14 & 15 Vict. c. 49, ss. 1-3. 11 & 12 Vict. c. 129. Where works proposed on tidal lands, Admiralty may require statements, &c. Admiralty may appoint inspectors. THE PRELIMINARY INQUIRIES ACT, 1851. 14 & 15 VICT. c. 49. An Act to repeal an Act of the eleventh and twelfth years of her present Majesty, for making preliminary inquiries in certain cases of applications for Local Acts, and to make other provisions in lieu thereof. [1st August, 1851.] WHEREAS an Act was passed in the session of parliament holden in the eleventh and twelfth years of the reign of her present Majesty, chapter one hundred and twenty-nine: And whereas it is expedient to repeal the said Act, and to make other provisions in lieu thereof: 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and temporal, and commons, in this present parliament assembled, and by the authority of the same: Section 1 is repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66). 2. Whenever application shall be made to parliament for a bill whereby power is sought to construct any works on the shore of the sea, or of any creek, bay, arm of the sea, or navigable river communicating therewith, or to construct any bridge, viaduct, or other work across any creek, bay, arm of the sea, or navigable river, or to construct any work affecting the navigation of any harbour, port, tidal water or navigable river, it shall be lawful for the lord high admiral, or for the lords commissioners for executing the office of lord high admiral, to require the promoters of such bill to deposit at the office of the admiralty, in addition to the plans, sections, or other documents which may have been deposited at such office in compliance with the standing orders of either house of parliament, all such statements and other documents as the said lord high admiral or lords commissioners shall deem necessary to explain the objects of the intended applications to parliament, and the proposed interference with such tidal lands or navigation, as the case may be. 3. It shall be lawful for the said lord high admiral or lords commissioners, if they shall consider the same necessary or expedient, but not otherwise, to appoint a competent person or persons to be 14 & 15 88.4-6. an inspector or inspectors, for the purpose of inquiring, in such manner and at such time and place as they shall direct, into all Vict. c. 49, such matters as they shall deem necessary to enable them to report to parliament their opinion upon every such bill touching the jurisdiction or authority of the lord high admiral. witnesses and 4. For the purposes of such inquiry the said inspector or inspec- Inspectors tors may, by summons under his or their hands, summon before may summon him or them any person having the custody of any map, survey, or examine them book made or kept in pursuance of any Act of parliament, to pro- upon oath. duce such map, survey, or book for his or their inspection, and the said inspector or inspectors may summon, in manner aforesaid, any other person whose evidence shall, in the judgment of the said inspector or inspectors, be material to his or their inquiries, and pay or allow to every such person so summoned by him or them the reasonable charges of his attendance; and the said inspector or inspectors shall also have power to administer an oath to all persons who may be examined by him or them touching the premises. ance or refus 5. Any person, being summoned by such inspector or inspectors, Penalty for who, after the delivery to him of such summons as aforesaid, or of non-attenda copy thereof, shall wilfully neglect or refuse to attend in pur- ing to answer suance of such summons, or to produce such maps, surveys, books, questions. or other documents as he may be required to produce under the provisions herein before contained, or to answer upon oath or otherwise such questions as may be put to him by such inspector or inspectors under the powers herein contained, shall be liable to forfeit and pay a penalty not exceeding five pounds, which may be recovered before any two or more justices having jurisdiction within the town, district, or place wherein such inquiry shall be held; and on conviction of the offender, and in default of payment of any such penalty, such justices shall be empowered and required to cause the same to be levied by distress and sale of the goods and chattels of the offender, by warrant under their hands and seals; and such penalty shall be paid to the treasurer of the county within which such conviction shall take place in aid of the county rate; provided that no person, other than the promoters of the proposed Act, or their agents, shall be required to attend in obedience to any summons, unless the reasonable charges of his attendance be paid or tendered to him, nor to travel in obedience thereto more than ten miles from his usual place of abode. payment of 6. Before instituting any such inquiry the said lord high Admiralty admiral or lords commissioners may, if they think fit, require and may take take such security for the payment of the whole or any part of the costs, charges, and expenses to be incurred by them in respect of expenses of such inquiry (including the remuneration of the inspectors) as to inquiry. them shall seem fit; and whenever any such security is given, the costs, charges, and expenses in respect whereof it is given shall, to such amount as shall be certified by the said lord high admiral or lords commissioners (not exceeding the extent or amount of such 14 & 15 Vict. c. 49, ss. 7, 8. Petitioners for private bill security), be a debt due to her Majesty from the person or persons respectively by whom the same is entered into. 7. The persons whose names shall be subscribed to the petition to be deemed for any private bill shall be deemed to be promoters of such bill the promoters. for all the purposes of this Act, notwithstanding the persons subscribing such petition shall have signed for or on behalf of any other party. Form of citing the Act. 8. In citing this Act in other Acts of parliament, and in legal and other instruments, it shall be sufficient to use the expression "The Preliminary Inquiries Act, 1851." COMMISSIONERS OF RAILWAYS ACT 14 & 15 VICT. c. 64. An Act to repeal the Act for constituting Commissioners 14 & 15 Vict. c. 64, ss. 1, 2. WHEREAS an Act was passed in the session holden in the ninth 9 & 10 Vict. and tenth years of her Majesty (chapter one hundred and five), for c. 105. constituting commissioners of railways: And whereas it is expedient that the said Act should be repealed, and provision be made for the exercise and performance of the powers and duties which since the passing of the said Act have been vested in or imposed on the said commissioners: 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: railways 1. From and after the tenth of October one thousand eight Recited Act hundred and fifty-one the said Act shall be repealed, and all powers, powers, &c. repealed, and rights, authorities and duties vested in or exercised or performed of commisby the commissioners of railways under any Act passed since the sioners of passing of the said recited Act, or which may be passed during the under subsepresent session of parliament, shall be transferred to and vested in quent Acts and performed by the lords of the committee of her Majesty's privy transferred council for trade and foreign plantations as if they had been named Trade. in such Acts instead of the said commissioners. Some words at the end of the section which are repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66), are omitted. to Board of officers 2. It shall be lawful for the lords of the said committee, with Power to the approval of the commissioners of her Majesty's treasury, to continue continue, for the transaction of the business transferred to the appointed by lords of the said committee under this Act, all or any of the officers commissioners and servants appointed by the said commissioners of railways, and of railways. from time to time, with such approval, to remove such officers and servants, or any of them. 14 & 15 Vict. c. 64, s. 3. Appoint &c. of the Board of Trade how to 3. Where by any Act relating to railways or to any railway the commissioners of railways or the lords of the said committee are empowered or required to make or issue any appointment, authoments, orders, rity, determination, order, requisition, regulation, certificate, or notice, or to do any other act, the lords of the said committee may signify such appointment, authority, determination, be signified. order, requisition, regulation, certificate, notice, or other act by a written or printed document, signed by one of the joint secretaries of the lords of the said committee, or by some assistant secretary, or other officer appointed by them to sign documents relating to railways; and every appointment, authority, determination, order, requisition, regulation, certificate, notice, or other act signified by a written or printed document purporting to be so signed as aforesaid, shall be deemed to have been duly made, issued, or done by the lords of the said committee; and every such document shall be received in evidence in all Courts and before all justices and others, without proof of the authority or signature of such secretary or other officer, or other proof whatsoever, until it be shown that such document was not signed by the authority of the lords of the said committee. |