Page images
PDF
EPUB
[merged small][ocr errors]

Court, or upon Special Verdict of a Jury; or the said last-
mentioned Court shall, if it think fit, when the said Opinion
has been obtained before Trial, order such Opinion to be
submitted to the Jury with the other Facts of the Case as con-
clusive Evidence of the Foreign Law therein stated, and the
said Opinion shall be so submitted to the Jury: Provided
always, that if after having obtained such certified Copy the
Court shall not be satisfied that the Facts had been properly
understood by the Foreign Court to which the Case was
remitted, or shall on any Ground whatsoever be doubtful
whether the Opinion so certified does correctly represent the
Foreign Law as regards the Facts to which it is to be applied,
it shall be lawful for such Court to remit the said Case, either
with or without Alterations or Amendments, to the same or
to any other such Superior Court in such Foreign State as
aforesaid, and so from Time to Time as may be necessary or
expedient.

3. If in any Action depending in any Court of a Foreign Courts in Her
Country or State with whose Government Her Majesty shall Majesty's Do-
have entered into a Convention as above set forth, such Court pronounce
shall deem it expedient to ascertain the Law applicable to the Opinion on
Facts of the Case as administered in any Part of Her Majesty's by a Foreign
Dominions, and if the Foreign Court in which such Action Court.
may depend shall remit to the Court in Her Majesty's Dominions
whose Opinion is desired a Case setting forth the Facts and the
Questions of Law arising out of the same on which they desire
to have the Opinion of a Court within Her Majesty's Do."
minions, it shall be competent to any of the Parties to the
Action to present a Petition to such last-mentioned Court,
whose Opinion is to be obtained, praying such Court to hear
Parties or their Counsel, and to pronounce their Opinion thereon
in Terms of this Act, or to pronounce their Opinion without
hearing Parties or Counsel; and the Court to which such
Petition shall be presented shall consider the same, and, if they
think fit, shall appoint an early Day for hearing Parties or their
Counsel on such Case, and shall pronounce their Opinion upon
the Questions of Law as administered by them which are sub-
mitted to them by the Foreign Court; and in order to their
pronouncing such Opinion they shall be entitled to take such
further Procedure thereupon as to them shall seem proper,
and upon such Opinion being pronounced a Copy thereof,
certified by an Officer of such Court, shall be given to each of
the Parties to the Action by whom the same shall be required.

4. In the Construction of this Act the Word « Action” Interpretation shall include every judicial Proceeding instituted in any Court, Civil, Criminal, or Ecclesiastical; and the Words “Superior Courts” shall include, in England, the Superior Courts of Law at Westminster, the Lord Chancellor, the Lords Justices, the Master of the Rolls, or any Vice-Chancellor, the Judge of the Court of Admiralty, the Judge Ordinary of the Court for Divorce and Matrimonial Causes, and the Judge of the Court

of

of Terms.

of Probate; in Scotland, the High Court of Justiciary, and the Court of Session, acting by either of its Divisions; in Ireland, the Superior Courts of Law at Dublin, the Master of the Rolls

, and the Judge of the Admiralty Court; and in any other Part of Her Majesty's Dominions, the Superior Courts of Law or Equity therein; and in a Foreign Country or State, any Superior Court or Courts which shall be set forth in any such Convention between Her Majesty and the Government of such Foreign Country or State.

[ocr errors]

53 G. 3. c. 113.

[ocr errors]
[ocr errors]

6

6

CAP. XII.
An Act for the Abolition of Contributions by Counties

for the Relief of Prisoners in the Queen's Prison, and
for the Benefit of Bethlehem Hospital.

[17th May 1861.] W WHEREAS by an Act passed in the Fifty-third Year of

the Reign of King George the Third, intituled An Act for providing Relief for the poor Prisoners confined in the

King's Bench, Fleet, and Marshalsea Prisons, Provision is ' made for Payment of several Sums of Money by the · Treasurers of the several Counties and Divisions of Counties mentioned in the Schedule annexed to the said Act, in

part to the Treasurer of the County of Surrey for the • Relief of the Prisoners confined in the King's Bench and • Marshalsea Prisons, and in part to the Treasurer or • Chamberlain of the City of London for the Relief of the

Prisoners confined in the Fleet Prison; and it is by the said Act further enacted, that any Surplus that might remain of the several Sums of Money so to be paid as aforesaid, after

relieving the Prisoners confined in the said Prisons, according • to the Directions therein mentioned, should be paid by them ' to the Treasurer for the Time being of Bethlem Hospital for • the Relief and Benefit of the said Hospital : And whereas

by an Act passed in the Session holden in the Fifth and Sixth · Years of the Reign of Her present Majesty, Chapter Twentyo two, and intituled An Act for consolidating the Queen's Bench, Fleet, and Marshalsea Prisons, and for regulating the Queen's « Prison, the Fleet and Marshalsea Prisons were abolished, • and by the Eighth Section of the said Act all Monies pro

vided by the said first-mentioned Act to be paid for the • Relief of Prisoners confined in the King's Bench, Fleet, and • Marsha!sea Prisons were directed to be paid to the Marshal

or Keeper of the Queen's Prison without Prejudice to the · Right of Bethlem Hospital to receive any Surplus that might • remain after relieving the poor Prisoners in the Queen's • Prison : And whereas it is expedient that the Contributions • by the said Acts directed to be made by the several above• mentioned Counties and Divisions of Counties for the Relief

of poor Prisoners and for the Benefit of Bethlem Hospital • should be abolished:' Be it enacted by the Queen's most

Excellent

[ocr errors]

1

5 & 6 Vict. c. 22.

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 said Act passed in the Fifty-third Year of the Reign 53 G. 3. c. 113. of King George the Third, Chapter Öne hundred and thirteen, and Sect. 8. of

5 & 6 Vict. and the said Eighth Section of the Act passed in the Session

C. 22. repealed. holden in the Fifth and Sixth Years of the Reign of Her present Majesty, Chapter Twenty-two, shall be repealed, and all Contributions required to be made by Counties or Divisions of Counties, in pursuance of the aforesaid Provisions, shall henceforth cease.

[ocr errors]

CAP. XIII.
An Act to enable the Admiralty to acquire Property

for the Enlargement of the Royal Marine Barracks
in the Parish of East Stonehouse in the County of
Devon.

[17th May 1861.] WHEREAS it is expedient for Her Majesty's Service

that the Royal Marine Barracks in the Parish of East Stonehouse in the County of Devon should be enlarged, and - for (that Purpose that the Commissioners for executing the

Office of Lord High Admiral of the United Kingdom of
Great Britain and Ireland, herein-after styled “the Commis-
sioners," should be authorized by this Act to acquire the
Lands herein-after referred to: And whereas a Plan and
Book of Reference have been deposited with the Clerk of

the Peace for the County of Devon, showing what Land it ' is considered necessary for the said Commissioners to acquire

for the Purpose aforesaid:' 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. For the Construction of this Act, the Word “ Ways” Interpretation shall mean Turnpike Roads, Highways, Streets, Lanes, Opes, of Terms. Occupation Roads or Ways, Footpaths, Causeways, Passages, and other Ways of every Kind soever; the Words“ Special Act" in the Act incorporated herewith shall mean this Act; and the Words “ Promoters of the Undertaking” and

Company” in the Act incorporated herewith shall mean the Commissioners; the Word “Lands" shall include Lands, Messuages, Buildings, Tenements, and Hereditaments of every Description and of every Tenure, and all public and private Rights, Liberties, Appurtenances, Easements, and Privileges of every Description, in, over, upon, under, or through any Lands, Messuages, Tenements, or Hereditaments; the Word « Person” shall include a Body Corporate.

2. The several Provisions of " The Lands Clauses Consoli- Certain Clauses dation Act, 1845,” except Sections 11, 12, 13, 14, 15, 16, 17,

123, porated,

of 8 & 9 Vict. c. 16, incor

chase Lands

123, 127, 128, 129, 130, 131, 132, 133, 134, 140, 148, 150, and 151 of such Act, shall, so far as the same Provisions may be respectively applicable to and are not inconsistent with or modified by the Provisions of this Act, be incorporated with and form Part of this Act, as if re-enacted herein, and shall

be applicable to the Purposes hereof. Power to Ad- 3. Subject and according to the Provisions of this Act, it miralty to pur- shall be lawful for the Commissioners, if they think fit, at any delineated on

Time hereafter to purchase or take all or any of the Lands deposited Plan. delineated on the said Plan and mentioned in the said Book of

Reference so deposited with the Clerk of the Peace for the County of Devon as aforesaid, or any Estate, Lease, Term, Share, or Interest thereof or therein, which they may at any Time or Times consider requisite, and for the Purposes of any such Purchase or taking as aforesaid to enter into, execute, and make and do all such Contracts, Assurances, and Things as may seem to them necessary or proper; and when so purchased or taken the same Lands shall be and become and continue vested in the Commissioners and their Successors in Office for the Time being, according to the Nature and Quality thereof respectively, and to the Estate, Term, Share, or Interest acquired therein respectively by the Commissioners, to be held and enjoyed by the Commissioners for the Time being in succession in trust for Her Majesty, Her Heirs and Successors, for the Public Service.

4. After the Commissioners shall have purchased or acquired miralty to stop all or any of the said Lands, it shall be lawful for them, without up certain Ways deli- any Writ being issued or other legal Proceeding being adopted, neated on de- to stop up or alter all or any or any Part or Parts of the posited Plan.

Ways delineated on the said Plan and mentioned in the said Book of Reference; and the Sites of the said Ways or of any Part or Parts thereof which may be so stopped up shall vest absolutely in the Commissioners and their Successors in Office for ever, in manner herein-before provided with respect to

Lands purchased by them under or by virtue of this Act. Power to Ad- 5. It shall be lawful for the Commissioners, without any miralty to stop Writ being issued or other legal Proceeding being adopted, to up certain Sewers, &c. stop up or divert all or any of the Sewers, Drains, or Pipes, be

the same for Gas or Water or other Purposes, in, under, or through any of the Lands acquired or to be acquired by them under this Act, they, at the Cost of Her Majesty, if necessary, previously making, opening, or laying down another good and sufficient Sewer, Drain, or Pipe in lieu of any diverted or stopped up, and at such convenient Distance therefrom as to the Commissioners shall seem proper and necessary; and upon such substituted Sewer, Drain, or Pipe being completed or opened, or in case the same shall not be necessary, then as soon as Possession shall be taken by the Commissioners, the Site of such Sewer, Drain, or Pipe diverted or stopped up, and all Interest therein, shall vest absolutely in the Commissioners and their Successors for ever, in manner herein-before provided

Power to Ad

with respect to Lands purchased, taken, or acquired by the Commissioners under this Act; and the new Sewer, Drain, or Pipe shall vest in the same Commissioners, Trustees, or other Persons, and for the same Estate and Interest, in whom and for which the Sewer, Drain, or Pipe so diverted or stopped up was vested at the Time of the Diversion or Stoppage thereof by the Commissioners.

6. It shall be lawful for the Commissioners, their Surveyors, Power to AdOfficers, Agents, Servants, and Workmen, at all reasonable miralty to enter Times, and causing as little Damage or Inconvenience as may Survey, &c.

Lands, for be, to enter into or upon any such Lands as the Commissioners are empowered to take under this Act, and to survey and value the same, without being liable to any Suit or Action in respect thereof.

7. All Lands purchased, taken, or acquired under the Lands purAuthority of this Act which may be charged with the Land chased liable

to Land Tax Tax shall continue liable thereto as they would have been had to continue so. such Lands not been so purchased, taken, or acquired, but so, nevertheless, that the Commissioners shall have power to redeem the Land Tax, under the Acts in that Behalf made, if and when they think fit.

8. All Lands taken, purchased, or acquired under the Lands purAuthority of this Act which at the passing of the same may be chased liable to charged or chargeable with the “ Public Water Rate,” under or continue so. by virtue of the East Stonehouse Waterworks Act, 1851, shall be liable thereto as they were at the passing of this Act or would hereafter be had such Lands not been so purchased, taken, or acquired, but so nevertheless that such Lands shall not be assessed at any higher Value or Rent than that at which such Lands were assessed at the passing of this Act, but shall be subject to the same proportionate Reduction of the Public Water Rate as may hereafter be made generally in respect of other rateable Property within the said Parish.

9. For the Purpose of Assessments made or to be made As to the Perunder the East Stonehouse Waterworks Act, 1851, the Barrack son to be rated Master for the Time being of the Royal Marine Barracks in Vict. c. cxi. the Parish of East Stonehouse shall be deemed to be the Occupier of all Lands purchased, taken, or acquired under the Authority of this Act, and the Name of that Officer shall be inserted accordingly in all Assessments made by the East Stonehouse Waterworks Commissioners under the Authority of the East Stonehouse Waterworks Act, 1851, and Demand of Payment made in Writing at the Office of such Barrack Master shall be deemed a good Demand for all Purposes of recovering such Public Water Rate.

10. The East Stonehouse Water Commissioners shall after Supply of the passing of this Act, if at any Time or Times required by Water to be the Commissioners by Writing under the Hand of their continued in

respect to purSecretary, furnish and supply, upon the Lands taken, purchased, chased Lands or acquired under the Authority of this Act, for the Use of the Commissioners and of the Officers, Men, and others in the

« EelmineJätka »