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Previous Assent of the Crown necessary to give Validity to

clamation.

24 & 25 VICT. shall apply to Laws or Regulations to be so made by any such Lieutenant Governor in Council.

49. Provided always, That no Proclamation to be made by the Governor General in Council under the Provisions of this Act for the Purpose of constituting any Council for the Presidency, Division, Provinces, or Territories herein-before any such Prc- named, or any other Provinces, or for altering the Boundaries of any 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

the Office of

Governor General in certain Circumstances.

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

If it appears
to Governor
necessary to
exercise

Powers before
taking his Seat
in Council, he
may make his
Appointment,
&c. known by

Proclamation.

51. If, on such Vacancy occurring, it shall appear to the Governor, who by virtue of this Act shall hold and execute the said Office of Governor General, necessary to exercise the Powers thereof before he shall have taken his Seat in Council, it shall be lawful for him to make known by Proclamation his Appointment, and his Intention to assume the said Office of Governor General, and after such Proclamation, and thenceforth until he shall repair to the Place where the Council may 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

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 from or interfere with (except as herein-before expressly provided) the Rights vested in Her Majesty, or the Powers of the Secretary of State for India in Council, in relation to the Government of Her Majesty's Dominions in India, under any Law in force at the Date of the passing of this Act; and 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.

Nothing in derogate from the Powers of the Crown or State for India Secretary of in Council.

this Act shall

Term "in

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.

Act shall

come into

54. Except as herein-before specially provided, this Act Time when shall commence and come into operation as soon as the same 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.]
WHEREAS it is expedient to amend the Laws relating

to Attorneys and Solicitors in Ireland in manner hereinafter 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 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. 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

Universities

Three Years

Persons having

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 afore-
said, the Indentures of Apprenticeship shall be deemed to have
determined as if they had determined by Effluxion of Time.

3. Every Person who, either before or after the passing of this Act, has been called to the Degree of Utter Barrister in admitted after Ireland, and after ceasing to be a Barrister has been bound by

been at the Bar may be

Three Years

Service.

Persons having been bonâ fide

Clerks to Attorneys or Solicitors for

be admitted

Indenture to serve as an Apprentice for any Term exceeding
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.

4. Any Person who, either before or after the passing of this Act, shall for the Term of Ten Years have been a bonâ fide Clerk to an Attorney or Solicitor, or Attorneys or Solicitors, and during that Term shall have been bonâ fide engaged Ten Years may in the Transaction and Performance, under the Direction and 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

after Three

after

1

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 Effluxion 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 keep Terms. Dublin Office of an Attorney or Solicitor or Firm of Attorneys or Solicitors shall be required to attend Lectures or keep Terms in Dublin during his Apprenticeship.

Years expire in any Vacation, Examination may take place ceding such Vacation.

in Term pre

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 expire in any Vacation, then and in such Case any Person whose Period of Apprenticeship shall so expire shall be at liberty to pass his Examination in the Term immediately preceding the said Vacation, and at any Time in or after such 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.

judice Power

of Courts, &c. to dispense

7. Nothing in this Act contained shall prejudice or take Not to preaway any Right or Power now possessed by any Court of Law or Equity, or by any of the Judges of such Courts, or by the Benchers of the Society of King's Inn, to dispense in any particular Case with any of the Rules or Conditions relating

to

with Rules.

Extent of Act.

Short Title.

Interpretation of Terms.

Special Meeting of Trus

tees may be called to consider the Expediency of laying down Tramways.

Trustees may remit to their

Surveyor or to

to the Admission or Examination of Attorneys or Solicitors, or Apprentices.

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.]
WHEREAS it would be of great public and local Advan-

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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: 1. This Act may be cited for all Purposes as "The Tramways (Scotland) Act, 1861."

2. The following Words in this Act shall have the several 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 Tramroad 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:

3. Any Two Trustees may, by a Requisition under their Hands, require the Clerk to call a Special Meeting of the Trustees for any Day and Hour specified in such Requisition, not being earlier than Twenty-one Days after the Date thereof, for the Purpose of considering the Expediency of forming 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 resolve that it is expedient to form Tramways on the Roads

under

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