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a warrant shall be issued by any person or persons having lawful authority to issue the same, shall be in any other part of Her Majesty's dominions not forming part of the said United Kingdom, it shall be lawful for the Chief Justice or any other Judge of Her Majesty's superior court of law within that other part of Her Majesty's dominions where such person shall be to indorse his name on such warrant, which warrant so indorsed shall be a sufficient authority to the person or persons bringing such warrant, and also to all persons to whom such warrant was originally directed, and also to all peace officers of the place where the warrant shall be so indorsed, to execute the same within the jurisdiction of the person by whom it shall be so indorsed, by apprehending the person against whom such warrant is directed, and to convey him before a Magistrate or other person having authority to examine and commit offenders for trial in that part Her Majesty's dominions.

III. That it shall be lawful for any person duly authorized to examine and commit offenders for trial before whom any such supposed offender shall be brought as aforesaid, upon such evidence of criminality as would justify his committal if the offence had been committed in that part of Her Majesty's dominions, to commit such supposed offender to prison, there to remain until he can be sent back, in manner hereinafter mentioned, to that part of Her Majesty's dominions in which he is charged with having committed such offence; and immediately upon the committal of such person information thereof in writing under the hand of the committing Magistrate, accompanied by a copy of the said warrant, shall be given, in Great Britain, to one of Her Majesty's principal Secretaries of State, and in Ireland to the chief Secretary of the Lord Lieutenant, and in any other part of Her Majesty's dominions to the Governor or acting Governor.

IV. Provided and enacted, That in every such case copies of the depositions upon which the original warrant was granted, certified under the hand of the person or persons issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended.

v. That it shall be lawful, in Great Britain, for any one of Her Majesty's principal Secretaries of State, and in Ireland for the chief Secretary of the Lord Lieutenant, and in any other part of Her Majesty's dominions for the Governor or acting Governor, by warrant under his hand and seal, to order any person who shall have been so apprehended and committed to gaol to be delivered into the custody of some person or persons, to be named in the said warrant, for the purpose of being conveyed into that part of Her Majesty's dominions in which he is charged with having committed the offence, and being delivered into the custody of the proper authorities there, to be dealt with in due course of law as if he had been there apprehended, and to order that the person so committed to gaol be so conveyed accordingly; and if the said person, after he shall have been so apprehended, shall escape out of any custody to which he shall have been committed as aforesaid, it shall be lawful to retake such person, in the same manner as any person accused of any crime against the laws of that part of Her Majesty's dominions may be retaken upon an escape.

VI. That where any person who shall have been committed to gaol under this Act shall not be conveyed out of that part of Her Majesty dominions in which he shall have been so committed to gaol within two calendar months after such committal, over and above the time actually required to convey the prisoner from the gaol to which he was committed by the readiest way out of that part of Her Majesty's dominions, it shall be lawful for any of Her Majesty's Judges in that part of Her Majesty's dominions, in which such supposed offender shall be in custody, upon application made to him or them by or on behalf of the person so committed, and upon proof made to him or them that reasonable notice of the intention to make such application has been given to one of Her Majesty's principal Secretaries of State in Great Britain, or in Ireland to the chief Secretary of the Lord Lieutenant of Ireland, or to the Governor or acting Governor in any other part of Her Majesty's dominions, to order the person so committed to be discharged out of custody, unless sufficient cause shall be shewn to such Judge or Judges why such discharge ought not to be ordered.

VII. That in case any person apprehended under this Act shall not be indicted for the offence for which he shall have been so apprehended within the period of six calendar months after his arrival in that part of Her Majesty's dominions in which he is charged to have committed the offence, or if upon his trial he shall be acquitted, it shall be lawful, in Great Britain, for one of Her Majesty's principal Secretaries of State, and in Ireland for the chief Secretary of the Lord Lieutenant of Ireland, and for the Governor or acting Governor in any other part of Her Majesty's dominions, if he shall think fit, upon the request of the person so apprehended, to cause such person to be sent back, free of cost to such person, and with as little delay as possible, to that part of Her Majesty's dominions in which he shall have been so apprehended.

VIII. That the Court before which any person apprehended under this Act shall be prosecuted or tried within the said United Kingdom may order, if it shall think fit, that the expenses of apprehending and removing the prisoner from any part of Her Majesty's dominions not within the said United Kingdom to any place within the said United Kingdom shall be repaid to the person defraying the same, by the treasurer of the county or other jurisdiction in England or Ireland, or by the sheriff depute or substitute of the county in Scotland, in which the offence is charged to have been committed, the amount of such expenses being previously ascertained by an account thereof, verified by production of proper vouchers before two Justices of the Peace of such county or other jurisdiction, which last-mentioned Justices shall examine into the correctness of the said account, and shall allow the same, or such part thereof as shall to them appear just and reasonable, under their hands and seals; and every treasurer, or sheriff depute or substitute, who shall pay the amount so ascertained, shall be allowed such payment in his accounts respecting the business of such county or other jurisdiction.

IX. Provided and enacted, That it shall not be lawful for any person to indorse his name on any such warrant, for the purpose of authorizing the apprehension of any person under this Act, until it shall have been proved to him, upon oath or by affidavit, that the seal or signature upon the same is the seal or signature of the person having lawful authority to issue such warrant whose seal or signature the same purports to be.

x. Provided and enacted, That it shall not be lawful for any person to indorse his name upon any such warrant, for the purpose of authorizing the apprehension of any person under this Act, unless it shall appear upon the face of the said warrant that the offence which the person for whose apprehension the said warrant has been issued is charged to have committed is such

that, if committed within that part of Her Majesty's dominions where the warrant is so indorsed, it would have amounted in law to a treason, or some felony such as the Justices of the Peace in General or Quarter Sessions assembled have not authority to try in England under the provisions of an Act, 5 & 6 Vict. c. 38, intituled, An Act to define the Jurisdiction of Justices in General and Quarter Sessions of the Peace,' or unless the depositions appear sufficient to warrant the committal of such person for trial.

XI. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.

CAP. XXXV.

AN ACT to amend so much of an Act of the last Session, for the Government of New South Wales and Van Diemen's Land, as relates to Norfolk Island. (28th July 1843.)

ABSTRACT OF THE ENACTMENTS.

1. Norfolk Island may be annexed to Van Diemen's Land.
2. Continuance of laws and ordinances.

By this ACT,

After reciting that by 5 & 6 Vict. c. 76, it was enacted, that it should be lawful for Her Majesty to define the limits of the colony of New South Wales, and to erect into a separate colony any territories comprised within the said colony, provided that no part of the territories lying southward of the twenty-sixth degree of south latitude in the said colony of New South Wales should be detached from the said colony: And that it is expedient that Norfolk Island should be severed from the government of New South Wales, and annexed to the government of Van Diemen's Land; but inasmuch as Norfolk Island lies southward of the twenty-sixth degree of south latitude, it may be doubted if such severance can be made without authority of Parliament:

It is Enacted,

1. That it shall be lawful for Her Majesty, by letters patent under the great seal of the United Kingdom of Great Britain and Ireland, to sever Norfolk Island from the government of New South Wales and from the Diocese of Australia, and to annex it to the government and colony of Van Diemen's Land and to the diocese of Tasmania, from and after a day to be mentioned in such letters patent; and from and after such day Norfolk Island shall cease to belong to the colony of New South Wales and to the diocese of Australia, and shall be taken to be a part of the colony of Van Diemen's Land and of the Diocese of Tasmania.

II. Provided and enacted, That until annulled or altered by competent authority, all laws, ordinances, and regulations, civil and ecclesiastical, in force within Norfolk Island at the time when such letters patent shall take effect, shall continue in force as if Norfolk Island had continued a part of the colony of New South Wales and of the diocese of Australia, subject only to such changes as shall be necessarily consequent upon the change of government.

CAP. XXXVI.

AN ACT to exempt from County, Borough, Parochial, and other local Rates, Land and Buildings occupied by Scientific or Literary Societies.

(28th July 1843.)

ABSTRACT OF THE ENACTMENTS.

1. Scientific societies exempted from rates upon obtaining the certificate hereinafter mentioned.

2. Scientific societies to cause three copies of their rules of management to be submitted to the barrister or person appointed to certify the rules of friendly societies, who shall certify thereon if entitled.-One certified copy to be returned to the society; one to be retained by the barrister; and the other transmitted to the clerk of the peace for confirmation at sessions and to be deposited.

3. Certain alterations made in the rules to be certified and deposited in like manner.-In case of refusal to certify.

4. Fee to be paid to the barrister or Lord Advocate.

5. Provision in cases where certificate is refused,

6. Appeal to Quarter Sessions.

VOL. XXI.-STAT.

K

By this ACT,

After reciting that it is expedient that Societies established exclusively for purposes of science, literature, or the fine arts should be exempt from the charge of county, borough, parochial, and other local rates in respect of land and buildings occupied by them for the transaction of their business, and for carrying into effect their purposes:

It is Enacted,

1. That from and after the 1st of October 1843 no person or persons shall be assessed or rated, or liable to be assessed or rated, or liable to pay, to any county, borough, parochial or other local rates or cesses, in respect of any land, houses, or buildings, or parts of houses or buildings, belonging to any society instituted for purposes of science, literature, or the fine arts exclusively, either as tenant or as owner, and occupied by it for the transaction of its business, and for carrying into effect its purposes, provided that such society shall be supported wholly or in part by annual voluntary contributions, and shall not, and by its laws may not, make any dividend, gift, division, or bonus in money unto or between any of its members, and provided also that such society shall obtain the certificate of the barrister-at-law or Lord Advocate as hereinafter mentioned.

11. Provided and enacted, That before any society shall be entitled to the benefit of this Act, such society shall cause three copies of all laws, rules and regulations for the management thereof, signed by the president or other chief officer and three members of the council or committee of management, and counter-signed by the clerk or secretary of such society, to be submitted, in England, Wales, and Berwick-upon-Tweed, to the barrister-at-law for the time being appointed to certify the rules of friendly societies there, and in Scotland to the Lord Advocate, or any depute appointed by him to certify the rules of friendly societies there, and in Ireland to the barrister for the time being appointed to certify the rules of friendly societies there, for the purpose of ascertaining whether such society is entitled to the benefit of this Act; and such barrister or Lord Advocate, as the case may be, shall give a certificate on each of the said copies that the society so applying is entitled to the benefit of this Act, or shall state in writing the grounds on which such certificate is withheld; and one of such copies, when certified by such barrister or Lord Advocate, shall be returned to the society, another copy shall be retained by such barrister or Lord Advocate, and the other of such copies shall be transmitted by such barrister or Lord Advocate to the clerk of the peace for the borough or county where the land or buildings of such society in respect of which such exemption is claimed shall be situated, and shall by him be laid before the Recorder or Justices for such borough or county at the General Quarter Sessions, or adjournment thereof, held next after the time when such copy shall have been so certified, and transmitted to him as aforesaid, and the Recorder or Justices then and there present are hereby authorized and required, without motion, to allow and confirm the same; and such copy shall be filed by such clerk of the peace with the rolls of the sessions of the peace in his custody, without fee or reward.

III. That if the laws, rules, and regulations of any such society shall be altered, so as to affect or relate to the property or constitution of such society, such alterations shall, within one calendar month after the same shall have been made, be submitted to such barrister or Lord Advocate, and such barrister or Lord Advocate shall certify as aforesaid; and such rules, when so certified, shall be filed with the clerk of the peace as aforesaid; and in the meantime such society shall be entitled to the benefit of this Act, as if no such alterations had been made: Provided always, that if the said barrister or Lord Advocate shall refuse to certify, that then, subject to such appeal as is hereinafter provided, the said society shall cease to be entitled to the benefit of this Act from the time when such alterations shall come into operation.

IV. Provided and enacted, That the fee payable to such barrister or Lord Advocate for perusing the laws, rules, and regulations of each society, or the alterations made therein, and giving such certificate or statement as aforesaid, shall not at any one time exceed the sum of one guinea, which, together with the expense of transmitting the rules to and from the said barrister or Lord Advocate, shall be defrayed by each society respectively.

v. Provided and enacted, That in case any such barrister or Lord Advocate shall refuse to certify that any such society is entitled to the benefit of this Act, it shall then be lawful for any such society to submit the laws, rules, and regulations thereof to the Court of Quarter Sessions for the borough or county where the land or buildings of the society shall be situated, together with the reasons so assigned by the said barrister or Lord Advocate as aforesaid; and the Recorder or Justices at such Quarter Sessions shall and may, if he or they think fit, order the same rules to be filed, notwithstanding such refusal as aforesaid; and such filing shall have the same effect as if the said barrister or Lord Advocate had certified as aforesaid.

VI. Provided and enacted, That any person or persons assessed to any rate from which any society shall be exempted by this Act may appeal from the decision of the said barrister or Lord Advocate in granting such certificate as aforesaid to the said Court of Quarter Sessions, within four calendar months next after the first assessment of such rate made after such certificate shall have been filed as aforesaid, or within four calendar months next after the first assessment of such rate made after such exemption shall have been claimed by such society, such appellant first giving to the clerk or secretary of the society in question, twenty-one days previously to the sitting of the said court, notice in writing of his intention to bring such appeal, together with a statement in writing of the grounds thereof, and within four days after such notice entering into a recognizance before some Justice, with two sufficient sureties, to try such appeal at and abide the order of and pay such costs as shall be awarded by the Recorder or Justices at such Quarter Sessions; and at such Quarter Sessions such Recorder or Justices shall, on its being proved that such notice and statement have been given as aforesaid, proceed to hear such appeal, according to the grounds set forth in such statement, and not otherwise, and, if the certificate of the said barrister or Lord Advocate shall appear to him or them to have been granted contrary to the provisions of this Act, shall and may annul the same, and shall and may, according to their discretion, award such costs to the party appealing or appealed against as he or they shall think proper, and his or their determination concerning the premises shall be conclusive and binding on all parties to all intents and purposes whatsoever.

CAP. XXXVII.

AN ACT to make better Provision for the Spiritual Care of populous Parishes.

(28th July 1843.)

ABSTRACT OF THE ENACTMENTS.

1. Queen Anne's Bounty Board may lend Ecclesiastical Commissioners for England a sum of stock.

2. Bounty Board may lend further sums of stock.

3. Commissioners to pay dividends half-yearly.

4. The whole property of the Commissioners under the Cathedral Acts to be security for every such loan.

5. Bounty Board may require repayment of capital after thirty years.

6. Commissioners to have full rights of ownership over the lands, &c. vested in them, subject to certain conditions. 7. Commissioners to have full power over stock.

8. Stock not to be used, nor lands sold, without approval of Her Majesty in council.

9. Districts may be constituted for spiritual purposes; and are to be endowed to a certain amount at the least.

10. Map of district to be annexed to scheme, and registered.

11. Minister to be nominated and licensed to district.

12. Style and character of minister; and power to hold endowments.

13. Bishop may license a temporary place of worship.

14. Not to prevent marriages and burials in mother church, nor affect certain other rights.

15. District to become a new parish upon a church being consecrated.

16. Minister to become perpetual curate of new parish.

17. Churchwardens to be chosen.

18. Act not to affect parochial rights, &c. otherwise than as expressly provided.

19. Endowment of minister.-Compensation to incumbent of mother church.

20. Patronage may be conferred upon contributors to endowment or to a church, or their nominees.

21. Remaining patronage to be exercised alternately by crown and bishops.

22. Powers of Bounty Board as to endowment under 2 & 3 Ann. c. 11, and 45 Geo. 3. c. 84, conferred upon Commissioners for the purposes of this Act.

23. Powers of 3 & 4 Vict. c. 113, and 4 & 5 Vict. c. 39, extended to this Act.

24. Church Building Commissioners may make grants for the purposes of this Act.

25. So much of 17 Car. 2. c. 3, as enables impropriators to augment (repealed by 1 & 2 Vict. c. 106. s. 15.) revived.

26. Act not to extend to Scotland or Ireland.

27. Act may be amended this session.

By this ACT,

After reciting that it is expedient to make better provision for the spiritual care of populous parishes, and to render the estates and revenues vested in "the Ecclesiastical Commissioners for England," and the funds at the disposal of "the Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy," applicable immediately to such purpose:

It is Enacted,

1. That the said Ecclesiastical Commissioners for England may, upon the conditions hereinafter mentioned, forthwith borrow, and the said Governors of the Bounty of Queen Anne, together with the most Reverend William Howley Lord Archbishop of Canterbury, may, upon the security hereinafter mentioned, forthwith lend and transfer to the said Commissioners, the capital sum of 600,000l. 31. per centum reduced bank annuities, part of a certain sum of such stock now standing in the names of the said governors and of the said archbishop in the books of the Governor and Company of the Bank of England. II. That at any time and from time to time the said Commissioners may borrow, and the said governors and the Archbishop of Canterbury for the time being may, if they shall think fit, lend and transfer to the said Commissioners, in like manner, and upon the like security and conditions, any further capital sum or sums of stock, being part of the stock so standing as aforesaid.

III. That the said Commissioners shall, upon the transfer of any such stock as aforesaid into their names in the books of the said governor and company, accept the same in such books, and shall pay or cause to be paid to the said governors, by halfyearly payments on the 10th of April and the 14th of October in every year, a sum equal in amount to the amount of the dividends which such stock, or so much thereof as shall on such days respectively remain unreplaced, would produce; and that it shall be lawful for the said Commissioners at any time to replace the whole or any part of any such sum of stock.

IV. That all the monies from time to time accruing to the said Commissioners by reason of the suspension of canonries by or under the provisions of an Act, 3 & 4 Vict. c. 113, intituled, An Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues,' and of an Act, 4 & 5 Vict. c. 39, intituled, An Act to explain and amend Two several Acts relating to the Ecclesiastical Commissioners for England,' and all the lands, tithes, rent-charges, tenements, and other hereditaments vested or to be vested in them under the provisions of the same Acts or of this Act, and the rents and profits thereof, shall be and the same are hereby charged and made chargeable with

all such half-yearly payments as aforesaid, and also with the repayment and replacing of the whole capital stock so to be lent and transferred to them, if any such half-yearly payment, or any part thereof, shall remain unpaid for twenty days next after either of the days upon which the same shall have become due and payable as aforesaid; and that upon any such default as lastmentioned the said governors shall, by virtue of this Act, and upon proof of such default, have the same and the like remedies at law against the said Ecclesiastical Commissioners for England, and upon and over all the monies, lands, tithes, rentcharges, tenements, and other hereditaments in their possession or power under the provisions of the said recited Acts, for the recovery of such capital stock, or so much thereof as shall then remain unreplaced, together with all arrears of half-yearly payments due thereon as aforesaid, as if the said Commissioners had duly executed a deed under their common seal, covenanting for repayment to the said governors of such stock and for making such half-yearly payment on the day when such default shall have become complete as aforesaid; and that such transfer and acceptance as aforesaid shall be sufficient evidence of such covenant.

v. Provided and enacted, That it shall be lawful for the said governors, if they shall see fit, at or after the expiration of thirty years from the date of the lending and transferring of the said sum, and at or after the expiration of a like number of years from and after the lending and transferring of any further sum of such stock as aforesaid, to give notice to the said Commissioners, in writing under their corporate seal, requiring them to replace, in the names of the said governors and of the Lord Archbishop of Canterbury for the time being, the whole of such sums of stock respectively, or such part thereof respectively as shall at the date of such notice remain unreplaced, and the said Commissioners shall proceed to replace the same accordingly, by yearly instalments, amounting at the least to one twelfth part of such sums of stock respectively, or of such remaining part thereof as aforesaid, and upon default of their duly replacing any such instalment the said governors shall have the like remedies for recovering the same, as for any default in making any such half-yearly payment as aforesaid. VI. That, notwithstanding the charge by this Act created, all the same and the like rights and powers of ownership, as are possessed and enjoyed respecting and over any lands, tithes, rent-charges, tenements, or other hereditaments, whatsoever, by any absolute owner thereof, shall be enjoyed by the said Commissioners with respect to and over all or any lands, tithes, rentcharges, tenements, and other hereditaments vested and liable to be vested in them by or under the provisions of the said recited Acts, and may, subject to the provisions of the same Acts and of this Act, be exercised by them, by proper instruments in writing duly executed according to law, but in the case of any such lands, tithes, rent-charges, and other hereditaments not actually in their possession, with the consent of the respective holders thereof, testified by their being made parties to such instruments; and that the consent of the said governors shall not be in any case required to the exercise by the said Commissioners of any such rights and powers as aforesaid, notwithstanding such charge: Provided always, that every sum of money received as the consideration or purchase money for the sale, transfer, or conveyance by the said Commissioners of any of such lands, tithes, tenements, or other hereditaments, or of any estate or interest therein, and also every sum of money received by them as the foregift or fine for the granting or renewing of any lease, shall, unless it be deemed expedient by the said Commissioners to apply any such sum or any part thereof in replacing any stock so lent and transferred as aforesaid, which they are hereby empowered to do, be applied by them, so soon as conveniently may be after the receipt thereof, in the purchase of lands, tithes, rent-charges, tenements, or other hereditaments, or of some estate or interest therein, and shall in the meantime be invested in some government or parliamentary stock or other public securities in England, the said Commissioners being at liberty to apply the interest and dividends of such stock or securities, and the rents and profits of such lands, rent-charges, tithes, tenements, and other hereditaments, to the purposes of the said recited Acts or of this Act.

VII. That the said Commissioners shall, for the purposes and subject to the provisions of the said recited Acts and of this Act, have full power and right of property over all the stock so lent and transferred to them by the said governors as aforesaid. VIII. Provided and enacted, That no part of the capital of such stock shall be applied to such purposes as aforesaid, nor shall any such lands, tithes, tenements, or other hereditaments as aforesaid be sold, transferred, or conveyed, except by the authority in the said recited Acts provided; (that is to say,) by a scheme prepared by the said Commissioners, and an order issued by Her Majesty in Council ratifying such scheme.

And after reciting that there are divers parishes, chapelries, and districts of great extent, and containing a large population, wherein or in parts whereof the provision for public worship and for pastoral superintendence is insufficient for the spiritual wants of the inhabitants thereof;

It is Enacted,

IX. That if at any time it shall be made to appear to the said Ecclesiastical Commissioners for England, that it would promote the interests of religion that any part or parts of any such parish or parishes, chapelry or chapelries, district or districts, or any extra-parochial place or places, or any part or parts thereof, should be constituted a separate district for spiritual purposes, it shall be lawful, by the authority aforesaid, with the consent of the bishop of the diocese under his hand and seal, to set out by metes and bounds, and constitute a separate district accordingly, such district not then containing within its limits any consecrated church or chapel in use for the purposes of divine worship, and to fix and declare the name of such district: Provided always, that the draft of any scheme for constituting any such district, proposed to be laid before Her Majesty in Council by the said Commissioners, shall be delivered or transmitted to the incumbent and to the patron or patrons of the church or chapel of any parish, chapelry, or district out of which it is recommended that any such district or any part thereof should be taken, in order that such incumbent, patron or patrons, may have an opportunity of offering or making, to the said Commissioners or to such bishop, any observations or objections upon or to the constituting of such district; and that such scheme shall not be laid before Her Majesty in Council, until after the expiration of one calendar month next after such copy shall have been so delivered or transmitted, unless such incumbent and patron or patrons shall in the meantime consent to the same: Provided also, that in every scheme for constituting any such district, the said Commissioners shall recommend to Her Majesty in Council, that the minister of such district, when duly licensed as hereinafter mentioned, shall be permanently endowed, under the provisions hereinafter contained, to an amount of not less than the annual value of 100%.: and also, if

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