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to erect or purchase One or more Dwelling House or Dwelling Houses, or other Real or Leasehold Estate to be secured by Way of Mortgage to such Society until the Amount or Value of his or her Shares shall have been fully repaid to such Society with the Interest thereon, and all Fines or other Payments incurred in respect thereof, and to and for the several Members of each Society from Time to Time to assemble together, and to make, ordain, and constitute such proper and wholesome Rules and Regulations for the Government and Guidance of the same as to the major Part of the Members of such Society so assembled together shall seem meet, so as such Rules shall not be repugnant to the express Provisions of this Act and to the General Laws of the Realm, and to impose and inflict such reasonable Fines, Penalties, and Forfeitures upon the several Members of any such Society who shall offend against any such Rules, as the Members may think fit, to be respectively paid to such Uses for the Benefit of such Society as such Society by such Rules shall direct, and also from Time to Time to alter and amend such Rules as Occasion shall require, or annul or repeal the same, and to make new Rules in lieu thereof, under such Restrictions as are in this Act contained; provided that no Member shall receive or be entitled to receive from the Funds of such Society any Interest or Dividend, by way of annual or other periodical Profit upon any Shares in such Society, until the Amount or Value of his or her Share shall have been realized, except on the Withdrawal of such Member, according to the Rules of such Society then in force.

II. And be it enacted, That it shall and may be lawful to and Bonus, &c. not for any such Society to have and receive from any Member or to be usurious. Members thereof any Sum or Sums of Money, by way of Bonus on any Share or Shares, for the Privilege of receiving the same in advance prior to the same being realized, and also any Interest for the Share or Shares so received or any Part thereof, without being subject or liable on account thereof to any of the Forfeitures or Penalties imposed by any Act or Acts of Parliament relating to Usury.

III. And be it further enacted, That it shall and may be lawful to and for any such Society, in and by the Rules thereof, to describe the Form or Forms of Conveyance, Mortgage, Transfer, Agreement, Bond, or other Instrument which may be necessary for carrying the Purposes of the said Society into execution; and which shall be specified and set forth in a Schedule to be annexed to the Rules of such Society, and duly certified and deposited as herein-after provided.

Rules may be

made to provide Forms of Conveyance, &c.

c. 56. and
4&5 W.4. c. 40.
extended to this

IV. And be it further enacted, That all the Provisions of a Provisions of certain Act made and passed in the Tenth Year of the Reign of Friendly Society His late Majesty King George the Fourth, intituled An Act to Acts of 10 G. 4. consolidate and amend the Laws relating to Friendly Societies, and also the Provisions of a certain other Act made and passed in the Fourth and Fifth Years of the Reign of His present Majesty King Act. William the Fourth, intituled An Act to amend an Act of the Tenth Year of His late Majesty King George the Fourth, to consolidate and amend the Laws relating to Friendly Societies, so far as the same, or any Part thereof, may be applicable to the Purpose of any Benefit Building Society, and to the framing, certifying,

enrolling,

Receipt endorsed on Mort

gage to be sufficient Discharge

without Reconveyance.

Funds not to be

invested in Savings Banks, &c.

Benefit of Act to extend to all Societies

to June 1836.

enrolling, and altering the Rules thereof, shall extend and apply to such Benefit Building Society and the Rules thereof, in such and the same Manner as if the Provisions of the said Acts had been herein expressly re-enacted.

V. And be it further enacted, That it shall be lawful for the Trustees named in any Mortgage made on behalf of such Societies, or the Survivor or Survivors of them, or for the Trustees for the Time being, to endorse upon any Mortgage or further Charge given by any Member of such Society to the Trustees thereof for Monies advanced by such Society to any Member thereof, a Receipt for all Monies intended to be secured by such Mortgage or further Charge, which shall be sufficient to vacate the same, and vest the Estate of and in the Property comprised in such Security in the Person or Persons for the Time being entitled to the Equity of Redemption, without it being necessary for the Trustees of any such Society to give any Re-conveyance of the Property so mortgaged; which Receipt shall be specified in a Schedule to be annexed to the Rules of such Society duly certified and deposited as aforesaid.

VI. Provided always, and be it further enacted, That nothing herein contained shall authorize any Benefit Building Society to invest its Funds, or any Part thereof, in any Savings Bank, or with the Commissioners for the Reduction of the National Debt.

VII. And be it further enacted, That all Building Societies established prior to the First Day of June One thousand eight hundred and thirty-six shall be entitled to the Protection and established prior Benefits of this Act, on their present Rules being duly certified and deposited as directed by the said recited Acts; and no such Society shall be entitled to the Benefits of this Act until their Rules shall have been so certified and deposited; and that no such Society shall be required to alter in any Manner the Rules under which they are now respectively governed.

Exemption from
Stamp Duties.

Public Act.

1617. 16.

VIII. And be it further enacted, That no Rules of any such Society, or any Copy thereof, nor any Transfer of any Share or Shares in any such Society, shall be subject or liable to or charged with any Stamp Duty or Duties whatsoever.

IX. And be it further enacted, That this Act shall be deemed a Public Act, and shall extend to Great Britain, Ireland, and Berwick-upon-Tweed, and be judicially taken notice of as such by all Judges, Justices, and other Persons whatsoever, without the same being specially shown or pleaded.

CA P. XXXIII.

An Act to amend and regulate the Law of Scotland as to
Erasures in Instruments of Sasine and of Resignation ad
remanentiam.
[14th July 1836.]
W
WHEREAS an Act of the Parliament of Scotland passed in
the Year One thousand six hundred and seventeen, inti.
tuled Anent the Registration of Reversions, Seisins, and other
Writs, for the Purpose of establishing certain Public Registers,
in which the various Sorts of Writings affecting Heritable Pro-
perty therein enumerated or referred were to be made patent to
the Lieges; and by Two other Acts of the Parliament of Scot-
· land

any

No Challenge of
Instruments of
Sasine or Resig-
nation ad re-

manentiam on
account of

< land passed in the Year One thousand six hundred and sixty-nine
and One thousand six hundred and eighty-one the Provisions
in the foresaid Act are extended to Instruments of Resignation
ad remanentiam, and to Writs affecting Heritable Property
within Royal Burghs: And whereas various Questions have
arisen as to the Validity of Instruments of Sasine and Resig-
nation ad remanentiam recorded in such Registers, founded on
alleged Erasures in the said Instruments not patent to the Lieges
nor appearing on the Record thereof, whereby a Want of
Confidence in the Security of the Land Rights of Scotland has
'been produced, which ought to be removed:' 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 no Challenge of any Instrument
of Sasine or Resignation ad remanentiam shall hereafter receive
Effect, either by Reduction or Exception, on the Ground that
Part of the said Instrument is written on an Erasure, unless it shall
be averred and proved that such Erasure had been made for the
Purpose of Fraud, or the Record thereof is not conformable to the
Instrument as presented for Registration: Provided always, that
nothing herein contained shall affect any Judgment pronounced
before the Twelfth Day of May in the Year One thousand eight not to be
hundred and thirty-five, but that all Parties who before the said affected.
Twelfth Day of May in the Year One thousand eight hundred and
thirty-five shall have objected judicially to the Validity of any such
Instrument or Instruments, on the Ground of Erasure, in any
Suit in which Judgment was not pronounced on or before the
said Twelfth Day of May One thousand eight hundred and thirty-
five, shall be entitled to such Costs as the Court of Session in its
Discretion shall think fit to direct: Provided also, that nothing
herein contained shall extend or be construed to extend to Instru-
ments of Sasine or Resignation and Sasine propriis manibus ;
provided also, that where any Feudal Title of Property or Title in
Security has been completed in order to remedy or supply Defects
arising from Erasures in Instruments of Sasine, the Validity of the
said Titles shall not be affected by any thing herein contained.

II. And be it enacted, That this Act may be altered, amended, or repealed by any Act to be passed during the present Session of Parliament.

Erasures. Certain Judgments and Titles

Act may be altered this

Session.

CA P. XXXIV.

An Aet to amend an Act passed in the Seventh and Eighth
Years of the Reign of His Majesty King George the Fourth
for the better Administration of Justice at the holding
of Petty Sessions by Justices of the Peace in Ireland.
[14th July 1836.]

W

WHEREAS by an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, intituled An Act for the better Administration of Justice 7&8G.4. c. 67. at the holding of Petty Sessions by Justices of the Peace in Ire

⚫ land, it was enacted, that it should and might be lawful to and

'for

Counties, &c. (except the County of

Cork,) not yet divided into Districts for holding Petty Sessions may be so divided at the

October Sessions after the passing of this Act or at any January Sessions.

Justices to take

down the Eviminal Cases in Writing.

dence in Cri

for the Justices of the Peace, save and except within the County of Cork, within their respective Jurisdictions, at the January 'Sessions to be holden next after the passing of that Act, to divide the County, County of a City, or County of a Town for which such Sessions should be holden into Districts for the Purposes of that Act, in manner in the said Act mentioned: And whereas there are some Counties in Ireland which were not so divided at the January Sessions holden next after the passing of the said 'Act, and it is expedient that the same should be so divided, not'withstanding the Time for doing so has expired :' 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 it shall and may be lawful to and for the Justices of the Peace, save and except within the County of Cork, of any County, County of a City, or County of a Town, which has not been divided into Districts for holding Petty Sessions under the said recited Act, and they are hereby required, within their respective Jurisdictions, at the October Sessions to be holden next after the passing of this Act, or at any subsequent January Sessions, to divide the County, County of a City, or County of a Town for which such Sessions shall be holden into such Districts for the Purposes of the said recited Act and of this Act as to them shall seem most expedient, fixing within every such District a Place or Places wherein the Petty Sessions shall be holden for such District respectively; and every such Division may be altered, and such Order in Writing shall be made, specifying the Boundaries thereof, as is directed by the said recited Act, and the several other Matters directed to be done in respect of any such Division by the said recited Act shall be done and performed upon and in respect of every such Division made under the Authority of this Act, and every such Division shall be as valid and effectual to all Intents and Purposes as if the same had been made at the January Sessions next after the passing of the said recited Act, and every Petty Sessions Court held in any such District shall be subject to all the Rules and Regulations made and provided in and by the said recited Act as to the Appointment of a Clerk to said Court, and the taking of Fees therein, and to all other Matters to be done at such Court, or by any Magistrate or Magistrates therein, as if the same were expressly repeated in this Act and re-enacted herein, save so far as the same are varied or altered by this Act.

II. And be it further enacted, That in every Case where any Magistrate or Magistrates shall at any Petty Sessions Court appointed under the said recited Act or this Act proceed in a summary Way to try any Information or Complaint of a Criminal Nature, or upon which any pecuniary or other Penalty may be awarded, such Magistrate or Magistrates, or One of them if there be more than One, shall take or cause to be taken a Note or Minute in Writing of the Evidence given on Oath for the Prosecution and for the Defence, or of so much thereof as shall be material, in a Book to be kept in said Court by the Clerk of the said Petty Sessions, should the Plaintiff or Defendant so require it, with the Registry or Record of the Proceedings done at such Petty Sessions, and such Book shall be signed by the Justice or Justices

by

by whom such Information or Complaint shall have been heard on the Day on which such Complaint or Information shall have been determined.

III. And be it further enacted, That the Clerk of every Petty Sessions Court shall enter in the Book kept by him, containing a Record of the Proceedings at Petty Sessions, an Account in Writing of all Fines or Penalties, or Portions of Fines or Penalties, imposed at said Court, and paid to or deposited with him by Order of the Justices attending thereat or otherwise, and of the Appropriation thereof, and such Account shall be always open to the Inspection of any Justice at such Petty Sessions; and if he shall neglect to do so, or shall make any false Entry in such Account, he shall forfeit for every such Offence a Sum of Five Pounds, to be recovered by any Person who will sue for the same by Civi Bill before the Assistant Barrister of the County.

IV. And be it further enacted, That once in every Three Months after the passing of this Act the Clerk of every Petty Sessions Court shall make out and transmit to the Chief Secretary to the Lord Lieutenant of Ireland, or in his Absence to the Under Secretary for the Time being, a Return under his Hand, in the Form in the Schedule to this Act annexed, of the Proceedings at such Petty Sessions, and also the Appropriation of all Fees, Fines, Penalties, and Portions of Fines and Penalties received by the Justices or Clerk of such Petty Sessions; and that every such Clerk who shall wilfully make default in transmitting such Return, or shall wilfully make an untrue Statement therein, shall, on Conviction thereof before any Two Justices of the Peace of the said County, forfeit and pay for every such Offence any Sum not exceeding Five Pounds, to be levied by Distress and Sale of the Goods and Chattels of such Person so offending.

Clerk of Petty Sessions to keep an Account of Fines paid to

him.

Clerks of Petty
Sessions to make

Returns to the
Chief or Under
Secretary.

Informations,

&c. taken before

Justices to be

transmitted to

Clerk of Petty
Sessions, and a
List thereof for-

warded by him
to Chief Secre-

tary every Three

V. And be it further enacted, That from and after the passing of this Act every Information, Examination, and Recognizance sworn, taken, or acknowledged by or before any Justice or Justices not sitting in Petty Sessions, shall with all convenient Despatch, and at the latest before the Petty Sessions then next ensuing for the District where the Case may have arisen, be transmitted to the Clerk of Petty Sessions of such District; and shall be by him laid before the Bench of Justices at the next Petty Sessions after he shall have received such Informations, Examinations, and Re- Months. cognizances; and every Petty Sessions Clerk shall keep a distinct and separate List of the Informations, Examinations, and Recognizances so transmitted to him, containing the Subject Matter thereof, the Dates of the taking or acknowledging of the same and the Dates of the Receipt of the same by him respectively, and shall every Three Months transmit a Copy of such List to the Chief Secretary to the Lord Lieutenant, along with the Quarterly Return of the Proceedings at Petty Sessions.

transmitted in 14 Days from the Committal

VI. And be it further enacted, That from and after the passing Informations, of this Act every Information, Examination, and Recognizance &c. at Petty sworn, taken, or acknowledged at any Petty Sessions in Ireland Sessions to be shall be transmitted by the Magistrates at such Sessions, or the Clerk of such Petty Sessions, to the Clerk of the Crown of the County, County of a City, or County of a Town in which such Sessions are holden, if the same shall relate to any Matter to be 6 & 7 GUL. IV.

N

tried

or Bailment of the Accused.

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