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AN ACT TO REPEAL THE ACT FOR CONSTITUTING COMMIS-
SIONERS OF RAILWAYS.1—14 & 15 VICT. CAP. 64.

1 Cited as "The Railway Regulation Act, 1851" (Short Titles Act, 1896).

AN ACT TO REPEAL THE ACT FOR CONSTITUTING COMMISSIONERS OF RAILWAYS.[7th August 1851.]

1851.

Preamble,1

1 Omitted by 55 & 56 Vict. c. 19.

I. Recited Act repealed and powers, etc., of commissioners of railways under subsequent Acts transferred to Board of Trade.-All powers, rights, authorities, and duties vested in or exercised or performed by the commissioners of railways under any Act passed since the passing of the said recited Act, or which may be passed during the present session of Parliament, shall be transferred to and vested in and performed by the lords of the committee of her Majesty's Privy Council for trade and foreign plantations as if they had been named in such Acts instead of the said commissioners.1

1 Remainder of section repealed by Stat. Law Rev. Act, 1875, 38 & 39 Vict. c. 66. II. Power to continue officers appointed by commissioners of railways.—It shall be lawful for the lords of the said committee, with the approval of the Treasury, to continue, for the transaction of the business transferred to the lords of the said committee under this Act, all or any of the officers and servants appointed by the said commissioners of railways, and from time to time, with such approval, to remove such officers and servants, or any of them.1

1 Unnecessary words omitted by 55 & 56 Vict. c. 19.

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III. Appointments, orders, etc., of the Board of Trade, how to be signified.— 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, authority, determination, order, requisition, regulation, certificate, or notice, or to do any other act, the lords of the said committee may 1 signify such appointment, authority, determination, 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 sécretary 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.

1 Preceding words omitted by 38 & 39 Vict. c. 66.

16 & 17 VICT. Cap. 69.

16 & 17 VICT. Cap. 94.

CONVEYANCE OF NAVAL FORCES BY RAILWAY.1—
16 & 17 VICT. CAP. 69.

1 Cited as "The Naval Enlistment Act, 1853" (Short Titles Act, 1896).

AN ACT TO MAKE BETTER PROVISION CONCERNING THE ENTRY AND SERVICE OF
SEAMEN, AND OTHERWISE TO AMEND THE LAWS CONCERNING HER MAJESTY'S
NAVY. [15th August 1853.]

XVIII. [Railway companies to convey naval forces upon the same terms as military and police.-Whenever it shall be necessary to move any of the officers or men in her Majesty's navy or belonging to any naval coast volunteers, or any other officers or men under the command or government of the Admiralty, every railway company shall, upon the production of a route or order for the conveyance of such officers or men, signed by any officer or person authorised by the lord high admiral or commissioners for executing the office of lord high admiral in that behalf, be bound to provide conveyance for such officers or men and their personal luggage, and also any public baggage, stores, arms, ammunition, and other necessaries and things, by the railway of such company, at the usual hours of starting, in like manner and at the like fares and rates of charge, and upon the like conditions, as under the Act of the session holden in the seventh and eighth years of her Majesty, chapter eightyfive, or any other Act applicable to such company, such company would be bound to provide such conveyance for the officers and men of her Majesty's forces of the line, ordnance corps, marines, militia, and police force, and their personal luggage, and any public baggage, stores, arms, ammunition, and other necessaries and things of the said forces.1]

1 This section is repealed by The Cheap Trains Act, 1883, 46 & 47 Vict. c. 34, except as to Ireland, and except as to companies which have lost the benefit of that Act.

THE ENTAIL AMENDMENT ACT, 1853.1-16 & 17 VICT. CAP. 94.
The Entail Amendment Act, 1853" (Short Titles Act, 1896).

1 Cited as

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AN ACT TO EXTEND THE BENEFITS OF THE ACT OF THE ELEVENTH AND TWELFTH
YEARS OF HER PRESENT MAJESTY, FOR THE AMENDMENT OF THE LAW OF
ENTAIL IN SCOTLAND.-[20th August 1853.

I. Forms of procedure under recited Act and this Act merely directory.-No interlocutor, judgment, or decree following or that has followed upon any petition.

presented or which shall be presented under the the said recited Act or this Act shall be questionable or reducible upon the ground of any want of compliance with the provisions of the said recited Act and of this Act, and of any relative act or acts of sederunt which have been or shall be passed by the Court of Session in Scotland, in so far as such provisions regard applications or petitions to the Court of Session under the authority of the said recited Act or of this Act, the matters to be set forth in such applications or petitions, the intimation and service, and advertisement thereof, the persons to be called as parties thereto, and the mode of calling them, the making and producing of affidavits therein, the matters to be set forth in such affidavits, and generally the procedure under such applications or petitions: provided always, that no injury shall have been suffered by any person through such want of compliance; provided also, that nothing herein contained shall be held to support or validate any interlocutor, judgment, or decree as aforesaid obtained or which may be obtained without the requisite consents prescribed by the said recited Act, or without service of the petition upon any party expressly required by the said recited Act to be called in the application, or shall be held to support or validate any interlocutor, judgment, or decree as aforesaid, in so far as such interlocutor, judgment, or decree shall go beyond what was or may be concluded or prayed for in the application under which it was or may be pronounced.

II. Applications or petitions may during vacation be presented to Lord Ordinary officiating on the Bills, who may proceed as may be requisite.1

1 Repealed by Stat. Law Rev. Act, 1892, 55 & 56 Vict. c. 19.

III. Applications, etc., may be amended where authorised by the Court.-Every application or petition under the said recited Act or under this Act may be amended, where such amendment shall be authorised by the court; and it shall not be necessary in respect of such amendment to make any intimation or service or advertisement, except such intimation or service or advertisement, if any, as the court may in the circumstances of the case think fit to appoint.

XIV. Heirs of entail in possession entitled to sell portions of estate, etc., under 8 & 9 Vict. c. 19, may do so to any company in consideration of annual feu-duty, etc.-It shall be lawful for any heir of entail in possession of any entailed estate in Scotland who is or shall be entitled to sell, convey, and dispose of any portion of such entailed estate, or any right or interest therein under the powers conferred by "The Lands Clauses Consolidation (Scotland) Act, 1845," to sell and convey such portion of such entailed estate, or such right or interest therein, to the company who by the said Consolidation Act may be authorised to acquire the same in consideration of an annual feu-duty or a ground-annual payable by such company to such heir of entail and his successors in the lands, or in the right or interest therein so conveyed, and that in the form prescribed by the said Consolidation Act with respect to conveyances in feu by parties entitled absolutely to grant the same.1

1 These powers are by the Lands Clauses Act of 1860 extended to all parties under disability.

XV. Company not to pay nor heir of entail to receive any grassum, etc., for any rights conveyed but annual feu-duties, etc.-Provided always, that it shall not be lawful for such company to pay, nor for such heir of entail to receive or take, any grassum, fine, or premium or any consideration in the nature thereof, for the lands or rights or interests to be so conveyed, other than

1853.

16 & 17 VICT. the annual feu-duties or ground-annuals made payable by such conveyance, Cap. 94. and the amount of such feu-duties or ground-annuals shall, in case of difference, be ascertained and settled by valuators in the manner prescribed by the said Consolidation Act with respect to the valuation of lands sold by agreement by parties under legal disability or incapacity to convey.

XVI. All feu-duties, etc., made payable by company to be a first charge on the revenues of company.-All feu-duties or ground-annuals made payable under any such conveyance to such company shall be a first charge on the tolls and rates and other revenues of such company, preferable to all debenture and bond and mortgage debt and other debt of such company, anything in any Act of Parliament now in force to the contrary notwithstanding; and if at any time any such feu-duties or ground-annuals remain unpaid for thirty days after they respectively became payable, it shall be lawful to the person entitled for the time being to payment of such feu-duties or ground-annuals to recover the same from such company, with interest and costs, by action in the sheriff court of the county within which the lands in respect of which such feu-duty or groundannual is payable are locally situated, or summarily by poinding and sale of the goods and effects of such company on application by petition to such sheriff;1 and such feu-duty or ground-annual shall to all intents and purposes whatever be deemed and taken to be part and portion of the entailed estate, and subject to the destination and to all the conditions, provisions, and limitations, and to all the clauses prohibitory, irritant, and resolutive of the tailzie under which such estate is holden.

1 See the similar provisions in secs. 10, 11 of The Lands Clauses Act, 1845. XVII. Affidavit sufficient if stated to the best of belief. As to affidavits not lodged in time.-It shall be sufficient, in any affidavit directed by the said recited Act to be made and produced in any application thereby authorised, that such affidavit bear that the particulars required by the said recited Act to be specified therein are so specified to the best of the knowledge and belief of the maker of such affidavit; and where such affidavit has not been or shall not be made and lodged at the outset of the proceedings under such application, the court shall direct such omission to be supplied, and shall, on such omission being supplied, proceed as if such affidavit had been timeously given in.

XVIII. Provision as to consents for minors and incapacitated persons.— Every consent which, on the behalf of any heir of entail being under age, or subject to any legal incapacity, whose consent has been or is or shall be required under the said recited Act, has been or shall be given by any tutor or curator or other legal guardian duly authorised to consent in terms of the said recited Act on the behalf of such heir of entail, shall be deemed and taken to be and shall be valid and sufficient, except in any case of application for disentailing, without the concurrence of such heir of entail, and without any consent to or approval of the actings of such tutor or curator or other legal guardian, by such heir of entail; but the consent of such curator or other guardian on behalf of such heir of entail, in terms of the said recited Act, shall not in any future application under the said recited Act, or this Act, or in any application under the said recited Act not yet finally disposed of (unless in any case in the circumstances of which the court shall be of opinion that the consent of the tutor, curator, or other legal guardian alone is sufficient), be received or acted on where such heir of entail, being of sound mind, and above the age of fourteen years, shall in the course of the application wherein such consent may be tendered, enter appearance and oppose the reception of such consent, which such heir of entail is hereby authorised to do.

XIX. Rights of heir of entail obtaining consents and presenting application not to be affected by alteration of circumstances afterwards occurring.-The date of presenting any application under the said recited Act or under this Act shall be held to be the day on which the first interlocutor under such application has been or shall be pronounced, and no alteration of circumstances which has occurred or which shall occur subsequent both to the date of presenting such application and to the last date of the consents required to the same, whether by the birth of any intervening heir or by the death of any granter of such consent, or otherwise, except as herein before specially provided, shall be deemed to have or shall have any effect upon the rights of the party who shall present or who has presented such application, or shall affect the procedure taken therein.

XX. Heirs of entail not to give consents where opposed by heritable creditors. -Where any heir of entail called to the succession of an entailed estate by any tailzie dated prior to the first day of August one thousand eight hundred and forty-eight shall previous to the passing of the said recited Act have granted any bond of annuity or other deed disponing or bearing to dispone, or containing obligation to dispone, such estate or any portion thereof in security, such heir of entail shall not be entitled to give consent to any application under the said recited Act or this Act which shall be opposed by any creditor in such bond of annuity or other deed as aforesaid, and who shall either hold infeftment in such entailed estate, duly recorded, or shall enter appearance and prove his debt or claim in the course of the proceedings under such application provided always, that it shall be competent to the court, if, with reference to any offer of adequate security, or otherwise in the circumstances, it shall deem the opposition on the part of such creditor to be unreasonable, to disallow the same, and to give effect to the consent of such heir.

XXI. Heir apparent of entail not to give consent in opposition to such creditors.-Where any heir apparent of an entailed estate under a tailzie dated prior to the said first day of August one thousand eight hundred and forty-eight shall, subsequent to the passing of the said recited Act, have granted any bond of annuity or other deed disponing or bearing to dispone, or containing obligation to dispone such estate, or any portion thereof, in security, such heir apparent shall not be entitled to give consent to any application under the said recited Act or this Act, except under the like circumstances as would have enabled him to give consent, and to have his consent allowed, had such bond of annuity or other deed been granted previously to the passing of the said recited Act; but the consents of the other heirs substitute shall be given and allowed independently of the rights of any such creditors.

XXII. Propelling of succession under reservation of liferent to have no effect upon applications under this or the recited Act.-Where any heir of entail in possession of an entailed estate under an entail created before the passing of the said Act shall have lawfully propelled or shall hereafter lawfully propel such estate, under reservation of his own liferent, to the heir entitled to succeed him therein, any application which has been or shall be made by him under the recited Act or under this Act, and all procedure following thereon, shall be equally effectual in all respects as if he had not propelled the succession, provided the consents of the persons whose consents would have been required to such application if he had not propelled the succession as aforesaid be obtained thereto.

1853.

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