Her Majesty, and remunerated by funds for that purpose appropriated by some Act of Parliament: Provided always, that if at any time any such gaol or place of safe custody shall be used for the imprisonment of any other offenders jointly with such convicts as aforesaid, then such gaol or place of safe custody shall be taken to be a convict establishment within the meaning of this Act and the said recited Act, so far only as relates to such convicts as aforesaid. And after reciting that doubts have arisen as to the manner in which the declaration required by the said recited Act to be made in certain cases by candidates at the election of a member of the legislative council is to be made by candidates not present at the election ; It is Enacted, II. That so much of the said recited Act as renders any such candidate incapable of being elected until he shall have made such declaration shall be repealed. III. That every elective member of the said legislative council, before he shall sit or vote in the said council after the election of a Speaker, shall make the said declaration in writing under his hand, by delivering to the clerk of the council, at the place where and while the council is sitting, with the Speaker in the chair, a paper signed by such member containing the said declaration, and also a statement of the county or counties in which the lands or tenements are situated out of which his qualification arises, with such other description thereof as may serve to identify the same, and the nature of his estate or interest therein or in the rents and profits thereof; and the said papers shall be filed and kept by the clerk with the other records of his office; and every elective member of the said council who shall sit and vote in the said council after the election of a speaker before making such declaration as aforesaid shall be liable, for every day on which he shall so offend, to a penalty of 2001; and if he shall not be qualified according to the true intent and meaning of the said recited Act, his election shall be void, and a new writ shall be issued to elect another member in his stead. And after reciting that by the said recited Act it is amongst other things enacted, that the treasurer of each district council of the said colony to whom any such warrant as therein mentioned shall come shall pay the amount mentioned in the warrant out of any monies in his hands belonging to the district, or, if there be no monies or an insufficient sum in his hands, the district council shall assess and levy the amount by a fair and equal rate upon all property within the district which the legislative council, or, until a bill for that purpose shall have been passed by the legislative council, and assented to by the governor, with the advice of his executive council, shall declare to be liable thereunto: And that the said recited enactment hath, by the accidental omission therein of certain words, been rendered obscure and ineffectual for the purposes thereof;— It is Enacted, IV. That the said last-recited enactment shall be repealed. V. That the treasurer of each district council of the said colony of New South Wales to whom any such warrant as in the said recited Act mentioned shall come shall pay the amount mentioned in the warrant out of any monies in his hands belonging to the district, or, if there be no monies or an insufficient sum in his hands, the district council shall assess and levy the amount by a fair and equal rate upon all property within the district which the legislative council, or (until a bill for that purpose shall have been passed by the legislative council, and assented to by the governor), which the governor, with the advice of his executive council, shall declare to be liable thereunto. And after reciting that it is by the said Act amongst other things provided, that it shall be lawful for the governor and legislative council of the said colony, in exercise of the powers to them respectively granted by the said Act, and in the manner and subject to the rules thereinbefore prescribed, to repeal, vary, or alter all or any part of the Acts therein recited, or any of them, or any law or ordinance made in pursuance thereof: And that doubts may arise whether the colony mentioned in the last said recited enactment is the colony of New South Wales or the colony of Van Diemen's Land : It is Declared and Enacted, VI. That by the colony in the said last recited enactment mentioned is and shall be understood the colony of New South Wales, and not the colony of Van Diemen's Land. And after reciting that by the said recited Act it is provided, that certain bills shall in every case be reserved by the governor for the signification of Her Majesty's pleasure thereon, and the intent of such provision was to ensure that such bills as aforesaid should not be assented to by the governor without due consideration ; It is Enacted, VII. That it shall not be necessary for the governor to reserve any such bill for the signification of Her Majesty's pleasure thereon from which in the exercise of his discretion, as limited in the said recited Act, he shall declare that he withholds Her Majesty's assent, or to which he shall have previously received instructions on the part of Her Majesty to assent, and to which he shall assent accordingly. VIII. That by the word "governor," as employed in this Act, shall be understood the person for the time being lawfully administering the government of the said colony of New South Wales. IX. That this Act shall be proclaimed by the governor of New South Wales within six weeks after a copy of it shall have been received by him, and shall take effect within the said colony from the day of the proclamation thereof. x. That this Act may be amended or repealed by any Act to be passed in this session of Parliament. VOL. XXII-STAT. T CAP. LXXV. AN ACT to defray until the First Day of August One thousand eight hundred and forty-five the Charge of the Pay, Clothing, and contingent and other Expenses of the Disembodied Militia in Great Britain and Ireland; to grant Allowances in certain Cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates, and Serjeant Majors of the Militia; and to authorize the Employment of the Non-commissioned Officers. (6th August 1844.) This Act contains the following clauses: 1. Secretary at War to issue the money required for pay of regular militia.-Rates of pay.-Rates of pay when absent on furlough. Clothing.-Contingent fund. II. Adjutant, &c. to reside where the Secretary at War shall appoint. 111. Adjutants and non-commissioned officers of militia may be employed in their counties. IV. Adjutant to have charge of the arms and clothing, and to issue the money for contiugent expenses on an order signed by the colonel.-Balance to form a stock purse. v. In absence of the adjutant, the serjeants to be under the command of the serjeant major. VI. Militia when called out for training or exercise entitled to pay. VII. Allowances to subalterns and surgeons mates and assistant surgeons.-Rank of certain officers. VIII. Certain persons not entitled to allowances. IX. A declaration to be taken to entitle officers, &c. to such allowances.-Form of declaration. x. Allowances to officers reduced in 1829. XI. A declaration to be taken by officers claiming the said allowances.-Form of declaration. XII. Out-pension to reduced non-commissioned officers and drummers not to be received while serving. XIII. Subalterns, mates, &c. to attend the exercise, &c.-Commanding officer may grant leave of absence. XIV. If the regiment be not called out before the time fixed for the payment, the allowance shall be paid, on making the declaration, without certificate of attendance. xv. Allowances to be paid quarterly. XVI. On neglect of attendance, subalterns, &c. shall forfeit their claim to the allowance. XVII. Allowance not to be paid while the militia is embodied. XVIII. Persons on half-pay, or entitled to allowance as having served in the army or navy, empowered to receive pay, &c. during training. XIX. Adjutants, &c., non-commissioned officers or privates, not to lose their right to Chelsea pensions, &c. xx. Allowance to be made for medicines. XXI. Adjutants appointed before the 24th of December 1814 entitled to receive, after a service of twenty years, if unfit for further service, an allowance of 8s. per day; provided they do not hold certain other appointments.-Adjutants appointed since the 24th of December 1814 entitled to receive, after thirty years service, &c. an allowance of 6s. per day.-Right to half-pay reserved.—Certain terms extended to adjutants in cases of long and meritorious services. XXII. Allowances to adjutants, surgeons, and quarter-masters.—Right to half-pay reserved. XXIII. Reduced adjutants to receive 4s. per day till the 31st of July 1845.-Right to half-pay reserved. XXIV. Adjutants and serjeant majors entitled to allowance under 39 & 40 Geo. 3. c. 44. xxv. Reduced adjutants may take such allowance with any pay or other allowance under 39 & 40 Geo. 3. c. 44. and 26 Geo. 3. c. 107.-Proviso. XXVI. Restrictions as to allowances to reduced adjutants of the local militia. XXVII. Allowances to clerks of general and subdivision meetings in England.-Allowances to such officers and others in Scotland. XXVIII. Manner of granting allowances.-Clerks, &c. to make declaration of the justness of their accounts. XXIX. Deputy lieutenants may require the attendance of any surgeon residing near the place of meeting for appeals.Declaration to be made by surgeon.-Allowance to surgeon. xxx. Pay, &c. to be issued under directions of the Secretary at War. XXXI. Bills drawn for pay, &c. may be on unstamped paper. XXXII. No fee to be taken. XXXIII. Expense of house for depositing arms and stores of the militia in Ireland, &c. to be defrayed by the county.-Pro viso as to amount of rent. XXXIV. All things in this Act relating to counties shall extend to ridings, shires, &c. XXXV. Continuance of Act. CAP. LXXVI. AN ACT to simplify the Transfer of Property. ABSTRACT OF THE ENACTMENTS. (6th August 1844.) 1. Meaning of words defined :—' Land,' 'freehold,' 'conveyance,' 'person,' number and gender. 2. Freehold land may be conveyed by deed without livery of seisin or prior bargain and sale. 3. Partitions, exchanges, and assignments to be by deed. 4. Leases and surrenders in writing to be by deed. 5. Contingent interests may be conveyed by deed. 6. No implied warranty to be created by 'grant' or 'exchange.' 7. No conveyances to operate by wrong, or have greater effect than a release. 8. Contingent remainders abolished.-Executory devises or estates.-Existing contingent remainders to continue. 9. Executor or administrator of mortgagee empowered, on discharge of mortgage, to convey the legal estate vested in the heir or devisee. 10. Receipts of trustees to be effectual discharges. 11. Indenting a deed unnecessary. 12. The remedies for the rent and covenants in a lease not to be extinguished by the merger of the immediate reversion. 13. Act to commence from the 31st of December 1844. 14. Act not to extend to Scotland. 1. That the words and expressions hereinafter mentioned which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say,) the word "land" shall extend to manors, advowsons, messuages, lands, tithes, tenements, and hereditaments, whether corporeal or incorporeal, and to any undivided share thereof, and to any estate or interest therein, and to money subject to be invested in the purchase of land or any interest therein; the word "freehold" shall extend to customary freehold, or such customary land as will pass by deed, or deed and surrender, and not by surrender alone; the word "conveyance" shall extend to a feoffment, grant, release, surrender, or other assurance of freehold land; the word "person" shall extend to a corporation as well as an individual; and every word importing the singular number only shall extend and be applied to several persons or things as well as to one person or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. II. That every person may convey by any deed, without livery of seisin, or inrolment, or a prior lease, all such freehold land as he might before the passing of this Act have conveyed by lease and release; and every such conveyance shall take effect as if it had been made by lease and release: Provided always, that every such deed shall be chargeable with the same stamp duty as would have been chargeable if such conveyance had been made by lease and release. III. That no partition or exchange or assignment of any freehold or leasehold land shall be valid at law unless the same shall be made by deed. IV. That no lease in writing of any freehold, copyhold, or leasehold land, or surrender in writing of any freehold or leasehold land, shall be valid as a lease or surrender unless the same shall be made by deed; but any agreement in writing to let or to surrender any such land shall be valid and take effect as an agreement to execute a lease or surrender; and the person who shall be in the possession of the land in pursuance of any agreement to let may, from payment of rent or other circumstances, be construed to be a tenant from year to year. v. That any person may convey, assign, or charge by any deed any such contingent or executory interest, right of entry for condition broken, or other future estate or interest as he shall be entitled to, or presumptively entitled to, in any freehold or copyhold or leasehold land, or personal property, or any part of such interest, right, or estate respectively; and every person to whom any such interest, right, or estate shall be conveyed or assigned, his heirs, executors, administrators, or assigns, according to the nature of the interest, right, or estate, shall be entitled to stand in the place of the person by whom the same shall be conveyed or assigned, his heirs, executors, administrators, or assigns, and to have the same interest, right, or estate, or such part thereof as shall be conveyed or assigned to him, and the same actions, suits, and remedies for the same, as the person originally entitled thereto, his heirs, executors, or administrators, would have been entitled to if no conveyance, assignment, or other disposition thereof had been made; provided that no person shall be empowered by this Act to dispose of any expectancy which he may have as heir, or heir of the body inheritable, or as next-of-kin, under the statutes for the distribution of the estates of intestates of a living person, nor any estate, right, or interest to which he may become entitled under any deed thereafter to be executed, or under the will of any living person, and no deed shall by force of this Act bar or enlarge any estate tail: Provided also, that no chose in action shall by this Act be made assignable at law. VI. That neither the word "grant" nor the word "exchange" in any deed shall have the effect of creating any warranty or right of re-entry, nor shall either of such words have the effect of creating any covenant by implication, except in cases where by any Act of Parliament it is or shall be declared that the word "grant" shall have such effect. VII. That no conveyance shall be voidable only when made by feoffinent or other assurance where the same would be absolutely void if made by release or grant; and that no assurance shall create any estate by wrong, or have any other effect than the same would have if it were to take effect as a release, surrender, grant, lease, bargain and sale, or covenant to stand seised (as the case may be). VIII. That after the time at which this Act shall come into operation no estate in land shall be created by way of contingent remainder; but every estate which before that time would have taken effect as a contingent remainder shall take effect (if in a will or codicil) as an executory devise, and (if in a deed) as an executory estate of the same nature and having the same properties as an executory devise; and contingent remainders existing under deeds, wills, or instruments executed or made before the time when this Act shall come into operation shall not fail, or be destroyed or barred, merely by reason of the destruction or merger of any preceding estate, or its determination by any other means than the natural effluxion of the time of such preceding estate, or some event on which it was in its creation limited to determine. IX. That when any person entitled to any freehold or copyhold land by way of mortgage has or shall have departed this life, and his executor or administrator is or shall be entitled to the money secured by the mortgage, and the legal estate in such land is or shall be vested in the heir or devisee of such mortgagee, or the heir, devisee, or other assign of such heir or devisee, and possession of the land shall not have been taken by virtue of the mortgage, nor any action or suit be depending, such executor or administrator shall have power, upon payment of the principal money and interest due to him on the said mortgage, to convey by deed or surrender (as the case may require) the legal estate which became vested in such heir or devisee; and such conveyance shall be as effectual as if the same had been made by any such heir or devisee, his heirs, or assigns. x. That the bona fide payment to and the receipt of any person to whom any money shall be payable upon any express or implied trust or for any limited purpose, or of the survivors or survivor of two or more mortgagees or holders, or the executors or administrators of such survivor, or their or his assigns, shall effectually discharge the person paying the same from seeing to the application or being answerable for the misapplication thereof, unless the contrary shall be expressly declared by the instrument creating the trust or security. XI. That it shall not be necessary in any case to have a deed indented; and that any person, not being a party to any deed, may take an immediate benefit under it in the same manner as he might under a deed poll. XII. That where the reversion of any land, expectant on a lease, shall be merged in any remainder or other reversion or estate, the person entitled to the estate into which such reversion shall have merged, his heirs, executors, administrators, successors, and assigns, shall have and enjoy the like advantage, remedy, and benefit against the lessee, his heirs, successors, executors, administrators, and assigns, for nonpayment of the rent, or for doing of waste or other forfeiture, or for not performing conditions, covenants, or agreements contained and expressed in his lease, demise, or grant, against the lessee, farmer, or grantee, his heirs, successors, executors, administrators, and assigns, as the person who would for the time being have been entitled to the mesne reversion which shall have merged would or might have had and enjoyed if such reversion had not been merged. XIII. That this Act shall commence and take effect from the 31st of December 1844, and shall not extend to any deed, act, or thing executed or done, or (except so far as regards the provisions hereinbefore contained as to existing contingent remainders) to any estate, right, or interest created, before the 1st of January 1845. XIV. That this Act shall not extend to Scotland. CAP. LXXVII. AN ACT to amend so much of an Act of the Fifth and Sixth Years of His late Majesty as relates to the Salary of the Clerk of the Crown in Chancery; and to make other Provisions in respect of the said Office. ABSTRACT OF THE ENACTMENTS. (6th August 1844.) 1. Part of recited Act repealed.-Salary of 1,000l. per annum to be paid to the Clerk of the Crown, 2. Officers, clerks, &c. entitled to superannuation out of Fee Fund. 3. Deficiency of Fee Fund to be paid out of Consolidated Fund. By this ACT, After reciting 5 & 6 Will. 4. c. 47, intituled 'An Act to repeal so much of an Act passed in the Third and Fourth Years of his present Majesty as relates to the Salary granted to the Clerk of the Crown in Chancery; and to make other Provisions in relation to the said Office,' the salary of the Clerk of the Crown in Chancery was fixed at 5001. per annum for the duties of the said office: And that increased business and responsibility have been imposed upon the said officer since the passing of the said recited Act, and the salary now allowed to him is not considered to be commensurate with the importance of the office and the extent of its responsibility : It is Enacted, 1. That so much of the said recited Act by which the yearly salary of 500l. was granted to the said Clerk of the Crown in Chancery shall be and the same is hereby repealed; and instead and in lieu thereof there shall be paid to the said Clerk of the Crown in Chancery for the time being the salary of 1,000l. per annum, which shall be issued and payable out of, and be charged and chargeable upon, the same fund as the before-mentioned yearly salary of 500l. was directed to be issued out of, and made chargeable upon, by the said recited Act; and the said salary of 1,000l. per annum shall commence and be payable from the 1st of July 1844. 11. That every officer, clerk, and messenger now in the Crown Office in Chancery, or who may hereafter be appointed in the said office, shall, in case of his becoming incapable, by reason of infirmity of mind or body, to perform the duties of his office, be entitled to receive such superannuation allowance as the Commissioners of Her Majesty's Treasury shall direct; and in ascertaining and awarding the amount of such superannuation allowance the said Commissioners shall take into consideration the whole period during which any such person shall have been permanently employed in the Crown Office or in any other public office or situation prior to the passing of this Act, and shall proceed according to the principles laid down by an Act, 4 & 5 Will. 4. c. 24, intituled 'An Act to alter, amend, and consolidate the Laws for regulating the Pensions, Compensations, and Allowances to be made to Persons in respect of their having held Civil Offices in His Majesty's Service;' and the allowances which shall be so awarded and granted by way of superannuation, under the authority aforesaid, shall be paid out of the Fee Fund of the said office, in the same way as the salaries of the clerks and the other incidental expenses of the office are now paid; and every officer, clerk, or messenger who shall hereafter be appointed in the said office shall be subject to the deduction from his salary which is imposed by the said Superannuation Act; and the sums so deducted shall from time to time be carried to and made part of the Fee Fund of the said office. III. That if the Fee Fund of the said office of Clerk of the Crown in Chancery shall at any time hereafter prove insufficient to defray the salaries of the clerks, and the superannuation allowances hereby made chargeable upon the said fund, and the incidental and necessary expenses of the office, it shall be lawful for the said Commissioners of Her Majesty's Treasury, or any three of them, and they are hereby authorized and required, from time to time to direct the amount of such deficiency to be charged upon and paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, into which fund the surplus fees and emoluments of the said office are now paid, according to the provisions of the before-recited Act, 5 & 6 Will. 4. c. 47. CAP. LXXVIII. AN ACT to continue for One Year an Act of the Second and Third Years of Her present Majesty, intituled An Act to extend and render more effectual for Five Years an Act passed in the Fourth Year of His late Majesty George the Fourth, to amend an Act passed in the Fiftieth Year of His Majesty George the Third, for preventing the administering and taking unlawful Oaths in Ireland. - By this ACT, 2 & 3 Vict. c. 74. is continued for one year from the said 1st of September in this present year. (6th August 1844.) CAP. LXXIX. AN ACT to appoint additional Commissioners for executing the Acts for granting a Land Tax and other Rates and Taxes. ABSTRACT OF THE ENACTMENTS. 1. Appointment of additional Commissioners. (6th August 1844.) |