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matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record whereon the trial is pending, to be forthwith amended in such particular, by some officer of the court, on payment of such costs (if any) to the other party as such judge or court shall think reasonable; and thereupon the trial shall proceed as if no such variance had appeared; and in case such trial shall be had at nisi prius, the order for the amendment shall be indorsed on the postea, and returned together with the record; and thereupon the papers, rolls and other records of the court from which such record issued, shall be amended accordingly. CAP. 16.—An Act to repeal so much of several Acts as empowers the
Commissioners for the Reduction of the National Debt to grant Life Annuities.
[9th May 1828.) CAP. 17.--An Act for repealing so much of several Acts as imposes the
cessity of receiving the Sacrament of the Lord's Supper as a .Qualification for certain Offices and Employments. [9th May 1828.)
So much of 13 Car. 2. st. 2. c. 1., 25 Car. 2. c. 2. and 16 Geo. 2. c 30. as imposes the necessity of taking the sacrament for the purposes in the said acts mentioned, is repealed. s. 1.
Every person who shall hereafter be elected into the office of mayor, alderman, recorder, bailiff, town clerk, common councilman, or in or to any office of magistracy, or place, trust or employment relating to the government of any city, corporation, borough, cinque port within England and Wales, or the town of Berwick upon Tweed, shall within one calendar month next before or upon his admission into any of the aforesaid offices or trusts, make and subscribe the declaration following:
I A. B. do solemnly and sincerely, in the presence of God, profess, testify, and declare, upon the true faith of a Christian, that I will never exercise any power, authority, or influence which I may possess by virtue of the office of injure or weaken the Protestant church as it is by law established in England, or to disturb the said church, or the bishops and clergy of the said church, in the possession of any rights or privileges to which such church, or the said bishops and clergy, are or may be by law entitled. s. 2.
This declaration shall be made before such persons as by the charters or usages of the corporation ought to administer the oath for the due execution of the said offices, or, in default of such, in the presence of two justices. s. 3.
In case the party shall neglect to make the declaration, the election shall be void. s. 4.
Every person who shall be admitted into any office or employment, or who shall accept from His Majesty any patent, grant, or commission, or by the receipt of any salary, &c. would before the passing of this act have been required to take the sacrament, shall within six calendar months after his admission to office, or acceptance of patent, &c. make and subscribe the said declaration, or his appointment shall be void. s. 5.
The declaration shall be made by the last mentioned persons in the court of chancery, king's bench, or at the quarter sessions where the person required to make the same shall reside. s. 6.
Exemptions.]—Naval officers below the rank of rear admiral, military officers below the rank of major general in the army or colonel in the militia, commissioners of customs, excise, stamps, or taxes, or any persons holding offices subject to the said commissioners, or any of the officers concerned in the collection, management or receipt of the revenues subject to the authority of the postmaster general. Persons appointed during their absence from England, or within three months after appointment, may make the declaration within six months after their return. s. 7.
All persons in the actual possession of any office, command, place, trust, service, or employment, or in the receipt of any pay, salary, fee, or wages in respect of or as a qualification for which they ought to have taken or ought to receive the sacrament, are confirmed in such possession, and indemnified from penalties, and the election, &c. of such persons shall be valid. s. 8.
The omission of persons to make the said declaration shall not affect others not privy thereto. s. 9. CAP. 18.–An Act to repeal the Stamp Duties on Cards and Dice made
in the United Kingdom, and to grant other Duties in lieu thereof; and to amend and consolidate the Acts relating to such Cards and Dice, and the Exportation thereof.
[9th May 1828.] All former acts, except as to arrears of duty, and as to bonds entered into in pursuance of former acts, the conditions of which have not been performed, are repealed in s. 1. Every maker of playing cards or dice shall pay annually for a licence five shillings ; for every pack of playing cards one shilling; and for every pair of dice twenty shillings. s. 2. The duty shall be denoted on the ace of spades. s. 4. The makers omitting to take out an annual licence are subject to a penalty of 1001. and forfeiture of all materials. s. 5.
Note.—The other sections of this act relate to the collection and payment of the duties, and to regulations as to exportation. Çap. 19.—An Act for applying a Sum of Money out of the Consoli
dated Fund for the Service of the Year One thousand eight hundred and twenty-eight.
[9th May 1828.] CAP. 20. - An Act for prohibiting, during the present Session
of Parliament, the Importation of Foreign Wheat into the Isle of Man; and for levying a Duty on Meal or Flour made of Foreign Wheat imported from the Isle of Man into the United Kingdom.
[13th May 1828.] CAP. 21.–An Act to regulate the Carriage of Passengers in Merchants’
Vessels from the United Kingdom to the Continent and Islands of North America.
[23d May 1828.] CAP. 22.-An act to consolidate and amend the Laws relating to the
Trial of controverted Elections or Returns of Members to serve in Parliament.
[23d May 1828.] The acts repealed are 10 Geo. 3. c. 16. 11 Ceo. 3. c. 42. 14 Geo.3 c. 15. Part of 25 Geo. 3. c. 84. Part of 28 Geo. 3. c. 52. 32 Geo. 3.
c. 1. 34 Geo. 3. c. 83. 36 Geo. 3. c. 59. 42 Geo. 3. c. 84. 47 Geo. 3. c. 1. Part of 47 Geo. 3. c. 14. 53 Geo. 3. c. 71. See sec. 1.
Upon a petition being presented complaining of an undue election or return, a time shall be fixed for taking the same into consideration, and notice thereof given by the speaker to the sitting members and to the petitioners. s. 2. If petitioners do not attend at the time appointed, the order for taking the petition into consideration shall be discharged, and such petition shall not be any further proceeded upon. s. 3. No petition to be proceeded upon unless petition shall be subscribed by a person having a right to vote, or by a person who had been a candidate. s. 4. The petitioners shall within fourteen days after presentment of petition, enter into a recognizance in the sum of 10001., with two sureties in the sum of 5001. each, or four sureties in the sum of 2501. each for the payment of costs. s. 5. The names and additions of sureties shall be delivered to the clerk of the house of commons on the day the petition is presented, or the day after at furthest. s. 6. The sureties shall enter into recognizances before the speaker. s. 7. The parties or sureties living more than forty miles from London may enter in recognizances before a justice. s. 8. Petitions shall not be withdrawn unless the member returned shall have vacated his seat, or some matter shall have arisen since the presentment of petition. s. 9. A voter, upon petition, may become a party to oppose or defend the return. s. 10. Where the seat becomes vacant, or the sitting member declines to defend his return before the petition is taken into consideration, notice shall be sent by the speaker to the returning officer of the place to which the petition relates, who shall affix a copy of such notice on the county hall, town hall, or parish church, nearest to the place of election; notice shall also be given in the London Gazette, and the consideration of such petition shall be adjourned, so that thirty days may intervene between the day on which such notice shall be inserted in the Gazette and the day on which the petition shall be taken into consideration. s. 11. Within thirty days after such notice persons claiming a right to vote may be admitted as parties to defend the return. s. 12. Members who shall have given notice of their intention not to defend their return, shall not be admitted as parties in subsequent proceedings, and such members shall be restrained from sitting or voting on any question until such petition shall be decided upon. s. 13. Lists of votes intended to be objected to, shall be delivered to the clerk of the house of commons, which list shall be open to the inspection of the parties. s. 14. The evidence as to the validity of votes shall be confined to the objections particularized in the lists. s. 15. Committees are empowered to send for and examine persons, papers and records. s. 39. Witnesses misbehaving themselves may be commited to the custody of the serjeant at arms. Id. When the merits of a petition depend on questions respecting the right of election, &c. the committee are to require statements in writing of such rights and to report thereon. s. 50. Petitions of appeal against the judgment of the committee to be presented to the house within six months after a report has been made on any right of election, otherwise the judgment of such committee to be deemed final. s. 51. Notice of the time of taking petitions of appeal into consideration shall be inserted in the London Gazette and sent to the returning officers, who are to affix such notice on the county hall, &c., and any person may, at any time before the day appointed for taking such petition of appeal into consideration, be admitted to defend the right of election, &c. ss. 52. 53. When the petition shall be deemed frivolous and vexatious, the costs shall recovered by the parties who opposed such petition from the person or persons or any of them who signed such petition. s. 57. When the opposition to such petition shall be deemed frivolous or vexatious the costs may be recovered from the parties or any of them who opposed such petition. s. 58. Where the petition is not opposed, the costs shall be paid by the sitting mem.. bers, or by such persons as the house shall have admitted or directed to oppose such petition. s. 59. Application for payment of costs must be made to the speaker within three months after the determination of the merits of the petition ; the bills of costs to be taxed by proper officers, to be appointed by the speaker, as between attorney and client. ss. 60, 61. The costs, after demand made, may be recovered by action of debt, and the speaker's certificate of the amount shall have the force and effect of a warrant to confess judgment. s. 63. Persons paying costs may recover a portion thereof from other persons liable thereto.
If petitioners shall neglect to pay the costs to witnesses within seven days after demand made, or shall refuse to pay the other costs within six months, the recognizances shall be estreated. s. 65. If the returning officer shall wilfully neglect or refuse to return the person duly elected, he shall be liable to an action at the suit of such person, who shall recover double damages and full costs of suit. s. 56. The act to take effect from the last day of the present session. s. 57.
Note. The other sections relate to the appointment of, and proceedings before committees.
IMPORTANT BILLS PROPOSED DURING THE LAST
SESSION. A bill to repeal so much of any acts relating to the relief or settle
ment of the poor as confer settlements by hiring or service. A bill to declare and amend the law relating to the employment and
payment of able bodied labourers, from the poor rates, and for the
better rating tenements under a certain annual value. A bill to authorise barristers at law to act as solicitors in any court or
jurisdiction in revenue matters. A bill to amend the last bankrupt act, enacting (amonst other things)
“ That so much of the said statute as provides that no creditor who shall sue out execution upon any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors be hereby repealed.
A bill for remedying a defect in the titles to lands purchased for
charitable purposes. A bill for consolidating and amending the laws for facilitating the pay
ment of debts out of real estate.
This bill passed the house of commons on the 10th of June instant. It repeals 3 & 4 W. & M., 4 Ann., and 47 G. 3. for the purpose of consolidating them and enlarging their operation, and makes a devise by a person seised in fee or having a power of appointment absolutely void against creditors by bonds, covenants, or other specialties, and gives them an action against the heir and devisee jointly ; if no heir, then against the devisee solely, and makes the latter liable in either case for a false plea. Law of evidence bill. Tithe commutation bill. Customary tenure bill. Bill to afford to criminals, accused of petty felonies, the option of sum
mary conviction by two or more magistrates. Bill to amend the ecclesiastical jurisdiction exercised in country courts. Bill to enable persons charged with felonies to make their full defence
by counsel, under certain regulations. Bill to alter and amend act 47 G.3. c. 74. to facilitate the payment of the
debts of traders. Bill for settling the rights of executors in undisposed of residues of per
This bill passed the house of commons on the 13th of June instant. In the copy, as amended by the committee, and ordered to be printed on the 21st of May last, the enactment stands thus : ." That when any person shall die after the 30th day of September, 1828, having by his or her will, or any codicil or codicils thereto, appointed any person or persons to be his or her executor or executors, such executor or executors, shall not be deemed, by courts of equity, to be a trustee or trustees for the person or persons (if any) who would be entitled to the estate under the statute of distributions in respect of any residue not expressly disposed, unless it shall appear by the will, or any codicil thereto, that the person or persons so appointed executor or executors was or were intended to take such residue beneficially” - an enactment which strikes us to be precisely the reverse of what the house intended. A bill to alter several acts relating to contracts for the loan of money at
interest. A bill for amending the laws relating to property belonging to idiots,
lunatics, and persons of unsound mind. Bill to explain and amend the law relating to real property belonging
to British subjects, and others, within the jurisdiction of his Majesty's