XXXIII. STAT. 2 & 3 GULIELMI 4, cap. x. A.D. 1832. “An Act for separating the Rectory of Easington, in the County and Diocese of Durham, from the Archdeaconry of Durham, and annexing, in lieu thereof, a Prebend or Canonry founded in the Cathedral Church of Durham." XXXIV. STAT. 2 & 3 GULIELMI 4, cap. xvi. A.D. 1832. "An Act for empowering the Trustees of the Blue-Coat Charity School in Warrington, in the County of Lancaster, to make Sales, and to grant Building and Mining Leases of certain Parts of the Estates belonging to the said Charity, and for other Purposes therein mentioned.” XXXV. STAT. 2 & 3 GULIELMI 4, cap. xix. A.D. 1832. "An Act to enable the Dean and Chapter of Durham to appropriate Part of the Property of their Church to the Establishment of a University in connexion therewith for the Advancement of Learning." XXXVII. STAT. 2 & 3 GULIELMI 4, CAP. XXVI. A.D. 1832. "An Act to equalize the Ecclesiastical Burthens of the Parish of Saint Mary, Islington, in the County of Middlesex; for partially altering the Application of the Rents and Profits of the Stone Fields Estate, within the said Parish; for letting the Pews in the Parish Church of Saint Mary, Islington, and the Chapel of Ease thereto; and for other Purposes connected therewith." XXXVIII. STAT. 2 & 3 GULIELMI 4, c. 63. A.D. 1832. "An Act to enable Peers of Scotland to take and subscribe in Ireland the Oaths required for qualifying them to vote in any Election of the Peers of Scotland." XXXVI. STAT. 2 & 3 GULIELMI 4, cap. XX. A.D. 1832. "An Act to authorize the Patrons or Patron for the time being of the Vicarage xx. XXXIX. STAT. 2 & 3 GULIELMI 4, c. 67. [IRELAND.] A.D. 1832. "An Act to amend an Act of the seventh and eighth years of the Reign of His late Majesty King George the Fourth, relating to the Union of Parishes in Ireland." select vestry to lay a rate, or to do another act, which last request was illegal: it was held, nevertheless, to be a good demand of the rate. Regina v. St. Margaret, Leicester (The Select Vestrymen of), 8 A. & E. 889. STAT. 2 & 3 Where a select vestry adjourned from time to time, on pretexts which the churchwardens alleged, upon affidavit, to be, as they believed, colourable, and merely intended to evade laying the rate, requiring details which STAT. 2 & 3 xvi. could not be furnished for want of funds to STAT. 2 & 3 xix. STAT. 2 & 3 STAT. 2 & 3 7 & 8 Geo. 4. "Whereas by an act passed in the seventh and eignth years of the reign of his late majesty King George the Fourth, intituled, 'An Act to consolidate and amend c. 43. the Laws in force in Ireland for Unions and Divisions of Parishes, and for uniting or disappropriating Appropriate Parishes or Parts of Parishes, and to make further Provision with respect to the erecting Chapels of Ease and making Perpetual Cures,' it is among other things enacted, that from and after the passing of the said STAT. 2 & 3 STAT. 2 & 3 GUL. 4, c. 67. [IR.] STAT. 2 & 3 act it shall and may be lawful for the lord lieutenant or other chief governor or GUL. 4, c. 67. governors of Ireland for the time being, with the assent of the major part of his [IR.] majesty's privy council, and with the advice and approbation of the archbishop of the province and the bishop of the diocese, and with the consent of the respective patrons certified under their hands and seals, attested by two or more credible witnesses subscribing thereto, to divide all parishes, or to separate any parish or part of a parish heretofore united, in whatever manner such union may have been effected; and whereas no provision has been made in the said recited act for the consent of patrons in those cases in which the patrons may be either infant or lunatic, or married woman; and whereas, in default of such provision, difficulties have arisen to the separation of parishes, which the lord lieutenant and privy council of Ireland, with the approbation of the archbishops and bishops of the respective dioceses, may deem it advisable to separate; be it therefore enacted by the king'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 if any patron or joint patron of a benefice shall at any time after the passing of this act prove to be a minor, lunatic, or idiot, it shall be lawful for the guardian or guardians of such patron being a minor, or for the committee of such patron being a lunatic or idiot, with the approbation in either case respectively of the Lord Chancellor of Ireland for the time being, to be obtained on petition made to him for that purpose, to give consent, on behalf of such patron, to the division of any parish, or the separation of any parish or part of a parish heretofore united, in as full and ample a manner as such patron being of full age and sound mind could have done under the said recited act of the seventh and eighth years of his late majesty; provided always, that when the patron or patrons or joint patron or joint patrons of any such parish or parishes shall be a married woman or married women, it shall be lawful for such married woman or married women, as the case may be, to signify and declare her or their consent in open court of Chancery in Ireland, to be there recorded and enrolled, and such consent so given and enrolled shall be valid and binding as if such married woman or married women were single or discovert." Guardians and committees of incapacitated patrons may consent to the separation of parishes. STAT. 2 & 3 Claims to commence XL. STAT. 2 & 3 GULIELMI 4, c. 71. A.D. 1832. "An Act for shortening the Time of Prescription in certain Cases.” "Whereas the expression, 'Time Immemorial,' or 'Time whereof the Memory of Man runneth not to the contrary,' is now by the law of England in many cases considered to include and denote the whole period of time from the reign of King Richard the First, whereby the title to matters that have been long enjoyed is sometimes defeated by showing the commencement of such enjoyment, which is in many cases productive of inconvenience and injustice; for remedy thereof be it enacted by the king'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 no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any right of common or other profit (1) or benefit (2) to be taken and enjoyed from or upon any land of our sovereign lord the king, his heirs or successors, or any land being parcel of the duchy of Lancaster or of the duchy of Cornwall, or of any ecclesiastical or lay person, or body corporate, except such matters and things as are herein specially provided for, and except tithes (3), rent, and services(4), shall, where such right, profit, or benefit shall have been actually taken and enjoyed by any person claiming (1) Other profit:-As a toll. Hill v. Priour, 2 Show. 36. Rowe v. Brenton, 3 M. & R. 133. (2) Or benefit:-Ex. gr. an easement. Manning v. Wasdale, 1 N. & P. 172. 5 A. & E. 758. Partridge v. Scott, 3 M. & W. 220. Welcome v. Upton, 5 Ibid. 398. Wickham v. Hawker, 7 Ibid. 63. (3) Tithes :-Vide Stephens on Nisi Prias, tit. TITHES, 2612-2616. (4) Rent, and services: - Rent-service. rent-charge, rent-seck, (Co. Lit. 141 by rents of assize, (2 Inst. 19,) including chef and quit-rents; and a fee-firm rent Ca. Lit. 143 (b), n. 5. Bradbury v. l ng An Doug. 627, n. 1. right thereto without interruption (1) for the full period of thirty years, be defeated "II. And be it further enacted, that no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way (3), or other casement (4), or to any watercourse (5), or the use of any water, to be enjoyed or derived upon, over, or from any land or water of our said lord the king, his heirs or successors, or being parcel of the duchy of Lancaster or the duchy of Cornwall, or being the property of any ecclesiastical or lay person, or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated (6) in any other way by which the same is now liable to be defeated; and where such way or other matter as herein last before mentioned shall have been so enjoyed as aforesaid for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing. “III. And be it further enacted, that when the access and use of light (7) to and for any dwelling house, workshop, or other building (8) shall have been actually enjoyed (9) therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. Į Interruption: -The "interruption " which defeats a prescriptive right under Stat. 2 & 3 Gul. 4, c. 71, is an adverse obstruction, not a mere discontinuance of user by the claimant himself. In a case under sect. 1. if proof be given of a right enjoyed at the time of action brought, and thirty years befare, but disused during any part of the intermediate time, it is always a question for the jury whether, at that time, the right had ceased, or was still substantially enjoyed. Carr v. Foster, 3 Q. B. 581. Vide Stephens on Nisi Prius, tit. WAY, 2758-2773. Monmouth Canal Company v. Harford, 1 C. M. & R. 614. Bright v. Walker, 4 Tyrw. 502. 1 C. M. & R. 211. (2) Such right:-A licence, favour, or other matter, inconsistent with a claim, or assertion of right, may be proven. Campbell v. Wilson, 3 East, 294. 13) Any way :-Vide Stephens on Nisi Prias, tit. Way, 2758-2773; et etiam, Co. Lt 36 (a). Ballard v. Dyson, 1 Taunt. 279. Osborn v. Wise, 7 C. & P. 761. Barracingh v. Johnson, 3 N. & P. 233. Jurist, 839. 2 "IV. And be it further enacted, that each of the respective periods of Before-menyears herein before mentioned shall be deemed and taken to be the period next tioned periods 4 Other easement :-Vide Manning v. Wasdale, 1 N. & P. 172. 5 A. & E. 758. Wickham v. Hawker, 7 M. & W. 63. (5) Watercourse: Vide Bastard v. Smith, 2 M. & Rob. 129 1 N. & P. 242. 5 A. & E. 827. (6) Such claim may be defeated: -An agreed alteration of a line of way, or a temporary non-user under an agreement of the parties, will not defeat a claim of a right of way, (Payne v. Shedden, 1 M. & Rob. 382;) nor is a prescriptive right of way to a public path on the banks of a navigable river destroyed by that part, which adjoins the towing path being converted into a floating harbour. Rex v. Tippett, 3 B. & A. 193. STAt. 2 & 3 GUL. 4. c. 71. ment; after sixty years' enjoyment the right to be absolute, unless had by consent or agreement. (9) Actually enjoyed:-Vide Lawrence v. In claims of right of way or other easement the periods to be twenty years and forty years. Claim to the use of light enjoyed for twenty years indefeasible, unless shown to have been by consent. STAT. 2 & 3 to be deemed those next before suits for generally, as claim from claims to which such periods relate. In actions on the case the claimant may "V. And be it further enacted, that in all actions upon the case and other pleadings, wherein the party claiming may now by law allege his right generally, without averring the existence of such right from time immemorial, such general allege his right allegation (4) shall still be deemed sufficient, and if the same shall be denied, all and every the matters in this act mentioned and provided, which shall be applicable to the case, shall be admissible in evidence to sustain or rebut such allega tion; and that in all pleadings to actions of trespass (5), and in all other pleadings wherein before the passing of this act it would have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this act as may be applicable to the case, and without claiming in the name or right of the owner time immemo rial, the period of the fee, as is now usually done; and if the other party shall intend to rely on mentioned in this act may be alleged; and exceptions or other matters to be replied specially. Restricting the presumption to be allowed in any proviso, exception, incapacity, disability, contract, agreement, or other matter hereinbefore mentioned, or on any cause or matter of fact or of law not inconsistent with the simple fact of enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation. support of claims herein provided for. Proviso for infants, &c. before (1) some suit or action wherein the claim or matter to which such period may relate shall have been or shall be brought into question, and that no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice (2) thereof, and of the person making or authorizing the same to be made (3). What time to "VI. And be it further enacted, that in the several cases mentioned in and provided for by this act, no presumption shall be allowed or made in favour or support of any claim, upon proof of the exercise or enjoyment of the right or matter claimed for any less period of time or number of years than for such period or number mentioned in this act as may be applicable to the case and to the nature of the claim (6). "VII. Provided also, that the time during which any person (7) otherwise capable of resisting any claim (8) to any of the matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible. "VIII. Provided always, and be it further enacted, that when any land or (1) Period next before:-A plea of user is bad on special demurrer, if it do not allege it to have been within the period next before the suit. Richards v. Fry, 3 N. & P. 67. (2) Shall have notice:-Direct, actual, and positive, when regularly and formally communicated; constructive, when the presumptions are so violent, that the court ought not to allow it to be controverted. Plumb v. Fluit, 2 Anst. 432. (3) Authorizing the same to be made :— Vide Bailey v. Appleyard, 8 A. & E. 161, 778 (a). Flight v. Thomas, 11 Ibid. 688. Welcome v. Upton, 5 M. & W. 398. (4) General allegation:-Vide Tebbutt v. Selby, 6 A. & E. 786. Wakeman (Bart.) v. West, 8 C. & P. 105. (5) Actions of trespass :- A plea justifying on account of an alleged right to light under a licence, ought to show in what manner the right arose. Bridges v. Blanchard, 3 N. & M. 691. (6) Nature of the claim :--A licence exnnot be presumed, (Doe d. Foley v. Wilsom, 11 East, 56,) or a right by prescription or grant, however strong the circumstances may tend to support it; (Rex v. Wardroper, 4 Burr. 2025; Rex v. Dawes, Ibid. 2121; Bealey v. Shaw, 6 East, 214;) and if the plaintiff prescribe for pasture, the on las on him to prove affirmatively his actual enjoyment of pasture for thirty years; and no presumption for a less period or proof of enjoyment can be admitted; (Bailey v. Appieyard, 8 A. & E. 161; Ibid. 778 (a) ; 3 N. & P. 257;) but a right to a watercourse is not destroyed by the owner's altering its course. Hall v. Swift, 6 Scott, 167. 4 Bing N. C. 381. Stephens on Nisi Prins, tit. WATER AND WATERCOURSES, 2748-2757. (7) Any person :-There is not any saving in favour of persons beyond seas, or in prisen (8) Resisting any claim-Vide Hinchliffe v. Kinnoul (Earl of ), 5 Bing. N. C. 19. water upon, over, or from which any such way or other convenient watercourse or use of water shall have been or shall be enjoyed or derived hath been or shall be held under or by virtue of any term of life, or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter as herein last before mentioned, during the continuance of such term, shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion (1) expectant on the determination thereof (2). Not to extend "IX. And be it further enacted, that this act shall not extend to Scotland or to Scotland or Ireland. Ireland. "X. And be it further enacted, that this act shall commence and take effect on Commencethe first day of Michaelmas term now next ensuing. ment of act. "XI. And be it further enacted, that this act may be amended, altered, or Act may be amended. repealed during this present session of parliament." XLI. STAT. 2 & 3 GULIELMI 4, c. 75 (3). A.D. 1832. XIII. Provided always, and be it enacted, that every such body so removed as aforesaid, for the purpose of examination, shall, before such removal, be placed in a decent coffin or shell, and be removed therein; and that the party removing the same, or causing the same to be removed as aforesaid, shall make provision that such body, after undergoing anatomical examination, be decently interred in consecrated ground, or in some public burial ground in use for persons of that religious persuasion to which the person whose body was so removed belonged; and that a certificate of the interment of such body shall be transmitted to the inspector of the district within six weeks after the day on which such body was received as aforesaid." XLII. STAT. 2 & 3 GULIELMI 4, CAP. LXXIX. A.D. 1832. "An Act for enlarging the Church of Saint Mary, in the Chapelry of Birkenhead, in the County Palatine of Chester." XLIII. STAT. 2 & 3 GULIELMI 4, c. 80. A.D. 1832. "An Act to authorize the identifying of Lands and other Possessions of certain Ecclesiastical and Collegiate Corporations." "Whereas the archbishops and bishops of the several dioceses, and the deans, and deans and chapters, archdeacons, prebendaries, and canons, and other dignitaries and officers of the several cathedral and collegiate churches and chapels, and the masters or other heads, and fellows and scholars or other societies of the several colleges and halls in the universities of Oxford and Cambridge, and of the colleges of Winchester and Eton, are proprietors of divers manors, messuages, lands, tenements, tithes, and hereditaments, and in many cases the boundaries or quantities and the identity of lands within such manors, and of such messuages, lands, tenements, and hereditaments, and of lands subject to any such tithes, or some part or parts thereof, are unknown or disputed, and it would be great benefit, as well to such proprietors respectively, as to their lessees, copyhold or customary tenants, sub-lessees, or under-tenants, their, his, or her heirs, executors, administrators, or assigns, if the said manors, messuages, lands, tenements, tithes, and hereditaments were identified, and the boundaries and quantities thereof ascertained and finally settled: be it enacted by the king's most excellent majesty, by and with the advice (1) Entitled to any reversion:-Vide 1 Inst 183 (b). Daniel v. North, 11 East, 372. ? Determination thereof:-The other nghts affected by this act may be acquired by enjoyment during the respective periods STAT. 2 & 3 GUL. 4, c. 71. be excluded in computing the term of forty years appointed by this act. mentioned in the first and third sections, even (3) Vide Stat. 4 & 5 Gul. 4, c. 26. |