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ing three, which may have been committed by him within the space of six calendar months from the first to the last of such acts; and in every such indictment where the offence shall relate to any money or any valuable security, it shall be sufficient to allege the embezzlement or fraudulent application or disposition to be of money, without specifying any particular coin or valuable security; and such allegation, so far as it regards the description of the property, shall be sustained if the offender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved, or if he shall be proved to have embezzled any piece of coin or any valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, and although such part shall have been returned accordingly.

IV. That in every such case of embezzlement or fraudulent application or disposition as aforesaid of any chattel, money, or valuable security, it shall be lawful in the order of committal by the Justice of the Peace before whom the offender shall be charged, and in the indictment to be preferred against such offender, to lay the property of any such chattel, money, or valuable security as aforesaid in the King's Majesty.

V. That every offender against this Act may be dealt with, indicted, tried, and punished either in the county or place in which he shall be apprehended, or in the county or place where he shall have committed the offence.

VI. That this Act may be amended, altered, or repealed by any Act or Acts to be passed in this present session of Parliament.

CAP. V.

AN ACT to provide for carrying on the Business of the Court of Session in Scotland when interrupted by the Death or necessary Absence of any of the Judges thereof.

(13th February 1832.)

ABSTRACT OF THE ENACTMENTS.

1. Judges of the Court of Session empowered to make Regulations for carrying on the business of the said Court in certain cases. 2. When the Judges of the Inner House are reduced below a Quorum, they may call in one of the Lords Ordinary to assist.

By this ACT,

After noticing that by the laws now in force for regulating the proceedings in the Court of Session in Scotland no sufficien provision is made for carrying on the business of the said Court in the event of the death, sickness, or necessary absence of any of the Lords Ordinary in the Outer House, or in the event of the Judges in either division of the Inner House being reduced to less than a quorum by such casualties; whereby great delays and inconveniences have been suffered, and that it is expedient that these should be remedied :

It is Enacted,

1. That from and after the passing of this Act it shall be competent to the Judges of the Court of Session, or a quorum thereof, in the case of the death, sickness, or other necessary absence of any of the Lords Ordinary of either division of the Court, or of the junior Lord Ordinary acting as Ordinary on the Bills, to make such regulations by Act of Sederunt as may be necessary for carrying on the business of the Outer House, and that either by appointing one of the Judges of either division of the Inner House to officiate in the Outer House or Bill Chamber during such absence of any of the above Lords Ordinary, or by appointing a Lord Ordinary of one division to act in such case pro tempore as an Ordinary of the other division.

11. That in case of death, sickness, declinature, or necessary absence of any of the Judges of the Inner House of either division, the number of Judges in such division shall be reduced to less than a quorum, it shall be in the power of the division so reduced in number, and they are hereby authorized and required, to call in one of the Lords Ordinary of the same or of the other division to sit and vote in the Inner House until the number of Judges in such division be again increased to a quorum.

CAP. VI.

AN ACT to apply certain Sums to the Service of the Year One thousand eight hundred and thirty

two.

(20th February 1832.)

By this ACT, the Commons Granted, and it is Enacted, That there shall and may be issued and applied, for or towards making good the Supply granted to His Majesty for the service of the Year 1832, the sum of 3,000,000l., a part of the sum now remaining in the Exchequer, or remaining to be received on the 5th of January 1832, to complete the aids granted by Parliament for the service of the year 1831; and also the balance

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now in the Exchequer, or which may be paid into the same by the Governor and Company of the Bank of England on or before the 5th of April 1833, pursuant to an Act, 56 Geo. 3. c. 97, intituled, An Act to authorize the advancing, for the Public Service, a Proportion of the Balance that shall remain from Time to Time in the Bank of England for the Payment of Dividends on account of the Public Debt, for Lottery Prizes or Benefits not claimed, and Principals of Stock and Annuities remaining unclaimed;' provided that if at any time the said balance shall be reduced to a less sum than 100,000l., then so much of the monies advanced by the said Governor and Company shall be repaid to them as shall be equal to the sum by which the said balance shall be less than the sum of 100,0001.; and any sum or sums of money which may have been or which may be paid into the Exchequer before the 5th of April 1833, in respect of Exchequer Bills issued pursuant to two Acts, 57 Geo. 3, and 1 & 2 William 4, authorizing the issue of Exchequer bills for carrying on public works and fisheries in the United Kingdom; and also the sum of 60,000l., to be paid into the Exchequer by the United Company of Merchants of England trading to the East Indies, towards the expense of retiring pay, pensions, and allowances to His Majesty's forces serving in India, in pursuance of an Act, 4 Geo. 4; and the Commissioners of His Majesty's Treasury, now or for the time being, or any three or more of them, or the Lord High Treasurer for the time being, are or is authorized and empowered to issue and apply the same accordingly.

CAP. VII.

AN ACT for the Relief of His Majesty's Subjects in Ireland being Protestants of the Established Church, and to repeal an Act passed in the Parliament of Ireland in the Thirty-third Year of the Reign of His Majesty King George the Third, intituled An Act to remove some Doubts respecting Persons in Office taking the Sacramental Test.

By this ACT,

(20th February 1852.)

After noticing that an Act was passed in the Parliament of Ireland, 19 & 20 Geo. 3. (I.), intituled, An Act for the Relief of His Majesty's faithful Subjects the Protestant Dissenters of this Kingdom, and to repeal a clause in the Act of the Second of Queen Anne, intituled, "An Act to prevent the further Growth of Popery," as far as the same relates to the Protestant Dissenters,' whereby, after reciting a certain clause of an Act made in the said Parliament of Ireland, 2 Anne (1.), intituled, An Act to prevent the further Growth of Popery,' it was enacted, that all and every person or persons, being Protestants, should and might have, hold, and enjoy any office or offices, civil or military, and receive any pay, salary, fee, or wages belonging to or by reason of such office or place, notwithstanding he shall not receive or have received the Sacrament of the Lord's Supper, as in the said recited clause is prescribed, without incurring any of the penalties in the said Act or any other Act enacted, for or in respect of his neglect of receiving the same:

And after noticing that by an Act made in the said Parliament of Ireland, 33 Geo. 3. (I.), intituled, 'An Act to remove some Doubts respecting Persons in Office taking the Sacramental Test,' it was declared and enacted that the said Act, 19 & 20 Geo.3, did not and doth not extend, and shall not be deemed, taken, and construed to have extended, to Protestants of the Church of Ireland as by law established, but to Protestant Dissenters only;

And after noticing that it is not expedient that Protestants, being members of the established Church, should be subjected to any test from which Protestant Dissenters are exempt:

It is Enacted,

1. That the said recited Act, 33 Geo. 3, shall be and the same is hereby repealed from and after the passing of this Act.

II. That the said Act, 19 & 20 Geo. 3, doth and shall be deemed and taken and construed to extend and to have extended to Protestants of the Church of Ireland as by law established and to Protestant Dissenters alike.

III. That all persons being Protestants of the established Church, and now in the actual possession of any office, command, place, trust, service, or employment, or in the receipt of any pay, salary, fee, or wages in respect of or as a qualification for which, by virtue of or under the before-mentioned Act, 2 Anne, or any other Act or Acts, they respectively ought to have heretofore taken or ought hereafter to receive the said Sacrament of the Lord's Supper, or to file a certificate thereof, shall be and they are hereby confirmed in the possession and enjoyment of the said several offices, commands, places, trusts, services, employments, pay, salaries, fees, and wages respectively, notwithstanding their omission or neglect to take or receive the Sacrament of the Lord's Supper, or to file such certificate thereof, and shall be and are hereby indemnified, freed, and discharged from all incapacities, disabilities, forfeitures, and penalties whatsoever already incurred or which might hereafter be incurred in consequence of any such omission or neglect; and that no election of or act done or to be done by any such person, or under his authority, and not yet avoided, shall be hereafter questioned or avoided by reason of any such omission or neglect, but that every such election and act shall be as good, valid, and effectual as if such person had duly received the said Sacrament of the Lord's Supper and filed such certificate in the time and manner prescribed by the said Act, 2 Anne.

CAP. VIII.

AN ACT for co inuing to His Majesty for one Year certain Duties on Personal Estates, Offices, and Pensions in England, for the Service of the Year One thousand eight hundred and thirty-two.

By this ACT,

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(20th February 1832.) After noticing that by an Act, 38 Geo. 3. c. 60, intituled, An Act for making perpetual, subject to Redemption and Purchase in the Manner therein stated, the several Sums of Money now charged in Great Britain as a Land Tax for One Year, from the Twenty-fifth Day of March One thousand seven hundred and ninety-eight,' the several and respective sums charged by 38 Geo. 3. c. 5, intituled, An Act for granting an Aid to His Majesty by a Land Tax to be raised in Great Britain, for the Service of the Year One thousand seven hundred and ninety-eight,' on any manors, messuages, lands, tenements, or hereditaments in Great Britain, are, after the 25th March 1799, continued and made perpetual, with a provision that the several sums of money charged upon estates in ready money, debts, goods, wares, merchandize, or personal estates, or upon any person or persons in respect of any public office or employment of profit, or any salaries, gratuities, bounty monies, rewards, fees, profits, perquisites, advantages, pensions, annuities, stipends, or yearly payments in the said Act mentioned, should, after the 25th of March 1799, be ascertained, raised, levied, collected, and paid according to the directions of any Act or Acts to be passed for that purpose: And after noticing that the sums of money and duties last mentioned have been from time to time continued by divers Acts of Parliament, and are now in force until the 25th of March 1832:

The Commons Granted, and it is Enacted,

1. That the several and respective sums of money and duties which shall have been or shall be charged upon estates in ready money, debts, goods, wares, merchandize, chattels, or other personal estate, by virtue of the said Act, 38 Geo. 3. c. 5, for granting an aid to His Majesty by a land tax, and also the several sums of money and duties which by virtue of the said recited Act, 38 Geo. 3. c. 5, for granting an aid to His Majesty by a land tax, were charged in respect of any public offices or employments, or any annuities, pensions, stipends, or other annual payments, and which have been continued and are in force until the 25th of March 1832, shall be continued, and raised, levied, collected, and paid unto His present Majesty within the space of one year from the said 25th of March 1832.

II. That the several powers and provisions contained in an Act, 6 Geo. 4. c. 9, for the ascertaining, assessing, taxing, regulating, paying, and accounting for the duties on personal estates, offices, and pensions, shall extend and be construed to extend to the duties on personal estates, offices, and pensions hereby granted and continued, except where other provisions are made by this Act; and that the several powers and provisions in the said Act contained, which relate or refer to any day or time within or during or before or after the year commencing from the 25th of March 1825, shall extend and be construed to relate to the like days and times within or during or before or after the year commencing from the 25th of March 1832, in like manner as by the said recited Act is directed with reference to the year 1825, and as if the several powers and provisions in the said recited Act contained were repeated and re-enacted in this present Act.

III. Provided always, that no assessment shall be made by any Commissioner or Commissioners, Assessor or Assessors of the Land Tax, or otherwise, for or in respect of the duties hereby granted, or for or in respect of the several duties of Is. and of 6d. in the pound respectively charged and payable to His Majesty under the several Acts in force on annuities, pensions, stipends, salaries, wages, allowances, or other yearly payments whatever, where the same are payable out of the public revenue of the receipt of the Exchequer or elsewhere in Great Britain by any officer or officers; but that all and every such annuities, pensions, stipends, salaries, wages, allowances, or other yearly payments shall and are hereby declared to be charged and assessed to the said duties respectively to the same annual amount as heretofore rated, charged, or assessed under any Act or Acts; and all monies applicable to the payment of such annuities, pensions, stipends, salaries, wages, allowances, or other yearly payments shall be issued, paid, and discharged less by the amount of the said duties to all intents as if the same were continued to be charged by annual assessment, and hereby authorized to be stopped and deducted as duties payable to His Majesty, anything in this Act or any former Act or Acts contained to the contrary notwithstanding: Provided also, that where any officer who shall be in receipt of any such annuity, pension, stipend, salary, wages, allowance, or other yearly payment payable at the Exchequer or elsewhere in Great Britain, out of the public revenue as aforesaid, shall also be in receipt of perquisites, fees, gratuities, wages, allowances, or other profits not so payable, but which are chargeable with the said duties, it shall be lawful for the Lords Commissioners of the Treasury to authorize such last-mentioned duties, unless otherwise paid, to be stopped or detained from the amount of the salary or other yearly payment made to any such officer.

IV. That there shall be provided and kept, in the office of the Auditor of the Receipt of His Majesty's Exchequer at Westminster, one book of register, in which all the money that shall be paid into the said Exchequer for the said rates and duties hereby granted or continued on personal estates, and on offices and employments of profit, pensions, annuities, and stipends, shall be entered and registered apart and distinct from all other monies paid and payable to His Majesty, and shall be carried to the Consolidated Fund of the United Kingdom; and it shall be lawful for the Commissioners of the Treasury to issue and apply the same from time to time to such services as shall then have been voted by the Commons of the United Kingdom in this present session of parliament.

v. That this Act may be altered, amended, or repealed by any Act or Acts to be passed in this present session of Parliament.

* See Law Journ. Abridgment of Statutes, vol. 3. p. 10.

CAP. IX.

AN ACT to amend Two Acts passed in the Fifty-eighth and Fifty-ninth Years of the Reign of H
Majesty King George the Third, for establishing Fever Hospitals and for preventing contagiou
Diseases in Ireland.
(20th February 1832.)

ABSTRACT OF THE ENACTMENTS.

1. Enactments of recited Acts and this Act for prevention of Fever, &c. shall extend to epidemic as well as contagious Diseases.

2. Provisions of 58 Geo. 3. c. 47. extended to cases of apprehended as well as actually existing distemper,

3. Officers of Health may guard against approach, &c. of disease by any mode proper for so doing.

4. Lord Lieutenant may advance money out of the Consolidated Fund to Officers of Health for the purposes hereof.

5. Chief Secretary shall certify to the Churchwardens the amount so advanced; and Churchwardens shall assess the same on th

Parish.

6. Justices of King's Bench or Judges of Assize may order a levy of the advance on the Parish in default of assessment.

7. Securities of persons engaged in collecting parish cess to extend to money raised under this Act; and the money raised to be paid over to Collector of Excise of the district.

8. Lord Lieutenant may require the appointment of Officers of Health in any parish, subject to the regulations provided by the last recited Act for cities and large towns.

9. Lord Lieutenant may direct the immediate election of Officers of Health at any period of the year;

10. And in case those elected decline or become incapable to act, he may appoint others.

11. This Act not to affect the powers of Vestries.

12. Continuance of Act.

13. Act may be altered this Session.

By this ACT,

After noticing that by an Act, 58 Geo. 3. c. 47, intituled, An Act to establish Fever Hospitals, and to make other Regulations for the Relief of the suffering Poor, and for preventing the Increase of infectious Fevers in Ireland,' it is amongst other things enacted, that whenever, in any city, town, or district, any fever or contagious distemper shall appear or be known to exist among the poor inhabitants, it shall and may be lawful for the Lord Lieutenant or other chief governor or governors of Ireland for the time being, upon an application to be made in manner by the said Act prescribed, to appoint a Board of Health to act within such city, town, or district, in such manner and under such regulations as such Lord Lieutenant or other chief governor or governors of Ireland, or his or their chief secretary, shall from time to time establish; and authority is by the said Act given to the Lord Lieutenant or other chief governor or governors of Ireland to order any sum or sums of money to be from time to time advanced, out of the growing produce of the Consolidated Fund in Ireland, for the payment of the actual expenses incurred by or under the said Board in the execution of the powers by the said Act vested in it; and it is further enacted, that all sums of money so to be advanced shall be raised by presentments to be made by the grand juries, and raised off the county or county of a city or town in which such expenses shall be incurred:

And after noticing another Act, 59 Geo. 3. c. 41, intituled, 'An Act to establish Regulations for preventing contagious Diseases in Ireland; by which last-mentioned Act, in order to provide for and secure constant attention to the health and comforts of the inhabitants of Ireland, provision was made for the annual election of officers of health in each and every parish in every city and town in Ireland which shall contain one thousand inhabitants or upwards, and in every city and large town where the Lord Lieutenant or other chief governor or governors of Ireland shall think fit to direct that such now-reciting Act shall be carried into effect, and also in any parish, town, or place whatever in Ireland, the inhabitant householders whereof in vestry assembled, shall think fit and expedient to elect such officers of health; and it is further provided by the said last-reciting Act, that all expenses to be incurred thereunder, not exceeding such sums as shall be specified and determined on and limited and directed at the vestry to be assembled for the choice of the said officers of health, or at any subsequent vestry to be called by the said officers, shall be raised and levied on the inhabitants of such parish in such manner and form as other parochial assessments are raised and levied :

And after noticing that the provisions of both the said recited Acts are limited to cases of contagious distemper or disease, and that it is expedient that the same be extended to all cases of disease, whether epidemic or contagious, or of doubtful character: And after noticing that the said provisions of the said Act, 58 Geo. 3. c. 47, are limited to cases in which any fever or contagious distemper shall appear or be known to exist; and that it is expedient to extend such provisions so as to guard against the occurrence of disease as well as to prevent the spreading thereof:

And after noticing that the provisions of the said Act, 59 Geo. 3. c. 41, may in many cases be ineffectual, by reason of the funds necessary for the purposes of such last-mentioned Act being raiseable only at vestries in the manner of parochial rates, and the same may, from the delay and difficulty attending the collection of such rates, be not available for their intended objects so promptly as the urgency of circumstances may require; and that it is therefore expedient that provision should be made for the immediate supply of money for the purposes of the said last-mentioned Act, in like manner as for the purposes of the said first-mentioned Act:

And after noticing that it is expedient that the powers created by the said Act, 59 Geo. 3. c. 41, should be made more ample and efficacious towards the ends thereby proposed:

It is Enacted,

:

I. That all enactments relative to the prevention or mitigation of fever or contagious disease contained in the said hereinrecited Acts of the 58 and 59 Geo. 3, or in this Act, shall be deemed and taken to extend and apply to and shall comprehend any and every epidemic as well as contagious disease, as fully to all intents and purposes as if epidemic diseases had been specially mentioned in such enactments.

II. That whenever, in any city, town, or district, the approach or occurrence of any fever or contagious or epidemic distemper shall be reasonably apprehended or expected, it shall and may be lawful for the Lord Lieutenant or other chief governor or governors of Ireland to appoint a Board of Health for such city, town, or district, upon and after an application authorized by a meeting of the magistrates and householders thereof, in like manner as by the said recited Act, 58 Geo. 3. c. 47, appointed in the case of any fever or contagious distemper appearing or being known to exist; and that such Board, so appointed in case of any apprehended or expected fever or contagious or epidemic distemper, shall have and exercise all such powers as by the said last-mentioned Act are or may be conferred upon any Board appointed thereunder, and that money may be advanced for the expenses incurred by such Board, and the orders of such Board enforced, in like manner as in the case of any Board appointed under the authority of the said Act, 58 Geo. 3; and that all clauses, penalties, and enactments by the said lastmentioned Act made or provided in the case of any fever or contagious distemper appearing or being known to exist in any city, town, or district, for preventing the spreading thereof, shall be alike valid and applicable in the case of any apprehended or expected fever or contagious or epidemic distemper, to prevent the occurrence of or to arrest or mitigate the same.

III. That it shall and may be lawful for the officers of health appointed in any parish under the said Act, 59 Geo. 3. c. 41, or this Act, to guard against the occurrence or approach or to mitigate or prevent the spreading of any fever or epidemic or contagious disease, whether by the means in the said last-mentioned Act specified, or by the supply of medicines, nourishment, clothes, or other necessaries, or by any other means proper for preventing, arresting, curing, or mitigating any such fever or epidemic or contagious disease, or guarding against the approach or occurrence thereof.

IV. That it shall and may be lawful to and for the Lord Lieutenant or other chief governor or governors of Ireland, when and as application may be made to him or them for that purpose, to order such sum or sums of money as he or they shall think proper to be from time to time advanced, out of the produce of the Consolidated Fund of the United Kingdom arising in Ireland, to any officers of health elected or to be elected or appointed under the said recited Act, 59 Geo. 3. c. 41, or under this Act, to be by them employed in the execution of such powers or duties as by the said last-mentioned Act or by this Act they may be authorized or required to execute.

v. That the Chief Secretary of the Lord Lieutenant or other chief governor or governors of Ireland for the time being, or the Under Secretary, shall certify to the churchwarden or churchwardens, or in case there shall be no churchwarden, to any two inhabitants of any parish or place wherein such money so advanced as aforesaid out of the Consolidated Fund shall have been expended, the amount so advanced; and it shall and may be lawful for such churchwarden or churchwardens or inhabitants, as the case may be, and he or they are hereby required, upon the receipt of such certificate, to call a vestry of such parish, whereat such sum or sums of money as are stated in such certificate shall be raised and levied on the inhabitants of such parish in such form and manner as other parochial assessments are raised and levied.

VI. That in case such churchwarden or such churchwardens or inhabitants, as the case may be, shall neglect to call such vestry, or in case any vestry so called shall decline or neglect to make any such assessments, it shall and may be lawful for the Justices of His Majesty's Court of King's Bench in Ireland, in case of the county or city of Dublin, and for any Judge of Assize in any other county, county of a city, or county of a town, upon a motion for that purpose made, to order that the amount of any such advance shall be raised off such parish as if the same had been duly assessed according to the provisions of this Act; and such order shall have the like force and effect as any vote of vestry or assessment made under this Act, and shall be to all intents and purposes deemed, considered, and acted upon as such vote or assessment by all and every person or persons whose office or duty it would have been to obey and carry such vote of vestry or assessment into effect.

VII. That the respective persons employed in the collection, receipt, or custody of parish cess shall be alike answerable for, and that all securities by such persons entered in respect of such employment shall respectively extend to all monies levied by parochial assessment or otherwise, as the case may be, under this Act; and that all monies raised by such assessment or otherwise, under the authority of this Act, shall, for the purpose of repaying such advances out of the Consolidated Fund, be paid over to the Collector of Excise of the district, to be accounted for by him as any other public money in his hands; and thereupon, as to all advances mentioned in such certificate as aforesaid, such parish respectively shall be deemed to be discharged.

And after noticing that the inhabitants of many parishes, towns, or places containing fewer than one thousand inhabitants, but wherein the election of officers of bealth would have been proper and necessary, have neglected to elect such officers as they are empowered to do by the said recited Act, 59 Geo. 3. c. 41, and that it is therefore expedient to extend to such cases the powers now vested in the Lord Lieutenant or other chief governor or governors of Ireland for requiring such election of officers of health to be made in cities and large towns:

It is Enacted,

VIII. That it shall and may be lawful for the Lord Lieutenant or other chief governor or governors of Ireland, in all cases where it shall seem to him or them fit or necessary, to direct and require that the inhabitant householders of any parish, town,

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