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the time.

for want of protestant inhabitants resident within the pre- shall be ousted,

&c. for not be cincts thereof, to elect into the offices of burgesses, and ing inhabitants other offices in such corporations, persons who did not or resident at inhabit, or could not be resident, &c.; and that it hath 21 Geo. 2. c. 10. been questioned, whether persons who were not inhabi, s. 8. Ir. tants within the corporations could, within the letter of their respective charters, or some of them, be elected into, or act as burgesses or other officers within such towns corporate, &c.; and that it still continues impracticable in most of said towns corporate, &c. to find protestant inhabitants, who, on account of their circumstances, are fit to be trusted in such offices; and therefore enacts, that no person who hath been or shall be in all other respects duly elected and admitted into any of said offices or franchises in any town corporate, &c. not being a city, shall be ousted of any such office, &c. or be any ways sued or molested by reason of his not being an inbabitant of, or resident within such town corporate, &c. at the time of his election ; but every such person may hold, , exercise, and enjoy such office or franchise, as fully and effectually to all intents and purposes, as if such persons were inhabitants, &c. at the time of their election.

Of Incorporeal Hereditaments.

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I.

P. 442. 1. 24. The 53 Geo, 3. c. 54. I. recites the 49 Sales, fc. of Geo. 3. c. 126. U. K. intitled, “ an act for the further commissions,

&c. in battle-axe prevention of the sale and brokerage of offices." (see guards lawful. Addenda I. P. 36.) and extends the exception therein 53 Geo. 3.c. 54. contained, (by s. 7.) in respect to his majesty's yeomen guard, to any purchases, sales, or exchanges of any commissions or appointments in his majesty's battle-axe guards in Ireland. And the 53 Geo. 3. c. 129. I. further 53 Geo.3.c.129. excepted any purchases, sales, or exchanges of the office I. of a six clerk of the court of chancery in Ireland. But this latter statute is amended by the 55 Geo. 3. c. 114. 1. 55 Geo3.c.114,

s. 3. I. which recites, that the six clerks in the court of chancery

а

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six clerk in

the rolls.

Sales, fc. of in Ireland have been accustomed at all times to sell their the office of

offices; and that it hath been customary that one fifth chancery, also part of the consideration of such sale should be paid to ercepted out of the act for pre- the use of the master of the rolls, or keepers or guardians venting sale, of the rolls, and that it is expedient to make new provide of offices,

sion for the appropriation of such one fifth part of such purchase money; and that if the master of the rolls were to refuse appointing the person who shall agree for the purchase of such office, without assigning any cause, the six clerks might be prevented from obtaining the benefit of the 53 Geo. 3. c. 129. supra; and therefore enacts, that it shall be lawful for the six clerks of the court of chancery in Ireland, from time to time respectively, to sell, transfer, and dispose of their offices in said court to such persons as shall be qualified to execute the duties of such office, every such person being approved of by the

, Subject to approbation of master of the rolls for the time being; and every such the master of

person shall pay into the bank of Ireland, to the credit of

the teller of the exchequer, one clear fifth part of the enA clear fifth purt of the con- tire consideration or purchase agreed to be paid or re

ceived on such sale, &c.; or in case the consideration, £1200. if con- &c shall not be pecuniary, every such person shall pay sideration not pecuniary, to £1200.; and the teller of said exchequer, upon produc: be lodged in

tion of a certificate or accountable receipt of the cashier hank for master of the rolls,

of said bank, shall give a receipt for any such sum, according to the directions contained in the 54 Geo.3. c. 83. I. intitled, “ an act for the more effectual regulation of the receipts and issues of his majesty's treasury, &c.” And

by s. 4. in case the master of the rolls shall refuse, or unIf master of the necessarily delay to approve of any person to whom any rolls refuses, six clerk hath agreed or shall agree to sell his said office, &c. to approve of successor, six for want of qualification or other cause, then such six clerk may apply clerk may present a petition in a summary way to the to him by peti

master of the rolls, verified by affidavit, for the purpose court,

und appeal to chan- of obtaining such approbation ; which petition such mascellor from his ter of the rolls shall hear moved in open court with all order thereupon.

reasonable dispatch, and thereupon make such order, pursuant to the provisions of this act, as shall appear fit; from which order such petitioner may appeal to the lord chancellor; and in case an order shall be made on such

appeal

sideration money, or

a

S. 4.

tion in

open

a

appeal approving of such person, the master of the rolls shall, without further delay, appoint the person so approved of to be a six clerk in the room of the person so selling or resigning : provided that a sufficient acquittance shall be produced to the master of the rolls for the time being, for the payment of the money hereby required to be paid into the bank of Ireland as aforesaid, before any person shall be permitted to enter upon or exercise any such office. But by s. 5. nothing herein shall extend to S. 5. vacancies by death in any such office, or to prejudice the Proviso as to right of the master of the rolls, in such cases, to appoint

vacancies by and fill up such vacancies by death without any pecuniary consideration for so doing. And it is provided (s. 6.) that before any six clerk shall be actually appointed in All contract consequence

of
any
sale or transfer under this act, a deed for such sales

&c. to be by indented shall be duly executed between the parties to deed indented

and verified by such contract, containing fully and truly all the terms of affidavit of parsuch contract; and the truth thereof shall be verefied by ties. the affidavit of the respective parties thereto, to be sworn before one of the masters of the said court, and to be filed in said court; and such deed shall be inrolled in said court, upon producing the attested copies of such affidavits.

death.

S. 6.

Of Title by Escheat.

P. 489. l. 37. The 52 Geo. 3. c. 146. E. recites, that Registers of the amending the manner and form of keeping and of riages, and

baptisms, marpreserving registers of baptisms, marriages, and burials of burials

, to be

kept by officihis majesty's subjects in the several parishes and places in ating ministers England, will greatly facilitate the proof of pedigrees of of parishes, &c.

52 Geo.3. c.146. persons claiming to be entitled to real or personal estates, E. and be otherwise of great public benefit; and therefore enacts, that registers of public and private baptisms, marriages, and burials, solemnized according to the rites of the united church of England and Ireland, within all parishes and chapelries in England, whether subject to the

ordinary

purpose.

ordinary, or peculiar, or other jurisdiction, shall be made and kept by the rector, vicar, curate, or officiating minister of every parish (or of any chapelry where the cere

monies of baptisnit, &c. have been usually and may acBooks of parch- cording to law be performed) for the time being, in books ment to be pro- of parchment, or of good and durable paper, to be provided by king's printer for the vided by the king's printer, at the expense of the respec

tive parishes or chapelries; whereon shall be printed, upon each side of every lenf, the heads of information herein required to be entered in the registers of baptisms, &c. respectively, and every such entry shall be numbered progressively from the beginning to the end of each book,

the first entry to be distinguished by number one; and Entries to be

every such entry shall be divided from the entry next fo!kept 'distinct, and in numeri- lowing by a printed line, according to the forms contained cal progression. in the schedule hereto annexed; and every page of such

book shall be numbered with progressive numbers, the first page being marked with the number I. in the middle of the upper part of such page, and every subsequent page being marked in like manner with progressive num

bers. And by s. 2. a printed copy of this act, together King's printer with three books so prepared as aforesaid, and adapted to provide and transmit copies respectively to the forms of the register of baptisms, marof this act, and riages, and burials prescribed in the schedules (A. B. books containing forms of regis- and C.) to this act annexed, is required, as soon as cone of parishes, fc. venient, to be provided and transmitted by the king's

printer to the officiating ministers of the several parishes and chapelries in England; and such books shall be proportioned to the population of the several parishes, &c. according to the last returns of such population made under the authority of parliament; and other books of like form and quality shall, for the like purposes, be furnished from time to time by the churchwardens or chapelwardens of every parish or chapelry, at the expense of such parish, &c. whenever they shall be required by the rector, vicar, curate, or officiating minister to provide the same; and all such books shall be of paper, unless required to be of parchment by such churchwardens, &c. And by s. 3. such registers shall be kept in such separate books, and every such rector, &c. shall as soon as possi

ble

s. 2.

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try, to ministers

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in the proper

mony.

S. 4.

or burial pera

person than the

ble after the solemnization of every baptism, whether pri. Baptisms, fc. vate or public, or burial respectively, enter in a fair and to be registered legible hand writing, in the proper register book to be books within 7 provided, &c. as aforesaid, the several particulars de days after cerca scribed in the schedules herein-before mentioned, and sign the same; and in no case, unless prevented by sickness or other unavoidable impediment, later than within 7 days after the ceremony of such baptism or burial shall have taken place, By s. 4. whenever the ceremony of baptism or burial shall be performed in any other place than Where cerethe parish church or church-yard of any parish, (or the mony of baptism chapel or chapel-yard of any chapelry, providing its own formed by other distinct registers) by any minister not being the rector, rector, &c. of vicar, minister, or curate of such parish or chapelry, the parish, how

to be registered, such minister shall, on the same or the next day, transmit to the minister of such parish, &c. or his curate, a certificate of such baptism or burial in the form contained in the schedule (D) to this act annexed ; and such minister or curate shall thereupon enter such baptism, &c.according to such certificate in the book kept pursuant to this act for such purpose, and shall add to such entry the following words “ According to the certificate of the reverend

transmitted to me

By s. 5. the books wherein such entries shall be made, and all register books heretofore All register in use, shall be deemed to belong to every such parish or securely kept by

rector, ge. i chapelry, and shall be kept by and remain in the custody of the rector, vicar, curate, or other officiating minister of each parish, &c. and shall be by him safely kept in a dry well painted iron chest, to be provided and repaired at the expense of the parish, &c. and which chest shall be constantly kept locked in some dry and secure place within the usual residence of such rector, &c. (if resident within such parish, &c.) or in the parish church er chapel; and said books shall not be removed except for the pur- only for the pose of making such entries, or for the inspection of per-ing entries, fc. sons desirous to make search therein, or to obtain copies of the same, or to be produced as evidence in some court of law or equity, or to be inspected as to the state thereof, or for some of the purposes of this act; and immediately

on the

day of

S. 5,

books to be

after

and removed

purpose of maka

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