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An order made by the Local Government Board in pursuance of this section may be enforced by writ of Mandamus.

5. Whereas on the eighth day of October one thousand eight Cancellation hundred and forty-nine, a loan of four thousand five hundred and of debt due forty pounds was advanced by the Public Works Loan Commis- in respect of

Wigan Church. sioners

, in pursuance of the Acts relating to loans by those Commissioners, towards the re-building of the parish church of All Saints in the parish of Wigan, in the county of Lancaster, and was to be repaid, with interest at the rate of four per cent. per annum, by equal annual instalments of two hundred and twenty-seven pounds, in twenty years from the aforesaid date :

And whereas the said loan was charged upon the church rates of the said parish of Wigan :

And whereas four of the said annual instalments only were repaid, amounting to the sum of nine hundred and eight pounds, and the remainder of the principal sum and large arrears of interest remain due and unpaid:

And whereas in the year one thousand eight hundred and sixtyseven proceedings were taken to enforce payment of the said principal and interest of the said loan, and in the year one thousand eight hundred and seventy-six judgment was finally delivered in the House of Lords, whereby it was declared that in consequence of the lapse of time and change of circumstances the church wardens and the church rates of the parish of Wigan were no longer liable to repay the said principal and interest, and it is expedient expressly to cancel the said loan in the books of the Public Works Loan Commissioners: Be it therefore enacted as follows:

So much of the loan advanced by the Public Works Loan Commissioners to the church wardens of the parish of Wigan, in the county of Lancaster, in the year one thousand eight hundred and forty-nine, as remains unpaid, and all arrears of interest due thereon, are hereby cancelled.

6. So much of any Act as requires the Public Works Loan Repeal of Commissioners to take in respect of any loan advanced by them the Public under that Act in preference to any other securities, all or such one Works

Loan or more of the securities issuable under the Local Loans Act, 1875, Commissioners as they may prefer, is hereby repealed, and the security for any ties under such loan may be given and taken under and pursuant to the Public 38 & 39 Vict. Works Loans Act, 1875.

PART II. Public Works Commissioners, Ireland. 7. For the purpose of loans by the Commissioners of Public Grant of Works in Ireland, any sum or sums not exceeding in the whole 800,000l. for eight hundred thousand pounds may be issued out of the Consoli- loan by Comdated Fund of the United Kingdom, or the growing produce thereof, Public Works in manner provided by Part Two of the Public Works Loans in Ireland (Ireland) Act, 1877, during the period ending on the thirtieth day period ending of June one thousand eight hundred and seventy-nine, or on any the 30th of earlier day on which a further Act authorising the issue of money for those loans comes into operation.

40 & 41 Vict. The Treasury may, in the manner and subject to the limitations C. 27. provided by Part Two of the said Act, borrow the said sum or any part thereof.

to take securi

c. 83.
38 & 39 Vict.
c. 89.

June 1879.

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vention,

If husband

CHAPTER 19.
An Act to amend the Matrimonial Causes Acts.

[27th May 1878.] BA

E 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: Short title. 1. This Act may be cited as the Matrimonial Causes Act, 1878. Costs of inter- 2. Where the Queen's proctor or any other person shall intervene

or show cause against a decree nisi in any suit or proceeding for divorce or for nullity of marriage, the Court may make such order as to the costs of the Queen's proctor, or of any other person who shall intervene or show cause as aforesaid, or of all and every party or parties thereto, occasioned by such intervention or showing cause as aforesaid, as may seem just; and the Queen's proctor, any other person as aforesaid, and such party or parties shall be entitled to recover such costs in like manner as in other cases : Provided that the Treasury may, if it shall think fit, order any costs which the Queen's proctor shall, by any order of the Court made under this section, pay to the said party or parties, to be deemed to be part of

the expenses of his office. Extension of 3. The Court may exercise the powers vested in it by the power given by provisions of section five of the Act of the twenty-second and 22.& 23 Vict. twenty-third years of Victoria, chapter sixty-one, notwithstanding c. 5

that there are no children of the marriage.

4. If a husband shall be convicted summarily or otherwise of convicted of an aggravated assault within the meaning of the statute twentyaggravated

fourth and twenty-fifth Victoria, chapter one hundred, section fortyassault, Court may order that three, upon his wife, the Court or magistrate before whom he shall

be so convicted may, if satisfied that the future safety of the wife cohabit, &c.

is in peril, order that the wife shall be no longer bound to cohabit
with her husband; and such order shall have the force and effect
in all respects of a decree of judicial separation on the ground of
cruelty; and such order may further provide,
1. That the husband shall pay to his wife such weekly sum as

the Court or magistrate may consider to be in accordance
with his means, and with any means which the wife may
have for her support, and the payment of any sum of money
so ordered shall be enforceable and enforced against the
husband in the same manner as the payment of money is
enforced under an order of affiliation; and the Court or
magistrate by whom any such order for payment of money
shall be made shall have power from time to time to vary
the same on the application of either the husband or the
wife, upon proof that the means of the husband or wife
have been altered in amount since the original order or any

subsequent order varying it shall have been made; 2. That the legal custody of any children of the marriage under

the age of ten years shall, in the discretion of the Court or

magistrate, be given to the wife. Provided always, that no order for payment of money by the husband, or for the custody of children by the wife, shall be made in favour of a wife who shall be proved to have committed adultery,

wife be not bound to

unless such adultery has been condoned ; and that any order for payment of money or for the custody of children may be discharged by the Court or magistrate by whom such order was made upon proof that the wife has since the making thereof been guilty of adultery; and provided also, that all orders made under this section shall be subject to appeal to the Probate and Admiralty Division of the High Court of Justice.

to Board of

CHAPTER 20.
An Act to provide for returns respecting Continuous
Brakes in use on Passenger Trains on Railways.

[17th June 1878.] BE E 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. This Act may be cited as the Railway Returns (Continuous Short title. Brakes) Act, 1878.

2. Every railway company shall twice in every year make to Returns to be the Board of Trade returns respecting the use of continuous brakes made twice a on the passenger trains running on the railways worked by such year by rail

way companies company. The returns shall contain the particulars and be in the form Trade respect

ing continuous specified in the schedule to this Act, or shall contain such other brakes. particulars and be in such other form as the Board of Trade from time to time prescribe; and the Board of Trade may in any case dispense with any part of the returns where they deem the same inapplicable.

The returns shall be made for the six months ending on the last day of December and the last day of June in every year, or on such other days as the Board of Trade from time to time direct, and shall be made within fourteen days after the expiration of each six months.

Every return shall be signed by the officer of the company responsible for the correctness of the return, and by the chairman or deputy chairman of the directors of the company, or where there are no directors by the individual or one of the individuals bound to make the return.

Any railway company who fail to comply with this section shall be liable on summary conviction before a court of summary jurisdiction to a fine not exceeding five pounds for every day during which the default continues.

Any person who makes or is privy to the making of a return under this Act which is to his knowledge false in any particular shali be liable on summary conviction before a court of summary jurisdiction to a fine not exceeding fifty pounds. Expressions in this Act have the same meaning as they have

34 & 35 Vict. in the Regulation of Railways Act, 1871.

c. 78.

SCHEDULE.

day of

FORMS OF RETURN. RETURN for the Six Months ending on the

18 Power in use on the Passenger Trains running on the railways worked by the

of the Amount and Description of Continuous Brake

Railway Company.

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RETURN for the Six Months ending on the

day of 18 of all cases in which Continuous Brakes have, from any cause, failed to act when required to be brought into action on any railway worked by the

Railway Company.

Name of Railway

Company.

Name or description of Brake
which failed in being brought

into use.

Date

of Failure.

Particulars of circumstances relating to

the causes of failure.

RETURN for the Six Months ending on the

day of 18 of all cases in which Continuous Brakes have not been used on any Passenger Train running on a railway worked by the

Railway Company.

Name of Railway Company.

Name of railway worked by
Company on which Passenger Train

ran without Continuous Brake.

Number of Passenger

Trains so run.

CHAPTER 21.
An Act to apply the sum of Seven million five hundred

thousand pounds out of the Consolidated Fund to the
service of the year ending on the thirty-first day of
March one thousand eight hundred and seventy-nine.

[17th June 1878.] Most Gracious Sovereign, WE

E, Your Majesty's most dutiful and loyal subjects, the Com

mons of the United Kingdom of Great Britain and Ireland, in Parliament assembled, towards making good the supply which we have cheerfully granted to Your Majesty in this session of Parliament, have resolved to grant unto Your Majesty the sum herein-after mentioned ; and do therefore most humbly beseech 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:

1. The Commissioners of Her Majesty's Treasury for the time Issue of being may issue out of the Consolidated Fund of the United of the ConsoliKingdom of Great Britain and Ireland, and apply towards making dated Fund for good the supply granted to Her Majesty for the service of the the service of

the year ending year ending on the thirty-first day of March one thousand eight 31st March

1879.

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