ILLINOIS
UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN
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Unica Project Rare Book & Manuscript Library University of Illinois Library at Urbana-
Champaign
2013ANNO SEXTO
GULIELMI IV. REGIS.
■
C A P. 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 as-
sembled, 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 here-
tofore 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 Palatine
Jurisdiction
of the Bishop
of Durham to
be separated
from the
Bishoprick
and vested in
the Crown.246	6° GULIELMI IV. Cap. 19.
nothing herein-before contained shall prejudice or affect the Jurisdic-
tion 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 JJ. 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 depend-
ing 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 Commence-
ment 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.
III. And be it further enacted and declared, That after the passing
of this Act it shall be lawful for His Majesty and His Successors
to 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 to Per- for the Compensation of any Person or Persons deprived of his or their
bv'uie^Pro-'1 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
such
Custos Rotu-
lorum to be
appointed.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 be appointed for claiming the same, it shall be
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 reason-
able, 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 Pei,satlons-
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 Out-
goings of the same, for the Space of Ten Years before the passing of
this Act; and that such Compensation or Allowance shall cease alto-
gether 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
Patent of any Office, whether abolished by this Act or not, to receive teiltees.
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 here-
tofore subject to.
VII. And be it further enacted, That in the Interpretation Extent of tlie
of the Clauses and Provisions herein-before contained the Words w°rds
“ County of Durham” shall comprise and mean the County of Dur- Ourhani.^ °f
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 Act'
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
Provision«.
0° 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 De-
scription 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 ex-
pressly 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 herein-
before 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.