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such Agree

ment, not subject to any Penalty on

account thereof.

All such Engagements entered into before 9th April 1827, valid and effectual in Law.

Engagements not bonâ fide

made with such

Intent.

If the Person
so specially
named be not
presented to
such Spiritual

Office within
Six Months,

shall be void.

any

not be liable to any Pains, Penalty, Forfeiture, Loss, or Disability, nor to any Prosecution or other Proceeding, Civil, Criminal, or Penal, in Court Ecclesiastical or Temporal, for or by reason of his, her, or their having made, given, or entered into or accepted 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.

II. And be it further enacted, That every such Engagement which hath been made, given, or entered into at any Time before the said Ninth Day of April in the present Year of our Lord One thousand eight hundred and twenty seven, for the Resignation of any Benefice with Cure of Souls, Dignity, Prebend, or Living Ecclesiastical, to the Intent or Purpose, manifested by the Terms 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.

III. Provided always, That nothing in this Act contained shall extend or be construed to extend to the Case of any Engagement which shall not have been made, given, or entered into 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.

IV. Provided always, and be it further enacted, That in every Case where any such Spiritual Office shall after the passing of this Act be resigned pursuant to any such Engagement, and the Person, or One of the Two Persons, so specially named or described therein shall not be presented, collated, nominated, or appointed by Donation to such Spiritual Office within Six Calendar the Resignation Months next after such Resignation, the Resignation which shall 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 Furposes 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 commenced. any 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.

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.]

WHEREAS the Wardenship of the College of Youghal and

the Rectory of the Parish of Youghal, within the Diocese 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, appointed 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 Collation of the Bishop of Cloyne, being Warden of the said College 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 assembled, and by the Authority of the same, That from and after the Expiration of Six Calendar Months from and after the passing of this Act, the Rectory and Rectorial Tithes of the said Parish of Youghal, so as aforesaid heretofore appropriated and united to the Bishopric of the said Diocese of Cloyne, shall become and be actually disappropriated, disunited, and divested from and out of the Bishopric of the said Diocese of Cloyne; and that the said Rectory, when so disappropriated and disunited, shall be and become a Rectory, Parish, and Collative Benefice, with Cure of Souls, in the 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,

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Tithes of the

Parish of

Youghal shall be disunited

from the Bishopric of Cloyne, and become a Bene

fice with Cure

in the Patronage of the Bishop, being Warden

2 G.1. (I.) c. 14. s. 16.

Public Act.

9 H. 3. st. 2. c. 10.

the said Bishop of Cloyne and his Successors, being Wardens of the said College of Youghal, shall have the Right of Patronage and Collation to the said Rectory, and shall and may, from and after the Expiration of Six Calendar Months from and after the passing of this Act, and so from time to time whenever the said Rectory shall become or be vacant, collate any Person to be Rector and Incumbent of the said Parish or Rectory, and shall and may cause such Incumbent to be instituted and inducted into such Rectory; and every such Person so collated, instituted, and inducted, shall be and become Rector and Incumbent of such Rectory, Parish, and Benefice, and shall have Cure of Souls in such Rectory, Parish, and Benefice, and shall be entitled to the Rectorial Tithes, and to all other Emoluments and Profits of the said Rectory, Parish, and Benefice, disappropriated and disunited from the Bishopric of the said Diocese.

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II. And Whereas, by an Act made in the Parliament of Ireland in the Second Year of the Reign of King George the First, inti'tuled An Act for the real Union and Division of Parishes, it is among other Things enacted, that all Acts of Parliament for the 'uniting or disuniting of particular Parishes or Parts of Parishes, or erecting particular Churches, shall be deemed as Public and 'General Acts in all Courts and by all Persons, and that no Fees shall be paid or taken by any Person or Persons for passing any such Act of Parliament: And Whereas it is expedient that a like • Provision should be made in this Case;' Be it therefore enacted, That this present Act is and shall be deemed a Public and General Act, and shall be judicially taken notice of as such in all Courts, and by all Judges, Justices, and others, without being specially pleaded; and that no Fees shall be paid or taken by any Person or Persons for the passing the same.

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CA P. XXVII.

An Act for repealing various Statutes in England relative to the Benefit of Clergy, and to Larceny and other Offences connected therewith, and to malicious Injuries to Property, and to Remedies against the Hundred. [21st June 1827.] THEREAS it is expedient to repeal various Statutes now in force in that Part of the United Kingdom called England, relative to the Benefit of Clergy; and it is also ex'pedient to repeal various Statutes relative to Larceny, and other Offences of Stealing, and to Burglary, Robbery, and Threats for the Purpose of Robbery or of Extortion, and to Embezzle'ment, False Pretences, and the Receipt of Stolen Property, in order that the Provisions contained in those Statutes may be 'amended and consolidated into One Act; and it is also expe'dient with the same View to repeal various Statutes relative to malicious Injuries to Property; and also with the same View 'to repeal various Statutes relative to Remedies against the Hundred;' Be it therefore 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 so much of a Charter or Statute made in the Ninth Year of the Reign of

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King Henry the Third, commonly called Charta de Forestá, as relates to the Punishment for taking the King's Venison; and so 3 Ed. 1. c. 2. much of a Statute made at Westminster in the Third Year of the & 20. Reign of King Edward the First, as relates to Clerks taken for

guilty of Felony, and to Trespassers in Parks and Ponds; and so 13 Ed.1. st.1. much of a Statute made at Westminster in the Thirteenth Year of c. 46. the same Reign, as ordains that the Towns near adjoining shall be distrained to levy at their own Cost a Hedge or Dyke overthrown,

and to yield Damages; and the whole of a Statute made in the 13 Ed. 1. st. 2. same Year, intituled Statutum Winton, except so much thereof

1 Ed. 3. st.1.

c. 8.

25 Ed. 3. st. 6. (vulgo st.3.)

c.4, 5.

28 Ed. 3. c.11.

as forbids Fairs and Markets being kept in Churchyards; and a 21 Ed.1. st. 2. Statute made in the Twenty first Year of the same Reign, intituled Statutum de Malefactoribus in Parcis; and so much of a Statute made in the First Year of the Reign of King Edward the Third, as relates to Trespasses in the King's Forests of Vert and Venison; and so much of a Statute made in the Twenty fifth Year of the same Reign, intituled Ordinatio pro Clero, as relates to Clerks convicted of Treasons or Felonies, and to the Arraignment of Clerks; and so much of a Statute made in the Twenty eighth Year of the same Reign, as relates to making Cry and fresh Suit, and to Hundreds and Franchises being answerable as therein mentioned; and so much of a Statute made in the Thirty fourth 34 Ed. 3. c. 22. Year, and of another Statute made in the Thirty seventh Year of 37 Ed. 3. c.19. the same Reign, as relates to Hawks; and so much of a Statute 8 H. 6. c.12. made in the Eighth Year of the Reign of King Henry the Sixth, as s. 3. relates to the Offences of stealing, taking away, withdrawing, or avoiding of any Record or other like Thing therein mentioned;

and so much of a Statute made in the Thirty third Year of the 33 H. 6. c.1. same Reign, as relates to Servants taking and spoiling the Goods

of their Masters after their Death; and an Act passed in the First 1 H.7. c.7. Year of the Reign of King Henry the Seventh, intituled An Act against unlawful Hunting in Forests and Parks; and an Act passed

in the Fourth Year of the same Reign, intituled An Act to take 4 H.7. c.!s. away the Benefit of Clergy from certain Persons; and an Act passed in the Twenty first Year of the Reign of King Henry the

Eighth, intituled An Act for the Punishment of such Servants as 21 H. 8. c. 7. shall withdraw themselves, and go away with their Masters or Mistresses' Caskets and other Jewels or Goods committed to them in Trust to be kept; and an Act passed in the same Year, intituled

An Act for Restitution to be made of the Goods of such as shall be 21 H. 8. c.11. robbed by Felons; and an Act passed in the Twenty third Year

of the same Reign, intituled An Act that no Person committing 23 H. 8. c. l. Petty Treason, Murder or Felony shall be admitted to his Clergy

under Subdeacon; and an Act passed in the same Year, intituled

An Act for breaking of Prison by Clerks Convict; and an Act 23 H. 8. c.11. passed in the Thirty first Year of the same Reign, intituled An 31 H.8. c. 2. Act against Fishing in Ponds; and an Act passed in the Thirty

third Year of the same Reign, intituled An Act concerning coun- 33 H. 8. c.1. terfeit Letters, or privy Tokens, to receive Money or Goods in other Men's Names; and an Act passed in the Thirty fourth and Thirty

fifth Years of the same Reign, intituled An Act for a Certificate of 34 & 35 H. 8. Convicts to be made into the King's Bench; and an Act passed in c.14.

the Thirty fifth Year of the same Reign, intituled An Act for the 35 H.8, c.17. Preservation of Woods; and an Act passed in the Thirty seventh

Year

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37 H. 8. c.6.

37 H. 8. c. 8.

$ 2.

1 Ed. 6. c. 12.
§ 10.14.

Year of the same Reign, intituled An Act against Burning of Frames; and so much of an Act passed in the same Year, intituled An Act that an Indictment lacking these Words, Vi et Armis, shall be sufficient in Law, as relates to Persons stealing any Horse, Gelding, Mare, Foal, or Filly; and so much of an Act passed in the First Year of the Reign of King Edward the Sixth, intituled An Act for the Repeal of certain Statutes concerning Treasons, Felonies, etc., as relates to House-breaking, Robbing, Horse-stealing, and Sacrilege, and to the Allowance of the Benefit of Clergy in any Case therein mentioned; and an Act passed in the Second and Third Years of the same Reign, intituled An Act that no Man stealing Horse or Horses shall enjoy the Benefit of his Clergy; and an Act passed in the Fifth and Sixth Years of the same Reign, intituled An Act that no Man robbing any House, Booth, or Tent, shall not be admitted to the Benefit of his Clergy; and so much of an Act passed in the Fourth and Fifth Years of the Reign of 4 & 5 P. & M. King Philip and Queen Mary, intituled An Act that Accessories in

2 & 3 Ed. 6.
c. 33.

5 & 6 Ed.6.
c. 9.

c.4.

+ Sic.

5 Eliz. c. 10.

5 Eliz. c.21.

8 Eliz. c.4.

13 Eliz. c.25. $ S. 18, 19.

18 Eliz. c.7

27 Eliz. c.19.
31 Eliz. c. 4.

31 Eliz. c.12.
§ 5.

39 Eliz, c. 15.

43 Eliz. c.7

43 Eliz. c.13.

2 Jac. 1. c. 27.
recognized as
existing in
2 G.3. c.29.

† Sic.

Murder and divers Felonies shall not have the Benefit of Clergy, as relates to Accessories to any Robbery or Burning therein mentioned; and an Act passed in the Fifth Year of the Reign of Queen Elizabeth, intituled An Act reviving a Statute made Anno 21 H. 8. touching Servants embezzling their Masters' Goods; and another Act passed in the same Fifth Year, intituled An Act for the Punishment of unlawful taking of Fish, Deer, or Hawks; and an Act passed in the Eighth Year of the same Reign, intituled An Act to take away the Benefit of Clergy from certain felonious Offenders; and so much of an Act passed in the Thirteenth Year of the same Reign, intituled An Act for the reviving and Continuance of certain Statutes, as alters and perpetuates the Act of the Thirty fifth Year of the Reign of King Henry the Eighth hereinbefore recited; and so much of an Act passed in the Eighteenth Year of the Reign of Queen Elizabeth, intituled An Act to take away Clergy from the Offenders in Rape and Burglary, and an Order for the Delivery of Clerks Convict without Purgation, as relates to Burglary, and to Persons admitted to the Benefit of Clergy; and an Act passed in the Twenty seventh Year of the same Reign, intituled An Act for the following of Hue and Cry; and an Act passed in the Thirty first Year of the same Reign, intituled An Act against embezzling of Armour, Habiliments of War, and Victual; and so much of an Act passed in the same Year, intituled An Act to avoid Horse-stealing, as enacts that all Accessories to Horse-stealing shall be deprived of the Benefit of Clergy; and an Act passed in the Thirty ninth Year of the same Reign, intituled An Act that no Person robbing any House in the Day-time, although no Person be therein, shall be admitted to have the Benefit of his Clergy; and an Act passed in the Forty third Year of the same Reign, intituled An Act to avoid and prevent divers Misdemeanors in lewd and idle Persons; and an Act passed in the same Year, intituled An Act for the more peaceable Government of the Parts of Cumberland, Northumberland, Westmorland, and the Bishopric of Durham; and so much of an Act passed in the Second Year of the Reign of King James the First, intituled An Act for the better Execution of the Intent and Meaning of former Statutes made against shooting in † Guns, and for the Pre

servation

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