7 G. 4. c. 64. 14 & 15 Vict. c. 55. Powers of examining Magistrate to grant Certificate of Expenses to Witnesses extended, and Lunacy Acts (Scotland) Amendment. Prosecution Expenses. Certificate, carefully reviewed and considered the Cases of the Patients whose Names are subjoined, and I am of opinion that their continued Detention in the Asylum is necessary and proper for their own Welfare [or for the Public Safety, as the Case may be]. Dated at Day of W Superintendent or Medical Attendant. this 186 CA P. LII. An Act to extend the Law relating to the Expenses of And whereas it is expedient to extend the Law relating to Expenses in Cases of Prosecutions to the Payment of Expenses incurred in attending before an examining Magistrate or Magistrates, and to Compensation for Trouble and Loss of Time therein, on any Charge of Felony bonâ fide made, and on any Case of the several Classes of Misdemeanor enumerated in Section Twenty-three of the said Act of King George the Fourth, or of Section Two of the said Act of Her Majesty, bonâ fide preferred, although the Parties may not be bound over by Recognizance or Subpoena to prosecute or give Evidence, and although no Committal for Trial may take place :' 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. It shall and may be lawful for any Magistrate or Magistrates, at his or their Discretion, and he or they is and are hereby authorized and empowered, at the Request of any Prosecutor or other Person who shall have appeared before such Magistrate or Magistrates, either by Summons or otherwise, on a Charge of Felony, bona fide made upon reasonable and probable Cause, or on a Charge in any Case of the several Misdemeanors enumerated Prosecution Expenses. in Section Twenty-three of the said Act of King George the Fourth, and of Section Two of the said Act of Her Majesty, bonâ fide preferred, and who shall have been examined on such Charge of Felony and Misdemeanor, to grant a Certificate of the Expenses and of the Amount to be allowed for Trouble and Loss of Time to the Witnesses so appearing and examined on such Charge of Felony or Misdemeanor, in the same Manner and to the same or like Extent as Magistrates are authorized by Law to do in Cases of Felony and in Cases of Misdemeanor enumerated in the said Acts, where a Committal for Trial takes place or the Parties are bound over by Recognizance or Subpoena to prosecute and give Evidence; and it shall also be lawful for such examining Magistrate or Magistrates to allow to the Clerk of the Magistrates acting for the Petty Sessional Division or District (except where such Clerk is paid by Salary in lieu of Fees) the same Fees on taking the Depositions on such Charge or Charges as would be allowed to him, or he would be entitled to at Law, in the event of a Committal for Trial taking place, and to include such Allowance of Fees in the Certificate. Petty Session Clerks to be entitled to Fees on Depositions. Certificates to forward same to Clerks of the Peace, to be laid before Quarter Sessions, which may allow Amount, and make Orders for Payment. 2. Every examining Magistrate signing or granting such Cer- Magistrates tificate shall forward the same to the Clerk of the Peace of the signing, &c. County, Riding, Division, City, or Borough within which such Petty Sessional Division or District is situate, to be laid by him before the next Quarter Sessions of the Peace for such County, Riding, Division, City, or Borough; and such Court shall be at liberty to allow the Amount or so much of the Amount named in the Certificate, on the same being certified by the proper Officer of the Court of Quarter Sessions as correct, in accordance with the Scale of Payment fixed or to be from Time to Time fixed under Section Five of the Act of Her Majesty before referred to, and thereupon to sign an Order for Payment on the Treasurer or other Officer of the County, Riding, or Division, or City, Liberty, or Franchise, in which the Offence. shall have been committed or supposed to have been committed, in the same Manner as an Order for Payment would have been made in case the Parties had been bound over to prosecute, and an Indictment had been preferred, and such Treasurer or other Officer shall pay the Amount of such Order to the Person or Persons named therein. 3. This Act shall continue in force for Three Years next after Duration of the passing thereof, and thence to the End of the then next Act. Session of Parliament. 4. This Act shall not extend to Ireland or Scotland. CA P. LIII. An Act to amend certain Provisions of the Sheriff Court [30th July 1866.] Application of Act. WHEREAS it is provided by the Eighteenth Section of 23 & 24 Vict. "The Sheriff Court Houses (Scotland) Act, 1860," that c. 79. ' in case any Court House or any Part thereof, not being the Application of Sum received for Sale of Court Houses ceasing to be used. 6 & 7 Vict. c. 18. Barrister being a Commissioner under 16 & 17 Vict. c. 57. not disqualified. 6 Sheriff Court Houses (Scotland) Act (1860) Amendment. Property of private Parties or of the Magistrates and Council of the Burgh in which it is situate, shall cease to be used as such in consequence of other Accommodation having been pro'vided under the said Act, the Commissioners of Supply may 'sell the same for such Price as they may obtain therefor and convey the same to the Purchaser; provided always, that when the Building so discontinued forms Part of any Building used for other Purposes, the First Offer of the same shall be made to the Parties having Right to the other Parts of the Building, at such Price as may be agreed on, or in case of Disagreement as may be fixed by Valuators appointed by the Sheriff of the County; provided also, that the Price received shall be applied to the Purposes for which an Assessment is authorized by the said Act, and in diminution pro tanto of the Sum so to be levied :' 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. When any such Court House or Part thereof shall be sold, the Price received shall be applied in the first instance towards the total Cost of any new Court House which shall be erected under the Provisions of the said Act, and the Sums to be provided for by Assessment or by Contribution from the Commissioners of Her Majesty's Treasury towards the building of any such new Court House shall be calculated after deducting from the total Estimate the Price of any such Court House or Property which may have been sold. WHE CA P. LIV. An Act to amend the Law relating to the Qualifications of 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. That, notwithstanding anything in the recited Act, the Appointment of or the holding Office by any Barrister as a Commissioner appointed before or after the passing of this Act, under an Act of the Fifteenth and Sixteenth Years of the Reign of Her present Majesty, Chapter Fifty-seven, shall not disqualify such Barrister for the Appointment to or from holding the Office of Revising Barrister. CAP. WH Postmaster General. CA P. LV. An Act to enable the Postmaster General to sit in the House General not to disqualify its Holder from 1. The Office of Postmaster General shall not, after the passing Office of of this Act, be deemed to be a new Office or Place of Profit Postmaster within the Meaning of the said Act of the Sixth Year of the Reign of Queen Anne, or such an Office as disqualifies the Holder thereof from being elected or sitting or voting as a Member of the House of Commons; subject to the Proviso that if a Member of the House of Commons accept the said Office, he shall thereby, though eligible for Re-election, vacate his Seat, and a new Writ shall issue for an Election as if he were dead, CA P. LVI. An Act for confirming certain Provisional Orders made by WHER sitting as a HEREAS a Provisional Order made by the Board of 24 & 25 Vict. Trade under The General Pier and Harbour Act, 1861, c. 45. is not of any Validity or Force whatever until the Confirmation 'thereof by Act of Parliament : 'And whereas it is expedient that the several Provisional 'Orders made by the Board of Trade under the said Act, and set out in the Schedule to this Act, be confirmed by Act of Par'liament :' 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 several Orders set out in the Schedule to this Act shall Orders set out be and the same are hereby confirmed, and all the Provisions in Schedule thereof in Manner and Form as they are set out in the said confirmed. Schedule shall, from and after the passing of this Act, have full Validity and Force. 2. This Act may be cited as The Pier and Harbour Orders Short Title. Confirmation Act, 1866 (No. 2). L 4 The Pier and Harbour Orders Confirmation (No. 2). 9 G. 2. c. 36. Any Trustee, &c. of any Charity may apply to Court of Chancery for Order authorizing Enrolment of any Deed, &c. An Act to make further Provision for the Enrolment of 6 Reign of His late Majesty King George the Second, Chapter Thirty-six, intituled An Act to restrain the Disposition of Lands whereby the same become inalienable: And whereas by a Second Act passed in the Twenty-fourth Year of the Reign ' of Her present Majesty, Chapter Nine, certain Deeds, Assurances, and Instruments theretofore made were, notwithstanding the first-mentioned Act, made valid where the same, or any 'separate Deed or Instrument declaring the Charitable Uses thereof, had been or should be within the Time therein mentioned enrolled in Her Majesty's High Court of Chancery; and by Two subsequent Acts respectively passed in the Twentyfifth Year of Her present Majesty, Chapter Seventeen, and the Twenty-seventh Year of Her present Majesty, Chapter Thirteen, 'the second-mentioned Act was explained and amended, and the Time for making Enrolments thereunder was extended, and has 'since expired; and it is expedient that further Provision should 'be made with respect to certain Deeds, Assurances, and Instru'ments now rendered void for Want of Compliance with the 'Provisions of the first-mentioned Act:' 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. Any Trustee, Governor, Director, or Manager of any Charity, or any other Person entitled to act in the Management of or otherwise interested in any Charitable Trust, may, by Summons in a summary Way, and without Service thereof upon any Person, apply to the Court of Chancery for an Order authorizing the Enrolment in the Court of any Deed, Assurance, or other Instrument whereby any Hereditaments of any Tenure or any Estate or Interest therein have or has been or shall be given, granted, or in any way conveyed, settled, or charged for Charitable Uses, or of any other Deed, Assurance, or Instrument relative to or connected with any Charitable Trust, and which Deed, Assurance, or Instrument ought to have been enrolled, but has not been enrolled within the Time by Law limited for that Purpose, or (where such Deed, Assurance, or Instrument has been lost or destroyed by Time or Accident, and the Trusts thereof, sufficiently appear by some subsequent Deed appointing new Trustees or otherwise reciting the Trusts created by the original Deed, |