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after reserving to the bishop or chapter, as the case may be, an annual payment equal to the amount theretofore enjoyed in respect of the land so let or sold, shall be wholly applied to the purposes of the said last-mentioned Act, the consent of the said commissioners being in all cases necessary to the particular application thereof: Provided also, that if it be deemed expedient with a view to the better effecting of such purposes, such rent or purchase money, or any part thereof, may, with the like consent, be at any time reinvested in the purchase of land.
27. And be it enacted, That it shall be lawful for the ecclesias- Commissiontical commissioners for England, out of the revenues accruing to ers may pay them under the said recited Acts respectively or this Act, to pay
Agents, &c. and defray all necessary law charges, and to make any
such allowance for costs, charges, expences, pains, and trouble, as to the said commissioners shall appear just and reasonable, to any person employed by them in receiving or paying any monies accruing to them, or in auditing any accounts relating thereto, or in surveying, valuing, or performing any other duty relating to or connected with the possession or management of any lands, tithes, or other hereditaments vested in them the said commissioners, or relating to or connected with any other matter or thing to be done or executed under the authority of the said recited Acts, or either of them, or of this Act.
28. And be it enacted, That nothing in this Act contained shall, Act not to except as herein-after specified, extend or apply to the dioceses or apply to Saint cathedral churches of Saint Asaph and Bangor or either of them ;
Asaph and and that an Act passed in the sixth year of the reign of His late
Bangor, &c. Majesty intituled, An Act for protecting the revenues of vacant 5 & 6 W. 4, Ecclesiastical Dignities, Prebends, Canonries, and Benefices, without c. 30. Cure of Souls, and for preventing the Lapse thereof, during the pending Inquiries respecting the State of the Established Church in England and Wales, and another Act passed in the seventh year of the reign of His said late Majesty, intituled An Act 6 & 7 W.4, for suspending for One Year Appointments to certain Dignities and c. 67. Offices in Cathedral and Collegiate, Churches, and to Sinecure Rectories, and such parts of another Act passed in the second year of the reign of Her present Majesty, intituled An Act to suspend 2 & 3 Vict. until the First Day of August One thousand eight hundred and c. 55. forty certain Cathedral and other Ecclesiastical Preferments, and the
Operation of the new Arrangement of Dioceses upon the existing Ecclesiastical Courts, as relate to the two last-mentioned Acts, so far only as the same Acts and parts of an Act apply to the said two lastmentioned dioceses and churches, or either of them, and also the temporary provisions of the first herein-recited Act, shall respectively continue and be in force until the first day of August in the year one thousand eight hundred and forty-two, and, if parliament shall be then sitting, until the end of the then Session of parliament: Provided always, that notwithstanding any thing in the same Acts, or any or either of them, or in this Act contained, it shall be lawful for the bishop of Bangor for the time being to
collate to any vacant canonry, prebend, dignity, or office in the said cathedral church of Bangor not having any estate or endowment belonging thereto; and also that any bishop or archdeacon may hold visitations of the clergy within the limits of his diocese or archdeaconry, and at such visitations may admit churchwardens, receive presentments, and do all other Acts, matters, and things by custom appertaining to the visitations of bishops and archdeacons in the places assigned to their respective jurisdiction and authority under or by virtue of the provisions of the said first or secondly recited act; and any bishop may consecrate any new church or chapel or any new
burial ground within his diocese. Construction 29. And for the purpose of removing all doubts respecting of the Terms the meaning of the terms “real estates “ lands” and “lands, “ Lands, &c. tenements, and hereditaments,” be it declared and enacted, That
the said terms, wherever they occur, either in the recital or in the enactments of either of the said recited acts, or in any scheme, or any order of Her Majesty in council, prepared and issued under the authority of those Acts or either of them, shall respectively be construed to include and comprehend lands, tithes, tenements, and other hereditaments, except any right of ecclesiastical patronage; and that the said first-mentioned terms, and also the term "lands, tithes, tenements, or other hereditaments,” in any part of either of the said recited Acts or in this Act or in any such scheme or order in council contained, shall be construed to apply and extend to lands, tithes, tenements, and other hereditaments,
as well in reversion as in possession, and to any leasehold interest Provisions of therein; and that the term “ tithes” in either of the said Acts Tithe Com
or in this Act contained shall extend to and comprehend rentsmutation Acts extended to
charges allotted or assigned in lieu of tithes; and the ecclesiastical Commis commissioners for England shall, in respect of all lands, tithes, sioners. tenements, or other hereditaments, endowments, or emoluments,
already vested or liable to be vested in them by or under the provisions of either of the said Acts or of this Act, be deemed to be the owners or joint owners thereof respectively, as the case may be, for all the purposes of an Act passed in the seventh
year of the reign of His late Majesty King William the fourth, 6 & 7 W. 4, intituled An Act for the Commutation of Tithes in England and c. 71.
Wales, and of the several Acts to explain and amend the same. Powers of
30. And be it enacted, That all the powers and authorities vested 6 & 7 W. 4, in Her Majesty in council and in the ecclesiastical commissioners c. 77, and for England by the two first-recited Acts or either of them with 3 & 4 Vict.
reference to the matters therein respectively contained, and all c. 113, ex
other the provisions of the secondly recited Act relating to schemes tended to this Act.
and orders prepared, made, and issued for the purposes thereof, shall be continued, and extended and apply to Her Majesty in council and to 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 in this Act; and that so much of the said secondly recited Act as enacts that the 4 & 5 VICTORIÆ, CAPs. 39, 40, 41, 42, 43, 44.
said first recited Act and the said secondly recited act shall be construed as if they were one and the same Act shall be repealed. 31. And be it enacted, That this Act may be amended or repealed
Act may be
amended this by an Act to be passed in the present session of parliament.
[21st June, 1841.]
Incumbrances affecting Houses of Industry and Work-
[21st June, 1841.]
of Winterbourne, in the County of Gloucester, into Two
[21st June, 1841.]
One thousand eight hundred and forty-two, and until
[21st June, 1841.)
One thousand eight hundred and forty-two, and from
[21st June, 1841.]
CAP. XLV. An Act to amend an Act passed in the Third and Fourth
Years of the Reign of His late Majesty King William the Fourth, intituled An Act to amend the Laws relating to Sewers.
[21st June, 1841.] WHEREAS an Act was passed in the twenty-third year of the reign of His Majesty King Henry the Eighth, concerning commissions of sewers to be directed into all parts within the then realm of England, including the principality of Wales, in the manner, and according to the form, tenor, and effect in the said Act set forth, and which said Act was made perpetual by an Act passed in the third and fourth years of the reign of His Majesty King Edward the sixth, intituled An Act for the Continuance of the Statute of Sewers, and was amended and altered by an Act passed in the thirteenth year of the reign of Her Majesty Queen Elizabeth, intituled An Act for the Commission of Sewers, and was also amended by an Act passed in the third and fourth years of His late Majesty King William the Fourth, intituled An Act to amend the laws relating to Sewers : And whereas by the last-recited Act certain payments and recompences to clerks and other persons employed by the court, and also to witnesses, and also certain costs, charges, and expences to be incurred in surveying, measuring, planning, and valuing any lands and hereditaments, or otherwise preparatory to or in or about the making, collecting, and expending certain taxes, rates, and scots to be raised under or by virtue of the said recited Acts, or any or either of them, or the hearing of objections to such taxes, rates, or scots, or in or about the carrying on of any litigation or controversy arising out of the duties imposed on the courts of sewers by virtue of the said recited Acts, and for the payment of all other necessary allowances, charges, and expences of putting the said several recited Acts into execution, and the contingent expences of working the commission of sewers, are authorized and directed to be paid and allowed out of the said taxes, rates, and scots, but the powers in some cases are not found sufficient to make, assess, or levy any taxes, rates, or scots .which could or might be applied to the several purposes aforesaid, or any of them; and it is expedient that sufficient power should be given to the courts of sewers for that purpose : May it therefore please your Majesty that it may be enacted; and 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 it shall be lawful for any court of sewers, for all or any of the purposes aforesaid, but for no other purpose whatsoever, from time to time, as often as occasion shall require, to tax in the gross, in each parish, township, or place, such lands and hereditaments which heretofore have been or hereafter shall be within or partly within the jurisdiction of such court, but so
23 H, 8, c. 5.
3 & 4 Ed. 6,
13 Eliz. c. 9.
3 & 4 W. 4,
Courts of Sewers empowered to
that such lands and hereditaments shall contribute thereto in proportion to the benefit and advantage received, or capable to be received, from the said court, as compared with the lands and hereditaments of the other parishes, townships, or places within such jurisdiction, which said tax shall be denominated the general sewers tax, and shall be recovered and recoverable by distress and sale, in like manner and by all such ways and means as any fine or amerciament imposed on a parish or township by a court of sewers is now by law recoverable ; but no distress for such general sewers tax shall be replevied by any sheriff, under sheriff, judge, or court of law or equity whatsoever.
2. And be it enacted, That it shall and may be lawful for any Courts of court of sewers to direct and authorize any surveyor or other per- Sewers may son to apportion such general tax among the occupiers of the lands order the Apand hereditaments in each such parish, township, or place which
and Collection heretofore have been or hereafter shall be within or partly within of the Tax. the jurisdiction of such court of sewers, in such proportions and upon such individuals as of right ought to pay the same; and such tax, when so apportioned, shall be collected by some person as shall be appointed by the court for that purpose, and shall be by such person paid over to the treasurer of or other officer appointed by the commissioners of sewers at such time as the court of sewers shall direct : Provided that every occupier upon whom such general sewers rate shall be apportioned shall have notice in writing of such apportionment ten days at the least before the next court of sewers to be held within the limits in which the lands and hereditaments to be taxed shall be.
3. And be it enacted, That in case no complaint shall be made General Sewers against such general or apportioned sewers tax at the court of Tax and Apsewers held next after the expiration of ten days after such notice portionment
to be final, if of apportionment shall be made as aforesaid, such general sewers not comrate, and such apportionment thereof, shall respectively be final plained against and conclusive on all parties whomsoever; but in case of any com- at the next plaint of inequality or non-liability to pay the said general sewers Court. rate, or such apportionment thereof respectively, the commissioners shall at such court, or at some adjournment thereof, or at some subsequent court, proceed to investigate the same, by the examination of such witnesses as the parties interested therein shall shall produce, or by the examination of such other witnesses as to the said court shall seem right; and the decision of such court as regards such general sewers rate and apportionment thereof respectively shall be final; and such apportioned rate shall be recoverable by distress and sale of the effects of the persons respectively rated, by warrant under the hands and seals of six of the commissioners of sewers, but no distress for such apportioned rate shall be replevied by any sheriff, under sheriff, judge, or court of law or equity whatever; nevertheless the court of sewers shall be empowered to direct any feigned issue, appeal, or action at law, to try any dispute which may arise as to the inequality, or nonliability of any person to pay the said general sewers tax, or the