Durham County Palatine Act 1858 Explained

Short Title:	Durham County Palatine Act 1858^[1]
Type:	Act
Parliament:	Parliament of the United Kingdom
Long Title:	An Act to amend the Provisions of an Act of the Sixth Year of King William the Fourth, for separating the Palatine Jurisdiction of the County Palatine of Durham from the Bishoprick of Durham; and to make further Provision with respect to the Jura Regalia of the said County.
Year:	1858
Citation:	21 & 22 Vict. c. 45
Royal Assent:	23 July 1858
Commencement:	23 July 1858^[2]
Status:	amended
Original Text:	http://www.legislation.gov.uk/ukpga/Vict/21-22/45/contents/enacted
Uk-Leg Title:	Durham County Palatine Act 1858

The Durham County Palatine Act 1858^[1] (21 & 22 Vict. c. 45) is an Act of the Parliament of the United Kingdom.

Preamble

The preamble was repealed by section 9(2) of, and Part I of the Third Schedule to, the Crown Estate Act 1961.

Section 1 – Definition of the words "the county of Durham"

The section reads:

"The said recited Act" means the Durham (County Palatine) Act 1836 (6 & 7 Will. 4. c. 19) which was recited in the preamble. Section 7 of that Act contained a definition of the expression "County of Durham".

Section 2 – The interest of the bishoprick of Durham in the foreshores of the county of Durham vested in Her Majesty

This section now reads:

The words omitted were repealed by section 9(2) of and Part I of the Third Schedule to, the Crown Estate Act 1961.

Section 3 – Certain leases by the Bishop confirmed, but rents received under some of them to be apportioned

This section was repealed by section 9(2) of and Part I of the Third Schedule to, the Crown Estate Act 1961.

Section 4 – Rents and proceeds from the foreshores of Durham to be divided equally between the Crown and the Ecclesiastical Commissioners

The references to the Crown Estate Commissioners were substituted by virtue of article 2 of SR&O 1924/1370, sections 1(1) and (7) of the Crown Estate Act 1956 and section 1(1) of, and paragraph 4(1) of the second schedule to, the Crown Estate Act 1961.

The words "in the manner prescribed by an Act passed in the Tenth Year of the Reign of His late Majesty King George the Fourth, chapter fifty" (which referred to the Crown Lands Act 1829) were repealed by section 9(2) of and part I of the third schedule to, the Crown Estate Act 1961.

References to the Ecclesiastical Commissioners for England

The references to the Ecclesiastical Commissioners in this section must be construed as references to the Church Commissioners^[3]

Section 5 – Forfeitures and other Jura Regalia vested in Her Majesty in right of Her Crown

This section was repealed by section 9(2) of and part I of the third schedule to, the Crown Estate Act 1961.

Section 6 – General saving

This section was repealed by section 9(2) of and part I of the third schedule to, the Crown Estate Act 1961.

References

• Halsbury's Statutes,

External links

• The Durham County Palatine Act 1858, as amended from the National Archives.
• The Durham County Palatine Act 1858, as originally enacted from the National Archives.

Notes and References

1. The citation of this ct by this short title was authorised by section 1 of, and the First Schedule to, the Short Titles Act 1896. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
2. This act came into force on royal assent because no other date was specified: The Acts of Parliament (Commencement) Act 1793.
3. The Church Commissioners Measure 1947 (10 & 11 Geo. 6. No. 2), section 18(2) (as read with section 2).