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S. 9. The treasury or commissioners of customs may release persons committed under this act.
S. 10. Informations before justices, convictions, and warrants of commitment, shall be drawn in the form or to the effect in the schedule of this act.
Si. 11. None of his Majesty's subjects may hoist in their vessels the Union Jack, or any pendants, &c. usually worn in his Majesty's ships, and prohibited to be worn by Proclamation of January 1, 1801, under a penalty of £500 to be recovered in the Admiralty Courts, or Courts of King's Bench or Exchequer, at the suit of the Attorney General.
S. lfi. This act may be altered this session.
SCHEDULE TO WHICH THIS ACT REFERS.
Form of Information.
County of , ) Be it remembered, that on the day of
to wit. $ , in the year of our Lord , A. B.,
officer of customs, gives us and , two
of his Majesty's justices of the peace in and for , to
understand arid be informed, that C. D., on the day of ,
in the year of our Lord , [here stale the offence as in the Act
of Parliament,'] contrary to the form of the statute in that case made and provided.
Form of Conviction.
County of , ) Be it remembered, that on the day of
to wit. > , in the year of our Lord , an
information was exhibited by A. B., officer of customs, before us
and , two of his Majesty's justices of the peace
in and for , against C. D., which said information
charged that the said C. D., on the day of , in the
year of our Lord , [here state the offence, as in the
information,'] contrary to the form of the statute; which offence [ " has been duly proved before us the said justices," or "the party has confessed himself to be guilty of," as the case may be]: We do therefore convict the said C. D. of the said offence, and do adjudge that the said C. D. [here insert the adjudication of the justices.']
Given under our hands and seals, the day of
Form of Warrant of Commitment.
County of , J To A. B., officer of customs, and to E. F., the
to wit. J gaoler or keeper of the at
Whereas C. D. has been duly convicted before us and , two of his Majesty's justices of the peace in and for of having [stale the offence, as in the information]: And whereas we the said justices did adjudge that the said C. D. should for his said offence
: These are therefore to require you the said A. B. forthwith to take, carry, and convey the said C.D. to the at , in the , and deliver
him into the custody of the gaoler or keeper of the said; And we the said justices do hereby authorize and require you the said E. F., t'le gaoler or keeper of the said , to receive and take the
said C. D. into your custody, and to [insert the punishment according to the conviction.]
Given under our hands and seals, at , the day of
Cap. 14.—An Act to repeal so much of several Acts as authorizes the issuing any Sums of Money out of the Consolidated Fund for the Encouragement of the raising or dressing Hemp or Flax.
[22d May, 1834.]
Cap. 15.—An Act to regulate the Office of the Receipt of his Majesty's Exchequer at Westminster. . [22d May, 1834.]
Cap. 16.—An Act to abolish the Office of Recorder of the Great Roll, cr Clerk of the Pipe in the Exchequer of Scotland. [22d May, 1834.]
Cap. 17.—An Act to indemnify Witnesses who may give Evidence before the Lords Spiritual and Temporal, on a Bill for preventing Bribery and Corruption and illegal practices in the Election of Members to serve in Parliament for the Borough of Warwick. [22d May, 1834.]
Cap. 18.—An Act to indemnify Witnesses who may give Evidence before the Lords Spiritual and Temporal, on a Bill to exclude the Freemen of Liverpool from voting at the Election of Members of Parliament for that borough. [22d May, 1834.]
Cap. 19.—An Act to repeal certain Duties on Inhabited Dwelling-houses.
[16th June, 1834.]
S. 1. Duties imposed by the 48 G. 3, c. 55, and 3 & 4 W. 4, c. 39, x>n inhabited dwelling-houses, repealed from April 5th, 1834. • -' . ... , • •
S. 2. Where contracts for composition include the said duties, the commissioners of assessed taxes are to reduce the compositions accordingly.
S. 3. Qualifications conferred by payment of the said duties to remain with the occupiers of houses of the rent or value specified in the recited acts.
Cap. 20.—An Act to explain and amend an Act passed in the Thirty-third Year of his late Majesty King George the Second, to regulate the Conveyance and Sale of Fish at first hand. [16th June, 1834.]
Cap. 21.—An Act for amending certain provisions of an Act of the Thirtysixth of George the Third, for regulating the buying and selling of Hay and Straw. [16th June, 1834.]
Cap. 22.—An Act to amend an Act of the Eleventh Year of King George the Second, respecting the Apportionment of Rents, Annuities, and other Periodical Payments. [16th June, 1834.]
S. 1. To remove doubts arising on the construction of the statute 11 G. 2, c. 19, and to provide remedies in other cases recited, it is enacted, that rents reserved and payable on any demise of lands, tenements, or hereditaments which have been or shall be made, and which demises determined or shall determine on the death of the person making the same, (although such person was not strictly tenant for life,) or on the death of the life or lives for which such person was entitled to such hereditaments, shall, so far as respects the rents reserved, and the recovery of a proportion thereof by the person granting the same, his or her executors or administrators, be considered as within the provisions of the said recited act.
S. 2. All rents service reserved, or any lease by a tenant in fee or for life, or granted under a power, and all rents-charge and other rents, annuities, pensions, dividends, moduses, compositions, and all other paymerits of every description made payable at fixed periods, under any instrument executed, or being a will, coming into operation after this act shall be apportioned, so that the person interested, his executors, administrators, or ass'gns, shall be entitled to a proportion from the last period of payment, but subject to all just deductions; persons so entitled to have the same remedies for recovering such apportioned parts, when the entire portion shall become due, as they would have had for recovering the entire rents, but so that the persons liable to pay rents reserved shall not be resorted to for the apportioned parts specifically, but the entire rents shall be received or recovered by the persons who, if this act had not passed, would have been entitled to the whole; and the portions shall be recovered from them by the parties entitled thereto.
S. 3. This act not to apply to cases where it is expressly stipulated that no apportionment shall take place, or to annual sums made payable in policies of assurance. Cap. 23.—An Act for the Amendment of the Law relative to the Escheat and Forfeiture of Real and Personal Property holden in trust.
[27th June, 1834.]
S. .1. Describes the estates and matters included in the provisions of this act, and fixes the construction of terms used.
S. 2. Where a trustee or mortgagee of land dies seised, without an heir, the Court of Chancery may appoint a person to convey.
S. 3. No land, chattels, or stock, vested in any trustee or mortgagee, or any profits thereof, shall escheat or be forfeited to the crown, or to any corporation, lord of a manor, or other person, by reason of the attainder or conviction of such trustee or mortgagee.
,- S£ 4. The provisions of this act to extend to every case of a trustee having some beneficial interest in the same subject, or some duty as trustee to perform, and also to cases of trust arising or resulting by implication of law or construction of equity.
S. 5. Provided that this act shall not prevent the escheat or forfeiture of the beneficial interest of such trustee or mortgagee.
S. 6. Where, before the passing of this act, any such trustee or mortgagee, either in whole or in part, shall have died without an heir, or been convicted of any offence whereby the said land, chattels or stock have escheated or been forfeited, or become subject to escheat or forfeiture, then in every such case they shall be subject to the control of the Court of Chancery, for the use of the party beneficially interested. Provided that this clause shall not extend to any land, chattels, or stock now vested in any person by virtue of any grant made subsequent to the escheat or forfeiture, or which have been actually vested in possession of the party entitled under the escheat or forfeiture for more than twenty years prior to the passing of this act.
(Made under the Fines and Recoveries' Aei.)
Whereas it has been found expedient to make alterations in the General Rules made in Michaelmas Term last by this Court, for the purpose of carrying into effect the statute passed in the 3rd and 4th years of the reign of his present Majesty, cap. 74, intituled, " An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple modes of Assurance."
And whereas it is necessary to make orders touching the amount of the reasonable fees and charges to be taken by the several persons appointed to carry the powers of the said act into execution; and it will be convenient that all the orders and regulations made by the Court under the said act should be contained in the same rale:—
Now it is hereby ordered, that the said General Rules be, and the same are hereby revoked: Provided that this present rule shall not be construed in any respect to invalidate any proceedings which before the first day of March next ensuing shall have been taken, pursuant to the direction of the said rules of Michaelmas Term last.
And it is hereby further ordered, that where any acknowledgment shall be made by any married woman of any deed under and by virtue of the said act, before commissioners appointed under the said act, one at least of the said commissioners shall be a person who is not in any manner interested in the transaction giving occasion for such acknowledgment, or concerned therein, as attorney, solicitor, or agent, or as clerk to any attorney, solicitor, or agent, so interested or concerned.
And it is further ordered, that, before the commissioners shall receive such acknowledgment, they, or in case one of them shall be interested or concerned as aforesaid, then such one of them as shall not be so interested or concerned, do inquire of every married woman separately, and apart from her husband, and from the attorney or solicitor concerned in the transaction, whether she intends to give up her interest in the estate to be passed by such deed, without having any provision made for her in lieu of, or in return for, or in consequence of her so giving up such interest; and where such married woman, in answer to such inquiry, shall declare that she intends to give up such her interest without any provision, and the said commissioners shall have no reason to doubt the truth of such declaration, and shall verily believe the same to be true, then they shall proceed to receive the said acknowledgment; but, if it shall appear to them, or to such one of them as aforesaid, that it is intended that provision is to be made for any such married woman, then the commissioners shall not take her acknowledgment until they are satisfied that such provision has been actually made, by some deed or writing produced to them, or if such provision shall not have been actually made before, then the commissioners shall require the terms of such intended provision to be shortly reduced into writing, and shall verify the same by their signatures in the margin, at the foot, or at the back thereof.
And it is hereby further ordered, that the affidavit verifying the certificate to be made pursuant to the said act, and which certificate shall be in the form contained in the said act, shall [except in such cases where the acknowledgment shall be taken elsewhere than in England, Wales, or Berwick-upon-Tweed,] be made by some practising attorney or solicitor of one of the Courts at Westminster, or of one of the counties palatine of Lancaster or Durham, and that in all cases it shall be deposed, in addition to the verification of the said certificate, that the deponent, for if more than one person join in the affidavit], that one or more of the deponents knew the person or persons making such acknowledgment: and that, at the time of making such acknowledgment, the person or persons making the same was or were of full age and competent understanding: and that one at least of the commissioners taking such acknowledgment, to the best of his deponent's knowledge or belief, is not in any manner interested in the transaction giving occasion for the taking of such acknowledgment, or concerned therein, as attorney, solicitor, or agent, or as cleric to any attorney, solicitor, or agent, so interested or concerned; and that the names and residences of the said commissioners, and also the place or places where such acknowledgment or acknowledgments shall be taken, shall be set forth in such affidavit: And that previously to such acknowledgment being taken, the deponent had inquired of such married woman, [or, if more than one, of each of such married women,] whether she intended to give up her interest in the estate to l,e passed; and also the answer given thereto; and where any such married woman, in answer to such inquiry, shall declare that she intends to give up her interest without any provision, the depom nt shall state that he has no reason to doubt the truth of such declaration, and he verily believes the same to be true. And where any provision has been agreed to be made, the deponent shall state that the same has been made by deed or writing, or, if not actually made before, that the terms of the intended provision have been reduced into writing, which deed or writing he verily believes has been produced to the said Judge, [Waster, or Commissioners.]
And it is hereby further ordered, that the affidavit shall state the parish or several parishes, or place or several places, and the county or counties in which the several premises wherein any such married woman shall appear to be interested, shall by deed be described to be situate.
And it is hereby further ordered, that the affidavit shall be in the form hereunto annexed, subject to such variations as the circumstances of the case shall render, necessary, or such affidavit may be made, where it is found convenient, by one of the said commissioners, with such variation in the form thereof as shall be necessary in that behalf.
And it is hereby further ordered, that the certificates and affidavits verifying the same shall, within one month from the making the acknowledgment, be delivered to the proper officer appointed under the said act; and that the officer shall not after that time receive the same without the direction of the Court or a Judge.
And it is hereby further ordered, that the fees or charges to be paid for the copies to be delivered by the clerks of the peace, or their deputies, or by the officer of the said Court, and for taking acknowledgments of deeds, and for examining married women, and for the proceedings, matters, and things required by the said act to be had, done, and executed, for completing and giving effect to such acknowledgments and examinations, shall be as follows:—
£. s. d.
To a Judge or Master for taking the acknowledgment of every married woman, of which 7s. 6J. will be paid in the case of a Judge to his clerk, and the residue thereof will be paid over to the Treasury, and, in the case of a Master, the whole will be paid over to the Treasury, or the fee fund account of the Court of Chancery 16 8
To the two perpetual commissioners for taking the acknowledgment of every married woman, when not required to go further than a mile from their residence, being 13s. Ad. lor each commissioner .. ..168
To each commissioner, when required to go more than one mile, but not
exceeding three miles, besides his reasonable travelling expenses ..110'