ABRIDGMENT OF THE PUBLIC GENERAL ACTS, 2 VICTORIA-1839. CAP. I.-IRELAND. AN ACT to amend an Act of the First and Second Year of Her present Majesty for the more effectual Relief of the destitute Poor in Ireland. ABSTRACT OF THE ENACTMENTS. (15th March 1839.) 1. Recited Act to extend to every place in Ireland. 2. Cities, towns, &c. with a population exceeding 10,000 may be constituted electoral divisions; and such electoral divisions may be divided into wards. 3. Places may be declared to be townlands for purposes of recited Act. 4. Boundaries of townlands, &c. may be declared for the purposes of the recited Act. 5. Rate-payers to vote at elections of guardians according to scale in recited Act. 6. Sums not exceeding 2001. may be borrowed to defray expenses previous to the levying of a rate. 7. Conveyances to be made in the form set forth in the schedule. 8. Money paid into the Bank of Ireland." 9. Appeals may be heard at sessions at which an assistant barrister does not attend. As to hearing appeals within limited jurisdictions. 10. Provisions of recited Act as to removal of rates by certiorari repealed. 11. Act may be amended, &c. this session. By this ACT, After reciting that by 1 & 2 Vict. c. 56, it is amongst other things enacted, that it shall be lawful for the Poor Law Commissioners from time to time, by order under their seal, to unite such and so many townlands as they may think fit to be an union for the relief of the destitute poor, to declare any union to be dissolved, or any townland or townlands to be added to or separated from such union, to divide any union into electoral divisions for the election of guardians, and to alter any division from time to time as they may see fit, so nevertheless that in making or altering such division no townland shall be divided; and provision is thereby further made for the election of guardians for every electoral division, for the relief of the destitute poor resident in such electoral divisions, and the charging of the expense of such relief thereon, and for making and levying rates within every such electoral division: And that the boundaries of many townlands are not accurately known, and places exist which are not townlands, or not known as townlands, and doubts have been entertained whether the provisions of the said Act can be applied to such townlands and places; and it is expedient that such doubts should be removed :It is Declared and Enacted, 1. That the said recited provisions, and all other provisions of the said Act in any way relating to townlands, shall be construed to extend and apply to every place in Ireland, whether known as a townland or not. 11. That where in the abstract of the accounts of the population taken by authority of Parliament under an Act, 55 Geo. 3, and the several Acts amending the same, the population of any city, borough, or town, and the suburbs thereof, shall be stated to exceed 10,000, or where the population of any other place shall be so stated to exceed 10,000, and the area of such place shall not exceed three miles for every 10,000 persons, it shall be lawful for the said Commissioners to constitute such city, borough, or town, and the suburbs thereof, or such other place, or any part or parts thereof respectively, an electoral division, for the purposes of the said Act; and, for the purpose of conducting the election of guardians, from time to time to divide such electoral division into such and so many wards, and to alter the same as they may see fit, and to determine and alter the number of guardians to be elected by the rate-payers in every such ward. III. That it shall be lawful for the Commissioners, by order under their seal, to declare any place not known to the said Commissioners as a townland or townlands to be, for the purposes of the said Act, a townland. IV. That in every case in which the boundaries of any townland, or of any place declared by the Commissioners to be a townland, shall not be determined and made known to the Commissioners, it shall be lawful for the said Commissioners, by order under their seal, to declare, for the purposes of the said Act, the boundaries of such townland or place; and the bounda ries so declared shall accordingly be deemed and taken to be the boundaries of such townland or place until the true bounda ries thereof shall be lawfully ascertained and made known to the Commissioners and until they shall have revoked such order. v. That in the election of guardians under the provisions of the said Act every rate-payer who, under the last rate made in any union, shall have paid or contributed or be liable to pay or contribute rate in respect of property in any electoral division shall have a vote or votes in the election of guardians in such electoral division, according to the scale of votes provided by the said Act. And after reciting that under the said Act certain expenses may be incurred in and about the election of guardians, in making rates, surveys, and valuations, and in other respects, before any rate can be levied or collected for the defraying of such expenses; It is Enacted, VI. That, for the purpose of defraying any expenses to be incurred in carrying the provisions of the said Act into execution, previous to the levying of a rate in any union, it shall be lawful to borrow and charge upon the first rate to be made and levied in such union under the provisions of the said Act a sum not exceeding 2001. with interest thereon. VII. That all conveyances or assignments on the purchase or sale of any lands, tenements, or hereditaments by the Poor Law Commissioners under the provisions of the said Act may be made according to the form set forth in the schedule hereunto annexed, or in such other form or forms as the Poor Law Commissioners shall from time to time direct, or as near thereto as the number of parties, the nature of the interests, and the circumstances of the case will admit; and such conveyances shall be valid and effectual in the law, without livery of seisin being made, or any bargain and sale to vest possession being executed or recited or referred to, and without being enrolled, and shall have such operation as in the said Act mentioned. VIII. That so often as any purchase or compensation money shall, under the provisions of the said Act, be payable into the Bank of Ireland in the name and with the privity of the Accountant General of the Court of Chancery, to be placed to his account, and such money shall not be placed to the account of such Accountant General to the credit of the parties interested in the lands, tenements, or hereditaments, under the provisions in the said Act referred to, such purchase or compensation money shall be placed to the account of the said Accountant General "ex parte the Poor Law Commissioners." And after reciting that by the said Act it is provided, that if any person or persons shall find himself or themselves aggrieved by any order or conviction of any Justice or Justices, (except where such Justice shall be an assistant barrister,) where such person or persons shall be convicted in any penalty or penalties exceeding 5l., or by any rate made under this Act, or shall have any material objection to any person or persons being put in or left out of such rate, or to the sum charged on any person therein, it shall be lawful for such person or persons to appeal to any sessions of the peace to be held in the presence of the assistant barrister in and for the county in which such rate or such order shall have been made or conviction taken place within four calendar months next after the cause of complaint shall have arisen, or if such sessions shall be held before the expiration of one calendar month next after such cause of complaint, then such appeal shall be made to the next following sessions: And that certain sessions of the peace for counties are not held in the presence of assistant barristers, and it is therefore doubted whether appeals under the said Act can be made to such sessions ; It is Declared and Enacted, IX. That every such appeal may be made and heard, and the matter thereof determined by any General or Quarter Sessions of the Peace held for the county, county of a city, or county of a town, in which the cause of complaint may have arisen, in the same manner in all respects as is provided by the said Act, although such sessions be not held in the presence of an assistant barrister; and in the case of an appeal against a rate when the rateable hereditament in respect of which the rate is made and the cause of complaint arises is situate within the limits of the jurisdiction of two or more such sessions, then to the sessions of the peace of a county in preference to that of a county of a city or town; and when the jurisdictions are of the same nature, then to the sessions which the appellant shall choose to appeal to. x. That so much of the said recited Act as relates to the removal by writ of certiorari of rates made under the provisions of the said Act, and to applications and to the persons making application for such removal, shall be and the same is hereby repealed. XI. That this Act may be amended or repealed by any Act to be passed in this present session of Parliament. SCHEDULE to which this Act refers. Day of THIS Deed, made the One thousand eight hundred and Acts for the more effectual Relief of the destitute Poor in Ireland, witnesseth, That in consideration of the Sum of [or into the Bank of Ireland] paid by he [or they] the said to doth [or do] grant and convey [or assign and transfer] unto the said by virtue of the all [insert Description of the their Successors and Assigns, [or his or their Heirs and Asigns, or Executors, Administrators, and Assigns, as the Case may require,] for ever [or for the Residue of a Term of Years, commencing from the ture dated the In witness whereof the said Day of Seal, as the Case may require]; and the said or their Seal, as the Case may require]. and made between Day of created by an Indenor otherwise, as the Case may require.] hath [or have] hereto set his Hand and Seal [or their Hands and Seal, or their hath [or have] set his Hand and Seal [or their Hands and Seal, CAP. II. AN ACT to apply the Sum of Two Millions to the Service of the Year One thousand eight hundred and thirty-nine. By this ACT, the Commons grant, and it is Enacted, (15th March 1839.) That there shall be applied, for the service of the year 1839, the sum of 2,000,000l. now remaining in the Exchequer. CAP. III.-IRELAND. AN ACT to authorize the immediate Distribution of a Portion of the Fund applicable to the Relief of Persons entitled to certain Arrears of Tithe Compositions under an Act of the last Session of Parliament, to abolish Compositions for Tithes in Ireland and to substitute Rent-charges in lieu thereof; and for other Purposes. (27th March 1839.) 1. When any memorialist shall have been declared to be entitled to relief under 1 & 2 Vict. c. 109, the Lord Lieutenant may certify to the Treasury the sum due to such memorialist and the sum proper to be paid upon account to him ; and the Treasury may direct payment accordingly.-Proviso. 2. The applications for relief of Elizabeth Gore, widow, and Eliza Edwards, widow, may be received, although the period limited for receiving applications has expired. 3. In parishes where a composition for tithes has not yet been established, such composition shall be made, and rent-charges substituted, as in cases of parishes previously compounded. 4. Certain provisions of 1 & 2 Vict. c. 109, relative to the remission of instalments, amended. 5. Interpretation of certain words in this Act. 6. Act may be altered, &c. this session. By this ACT, After reciting the passing of 1 & 2 Vict. c. 109, whereby it was among other things enacted, that Exchequer bills to an amount not exceeding 260,000l. in the whole should be made out and applied, together with the sums which had arisen or which should arise in Her Majesty's Exchequer on account of certain instalments payable to the Crown under the provisions of an Act, 3 & 4 Will. 4. c. 100, intituled, An Act for the Relief of the Owners of Tithes in Ireland, and for the Amendment of an Act passed in the last Session of Parliament, intituled, "An Act to amend Three Acts passed respectively in the Fourth, Fifth, and in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, providing for the Establish ment of Compositions for Tithes in Ireland," to the indemnification in certain cases of persons who might not have received payment of compositions for tithes in Ireland accrued and remaining due and payable for the four years then last past; and such persons were directed to apply for relief accordingly to the Lord Lieutenant of Ireland in Her Majesty's Privy Council there; and every such application was directed to be made by memorial, with a schedule setting out the particulars of each claim thereunto attached; and the said Lord Lieutenant in council was authorized to cause all such memorials and schedules to be revised, and the several matters and things stated in or appearing thereby proved upon such evidence as to him and them should seem proper; and it was provided, that the schedule attached to each memorial should distinguish such of the compositions in arrear, if any, as were payable by persons having, when the same accrued due, such like estates or interests in the lands chargeable therewith as would under the provisions of the said Act of the last session of Parliament have made the owners thereof liable to the rent-charge substituted for the said compositions; and the right to all arrears of compositions so due and in arrear from persons having such estates or interests as aforesaid was transferred to and vested in Her Majesty, and her Attorney General for Ireland was directed to take certain proceedings for the recovery thereof, and the amount received or recovered was directed to be paid over to the respective parties in whose right so transferred to the Crown the same had been received or recovered; and upon and after the completion of all such proceedings the said Lord Lieutenant was authorized to certify to the Commissioners of the Treasury the sum found due to each memorialist who should be declared entitled to relief under the said Act, exclusive of any sums recovered by the proceedings aforesaid, and paid to him; and the sums raised by the Exchequer bills directed to be made out as herein before mentioned, and the sums which had arisen or which should arise in Her Majesty's Exchequer on account of the instalments herein before mentioned, were, after deducting the necessary expenses attendant upon the execution of the said Act, directed to be distributed rateably among the several memorialists entitled to relief thereunder in proportion to the amount of their several claims: And that it has been found that the proceedings necessary to be taken before the amount of the several claims to relief under the said Act can be precisely ascertained, or the fund applicable to such purpose fully realized, will be attended with a delay which makes it expedient to allow of an immediate partial distribution of the said fund : It is Enacted, 1. That when and so soon as the said Lord Lieutenant of Ireland and council shall have declared any memoralist to be entitled to relief under the said Act in respect of any compositions for tithe due or payable to him for the years 1834, 1835, 1836, or 1837, it shall be lawful for the said Lord Lieutenant to certify to the Commissioners of the Treasury the sum which shall be found due to such memorialist, exclusive of any sum or sums claimed by him to be due by any person against whom proceedings may be had by Her Majesty's Attorney General, as by the said Act directed, and also to certify such sum as to the said Lord Lieutenant and council may seem proper to be paid to such memorialist upon account of his claim to relief under the said Act; and it shall be lawful for the said Commissioners of the Treasury to direct payment to be made to him accordingly, from and out of any monies which shall have arisen to the credit of the tithe arrear account opened in the books of the Bank of Ireland and of Her Majesty's Exchequer, as directed by the said Act: Provided always, that no greater sum shall be so advanced to any memorialist upon account as aforesaid than the proportionate sum which would be payable to him out of the said monies if the claims of all other memorialists for relief thereout were allowed; and provided also, that a sufficient sum shall be reserved out of the said monies to defray the expenses which may be incurred in carrying the said Act into execution; and provided also, that, in the final distribution of the monies applicable to the relief of memorialists under the said Act, any sum which shall have been previously advanced on account to any memorialist as aforesaid shall be deducted from the proportionate sum to which he would have been entitled if no such advance upon account had been made to him. And after reciting that Elizabeth Gore, the widow of the Reverend John Gore, late rector and vicar of the parishes of Marshalstown and Aghada in the diocese of Cloyne, and Eliza Edwards, the widow of the Reverend Anthony Edwards, late rector and vicar of the parishes of Geal and Ballysheehane in the diocese of Cashel, claiming to be entitled as the personal representatives respectively of their deceased husbands to relief under the provisions of the said Act in respect of certain compositions for tithes, and being resident at places distant from the said parishes, have been prevented by that and other circumstances making application for relief under the said Act within the period by the said Act limited for that purpose, and are by reason of such delay debarred the relief afforded by the said Act, and deprived by the provisions of the said Act of all remedy for the recovery of the compositions to which they may be severally entitled; in consideration whereof and of the special circumstances of the case,— It is Enacted, II. That it shall and may be lawful for the said Elizabeth Gore, widow, and for the said Eliza Edwards, widow, at any time within one calendar month next after the passing of this Act, to make application to the said Lord Lieutenant of Ireland in Her Majesty's Privy Council there, praying relief in respect of any compositions for tithes accrued and now remaining due and payable for the years 1834, 1835, 1856, or 1857, to them respectively as the personal representatives of their several deceased busbands; and that such applications shall be made in the same manner and in all respects subject to the like regulations and directions as by the said Act provided in respect of other applications for relief thereunder; and that such applications shall be dealt with in the same manner, and all such and the like proceedings had thereupon, as if such applications had been made within the period by the said Act limited; and that the said Elizabeth Gore and Eliza Edwards, if otherwise entitled thereto, shall receive the like relief as other memorialists under the said Act. 44 And after reciting an Act, 2 & 3 Will. 4. c. 119, intituled, An Act to amend Three Acts passed respectively in the Fourth, Fifth, and in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and to make such Compositions permanent,' whereby, after reciting that it was expedient that a fixed and permanent composition in lieu of tithes should, with a view to the future commutation thereof, be generally established throughout that portion of the United Kingdom called Ireland,' provision was made authorizing a composition for tithes to be established within three months next after the passing of the said Act by a sole Commissioner to be for that purpose nominated by the Lord Lieutenant of Ireland, in every parish or part of a parish wherein a composition should not have been previously made under the provisions of the Acts theretofore passed for that purpose: And that it has been found that notwithstanding the provisions of the said Act there are some parishes and parts of parishes wherein no such composition for tithes has yet been established, and it is necessary, in order to the establishment of rent-charges in such parishes and parts of parishes, pursuant to the intent of the hereinbefore recited Act of the last session of Parliament, that a composition for the tithes of such parishes or parts of parishes should be previously made : It is Enacted, 111. That it shall and may be lawful for the said Lord Lieutenant of Ireland, as soon as conveniently may be after the passing of this Act, to nominate some proper person to be a Commissioner for the purpose of establishing a composition for tithes in each parish or part of a parish in Ireland wherein a composition for the tithes thereof has not been heretofore made; and that all and every the provisions contained in the said Act, 2 & 3 Will. 4, with respect to any person to be appointed a Commissioner for the purposes of such Act, shall apply to any person who may be appointed a Commissioner hereunder; and that all and every the like proceedings shall be had for the purpose of carrying the said Act into execution in any such parish or part of a parish, and for defraying the expenses attendant thereon, as if compositions of tithe bad not been abolished by the bereinbefore recited Act of the last session of Parliament, so far as may be necessary for the establishment of a composition for the tithes of any such parish or part of a parish, and for the assessment or applotment thereof, and the apportionment of such composition amongst the party or parties entitled to the tithes or any particular share or proportion thereof for which such composi tion shall be established; and that the like appeal may be made within the like period against any such composition, or against the assessment or applotment thereof, and the like proceedings bad upon any such appeal, as were authorized or directed in the case of any composition or assessment or applotment thereof heretofore made under the said Act, 2 & 3 Will. 4: Provided always, that when and so soon as the periods limited for such appeals respectively shall have expired or the same shall have been decided, and such composition, and the assessment or applotment thereof shall have been finally established and settled, all and every the provisions of the said Act passed in the last session of Parliament shall thereupon be deemed and taken to apply to every such composition so established by virtue of this Act; and that an annual sum or rent-charge equal to three-fourths of such composition shall become payable in like manner to all intents and purposes, as in the case of compositions established previous to the passing of the said Act of the last session of Parliament; and every provision in such Act contained with respect to the rent-charges established thereby shall apply to the rent-charges to be established by virtue hereof; and every such rent-charge established by virtue hereof shall take effect from the 1st of November 1837; and the first payment thereof shall become due so soon as the periods limited for the appeals before mentioned shall have expired or the same shall have been decided, and be then paid by one entire payment: Provided nevertheless, that if any payment on account of the tithes accrued due for the said year 1837, or any render thereof in kind, shall have been previously made, the amount or value thereof shall be deducted from the first payment of the said rent-charge. And after reciting that the said Act of the last session of Parliament empowered the said Lord Lieutenant in council to remit the hereinbefore mentioned instalments payable to Her Majesty under the said recited Act, 3 & 4 Will. 4. c. 100, under certain restrictions and regulations, whereof one was, that where the whole or some part of the sums by the said last-mentioned Act added in respect of the advances thereunder to any composition for tithes were found to be payable to the person liable to any such instalment by persons being both the owners and occupiers at the same time of the lands charged with such compositions, such instalment, or so much thereof as should be equivalent to the said sums payable by such persons, should not be remitted; and the said Act provided, that from and against such persons, being such owners and occupiers as aforesaid, the person liable to any such instalment might sue for and recover the sums so added to the said compositions, and remaining due and in arrear from them, by all the ways and means by which compositions for tithes might have been recovered if the said Act of the last session of Parliament had not been passed: And that it is expedient to make further provision for the relief of the persons liable to the said instalments ;— It is Enacted, IV. That anything in the said Act of the last session of Parliament to the contrary notwithstanding, it shall be lawful for the said Lord Lieutenant in council to remit the whole or any part of any such instalment as aforesaid, although the whole or any part of the said sums so added to the said compositions shall be found to be payable to the person liable to such instalment by persons being both the owners and occupiers at the same time of the lands charged with such compositions; provided, however, that so soon as the whole or any part of such instalment shall be remitted by the said Lord Lieutenant in council (whereof the certificate of the clerk of the council shall be sufficient evidence), the right to all sums so added to the said compositions, and remaining due and payable to the person so relieved from such instalment or part thereof, by persons being both the owners and occupiers at the same time of the lands charged with such compositions, shall vest in Her Majesty; and that the like proceedings shall be had for enforcing payment thereof as are in and by the said Act directed to be taken touching all compositions for tithe the right to which is vested in Her Majesty under or by virtue of the provisions thereof; and that all monies so recovered shall be paid into the Bank of Ireland to the credit of the hereinbefore mentioned "Tithe Arrear Account." v. That the provision made by the said Act of the last session of Parliament for the interpretation of certain words and expressions therein shall apply and extend to the like words and expressions in this Act; and that by the expression "Owners and Occupiers at the same Time of the Lands charged with Compositions" (wherever such expression may occur in the said Act or in this Act) shall be understood persons occupying the lands charged with such compositions, and having in the said lands such like estates or interests as would under the provisions of the said Act have made the owners thereof liable to the payment of the rent-charges mentioned therein if such Act had been in force, and such rent-charges payable at the time when such compensation accrued due. VI. That this Act may be amended or repealed by any Act to be passed in this present session of Parliament. CAP. IV. AN ACT to alter the Powers of Jointuring contained in several Acts for purchasing and providing a Residence and Estates for the Duke of Wellington, and to settle certain Articles to go as Heirlooms with the said Estates. (27th March 1859.) 1. The Duke of Wellington to have power to jointure the wife of an heir apparent. II. The estates not to be subject to more than 2,500l. in favour of any one woman at the same time, nor to more than 4,000l. for jointures at one time. III. The services of plate, china, &c. which may be vested in the trustees, to go as heirlooms with the title. IV. In default of heirs of the Duke of Wellington, the services, &c. to go to his executors, &c. V. Act may be amended this session. |