« AnteriorContinuar »
Whereas it is expedient that the laws affecting assemblies for towards his maintenance, or support : «be it therefore enacted religious worship should be amended: and whereas by an act &c. as follows:passed in the 1 Will. & Mori[sess. I. c.118]. intituled " An Sect. 1. Sects. 5 and 6 of the said act shall be repealed. Aet for exempting their Majesties' Protestant Subjects dissent
2. In every case in which any juvenile offender shall be deing from the Church of England from the Penalties of certain tained in a reformatory school under the said act, the parent Laws,!'s it is enacted that no congregation or assembly for religious worship shall be permitted or allowed until the place of bute to his support and maintenance a sụm not exceeding 58.
or step-parent, if of sufficient ability, shall be liable to contrisuch meeting shall be certified and registered or recorded as
a week; and it shall be lawful in England and Wales for any described in such act and whereas by an act passed in the two justices of the peace, upon the complaint of any person 52 Geo. 3, c. 156, intituled " An Act to repeal certain Acts, authorised by one of her Majesty's Principal Secretaries of and to amend other Aets, relating to Religious Worship and State to take proceedings in that behalf, to sammon the parent Assemblies, and Persons teaching or preaching therein," it is
or step-parent, as the case may be, and examine into his or enacted that no congregation or assembly for religious worship her ability, and (if on consideration of all the circumstances of of Protestants (at which there shall be present more than the case they think fit) to make an order upon him or her for : twenty persons, besides the immediate family and servants of such weekly payment, not exceeding 58. per week, as they the person in those' house or upon whose premises such meet; shall thinks reasonable, during the whule or any part of the de.! ing, congregation, or assembly shall be had) shall be permitted tention of such javenile offender in such reformatory school, or allowed unless the place of such meeting is certified as de. such payment to be made at such times as hy such order may scribed in such act, and that every person who shall knowingly be directed, to the person so authorised to take proceedings as permit or suffer any congregation or assembly as aforesaid to aforesaid, or to such person as the Secretary of State may from meet in any place occupied by him, until the same shall have time to time appoint to receive the same, and by him to be been so certified, shall forfeit for every time any such congre- accounted for and paid as the Commissioners of her Majesty's gation or assembly shall meet a sum not exceeding 201. nor less
Treasury may direct. than 206., at the discretion of the justices who shall convict for such offence : be it enacted &c. as follows:-- ******
3. In case default be made for the space of fourteen days in Sect. 1. From and after the passing of this act, nothing con- table by such parent or step-parent under such order, such sum
payment of any sum of money which may have become paytained in the above-mentioned acts, or in an act passed in the of money shall in every such case be levied upon the goods and 15 & 16 Vict, c. 36, shall apply to the congregations or assem. chattels of the defendant by distress and sale thereof; and if it blies hereinafter mentioned, or any of them; that is to say
shall appear to the said justices, on confession of defendants or (1). To any.congregation or assembly for religious worship otherwise, or if it shall be returned to the warrant of distress
held in any parish or any ecclesiastical district, and in any such case, that no sufficient goods of the party against conducted by the incumbent, or in case the incum- whom such warrant shall have been issued can be found, it bent is not resident, by the curate of such parish or shall be lawful for the justice to whom such return is made, or district, or by any person authorised by them re- for any other justice of the peace for the same county, riding, spectively,
division, liberty, city, borough, or place, by his warrant as (2). To any congregation or assembly for religious worship aforesaid, to commit the defendant to the house of correction
meeting in a private dwelling-house, or on the pre- or common gaol for any term not exceeding ten days, unless Barz mises belonging thereto:
the sum to be paid, and all costs and charges of the distress, (3). To any congregation or assembly for religious worship and of the commitment and conveying of the defendant to i's meeting occasionally in any building or buildings not prison, (the amount thereof being ascertained and stated in
usually appropriated to purposes of religious worship : such commitment), shall be sooner paid. and no person permitting any such congregation to meet as 4. In Scotland an action for payment of sums for the sup. berein mentioned in any place occupied by him shall be liable port and maintenance of a juvenile offender under the said act: to any penalty for so doing /1 i 12...)
shall and may be raised before the sheriff or any two justices 20 So much of an act passed in the 2 & 3 Will. 4. c. 115, as of the peace within the county in which sentence was passed enacts that her Majesty's subjects professing the Roman Ca- on the offender, or in which the defender in such action may, tholic religion, in respect to their places for religious worship, happen to reside ; and such action shall and may be brougbt shall be subject to the same laws as the Protestant Dissenters by the procurator fiscal of the sheriff .court of such county, are subject to, and so much of an act passed in the 9 & 10 and by no one else ; and it shall be lawful for the sheriff or, Vict. ce-59, as enacts that her Majesty's subjects professing justices before whom such action is brought to inquire into the the Jewish religion, in respect to their places for religious wor circumstances of the party sued, and to decern for payment of ship, shall be subject to the sume laws as Protestant Dissenters such weekly sum, not exceeding 58. per week during the period are subject to, shall be respectively read as applicable to the of detention of such offender, as he or they shall think fit, or, , laws to wbich. Protestant Dissenters in England are subject for in his or their discretion, to dismiss the action; and such dethe time being after the passing of this act.
cree for payment of a weekly sum shall be held to be and bave 1.7.197)
all the effect of a decree in each week for payment of the sum 11.is *75 i 16 it's NO T'I ri
ordered to be paid for such week; and the sums recovered mell the morn CAP. LXXXVII. ? tama shall be accounted for and paid as the Commissioners of ber An Act to atiendft
the 'Act for the better Care and Reformation Majesty's Treasury may directa con of Youthful Offenders, and the Act to render Reformatory
5. It shall be lawful for one of her Majesty's Principal and Industrial Schools in Scotland more available for the Secretaries of State, or in Scotland for the Lord Advocate,
Benefit of Vagrant Children. 7.. (! [14th Augast), 1855.] from time to time, where such Secretary of State or Lord AdSect. 1. Sects: 5 and 6 of The 17 & 18 Vict. c. 86, repealed.
vocate shall in his discretion think fit, 'fo remit all or any part 2. Provision for enforcing contribution by parents to any order under this act. it is iti
of any weekly payment which may have been made payable by
font this sit the maintenance of juvenile offenders in reforma
6. In Scotland any two or more justices of the peace shall - 1993. Recovery of sums ordered to be paid by visioit 196 en tory schools,
within the bounds of their jurisdiction have the same powers as are by the said recited aot conferred? on any sheriff
, magisu at 4. Contribution, how to be enforced in Scotland, as 5. Payments may be remitted by Secretary of State or trate of a burgh, or police magistrato: 1.0 l 1 Lord Advocate.
Pof the last 6. In Scotland justices of peace to have same power crial Schools in Scotland more available for the Benefit of
c. 94, intituled " An Act Reformatory and Indus uith sheriff 7. Powers given to sheriffs, &c. under the 17 & 18 Vagrant Children," certain powers are given to be exercised Vict. c. 74, may be exercised by justices.
in Scotland by sheriffs or magistrates : be it enacted, that all
such powers may be exercised by any justice of the peace in Whereas it is expedient to amend the act of the last session Scotland within the limits of his jurisdiction ; and the word
, 17 & 18 Vict. c. 86, “ for better and Reformation of Youthful Offenders in Great Britain are
the magistrate," as used in the
said last-mentioned acte, en met het
deemed to include the words "justice of the peace. as respects the provision thereby made for charging the parent or step-parent of an offender in certain cases with payments
cessful, costs to be recovered as between subject An Act to facilitate the Erection of Dwelling houses for the
and subject. Working Classes in Scotland. [14th August, 1855.) 2. Defendant entitled to costs if successful against the
Crown. Sect. 1. Persons proposing to form association for erecting
3. Power to judges to make rules and orders for reguor improving dwelling houses under act to apply to sheriff for his sanction.
lation of pleading and practice in Crown suits. 2. Sheriff, if satisfied with contract, plans, &c., may inter- Whereas in divers proceedings instituted by or on behalf of pone his sanction and grant warrant for recording the contract the Crown against the Queen's subjects in respect of matters and proceeding with the undertaking.
relating to the revenue no costs are recovered by the Crown 3. On registration, the members of the association and their except in certain cases, and no costs are paid by the Crown to successors to subsist as an association for the purposes of the the subject : and whereas it is expedient to assimilate the law act, subject to only a limited liability for debts, &c.
as to the recovery of costs in such proceedings by or on behalf 4. Association may acquire property, and sheriff may grant of the Crown to that in force as to proceedings between subject warrant for erection of additional dwelling. houses.
and subject : be it therefore enacted &c. as follows:-5. When work duly executed sheriff to declare so, and till Sect. 1. In all informations, actions, suits, and other legal then not lawful to let or dispose of houses nor transfer shares. proceedings to be hereafter instituted before any court or tri.
6. No engagement lawful except for purposes of association, bunal whatever in the United Kingdom of Great Britain and or beyond stock or rents.
Ireland, by or on behalf of the Crown, against any corporation 7. Title of association to be effectual in perpetuity, without or person or persons, in respect of any lands, tenements, or renewal of the investiture.
hereditaments, or of any goods or chattels, belonging or ac. 8. Rules in contract to be real burthens on the property. craing to the Crown, the proceeds whereof, or the rents or 9. Shares to be deemed moveable estate.
profits of wbich said lands, tenements, or hereditaments, by 10. As to transfer of shares.
any act now in force or hereafter to be passed, are to be carried 11. Contract may provide either that houses may be held to the Consolidated Fund of Great Britain and Ireland, or in and let, or that they may be disposed of in separate lots. respect of any sum or sums of money due and owing to her
12. Where lots are provided to be disposed of, the associa. Majesty by virtue of any vote of Parliament for the service of tion to lodge with sheriff clerk a plan and a register book for the Crown, or of any act of Parliament relating to the public recording transfers thereof.
revenue, her Majesty's Attorney-General, or in Scotland the 13. Mode of disponing lots by the association.
Lord Advocate, shall be entitled to recover costs for and on 14. Recovery of feu duty.
behalf of her Majesty, where judgment shall be given for the 15. Powers of owners in repairing and rebuilding.
Crown, in the same manner, and under the same rules, regu:16. As to subsequent transfers.
lations, and provisions as are or may be in force touching the 17. Mode of registering right of the representative of a party payment or receipt of costs in proceedings between subject and deceased.
subject, and such costs shall be paid into the Exchequer, and 18. Inhibitions and adjudications.
shall become part of the Consolidated Fund. 19. Each dwelling sball constitute a distinct lot, not liable to 2. If in any such information, action, suit, or other pro. subdivision.
ceeding judgment shall be given against the Crown, the de. 20. Fees for recording entries in register book.
fendapt or defendants shall be entitled to recover costs, in 21. The stamp duties on tacks and transfers may be de- like manner, and subject to the same rules and provisions, as noted by impressed or adhesive stamps. Adhesive stamps to though such proceeding had been had between subject and be adapted for certain particulars.
subject; and it shall be lawful for the Commissioners of her 22. Register book open to inspection, and extract of entries Majesty's Treasury and they are hereby required to pay such to be received in evidence.
costs out of any monies which may be hereafter voted by Par23. Power to acquire dilapidated or noisome buildings in liament for that purpose.
3. And whereas the procedure and practice in informations, 24. Court may remit to sheriff to ascertain value. 25. Sheriff to ascertain value according to provisions of Lands Crown in her Majesty's Court of Exchequer is dilatory, and
suits, and other proceedings instituted by or on behalf of the Clauses Act. 26. Value or price, when ascertained, to be lodged in Bank be assimilated as near as may be to the course of practice and
requires amendment, and it is desirable that the same should in name of accountant of Court of Session, and Court there.
procedure now in force in actions and suits between subject upon to adjudge property to association.
and subject : be it enacted, that it shall be lawful for the 27. Accountant to receive claims on money lodged.
Barons of her Majesty's Court of Exchequer in England, or 28. And to prepare a scheme of division. 29. Party dissatisfied with scheme may appeal to Court of Court of Exchequer in Ireland, or any three of them, in their
any three of them, and also for the Barons of her Majesty's Session. 30. Accountant to divide price, retaining the amount an.
respective courts, to make all such general rules and orders
for the regulation of the pleading and practice in such informaclaimed, or to which no right made good.
tions, suits, and other proceedings, and to frame such writs 31. Expenses of procedure. 32. Accountant yearly to lay before Court a state of retained the purpose aforesaid ; and all such rules, orders, or regula
and forms of proceedings, as to them may seem expedient for monies. 33. Interest on monies lodged in Bank to be yearly added to ment be then sitting, immediately upon the making of the
tions shall be laid before both Houses of Parliament, if Parliacapital. 34. Sheriff may in certain cases sanction the disposal of the after the next meeting thereof; and no such rule, order, or
same, or if Parliament be not sitting, then within five days buildings for other objects.
regulation shall have effect until three months after the same 35. Short title.
shall have been so laid before both Houses of Parliament; and 36. Interpretation of terms. 37. Nothing to exempt association from provisions of future such time aforesaid, be binding and obligatory on the said
any rule, order, or regulation so made shall, from and after general acts.
court, and on all courts of error into which any judgment of
the said court shall be carried by any writ of error, and be of CAP. LXXXIX.
the like force and effect as if the provisions contained therein An Act to amend the Provisions of the Huddersfield Burial had been expressly enacted by Parliament: provided always, Ground Act, 1852.
[14th August, 1855.] that it shall be lawiul for the Queen's most excellent Majesty
by any proclamation inserted in the London Gazette, or for CAP. XC.
either of the Houses of Parliament by any resolution passed An Act for the Payment of Costs in Proceedings instituted on and regulations shall have been laid before Parliament, to
at any time within tbree months next after such rules, orders, behalf of the Crown in Matters relating to the Revenue, and suspend the whole or any part of such rules, orders, or removing for the Amendment of the Procedure and Practice in Crown iations, and in such case the whole, or such part thereof as shall Suits in the Court of Exchequer. [14th August, 1855.]
be so suspended, shall not be binding and obligatory on the said Sect. 1. In all Crown suits, &c., where the Crown
courts, or on any other court of common law or court of error.
tire authority of such possession, her Majesty may, by Order in An Act to facilitate the Erection and Maintenance of Colonial Council, fix such dues in respect thereof,' to be paid by the
Lighthouses, and otherwise to amend the Merchant Shipping owner or master of every ship which passes the same or derives
[14th August, 1855.] benefit therefrom, as her Majesty may deem reasonable, and
may in like manner from time to time increase, diminish, or Sect. 1. Short title of act. 17 & 18 Vict. c. 104.
repeal such dues, and from the time specified in such order for COLONIAL LIGHTHOUSES.
the commencement of the dues thereby fixed, increased, or 2. Her Majesty may by Order in Council fix dues for diminished, the same shall be leviable throughout her Majesty's colonial lighthouses.
dominions in manner bereinafter mentioned. 3. No such dues to be leried in any colony without the 3. No such dues as aforesaid shall be levied in any colony consent of the colonial legislature.
unless and until the legislative authority in such colony has, 4. Mode of collecting the said dues. 17 & 18 Vict. either by address to the Crown, or by an act or ordinance duly c. 104, ss. 399, 400, 401.
passed, signified its opinion that the same ought to be levied in 5. Dues to be paid over to her Majesty's Paymaster. such colony. General.
4. The said dues shall in the United Kingdom be collected 6. Dues to be applied to expenses of lighthouse, fc. for by the same persons by whom, and by the same means, in the which they are levied.
same manner, and subject to the same conditions, so far as cir7. Power to borrow money on security of dues. 17 & 18 cumstances permit, by, in, and subject to which the light dues Vict. e. 104, 68. 424. 425, 426.
Jeviable under the Merchant Shipping Act, 1854, are collected; 8. Accounts for each lighthouse, &c. to be kept, and laid and shall in each British possession abroad be collected by such
before Parliament, and to be audited. 17 & 18 persons as the governor of such possession abroad may appoint Vict. c. 104, $. 428.
for the purpose, and shall be collected by the same means, in REGISTRY OF SHIPs.
the same manner, and subject to the same conditions, so far as
circumstances permit, by, in, and subject to which the light Part II of Merchant Shipping Act, 1854.
dues leviable under the Merchant Shipping Act, 1854, are paid 9. Penalty on false declarations under Part II of Mer. and collected, or by such other means, in such other manner,
chant Shipping Act. 17 & 18 Vict. c. 104, s. 103. and subject to such other conditions as the legislative authority 10. Shares in shipping within the Trustee Aet, 1850. in such possession may direct. 13 & 14 Vict. c. 60.
5. Ali dues levied innder this act shall be paid over to her 11. Forms of instruments. 17 & 18 Vict. c. 104, s. 96. Majesty's Paymaster-General at such times and in such man. 12. Delivery of certificate upon transfer of registry. , ver as the Board of Trade may direct, and shall be applied, 17 8 18 Vict. c. 104, 8. 90.
paid, and dealt with by him, for the purposes hereinafter men13. Exemption of certain ships from having name painted tioned, is such manner as such board may direct. on stern. 17 & 18 Vict. c. 104, s. 34.
6. The dues levied under the authority of this act in respect 14. Ships measured under Rule II may be measured of any such lighthouse, buoy, or beacon as aforesaid sball, after
under Rule 1. 17 & 18 Vict. c. 104, 88. 21, 22. deducting any expenses incurred in collecting the same, be ap15. General register books in London. 17 18 Vict. plied for the purpose of paying the expenses incurred in erectc. 104, s. 107.
ing and maintaining such lighthouse, buoy, or beacon, and for MASTERS AND SEAmen.
no other purpose whatever. Part III of Merchant Shipping Act, 1854.
7. For the purpose of constructing or repairing any such
lighthouse, buoy, or beacon as aforesaid, the Board of Trade 16. Extension of provisions concerning the relief of may raise, upon the socurity of the dues to be levied in respect
destitute seamen. 17 8: 18 Vict. c. 104, 88. 211, thereof, such sums of money as they may deem fit; and the 212, 213.
Commissioners of her Majesty's Treasury, out of any monies 17. Enaclment conce ing savings banks extended to which may be provided by Parliament, the Public Works Loan seamen in the navy. 17 & 18 Vict. c. 104, 8. 180.
Commissioners, or any other person or body of persons, may 18. Additional powers of naral courts. 17 & 18 Vict. , advance the same accordingly, such advances to be made in c. 104, ss. 260 10 266.
the same manner, with the same powers, and subject to the WRECKS, CASUALTIES, AND SALVAGE.
same provisions, so far as circumstances permit, in, with, and Part VIII of Merchant Shipping Act, 1854.
subject to which, under the Merchant Shipping Act, 1854, 19. In case of wreck of foreign ships, consul-general to Marine Fund for the construction and repair of lighthouses in
advances may be made upon the security of the Mercantile be deemed ayent of ouner.
the United Kingdom. 20. Remuneration for services by coast guard.
8. Accounts shall be kept of all sums expended the conLEGAL PROCEDURE.
struction, repair, or maintenance of every lighthouse, buoy, or Part X of Merchant Shipping Act, 1834.
beacon in the British possessions abroad for which dues are 21. Jurisdiction in case of offences on board ship. 12 & levied under the authority of this act, and of the dues received 13 Vict. c. 96.
in respect thereof, in such manner as the Board of Trade may
direct, and shall be laid before Parliament annually; and the MISCELLANEOUS.
said accounts shall be audited in such manner as her Majesty Part XI of Merchant Shipping Act, 1854.
may by Order in Council direct.
REGISTRY OF SHIPS.
Part II of Merchant Shipping Act, 1854.
9. Any person who, in any declaration made in the presence India or elsewhere.
of or produced to any registrar of sbipping, in pursuance of 24. Saving of former enactments. 4 Geo. 4, c. 80, 88.
the second part of the Merchant Shipping Act, 1854, or in 25 to 31; 17 8 18 Vict. c. 120, s. 16.
any documents or other evidence produced to such registrar,
wilfully makes, or assists in making, or procures to be made, Whereas it is expedient to make provision for facilitating any false statement concerning the title to, or the ownership of, the erection and maintenance of lighthouses in the British pos- or the interests existing in any ship, or any share or shares in sessions abroad, and otherwise to amend the Merchant Shipping any ship, or who utters, produces, or makes use of any declaAct, 1854 : be it therefore enacted &c. as follows:
ration or document containing any such false statement, knowSect. I. This act may be cited as “ The Merchant Shipping ing the same to be false, shall be guilty of a misdemeanour, Act Amendment Act, 1855,\' and shall be taken to be part of
10. Shares in ships registered under the said Merchant the Merchant Shipping Act, 1854, and shall be construed ac- Shipping Act, 1854, shall be deemed to be included in the cordingly.
word “stock," as defined by the Trustee Act, 1850, and the COLONIAL LIGHTHOUSES.
provisions of such last-mentioned act shall be applicable to 2. In 'any case in which any lighthouse, huoy, or beacon such shares accordingly. has been or is hereafter erected or placed on or near the coasts 11. In any case in which any bill of sale, mortgage, or of any British possession, by or with the consent of the legisla. other instrument for the disposal or 'transfer of any ship, or
any share or shares therein, or of any interest therein, is made of all sentences made by any naval court summoned to hear in any form or contains any particulars other than the form any such complaint as aforesaid shall be sent to the com. and particulars prescribed and approved for the purpose by or mander-in-chief or senior naval officer of the station. in pursuance of the Merchant Shipping Act, 1854, no registrar
WRBCKS, CASUALTIES, AND SALVAGE. shall be required to record the same without the express direction of the Commissioners of her Majesty's Customs.
Part VIII of Merchant Shipping Act, 1854. 12. Upon the transfer of the registry of a ship from one 19. Whenever any articles belonging to or forming part of port to another, the certificate of registry required by the 90th any foreign ship which has been wrecked on or near the coasts section of the Merchant Shipping Act, 1854, to be delivered of the United Kingdom, or belonging to or forming part of the up for that purpose, may be delivered up to the registrar of cargo thereof, are found on or near such coasts, or are brought either of such ports.
into any port in the United Kingdom, the consul-general of 13. The Commissioners of Customs may, with the consent the country to which such ship, or, in the case of cargo, to of the Board of Trade, exempt any pleasure yacht from the which the owners of such cargo, may have belonged, or any provision contained in the 34th section of the Merchant Ship- consular officer of such country authorised in that behalf by ping Act, 1854, which requires the name of every ship, and any treaty or agreement with such country, shall, in the ab. the port to which she belongs, to be painted on her stern. sence of the owner of such ship or articles, and of the master
14. The owner of any ship which is measured under rule 2 or other agent of the owner, be deemed to be the agent of the contained in the 22nd section of the Merchant Shipping Act, owner, so far as relates to the custody and disposal of such 1854, may at any subsequent period apply to the Commis. articles. sioners of Customs to have the said ship remeasured under 20. In cases where services are rendered by officers or men rule 1 contained in the 21st section of the same act, and the of the coast guard service in watching or protecting shipsaid commissioners may thereupon, and upon payment of such wrecked property, then, unless it can be shewn that such serfee not exceeding 7s. 6d. for each transverse section as they vices have been declined by the owner of such property or his may authorise, direct the said ship to be remeasured accord. | agent at the time they were tendered, or that salvage has been ingly, and the number denoting the register tonnage shall be claimed and awarded for such services, the owner of the shipaltered accordingly.
wrecked property shall pay in respect of the said services 15. The copy or transcript of the register of any British ship remuneration according to a scale to be fixed by the Board of which is kept by the chief registrar of shipping at the Custom Trade, so, however, that such scale shall not exceed any scale house in London, or by the registrar-general of seamen, under by which payment to officers and men of the coast guard for the direction of ber Majesty's Commissioners of Customs or extra duties in the ordinary service of the Commissioners of of the Board of Trade, shall have the same effect, to all intents Customs is for the time being regulated ; and such remunera. and purposes, as the original register of which the same is a tion shall be recoverable by the same means, and shall be paid copy or transcript.
to the same persons, and accounted for and applied in the same MASTERS AND SEAMEX,
manner as fees received by receivers appointed under the Mer
chant Shipping Act, 1854. Part III of Merchant Shipping Act, 1831.
LEGAL PROCEDURE. 16. The Board of Trade may issue instructions concerning the relief to be administered to distressed seamen and appren
Part X of Merchant Shipping Act, 1854. tices, in pursuance of the 211th and 212th sections of the 21. If any person, being a British subject, charged with Merchant Shipping Act, 1854, and may by such instructions having committed any crime or offence on board any British determine in what cases and under what circumstances and ship on the high seas or in any foreign port or harbour, or if conditions such relief is to be administered ; and all powers of any person, not being a British subject, charged with having recovering expenses incurred with respect to distressed seamen committed any crime or offence on board any British ship on and apprentices, which by the 213th section of the said act are the high seas, is found within the jurisdiction of any court of given to the Board of Trade, shall extend to all expenses in- justice in her Majesty's dominions which would have had curred by any foreign Government for the purposes aforesaid, cognisance of such crime or offence if committed within the and repaid to such Government by her Majesty's Government, limits of its ordinary jurisdiction, such court shall have jurisand shall likewise extend to any expenses incurred by the con- diction to hear and try the case as if such crime or offence had veying home such seamen or apprentices in foreign as well as been committed within such limits : provided, that nothing British ships; and all provisions concerning the relief of dis- contained in this section shall be construed to alter or interfere tressed seamen and apprentices. being subjects of her Majesty, with the act of the 12 & 13 Vict. c. 96. which are contained in the said sections of the said act, and in
MISCELLANEOUS. this section, shall extend to such seamen and apprentices, not being subjects of her Majesty, as are reduced to distress in
Part XI of Merchant Shipping Act, 1834. foreign parts by reason of their having been shipwrecked, dis. 22. It shall be the duty of the East India Company to take charged, or left behind from any British ship; subject never. charge of and send home or otherwise provide for all persons, theless to such modifications and directions concerning the being Lascars or other natives of the territories under the cases in which relief is to be given to such foreigners, and the government of the said company, who are found destitute in country to which they are to be sent, as the Board of Trade the United Kingdom; and if any such person is relieved and may, under the circumstances, think fit to make and issue. maintained by any guardians, overseers, or other persons ad
17. The enactment of the Merchant Shipping Act, 1854, ministering the relief of the poor, such overseers, guardians, relating to savings banks shall apply to all seamen, and to or other persons may, by letter sent through the post or other. their wives and families, whether such seamen belong to the wise, give notice thereof in writing to the secretary
the court royal navy or to the merchant service, or to any other sea of directors of the East India Company, specifying, so far as is service.
practicable, the following particulars, viz.18. Any naval court summoned, under the provisions of the 1. The name of the person so relieved or maintained : Merchant Shipping Act, 1851, to hear any complaint touching 2. The presidency or district, or part of the territories of the conduct of the master or any of the crew of any ship, sball, the East India Company, of which he professes to be in addition to the powers given to it by the said act, have
a native : power to try the said master or any of the said crew for any 3. The name of the ship in which he was brought to the offences against the Merchant Shipping Act, 1854, in respect
United Kingdom : of which two justices would, if the case were tried in the 4. The port or place abroad from which such ship sailed. United Kingdom, have power to convict summarily, and by and the port or place in the United Kingdom at which order duly made to inflict the same punishments for such such ship arrived, when he was so brought to the offences which two justices might in the case aforesaid inflict
United Kingdom, and the time of such arrival : upon summary conviction : provided, that in cases where an and the said East India Company shall repay to the said offender is sentenced to imprisonment the sentence shall be overseers, guardians, or other persons, out of the revenues of confirmed in writing by the senior naval or consular officer the said company, all monies duly expended by them in represent at the place where the court is held, and the place of lieving or maintaining such destitute person, after the time at imprisonment, whether on land or on board ship, shall be ap- which such notice aforesaid is sent or otherwise given. proved by him as a proper place for the purpose; and copies 23. It shall be lawful for any master or owner of a ship, or
his agent, to enter into agreements with Lascars or natives of 2. Duties to be under the management of the Commisthe territories of the East India Company, binding them to sioners of Inland Revenue, and to be collected under the proceed to any port or ports in the United Kingdom, either provisions of acts in force relating to excise. as seamen or as passengers, and there to enter into a further 3. Allowances on spirits in distillers' stock or in warehouse. agreement to serve as seamen in any ship which may happen 4. Former allowances in respect of malt, and on sugar used to be there, and to be bound to any port in the territories of in distilling, to cease. the East India Company: provided, that every such original 5. Malt may be made and used free from dut in distilling agreement shall be made in such form, and shall contain such spirits. provisions, and shall be executed in such manner, and under 6. Special entry to be made of malt-house. such conditions for securing the return of such Lascars or 7. Persons other than distillers making duty-free malt to natives to their own country, and for other purposes, as the give security against frauds. Governor-General of India in council, or the governors of the 8. Malt may be removed for exportation. respective presidencies in which the original agreement is 9. Distillers on giving security to have duty-free sugar and made, id council, may direct; and if any Lascar or other per- molasses delivered to them, to be used in the distilling of son who has bound himself by any such original agreement is, spirits. on arriving in the United Kingdom, required to enter into a 10. Distiller to give bond, with sureties, conditioned to further agreement to serve as a seaman in any ship bound to secure the due consumption of duty-free sugar and molasses any port in the territories of the East India Company, and it in the distilling of spirits. it is certified by some officer appointed for that purpose by the 11. Distiller and maltster to make entry of his malt-bouse, East India Company that such further agreement is a proper and to provide a kiln adapted for securing the malt whilst agreement in all respects for such Lascar or other person to drying. enter into, and is in accordance with the original agreement, and 12. Distillers to make entry of kilns used for drying barley that the ship to which such further agreement relates is in all or other corn or grain. respects a proper ship for such Lascar or other person to serve 13. If malt-house more than a mile from a market town, in, and that there is not, in the opinion of such Officer, any ob- distiller or maltster to provide lodgings for the officer. jection to the full performance of the said original agreement, 14. Secure rooms to be provided for the purposes berein such Lascar or other person shall be deemed to be engaged under i expressed, viz. a store-room at the malt-house for the deposit such further agreement, and to serve as a seaman in the ship of malt on removal from the kiln ; a store-room at the distillery to which it relates, and shall thereupon be deemed to be for for malt on removal from the malt-house ; also a mill-room at all purposes one of the crew of the ship; and for every Lascar the distillery for grinding malt; all such rooms to be properly or other person in respect of whom such certificate is applied secured. for, the person applying for the same shall pay to such officer 15. All fastenings (except locks) for the security of kilns as aforesaid such fee as the East India Company may appoint, and other rooms to be provided at the expense of the distiller. not exceeding 108.
Penalty for refusing to defray such expense, or for removing 24. Nothing herein contained shall be deemed to repeal or or damaging locks or fastenings. affect any provisions contained in the 25th, 26th, 27th, 28th, 16. Commissioners may revoke approval of malt-house, kiln, 29th, 30th, 31st, or 34th sections of the act of the 4 Gen. 4, or store-rooms, and require alterations or additional fastenings. c. 80, or in the 16th section of the act of the 17 & 18 Vict. 17. Allowance on cistern or couch gauges to be 17 per cent. c. 120.
18. Distiller, &c. to give notice to officer to attend, when
it is intended to load the kiln. CAP. XCII.
19. Officer to admit the workmen into the kiln to stir the An Act for appropriating the Corps of the Prebend or Portion grain from time to time, pursuant to notice.
of Netherhall Ledbury, in the Diocese and County of Here. 20. Notice to be given for removal of malt from the kiln. ford, and for constituting the Living of Ledbury a Rectory Malt to be measured, and deficiency charged with duty. with Cure of Souls, and for augmenting the Endowments
21. Removal of mait from the store-room at the malt-house thereof.
[14th August, 1835.] to the store-room at the distillery.
22. Malt to be removed from malt-house to distillery in CAP. XCIII.
sacks containing four bushels or 168lbs. each. An Act to amend certain Acts relating to the Court of Judica.
23. Twelve hours' notice to be given for removal of malt ture of Prince of Wales Island, Singapore, and Malacca, and from the store-room to the mill-roum. Four hours' notice for to the Supreme Courts of Judicature in India.
removal of malt to the mash tun. [14th August, 1855.]
24. Distiller and maltster to enter in books particulars of
malt received into and removed from their store-rooms. CAP. XCIV.
25. Malt remaining in store-room to be measured, and a An Act to impose increased Rates of Duty of Excise on Spirits if a deficiency, duty to be charged on the quantity; if an ex
balance to be struck of account of malt received and delivered ; distilled in the United Kingdom ; to allow Malt, Sugar, and Molasses to be used Duty free in the distilling of Spirits, in cess: the same to be forfeited. lieu of Allowances and Drawbacks on such Spirits, Sugar,
26. Malt to be either measured or weighed, or both, as the
commissioners may order. and Molasses respectively; and to amend the Laws relating to the Duties of Excise.
[14th August, 1855.]
27. Distiller and maltster to provide a correct bushel mea
sure and scales and weights, and assist officer in measuring Whereas it is expedient to impose increased rates of duty of and weighing malt. excise on spirits distilled in the United Kingdom, and to allow 28. Distiller to deliver an account of the malt, sugar, and malt, sugar, and molasses to be used duty free in the distilling molasses used in every distilling period, verified by declaof spirits, in lieu of allowances and drawbacks of excise now ration. payable on such spirits and sugar and molasses respectively : 29. Distillers and maltsters to designate their malt-houses be it tberefore enacted &c. as follows:
by painting certain words on the principal entrance. Penalty Sect. 1. There shall be charged, collected, and paid, for the on neglect. use of her Majesty, her heirs and successors, for and upon 30. Distillers prohibited from selling malt, sugar, or moevery gallon of spirits of the strength of hydrometer proof lasses. Penalty. which, on or after the 1st October, 1835, shall be distilled 31. Commissioners may revoke the license of a distiller or within the United Kingdom, or be in the stock, custody, or maltster on a second conviction of certain specified offences. possession of any distiller, or of any person in trust for him, 32. Persons found uplawfully removing malt from a disor for his use, benefit, or account, or which, having been dis. tiller's malt-house or a distillery may be arrested and taken tilled within the United Kingdom, shall on or after the said before a justice, and summarily dealt with. day be in warehouse, and be taken out of warehouse for con. 33. No abatement for deficiencies on spirits deposited in sumption within the United Kingdom, the respective rates and warehouse less than three days. duties following—that is to say, in Great Britain 88.; in Ireland 34. Rectifiers may send out compounded spirits at certain 68. 2d.; and so in proportion for any greater or less degree of additional strengths. strength, or any greater or less quantity, in lieu of all other duties 35. Malting barley or other corn, how long to be kept in of excise on such spirits chargeable under any act in force. i operation.