vertisement.

firmation of

Clerk of any County, District, or Division in Scotland, in which the proposed Works referred to in such Order may be situate; and Notice of such Deposit shall be given by Adver- Notice of tisement once in the London, Edinburgh, or Dublin Gazette, Deposit by Adand in some Newspaper circulated in the County as aforesaid; and after it shall have been certified to the Board of Trade Board of Trade by the Promoters that such Deposit and Advertisement as last to obtain Conaforesaid have been made, and that Fourteen Days have elapsed Provisional from the Date of such Advertisement, the Board of Trade shall, Order by Parwithin Three Calendar Months from the Beginning of the liament. Session of Parliament in any Year, cause a Bill to be introduced into either House of Parliament for the Purpose of obtaining an Act for the Confirmation of such Order, and the Order to be confirmed shall be specified in a Schedule to the Bill introduced for confirming the same, and shall be set out at Length therein, and until such Confirmation no Provisional Order shall be of any Validity or Force whatever; and every Act of Parliament confirming such Order shall be deemed a Public General Act.

against an

17. In case any Petition shall be presented to either House Where Petiof Parliament against any Provisional Order framed in pur- tion presented suance of this Act, in the Progress through Parliament of the Order, Bill conBill confirming the same, the Bill, so far as it relates to the firming same Order so petitioned against, may be referred to a Select Com- may be refermittee, and the Petitioner shall be allowed to appear and Committee. oppose as in the Case of Private Bills.

red to Select

18. All Orders, Notices, Consents, Approvals, and other Orders, &c. by Acts of the Board of Trade or of the Lords of the Admiralty whom to be signed. in execution of this Act shall be in Writing or in Print, or partly in Writing and partly in Print, and shall be signed by One of the Secretaries or Assistant Secretaries of the Board of Trade, or by the Secretary of the Admiralty for the Time being, as the Case may be.

to report to

Parliament.

19. The Board of Trade shall make and lay before both Board of Trade Houses of Parliament in the Month of February in each Year, if Parliament be then sitting, or if Parliament be not then sitting, then within One Week after the next Meeting thereof, a general Report of their Proceedings under this Act, stating the several Cases in which Applications have been made to them under the Provisions of this Act, and the Board of Trade may from Time to Time make and lay before Parliament such special Reports in relation to all or any of the Matters aforesaid as they may think fit.

State for War

20. It shall be lawful for the Promoters of any Harbour Power to Seconstructed under the Provisions of this or any other Act, cretary of whether Local or otherwise, to make, and for Her Majesty's to take and Principal Secretary of State for the War Department to ac- hold Land, cept, a Grant either in Fee or for a Term of Years not less &c. for Batteries, &c. than Nine hundred and ninety-nine Years of any Lands, Tenements, and Hereditaments proper for Sites for Batteries or Fortifications, not exceeding in Quantity in any One Place A a 2

what

24 & 25 VICT. what may be sufficient for building and erecting thereon a Battery or Fortification for the Protection of such Harbour, and for making a proper or sufficient Access or Approach thereto, and to enter into any Covenant or Stipulation with the said Principal Secretary of State and his Successors not to build or do any Act prejudicial to the said Batteries or Fortifications on the Land adjacent to the Sites so granted as aforesaid, within the Line of Fire from such Batteries or Fortifications to be erected thereon, and which Sites when conveyed as aforesaid shall be held by the said Principal Secretary and his Successors on behalf of Her Majesty.

14 & 15 Vict.

6

c. 38.

Provisional Orders confirmed.

6

CAP. XLVI.

An Act to confirm certain Provisional Orders made
under an Act of the Fifteenth Year of Her present
Majesty, to facilitate Arrangements for the Relief of
Turnpike Trusts, and to extend the Provisions of the
said Act.
[1st August 1861.]
WHEREAS, by an Act of the Fifteenth Year of Her
Majesty, Chapter Thirty-eight, "to facilitate Arrange-
ments for the Relief of Turnpike Trusts, and to make
"certain Provisions respecting Exemptions from Tolls," herein-
' after referred to as the Principal Act, Power is given to One
of Her Majesty's Principal Secretaries of State to make
'Provisional Orders for reducing the Rate of Interest and for
extinguishing the Arrears of Interest on Mortgage Debts
charged or secured on the Revenues of Turnpike Roads, in
Cases where such Revenues are insufficient for the Payment
in full of the Interest charged thereon: And whereas by the
Annual Turnpike Acts Continuance Act, 1860, the Principal
'Act is extended to Turnpike Roads the Acts relating to which
are continued by such last-mentioned Act, although their
Revenues are not insufficient for such Payments as aforesaid:
And whereas in pursuance of the Principal Act and the said
Act extending the same, the several Provisional Orders
referred to in the Schedule hereto have been made by Her
Majesty's Principal Secretary of State for the Home Depart-
6 ment, and there are stated in the said Schedule the Dates
of such Orders and such Particulars relating thereto as are
therein specified: And whereas it is expedient that the said
• Provisional Orders should be confirmed and made absolute,
and that the Provision made by the said Annual Continuance
'Act, 1860, should be extended to Turnpike Roads the Acts
relating to which are continued by any Annual Continuance
Acts: 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 Parlia-
ment assembled, and by the Authority of the same, as follows:

6

1. The several Provisional Orders the Dates of which are set forth in the First Column of the said Schedule are hereby confirmed,

confirmed, and the Provisions thereof shall be of the like Force and Effect as if they had been expressly enacted by Parliament.

15 Vict. c. 38.

2. So much of the Principal Act as confines the Operation Provisions of thereof to Cases where the Revenues of a Turnpike Road are extended to insufficient for the Payment in full of the Interest charged on Cases herein such Revenues shall, so far only as relates to any Turnpike named. Road in England the Act in relation to which is continued by any Annual Turnpike Acts Continuance Act, be repealed; and in the Case of any such Turnpike Road the Provisions of the Principal Act shall be applicable (although the Revenues of such Turnpike Road be not insufficient for such Payment as aforesaid).

16 Nov. 6 Geo. 4. c. 46., “An Act for 10,301 5 0 11.10s. per No arrears

66

repairing the Road from

66

Kingston-upon-Thames

to

"Leatherhead in the County,

"of Surrey."

30 Nov. 10 Geo. 4. c. 65., "An Act for 3,050 0 0

"more effectually repairing

"County of Derby."

26 Dec. 59 Geo. 3. c. 25., " An Act for 6,530 0 0 31.10s. per No arrears

"repairing the Road from
"Shelton's Lane in Bury in
"the County of Huntingdon
"to a House formerly called
"The Spread Eagle in the
"Hamlet of Stratton, in the
"Parish of Biggleswade in
"the County of Bedford."

19 March 10 Geo. 4. c. 56., " An Act for 7,351 17 6 37.10s. per

"the Road from the Brick
"Kilns on East Malling Heath
"to Pembury Green, and from
"Brandbridges to the Four
"Wents near Matfield Green,
"and from the said Road into
"the Mereworth and Hadlow
"Road, in the County of
"Kent."

16 May 2 Will. 4. c. 58., "An Act for
"more effectually repairing
"and maintaining the Turn-
66 pike Road from or near a
"Place called the Five Oaks
"in the Parish of Billings-
"hurst, to join the Horsham
"and Guildford Turnpike
"Road on Broadbridge Heath
"in the County of Sussex."
29 June 10 Geo. 4. c. 81., “An Act for
"maintaining and repairing
"the Road from the River at
"Swathling through Botley
"to the Road at Sherril
"Heath in the County of
"Southampton."

Cent.

No arrears extinguished.

31 Dec. 1860.

CAP. XLVII.

An Act to facilitate the Construction and Improvement
of Harbours by authorizing Loans to Harbour
Authorities; to abolish Passing Tolls; and for
other Purposes.
[1st August 1861.]
WHEREAS it is expedient that Provision should be made
for the Construction and Improvement of Harbours by
authorizing Loans from the Public Funds to Harbour Autho-
rities, and that Provision should also be made for the Abolition
of Passing Tolls, of Tolls levied on Shipping for the Purpose
of Charities, of Differential Dues on Foreign Shipping, and
of Compensation payable in respect thereof out of the Public
Monies; and for making Arrangements for the Preservation
of the Rights of Creditors and for other Purposes:' 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:

Preliminary.

1. This Act may be cited for all Purposes as "The Harbours Short Title. and Passing Tolls, &c. Act, 1861."

2. In the Construction of this Act the following Expressions Interpretation shall have the Meanings hereby assigned to them, unless such of Terms : Meanings are inconsistent with the Context; that is to say,

The Expression" Board of Trade" shall mean the Committee "Board of of Privy Council appointed for the Consideration of Trade:" Matters relating to Trade and Foreign Plantations:

The Word "Harbour" shall include Harbours properly so "Harbour:"
called, whether natural or artificial, Estuaries, navigable
Rivers, Piers, Jetties, and other Works in or at which
Ships can obtain Shelter, or ship and unship Goods or
Passengers:

Authority."

"Harbour Authority" shall include all Persons, or Bodies of "Harbour Persons, corporate or unincorporate, being Proprietors of or intrusted with the Duty of constructing, improving, managing, maintaining, or lighting any Harbour: The Expression "Limited Estate

66

Estate:"

shall mean the Estate "Limited of any Person entitled under any Settlement at Law or in Equity for his own Benefit to the Possession or Receipt of the Rents and Profits of Land of any Tenure for the Term of his own Life or of the Life of any other Person, whether such Land is or is not subject to Incumbrances: The Word Settlement" shall include any Act of Parlia- "Settlement:" ment, Will, Deed, or other Assurance whereby particular Estates or particular Interests in Land are created with Remainders or Interests expectant thereon, and any Deed of Entail; and every Estate and Interest created by Appointment made in the Exercise of any Power contained in any Settlement or derived from any Settlement shall

be