Thursday, July 28, Mr. Mackinnon gave notice of motion in committee on the Bankruptcy Bill, for the introduction of a clause that no person beyond seventy years of age should be imprisoned by any decision under that law. BILL IN PROGRESS. A Bill intituled An Act to alter and amend the Practice and Course of Proceeding under Commissions in the nature of Writs De Lunatico Inquirendo. Whereas it is expedient to alter and amend the practice and the course of proceeding under commissions in the nature of writs de lunatico inquirendo; Be it therefore enacted, That it shall be lawful for the Lord Chancellor to appoint two fit and proper persons, being respectively serjeants or barristers at law of not less than ten years' standing at the bar, to be called The Commissioners in Lunacy;" and that in future all commissions in the nature of writs de lunatico inquirendo shall be directed or addressed to such commissioners, or one of them; and that such commissioners shall hold their offices during good behaviour, and shall, jointly and severally, have, perform and execute all the powers, duties, and authorities now had, performed and executed by commissioners named in commissions in the nature of writs de lunatico inquirendo. 2 That every commissioner to be appointed by virtue of this act shall, before he shall be capable of acting in the execufion of any of the powers and authorities given by this act, take the following oath; (that is to say), "I do swear, that I will faithfully, impartially and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me as one of the commissioners in lunacy, and that without faYour or affection, prejudice or malice. "So help me God." And that such oath shall be taken before the Lord Chancellor, in like manner as the usual oaths are administered before the Lord Chancellor to Masters in ordinary of the said Court of Chancery. 3. That it shall and may be lawful for the Lord Chancellor from time to time to order and direct that any of the inquiries and matters connected with the persons and estates of lunatics, asually referred to the Masters in Ordinary of the High Court of Chancery, shall be referred to such commissioners, or one of them; and such commissioners shall, jointly or severally, have, perform and execute all the powers, duties and authorities relating to the said inquiries and matters so to be referred to them as aforesaid, now had, performed and executed by the Masters in Ordinary of the said Court of Chancery, and such other duties for the security and advantage of lunatics and their estates as the Lord Chancellor shall from time to time order and direct. 4. That the said commissioners shall, by virtue of their appointments to be such commissioners as aforesaid, be and become visitors for superintending, inspecting and reporting upon, under the order and direction of the Lord Chancellor, the care and treatment of all persons found idiot, lunatic or of unsound mind by inquisition, jointly with the three visitors appointed under the authority of an act passed in the 3 & Will. 4, [c. 36], and intituled, "An Act to diminish the Inconvenience and Expense of Commissions in the nature of Writs De Lunatico Inquirendo; and to provide for the better Care and Treatment of Idiots, Lanatics and Persons of unsound Mind, found such by Inquisition;" and shall severally have, perform and execute the like powers, duties and authorities as are had, performed and executed by the one of the said visitors, being a barrister. 5. That the commissioners to be appointed by virtue of this act shall execute commissions in the nature of writs de lunatico mquirendo, and shall conduct inquiries connected with lunatics or their estates, and shall perform all other duties to be committed to them by virtue of this act, either separately or together, and at such places, and within such times, and in such manner as the Lord Chancellor shall from time to time order and direct: Provided always, and it is hereby declared, That nothing in this act contained shall be deemed or taken to prevent the Lord Chancellor from issuing any commission in the nature of a writ de lunatico inquirendo, addressed to any fit and proper person or persons, in addition to such commissioners so to be appointed as aforesaid, if he shall, upon any occasion, deem it proper to do so. 6. That upon the death, resignation, or removal from office of any such commissioner as aforesaid, to be appointed under the authority of this act, it shall be lawful for the Lord Chancellor to appoint a fit and proper person, qualified as aforesaid, to supply such vacancy. 7. That it shall and may be lawful for the Lord Chancellor from time to time to make such orders as to him shall seem fit and proper, for regulating the form and mode of proceeding before and by the said commissioners, and the practice in matters in lunacy: Provided always, That a copy of such orders shall be laid before both Houses of Parliament within fourteen days after the same are made, if parliament be then sitting, or if not, within fourteen days after the commencement of the next session of parliament. 8. That it shall and may be lawful for the Lord Chancellor from time to time to make such order or orders as he shall deem fit, for regulating and fixing the number of jurymen who shall be sworn to try inquests on commissions in the nature of writs de lunatico inquirendo; provided that every inquisition on such commissions shall be found by the oaths of twelve men. 9. That from and after the passing of this act, such officers, clerks, and messengers in the office of the said commissioners as the Lord Chancellor and the Lords Commissioners of her Majesty's Treasury shall determine to be necessary and proper, shall and may be from time to time appointed. 10. And whereas by an act passed in the 2 & 3 Will. 4, [c. 111], intituled "An Act to abolish certain Sinecure Offices connected with the Court of Chancery, and to make Provision for the Lord High Chancellor on his Retirement from Office," it was enacted, that (amongst other offices) the office of the clerk of the custodies of lunatics and idiots should cease and determine after the 20th day of August, 1833; provided that nothing in that act contained should be construed to determine any of the aforesaid offices then held in possession or reversion by any person appointed thereto on before the 1st day of June, 1832, until the decease or resignation of such person: And whereas the present clerk of the custodies of idiots and of June, 1832: And whereas by an act passed in the 3 & 4 lunatics held the said office in possession before the said 1st day Will. 4, [c. 84], intituled, "An Act to provide for the Performance of the Duties of certain Offices connected with the Court of Chancery which have been abolished," it was enacted, that from and after the death, resignation, or removal of the person then holding the office of clerk of the custodies of idiots and lunatics, the duties of such office should be performed by the secretary of lunatics, in addition to such other duties fees and emoluments of the said office of clerk of the custodies as such secretary should be required to perform; and that the should be accounted for and paid into the revenue of her Majesty's Exchequer, to be carried to and made part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland: And whereas the said office of clerk of the custodies of idiots and lunatics is productive of unnecessary expense to the estates of idiots, lunatics, and persons of unsound mind, found such by inquisition, and it is fit and desirable that such office and the fees thereof should be abolished as soon as can be; Be it therefore enacted, That it shall be lawful for the Lord Chancellor to order and direct, as soon as he may find it practicable so to do, having regard to the state of the funds hereinafter mentioned, that the said office of clerk of the custodies of idiots and lunatics, and the fees thereof, shall cease and determine, and that the said commissioners or the secretary of lunatics shall thenceforth do and perform any of such acts, deeds, matters and things as have heretofore been done and performed in execution of the duties of the said office of clerk of the custodies; and all such acts to be done by the said commissioners and the secretary of lunatics shall in all respects have the same force and effect as if the same had been done by the clerk of the custodies or his deputy; and that all the records, proceedings, books, papers, and documents in the said office of clerk of the custodies shall thereupon be by him delivered to such person or persons as the Lord Chancellor shall by any order appoint. 11. That it shall be lawful for the Lord Chancellor from time to time to order such fees to be received and taken by the clerks to the commissioners to be appointed under this act, and also such fees to be received and taken by the secretary of lunatics, as the Lord Chancellor shall in either case judge reasonable and proper; and that the said clerks to the commissioners and the secretary of lunatics shall and may thereafter take and receive such fees respectively, and shall pay into the Bank of England, at such times and in such manner and under such regulations as the Lord Chancellor shall from time to time order and direct, all fees or sums of money so received by them, and that the several sums when so paid in shall be placed to the credit of the Accountant-General of the Court of Chancery, to the account intituled "The Suitors' Fee Fund Account." Fund Account," (but subject as aforesaid), by equal quarterly payments, on the 3rd day of February, the 3rd day of May, the 3rd day of August, and the 3rd day of November in every year, to such person or persons, from the period when he or they shall resign his said office, for the term of his life, free from taxes, or proportionate part of the first quarterly payment of such annuity or yearly sum, calculated from the day of the resignation of such person or persons, to be made on the quarterly day of payment which shall first happen after the day of such resignation as aforesaid. 16. That it shall be lawful for any officer or person whose office or appointment may be abolished or affected by virtue of 12. And whereas by an act passed in the 2 & 3 Will. 4, [c. this act, and who may not be appointed to any office under this 122], intituled, "An Act for making further Provision for the act, to make a claim for compensation, within six months after Lord High Chancellor of England, in lieu of Fees heretofore the passing of this act, to the Lord Chancellor and the Lords received by him," it is enacted, (amongst other things), that Commissioners of Her Majesty's Treasury, who shall proceed, the fees and emoluments accruing due and payable as therein in such manner as they may think proper, to inquire whether mentioned for business done in the offices of the clerk of the any compensation ought to be made to any such claimant, and crown, the clerk of the letters patent, the secretary of fines, if any, what were the lawful fees and emoluments in respect of and the purse-bearer to the Lord Chancellor for the time being, which the same should be allowed; and in every case in which shall be paid into the Bank of England, in the name of the Ac- such claim shall be established to the satisfaction of the Lord countant-General of the said court, to an account to be in- Chancellor, and the Lords Commissioners of Her Majesty's tituled, "An Account of Fees formerly payable to the Lord treasury, they are hereby authorized and empowered to fix and Chancellor;" Be it enacted, That all such fees and emolu- determine, by an order under their hands, the amount of the ments now due, and henceforth to accrue due and payable, as annual compensation which shall seem to them to be just and in the said last-mentioned act mentioned, when paid into the reasonable for the loss sustained by such claimant, not being in Bank of England in the name of the Accountant-General of any case, where his office is wholly abolished by this act, less the said court, shall be placed to the account of "The Suitors' than three-fourth parts of the full net annual value of the lawFee Fund Account," instead of the said account, intituled, " An ful fees and emoluments of the office so abolished; and the Account of Fees formerly payable to the Lord Chancellor," amount of the net annual value of the emoluments of such and be applied as part of the fund standing to the credit of the office shall be ascertained and fixed by the Lord Chancellor and said account, intituled, "The Suitors' Fee Fund Account." the Lords Commissioners of Her Majesty's Treasury, accord13. That out of the said fund standing to the credit of the ing to such an average of yearly receipts and disbursements, Accountant-General of the Court of Chancery, intituled, "The prior to the passing of this act, as they shall think proper; and Suitors' Fee Fund Account," there shall be paid (but subject the times when such annual compensations shall commence and and without prejudice to the payment of all salaries and sums also be payable (whether quarterly or otherwise) shall also be of money which by any act or acts now in force are authorized fixed by the Lord Chancellor and the Lords Commissioners of to be paid thereout) by the Governor and Company of the Her Majesty's Treasury; and all the compensations fixed and Bank of England, by virtue of any order or orders of the Court determined as aforesaid shall be issued and paid and payable by of Chancery to be from time to time made for that purpose, to the Governor and Company of the Bank of England, by virtue each of the commissioners for the time being to be appointed of an order or orders for that purpose to be made by the said under this act, the yearly sum or salary of 20007.; such yearly Court of Chancery, out of the said account intituled "The sums or salaries to be payable free from all taxes, deductions Suitors' Fee Fund Account," (but subject and without preju and abatements whatsoever out of the same or any part thereof, dice to the payment of all salaries and sums of money which and to be paid by equal quarterly payments on the 3rd day of by any act or acts now in force are authorized to be paid thereFebruary, the 3rd day of May, the 3rd day of August, and out): Provided nevertheless, That an account of all such comthe 3rd day of November in every year; the first of such pay-pensations shall, within fourteen days next after the same shall ments, or proportionate parts thereof, to be computed from the time of their respective appointments, to be made on such of the same days of payment as shall first happen after the dates of such appointments. 14. That the officers, clerks, and messengers who shall be appointed as hereinbefore directed, and the secretary of lunatics and his clerks, shall receive, by way of salary for the perform. ance of their several duties, such annual sums as the Lord Chancellor and the Lords Commissioners of Her Majesty's Treasury shall from time to time fix and determine; and that the same and such allowances to the said commissioners, for their travelling and other expenses, and to the said commissioners and the secretary of lunatics for providing offices, and for the other expenses incident to the discharge of the duties of their respective offices, as the Lord Chancellor shall think reasonable, and shall from time to time order and direct, shall be paid and payable, at such times and in such manner as the Lord Chancellor shall direct, under an order of the Court of Chancery, out of the said fund intituled "The Suitors' Fee Fund Account." 15. That it shall be lawful for the Lord Chancellor, by any order or orders to be made from time to time on a petition presented to him for that purpose, to order (if he shall so think fit) an annuity or clear yearly sum of money, not exceeding 12007., to be paid out of the said account intituled " "The Suitors' Fee Fund Account," (but subject as aforesaid) to any person or persons executing the said office of a commissioner in lunacy, if and when such person or persons shall be afflicted with some permanent infirmity disabling him from the due execution of his office, and shall be desirous of resigning the same; and the annuity or yearly sum mentioned in such order or orders shall be paid by the Govenor and Company of the Bank of England out of the said fund intituled "The Suitors' Fee be so granted, be laid upon the table of the House of Commons, if parliament shall be then assembled, or if parliament shall not be then assembled, then within fourteen days after the meeting of parliament then next following. 17. That in the construction of this act the words "Lord Chancellor" shall be taken to mean and include also the Lord Keeper or Lords Commissioners for the custody of the Great Seal of the United Kingdom of Great Britain, or other the person or persons for the time being intrusted by virtue of the Queen's sign manual with the care and commitment of the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind; and that all powers hereby given to or vested in the Commissioners of her Majesty's Treasury by this act, may be executed by any three of such commissioners for the time being. 18. That this act may be amended or repealed by any act to be passed in this session of parliament. PUBLIC GENERAL STATUTES. CAP. XXVII. An Act for better enabling Incumbents of Ecclesiastical Bene land called warping is or may be practised) of all or any of the lands comprised in such lease, or for the erection of any new or additional farmhouses, barns, or outhouses, or other farm buildings, which the condition or local situation of the lands to be comprised in such lease may require or render expedient, or for putting in repair any houses, edifices, or buildings to be comprised in any such lease, or for making any substantial improvements on the premises, or for the reservation or payment of any additional rent or rents, or penalty on breach of any of the covenants or agreements contained in any such lease, shall not be deemed or construed to be a fine, foregift, premium, or consideration for the granting of such lease within the meaning of this act: Provided also, that nothing herein contained shall be construed to preclude the lessor in any such lease from covenanting that the lessee shall be entitled to have or take from off the demised premises brick earth, stone, lime, or other materials for the erection or repair of any buildings, or for the construction or repair of drains, or for any other necessary improvements, and sufficient rough timber, to be assigned by the incumbent for the time being, or his agent duly authorized, for any of the purposes aforesaid, and for the making or repair of gates and fences: Provided also, that the custom of the country as to outgoing tenants shall apply to each lease to be granted under this act, except so far as the lease shall contain any express stipulation to the contrary: Provided also, that the term to be granted by any such lease as aforesaid may be twenty years in any case where the lessee shall covenant thereby to adopt and use any mode or system of cultivation more expensive than the usual course, or to drain or subdivide, or embank and warp, at his expense, any part of the demised premises, or to erect, at his own expense, on the said premises, any buildings, or to repair in a more extensive manner and at a greater expense than is usually required of lessees of farms any buildings on the demised premises, or in any other manner to improve, at his expense, the demised premises or any part thereof. posed or intended to be leased are of copyhold or customary tenure, with the consent also of the lord for the time being of the manor of which the same are holden, in any case where the lease proposed to be granted could not according to the custom of the manor be effectually made without the license of the lord, such respective consents to be testified by the persons whose consents are hereby required respectively being parties to and signing and sealing such deeds before the execution thereof by such incumbent, to lease any part of the glebe lands or other lands of or belonging to such benefice, either with or without any farmhouses, cottages, barns, or other agricultural buildings or conveniences, parcel of or belonging to such benefice, to any person whomsoever, for any term of years not exceeding fourteen years, to take effect in possession, and not in reversion or by way of future interest, so that there be reserved on every such lease, payable to the incumbent for the time being of such benefice quarterly in every year, during the continuance of the term thereby granted, the best and most improved yearly rent that can be reasonably gotten for the same, without taking any fine, foregift, premium, or other consideration for granting such lease, and so that no such lessee be made dispunishable for waste by any clause or words to be contained in such lease, and so that the lessee do thereby covenant with the incumbent granting such lease, and his successors, for due payment of the rent thereby to be reserved, and of all taxes, charges, rates, assessments, and impositions whatsoever which shall be payable in respect of the premises thereby leased, and do further covenant with such incumbent and his successors, that he will not assign or underlet the hereditaments comprised in sach lease, or any part thereof, for all or any part of the term thereby granted, without the consent of the bishop of the diocese for the time being and the patron and incumbent for the time being of the said benefice, to be testified by their respectively being parties to and sealing and delivering the deed or instrument by which any assignment or underlease of the same premises, or any part thereof, may be effected; and that he will in all respects cultivate and manage the lands and hereditaments thereby leased according to the most improved 2. That the authority given by this act shall not render valid ystem of husbandry in that part of the country where such any lease to be granted in the manner hereinbefore mentioned, lands and hereditaments are locally situated, so far as such unless the parsonage house or other the house of residence of system may not be inconsistent with any express stipulation to or belonging to the benefice, and all offices, outbuildings, yards, be contained in such lease; and that he will keep, and at the gardens, orchards, and plantations to such parsonage house or end of the term leave, all the lands comprised in such lease, other house of residence adjoining and appurtenant, and which together with the gates, drains, and fences of every description, may be necessary or convenient for actual occupation with such and other fixtures and things thereupon or belonging thereto, parsonage house or other house of residence, and also so much in good and substantial repair and condition; and that he will glebe land or other land of or belonging to the benefice, and at all times during the continuance of the term keep the build- situated the most conveniently for actual occupation by the inings comprised in such lease, or to be erected during the term cumbent, as, together with the site of such parsonage house or upon the lands thereby demised, or on any part thereof, insured other house of residence, offices, and outbuildings, and with against damage by fire, in the joint names of the lessee, his such yards, gardens, orchards, and plantations as aforesaid, executors or administrators, and of the incumbent of the bene- shall amount to ten acres at least, if there shall be ten or more fice for the time being, in three fourths at the least of the value acres of such land situated within five miles from the parsonage thereof; and that he will lay out the money to be received by ten acres so situated, then the whole of such land shall be revirtue of any such insurance, and all such other sums of money as shall be necessary, in substantially rebuilding, repairing, and served out of or not be comprised in such lease, and not be reinstating, under the direction of a surveyor to be for that comprised in any subsisting lease for the time being which shall purpose appointed by the incumbent of such benefice for the have been previously granted under the authority of this act: time being and such lessee, by some writing under their reProvided always, that in any case where the lands comprised spective hands, such messuages or buildings as shall be de- in any lease granted under the authority of this act shall be sistroyed or damaged by fire; and so that there be inserted in tuate five miles or upwards from the parsonage house or other every such lease a reservation for the use of such incumbent the house of residence, or (in case there shall be no parsonage and his successors of all timber trees and trees likely to become house or other house of residence) from the church or chapel timber, and of all saplings and underwoods, and of all mines and of the benefice to which such lands shall belong, the provision minerals, except as is hereinafter provided; and also a power herein contained for the reservation of a stipulated number of of re-entry, in case the rent thereby to be reserved shall be acres of the glebe land or other land of or belonging to the beunpaid for the space of twenty-one days next after the same nefice shall not be applicable. shall become due, or in case the lessee shall be convicted of felony, or shall become a bankrupt, or shall take the benefit of any act or acts of parliament now in force or hereafter to be passed for the relief of insolvent debtors, or shall compound his debts, or assign over his estate and effects for payment thereof, or in case any execution shall issue against him or his effects, or in case such lessee shall not from time to time duly observe and perform all the covenants and agreements on his part in such lease to be contained; and so that the lessee in each such lease do execute the same or a counterpart thereof: Provided always, that any stipulation, covenant, condition, or agreement in any such lease to be contained, on the part of the lessee, for the adoption and use of any particular mode or system of cultivation, or for the drainage or subdividing, or embanking or warping (in those places where the system of improvement of or other the house of residence, or if there shall be less than 3. That whenever any lease is intended to be granted under the authority of this act, a competent land surveyor shall be appointed by the bishop of the diocese and the patron and incumbent of the benefice, by some writing under their respective hands; and such surveyor shall make a map or plan under an actual survey of the lands proposed or intended to be leased, and of the other lands of or belonging to the benefice, or of such part or parts of the said other lands as will sufficiently shew to the bishop of the diocese and the patron of the benefice the relative positions or local situations and quantities of the lands proposed or intended to be leased, and of the lands (if any) intended to be reserved, and as will enable them to form an accurate judgment of the situation and convenience for actual occupation of the lands intended to be reserved; and such surveyor shall certify that the lands intended to be leased, and such buildings and other hereditaments (if any) as are intended to be leased therewith, are proper to be leased to a tenant under the provisions of this act, and (in any case where the provision hereinbefore contained respecting the reservation of a stipulated number of acres may be applicable) that the lands which are intended to remain unlet are such part of the glebe land or other land of or belonging to the benefice as is situated the most conveniently for actual occupation by the incumbent thereof; and such surveyor shall also make a valuation on actual survey of the lands and hereditaments proposed or intended to be leased, and shall report what is the best yearly rent which ought to be reserved upon a lease of such lands and hereditaments under the circumstances under which such lease is proposed or intended to be granted, and shall state the course of husbandry or management of such lands and hereditaments which ought in the opinion of such surveyor to be adopted by the tenant thereof; and in any case where it is proposed that the lease shall contain special covenants on the part of the lessee for the drainage or subdividing, or embanking or warping, of all or any of the lands to be comprised in the lease, or for the erection of any new or additional farmhouses, barns, or outhouses, or other farm buildings, or for putting in repair any houses, edifices, or buildings to be comprised in the lease, or for making any substantial improvement in the premises, such surveyor shall certify that in his opinion the covenants for those purposes are proper covenants to be entered into by the lessee under the circumstances of the case, and he shall state the amount by which the yearly rent to be reserved by the proposed lease ought in his judgment to be diminished in respect or on account of the lessee entering into such covenants; and in any case where it is proposed that the lessee shall be entitled to have or take from off the demised premises brick earth, stones, lime, or other materials, or rough timber, for any of the purposes hereinbefore mentioned, he shall also certify that in his opinion covenants on the part of the lessor for those purposes are proper to be entered into, and that he has taken the matter into his consideration in estimating the amount of rent to be reserved by the proposed lease; and such surveyor shall in all cases also report upon and state such other matters or things (if any) connected with such intended lease, or the lands and hereditaments proposed or intended to be therein comprised, as he shall, by such bishop, patron, and incumbent, or any of them, be directed to report upon; and the map or plan, certificate, valuation, and report of such surveyor, shall be respectively signed by such surveyor, and verified by his declaration to be made before any justice of the peace, and shall, immediately upon the completion thereof, respectively be delivered to the bishop of the diocese: provided always, that in all cases in which there shall be in the possession of the bishop of the diocese, or of the patron or incumbent of any benefice, or of the parish officers of the parish in which such benefice may be comprised, any map or plan made under an actual survey of the parish, or of such part thereof as shall include the lands proposed or intended to be demised, a copy of or an extract from such map or plan may be substituted for the map or plan hereinbefore directed to be made by any such surveyor as afore said. 4. That the receipt in writing of the incumbent by whom any lease shall be granted under the authority of this act, acknowledging that he has received the counterpart, or an attested copy in all cases where there shall be only one part, of such lease, and signed by such incumbent, and indorsed on the lease, shall be conclusive evidence that the counterpart or lease (as the case may be) has been duly executed by the lessee, and also in all cases where there shall be only one part of such lease that the attested copy is a true and faithful transcript of the original lease; and the execution by the bishop and patron, whose consents are hereby made requisite, of any lease to be granted under the authority of this act, shall be conclusive evidence that the lease does not comprise any lands which ought not to be leased under the provisions of this act, and that a proper portion of the glebe land remains unleased, and that the rent reserved by such lease is the best and most improved rent that could be reasonably gotten for the lands and hereditaments comprised therein at the time of granting such lease, and that all the covenants contained in such lease are proper covenants. 5. That no surrender of any lease which shall have been made under the authority of this act shall be valid to any purpose whatsoever, unless the bishop of the diocese and the patron and incumbent of the benefice to which the lands or heredita. ments comprised in such lease shall belong shall respectively be made parties to and execute the deed or instrument by which such surrender shall be made; and every such surrender shall have operation from the time only when such deed or instrument as aforesaid shall have been executed by all the persons whose execution thereof is hereinbefore required. 6. In cases of peculiars belonging to bishops, such bishops to exercise, within their peculiars, the powers given by this act, but with respect to all peculiars belonging to any other person than archbishops or bishops, such powers to be exer cised by the bishop of the diocese within which such peculiars shall be locally situated. 7. That whenever the consent or concurrence of the patron of any benefice, or of the lord for the time being of any manor, is hereby required, and the patron of such benefice, or the lord for the time being of such manor, (as the case may be), shall happen to be a minor, idiot, lunatic, or feme covert, or beyond seas, it shall be lawful for the guardian, committee, husband, or attorney (as the case may be) of such patron or lord (but in the case of a feme covert not being a minor, idiot, or lunatic, or beyond seas, with her consent in writing,) to execute the instrument by which such consent or concurrence is to be testified, in testimony of the consent or concurrence of such patron or lord; and such execution shall, for the purposes of this act, be deemed and taken to be an execution by the patron of the benefice or by the lord of the manor (as the case may be). 8. That in any case in which the consent or concurrence of the patron of any benefice is hereby required, and the patronage of such benefice shall be in the crown, the consent or concur rence of the crown shall be testified in the manner hereinafter mentioned; (that is to say), if such benefice shall be above the yearly value of 201. in the King's books, the instrument by which such consent or concurrence shall be testified shall be executed by the Lord High Treasurer or First Lord Commis sioner of the Treasury for the time being; and if such benefice shall not exceed the yearly value of 207. in the King's books, such instrument shall be executed by the Lord High Chancel lor, or Lord Keeper or Lords Commissioners of the Great Seal, for the time being; and if such benefice shall be within the patronage of the crown in right of the Duchy of Lancaster, such instrument shall be executed by the Chancellor of the said Duchy for the time being; and the execution of such instrument by such person or persons shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice. 9. That in any case in which the consent or concurrence of the patron of any benefice is hereby required, and the right of patronage of such benefice shall be part of the possessions of the Duchy of Cornwall, the consent or concurrence of the patron of such benefice to the exercise of such power shall be tes tified in the manner hereinafter mentioned; (that is to say), the instrument by which such consent or concurrence is to be testified shall, whenever there shall be a Duke of Cornwall, whether he be of full age or otherwise, be under his great ar privy seal, or if there be no Duke of Cornwall, and such benefice shall be in the patronage of the crown in right of the Duchy of Cornwall, such instrument shall be executed by the person or persons who is or are authorized to testify the consent or concurrence of the crown; and such instrument, being so sealed or executed, shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice. 10. That in any case in which the consent or concurrence of the patron of any benefice or of the lord of any manor is hereby required, and the patronage of such benefice, or (as the case may be) the lordship of such manor, shall belong to any dean and chapter, or collegiate or other corporate body having a common seal, the consent or concurrence of such dean and chap ter, or collegiate or other corporate body, shall be testified by the sealing of the instrument by which such consent or concur rence is to be testified with the common seal of such dean and chapter, collegiate or other corporate body. the majority of the persons (if more than two), or the corpora 11. That the person or persons (if not more than two), or tion, who or which would for the time being be entitled to the turn or right of presentation to any benefice if the same were then vacant, shall, for the purposes of this act, be considered to be the patron thereof: Provided nevertheless, that in the case of the patronage being exercised alternately by different patrons, the person or persons (if not more than two), or the majority of the persons (if more than two), or the corporation, who or which would for the time being be entitled to the second turn or right of presentation to any benefice, if the same were then vacant, shall, for the purposes of this act, jointly with the person or persons or corporation entitled to the first turn or right of presentation, be considered to be the patron thereof. 12 That in all cases in which any person shall sustain any more than one of the aforesaid characters of bishop of the diocese, patron, lord of the manor, and incumbent, in respect of any benefice to which the provisions of this act extend, every such person shall or may at any time act in both or all of the characters which he shall so sustain as aforesaid, and execute and do all and every or any of such deeds and acts as are hereby authorized to be executed and done, as effectually as different persons, each sustaining one of those characters, could execute and do the same. shall be produced, at all proper and usual hours, at such registry, to the incumbent of the benefice for the time being, or to the patron of such benefice for the time being, or to any person on their or either of their behalf, applying to inspect the same; and an office copy thereof, respectively certified under the hand of the registrar or his deputy, (and which office copy, so certified, the registrar or his deputy shall in all cases, upon application in that behalf, give to the incumbent for the time being of such benefice), shall in any action against the lessee, and in all other cases, be admitted and allowed in all courts whatsoever as legal evidence of the contents of such lease, or of any such other document, and of the due execution of the counterpart of such lease by the lessee, if there shall be any counterpart, and of the due execution of the lease and of every such other document by the parties who on the face of such office copy shall appear to have executed the same; and every such registrar shall be entitled to the sum of 5s., and no more, for so depositing as aforesaid the documents hereinbefore directed to be deposited, and for certifying the deposit thereof, and the sum of 1s., and no more, for each search and inspection, and the sum of 6d., and no more, over and besides the stamp duty (if any) for each folio of seventy-two words of each office copy so certified as aforesaid. 13. That whenever any lands or hereditaments proposed to be leased under the provisions of this act are or shall be vested in any trustee or trustees, in trust for or for the benefit of any incumbent hereby empowered to grant leases as aforesaid, in such a manner as that the net income or three-fourth parts at the least of the net income of such lands and hereditaments is, are, or shall be payable for the exclusive benefit of such incumbent, all the powers of this act which, in case such lands and hereditaments had been legally vested in such incumbent for the sole and exclusive benefit of such incumbent, might have been exercised by such incumbent in relation to or affecting the sime lands and hereditaments, shall or may be exercised by such incumbent in the same or the like manner as the same might have been exercised by such incumbent in case the same lands and hereditaments were legally vested in such incumbent as aforesaid; but in order to give legal effect to any lease to be executed in relation to any such lands and hereditaments, in pursuance of this act, the trustee or trustees of the premises intended to be affected thereby shall be made a party or parties to such lease (in addition to the other parties whose concurrence is hereby declared to be requisite to any such lease), and shall join in the denise intended to be thereby made; and the trustee or trustees of any such lands or hereditaments is and are hereby directed and required at all times to execute any leese to which he or they may be made a party or parties, with a view to give legal effect to any such lease as aforesaid, as soon as the same may be tendered to him or them for execution, after the same shall have been duly executed by the incumbent beneficially entitled to such premises, and the bishop and patron, whose consents are hereby declared to be requisite to the validity of any lease granted by such incumbent; and the fact that any such lease is executed by the said other parties shall be a sufficient authority for the execution thereof by the trustee or trustees of the same premises, and it shall not at any time afterwards be necessary for such trustee or trustees, or for any other person or persons, to prove that such deed was executed by such other parties, or any of them; prior to the exeestion thereof by such trustee or trustees; provided that no trustee shall by virtue of or under this provision be compellable to execute any lease whereby he shall render himself in any An Act for establishing a Prison at Pentonville. 15. That in the construction and for the purposes of this act the several following words shall have the meanings hereinafter assigned to them respectively (unless there shall be something in the subject or context repugnant to such construction): (that is to say), The word "person" shall be construed to include the Queen's Majesty, and any corporation, aggregate or sole, as well as private individual: The word "lands" shall be construed to include lands of any tenure: The word "benefice" shall be construed to comprehend every rectory, vicarage, perpetual curacy, donative, endowed public chapel, parochial chapelry, and district chapelry, the incumbent of which in right thereof shall be a corporation sole: ap And every word importing the singular number shall extend and be applied to several persons or things as well as one person or thing; and every word importing the plural number shall extend and be applied to one person or thing as well as to several persons or things: And every word importing the masculine gender only shall extend and be applied to a female as well as a male. 16. That this act shall extend only to that part of the United Kingdom called England and Wales, and to the Isle of Man, and to the Islands of Guernsey, Jersey, Alderney, and Sark. CAP. XXVIII. An Act to assimilate the Law in Ireland as to the Punishment CAP. XXIX. CAP. XXX. [18th June, 1842.] An Act to provide Regulations for preparing and using Roasted CAP. XXXI. way hable, further than by a covenant for quiet enjoyment by any lessee against the acts of the trustee executing such deed. 14. That the part of every lease granted under this act, which shall belong to any incumbent, or, in case there shall not be more than one part of any such lease, an attested copy thereof, and every surrender to be made under this act, together with the writing by which a surveyor shall have been pointed as aforesaid, and the map or plan, or copy of or extract from a map or plan, (as the case may be), certificate, valuation, and report hereinbefore directed to be made before the granting of such lease, shall, within six calendar months next after the date of such lease, be deposited in the office of one of the registrars of the diocese wherein such benefice shall be locally situated, to be perpetually kept and preserved therein, except where the benefice shall be under the peculiar jurisdiction of any archbishop or bishop, in which case the several documents before mentioned shall be deposited in the office of the registrar of the peculiar jurisdiction to which such benefice shall be An Act for better recording Fines and Recoveries in Wales subject; and such registrars respectively, or their respective deputies, shall, upon any such deposit being so made, sign and give unto the incumbent a certificate of such deposit; and such lease or attested copy and other documents so to be deposited An Act to indemnify Witnesses who may give Evidence before CAP. XXXII. [18th June, 1842.] and Cheshire. Sect. 1. That all fines levied in the lately abolished courts of great sessions in the principality of Wales, or in the lately abolished court of session of the county palatine |