CAP. XXXVI. An Act to amend the Law relative to the Payment of Session of the Second and Third Years of King William 2 & 3 W. 4. the Fourth (Chapter Fifty-three), "for consolidating and c. 53. ""amending the Laws relating to the Payment of Army Prize " " Money," it is enacted that it shall be lawful for the Commissioners of the Royal Hospital at Chelsea to authorize their 'Treasurer or Deputy Treasurer to pay to any Person or Persons who shall prove him, her, or themselves, to the Satisfaction of such Commissioners, or of the said Treasurer 'or Deputy Treasurer, to be the Next of Kin or legal Representative, or otherwise entitled to any Share of Prize Money, 'belonging to any deceased Officer, Soldier, or other Person, any such Share not exceeding Fifty Pounds, although such Person shall not have regularly taken out Letters of Adminis'tration to or have procured the Probate of any Will of the Party originally entitled thereto, to enable him legally to ' demand such Share of Prize Money : 'And whereas it is expedient to enlarge and better define the Powers of the said Commissioners with respect to the Payment of small Sums of Prize and other Money belonging to deceased Officers and Soldiers, and to indemnify the said Commissioners in respect of the Exercise of such Powers:' Be it therefore enacted by the Queen'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, as follows: 1. This Act may be cited as The Army Prize (Shares of Short Title. Deceased) Act, 1864. 2. In this Act the Term "Prize Money" includes Bounty Interpretation Money, Grant, or other Allowance of Money in the Nature of of "Prize Money." Prize or Grant, in the Hands of the Commissioners of the Royal Hospital at Chelsea, or of their Treasurer, Deputy Treasurer, or Secretary, for Distribution. 3. Section Twenty-five of the recited Act is hereby repealed, and in lieu thereof the following Provision shall take effect as Part of the recited Act; namely, — Sect. 25. of recited Act repealed, and new Provision herein named The Commissioners of the Royal Hospital at Chelsea may in any Case, if they think fit, authorize their Treasurer or Secretary substituted. to pay the Share of Prize Money, not exceeding Fifty Pounds, belonging to any deceased Officer, Soldier, or other Person, to or among any Person or Persons showing himself, herself, or themselves, to the Satisfaction of the said Commissioners, to be entitled thereto or to Shares thereof (as the Case may be), without Probate of the Will or Letters of Administration to the Estate of any deceased Person being obtained or taken out. 4. Every Indemnity to 4. Every Payment made in pursuance of this Act shall be Commissioners. good and valid as against all Persons; and the said Commissioners and their Treasurer and Secretary for the Time being are by virtue of this Act absolutely discharged from all Liability in respect of any Money paid in pursuance of this Act. Indemnity for 5. Any Payment made before the passing of this Act, that past Payments. would have been valid if made after the passing of this Act, shall be deemed good and valid as against all Persons; and the said Commissioners, and every their Treasurer, Deputy Treasurer, and Secretary for the Time being are by virtue of this Act absolutely discharged from all Liability in respect of any Money so paid. 3 & 4 Vict. с. 85. Short Titles. Commence ment of Act. Interpretation of Terms. This Act to be CAP. XXXVII. An Act to amend and extend the Act for the Regulation of Chimney Sweepers. [30th June 1864.] WHEREAS by the Act of the Session of the Third and Fourth Years of Her Majesty Queen Victoria (Chapter ، Eighty-five), "for the Regulation of Chimney Sweepers ' and Chimneys," Provision was made to prevent any Person ' compelling or knowingly allowing a Child or young Person ' under the Age of Twenty-one Years to ascend or descend a Chimney or enter a Flue for the Purpose of sweeping, 'cleaning, or coring the same, or for extinguishing Fire therein : And whereas it is expedient to amend in some Particulars ' and to extend the said Act (hereafter in this Act called the 'Principal Act):' Be it therefore enacted by the Queen'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, as follows: General. 1. This Act may be cited as "The Chimney Sweepers Regulation Act, 1864," the Principal Act may be cited as "The Chimney Sweepers and Chimneys Regulation Act, 1840;" and the Principal Act and this Act may be cited together as "The Chimney Sweepers and Chimneys Regula"tion Acts, 1840 and 1864." 2. This Act shall commence and take effect on the First Day The Term "Sheriff" includes Stewart: 4. This Act shall be construed together with the Principal construed with Act as One Act, and for this Purpose the Expression "this Act" when used in the Principal Act shall be taken to include the present Act. Principal Act. 6 5. Any pecuniary Penalty recovered under this Act shall be Application of applied as directed in the Principal Act. Protection of Children and young Persons. Penalties. Children under 6. It shall not be lawful for a Chimney Sweeper to employ Restriction on a Child under the Age of Ten Years to do or assist in doing Employment of any Work or Thing in or about the Trade or Business of such Ten. Chimney Sweeper elsewhere than within the House or Place of Business of such Chimney Sweeper, or the Yard or Buildings (if any) connected therewith. a ing Persons under 7. It shall not be lawful for a Chimney Sweeper, on any Chimney Occasion of his entering a House or Building for the Purpose SweeHouses to of sweeping, cleaning, or coring a Chimney or Flue therein or sweep Chimbelonging thereto, or for extinguishing Fire in any such neys, &c. not to Chimney or Flue, to cause or knowingly allow a Person under bring with him the Age of Sixteen Years in his Employment or under his Sixteen. Control to enter before, with, or after him into any Part of such House or Building, or to be therein for any Part of the Time during which such Chimney Sweeper himself continues therein for any such Purpose as aforesaid. 8. If any Chimney Sweeper acts in contravention of either Penalties for of the foregoing Enactments, he shall for every such Offence be before-named liable to a Penalty not exceeding Ten Pounds. Offences. tices 9. Where under Section Two of the Principal Act a Chimney Power to JusSweeper is convicted is convicted of the Offence of compelling or knowingly to impose allowing a Person under the Age of Twenty-one Years to ascend or descend a Chimney or enter a Flue for any Purpose in that Section mentioned, the Justices or Sheriff before whom he is convicted may, in lieu of the Imposition of any such pecuniary Penalty as is authorized by that Section, adjudge the Offender to be imprisoned in the Common Gaol or House of Correction for any Term not exceeding Six Months, with or without Hard Labour. 10. In any Prosecution of a Chimney Sweeper for any Offence against the Principal Act or against this Act, where the Age of any young Person or Child comes in question, the Proof of the Age of such young Person or Child shall lie on the Defendant 11. Section Two of the Principal Act shall be read as if the Words " or less than Five Pounds" were omitted therefrom. CAP. XXXVIII. An Act to facilitate the Redemption of Chief Rents in [30th June 1864.] WHEREAS it is expedient to enable Persons holding Lands or Tenements subject to any Rent to redeem the ' said Rent:' Be it enacted by the Queen'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, as follows: Burden of to lie on Chim- Abolition of minimum Explanation of 1. Any Lands or Tenements held in Fee Farm, or for Lives certain Terms. renewable for ever, or for any Term whereof more than Two hundred Years shall be unexpired, shall, if subject to any Rent during the Continuance of such Estate, be deemed Land within the Provisions of this Act; and any Person entitled in possession to such Lands or Tenements, or to the Rents and Profits thereof, under any Will or Settlement for any Term of Years determinable on the dropping of a Life or Lives, or for any greater Estate (not being a Term of Years less than the Term for which such Lands or Tenements may be held), shall be deemed the Owner of such Lands or Tenements; and any Person entitled under any Will or Settlement to an immediate Estate in the said Rent, or in the Reversion to which the same may be incident, for any Term of Years determinable on the dropping of a Life or Lives, or for any greater Estate, shall be deemed the Owner of such Rent; and every Estate in Land or Rent, other than an unincumbered Estate in Fee, shall be deemed a limited Estate, within the Provisions of this Act; and the Words "Lands or Tenements" in this Act shall Owner of Land and Owner of Rent may agree for Redemption, &c. of such Rent. Application of Price of Redemption, whether paid Land. any divided or undivided Shares thereof respectively; and the Word "Rent" shall extend to any Part or Parts thereof; and the Words "Owner or Person" shall extend to Two or more Persons seised of or entitled to divided or undivided Shares of or Estates in the said Lands and Rents respectively, and shall also include any Corporate Bodies, Aggregate or Sole. 2. The Owner of any Land or Tenement subject to any Rent may agree with the Owner of such Rent for the Redemption and Extinguishment thereof on the following Terms; that is to say, the Price to be paid for such Redemption shall be either a Sum of Money in gross, or a Part of the Lands or Tenements which were subject to the said Rent, or any Lands or Tenements to which the Owner shall be entitled in Fee Simple or Fee Farm, or which shall be subject to the same Limitations as the Lands or Tenements to be discharged from Rent by such Agreement. 3. In case the Owner of such Rent shall have only a limited Estate therein, if the Price agreed to be paid for the Redemption thereof shall be a Sum of Money in gross it shall be paid to the in Money or in Trustees appointed by the Deed or Instrument whereby the Estate or Interest of such Owner of Rent shall be limited, or to the Trustees to be appointed when necessary by the Landed Estates Court as herein-after mentioned, for Application in the Manner herein-after mentioned, and if the Price shall be Land it shall be conveyed to and held by such Trustees in lieu of the said Rent, subject to the same Trusts, Limitations, and Charges as the Rent had previously been subject to. In Cases of limited Interests, Contract of Redemption 4. If the Owner of the Rent have only a limited Estate therein, the Contract for Redemption shall not be concluded without the Sanction of One of the Judges of the Landed to have Sanc- Estates Court, after giving Notice to such Persons as he shall Cap. 38. 263 think proper; and in case such Contract shall be sanctioned tion of Judge of such Deed or Deeds shall be executed by the Parties as the said Landed Estates Judge shall direct. Court. Court to ex 5. The Judge of the Landed Estates Court shall investigate Judge of such Title, and if it shall be sufficient he may cause a Certifi- Landed Estate cate of his Approbation thereof to be annexed to the Contract amine and for Redemption; and such Certificate shall have the Effect of certify Title. giving to the Person taking the Land or Rent under such Contract the same Title thereto as if the same had been conveyed to him by One of the Judges after a Sale thereof in the Landed Estates Court. Contracts for 6. Every Deed executed by the Direction of the Judge, and Deeds effecting every Certificate annexed to the Contract for Redemption, as aforesaid, which respectively shall have the Force or Operation be chargeable of a Conveyance of any Rentcharge under this Act, shall be with ad valo rem Stamp chargeable with ad valorem Stamp Duty as upon a Conveyance Duty as upon a on Sale; that is to say, where the Consideration for such Re- Conveyance on demption shall be a Sum of Money in gross the said ad valorem Sale. Stamp Duty shall be chargeable in respect of such Sum of Money as the Purchase or Consideration Money; and where the Consideration for such Redemption shall be Lands or Tenements, then the said Deed or Certificate shall be chargeable with the ad valorem Stamp Duty which would be chargeable on a Conveyance of such Lands or Tenements on the Sale thereof in consideration of the Rent contracted to be redeemed. Rent reserved, redeemed. where Part only 7. Where it is intended to redeem under this Act a Part Apportioning only of any Rent, it shall be lawful for One of the Judges of the Landed Estates Court to apportion the Rent reserved by the Lease or Grant as between the Part thereof to be redeemed and the Land as to which the same is to be extinguished and the remaining Part or Parts of the said Rent and Land; and the Judge shall direct Notice of any such intended Apportionment as aforesaid to be given to such Persons and in such Manner as he shall think fit, and shall hear such Parties as shall apply in relation thereto; and after such Apportionment, and after the said Part of the said Rent shall have been so redeemed, the Owner of the remaining Part of the said Rent so apportioned shall have the like Remedies for the Recovery thereof against the Lands out of which the same shall be payable, and the Owners and Occupiers thereof respectively, as were subsisting for the entire Rent before such Apportionment; and all the Covenants, Conditions, and Agreements of every Lease or Grant, except as to the Amount of Rent to be paid, shall, as regards the Part or Parts not redeemed, remain in force, in the same Manner as they would have done if such Redemption had not taken place: Provided always, that the Enactment in this Section shall be deemed to apply to the Redemption of any Parts of the same original Rent to be redeemed at different Times; provided also, that where any such Part of the said Rent so intended to be redeemed shall have been theretofore apportioned or fixed and determined as between • |