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Offences

against this

12. If any Act, Matter, or Thing by this Act required or directed to be done or Penalty for performed by any Maltster or his Workman or Servant shall be omitted or neglected or refused to be done or performed by them respectively, or if any Act, Matter, or Thing Act. prohibited by this Act shall be done or permitted by any Maltster or his Workman or Servant, the Maltster shall in every such Case forfeit the Sum of One hundred Pounds over and above any other Penalty or Penalties to which he may be subject under any other Act now in force.

Sect. 28. of

visions made.

13. The Condition numbered "Three" in the Twenty-eighth Section of the Act Condition passed in the Twenty-third and Twenty-fourth Years of Her Majesty's Reign, Chapter No. 3. in One hundred and thirteen, is hereby repealed; and no Malt shall be exported on Drawback 23 & 24 Vict. which, after having been screened and cleaned as directed in the said Section, shall be c. 113. reof less Weight than Thirty-six Pounds or of greater Weight than Forty-four Pounds pealed, and Avoirdupois per Bushel; and the Amount of Drawback allowed by Law upon the other ProExportation of Malt shall be calculated in the following Manner; (that is to say,) when the Malt is of the Weight of Thirty-six Pounds and under Forty Pounds Avoirdupois per Bushel, the Amount of Drawback allowable by Law upon a Bushel of Malt shall be allowed and paid in respect of every Forty Pounds Avoirdupois of the Malt_exported; and when the Malt shall weigh Forty Pounds Avoirdupois or upwards per Bushel, the Drawback shall be allowed and paid according to the Quantity ascertained by Measure as heretofore; subject, however, in either Case, to the Deduction of Seven and a Half per Centum upon the Quantity ascertained as directed by the Thirtieth Section of the above-mentioned Act.

ss. 48 to 59,
and 3 G. 4.
c. 18. ss. 12 to

14. The several Portions of Acts herein-after mentioned relating to the making of Malt 12 G. 1. c. 4. for Exportation, and the Exportation of Malt, shall be and the same are hereby repealed, save and except as to any Malt made for Exportation before the Commencement of this Act; (that is to say,) Sections Forty-eight to Fifty-nine, both inclusive, of the Act passed in the Twelfth Year of the Reign of King George the First, Chapter Four, and Sections Twelve to Sixteen, both inclusive, and Sections Eighteen and Nineteen, of an Act passed in the Third Year of the Reign of King George the Fourth, Chapter back, repealed. Eighteen.

16, and 18 & 19, relating to the Malt on DrawExportation of

15. Nothing in this Act shall be deemed to repeal, alter, or affect any of the Pro- Not to repeal visions contained in any Act now in force relating to the Manufacture of Malt, or the Provisions of Duties imposed thereon, save and except so far as such Provisions shall be specially other repealed or altered by or be repugnant to the Provisions of this Act.

other Malt

16. This Act shall continue and be in force for Four Years from the passing thereof, Continuance and until the End of the then next Session of Parliament, and shall then expire except of Act. as to any Act done or Offence committed, or any Penalty or Forfeiture previously incurred.

CA P. LXVII.

An Act to amend the Acts relating to the Harbour of Kingstown.

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WE

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[29th Jnne 1865.]

HEREAS an Act was passed in the Fifty-sixth Year of the Reign of His late Majesty King George the Third, Chapter Sixty-two, intituled An Act for erecting 56 G. 3. c. 62. an Harbour for Ships to the Eastward of Dunleary, within the Port of Dublin; and the

said Act was amended by an Act of the First Year of His late Majesty King George the 1 G. 4. c. 69. Fourth, Chapter Sixty-nine: And whereas a further Act was passed in the Session held in the Sixth and Seventh Years of his late Majesty King William the Fourth, being An 6 & 7 W. 4. 'Act to amend several Acts relating to the Harbour of Kingstown, by which it was, amongst • other

c. 117.

1 & 2 Vict. c. 36..

Threepence a
Ton on all
Vessels en-

tering Kings-
town, and
taking in
Cargo.

Gunpowder not to be brought into the Harbour

except in conformity with Regulations of Harbour Master.

Penalty for refusing to comply with Directions of Harbour Master.

Exemption for
Ships.

Her Majesty's

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other things, enacted, that the old Harbour of Dunleary, together with the new Harbour then in course of Erection, should thenceforth be constituted One Harbour, under the Name and Title of " Kingstown Harbour:" And whereas another Act was passed in the Session held in the First and Second Years of the Reign of Her Majesty the now Queen, intituled An Act to make further Provisions and to amend the Acts relating to the Harbour of Kingstown, and the Port and Harbour of Dublin: And whereas in consequence of the increased Number of Vessels entering the Harbour of Kingstown in Ballast, and leaving the same with Cargoes of Iron Ores and Pyrites and other Produce of Mines, as well as with other Cargoes, it has become necessary to enlarge the Wharfs and Quays of the said Harbour, and afford increased Accommodation thereat; and it is intended to enlarge a certain Quay situate in the said Harbour, now known as the Coal Quay, and to construct 'other Works for increasing the Wharfs and Quays of the said Harbour: And whereas it is reasonable that all Vessels entering the said Harbour in Ballast, and taking away Cargoes as aforesaid, should pay the Rates herein-after mentioned:' 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. From and after the passing of this Act, all Vessels entering the said Harbour of Kingstown in Ballast from any Part of the Port of Dublin, and which, while within such Harbour, or Five hundred Yards of the Entrance thereof, shall take in a Cargo of Ores or Pyrites, or other Produce of any Mines, or of any other Matter or Thing, shall, in addition to the Rates payable under the said recited Acts or any of them, be liable to pay to the Commissioners of the said Harbour, or their Collector, a Tonnage Rate to be from Time to Time fixed and appointed by the said Commissioners, not exceeding Threepence per Ton, according to the registered Tonnage of such Vessel.

2. From and after the passing of this Act, if any Owner, Master, or Person having the Charge of any Ship or Vessel (unless driven by Stress of Weather) shall bring the same into the said Harbour of Kingstown, having on board any Quantity of Gunpowder exceeding One hundred Pounds, without having previously obtained the Permission of the Harbour Master of the said Harbour signified in Writing under his Hand, or shall knowingly permit or suffer such Quantity of Gunpowder to be placed or to be on board of any such Ship or any Vessel while within such Harbour without such Permission as aforesaid, or if any Person without such Permission as aforesaid shall knowingly place any such Quantity of Gunpowder as aforesaid in or upon any Vessel within the said Harbour, every such Owner, Master, or other Person so offending shall forfeit and pay to the Commissioners of the said Harbour the Sum not exceeding Two hundred Pounds for every such Offence.

3. In case any such Owner, Master, or other Person having the Charge or Command of any Ship or Vessel on board which any such Quantity of Gunpowder may be shall refuse or neglect to moor, unmoor, place, move, or remove his Ship or Vessel according to the Direction from Time to Time given by the Harbour Master, or shall refuse or neglect to follow and obey any Directions of the said Harbour Master with respect to the Storage and Custody of such Gunpowder immediately when Notice to him or them of such Directions as aforesaid shall be given or left with any Person or Persons on board of such Ship or Vessel for that Purpose, every such Owner, Master, or other Person aforesaid shall forfeit and to the said Commissioners for every such Offence a Sum not exceeding Fifty Pounds; and it shall be lawful for the said Harbour Master, in case any Direction so given by him shall be disobeyed as aforesaid, forthwith to destroy all such Gunpowder, and for that Purpose to enter upon every such Ship or Vessel and make search for the same; and in case the said Harbour Master shall be obstructed in so doing by any Person or Persons whomsoever, then every such Person so offending shall for every such Offence forfeit and pay to the said Commissioners a Sum not exceeding Twenty Pounds.

pay

4. Nothing herein contained shall apply to any Ship or Vessel belonging to Her Majesty or in Her Majesty's Service; but if any Person shall claim the Benefit of this Exemption, not being entitled thereto, every such Person for every such Offence shall forfeit and pay to the said Commissioners a Sum not exceeding Twenty-five Pounds.

5. All the Powers and Provisions in the said Acts contained and now in force with Provisions of respect to the Recovery of Rates, Penalties, and Forfeitures, and the seizing or distraining former Acts for the same, shall apply to the Rates, Penalties, and Forfeitures imposed by this Act; and this Act. the said Rates, Penalties, and Forfeitures shall be applicable to the like Purposes as the Rates and Penalties now payable to the Commissioners of the said Harbour under the Provisions of the Acts aforesaid, or any of them.

6. This Act and the herein-before recited Acts shall be read together as One Act.

extended to

This and recited Acts to

be as One.

CA P. LXVIII.

An Act to enable the Ecclesiastical Commissioners for England to grant Superannuation Allowances to Persons employed in their Service.

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[29th June 1865.]

WE HEREAS it is expedient that Provision should be made for granting Superannuation Allowances to Officers, Clerks, and other Persons on the permanent Establish'ment of the Ecclesiastical Commissioners for England, as in other Departments of the 'Public Service:' 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:

of their Com

1. Subject to the Exceptions and Provisions herein-after contained, it shall be lawful for Power to Comthe said Commissioners to pay out of their Common Fund Allowances on Retirement to missioners, out Persons who shall have served in an established Capacity in the permanent Service of the Commissioners, not exceeding the following Scale; viz.,

mon Fund, to

grant retired

To any Person who shall have served Ten Years and upwards and under Eleven Years, Allowances.
an annual Allowance of Ten Sixtieths of the annual Salary and Emoluments of his
Office:

For Eleven Years and under Twelve Years, an annual Allowance of Eleven Sixtieths of
such Salary and Emoluments; and in like Manner a further Addition to the annual
Allowance of One Sixtieth in respect of each additional Year of such Service until the
Completion of a Period of Service of Forty Years, when the annual Allowance of
Forty Sixtieths may be granted; and no Addition shall be made in respect of any
Service beyond Forty Years.

certain Cases

2. It shall be lawful for the Ecclesiastical Commissioners to grant to any Person in their Power to grant Service who being the Holder of an Office in respect of which a Superannuation Allowance Gratuities in may be granted, but not having completed the Period which would have entitled him to where Officials a Superannuation Allowance, is compelled to quit their Service by reason of severe bodily not entitled by Injury occasioned, without his own Default, in the Discharge of his Duty, a Gratuity not Length of Service to Superexceeding Three Months Pay for every Two Years Service, or a Superannuation Allowance annuation. not exceeding Ten Sixtieths of the annual Salary and Emoluments of his Office, or to any such Person as aforesaid who is constrained from Infirmity of Mind or Body to leave the Service of the Commissioners before the Completion of the Period which would entitle him to a Superannuation Allowance, such Sum of Money by way of Gratuity as the said Commissioners shall think proper, but so that no Gratuity shall exceed the Amount of One Month's Pay for each Year's Service.

3. No Superannuation or Compensation Allowance or Gratuity under this Act shall be No Supergranted to any Person until the Application with the Certificate and Award of the said annuation to be Commissioners shall have been submitted to and approved of by the Commissioners of the approved by granted unless Treasury; provided also, that if any Question shall arise as to the Claim of any Person for Treasury. Superannuation under this Act it shall be referred to the Commissioners of the Treasury,

whose Decision shall be final.

28 & 29 VICT.

Q q

4. It

Restrictions as to Grant of full Super

4. It shall not be lawful for the said Commissioners to grant the full Amount of Superannuation Allowance which can be granted under this Act to any Person, other than the annuation Al- Secretary, unless upon Production of a Certificate signed by the Secretary that such Person has served with Diligence and Fidelity to the Satisfaction of the Commissioners; provided that the said Commissioners may grant to any Person any such Allowance of less Amount than otherwise would have been awarded to him where his Defaults or Demerit may appear to them to justify such Diminution.

lowance.

Under special Circumstances an Increase

5. In computing the Amount of Superannuation Allowance to be granted to any Person under the Provisions of this Act, it shall be lawful for the said Commissioners, under may be made special Circumstances, to be stated to the Lords Commissioners of Her Majesty's Treasury, to regular to direct that any Number of Years not exceeding Ten Years in the whole be added to the Number of Years during which such Person may have actually served.

Superannu

ation Allow

ance.

Superan

be granted to

6. It shall not be lawful to grant any Superannuation Allowance under the Provisions nuation not to of this Act to any Person who shall be under Sixty Years of Age, unless upon Medical Certificate to the Satisfaction of the said Commissioners that he is incapable, from Infirmity of Mind or Body, to discharge the Duties of his Situation, and that such Infirmity is likely to be permanent.

Persons under

60, except upon Medical Certificate.

Where Superannuation

granted to any 60, he shall be

Person under

liable to be recalled to Service.

Who to be

deemed in

7. Every Person to whom a Superannuation or Compensation Allowance shall have been granted before he shall have attained the Age of Sixty Years shall, until he shall have attained that Age, be liable to be recalled into the Service of the said Commissioners; and if he shall decline, when called upon, to take upon him any Office or Situation, being equal in Emolument to that which he formerly held, or shall neglect to perform the Duties thereof satisfactorily, being in a competent State of Health, he shall forfeit his Right to the Allowance which had been granted to him.

8. No Person hereafter to be appointed, not being the Secretary, shall be deemed to be in the Service of the said Commissioners for the Purposes of this Act unless he shall have Service of Com- been admitted into the Service of the said Commissioners with a Certificate from the Civil Service Commissioners, or unless he shall have been transferred from a Situation in the Civil Service entitling him to Superannuation under the Superannuation Act of 1859.

missioners.

Return of Superannuations to be inserted in

9. A Return of all Superannuation or Compensation Allowances and Gratuities made during the Year under this Act, setting forth in each Case the Length of Service, the Salary and the Allowance awarded, shall be inserted by the Commissioners each Year in annual Report. their annual Report to the Secretary of State.

17 G. 3. c. 53.

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21 G. 3. c. 66.

7 G. 4. c. 66.

1 & 2 Vict.

c. 23.

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CA P. LXIX.

An Act further to amend and render more effectual the Law for providing fit
Houses for the Beneficed Clergy, and for other Purposes. [29th June 1865.]

HEREAS under the Provisions of the several Acts passed in the Sessions held in the Seventeenth Year of the Reign of His late Majesty King George the Third, Chapter Fifty-three, in the Twenty-first Year of the same Reign, Chapter Sixty-six, in the Seventh Year of the Reign of His late Majesty King George the Fourth, Chapter Sixty-six, and in the First and Second Years of the Reign of Her present Majesty, Chapter Twenty-three, the Incumbent of a Benefice is authorized and empowered, with the Consents in the said Acts specified, to borrow and take up at Interest a Sum of Money exceeding One Year's but not exceeding Three Years net Income of his Benefice, for the Purpose of building, repairing, or purchasing a House and other necessary Buildings, or a proper Site for such House and other necessary Buildings, to be used as the Parsonage or Glebe House and Offices for his Benefice, and as a Security for the • Money

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Money so to be borrowed to mortgage the Glebe Tithes, Rentcharges, Rents, and other Profits and Emoluments of his Benefice for the Term of Thirty-five Years, the Principal so borrowed being repayable by Thirty annual Instalments, with Interest to accrue due thereon: And whereas it is expedient to extend the Provisions of the said Acts and to 'provide for the other Purposes herein-after expressed:' 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:

recited Acts

1. The Incumbent of any Benefice may, according to the Provisions of and with the Extension of Consents required by the said Acts, and by any Act or Acts amending or referring to the Provisions of same, borrow and take up at Interest on Mortgage as provided by the same Acts, or any relating to of them, for the Purposes of the same Acts or any of them, or for the Purposes of the Act repairing, repassed in the Session held in the Fifty-fifth Year of the Reign of His said Majesty King building, or George the Third, Chapter One hundred and forty-seven, or for the Purpose of purchasing Houses of acquiring any Lands or Hereditaments not exceeding Twelve Acres, contiguous to or desirable to Residence, &c. be used or occupied with the Parsonage House or Glebe belonging to such Benefice, or for the Purpose of building any Offices, Stables, or Outbuildings, or Fences necessary for the Occupation or Protection of such Parsonage, or for the Purpose of restoring, rebuilding, or repairing the Fabric of the Chancel of the Church of such Benefice (in any Case where such Incumbent is or shall be liable to repair or sustain the Fabric of such Chancel), or for the Purpose of building, improving, enlarging, or purchasing any Farm House or Farm Buildings, or Labourers Dwelling Houses, with the Appurtenances belonging to or desirable to be acquired for any Farm or Lands appertaining to such Benefice, any Sum or Sums of Money not being less than One hundred Pounds, and not exceeding Three Years net Income of such Benefice; and out of the Sum to be borrowed it shall be lawful to pay the Charges and Expenses of the Architect or Surveyor who shall be employed in or about any of the Purposes aforesaid, and also the Costs and Expenses of and incidental to the Preparation of the Mortgage Deed or Deeds, and of and incidental to any Purchase by the said Acts or this Act authorized to be made.

2. It shall be lawful for the Governors of the Bounty of Queen Anne, for the Augmentation of the Maintenance of the Poor Clergy, absolutely to sell and dispose of, either altogether or in Parcels, and either by Public Sale or by Private Contract, for such Sum or Sums of Money as to the said Governors shall seem fair and reasonable, all Houses, Lands, Tithes, Tithe Rentcharges, and Hereditaments of what Nature or Kind soever which may have been or shall hereafter be given, devised, or conveyed to or acquired by the said Governors for the Purpose generally of augmenting the Maintenance of the Poor Clergy; and the Monies to arise from every such Sale shall be paid to the said Governors, and the Receipts of their Treasurer for the Time being shall be sufficient Discharges for the said Monies, and shall effectually release and exonerate the Person or Persons paying the same from all Responsibility in respect of the Application thereof; and the said Monies when so received shall be applied and disposed of by the said Governors for the Benefit and Augmentation of Benefices in such and the same Manner according to the Rules and Regulations of the said Governors as the general Funds and Profits of the said Governors are applicable and disposable.

Governors of Queen Anne's Bounty may sell Lands, &c. given to them for their gene

ral Purposes.

3. All the Powers, Authorities, Provisions, Forms, and Matters in the herein-before Powers of mentioned Acts contained shall, except as herein otherwise is provided, extend and be recited Acts applicable, mutatis mutandis, to all the Purposes of this Act and of the said herein- extended to before mentioned Acts, as if the same had been respectively repeated and set forth herein.

this Act.

under Dis

4. It shall be lawful for the Principal Officer of any public Department holding any Corporations Messuages, Buildings, Lands, Tenements, or Hereditaments for or on behalf of Her Majesty, and Persons or otherwise for the public Use or the Use of such Department, and for every Body politic, ability or Incorporate, or collegiate, and Corporation aggregate or sole, and for all Trustees, Guardians, capacity authoCommissioners, or other Persons having the Control, Care, or Management of any Hospital, rized to convey School, Charitable Foundation, or other public Institution, and for all other Persons by Lands for ParQ ૧ 2 "The sonages.

Houses and

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