6

، Dignity, Prebend, or Living Ecclesiastical :" And Whereas 'since the passing of the said Act many Spiritual Persons or ' others, before or after the Presentation or Collation or Appoint، ment by Donation, of Spiritual Persons to Spiritual Offices, being ، Benefices with Cure of Souls, Dignities, Prebends, or Livings 'Ecclesiastical, have made, given, or entered into certain En، gagements by Promise, Agreement, Grant, Bond, Covenant, or other Assurance, to or with the Patron or Patrons of such Spi' ritual Offices, or to or with some other Person or Persons, for 'the Resignation of such Spiritual Offices, to the Intent or Pur'pose that some Person specially named or described in such Engagement, or One of Two Persons so specially named or ، described, should be presented, collated, or nominated to such Spiritual Offices respectively, or that the same should be given or bestowed to or upon him, or for the Resignation thereof upon Notice or Request or otherwise, when a Person, or One of Two ، Persons, so specially named or described, should become quali'fied by Age or otherwise to accept and take the same: And 'Whereas it has lately been adjudged and determined at Law that 'such Engagements as aforesaid come within the Intent and Meaning of the said recited Act: And Whereas the Spiritual 'Persons and Patrons, and other Persons, who have been Parties to such Engagements, will suffer great Hardship and Detriment ، unless they be relieved from the Pains, Penalties, Forfeitures, 'Loss, or Disabilities to which they have erroneously, but without having wilfully acted in contravention of the said recited Act, rendered themselves liable, by reason of having given or entered into, or accepted or taken such Engagements;' 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 Presentation, Collation, No PresentGift, or Bestowing of any such Spiritual Office to or upon any ation to any Spiritual Person, before the Ninth Day of April in the present Spiritual Office, Year of our Lord One thousand eight hundred and twenty seven, nor any Admission, Institution, Investiture, or Induction thereupon, shall be void, frustrate, or of no effect in Law, for or by reason of any such Engagement made, given, or entered into by such Spiritual Person, or any other Person or Persons, to or with the Patron or Patrons of such Spiritual Office, or to or with any other Person or Persons, for the Resignation of the same, to the Intent or Purpose manifested by the Terms of such Engagement, become qualithat some Person specially named or described therein, or One of fied to take the Two Persons so specially named or described, should be presented, same. collated, or nominated to such Spiritual Office, or that the same should be given or bestowed to or upon him, or for the Resignation thereof upon Notice or Request, or otherwise, when a Person, or One of Two Persons, so specially named or described, should become qualified, by Age or otherwise, to accept and take the same; and that it shall not be lawful for the King's most Excellent Majesty, His Heirs, or Successors, for or by reason of such Engagement as aforesaid, to present or collate unto, or give or bestow such Spiritual Office; and that such Spiritual Person, and Persons Patron or Patrons, or other Person or Persons respectively, shall making any

made before 9th April 1827,

shall be void on account of any Agreement to resign when another Person, specially

named, shall

such Agree

ment, not subject to any Penalty on account thereof.

All such Engagements entered into before 9th April 1827, valid and effectual in Law.

Engagements not bonâ fide made with such Intent.

If the Person so specially named be not presented to such Spiritual Office within Six Months,

shall be void.

not be liable to any Pains, Penalty, Forfeiture, Loss, or Disability, nor to any Prosecution or other Proceeding, Civil, Criminal, or Penal, in any Court Ecclesiastical or Temporal, for or by reason of his, her, or their having made, given, or entered into or accepted or taken such Engagement as aforesaid; and that every such Presentation or Collation, or Gift or Bestowing, before the said Ninth Day of April in the present Year of our Lord One thousand eight hundred and twenty seven, and every Admission, Institution, Investiture, and Induction thereupon, shall be as valid and effectual in the Law, to all Intents and Purposes whatsoever, as if such Engagement had not been made, given, or entered into, or accepted or taken; any thing in the said recited Act, or in any other Act, Statute, or Canon, or any Law to the contrary in any wise notwithstanding.

II. And be it further enacted, That every such Engagement which hath been made, given, or entered into at any Time before the said Ninth Day of April in the present Year of our Lord One thousand eight hundred and twenty seven, for the Resignation of any Benefice with Cure of Souls, Dignity, Prebend, or Living Ecclesiastical, to the Intent or Purpose, manifested by the Terms of such Engagement, that some Person specially named or described therein, or One of Two Persons so specially named or described, should be presented, collated, or nominated to such Spiritual Office, or that the same should be given or bestowed to or upon him, or for the Resignation thereof upon Notice or Request or otherwise, when a Person, or One of Two Persons, so specially named or described, should become qualified, by Age or otherwise, to accept and take the same, shall be good, valid, and effectual in the Law to all Intents and Purposes whatsoever; any thing in the said recited Act, or in any other Act, Statute, or Canon, or any Law to the contrary in any wise notwithstanding.

III. Provided always, That nothing in this Act contained shall extend or be construed to extend to the Case of any Engagement which shall not have been made, given, or entered into really and bona fide to the Intent or Purpose aforesaid, and no other: Provided also, that nothing herein contained shall be deemed compulsory upon the Ordinary to accept the Resignation.

IV. Provided always, and be it further enacted, That in every Case where any such Spiritual Office shall after the passing of this Act be resigned pursuant to any such Engagement, and the Person, or One of the Two Persons, so specially named or described therein shall not be presented, collated, nominated, or appointed by Donation to such Spiritual Office within Six Calendar the Resignation Months next after such Resignation, the Resignation which shall so have been made pursuant to such Engagement shall to all Intents and Purposes be void and of no Effect; and the Spiritual Person who shall so have resigned shall, without any Act or Form, and as if such Resignation had not been made, be deemed and taken to all Intents and Purposes to be and to have continued the Incumbent actually in Possession of such Spiritual Office, notwithstanding such Resignation, and although within the said Six Months any other Person may have been presented, collated, nominated, instituted, or inducted thereto, or received Investiture thereof, provided such Person so resigning shall not

by

by reason of any other Act or Thing have become disqualified

to hold the same.

menced.

V. Provided also, and be it further enacted, That nothing in Proviso for this Act contained shall extend or be construed to extend to the Proceedings Case of any such Engagement, upon or with respect to which already comany Action, Suit, Bill, Plaint, or Information shall have been brought, sued out, or commenced and prosecuted before the Ninth Day of April in this present Year.

CAP. XXVI.

An Act for disappropriating, disuniting, and divesting the Rectory and Rectorial Tithes of the Parish of Youghal from and out of the Bishopric of the Diocese of Cloyne, in Ireland, whereby the Incumbent of such Rectory should have the actual Cure of Souls in the said Parish.

[14th June 1827.]

WHEREAS the Wardenship of the College of Youghal and

of Cloyne, are perpetually united, annexed, and appropriated to the Bishopric of the Diocese of Cloyne, and the Bishops for the Time being of the said Diocese have received the Rectorial Tithes of the said Parish, and have provided for the Cure of Souls in the said Parish by Two resident Curates there, appointed by such Bishops: And Whereas it would be highly beneficial to the Cure of Souls in the said Parish, that the said • Rectorial Tithes of the said Parish so as aforesaid annexed and ' appropriated to the Bishopric of the said Diocese, should be 'disappropriated, disunited, and divested from and out of the Bishopric of the said Diocese of Cloyne, and that the said Parish 'should be a Rectory or Benefice with Cure of Souls in the Col'lation of the Bishop of Cloyne, being Warden of the said College of Youghal for the Time being: May it therefore please Your Majesty, upon the Petition of the Lord Bishop for the Time being of the Diocese of Cloyne, and Warden of the College of Youghal, and the humble Petition of the Two resident Curates of the said Parish of Youghal for the Time being, that it may be enacted; And 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 assem. bled, and by the Authority of the same, That from and after the Expiration of Six Calendar Months from and after the passing of this Act, the Rectory and Rectorial Tithes of the said Parish of Youghal, so as aforesaid heretofore appropriated and united to the Bishopric of the said Diocese of Cloyne, shall become and be actually disappropriated, disunited, and divested from and out of the Bishopric of the said Diocese of Cloyne; and that the said Rectory, the Patronage when so disappropriated and disunited, shall be and become a of the Bishop, Rectory, Parish, and Collative Benefice, with Cure of Souls, in the being Warden Patronage and Gift of the said Bishop of Cloyne, being Warden of the College of the said College of Youghal, and his Successors from time to of Youghal. time for the Time being; and that from and after the Expiration

of Six Calendar Months from and after the passing of this Act,

The Rectory and Rectorial Tithes of the Parish of Youghal shall be disunited

from the Bishopric of Cloyne, and become a Bene

fice with Cure

in

2 G.1. (I.) c. 14. s. 16.

Public Act.

9 H. 3. st. 2.

c. 10.

the said Bishop of Cloyne and his Successors, being Wardens of the said College of Youghal, shall have the Right of Patronage and Collation to the said Rectory, and shall and may, from and after the Expiration of Six Calendar Months from and after the passing of this Act, and so from time to time whenever the said Rectory shall become or be vacant, collate any Person to be Rector and Incumbent of the said Parish or Rectory, and shall and may cause such Incumbent to be instituted and inducted into such Rectory; and every such Person so collated, instituted, and inducted, shall be and become Rector and Incumbent of such Rectory, Parish, and Benefice, and shall have Cure of Souls in such Rectory, Parish, and Benefice, and shall be entitled to the Rectorial Tithes, and to all other Emoluments and Profits of the said Rectory, Parish, and Benefice, disappropriated and disunited from the Bishopric of the said Diocese.

II. And Whereas, by an Act made in the Parliament of Ireland in the Second Year of the Reign of King George the First, intituled An Act for the real Union and Division of Parishes, it is among other Things enacted, that all Acts of Parliament for the 'uniting or disuniting of particular Parishes or Parts of Parishes, or erecting particular Churches, shall be deemed as Public and General Acts in all Courts and by all Persons, and that no Fees 'shall be paid or taken by any Person or Persons for passing any such Act of Parliament: And Whereas it is expedient that a like • Provision should be made in this Case;' Be it therefore enacted, That this present Act is and shall be deemed a Public and General Act, and shall be judicially taken notice of as such in all Courts, and by all Judges, Justices, and others, without being specially pleaded; and that no Fees shall be paid or taken by any Person or Persons for the passing the same.

CAP. XXVII.

An Act for repealing various Statutes in England relative to the Benefit of Clergy, and to Larceny and other Offences connected therewith, and to malicious Injuries to Property, and to Remedies against the Hundred. [21st June 1827.]

WHEREAS it is of the United Kingdom called

HEREAS it is expedient to repeal various Statutes now

England, relative to the Benefit of Clergy; and it is also expedient to repeal various Statutes relative to Larceny, and other Offences of Stealing, and to Burglary, Robbery, and Threats for the Purpose of Robbery or of Extortion, and to Embezzle'ment, False Pretences, and the Receipt of Stolen Property, in order that the Provisions contained in those Statutes may be 'amended and consolidated into One Act; and it is also expe'dient with the same View to repeal various Statutes relative to 'malicious Injuries to Property; and also with the same View 'to repeal various Statutes relative to Remedies against the Hundred;' 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 so much of a Charter or Statute made in the Ninth Year of the Reign of

King Henry the Third, commonly called Charta de Forestá, as relates to the Punishment for taking the King's Venison; and so 3 Ed. 1. c. 2. much of a Statute made at Westminster in the Third Year of the & 20. Reign of King Edward the First, as relates to Clerks taken for

guilty of Felony, and to Trespassers in Parks and Ponds; and so 13 Ed. 1. st. l. much of a Statute made at Westminster in the Thirteenth Year of c. 46. the same Reign, as ordains that the Towns near adjoining shall be distrained to levy at their own Cost a Hedge or Dyke overthrown,

and to yield Damages; and the whole of a Statute made in the 13 Ed.1. st. 2. same Year, intituled Statutum Winton, except so much thereof

25 Ed. 3. st. 6. (vulgo st.3.)

c.4, 5.

as forbids Fairs and Markets being kept in Churchyards; and a 21 Ed.1. st. 2. Statute made in the Twenty first Year of the same Reign, intituled Statutum de Malefactoribus in Parcis; and so much of a 1 Ed. 3. st. 1. Statute made in the First Year of the Reign of King Edward the c. 8. Third, as relates to Trespasses in the King's Forests of Vert and Venison; and so much of a Statute made in the Twenty fifth Year of the same Reign, intituled Ordinatio pro Clero, as relates to Clerks convicted of Treasons or Felonies, and to the Arraignment of Clerks; and so much of a Statute made in the Twenty eighth Year of the same Reign, as relates to making Cry and fresh Suit, and to Hundreds and Franchises being answerable as therein mentioned; and so much of a Statute made in the Thirty fourth 34 Ed. 3. c. 22. Year, and of another Statute made in the Thirty seventh Year of 37 Ed. 3. c.19. the same Reign, as relates to Hawks; and so much of a Statute 8 H. 6. c.12. made in the Eighth Year of the Reign of King Henry the Sixth, as s. 3. relates to the Offences of stealing, taking away, withdrawing, or avoiding of any Record or other like Thing therein mentioned;

28 Ed. 3. c.11.

and so much of a Statute made in the Thirty third Year of the 33 H. 6. c.l. same Reign, as relates to Servants taking and spoiling the Goods

of their Masters after their Death; and an Act passed in the First 1 H.7. c.7. Year of the Reign of King Henry the Seventh, intituled An Act against unlawful Hunting in Forests and Parks; and an Act passed

in the Fourth Year of the same Reign, intituled An Act to take 4 H.7. c.19. away the Benefit of Clergy from certain Persons; and an Act passed in the Twenty first Year of the Reign of King Henry the

Eighth, intituled An Act for the Punishment of such Servants as 21 H. 8. c.7. shall withdraw themselves, and go away with their Masters or Mistresses' Caskets and other Jewels or Goods committed to them in Trust to be kept; and an Act passed in the same Year, intituled

An Act for Restitution to be made of the Goods of such as shall be 21 H. 8. c.11. robbed by Felons; and an Act passed in the Twenty third Year

of the same Reign, intituled An Act that no Person committing 23 H. 8. c. 1. Petty Treason, Murder or Felony shall be admitted to his Clergy

under Subdeacon; and an Act passed in the same Year, intituled

An Act for breaking of Prison by Clerks Convict; and an Act 23 H. 8. c.11. passed in the Thirty first Year of the same Reign, intituled An 31 H.8. c. 2. Act against Fishing in Ponds; and an Act passed in the Thirty

third Year of the same Reign, intituled An Act concerning coun- 33 H. 8. c.1. terfeit Letters, or privy Tokens, to receive Money or Goods in other Men's Names; and an Act passed in the Thirty fourth and Thirty

fifth Years of the same Reign, intituled An Act for a Certificate of 34 & 35 H. 8. Convicts to be made into the King's Bench; and an Act passed in c.14. the Thirty fifth Year of the same Reign, intituled An Act for the 35 H. 8, c.17. Preservation of Woods; and an Act passed in the Thirty seventh

Year