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of any Boats, Barges, or other Vessels, or of any Carriages or Trucks drawn or propelled by Steam, Animal, or other Power, of or belonging to any other Company, or which shall pass along any other Line of Canal, Navigation, or Railway, or for the Passage over or along any other Line of Canal, Navigation, or Railway of any such Boats, Barges, or other Vessels, Carriages, or Trucks drawn or propelled as aforesaid, which shall belong to any such Company, or which shall pass along their Line of Canal, Navigation, or Railway, upon the Payment of such Tolls and Duties, and under such Conditions and Restrictions, as may be deemed advisable and may be mutually agreed upon, and also to enter into any other Contract with any other Canal or Navigation Company that may be deemed advisable; and any such Contract may contain such Covenants, Clauses, Conditions, and Agreements as the contracting Parties may think advisable and mutually agree upon.
VIII. And be it enacted, That it shall be lawful for any such Canal or Navigation Company, from Time to Time, by Lease, to take effect in possession within Six Months from the letting thereof, to let the Tolls and Duties or any Part thereof, upon the whole or any Part of any such Canal or Navigation, or of any such Railways or Tramways, to any other Canal or Navigation Company, (and which Lease such other Canal or Navigation Company is hereby authorized to accept and enter into,) for any Period not exceeding Twenty-one Years from the Commencement of any such Lease: Provided always, that no such letting shall take place unless public Notice of the Intention to let such Tolls, or the Part thereof intended to be let, shall have been given by the Company proposing to let the same, by Advertisement, at least Fourteen Days prior to the Meeting of the Directors or Managers at which it shall be intended to let such Tolls.
Canal Compinies empowered to
IX. And be it enacted, That during the Continuance of any Lessees to be such Lease the respective Lessees named therein, and also all deemed ColPersons appointed by them to collect the Tolls so let, shall be lectors. deemed Collectors of the Tolls so let, and they shall have the same Powers to collect and recover such Tolls, and be subject to the same Rules, Duties, and Penalties in reference thereto, as if they had been appointed for that Purpose by the Company demising the same.
X. And be it enacted, That if any such Lease shall become Lessee making void or voidable, according to any Stipulations therein contained default to be for that Purpose, by reason of the Failure on the Part of the removed. Lessee to comply with any of the Terms of such Lease, or if all or any Part of the Rent thereby reserved shall be in arrear or unpaid for Twenty-one Days after the same shall become payable, then, upon Application made by the Company who shall have demised the same, to a Justice, it shall be lawful for such Justice to order any Constable, with proper Assistance, to enter upon any Toll House, Dwelling House, Office, Weighing Machine, or other Building, with the Appurtenances, belonging to the Lessors, and remove from the same the Lessee or Collector or other Person found therein, together with his Goods, and take possession thereof and of all Property found therein belonging to the Lessors, and
Power to re-let
Act not to
apply to Canals
inserted in Gazettes, &c.
deliver the same to them or any Person appointed by them for that Purpose.
XI. And be it enacted, That upon such Possession being obtained it shall be lawful for the Company having made such Demise to determine the Lease (if any) previously subsisting, and the same shall accordingly be utterly void, except as to the Remedies of the Lessors for Payment of the Rent due, or in respect of any unperformed or broken Obligations or Conditions on the Lessee's Part, all which Remedies shall remain in full Force; and in every such Case, either during such Proceedings or on the Termination thereof, the Company may again let the Tolls to the same or any other Person, or cause them to be collected in the same Manner as if no such former Lease had been made relative thereto.
XII. Provided always, and be it enacted, That this Act shall not apply to any Canal or Navigation the Property wherein is vested in Shareholders, nor shall the Powers of leasing hereinbefore contained be exercised by any such Canal or Navigation Company, until a Meeting of the Shareholders thereof shall have been duly convened in such Manner as Meetings are by their by Proprietors, respective Acts of Incorporation or Settlement required to be called or are usually called, and it shall have been determined ly a Majority of Two Thirds of the Votes of the Shareholders in such Meeting assembled, either in Person or by Proxy, where by such Acts of Incorporation or Settlement voting by Proxy is allowed, to adopt the Powers and Provisions hereby granted, or such and so many of them as it shall at such Meeting be determined shall be adopted, or to grant or accept any such Lease, nor to any Canal or Navigation the Property wherein is vested in One or more Owner or Owners, Proprietor or Proprietors, unless the Owner or Owners, Proprietor or Proprietors thereof shall determine to adopt the Powers and Provisions hereby granted, nor in either Case until public Notice of any such Determination and Intention shall have been inserted in the London Gazette in respect of Canals or Navigations in England or Wales, in the Edinburgh Gazette in respect of Canals or Navigations in Scotland, and in the Dublin Gazette in respect of Canals or Navigations in Ireland, and in some Newspaper circulating in the County or Counties wherein such Canal or Navigation, or some Part thereof, shall pass, One Month at the least previously to the Exercise of any such Powers, whereupon, or immediately after the Expiration of such Notice, every such Company, or their respective Committees, Directors, or Managers, or their Agents by them duly authorized in manner aforesaid, may from Time to Time put in force and exercise the said Powers or any of them, in the Manner by this Act authorized.
Act not to exempt Canal Companies
from any general Act.
XIII. And be it enacted, That nothing herein contained shall be construed to exempt any Canal or Navigation Company who shall adopt the Powers of this Act from the Operation of any general Act regulating the Manner of charging Tolls and other Charges upon Canals or Navigations in respect of Passengers, Goods, Animals, Articles, and Things of a like Description, which may be passed in the course of any future Session of Parliament.
XIV. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this present Session of Act Parliament.
CA P. XLIII.
An Act for encouraging the Establishment of Museums in large Towns. [21st July 1845.] HEREAS it is expedient to promote the Establishment and Extension of Museums of Art and Science in large Towns, for the Instruction and Amusement of the Inhabitants 'thereof:' 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, That it shall be lawful for the Town Councils Council of any Municipal Borough, the Population of which, of certain Muaccording to the last Account from Time to Time taken thereof nicipal Boby Authority of Parliament, exceeds Ten thousand Persons, if roughs may such Council shall think fit so to do, to purchase Lands, and to and erect purchase Lands erect thereon Buildings suitable for Museums of Art and Science, thereon Muand to maintain and keep the same in good Repair, and to accept seums of Art any Gifts, Grants, or Devises of Lands, Tenements, or Heredita- and Science. ments, for the Purpose of establishing, improving, or maintaining such Museums, or to contribute toward the Establishment and Maintenance of such Museums in any neighbouring Borough ; and that the Costs and Charges of such Lands and Buildings, and the keeping of the same in good Repair, and the Payment of any Principal Money or Interest borrowed under the Authority of this Act, or of such Contribution, shall be chargeable upon and paid for out of the Borough Fund of such Municipal Borough, and for that Purpose the Council may levy with and as Part of the Borough Rate, or by a separate Rate to be levied in like Manner as the Borough Rate, such Sums of Money as shall be from Time to Time needed, so that the whole Amount of the Borough Rate be not increased in any One Year for the Purposes of this Act by more than One Halfpenny in the Pound, or if a separate Rate be levied so that such Rate do not in any One Year amount to more than One Halfpenny in the Pound of the annual Value of the Property in the Borough rateable to the Borough Rate.
II. And be it enacted, That for the Purchase of such Lands, Town Councils and for defraying the Costs of such Buildings as may be erected may borrow thereon, or for contributing to the Cost of such Purchase or Money for Purchase of Lands, building, it shall be lawful for the Council of any such Municipal &c. Borough as aforesaid, from Time to Time, with the Approval of the Commissioners of Her Majesty's Treasury, to borrow at Interest the Amount of Money which may be required for the same, on the Security of the Borough Rates as aforesaid, or the separate Rate authorized by this Act.
III. And be it enacted, That the Lands and Buildings so purchased or erected as aforesaid, and also all Specimens of Art or Science, and Articles of every Description, which may be purchased for or presented to any such Museum, and accepted by the Council thereof, shall be vested in and held upon trust for ever by the Mayor, Aldermen, and Burgesses of the Borough in which such
&c., to vest in Town Council.
Rates of Admission to Public.
Museum shall be situated, and shall be managed by the Council of the Borough, and kept in fit and proper Order, for the Benefit of the Inhabitants of the Borough, and others resorting thereto.
IV. And be it enacted, That the Council of any such Municipal Borough may from Time to Time fix such Rates of Payment for Admission to any such Museum as the Council may think expedient, not exceeding the Sum of One Penny for each Person admitted, and the Amount so raised shall be employed in defraying the Salaries of the Curators and other Persons employed in charge of such Museum, and in lighting, warming, cleaning, and otherwise Regulations for supporting and improving the same; and that the Council may preserving Con- also make such Regulations for the Preservation of the Contents tents, &c. of such Museum, and for the Maintenance of Order within it, as may to them seem expedient.
jury to Works
of Art, &c.
Malice to be implied.
Apprehension of Offenders.
V. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.
CA P. XLIV.
An Act for the better Protection of Works of Art, and
tection of Works of Art, and of Scientific and Literary 'Collections, and also of public Statues and Monuments from wanton Injury: 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, That from and after the passing of this Act every Person who shall unlawfully and maliciously destroy or damage any thing kept for the Purposes of Art, Science, or Literature, or as an Object of Curiosity, in any Museum, Gallery, Cabinet, Library, or other Repository, which Museum, Gallery, Cabinet, Library, or other Repository is either at all Times or from Time to Time open for the Admission of the Public, or of any considerable Number of Persons, to view the same, either by Permission of the Proprietor thereof, or by the Payment of Money before entering the same, or any Picture, Statue, Monument, or Painted Glass in any Church or Chapel or other Place of religious Worship, or any Statue of Monument exposed to public View, shall be guilty of a Misdemeanor, and, being duly convicted thereof, shall be liable to be imprisoned for any Period not exceeding Six Months, and, if a Male, may during the Period of such Imprisonment be put to hard Labour, or be once, twice, or thrice privately whipped, in such Manner as the Court before which such Person shall be tried shall direct.
II. And be it enacted, That every Punishment imposed on any Person for an Offence against this Act shall apply and be enforced, whether the Offence shall be committed from Malice conceived against the Owner of the Thing damaged or destroyed!
III. And be it enacted, That any Person found committing any Offence against this Act may be immediately apprehended, without a Warrant, by any other Person, and forthwith taken before some
neighbouring Justice of the Peace, to be dealt with according to Law.
IV. Provided always, and be it enacted, That nothing herein Right to recover contained shall be deemed to affect the Right of any Person to Damages. recover by Action at Law Damages for the Injury so committed.
V. And be it enacted, That every Person who shall abet, Accessories as counsel, or procure the Commission of any Offence against this Principals. Act shall be punished as a principal Offender.
VI. And be it enacted, That this Act shall not extend to Scotland. VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.
An Act to make perpetual and amend an Act of the Fifth and Sixth Years of Her present Majesty, for preventing Ships clearing out from any Port in British North America or in the Settlement of Honduras from loading any Part of their Cargo of Timber upon Deck. [21st July 1845.] WHEREAS an Act was passed in the Session of Parliament
Extent of Act.
held in the Fifth and Sixth Years of the Reign of Her present Majesty, intituled An Act for preventing, until the 5&6 Vict. c.17. First Day of May One thousand eight hundred and forty-five,
Ships clearing out from any Port in British North America
or in the Settlement of Honduras from loading any Part of 'their Cargo of Timber upon Deck: And whereas it is expedient 'that the said Act should be further continued and made per'petual, but it is necessary that certain Amendments should be 'made therein :' 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, That the said Act, except so much thereof as is herein-after repealed, shall from and after the passing of this Act be and continue in force and be perpetual.
Recited Act, except so much repealed, to be made perpetual.
as is hereby
II. And be it enacted, That so much of the said Act as enacts Repealing so that it shall not be lawful for any Part of the Cargo of any Ship much of Act as or Vessel laden with Timber or Wood Goods, and clearing from prohibits lading any British Port in North America or the Settlement of Hon- Deck or sailing of Cargo upon duras between the First Day of September and the First Day without Certifi of May in each Year, to be placed during any Part of the cate, and as imVoyage on the Deck of such Ship or Vessel, and that no Captain poses a Penalty or Master of any Ship or Vessel so clearing shall be permitted to therefor. sail without first procuring a Certificate from the Clearing Officer that all the Cargo is below Deck, and so much of the said Act as imposes a Penalty upon any Captain or other Person offending against the Provisions thereof, shall be repealed.
III. And be it enacted, That before any Clearing Officer permits any Vessel wholly or in part laden with Timber or Wood Goods to clear out from any British Port in North America or in the Settlement of Honduras, for any Port in the United Kingdom, at any Time after the First Day of September or before the First
Clearing Officers to ascertain and certify that Cargo of
certain Ships is below Deck.