« EdellinenJatka »
31 & 32 Vict. in consideration of the extinguishment or of the appropriation to c. 109.
any other purpose of, any tithes, customary payments or other property or charge upon property, which tithes, payments, property or charge previously to the passing of such act, had been appropriated by law to ecclesiastical purposes as defined by this act, or in consideration of the abolition of tithes in any place, or upon any contract made, or for good or valuable consideration given, and every such enactment shall continue in force in the same manner as if this act had not been passed.”
Act not to affect Vestries, &c.] Sect. 6. “This act shall not affect vestries, or the making, assessing, receiving or otherwise dealing with any church rate, save in so far as relates to the recovery thereof; but subject to the provisions hereinbefore contained, whensoever any ecclesiastical district having within its limits a consecrated church in use for the purposes of divine worship shall have been legally constituted out of any parish or parishes, and whether such district shall or shall not be a separate and distinct parish, the inhabitants of such district shall not be entitled to vote for or in reference to a church rate or the expenditure thereof at any restry meeting of the parish or parishes out of which the said district is formed, nor shall they be assessed to any rate made in relation to the parish church or the said parish or parishes, but such inhabitants may assemble in vestry, and, subject to the provisions of this act, may make and assess a rate in relation to the church of their own district in like manner as if such church were the church of an ancient parish :-provided that nothing in this act contained shall affect any right of burial to which the inhabitants of the district may be entitled in the churchyard of the mother church.”
Trustees and Others under Incapacity may subscribe to Voluntary Rate.] Sect. 7. “It shall be lawful for all bodies corporate, trustees, guardians, and committees who or whose cestuis que trust are in the occupation of any lands, houses, or tenements, to pay, if they think fit, any church rate made in respect of such property, although the payment of the same may not be enforceable after the passing of this act, and the same shall be allowed to them in any accounts to be rendered by them respectively.”
Regulations as to Persons refusing to pay Church Rates.] Sect. 8 “No person who makes default in paying the amount of a church rate for which he is rated shall be entitled to inquire into, or object to, or vote in respect to the expenditure of the monies arising from such church rate; and if the occupier of any premises shall make default for one month after demand in payment of any church rate for wh he is rated, the owner shall be entitled to pay the same, and shall thereupon be entitled, until the next succeeding church rate is made, to stand for all purposes relating to church rates
(including the attending at vestries and voting thereat) in the place 31 & 32 Vict. in which such occupier would have stood.”
Power to appoint Church Trustees.] Sect. 9. “A body of trustees may be appointed in any parish for the purpose of accepting, by bequest, donation, contract, or otherwise, and of holding any contributions which may be given to them for ecclesiastical purposes in the parish. The trustees shall consist of the incumbent and of two householders or owners or occupiers of land in the parish, to be chosen in the first instance, and also from time to time on any vacancy in the office by death, incapacity, or resignation, one by the patron, and the other by the bishop of the diocese in which the parish is situate. The trustees shall be a body corporate by the name of the church trustees of the parish to which they belong, having a perpetual succession and a common seal, with power to sue and be sued in their corporate name. The trustees may, from time to time, as circumstances may require, pay over to the churchwardens, to be applied by them either to the general ecclesiastical purposes
of the parish, or to any specific ecclesiastical purposes of the parish, any funds in their hands, and the funds so paid over may be applied to such purposes, and shall not be applied to any other purpose:-provided always, that no power shall be thereby conferred on the church wardens to take order with regard to the ecclesiastical purposes of the parish further or otherwise than they are now by law entitled to do ;-provided also, that due regard shall be had to the directions of the donors of funds contributed for any special ecclesiastical purposes; and, subject as aforesaid, the trustees may inrest in government or real securities any funds in their hands, and accumulate the income thereof, or otherwise deal with such funds as they think expedient, subject to the provisions of this act. The incumbent shall be the chairman of the trustees. The trustees shall once at the least in every year lay before the vestry an account of their receipts and expenditure during the preceding year, and of the mode in which such receipts have been derived and expenditure incurred, together with a statement of the amount, if any, of funds remaining in their hands at the date of such account."
COAST GUARD SERVICE. By 19 & 20 Vict. c. 83, s. 8, the statutes in force as to her Majesty's 19 & 20 Vict. ships and vessels, and forces by sea, and the acts 10 & 11 Vict. c. 62, c. 83. and 16 & 17 Vict. c. 69 (in title “ Navy, Seamen in Her Majesty's,” post)
, are to apply to such of the coast guard as are borne on the books of any ship belonging to her Majesty's fleet. By sect. 21 of the Naval Coast Volunteers Act, 16 & 17 Vict. c. 73, it is provided (inter alia), that if “any officer or man of the coast guard, or of any
. of her Majesty's cruisers, seamen, rigger, or other person required
19 & 20 Vict. to serve" in the navy under that act, shall not appear to enter into c. 83.
actual service or not join the ship when required, he is to be liable to be apprehended and punished in the same manner as persons belonging to her Majesty's navy and deserting or improperly absenting themselves from duty.
24 & 25 Vict. c. 99.
COIN. Settlement of Disputes as to Genuineness of Cuin tendered.] By 24 & 25 Vict. c. 99, s. 26, “Where any coin shall be tendered as the Queen's current gold or silver coin to any person who shall suspect the same to be diminished otherwise than by reasonable wearing, or to be counterfeit, it shall be lawful for such person to cut, break, bend or deface such coin,--and if any coin so cut, broken, bent or defaced shall appear to be diminished otherwise than by reasonable wearing, or to be counterfeit, the person tendering the same shall bear the loss thereof;—but if the same shall be of due weight, and shall appear to be lawful coin, the person cutting, breaking, bending or defacing the same is hereby required to receive the same at the rate it was coined for;—and if any dispute shall arise whether the coin so cut, broken, bent or defaced be diminished in manner aforesaid, or counterfeit, it shall be heard and finally determined in a summary manner by any justice of the peace, who is hereby empowered to examine upon oath as well the parties as any other person, in order to the decision of such dispute [Vide Forms, Nos. 3, 4, p. 119, Oke's 'Formulist,' 6th edit.];—and the tellers at the receipt of her Majesty's Exchequer, and their deputies and clerks, and the receivers general of every branch of her Majesty's revenue, are hereby required to cut, break or deface, or cause to be cut, broken or defaced, every piece of counterfeit or unlawfully diminished gold or silver coin which shall be tendered to them in payment of any part of her Majesty's revenue.”
Settlement of Disputes as to defacing light Gold Coin.] By “The Coinage Act, 1870,” 33 Vict. c. 10, s. 7, “Where any gold coin of the realm is below the current weight as provided by this act, or where any coin is called in by any proclamation, every person shall, by himself or others, cut, break, or deface any such coin tendered to him in payment, and the person tendering the same shall bear the loss. If any coin cut, broken, or defaced in pursuance of this section is not below the current weight, or has not been called in by any proclamation, the person cutting, breaking, or defacing the same shall receive the same in payment according to its denomination. Any dispute which may arise under this section may be determined by a summary proceeding” [i. e., after a summons under the 11 & 12 Vict. c. 43, as provided by sect. 18, Vol. I., p. 340, Note 64, before two justices].
Search Warrant for counterfeit Coin, Coining Tools, c.] By 24 &
33 Vict. c. 10.
24 & 25 Vict.
25 Vict. c. 99, s. 27, “If any person shall find or discover in any 24 & 25 Vict.
such coin, or any filings or clippings, or any gold or silver bullion, or any gold or silver in dust, solution, or otherwise, which shall have been produced or obtained by diminishing or lightening any of the Queen's current gold or silver coin, it shall be lawful for the person so finding or discovering and he is hereby required to seize the same, and to carry the same forth with before some justice of the peace ;-and where it shall be proved, on the oath of a credible witness before any justice of the peace, that there is reasonable cause to suspect that any person has been concerned in counterfeiting the Queen's current gold, silver, or copper coin, or any such foreign or other coin as in this act before mentioned; or has in his custody or possession any such false or counterfeit coin, or any instrument, tool, or engine whatsoever adapted and intended for the making or counterfeiting of any such coin, or any other machine used, or intended to be used, for making or counterfeiting any such coin, or any such filings, clippings, or bullion, or any such gold or silver in dust, solution, or otherwise as aforesaid, it shall be lawful for any justice of the peace, by warrant under his hand, to cause any place whatsoever belonging to or in the occupation or under the control of such suspected person to be searched, either in the day or in the night, and if any such false or counterfeit coin, or any such instrument, tool, of engine, or any such machine, or any such filings, clippings, or
any such gold or silver in dust, solution, or otherwise, 23 aforesaid, shall be found in any place so searched, to cause the same to be seized and carried forthwith before some justice of the peace;-—and whensoever any such false or counterfeit coin, or any such instrument, tool or engine, or any such machine, or any such filings
, clippings, or bullion, or any such gold or silver in dust, solution
, or otherwise as aforesaid, shall in any case whatsoever be seized and carried before any justice of the peace, he shall, if necessary, cause the same to be secured for the purpose of being produced in evidence against any person who may be prosecuted for any
offence against this act (see Offences in tit. “Coin,' ante, pp. 1052—1058]; and all such false and counterfeit coin, and all instruments, tools, and engines adapted and intended for the making or counterfeiting of coin, and all such machines, and all such filings, clippings, and bullion, and all such gold and silver in dust, solution, or otherwise as aforesaid, after they shall have been produced in evidence, or when they shall have been seized, and shall not be required to be
24 & 25 Vict. produced in evidence, shall forthwith be delivered up to the officers c. 99.
of her Majesty's mint, or to the solicitors of her Majesty's treasury, or to any person authorized by them to receive the same." (Forms of Information and Warrant, Nos. 116, 117, Oke's "Formulist," 6th edit. pp. 531, 532.
10 & 11 Vict. c. 16.
COMMISSIONERS (PUBLIC). “ The Commissioners Clauses Act, 1847," 10 & 11 Vict. c. 16, the extent of which is shown in Note 65, Vol. I. p. 341, provides for various matters being heard and determined before justices, viz.:
A summary remedy before two or more justices against collectors, or other officers of the commissioners failing to account or to deliver up documents, &c. (ss. 70, 71, 72, 73).
Two justices may appoint a receiver on arrear of interest on mortgages (s. 87).
Two justices may settle amount of remuneration to be paid to auditors of accounts, in case of dispute (s. 92).
8 & 9 Vict. c. 16.
COMPANIES CLAUSES ACT. 26 Appointment of Receiver of Tolls.) On arrear of principal and interest due to mortgagee of the company after demand (8 & 9 Vict. c. 16, s. 53), and on application of mortgagee, two justices may, by order in writing, after hearing the parties, appoint a receiver of the whole or a competent part of the tolls or sums liable to the payment of the money, to act till the same be paid off (s. 54).
Certificate of Capital.] Upon production of the books of the company, and of such other evidence as he shall think sufficient, one justice may grant a certificate that a definite portion of the capital has been subscribed or paid up, before borrowing money (s. 40). [Forms of Affidavit in Proof of Facts and Certificate, Nos. 1, 2, pp. 336, 337, Oke's “ Formulist,” 6th edit.]
Officers of Company not accounting, &c.] By sect. 110, officers employed by the company are, when required, to make out and
26 This act of 8 & 9 Vict. c. 16, is “ The Companies Clauses Consolidation Act, 1845," which applies to "every joint-stock company which shall by any act which shall thereafter [8th May, 1845] be passed be incorporated for the purpose of carrying on any undertaking, and this act shall be incorporated with such act” (s. 1). By sect. 3, the word “ "justice" is to mean a justice of the peace for the county, &c, where the matter requiring the cognizance of any such justice shall arise, and who shall not be interested in the matter (see Wakefield Local Board of Health v. W. R. and Grimsby Railway Co., 35 L. J. (N. S.) M. C. 69]; and the expression “two justices” is to be understood to mean two justices assembled and acting together in petty sessions. The act is not incorporated with the Lands Clauses or Railways Clauses Acts, 1845, 8 & 9 Vict. c. 18; 8 & 9 Vict. c. 20. The act has been amended in matters not within this work by 26 & 27 Vict. c. 118, and 32 & 33 Vict. c. 48.