ILLINOIS UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN Production Note Project Unica Rare Book & Manuscript Library University of Illinois Library at Urbana-Champaign 2015 ¿/ GULIELMI IV. REGIS. ANNO SEXTO **************************************************** CAP. XIX. An Act for separating the Palatine Jurisdiction of the County Palatine of Durham from the Bishop-rick of Durham. [21st June 1830.] 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 from and after the Commencement of this Act the Bishop of Durham for the Time being shall have and exercise Episcopal and Ecclesiastical Jurisdiction only ; and that from and after the Commencement of this Act the Palatine Jurisdiction, Power, and Authority heretofore vested in and belonging to the Bishop of Durham shall be separated from the Bishoprick of Durham, and shall be transferred to and vested in His Majesty, His Heirs and Successors, as a Franchise and Royalty separate from the Crown, and shall be exercised and enjoyed by His Majesty, His Heirs and Successors (as a separate Franchise and Royalty), in as large and ample a Manner in all respects as the same has been heretofore exercised and enjoyed by the Bishop of Durham ; and that all Forfeitures of Lands or Goods for Treason or otherwise, and all Mines of Gold and Silver, Treasure Trove, Deodands, Escheats, Fines, and Amerciaments, and all Jura Regalia of what Nature or Kind soever, which, if this Act had not passed, would or might belong to the Bishop of Durham for the Time being, in right of the County Palatine of Durham, shall be vested in and belong to His Majesty and His Successors in right of the same: Provided always, that 3 Q nothing The Pillatine Jurisdiction of the Bishop of Durham to be separated from the Bishoprick and vested in the Crown.24(5 6° GULIELMI IV. Cap. 19. nothing herein-before contained shall prejudice or affect the Jurisdiction of any of the Courts of the said County Palatine, or any Appointment heretofore made to any Office in the said County Palatine, or any Act whatsoever heretofore done by the Bishop of Durham in right of the said County Palatine. CountyCourt JI. And be it further enacted, That from and after the Commence-to cease. ment of this Act all the Power, Authority, and Jurisdiction of the Court called “ The Court of the County of Durham,” and of the Clerk of the Court of the County of Durham as Judge of the same Court or otherwise, shall cease and determine ; subject nevertheless and without Prejudice to any Proceedings then depending in such Court, as to which the Authority and Jurisdiction of the said Court and of the present Clerk of the said Court shall continue in full Force and Effect, notwithstanding the passing of this Act; and in case of the Death or Removal from Office of the present Clerk of the said Court whilst any such Proceedings as aforesaid shall be still depending therein, the Under Sheriff of the said County shall and may, for the Purpose of any such Proceedings, act as Judge of the said Court, and exercise the same Power, Authority, and Jurisdiction as the present Clerk of the said Court might have exercised if still living and continuing in Office: Provided always, that after the Commencement of this Act the Sheriff for the Time being of the said County Palatine shall and may have and exercise the same Power of holding a County Court, and the same Jurisdiction therein, as is usually had and exercised by Sheriffs of other Counties in England. Custos Rotu- III. And be it further enacted and declared, That after the passing '«rum to be cf this Act it shall be lawful for His Majesty and His Successors appointed. tQ appoint a Custos Rotulorum of the said County of Durham, and from Time to Time to appoint to that Office on every future Vacancy thereof. Compensa- IV. And whereas it is expedient that due Provision shall be made tion ‘« Per- for the Compensation of any Person or Persons deprived of his or their by'tbe Pres Office or Offices in the County of Durham, for the Losses he or they visions of the may sustain by the Abolition of his or their Office or Offices, or Act. Reduction of his or their Fees, by virtue or in consequence of this Act; be it therefore enacted, That from and after the Commencement of this Act there shall be issued, paid, and payable, out of and charged upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland, to the Person or the several Persons appointed before the Twenty-fifth Day of March One thousand eight hundred and thirty-six to any Office or Offices in the County of Durham which shall be abolished or affected by virtue of this Act, free and clear of all Taxes and Deductions whatsoever, such Sums of Money, at such Times, by way of Annuity or otherwise, as, having regard to the Manner of his or their Appointment to such Office or Offices, and the Term and Duration thereof and all the Circumstances of the Case, shall be adjudged and determined to be due to such Person or Persons respectively by any Commission to be appointed by His Majesty, or by virtue of any Act of Parliament, for the Purpose of determining the Amount of the Compensation that ought to be due and payable in suchoVq? / 6° GULIELMI IV. Cap. 19. 247 such Cases ; and that in the meantime and until Compensation shall be awarded and determined in manner aforesaid, or the Time shall have elapsed that may he appointed for claiming the same, it shall he lawful for the Commissioners of His Majesty’s Treasury of the United Kingdom of Great Britain and Ireland, or any Three of them, to issue their Warrants for the Payment to such Person or Persons as aforesaid, out of the said Consolidated Fund, of such half-yearly or quarterly Allowances as to the said Commissioners shall seem reasonable, both as to the Amount and Times of Payment, on account of such Compensation as may thereafter be awarded to the said Parties respectively. V. Provided always, and be it further enacted, That no Person Restrictions shall be entitled to receive any such Compensation or Allowance as as to Com-aforesaid who shall not previously make a full and true Statement to Pensa,,ons-the said Commissioners of His Majesty’s Treasury, to be verified on Oath before a Judge, or Master or Master Extraordinary in Chancery, if they shall think fit so to direct, of the Amount of the Salary, Fees, and Emoluments of such Office, and of the Disbursements and Outgoings of the same, for the Space of Ten Years before the passing of this Act; and that such Compensation or Allowance shall cease altogether or be reduced in Amount, as the Case may be, whenever the Party entitled to receive the same shall be placed in any other public Office of which the Salary and Emoluments shall be equal to the Whole or to Part of such Compensation or Allowance, so that in the last-mentioned Case no Person shall be entitled to receive more of such Compensation or Allowance than shall be equal to the Difference between the full Amount thereof and the Amount of the Salary and Emoluments of the Office in which he may be hereafter placed. VI. Provided always, and be it further enacted, That nothing in Reservation this Act contained shall affect the Right of any Person holding a ?VaJ*npa Patent of any Office, whether abolished by this Act or not, to receive tentees. any Fee or Stipend granted by such Patent out of the Revenues of the Bishoprick of Durham ; and that such Revenues shall continue and be subject to all the same Fees and Stipends in respect of any Office in the said County of Durham as the same have been heretofore subject to. VII. And be it further enacted, That in the Interpretation Extent of the of the Clauses and Provisions herein-before contained the Words Words “ County of Durham” shall comprise and mean the County of Dur-ham and Sadberge, including the detached Parts of Craikshire, Bed-lingtonshire, Norhamshire, Allertonshire, and Islandshire, and all other Places heretofore within the Jurisdiction of the Bishop of Durham in right of the said County Palatine. VIII. And be it further enacted, That this Act shall, as to all Commence-the foregoing Matters not otherwise provided for, commence and take ment of Acl-effect upon and from the Fifth Day of July in this present Year, and shall, as to all the Matters herein-after provided for, commence and take effect from the passing thereof. IX. Pro-248 Reservation of Rights to the Bishop-rick. The Bishop to take and hold subject to future Provision1*. 6° GULIELMI IV. Cap. 19. IX. Provided always, and be it further enacted, That nothing herein-before contained shall have the Effect of severing or separating from the said Bishoprick, or of affecting the Rights and Powers of the said Bishop in, over, or upon or with respect to any Lordships, Manors, Houses, Lands, Tenements, Tithes, Rents, Collieries, Mines, Minerals, Rectories, Advowsons, Profits, or Emoluments of any Kind or Description whatsoever, whether held in right of the said Bishoprick or in right of the said County Palatine, or otherwise howsoever, other than and except only any Profits and Emoluments herein-before expressly mentioned and directed to be severed therefrom. X. And be it further enacted, That from and after the passing of this Act the Bishop of Durham elect, or Bishop of Durham for the Time being, shall take and hold the said Bishoprick, and all the Property, Patronage, and Rights belonging thereto, except as hereinbefore provided, subject to and under any Provisions which shall be made by or under the Authority of Parliament with respect to the said Bishoprick within the Space of Three Years next after the passing of this Act ; any Law, Statute, or Canon to the contrary notwithstanding. LONDON: Printed by George Eyre and Andrew Spottiswoode, Printers to the King’s most Excellent Majesty. 1836.