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CAP. XLVI.

An Act to continue certain Acts relating to Linen,
Hempen, and other Manufactures in Ireland.

[24th July 1854.]

: WHEREAS an Act was passed in the Session of Parlia

ment held in the Fifth and Sixth Years of the Reign

' of His Majesty King William the Fourth, intituled An Act to 5 & 6 W. 4. 'continue and amend certain Regulations for the Linen and c. 27.

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Hempen Manufactures in Ireland: And whereas an Act was 'passed in the Session of Parliament held in the Third and

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'Fourth Years of Her present Majesty, intituled An Act for the 3 & 4 Vict.

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more effectual Prevention of Frauds and Abuses committed by Weavers, Sewers, and other Persons employed in the Linen, Hempen, Union, Cotton, Silk, and Woollen Manufactures in Ireland, and for the better Payment of their Wages, for One Year, and from thence to the End of the then next Session of "Parliament: And whereas an Act was passed in the Session ' of Parliament held in the Fifth and Sixth Years of the Reign

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c. 91.

' of Her present Majesty, intituled An Act to amend, and continue 5 & 6 Vict.

to the Twenty-seventh Day of July One thousand eight hundred c. 68.

' and forty-three, and to the End of the next Session of Parliament,

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an Act of the Third and Fourth Years of Her present Majesty, for the more effectual Prevention of Frauds and Abuses com'mitted by Weavers, Sewers, and other Persons employed in the ‹ Linen, Hempen, Union, Cotton, Silk, and Woollen Manufactures in Ireland, and for the better Payment of their Wages: And whereas an Act was passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of 'Her present Majesty, intituled An Act to amend, and continue 7 & 8 Vict. " for Five Years, and to the End of the next Session of Parliament, c. 47. "certain Acts relating to Linen, Hempen, and other Manufactures 'in Ireland: And whereas an Act was passed in the Session of "Parliament holden in the Thirteenth and Fourteenth Years of 13 & 14 Vict. 'Her present Majesty's Reign, Chapter Forty-eight, whereby c. 48. the said herein-before recited Acts were continued as therein mentioned: And whereas an Act was passed in the Session

' of Parliament holden in the Fifteenth and Sixteenth Years of 15 & 16 Vict. 'Her present Majesty's Reign, Chapter Thirteen, whereby the c. 13. 'said herein-before recited Acts were further continued as

⚫ therein mentioned: And whereas an Act was passed in the

Session of Parliament holden in the Sixteenth and Seventeenth 16 & 17 Vict. Years of Her present Majesty, Chapter One hundred and three, c. 103. whereby the said herein-before recited Acts were further con

tinued as therein mentioned: And whereas it is expedient that ⚫ the first herein-before recited Act, and the secondly and thirdly and fourthly herein-before recited Acts, should be further • continued subject to the respective Amendments thereof:' Be it therefore enacted by the Queen's most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and [No. 19. Price 2d.] Temporal,

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Acts.

17 & 18 VICT Temporal, and Commons, in this present Parliament assembled, Continuation of and by the Authority of the same, That the said first hereinbefore recited Act, except as to such Parts thereof as have been repealed by the said secondly herein-before recited Act, and subject to the Amendments thereof in the said subsequent recited Acts contained, and the said secondly and thirdly and fourthly herein-before recited Acts, subject to the respective Amendments thereof, shall be further continued and shall be and remain in force from the passing of this Act for Five Years.

Power to Ecclesiastical Courts

to summon and examine Wit

nesses vivâ voce.

Inclosures to be proceeded with.

Short Title.

CAP. XLVII.

An Act to alter and improve the mode of taking Evidence
in the Ecclesiastical Courts of England and Wales.
[24th July 1854.]

BE E 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 in any Suit or Pro-
ceeding depending in any Ecclesiastical Court in England or
Wales the Court (if it shall think fit) may summon before it and
examine or cause to be examined Witnesses by Word of Mouth,
and either before or after Examination by Deposition or Affidavit;
and Notes of such Evidence shall be taken down in Writing
by the Judge or Registrar, or by such other Person or Persons,
and in such Manner, as the Judge of the Court shall direct.

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CAP. XLVIII.

An Act to authorize the Inclosure of certain Lands in pursuance of a Special Report of the Inclosure Commissioners for England and Wales. [24th July 1854.]

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WHEREAS the Inclosure Commissioners for England and Wales have, in pursuance of" The Acts for the Inclosure, Exchange, and Improvement of Land," issued their Provisional Orders for and concerning the proposed Inclosures mentioned in the Schedule to this Act, and the requisite Consents thereto have been given: And whereas the said Commissioners have by a Special Report certified their Opinion that such proposed Inclosures would be expedient; but the same cannot be pro'ceeded with without the previous Authority of Parliament:' 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,

I. That the said several proposed Inclosures mentioned in the Schedule to this Act be proceeded with.

II. In citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient to use either the Expres

sion "The Second Annual Inclosure Act, 1854," or "The Acts for the Inclosure, Exchange, and Improvement of Land."

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An Act for the Settlement of Claims upon and over the
New Forest.

[24th July 1854.]
WHEREAS under the Provisions of the Act Fourteenth

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and Fifteenth Victoria, Chapter Seventy-six, "to 14 & 15 Vict. extinguish the Right of the Crown to Deer in the New c. 76. Forest, and to give Compensation in lieu thereof, and for other Purposes relating to the said Forest," as amended by the 'Ninth Section of the Act Fifteenth and Sixteenth Victoria, Chapter Sixty-two, and by the Act Sixteenth Victoria, Chapter 'Nineteen, certain Claims of Common and other Rights in and ' over the said Forest, exceeding One thousand and two hundred ' in Number, have been preferred and delivered to the Verderers of the said Forest: And whereas, in pursuance of the Provisions ' of the said Acts, certain of the said Claims have been objected 'to: And whereas the Validity or Invalidity of large Classes of 'the said Claims depends on the Settlement of certain disputed 'Points as to the Existence or Nature of the Rights preferred by such Claims, and it is expedient that Commissioners should be appointed for the Purpose of deciding on the Claims in manner herein-after mentioned, and to make Provision for the speedy Trial of certain of the said Claims before the whole • Objections

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Appointment of Commissioners.

Power to fill up
Vacancies in

case of Death,

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17 & 18 VICT. Objections shall be delivered, to afford an Opportunity to Claimants to withdraw their Claims and prefer amended Claims in lieu thereof, and to make such other Provisions with regard to Claims and Objections, and the hearing and determining the same, as herein-after provided:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

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I. The Judge of the County Court of Southampton, and Two Persons, being Barristers-at-Law, to be appointed in Writing by the Lord Chief Justice of Her Majesty's Court of Queen's Bench at Westminster, within Two Months from the passing of this Act, (and herein-after designated as "The Commissioners") shall be the Commissioners for the Purposes of this Act.

II. In case of the Death, Resignation, or Removal of any of the Commissioners appointed by the Chief Justice, other Com&c. of Commis- missioners shall in like Manner be from Time to Time appointed in their Places by the Chief Justice aforesaid.

sioners.

Commissioners

to make Decla

ration before

acting.

Payment of

III. Every Commissioner shall, before he enters upon the
Execution of his Office, make and subscribe the following
Declaration before One of the Judges of Her Majesty's Court of
Queen's Bench or Common Pleas, or One of the Barons of the
Court of Exchequer; that is to say,

:I
DO solemnly declare, That I will faithfully and impartially,
according to the best of my Judgment, execute the Powers
and Duties of a Commissioner under an Act passed in the
'Session of Parliament holden in the Seventeenth
Eighteenth Years of the Reign of Queen Victoria, intituled
"An Act [here set forth the Title of this Act]:""

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and

And every such Declaration shall, when made, be deposited in the Office of Land Revenue Records and Inrolments.

IV. Every Commissioner shall (out of the Fund herein-after Commissioners. directed to be raised) be paid for his Services such a Sum as the Commissioners of Her Majesty's Treasury shall direct.

Commissioners to hear and determine Clains.

Decisions of

Commissioners to be final;

Provision in

V. The Commissioners shall hear and determine all Claims to Common and other Rights in and over the said Forest, made either in pursuance of the said Acts or this Act, in manner after mentioned; and, subject as after mentioned, their Decision in the Premises shall be final, and bind all Parties and Rights whatsoever; and all Claims not objected to shall be allowed by the said Commissioners.

VI. All Acts and Decisions of any Two of the Commissioners any Two of the shall be taken as the Acts of the Commissioners: except that in case they shall differ in Opinion on any Point of Law brought before them affecting any Claim, they shall, on the Application of case they differ. the Party objecting, or of the Party claiming, prepare a Case to be submitted to Her Majesty's Court of Common Pleas, to be argued before and decided on by the said Court, and the Judgment and Determination of such Court shall be taken as the Judgment of the Commissioners.

VII. The

VII. The Commissioners may allow or disallow any Claim, Power to allow, in whole or in part, and may amend any Claim in whole or in disallow, or part.

amend Claims.

Rules as to

VIII. The Commissioners may from Time to Time make Commissioners such Rules and Orders as to their Mode of proceeding (not may make inconsistent with the Provisions of this Act) as they may their Proceedthink fit. ings.

Costs.

IX. The Commissioners, if they shall think fit, may direct Commissioners and award that any Party claiming shall pay Costs to the Party may award objecting, or that the Party objecting shall pay Costs to the Party claiming.

X. Any Costs so awarded may be recovered in the County Costs may be Court of Wiltshire held at Salisbury as a Debt due to the Party recovered in to whom they are directed to be paid; and the Certificate under County Court. the Hand of any One of the Commissioners shall be Evidence of the Fact of such Costs having been awarded, and such Certificate shall state the Names of the Party directed to pay Costs, and the Amount thereof, and the Party to whom the same shall be paid.

All Rights to go &c. with Lands which they are in respect of

claimed.

XI. All Rights of Common claimed and allowed shall go and be held with the Lands or Hereditaments in respect of which the same are claimed and allowed, and as appurtenant thereto. XII. The Commissioners shall hold Meetings for the Purposes Commissioners of this Act at such Times as they may think fit, and at such to hold MeetPlace or Places in or in the Vicinity of the said Forest as shall ings for the Purposes of appear to them most convenient, of which Meetings Notice shall this Act. be given by Advertisement in some Newspaper usually published or circulated in the County of Southampton, and otherwise as the Commissioners may direct, such Notice to be given at least Twenty-eight Days before the holding of any such Meeting; and any such Meeting may be continued by Adjournment, either from Day to Day, or otherwise, as the Commissioners may think fit.

of Claims and

XIII. At the Time of giving Notice the Commissioners shall Commissioners prepare a List showing what particular Claims and Objections to publish List are to be heard, which List shall also, in like Manner, be Objections to advertised Twenty-eight Days at least before the holding of any be heard. such Meeting.

Questions

XIV. The Commissioners shall, by the Examination of Commissioners Witnesses, the Inspection of Maps, Records, and Documents, to decide on and by such other Means as they in their sole Discretion shall arising on think fit, decide the several Questions arising on the said Claims, Claims. such Decisions to be reduced into Writing, and signed by the Commissioners or any Two of them.

tion of Clerk.

XV. The Clerk for the Time being of the Verderers shall be Appointment the Clerk of the Commissioners, and shall have such Remune- and Remuneraration as the Commissioners of Her Majesty's Treasury shall direct; and all the Expenses of the Commissioners relating to the carrying this Act into effect which shall be allowed by

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