Scotland, of the Board of Trade, alleging any such violation or contravention of this Act by any such companies or company, it shall also be lawful for the said Attorney General or Lord Advocate to apply in like manner to any such court or judge; and in either of such cases it shall be lawful for such court or judge to hear and determine the matter of such complaint; and for that purpose, if such court or judge shall think fit, to direct and prosecute, in such mode and by such engineers, barristers, or other persons as they shall think proper, all such inquiries as may be deemed necessary to enable such court or judge to form a just judgment on the matter of such complaint; and if it be made to appear to such court or judge on such hearing, or on the report of any such person, that anything has been done or omission made in violation or contravention of this Act by such company or companies, it shall be lawful for such court or judge to issue a writ of injunction or interdict, restraining such company or companies from further continuing such violation or contravention of this Act, and enjoining obedience to the same; and in case of disobedience of any such writ of injunction or interdict it shall be lawful for such court or judge to order that a writ or writs of attachment, or any other process of such court incident or applicable to writs of injunction or interdict, shall issue against any one or more of the directors of any company, or against any owner, lessee, contractor, or other person failing to obey such writ of injunction or interdict; and such court or judge may also, if they or he shall think fit, make an order directing the payment by any one or more of such companies of such sum of money as such court or judge shall determine, not exceeding for each company the sum of two hundred pounds, for every day after a day to be named in the order that such company or companies shall fail to obey such injunction or interdict; and such monies shall be payable as the court or judge may direct, either to the party complaining, or into court to abide the ultimate decision of the court, or to her Majesty, and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by decree or judgment in any Superior Court at Westminster or Dublin, in England or Ireland, and in Scotland by such diligence as is competent on an extracted decree of the Court of Session, and in any such proceeding as aforesaid such court or judge may order and determine that all or any costs thereof or thereon incurred shall and may be paid by or to the one party or the other, as such court or judge shall think fit; and it shall be lawful for any such engineer, barrister, or other person, if directed so to do by such court or judge, to receive evidence on oath relating to the matter of any such inquiry, and to administer such oath.

[Ss. 4, 5 rep. 51 & 52 Vict. c. 25, s. 59.]

6. PROCEEDINGS TO BE TAKEN ONLY AS HEREIN PROVIDED; SAVING AS TO OTHER REMEDIES.-No proceeding shall be taken for any violation or contravention of the above enactments, except in the manner herein provided; but nothing herein contained shall take away or diminish any rights, remedies, or privileges of any person or company against any railway or canal or railway and canal company under the existing law.

7. LIABILITY of Companies FOR LOSS OR INJURY TO ANIMALS OR GOODS OCCASIONED BY NEGLECT, &c.—-11 GEO. 4 & 1 WILL. 4, c. 68.-Every such company as aforesaid shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants, notwithstanding any notice, condition, or declaration made and given by such company contrary thereto, or in anywise limiting such liability, every such notice, condition, or declaration being hereby declared to be null and void: Provided always, that nothing herein contained shall be construed to prevent the said companies from making such conditions with respect to the receiving, forwarding, and delivering of any of the said animals, articles, goods, or things as shall be adjudged by the court or judge before whom any question relating thereto shall be tried to be just and reasonable: Provided always, that no greater damages shall be recovered for the loss of or for any injury done to any of such animals, beyond the sums herein-after mentioned; (that is to say), for any horse fifty pounds; for any neat cattle, per head, fifteen pounds; for any sheep or pigs, per head, two pounds; unless the person sending or delivering the same to such company shall, at the time of such delivery, have declared them to be respectively of higher value than as above mentioned; in which case it shall be lawful for such company to demand and receive by way of compensation for the increased risk and care thereby occasioned

a reasonable per-centage upon the excess of the value so declared above the respective sums so limited as aforesaid, and which shall be paid in addition to the ordinary rate of charge; and such per-centage or increased rate of charge shall be notified in the manner prescribed in the Carriers Act, 1830, and shall be binding upon such company in the manner therein mentioned: Provided also, that the proof of the value of such animals, articles, goods, and things, and the amount of the injury done thereto, shall in all cases lie upon the person claiming compensation for such loss or injury: Provided also, that no special contract between such company and any other parties respecting the receiving, forwarding, or delivering of any animals, articles, goods, or things as aforesaid shall be binding upon or affect any such party unless the same be signed by him, or by the person delivering such animals, articles, goods, or things respectively for carriage: Provided also, that nothing herein contained shall alter or affect the rights, privileges, or liabilities of any such company under the Carriers Act, 1830, with respect to articles of the description mentioned in the said Act.

8. SHORT TITLE.-This Act may be cited for all purposes as "The Railway and "Canal Traffic Act, 1854."

CHAPTER XXXIV.

THE ATTENDANCE OF WITNESSES ACT, 1854 (Short Titles Act, 1896).

AN ACT to enable the Courts of Law in England, Ireland, and Scotland to issue Process to compel the Attendance of Witnesses out of their Jurisdiction, and to give Effect to the Service of such Process in any Part of the United Kingdom. [10th July 1854.]

[Preamble.]

1. SUBPOENA ISSUED BY SUPERIOR COURT TO RUN THROUGHOUT THE UNITED KINGDOM. -If in any action or suit now or at any time hereafter depending in any of her Majesty's Superior Courts of Common Law at Westminster or Dublin, or the Court of Session

in Scotland, it shall appear to the court in which such action is pending, or, if such court is not sitting, to any judge of any of the said courts respectively, that it is proper to compel the personal attendance at any trial of any witness who may not be within the jurisdiction of the court in which such action is pending, it shall be lawful for such court or judge, if in his or their discretion it shall so seem fit, to order that a writ called a writ of subpoena ad testificandum or of subpoena duces tecum or warrant of citation shall issue in special form, commanding such witness to attend such trial, wherever he shall be within the United Kingdom; and the service of any such writ or process in any part of the United Kingdom shall be as valid and effectual, to all intents and purposes, as if same had been served within the jurisdiction of the court from which it issues.

S. 1 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

2. STATEMENT AT FOOT OF WRIT.-Every such writ shall have at foot thereof a statement or notice that the same is issued by the special order of the court or judge, as the case may be; and no such writ shall issue without such special order.

3. WITNESS MAKING DEFAULT TO BE PUNISHED BY THE COURTS OF THE COUNTRY IN which the Writ was served.—In case any person so served shall not appear according to the exigency of such writ or process, it shall be lawful for the court out of which the same issued, upon proof made of the service thereof, and of such default, to the satisfaction of the said court, to transmit a certificate of such default under the seal of the same court, or under the hand of one of the judges or justices of the same, to any of her Majesty's Superior Courts of Common Law at Westminster, in case such service was had in England, or in case such service was had in Scotland to the Court of Session at Edinburgh, or in case such service was had in Ireland to any of her Majesty's Superior Courts of Common Law at Dublin; and the court to which such certificate is so sent shall and may thereupon proceed against and punish the person so having made default, in like manner as they might have done if such person had neglected or refused

to appear in obedience to a writ of subpoena or other process issued out of such lastmentioned court.

S. 3 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

4. TENDER OF REASONABLE SUM FOR EXPENSES.—None of the said courts shall in any case proceed against or punish any person for having made default by not appearing to give evidence in obedience to any writ of subpoena or other process issued under the powers given by this Act, unless it shall be made to appear to such court that a reasonable and sufficient sum of money to defray the expenses of coming and attending to give evidence, and of returning from giving such evidence, had been tendered to such person at the time when such writ of subpoena or process was served upon such person. 5. SAVING AS TO COMMISSIONS TO EXAMINE WITNESSES.-Nothing herein contained shall alter or affect the power of any of such courts to issue a commission for the examination of witnesses out of their jurisdiction in any case in which, notwithstanding this Act, they shall think fit to issue such commission.

6. ACT NOT TO AFFECT LAW OF EVIDENCE.-Nothing herein contained shall alter or affect the admissibility of any evidence at any trial, where such evidence is now by law receivable on the ground of any witness being beyond the jurisdiction of the court; but the admissibility of all such evidence shall be determined as if this Act had not passed.

CHAPTER LVI.

THE FRIENDLY SOCIETIES DISCHARGE ACT, 1854. (Sect. 9.)

AN ACT to make further Provisions in relation to certain Friendly Societies. [31st July 1854.]

Whereas certain friendly societies were established and enrolled under the Acts passed in the tenth year of his late Majesty King George the Fourth, chapter fifty-six, and the fourth and fifth years of his late Majesty King William the Fourth, chapter forty, relating to friendly societies, or under one of them: And whereas the scope and operation of friendly societies since the passing of the said Acts have been limited by law in respect to the amount for which policies of assurance payable on the death of members of such societies may be granted; but some of the said societies, established as aforesaid, and which grant or effect policies of assurance payable on death, have not been so limited, and such last-mentioned societies have therefore been excluded the benefit of certain provisions and privileges made for and granted to friendly societies in respect to exemption from stamp duties and otherwise; and it is desirable that there should be special provisions made with respect to such of the said societies so excepted and excluded as aforesaid:

1. THIS ACT TO APPLY ONLY TO CERTAIN SOCIETIES; WHICH SHALL CEASE TO BE FRIENDLY SOCIETIES.-This Act shall relate to and include such of the said societies only as grant and effect policies of assurance payable at death exceeding the sum of one thousand pounds; and from and after the passing of this Act the said societies shall cease to be friendly societies, and shall not be affected by the provisions of any Act passed in the present or any future session of Parliament relating to friendly societies, unless therein expressly named.

2. APPLICATION TO SUCH SOCIETIES OF ACTS NOW IN FORCE RELATING TO FRIENDLY SOCIETIES-13 & 14 VICT. c. 115, ss. 37, 51.-The several provisions contained in the Acts relating to friendly societies which were wholly or in part in force on the first day of this present session of Parliament1 with respect to the societies intended to be affected and provided for by this Act, save and except the thirty-seventh and fifty-first sections of the Act of the thirteenth and fourteenth years of her Majesty, chapter one hundred and fifteen, shall, so far as they now affect such societies, remain and be in force and unrepealed with respect to the said societies, except as is herein-after provided.

1 The 31st January 1854.

3. NO EXEMPTION FROM STAMP DUTIES TO EXTEND TO SOCIETIES AFFECTED BY THIS ACT-SUCH SOCIETIES NOT TO ASSURE IN FAVOUR OF NOMINEES OF THE ASSURED.-No

exemption from any of the duties granted by any Act or Acts relating to stamp duties shall from and after the passing of this Act extend or be construed to extend to any of the societies intended to be affected and provided for by this Act; and it shall not be lawful for such societies after the passing of this Act to assure the payment of any money on the death of any member or person whomsoever to any nominee of such member or person, but only to the person or persons affecting and contracting for any assurance with the said societies respectively, or to his, her, or their executors, administrators, or assigns.

4. SOCIETIES AFFECTED BY THIS ACT MAY TRANSACT THE BUSINESS ALLOWED BY THEIR RULES, AND GRANT ASSURANCES ON LIVES, &C., AND MAKE NEW RULES, &c. WITHOUT SUBMITTING THE SAME TO THE REGISTRAR OF FRIENDLY SOCIETIES.-The societies intended to be affected and provided for by this Act may carry on, transact, and effect all the business and purposes which have been from time to time and are duly specified in and allowed by the enrolled or certified rules of the said societies respectively, and also may grant, make, or effect all such assurances on lives, survivorships, contingencies, and events dependent on or connected with life or otherwise as may by law be made or effected, and may make such new rules or alterations in rules as shall not be repugnant to law, without being required to submit the same to the Registrar of Friendly Societies, and shall not be required to transmit to such registrar any statement or return of sickness or mortality, or of assets or liabilities.

5. INVESTMENT OF THE FUNDS OF SOCIETIES AFFECTED BY THIS ACT.-The trustees of the several societies intended to be affected and provided for by this Act may from time to time lay out and invest the funds of such societies, as well in the manner, and upon the stocks, funds, and securities, which are now authorized by law with regard to such societies, as also in or upon Exchequer bonds and bills, and any stocks, funds, or securities guaranteed by the Government of Great Britain, and bonds of the City of London, or on mortgage, or in the purchase of any reversionary, contingent, or other estate or interest in any freehold, leasehold, or copyhold property in Great Britain or Ireland, or of any such estate or interest in any of the stocks, funds, or securities hereinbefore mentioned and referred to respectively, or of any such estate or interest in any sum or sums of money secured upon any such real and personal estate as aforesaid, or upon the security of any rates, tolls, duties, assessments, bonds, stocks, debentures, or other securities of any persons, body or company authorized by Act of Parliament, charter, or otherwise to be raised, levied, or mortgaged, and also upon security of any life policy or policies, although the amount of the loan may exceed the then present value thereof, provided the premiums on such policy or policies and the interest of the loan be collaterally secured by or upon some of the securities herein-before mentioned, and shall and may from time to time vary and transpose the said securities so purchased, and sell the same respectively.

6. STATUTORY PROVISIONS FOR ENFORCING ATTENDANCE OF WITNESSES BEFORE ARBITRATORS, &C. SHALL APPLY TO ARBITRATIONS UNDER THE RULES OF SUCH SOCIETIES. -All powers and provisions of any Act or Acts of Parliament for ordering and enforcing the attendance of witnesses before an arbitrator under any reference made a rule of court, and for punishing disobedience to any such order, shall apply to any arbitration of any difference or dispute under or pursuant to the rules of any of the societies intended to be affected and provided for by this Act, for which purpose a copy of the resolution of the board of directors, or committee, or board of management of any such society, authorizing such reference, signed by the chairman or any director or the secretary of such society, may be made a rule of any of her Majesty's courts at Westminster.

7. TRUSTEES MAY PURCHASE, &c. BUILDINGS FOR OFFICES, &c.; AND MORTGAGE OR SELL, &C. THE SAME.-The trustees for the time being of any society intended to be affected and provided for by this Act may from time to time, with the consent of the board of directors or board or committee of management thereof, purchase, hire, or take upon lease, and adapt and furnish, any buildings for the purpose of holding the meetings and transacting the business of such society, and shall hold the same in trust for the use of such society, and may, with such consent as aforesaid, mortgage, sell, exchange, or let the same, or any part thereof; and the receipt in writing of such trustees shall be a valid and legal discharge for the money arising from any such mortgage, sale, exchange, or lease, and for any other moneys payable to them by virtue of this Act; and no purchaser, mortgagee, lessee, assignee, or other person shall be bound to ascertain or show whether

any such consent shall have been given as aforesaid, or be answerable for the misapplication or nonapplication of the moneys in any such receipt expressed to be received, or be bound to see to the application thereof: Provided always, that any building which now belongs to any such society may be held and dealt with in the same manner as if it had been acquired under or by virtue of this Act.

8. TRUSTEES NOT TO INVEST FUNDS IN SAVINGS BANKS, OR WITH THE NATIONAL DEBT COMMISSIONERS.-It shall not be lawful for the trustees of any friendly society coming under the provisions of this Act to make any investment of the funds of such society either in a savings bank, or with the Commissioners for the Reduction of the National Debt:

S. 8 in part rep. 38 & 39 Vict. c. 66 (S.L.R.).

9. SHORT TITLE.-In citing this Act in other Acts of Parliament, and in legal proceedings and instruments, it shall be sufficient to use the expression "The Friendly Societies Discharge Act, 1854."

10. EXTENT OF ACT.-This Act shall extend to Great Britain and Ireland, and the Islands of Guernsey, Jersey, and Man.

CHAPTER LX.

THE CRUELTY TO ANIMALS ACT, 1854 (Short Titles Act, 1896).

AN ACT to amend an Act of the Twelfth and Thirteenth Years of Her present Majesty for the more effectual Prevention of Cruelty to Animals.

[Preamble recites 12 & 13 Vict. c. 92.]

[S. 1 does not apply to Scotland.]

[31st July 1854.]

2. PENALTY ON USE OF DOGS FOR PURPOSES OF DRAUGHT ON HIGHWAYS-12 & 13 VICT. C. 92. [Recital of 2 & 3 Vict. c. 47, s. 56] Any person who shall, on any public highway in any part of the United Kingdom, use any dog for the purpose of drawing or helping to draw any cart, carriage, truck, or barrow, shall forfeit and pay a penalty not exceeding forty shillings for the first offence, and not exceeding five pounds for the second and every subsequent offence, such penalties to be recovered in like manner as is provided for the recovery of penalties under the Cruelty to Animals Act, 1849.

S. 2 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

[S. 3 does not apply to Scotland.]

CHAPTER LXVII.

THE DEFENCE ACT, 1854 (Short Titles Act, 1896).

AN ACT to facilitate the Purchase of Common, Commonable, and other Rights by the Principal Officers of Her Majesty's Ordnance. [31st July 1854.]

[Preamble.]

1. EXTINGUISHMENT OF COMMON RIGHTS OVER LANDS PURCHASED UNDER DEFENCE ACT, 8 & 9 VICT. c. 18-5 & 6 VICT. C. 94.-It shall be lawful for the principal officers for the time being of her Majesty's Ordnance (if they shall think proper so to do) to use and avail themselves of all the powers and provisions contained in the Lands Clauses Consolidation Act, 1845, for the purpose of ascertaining, making, and paying compensation for and extinguishing all rights of common, commonable, and other rights in, over, or affecting any lands the soil of which has at any time been or shall hereafter be purchased or taken by the said principal officers, under the Defence Act, 1842; and for such purpose the principal officers for the time being of her Majesty's Ordnance shall