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PUBLIC GENERAL ACTS
OF THE UNITED KINGDOM
GREAT BRITAIN AND IRELAND:
BEING THE FOURTH SESSION OF THE FOURTEENTH PARLIAMENT
FROM VOL. XIII. OF THE NEW SERIES
THE LAW JOURNAL REPORTS.
Printed by James Holmes, 4, Took's Court, Chancery Lane. PUBLISHED BY E. B. INCE, No. 5, QUALITY COURT, CHANCERY LANE.
19TH AUGUST, ANNO DOMINI 1841;
FROM THENCE CONTINUED,
BY SEVERAL PROROGATIONS,
1st FEBRUARY, 1844.
PUBLIC GENERAL ACTS,
AN ACT to enlarge the Powers of an Act of the Fourth and Fifth Years of Her present Majesty, em
powering the Commissioners of Her Majesty's Woods to raise Money for certain Improvements in the Metropolis, on the Security of the Land Revenues of the Crown within the County of Middlesex and City of London.
(5th March 1844.)
ABSTRACT OF THE ENACTMENTS.
1. The Bank of England and any other persons or corporations empowered to lend on mortgage of the Land Revenues. 2. Commissioners of Woods incorporated.—Powers of the recited Act extended to this Act. 3. Commissioners of Woods empowered to lease, notwithstanding mortgages. 4. Saving the rights of distress and entry of mortgagees. 5. Commissioners of Woods, fc. shall report annually to the Commons House of Parliament. 6. Act may be amended or repealed this session.
By this Act,
After reciting that by 4 & 5 Vict. c. 40, it was enacted, that it should be lawful for the Commissioners of Her Majesty's Voods
, Forests, Land Revenues, Works, and Buildings for the time being, and they were thereby authorized and empowered, bit and with the consent and approbation in writing of the Lord High Treasurer, or of the Commissioners for executing the office of Lord High Treasurer of the United Kingdom, or any three or more of them, notwithstanding any provisions, restrictions, or clauses contained in any Act or Acts of Parliament relating to Her Majesty's Land Revenue, from time to time to borrow and take up at any rate of interest not exceeding 51. per cent. per annum, and on such terms and conditions as they should think proper, such sum or sums of money as the said Commissioners, with such consent and approbation as aforesaid, should judge necessary for the purpose of carrying into effect and completing the several improvements and new streets authorized and directed to be made by them by the several Acts therein recited or referred to, on mortgage of all or any part as parts of the houses, buildings, lands, tenements, and hereditaments of or belonging to Her Majesty, her heirs and succesots, within the county of Middlesex and city of London, or either of them, (other than royal palaces and parks,) and for securing the repayment of the sum or sums so to be borrowed, or any part or parts thereof, with interest for the same, with such consent and approbation as aforesaid, to grant, demise, or mortgage all or any part or parts of the same houses, buildings, lands, tenements, and hereditaments respectively unto any person or persons, body or bodies corporate, who should land and advance such sum or sums of money respectively, his, her, or their heirs, executors
, or administrators,
successors of assigns, or to whoin he or they or any such body should appoint, for any term of years, so that every such grant, mortbe secured, and the interest thereof, should be fully paid and satisfied: And that doubts are entertained whether the said Fecited Act extends to empower the Governor and Company of the Bank of England and certain other public companies and corporations to advance and lend monies to the said Commissioners on the security of the said land revenues of the Crown, the said Governor and Company of the Bank of England and other public companies and corporations not being expressly named and empowered in and by the said recited Act; and it would facilitate the raising of such monies if such
doubts were removed:
It is Enacted, 1. That it shall be lawful for the Governor and Company of the Bank of England, and for any person whomsoever, and any bodies politic or corporate or companies whatsoever, to advance and lend from time to time to the Commissioners for the time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, any sum or sums of money, or any part or parts of the capital or other monies or funds of or belonging to such governor or company, person or persons, bodies politic or corporate, or companies respectively, which the said Commissioners, by and with the consent and approbation in writing of the Lord High Treasurer or the Commissioners for executing the office of Lord High Treasurer, of the United Kingdom, or any three or more of them, shall from time to time judge necessary, for the purpose of carrying into effect and completing the several improvements and new streets authorized and directed to be made by them by the said several Acts in the said recited Act of 4 & 5 Vict. c. 40, recited or referred to, on mortgage of all or any part or parts of the houses, buildings, land, tenements, and hereditaments of or belonging to Her Majesty, her heirs and successors, within the county of Middlesex and city of London, or either of them, (other than royal palaces and parks), so as that all such loans be made with the approbation of the said Lord High Treasurer, or Commissioners for executing the office of Lord High Treasurer, or any three or more of them, to be signified by his or their warrant or warrants for that purpose, notwithstanding anything contained to the contrary in an Act, 5 & 6 Will. & M. c. 20, intituled, “An Act for granting to their Majesties several Rates and Duties upon Tonnage of Ships and Vessels, and upon Beer, Ale, and other Liquors, for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Sum of One million five hundred thousand Pounds towards carrying on the War against France, or in any other Act or Acts: Provided also, that the sum to be advanced by the Bank of England under the provisions of this Act shall not exceed in the whole the sum of 250,0001.
11. That the Commissioners for the time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings shall be and they are hereby constituted a corporation for the purposes of this Act, as well as for the purposes of the said recited Act, 4 & 5 Vict. c. 40, and may have such seal as in the said recited Act is mentioned ; and that all and singular the powers, provisions, exemptions from stamp duties, and enactments in the said recited Act contained with respect to monies borrowed and mortgages made under the authority of the said recited Act, and the application of such monies, shall, so far as the same are applicable, extend to all monies to be borrowed and mortgages to be made under the authority of this Act; and that all sum and sums of money which by the said recited Act are made applicable to the repayment of nonies borrowed on the credit of the land revenues of the Crown, under the powers and provisions of the said recited Act, and the interest thereof, shall equally be applicable and be applied in repayment of any sum or sums of money which may be borrowed on the credit of the land revenues of the Crown under the powers and provisions of this Act, and the interest thereof.
111. Provided and enacted, That it shall and may be lawful for the Commissioners for the time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings in all respects to make and grant such leases and agreements for leases, and to accept a surrender of any lease or leases granted or to be granted of any hereditaments comprised in any mortgage inade or to be made in pursuance of the said recited Act, 4 & 5 Vict. c. 40, or of this Act, and on any such surrender to grant any other lease or separate leases of the hereditaments so be surrendered, for any term which they are or may be authorized to grant, in all respects whatsoever as they could have done if such mortgage or mortgages had not been made, and the said last-mentioned Act and this Act had not passed, so as the rent to be reserved in respect of any hereditaments to be comprised in any new lease to be made in pursuance of any surrendered lease be not less in amount than the rent which was reserved by the surrendered lease, or when more than one lease shall be granted of any hereditaments comprised in a lease which shall have been surrendered so as the aggregate amount of rents to be reserved by the separate leases shall not be less in amount than the rent reserved by the lease so surrendered.
iv. That the person or persons, bodies or body, to whom any such mortgage as aforesaid has been or shall be granted shall (in respect of such leases so to be granted, and during the continuance of such mortgage securities,) have such and the same powers of distress, entry, or otherwise, for the recovery of the rents by any such leases so to be granted, reserved, and shall have the full benefit of the covenants in such leases to be contained, and on the part of the lessees to be performed, as they would have had if they had been parties to such leases, and the rents and rights of distress and entry had been reserved to them, and the covenants entered into with them in all respects whatsoever, but not so as to give any subsequent mortgagee any right or priority over the prior mortgagee.
v. That the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings shall once in every year, until the several improvements and new streets herein before referred to are completed, report to the Commons House of Parliament the progress made by the said Commissioners in the execution of such improvements and new streets respectively, the monies raised and received by them for the purposes thereof, and the expenditure of the same, and the balance, if any, remaining unexpended at the date of each report, and also the number and extent of houses and other property still remaining to be purchased in each line of improvement, and the estimated cost thereof, and the funds applicable to the purchase of the same.
vi. That this Act or any part thereof may be amended or repealed by any Act to be passed in the present session of Parliament.
AN ACT for the more speedy Trial of Offences committed on the High Seas.
(5th March 1844.)
ABSTRACT OF THE ENACTMENTS.
1. Justices of oyer and terminer may try offences committed on the high seas.
By this Act, After reciting, that by an Act, 28 Hen. 8. c. 15, intituled, 'For Pirates,' it was enacted, that all treasons, felonies, robberies, murders, and confederacies thereafter to be committed in or upon the sea, or in any other haven, river, creek, or place where the admiral or admirals have or pretend to have power, authority, or jurisdiction, should be inquired, tried, heard, determined, and judged in such shires and places in the realm as should be limited by the King's commission or commissions to be directed for the same, in like form and condition as if any such offence or offences had been committed or done in or upon the land; and such commissions should be had under the King's Great Seal, directed to the admiral or admirals, or to his or their lieutenant, deputy and deputies, and to three or four other substantial persons as should be named or appointed by the Lord Chancellor of England for the time being, from time to time and as often as need should require, to hear and determine such offences after the common course of the laws of this realm used for treasons, felonies, murders, robberies, and confederacies of the same done and committed upon the land within this realm: and that it is expedient that provision be made for the trial of persons charged with offences so committed, without issuing any special commission in that behalf:
It is Enacted, 1. That Her Majesty's Justices of Assize or others Her Majesty's Commissioners by whom any court shall be holden under any of Her Majesty's commissions of oyer and terminer or general gaol delivery shall have severally and jointly all the powers which by any Act are given to the Commissioners named in any commission of oyer and terminer for the trying of offences committed within the jurisdiction of the Admiralty of England, and that it shall be lawful for the first-mentioned Justices and Commissioners, or any one or more of them, to inquire of, hear, and determine all offences alleged to have been committed on the high seas and other places within the jurisdiction of the Admiralty of England, and to deliver the gaol in trery county and franchise within the limits of their several commissions of any person committed to or imprisoned therein for any offence alleged to have been committed upon the high seas and other places within the jurisdiction of the Admiralty of England; and all indictments found, and trials and other proceedings had, by and before the said Justices and Commissioners shall be valid; and it shall be lawful for the Court to order the payment of the costs and expenses of the prosecution of sueh offences, in the manner prescribed by an Act, 7 Geo. 4. c. 64, intituled, 'An Act for improving the Administration of Criminal Justice in England,' in the case of felonies tried in the High Court of Admiralty.
11. That in all indictments preferred before the said Justices and Commissioners under this Act the venue laid in the margin shall be the same as if the offence had been committed in the county where the trial is had; and all material facts which in other indictments would be averred to have taken place in the county where the trial is had shall in indictments prepared and tried under this Act be averred to bave taken place “on the high seas."
111. That the Justice or Justices by whom any information shall be taken touching any offence committed within the jurisdiction of the Admiralty of England under the provisions of an Act, 7 Geo. 4. c. 38, intituled, ' An Act to enable Commissioners for trying Offences upon the Sea, and Justices of the Peace, to take Examinations touching such Offences, and to commit to safe Custody Persons charged therewith,' if he or they shall see cause thereupon to commit such person to take bis trial for such offence, shall commit him to the same prison to which he would have been committed to take his trial at the next court of oyer and terminer and general gaol delivery if the offence had been committed on land within the jurisdiction of the same Justice or Justices, and shall have authority to bind by recognizance all persons who shall know or declare any thing material touching the said offence to appear at the said next court of oyer and terminer and general gaol delivery, then and there to prosecute or give evidence against the party accused, and shall return all such informations and recognizances to the proper officer of the court in which the trial is to be, at or before the opening of the court; and every such offender shall be arraigned, tried, and sentenced as if the offence had been committed within the county, riding, or division for which soch court shall be holden.
IV. Provided, and declared and enacted, That nothing herein contained shall affect the jurisdiction belonging to the Central Criminal Court for the trial of persons charged with offences committed on the high seas and other places within the jurisdiction of the Admiralty of England, or to restrain the issue of any special commission under the first-recited Act for the trial of such offenders, if need shall be.
v. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.