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11. That upon payment of the said sum of 10,0001. as aforesaid the said Commissioners of Public Works in Ireland shall, upon the request and at the cost of the said company, assign over and reconvey, or cause to be assigned over and reconveyed, to the said company, any assignment or assignments, mortgage or mortgages of the said lands, rates, rents, tolls, and profits of the said three branch canals, taken or holden by them or by any person or persons in trust for them, or for securing payment of the said several sums of 47,1081. 13s. 3d., 33,4161. 16s. 3d., and 18,0001., and surrender up the same to the said Company of Undertakers or their public officer; and that the said company and their successors shall thereupon be freed and discharged from all claim by the said Commissioners of Public Works on account of the said several loans of money, or any interest due thereon.
Ill. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.
AN ACT to extend the Time limited by an Act passed in the
urth and Fifth Years of Her present Majesty, empowering the Commissioners for the Issue of Exchequer Bills for Public Works to complete the Works for improving the Navigation and Harbour of Tralee in the County of Kerry.
(9th August 1844.)
ABSTRACT OF THE ENACTMENTS.
1. The time limited by the last-recited Act for the execution of the works extended for three years. 2. The powers given by the first-recited Aci to cease at the end of the said term, save as to works certified by Justices of Ketry to
have been completed.
By this Act, After reciting the passing of an Act, 9 Geo. 4. c. cxviii., intituled, “An Act for making and maintaining a Navigable Cut or Canal from a Point at or near the Black Rock in the Harbour of Tralee in the County of Kerry to Croompanrickard near the Town of Tralee in the said county; and for otherwise improving the said Harbour of Tralee ;' and of another Act, 6 & 7 Will. 4. c. 114, intituled, ' An Act to extend the Time limited by an Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, for improving the Navigation and Harbour of Tralee in the county of Kerry; and of another Act, 4 & 5 Vict. c. 46, intituled, •An Act to empower the Commissioners for the Issue of Exchequer Bills for Public Works to complete the Works authorized to be made by an Act of the Sixth and Seventh Year of the Reign of His late Majesty King William the Fourth, for improving the Navigation and Harbour of Tralee in the County of Kerry; and to extend the Time for that Purpose ;' and reciting certain provisions contained in the said Acts:
It is Enacted, 1. That the time limited by the said last-recited Act for the completion of the said canal and other works by the said firstrecited Act authorized and required to be made and executed shall be and the same is hereby extended for the further term of three years, to be computed from the expiration of the said term of three years by the said last-recited Act limited for such purposes as aforesaid.
11. Provided and enacted, That in case the said canal and other works by the said first-recited Act authorized to be made and executed shall not be made and completed within the said term of three years, to be computed from the expiration of the term of three years by the said last-recited Act limited for such purposes as aforesaid, then from and after the expiration of the said term of three years limited by this Act all the powers, authorities, and privileges by the said first-recited Act given to or conferred upon the said Commissioners for making such canal, and the several works, matters, and things belonging thereto or connected there with, shall cease and determine, save only and except as to so much of the said canal and other works as shall have been declared and certified to have been completed within the said term by the Justices of the Peace of the said county of Kerry assembled at any quarter sessions of the peace to be holden for the said county at any time before the expiration of the said term of three years limited by this Act, or within six calendar months next after the expiration thereof, upon the evidence of any one or more witness or witnesses upon oath to be produced before them for that purpose.
AN ACT to supply an Omission in an Act of the Sixth and Seventh Years of Her present Majesty, for
amending and continuing the Laws in Ireland relative to the registering of Arms, and the Importation, Manufacture, and Sale of Arms, Gunpowder, and Ammunition.
(9th August 1844.)
ABSTRACT OF THE ENACTMENTS.
1. Sect. 49, in recited Act, to have the effect intended notwithstanding the omission,
By this Act, After reciting the passing of 6 & 7 Vict. c. 74, and that the 49th section of the said Act is in the words following ; (that is to say,) “And be it enacted, That it shall be lawful for the grand jury of every county of a city and county of a town in Ireland at each assizes, and for the grand juries at each presenting term for the county of Dublin and county of the city of Dublin, and they are hereby respectively required, to present such sums to be raised off the county as shall have been necessarily disbursed in marking arms under the provisions of this Act in such county of a city or town, and such sums as shall appear to them to have been necessarily disbursed shall be paid to the officer by whom such disbursements shall have been made; and it shall be also lawful for the said grand juries at each assizes or presenting term to present such sums as may be necessary to pay the clerks of the peace and petty sessions respectively for
their trouble and expenses in the execution of this Act:" And that in the phrase in the said section, " And be it enacted, That it shall be lawful for the grand jury of every county of a city and county of a town in Ireland," the word "county" was inadvertently omitted, and it is expedient to supply such omission :
It is declared and Enacted, 1. That the said hereinbefore recited section of the said Act shall be deemed, construed, and taken to have such and the same effect to all intents and purposes whatsoever as if the words following, (that is to say,) “And be it enacted, That it shall be lawful for the grand jury of every county, county of a city, and county of a town in Ireland,” had been originally inserted in the said section, instead of the said words“ And be it enacted, That it shall be lawful for the grand jury of every county of a city and county of a town in Ireland ;" and that the presentments to be made in every county in Ireland at the next assizes for raising off the county such sums as shall have been necessarily disbursed in marking arms in such county, under the authority of the said recited Act and this Act, shall respectively include such sums as shall have been so disbursed for such purpose before the passing of this Act; and that it shall be also lawful for the grand jury of every county in Ireland to include in each such presentment respectively such sums as may be necessary to pay the clerks of the peace and petty sessions respectively for the trouble and expenses incurred by them in the execution of the said recited Act before the passing of this Act.
11. That the provisions of the said last-recited Act (save and except such parts thereof as are by this Act amended) shall apply and extend to this Act, and that the said recited Act and this Act shall be construed together as one Act.
111. That this Act may be amended or repealed by any Act to be passed in the present session of Parliament.
AN ACT for the further Amendment of the Laws relating to the Poor in England.
(9th August 1844.) [This Act will be found in the Appendix, p. xv.]
AN ACT to repeal certain Penal Enactments made against Her Majesty's Roman Catholic Subjects.
(9th August 1844.)
ABSTRACT OF THE ENACTMENTS.
1. Certain Acts and parts of Acts repealed.
By this Act, After reciting that Roman Catholics, and persons professing the Roman Catholic religion, were, by certain Acts made and passed by the Parliament of England and the Parliament of Great Britain rendered liable to punishments, pains, penalties, and disabilities for or on account of their religious belief or profession, to which punishments, pains, penalties, and disabilities none other of Her Majesty's subjects are liable: And that it is expedient to amend the law in this respect;
It is Enacted, 1. That from and after the passing of this Act the several Acts hereinafter mentioned, or so much and such parts of any of them as are hereinafter specified, shall be repealed ; (that is to say,) So much of an Act, 5 & 6 Edw. 6. c. 1, intituled, • An Act for the Uniformity of Service and Administration of Sacraments
throughout the Realm,' as relates to the offence of willingly and wittingly hearing and being present at any other matnet or form of common prayer, of administration of the sacraments, of making of ministers in the churches, or of any other rites contained in the book annexed to that Act, than is mentioned and set forth in such book, so far as the same in any
manner affects Roman Catholics : Also so much of an Act, 1 Eliz. c. 1, intituled, An Act to restore to the Crown the ancient Jurisdiction over the Estate,
ecclesiastical and spiritual, and abolishing all Foreign Powers repugnant to the same,' whereby, after the following enactment, " that if any person or persons dwelling or inhabiting within this your realm, or in any other your highnesses realms or dominions, of what estate, dignity, or degree soever he or they be, after the end of thirty days next after the determination of this session of this present Parliament, shall, by writing, printing, teaching, preaching, espress words, deed, or act, advisedly, maliciously, and directly affirm, hold, stand with, set forth, maintain, or defend the authority, preheminence, power, or jurisdiction, spiritual or ecclesiastical, of any foreign prince, prelate, person, state, or potentate whatsoever, heretofore claimed, used, or usurped within this realm, or any dominion or country being within or under the power, dominion, or obeysance of your highness, or shall advisedly, maliciously, and directly put in ure or execute aliy thing for the extolling, advancement, setting forth, maintenance, or defence of any such pretended or usurped jurisdiction, power, preheminence, and authority, or any part thereof, that then every such person and persons so doing and offending, their abettors, aiders, procurors, and counsellors, being thereof lawfully convicted and attainted, according to the due order and course of the common laws of this realm, for his or their first offence shall forfeit and lose unto your highliess, your heirs and successors, all his and their goods and chattels, as well real as personal; and if any such person so convicted or attainted shall not have or be worth of his proper goods and chattels to the value of 201. at the time of his conviction or attainder, that then every such person so convicted or attainted, over and besides the forfeiture of all his said goods and chattels, shall have and suffer imprisonment by the space of one whole year, without bail or mainprise;" it is enacted, " that if any such offender or offenders, after such conviction or attainder, do eftsoons commit or do the said offences or any of them in' manner and form aforesaid, and be thereof duly convicted and attainted as is aforesaid, that then every such offender and offenders shall for the same second offence incur into the dangers, penalties, and forfeitures ordained and provided by the Statute of Provision and Premunire made in the sixteenth year of the reign of King Richard the Second; and if any such offender or offenders, at any time after the said second conviction and attainder, do the third time commit and do the said offences or any of them in manner and form aforesaid, and be thereof duly convicted and attainted as is aforesaid, that then every such offence or offences shall be deemed and adjudged high treason; and that the offender or offenders therein, being thereof lawfully convicted and attainted according to the laws of this realm, shall suffer pains
of death, and other penalties, forfeitures, and losses, as in cases of high treason by the laws of this realm:" Also so much of an Act, 1 Eliz. c. 2, intituled, • An Act for the Uniformity of Common Prayer and Service in the Church,
and Administration of the Sacraments,' whereby it is enacted, " that all and every person and persons inhabiting within this realm or any other the Queen's Majesty's dominions shall diligently and faithfully, having no lawful or reasonab.e excuse to be absent, endeavour themselves to resort to their parish church or chapel accustomed, or upon reasonable let thereof to some usual place where common prayer and such service of God shall be used in such time of let, upon every Sunday and other days ordained and used to be kept as holy days, and then and there to abide orderly and soberly during the time of the common prayer, preaching, or other service of God there to be used and ministered,” upon the pains penalties, and punishments therein mentioned, so far as these enactments of the last-mentioned Act relate to or afferi Roman Catholics :
Also so much of an Act, 5 Eliz. c. 1, intituled, 'An Act for the Assurance of the Queen's Royal Power over all Estates
and Subjects within Her Dominions,' as renders any person violating its provisions liable to the penalties of treason, or of
the Statute of Præmunire:
the Statute made in the Twenty-third Year of the Queen's Majesty's Reign, intituled, “An Act to retain the Queen's
Majesty's Subjects in their due Obedience,' as relates to or in any manner affects Roman Catholics :
Recusants, &c.,' except so much of the same Act as relates to the keeping any school, or to the being a schoolmaster, or
Year on the Fifth of November,' whereby it is enacted, “ that all and every person and persons inhabiting within this realm of England and the dominions of the same shall always upon that day diligently and faithfully, resort to the parish church or chapel accustomed, or to some usual church or chapel where the said morning prayer, preaching, or other service of God shall be used, and then and there to abide orderly and soberly during the time of the said prayers, preaching,
or other service of God then to be used and ministered," as relates to or in any manner affects Roman Catholics: Also so much and such parts of an Act, 3 Jac. I. c. 4, intituled, 'An Act for the better discovering and repressing of
Popish Recusants,' as relate to Popish recusants, to the treasons created by the same Act, and to the compelling any Roman Catholic to resort to the church of the parish where he or she shall most usually abide or be within the year, and
to receive the Sacrament of the Lord's Supper: Also another Act, 3 Jac. 1. c. 5, intituled, 'An Act to prevent and avoid Dangers which grow by Popish Recusants,
except those parts of the same Act whereby it is enacted, "that every person or persons that is or shall be a Popish recusant convict during the time that he shall be or remain a recusant shall from and after the end of the then present session of Parliament be utterly disabled to present to any benefice with cure or without cure, prebend or other ecclesiastical living, or to collate or nominate to any free school, hospital, or donative whatsoever, and from the beginning of the then present session of Parliament shall likewise be disabled to grant any avoidance to any benefice, prebend, or other ecclesiastical living," and which specify the counties, cities, and other places and limits or precincts, within which the chancellor and scholars of the University of Oxford and the chancellor and scholars of the University of Cambridge respectively have the presentation, nomination, collation, and donation of and to every such benefice, prebend, living, school, hospital, and donative as shall happen to be void during such time as a patron thereof shall be and remain a recusant convict as aforesaid ; and whereby it is provided, " that neither of the said chancellors and scholars of either of the said universities shall present or nominate, to any benefice with cure, prebend, or other ecclesiastical living, any such person as shall then have any other benefice with cure of souls, and if any such presentation or nomination shall be had or made of any such person so beneficed, the said presentation or nomination shall be void, anything in this Act to
the contrary notwithstanding :" Also so much of an Act, 7 Jac. 1. c. 6, intituled, 'An Act for administering the Oath of Allegiance and Reformation of
married Women Recusants,' as relates to recusants or to the penalties of recusancy : Also the whole of an Act, 3 Car. 1. c. 2, intituled, 'An Act to restrain the passing or sending of any to be Popishly bred
beyond the Seas :' Also so much and such parts of two Acts respectively, the one 3 Car. 1. c. 4, intituled, 'An Act for Continuance and Repeal
of divers Statutes,' and the other 16 Car. I. c. 4, intituled, ' An Act for the further Relief of His Majesty's Army and the Northern Parts of the Kingdom,' relating to the continuance of an Act, 35 Eliz. c. 1, intituled, * An Act to retain
the Queen's Majesty's Subjects in their due Obedience,' as in any manner affect Roman Catholics : Also so much of an Act, 13 & 14 Car. 2. c. 4, intituled, " An Act for the Uniformity of public Prayers and Administration
of Sacraments and other Rites and Ceremonies; and for establishing the form of making, ordaining, and consecrating
Bishops, Priests, and Deacons in the Church of England,' as confirms any Act or part of any Act hereby repealed :
sants,' whereby it is enacted, "that if any person or persons, not bred up by his or their parent or parents from their infancy in the Popish religion, and professing themselves to be Popish recusants, shall breed up, instruct, or educate his or their child or children, or suffer them to be instructed or educated, in the Popish religion, every such person being thereof convicted shall be from thenceforth disabled of bearing any office or place of trust or profit in Church or State;" and whereby it is enacted," that all such children as shall be so brought up, instructed, or educated are and shall be thereby disabled of bearing any such office or place of trust or profit until he and they shall be perfectly reconciled and converted to the Church of England, and shall take the oaths of supremacy and allegiance aforesaid before the Justices of the Peace in the open Quarter Sessions of the county or place where they shall inhabit, and thereupon receive the Sacrament of the Lord's Supper after the usage of the Church of England, and obtain a certificate thereof under the hands of
two or more of the said Justices of the Peace:"Also so much of an Act, 1 W. & M. c. 8, intituled, ' An Act for the abrogating of the Oaths of Supremacy and Allegiance,
and appointing other oaths, as renders liable any person or persons who shall refuse to take the oaths therein mentioned, or either of them, to imprisonment, fine, and disability to hold any office, civil or military, within this kingdom ;
And also so much of the said last-mentioned Act as renders liable any person or persons who shall refuse to make and subscribe the declaration therein mentioned to the pains, penalties, forfeitures, and disabilities of and to be taken and deemed a Popish
recusant convict: Also the whole of an Act, 1 W. & M. c. 9, intituled, 'An Act for the amoving Papists and reputed Papists from the Cities of
London and Westminster, and Ten Miles Distance from the same:' Also the whole of another Act, 1 W. & M. c. intituled, ' An Act for the better securing the Government by disarming
Papists and reputed Papists;' Also the whole of another Act, 1 W. & M. c. 17, intituled, ' An Act for rectifying a mistake in a certain Act of this present
Parliament, for amoving Papists from the Cities of London and Westminster.' 11. That this Act or any part thereof may be repealed, altered, or varied at any time within this session of Parliament.
AN ACT to amend the Law for the Trial of controverted Elections of Members to serve in Parliament.
(9th August 1844.)
ABSTRACT OF THE ENACTMENTS.
1. Repeal of 9 Geo. 4. c. 22, and part of 42 Geo. 3. c. 106, and 47 Geo. 3. c. 14. 2. What shall be deemed election petitions. 3. Recognizances to be entered into by petitioners. 4. Sureties to make affidavits of sufficiency, und to be described. 5. Eraminer of recognizances to be appointed. 6. Provision for temporary disability of examiner, 7. How recognizances are to be entered into. 8. Option of paying money into the Bank instead of finding security.-- Declaration of trust. 9. Where money has been paid into the Bank, the examiner of recognizances to order payment of expenses, and transfer the residue
to the account of the party. 10. No petition to be received unless indorsed by the examiner of recognizances. 11. Names of sureties to be kept in the office of the examiner of recognizances, and to be open to inspection, 12. Sureties may be objected to. 13. Notice of objections to be published in the office of the examiner, and copies may be taken, 14. Examiner of recognizances to decide on the objections. 15. In case of death of a surety, the money may be paid into the Bank. 16. Examiner of recognisances to report whether or not sureties are objectionable. 17. How petitions may be withdrawr. 18. Proceedings when the seat becomes vacant, or the sitting member declines to defend his return. 19. Voters may become a party to oppose the petition. 20. Members having given notice of their intention not to defend shall not be admitted as parties. 21. At the beginning of every session the Speaker to appoint a General Committee. 22. If the House disapprove the first appointment, a new appointment to be made. 23. Disapproval may be general or special. 24. Members not disapproved by the House may be again named in the warrant. 25. For what time the appointment shall be. 26. Cases of vacancy to be made known to the House, and proceedings suspended. 27. Cases in which the General Committee shall be dissolved. 28. How vacancies shall be supplied, and re-appointments made. 29. Speaker to fir the time and place of first meeting of committee.-General Committee to be sworn. 30. Members necessary to enable the committee to 31. Committee to regulate their own proceedings. 32. Clerk to keep minutes of proceedings to be laid before the House. 33. During any suspension, the Speaker may adjourn any business before the General Conmiller. 34. Members wholly ercused from serving. 35. Names of members claiming to be excused to be called over. 36. Members temporarily ercused from serving. 37. Members temporarily disqualified from serving. 38. A corrected list, distinguishing the excused or disqualified members, to be printed and distributed with the votes. 39. List may be further corrected during three days. 40. Selection of members to serve as chairmen of election committees,