Sivut kuvina
PDF
ePub

tinue so.

XVI. And be it further enacted, That if any Person shall injure, Persons injurdamage, incumber, ride upon, drive upon, or otherwise use any ing Footpaths public Footpath or Causeway, by the side of and adjacent to any Penalties of Turnpike Road, to the Prejudice, Annoyance, Interruption, or recited Acts, personal Danger of any Person travelling thereon, every Person whether reso offending shall be liable to the same Penalties in respect of paired by Trussuch Offences as by the Acts hereinbefore recited are imposed in tees of the respect of such Offences, whether such Footpath or Causeway be Road or by the

Parish. made, maintained, and repaired by the Trustees of the Turnpike Road thereunto adjoining, or by the Inhabitants of the Parish wherein such Footpath or Causeway is situated, or by any other Person whatever.

XVII. And be it further enacted, That where any Part or Parts Lands liable to of any Turnpike Road, or any Bridges, Arches, Drains, or Sewers Repair of lying in and upon such Road, have been accustomed or ought to Roads, Bridges, be repaired and maintained by any particular Person, Body Politic &c. to conor Corporate, by reason of the Tenure of any Lands, Tenements, or Hereditaments, or otherwise, or by any County or any Parish, or where any Composition has been entered into or made in lieu thereof, all and every such Part or Parts of such Road, and all such Bridges, Arches, Drains, and Sewers, shall from time to time be maintained and kept in repair by such Person, Body Politic and Corporate, County or Parish, or such Composition shall be paid, in such Manner as the same were respectively maintained and kept in repair or paid before the passing the said recited Acts, or of any Local Act for making or maintaining any Turnpike Road.

XVIII. And be it further enacted, That all Mines of Iron, Tin, Minerals under Lead, Copper, Coal, and other Minerals whatsoever, which shall Road to belong be discovered or found in or under any Land to be used for any

to original ProTurnpike Road, shall be and they are hereby reserved to the Per- prietors of son, Body Politic, Corporate or Collegiate, who would have been seised of or entitled to the same in case the Act for making such Road had not been passed, with Liberty for him, or his Agents or Servants, to dig for, mine, and work the same, in such Manner as is usual for carrying on Works of that Kind in the County, Dis. trict, or Place where such Mines shall be found, in as full and ample a Manner as if the said Land had not been taken and appropriated for the Purposes aforesaid, so that in the working thereof no Damage shall be done to such Road or any Part thereof.

XIX. And be it further enacted, That the Word Trustees in the Explanation of said recited Acts or any of them, or in this Act, shall be deemed Words in Act. and construed to extend to all or any of the Trustees or Commissioners appointed for the Execution of any Act or Acts for making, amending, repairing, maintaining, or keeping in repair any Turnpike Road; and the Word Person in the said recited Acts or any of them, or in this Act, shall be deemed and construed to extend to and to include any One or more Person or Persons, and of either Sex; and that the Word County in the said recited Acts or any of them, or in this Act, shall be deemed and construed to extend to and to include Riding or Division; and that the Word Parish in the said recited Acts or any of them, or in this Act, shall be deemed and construed to extend to and to include Ward, District, Hamlet, Township, or Place.

L 2

XX. And

Extending Powers of former Acts.

XX. And be it further enacted, That all the Powers, Authorities, Clauses, Provisions, Penalties, Forfeitures, Matters, and Things contained in the said Acts of the Third and Fourth Years of the Reign of His present Majesty, shall, so far as the same are not altered or varied by this present Act, extend and be construed to extend to this Act, and shall be applied and put in execution as fully and effectually, to all Intents and Purposes, as if the same were repeated and re-enacted in the Body of this Act, and made Part thereof.

31 Eliz. c. 6.

[ocr errors]
[ocr errors]

CA P. XXV.
An Act for the Relief of certain Spiritual Persons and Patrons

of Ecclesiastical Preferments, from certain Penalties; and
rendering valid certain Bonds, Covenants, or other Assur-
ances for the Resignation of Ecclesiastical Preferments.

[14th June 1827.] :W

THEREAS by an Act made and passed in the Thirty first

Year of the Reign of Her late Majesty Queen Elizabeth, * intituled An Act against Abuses in Elections of Scholars and Pre

sentations to Benefices, it is enacted in the Words or to the Effect

following ; to wit, “ For the avoiding of Simony and Corruption ' in Presentations, Collations, and Donations of and to Benefices,

Dignities, Prebends, and other Livings and Promotions Eccle. • siastical, and in Admissions, Institutions, and Inductions to the

same, be it further enacted by the Authority aforesaid, that if any

Person or Persons, Bodies Politic and Corporate, shall or do at any Time after the End of Forty Days next after the End

of this Session of Parliament, for any Sum of Money, Reward, • Gift, Profit, or Benefit, directly or indirectly, or for or by reason

of any Promise, Agreement, Grant, Bond, Covenant, or other • Assurance, of or for any Sum of Money, Reward, Gift, Profit, or • Benefit whatsoever, directly or indirectly present or collate any • Person to any Benefice with Cure of Souls, Dignity, Prebend,

or Living Ecclesiastical, or give or bestow the same for or in respect of any such corrupt Cause or Consideration, that then every such Presentation, Collation, Gift, and Bestowing, and every Admission, Institution, Investiture, and Induction there.

upon, shall be utterly void, frustrate, and of none Effect in Law; • and that it shall and may be lawful to and for the Queen's Ma* jesty, Her Heirs and successors, to present, collate unto, or • give or bestow every such Benefice, Dignity, Prebend, and • Living Ecclesiastical, for that One Tinie or Turn only; and that • all and every Person or Persons, Bodies Politic and Corporate, • that from thenceforth shall give or take any such Sum of Money, • Reward, Gift, or Benefit, directly or indirectly, or that shall take

or make any such Promise, Grant, Bond, Covenant, or other • Assurance, shall forfeit and lose the double Value of One Year's

Profit of every such Benefice, Dignity, Prebend, and Living • Ecclesiastical; and the Person so corruptly taking, procuring,

seeking, or accepting any such Benefice, Dignity, Prebend, or • Living, shall thereupon and from thenceforth be adjudged a dis• abled Person in Law to have or enjoy the same Benefice,

• Dignity,

[ocr errors]

6

[ocr errors]

* Dignity, Prebend, or Living Ecclesiastical :" And Whereas "since the passing of the said Act many Spiritual Persons or . others, before or after the Presentation or Collation or Appoint* ment by Donation, of Spiritual Persons to Spiritual Offices, being • Benefices with Cure of Souls, Dignities, Prebends, or Livings • Ecclesiastical, have made, given, or entered into certain En'gagements by Promise, Agreement, Grant, Bond, Covenant, or • other Assurance, to or with the Patron or Patrons of such Spi' ritual Offices, or to or with some other Person or Persons, for . the Resignation of such Spiritual Offices, to the Intent or Pur• pose that some Person specially named or described in such

Engagement, or One of Two Persons so specially named or • described, should be presented, collated, or nominated to such • Spiritual Offices respectively, or that the same should be given • or bestowed to or upon him, or for the Resignation thereof upon • Notice or Request or otherwise, when a Person, or One of Two • Persons, so specially named or described, should become quali

fied by Age or otherwise to accept and take the same: And • Whereas it has lately been adjudged and determined at Law that ' such Engagements as aforesaid come within the Intent and • Meaning of the said recited Act: And Whereas the Spiritual • Persons and Patrons, and other Persons, who have been Parties . to such Engagements, will suffer great Hardship and Detriment • unless they be relieved from the Pains, Penalties, Forfeitures, • Loss, or Disabilities to which they have erroneously, but without • having wilfully acted in contravention of the said recited Act, • rendered themselves liable, by reason of having given or entered • into, or accepted or taken such Engagements; For remedy thereof, be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That no Presentation, Collation, No PresentGift, or Bestowing of any such Spiritual Office to or upon any ation to any Spiritual Person, before the Ninth Day of April in the present Spiritual Office, Year of our Lord One thousand eight hundred and twenty seven,

made before 9th

April 1827, nor any Admission, Institution, Investiture, or Induction there- shall be void on upon, shall be void, frustrate, or of no effect in Law, for or by account of any reason of any such Engagement made, given, or entered into by Agreement to such Spiritual Person, or any other Person or Persons, to or with resign when the Patron or Patrons of such Spiritual Office, or to or with any

another Person, other Person or Persons, for the Resignation of the same, to the named, shall

specially Intent or Purpose manifested by the Terms of such Engagement, become qualithat some Person specially named or described therein, or One of fied to take the Two Persons so specially named or described, should be presented, same. collated, or nominated to such Spiritual Office, or that the same should be given or bestowed to or upon him, or for the Resignation thereof upon Notice or Request, or otherwise, when a Person, or One of Two Persons, so specially named or described, should become qualified, by Age or otherwise, to accept and take the same; and that it shall not be lawful for the King's most Excel. lent Majesty, His Heirs, or Successors, for or by reason of such Engagement as aforesaid, to present or collate unto, or give or bestow such Spiritual Office; and that such Spiritual Person, and Persons Patron or Patrons, or other Person or Persons respectively, shall making ang

L 3

[ocr errors][ocr errors][ocr errors]

not

such Agree- not be liable to any Pains, Penalty, Forfeiture, Loss, or Disability, ment, not sub

nor to any Prosecution or other Proceeding, Civil, Criminal, or ject to any Penalty on

Penal, in any Court Ecclesiastical or Temporal, for or by reason account

of his, her, or their having made, given, or entered into or acthereof. cepted or taken such Engagement as aforesaid; and that every

such Presentation or Collation, or Gift or Bestowing, before the said Ninth Day of April in the present Year of our Lord One thousand eight hundred and twenty seven, and every Admission, Institution, Investiture, and Induction thereupon, shall be as valid and effectual in the Law, to all Intents and Purposes whatsoever, as if such Engagement had not been made, given, or entered into, or accepted or taken; any thing in the said recited Act, or in any other Act, Statute, or Canon, or any Law to the contrary in any wise notwithstanding.

IL And be it further enacted, That every such Engagement All such Engagements

which hath been made, given, or entered into at any Time before entered into the said Ninth Day of April in the present Year of our Lord One before 9th thousand eight hundred and twenty seven, for the Resignation April 1827,

of any Benefice with Cure of Souls, Dignity, Prebend, or Living valid and effectual in

Ecclesiastical, to the Intent or Purpose, manifested by the Terms Law.

of such Engagement, that some Person specially named or described therein, or One of Two Persons so specially named or described, should be presented, collated, or nominated to such Spiritual Office, or that the same should be given or bestowed to or upon him, or for the Resignation thereof upon Notice or Request or otherwise, when a Person, or One of Two Persons, so specially named or described, should become qualified, by Age or otherwise, to accept and take the same, shall be good, valid, and effectual in the Law to all Intents and Purposes whatsoever; any thing in the said recited Act, or in any other Act, Statute, or

Canon, or any Law to the contrary in any wise notwithstanding. Engagements III. Provided always, That nothing in this Act contained shall not bonâ fide extend or be construed to extend to the Case of any Engagemade with such ment which shall not have been made, given, or entered into Intent.

really and bona fide to the Intent or Purpose aforesaid, and no other : Provided also, that nothing herein contained shall be

deemed compulsory upon the Ordinary to accept the Resignation. If the Person IV. Provided always, and be it further enacted, That in every so specially Case where any such Spiritual Office shall after the passing of this named be not

Act be resigned pursuant to any such Engagement, and the presented to such Spiritual

Person, or One of the Two Persons, so specially named or deOffice within

scribed therein shall not be presented, collated, nominated, or apSix Months, pointed by Donation to such Spiritual Office within Six Calendar the Resignation Months next after such Resignation, the Resignation which shall sliall be void.

so have been made pursuant to such Engagement shall to all Intents and Purposes be void and of no Effect; and the Spiritual Person who shall so have resigned shall, without any Act or Form, and as if such Resignation had not been made, be deemed and taken to all Intents and Purposes to be and to have continued the Incumbent actually in Possession of such Spiritual Office, notwithstanding such Resignation, and although within the said Six Months any other Person may have been presented, collated, nominated, instituted, or inducted thereto, or received Investiture thereof, provided such Person so resigning shall not

by

by reason of any other Act or Thing have become disqualified to hold the same.

V. Provided also, and be it further enacted, That nothing in Proviso for this Act contained shall extend or be construed to extend to the Proceedings Case of any such Engagement, upon or with respect to which already comany Action, Suit, Bill, Plaint, or Information shall have been brought, sued out, or commenced and prosecuted before the Ninth Day of April in this present Year.

.

6

:

6

CAP. XXVI.
An Act for disappropriating, disuniting, and divesting the

Rectory and Rectorial Tithes of the Parish of Youghal
from and out of the Bishopric of the Diocese of Cloyne, in
Ireland, whereby the Incumbent of such Rectory should
have the actual Cure of Souls in the said Parish.

[14th June 1827.] THEREAS the Wardenship of the College of Youghal and

the * of Cloyne, are perpetually united, annexed, and appropriated to

the Bishopric of the Diocese of Cloyne, and the Bishops for the • Time being of the said Diocese have received the Rectorial • Tithes of the said Parish, and have provided for the Cure of • Souls in the said Parish by Two resident Curates there, ap* pointed by such Bishops: And Whereas it would be highly • beneficial to the Cure of Souls in the said Parish, that the said • Rectorial Tithes of the said Parish so as aforesaid annexed and ' appropriated to the Bishopric of the said Diocese, should be

disappropriated, disunited, and divested from and out of the • Bishopric of the said Diocese of Cloyne, and that the said Parish

should be a Rectory or Benefice with Cure of Souls in the Col• lation of the Bishop of Cloyne, being Warden of the said Col• lege of Youghal for the Time being : May it therefore please Your Majesty, upon the Petition of the Lord Bishop for the Time being of the Diocese of Cloyne, and Warden of the College of Youghal, and the humble Petition of the Two resident Curates of the said Parish of Youghal for the Time being, that it may be enacted; And be it enacted by the King's most Excellent Ma- The Rectory jesty, by and with the Advice and Consent of the Lords Spiritual and Rectorial and Temporal, and Commons, in this present Parliament assem

Tithes of the bled, and by the Authority of the same, That from and after the Parish of Expiration of Six Calendar Months from and after the passing of

Youghal shall

be disunited this Act, the Rectory and Rectorial Tithes of the said Parish of from the BiYoughal, so as aforesaid heretofore appropriated and united to the shopric of Bishopric of the said Diocese of Cloyne, shall become and be ac- Cloyne, and tually disappropriated, disunited, and divested from and out of the become a BeneBishopric of the said Diocese of Cloyne; and that the said Rectory, in the Patronage when so disappropriated and disunited, shall be and become a of the Bishop, Rectory, Parish, and Collative Benefice, with Cure of Souls, in the being Warden Patronage and Gift of the said Bishop of Cloyne, being Warden of the College of the said College of Youghal, and his Successors from time to of Youghal. time for the Time being; and that from and after the Expiration of Six Calendar Months from and after the passing of this Act, I. 4

the

« EdellinenJatka »