Imágenes de páginas
PDF
EPUB

ant upon his deceafe; be it therefore further enacted by the autho rity aforefaid, That it fhall and may be lawful to and for the faid Leonard Thompson, and he is hereby fully authorised and impowered, by mortgage, grant, leafe, or demife of the faid fourth or other part of the faid light-houses and duties, and the reverfion and inheritance thereof, to borrow and raise any fum or fums of money fufficient to pay and difcharge, and not exceeding in the whole the amount of the said several expences, to the payment whereof the faid fourth part is made chargeable, and fubjected by the faid former and this prefent act; and fuch mortgage or mortgages fhall be valid and effectual to all intents and purposes, notwithstanding the faid light-houses and duties being invested in the faid corporation, and notwithstanding the faid Leonard Thompson's being only tenant for life as aforefaid; fo nevertheless that fuch mortgage or mortgages fhall not defeat or obftruct, or be conftrued to defeat or obftruct, the purposes for which the faid duties are hereby directed to be vested in the faid corporation of the Trinity Houfe of Deptford Strond; and fo as every fuch mortgage fhall contain a provifo, that the perfon or perfons who fhall, upon the decease of the faid Leonard Thompson, become intitled to the reverfion or remainder of the fame fourth or other part, fhall not, on his, her, or their coming into poffeffion thereof, be liable to any larger arrear of intereft than for one year preceding the time when the title to fuch poffeffion fhall accrue and commence; or in default of railing by mortgage as aforefaid the amount of the said several expences, whereto the faid Leonard Thompson's faid fourth or other part of the faid light-houfes and duties is charged or fubjected by the faid former or this prefent act, for the purposes herein-before enumerated, the fame thall be a lien and charge upon the reverfion or remainder of the fame fourth or other part, expectant on his deceafe, and fhall be payable to fuch perfon or perfons as the faid Leonard Thompson fhall by deed or will, to be duly executed by him in the prefence of and attefted by two or more credible witneffes, direct and appoint, or in default thereof, to the executors or adminiftrators of the faid Leonard Thompson, at the end of fix months next after his death, together with intereft for the fame, from the day of his deccafe, by the perfon or perfons who fhall thereupon become intitled to the reverfion or remainder of the fame fourth or other part of the faid light-houfes and duties.

VII. Provided always, and be it further enacted, That no-Saving Mr. thing herein contained fhall extend, or be conftrued to extend, Conftable's to prejudice William Conflable efquire, his heirs or affigns, or fuch rights. other perfon or perfons who now is or hereafter fhall be owner or owners of the foil or ground whereon fuch new-intended light-houfes, offices, or other conveniences, fhall be built, with refpect to the fatisfaction and recompence made to him or them by the faid former act, nor to defeat, leffen, or prejudice, the right, title, and intereft, of the faid William Conftable, his heirs or affigns, as lord or lords of the manor of Kilnfea, in the said

.county,

Saving the rights of the

county, or as lord or lords of the feigniory of Holderness; any thing herein contained to the contrary notwithstanding.

VIII. Provided alfo, and be it further enacted by the authority aforefaid, That nothing herein contained shall extend, or corporation. be conftrued to extend, to prejudice, leffen, or defeat, any of the powers, privileges, immunities, or jurifdictions of or belonging to the corporation of the Trinity House of Deptford Strond.

Limitation of actions.

IX. And be it further enacted by the authority aforesaid, That if any action or fuit fhall be commenced against any perfon or perfons for any thing done, or to be done, in pursuance of this act, that then, and in every such case, the action or fuit shall be brought within fix calendar months next after the fact committed, and shall be laid in the county of York, and not elfewhere; and the defendant or defendants in such action or fuit General iffue. fo to be brought shall and may plead the general iffue, and give this act, and the special matter, in evidence at any trial to be had thereupon: and if the plaintiff or plaintiffs fhall become nonfuit, or shall difcontinue his, her, or their action or actions, fuit or fuits, or if, upon demurrer, judgement fhall be given against the plaintiff or plaintiffs, the defendant or defendants Treble cofts. shall and may recover treble cofts, and have fuch remedy for the fame as any defendant or defendants shall and may have in any cafes by law.

Publick act.

Preamble.

2. and 2 &

Geo. 3.

5

X. And be it further enacted by the authority aforefaid, That this act fhall be adjudged, deemed, and taken to be a publick act; and be judicially taken notice of as fuch in all courts, and by all judges, juftices, and other perfons whatfoever, without specially pleading the fame.

CAP. XXX.

An act for the further augmentation of the falaries of the justices of Chester, and the great feffions for the counties in Wales.

HEREAS it is highly reasonable and expedient that a further augmentation fhould be made to the falaries of the juftices Surplus arifing of Chefter, and of the great feffions for the counties in Wales: and from ftamp- whereas the feveral stamp-duties, granted by divers acts of parliament duties, grant- made in the thirty-fecond year of the reign of his late majesty King ed by 32 Geo. George the Second, and in the fecond and fifth years of his prefent Majefty's reign, and appropriated for the payment of the augmented falaries of the refpective judges therein mentioned, have, for the last four years, produced annually a confiderable furplus; and the fame is, by the faid feveral alts, referved for the difpofition of parliament; be it therefore enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temfrom April 2, poral, and commons, in this prefent parliament affembled, and 1772, to be applied as a fur- by the authority of the fame, That, from and after the fifth day ther augmen- of April, one thoufand feven hundred and feventy-two, there tation to the fhall be iffued, paid, and applied, in every year, out of any of the furpluffes which fhall arise upon the feveral ftamp-duties granted

falaries of

juftices;

granted by the acts aforefaid, after the payments already charged thereupon, fhall, from time to time, have been satisfied, the fums of money following to the feveral juftices herein-after mentioned, as an addition to, and in further augmentation of, their viz. 3001. per. respective falaries; that is to fay, the annual fum of three hun-Ann. to the dred pounds, to the chief juftice of Chefter for the time being; chief juftice the annual sum of two hundred pounds, to the second juftice of of Chester; Chefter for the time being; and to each of the juftices for the 200l. per Ann. time being of the great feffions for the counties in Wales: which faid several and respective fums of money shall be, and are here- to every jufby charged upon the furpluffes of the several stamp-duties afore- tice of the faid, and shall be paid thereout, in every year, at fuch time or great feffions times, and in such manner, as the falaries of the said justices now to be paid as are or have been used to be paid.

to the second

of Wales;

ufual.

rateable a

II. Provided always, and be it further enacted by the autho- If the furrity aforesaid, That if the furpluffes of the faid duties shall prove pluffes prove infufficient, in any year, to make good and anfwer the fums infufficient in herein-before appointed to be paid and applied yearly, in further any year, a augmentation of the falaries of the faid juftices; then, and in batement to every fuch year, a rateable abatement or deduction, in propor- be made. tion to fuch deficiency, thall be made out of the several annual fnms hereby directed and appointed to be paid for that year to fuch juftices refpectively; and if any furplus fhall remain, in any year, of the produce of the faid duties, after payment of the monies hereby charged thereon, the fame fhall be referved for the difpofition of parliament, in the fame manner as it was directed to be reserved before the making of this act.

CAP. XXXI.

An act to indemnify fuch perfons as bave omitted to qualify themselves for offices and employments; and to indemnify juftices of the peace, or others, who have omitted to register or deliver in their qualifications within the time limited by law, and for giving further time for those purposes; and to indemnify members and officers, in cities, corporations, and borough towns, whofe admiffions have been omitted to be ftamped according to law, or, having been famped, bave been loft or mislaid, and for allowing them time to provide admiffions duly ftamped, and to give further time to fuch perfons as bave omitted to make and file affidavits of the execution of indentures of clerks to attornies and folicitors.

HEREAS divers perfons, who, on account of their offices, Preamble, places, employments, or profeffions, or any other cause or occafion, ought to have taken and fubfcribed the oaths, or the affurance reSpectively appointed to be by fuch perfons taken and fubfcribed, in and by an act made in the first year of the reign of his late majesty King George the First, of glorious memory, intituled, An act for the fur- Perons who ther fecurity of his Majesty's perfon and government, and the hav: omitted

fuc- to take the

oaths appointed by

fucceffion of the crown in the heirs of the late princefs Sophia, being proteftants; and for extinguishing the hopes of the preact 1 Geo. 1. tended prince of Wales, and his open and fecret abettors; or to A&t 13 Car. 2. have qualified themselves according to an all made in the thirteenth year of the reign of King Charles the Second, intituled, An act for

the well-governing and regulating corporations; or to have quaAct 25 Car. 2. lified themfelves according to another act made in the twenty-fifth year of the reign of King Charles the Second, intituled, An act for preventing the dangers which may happen from popish recufants, by receiving the facrament of the Lord's fupper, according to the ufage of the church of England, and making and fubfcribing the declaration against tranfubftantiation therein mentioned; or Act 30 Car. 2. according to another act, made in the thirtieth year of the reign of King Charles the Second, intituled, An act for the more effectual preferving the King's perfon and government, by difabling papifts from fitting in either house of parliament; or according to Act 8 Geo. 1. another alt made in the eighth year of the reign of bis late majesty King George the Firft, intituled, An act for granting the people called Quakers, fuch forms of affirmation or declaration as may remove the difficulties which many of them lie under; or atAct 9 Geo. 2. cording to another act, made in the ninth year of the reign of bis late majesty King George the Second, intituled, An act for indemnifying perfons who have omitted to qualify themselves for offices within the time limited by law, and for allowing further time for that purpose; and for amending fo much of an act, paffed in the fecond year of the reign of his present Majefty, as requires perfons to qualify themfelves for offices before the end of the next term, or quarter-feffions; and alfo for enlarging the time limited by law for making and fubfcribing the declaration against tranfubftantiation; and for allowing a further time for inrolment of deeds and wills made by papifts; and for relief of protestant purchasers, devisees, and leffees; or according to another Act 18 Geo. 2. act made in the eighteenth year of the reign of his late majefty King George the Second, intituled, An act to amend and render more effectual an act paffed in the fifth year of his prefent Majefty's reign, intituled, An act for the further qualification of justices of the peace, or according to another alt made in the fixth year of the reig of his prefent Majefty, intituled, An act for altering the oath of abjuration, and the affurance; and for amending so much of an act made in the feventh year of her late Majefty Queen Anne, intituled, An act for the improvement of the union of the two kingdoms, as, after the time therein limited, requires the delivery of certain lifts and copies therein mentioned to perfons indicted of high treason, or misprifion of treason, have, through ignorance of the law, abfence, or some unavoidable accident, omitted to take and fubferibe the faid oaths and affurance, and make and subscribe the declaration required by law, or otherwife to qualify themselves as aforefaid, within fuch time, and in fuch manner, as in and by the faid als refpectively, or by any other act of parliament in that behalf made, is required, whereby they bave incurred, or may be in danger of incurring, divers penalties and difabilities: for quieting the minds of

and A&t 6 Geo. 3.

act,

bis Majesty's fubjects, and for preventing any inconveniences that might otherwife happen by means of fuch omiffions; be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That all and every person or perfons who, at or before not qualifying the pailing of this act, hath or fhall have omitted to take and before the fubfcribe the faid oaths and declarations, or to receive the facra- paffing of this ment of the lord's fupper, or otherwife to qualify him, her, or themselves, within fuch time, and in such manner, as in and by the faid acts, or any of them, or by any other act of parliament in that behalf made is required; and who after accepting any fuch office, place, or employment, or undertaken any profeffion or thing on account of which fuch qualification ought to have been had, and is required, before the paffing of this act, hath or have taken and fubfcribed the faid oaths, or made the declarations required by law, and alfo received the facrament of the Lord's fupper, according to the ufage of the church of England,

or who, on or before the twenty-fifth day of December, one thou- or before Dec, sand seven hundred and feventy-three, fhall take and subscribe 25, 1773, the faid oaths, declarations, and affurance respectively, in fuch cafes wherein by law the faid oaths, declarations, and affurance, ought to have been taken or subscribed, in such manner and form, and at or in fuch place or places, as are appointed in and by the faid act made in the first year of the reign of his faid late majesty King George the First, or by any other act or acts of parliament in that behalf made and provided, and also hath or have received, or fhall, on or before the said twenty-fifth day of December, one thousand feven hundred and feventy three, receive the facrament of the Lord's fupper according to the usage of the church of England, in fuch cafes wherein the faid facrament ought to have been received, and hath or have made and subfcribed, or shall, on or before the faid twenty-fifth day of December, one thousand feven hundred and feventy-three, make and fubfcribe the faid declaration against tranfubftantiation, and allo hath or have made and subscribed, or thall, on or before the faid twenty-fifth day of December, one tho fand feven hundred and feventy-three, make and fubfcribe the faid declaration, in the faid ftatute made in the thirtieth year of King Charles the Second, in fuch cafes wherein the faid declarations ought to have been made and subscribed, and take and subscribe the oath directed by the faid act made in the eighteenth year of the reign. of his late majefty King George the Second, in fuch cafes wherein the faid oath ought to have been taken and fubfcribed, in fuch manner as by the faid act is directed, shall be, and are hereby indemnified, freed, and difcharged, from and against all indemnified penalties, forfeitures, incapacities, and difabilities incurred, or against for to be incurred, for or by reafon of any neglect or omiffion, previous to the paffing of this act, of taking or fubfcribing the faid oaths or affurance, or receiving the facrament, or making or fubfcribing the faid declarations, or taking or fubfcribing the VOL. XXX. G

faid

feitures.

« AnteriorContinuar »