And we do further by this our Provisional Order make the following regulations with respect to the Drainage Board: That the Drainage Board for the said district shall consist of seven members. That the following persons shall be the members of the first Drainage Board, viz :--- William H. Carroll, Tulla House; Christopher Keays, of Gortmore Cottage; William Vere Cruiss, Silver Street; All in the county of Tipperary, Esquires, and William Tuthill of Upper Mount Street in the City of Dublin, Esquire. That the first meeting of the said Board shall be summoned by notice under the hands of any two or more of the said board, published in the Dublin Gazette and some newspaper generally circulated in the said district, at least fourteen days next before the day of meeting. That the qualification of any subsequent member of the said Board shall be, that he shall be the proprietor (as defined by the said Acts and the Acts referred to therein or incorporated therewith) of not less than twenty acres of land situate within the area of the said district, or the land agent for the time being of a person being a proprietor as aforesaid of not less than one hundred acres of land situate within the area of said district and acting as receiver of the rents and profits of such lands. That the members of the first board shall vacate their offices on the first Thursday in September in the year following the date of this Provisional Order. That the electors for members of the Drainage Board shall be the persons in that behalf mentioned in the said Act: Provided always, that no such elector shall be entitled to vote or exercise any privilege as such unless the land of which he is the proprietor or some portion thereof shall be rateable on account of the works in the district, and he shall have previously paid all rates and arrears of rates which may be payable by him in respect of any drainage rate for the aforesaid district. In witness whereof we the said Commissioners of Public Works in Ireland have hereunto caused our common seal to be affixed, this Third day of April One thousand eight hundred and sixty-five. E. HORNSBY, (Seal.) Secretary. Office of Public Works, Dublin. 27 G. 3. c. 35. (I.) CA P. LIV. An Act to alter the Days between which Pheasants may not be killed in WHEREAS by an Act passed in the Parliament of Ireland in the Twenty-seventh Year of the Reign of His late Majesty King George the Third, Chapter Thirty-five, intituled An Act for the Preservation of Game, it was enacted (amongst other things) that from and after the First Day of June One thousand seven hundred and eighty-seven every Person who shall wilfully kill or destroy any Pheasant between the Tenth Day of January and the First Day of September in any Year shall forfeit a Sum not exceeding Five Pounds for every such Pheasant: And whereas these Days having been found inconvenient it is expedient to alter them: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: 1. From and after the passing of this Act so much of the said recited Act of the Twenty- Part of reseventh George the Third as relates to the killing or destroying any Pheasant between cited Act repealed. the Tenth Day of January and the First Day of September in any Year shall be and the same is declared to be hereby repealed. Pheasants in 2. From and after the passing of this Act no Person or Persons shall on any Pretence Fixing Period whatsoever kill or destroy any Pheasant between the First Day of February and the for shooting First Day of October in any Year, and if any Person or Persons shall do so he or they ha shall be liable to the same Penalty as by the before-recited Act is laid upon every Person or Persons transgressing the same. 3. This Act shall be held to apply to Ireland only. Limit of Act. CA P. LV. An Act to empower the University of Oxford to make Statutes as to the WHEREAS [29th June 1865.] WHEREAS it is expedient to extend the Powers of making Statutes possessed by the University of Oxford: Be it enacted by the Queen'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, as follows: 1. That the said University may, with the view of better promoting the teaching and Power to UniStudy of the Law in the said University, vary by Statute all or any of the Directions, versity to make Trusts, and Regulations now in force relating to the Vinerian Professorship and the the Vinerian Vinerian Fellowship and Scholarships respectively, and to the Application of the Funds Foundation. held in trust by the said University under the Will of Charles Viner Esquire, deceased: Provided, that Part of the Income of such Funds shall always be applied to the teaching of Law, and the Residue towards encouraging the Study of the Law by means of Fellowships or Scholarships or both, and that the Name of the said Charles Viner, or the Title Vinerian, shall always be retained in connexion with the said Foundation: Provided also, that the Interests of the present Professor, Fellow, and Scholars respectively on the said Vinerian Foundation shall not, without their respective Consents, be altered or affected by any such Statute; but every Person who, after the passing of this Act, may be elected a Vinerian Professor, or Fellow, or Scholar, shall be subject to any Statute to be afterwards made by the University under the Powers of this Act as fully as if he had been elected under such Statute. 2. All the Provisions of the Oxford University Act, 1862, as to Statutes of the University passed by virtue thereof, shall extend and apply to Statutes of the University made by virtue of this Act; and the Oxford University Act, 1862, and this Act, shall be construed together as One Act. Provisions of c. 26. to apply to Statutes 25 & 26 Vict. under this Act. 3. This Act may be cited for all Purposes as the " Oxford University, Vinerian Founda- Short Title. tion, Act, 1865." Short Title. Interpretation of Terms. Parties lodging in Premises or encamping on Permission, guilty of an Offence. CA P. LVI. An Act to provide for the better Prevention of Trespass in Scotland. [29th June 1865.] WHEREAS it is expedient that Provision should be made for the better Prevention of Trespass in Scotland:' Be it enacted by the Queen'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, as follows: 1. This Act may be cited for all Purposes as "The Trespass (Scotland) Act, 1865." "Magistrate" shall mean and include the Sheriff and Sheriff Substitute, or any One "Procurator Fiscal " shall mean and include the Procurator Fiscal of the Court having such Jurisdiction. 3. Every Person who lodges in any Premises, or occupies or encamps on any Land, being private Property, without the Consent and Permission of the Owner or legal Land, without Occupier of such Premises or Land, and every Person who encamps or lights a Fire on or near any private Road or enclosed or cultivated Land, or in or near any Plantation, without the Consent and Permission of the Owner or legal Occupier of such Road, Land, or Plantation, or on or near any Turnpike Road, Statute Labour Road, or other Highway, shall be guilty of an Offence punishable as herein-after provided. Apprehension and Punishment of Offenders. As to Prosecutions under Act. 4. Every Person who commits any Offence against the Provisions of this Act may, if found in the Act of committing the same by any Officer of Police or Constable, be apprehended by such Officer or Constable, and detained in any Prison, Police Station, Lock-up, or other Place of safe Custody, and not later than in the course of the next lawful Day after he shall have been so taken into Custody shall be brought before a Magistrate; and every Person charged with the Commission of any such Offence may, if not so taken into Custody, or if he shall have been liberated on Bail or Pledge, be summoned to appear before a Magistrate, and on being convicted of such Offence on his own Confession, or on the Evidence of One or more credible Witnesses, shall for a First Offence be liable to a Penalty not exceeding Twenty Shillings, or to Imprisonment for any Period not exceeding Fourteen Days, and for a Second or any subsequent Offence shall be liable to a Penalty not exceeding Forty Shillings, or to Imprisonment for any Period not exceeding Twentyone Days. 5. Every Prosecution for an Offence against the Provisions of this Act shall be raised and proceeded in at the Instance of the Procurator Fiscal, and shall be heard and determined by One or more Magistrate or Magistrates in a summary Form; and every such Prosecution shall be commenced within One Month after the Offence has been committed. CA P. LVII. An Act to amend certain Provisions in "The Ecclesiastical Leasing Act, 1858." [29th June 1865.] 21 & 22 Vict. WHEREAS Doubts have arisen as to the Interpretation of certain Provisions of the Ecclesiastical Leasing Act, 1858:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, c. 57. Commons, in this present Parliament assembled, and by the Authority of the same, as follows, viz.: said Act pay 1. The Monies which in respect of any Sale effected under the said Act shall become Monies for due and payable by way of perpetual annual Chief or other Rent or Rentcharge shall not be Sales under subject to the Provisions contained in the Second Section of the same Act, which require able by way of that all Monies which may become payable in respect of Sales under "the Ecclesiastical annual Chief Leasing Acts" shall be paid to the Ecclesiastical Commissioners for England, to be invested Rent, &c. not subject to Sect. and dealt with as contemplated by the said Section. 2. of said Act. CA P. LVIII. An Act for confirming, with Amendments, certain Provisional Orders made by the Board of Trade under The General Pier and Harbour Act, 1861, relating to Carrickfergus, Hastings, Maldon, Northam, and Shanklin. [29th June 1865.] WHEREAS a Provisional Order made by the Board of Trade under The General 24 & 25 Vict. Pier and Harbour Act, 1861, is not of any Validity or Force whatever until the c. 45. • Confirmation thereof by Act. of Parliament: And whereas the Board of Trade have made certain Provisional Orders: And whereas those Orders have been amended by Parliament, and are as so amended set out in the Schedule: And whereas it is expedient that the Orders so set out in the Schedule hereto be confirmed by Act of Parliament :' Be it therefore enacted by the Queen'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, as follows: 1. The Orders set out in the Schedule hereto shall be and are hereby confirmed, and all Orders in the Provisions thereof in Manner and Form as they are set out in the said Schedule shall, from and after the passing of this Act, have full Validity and Force. 2. This Act may be cited as The Pier and Harbour Orders Confirmation Act, 1865. Schedule confirmed. Short Title. The SCHEDULE of Orders. 1. CARRICKFERGUS. 2. HASTINGS. 3. MALDON. 4. NORTHAM. 5. SHANKLIN. SCHEDULE to which the foregoing Act refers. Order for the Amendment of The Carrickfergus Harbour Order, 1862. Schedule in 1. Sections 4 to 16 (both inclusive) of the Carrickfergus Harbour Order, 1862, hereafter Repeal of in this Order called the Order of 1862, with the Schedule therein referred to, are hereby Sections and repealed; but nothing herein contained shall invalidate any act done under the authority former Order. of those sections before this repeal takes effect, or affect any right, title, obligation, or liability then acquired or accrued thereunder. Money. Power to take Money. 2. The Commissioners may borrow on mortgage or bond at interest such sums of money as may be required for the purposes of the works authorized by this Order not exceeding in the whole the sum of 8,000l. 3. In order to create a sinking fund for the discharge of the principal money so borrowed the Commissioners shall yearly set apart the surplus annual revenue of the harbour (hereafter in this Order defined), and shall deposit the same in some Joint Stock Bank of Issue in Ireland, to be increased by accumulation, in the way of compound interest or otherwise, until the accumulated fund is sufficient to pay off the principal money borrowed, or any such part thereof as the Commissioners think ought to be then paid off, and the Commissioners shall then apply such accumulated fund in such payment accordingly, but so that the Commissioners shall not allow any sum exceeding 500l. to remain so deposited for a longer time than six calendar months without applying the same in such payment. 4. Any money borrowed under this Order, and discharged by means of the sinking fund, shall not be re-borrowed, but any money borrowed and discharged otherwise than by means of the sinking fund may be re-borrowed if required for the purposes of this Order, and so toties quoties. 5. The mortgagees of the Commissioners may enforce the payment of the arrears of interest, or of the arrears of principal and interest, due to them on their respective mortgages by the appointment of a Receiver. The amount to authorize a requisition for a Receiver is 1,000l. 6. Every part of the money borrowed under this Order shall be applied only for purposes authorized by this Order. Lands. 7. For the purposes of this Order the Commissioners may, from time to time, by agreement, enter on, take, and use all or any part of the lands shown on the deposited plans as intended to be taken for the purposes of the proposed works, and also all or any part of the lands described in Schedule A. to the Order of 1862 annexed. 8. The Lands Clauses Consolidation Act, 1845, and The Lands Clauses Consolidation Acts Amendment Act, 1860, except so much thereof respectively as relates to the purchase and taking of lands otherwise than by agreement, are incorporated with this Order. Works. 9. Subject to the provisions of this Order, the Commissioners may, on the lands taken by them under this Order, and in the lines, and according to the levels, and within the limits of deviation shown on the deposited plans and sections, make and maintain the works shown on the deposited plans. 10. The works authorized by this Order are the following: (1.) A pier, with all proper approaches, works, and conveniences connected therewith, on the eastern side of the harbour of Carrickfergus, commencing near the seaward end of the existing pier or quay, and running in a southerly direction for a distance of 600 feet or thereabouts, then with a cant in a westwardly direction for a distance of 100 feet or thereabouts, such pier to be partly stone and partly open pile work, and the excavation of soil on the western side of the said intended pier : (2.) A stone breakwater to protect the same intended pier, 400 feet or thereabouts in length, lying about 350 feet to the westward of and parallel to the pier, with an easterly cant at the south end. Rates. 11. The Commissioners may demand and receive in respect of the vessels, persons, goods, rates according and things described in the Schedule hereto any sums not exceeding the rates in that Schedule specified. to Schedule. Certain fishing vessels under stress of 12. Fishing vessels belonging to countries with which, for the time being, treaties exist exempting from duties and port-charges such vessels when forced by stress of weather to weather exempt seek shelter in the ports or on the coasts of the United Kingdom, shall, when forced by from rates. strest |