the said Commissioners, and to all Schemes and Orders prepared, made, and issued by them respectively, with reference to all Matters contained in this Act, as fully and effectually as if the said Powers, Authorities, and other Provisions were repeated herein; and the Provisions contained in an Act passed in the Second Year of Her Majesty's Reign, intituled An Act 1&2 Vict. c.106. to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy, respecting the Party or Parties to be deemed Patron or Patrons, for the Purposes of Notice to be served upon and Consent to be given by such Patron or Patrons, and also respecting the Manner in which and the Party by whom any such Consent is to be given, shall be construed to apply to the like Matters respectively under this Act. sioners may this Act. XXIV. And whereas it may be expedient that Her Ma- Church Buildjesty's Commissioners for building new Churches should be ing Commisable to apply a Portion of the Funds placed at their Disposal make Grants towards promoting the Purposes of this Act;' be it enacted, for Purposes of That it shall be lawful for the said Commissioners to make any such Grant in aid of the Erection of any such new Church or Chapel as aforesaid as shall seem fit to them, if they are authorized so to do under the Church Building Acts, although the Right of Patronage of such Church or Chapel may not belong on the Consecration thereof to the Incumbent of the original Parish in which such Church or Chapel shall be situate, any thing in such Acts to the contrary notwithstanding. 6 XXV. And whereas an Act was passed in the Seventeenth Year of the Reign of King Charles the Second, intituled An • Act for uniting Churches in Cities and Towns Corporate, which, besides the Provisions indicated by the Title of the said Act, ⚫ contains Enactments enabling Impropriators to augment Parsonages or Vicarages in certain Cases, and Incumbents in ' certain Cases to receive Lands, Tithes, and other Hereditaments, without Licence in Mortmain: And whereas by an Act passed in the Second Year of the Reign of Her present Majesty, intituled An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy, the whole of the said Act of King Charles the Second was repealed, and more extensive Provisions were made for the uniting of Churches, but none for Augmentations or holding in Mortmain according to the same Act; and it is 'expedient that the last-mentioned Enactments should be revived: Be it therefore enacted, That so much of the said Act of King Charles the Second as enables any Owner or Proprietor of any Impropriation, Tithes or Portion of Tithes, to annex the same or any Part thereof unto the Parsonage, Vicarage, or Curacy of the Parish Church or Chapel where the same lie or arise, or to settle the same in Trust for the Benefit of such Parsonage, Vicarage, or Curacy, and authorizes Parsons, Vicars, or Incumbents to receive Lands, Tithes, or other Hereditaments without Licence of Mortmain, shall be and the same is hereby revived; and that all Augmentations and Grants at So much of as enables Im. 1&2 Vict. c.106. any Act not to extend to Scot land or Ireland. Act may be amended, &c. any Time heretofore made according to the said Act of King Charles the Second shall be as good and effectual as if the same had never been repealed. XXVI. And be it enacted, That this Act shall extend only to England and Wales, the Isle of Man, the Islands of Guernsey, Jersey, Alderney, and Sark, and the Scilly Islands. XXVII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. Appeals, &c. may be heard by not less than Three Members of the Judicial Committee of the Privy Coun cil under a spe cial Order of Her Majesty. Powers of the Judicial Com mittee and their Surrogates in respect to Ap peals from Ecclesiastical and Admiralty Courts. CAP. XXXVIII. An Act to make further Regulations for facilitating the hearing Appeals and other Matters by the Judicial Committee of the Privy Council. [28th July 1843.] W HEREAS it has been found expedient to make further Regulations for hearing and making Report to Her Majesty in Appeals and other Matters referred to the Judicial • Committee of the Privy Council, and for the more effectual Appointment of Surrogates in Ecclesiastical and Maritime • Causes of Appeal, and for making Orders or Decrees incidental to such Causes of Appeal, and for the Punishment of • Contempts, and compelling Appearances and Enforcement of Judgments, Orders, and Decrees of Her Majesty in Council, or of the said Judicial Committee, or their Surrogates, in 'such Causes of Appeal: Be it 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 in any Appeal, Application for Prolongation or Confirmation of Letters Patent, or other Matter referred or hereafter to be referred by Her Majesty in Council to the Judicial Committee of the Privy Council, it shall be lawful for Her Majesty, by Order in Council or special Direction under Her Royal Sign Manual, having regard to the Nature of the said Appeal or other Matter, and in respect of the same not requiring the Presence of more than Three Members of the said Committee, to order that the same be heard, and when so ordered it shall be lawful that the same shall be accordingly heard by not less than Three of the Members of the said Judicial Committee, subject to such other Rules as are applicable, or under this Act may be applicable, to the hearing and making Report on Appeals and other Matters by Four or more of the Members of the said Judicial Committee. II. And be it enacted, That in respect of all Incidents, Emergents, Dependents, and Things adjoined to, arising out of, or connected with Appeals from any Ecclesiastical Court, or from any Admiralty or Vice Admiralty Court, (save in giving a Definitive Sentence, or any Interlocutory Decree having the Force and Effect of a Definitive Sentence,) the said Judicial Committee and their Surrogates shall have full Power, subject to to such Rules, Orders, and Regulations as shall from Time to Time be made by the said Judicial Committee, (with the Approval of Her Majesty in Council,) to make all such Interlocutory Orders and Decrees, and to administer all such Oaths and Affirmations, and to do all such Things as may be necessary, or the Judges of the Courts below appealed from or their Surrogates in the Cases appealed, or the Judges of the Courts appealed to or their Surrogates, or the Lords Commissioners of Appeals in Prize Causes or their Surrogates, and the Judges Delegate or their Con-delegates under Commissions of Appeal under the Great Seal in Ecclesiastical and Maritime Causes of Appeal, would respectively have had before an Act passed in the Third Year of the Reign of His late Majesty, intituled An 2&3W. 4. c.92. Act for transferring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to His Majesty in Council, and another Act passed in the following Session of Parliament, intituled An Act for the better Administration of 3&4W. 4. c. 41. Justice in His Majesty's Privy Council, were passed. Examiners of III. And be it enacted, That the Surrogates and Examiners Who to be of the Arches Court of Canterbury and the High Court of Ad- Surrogates and miralty of England, and such Persons as shall from Time to the Judicial Time be appointed Surrogates or Examiners of the said Courts, Committee in shall be by virtue of this Act Surrogates and Examiners re- and Admiralty spectively of the Judicial Committee of the Privy Council in all Appeals. Causes of Appeal from Ecclesiastical Courts and from any Admiralty or Vice Admiralty Court. Ecclesiastical gates of the certain Infor IV. And be it enacted, That all Orders, Decrees, and Past ProceedThings heretofore done and expedited in such Causes of Ap- ings of Surropeal by the Surrogates appointed by the said Judicial Com- Judicial Committee of the Privy Council shall be deemed to be valid and mittee valid, effectual, if otherwise lawfully done and expedited, notwith- notwithstanding standing any Informality or Want of Authority in respect to malities. the same in the Orders of His late Majesty in Council of the Fourth Day of February One thousand eight hundred and thirty-three, of the said Judicial Committee of the Fifth Day of February One thousand eight hundred and thirty-three, of the Order of His late Majesty in Council of the Ninth Day of December One thousand eight hundred and thirty-three, of an Order of the said Judicial Committee of the Tenth Day of December One thousand eight hundred and thirty-three, and an Order of His late Majesty in Council of the Twelfth Day of August One thousand eight hundred and thirty-five. peals before V. And be it enacted, That, subject to such Rules and Regu- Manner of conlations as may from Time to Time be made by the said Judicial ducting ApCommittee with the Approval of Her Majesty in Council, and the Judicial save and in so much as the Practice thereof may be varied Committee. by the said Acts of the Reign of His late Majesty or by this Act, the said Causes of Appeal to Her Majesty in Council shall be commenced within the same Times, and conducted in the same Form and Manner, and by the same Persons and Officers, as if Appeals in the same Causes had been made to the Queen in Chancery, the High Court of Admiralty of Eng land, Punishing Contempts, com in Causes of Appeal. 6 & 7 VICT. land, or the Lords Commissioners of Appeals in Prize Causes respectively; and all things otherwise lawfully done and expedited in the said Causes of Appeal by the Registrar of the High Court of Admiralty of England, his Deputy or Deputies, in consequence of the passing of the said Acts of the Reign of His late Majesty, shall be deemed to be valid to all Intents whatsoever. VI. And whereas by the Provisions of the herein-before secondly-recited Act it was enacted, that the said Judicial Committee should have and enjoy in all respects such and the same Power of punishing Contempts and of compelling Appearances, and that His Majesty in Council should have and enjoy in all respects such and the same Powers of enforcing Judgments, Decrees, and Orders, (both in personam and in rem,) as are given to any Court Ecclesiastical by an 'Act of Parliament passed in a Session of Parliament of the Second and Third Years of the Reign of His Majesty King William the Fourth, intituled An Act for enforcing the Process upon Contempts in the Courts Ecclesiastical of England and Ireland, and that all such Powers as are given to Courts Ecclesiastical, if of punishing Contempts or of compelling Appearances, should be exercised by the said Judicial Committee, and of enforcing Decrees and Orders should be exer'cised by His Majesty in Council, in such and the same Manner as the Powers in and by such Act of Parliament given, and should be of as much Force and Effect as if the same had been thereby expressly given to the said Committee or to His Majesty in Council;' be it enacted, That so much of the said Act as relates to the Powers thereby given to the said Judicial Committee and to His Majesty in Council, under the last-recited Act, shall be repealed. VII. And be it enacted, That for better punishing Contempts, compelling Appearances, and enforcing Judgments of pelling Appear. ances, enforcing Her Majesty in Council, and all Orders and Decrees of the said Judgments, &c. Judicial Committee or their Surrogates, in all Causes of Appeal from Ecclesiastical Courts and from Admiralty or Vice Admiralty Courts, Her Majesty in Council and the said Judicial Committee and their Surrogates shall have the same Powers, by Attachment and Committal of the Person to any of Her Majesty's Gaols, and subsequent Discharge of any Person so committed, as by any Statute, Custom, or Usage belong to the Judge of the High Court of Admiralty of England; and the said Judicial Committee shall have the same Immunities and Privileges as are conferred on the Judge of the High Court of Admiralty of England under an Act passed in 3 & 4 Vict. c. 65. the Fourth Year of the Reign of Her Majesty, intituled An Act to improve the Practice and extend the Jurisdiction of the High Court of Admiralty of England, as fully as if the same had been thereby expressly given to the said Judicial Committee. Orders, &c. may be enforced by against certain Sequestration VIII. And be it enacted, That in all Causes of Appeal to Her Majesty in Council from Ecclesiastical Courts, and from Admiralty or Vice Admiralty Courts, in which any Person duly tumacious and duly monished or cited or required to comply with any lawful Persons proOrder or Decree of Her Majesty in Council, or of the said nounced conJudicial Committee or their Surrogates, and neglecting or in Contempt. refusing to pay Obedience to such lawful Order or Decree, or Bea. 160 committing any Contempt of the Process under the Seal of Her Majesty in Ecclesiastical and Maritime Causes, shall reside out of the Dominions of Her Majesty, or shall have Privilege of Peerage, or shall be a Lord of Parliament or a Member of the House of Commons, it shall be lawful for the said Judicial Committee or their Surrogates to pronounce such Person to be contumacious and in Contempt, and after he shall have been so pronounced contumacious and in Contempt to cause Process of Sequestration to issue under the said Seal of Her Majesty against the Real and Personal Estate, Goods, Chattels, and Effects, wheresoever lying within the Dominions of Her Majesty, of the Person against or upon whom such Order or Decree shall have been made, in order to enforce Obedience to the same, and Payment of the Expences attending such Sequestration, and all Proceedings consequent thereon, and to make such further Order in respect of or consequent on such Sequestration, and in respect to such Real and Personal Estate, Goods, Chattels, and Effects sequestrated thereby, as may be necessary, or for Payment of Monies arising from the same to the Person to whom the same may be due, or into the Registry of the High Court of Admiralty and Appeals for the Benefit of those who may be ultimately entitled thereto. IX. And be it enacted, That all Inhibitions, Citations, Inhibitions, &c. Monitions, and other Instruments incidental to or arising out to be in Her of such Causes of Appeal shall be issued in the Name of Her and of force Majesty's Name, Majesty, and under Seal of Her Majesty in Ecclesiastical and throughout the Maritime Causes, and shall be of full Authority in all Places British Dothroughout the Dominions of Her Majesty. minions. the Registry of X. And be it enacted, That in all Appeals in Ecclesiastical Monitions for and Maritime Causes to Her Majesty in Council it shall be Payments into lawful for Her Majesty in Council, and the said Judicial Com- the Admiralty mittee or their Surrogates, at the Petition of any Person Court under interested in the same, to decree Monitions for the Trans- Orders, &c. mission of any Sum or Sums of Money respecting which any Order or Decree may be made, or any Questions may be depending arising out of such Causes, and the Proceeds of all Ships or Vessels, Goods, and Cargoes respecting which any Appeals may be depending, into the Registry of the High Court of Admiralty and Appeals, for the Benefit of the Person or Persons who may be ultimately entitled thereto, or for Payment thereof to the Person to whom the same may be lawfully due. astical and Ad XI. And be it enacted, That it shall be lawful for Her All Appeals Majesty, by Order in Council, to direct that all Causes of from EcclesiAppeal from Ecclesiastical Courts, and from the Vice Admiralty miralty Courts Court of the Cape of Good Hope, and all Vice Admiralty Courts may be referred to the Westward thereof, in which the Appeal and Petition of to the Judicial Reference to Her Majesty shall have been lodged in the an Order in Registry Council. Committee by |