fering from in Principal same, or the same as modified on any Objection taken Schedule as pubunder the Principal Act, should be authorized by a Pro- lished, visional Order, it shall be lawful for the Board of Trade to though diffinally adjust and fix a Schedule of Rates, not exceeding Schedule the Rates specified in the Schedule so prepared, published, referred to deposited, and transmitted, or so modified, and thereupon Act. by Provisional Order to authorize the Levying and Recovery of Rates according to the Schedule so finally adjusted and fixed, notwithstanding that the same may in any respect differ from the Schedule to The Burgh Harbours (Scotland) Act, 1853: Provided that it shall be lawful for the Board of Trade, if in any Case they think fit, before finally adjusting and fixing any such Schedule, to require the Promoters to publish any further or other Notice relative to the proposed Schedule as the Board of Trade may direct. XXIV. The Provisions of the Principal Act described in Schedule (C.) to this Act shall be repealed with respect to any Application already made to the Board of Trade for a Provisional Order. IV. GENERAL PROVISIONS. Provisions pal Act as in Schedule of Princi (C.) to this Act re pealed. to be made under XXV. The Board of Trade shall not make any Pro- Order not visional Order taking away or abridging any Right, Privi- affecting lege, Power, Jurisdiction, or Authority given or reserved Powers to any Person or Corporation by any Local or Special Act Local of Parliament, without the Consent in Writing of such Acts withPerson or Corporation; but, subject to this Restriction, sent. and to the Provisions of the Principal Act, and of this Act, every Provisional Order when duly confirmed by Parliament shall be of full Force and Effect, any Local or Special Act to the contrary notwithstanding. XXVI. Every Provisional Order of the Board of Trade on any Application already made or to be hereafter made shall take effect subject and according to such Restrictions and Provisions, and on such Terms and Conditions, as may be therein specified, not being inconsistent with the Provisions of the Principal Act or this Act. out Con Power to Trade to impose Board of Terms, etc. Application of 7 W. c. 83, to Act. XXVII. The Provisions of the Act of the Session of the Seventh Year of King William the Fourth and the First 4 & 1 Vict. Year of Her Majesty, Chapter Eighty-three, to compel Clerks of the Peace for Counties and other Persons to take the Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament,' shall (as far as may be) apply to all Cases of Deposit of Documents made or to be made with. any Person under the Principal Act or this Act. b SCHEDULES. SCHEDULE (A.) Parts of General Pier and Harbour Act, 1861, repealed as to future Applications to the Board of Trade for Provisional Orders. (1.) Sections Five, Nine. (2.) In Section Six, so much as requires any Deposit to be made at the Admiralty Office. (3.) In Section Sixteen, so much as relates to the London, Edinburgh, or Dublin Gazette. SCHEDULE (B.) PART I. Advertisement in October or November of intended Application. (1.) Every Advertisement is to state 1. The Objects of the intended Application, specifying any of the following Objects, when comprised among the Objects of the Application : (a.) Extension of Time for the Completion of any Works already authorized: (b.) Power for a Company to amalgamate with another: (c.) Power to sell, purchase, lease, or take on Lease an Undertaking: (d.) Amendment or Repeal of any Local or Special Act of Parliament, or of any former Provisional Order: (e.) Power to levy any Tolls, Rates, or Duties, or to alter any existing Tolls, Rates, or Duties: (f) The conferring, varying, or extinguishing of any Exemption from Tolls, Rates, or Duties, or of any other Right or Privilege: (g.) Constitution or Alteration of Constitution of any Harbour Authority: 2. A general Description of the Nature of the proposed new Works, if any. 3. The Names of the Parishes, Townlands, Townships, and Extraparochial Places in which the proposed new Works, if any, will be made. 4. The Times and Places at which the Deposit under Part II. of the Schedule will be made. 5. An Office, either in London, or at the Place to which the intended Application relates, at which printed Copies of the Draft Provisional Order, when deposited, will be purchaseable as hereinafter provided. (2.) The whole Notice is to be included in One Advertisement, which is to be headed with a short Title descriptive of the Undertaking or Application. (3.) The Advertisement is to be inserted once at least in each of Two successive Weeks in some One and the same Newspaper published in the City, Town, or Place where the proposed Works will be made, or where the Pier or Harbour to which the intended Application relates is situate; or if there be no such Newspaper, then in some One and the same Newspaper published in the County in which such City, Town, or Place, or some Part thereof, is situate; or if there be none, then in some One and the same Newspaper published in some adjoining or neighbouring County. (4.) The Advertisement is also in every Case to be inserted once at least in the London Gazette if the Place to which the intended Application relates is situate in England or Wales, in the Edinburgh Gazette if such Place is situate in Scotland, or in the Dublin Gazette if such Place is situate in Ireland. PART II. Deposit on or before 30th November. (1.) The Promoters are to deposit 1. A Copy of the Advertisement published by them. 2. A proper Plan and Section of the proposed new Works, if any; such Plan and Section to be prepared according to such Regulations as may from Time to Time be made by the Board of Trade in that Behalf. (2.) The Documents aforesaid are to be deposited for public Inspection 1. In England or Ireland, in the Office of the Clerk of the Peace for every County, Riding, or Division; in Scotland, in the Office of the Principal Sheriff-Clerk for every County, District, or Division,-in which any proposed new Work will be made, or in which the Pier or Harbour to which the intended Application relates, or any Part thereof, is situate. 2. At the Custom House, if any, of the Port, Sub-Port, or Creek to which the intended Application relates. (3.) The Documents aforesaid are also to be deposited in the Offices of the Admiralty and of the Board of Trade. PART III. Deposit on or before 23d December. (1.) The Promoters are to deposit at the Office of the Board of Trade 1. A Memorial of the Promoters, signed by them or One of them, headed with a short Title descriptive of the Undertaking or Application (corresponding with that at the Head of the Advertisement), addressed to the Board of Trade, and praying for a Provisional Order. 2. A printed Draft of the Provisional Order as proposed by the Promoters. 3. An Estimate of the Expense of the proposed new Works, if any, signed by the Person making the same. (2.) They are also to deposit printed Copies of the Draft Provisional Order for public Inspection at the Custom House (if any) of the Port, Sub-Port, or Creek to which the Application relates. (3.) They are also to deposit a sufficient Number of such printed Copies at the Office named in that Behalf in the Advertisement; such Copies to be there furnished to all Persons applying for them at the Price of not more than One Shilling each. SCHEDULE (C.) Parts of General Pier and Harbour Act, 1861, repealed as to Appli cation already made to the Board of Trade for Provisional Orders. In Section Sixteen, so much as relates to the London, Edinburgh, or Dublin Gazette, and also so much as restricts the Time for the Introduction of a Bill into Parliament for the Confirmation of a Provisional Order. CAP. XXXV. An Act to amend the Acts for the Regulation of Public 'WHEREAS an Act was passed in the Ninth Year of the Reign of His Majesty King George the Fourth, intituled 9 G. 4, c. 58. An Act to regulate the granting of Certificates by Justices of the Peace and Magistrates, authorizing Persons to keep Common Inns, Alehouses, and Victualling Houses in Scotland, in which Ale, Beer, Spirits, Wine, and other Excise able Liquors may be sold by Retail under Excise Licences, and for the better Regulation of such Houses, and for the Prevention of such Houses being kept without such Certificate; and another Act was passed in the Sixteenth and Seventeenth Years of the Reign of Her present Majesty, intituled 16 & 17 An Act for the better Regulation of Public Houses in ScotVict., c. 67. land: And whereas it is expedient to amend the said Acts, and to make provision for more effectually preventing the Sale of Exciseable Liquors without Certificate and Licence, and for other Purposes relating thereto :' 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: I. The Magistrates of Burghs shall meet for granting Regulating and renewing Certificates for the Sale of Exciseable Liquors Period for granting within the Bounds of such Burghs upon the Second Tues- Certificates. day of April and the Third Tuesday in October in each Year, and the Justices of the Peace for the several Counties or Districts shall meet for granting and renewing Certificates for the Sale of Exciseable Liquors within such several Counties or Districts on the Third Tuesday of April and the last Tuesday of October in each Year; and it shall be lawful for such Magistrates and Justices respectively to adjourn such Meetings from Time to Time, as they shall think fit, during the Period of One Month next after the Day of their First Meeting, but no longer. Certificates. II. The Forms of Certificates contained in Schedule (A.) Forms of to this Act annexed shall come in place of the Forms of Certificates provided by the recited Acts or either of them; and it shall be lawful for the Justices of the Peace for any County or District, or the Magistrates of any Burgh, where they shall deem it inexpedient to grant to any Person a Certificate in the Form applied for, to grant him a Certificate in any other of the Forms contained in the said. Schedule: Provided always, that in any particular Locality within any County or District or Burgh requiring other Hours for opening and closing Inns and Hotels and Public Houses than those specified in the Forms of Certificates in said Schedule applicable thereto, it shall be lawful for such Justices or Magistrates respectively to insert in such Certificates such other Hours, not being earlier than Six of the Clock or later than Eight of the Clock in the Morning for opening, or earlier than Nine of the Clock or later than Eleven of the Clock in the Evening for closing the same, as they shall think fit: And the Penalties and Forfeitures Penalties provided by the recited Acts, or either of them, for Breaches for Breachof or Offences against the Terms, Provisions, and Conditions ficate. of Certificates, shall apply to Breaches of or Offences against the Terms, Provisions, and Conditions of Certificates granted under this Act. es of Certi for the Sale to include III. Every Certificate to be hereafter granted for the Certificates Sale by Retail in any House or Premises of Spirits or Wine of Spirits shall include an Authority for the Sale by Retail in such and Wine, House or Premises of Porter, Ale, Beer, Cyder, and Perry, Authority and such Certificate shall have the Effect of enabling the Party in favour of whom the same shall have been granted to sell Por ter, Ale, Beer, etc. |