London Coal and Wine Duties Continuance. Money raised under those Acts in or towards the Construction or Execution of any Work authorized by this Act), and, as far as may be, the Provisions of those Acts shall apply for the Purposes and in the Execution of this Act; and there shall be incorporated with this Act Section Seven of the Embankment Act of 1862 (relating to a Committee of the Board); and for this Purpose the Term "this Act," and Words of Reference thereto, used in the last-mentioned Section, shall be taken to mean or refer to the present Act. 28. Nothing in this Act contained shall in any manner prejudice or affect any of the Powers of the Commissioners of Sewers of the City of London further than may be necessary for effecting the Works by this Act authorized; and any Expense which such Commissioners may incur in making any additional Sewers or Drains, or altering any existing Sewers or Drains (not being Main Drains), in consequence of the Removal, Destruction, Alteration, or Diversion or stopping up any existing Sewers or Drains, shall be repaid to them by the Board. 29. This Act may be cited as Act, 1863." 66 Saving Rights of Commissioners of Sewers. The Metropolis Improvement Short Title. 30. All the Costs, Charges, and Expenses of and incidental and Expenses of preliminary to the obtaining of this Act, or incurred by the Board Act. in relation thereto, shall be paid out of the Thames Embankment and Sietropolis Improvement Fund; and the Commissioners of Her Majesty's Treasury shall apply such Sums as may be necessary for this Purpose accordingly, out of the Money forming Part of that Fund at the passing of this Act. CA P. XLVI. An Act for further continuing and appropriating the London [13th July 1863.] HEREAS by The London Coal and Wine Duties Con- 24 & 25 Vict. tinuance Act, 1861, the Local Coal and Wine Duties c. 42. therein mentioned, being Four Shillings a Tun on Wines, and "One Penny and Twelvepence a Ton on Coals, Culm, and Cinders, were continued until the Fifth Day of July One thousand 6 · eight hundred and seventy-two; and by the same Act the Proeeeds of the said Wine Duty, and of the said Coal Duty of One Penny, and of the Duty of Eightpence, Part of the said Coal Duty of Twelvepence, were directed (after Satisfaction of certain Charges) to be paid to an Account to be opened in the Name mined by Parliament: And whereas by the same Act the Proceeds of the Duty of Fourpence, Residue of the said Coal Duty of Twelvepence (after Payment of certain Charges thereon), were directed to be applied by the Mayor, Commonalty, and Citizens of the City of London ' towards 25 & 26 Vict. c. 93. London Coal and Wine Duties Continuance. towards or in aid of such Public Improvements in or adjacent to 'the said City as Parliament should thereafter sanction: And whereas by The Thames Embankment Act, 1862, the Metropolitan Board of Works were authorized to make an Embankment on the Left Bank of the Thames from Westminster 'Bridge to the Eastern Boundary of the Inner Temple, and a Viaduct thence to Blackfriars Bridge, with a public Roadway ' on the Embankment and on the Viaduct : 'And whereas by the said Embankment Act of 1862 it was And whereas, with a view of making a general Fund for defray'ing the Expenses of carrying into effect the Objects of the said 'Bill, as well as the Purposes of the Embankment Act of 1862, it is proposed by the said Bill that the said Board should be authorized to borrow under the Provisions of the Embankment 'Act of 1862 the Sum of Two million Pounds instead of the Sum ' of One million Pounds. And whereas several Works have been recommended for the Improvement of the Metropolis by the Commissioners appointed by Her Majesty to examine Plans for embanking the Surrey Side of the River Thames within the Metropolis, and by the Commissioners appointed to consider the Advantages and Cost of different Plans calculated to relieve the overcrowding of ' existing Thoroughfares, and to conduce to the Convenience of the Public and the Embellishment of the Metropolis: And whereas it would greatly conduce to the Convenience of the Public and to the Accommodation of Metropolitan Traffic if Alterations and Improvements were made in and adjacent to Holborn Hill and Skinner Street, by the raising of Holborn • Valley: And whereas it is apprehended that the Proceeds of the said • Coal and Wine Duties as continued by the said Continuance Act ' of 1861 will be insufficient for the Purposes aforesaid, and it is therefore expedient to continue the same from the said Fifth Day of July One thousand eight hundred and seventy-two for a further Period of Ten Years, for the Purpose of providing Means to defray the Expenses of the Undertakings aforesaid, including the Alterations and Improvements aforesaid in and adjacent to Holborn Hill and Skinner Street :' 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: Courts of the Church of Scotland. further Period of Ten Years. 1. All Duties by The London Coal and Wine Duties Con- Continuance of tinuance Act, 1861, continued until the Fifth Day of July One Duties and thousand eight hundred and seventy-two, and all Acts relating Acts for a thereto, shall be continued until the Fifth Day of July One thousand eight hundred and eighty-two; and The London Coal and Wine Duties Continuance Act, 1861, shall be read as if the Fifth Day of July One thousand eight hundred and eighty-two had been substituted throughout that Act for the Fifth Day of July One thousand eight hundred and seventy-two. London to 2. The net Proceeds of the Duty of Fourpence, Part of the Coal Duty of 4d. Duty of Twelvepence, on Coal, Culm, and Cinders, continued by to be applied by this Act until the Fifth Day of July One thousand eight hundred Corporation of and eighty-two, shall, during the Continuance thereof be applied Holborn Hill by the Mayor, Commonalty, and Citizens of the City of London Improvements. in the first instance in Payment of the Interest and in discharge of so much of the Principal of the several Sums mentioned in the Sixth Section of The London Coal and Wine Duties Continuance Act, 1861, as now remains unpaid; and an Account of the Receipt and Application of such Duty of Fourpence shall be kept separate and distinct from the Accounts of the said Mayor, Commonalty, and Citizens, and an Abstract of the said Account shall be annually laid by the Chamberlain of the said City before both Houses of Parliament; and after discharging the said Sums and Interest, and in the meantime subject thereto, the said Duty of Fourpence shall be applied by the Corporation of London in the first instance towards or in aid of the raising of Holborn Valley, and afterwards to such other public Improvement or Improvements in or adjacent to the City of London as Parliament shall hereafter sanction. 3. This Act may be cited as The London Coal and Wine Duties Short Title. Continuance Act, 1863. CA P. XLVII. An Act for removing Doubts as to the Powers of the Courts W L most When a Libel found relevant against a Minister, Presbytery may require and enjoin him to abstain from the Discharge of his Functions. When a Minister has become insane, appoint an Assistant. Courts of the Church of Scotland. 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. Whenever any Presbytery or other Court of the Church of Scotland shall have found a Libel relevant, charging the Minister of any Parish with immoral Conduct or with Error in Doctrine, and shall have resolved to proceed to a Proof of the said Libel, it is hereby declared and enacted that it is and shall be held to be the Right of the said Presbytery to pronounce a Deliverance requiring and enjoining such Minister to abstain from the Exercise and Discharge of all Ministerial Functions of his Office as Minister of the Parish until the Libel shall have been fully investigated and finally disposed of; and in the event of an Appeal against such Deliverance the same shall continue in force until the same shall have been recalled by the Court of Appeal; and the Ordinances of Religion in the said Parish shall, so long as such Deliverance is unrecalled, be administered in the same Way as if the Parish were vacant by the Decease of the Minister thereof: Provided always, that nothing herein contained shall' affect the Right of such Minister to his Stipend. 2. When, in the course of any Judicial Process affecting the Status of a Minister, or on the Representation of any Party Presbytery to having Interest, it has been established to the Satisfaction of a Presbytery or other Superior Court of the Church, on a Certificate by the Sheriff of the County, which he is hereby authorized to grant after due Investigation, that the Minister of any Parish is insane, and thereby disabled from discharging the Duties of his Office, it is hereby further declared and enacted, that it is and shall be the Right of the Presbytery, unless an Arrangement for the Purposes after mentioned shall have been made on behalf of the said Minister to the Satisfaction of the Presbytery, to appoint a qualified Assistant to perform the Duties of the Charge until the said Minister shall be enabled to resume the same, or until the Parish shall be declared vacant, and at the same Time to apportion and fix, by their Deliverance appointing such Assistant, an Allowance out of the Stipend not exceeding One Half of the whole Proceeds of the Benefice, and which shall be payable so long as such Assistant shall hold and continue to act on his Appointment by the Presbytery; and such Deliverance, when duly intimated to the Heritors or others liable in Payment of the Stipend, shall be equivalent to a legal and completed Assignation by the Minister to such Assistant of the Portion of the Stipend specified in the Deliverance so long as the said Deliverance shall subsist Provided, that it shall at all Times be competent to such Minister to apply to the Presbytery to be restored to the Duties of his Office on the Ground of his Recovery, and the Presbytery, on being satisfied that such Minister has recovered, shall recall the Deliverance, and from the Date of such Recall all Right and Interest under the Deliverance shall cease and determine. Provision in case of a 3. When, by their final Sentence upon a Libel, a Presbytery Minister being or other Church Court shall suspend a Minister from the Discharge suspended. of Mutiny (East India) Act Repeal. of the Duties of his Office for a Term specified in the said Sentence, it is hereby further declared and enacted, that it is and shall be held to be the Right of the Presbytery to appoint a qualified Assistant to discharge the said Duties, and to apportion and fix an Allowance to such Assistant out of the Stipend not exceeding One Half of the whole Proceeds of the Benefice, and which shall be payable so long as such Assistant shall hold and continue to act on his Appointment by the Presbytery; and such Sentence, when duly intimated to the Heritors or others liable in Payment of the Stipend, shall be equivalent to a legal and completed Assignation by the Minister to such Assistant of the Proportion of the Stipend specified in the Sentence. 4. Where in any Cause depending before a Presbytery or other Superior Court of the Church a Proof shall have been allowed, it shall be lawful and competent for such Court to appoint a qualified Person being an Advocate, Writer to the Signet, Solicitor before the Supreme Courts, or a Procurator duly entered as a Practitioner in any Sheriff Court in Scotland, of not less than Three Years standing, to sit with them for the Purpose of dictating to the Clerk of Court the Evidence given by the Witnesses examined in the Course of the Proof, and the Oath De fideli administratione officii shall be administered by the Moderator to any Person so appointed; and it shall be lawful and competent for such Court, if it see fit, to appoint the Evidence of the Witnesses examined in the course of such Proof to be taken down by a Writer skilled in Shorthand Writing, to whom the Oath De fideli administratione officii shall be administered; and the said Shorthand Writer shall afterwards, and within such Time as may be fixed by the Court, write out in full the Evidence so taken down by him in Shorthand; and the extended Notes, so written out, certified by the Moderator and Clerk of Court to be correct, shall be the Record of the oral Evidence in the Cause: Provided always, that nothing herein contained shall prevent any Church Court, if it see fit, from taking down and recording the Evidence adduced in any Cause, according to the Form hitherto in use. CA P. XLVIII. Church Court may appoint a Person to Evidence of Witnesses, or appoint a Shorthand dictate the Writer to take it down. An Act to repeal the Act of the Twentieth and Twentyfirst Years of Her Majesty, Chapter Sixty-six, for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East India Company; and for regulating in such Service the Payment of Regimental Debts and the Distribution of the Effects of Officers and Soldiers dying in the Service. [13th July 1863.] WHEREAS it is expedient that the Officers and Soldiers of Her Majesty's European Forces in India should from henceforth be subject to the Provisions of such Acts for the 'Punishment of Mutiny and Desertion as may from Time to Time be passed for the Government of Her Majesty's General 'Forces: And whereas Provision has been made in that Behalf in the Act "for punishing Mutiny and Desertion, and for the 26 & 27 Vict. L 2 6 "better c. 8. |