For the Reco- Proceedings for Arrear. No Opening to made in any Burials in Vaults. Rent or Sums; and in any fuch cafe a new Lift or Schedule of Rents or Sums, and the Pews or Seats upon which the fame are respectively charged, fhall be figned by the Churchwardens, Incumbent, Patron and Bishop respectively, and fliall be depofited with the Deed of Confecration of the Church or Chapel. LXXIX. And be it further enacted, 'That every Perfon or Perfons poffeffed of a Seat or Pew in every fuch Church or Chapel, fhall pay the Rents charged thereon as aforefaid at Two equal Half Yearly Payments, to wit, on the Monday next after the Nativity of our Saviour Christ, and the Nativity of Saint John the Baptift, in every Year; and in cafe the Rent of any fuch Pew or Seat or any Part thereof fhall happen to be behind and unpaid by the Space of Three Months next after the fame fhall become due, and Notice in Writing demanding Payment thereof shall have been given to the Owner or Occupier of fuch Seat or Pew, then the faid Churchwardens for the time being of the Church or Chapel fhall and may either enter upon and hold fuch Seat or Pew, or let the fame to any other Perfon or Perfons, in fuch manner as fuch Churchwardens fhall think proper, until the Rent fo in Arrear, and all Cofts and Charges which fhall have been occafioned by the Nonpayment or in the Recovery thereof, fhall be duly paid and fatisfied; or otherwife to fell the fame Pews or Seats respectively by Public Auction to the best Bidder, and out of the Money thence arifing pay and fatisfy the faid Rent in Arrear, rendering the Overplus (if any), after deducting all reasonable Cofts and Charges occafioned by or in confequence of fuch Rent being in Arrear and in the Recovery thereof, to the Owner or Occupier of fuch Pews or Seats respectively (as the cafe may be); or the faid Churchwardens, at their Discretion, may fue for and recover the faid Rent fo in Arrear by Action of Debt or upon the cafe, for the Use and Occupation of fuch Pew or Seat, to be brought against the Owner or Owners, or any Occupier or Occupiers thereof, in the Name of "The Churchwardens of the Church or Chapel of" [defcribing the Church or Chapel]; and no fuch Action or Suit shall abate by reason of the Death, Removal or going out of Office of any Churchwarden. LXXX. And be it further enacted, That it fhall not be lawful to break up the Pavement, or to open the Soil beneath the fame, within any Church or Chapel to be erected under the Provifions of this Act, for the Purposes of Burial, or to make any Grave in any Cemetery or Churchyard thereunto adjacent or belonging, at any lefs Distance than Twenty Feet from the External Walls of fuch Church or Chapel refpectively: Provided always, that nothing herein contained fhall extend or be conftrued to extend to prevent the Burial of Dead Bodies in any Vault wholly arched with Brick or Stone, which may have been conftructed for fuch Purposes under any Church or Chapel, and to which the only Accefs fhall be by Steps on the Outfide of the external Walls thereof; and if any Burial fhall take place, or any Grave be made, otherwise than is herein provided, the Person or Perfons ordering or caufing the fame to be made fhall for every fuch Offence, on Conviction thereof before any Two of His Majesty's Juftices of the Peace for the County or Place, forfeit and pay the Sum of Fifty Pounds, and in default of Payment thereof the fame fhall and may be levied and recovered, by Warrant under the Hand and Seal of fuch Juftices, by Diftrefs and Sale of the Goods and Chattels of fuch Offender or Offenders, rendering the Overplus (if any) any) to the Owner thereof; of which Penalty one Moiety fhall be given to the Informer, and the other Moiety to the Ufe of the Poor of the Parish. fore Parliament. LXXXI. And be it further enacted, That Accounts fhall annually Accounts to be be laid before both Houses of Parliament, of the Progrefs made by annually laid bethe faid Commiffioners in Execution of the Purposes of this Act, ftating the Number of Churches or Chapels built or building, the Stipends affigned to the Incumbents or Curates thereof, the Money expended, and for what Purposes, and all fuch other Particulars as shall be necessary for explaining the Progress made in carrying the Purposes of this A&t into Execution. LXXXII. And be it further enacted, That the Commiffioners for Commissioners the Execution of this A&t fhall and may receive and fend all Letters may receive and and Packets relating to the Execution of the Powers of this A&t, free fend Letters from the Duty of Postage, provided that fuch Letters and Packets duly directed free of Postage. fhall be directed to "His Majefty's Commiffioners appointed under "the Act for the building and promoting the building of additional “Churches;” and that all fuch Letters and Packets as shall be sent by the faid Commiffioners shall be dated from their faid Office, and fhall be figned on the Outfide of fuch Letters and Packets by fuch Perfon as the faid Commiffioners for the Execution of this A&t fhall appoint, with the Confent of the faid Commiffioners of His Majesty's Treafury, or any Three or more of them, under such Restrictions and Regulations as the faid Commiffioners of His Majesty's Treasury fhall think proper and direct. Limitation of Actions for executing Act, and where to be brought, &c. LXXXIII. And be it further enacted, That no Action or Suit shall be commenced against any Perfon or Ferfons for any Thing done by virtue of or in pursuance of this Act, until Fourteen Days' Notice thereof in Writing fhall have been given to the Secretary for the time being of the said Commiffioners, nor after a fufficient Satisfaction or a Tender thereof hath been made to the Party or Parties aggrieved, nor after Six Calendar Months next after the Fact committed; and fuch Action fhall be brought in the faid Court of Exchequer in England, and fhall be laid in the County of Middlesex, and not elfewhere; and the Defendant or Defendants in fuch Action or Suit fhail and may plead the General Iffue, and give this Act and the fpe- General Iffue. cial Matter in Evidence at any Trial to be had thereupon, and that the fame was done in pursuance and by the Authority of this A&; and if the fame fhall appear to be fo done, or if such Action or Suit shall be brought after the time hereinbefore limited for bringing the fame, or fhall be brought without Fourteen Days' Notice thereof, or fhall be brought in any other County or Place, or after a fufficient Satisfaction made or tendered as aforefaid, that then the Jury fhall find for the Defendant or Defendants; or if the Plaintiff or Plaintiffs fhall become nonfuited, or fuffer a Difcontinuance of his, her or their Action or Actions, or if a Verdict shall pass against the Plaintiff or Plaintiffs, the Defendant or Defendants fhall have Treble Cofts, and Treble Cofls. shall have fuch Remedy for recovering the fame as any Defendant or Defendants hath or have for Cofts of Suit in any other Cafes by Law. LXXXIV. Provided always, and be it further enacted and declared, That neither this Act, nor any thing herein contained, fhall extend to invalidate or avoid any Ecclefiaftical Law or Constitution of the Church of England, or to deftroy any of the Rights or Powers belonging 58 GEO. III. L Provifo for and for Exercise of Ecclefiaftical Jurifdiction. A&t may be altered, &c. in this Seffion. longing to any Bishop of any Diocese, or any Archdeacon, Chancellor or Official. LXXXV. And be it further enacted and declared, That he and they respectively may at all times hereafter vifit, inftitute and exercife Ecclefiaftical Jurifdi&tion in all the Parishes to be erected or divided by virtue or in pursuance of this Act, or in any Part or Place within the fame, as amply as they or any of them may do now therein, and in fuch manner as in any other Parishes or Places within his or their Diocese or Jurifdiction refpectively. LXXXVI. And be it further enacted, That this Act or any of the Provifions thereof may be amended, altered or repealed by any Act or Acts to be paffed in this prefent Seffion of Parliament. W CAP. XLVI. An Act for Relief of Perfons entitled to Entailed Eftates, to be purchased with Truft Monies, in that Part of the United Kingdom called Ireland. [30th May 1818.] HEREAS by the Practice of Courts of Equity in that Part of the United Kingdom called Ireland, in Cafes in which Money under the Controul of fuch Courts is fubject to be laid out in the Purchase of Lands to be limited to Uses capable of being barred by Fine, the faid Courts direct fuch Money to be paid to the Party or Parties who could by Fine bar the Ufes to which fuch • Lands, in cafe the fame had been purchased, would have been ← limited, and do not require or compel the actual Investment of such • Monies in the Purchafe of Lands, notwithstanding other Persons •might take Estates or Interefts therein if the fame were purchased, and be entitled to hold fuch Eftates or Interefts until fuch Fine was actually levied: And whereas nevertheless, where Money under the Controul of the faid Courts is fubject to be invested in the • Purchase of Lands to be limited to Üfes not capable of being barred by Fine, but capable of being barred by Recovery, the said • Courts, according to the Practice thereof, refuse to direct the same to be paid to the Party or Parties who, in cafe fuch Lands had been purchased, could by Recovery have barred all the Uses to which the fame would have been limited, and require and compel • the actual Investment of fuch Monies in a Purchase or Purchases • of fome Lands; and fuch laft mentioned Practice is attended with • great Inconvenience and Expence to the Party or Parties who by a Recovery could bar the Ufes to which fuch Lands are to be limited when purchased, and the Interest and Benefit of others, • who might take Eftates barrable by fuch Recovery when fuffered, is not according to fuch last mentioned Practice materially pro• moted or fecured, and it may therefore be expedient to alter fuch Practice: And whereas it may also be expedient to provide fome fatisfactory and fummary Proceeding, whereby Trustees poffeffed of Money fubject to be laid out in Lands may be required in proper Cafes to pay fuch Money to the Parties entitled, and under this Act to become entitled, to receive the fame :' Be it therefore enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the AuWhere Monies thority of the fame, That from and after the paffing of this Act, are under the 4 in Hands of Truf barred, it shall not be neceffary to have fuch Money actually invested; but Court may upn Petition order it to be paid to Perfons who would be entitled to the Estate as in all Cafes where Money under the Controul of any Court of Equity, Controul of or of or to which any Individuals as Trustees are poffeffed or entitled, Equity, or in the in that Part of the United Kingdom called Ireland, fhall be fubject tees fubject to to be invested in the Purchase of Freehold or Copyhold Hereditaments, be invefted in or both, to be fettled upon any Perfon or Perfons in fuch manner Estates settled fo that it would be competent, in cafe fuch Money had been invested as that the first in the Purchase of Real Estates, for the Perfon or Perfons who Eftates Tail therein may be would be the Tenant or Tenants of the first Eftate or Eftates Tail therein, either alone or together with the Perfon or Perfons who would be the Owner or Owners of the particular preceding Eftate or Estates therein, if any, by Deed, Fine or Commoa Recovery, or any of them, or other lawful Act, in the case of Freehold Hereditaments, or by Surrender and Recovery, or either of them, or other lawful Act, in the cafe of Copyhold Hereditaments, to bar the first Estate or Estates Tail, and the Rights and Interefts of all Perfons in Remainder, it fhall not be neceffary to have fuch Money actually invested in Lands or Hereditaments, in order that fuch Eftates Tail and Remainders over may be fo barred; but that it fhall and may be lawful to and for the High Court of Chancery, or fuch Court of Equity, under the Controul of which fuch Money fhall be, in that Part of the United Kingdom called Ireland, and in the Cafe of Trustees, to and for the faid High Court of Chancery, in a Summary Way, upon Petition of the Perfon or Perfons who would be Tenant or Tenants of the first Estate or firft Eftates Tail, and of the Perfon or Persons who would be the Owner or Owners of the antecedent particular Estate or Eftates (if any) in the Lands and Hereditaments, in case the fame were purchased, fuch Petitioners being Adults, and in case where any of the Parties are or is Femes Covert or a Feme Covert, they or the being firft feparately examined in Court, or upon a Commiffion, and confenting, to order the Monies fubjected to such Trufts to be paid to the Petitioners, or any of them, or to be paid and applied in such manner and for fuch Purposes as the Petitioners shall appoint and the Court fhall approve of. II. And be it further enacted, That in all Cafes where Money fubjected to be laid out in the Purchase of Hereditaments to be fet tled as aforesaid shall happen to be invested in Government or Real or other Securities, all fuch Securities fhall for the Purposes of this A&t be confidered as Money, and fhall and may accordingly be transferred, affigned and difpofed of under an Order of the refpective Courts aforefaid, made in a fummary Way upon the Petition of fuch Perfons, and with fuch Examination and Confent where necessary as afore said, in fuch and the fame manner as Monies fubjected to be laid out in the Purchase of Hereditaments to be fettled as aforefaid are hereinbefore authorized to be paid, applied and difpofed of. CA P. XLVII. An Act to establish Fever Hospitals, and to make other Regu. lations for Relief of the suffering Poor, and for preventing the Increase of Infectious Fevers in Ireland. [30th May 1818.] WHEREAS Fevers of an infectious Nature have for fome time past greatly prevailed among the Poor in feveral Parts of Ireland, whereby the Health and Profperity of the whole Country L 2 • have herein mentioned. Securities con- Money, and may Order of the refpective Courts. A Corporation have been confiderably endangered; and it is expedient that Hofpitals fhould be established for the Relief of Sufferers in fuch Cafes, and that Regulations fhould be made to prevent, as effectually as poffible, the Increase of Infection, as well at prefent as on future Occafions; and fuch good Purposes are most likely to be promoted by creating Corporations in every County at large, and every County of a City or County of a Town in Ireland, who may execute the Powers and Trufts hereinafter particularly expreffed:' Be it therefore enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this present Parliament affembled, and by the Authority of the fame, That from and after the paffing of this A&t there shall be, and One Body Politic and Corporate is hereby created and erected in every County, and in every County of a City, and in every County of a Town in Ireland; which fhall confift, in every fuch County, of the Archbishop or Bishop whofe Diocese or any Part of whofe Diocese Establishment of fhall extend into fuch County, of the Representatives in Parliament Fever Hofpitals. for fuch County, of all the Juftices of the Peace commiffioned and acting as fuch in fuch County; and in every County of a City or County of a Town, fuch Corporation fhall confift alfo of the Chief Magiftrate, Sheriffs and Recorder of fuch County of a City or Town, likewife of the Representative or Reprefentatives in Parliament (if any), and of the Juftices of the Peace for fuch County of a City or Town, all for the time being, and also of fuch Perfons as are hereinafter mentioned; which Corporation fhall be called by the Name of “The Prefident and Affiftants of the Fever Hofpital for [ created in every County, or County of a City or Town in Ireland, for the Chairman appointed. ]," applying to every of them the Name of its proper County, City or Town; and all the faid Corporations fhall have perpetual Duration and Succeffion, and may fue and be fued in all Courts of Justice by thofe Names refpectively, and shall have a Common Seal, and fhall meet at and adjourn to fuch times and Places within their Counties, Cities or Towns respectively, as they shall think fit; fave only that the faid Corporations fhall meet, and they are hereby required refpectively to meet, for the First time, for the County of the City of Dublin, on the First Day of July next after the paffing of this Act, at the Seffions House of the said City, and for the feveral other Counties, Cities and Towns in Ireland, on the Day (or, at their Election, on the Day next after the Day) when the Judges who fhall hold the Summer Affizes next after the paffing of this Act, in and for the several Counties, or either of fuch Judges, fhall depart from the Town or Place where the Affizes fhall be held, at the Hall or Seffion House respectively where the Judges fhall have fat for the Business of the Affizes; and at the First and every future Meeting of the faid Corporations refpectively, the Archbishop or Bifhop, if present when the faid Corporations or Quorums of them refpectively fhall affemble, shall take the Chair, fhall put every Question, declare the Majority of Votes, and do all the Duties of President or Head of the Corporation for that Meeting; but if the Archbishop or Bishop shall not be prefent when the faid Corporations refpectively fhall firft affemble, the Representative in Parliament for that County, County of a City or County of a Town, who fhall firft come on that Day to the Place of Meeting, if both fhall attend, and if not, the Representative in Parliament for that County, County of a City or County of a Town, who fhall be prefent when the faid Corporations. or |
