APPENDIX TO THE IRISH JURIST, CONTAINING The Public General Statutes PASSED IN THE SESSION 1866, AND 29 & 30 VICTORIA. N.B. The Statutes relating to Ireland only are printed in full. CAP. I. of Her Majesty's most honourable Privy Council of An Act to empower the Lord Lieutenant or other Ireland, signed by six of the said Privy Council, for Chief Governor or Governors of Ireland to appre-high treason or treason felony or treasonable practices, hend, and detain for a limited time, such persons or suspicion of high treason or treason felony or as he or they shall suspect of conspiring against Her treasonable practices, or by warrant signed by the Majesty's Person and Government. Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, or his or their Chief tained in safe custody without bail or mainprize until Secretary, for such causes as aforesaid, may be dethe first day of September one thousand eight hundred and sixty-six, and that no judge or justice of the peace shall bail or try any such person or persons so committed without order from Her said Majesty's Privy Council until the said first day of September one thousand eight hundred and sixty-six, any law or statute to the contrary notwithstanding. [17th February 1866.] Sec. 1. Persons imprisoned in Ireland for High Treason or Treason Felony, &c. may be detained till 1st September, 1866, and shall not be bailed or tried without an Order from the Privy Council. 2. Persons to whom Warrants of Commitments are directed shall detain the Persons s0 committed in safe Custody. 3. Persons charged with Custody, as also Place of Detention, may be changed by Warrant herein mentioned. 4. Copies of Warrants to be transmitted to the Clerk of the Crown for Dublin. 'WHEREAS a treasonable conspiracy now unfortunately exists in Ireland:' Therefore, for the better preservation of Her Majesty's most sacred person, and for securing the peace, the laws, and liberties of this kingdom, 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: 1. That all and every person and persons who is, are, or shall be within prison within that part of the United Kingdom of Great Britain and Ireland called Ireland at or on the day on which this Act shall receive Her Majesty's royal assent, or after, by warraut before the passing of this Act, or shall be during the 2. In cases where any person or persons have been time this Act shall continue in force, arrested, committed, or detained in custody by force of a warrant or warrants of Her Majesty's Most Honourable Privy Council of Ireland, signed by six of the said Privy Council, for high treason or treason felony or treasonable practices, or suspicion of high treason or treason felony or treasonable practices, or by warrant or warrants signed by the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, or his or their Chief Secretary, for such causes as aforesaid, it shall and may be lawful for any person or persons to whom such warrant or warrants have been or shall be directed to detain such person or persons so arrested or committed in his or their custody in any place whatever within Ireland, and that such person or persons to whom such warrant or warrants have been or shall be directed shall be deemed and taken to be to all intents and purposes lawfully 3. The provisions of the following section of the said Act, namely, sections forty-eight to fifty-one (both inclusive), section fifty-two as amended by this Act, and section fifty-three, shall extend and apply to all incorporated companies, existing or future, constituted with the object or carrying on the business of constructing, maintaining, or working telegraphs, and to the works of those companies. 4. This Act may be cited at the Telegraph Act Amendment Act, 1866. authorized to detain in safe custody, and to be the lawful gaolers and keepers of such persons so arrested, committed, or detained, and that such place or places where such persons so arrested, committed, or detained are or shall be detained in custody shall be deemed and taken to all intents and purposes to be lawful prisons and gaols for the detention and safe custody of such person and persons respectively; and that it shall and may be lawful to and for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, by warrant signed by him or them, or for the Chief Secretary of such Lord Lieutenant or other Chief Governor or Governors, by warrant signed by such Chief Secretary, or for Her Majesty's Privy Council of Ireland, by warrant signed by six of the Privy Council, from time to time, as occasion shall be, to change the person or persons Sec. 1. Powers by said Acts vested in Privy Council by whom and the place in which such person or persons so arrested, committed, or detained shall be detained in safe custody. '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: 1. The powers vested in one of her Majesty's principal secretaries of state, by section fifty-two of the Telegraph Act, 1863, may be exercised in Ireland by the Lord Lieutenant or other chief governor or governors of Ireland for the time being, as well as by one of her Majesty's principal secretaries of state, subject, with respect to compensation, and in all other respects, to the provisions in that section contained. 2. Where the powers of seation fifty-two of the said Act are exercised by the Lord Lieutenant or other chief governor or governors of Ireland, then and in every such case, in section fifty-one of the same Act, the Lord Chief Justice of her Majesty's Court of Common Pleas in Dublin shall be deemed to be substituted for the Lord Chief Justice of her Majesty's Court of Common Pleas at Westminster. CAP. IV. An Act to amend the Law relating to Contagious 11 & 12 Vict. c. 107. 16 & 17 Vict. c. 62. may be exercised by the Lord Lieutenant, 2. The Lord Lieutenant, with the advice of Privy Council in Ireland, may make orders and regulations for the purposes of the recited Acts and this Act. 3. All orders and regulations made uuder this 5. Recovery and application of penalties. 8. Recovery of expenses incurred under previous section. 9. Orders of Privy Council shall remain in force until modified, &c. 10. A fund to be provided for defraying expenses 11. Treasurers of Unions shall pay over amount of the chief secretary of Lord Lieutenant. 13. If a further sum required the same to be certified to the commissioners and assessed by them. 14. If occasion shall not arise for application of 15. This Act, and recited Acts to be construed 18. To extend to Ireland only. 'And whereas the said Act has been extended and continued by an Act passed in the sixteenth and seventeenth years of the reign of her Majesty, chapter sixty-two, and has by sundry Acts been further continued as so extended, and is now in force until the first day of August one thousand eight hundred and sixty-sixty and the end of then next session of Parliament: and whereas it is expedient, so far as Ireland is concerned, to amend the said Act:' 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. The several powers and authorities by the said recited Acts vested in the lords and others of her Majesty's Privy Council shall and may be exercised by the Lord Lieutenant or other chief governor or governors of Ireland for the time being, by and with the advice of her Majesty's Privy Council in Ireland. 2. It shall be lawful for the said Lord Lieutenant or other chief governor or governors of Ireland, by and with the advice of her Majesty's Privy Council in Ireland, from time to time to make such orders and regulations as to him or them may seem necessary for the purposes in the said recited Acts mentioned, and for the purpose of regulating the embarkation and landing of persous in charge of cattle or sheep or other animals, and of prohibiting and regulating the importation into Ireland of cattle, dogs, and other animals, and of all other articles likely to carry or communicate infection, and all such orders and regulations as to him or them may seem necessary (including the compulsory slaughter and burial of animals in an infected state or likely to propagate infection), for the purpose of preventing the introduction of the cattle plague into Ireland, and for the purpose of preventing the spreading of the same in case it should appear in Ireland, and of making all other orders or regulations for enforcing and giving better effect to this or the said recited Acts; and such orders and regulations, when made, and published in the Dublin Gazette, as hereinafter mentioned, shall have the same force as if they had been inserted in this Act. 3. All orders and regulations made under the authority of this Act shall, within one week after the making thereof, be published in the Dublin Gazette; and copies of the said orders and regulations shall be posted at such places and in such manner as the Lord Lieutenant or other chief governor or governors of Ireland, with the advice and consent of her Majesty's Privy Council in Ireland may direct. 4. In all courts of justice a copy of the Dublin Gazette, purporting to be printed by the Queen's authority, shall be conclusive evidence of the due making and publication of the orders or regulations which may be found therein, and it shall not be necessary to prove any other publication or the posting of the said orders and regulations. 5. All penalties imposed by this Act or the recited Acts, save as hereinafter provided, may be recovered in Ireland before a justice at petty sessions, in the manner related by the Acts regulating petty sessions in Ireland; and all penalties shall be applied as follows, that is to say, a part thereof not exceeding onethird may be awarded to the informer, and the rest to her Majesty, to be applied in aid of the fund by this Act created. 6. If any person acts in contravention of any provisions in this Act contained, or any order made in pursuance of this Act, he shall for each offence incur a penalty not exceeding twenty pounds, and where any such act is committed with respect to more than four animals, a penalty not exceeding five pounds for each animal may be imposed instead of the penalty of twenty pounds. 7. If any person moves or otherwise deals with any animal, matter, or thing in contravention of this Act or any order or regulation made in pursuance thereof, or if any drover or person in charge of any such animal, matter, or thing acts in contravention of any such order or regulation, any inspector or other officer appointed for carrying into effect the purposes of this Act, or any constable or police officer, may take such offender into custody, and detain him for such time as may be necessary to bring him before any justice of the peace, who shall thereupon be authorized to adjudicate in a summary manner on the penalty to be paid by him; any such officer may also seize any animal, matter, or thing in the charge of the offender, and take them to some place where they can be safely kept, and there detain them until he can obtain an order of a justice respecting them. Any justice to whom application is made for an order respecting any animal, matter, or thing detained under this section, may order same to be detained or disposed of in such manner as may be directed by any orders or regulations to be made in pursuance of this Act; provided that no right of compensation shall be given in respect of animals, matters, or things seized or disposed of under this section. 8. Any expenses incurred under this last section may be recovered in a summary manner from the owner of the animal, matter, or thing in respect of which such expenses have been incurred, and the animal, matter, or thing may be detained until all such expenses have been defrayed; and if such expenses are not paid within four days, the same may be sold by public auction or private contract, and the monies arising from such sale applied in payment of the said expenses, including the expenses of the sale, and the overplus (if any) be returned to the owner or person in charge thereof. 9. All orders heretofore made by her Majesty's Privy Council shall be and remain in force and effect unless and until the same shall be modified or altered, so far as relates to Ireland, by the Lord Lieutenant and Privy Council, under the powers of this Act. 10. And whereas it is expedient, in case the cattle disease now prevailing in Great Britain, known as the rinderpest, should appear in Ireland, to provide a fund for defraying the expenses of carrying this Act into execution, and for compensating the owners of cattle the slaughter of which may be compelled by authority:' Be it further enacted, that on the receipt of the chief secretary or under secretary of the Lord Lieuteuant to the effect that a sum equivalent to a certain poundage, to be specified in said certificate, on the net annual value of the property rateable to the poor in all the unions in Ireland is re quired for the purpose aforesaid, it shall be lawful for the commissioners for administering the laws for relief of the poor in Ireland to assess such sum, by an the net annual value of the rateable property in the unions in Ireland. 14. If after the assessment and payment of any such sum or sums as aforesaid into the Bank of Ire order under their seal, upon the several unions, in proportion to the net annual value of the rateable property therein, according to the valuation in force for the time being; and the said commissioners shall make such order, and shall transmit to the board of guar-land occasion shall not arise for the application of the dians, and likewise to the treasurer of each union, a copy thereof, stating the amount so assessed on such union; provided that no such certificate or order shall authorize the assessment of more than one halfpenny in the pound on the net annual value of the rateable property as aforesaid. 11. Forthwith on the receipt of such order the treasurer of the union shall, out of the funds then lying in his hands to the credit of the guardians, or, if there shall be then no sufficient assets out of the monies next received by him and placed to the credit of the guardians, pay over the amount so assessed on the union to the Bank of Ireland, to be there placed to a separate account, to be entitled the "cattle plague account; " and the guardians of the union shall in their account with the electoral divisions of the union debit each electoral division with its proportion of the said sum, according to the net annual value for the time being of the rateable property situate in each such division. 12. All claims for compensation for cattle which shall have been compelled to be slaughtered as aforesaid shall be sent to the office of the chief secretary of the Lord Lieutenant in Dublin, and shall be there dealt with and disposed of in accordance with the regulations in that behalf to be made and approved by the Lord Lieutenant and Privy Council; provided that in the case of cattle affected with the disease no whole or any part thereof to the purpose aforesaid, the fact shall be certified, as hereinbefore provided, to the said commissioners, who shall thereupon ascertain the amount of the remaining balance, and make and issue an order under their seal assigning the proportions returnable to each union according to its net annual value, and the Bank of Ireland shall, on receiving direction to that effect from the chief secre tary or under-secretary of the Lord Lieutenant, remit the sums so assigned to the treasurers of the said unions respectively, and the guardians of each union shall, on the treasurer's receipt of the sum so assigned, credit each electoral division with its proportion according to the net annual value of the rateable property situate in each. 15. This Act and the said recited Acts shall be construed together, and all provisions of the said recited acts shall remain in full force save to the extent to which they have been modified or altered by this Act. 16. The words "justice of the peace" shall mean, within the police district of Dublin metropolis, one of the divisional justices of said district. 17. This Act may be cited as "The Cattle Disease Act (Ireland), 1866." 18. This Act shall extend to Ireland only. CAP. V. An Act for amending the Laws relating to the Investments on account of Savings Banks and Post Office Savings Banks. [13th March, 1866.] Sec. 1. Power to treasury to substitute terminable annuities for capital stock standing to sav 2. 3. ings bank account. Effect of substitution of terminable annuities for capital stock. Power of Commissioners of Treasury as to payment to Commissioners of National Debt. 4. Power to Treasury to cancel capital stocks of 5. annuities and substitute terminable annuities. Warrants to be sufficient authority for cancellation, &c. greater amount shall be paid as compensation than one half of the actual value thereof immediately before being attacked by the disease, such value to be ascertained, certified, and reported as in the said regulations shall be provided, the sum in no case to exceed the sum of twenty pounds for each animal, and in the case of such cattle being insured, and the insurance receivable by the owner, no more than the difference, if any, between the one half of the actual value thereof so limited, and to be ascertained as aforesaid, and the amount of insurance so receivable; and in case of animals compelled to be slaughtered by reason of having been in the same shed or stable, or in the same herd or flock, or in contact with any animal infected with the disease, no greater amount shall be paid as compensation than three fourths of the actual value of the animal so slaughtered, not to exceed the sum of twenty-five pounds for each ani-WHEREAS in pursuance of divers Acts of Parliament mal, and in the case of cattle insured, and for which the investments made by the Commissioners for the insurance is receivable by the owner, no more than Reduction of the National Debt of the monies remitthe difference, if any, between the three-fourths of ted to them on account of ordinary savings banks and the actual value thereof so limited, and to be ascer- post office savings banks consist in part of capital tained as aforesaid and the amount of the insurance stocks and annuities standing in their names in the so receivable. books of the governor and company of the Bank of 13. If after the disbursement of the said fund in England to two seperate accounts, the one intituled the manner aforesaid a further sum shall be required" the account of the fund for the banks of savings," for like purposes, such farther sum shall be certified and the other "the account of the post office savings to the said commissioners, and assessed by them, and banks fund: " paid to the said account as hereinbefore enacted; provided that no larger sum shall be levied under the authority of this Act than shall be equivalent in the whole to a poundage of fourpence in the pound on 6. Short title. And whereas it is expedient to make further provision in relation to the said investments:' 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: of March, one thousand eight hundred and sixty- CAP. VII. An Act to enable her Majesty to settle an Annuity CAP. VIII. An Act to enable her Majesty to provide for the Sup- 1. The Commissioners of her Majesty's Treasury may, if they think it advantageous to the public service, by warrant addressed to the governor and company of the Bank of England, direct them to cancel any amount the said Commissioners of the Treasury may think fit, not exceeding in the whole two millions five hundred thousand pounds, of the capital stocks of annuities standing on each of the said savings bank accounts, and to substitute for the stock so cancelled on each account an annuity terminable at the expiration of a period not exceeding thirty years, and equivalent in value to the amount of stock cancelled, such value to be certified to the said Commissioners of the Treasury under the hands of the ComptrollerGeneral or Assistant Comptroller General and of the Actuary of the National Debt office, and to be ascertained according to the tables for the time being in force in relation to the grant of annuities by the Com- An Act for the Regulation of her Majesty's Royal missioners for the Reduction of the National Debt under the Act tenth George the Fourth, chapter twentyfour. 2. Upon the cancellation of any stock in pursuance of this Act, all dividends payable thereon shall cease to be payable from and after the the last day on which they were due previously to such cancellation, and the terminable annuity substituted for such stock shall be chargeable upon and payable out of the consolidated fund of the United Kingdom, or the growing produce thereof, in such proportions and at such times as may be fixed by the warrant of the said Commissioners of the Treasury. CAP. IX. An Act for Punishing Mutiny and Desertion, and for the better Payment of the Army and their Quar[23rd March, 1866.] ters. CAP. X. Marine Forces while on shore. [23rd March, 1866.] An Act for the Cancellation of certain Capital Stocks CAP. XII. An Act to make Provision for the Government of CAP. XIII. 3. The Commissioners of her Majesty's Treasury may from time to time vary the periods at which pay- An Act to apply the Sum of Nineteen Millions out of ments are to be made from the consolidated fund to the Commissioners for the Reduction of the National Debt, on account of any annual charges created by any Act for the time being in force for savings banks and post office savings banks. 4. The Commissioners of her Majesty's Treasury may in like manner, from time to time, when they shall consider it advantageous for the public service, direct the cancelling of such further amounts of capital stocks of annuities held by the Commissioners for the Reduction of the National Debt for post office savings banks as they shall consider expedient, and may substitue equivalent terminable annuities under the provisions of this Act in lieu of the capital stocks of annuities so cancelled. 5. The warrants to be issued to the said governor and company for the cancellation of any capital stock and the creation of any terminable annuity under this Act shall be a sufficient authority for such cancellation and creation. 6. This Act may be cited for all purposes as "The Savings Bank Investment Act, 1866." CAP. VI. An Act to supply the sum of one million one hundred and thirty-seven thousand seven hundred and seventy-two pounds out of the Consolidated Fund to the Service of the Year ending the thirty-first day |