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. therein mentioned, for the Support and Maintenance of a Pro'testant Clergy within the same; and it was further enacted, that * all and every the Rents, Profits, or Emoluments which might at 'any Time arise from such Lands so allotted and appropriated

as aforesaid, should be applicable solely for the Maintenance

and Support of a Protestant Clergy, within the Province in ' which the same should be situated, and to no other Purpose

whatever: And Whereas in pursuance of the said Act such ' Allotments and Appropriation of Land as aforesaid have from ' time to time been reserved for the Purposes therein mentioned; ' which Lands are known within the said Provinces by the Name ' of The Clergy Reserves : And Whereas the said Clergy Reserves • have in great Part remained waste and unproductive, from the • Want of Capital to be employed in the Cultivation thereof; and • it is expedient to authorize the Sale of certain Parts of such * Clergy Reserves, to the Intent that the Monies arising from ' such Sale may be employed in the Improvement of the remain' ing Part of the said Clergy Reserves, or otherwise, for the Pur• poses for which the said Lands are so reserved as aforesaid;' 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 it shall and may be lawful for the Governor or Governor and Lieutenant Governor, or Officer administering the Lieutenant Government of the said Provinces, or either of them, with the Governor, &c. Consent of the Executive Council appointed within such Province Sell Part of for the Affairs thereof, in pursuance of any Instructions which may Clergy Rebe issued to such Governor, Lieutenant Governor, or other Officer serves in as aforesaid, by His Majesty, through One of His Principal Canada. Secretaries of State, to sell, alienate, and convey, in Fee Simple, or for any less Estate or Interest, a Part of the said Clergy Reserves in each of the said Provinces (not exceeding in either Province One Fourth of the Reserves within such Province), upon, under, and subject to such Conditions, Provisoes, and Regulations as His Majesty, by any such Instructions as aforesaid, shall be pleased to direct and appoint: Provided nevertheless, that the Limiting the Quantity of the said Clergy Reserves so to be sold as aforesaid in Quantity of any One Year, in either of the said Provinces, shall not in the Land to be sold

in One Year. whole exceed One hundred thousand Acres: Provided also, that the Monies to arise by or to be produced from any such Sale or Money to be Sales shall be paid over to such Officer or Officers of His Majesty's Funds, and Revenue within the said Provinces respectively as His Majesty Dividends and shall be pleased to appoint to receive the same, and shall by such Interest applied Officer or Officers be invested in the Public Funds of the United in ImproveKingdom of Great Britain and Ireland, in such Manner and Form ment of re.

maining Part. as His Majesty shall from time to time be pleased to direct: Provided also, that the Dividends and Interest accruing from such Public Funds, so to be purchased, shall be appropriated, applied, and disposed of for the Improvement of the remaining Part of the said Clergy Reserves, or otherwise, for the Purposes for which the said Lands were so reserved as aforesaid, and for no other Purpose whatsoever; save only so far as it may be necessary to apply the same, or any Part thereof, in or towards defraying the Expences of or attendant upon any such Sale or Sales as aforesaid;

and

Governor, &c. may grant or accept Lands in exchange for Clergy Reserves,

and which Appropriations shall be so made in such Manner and Form, and for such special Purposes, as His Majesty from time to time shall approve and direct.

II. And be it further enacted, That it shall and may be lawful for the Governor, Lieutenant Governor, or Officer administering the Government of the said Provinces, with the Consent of such Executive Council as aforesaid, in pursuance of any Instructions which may in Manner aforesaid be issued to him, to give and grant, in exchange for any Part of the said Clergy Reserves, any Lands of and belonging to His Majesty within the said Provinces of equal Value with such Clergy Reserves so to be taken in exchange, or to accept in exchange for any such Clergy Reserves, from any Person or Persons, any Lands of equal Value ; and all Lands so taken in exchange for any such Clergy Reserves shall be holden by His Majesty, His Heirs and Successors, in Trust for the several Purposes to which the said Clergy Reserves are appropriated by the said Act so passed in the Thirty first Year of the Reign of His late Majesty King George the Third, or by this present Act.

7 & 8 G. 4. C. 4.

CAP. LXIII
An Act to explain so much of an Act of the present Session

of Parliament, for punishing Mutiny and Desertion, as re

lates to the Transportation of Offenders. [2d July 1827.] : W

THEREAS by an Act passed in this present Session of Parsertion, and

for the better Payment of the Army and their Quarters, it is (amongst other Things) enacted, that whenever His Majesty • shall intend any Sentence of a Court-martial of Transportation • to be carried into Execution, or shall be graciously pleased to • extend His Mercy, upon Condition of Transportation, to any • Offender liable to the Punishment of Death by the Sentence of

a Court-martial, such Sentence, together with His Majesty's • Pleasure upon the same, shall be notified in Writing by the • Commander in Chief for the Time being of His Majesty's Forces . in Great Britain and Ireland, or in the Absence of the Com' mander in Chief, then by the Adjutant General for the Time

being, to any Justice of the King's Bench, Common Pleas, or • Baron of the Exchequer of the Degree of the Coif, in England,

any Justice of the King's Bench, Common Pleas, or Baron of the Exchequer, in Ireland; and thereupon such Justice or • Baron shall make an Order for the Transportation of such • Offender, upon the Terms and for the Time which shall be spe• cified in such Notification, and shall also make such other Order

or Orders, and do all such other Acts consequent upon the

same, as any such Justice or Baron is authorized to make or • do by any Act or Acts in force at the Time of making any such • Orders in relation to the Transportation of Offenders: And • whereas Doubts have arisen whether the Adjutant General or • Secretary at War is or are thereby authorized to notify such • Sentence, together with His Majesty's Pleasure upon the same, ' when there shall not be any person appointed Commander in

· Chief

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• Chief of His Majesty's Forces in Great Britain and Ireland:
* And Whereas it is expedient that such Doubts should be re-
• moved ;' Be it therefore declared and 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 Sentence of
whenever there shall not be any Person appointed Commander in Transportation
Chief of His Majesty's Forces in Great Britain and Ireland, the may be notified
Notification of such Sentence, and of His Majesty's Pleasure by the Secretary
thereupon, by the Secretary at War or his Deputy, shall be deemed Deputy when
and taken to be as good and effectual as if made in pursuance of there shall be
the said recited Act by the Commander in Chief or the Adjutant no Commander
General; and all Acts and Orders done and made in

in Chief.

pursuance of such Notification shall have the same Force and Effect and be as valid and effectual as if such Notification had been made by the Commander in Chief or the Adjutant General, as fully and effectually to all Intents and Purposes as if all the Powers and Provisions of the said recited Act were re-enacted as to all such Orders made by the Secretary at War or his Deputy.

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CAP. LXIV.
An Act to establish a Taxation of Costs on Private Bills in
the House of Lords.

[2d July 1827.]
: ,

CHEREAS it is expedient to establish a Taxation of the • Agents, in respect of Bills subject to the Payment of Fees in • Parliament, commonly called Private Bills, and incurred in com

plying with the Standing Orders of the House of Lords relative • to such Bills, and in preparing, bringing in, and carrying the same through, or in opposing the same in the House of Lords;' 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 if any Petitioner or Pe- On Application titioners for or against a Private Bill brought into the House of made to the Lords, or passed by the Commons House of Parliament and car

Clerk of the ried up to the House of Lords, or the Agent or Agents of any such Parliaments, as Petitioner or Petitioners, shall make Application to the Clerk of Expences of the Parliaments, when discharging the Duties of his Office in Private Bills, Person, or in his Absence to the Clerk Assistant, complaining of he shall direct the Amount of the Costs, Charges, and Expences charged by any

the same to be Parliamentary Agent; or if any Parliamentary Agent shall make Persons as he

taxed by such Application to the Clerk of the Parliaments, or Clerk Assistant as shall appoint. aforesaid, complaining that he is aggrieved by the Nonpayment of the Costs, Charges, and Expences charged by him in respect of any such Private Bill or Petition as aforesaid; it shall be lawful for the Clerk of the Parliaments, or Clerk Assistant as aforesaid, upon receiving any such Application, and he is hereby authorized and required, to direct that such Costs, Charges, and Expences, so far as the same shall relate to the House of Lords, shall be taxed by such Person or Persons as he shall think proper to appoint; and it shall be lawful for any Person or Persons so ap7 & 8 GEO. IV.

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pointed for the taxing such Costs, Charges, and Expences, and he and they is and are hereby required to tax the same, and to report to the Clerk of the Parliaments, or Clerk Assistant as aforesaid, the Amount of such Costs, Charges, and Expences which such Person or Persons shall think fit to be allowed upon and after such Taxation ; and the Clerk of the Parliaments, or Clerk Assistant as aforesaid, shall, upon Application, deliver to the Person or Persons concerned therein and requiring the same, a Certificate, signed by himself, expressing the Amount of the

Costs, Charges, and Expences allowed in and by such Report; Fees to be al

and it shall be lawful for the Person or Persons so appointed to lowed for such tax such Costs, Charges, and Expences, and he and they is and Taxation. are hereby authorized respectively to demand and receive for

such Taxation and Report such Fees as shall be from time to time fixed by any Resolution of the House of Lords, and for that Purpose to charge the Amount of such Fees at the foot of such Report, either against the Party applying for such Taxation, or against any Party complained of, or in such Proportions against each of such Parties as such Person or Persons so taxing such Costs, Charges, and Expences may think fit; and such Certificate, so signed by the Clerk of the Parliaments, or Clerk Assistant as aforesaid, shall be conclusive Evidence of all Demands therein certified; and the Party claiming under the same shall (upon receiving the Amount so certified) give a Receipt at the foot of such Certificate, and such Receipt shall be sufficient Discharge

for such Costs, Charges, and Expences. In Actions II. And be it further enacted, That if any Petitioner, Agent, or against Persons other Person liable to the Payment of such Costs, Charges, and

Expences, shall refuse to pay the Amount so certified by the the Costs, the

Clerk of the Parliaments, or Clerk Assistant as aforesaid, in any Certificate shall have the Effect Action which shall be commenced for the Recovery of such Costs, of a Warrant to Charges, and Expences, such Certificate so signed by him as confess Judg- aforesaid shall have the Force and Effect of a Warrant to confess

Judgment, and the Court in which such Action shall be commenced shall, upon Motion and Production of such Certificate, order Judgment to be entered up for the Sum specified in such Certificate, in like Manner as if the Defendant or Defendants in any such Action had signed a Warrant to confess Judgment in

such Action to that Amount. Taxators to III. And be it further enacted, That the Person or Persons so have Power to appointed as aforesaid for taxing such Costs, Charges, and Exadminister

pences shall be empowered, and he and they is and are hereby require Vouch- empowered, to administer an Oath to the Parties appearing before ers for all him or them in support of or in opposition to such Taxation, Monies touching the Matters relating thereto; and to require the Produc. charged by tion of proper Vouchers for all Monies charged as having been Parliamentary paid by any Parliamentary Agent in the Prosecution of or OpposiAgents.

tion to such Private Bill as aforesaid. Clerk of the

IV. And be it further enacted, That the Clerk of the Par. Parliaments to liaments, or Clerk Assistant as aforesaid, shall, before the First prepare a List Day of the next Session of Parliament, prepare a List of all of Charges to

Charges which shall appear to him to be justly due and payable be allowed to Parliamentary

to Parliamentary Agents, for their Skill, Time, and Labour beAgents. stowed by them in the Prosecution of or Opposition to such Pri.

liable to pay

ment.

vate Bills in the House of Lords as aforesaid; and such List of Charges shall, if approved by the House of Lords, be binding and conclusive upon all Parties concerned therein.

CA P. LXV. An Act to explain and remove Doubts touching the Admiralty.

[2d July 1827.] HEREAS Doubts may arise whether the Powers and Pri

vileges given to, and the Duties imposed upon, the Com• missioners for executing the Office of Lord High Admiral by * various Acts of Parliament, do extend and apply to the Lord • High Admiral: And Whereas it is expedient that such Doubts • should be removed: May it therefore please Your Majesty that it may be declared and enacted, and be it declared and 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 all Powers, Privileges, Authorities, Powers and Jurisdictions, and Exemptions given to, and all Duties and Privileges Obligations imposed upon, the Commissioners for executing the given by any Office of Lord High Admiral for the Time being, or any Two or

Act to the more of them, or given to or imposed upon any other Person or of the Admi

Commissioners Body Corporate in relation to the said Commissioners or any of ralty to extend them, by any Act of Parliament now in force, do extend and to the Lord apply, and shall be deemed, taken, and adjudged to extend and High Admiral. apply, to the Lord High Admiral for the Time being, and to such Person or Body Corporate in relation to the Lord High Admiral for the Time being, in like Manner and to all Intents and Purposes as if the Lord High Admiral had been expressly named in such Acts of Parliament,

II. And be it further declared and enacted, That all Powers, Powers given Privileges, Authorities, Jurisdictions, and Exemptions given to, to the First and Duties imposed upon, the First Commissioner of the Admi. Commissioner ralty by any Act of Parliament now in force, shall extend and to extend to the

Lord High apply, and be deemed and taken to extend and apply, in like Admiral. Manner, to the Lord High Admiral for the Time being.

III. And be it further declared and enacted, That in all Cases The Signatures in which the Signatures of any Two or more of the Commis- of Two of the sioners for executing the Office of Lord High Admiral would be Council to have sufficient, if the said Office were executed by Commissioners, to the same Effect give effect to any Commission, Warrant, Order, or other Document Commiswhatsoever, the Signature of any Two or more of the Council of the sioners. Lord High Admiral, affixed by his Authority for that Purpose, shall be taken and adjudged to have the like Force and Efficacy.

Iy. And be it further enacted, That the Members of the Appointment Council of the Lord High Admiral shall, from and after the pass- of Members of ing of this Act, be appointed by His Majesty, and be removable the Council. at His Majesty's Pleasure: Provided always, that no Person hold- Proviso as to ing the Office of a Member of the present Council, being a Mem- present Member of the House of Commons at the Time of the passing of this Act, shall vacate his Seat by reason of being re-appointed to the same under the Provisions of this Act, or of his being made removable from the said Office at the Pleasure of His Majesty.

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