« EelmineJätka »
to the Undertakers shall deliver a printed Copy thereof to every Person applying for the same without Charge; and a Copy thereof shall be painted or placed on Boards, and put up in some conspicuous Part of the Office of the Undertakers, and also on some conspicuous Part of the Harbour, Dock, or Pier, and such Boards, with the Bye Laws thereon, shall be renewed from Time to Time, as Occasion shall require, and shall be open to Inspection without Fee or Reward, and in case the said Clerk shall not permit the same to be inspected at all reasonable Times he shall for every such Offence be liable to a Penalty not exceeding Five Pounds.
LXXXIX. All Bye Laws made and confirmed according to Bye Laws to the Provisions of this and the special Act, when so published be binding on and put up, shall be binding upon and be observed by all Parties, and shall be sufficient to justify all Persons acting under the same.
XC. The Production of a written or printed Copy of the Bye Laws requiring Confirmation by a Judge of the Superior Courts or the Court of Quarter Sessions or the Sheriff, authenticated by the Signature of the Judge or of the Chairman of the Court or the Sheriff who shall have approved of the same, and a written or printed Copy of the Bye Laws not requiring such Confirmation, authenticated by the Common Seal of the Undertakers if incorporated, or under the Hands of the Undertakers if not incorporated, or any Two of them, shall be Evidence of the Existence and due making of such Bye Laws in all Cases of Prosecution under the same, without Proof of the Signature of such Judge or Chairman or Sheriff, or the Common Seal or Signature of the Undertakers; and with respect to the Proof of the Publication of any such Bye Laws, it shall be sufficient to prove that a Board containing a Copy thereof was put up and continued in manner by this Act directed, and in case of its afterwards being displaced or damaged that such Board was replaced or restored as soon as conveniently might be, unless Proof be adduced by the Party complained against that such painted Board did not contain a Copy of such Bye Laws, or was not duly put up or continued as directed by this
XCI. And with respect to the Tender of Amends, be it Tender of enacted, That if any Party shall have committed any Irregu- Amends. larity, Trespass, or other wrongful Proceeding in the Execution of this or the special Act, or any Act incorporated therewith, or by virtue of any Power or Authority thereby given, and if, before Action brought in respect thereof, such Party make Tender of sufficient Amends to the Party injured, such lastmentioned Party shall not recover in any such Action; and if no such Tender have been made the Defendant may, by Leave of the Court where such Action is pending, at any Time before Issue joined, pay into Court such Sum of Money as he thinks fit, and thereupon such Proceedings shall be had as in other Cases where Defendants are allowed to pay Money into Court.
Recovery of Damages and Penalties.
Damages, &c. to be incorpo
rated with this and the special Act.
And with respect to the Recovery of Damages not specially provided for, and of Penalties, and to the Determination of any other Matter referred to Justices or the Sheriff, be it enacted as follows:
XCII. If the Harbour, Dock, or Pier be in England or Ireland, the Clauses of the Railways Clauses Consolidation Act, 1845, with respect to the Recovery of Damages not specially provided for, and Penalties, and to the Determination of any other Matter referred to Justices, shall be incorporated with this and the special Act; and if the Harbour, Dock, or Pier be in Scotland, the Clauses of the Railways Clauses Consolidation Act (Scotland) 1845, with respect to the Recovery of Damages not specially provided for, and to the Determination of any other Matter referred to the Sheriff or to Justices, shall be incorporated with this and the special Act, and such Clauses shall apply to the Harbour, Dock, or Pier, and to the Undertakers respectively, and shall be construed as if the Word "Undertakers" had been inserted therein instead of the Word "Company."
XCIII. Provided always, That in Ireland, in the Case of ties to be paid any Penalty imposed by Justices, where the Application is not otherwise provided for, such Justices may award not more than One Half of such Penalty to the Informer, and shall award the Remainder to the Guardians of the Poor of the Union within which the Offence shall have been committed, to be applied in aid of the Poor Rates of such Union.
All Things required to be done by Two Justices in England and
Ireland may, in certain Cases,
be done by One, and in Scotland
by the Sheriff, &c.
Penalties &c. imposed in
respect of any Offence committed within
tan Police District to be paid to the Receiver, and applied under 2 & 3 Vict.
XCIV. All Things herein or in the special Act, or any Act incorporated therewith, authorized or required to be done by Two Justices may and shall be done, in England and Ireland, by any One Magistrate, having by Law Authority to act alone for any Purpose with the Powers of Two or more Justices, and in Scotland by the Sheriff or Steward of any County, Stewartry, or Ward, or his Substitute.
XCV. Every Penalty or Forfeiture imposed by this or the special Act, or any Act incorporated therewith, or by any Bye Law in pursuance thereof, in respect of any Offence which shall take place within the Metropolitan Police District, shall be recovered, enforced, accounted for, and, except where the Applithe Metropoli- cation thereof is otherwise specially provided for, shall be paid to the Receiver of the Metropolitan Police District, and shall be applied in the same Manner as Penalties or Forfeitures other than Fines upon drunken Persons, or upon Constables for Misconduct, or for Assaults upon Police Constables are directed to be recovered, enforced, accounted for, paid, and applied by an Act passed in the Third Year of the Reign of Her present Majesty, intituled An Act for regulating the Police Courts in the Metropolis; and every Order or Conviction of any of the Police Magistrates in respect of any such Forfeiture or Penalty shall be subject to the like Appeal, and upon the same Terms, as is provided in respect of any Order or Conviction of any of the said Police Magistrates by the said last-mentioned Act; and every
Magistrate by whom any Order or Conviction shall have been made shall have the same Power of binding over the Witnesses Damages and who shall have been examined; and such Witnesses shall be entitled to the same Allowance of Expences as they would have had or been entitled to in case the Order, Conviction, and Appeal had been made in pursuance of the Provisions of the said last-mentioned Act.
XCVI. Every Person who, upon any Examination upon Persons giving Oath under the Provisions of this or the special Act, or any Act false Evidence incorporated therewith, shall wilfully and corruptly give false ties of Perjury. Evidence shall be liable to the Penalties of wilful and corrupt
And with respect to Access to the special Act, be it enacted as follows:
liable to Penal
to be kept by
of the Peace,
XCVII. The Undertakers shall at all Times, after the Expi- Copies of ration of Six Months after the passing of the special Act, keep special Act in their principal Office of Business a Copy of the special Act, Undertakers at printed by the Printers to Her Majesty or some of them, and their Office, shall also within the Space of such Six Months deposit in the and deposited Office of the Clerk of the Peace in England or Ireland, and of with the Clerks the Sheriff Clerk in Scotland, of the County in which the &c., and be open Harbour, Dock, or Pier, or any Part thereof, is situate, a Copy to Inspection. of such special Act so printed as aforesaid; and the said Clerk of the Peace and Sheriff Clerk shall receive, and they and the Undertakers respectively shall keep, the said Copies of the special Act, and shall allow all Persons interested to inspect the same, and make Extracts or Copies therefrom, in the like Manner and upon the like Terms and under the like Penalty for Default as is provided in the Case of certain Plans and Sections by an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to compel Clerks of the 7 W. 4. & Peace for Counties and other Persons to take the Custody of such 1 Vict. c. 83. Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament.
XCVIII. If the Undertakers fail to keep or deposit, as Penalty on herein-before mentioned, any of the said Copies of the special failing to keep Act, they shall forfeit Twenty Pounds for every such Offence, and' also Five Pounds for every Day afterwards during which Copies. such Copy shall be not so kept or deposited.
And with respect to the saving of Rights, be it enacted as follows:
or deposit such
Act to affect
XCIX. Nothing in this or the special Act, or any Act incor- Nothing in this porated therewith, contained shall extend to alienate, defeat, or the special vary, lessen, abrogate, or prejudice any Estate, Right, Title, the Rights of Interest, Prerogative, Royalty, Jurisdiction, or Authority, of or the Crown; appertaining to the Queen's most Excellent Majesty, Her Heirs or Successors, nor to abridge, vary, or abrogate any of the Powers or Authorities by Law vested in the Lords of the Admiralty, or in the Commissioners of Her Majesty's Customs, or in the Commissioners for the Time being of Her Majesty's Woods, Forests,
nor the Rights of the Crown
as to Revenue,
nor the Rights
Forests, Land Revenues, Works, and Buildings, in relation to the Possessions and Land Revenues of Her Majesty in right of Her Crown, or otherwise howsoever.
C. Nothing in this or the special Act shall be deemed to extend to or affect any Act of Parliament relating to Her Majesty's Duties of Customs or Excise, or any other Revenue of the Crown, or to extend to or affect any Claim of Her Majesty in right of Her Crown, or otherwise howsoever, or any Proceedings at Law or in Equity by or on behalf of Her Majesty, in any Part of the United Kingdom of Great Britain and Ireland.
CI. Nothing in this Act or the special Act contained shall of the City of prejudice or derogate from the Estates, Rights, Liberties, Interests, Privileges, Franchises, or Authority of the Mayor and Commonalty and Citizens of the City of London, or their Successors, or the Lord Mayor of the said City for the Time being.
nor the Rights of Trinity House, &c.
Act not to exempt the Undertakers from the Provisions of any general Act.
Act may be amended, &c.
7 G. 4. c. 63.
CII. Nothing in this or the special Act contained shall prejudice or derogate from any of the Rights or Privileges, Jurisdiction or Authority of the Corporation of the Trinity House of Deptford Strond, the Corporation for preserving and improving the Port of Dublin, or the Commissioners of Northern Lights, Lord of the Manor within the Limits of the Harbour or
CIII. And be it enacted, That nothing herein or in the special Act contained shall be deemed to exempt the Undertakers from the Provisions, Regulations, and Conditions which may be contained in any general Act relating to Harbours, Docks, or Piers, or to Ports, Harbours, or tidal Waters, which may be passed in the same Session in which the special Act is passed, or any future Session of Parliament.
CIV. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.
An Act to amend the Acts relating to County Buildings. [8th June 1847.]
HEREAS by an Act passed in the Seventh Year of the Reign of His Majesty King George the Fourth, intituled An Act to provide for repairing, improving, and rebuilding Shire Halls, County Halls, and other Buildings for holding the Assizes and Grand Sessions, and also Judges Lodgings, throughout England and Wales, certain Powers and Authorities were given to the Justices of the Peace of any County, Riding, or Division in England and Wales, assembled at General or Quarter Sessions, and certain Provisions were made relative to the altering and repairing of any Shire Hall or County Hall accustomably made use of for holding the Assizes or Sessions of the Peace for any County, Riding, or Division, and to the building of a Shire Hall or County Hall, and to the purchasing any Houses, Lands, Tenements, or • Here
Hereditaments for that Purpose, and to the conveying the same to Trustees, and to the defraying the Expences thereby incurred, and to raising Money for the same: And whereas 'it was by the said Act declared that the Powers therein con'tained should not extend to any Halls or other Buildings not being the Property of Counties, Ridings, or Divisions of Counties, or holden in trust for them: And whereas by an 7 W. 4. & 1 Vict. Act passed in the First Year of the Reign of Her present c. 24. Majesty, for explaining and amending the first-recited Act, ' it was enacted that the said Powers, Authorities, and Provi⚫sions should authorize the building, altering, and repairing ' of any Shire Hall or County Hall or other Building used partly as a Shire Hall and partly as a Town Hall, in 'those Cases in which such Assizes and Sessions as aforesaid had been usually holden in some Town Hall or other Building not belonging exclusively to such County, Riding, " or Division: And whereas Doubts have been entertained ' whether the Justices at General or Quarter Sessions of the Peace for any County, Riding, or Division have Power, under said Acts or either of them, to build any Shire or County Hall, or to purchase Land for the Erection of the same, or to raise Money for that Purpose, where the Assizes or Ses'sions for such County, Riding, or Division have heretofore 'been usually holden in the Town Hall of some City or Town not being the Property of the County or Riding for which 'such Assizes or Sessions are holden:' Be it declared and 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, That all the Powers, Authorities, and Provisions in the said Acts contained relative to the build- recited Act and 7 W. 4. & 1 Vict. ing of any new Shire Hall or County Hall, and to the pur- c. 24. relative to chasing of any Houses, Lands, Tenements, or Hereditaments the Building of for that Purpose, and to defraying the Expence of such build- any new Shire ing and Purchase, and to raising Money for the same, shall be deemed to deemed to apply to and to authorize and to have authorized apply to the the building of any new Shire Hall or County Hall, and the Building, &c., purchasing of any Houses, Lands, Tenements, and Heredita- alth ments for that Purpose, and the defraying the Expence of such have heretofore building and Purchase, and the raising of Money for the same, been held in although the Assizes or Sessions of the Peace for the County, being the ProRiding, or Division have theretofore been usually holden in the perty of the Town Hall of some City or Town not being the Property of County. the County, Riding, or Division, and whether such Town Hall shall or shall not be pulled down; and the Houses, Lands, Tenements, and Hereditaments so purchased shall be conveyed to such Persons as the said Justices shall from Time to Time think fit to direct, in trust for the County, Riding, or Division; and such Houses, Lands, Tenements, and Hereditaments, and such new Shire Hall or County Hall, shall be and be held for the exclusive Use of the County, Riding, or Division.
some Place not