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of any

cumstances.

shall apply to Laws or Regulations to be so made by any

such Lieutenant Governor in Council. Previous As

49. Provided always, That no Proclamation to be made by sent of the Crown neces

the Governor General in Council under the Provisions of this sary to give Act for the Purpose of constituting any Council for the Validity to Presidency, Division, Provinces, or Territories herein-before any such Prcclamation.

named, or any other Provinces, or for altering the Boundaries

Presidency, Division, Province, or Territory, or constituting any new Province for the Purpose of this Act, shall have any force or Validity until the Sanction of Her Majesty to the same shall have been previously signified by the Secretary

of State in Council to the Governor General. Provision for

50. If any Vacancy shall happen in the Office of Governor the Supply of General of India when no provisional Successor shall be in the Office of Governor India to supply such Vacancy, then and in every such Case General in

the Governor of the Presidency of Fort Saint George or the certain Cir

Governor of the Presidency of Bombay who shall have been first appointed to the Office of Governor by Her Majesty, shall hold and execute the said Office of Governor General of India and Governor of the Presidency of Fort William in Bengal until a Successor shall arrive, or until some Person in India shall be duly appointed thereto; and every such acting Governor General shall, during the Time of his continuing to act as such, have and exercise all the Rights and Powers of Governor General of India, and shall be entitled to receive the Emoluments and Advantages appertaining to the Office by him supplied, such acting Governor General foregoing the Salary and Allowances appertaining to the Office of Governor to which he stands appointed, and such Office of Governor shall be supplied for the Time during which such Governor shall act as Governor General, in the Manner directed in Section Sixty-three of the Act of the Third and Fourth Years of King William the Fourth, Chapter Eighty-five.

· 51. If, on such Vacancy occurring, it shall appear to the to Governor Governor, who by virtue of this Act shall hold and execute necessary to

the said Office of Governor General, necessary to exercise the exercise Powers before Powers thereof before he shall have taken his Seat in Council,

his Seat it shall be lawful for him to make known by Proclamation his may make his Appointment, and his Intention to assume the said Office of Appointment, Governor General, and after such Proclamation, and thence&c. known by forth until he shall repair to the Place where the Council may Proclamation.

assemble, it shall be lawful for him to exercise alone all or any of the Powers which might be exercised by the Governor General in Council, except the Power of making Laws and Regulations; and all Acts done in the Exercise of the said Powers, except as aforesaid, shall be of the same Force and Effect as if they had been done by the Governor General in Council ; provided that all Acts done in the said Council after the Date of such Proclamation, but before the Communication thereof to such Council, shall be valid, subject nevertheless to Revocation or Alteration by such Governor who shall have so

assumed

If it appears

taking

assumed the said Office of Governor General; and from the Date of the Vacancy occurring until such Governor shall have assumed the said Office of Governor General the Provisions of Section Sixty-two of the Act of the Third and Fourth Years of King William the Fourth, Chapter Eighty-five, shall be and the same are declared to be applicable to the Case.

52. Nothing in this Act contained shall be held to derogate Nothing in from or interfere with (except as herein-before expressly pro- derogate from vided) the Rights vested in Her Majesty, or the Powers of the Powers of the Secretary of State for India in Council, in relation to the the Crown or Government of Her Majesty's Dominions in India, under any State for India Law in force at the Date of the passing of this Act; and in Council. all Things which shall be done by Her Majesty, or by the Secretary of State as aforesaid, in relation to such Government, shall have the same Force and Validity as if this Act had not been passed.

53. Wherever any Act or Thing is by this Act required Meaning of or authorized to be done by the Governor General or by the Council."?" Governors of the Presidencies of Fort Saint George and Bombay in Council, it is not required that such Act or Thing should be done at a Meeting for making Laws and Regulations, unless where expressly provided. 54. Except as herein-before specially provided, this Act Time when

Act shall shall commence and come into operation as soon as the same

come into shall have been published by the said Governor General in operation. Council by Proclamation.

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CAP. LXVIII.
An Act to amend the Laws relating to Attorneys and
Solicitors in Ireland.

(1st August 1861.] W HEREAS it is expedient to amend the Laws relating

to Attorneys and Solicitors in Ireland in manner herein• after mentioned :' 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. In the Construction of this Act, unless there be something Interpretation in the Subject or Context repugnant to such Construction, the of Terms. Word “ Attorney "shall mean Attorney of One or more of the Superior Courts of Law at Dublin, and the Word “ Solicitor” shall mean Solicitor of the High Court of Chancery in Ireland.

2. Any Person having taken the Degree of Bachelor of Arts Persons having or Bachelor of Laws in the University of Oxford, Cambridge, taken Degrees Dublin, Durham, or London, or in the Queen's University in at certain Ireland, or the Degree of Bachelor of Arts, Master of Arts, may be adBachelor of Laws, or Doctor of Laws in any of the Universi- mitted after ties of Scotland, none of such Degrees being honorary Degrees, Service.

Three Years and who at any Time after having taken such Degree, and either before or after the passing of this Act, has been bound by

and

been at the

and has duly served under Indentures of Apprenticeship to a practising Attorney or Solicitor for the Term of Three Years, and has been examined and sworn in manner directed by the Rules now in force or hereafter to be made by the Benchers of the Society of the King's Inns in Dublin, and in accordance with the Practice of the Court of Chancery or Superior Courts of Law in Ireland, may be admitted and enrolled as an Attorney or Solicitor, and where any Person has before the passing of this Act, and at any Time after having taken such Degree, been bound as aforesaid for any Period exceeding Three Years, he may, after having duly served Three Years of such Term, in such Manner as would have been required if he had been bound for Three Years only, and having been examined and sworn as aforesaid, and with the Consent in Writing (endorsed on his Indentures of Apprenticeship) of the Attorney or Solicitor to whom he may be bound to the immediate Determination of his Indentures of Apprenticeship, be admitted and enrolled as an Attorney or Solicitor, and where such Consent is given as aforesaid, and acted upon, under this Provision, by the Person hereby made eligible to be admitted and enrolled as aforesaid, the Indentures of Apprenticeship shall be deemed to have

determined as if they had determined by Effluxion of Time. Persons having 3. Every Person who, either before or after the passing of

this Act, has been called to the Degree of Utter Barrister in Bar may be admitted after Ireland, and after ceasing to be a Barrister has been bound by

Indenture to serve as an Apprentice for any Term exceeding Service.

Three Years to a practising Attorney or Solicitor, and has in either of the said Cases continued in such Service for the Term of Three Years, and during the whole of such Three Years served in such Manner as is herein-before required in the Case of Persons who have taken Degrees in the said Universities, and been examined and sworn as aforesaid, after the Expiration of such Term of Three Years, may be admitted and enrolled as an Attorney and Solicitor: Provided always, that in the Case of any such Person as aforesaid who has been bound for a Period exceeding Three Years it shall be necessary for such Term to be determined with Consent as herein-before provided in the Case of Persons having taken Degrees who may have been bound for a Period exceeding Three Years before the

passing of this Act. Persons having 4. Any Person who, either before or after the passing of been bonâ fide this Act, shall for the Term of Ten Years have been a bona Clerks to At. torneys or

fide Clerk to an Attorney or Solicitor, or Attorneys or SoliciSolicitors for tors, and during that Term shall have been bona fide engaged Ten Years may in the Transaction and Performance, under the Direction and be admitted after Three Superintendence of such Attorney or Solicitor, or Attorneys or Years Service. Solicitors, of such Matters of Business as are usually transacted

and performed by Attorneys and Solicitors, and who shall produce to the Examiners satisfactory Evidence that he had faithfully, honestly, and diligently served as such Clerk, and who, after the Expiration of the said Term of Ten Years, and

Three Years

after

after having been examined as may have been or may be required for the Time being of Persons seeking to become Apprentices to Attorneys or Solicitors, has been bound by and has duly served under Indentures of Apprenticeship to a practising Attorney or Solicitor for the Term of Three Years, and has been examined and sworn in manner mentioned in Clause Two, may be admitted and enrolled as an Attorney and Solicitor ; and where any such Person has, before the passing of this Act, been bound for any Period exceeding Three Years, he may, after having duly served Three Years of such Term, in such Manner as would have been required if he had been bound for Three Years only, and having been examined and sworn as mentioned in Section Two, and with the Consent in Writing (endorsed on his Indentures of Apprenticeship) of the Attorney or Solicitor to whom he may be bound to the immediate Determination of his Indentures of Apprenticeship, be admitted and enrolled as an Attorney and Solicitor; and where such Consent is given as aforesaid, and acted upon, under this Provision, by the Person hereby made eligible to be admitted and enrolled as aforesaid, the Indentures of Apprenticeship shall be deemed to have determined as if they had determined by Efuxion of Time.

5. No Apprentice within the Third Section and no Appren- Certain Aptice within the Fourth Section who shall have served Two prentices not Years or upwards of the said Term of Ten Years in the required to Dublin Office of an Attorney or Solicitor or Firm of Attorneys

keep Terms. or Solicitors shall be required to attend Lectures or keep Terms in Dublin during his Apprenticeship.

6. Whenever any of the Periods of Three Years and Five When the Years mentioned in this Act (whether the same Period shall Three or Five have commenced before or after the passing of this Act) shall Years expire in expire in any Vacation, then and in such Case any Person Examination whose Period of Apprenticeship shall so expire shall be at may take place liberty to pass his Examination in the Term immediately pre- ceding such ceding the said Vacation, and at any Time in or after such Vacation. Vacation ; and after the said Period of Apprenticeship shall have expired, the Lord Chancellor of Ireland or the Master of the Rolls, as to the Court of Chancery, and any one of the Judges as to the Courts of Common Law at Dublin, on being satisfied by Affidavit or otherwise that the Period of Apprenticeship of such Person has expired, may proceed to administer to him the Oath or Oaths usually taken in Ireland by Apprentices before being admitted, and may do and direct all other Acts necessary for or towards the Admission and Enrolment of such Person as an Attorney and Solicitor, as provided by any Act or lawful Regulation in that Behalf.

7. Nothing in this Act contained shall prejudice or take Not to preaway any Right or Power now possessed by any Court of Law judice Power

of Courts, &c. or Equity, or by any of the Judges of such Courts, or by the

to dispense Benchers of the Society of King's Inn, to dispense in any with Rules. particular Case with any of the Rules or Conditions relating

to

to the Admission or Examination of Attorneys or Solicitors,

or Apprentices. Extent of Act. 8. This Act shall only extend to Ireland, save as herein otherwise expressly provided.

CAP. LXIX.
An Act to provide for the Formation of Tramways on
Turnpike and Statute Labour Roads in Scotland.

[1st August 1861.] WH

HEREAS it would be of great public and local Advan

tage if Provision were made for the Formation of Tramways on Turnpike and Statute Labour Roads in « Scotland :' 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 Parlia

ment assembled, and by the Authority of the same, as follows: Short Title. 1. This Act may be cited for all Purposes as "The Tram

ways (Scotland) Act, 1861." Interpretation 2. The following Words in this Act shall have the several of Terms.

Meanings hereby assigned to them :
The Word “'Trustees” shall mean the Trustees for the Time

being appointed and acting under any Local Turnpike or

Statute Labour Road Act in Scotland :
The Word “Clerk” shall mean the Clerk for the Time being

to such Trustees :
The Word “Tramways” shall mean and include any Tram-

road or Tramway, whether temporary or permanent,
formed of Iron, Stone, or other Material, and laid down
level with the Surface on any Turnpike or Statute Labour

Road under the Provisions of this Act.
With respect to the Formation of Tramways on Turnpike

Roads : Special Meet- 3. Any Two Trustees may, by a Requisition under their ing of Trus

Hands, require the Clerk to call a Special Meeting of the tees may be called to conTrustees for any Day and Hour specified in such

Requisition, sider the Ex- not being earlier than Twenty-one Days after the Date thereof, pediency of

for the Purpose of considering the Expediency of forming laying down Tramways.

Tramways on the Roads under their Management, or any Part thereof; and within Three Days after the Receipt of such Requisition the Clerk shall call such Special Meeting, to be held at the Time specified therein, and at the Place where the Meetings of the Trustees are usually held; and Notice of such Meeting, and of the special Purpose thereof, shall be given by Advertisement inserted once in each of Two successive Weeks in a Newspaper published in the County in which such Roads are situated, or, if there be no Newspaper published therein, in a Newspaper published in an adjoining County,

4. If the Trustees present at such Special Meeting shall remit to their resolve that it is expedient to form Tramways on the

Trustees may

Roads Surveyor or to

under

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