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SCHEDULE. I (or We, or the Corporate Title, if a Corporation), under the Authority of Acts passed in the Sessions of Parliament held in the Sixth and Seventh and Seventh and Eighth Years of the Reign of Her present Majesty, intituled respectively, “An Act to make better Provision for the Spiritual Care of populous Parishes,” and “An Act to explain and amend an Act to make " better Provision for the Spiritual Care of populous Parishes," do by these Presents freely and voluntarily, and without any valuable Consideration, give, grant, convey, and assure to the Ecclesiastical Commissioners for England all [describe the Premises to be conveyed), and all [my, or our, or the] Right, Title, and Interest [of, if a Corporation,) to and in the same and every Part thereof, to hold to the said Commissioners and their Successors for the Purpose of [describe the particular Pretpose, being some Purpose within the Provisions of the said Acts, or say, generally, for the Purposes of the said Acts). In witness whereof, &c.
AN ACT to amend an Act of the Ninth Year of King George the Fourth, for the Preservation of the Salmon Fisheries in Scotland.
(9th August 1844.)
ABSTRACT OF THE ENACTMENTS.
1. Persons fishing for salmon within one mile of the shore, not having a legal right or permission, liable to penalty.
By this Act, After reciting the passing of 9 Geo. 4. c. 39: And that it is expedient to prevent the destruction of salmon, or fish of the salmon kind, in the sea or shores thereof: And that doubts are entertained of the provisions of the said Act being applicable to the sea or sea shore:
It is Enacted, 1. That if any person not having a legal right or permission from the proprietor of the salmon fishery shall from and after the passing of this Act wilfully take, fish for, or attempt to take, or aid or assist in taking, fishing for, or attempting to take, in or from any river, stream, lake, water, estuary, firth, sea loch, creek, bay, or shore of the sea, or in or upon any part of the sea, within one mile of low-water mark, in Scotland, any salmon, grilse, sea trout, whitling, or other fish of the salmon kind, such person shall forfeit and pay a sum not less than 10s. and not exceeding 51. for each and every such offence, and shall, if the sheriff or Justices shall think proper, over and above, forfeit each and every fish so taken, and each and every buat, boat tackle, net, or other engine used in taking, fishing for, or attempting to take fish as aforesaid ; and it shall be lawful for any person employed in the execution of this Act to seize and detain all fish so taken, and all boats, tackle, nets, and other engines so used, and to give information thereof to the sheriff or any Justice of the Peace, and such sheriff or Justice may give such orders concerning the immediate disposal of the same as may be necessary.
11. That the regulations as to the recovery and application of penalties and the apprehension of offenders, and all other enactments and provisions of the said recited Act, shall extend and apply to what is herein above enacted, and this Act shall be construed and applied in the same manner and in all respects as if it had formed part of the said recited Act.
ul. That nothing herein contained shall be construed as depriving any proprietor of salmon fishery of any right now by law vested in such proprietor to prevent any person from fishing either within or beyond the limits specified in this Act.
Iv. That nothing herein contained shall affect the rights or property of the Crown.
AN ACT to amend the Law of Insolvency, Bankruptcy, and Execution.
(9th August 1844.) [This Act is printed in the Appendix, p. ii.]
(9th August 18H.)
ABSTRACT OF THE ENACTMENTS.
1. Recited Acts repealed, save as to anything done before commencement of this Act. 2. Commissimers of charitable donations and bequests for Ireland appointed. 3. Removal and appointment of such Commissioners. 4. How many Commissioners may act. 5. Chairman of Commissioners. 6. Religious questions to be referred to committees. 7. Appointment of officers. 8. Salaries and expenses. 9. Minutes of proceedings to be kept. 10. Commissioners to report. 11. Property, &c. belonging to body corporate created by recited Act, 40 Geo. 3. (1.) vested in Commissioners under this Act. 12. Commissioners may sue for recovery of charitable donutions, fc. withheld, &c.—Proceedings not to be undertaken till subunitted
to Attorney or Solicitor General, 13. Actions not abated by dissolution of corporation created by 40 Geo. 3, but same may be prosecuted by Commissioners under this Act. 14. Commissioners not to pay costs to attornies, fc. unless amount approved by the Treusury. 15. Persons ur bodies may by deed vest lands, fc. in the Commissioners, in trust for Roman Catholic ministers in Ireland. 16. Deeds to be registered. 17. Archbishops, fc. not to alien or demise lands, &c. enjoyed by them under this Act. 18. Commissioners of charitable donations, fc. may lease said lands, &c. with consent of Archbishop, &c. of church of Rome. 19. Vicar-general and Registrar of Prerogative Court to make return to Commissioners of Charitable Donations, fc. of acry
charitable donation contained in any will entered in the office of such vicur-general, 8c. 20. Accounts of the Commissioners to be audited by chief or second remembrancer of the Exchequer in Ireland; 21. Who may examine persons on oath respecting such accounts. 22. Commencement of Act. 23. Act inuy be amended this session.
By this Act, After reciting that it is expedient that the pious intentions of charitable persons should not be defeated by the concealment and misapplication of their donations and bequests to public and private charities in Ireland: and that the provisions of 3 Geo. 3. (1.) and 40 Geo. 3. (1.) have been found insufficient for such purposes; and it is expedient and necessary that provision should be made for the better management of such charitable donations and bequests as have been beretofore made, and such as hereafter may be made :
It is Enacted, 1. That from and after the commencement of this Act the herein before recited Acts shall be repealed, save as to anything done at any time before the commencement of this Act, all which shall be and remain good to all intents and purposes whatsoever as if this Act had not passed.
11. That the Master of the Rolls in the High Court of Chancery of Ireland for the time being, the Chief Baron of the Court of Exchequer in Ireland for the time being, and the Judge of Her Majesty's Court of Prerogative for Causes Ecclesiastical and Court of Faculties in and throughout Ireland for the time being, together with ten other proper and discreet persons, to be from time to time appointed by Her Majesty in council, by warrant under the sign manual, of which ten persons five and not more than five shall at all times be persons professing the Roman Catholic religion, shall be one lady politic and corporate, by the name of “The Commissioners of Charitable Donations and Bequests for Ireland," and by the wame shall have perpetual succession and a common seal, and by that name may sue and be sued.
111. That the said Commissioners shall be at all times removable by Her Majesty in council, by warrant under the siga manual; and that whenever, by death, resignation, removal, or otherwise, any person shall cease to be a Commissioner under this Act, it shall be lawful for Her Majesty, by warrant as aforesaid, to appoint one other person instead of the person so ceasing to be such Commissioner; and every appointment of the said Commissioners and their successors shall be published in the Dublin Gazette.
iv. That all things which the said Commissioners are by this Act authorized to do may be done by any five of such Commissioners: Provided always, that such five Commissioners be for such purpose assembled at a meeting wherrof due notice shall have been given to all the said Commissioners.
v. That at each meeting of the said Commissioners the said Master of the Rolls, or in his absence the said Chief Baren of the Court of Exchequer, or in his absence the said Judge of the Prerogative Court, if present, and, in the absence of all, the senior Commissioner in the order of appointment, shall preside; and the chairman at all such meetings shall not anly vote as a Commissioner, but, in case of the equality of votes, shall have also the casting or decisive vote.
VI. Provided and enacted, That the consideration of all charitable donations and bequests, and of matters relating to them, in which any question shall arise before the said Commissioners concerning the usages or discipline of the united Church of England and Ireland, or of any body of protestant nonconformists, shall be referred to a committee of the said Commissioners consisting of those Commissioners who are protestants; and that the consideration of all charitable donations and bequests, and of matters relating to them, in which any question shall arise before the said Commissioners, concerning the usages or diseipline of the Church of Rome, shall be referred to a committee of the said Commissioners consisting of those Commissioners who profess the Roman Catholic religion; and that whenever, by reason of reference to or intendment of any usage of any such church or body, or any district or division, in use according to the discipline of any such church or body, the object of the donation, devise, or bequest shall not be defined with legal certainty in the deed or will creating the trust
, the committee to which the same shall be referred shall certify to the Commissioners who is, according to the uses and intendinent of such church or body, the person for the time being intended to take the benefit of such donation, devise, or bequest, or other particular facts concerning the usages or discipline of such church or body necessary to be known, for the due administration of the trust, according to the true intent and meaning of the donor; and the Commissioners' shall receive every such certificate as evidence of the facts certified, and shall give effect to such donation, devise, or bequest accordingly, so far as the same may be lawfully executed according to the provisions of this Act: Provided always, that nothing herein contained shall be construed to limit or affect the jurisdiction of any court of law or equity.
vii. That it shall be lawful for the Lord Lieutenant or other chief governors of Ireland, with the consent and approbation of the Commissioners of Her Majesty's Treasury, from time to time to appoint during his pleasure a secretary or secretaries to the said Commissioners, and also such officers, clerks, and servants as may be necessary for the purposes of this Act; and the said Commissioners of Her Majesty's Treasury shall fix the salary or salaries of the said secretary or secretaries, officers, clerks, and servants in fit proportion, according to the duties which they from time to time may have to perform.
VIII. That the salaries of the said secretaries, officers, clerks, and servants, and also the necessary expenses of carrying on the business of the said Commissioners of Charitable Donations and Bequests for Ireland, not herein otherwise provided for, shall be paid by the Commissioners of Her Majesty's Treasury out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.
IX. That one of the secretaries, or some other officer of the said Commissioners, shall make minutes of the proceedings of the said Commissioners at their several meetings, and shall keep a book, in which he shall enter a fair copy of such minutes, and the names of the Commissioners present; and the fair copy of the minutes of the proceedings of each meeting shall be read at the next meeting of the Commissioners, and if approved as correct shall be signed by the chairman of the meeting at which they shall be so read.
1. That the Commissioners shall, once at least in every year, and also whenever Her Majesty's pleasure shall be signified to them in that behalf, report to Her Majesty their proceedings under this Act; and a copy of every such report shall be communicated to both Houses of Parliament within six weeks after the same shall be made, if Parliament be then sitting, a if not then within six weeks next after the next meeting of Parliament.
XI. That from and after the first publication in the Dublin Gazette of the appointment of the Commissioners of Charitable Dosations and Bequests for Ireland under this Act the property, estate, and effects, rights, claims, titles, and possessions, of what nature or kind soever, of or belonging or which of right ought to belong to the said body politic and corporate created by the said recited Act, 40 Geo. 3. (I.) and vested in the said body by virtue of the said Act or otherwise, shall vest in and devolve upon the Commissioners of Charitable Donations and Bequests for Ireland created by this Act, subject to such trusts and conditions, liabilities, contracts, and engagements, as the same shall then be subject and liable to.
XII. That the said Commissioners of Charitable Donations and Bequests for Ireland may sue for the recovery of every charitable donation, devise, or bequest intended to be applied in Ireland, which shall be with held, concealed, or misapplied, and shall apply the same, when recovered, to charitable and pious uses, according to the intention of the donor or donors ; and the said Commissioners shail be empowered to deduct out of all such charitable donations, devises, and bequests as they shall recover all the costs, charges and expenses which they shall be put to in the suing for and recovery of the same: Provided always, that no information shall be filed, or petition presented, or other proceeding at law or in equity undertaken or prosecuted, by the said Commissioners, until the same shall be submitted to and allowed by Her Majesty's Attorney or Solicitor General for Ireland, and such allowance certified by him.
XI. That no action or suit at law or in equity shall be abated by the dissolution of the said corporation created by the said Act, 40 Geo. 3. (I.) but that the Court in which any action or suit shall be depending at the time of the commencement of this Act may, if such Court shall so think fit, upon the application of any party to the said action or suit, allow the name of the Commissioners of Charitable Donations and Bequests for Ireland incorporated by this Act to be substituted in the place of the said Commissioners created by the said statute, 40 Geo. 3. (I.) and such action or suit may be prosecuted and defended in the same manner as if the same had been originally instituted by or against the said Commissioners incorporated by this Act.
IV. That no sum shall be paid by the said Commissioners of Charitable Donations and Bequests for Ireland to any attorney or solicitor, as and for costs, charges, or expenses, unless the amount of such payment shall first have been approved of by the Commissioners of Her Majesty's Treasury; and before any such sum shall be allowed by the said Commissioners of the Treasury on such account as aforesaid the particulars of all such costs, charges, and expenses shall be laid before them.
xv. That every person or body corporate having in his, her, or their own right any estate or interest, in possession, reversion, or remainder, of or in any lands, tenements, or hereditaments, or any property of or in any goods or chattels, shall have full power, at his, her, and their will and pleasure, by deed duly executed, and attested by two credible witnesses, or by VOL. XXII.--Stat,
his or her last will in writing, duly executed according to law, to give and grant to and test in the said Commissioners of Charitable Donations and Bequests for Ireland, and their successors, all such his, her, or their estate, interest, or property in such lands, tenements, hereditaments, goods, and chattels, or any part or parts thereof, in trust for building, enlarging, upholding, or furnishing any chapel or place of religious worship of persons professing the Roman Catholic religion, or in trust for any archbishop or bishop or other person in holy orders of the Church of Rome officiating in any district, or having pastoral superintendence of any congregation of persons professing the Roman Catholic religion, and for those who shall from time to time so officiate or shall succeed to the same pastoral superintendence, or for building a residence for his and their use ; and such estate, interest, or property in such lands, tenements, or other hereditaments, goods and chattels, shall vest in and be holden by the said Commissioners, subject to the trusts of such deed and will respectively, without any writ or licence other than this Act: Provided always, that nothing herein contained shall be construed to render lawful any donation, devise, or bequest to or in favour of any religious order, community, or society of the Church of Rome bound by monastic or religious vows prohibited by an Act, 10 Geo. 4. c. 7, intituled 'An Aet for the Relief of His Majesty's Roman Catholic Subjects,' or to or in favour of any member or members thereof.
XVI. That after the commencement of this Act no donation, devise, or bequest for pious or charitable uses in Ireland shall be valid to create or convey any estate in lands, tenements, or hereditaments for such uses, unless the deed, will, or other instrument containing the same shall be duly executed three calendar months at the least before the death of the person executing the same, and unless every such deed or instrument, not being a will, shall be duly registered in the office for registering deeds in the city of Dublin within three calendar months after the execution thereof."
xvii. That it shall not be lawful for any such archbishop, bishop, or person in holy orders of the Church of Rome to alien, set, let, or in any manner demise for any period whatever such lands, tenements, or hereditaments, or any part thereof, or in any manner whatever to charge or incumber the same, or any property enjoyed by him under this Act, but that all charges and incumbrances upon such lands, tenements, and hereditaments, or other property, and all conveyances, gifts, grants
, demises, or sub-demises of the same or any part thereof, made or to be made by any such archbishop, bishop, or other person in holy orders of the Church of Rome, shall be absolutely void : Provided always, that it shall and may be lawful for the said archbishop, bishop, or other person in holy orders of the Church of Rome to execute such leases as hereinafter are mentioned.
XVIII. That it shall and may be lawful for the said Commissioners of Charitable Donations and Bequests for Ireland, from time to time, by deed under the common seal of the said Commissioners, to demise or lease the said lands, tenements, or hereditaments, or any part thereof, by and with the consent of the said archbishop, bishop, or other person in holy orders of the Church of Rome, or those who respectively shall succeed them as aforesaid, testified by his or their being a party to and executing such lease, for any term not exceeding twenty-one years, unless on building lease, in which case such lease may be granted for any term not exceeding one hundred years : Provided always, that the said lease shall take effect in possessice, and not in reversion or by way of future interest, and that there be made payable during the’estate or interest thereby created the hest yearly rent that can be reasonably obtained for the same, without any fine, premium, or foregift for the making thereof being paid or payable to the said Commissioners, or to the said archbishop, bishop, or other person in holy orders of the Church of Rome; and provided that there be contained in every such demise or lease a covenant for the payment of the rect thereby reserved, and a condition for re-entry on non-payment of the rent or any part thereof for twenty-one days next after the same shall become due, and so that the lessee or lessees therein named do execute a counterpart of the said demise or lease, and be not in any manner made dispunishable for committing waste.
xix. That from and after the commencement of this Act the vicar general or his surrogate, and the registrar of the Prerogative Court, shall make a return upon oath to the Commissioners of Charitable Donations and Bequests for Ireland, between the 1st of July and the 1st of November in every year, of every charitable devise or bequest contained in any will which shall be entered in the office of such vicar general, surrogate, or registrar, which return shall likewise contain the name of the testator, the name or names of the person or persons to whom probate of any such will, or letters of administration with such will annexed, shall be granted, with the date of such will, probate, or administration; which return shall be lodged with one of the secretaries of the said Commissioners; and every such officer as aforesaid who shall neglect to make sneh retar as aforesaid shall forfeit the sum of 5l. sterling, to be recovered by any person who shall sue for the same by civil bill; and the person or persons to whom the probate of any such will or letters of administration as aforesaid shall be granted, shall
, within three calendar months next after obtaining the same, publish in the Dublin Gazette, three times successively, every charitable devise or bequest contained in such will, the name of the testator and date of such will or codicil, and the name of the person or persons to whom such charitable devise or bequest is given and bequeathed, and the name of the person or persons appointed by the testator for the management and direction thereof; and the expense of such publication shall be paid by the said executors or administrators out of the said respective charities; and every such person or persons who shall neglect to publish the same in manner herein required shall forfeit for every such neglect the sum of 51. sterling, to be recovered by any person who shall sue for the same, by any action of debt, bill, plaint, or information, in any of Her Majesty's courts of record.
xx. That the accounts of the said Commissioners of the sums passing through their hands arising from charitable donations and bequests shall, from and after the commencement of this Act, be from time to time audited and declared by the chief remembrancer or second remembrancer of the Court of Exchequer in Ireland; and that the said Commissioners of Charitable Donations and Bequests in Ireland shall cause the said accounts to be made out in such form as the said ehiel or second remembrancer shall direct, and shall send the same to him, with proper vouchers for their receipts and payments i and the said chief remembrancer or second remembrancer, after examining each account rendered to him as aforesaid, with the documents annexed thereto, shall settle and declare the same, and shall lodge such account, when so settled and declared, with the clerks of Her Majesty's Privy Council in Ireland, who shall send one copy thereof to the said Commissioners of Charitable Donations and Bequests for Ireland, and keep one other copy thereof in the Privy Council Office in Ireland.
XXI. That it shall be lawful for the said chief remembrancer or second remembrancer to call before him and examine on oath any person whom he may deem it necessary to examine on the matter of such accounts; and every person who on such examination on oath shall wilfully make any false statement shall be deemed guilty of perjury.
XXII. That this Act shall commence from and after the 1st of January 1845; and that nothing herein contained shall be taken to avoid or render unlawful any donation, devise, or bequest which but for this Act would be lawful, except as to the time within which the deed, will, or instrument containing such donation, devise, or bequest for pious or charitable uses is hereinbefore required to be executed and registered.
XXIII. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.
Cap. XCVIII.- IRELAND.
AN ACT to enable the Commissioners of Public Works in Ireland to accept a certain Sum of Money in satisfaction of their Mortgage on the Branch Canals communicating with the Grand Canal in Ireland.
(9th August 1844.)
ABSTRACT OF THE ENACTMENT.
1. On payment of 10,0001. by the Grand Canal Company the branch canals herein set forth to vest in the company.
By this Act, After reciting that the late Commissioners for the Loan of Public Money in Ireland did, in pursuance of the powers vested in them, lend to the Company of Undertakers of the Grand Canal in Ireland the sum of 47,1081. 13s. 3d., for the employment of the poor, by making a branch canal from the river Shannon near Banagher in the King's County, to the town of Ballinasloe, in the county of Galway, communicating with the said Grand Canal by the river Shannon, upon a mortgage of the lands taken for the said branch canal, and of the expected rates, rents, tolls, and profits to be derived from the said branch canal: and that the said Commissioners did also lend to the said company the further sum of 83,4161. 6s. 3d., for the employment of the poor, by making another branch canal from the town of Monasterevan, the county of Kildare to the town of Mountmellick in the Queen's County, communicating with the said Grand Canal, upon a like mortgage of the lands taken for the last-mentioned branch, and also of the expected rates, rents, tolls, and profits of the said last-mentioned branch canal: and that the said Commissioners did also lend to the said company the further sum of 18,0001. for the purpose of making a third branch canal, extending from the said Grand Canal at Ballycommon Lock, in the King's County, to the town of Kilbeggan, in the county of Westmeath, upon a mortgage of the lands taken for the last-mentioned branch canal: and also of the expected rates, rents, tolls, and profits of the said last-mentioned branch canal : and that it appears that the tolls and profits of the said branch canals, after paying the costs and charges of maintenance, have been and are wholly inadequate to discharge the principal sums of money lent on the security thereof, or the interest thereof; and that the duties of the said Commissioners are now exercised by, and the said mortgage securities were afterwards transferred to, the Commissioners of Public Works in Ireland; and that it is expedient that the said last-mentioned Commissioners should be empowered to accept the sum hereinafter mentioned, instead of all demands against the said company on account of the said several loans :
It is Enacted, 1, That upon payment of the sum of 10,0001. by the said Company of Undertakers of the Grand Canal into the Bank of Ireland, to the credit and for account of the Paymaster of Civil Services in Ireland, all the estate, right, title, property, or interest whatsoever of the said Commissioners of Public Works in Ireland, or of any person or persons in trust for them, of, in, and to the several lands, tenements, and hereditaments, waters, watercourses, bridges, locks, sluices, drains, banks, dams, roads, towing paths, and other ways of the said three branch canals
, extending from the said river Shannon to the town of Ballinasloe, and from the said town of Monasterevan to the said said town of Mountmellick, and from the said Grand Canal at Ballyshannon Lock, to the town of Kilbeggan as aforesaid, shall be vested in the said company and their successors, and that all the said lands, tenements, and hereditaments, waters, watercourses, bridges, locks, sluices, drains, roads, towing paths, and other ways, shall, from and after such payment as aforesaid, be deemed to be parts of the said Grand Canal, and be vested in the said company and their successors, freed and discharged from the said mortgages and all interest accruing thereon, and from all claims and demands whatever in respect thereof: and the said company shall thereafter hold the same to their own use and benefit, and to the use and benefit of their successors for ever, subject and according to the powers and provisions which constitute themi undertakers and proprietors of the said Grand Canal.