses of Parliament for the space of thirty days at the least before Her Majesty's pleasure thereupon should be signified: And whereas Acts have been passed for the above purposes in each of the said colonies as well by the said first-mentioned legislative councils as by the councils and houses of representatives or other separate legislative houses established instead of such legislative councils: And whereas doubts have been entertained whether some Acts so passed may not be invalid by reason that the same were not reserved for the signification of Her Majesty's pleasure, or laid before both Houses of Parliament, as herein-before mentioned: And whereas provision is made in some of the said Acts passed in the said colonies respectively for subsequent changes in the constitution or mode of election or appointment of the several bodies composing the colonial legislature, subject to provisions requiring that any Acts or Act for that purpose should be

Acts passed by certain legislaand assented to by Governors,

tive councils,

shall be

deemed valid.

The term

reserved for the signification of Her Majesty's pleasure thereon; and under such powers certain Acts have been passed by the said colonial legislatures, or some of them, as to the validity of which doubts have arisen by reason that the same were not reserved for the signification of Her Majesty's pleasure thereon: 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:

1. EVERY Act passed for the purposes mentioned in the said first-recited Act, or any of them, by the legislative council of any of the said colonies, and assented to in Her Majesty's name by the Governor of such colony, shall be deemed to be and to have been from the date of such assent as valid and effectual for all purposes whatever as if the same Act had been reserved for the signification of Her Majesty's pleasure, and as if the same had been duly laid before both Houses of Parliament, and as if Her Majesty's assent had been duly given to the same, and signified in the colony at the date aforesaid.

2. AND be it further declared and enacted, the term council in the aboverecited proviso of the said first-recited Act shall be deemed to apply only to such legislative the legislative councils herein-before first mentioned.

"council" to apply only to

councils.

Acts passed for altering con

stitution of

legislative bodies, so

assented to, shall be

3. AND be it further enacted, that every Act passed by any colonial legislature established under any such Acts or Act as aforesaid, for altering the constitution or mode of election or appointment of any or either of the legislative bodies composing such legislature, which may have been at any time heretofore assented to in Her Majesty's name by the Governor of the deemed valid. colony in which the same shall have been passed, shall be deemed to be and to have been from the date of such assent as valid and effectual for all purposes whatever as if the same Act had been reserved for the signification of Her Majesty's pleasure thereon, and as if Her Majesty's assent had been duly given to the same, and signified in the colony at the date last aforesaid.

18 & 19 Vict. c. 90.

CHAPTER 14.

AN ACT to extend to the Isle of Man the Provisions of the Act Eighteenth
and Nineteenth Victoria, Chapter Ninety, as to the Payment of Costs to
and by the Crown.
[16th May 1862.]

WHEREAS by the first and second sections of an Act passed in the

session of Parliament held in the eighteenth and nineteenth years of the reign of Her present Majesty, chapter ninety, it was enacted, that in all informations, actions, suits, and other legal proceedings to be thereafter instituted before any court or tribunal whatever in the United Kingdom of Great Britain and Ireland, by or on behalf of the Crown, against any corporation or person or persons, in respect of any lands, tenements, or hereditaments, or of any goods or chattels belonging or accruing to the Crown, the proceeds whereof, or the rents or profits of which said lands, tenements, or hereditaments, by any Act then in force or thereafter to be passed, were to be carried to the Consolidated Fund of Great Britain and Ireland, or in respect

of any sum or sums of money due and owing to Her Majesty by virtue of any vote of Parliament for the service of the Crown, or of any Act of Parliament relating to the public revenue, Her Majesty's Attorney General, or in Scotland the Lord Advocate, should be entitled to recover costs for and on behalf of Her Majesty, where judgment shall be given for the Crown, in the same manner, and under the same rules, regulations, and provisions, as were or might be in force touching the payment or receipt of costs in proceedings between subject and subject; and that such costs should be paid into the Exchequer, and should become part of the Consolidated Fund; and it was also enacted, that if in any such information, action, suit, or other proceeding, judgment should be given against the Crown, the defendant or defendants should be entitled to recover costs in like manner and subject to the same rules and provisions as though such proceeding had been had between subject and subject; and that it should be lawful for the Commissioners of Her Majesty's Treasury, and they were thereby required, to pay such costs out of any monies which might be thereafter voted by Parliament for that purpose: And whereas it is expedient that the provisions of the said Act should be extended to the Isle of Man: 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:

1. THE first and second sections of the said recited Act shall extend and apply to the Isle of Man; and the words "Her Majesty's Attorney General" contained in the same Act shall, as regards informations, actions, suits, and other legal proceedings in the Isle of Man, be construed to mean Her Majesty's Attorney General for the Isle of Man.

[ocr errors]

18 & 19 Vict. c. 90. ss. 1, 2,

to apply to the Isle of Man, &c

CHAPTER 15.

AN ACT to define the Powers of the President and Fellows of the King and
Queen's College of Physicians in Ireland with respect to the Election of
its Fellows.
[16th May 1862.]

WHEREAS by an Act passed in the Parliament of Ireland in the fortieth Irish Act

S. 42.

year of the reign of His late Majesty King George the Third, chapter 40 Geo. 3. c. 84. eighty-four, it is amongst other things enacted, in the forty-second section thereof, that no person shall be capable of being elected a fellow of the College of Physicians (incorporated by the name of the President and Fellows of the King and Queen's College of Physicians in Ireland) who shall not have taken the degree of bachelor or master in arts or doctor in physic in one of the Universities in Dublin, Oxford, or Cambridge, unless the number of fellows shall at any time be reduced to six, in which case only, whenever it may happen, such qualification of the degree of bachelor or master in arts or doctor of physic may be dispensed with respectively: And whereas under the charter which had been granted to the said College of Physicians in the fourth year of the reign of King William and Queen Mary, the said college was empowered to elect to the fellowship thereof without restriction such of its licentiates as it deemed deserving of such distinction: And whereas the said restriction

Who may be elected fellows of the College of Physicians

in Ireland.

imposed by the said recited Act is unjust to universities and colleges other than those of Dublin, Oxford, or Cambridge; and it is expedient

[ocr errors]

that the said president and fellows of the said College should be enabled to elect to the fellowship thereof such of its licentiates as are graduates in arts of any university of the United Kingdom of Great Britain and Ireland, and also such of its licentiates as may appear to them to merit such distinction by reason of their personal and professional attainments: 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:

3.

*

it shall be lawful for the president and fellows of the King and Queen's College of Physicians in Ireland to elect to the fellowship of the said college such of its licentiates as are graduates in arts or doctors in physic of any university of the United Kingdom of Great Britain and Ireland, or of any foreign university, and also such of its licentiates, not being such graduates in arts or doctors in physic, as, under such limitations as to them may seem fit, may appear to the said president and fellows to merit such distinction.

24 & 25 Vict. c. 9.

Extension of

time for enroland assurances.

ment of deeds

24 & 25 Vict. c. 9. s. 1.

CHAPTER 17.

AN ACT to extend the Time for making Enrolments under the Act passed in
the last Session of Parliament, intituled "An Act to amend the Law
relating to the Conveyance of Land for Charitable Uses," and to explain
and amend the said Act.
[16th May 1862.]

[ocr errors]

WHEREAS by an Act passed in the last session of Parliament, intituled

"An Act to amend the law relating to the conveyance of land for "charitable uses," time was given for enrolling certain deeds, assurances, and instruments therein referred to until the expiration of twelve calendar months next after the passing of the said Act: And whereas the said Act received the royal assent on the seventeenth day of May one thousand eight hundred and sixty-one, so that the time thereby given for making such enrolments will expire at the end of twelve calendar months from that day: And whereas from the great number of deeds, assurances, and instruments to be enrolled under the provisions aforesaid it is reasonable to allow an extension of time for that purpose: 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:

1. THE enrolment of every deed, assurance, and instrument, which shall be enrolled before the seventeenth day of May one thousand eight hundred and sixty-four, shall, for the purposes of the said Act, have the same force and effect which it would have had if such enrolment had been within twelve calendar months next after the passing of the said Act.

2. AND whereas by the said Act it is enacted that certain assurances to be thereafter made bonâ fide on a sale for a full and valuable consideration should not be deemed null and void by reason of the consideration consisting wholly

or partly of a rent, rentcharge, or other annual payment reserved as therein mentioned; and doubts have arisen whether the said enactment refers to any hereditaments not of copyhold or customary tenure: Be it therefore declared Recited enactand enacted, that the said enactment comprises and extends to all heredita- ment to extend ments whether of freehold or of customary or copyhold tenure, and to every ditaments. estate and interest therein.

to all here

ment unneces

3. No deed, assurance, or instrument executed previously to the passing of Acknowledgthe said Act shall, for the purposes thereof, require acknowledgment prior to sary for deeds,

enrolment.

&c. prior to recited Act.

24 & 25 Vict.

c. 9. s. 4.

4. AND whereas it is by the fourth section of the said Act enacted, that where the charitable uses of any such deed or assurance for conveyance as is therein mentioned had been declared by any separate deed or instrument, then, if neither of the said deeds or instruments had been enrolled it should not be necessary to enrol such deed or assurance for conveyance ; but every such deed or assurance for conveyance should be void, unless such other separate deed or instrument should be enrolled within such time as therein mentioned: And whereas it may happen that such deed or assurance of conveyance may have been executed before the passing of the said Act, but the separate deed or instrument declaring the charitable uses may not have been executed until after the passing of the said Act: Be it therefore enacted, Acts to apply that the said Act and this Act shall be taken to apply as well to cases where to cases where such separate deed or instrument shall be or shall have been executed after as to cases where it may have been executed before the passing of the said Act; provided only that, if not already executed, it be executed within six months next after the passing of this Act.

separate deed

executed as before passing of recited Act.

well after as

5. In all cases in which money shall have been really and bonâ fide expended Money exbefore the passing of this Act, in the substantial and permanent improvement, pended before passing of Act by building or otherwise, for any charitable use, of land of any tenure what- in permanent soever, of which possession is now held by virtue of any deed or assurance improvements to be deemed conveying or purporting to convey the same, or declaring any trusts or trust thereof for such charitable use, all money so expended shall be deemed, for the purposes of the said Act, equivalent to money actually paid by way of consideration for the purchase of the said land.

paid as pur

chase money.

6. NOTHING in this Act contained shall extend to render null and void any Act not to deed or assurance already good and valid.

invalidate any deed.

CHAPTER 18.

AN ACT to amend the Law as to the whipping of Juvenile and other Offenders. [16th May 1862.]

WHEREAS

HEREAS it is expedient to amend the law relating to the whipping of offenders: 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:

1. WHERE the punishment of whipping is awarded for any offence by order Order for of one or more justice or justices made in exercise of his or their power of summary conviction, or, in Scotland, by the Court of Justiciary or by any sheriff or magistrate, the order, sentence, or conviction awarding such punish

whipping to
of strokes, &c.

specify number

« ÀÌÀü°è¼Ó »