Imagens das páginas
PDF
ePub

such provisional certificate may be expressed of the expenses of such investigation, and of inspecting and ascertaining the due execution of the works, may be included in the expenses in respect of which such loan, and the advances on account thereof, shall be made.

2. The allowances and expenses to any assistant Commissioner, surveyor, engineer, or other person employed under the provisions of the first-recited Act or any other Acts for the drainage and improvement of land may, if the Commissioners shall think fit, with the consent of the Commissioners of the Treasury, be by way of per-centage upon the amount or amounts in respect of which any such assistant Commissioner, surveyor, engineer, or other person employed as aforesaid may report to the Commissioners.

3. Section 28. of the said Act, 9 & 10 Vict. c. 101, and section 6. of the said Act, 10 Vict. c. 11, shall be repealed; and when the Commissioners shall be satisfied by the report of a Commissioner, assistant Commissioner, surveyor, or engineer respectively, or otherwise, that the works referred to in any such provisional certificate have been executed according to the terms and conditions of such provisional certificate, or that some part thereof has been executed, which will, independently of the part remaining unexecuted, be durable and effectual, and produce an improvement in the yearly value of the land exceeding the amount of the yearly charge which can be made in respect of an advance, and shall be satisfied by such report or otherwise that such expense has been actually incurred as will justify the advance according to the terms of the provisional certificate, the Commissioners shall issue a certificate of advance under their seal, and such certificate shall specify the land in respect of which such advance is to be made, and shall certify that such sum as therein mentioned should be issued to the person therein named in respect of the drainage of such land.

4. The Commissioners of the Treasury, upon the application of the Commissioners, may from time to time direct the Comptroller of Her Majesty's Exchequer to give the necessary issue to the Commissioners (whether by a credit on the growing produce of the Consolidated Fund or by Exchequer bills) to enable them to make advances under the said Acts; and the said Comptroller General is hereby required, upon the receipt of such direction, either to give a credit on the Exchequer funds at the Bank of England to the Commissioners, or to issue to them, or cause to be placed to their account at the Bank of England, Exchequer bills for the amount specified in such direction from the Treasury; and the said Commissioners shall upon such Exchequer credits or the produce or the sale of such Exchequer bills give warrants or orders under their seal to the Governor and Company of the Bank of England to pay from the "Drainage Advances and Repayments Account," to the respec

tive parties named in such warrants or orders, the sums specified therein.

5. In case such warrant or order shall not be presented for payment before the 6th of April or the 10th of October, whichever shall first respectively happen, next after the date of such warrant or order, the land comprised in the certificate of advance in respect of which such warrant or order shall have been given shall be charged in such and the same manner as if such warrant or order had been presented and an issue made thereon prior to such 6th of April or 10th of October first happening as aforesaid; and where any warrant or order already issued has not been presented, the land comprised in the certificate of advance in respect of which such warrant or order has been given shall be charged in such and the same manner as if such warrant or order had been presented and an issue made thereon prior to the 6th of April or the 10th of October first happening after the passing of this Act.

6. Section 29. of the 9 & 10 Vict. c. 101. shall be repealed; and in the case of advances proposed to be made under this or the said recited Acts in respect of lands in Scotland, the said Commissioners shall deliver the certificate of advance to the owner of the said lands or party applying for such advance; and the said owner or party shall thereafter cause the said certificate to be duly registered in the general or particular register of sasines, and shall thereafter return the same to the said Commissioners, with an endorsement thereon by the keeper of the said register, which the said keeper is hereby authorized and required to grant, certifying that the same has been duly registered.

7. All certificates of advance issued by the Commissioners shall be retained by them, and deposited with the records of their office.

8. Upon any apportionment of rent-charge it shall be lawful for the Commissioners, if they shall see fit, to apportion such rent-charge upon parts only of the land comprised in the certificates of advance to the exclusion of the other lands comprised therein, and such lands so excluded shall after such order of apportionment be absolutely exonerated and discharged from the payment of any part of such apportioned rent-charges.

9. So much of section 2. of the 10 Vict. c. 11. as relates to an advance, shall be repealed; and it shall be lawful for the Commissioners to issue an advance in respect of any works, notwithstanding deviations therein from the proposed manner of effecting the drainage, if such deviation shall appear to the Commissioners to be expedient, and productive of improvement as permanent and of as great yearly amount as the manner at first proposed.

10. The Commissioners to issue and deliver certificates of redemption under the 45th section of

the 9 & 10 Vict. c. 101, and to declare that the rent-charge shall continue a charge upon the land, under the 30th section of the 12 & 13 Vict. c. 100, shall be the Board of Inland Revenue, and the powers and authorities vested in Commissioners under such sections shall be executed by such board.

11. Where the "owner of land" shall be a minor, idiot, lunatic, feme covert, beyond the seas, or under any other legal disability, without having any guardian, tutor, curator, trustee, committee of the estate, husband, or attorney, it shall be lawful for the Commissioners, by an order under their hands and seal, to appoint any person approved of by them as the substitute for such owner, for all the purposes of the said recited Acts and of this Act.

12. The provisions of this Act relative to the

issue of certificates of advance, and other provisions consequent thereon, shall apply to all certificates to be hereafter issued by the Commissioners, whether the provisional certificates bear date prior to or subsequent to the passing of this Act.

13. The said recited Acts and this Act shall be read and construed together as one Act.

14. In citing this Act and the said recited Acts, or any of them, except the said Act, 12 & 13 Vict. c. 100, in other Acts of Parliament and in legal instruments, it shall be sufficient to use the expression "The Public Money Drainage Acts," and such expression shall be held to refer to and include so much of the said Act, 12 & 13 Vict. c. 100, as amends the said Acts, 9 & 10 Vict. c. 101. and 10 Vict. c. 11, otherwise than in relation only to the advance of private money for drainage.

CAP. X.

An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their

Quarters.

This Act contains the following clauses :

1. Articles of War made by Her Majesty to be judicially taken notice of, and copies printed by the Queen's printer to be transmitted to Judges, &c.

2. Persons subject to this Act.

3. Provisions of this Act to extend to Jersey, Guernsey, &c.

4. Foreign troops in Her Majesty's pay to be subject to provisions of this Act.

5. Provision as to the militia and yeomanry corps.

6. Power to constitute courts-martial.

7. As to general courts-martial convened in St. Helena, &c.

8. District or garrison courts-martial.

9. Regimental or detachment courts-martial.

10. Courts-martial on line of march, or in troop ships, &c.

11. As to courts-martial in special cases out of the Queen's dominions.

12. As to appointment of mixed courts-martial in cases of trials of marines and soldiers of the East India Company.

13. As to presidents of courts-martial.

14. Proceedings at trials.

15. As to swearing and summoning of witnesses. VOL. XXXIV.-STAT.

(14th March 1856.)

16. Previous convictions may be put in evidence before passing sentence.

17. Report of proceedings of general and district courts-martial to be transmitted to Judge Advocate General.

18. No second trial for the same offence, but revision may be allowed.

19. Crimes punishable with death. 20. Judgment of death.

21. Judgment of death may be commuted for transportation or other punishments.

22. Embezzlement punishable by transportation or penal servitude.

23. As to execution of sentences of transportation or penal servitude in the United Kingdom.

24. As to execution of sentences of transportation or penal servitude in the colonies.

25. Power to inflict corporal punishment.

26. Power to inflict corporal punishment and imprisonment.

27. Power to commute corporal punishment for imprisonment, &c.

28. Court-martial may, in addition to other punishment, order forfeiture of pay and pension.

29. Forfeiture of pay, on being found guilty of desertion, &c. or on conviction for felony. C

30. Forfeiture of pay when in confinement under sentence of court-martial, or for debt, &c.; or during absence on commitment under a charge, or whilst in arrest for debt; or when prisoner of war until inquiry shall be made; or when convicted of desertion or of absence without leave; or when absent without leave not exceeding five days.-Proviso.

31. Forfeiture of pay for drunkenness on duty.

32. Forfeiture of pay and liquor for habitual drunkenness.

33. Stoppages.

34. Power to discharge soldiers with ignominy. 35. Marking deserters.

36. Power of imprisonment by different kinds of courts-martial.

37. As to imprisonment of offenders already under sentence for previous offences.

38. Terms and places of imprisonment under sentences of courts-martial.

39. Regulations as to military prisons.

40. As to the custody of prisoners under military sentence in common gaols.

41. Proviso for removal of prisoners.

42. Provision for subsistence of soldiers when imprisoned in common gaols.

43. Expiration of imprisonment of soldiers in common gaols.

44. Musters, and punishment for false musters. 45. Trials for desertion after subsequent reenlistment.

46. Apprehension of deserters in the United Kingdom. In the colonies.

47. As to the temporary custody of deserters in gaols.

48. Desertion of recruits prior to joining their regiments.

49. Provision as to fraudulent confession of desertion.

50. Furlough in case of sickness.

51. No person acquitted or convicted by the civil magistrate or by a jury to be tried by a courtmartial for the same offence.

52. Soldiers liable to be taken out of Her Majesty's service only for felony, misdemeanour, or for debts amounting to 30l. and upwards.-Soldiers not liable to be taken out of Her Majesty's service for debts under 30l., or for not maintaining their families, or for breach of contract.

53. Officers not liable to take parish apprentices. 54. Officers not to be sheriffs or mayors. 55. Enlisting and swearing of recruits.

[blocks in formation]

60. Enlistment of negroes.

61. Apprentice enlisting to be liable to serve after the expiration of his apprenticeship.

62. Claims of masters to apprentices.

63. Punishment of apprentices enlisting. 64. Wages of servants enlisting.

65. Removal of doubts as to attestation of soldiers.

66. Authorized deductions only to be made from the pay of the army.

67. Suspending operation of certain Acts herein recited.

68. Certain requirements of 6 Anne, c. 14, (I.) as to billeting in Ireland not now necessary.

69. How and where troops may be billeted.Exemptions from billets.

70. Billeting the Guards in and near Westminster.

71. Military officers not to act as Justices in billeting.

72. Allowance to innkeepers.

73. Definition of terms.-Powers and regulations as to billets.

74. Supply of carriages.

75. Rates to be paid for carriages, and regulations relating thereto.

76. Supply of carriages in cases of emergency. 77. Justices empowered to reimburse constables for sums expended by them.

78. Routes in Ireland. 79. Tolls.

80. Ferries.

81. Marching money on discharge.

82. Notification to parishes of good or bad conduct of soldiers.

83. Ordinary course of criminal justice not to be interfered with.-Punishment of officers obstructing civil justice.

84. Penalty for disobedience by agents.
85. Penalty on trafficking in commissions.
86. Penalty for procuring false musters.
87. Penalty on unlawful recruiting.
88. Penalty for inducing soldiers to desert.

89. Penalty for forcible entry in pursuit of deserters.

90. Penalties on aiding escape or attempt to escape of prisoners, and on breach of prison regulations. Certain provisions of Acts for regulating Gaols to apply to military prisons.

91. Penalty on keepers of prisons for refusing to confine, &c. military offenders.

92. Penalty on purchasing soldiers' necessaries, stores, &c.

93. Penalties upon civil subjects offending against the laws relating to billets; penalty on toll collectors demanding toll from officers, soldiers, or carriages; and on persons personating soldiers, &c. 94. Penalties upon the military so offending.

95. Penalty on killing game without leave. 96. Form of actions at law.

97. Recovery of penalties.

98. Appropriation of penalties.

99. Mode of recording a soldier's settlement. 100. Licences of canteens.

101. Attestation of accounts.

102. Commissaries to attest their accounts. 103. Administration of oaths.-Perjury.

104. Offences against former Mutiny Acts and Articles of War.

CAP. XI.

105. Duration of this Act.

An Act to authorize the Inclosure of certain Lands in pursuance of a Report of the Inclosure Commissioners for England and Wales.

This Act enacts,

1. That the said several proposed inclosures mentioned in the Schedule to this Act be proceeded with.

(11th April 1856.)

[merged small][ocr errors]
[blocks in formation]

Date of Provisional Order.

26th May 1854.

17th May 1855. 31st May 1855.

28th June 1855. 5th July 1855.

2nd August 1855. 19th April 1855. 18th June 1855. 2nd August 1855. 2nd August 1855. 6th September 1855. 5th July 1855. 6th September 1855. 25th October 1855. 18th August 1855. 25th June 1855. 5th July 1855.

20th December 1855.

4th January 1856.

17th January 1856.

21st January 1856. 4th January 1856. 17th January 1856. 17th May 1855. 17th January 1856. 6th October 1853.

10th January 1856. 12th January 1856. 22nd December 1855.

CAP. XII.

An Act to confirm certain Provisional Orders made under an Act of the Fifteenth Year of Her 'present Majesty, to facilitate Arrangements for the Relief of Turnpike Trusts.

(11th April 1856.)

CAP. XIII.

An Act to make Provision for the Management of certain Lands belonging to Her Majesty within the former Limits of the late Forest of Delamere in the County of Chester.

This Act contains the following clauses :—

1. Provision of 52 Geo. 3. c. cxxxvi., as to allotment in Delamere Forest being kept for timber only, repealed.

(11th April 1856.)

2. Powers of 10 Geo. 4. c. 50. relative to leasing, &c. Crown lands to extend to allotments awarded under recited Acts of the 52 and 54 Geo. 3.

CAP. XIV.-IRELAND.

An Act to abolish the Office of Secretary to the Poor Law Commissioners in Ireland.

ABSTRACT OF THE ENACTMENT.

(11th April 1856.)

So much of 10 & 11 Vict. c. 90. as to appointment of Secretary to Poor Law Commissioners repealed, and office abolished.-Acts done by Commissioners where counter-signature of Secretary was heretofore necessary, valid.

By this Act,

After reciting that the office of secretary to the Commissioners for administering the Laws for Relief of the Poor in Ireland is unnecessary, and it is expedient that the same should be abolished:

It is Enacted as follows:

From and after the passing of this Act so much of an Act, 10 & 11 Vict. c. 90, as provides that the Commissioners for administering the Laws for the Relief of the Poor in Ireland shall from time

to time, subject to the approval of the Lord Lieutenant, appoint a secretary, shall be repealed; and the said office of secretary shall be abolished; and all acts of the said Commissioners or of any of them which shall be done in exercise of the powers and authorities given to them or any of them by the said recited Act, or by an Act, 14 & 15 Vict. c. 68, or by any other Act or Acts, and in reference to which the counter-signature of the said secretary was required before the passing of this Act, shall be valid and of full force and effect without such counter-signature.

CAP. XV.

An Act for further regulating the Payment of the Out-Pensioners of Greenwich
and Chelsea Hospitals.

(11th April 1856.)

1. Recited Act repealed, except, &c.

ABSTRACT OF THE ENACTMENTS.

2. Secretary-at-War to regulate payment of out-pensioners.

3. Accounts to be audited as army effective services.

4. Nothing to interfere with powers of the Admiralty and Chelsea Hospital as to granting, &c. of pensions, &c.

5. Penalty for frauds respecting pensions.

6. Power to restore pensions to Greenwich pensioners convicted of felony.

7. Pensions may be paid to the wives and children of pensioners out of the United Kingdom.

8. Repayment to parishes of relief given to out-pensioners.

« AnteriorContinuar »