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seers, Constable or other person as aforesaid of such parish, townshipor place to pay the amount of the expenses incurred in making the valuation under the direction of the Committee; and such expenses shall be raised, levied and collected by such and the like ways and means as County Rate can or may be raised, levied and collected, and shall be paid therewith, due distinction being made in the case of every such additional assessment between the sums charged for or on account of any such expenses, and the sum or sums assessed as and for the County Rate.

And be it Enacted, That all the powers, authorities, provisions clauses and regulations contained in any former Act or Acts relating to the assessment, collection and levying of County Rates, (save and except such parts thereof respectively as are hereby varied, altered or repealed), shall be good, valid and effectual for the purposes of assessing, 15 levying, collecting and enforcing the payment of the rate or rates hereafter to be made in pursuance of this Act, and for carrying this Act into execution.

22.

Applying provisions of to this Act.

former Acts

23. CLAUSE (E.) The Act extended to

all places having separate Commission of the Peace,

Rates of the

And be it Enacted, That in the construction of this Act, the word county" shall mean and include any riding or division having a sepa20 rate commission of the peace, and any liberty, franchise, or other place in which rates in the nature of County Rates may be levied, having a separate commission of the peace, and not subject to the jurisdiction of and to all the county or counties at large in which such liberty, franchise or place may lie, nor contributing or paying to the County Rates made County Rates. 25 for such county or counties at large; and that the words "County Rate" shall mean and include every rate or tax assessed in any county, for all or any of the purposes to which County Rate or stock is or may hereafter be made liable.

nature of

24.

And be it Enacted, That this Act may be amended or repealed by CLAUSE (F.) any Act to be passed in this Session of Parliament.

Act may be amended or repealed.

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Α

BIL' L,

INTITULED,

AN ACT for amending certain Acts of the Fourth and Fifth Years of the Reign of Her Majesty, for facilitating the Administration of Justice in the Court of Chancery; and for providing for the Discharge of the Duties of the Subpoena Office, after the Death, Resignation or Removal of the present Patentee of that Office.

5

W

c. 94.

HEREAS an Act was passed in the fourth year of the Preamble: reign of Her present Majesty, intituled, "An Act for faci- 3 & 4 Vict. litating the Administration of Justice in the Court of Chancery," whereby power was given to the Lord Chancellor, with the advice and consent of the Master of the Rolls and the Vice-Chancellor, or One of them, to make, from time to time, and at any time within Five years from the passing of the said Act, any Rules, Orders and Regulations for the purposes in the said Act mentioned; and it was thereby enacted, that all such Rules, Orders and Regulations should be 10 laid before both Houses of Parliament, if Parliament should be then sitting, immediately upon the making or issuing of the same, or if Parliament should not then be sitting, then within Five Days after the next Meeting thereof:

c. 52.

And whereas another Act was passed in the fifth year of the 4 & 5 Vict. 15 reign of Her present Majesty, whereby it was enacted, that every such Rule, Order or Regulation, made in pursuance of the said recited Act should, from and after the time in that behalf to be appointed by the Lord Chancellor, with such advice and consent as aforesaid, and if no time should be so appointed, then from and after the making thereof, be binding and obligatory on the said Court, and be of like force and effect as if the provisions therein contained had been expressly enacted

5 Vict. c. 5.

That Rules, Orders, &c. have been

made, but it

is expedient

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by Parliament; and it was thereby provided, that if either of the
Houses of Parliament should, by any Resolution passed at any time
before such House of Parliament should have actually sat Thirty-six
Days after such Rules, Orders and Regulations should have been laid
before such House of Parliament, resolve that the whole or any part
of such Rules, Orders or Regulations ought not to continue in force,
in such case the whole, or such part thereof as should be so included
in such Resolution, should from and after such Resolution cease to be
binding and obligatory on the said Court; and it was thereby also
provided, that no such Rule, Order or Regulation as aforesaid should 10
by virtue of the said Act be of the like force and effect as if the
provisions therein contained had been expressly made by Parliament,
unless the same should be expressed to be made in pursuance of the
said Act, and of the now-reciting Act; and that every such Rule,
Order or Regulation so expressed to be made in pursuance of the said
Act and of the now-reciting Act, which should not be laid before
both Houses of Parliament within the time by the said recited Act
limited for that purpose, should, from and after the expiration of such
time, be absolutely void and of no effect:

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And whereas an Act was passed in the fifth year of the reign of 20 Her present Majesty, intituled, "An Act to make further Provision for the Administration of Justice," under the authority of which Two additional Vice-Chancellors have been appointed; and it was thereby enacted, that from and after the appointment of the Vice-Chancellors under the said now-reciting Act, it should be lawful for the Lord 25 Chancellor, with the advice or consent of the Master of the Rolls and Vice-Chancellors for the time being, or any Two of them, and he was thereby authorized and empowered, to do all such acts, and to make and issue all such Rules and Orders, as by any Act or Acts of Parliament then in force the Lord Chancellor, with the advice or consent 30 of the Master of the Rolls and the Vice-Chancellor for the time being, or One of them, was empowered to do, make or issue:

And whereas Rules, Orders or Regulations have from time to time been made in pursuance of the said two first-recited Acts, but it is expedient to extend the time limited by the said first-recited Act for 35

to extend the the making thereof in manner hereinafter mentioned;

time.

1.

BE it therefore Enacted, by The QUEEN'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 the term of Five Years, to Ten Years. which under and by virtue of the said first-recited Act now stands limited as the time within which any Rules, Orders or Regulations thereby or by the said two other Acts authorized and required to be made,

Said Rules, &c. extended

must

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must be so made, shall be and the same is hereby extended to Ten Years from the passing of the said first-recited Act, as if such term of Ten Years had been originally contained in that Act.

And be it Enacted, That all Rules, Orders and Regulations made and to be hereafter made under the provisions of the said recited Acts and this Act, shall, for all purposes be deemed and taken to be General Rules and Orders of the High Court of Chancery.

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3.

c. 94; Recites ap

pointment of

Four Clerks

of Records

and Writs,

by whom certain Writs issued;

are now

That the

duties of the Subpœna

Office should

be discharged received by Records and

and the Fees

the Clerks of

Writs.

Repeal of
Section 12,

3 & 4 W. 4,

AND whereas by another Act passed in the fourth year of the 3 & 4 W. 4, reign of his late Majesty King WILLIAM the Fourth, intituled, "An 10 Act for the Regulation of the Proceedings and Practice of certain Offices of the High Court of Chancery in England," it was enacted, that from and after the death, resignation or removal from his office of the present Patentee of the Subpoena Office, all the duties of such office should be performed by the Clerk of the Affidavits: AND 15 whereas, since the passing of the last-mentioned Act Four Clerks of Records and Writs have been appointed, by whom the business of issuing Writs on the Equity side of the Court of Chancery, other than such Writs as are Writs as by the Patentee of the Subpoena Office is now discharged: AND whereas it is expedient that the duties of 20 the Patentee of the Subpoena Office should be performed by the said Clerks of Records and Writs; BE it therefore Enacted, That so much of the said Act of the fourth year of the reign of his said late Majesty, as provides for the execution of the duties of the Subpoena Office by the Clerk of the Affidavits, shall be and the same is hereby 25 repealed; and that after the death, resignation or removal from his office of the present Patentee of the Subpoena Office, the said Clerks of Records and Writs, or any One of them, shall, in place and instead of the said Clerk of the Affidavits, perform all the duties of the Subpoena Office, under such regulations as the Lord Chancellor, with the advice and consent of the Master of the Rolls and Vice-Chancellors for the time being, or any Two of them, shall by any Order direct: Provided always, That it shall be lawful for the Lord Chancellor, with such advice and consent as aforesaid, by any Rule or Order to be made under the provisions of the said two first-recited Acts, to 35 fix such earlier time for transferring the execution of the duties of the Subpoena Office to the Clerks of Records and Writs as he shall think fit.

30

c. 94;

and transfer of Records

to the Clerks

and Writs of

the Duties of the Patentee poena Office.

of the Sub

4.

And be it Enacted, That this Act may be amended or repealed in Act may be amended, &c. the present Session of Parliament.

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