It is Enacted, XII. That all conveyances by any bankrupt bond fide made and executed before the date and issuing of the fiat against such bankrupt shall be valid, notwithstanding any prior act of bankruptcy by him committed, provided the person or persons to whom such bankrupt so conveyed had not at the time of such conveyance notice of any prior act of bankruptcy by him committed. XIII. That no purchase from any bankrupt bond fide and for valuable consideration, where the purchaser had notice at the time of such purchase of an act of bankruptcy by such bankrupt committed, shall be impeached by reason thereof, unless the commission against such bankrupt shall have been sued out within twelve calendar months after such act of bankruptcy. XIV. That this Act shall not extend to Ireland. CAP. XII. AN ACT to amend an Act of the Thirty-ninth Year of King George the Third, for the more effectual Suppression of Societies established for seditious and treasonable Purposes, and for preventing treasonable and seditious Practices, and to put an End to certain Proceedings now pending under the said Act. (4th June 1839.) ABSTRACT OF THE ENACTMENTS. 1. Repeal of 39 Geo. 3. c. 79. s. 27. 2. Penalty upon printers for not printing their name and residence on every paper or book; and on persons publishing the same.— Proviso. 3. As to books or papers printed at the university presses. 4. No actions for penalties to be commenced, except in the name of the Attorney or Solicitor General in England, or the Queen's Advocate in Scotland. 5. Persons sued before the passing of this Act for penalties incurred under the recited Act, may apply to the Court or to a Judge to stay proceedings upon certain conditions. 6. Former Acts and this Act to be construed as one Act. 7. Act may be amended. By this ACT, After reciting that in an Act, 39 Geo. 3. c. 79, intituled 'An Act for the more effectual Suppression of Societies established for seditious and treasonable Purposes, and for the better preventing treasonable and seditious Practices,' certain provisions are contained to restrain the printing or publishing of any papers or books whatsoever which should be meant or intended to be published or dispersed without the name and place of abode of the printer thereof being printed thereon in the manner in the said Act specified: and that the said provisions have given occasion to many vexatious proceedings at the instance of common informers, and it is expedient to discourage the same : It is Enacted, 1. That so much of the said Act as enacts that every person who, after the expiration of forty days after the passing of the said Act, shall print any paper or book whatsoever which shall be meant or intended to be published or dispersed, whether the same shall be sold or given away, shall print upon the front of every such paper, if the same shall be printed on one side only, and upon the first and last leaves of every paper or book which shall consist of more than one leaf, in legible characters, his or her name, and the name of the city, town, parish, or place, and also the name (if any) of the square, street, lane, court, or place in which his or her dwelling house or usual place of abode shall be, and that every person who shall omit so to print his name and place of abode on every such paper or book printed by him, and also every person who shall publish or disperse, or assist in publishing or dispersing, either gratis or for money, any printed paper or book which shall have been printed after the expiration of forty days from the passing of the said Act, and on which the name and place of abode of the person printing the same shall not be printed as aforesaid, shall for every copy of such paper so published or dispersed by him forfeit and pay the sum of 201., shall be and the same is hereby repealed. II. That every person who after the passing this Act shall print any paper or book whatsoever, which shall be meant to be published or dispersed, and who shall not print upon the front of every such paper, if the same shall be printed on one side only, or upon the first or last leaf of every paper or book which shall consist of more than one leaf, in legible characters, his or her name and usual place of abode or business, and every person who shall publish or disperse, or assist in publishing or dispersing, any printed paper or book on which the name and place of abode of the person printing the same shall not be printed as aforesaid, shall for every copy of such paper so printed by him or her forfeit a sum not more than 51.: Provided always, that nothing herein contained shall be construed to impose any penalty upon any person for printing any paper excepted out of the operation of the said Act, either in the said Act or by any Act made for the amendment thereof. III. That in the case of books or papers printed at the University Press of Oxford, or the Pitt Press of Cambridge, the printer, instead of printing his name thereon, shall print the following words: "Printed at the University Press, Oxford," or" the Pitt Press, Cambridge," as the case may be. IV. Provided and enacted, That it shall not be lawful for any person or persons whatsoever to commence, prosecute, enter, or file, or cause or procure to be commenced, prosecuted, entered, or filed, any action, bill, plaint or information in any of Her Majesty's courts, or before any Justice or Justices of the Peace, against any person or persons, for the recovery of any fine, penalty, or forfeiture made or incurred, or which may hereafter be incurred under the provisions of this Act, unless the same be commenced, prosecuted, entered, or filed in the name of Her Majesty's Attorney General or Solicitor General in that part of Great Britain called England, or Her Majesty's Advocate for Scotland (as the case may be respectively); and if any action, bill, plaint, or information shall be commenced, prosecuted, entered, or filed in the name or names of any other person or persons than is or are in that behalf before mentioned, the same, and every proceeding thereupon had, are hereby declared and the same shall be null and void to all intents and purposes. v. That immediately after the passing of this Act it shall be lawful for any person against whom any original writ, suit, action, bill, plaint, or information shall have been sued out, commenced, or prosecuted, on or before the day of the passing of this Act, for the recovery of any pecuniary penalty or penalties incurred under the said recited Act, to apply to the Court in which such original writ, suit, action, bill, plaint, or information shall have been sued out, commenced, or prosecuted, if such Court shall be sitting, or if such Court shall not be sitting to any Judge of either of the superior Courts at Westminster, or to any Justice of the Peace before whom any such plaint or information shall be pending, or any conviction shall have been had or obtained, or to any other Justice of the Peace acting for the same county, riding, division, city, borough, or place, as the Justice of the Peace before whom such plaint or information shall be pending or such conviction shall have been had or obtained, for an order that such writ, suit, action, bill, plaint, or information shall be discontinued, or such conviction be quashed, upon payment of the costs thereof out of pocket incurred to the time of such application being made, such costs to be taxed according to the practice of such court, or in case of any proceeding before a Justice, to be taxed and ascertained by such Justice; and every such Court or Judge, or Justice of the Peace, as the case may be, is hereby authorized and required, upon such application, and proof that sufficient notice has been given to the plaintiff or informer, or to his attorney, of the application, to make such order as aforesaid; and upon the making such order, and payment or tender of such costs as aforesaid, such writ, suit, action, bill, plaint, or information shall be forthwith discontinued, or such conviction shall be quashed, as the case may be Provided always, that in all cases in which any such writ, suit, action, bill, plaint, or information shall have been sued out or commenced subsequently to the 16th of April 1839, it shall be lawful for such Court, Judge, or Justice as aforesaid to make such order for discontinuing the same, or quashing any conviction had thereon, without payment of any costs, and in every such case, on the making of such order, such writ, suit, action, bill, plaint, or information shall be forthwith discontinued, or such conviction shall be forthwith quashed, as the case may be: Provided always, that nothing herein contained shall be deemed or taken to enable any person to recover back any money paid before the passing of this Act, in pursuance of any judgment or conviction duly obtained under the provisions of the said recited Act. VI. That the said Act, and all Acts made for the amendment thereof, except so far as herein repealed or altered, shall be construed as one Act together with this Act. VII. That this Act may be amended or repealed by any Act to be passed in this present session of Parliament. CAP. XIII. AN ACT for extending the Copyright of Designs for Calico Printing to Designs for printing other woven Fabrics. ABSTRACT OF THE ENACTMENTS. 1. Commencement of Act. 2. Acts extended to Ireland. 3. Description of fabrics to which the recited Acts shall extend. (4th June 1839.) By this ACT, After reciting that by an Act, 27 Geo. 3. c. 38, intituled, 'An Act for the Encouragement of the Arts of designing and printing Linens, Calicoes, and Muslins by vesting the Properties thereof in the Designers, Printers, and Proprietors for a limited Time;' and by another Act, 34 Geo. 3. c. 23, for amending and making perpetual the said Act, it was enacted, that every person who should invent, design, and print, or cause to be invented, designed, and printed, and become the proprietor of any new and original pattern or patterns for printing linens, cottons, calicoes, or muslins, should have the sole right and liberty of printing and re-printing the same for the term of three months: And that it is expedient to extend the said Acts to Ireland: And that since the passing of the last-recited Act there have been invented other fabrics of a similar nature to which the said copyright doth not extend ; It is Enacted, 1. That this Act shall come into operation on the passing thereof. II. That the said recited Acts and this Act shall extend to Ireland, as well as to England and Scotland. III. That the provisions of the said recited Acts shall extend to the following woven fabrics published after the passing of this Act; (that is to say,) To fabrics composed of wool, silk, or hair: To mixed fabrics, composed of any two or more of the following materials: (that is to say,) linen, cotton, wool, silk, or hair. And with regard to any fabrics to which the recited Acts and this Act extend which shall be published after the passing of this Act: It is Enacted, IV. That the recited Acts and this Act shall be construed as one Act. v. That if any offence either against the recited Acts or against this Act be committed in Ireland, the party aggrieved shall have the same remedies in the supreme courts of law in Dublin which in the like case the same party would have in England. CAP. XIV. AN ACT for removing Doubts as to the Appointment of a Dean of Exeter or of any other Cathedral Church. (4th June 1839.) ABSTRACT OF THE ENACTMENT. A prebend or canonry may be filled up to qualify for a deanery, notwithstanding the Cathedral Appointments Suspension Acts. By this ACT, After reciting that by the statutes and customs of the cathedral church of Exeter, and of certain other cathedral churches, it is required that the deans of such churches respectively shall be appointed or elected out of the number of the prebendaries or canons residentiary thereof: And that the deanery of the said cathedral church of Exeter is now vacant, but by reason of the provisions of 6 & 7 Will. 4. c. 67, which Act was and is continued by 1 & 2 Victoria, c. 108, doubts are entertained whether any collation to a prebend or any election to a canonry can be made in the present circumstances of the chapter of the said church: And that similar doubts may arise upon the vacancy of the deanery of any of such other churches as aforesaid :— It is Enacted, That nothing in either of the said Acts contained shall during the vacancy of the deanery of any cathedral church prevent any spiritual person from being collated or elected or appointed to the prebend or to the canonry in such church held by the last dean thereof, for the purpose of qualifying such person to be appointed or elected dean thereof, but that such person shall, upon such collation, election, or appointment, be a prebendary or canon residentiary of such church to all intents and purposes, and entitled to all rights, privileges, and emoluments to such prebend or canonry belonging or appertaining, subject nevertheless to such measures and regulations as may hereafter be enacted respecting the same. CAP. XV. AN ACT to provide for the more effectual Execution of the Office of a Justice of the Peace within and adjoining to the District called The Staffordshire Potteries, and for Purposes connected therewith. (4th June 1839.) ABSTRACT OF THE ENACTMENTS. 1. Her Majesty may appoint a stipendiary Justice of the Peace for the limits herein described. 2. Such Justice may act with or without other Justices, but not out of the limits. 3. May act alone in certain cases. 4. Not to be a member of the House of Commons. 5. The limits within which such Justice must reside; his attendances and places of sitting. 6. Salary. 19. Representatives of deceased officers to account. 20. Treasurer's account to be audited and published. 21. Abstract of accounts to be transmitted to the clerk of the peace, and be open to inspection. 22. Assessors to make valuations of premises to be rated. 23. Rates to be made. 24. Rates may be increased in certain districts for erecting offices. 25. Exemption from rates. 26. Rates may be reduced or remitted on account of poverty. 27. Assessments may be amended. 28. Apportionment of rates on removal, &c. 29. Recovery of rates. 30. Assessments may be inspected. 31. Rate books, &c. duly signed to be evidence. 32. Provision for payment of rates out of police rates in certain cases. 33. How penalties, forfeitures, and fines are to be recovered and applied. 34. Justices may proceed by summons in the recovery of penalties. 35. Proceedings for penalties to be commenced within six months. 36. Penalties to be paid to the treasurer. 37. Forms of information and conviction:-Form of information.-Form of conviction. 38. Witnesses may be summoned. 39. Appeal may be made to the Quarter Sessions. 40. Quarter Sessions may alter assessments, or quash and order new ones. 41. Public Act. By this ACT, After reciting that the execution of the office of a Justice of the Peace within the borough of Stoke-upon-Trent (comprising the district called The Staffordshire Potteries), and the several places adjoining thereto hereinafter named; that is to say, the townships, liberties, or places of Trentham, Hanford, and Blurton, in the parish of Trentham; Normacott in the parish of Stone; Clayton, Botteslow, Bucknall, and Bagnall, in the parish of Stoke-upon-Trent; Abbey Hulton in the parish of Burslem; the parish of Norton-on-the-Moors; and Wolstanton, Chell, and Chatterley, in the parish of Wolstanton, all in the county of Stafford, has become and is likely to continue difficult and burthensome, owing to the very great and increasing extent of the population and manufactories within the borough and places aforesaid, and the attendance of a sufficient number of Justices of the Peace for the said county cannot always be procured for the prompt administration of the said office therein; and it would tend to afford better protection to the persons and properties of the inhabitants, and be of advantage to the public, if provision were made by authority of Parliament for the appointment of a Justice of the Peace, with a stipend or salary, for the more effectual execution of the office of a Justice of the Peace within the said borough of Stoke-upon-Trent and places adjoining thereto, and for other purposes connected therewith: It is Enacted, I. That it shall be lawful for Her Majesty, her heirs and successors, from time to time as occasion may require, to appoint, and from time to time to remove one fit and able person, being a barrister-at-law of six years standing at the least, and being a Justice of the Peace for the county of Stafford, to execute the office of a Justice of the Peace within the said borough of Stoke-upon-Trent and the places adjoining thereto hereinbefore mentioned; and it shall be lawful for any such person so appointed to act as a Justice of the Peace within the said borough and places adjoining thereto aforesaid without having such qualification and without taking such oath of qualification as are required by law for qualifying any person to act as a Justice of the Peace, any law or statute to the contrary notwithstanding; and it shall also be lawful for any such person so appointed a Justice of the Peace to receive and take the stipend or salary hereinafter mentioned as a remuneration for his services under the provisions of this Act. II. That it shall be lawful for any such stipendiary Justice to sit and act as a Justice of the Peace of the said county within the said borough and places adjoining thereto aforesaid, either alone or together with any other Justice or Justices of the Peace of the said county who may think proper to attend; but such stipendiary Justice shall not during his continuance in his said office act as a Justice of the Peace out of the limits of this Act. III. Provided and enacted, That it shall be lawful for any such stipendiary Justice to do alone any act with in the limits of this Act which by any law now in force, or by any law not containing an express enactment to the contrary hereafter to be made, is or shall be directed to be done by more than one Justice in all cases relating to assaults. IV. Provided and enacted, That no stipendiary Justice of the Peace to be appointed by virtue of this Act shall during his continuance in office as such stipendiary Justice be capable of being elected or of sitting as a member of the House of Commons. v. That such stipendiary Justice shall reside within the borough of Stoke-upon-Trent, or within two miles of the North Staffordshire Infirmary by the nearest road, and shall attend at some suitable public rooms or offices, at the times and in the several towns hereinafter mentioned, for the hearing and despatch of business; that is to say, in every week, one day at Hanley or at Shelton, one day at Burslem, one day at Tunstall, one day at Stoke-upon-Trent or Fenton alternately, and one day at Lane End or at Longton, and on each day from the hour of ten of the clock in the forenoon to the hour of four of the clock in the afternoon, unless the business of the day be sooner disposed of, and at all such other times when any special occasion may require his immediate services: Provided always, that the attendance of such Justice may, when requisite, be supplied by any other Justice of the Peace for the said county; provided also, that no such attendance shall be given on Sunday, Christmas day, Good Friday, or any day appointed for a public fast or thanksgiving, unless in cases of urgent necessity, or when it shall be directed by one of Her Majesty's principal Secretaries of State. VI. That a salary at the rate of 800l. in each year shall be paid by the treasurer to be appointed as hereinafter directed to the Justice to be appointed by virtue of this Act, and his successors respectively, such salary to commence from the time when any such Justice shall enter on the duties of his office, and to be paid so long as any such Justice shall continue to discharge the duties of his office; such salary to be payable and paid by two equal half-yearly payments on the 24th of June and the 25th of December, or on any following day, on demand made by or by authority of such Justice; and a due proportion of the first half-yearly sum shall be paid at the time and in manner aforesaid in case the Justice shall enter on the duties of his office on any day between such half-yearly days; and in case of the resignation or removal of any such Justice between any such halfyearly days of payment, then he shall be entitled to and be paid a due proportion of the said salary up to the period of his resignation or removal; and in case of his death between any such half-yearly days of payment, his representative shall be entitled to and be paid a due proportion of the said salary up to the period of his death. VII. That it shall be lawful for any such Justice to be appointed in pursuance of this Act from time to time to appoint a clerk, and from time to time at his pleasure to remove any clerk so appointed; and such clerk shall attend in his own person, and not by any deputy, substitute, or proxy, (except when prevented by illness or some other sufficient cause, to be allowed under the hand of such Justice,) at all official sittings of any Justice acting for the purposes of this Act, and assist him in the execution of his duties; and the said clerk shall be allowed and paid a salary or sum not exceeding 250l. per annum, at the discretion of the said stipendiary Justice, in full recompense for his trouble and attendance in the execution of this Act; such salary or sum to be paid by the treasurer to be appointed as hereinafter mentioned in four equal quarterly payments in every year, and the first quarterly payment thereof to be made at the end of three calendar months from the time of such appointment. VIII. Provided and enacted, That no such clerk to be appointed as aforesaid shall during his continuance in office as such clerk act as an attorney or solicitor, or clerk to any attorney or solicitor, or clerk to any board of guardians of the poor. IX. That as soon as conveniently may be after the passing of this Act Her Majesty's Justices of the Peace acting in and for the hundred or division of Pirehill North in the county of Stafford, in special sessions assembled, or any two of them, shall make and settle a table of the fees which shall be taken by the said clerk; and such table of fees shall be submitted to one of Her Majesty's principal Secretaries of State, and such table of fees shall be confirmed and allowed by such Secretary of State, either with or without any additions, abatements, or alterations therein to be made or not, at the discretion of such Secretary of State, and thenceforth the clerk of such Justice shall and lawfully may demand and take the fees therein mentioned: Provided always, that it shall be lawful for any such Justices assembled in special sessions, or any two of them, from time to time as occasion may require, to make and settle any other table of fees to be taken instead of the fees contained in any former table, which shall be also submitted to and be confirmed and allowed by one of Her Majesty's principal Secretaries of State in the manner herein before mentioned with respect to the first-mentioned table of fees; provided also, that until such tables of the fees so to be taken shall have been made and confirmed as aforesaid it shall be lawful for such clerk to take such fees as are authorized by the table for the time being to be taken by the clerks to the Justices acting for the said county of Stafford; provided further, that a copy of the table of fees payable to such clerk shall be affixed for public inspection in the public office or place of public business of the Justice acting in pursuance of this Act; and the said clerk shall and he is hereby required, at the expiration of every calendar month, to pay over the amount of all fees and monies received by him by virtue of this Act into the hands of the treasurer to be appointed for the purposes of this Act, and also from time to time to keep a true and accurate account of all such fees and monies, and to enter the same, upon receipt thereof, in a book to be kept for that purpose, which book shall at all times during every sitting of any Justice acting in pursuance of this Act be open to the inspection of the Justice or Justices then attending, and of any owner or owners or occupier or occupiers of property rated under this Act at the value of 201. or upwards; and which accounts shall be regularly made out half-yearly up to the 24th of June and 25th of December in every year, and shall, within fourteen days after the expiration of every such half-yearly period, be verified by such clerk upon some declaration made and taken before any one of Her Majesty's Justices of the Peace for the said county; and in case at any time any such fees or monies shall not be so paid over to such treasurer, then the same may be levied and recovered by distress and sale of the goods and chattels of such clerk, on the information of such treasurer, in like manner as is hereinafter provided respecting monies due from collectors and other officers; and all such fees and monies as shall so be paid over to or recovered by the said treasurer shall be applied in aid or reduction of the rates or assessments to be levied as bereinafter mentioned. x. That the chief bailiff for the time being of Hanley and Shelton, his last living predecessor in the office of chief bailiff, the chief constable of Burslem for the time being, his last living predecessor in the office of chief constable, the chief or head VOL. XVII.-STAT. C |