55 George III.-A.D. 1815.

CAP. XCIV.

An Act to continue and amend several Acts relating to the British White Herring Fishery.

[14th June 1815.]

superintendant

9. And be it further enacted, that it shall be lawful for the Appointment lords commissioners of the Admiralty, upon the application of and duties of the commissioners for the herring fishery, from time to time to of loch and appoint a commissioned officer of his Majesty's navy,(1) as super- coast fishery. intendant of the British herring fishery carried on in the lochs and upon the coast of Great Britain, not in the deep sea, for the purpose of preserving order among the fishermen and other persons engaged in the said fishery as aforesaid; which person so to be appointed superintendant, shall take an oath in such terms, and before such persons as by the said Act of the fortyeighth year(2) of the reign of his present Majesty, is required to be taken by the superintendant of the British herring fishery carried on in the deep sea; and it shall be lawful for such commander and superintendant of the loch and coast fishery, or any person acting by his order, at all times whenever he shall think fit to go on board any of the vessels or boats employed in the fishery, under his superintendance, and to inspect the certificate of registry, excise permit, licence, certificate of fishery officers, and the account kept by the master, or other document, which is or are respectively required by law to be on board such vessel or boat; all which the master of every such vessel or boat shall produce and deliver to the said superintendant or other person aforesaid, upon demand, for his inspection and examination; and the said superintendant or other person aforesaid, is hereby empowered to detain any such vessel or boat, till all or any of such documents shall be produced and delivered to him; and all powers given by the said Act(3) to the superintendant of the deep sea fishery, to enable him to preserve order in the said fishery, shall extend to the superintendant of the herring fishery in the lochs, and on the coast of Great Britain, and to every officer of the fishery, wherever such officer shall be appointed or employed to execute the duties of his office; and all penalties imposed by the said Act on any person or persons, for resisting the superintendant of the deep sea fishery, or for resisting any officer of the fishery in the execution of the powers given him by the said Act, shall extend to every person or persons resisting the superintendant of the herring fishery in the lochs, and on the coast of Great Britain, or any person or persons acting under him, or any officer of the fishery respectively, in the execution of the powers hereby extended to him or them for preserving order in the said last-mentioned fishery.

(1) See additional penalties imposed on every person who resists or obstructs any person acting under the orders of the naval superintendant, 30 & 31 Vict. c. 52. s. 5. (2) 48 Geo. 3. c. 110. s. 9., p. 9, ante.

(3) See 48 Geo. 3. c. 110. s. 18., p. 10, ante.

55 George III.-A.D. 1815.

CAP. CXXVIII.

An Act to enable His Majesty to acquire Ground necessary for Signal and Telegraph Stations.

[29th June 1815.]

WHEREAS it is expedient that his Majesty should be enabled from time to time to procure and take, or purchase, either for a time or term of years, or in fee, as occasion shall require, all such lands or hereditaments as are, shall, or may be wanted for the purposes of signal or telegraph stations, and of making, preserving, and maintaining a free and uninterrupted communication between the respective signals or telegraphs erected or to be erected thereon, and of preventing and removing any obstructions thereto, either by buildings, trees, or in any other manner, together also with all necessary ways unto and from the same; be it therefore 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 assembled, and by the authority of the same, that it shall be lawful for the lord high admiral, or any three or more of the commissioners for executing the office of lord high admiral of the United Kingdom of Great Britain and Ireland for the time being, from time to time, by any writing under their hands, to authorize any person or persons to survey and mark out any lands or hereditaments which are, shall, or may be wanted for chase thereof. the purposes aforesaid, or any or either of them, and to treat and agree with the owner or owners thereof, or any person or persons interested therein, either for the absolute purchase thereof for the public service or for the possession thereof, for such time or term of years as the public service shall require.

Admiralty may authorize persons

to survey and mark out lands for signal or telegraph stations and treat for the pur

Obstructions between stations to be removed.

Bodies politic, &c. may contract for the sale of lands.

2. And be it further enacted, that in case any obstruction should arise, grow, or be occasioned, or should be intended to be made between any two signal or telegraph stations, so as to impede the free communication between the said stations, it shall be lawful for the lords commissioners of the Admiralty to agree for the removal or prevention of such obstructions in the same manner and under the same powers and provisions, as are herein-after provided for the acquisition of the lands or grounds necessary for the erection of the said signal or telegraph stations.

3. And be it further enacted, that it shall be lawful for all bodies politic or corporate, ecclesiastical or civil, and all feoffees or trustees for charitable or other public purposes, and for all tenants for life and tenants in tail, and for the husbands, guardians, trustees, committees, curators, or attornies of such of the owners or proprietors of or persons interested in any such lands or hereditaments required for such public service as shall be femes covert, infants, lunatics, idiots, or persons beyond the seas,

or otherwise incapable of acting for themselves, to contract and agree with such person or persons authorized as aforesaid, either for the absolute sale of such lands or hereditaments, or for the grant of any lease either for any term of years certain therein, or for such periods as the public service shall require, and to convey, surrender, demise, or grant the same unto the said lords commissioners of the Admiralty, in trust for his Majesty, his heirs and successors, accordingly; and all such contracts, sales, conveyances, surrenders, leases, and agreements shall be valid and effectual in law, to all intents and purposes whatsoever.

or to accept

shall find the compensation

4. And be it further enacted, that in case any such bodies Where persons or other persons hereby authorized to contract on behalf of refuse to sell, themselves or others as aforesaid, or any other person or persons the considerainterested in any such lands or hereditaments which shall be so tion offered, marked out and surveyed for the public service, shall for the two justices, &c. shall put space of fourteen days next after notice in writing, subscribed by his Majesty's such person or persons authorized as aforesaid, shall have been officers into given to the principal officer or officers of any such body, or to possession, and a jury such other persons hereby authorized to contract on behalf of shall be sumothers or interested themselves as aforesaid, or left at his, her, moned, who or their usual place of abode, refuse or decline to treat or agree, or by reason of absence shall be prevented from treating or to be made. agreeing with such person or persons authorized as aforesaid, or shall refuse to accept such sum of money as shall be offered by such person or persons as the consideration for the absolute purchase of such lands and hereditaments, or such annual rent or sum as shall be offered for the hire thereof, either for a time. certain or for such period as the public service may require, then and in such case it shall be lawful for such person or persons so authorized as aforesaid to require two or more justices of the peace, or three or more deputy lieutenants (one of whom shall be a justice of the peace) or two or more deputy governors for the county, riding, stewartry, city, or place where such lands or hereditaments shall be, to put his Majesty's officers into immediate possession of such lands or hereditaments which such justices or deputy lieutenants or deputy governors are hereby required to do, and shall for that purpose issue their warrant under their hands and seals commanding possession to be so delivered, and shall also issue their warrants to the sheriffs of the county, riding, stewartry, city, or place wherein such lands or hereditaments shall be situate, to summon a jury, and every such sheriff is hereby authorized and required to summon and return a jury properly qualified of the number of twenty-four, and in the manner required by the laws of England, Ireland, and Scotland respectively, who shall meet at some convenient time and place to be mentioned in such summons, out of whom a jury of twelve shall be drawn in such manner as juries for the trial of issues joined in his Majesty's courts at Westminster and Dublin are drawn by law in England and Ireland respectively, and in such manner as juries are drawn by law for the trial of offences in Scotland; and in case a sufficient number shall not

Appeal from verdict of jury

to the Court of Exchequer,

in England or Ireland, and to the Court

of Session in

Scotland.

appear, the said sheriff shall choose others of the byestanders, or that can speedily be procured, being qualified as aforesaid, and the said jurymen may be challenged by the parties on either side, but not the array; and the said justices, deputy lieutenants, or governors respectively, may summon witnesses, and adjourn any such meeting if jurymen or witnesses do not attend, and the jury, on hearing any witnesses and evidence that may be produced, shall on their oaths (which oaths, as also the oaths of such witnesses, the said justices, deputy lieutenants, or governors respectively, are hereby empowered and required to administer) find the compensation to be paid, either for the absolute purchase of such lands or hereditaments, or for the possession or use thereof, as the case may be.

5. Provided always, and be it further enacted, that if the lord high admiral, or the commissioners for executing the office of lord high admiral aforesaid, or any person interested therein, shall be dissatisfied with the verdict of any such jury, it shall be lawful for them or their attornies in England and Ireland to apply to the Court of Exchequer at Westminster or Dublin respectively in the term next, and in Scotland to apply within fourteen days after the finding any such verdict to the Court of Session in Scotland in time of session, or lord ordinary on the bills in time of vacation, and to suggest to the said courts or lord ordinary respectively, that they have reason to be dissatisfied with such verdict, and forthwith give notice thereof to the said lord high admiral or commissioners or party (as the case may be), and thereupon in England and Ireland the proceedings that shall have been had and the verdict of such jury shall be returned into the said Courts of Exchequer respectively; and if it shall appear to the said courts to be proper, a suggestion shall be entered on such proceedings as aforesaid, and a writ shall thereupon by rule of such court or order of any judge of such court be directed to the sheriff of the county where such lands or hereditaments shall lie, or if the same shall lie in two counties, to the sheriff of either of such counties, to summon either a common or special jury, according to the application that shall have been made on that behalf, and as the court or as such judge shall allow, and who shall respectively be qualified according to law to appear before the said justice or justices of assize or nisi prius of that county at the next assizes or sittings of nisi prius, if the same shall not happen sooner than twenty-one days after such suggestion, otherwise at the next succeeding assizes or sittings; and the compensation to be paid either for the absolute purchase or for the possession or use of such lands or hereditaments, as the case shall be, shall at such assizes or sittings be ascertained by such jury, in like manner as any damages may be enquired of upon any inquisition or enquiry of damages by any jury before any judge of assize or nisi prius, and the verdict of such jury shall be returned to the said Court of Exchequer, and shall be final and conclusive; and in Scotland, if it shall appear proper to the said Court of Session or lord ordinary upon such application so to do, the said

court or lord ordinary shall order and direct the sheriff of the county where such lands or hereditaments shall lie, or if the same shall lie in two counties, the sheriff of either of such counties, to summon another jury in the manner in which juries are summoned in Scotland, properly qualified according to law, to appear before the lords or lord of Justiciary at the next circuit, if the same shall not happen sooner than twenty-one days after such application, otherwise at the next succeeding circuit; and the compensation as aforesaid for the lands or bereditaments (as the case may be) shall at such circuit be ascertained by a jury drawn from the jury summoned as aforesaid, in such manner as juries are drawn in Scotland, under the direction of the said lords or lord of Justiciary as aforesaid, and the verdict of such last-mentioned juries shall be final and conclusive, without being subject to review or challenge of any kind, unless the court that shall have allowed such enquiry shall think fit, on any application made within four days after the commencement of the succeeding term or session, if in Scotland, to order any new trial in relation thereto.

&c.

6. Provided always, and be it further enacted, that it shall be Jury in ascerlawful for any jury impannelled before any justice of the peace taining the or magistrate, or deputy lieutenant or deputy governor, or before for lands shall compensation any judge of assize or nisi prius, to ascertain the compensation to settle the probe paid for any lands or hereditaments under this Act, and they portion to be are hereby required to ascertain and settle the proportion to be paid to lessees, paid out of such compensation to any person or persons having any interest as lessees or tenants at will or otherwise, in any such lands or hereditaments, and the proportion to be paid out of such compensation shall be returned on the verdict: Provided also, that where any such enquiry before any judge of assize or nisi prius, or lords or lord of Justiciary, shall be had on the application of any such lessee or tenant at will, or other person having any inferior interest in any such lands or hereditaments, who may have been dissatisfied with the proportion of compensation settled by the jury to be paid in respect of such interest, it shall not be lawful for the jury in any such case to alter the amount of the entire compensation awarded by any former verdict to be paid for such lands or hereditaments, but only the proportion thereof to be paid to the person or persons having separate interest therein; and it shall not be lawful for any jury on any enquiry had before any judge of assize or nisi prius or lord or lords of Justiciary, as to any such compensation, on the application of the said lord high admiral or commissioners for executing the office of lord high admiral aforesaid, in any case in which the whole compensation awarded by the former jury, to alter the proportion that shall have been settled by any such former jury as to any separate interest in any such lands or hereditaments.

7. Provided also, and be it further enacted, that it shall be Courts may relawful for the court or judge or lord ordinary, making any such quire security to be given rule or order, to require that the party on whose application the for costs. same shall be made, shall give such security as shall to such