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be by him appointed, which day shall not be less than seven days nor more than fourteen days after the receipt of the writ de coronatore eligendo; and in case the said election be not then determined upon the view, with the consent of the electors there present, but that a poll shall be demanded for determination thereof, then the said shoriff, or in his absence his undersheriff, shall adjourn the same court to eight of the clock in the forenoon of the next day but one, unless such next day but one shall be Saturday or Sunday, and then of the Monday following; and the said sheriff, or in his absence the under-sheriff
, with such others as shall be deputed by him shall then and there proceed to take the said poll in some public place or places by the same sheriff, or his under-sheriffas aforesaid in his absence, or others appointed for the taking thereof as aforesaid; and such polling shall continue for two days only, for eight hours in each day; and no poll shall be kept open later than four of the clock in the afternoon of either of the said days.
xi. That for more conveniently taking the poll at all elections of coroners under the authority of this Act the poll for the election of the coroner in each district shall be taken at the place to be appointed for holding the court for such election, and at such other places within the same district as may for the time being be appointed by the Quarter Sessions.
x11. That at every contested election of coroner for any district of the said county the sheriff, under-sheriff, or sheriff's deputy shall, if required by or on the behalf of any candidate on the day fixed for the election, and, if not so required, may, if it shall appear to him expedient, cause a booth or booths to be erected for taking the toll at the court or principal place of election, and also at each of the polling places within the district hereinbefore directed to be used for the purposes of such election, and shall cause to be affixed on the most conspicuous part of each of the said booths the names of the several parishes, townships, and places for which such booth is respectively allotted ; and no person shall be admitted to vote at any sneh election in respect of any property situate in any parish, township, or place, except at the booth so allotted for such parish, township, or place, and if no booth shall be allotted for the same, then at any of the booths for the same districts; and in case any parish, township, or place, or part of any parish, township, or place, shall happen not to be included in any of the districts, the votes in respect of property situate in any parish, township, or place, or any part of any parish, township, or place, so omitted, shall be taken at the court or principal place of election for such district of the said county. And for the more due and orderly proceeding in the said poll ;
It is Enacted, xut. That the said sheriff, or in his absence the under-sheriff, or such as he shall depute, shall appoint such number of clerks as to him shall seem meet and convenient for the taking thereof, which clerks shall take the said poll in the presence of the said sheriff or his under-sheriff, or such as he shall depute; and before they begin to take the said poll every clerk so appointed shall by the said sheriff or his under-sheriff, or such as he shall depute as aforesaid, be sworn truly and indifferenty to take the same poll, and to set down the names of each elector, and the place of his residence, and for whom he shall poll, and to poll no elector who is not sworn, if required to be sworn by the candidates or either of them; and which oaths of the said clerks, the said sheriff or his under-sheriff, or such as he shall depute, shall have authority to administer; and the sheriff, er in his absence his under-sheriff, as aforesaid, shall appoint for each candidate such one person as shall be noininated to him by each candidate to be inspector of every clerk who shall be appointed for taking the poll; and every elector, before be is admitted to poll at the same election, shall, if required by or on behalf of any candidate, first take the oath hereinafter mentioned; which oath the said sheriff, by bimself or his under-sheriff, or such sworn clerk by him appointed for taking the said poll as aforesaid, shall have authority to administer ; (that is to say), “I swear (or, being one of the People called Quakers, or entitled by Law to make Affirmation, solemnly affirm], That I am a * Freeholder of the County of and have a Freehold Estate, consisting of
within the said County; and that such Freehold Estate has not been granted to me fraudulently or colourably on purpose to qualify 'me to give my Vote at this Election; and that the Place of my Abode is at [and, if it be a Place consisting of me * Streets or Places than One, specifying what Street or Place]; that I am Twenty-one Years of Age, as I believe; and that I have not been before polled at this Election (adding, except in Cases of solemn Affirmations]
'So help me GOD.' xiv. That every elector or other person who shall wilfully and falsely take the said oath or affirmation hereby appointed to be taken by the electors as aforesaid shall for every such offence incur the penalties by law inflicted on persons guilty of perjury; and every person who shall unlawfully and corruptly procure or suborn any freeholder or other person wilfully and falsely to take the said oath or affirmation in order to be polled shall for every such offence incur such pains and penalties as are by law inflicted on persons guilty of subornation of perjury.
xv. That the poll clerks shall, at the close of the poll, inclose and seal their several books, and shall publicly deliver them, so inclosed and sealed, to the sheriff
, under-sheriff, or sheriff's deputy presiding at such poll, who shall give a receipt for the same; and every such deputy who shall have received any such poll-books shall forthwith deliver or transmit the same, so inclosed and sealed, to the sheriff or his under-sheriff, who shall receive and keep all the poll-books unopened until the reassembling of the court on the day next but one after the close of the poll, unless such next day but one shall be Sunday, and then a the Monday following, when he shall openly break the seals thereon, and cast up the number of votes as they appear on the said several books, and shall openly declare the state of the poll, and shall make proclamation of the person chosen, not lates than two of the clock in the afternoon of the said day.
xvi. That all the reasonable costs, charges, and expenses which the said sheriff, or his under-sheriff or other deputy shall expend or be liable to in and about the providing of poll-books, booths, and clerks (such clerks to be paid not more than one guinea each for each day), for the purpose of taking the poll at any such election, shall be borne and paid by the several candidates at such election in equal proportions.
And after reciting that great difficulty and delay is frequently occasioned by the non-attendance of jurors and witnesses summoned to attend the coroner on taking an inquest;
It is Enacted, xv11. That if any person, having been duly summoned as a juror or witness to give evidence upon any coroner's inquest, as well of liberties and franchises contributing to the county rates, as of counties, cities, and boroughs, shall not, after being openly called three times, appear and serve as such juror, or appear and give evidence on such inquest, every such coroner shall be empowered to impose such fine upon every person so making default as he shall think fit, not exceeding 40s. ; and every such coroner shall make out and sign a certificate, containing the name and surname, the residence, and trade or calling of every such person so making default, together with the amount of the fine imposed, and the cause of such fine, and shall transmit such certificate to the clerk of the peace for the county, riding, division, or place in which such defaulter shall reside, on or before the first day of the Quarter Session of the peace then next ensuing, and shall cause a copy of such certificate to be served upon the person so fined, by leaving it at his residence twenty-four hours at the least before the first day of the said next Quarter Session of the peace; and every such clerk of the peace shall copy the fine or fines so certified on the roll on which all fines and forfeitures imposed at such Quarter Session of the peace shall be copied, and the same shall be estreated, levied, and applied in like manner, and subject to the like powers, provisions, and penalties in all respects, as if such fine or bnes had been part of the fines imposed at such Quarter Session : Provided always, that nothing herein contained shall be construed to affect any power now by law invested in the coroner for compelling any person to appear and give evidence before him on any inquest or other proceeding, or for punishing any person for contempt of court in not so appearing and giving evidence, or otherwise.
XFIII. That from and after the passing of this Act in all cases in which any person shall be charged by any coroner's inquisition with the commission of any crime, and shall be subsequently put upon his trial, either on such inquisition, or in pursuance of any bill of indictment found for the same, the coroner before whom such inquisition shall have been found shall be wholly incompetent to act as an attorney in prosecution or defence of such person for such crime, either by himself or his partner (directly or indirectly); and that in all cases in which it shall appear to the Judge before whom such person shall be tried that any coroner shall have so acted contrary to the provision and intention of this Act, such Judge shall impose upon every coroner so offending such penalty, not exceeding 501., as the said Judge shall in his discretion think fit.
xix. That every coroner elected under the authority of this Act, although such coroner may be designated as the coroner for any particular district of a county, and may be elected by the electors of such district, and not by the freeholders of the county at large, shall for all purposes whatsoever, except as hereinafter mentioned, be considered as a coroner for the whole county, and shall have the same jurisdiction, rights, powers, and authorities throughout the said county as if he had been elected one of the coroners of the said county by the freeholders of the county at large.
IX. That, except as aforesaid, every coroner for any county, or any district thereof, or his deputy, after he shall, in pursuance of the provisions of this Act, have been assigned to or elected by the electors of any particular district, shall, except during illness or incapacity, or unavoidable absence as aforesaid of any coroner for any other district, or during a vacancy in the office of coroner for any other district, hold inquests only within the district to or for which he shall have been assigned or elected : Provided always, that the coroner who shall, by himself or deputy, hold any inquest in any other district, save that to which he shall have been assigned or elected as aforesaid, shall, in his inquisition to be returned on such inquest, certify the cause of his attendance and holding such inquest; which certificate shall be conclusive evidence of the illness or incapacity or unavoidable absence as aforesaid of the coroner in whose stead he shall so attend, or of there being a vacancy in the office of coroner for the district in which such inquest shall be holden.
And after reciting that doubts have arisen as to the power of the Justices to order the payment of allowances for travelling in any ease where an inquisition has not been taken, although such coroner has been compelled to travel from his usual place of abode for the purpose of taking an inquisition ;
It is Enacted, XXI. That it shall and may be lawful for the Justices of the Peace in their general or quarter sessions assembled for the county, riding, division, or liberty, where such inquisition would have been taken, or the major part of them, if they shall see fit
, to order the payment of such allowances for travelling to any coroner who shall shew, to the satisfaction of the said Justices, that he had been compelled, in the discharge of his office, to travel from his usual place of abode for the purpose of taking an inquisition, but whích, in the exercise of his discretion, he deemed to be unnecessary, and declined to take.
And after reciting that in cases where the sheriff is a party, or otherwise disqualified to act, and in various other cases, prits and processes in civil actions and suits, and also extents and other process where the Queen is interested, are frequently directed to and executed by the coroner in the place and stead of the sheriff, but the coroner is not in any such case allowed any fee or reward for the execution of any such writs, process, or extents :
It is Enacted, XXII. That in all cases where any writ, process, or extent whatsoever shall be directed to and executed by any coroner or Coroners in the place or stead of any sheriff or sheriffs, such coroner or coroners shall have and receive such and the same poundage fees or other compensation or reward for executing the same as the sheriff or sheriffs, if he or they had executed the same, would have been entitled to receive for so doing, and shall also have such and the same right to retain, and all other remedies for the recovery of the same, as the sheriff or sheriffs would have had in whose place and stead such coroner or coroners shall have been substituted; and if the fees or compensation payable to the sheriffs shall at any time after the passing of this Act be increased by Act of Parliament or otherwise, that in every such case the coroner or coroners shall be entitled to ench increased fees or compensation.
And after reciting that by an Act, 6 & 7 Vict. c. 12, intituled, · An Act for the more convenient holding of Coroners Inquests,' it was enacted, that for the purpose of holding coroners inquests every detached part of a county, riding, or division shall be deemed to be within that county, riding, or division by which it is wholly surrounded, or where it is partly surrounded,
by two or more counties, within that one with which it has the longest common boundary: And that as to some such detached parts of counties, ridings, or divisions there were at the time of the passing of the last-mentioned Act coroners appointed expressly for and having jurisdiction in such detached parts only, and doubts have arisen whether such last-mentioned coroners were superseded by such last-mentioned Act:
It is Enacted, XXI. That as to every such detached part of any county for which at the time of the passing of the said last-mentioned Act there was a coroner appointed for and acting in such detached part such last-mentioned coroner shall (if now living, and not having resigned or been removed from his office otherwise than by the operation of the said Act,) continue to hold and exercise his former office and jurisdiction within such detached part for so long a time and in such manner as such coroner would bare held and exercised the said office and jurisdiction if the said last-mentioned Act had not passed.
xxiv. That the treasurer of every county shall keep an account of all expenses occasioned to such county by any inquest in or with respect to any such detached part of any other county, and shall twice in every year send a copy of such account to the treasurer of the other county to which such detached part belongs; and the treasurer of such other county shall, out of the monies in his hands as treasurer, pay the same to the order of the treasurer sending the account, with all reasonable charges of making and sending the account; and in case any difference shall arise concerning the said account, and such difference shall not be adjusted by agreement, it shall be lawful for either of the parties to apply to the Justices of Assize of the last preceding circuit or of the next succeeding circuit, or to one of such Justices, who shall, by writing under their or his hands or hand, nominate a barrister-at-law, not having any interest in the question, to arbitrate between the parties; and such arbitrator may, if he shall see fit, adjourn the hearing from time to time, and require all such further information to be afforded by either of the parties as shall appear to him necessary, and shall by his award in writing determine the matters in difference; and his award shall be final and conclusive between the parties; and such arbitrator shall also assess the costs of the arbitration, and shall direct by whom and out of what fund the same shall be paid.
xxv. That no coroner of the Queen's household and the verge of the Queen's Palaces, nor any coroner of the Admiralty, nor any coroner of the city of London and borough of Southwark, or of any franchises belonging to the said city, nor any coroner of any city, borough, town, liberty, or franchise which is not contributory to the county rates, or within which such rates have not been usually assessed, shall be entitled to any fee, recompence, or benefit given to or provided for coroners by this Act; but that it shall be lawful for all such coroners as are last-mentioned to have and receive all such sees, salaries, wages, and allowances as they were entitled to by law before the making of this Act, or as shall be given or allowed to them by the person or persons by whom they have been or shall be appointed.
xxvi. That the provisions of this Act touching the allowance for the travelling expenses of coroners shall be deemed and taken to extend to coroners appointed and acting for the jurisdiction of the Cinque Ports, anything hereinbefore contained to the contrary notwithstanding.
xxvii. That nothing in this Act contained touching the divisions of counties into districts, or the appointment or election of coroners shall extend to the county of Chester, or any county palatine, city, borough, town, liberty, franchise, part, or place the appointment or election of coroner whereof takes place by law otherwise than under the writ De coronatore eligendo.
xxvIII. That in construing this Act the word “County" shall be taken to mean, county, riding, or division of a county in and for which a separate coroner hath been customarily elected; and that in the counties of York and Lincoln all things hereinbefore directed to be done by and with respect to the Justices in general or quarter sessions assembled, and by their clerk, shall be done by and with respect to the Justices of the said counties of York and Lincoln in general gaol sessions assembled, and by their clerk.
xxix. Provided, declared and enacted, That nothing herein contained shall be construed to abridge or affect the royal prerogative, or the authority of the Lord Chancellor, for issuing a writ De coronatore eligendo as fully as if this Act had not been passed.
xxx. That this Act shall extend only to England. XXXI. That this Act may be amended or repealed by any Act to be passed during the present session of Parliament.
CAP. XCIII. AN ACT to enable Barristers appointed to arbitrate between Counties and Boroughs to submit a Special Case to the Superior Courts.
(9th Angust 1844.)
ABSTRACT OF THE ENACTMENTS. 1. Arbitrating barrister, upon receiving a requisition in writing from treasurer of the county or visiting Justices of the prison, dt.
may state a special case, touching any matter referred to him, for the opinion of a superior court. 2. In case barrister die before making his award another one to be chosen.
By this Act, After reciting that by 5 & 6 Will. 4. c. 76, and 5 & 6 Vict c. 98, provision was made for the appointment of barristers-atlaw to arbitrate in cases of difference concerning certain accounts and the amounts of certain expenses therein mentioned : And that it is expedient that the treasurer of the county, the visiting Justices of the prison, and the council of the borough, or any of them, affected by any award which may be made by any barrister under the authority of either of the said Acts, should be enabled to obtain in a summary way the opinion of one of the superior courts of common law at Westminster upon any point of law arising out of any of the matters referred to such barrister :
It is Enacted, 1. That in any case in which a barrister-at-law shall have been or shall hereafter be named, as in the said recited Acts or either of them is mentioned, to arbitrate between the parties, such barrister-at-law, upon the requisition in writing of the treasurer of the county, or of the visiting Justices of the prison, or of the town clerk of the borough, on behalf of the council of the borough who shall be interested in the decision of such barrister, shall be empowered, if he shall think fit, before making his award, to state one or more special case or cases touching any of the matters referred to such barrister-at-law for the opinion of such one of the superior courts of common law at Westminster as he shall direct, or to raise in any award to be at any time made by him any question or questions for the opinion of such Court; and such Court shall hear and determine the matter according to the practice of the court upon special cases, and make such order as to the costs, and by and to whom and in what manner the same shall be paid or borne, as to such Court shall seem meet, and the decision of the Court shall be binding on such barrister in making his award.
II. And it is declared and enacted, That in case any barrister who shall have been or shall hereafter be named, in pursuance of the said recited Acts or either of them, or of this Act, shall die, or refuse to act, or be disabled from acting, either from ceasing to practise as a barrister or for any other reason, before making his award, the several parties in the said several Acts mentioned shall be authorized and required to name another barrister-at-law for all the purposes in the said several Acts mentioned, or any of them, in like manner as if no appointment had been made under the same; and the barrister so newly named shall have the same authority to decide the matters in difference as if no other appointment had been made ; and in every such case in which, before the passing of this Act, a second barrister has been appointed to settle or determine any matters in difference, left unsettled or undetermined by the barrister first appointed for that purpose, the appointment of such second barrister shall be deemed good, and the barrister so secondly appointed shall be deemed to have and to have had from his appointment the same authority as if appointed under this Act.
AN ACT to explain and amend an Act for making better Provision for the Spiritual Care of populous Parishes.
(9th August 1844.)
ABSTRACT OF THE ENACTMENTS.
1. Crown may nominate ministers by warrant under sign manual.
9. Bounds of districts may be varied within limited time.
By this Act, After reciting the passing of 6 & 7 Vict. c. 37, and that it is expedient to explain and amend certain of the provisions of the said Act ;
It is Enacted, 1. That wherever any right of patronage of any district or new parish constituted under the authority of the said Act, and nomination of the minister or perpetual curate thereof, shall be assigned to or vested in or may be exercised by Her Majesty, according to or under the provisions of the same Act, it shall be lawful for Her Majesty to nominate to the bishop of the diocese a spiritual person to be licensed to such district or new parish as minister or perpetual curate thereof, as the case may be, by warrant under her royal sign manual; and such warrant shall be full and sufficient authority to such bishop to license such spiritual person accordingly.
1. And it is declared and enacted, That wherever any right of patronage of any such district or new parish shall in like manner be assigned to or vested in or may be exercised by any bishop, it shall be lawful for such bishop to license a spiritual person to such district or new parish as minister or perpetual curate thereof, as the case may be, in the same manner, mutatis mutandis, as he may now by law license a spiritual person to any perpetual curacy.
111. Provided and enacted, That no fee whatever shall be payable for or in respect of any such warrant as aforesaid ; and that a fee of 1l., and no more, shall be receivable by the secretary of any bishop for and in respect of each and every licence granted by such bishop of a spiritual person as minister or perpetual curate of any such district or new parish as aforesaid, or of any building licensed by such bishop within any such district for the performance of Divine Service, pursuant to the provisions of the said Act; and no further or larger fee or gratuity shall be receivable by any person whomsoever for or in respect of the making, issuing, or granting of any such licence as aforesaid.
iv. And it is declared and enacted, That wherever any incumbent or patron to whom, according to the provisions of the said recited Act, it shall be necessary to transmit or deliver the draft of any scheme proposed to be laid before Her Majesty in council, shall be beyond the seas, it shall be and be deemed to be a sufficient compliance with such provisions to leave such draft, in the case of an incumbent, at the house of residence belonging to his benefice or church, or if there be no such house of residence then at his last usual place of abode in England, and in the case of a patron at his last usual place of abode in England: Provided always, that in any such case of an absent incumbent or patron such scheme shall not be laid before Her Majesty in council until after the expiration of two calendar months from the day on which the draft thereof shall have been so left, unless such incumbent and patron shall in the meantime consent to the same.
v. And it is declared and enacted, That in the case of any such incumbent being an idiot or lunatic or of unsound mind, or of any benefice or church being under sequestration, or of the duties thereof being performed by a curate duly appointed in consequence of the suspension or the reputed incapacity of the incumbent thereof, it shall be and be deemed to be a sufficient compliance with the same provisions to deliver or transmit the draft of any such scheme to the committee of such idiot, lunatic, or person of unsound mind, or to the sequestrator, or to such curate of such benefice or church, as the case may be ; and the consent of such committee, sequestrator, or curate shall be deemed to be the consent of the incumbent, within the ineaning of the said Act.
vi. And it is declared and enacted, That in any case in which the patronage of any church or chapel of any parish, chapelry, or district is or shall be vested in and exercised by the inhabitants generally of such parish, chapelry, or district, or by any body or class of persons exceeding five in number, it shall be and be deemed to be a sufficient compliance with the same provisions to deliver or transmit the draft of any such scheme to one of such patrons, and to the churchwardens or chapelwardens of any such church or chapel, as the case may be; and such churchwardens or chapelwardens, or one of them, shall thereupon cause notice of the contents of such draft to be given to such patrons, and shall ascertain their objections, if any, or their consent to such scheme, in such manner as the Ecclesiastical Commissioners for England shall direct, and such churchwardens or chapelwardens, or one of them, shall communicate the same to the said Commissioners or to the bishop of the diocese; and the said Commissioners shall not lay such scheme before Her Majesty in council until after the expiration of two calendar months from the day on which such draft shall have been so delivered or transmitted, unless such consent shall in the meantime be given.
vii. And it is declared and enacted, That in the construction of the said recited Act the words “goods and chattels” shall be construed to extend to and comprehend all personal estate and property whatsoever; and the word " testament shall be construed to extend to and comprehend any will or testamentary paper whatsoever, including under such definition the execu. tion by any such will, testament, or testamentary paper of any appointment, in pursuance of any power, howsoever conferred or acquired.
viu. And it is declared and enacted, That, notwithstanding anything in the said recited Act contained, it shall be lawful to transmit the original map or plan annexed to any scheme laid before Her Majesty in council under the provisions of the said recited Act, to be registered in the registry of the diocese, instead of a copy thereof, as provided by the same Act.
IX. And it is declared and enacted, That it shall be lawful, by the authority in the said recited Act provided, at any time or times within twelve months after the date of the licence of the minister first licensed to any separate district constituted under the provisions of the same Act, to alter the bounds of such district, although any alteration be not required with a view to the constituting of another separate district; provided always, that the scheme for making any such alteration shall be subject to all the provisions in the same Act and in this Act contained relating to schemes for constituting separate districts thereunder; and that any portion of any such separate district which by any such alteration as aforesaid shall beconze detached or excluded therefrom shall to all intents and purposes again belong to and form part of the parish, chapelry, or district out of which such portion was taken, upon such separate district being originally constituted, or to and of any Den district, as shall be determined by the like authority.
x. And it is declared and enacted, That in the case of any district constituted under the provisions of the said recited Act nothing contained in the scheme or order for constituting the same shall in any manner whatever affect any parish, chapelry, or district, as to the pastoral superintendence of the inhabitants thereof or otherwise, until a minister shall have been duly licensed to such newly constituted district.
x1. That any grant, conveyance, or assurance which shall be made to the said Commissioners by deed, under the authority of the said recited Act, of any lands, tithes, tenements, or other hereditaments, may be made according to the form in the Schedule hereunto annexed contained, or as near thereto as the circumstances of the case will admit; and every such conveyance and assurance shall be valid and effectual in the law to all intents and purposes.
XII. That this Act may be amended or repealed by any Act to be passed during this present session of Parliament.