Improvement
Fund.

Determination

in case of disputed Compensation.

Sections 48 to

52 of 25 & 26 Vict. c. 93. incorporated.

Extension to this Act of general Powers of Board.

Saving Rights of the Conser

vators of the Thames.

Saving for

Rights of
Duchy of
Cornwall.

Saving for

Thames Embankment (South Side).

the Charges created or to be created under the Provisions of the Embankment Act of 1862 and the Metropolis Improvement Act, 1863, shall have been satisfied.

Miscellaneous.

32. The Amount and Application of any Compensation payable by the Board in any Case under this Act shall be determined in the Manner provided by The Lands Clauses Consolidation Act, 1845, for Determination of the Amount and Application of Compensation for Lands taken under that Act.

33. There shall be incorporated with this Act Sections Fortyeight to Fifty-two (both inclusive) of the Embankment Act of 1862 (relating to Liability of Owners of Vessels and others, and to the Application of Penalties, and to Actions, and to Matters connected therewith respectively); and for this Purpose the respective Terms "this Act" and "the said Embankment," and Terms of Reference thereto respectively, used in any of the Sections last enumerated, shall be taken to mean or refer to the present Act and the Embankment by the present Act authorized.

34. The Board shall have and may exercise for and in the Execution of this Act all such Powers, Privileges, and Authorities as are conferred on the Board by the Acts constituting and regu lating the Board (save that the Board shall not, except as herein provided, apply any 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 extend and 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.

35. Except as herein expressly provided, nothing in this Act contained shall extend or be construed to extend to prejudice or derogate from the Rights of the Conservators of the River Thames, or to prohibit, defeat, alter, or diminish any Power, Authority, or Jurisdiction which at the Time of the passing of this Act the said Conservators did or might lawfully claim, use, or exercise.

36. Nothing in this Act shall extend to authorize the Board to take, use, enter upon, or interfere with any Land, Soil, or Water, Parcel of the Possessions of the Duchy of Cornwall, except so far as the Board shall have previously become entitled under a Purchase or Enfranchisement, pursuant to the special Powers of Sale and Enfranchisement herein-before contained, or to affect any Property, Right, Profit, Privilege, Power, or Authority vested in or enjoyed by Her Majesty, Her Heirs or Successors, in respect of the said Duchy, or in or by the Duke of Cornwall for the Time being, except so far as the same may be affected by or by reason of any such Purchase or Enfranchisement.

37. Except as herein is specially provided, nothing in this Act Rights of Com- shall affect any of the Rights, Privileges, Powers, or Authorities missioners of by Law vested in the Commissioners of Her Majesty's Works and Works, &c.

Public

Thames Embankment (South Side). Colonial Letters Patent.

Public Buildings in respect of Westminster Bridge, or in the
Lambeth Bridge Company, or in the Vauxhall Bridge Company.

38. This Act may be cited as The Thames Embankment Act, Short Title. 1863.

39. All the Costs, Charges, and Expenses of and incidental Expenses of and preliminary to the obtaining of this Act, or incurred by the Act. Board in relation thereto, shall be paid out of the Thames Embankment and Metropolis Improvement Fund; and the Commissioners of Her Majesty's Treasury shall apply such Sums as may be necessary for this Purpose accordingly.

WE

CA P. LXXVI.

An Act to determine the Time at which Letters Patent shall
take effect in the Colonies.
[28th July 1863.]
HEREAS Her Majesty hath from Time to Time caused to
be made under the Great Seal of the United Kingdom of
'Great Britain and Ireland divers Letters Patent intended to take
' effect within Her Majesty's Colonies and Possessions beyond the
'Seas: And whereas Doubts are entertained respecting the Period
' at which such Letters Patent have taken or may hereafter take
' effect within such Colonies and Possessions, and it is expedient
'that such Doubts should be removed:' 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. No such Letters Patent heretofore made shall (unless other- Letters Patent wise provided therein or by other lawful Authority) be deemed to not to take have taken or shall take effect in any such Colony or Possession effect till as aforesaid until the same were or shall be publicly made known but Acts done" published, &c., or acted upon therein: Provided that any Act or Thing hereto- under them fore done or purporting to have been done in pursuance or under valid. Authority of such Letters Patent shall be as valid and effectual as

if the same Letters Patent had taken effect at the Date of the making thereof.

2. No such Letters Patent hereafter to be made shall (unless Future Letters otherwise provided therein or by other lawful Authority) take Patent not to effect in any such Colony or Possession until the making of the take effect till same shall have been signified therein by Proclamation or other public Notice.

3. Any such Letters Patent by which any Person may be hereafter appointed to any Office or Employment within any of such Colonies or Possessions shall (unless otherwise provided therein or by other lawful Authority) become null and void in respect of such Colony, unless the same shall be so signified as aforesaid within the following Period; that is to say, within Nine Calendar Months in case such Colony or Possession shall be to the Eastward of Bengal in the East Indies, or to the West of Cape Horn in South America, or in any other Case within Six Months after the making thereof. X 3

4. The

Publication.

Appointments by Letters

Patent to be void unless

published within Six or Nine Months.

9 & 10 Vict.

Colonial Letters Patent.

Jurisdiction of Justices.

4. The Act, Chapter Ninety-one, of the Ninth and Tenth Years c. 91. repealed. of Her Majesty, intituled An Act to continue certain Patent Commissions until the Exhibition of the Commissions revoking them, is hereby repealed.

Period of Act coming into operation.

11 & 12 Vict. c. 43.

11 & 12 Vict. c. 42.

5. This Act shall take effect in each of Her Majesty's Colonies and Possessions so soon as the same shall be proclaimed therein by the Officer administering the Government thereof.

CA P. LXXVII.

An Act to amend the Law relating to the Jurisdiction of
Justices residing or being out of the County for which
they are Justices.
[28th July 1863.]
WHEREAS by the Sixth Section of an Act of the Session

of the Eleventh and Twelfth Years of the Reign of Her
present Majesty, Chapter Forty-three, intituled An Act to
'facilitate the Performance of the Duties of Justices of the
Peace out of Sessions within England and Wales with respect to
summary Convictions and Orders, (which Act is herein-after
' referred to as the Principal Act,) it is enacted, that such of the
'Provisions contained in the Act passed in the same Session of
'Parliament, Chapter Forty-two, and intituled An Act to facili
'tate the Performance of the Duties of Justices of the Peace
'out of Sessions within England and Wales with respect to
'Persons charged with indictable Offences, whereby a Justice of
the Peace for One County, Riding, Division, Liberty, City,
Borough, or Place may act for the same whilst residing or
being in an adjoining County, Riding, Division, Liberty, City,
'Borough, or Place of which he is also a Justice of the Peace,
or whereby a Justice of the Peace for any County at large,
Riding, Division, or Liberty may act as such within any City,
Town, or Precinct next adjoining thereto or surrounded thereby,
being a County of itself, or otherwise having exclusive Juris-
diction, as are applicable to the Provisions of the Principal Act
'shall be deemed to be incorporated with the Principal Act, and
'to extend to all Acts required of or to be performed by Justices
of the Peace under or by virtue of the Principal Act in as full
' and ample a Manner as if the said Provisions and Enactments
were repeated and made Parts of that Act: And whereas by
the Thirty-fifth Section of the Principal Act it is provided, that
nothing in that Act contained shall extend to certain Cases
therein mentioned: And whereas it is apprehended that the
• Provisions of the said Sixth Section of the Principal Act are
'controlled by the Thirty-fifth Section of the same Act, and
that Justices cannot act under the first-mentioned of the said
Two Sections in the Cases mentioned in the said Thirty-fifth
Section: And whereas it is expedient that the Principal Act
should be amended as herein-after provided:' 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:

<

Metropolis Turnpike Roads Acts Amendment.

and 35. of

11 & 12 Vict.

c. 43.

1. The Thirty-fifth Section of the Principal Act shall not apply Amendment of to or control the Sixth Section of the same Act, and such last- Sections 6. mentioned Section shall be construed as if the Thirty-fifth Section were not and never had been contained in the Principal Act; and any Acts done or Orders made by Justices previously to the passing of this Act which would have been valid if this Act had been passed at the respective Dates of such Acts being done or Orders made shall be and are hereby declared to be valid accordingly.

6

CA P. LXXVIII.

An Act to amend the Acts relating to the Turnpike Roads
in the Neighbourhood of the Metropolis North of the
River Thames.
[28th July 1863.]
WHEREAS by the Act of the Seventh Year of George the

Fourth, Chapter One hundred and forty-two, intituled An 7 G. 4. c. 142.

* Act for consolidating the Trusts of the several Turnpike Roads

4

in the Neighbourhood of the Metropolis North of the River Thames, (in this Act called "the Act of 1826,") the several Roads in the Neighbourhood of the Metropolis North of the River Thames which are specified in the First Schedule to the reciting Act annexed were placed under the Care and Superintendence of the Commissioners of the Metropolis Turnpike Roads North of the Thames (in this Act called "the Commissioners "), who were thereby appointed Commissioners for making, amending, widening, improving, repairing and keeping in repair, cleansing, lighting, watching, and watering those Roads: And whereas under the Act of the Tenth Year of George the Fourth,

Chapter Fifty-nine, intituled An Act to amend an Act of the 10 G. 4. c. 59. Seventh Year of His present Majesty, for consolidating the Trusts of the several Turnpike Roads in the Neighbourhood ' of the Metropolis North of the River Thames; and to make ' and maintain Two new or Branch Roads to communicate with the said Metropolis Roads, (in this Act called "the Act of 1829,") the Parts specified in Section 7 of the reciting Act of 'the Roads specified in the First Schedule to the Act of 1826 annexed ceased to be maintainable by the Commissioners, and became Common Highways maintainable by the Parishes in ' which the same are respectively situate: And whereas by the Act of 1829 Provision was made (Section 15) for the Appropriation between the Vestry of the Parish of Paddington and the Vestrymen of the Parish of Saint Marylebone and the Commissioners of the Rents and Profits of Lyon's Estates, which (as was recited in the Act of 1826, Section 29,) were applicable for repairing and amending the Highway from the Town of 'Harrow-upon-the-Hill into the City of London, and the Common Highway from the Town of Edgeware in the County of 'Middlesex and the City of London respectively; and Provision ' was made (Section 16) for the Appropriation between the Vestry ' of the Parish of Paddington and the Vestrymen of the Parish ' of Saint Marylebone and the Commissioners of the Rents and Profits

6

9 G. 4. c. 64.

8 & 9 Vict. c. cxliii.

12 & 13 Vict. c. lxvi.

13 & 14 Vict. c. xxxii.

Short Titles.

6

Metropolis Turnpike Roads Acts Amendment.

'Profits of Harvist's Estate, which (as was recited in that Section)
' were applicable for the repairing and amending of the Highway
between Tyburn and Edgeware in the County of Middlesex:
And whereas by the Act of the Ninth Year of George the
Fourth, Chapter Sixty-four, intituled An Act to extend the
'Jurisdiction of the Commissioners acting in the Execution of
Two Acts for paving and regulating the Regent's Park, together
'with the new Street from thence to Pall Mall, and to amend the
'said Acts, Provision was made with respect to Parts of the
Roads specified in the First Schedule to the Act of 1826
'annexed: And whereas by the Act of the Session of the Eighth
and Ninth Years of Her present Majesty, Chapter One hundred
and forty-three, intituled An Act for better paving, lighting,
cleansing, regulating, and improving the Parish of Saint Luke
Chelsea (exclusive of the District of Hans Town) in the County
' of Middlesex, further Provision was made with respect to Parts
of the Roads specified in the First Schedule to the Act of 1826
'annexed: And whereas by "The New North Road Act, 1849,"
'Provision was made for the Management by the Commissioners
of the New North Road from Highbury Place, Islington, to
'Haberdashers Walk, Shoreditch, but the Term of that Act
has ceased: And whereas by "The Marylebone and Finchley
Turnpike Roads Extension Act, 1850," the Management of the
Marylebone and Finchley Turnpike Roads was transferred to
the Commissioners, but those Roads are maintained by the
Parishes in which they lie: And whereas by "The Metropolis
Roads (Harvist's Estate) Act, 1855," Harvist's Estate was
vested in the Commissioners, and Provision was made for the
Appropriation, in accordance with the Act of 1829, of the Rents
and Profits of Harvist's Estate, and of the Dividends of the
'Trust Stock referred to in the reciting Act, or the Rents and
'Profits of the Lands purchased with the Proceeds of the Trust
'Stock: And whereas it is expedient that the several Roads now
'maintained by the Commissioners situate in the several Parishes
specified in the First Column of the First Schedule to this
'Act annexed (being Parts of the Roads now maintainable by
'the Commissioners) should, with the Exception of the Portions
of Roads specified in the Second Column of that Schedule,
cease to be maintainable by the Commissioners, and should be
Common Highways and maintainable accordingly, and that some
' of the Provisions of the Acts of 1826 and 1829 respectively
'should be amended: May it therefore please Your Majesty
that it may be enacted; and 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; (that is to say,)

6

6

6

1. The Acts of 1826 and 1829 and this Act respectively may for all Purposes be cited as follows; (that is to say,) The Act of 1826 (of the Seventh Year of George the Fourth,

Chapter 142,) as "Metropolis Roads Act, 1826":

The