c. 83, s. 1. THE PARLIAMENTARY WITNESSES 34 & 35 VICT. c. 83. 34 & 35 Vict. An Act for enabling the House of Commons and any Committee thereof to administer Oaths to Witnesses. Examination of witnesses on oath by the House of Commons and committees of the House. [16th August, 1871.] WHEREAS it is expedient that the House of Commons, and any committee thereof, should respectively have the powers of administering oaths to witnesses: 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. The House of Commons may administer an oath to the witnesses examined at the bar of the said house. Any committee of the House of Commons may administer an oath to the witnesses examined before such committee. Any person examined as aforesaid who wilfully gives false evidence shall be liable to the penalties of perjury. Where any witness to be examined under this Act conscientiously objects to take an oath, he may make his solemn affirmation and declaration in the words following: “I, A. B., do solemnly, sincerely, and truly affirm and declare that the taking of any oath is according to my religious belief unlawful, and I do also solemnly, sincerely, and truly affirm and declare," &c. : any solemn affirmation and declaration so made shall be of the same force and effect, and shall entail the same consequences as an oath taken in the usual form. Any oath or affirmation under this Act may be administered by the speaker of the House of Commons, or by such person or persons as may from time to time be appointed for that purpose either by him or by any standing order or other order of the said House. 34 & 35 Vict. c. 83, Ss. 24. 2. The first section of the Act of the session of the twenty-first and twenty-second years of her present Majesty, chapter seventyeight, intituled "An Act to enable the Committees of both Houses of Parliament to administer oaths to witnesses in certain cases,' "Repeal of section 1 of and the third section of the Act of the present session of Parlia- 21 & 22 Vict. ment, chapter three, intituled "An Act to empower Committees on c. 78. Bills confirming or giving effect to Provisional Orders to award costs and examine witnesses on oath," shall be repealed: Provided that the repeal enacted in this Act shall not affect any penalty, forfeiture, or other punishment incurred in respect of any offence against the sections hereby repealed, or the institution of any legal proceeding, or any other remedy for ascertaining, enforcing, or recovering any such penalty, forfeiture, or punishment as aforesaid. 3. Nothing in this Act contained shall be held to confer any additional or further power or privilege on the Commons House of Parliament with reference to impeachment or other criminal jurisdiction or otherwise howsoever than is herein expressly enacted. 4. This Act may be cited as "The Parliamentary Witnesses Short title of Oaths Act, 1871." Act. c. 86, s. 16. THE REGULATION OF THE FORCES 34 & 35 VICT. c. 86. 34 & 35 Vict. An Act for the better Regulation of the Regular and Auxiliary Land Forces of the Crown; and for other purposes relating thereto. [17th August, 1871.] Power of government on occasion of emergency to take possession of railroads. 16. When her Majesty, by order in council, declares that an emergency has arisen in which it is expedient for the public service that her Majesty's Government should have control over the railroads in the United Kingdom, or any of them, the Secretary of State may, by warrant under his hand, empower any person or persons named in such warrant to take possession in the name or on behalf of her Majesty of any railroad in the United Kingdom, and of the plant belonging thereto, or of any part thereof, and may take possession of any plant without taking possession of the railroad itself, and to use the same for her Majesty's service at such times and in such manner as the Secretary of State may direct; and the directors, officers and servants of any such railroad shall obey the directions of the Secretary of State as to the user of such railroad or plant as aforesaid for her Majesty's service. Any warrant granted by the said Secretary of State in pursuance of this section shall remain in force for one week only, but may be renewed from week to week so long as, in the opinion of the said Secretary of State, the emergency continues. There shall be paid to any person or body of persons whose railroad or plant may be taken possession of in pursuance of this section, out of moneys to be provided by Parliament, such full compensation for any loss or injury they may have sustained by the exercise of the powers of the Secretary of State under this section as may be agreed upon between the said Secretary of State and the said person or body of persons, or, in case of difference, may be settled by arbitration in manner provided by "The Lands Clauses Consolidation Act, 1845." Where any railroad or plant is taken possession of in the name or on behalf of her Majesty in pursuance of this section, all contracts and engagements between the person or body of persons whose railroad is so taken possession of and the directors, officers and servants of such person or body of persons, or between such c. 86, s. 16. person or body of persons and any other persons in relation to the 34 & 35 Vict. working or maintenance of the railroad, or in relation to the supply or working of the plant of such railroad, which would, if such possession had not been taken, have been enforceable by or against the said person or body of persons, shall during the continuance of such possession be enforceable by or against her Majesty. For the purposes of this section "railroad" shall include any tramway, whether worked by animal or mechanical power, or partly in one way and partly in the other, and any stations, works or accommodation belonging to or required for the working of such railroad or tramway. "Plant" shall include any engines, rolling stock, horses or other animal or mechanical power, and all things necessary for the proper working of a railroad or tramway which are not included in the word "railroad." c. 50, ss. 1-3. THE RAILWAY ROLLING STOCK PROTECTION ACT, 1872. 35 & 36 VICT. c. 50. 35 & 36 Vict. An Act to protect Railway Rolling Stock from Distraint when on hire. [6th August, 1872.] WHEREAS it is expedient that protection from distress should in certain cases be extended to rolling stock: Short title. Interpretation of terms. Rolling stock protected from distress or sale in cer tain cases. 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. This Act may be cited as "The Railway Rolling Stock Protection Act, 1872." 2. In this Act Rolling stock" includes waggons, trucks, carriages of all kinds, and locomotive engines used on railways: "Rent" includes royalty or other reservation in the nature of rent: "Work" includes any colliery, quarry, mine, manufactory, warehouse, wharf, pier, or jetty, in or on which is any railway siding: "Tenant" includes a lessee, sub-lessee, or other person having "Person "includes a body corporate: 3. Rolling stock being in a work shall not be liable to distress for rent payable by a tenant of the work, if such rolling stock is not the actual property of such tenant, and has upon it a distinguishing metal plate affixed to a conspicuous part thereof, or a distinguishing brand or other mark conspicuously impressed or made thereon, sufficiently indicating the actual owner thereof. A work in this section means any establishment or place used for the purpose of trade or manufacture which is connected with a line of railway by sidings. |