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CAP. XXXI.
An Act to provide for the surrender of Premises formerly

used for Court Houses, but no longer used for that pur-
pose, in Ireland.

[21st June, 1841.]

c. 29.

CAP. XXXII. An Act to amend an Act to extend the Practice of Vaccination.*

[21st June, 1841.) WHEREAS an Act was passed in the fourth year of the reign 3 & 4 Vict, of Her present Majesty, intituled An Act to extend the practice

of Vaccination ; but no express provision was thereby made for defraying the expenses of carrying the same into execution; be it therefore declared and 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 Expences of assembled, and by the authority of the same, That it shall be and Vaccination be deemed to have been lawful for the guardians of every parish to be defrayed out of the

or union in England and Ireland, and the overseers of every Poor Rates. parish in England, by whom the contracts for vaccination may

respectively be or have been made under the provisions of the said Act, to defray the expenses incident to the execution of the said Act out of any rates or monies which may come or may have come into their hands respectively for the relief of the

poor. Vaccination 2. And be it further declared and enacted, That the vaccinadeclared not to tion, or surgical or medical assistance incident to the vaccination, be Parochial

of any person resident in any union or parish, or of any of his Relief.

family, under the said Act, shall not be considered to be parochial relief, alms, or charitable allowance to such person, and that no such person shall by reason of such vaccination or assistance be deprived of any right or privilege, or be subject to any disability or disqualification whatsoever.

CAP. XXXIII.
An Act to amend the Acts for regulating Turnpike Roads

in England, so far as they relate to certain Exemptions
from Toll.t

[21st June, 1841.] WHEREAS doubts are entertained whether, under the provisions

of an Act passed in the third year of the reign of His late Majesty 3 G. 4, c. 126. King George the Fourth, intituled An Act to amend the general

Laws now in being for regulating Turnpike Roads in that part of
Great Britain called England, and of several other Acts amending

* See Burn's Justice, tit. Poor.
+ See Burn's Justice, tit. HIGHWAYS, (Turnpike.)

the same, asses, beasts, or cattle, other than horses, or waggons, carts or vehicles, other than carriages, which shall only cross any turnpike road, or shall not pass above one hundred yards thereon, are exempted from tolls : For the removal therefore of such doubts, 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 no toll shall be demanded or Toll not to be taken for or in respect of any horse, ass, sheep, swine, or other taken for carts, beast or cattle, of any kind whatsoever, or of any waggon, cart, Roads or passvehicle, or other carriage, of any kind whatsoever, which shall ing not above only cross any turnpike road, or shall not pass above one hundred 100 Yards yards thereon.

thereon. 2. And be it enacted, That all and every the powers, provisions, Extending authorities, penalties, and forfeitures contained in the said recited Powers of

former Acts Act, and in the several other Acts for regulating turnpike roads in

to this Act. England, (save and except such parts thereof as are varied, altered, or repealed,) shall be as good, valid, and effectual for carrying this Act into execution as if the same had been repeated and re-enacted in the body of this Act, and that the said recited Act and this Act shall be construed together as one Act.

3. Provided always, and be it enacted, That nothing in this Not to affect Act contained shall extend or be construed to extend to or affect

Roads ex

empted by any road or roads in the said recited Act mentioned to be recited Act. exempted from the provisions thereof.

CAP. XXXIV.
An Act to explain and amend an Act of the Fifth year of

King George the Fourth, for repealing certain Duties
on Law Proceedings in the Courts in Great Britain
and Ireland respectively, and for better protecting the
Duties payable upon stamped Vellum, Parchment, or
Paper.

[21st June, 1841.]

CAP. XXXV.
An Act for the Commutation of certain Manorial Rights

in respect of Lands of Copyhold and Customary Tenure,
and in respect of other Lands subject to such Rights,
and for facilitating the Enfranchisement of such Lands,
and for the Improvement of such Tenure.

[21st June, 1841.] WHEREAS it is expedient to provide the means for an adequate compensation for the rents, fines, and heriots payable to the lords of manors in respect of lands of copyhold and customary tenure, and in respect of other lands subject to such payments, or any

of them, and for facilitating the voluntary enfranchisement of such lands, and for improving such tenure : 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 Appointment same, That “The Tithe Commissioners for England and Wales" of Commis- for the time being shall be the commissioners for carrying this Act sioners.

into execution ; and that, should the same not be fully carried into effect before the duties of the said tithe commissioners shall cease, it shall be lawful in such case for one of Her Majesty's principal secretaries of state to appoint any number of fit persons to be commissioners to carry this Act into execution, in the place of such commissioners so ceasing to act, and at pleasure to remove any one or more of the commissioners so appointed, so that the number of commissioners shall never exceed three; and upon every vacancy in the office of commissioner some other fit person shall be appointed to the said office in like manner ; and until such appointment it shall be lawful for the remaining commis

sioners or commissioner to act as if no such vacancy had occurred. Style of Com

2. And be it enacted, That the commissioners acting in the missioners.

execution of this Act shall be styled “The Copyhold Commissioners," and shall have their office in London or Westminster; and they, or any two of them, may sit from time to time, as they

deem expedient, as a board of commissioners for carrying this To have a Act into execution ; and the said commissioners shall cause to be Common Seal. made a seal of the same board, and shall cause to be sealed or

stamped therewith all agreements and awards or apportionments

confirmed by the said commissioners in pursuance of this Act ; Instruments and all such agreements, awards, apportionments, and other sealed to be

instruments proceeding from the said board, or copies thereof, received in Evidence.

purporting to be sealed or stamped with the seal of the said board, shall be received in evidence without any further proof thereof; and no agreement, award, or apportionment shall be of

any force unless the same shall be sealed or stamped as aforesaid. Commission- 3. And be it enacted, That the said commissioners shall from ers to report time to time give to any one of Her Majesty's principal secretato Secretary of ries of state such information respecting their proceedings, or any State.

part thereof, as the said principal secretary of state shall require,

and shall once in every year send to one of the principal secreAnnual Report taries of state a general report of their proceedings ; and every to be laid be. year such general report shall be laid before both houses of fore Parlia

parliament within six weeks after the receipt of the same by such principal secretary of state, if parliament be sitting, or if parliament be not sitting then within six weeks after the next meeting

thereof. Power to 4. And be it enacted, That it shall be lawful for the said comappoint and

missioners from time to time to employ such of the assistant

commissioners appointed under the provisions of an Act passed in Assistant

the sixth and seventh years of the reign of His late Majesty King Commissioners, Secretary,

William the Fourth, and intituled An Act for the Commutation of &c.

Tithes in England and Wales, as they shall see fit, or to appoint 6 & 7 W.4, a sufficient number of other persons to be assistant commissioners, c. 71.

ment.

remove

and also a secretary, assistant secretaries, and all such clerks, messengers, and officers, as they shall deem necessary, and to remove such assistant commissioners, secretary, assistant secretaries, clerks, messengers, or officers, or any of them, and on any vacancy in any of the said offices to appoint some other person to the vacant office ; and the persons so employed or appointed shall assist in carrying this Act into execution at such places and in such manner as the said commissioners may direct : Provided always, that the said commissioners shall not appoint more than ten such assistant commissioners to act at any one time, unless the lord high treasurer, or any three or more of the commissioners of Her Majesty's treasury, of the United Kingdom of Great Britain and Ireland, shall, in the case of each such additional appointment, consent thereto : Provided further, that the number of such clerks, messengers, and officers shall be subject to the like consent.

5. And be it enacted, That no commissioner or assistant com- No Commismissioner appointed as aforesaid shall during the continuance of sioner to sit such office be capable of being elected or of sitting as a member in House of

Commons. of the House of Commons.

6. And be it enacted, That no commissioner or assistant com- Operation of missioner, secretary, or other officer or person so to be appointed, Act as to Apshall hold his office for a longer period than five years next after pointments

limited to the day of the passing of this Act, and thenceforth until the end

Five Years. of the then next session of parliament; and after the expiration of the said period of five years and the then next session of parliament so much of this Act as authorizes such appointment shall

cease.

7. And be it enacted, That the salaries of the commissioners, Salaries and the allowance to the assistant commissioners, and the salary of Allowances ; the secretary, assistant secretaries, clerks, messengers, and other officers to be appointed under this Act, shall be from time to time regulated by the lord high treasurer, or the commissioners of Her Majesty's treasury, or any three of them: Provided always, that the salary of a commissioner shall not exceed the sum of two thousand pounds a year, including any salary to which he may

be entitled under the said Act of His late Majesty King William the Fourth; nor the allowance to an assistant commissioner the sum of three pounds for every day that he shall be actually employed or travelling in the performance of the duties of his office, including any allowance to which he may be entitled under the said Act; nor the salary of the secretary the sum of eight hundred pounds a year; and that the salaries of the assistant secretaries, clerks, messengers, and other officers shall be in fit proportion : Provided also that the said lord high treasurer, or commissioners of Her Majesty's Treasury, may allow to any commissioner or assistant commissioner, secretary, assistant secretary, clerk, messenger, or other officer, any such reasonable travelling or other expences as may have been incurred by him in the performance of his duties under this Act, in addition to his salary or allowance respectively.

to be paid out 8. And be it enacted, That the salaries, allowances, and of Consoli

travelling and other expences of the commissioners, assistant dated Fund.

commissioners, secretary, assistant secretary, clerks, messengers, and officers as aforesaid, and all other incidental expences of carrying this Act into execution not herein otherwise provided for, shall be paid by the lord high treasurer, or the commissioners of Her Majesty's treasury, out of the consolidated fund of the

United Kingdom of Great Britain and Ireland. Declaration of 9. And be it enacted, That every commissioner shall, before he Coinmission- shall enter upon the execution of his office, make the following ers, &c.

declaration before one of the judges of Her Majesty's Courts of Queen's Bench or Common Pleas, or one of the barons of the Court of Exchequer ; (that is to say,)

*I, [A. B.] do solemnly declare That I will faithfully, impartially, and honestly, according to the best of my skill and judgment, 'fulfill all the powers and duties of a commissioner under an Act

passed in the fourth year of the reign of Queen Victoria, intituled '[here set forth the title of this Act]. And that every such assistant commissioner shall, before he shall enter upon the execution of his office, make the like declaration (substituting the words “ assistant commissioner" for the word commissioner”) before such judge or baron, or before any two Justices of the Peace for the county, riding, division, liberty or jurisdiction wherein such assistant commissioner shall be resident at the time of his appointment, or before a master extraordinary in Her Majesty's High Court of Chancery; and the appointment of every such commissioner and assistant commissioner, with the time when, and the name or names of the judge, baron, Justices, or master extraordinary before whom, he shall have made the declaration as aforesaid, shall be forthwith published in the

London Gazette. Commission- 10. And be it enacted, That the said commissioners may deleers may dele

gate to their assistant commissioners, or to any one or more of gate powers,

them, such of the powers hereby given to the said commissioners as the said commissioners shall think fit, except the power to confirm agreements, awards, or apportionments, or to frame forms of agreements and other instruments, as hereinafter provided, or to do

any act herein required to be done under the seal of the said commissioners; and the powers so delegated shall be exercised under such regulations as the said commissioners shall direct; and the said commissioners may at any time recall or alter all or any of the powers delegated as aforesaid, and, notwithstanding the delegation thereof, may act as if no such delegation had been made ; and all acts done by any such assistant commissioner in pursuance of such delegated powers shall be obeyed by all persons as if they had proceeded from the said commissioners, and

the non-observance thereof shall be punishable in like manner. In case the 11. And be it enacted, That whenever the lord or tenant of a Lord or manor, or any person interested in any question or right conTenant of a

nected with any commutation or enfranchisement under this Act,

&c.

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