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The Jurisdiction of Justices of

the Peace not to be infringed.

Jurisdiction of

Courts for Recovery of small Debts.

This Act not to

repeal existing Laws or Usages.

His Majesty

Governments of the said Islands respectively shall require or admit: Provided nevertheless, that in all such Courts of Quarter Sessions, whether established or to be established in the said respective Islands or Governments, the said resident Puisne Justice for such Island or Government shall in virtue of such his Office preside as Chairman.

XX. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to take away or abridge any Jurisdiction, Powers, or Authorities which now is or are, by any Law in force within the said Islands or Governments, vested in any Justices of the Peace, whether acting separately or collectively.

XXI. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to take away or abridge any Jurisdiction, Powers, or Authorities which now is or are, by any Law in force in the said Islands or Governments, vested in any Court or Courts for the Recovery of Small Debts or Demands not exceeding the Sum of Twenty Pounds Sterling in Amount or Value, or to prevent the Establishment by Law therein of any such Court or Courts; provided that in all such Courts, whether established or to be established in the said respective Islands or Governments, the said resident Puisne Justice for such Island or Government shall in virtue of such his Office preside and act as Judge.

XXII. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to repeal, annul, alter, or affect any Acts, Statutes, Laws, or lawful Customs or Usages in force within the said Islands or Governments, or any of them, or directly or indirectly to introduce or establish within such Islands or Governments, or any of them, any Acts, Statutes, Laws, or Customs not now in force within the same, or to alter the Rules of Practice or Methods of Proceeding in administering Justice within such Islands or any of them, save and except only so far as relates to the Courts in which and the Judges by whom Justice is administered within the said Islands and Governments; but that in all other respects the Acts, Statutes, Laws, and lawful Customs heretofore established and in force within the said Islands and Governments, and such Rules of Practice and Methods of Proceeding, shall continue to be in force and to be established within the same as fully and effectually, to all Intents and Purposes, as if this present Act had not been made, any thing herein-before contained to the contrary notwithstanding.

XXIII. And whereas it may be expedient that the Islands of may place Trini-Trinidad and Saint Lucia should be comprised within the dad and Saint Jurisdiction of the said Supreme Courts or one of them, and Lucia under Jurisdiction of that for that Purpose the Districts aforesaid or one of them Supreme 'should be enlarged;' be it further enacted, That it shall be lawful Courts. for His Majesty, if it shall appear to His Majesty in Council expedient, but not otherwise, by any Order or Orders to be by Him made with the Advice of His Privy Council, to include within the Jurisdiction of the said Supreme Courts, or of either of them, the said Islands of Trinidad or Saint Lucia, or either of them, and for that Purpose to enlarge the said Districts or either of them,

and by any such Order or Orders in Council to make all such Regulations as to His Majesty in Council shall seem meet, for the Adaptation to the Laws in force in the said Islands respectively of the Jurisdiction of the said Supreme Courts respectively or either of them.

XXIV. Provided nevertheless, and be it further enacted by the Authority aforesaid, That this present Act shall not come into operation, and shall not be binding or in force upon His Majesty's Subjects or other Persons residing and being within the said Islands and Governments, and that such Letters Patent or Charters as aforesaid shall not be made or issued, unless the Legislative Councils and General Assemblies of the said several Islands or Governments shall, by some Acts of Assembly to be by them for that Purpose first made and enacted, have provided that all and every the Acts, Laws, Statutes, Customs, and Usages in force within the said Islands and Governments, in so far as the same might or could in anywise obstruct or interfere with the Operation within such Islands or Governments of this present Act, and of the said Charters or Letters Patent, shall be absolutely repealed or annulled, nor unless such Repeal shall be made to take effect immediately upon the Promulgation of such Charters or Letters Patent within the said Islands or Governments, nor unless such Acts of Assembly shall be assented to in the Name and on the Behalf of His Majesty by the Governors or the Officers administering the Government of the said Islands or Governments, and shall be confirmed and allowed by His Majesty, with the Advice of His Privy Council.

The Act not to take effect until Acts of Assembly shall have been passed repealing all existing Laws which could interfere with the Opera

tion of it.

His Majesty to declare by Order in Council that

the before-mentioned Con

dition has been complied with.

XXV. And for the Prevention of all Doubt whether the Conditions have or have not been complied with, and whether this Act hath or hath not come into operation; be it further enacted by the Authority aforesaid, That it shall and may be lawful for His Majesty, by an Order to be by Him made with the Advice of His Privy Council, to declare that the before-mentioned Conditions have been complied with by the several Legislative Councils and General Assemblies of the said Islands or Governments; and when and so soon as any such Order in Council shall be published in the London Gazette, and such Letters Patent or Charters as aforesaid shall in manner herein-before mentioned have been promulgated within the said Islands and Governments, and not before, this present Act, and every Clause, Matter, and Thing herein contained, shall come and be deemed and taken to have come into operation within the said Islands or Governments, and be binding upon all His Majesty's Subjects and other Persons residing and being within the same: Provided always, that such Order in Order in Council Council shall be laid before both Houses of Parliament within Six to be laid before Weeks from its Date, if Parliament shall be then in Session, and if Parliament. not, then within Six Weeks from the Commencement of the then next ensuing Session of Parliament.

CA P. XVIII.

An Act to apply the Sum of Eight Millions, out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty-six. [7th June 1836.]

6 & 7 GUL. IV.

K

CAP.

CA P. XIX.

The Palatine Jurisdiction of the Bishop of Durham to be

separated from the Bishoprick

and vested in the Crown.

County Court

to cease.

An Act for separating the Palatine Jurisdiction of the
County Palatine of Durham from the Bishoprick of
Durham.
[21st June 1836.]

BE

E 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 from and after the Commencement of this Act the Bishop of Durham for the Time being shall have and exercise Episcopal and Ecclesiastical Jurisdiction only; and that from and after the Commencement of this Act the Palatine Jurisdiction, Power, and Authority heretofore vested in and belonging to the Bishop of Durham shall be separated from the Bishoprick of Durham, and shall be transferred to and vested in His Majesty, His Heirs and Successors, as a Franchise and Royalty separate from the Crown, and shall be exercised and enjoyed by His Majesty, His Heirs and Successors (as a separate Franchise and Royalty), in as large and ample a Manner in all respects as the same has been heretofore exercised and enjoyed by the Bishop of Durham; and that all Forfeitures of Lands or Goods for Treason or otherwise, and all Mines of Gold and Silver, Treasure Trove, Deodands, Escheats, Fines, and Amerciaments, and all Jura Regalia of what Nature or Kind soever, which, if this Act had not passed, would or might belong to the Bishop of Durham for the Time being, in right of the County Palatine of Durham, shall be vested in and belong to His Majesty and His Successors in right of the same: Provided always, that nothing herein-before contained shall prejudice or affect the Jurisdiction of any of the Courts of the said County Palatine, or any Appointment heretofore made to any Office in the said County Palatine, or any Act whatsoever heretofore done by the Bishop of Durham in right of the said County Palatine.

II. And be it further enacted, That from and after the Commencement of this Act all the Power, Authority, and Jurisdiction of the Court called "The Court of the County of Durham," and of the Clerk of the Court of the County of Durham as Judge of the same Court or otherwise, shall cease and determine; subject nevertheless and without Prejudice to any Proceedings then depending in such Court, as to which the Authority and Jurisdiction of the said Court and of the present Clerk of the said Court shall continue in full Force and Effect, notwithstanding the passing of this Act; and in case of the Death or Removal from Office of the present Clerk of the said Court whilst any such Proceedings as aforesaid shall be still depending therein, the Under Sheriff of the said County shall and may, for the Purpose of any such Proceedings, act as Judge of the said Court, and exercise the same Power, Authority, and Jurisdiction as the present Clerk of the said Court might have exercised if still living and continuing in Office: Provided always, that after the Commencement of this Act the Sheriff for the Time being of the said County Palatine shall and may have and exercise the same Power of holding a County Court, and the same Jurisdiction therein, as is usually had and exercised by Sheriffs of other Counties in England.

III. And

III. And be it further enacted and declared, That after the Custos Rotupassing of this Act it shall be lawful for His Majesty and His lorum to be Successors to appoint a Custos Rotulorum of the said County of appointed. Durham, and from Time to Time to appoint to that Office on

every future Vacancy thereof.

Provisions of the Act.

IV. And whereas it is expedient that due Provision shall be Compensation 'made for the Compensation of any Person or Persons deprived to Persons of his or their Office or Offices in the County of Durham, for the affected by the 'Losses he or they may sustain by the Abolition of his or their 'Office or Offices, or Reduction of his or their Fees, by virtue ' or in consequence of this Act;' be it therefore enacted, That from and after the Commencement of this Act there shall be issued, paid, and payable, out of and charged upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland, to the Person or the several Persons appointed before the Twenty-fifth Day of March One thousand eight hundred and thirty-six to any Office or Offices in the County of Durham which shall be abolished or affected by virtue of this Act, free and clear of all Taxes and Deductions whatsoever, such Sums of Money, at such Times, by way of Annuity or otherwise, as, having regard to the Manner of his or their Appointment to such Office or Offices, and the Term and Duration thereof, and all the Circumstances of the Case, shall be adjudged and determined to be due to such Person or Persons respectively by any Commission to be appointed by His Majesty, or by virtue of any Act of Parliament, for the Purpose of determining the Amount of the Compensation that ought to be due and payable in such Cases; and that in the meantime and until Compensation shall be awarded and determined in manner aforesaid, or the Time shall have elapsed that may be appointed for claiming the same, it shall be lawful for the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland, or any Three of them, to issue their Warrants for the Payment to such Person or Persons as aforesaid, out of the said Consolidated Fund, of such half-yearly or quarterly Allowances as to the said Commissioners shall seem reasonable, both as to the Amount and Times of Payment, on account of such Compensation as may thereafter be awarded to the said Parties respectively.

tions.

V. Provided always, and be it further enacted, That no Person Restrictions as shall be entitled to receive any such Compensation or Allowance to Compensaas aforesaid who shall not previously make a full and true Statement to the said Commissioners of His Majesty's Treasury, to be verified on Oath before a Judge, or Master or Master Extraordinary in Chancery, if they shall think fit so to direct, of the Amount of the Salary, Fees, and Emoluments of such Office, and of the Disbursements and Outgoings of the same, for the Space of Ten Years before the passing of this Act; and that such Compensation or Allowance shall cease altogether or be reduced in Amount, as the Case may be, whenever the Party entitled to receive the same shall be placed in any other public Office of which the Salary and Emoluments shall be equal to the Whole or to Part of such Compensation or Allowance, so that in the last-mentioned Case no Person shall be entitled to receive more of such Compensation or Allowance than shall be equal to the Difference between K 2

the

Reservation of
Patent Fees to
Patentees.

Extent of the

of Durham."

the full Amount thereof and the Amount of the Salary and Emoluments of the Office in which he may be hereafter placed.

VI. Provided always, and be it further enacted, That nothing in this Act contained shall affect the Right of any Person holding a Patent of any Office, whether abolished by this Act or not, to receive any Fee or Stipend granted by such Patent out of the Revenues of the Bishoprick of Durham; and that such Revenues shall continue and be subject to all the same Fees and Stipends in respect of any Office in the said County of Durham as the same have been heretofore subject to.

VII. And be it further enacted, That in the Interpretation of Words "County the Clauses and Provisions herein-before contained the Words "County of Durham" shall comprise and mean the County of Durham and Sadberge, including the detached Parts of Craikshire, Bedlingtonshire, Norhamshire, Allertonshire, and Islandshire, and all other Places heretofore within the Jurisdiction of the Bishop of Durham in right of the said County Palatine.

Commencement of Act.

Reservation of
Rights to the
Bishoprick.

The Bishop to take and hold

Provisions.

VIII. And be it further enacted, That this Act shall, as to all the foregoing Matters not otherwise provided for, commence and take effect upon and from the Fifth Day of July in this present Year, and shall, as to all the Matters herein-after provided for, commence and take effect from the passing thereof.

IX. Provided always, and be it further enacted, That nothing herein-before contained shall have the Effect of severing or separating from the said Bishoprick, or of affecting the Rights and Powers of the said Bishop in, over, or upon or with respect to any Lordships, Manors, Houses, Lands, Tenements, Tithes, Rents, Collieries, Mines, Minerals, Rectories, Advowsons, Profits, or Emoluments of any Kind or Description whatsoever, whether held in right of the said Bishoprick or in right of the said County Palatine or otherwise howsoever, other than and except only any Profits and Emoluments herein-before expressly mentioned and directed to be severed therefrom.

X. And be it further enacted, That from and after the passing of this Act the Bishop of Durham elect, or Bishop of Durham for subject to future the Time being, shall take and hold the said Bishoprick, and all the Property, Patronage, and Rights belonging thereto, except as herein-before provided, subject to and under any Provisions which shall be made by or under the Authority of Parliament with respect to the said Bishoprick within the Space of Three Years next after the passing of this Act; any Law, Statute, or Canon to the contrary notwithstanding.

CA P. XX.

An Act for imposing certain Restrictions on the Renewal of
Leases by Ecclesiastical Persons. [21st June 1836.]

WHEREAS it is expedient that such Provision as is herein

after contained should be made respecting the granting of Ecclesiastical Leases: 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 Restrictions on assembled, and by the Authority of the same, That after the passing

Ecclesiastical

of

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