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Construction of Act.

To what Suits Provisions of this Act shall extend.

9 G. 4. c. 17.

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Costs of any Appeal or Writ of Error from any Judgment therein, together with all Costs to which the Plaintiff may become liable upon such Lands, Tenements, and Hereditaments, (except the said Advowson,) as he would have been entitled under the Provision herein-before contained to charge his Costs if he had been sug cessful in said Suit; provided that the Judge before whom such Action shall be tried, in case of a Verdict or Nonsuit in a Tris at Nisi Prius before a single Judge, and in all other Cases th Chief Justice of the Court of Common Pleas in Ireland, shal certify by Writing under his Hand that the said Plaintiff had pro bable Cause for instituting such Proceedings, and that such Cos ought properly to be charged upon the Lands, Tenements, an Hereditaments by this Act made chargeable therewith; and upo the obtaining of such Certificate the like Reference shall be made to the Master of the Court of Common Pleas to ascertain the Amount of such Costs, and the like Proceedings in all respects had, as herein-before provided in the Case in which the Plaintiff shall succeed, and with the same Force and Effect in all respects as is herein-before provided with regard to the same: Provided always, that the Certificate of the Judge or Lord Chief Justice, as the Case may be, shall be deposited, in such Case, together with the Master's Certificate of the Amount of such Costs, in the Office for registering Deeds in Ireland.

XII. And be it enacted, That the Word "Plaintiff” in this Act shall be deemed and construed to include the Case in which more. than One Person is Plaintiff; and that, except where the Provisions or Context of this Act exclude such Construction, every Word importing the Singular Number only shall extend and be applied to mean several Persons and Things as well as one Person and Thing; and that every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male.

XIII. And be it enacted, That all the Provisions of this Act shall extend and be applied to all such Cases in which Proceedings have been taken or Suits commenced for the Recovery of the Advowsons of or Right of Presentation to any Ecclesiastical Benefice in Ireland in the Names of any Person or Persons, as Trustees, where the immediate Cestuique Trust would be only Tenant for Life of such Advowson; and that for the Purpose of this Act all such Proceedings shall be deemed to have been taken and such Actions instituted in the Name of the said Tenan! for Life, who shall have the same Power of charging the Cost: and Expences incurred by him or by such Trustees, upon any Lands, Tenements, and Hereditaments of which he is Tenant for Life, as if the said Proceedings had been brought in the Name of such Tenant for Life, and not in the Name of said Trustees.

CA P. LII.

An Act for the Relief of Persons of the Jewish Religion
elected to Municipal Offices.
[31st July 1845
W HEREAS the Declaration prescribed by an Act of the
Ninth Year of the Reign of King George the Fourth,
'intituled An Act for repealing so much of several Acts
imposes the Necessity of receiving the Sacrament of the Lord's

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Supper

Supper as a Qualification for certain Offices and Employments, upon Admission into Office in Municipal Corporations, cannot conscientiously be made and subscribed by Persons of the Jewish Religion: 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, instead Persons proof the Declaration required to be made and subscribed by the said fessing the recited Act, every Person of the Jewish Religion be permitted to Jewish Relimake and subscribe the following Declaration within One Calendar gion, on accepting the Office Month next before or upon his Admission into the Office of of Mayor, &c., Mayor, Alderman, Recorder, Bailiff, Common Councilman, Coun- to make a Deeillor, Chamberlain, Treasurer, Town Clerk, or any other Muni- claration. pal Office in any City, Town Corporate, Borough, or Cinque Port, within England and Wales or the Town of Berwick-upon

Tweed.

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IA.B., being a Person professing the Jewish Religion, having Declaration. conscientious Scruples against subscribing the Declaration contained in an Act passed in the Ninth Year of the Reign of King George the Fourth, intituled An Act for repealing so much of several Acts as imposes the Necessity of receiving the Sacrament of the Lord's Supper as a Qualification for certain Offices and Employments, do solemnly, sincerely, and truly declare, That I will not exercise any Power or Authority or Influence which I may possess by virtue of the Office of

to

injure or weaken the Protestant Church as it is by Law established in England, nor to disturb the said Church, or the Bishops and Clergy of the said Church, in the Possession of any Right

or Privileges to which such Church or the said Bishops and Clergy may be by Law entitled.'

II. And be it enacted, That such Declaration shall, with respect Declaration to to any such Office, be of the same Force and Effect as if the be as valid as Person making it had made and subscribed the Declaration afore- that of said contained in the said Act of the Ninth Year of the Reign of 9 G. 4. c. 17. King George the Fourth.

CA P. LIII.

An Act to continue to the First Day of October One thousand eight hundred and forty-six, and to the End of the then next Session of Parliament, certain Turnpike Acts.

[31st July 1845.]

HEREAS it is expedient that the several Acts herein

after specified should be continued for a limited Time :' 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, That every Act now in force for regu- Continuance lating, making, amending, or repairing any Turnpike Road in of Acts. Great Britain, which will expire on or before the End of the next Session of Parliament, shall be continued until the First Day of October in the Year One thousand eight hundred and forty-six, and to the End of the then next Session of Parliament; except such Acts for making, repairing, or regulating any Turn

8&9 VICT.

I i

pike

pike Road or Roads as shall be sooner repealed under the Provi sions of an Act passed in the last Session of Parliament, intitul 7 & 8 Vict. c. 91. An Act to consolidate and amend the Laws relating to Turnpià Trusts in South Wales.

s. 34.

Alteration of

Act.

7 & 8 G. 4. c. 43.

The Lord Lieu

tenant and

Privy Council in Ireland, with

the Consent of the Archbishop, Bishop, and

Patrons, may unite Parts of One or more

Parishes to any other Parish or Parishes.

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

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WHER

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An Act to amend the Laws in force in Ireland for Unior
and Divisions of Parishes; for the Settlement of th
Patronage thereof, and the Celebration of Marriages i
the same.
[31st July 1845
HEREAS by an Act passed in the Session of Parliame
holden in the Seventh and Eighth Years of His
Majesty King George the Fourth, intituled An Act to co
'lidate and amend the Laws in force in Ireland for Unions
'Divisions of Parishes, and for uniting or disappropriat
appropriate Parishes or Parts of Parishes; and to make fur
'ther Provision with respect to the erecting Chapels of Ease, and
making Perpetual Cures, it is amongst other things enacte
"that it shall be lawful for the Lord Lieutenant or other Chi
'Governor or Governors of Ireland for the Time being, with the
'Assent of the major Part of His Majesty's Privy Council in
• Ireland in Council assembled, Six at least assenting, and with
'the Advice and Approbation of the Archbishop of the Provin
' and the Bishop of the Diocese, certified under their Hands an
Archiepiscopal and Episcopal Seals, with the Consent of the
respective Patrons, certified ander their Hands and Seals, at
tested by Two or more credible Witnesses subscribing there
unto, to divide old Parishes, or to separate any Parish or Par
of a Parish heretofore united, in whatever Manner such Union
may have been effected, and to unite Parishes one to another,
or any Part of a Parish to another Parish or Part of a Parish
in perpetuity, and to erect such divided or united Parishes
Parts of Parishes into new Parishes, with all parochial Rights
And whereas it is expedient that the said Provision should be
' extended:' Be it therefore enacted by the Queen's most Excellat
Majesty, by and with the Advice and Consent of the Lord
Spiritual and Temporal, and Commons, in this present Parliamen
assembled, and by the Authority of the same, That it shall be
lawful for such Lord Lieutenant or other Chief Governor of
Governors, with Assent of the major Part of the Privy Counc
as aforesaid, in like Manner, and with such Advice, Approbation,
and Consent respectively as aforesaid, certified or attested as afore
said, to unite Parts of One or more Parishes to any other Parish
or Parishes or Part or Parts of a Parish or Parishes, and to erect
such united Parishes or Part or Parts of a Parish or Parishes, or
such Unions, into new Parishes, with all parochial Rights; and al
such Unions made under this Act shall be subject to the severs
Provisions of the said recited Act in respect to Unions made
under that Act, save and except so far as the same would be
repugnant to this Act: Provided always, that nothing in this

Provision

Provision contained shall be construed to prejudice the Powers in the said recited Act contained as to Unions or Divisions of Parishes.

Lord Lieute
nant and Coun-

cil, with the
Assent of the
Archbishop,
Bishop, and

Patrons, may

make a Settle

ment of the

III. And whereas by the said recited Act it is amongst other When new things also enacted, "that when Two or more Churches or Unions are * Parishes shall be united into One, in pursuance of the said created, the Act, the same having formerly had distinct Patrons, in such Cases the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, and Privy Council, with the Advice and Approbation of the respective Archbishop and Bishop in whose Province and Diocese the said Churches were situate, shall divide the Patronage by Turns among the Patrons, giving to each of them a Right to present oftener and seldomer, according to the true yearly Value of the respective Parish or Patronage. Parishes whereof they are Patrons, the Consent of each Patron being first had, and entered in the Instrument for erecting the said Union; and such Settlement or Settlements as aforesaid shall be final and binding to all Patrons, whether Ecclesiastical * or Lay Patrons, and to all Parties for ever; reserving always unto every Archbishop and Bishop, Registrars and Schoolmasters, their respective Dues payable out of every such Parish so united: Provided always, that where the Queen's Majesty, Her * Heirs and Successors, is or shall be entitled to the Presentation * of any of the said Parish Churches so to be united, he and they shall, from and immediately after such Union, upon the then first Vacancy, have the first Presentation of an Incumbent unto such united Church, and afterwards, upon the then next Vacancy, the other respective Patrons severally, as the Lord Lieutenant or other Chief Governor or Governors and Council aforesaid, with the Advice and Approbation aforesaid, shall direct and appoint, regard being had to the respective Values of the several Parishes so to be united as aforesaid, and so in course respectively in manner aforesaid:" And whereas it is expedient that further * Provision should be made for the Settlement of the Patronage * of Ecclesiastical Unions;' be it therefore enacted, That where, in pursuance of the said recited Act or this Act, Two or more Churches or Parishes shall be united into One, or where any Parish or Part of a Parish or Parts of Parishes shall be united to any other Parish or Parishes or Part of a Parish or Parts of Parishes, in every such Case it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, with the Assent of Her Majesty's Privy Council in Ireland as aforesaid, if he and they shall so think fit, and with the Advice and Approbation of the Archbishop and the Bishop in whose Province and Diocese the said Churches, Parishes, Part or Parts of a Parish or Parishes, are situate, certified under their Hands and Archiepiscopal and Episcopal Seals, and with the Consent of each Patron or Person, or Body Politic, Corporate, or Collegiate, whose Ecclesiastical Patronage shall be in anywise affected by the Creation of such Union, (every such Consent to be first had, and entered in the Instrument for erecting the said Union,) to make and establish such a Settlement or Distribution of the Patronage of such Union, and of the Patronage of all Ii 2 Unions

The Consent of the Crown

as Patron may be given by the Lord Lieu

tenant.

In Cases of
Divisions of
Parishes, &c.,
Power to ap-

portion Charges
for Improve-

ments on

Glebes, &c.

Unions and Parishes from which any Parish or Parishes or an Part of a Parish or any Parts of Parishes have been severed order to create such Union, as in the Opinion of such Lord Lie tenant or other Chief Governor or Governors and Privy Cound as aforesaid the Justice of the Case shall require; and every sue Settlement or Distribution shall be final and binding to and up all Patrons, whether Ecclesiastical or Lay Patrons, and to upon all Parties for ever; reserving always unto every Ard bishop and Bishop, Registrar and Schoolmaster, their respecti Dues payable out of every such Parish or Part of a Parish united: Provided always, that in every Case where the Conse of the Queen's Majesty, Her Heirs or Successors, is to be give to any such Settlement or Distribution of Patronage, or to makin any Union, under this Act, the Consent in that Behalf of the Lord Lieutenant or other Chief Governor or Governors of Ireland under his or their Hand and Seal or Hands and Seals, shall to s Intents and Purposes be as good and valid in Law as if the Co sent of Her Majesty, Her Heirs or Successors, had been thereunto signified by Letters Patent under the Great Seal of Ireland.

III. And be it enacted, That in case the Lord Lieutenant or other Chief Governor or Governors of Ireland and Privy Council shall by virtue of the Powers in that Behalf in them vested under any Act now in force or under this Act divide old Parishes, of separate any Parish or Part or Parts of a Parish or Parishes heretofore united, and in case the Incumbent of any Union Parish or Part of a Parish divided or separated shall by virtue of any Law or Statute be entitled to receive from the next Successor of such Incumbent in such Union, Parish or Parishes, or Part thereof, any Sum or Sums of Money on account of any Purchase of or Addition to Glebes, or of any Buildings or Improvements, or of Money paid by such Person to his immediate Predecessor o such Accounts respectively, then and in every such Case it shall and may be lawful for such Lord Lieutenant or other Chief Governor or Governors and Privy Council to order and direct that such Sum or Sums of Money shall be charged and charge able, in such Shares and Proportions as they shall think just and reasonable, upon the several Parishes or Part or Parts of Parishes respectively theretofore united; and such Shares and Proportions shall be paid and payable by the several Incumbents of such Parishes respectively, or Part or Parts of Parishes respectively, to such Person and at such Times and in such Manner as the whole of such Sum or Sums of Money would have been payable by virtue of any Law or Statute in force in Ireland in case such Division or Separation had not taken place: Provided always, that it shall and may be lawful for every such Incumbent or other Person, or his Representatives, having paid any such Share or Proportion in manner aforesaid, to receive and recover from his next and immediate Successor such Part of such Share and Proportion, at such Time, and by such Ways and Means, diate Predecessor by virtue of any Law or Statute in force in Share or Proportion had been paid by him to his next and imme Ireland, unless there shall be any Provision to the contrary

as if such

thereof

contained in such Order of such Lord Lieutenant or other Chief

Governor

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