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COMMON-LAW CAUSE LISTS, MICHAELMAS
HILARY TERM, 1854.
Hill o. Oliver } cherson v. Oliver (in error) is , Brodie o. Oliver J disposed of.
Court of Erchequer.
11 Crown Cases.
Middlesex third Siti
| Moved Hilary Term, 1854.
Lond.-Evans v. Elsam Moved Easter Term, 1853.
Gibson v. Sturge
Same v. Same Midd.-Morewood v. Tupper.
CROWN PAPER, MICHAELMAS TERM, 1854. Cornwall ..... Reg. v. Churchwardens, &c. of Wendron. London ......
PEREMPTORY PAPER. To be called on the first Day of Term after the Motions, and to be proceeded with the next Day, if necessary, before
the Motions. Allen v. Preece (To set aside verdict for plaintiff, and to enter
the same for the defendant).
| Broadwood v. Granara.
Court of Common Pleas.
PUBLIC GENERAL STATUTES.
17 & 18 VICTORIÆ.-SESSION 2.
(Continued from p. 403).
An Act to amend the Laws relating to the Militia, and for
raising a Volunteer Militia Force, in Ireland. First Day.
Second Day. Wood v. Governor and Co. of | In re Behrend v. Bremer
_ [11th August, 1854.] Copper Miners in England | Until after Actions in Q. B.
CAP. CVII. In re Vann
An Act to suspend the making of Lists and the Ballots for Simmons v. Mack | Dawson v. Williams. the Militia of the United Kingdom.
[11th August, 1854.] DEMURRER PAPER.
Sect. 1. Meetings relating to the militia of the United Campanan v. Woodburn Kingdom and ballots for such militia suspended. Thursday, Nov. 9. Smith v. Humble
2. Proceedings may be had during such suspension by Order Deacon v. Gridley
Monday, Nov. 13. in Council.
3. Saving for certain meetings relating to the militia. Chilton v. Carrington | Mays v. Carmell.
An Act to defray the Charge of the Pay, Clothing, and conCUR. ADV. VULT.
tingent and other Expenses of the Disembodied Militia in Lewis v. Clifton Jay v. Halksworth In re Ollerton. | Great Britain and Ireland; to grant Allowances in certain Cases to Subaltern Officers, Adjutants, Paymasters, Quar-| 34. Bills drawn for pay, &c. may be on unstamped paper. termasters, Surgeons, Assistant Surgeons, Surgeons' Mates,| 35. No fee to be taken. and Sergeant-Majors of the Militia ; and to authorise the 36. All things in this act relating to counties shall estadt Employment of the Non-commissioned Officers.
ridings, shires, &c.
(11th August, 1854.] 1 37. Continuance of act. Sect. 1. Secretary-at-War to issue the money required for pay of regular militia. Rates of pay. Rates of pay when ab.
CAP. cx. sent on surlough. Clothing. Contingent fund.
An Act to provide for the Repayment of Monies adransa 2. Adjutant, &c. to reside where the Secretary-at-War shall from the Exchequer to the County of Mayo for Public Par appoint.
- [11th August, 1834.) * 3. Adjutants and non-commissioned officers of militia may be employed in their counties.
CAP. CXI. 4. Adjutant to have charge of the arms and clothing, and An Act to continue and amend the Metropolitan Sewers 1 to issue the money for contingent expenses on an order signed
[11th August, 1854) by the colonel. Balance to form a stock purse.
Sect. 1. Metropolitan Sewers Acts continued till the 318 5. In absence of the adjutant, the sergeants to be under August, 1855. the command of the sergeant-major.
2. Pending vacancy in office, or during absence of chairas 6. Militia when called out for training or exercise entitled or deputy chairman, commissioners present to appoint a person to pay.
to preside at court. 5. Volunteers attached to regiments of the line to be sub- 3. Limit of amount to be borrowed on security of a ject to the Mutiny Act.
600,0001. 8. Allowances to certain subalterns and surgeons' mates and 4. No priority amongst mortgagees or annuitants, esce assistant surgeons. Rank of certain officers.
| with respect to existing charges. 9. A declaration to be taken to entitle officers, &c. to such 5. Securities to continue valid notwithstanding the expira allowances. Form of declaration.
|tion of the act or the discontinuance of the commission. 10. Secretary-at. War may place certain officers unfit for 6. Quarter sessions of the metropolitan counties to let duty upon a retired allowance, upon making the following de- rates required for such securities. claration. Form of declaration.
7. Separate districts may be formed for sewerage purposes 11. Allowances to officers reduced in 1829.
places where no sewers rate at present raised. 12. A declaration to be taken by officers claiming the said 8. Inhabitants to elect sewerage board of such districts. allowances. Form of declaration.
9. Mode of elections. 13. Out-pension to reduced non-commissioned officers and
10. Qualification of members. drummers not to be receired while serving.
ll. Members of sewerage board to continue in office till e 14. Subalterns, mates, &c. to attend the exercise, &c. 31st August, 1855. Commanding officers muy grant leave of absence.
1 munayo" appomed. 15. If the regiment be not called out before the time fixed for the payment, the allowance shall be paid, on making the
13. Power of sewerage board to make rates, &c.
e paid, on making the 14. This act incorporated with the 11 & 12 Vict. c. 112. declaration, without certificate of attendance 16. Allowances iv be paid quarterly.
15. Saving as to certain provisions of the 12 & 13 Vid
c. 93, and the 16 & 17 Vict. c. 125. 17. On neglect of attendance, subalterns, &c. shall forfeit allowance. 18. Allowance not to be paid while the militia embodied.
CAP. CXII. 19. Act not to give right to allowances on future disembo. An Act to afford greater Facilities for the Establishment a diment.
Institutions for the Promotion of Literature and Sciese 20. Persons on half-pay, or entitled to allowance as having I and the Fine Arts, and to provide for their better Regulation served in the army or navy, empowered to receive pay, &c.
[llth August, 1854.) during training. 21. Adjutants, &c., non-commissioned officers, or prirates,
CAP. CXIII. not to lose their right to Chelsea or Kilmainham pensions, &c. | An Act to amend the Law relating to the Administration a 22. Allowance to be made for medicines.
1 the Estates of deceased Persons. [11th August, 1854.] 23. Adjutants appointed before the 24th December, 1814, | Sect. 1. Heir or Devisee of Real Estate not to claim Payn entitled to receive, after a service of twenty years, if unfit for
of Mortgage out of Personal Assets. Not to effe further service, an allowance of 8s. per day, provided they do not hold certain other appointments. Adjutants appointed
Rights claimed under any Will, &c. before the la
January, 1855. since the 24th December, 1814, entitled to receive, after thirty years' service, &c., an allowance of 68. per day. Right
2. Extent of Act. to half-pay reserved. Certain terms extended to adjutants in Whereas it is expedient that the law whereander the real an cases of long and meritorious services.
personal assets of deceased persons are administered should b 24. Allowances to adjutants, surgeons, and quartermasters.
amended: be it enacted, &c. as follows:25. Reduced adjutants to receive 48. per day till the 31st
Sect. 1. When any person shall, after the 31st Decemba July, 1855. Right to half-pay reserved.
1854, die seised of or entitled to any estate or interest in an 26. Adjutants and sergeant-majors entitled to allowance | land or other hereditaments which shall at the time of di under the 39 & 40 Geo. 3, c. 44.
death be charged with the payment of any sum or soms a 27. Allowances granted to adjutants who have been ap. money by way of mortgage, and such person shall not, b pointed since the 24th December, 1814, &c., on completion of his will or deed or other document, have signified any con certain periods of service. No adjutant whose commission
trary or other intention, the heir or devisee to whom sed bears date between the 24th December, 1814, and the 9th July, land or hereditaments shall descend or be de 1823, excluded. Right to half-pay and pension reserved. | be entitled to have the mortgage debt discharged or satis
28. Reduced adjutants diay take such allowance with any fied out of the personal estate or any other real estate a pay or other allowance under the 39 & 40 Geo. 3, c. 44, and the such person, but the land or hereditaments so charged sbal 26 Geo. 3, c. 107. Proviso.
as between the different persons claiming through or under to 29. Restrictions as to allowances to reduced adjutants of the deceased person, be primarily liable to the payment of all port local militia.
| gage debts with which the same shall be charged, every part 30. Allowance to clerks of general meetings, &c.
thereof, according to its value, bearing a proportionate part a 31. Manner of granting allowances. Clerks, &c. to make the mortgage debts charged on the whole thereof: provide declaration of the justness of their accounts.
always, that nothing herein contained shall affect or diminis 32. Deputy lieutenants may require the attendance of any any right of the mortgagee on such lands or hereditaments to surgeon residing near the place of meeting for appeals. De obtain full payment or satisfaction of his mortgage debt eitha claration to be made by surgeon. Allowance to surgeon. out of the personal estate of the person so dying as aforesaida
33. Pay, &c. to be issued under directions of the Secretary otherwise : provided also, that nothing herein contained sal at War.
| affect the rights of any person claiming under or by virtue
F will, deed, or document already made or to be made before | 32. Restrictions on Sale. e ist January, 1855.
33. Regard to be had to yearly Tenancies and other tem. 2. This act shall not extend to Scotland.
porary Interests. 34. Power to sell, subject to annual Sums, and also to
'Incumbrances, in certain Cases. CAP. CXIV.
35. Sale by Commissioners. n Act to extend the Rights enjoyed by the Graduates of the
36. Saving of certain Rights. Universities of Oxford and Cambridge in respect to the 37. Payment of Purchase Money. Practice of Physic to the Graduates of the University of 38. Effect of Conveyance. London, - [11th August, 1854.] 39. Commissioners may order Delivery of Counterparts
of Deeds, &c., and Possession, lo Purchaser. CAP. CXV.
40. Where an Incumbrancer purchases, Commissioners in Act to amend the Law relative to the Removal of Prisoners
may authorise Payment into the Bank of Balance in Custody. [11th August, 1854.]
of Purchase Money, after retaininy Amount of Sect. 1. If common gaol be adapted for reception of debtors
Incumbrance. 3 a class, they may be removed thereto.
41. Application of Purchase Money. 2. No such removal to take place till after certificate by in. 42. Application of Money where Owner not absolutely pector of prisons.
entitled. 3. After such removal debtors may be sent to such gaol.
43. Appointment of new Trustees. 4. Where governor of common gaol appointed by other au
44. Provision where a Part only of Land subject to an hority than sheriff, it shall be lawful for him to give security.
Incumbrance is sold. 5. Sheriff not relieved from present obligations.
45. Provision for setting aside Monies to meet Incum. 6. Present powers for disposing of unnecessary prisons not
46. No Payment, not being in full, to affect Right of 7. Allowances to keepers of gaols to be continued where
Incumbrancer for Balance, and no Payment in superseded by this act.
respect of any Incumbrance to impair Remedy
over. CAP. CXVI.
47. Purchase Money may be invested. An Act to continue and amend an Act to facilitate the Ma.
48. Power to Commissioners to order Money to be paid nagement and Improvement of Episcopal and Capitular |
into Court of Chancery. Estates in England.
[11th August, 1854.]
49. Lands included in different Applications and diffe
rent Interests in the same Land may be included CAP. CXVII.
in the same Sale. An Act to facilitate the Sale and Transfer of Incumbered 50. Provision for Persons under Disability. Estates in the West Indies. [11th August, 1854.]
51. Proceedings not to abate by Death, &c.
52. Costs. Preliminary.
53. Sales under this Act may be made notwithstanding Sect. I. Short Title of Act.
Proceedings in any other Court. 2. Act how to come into Operation.
54. After Order by Commissioners for Sale, Proceedings 3. Interpretation of certain Terms in this Act.
for a Sale under Decree to be stayed, and no Suit, Constitution and Powers of Commissioners.
&c. to be commenced, without Leave of Commis. 4. Three Commissioners to be appointed under Sign
sioners, pending Proceedings under this Act. manual.
Powers of Commissioners as to Partition, Exchange, Division, 5, Style of Commissioners.
and Allotment. 6. Residence of Commissioners.
55. On Application for Sale of an undivided Share, or 7. Power to appoint Local Commissioners.
after Sale, Commissioners may, on Application of 8. Commissioners to have a common Seal.
Party interested, and giving Notices and hearing 9. Power to appoint and remove Secretary, Clerks, &c.
Parlies, make Order for Partition. 10. Duration of Office and Powers of Commissioners.
56. On Application for Sale or after Sale, Commissioners, 11. Commissioners incapable of silting in Parliament. 12. Salaries of Commissioners, &c., and out of what
on Application of Party interested, and with Con.
sent, may make Order for Exchange. Funds paid. 13. Power of Commissioners to fix Scale of Fees.
57. Partition may be made of Land where Shares are
not subject to be sold under this Act. 14. Expenses of Act, how provided for.
58. Bxchanges may be made of Land: not subject to be 15. Oath of Commissioners.
sold under this Act. 16. Publication of Appointment of Commissioners. 17. Commissioners to be a Court of Record.
59. Division of intermixed Lands not subject to be sold
under this Act. 18. Powers of Commissioners, by whom to be exercised. 19. Commissioners to frame and promulgate Forms of
60. Notices of Partitions, Exchanges, and Divisions to Application, &c.
be given. 20. Commissioners to make General Rules for regulating Conveyances and Proceedings of Commissioners. Proceedings under this Act.
61. Conveyance, Assignment, and Orders for Partition, 21. Rules to be laid before Privy Council.
Exchange, or Division and Allotment, conclusive. 22. Power to Commissioners to summon Wilnesses, &c. 62. Proceedings before Commissioners not to be re. 23. Power to Commissioners to proceed upon Affidavits,
strained by Injunction, &c. and to appoint Persons to take Affidavits and 63. Commissioners not to be liable in respect of Acts Examinations,
done bona fide. 24. Power of Commissioners to direct Trials and Issues 64. Penalty for false swearing.
of Fact. 25. Power of Commissioners to enforce Orders.
65. Orders may be reviewed by Commissioners; and Sales by Commissioners, and Distribution of Purchase Monies.
Appeal to Privy Council. 26. Power of Commissioners to sell Land in Colonies,
Power to alter Provisions of Act. upon Ayplication of the Incumbrancer. 27. No Application to be entertained unless Costs of any
66. Power of Commissioners to make Alterations. previous Application paid.
67. Orders to be submitted to Legislature of Colony, and 28. Application to be made by legal or beneficial Owners.
confirmed by Queen in Council. 29. When Incumbrance subject to Limitations, the first
68. Order may be allered. Person entilled &c. to make Application.
69. Act how to come into Operation. 30. Form of Application, and to whom to be made. Whereas it is expedient that facilities should be given for 31. Duty of Commissioners on Application for Sale | the sale and transfer of incumbered estates in the several West Indian colonies mentioned in the schedule hereto: be it ! 10. The offices of the commissioners, and all powers, rights, enacted &c. as follows:-
and privileges pertaining thereto, shall continue and be in force Preliminary.
only for a period of six years next ensuing the date at which Sect. 1. This act may for all purposes be cited as " The
this act takes effect, and from thenceforth until the next session West Indian Incumbered Estates Act, 1854."
of Parliament. 2. This act shall not take effect until her Majesty bas, by
11. No commissioner shall during his continuance in office be Order in Council, to be made as hereinafter mentioned, directed capable of being elected or of sitting as a member of the House the same to come into operation in one or more of the said i of
aid of Commons. scheduled colonies.
12. There shall be paid out of monies to be provided by 3. In the construction and for the purposes of this act the
Parliament, following terms shall have the respective meanings hereinafter
To the chief commissioner, two assistant commissioners, assigned to them; that is to say,
chief secretary, and to all such assistant secretaries, clerks, " Land" shall extend to sugar and other plantations, mes.
messengers, and officers as may be appointed by the chief suages, tenements, and hereditaments, corporeal and in
commissioner in England, such salaries as the Commis. corporeal, of every tenure or description, and shall include
sioners of her Majesty's Treasury may from time to time and denote that estate or interest in any hereditaments
recommend, so that the same do not exceed in the follor. which any person applying for a sale is possessed of, is
ing cases the sums hereinafter mentioned ; that is to say, entitled to, or has any mortgage, charge, or incumbrance
In the case of the chief commissioner, the sum of 20001. by upon :
the year : " Incumbrance" shall mean any debt, portion, legacy, or
In the case of each assistant commissioner, the sum of 15001. other sum of money constituting a charge or lien on land,
by the year. or raiseable out of land :
The salaries of the local commissioners, and of all such assist“ Incumbrancer" shall mean any person entitled to such
ant secretaries, clerks, messengers, and officers as may be apincumbrance, or entitled to require the payment or dis
pointed under this act in any colony, shall be paid out of charge thereof :
monies to be provided by the colonies, as hereinafter men. “ Possession” shall include the receipt of the rents and
tioned. profits :
13. The commissioners may fix such scale of fees to be paid “ Owner" shall mean any person entitled in possession to
in respect of proceedings under this act, both in England and land, or the receipt of the rents and profits thereof, or
the colonies, as they think fit, but all fees to be paid in any who would be so entitled if there were no incumbrances
colony shall be subject to disallowance or alteration by the on such land, for a term of not less than thirty years
Legislature of such colony. unexpired, or for an estate or interest for his own life,
14. All expenses incidental to carrying this act into execuor for an estate or interest determinable on the dropping
tion, and not being such salaries as aforesaid, or defrayed by of any other life or lives, or for any greater estate or
fees, shall be paid for, if incurred in England, out of monies to interest :
be provided for that purpose by Parliament, and if incurred in " Person and owner" shall extend to a body politic or cor.
any colony, by monies to be provided for that purpose by the porate, as well as to an individual :
Legislature of such colony in manner hereinafter mentioned. " Commissioners' shall mean the persons appointed com
15. Every commissioner and local commissioner appointed missioners for the sale of incumbered estates in the West und
under this act shall, before he enters upon the execution of his Indies, as hereinafter mentioned.
office, take the following oath ; that is to say,
"I, A. B., do swear that I will faithfully, impartially, and Constitution and Powers of Commissioners.
honestly, according to the best of my skill and judgment, 4. It shall be lawful for the Commissioners of her Majesty's fulfil all the powers and duties of a commissioner under an act Treasury for the time being to appoint any number of persons, passed in the year of the reign of Queen Victoria, inti. not exceeding three, to be commissioners under this act during tuled (here set forth the title of this act.]" her Majesty's pleasure, and upon every vacancy in the office And such oath shall, in the case of the chief commissioner and of any such commissioner in like manner to appoint some other assistant commissioners, be taken before one of the judges of person to such office; and the said persons so to be from time her Majesty's superior courts in England, and in the case of any to time appointed shall be commissioners for the execution of local commissioner, be taken before the judge of the supreme this act, and shall be styled “ The Commissioners for Sale of court of the colony for which he is appointed commissiogier. Incumbered Estates in the West Indies."
16. The appointment of every commissioner and local com5. Of the above commissioners, one shall be styled “The missioner shall be published as follows; that is to say, Chief Commissioner," and the other or others shall be styled The appointment of the chief commissioner and assistant " The Assistant Commissioner or Commissioners.”
commissioners, in the London Gazette: 6. The chief commissioner shall be a barrister-at-law of not The appointment of any local commissioner, in the news. less than ten years' standing, and shall reside in England ; the paper of the colony in which Government notices are assistant commissioners shall from time to time be employed usually published: in the execution of this act in such manner as the chief com- and no commissioner or local commissioner shall act until missioner may direct.
publication as aforesaid bas been made of his appointment. 7. For the purpose of aiding in the execution of this act, the 17. The commissioners shall constitute one court of record, governor or other person administering the government of any having, for the purposes of this act, and subject to the procolony may appoint to be local commissioners for such colony visions thereof, jurisdiction throughout England and any colony during pleasure any number, not exceeding three, of the fol. or colonies within which this act comes into operation; and lowing persons; that is to say,
all proceedings, inquiries, suits, or trials to be taken, made, Any vice-chancellor, chief justice, judge, attorney-general, or had under this act, and all investigations of any matters or
solicitor-general, or other legal or public officer bolding things arising out of or incidental to any such proceedings, inany office in the colony in which such appointment is quiries, suits, or trials, may, subject to the provisions herein. made; or
after contained, be at any stage or at any time transferred from Any other person usually resident in such colony.
England to any colony, or from any colony to England. 8. The commissioners shall cause to be made for their com. 18. All acts, matters, and things which the commissioners mission such seal or seals as they may require, and shall cause are by this act empowered to do, and all the powers and auto be sealed with one of such seals all orders, conveyances, and thorities hereby given to them, may, under any order of the other instruments proceeding from the commissioners in pur-commissioners made for that purpose, be done or exercised by suance of this act; and all such orders, conveyances, and other the person or persons hereinafter mentioned ; that is to say, instruments, or copies thereof, purporting to be sealed with in England, by the chief commissioner, either alone or with such seal of the commissioners, shall be received in evidence one assistant commissioner: without any further proof.
In any colony, by any assistant commissioner, either alone 9. The Commissioners of her Majesty's Treasury may from or jointly with the local commissioners of such colony, or time to time appoint and remove a chief secretary, and also any one of them, or by the local commissioners or comsuch assistant secretaries, clerks, messengers, and officers as missioner of such colony, or any two of them, if more they may deem necessary for the purposes of this act.
19. The commissioners shall frame, and cause to be printed! The punishing persons refusing to give evidence, or guilty nd circulated, or otherwise promulgated, as they see occa
of a contempt, ion, forms of application and directions indicating the par. The enforcing any order whatever made by them under any iculars of the information to be furnished to the commis of the powers or authorities of this act, ioners when any, application is made to them under this act, have in England all such powers, rights, and privileges as are rith reference to title, incumbrances, and the circumstances of possessed by the High Court of Chancery for such or the like and, and such other information as in the judgment of the purposes in relation to any matter depending in such court, ommissioners may assist them in forming an opinion on such and have in any colony within their jurisdiction all such ipplication, and also such other forms and directions as the powers, rights, and privileges as are possessed by the supreme ommissioners may deem requisite or expedient for facilitating court of judicature in such colony for such or the like purposes roceedings under this act.
in relation to any matter or thing depending in such court ; 20. The commissioners shall, having regard to the laws and and it shall be lawful for the commissioners in any such colony isages of each colony in which the same are intended to take as aforesaid either to carry into effect such powers, rights, and effect, frame rules for the following purposes; that is to say, privileges by officers appointed by themselves, or to request For regulating the course of procedure under this act; the any such court of judicature as aforesaid, or any officer thereof,
several powers and duties of the assistant and local com to enforce any orders made by them, and such court or officer missioners; the conduct of proceedings in England and sball thereupon enforce the same accordingly. the colonies; and the transfer thereof from England to the colonies, and from the colonies to England :
Sales by Commissioners, and Distribution of Purchase For securing the prompt and due distribution and payment
Monies. of the monies received upon sales under this act amongst
26. Subject to the restrictions hereinafter mentioned, where or for the benefit of the persons entitled thereto :
any land situate in a colony within the jurisdiction of the comFor the protection, in respect of such monies, of the in- missioners is subject to any incumbrance, the commissioners
terests of persons under disability, and of future interests : shall have power to sell the same, or such part thereof as they For the protection of the interests of absent parties, and of think fit, upon application made to them in manner herein
the interest of parties in cases where the proceedings are after mentioned by the owner of such land or any incum
transferred from England to the colonies, or vice versâ : brancer thereon. Generally for the due execution of the powers vested in the 27. Where an application for a sale of any such land as
commissioners under this act, and for giving effect to the aforesaid has been made to any competent tribunal in the provisions and objects thereof :
colony, and dismissed with costs, no application by the same and all rules so made shall, unless disallowed in manner here. party for a sale of the same land, or any part thereof, shall be inafter mentioned, have the same force as if they had been entertained by the commissioners unless it is shewn that such enacted by Parliament.
costs have been paid. 21. All rules made under the above authority shall be laid 28. Where any such land as aforesaid is vested in any perbefore her Majesty in Council, and it shall be lawful for her son or persons in trust for any owner, an application for the Majesty by Order in Council to disallow the same, and any : sale thereof may be made by such owner, either with or withrule so disallowed shall from the date of its disallowance be out the concurrence of such trustee or trustees, or by such void, but all matters and things previously done in pursu. trustee or trustees with the concurrence of such owner ance thereof shall have the same validity as if no such dis. 29. Where any incumbrance is vested in a trustee or trusallowance had taken place.
tees, or settled on divers persons in succession, the commis22. The commissioners shall bave power
sioners may act on an application made by such trustee or 1. To require, by summons under their seal, the attendance trustees, or by the first person entitled to the income of such
before them, at a time and place to be mentioned in such incumbrance, or by any other person having, in the opinion of summons, of all such persons as they may think fit to the commissioners, an amount of interest in the incumbrance examine in relation to any question or matter depending sufficient to justify his making an application for a sale. before them :
30. Every application for a sale of land under this act shall 2. To require, by a like summons, all such persons to pro. be in such form as the commissioners direct, and may, subject duce before them all deeds, books, papers, documents, to any rules to be framed by the commissioners, be made, at and writings relating to such question or matter :
the discretion of the applicant, either to the commissioners 3. To examine upon oath, or, in the case of persons allowed acting in England, or in the colony in which such land is
to make affirmation or declaration in lieu of an oath, situate. upon affirmation or declaration, (as the case may require), ! 31. The commissioners shall, upon the receipt of such apall persons attending under such summons, and all per. plication as aforesaid, make such inquiries as to the circumsons attending voluntarily as witnesses.
stances of the land in respect of which the same is made, and 23. The commissioners may, in their discretion, receive in of the parties interested therein, either as incumbrancers, evidence affidavits; and such affidavits may be made in any owners, or otherwise, and direct such notices to be given, as part of her Majesty's dominions before any person empowered they think necessary to enable them to form a judgment as to by law to take affidavits, and in any other part of the world the expediency of a sale, and shall hear, by themselves, their before any person authorised by order under the seal of the counsel or agents, any persons interested in such land who commissioners to take affidavits ; and the commissioners may may apply to them to be heard, and shall, upon the conclusion by a like order under their seal authorise any person in any of such inquiries, and after hearing such parties, if any, as part of the world to examine, in such manner as they think fit, aforesaid, make such order in the premises as to the allowance any witness or witnesses in relation to any application to or or disallowance of a sale of such land as they think just. matter pending before the commissioners, and to administer 32. No sale sball be made by the commissioners of any land oaths, affirmations, or declarations for the purpose of such in the cases following: examination.
Where the amount of yearly interest on the incumbrances 24. The commissioners, in relation to any matter or question attaching to the land in respect of which any applicabefore them, shall have power
tion is made, and to any other land subject to the same To send cases for the opinion of any court of law or equity incumbrances, does not exceed one-half of the net yearly
sitting in England or in any colony within their jurisdic. value of such land and other land, if any, such yearly tion :
value to be calculated on the average profits or income To send questions of fact to be tried in England by a jury, derived therefrom after deducting all necessary outgoings
or in any such colony as aforesaid either by a jury or in during the preceding seven years, or during such other any other manner in which questions of fact are usually period as the commissioners may, having regard to any tried in such colony.
special circumstances, think fit : 25. In all cases within their jurisdiction, the commissioners Where, for any reason whatever, it appears to the commisshall, with respect to the following matters, that is to say,
sioners unjust or inexpedient that a sale should be made. The enforcing the attendance of persons summoned to give 33. In making any sale of land under this act, the commisevidence,
sioners shall have regard to the interests of any yearly tenants The enforcing the production of deeds, books, papers, docu- or other persons, not being incumbrancers, who may be entiments, and writings,
tled for the time being, by themselves or their agents, to receive