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Appeal.

20 G. 2. c. 43.

Application

of Penalties.

Limitation of
Actions.

Interpretation of Act.

to convict the Offender, and upon such Conviction to decern, adjudge, and sentence him to pay the Penalty or Forfeiture incurred, and the Expences attending the Conviction, and to grant Warrant for imprisoning him until such Penalty or Forfeiture and Expences shall be paid: Provided always, that such Warrant shall specify the Amount of such Penalty or Forfeiture and Expences, and shall also specify a Period at the Expiration of which the Party shall be discharged, notwithstanding such Penalty or Forfeiture and Expences shall not have been paid, and which Period shall in no Case exceed Two Calendar Months; and it shall be lawful for the Sheriff to make such Orders concerning the imme diate Disposal of any Boat, Net, or Fish seized or forfeited under the Provisions of this Act as may be necessary.

VII. And be it enacted, That it shall be lawful for any Person who shall think himself aggrieved by any Judgment of the Sheriff pronounced in any Case arising under this Act to appeal from the same to the next Circuit Court of Justiciary, or, where there are no Circuit Courts, to the High Court of Justiciary at Edinburgh, in the Manner, and by and under the Rules, Limitations, Con ditions, and Restrictions contained in an Act passed in the Twentieth Year of the Reign of His Majesty King George the Second, for taking away and abolishing Heritable Jurisdiction in Scotland, with this Variation, that such Person shall, in place of finding Caution in the Terms prescribed by the said Act, be bound to find Caution to pay the Penalty or Forfeiture and Expences awarded against him by the Sentence appealed from, in the event of the Appeal being dismissed or not insisted in, together with any additional Expences that may be awarded by the Court on deciding or dismissing the Appeal; and it shall not be competent to appeal from or bring the Judgment of any Sheriff acting in the Execution of this Act under Review, by Advocation or Suspension or by Reduction, or in any other Way than as herein provided.

VIII. And be it enacted, That all Penalties and Forfeitures imposed under the Authority of this Act shall, when levied, be paid, the one Half thereof to the Prosecutor, and the other Half to the Poor of the Parish within which the Offence shall have been committed.

IX. And be it enacted, That no Prosecution or other Proceed ing whatever shall be brought or commenced against any Person for any Offence against this Act, unless the same shall be com menced within Six Calendar Months after such Offence shall have been committed.

any

X. And be it enacted, That the Words "River," "Water," or "Loch" occurring in this Act shall mean and include Stream, Burn, Mill-pool, Mill-lead, Mill-dam, Sluice, Pond, Cut, Canal, and Aqueduct, and every other Collection or Run of Water in which Trouts and other Fresh-water Fish breed, haunt, or are found or preserved; that the Word "Sheriff" shall mean the Sheriff of the County in which the Offence happens or Case arises, and shall include the Sheriff Substitutes of such Sheriffs; that the Singular shall include the Plural Number, and Words importing the Plural Number shall include the Singular; and Words importing the Masculine Gender shall include Females.

XI. And

Fisheries.

XI. And be it enacted, That nothing herein contained shall Saving the affect any Act of Parliament, general or local, passed for the Laws regardPreservation of the Salmon Fisheries in Scotland, or in relation ing the Salmon to the fishing of Salmon or Fish of the Salmon Kind in Scotland. XII. And be it enacted, That this Act may be amended or Alteration of repealed by any Act of Parliament to be passed in the present Act. Session of Parliament.

CA P. XXVII.

An Act to amend the Act to establish Military Savings
Banks.
[30th June 1845.]

WHEREAS, pursuant to an Act passed in the Fifth and

Secretary at

Sixth Years of the Reign of Her present Majesty Queen Victoria, intituled An Act to establish Military Savings Banks, 5 & 6 Vict. c.71. ⚫ there have been established in the several Regiments of Cavalry and Infantry in Her Majesty's Service Regimental Savings Banks for the Custody and Increase of small Savings, belonging ⚫ to the Non-commissioned Officers and Soldiers serving therein: And whereas such Savings have been applied in diminution of the Charge of the Public Military Expenditure, placed under the Control of the Secretary at War for the Time being: And whereas it is expedient to amend the said Act:' 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, That it shall be lawful for the Secretary at War for the Time being to authorize, by his Warrant, Payment from the Funds War to direct granted for Army Services of the full Amount of the Money certain Monies received and applied for the Public Service, as well as of any the Account of to be paid to Money which may hereafter be received and applied under and the Commisby virtue of the said recited Act, together with the Interest allowed sioners for the thereon, from the Account of the Paymaster General to the Reduction of Account of the Commissioners for the Reduction of the National the National Debt; and the Cashier of the Bank of England is hereby required carried to the Debt, and to receive all such Monies, and to place the same into a separate Account of the Account, to be raised in the Names of the said Commissioners Military Savin the Books of the Governor and Company of the Bank of ings Banks. England, denominated "The Fund for the Military Savings Banks :" Provided always, that previous to any Payment being made into the Bank of England as aforesaid, the Person applying for that Purpose shall in all Cases produce to the Officer of the Commissioners, at their Office in London, a Warrant from the Secretary at War, stating that the Money mentioned therein ist Part of the Funds of the Military Savings Banks.

II. And be it enacted, That the said Commissioners shall cause Investment of all the Monies paid into the Bank of England, and placed to their such Monies. Account, in pursuance of this Act, to be invested from Time to Time, under such Regulations as the said Commissioners shall direct, in the Purchase of any Bank Annuities in their Names, and to be carried to the Account herein-before provided; and the Interest or Dividends which shall arise from Time to Time, and become due thereon, shall in like Manner be invested in the Purchase of Bank Annuities: Provided always, that such Interest

Secretary at
War may direct
Investments to

be transferred
to Account of
Paymaster
General.

Commissioners

for Reduction of National Debt empowered to sell.

Account to be annually laid before Parliament.

The Funds exempted from Acts relating to Savings Banks.

Alteration of

Act.

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or Dividends shall not be subject or liable to any Taxes, Charges, or Impositions whatever.

III. And be it enacted, That it shall and may be lawful for the Secretary at War for the Time being, by his Warrant, to require that, within Fourteen Days from the Day the same is lodged at the Office of the said Commissioners, the whole or any Part of the Bank Annuities standing in the Books of the Bank of England in the Names of the Commissioners for the Reduction of the National Debt, on account of the Fund for the Military Savings Banks, shall be sold, and the Produce thereof paid to the Account of the Paymaster General at the Bank of England.

IV. And be it enacted, That it shall and may be lawful for the said Commissioners, and they are hereby authorized and empowered, on the Request as aforesaid of the said Secretary st War, to sell from Time to Time any Part of the said Bank Annuities which shall be standing in their Names in the Books of the Bank of England in pursuance of this Act, and the Certi ficate of the Cashier of the Bank of England of the Money having been placed to the Account of the Paymaster General shall be s full and sufficient Discharge to the said Commissioners.

V. And be it enacted, That the gross Amount of all Monies received and paid by the Commissioners for the Reduction of the National Debt under the Authority of this Act, prepared up to the Fifth of January in every Year, shall be annually laid before both Houses of Parliament on or before the First Day of April in every Year, if Parliament shall be then sitting, or if Parliament shall not be sitting, then within the first Fourteen Days of the next Session of Parliament.

VI. And be it enacted, That the Funds placed in the Hands of the Commissioners for the Reduction of the National Debt under the Authority of this Act shall not be taken to be within the Provisions of any Act heretofore passed relating to Savings Banks, but shall be held in trust for the Non-commissioned Officers and Soldiers of the Army, at the Disposal of the Secretary at War for the Time being.

VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

C A P. XXVIII.

An Act to empower Canal Companies and the Commissioners of Navigable Rivers to vary their Tolls, Rates, and Charges on different Parts of their Navigations.

WHEREAS

[30th June 1845.] WHEREAS by divers Acts of Parliament various Canal Companies and the Commissioners or Trustees of several Navigable Rivers have been authorized and empowered to levy and receive certain Tolls, Rates, and Charges for the Use of their respective Canals and Navigations, which Tolls, Rates, and Charges are for the most part required to be levied at one uniform Rate per Ton or per Mile throughout the entire Length of the said Navigations and Rivers respectively, without regard to any Difference of Circumstances which may exist in reference thereto : And whereas by an Act of Parliament passed in this

6 present

I'

or Rates on

present Session, called "The Railways Clauses Consolidation Act, 1845," Powers have been given to Railway Companies to I vary the Tolls, Rates, and Charges upon Railways, so as to accommodate them to the Circumstances of the Traffic thereon: And whereas greater Competition for the public Advantage 'would be obtained if Canal Companies and the Commissioners or 'Trustees of Navigable Rivers which have already been or may hereafter be from Time to Time incorporated or established, or which are regulated under the Authority of Parliament, were to have the like Powers granted to them in respect of their several * Canals and Navigations and other Works connected therewith; "but such beneficial Purposes cannot be effected without the Authority of Parliament: 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, That Canal Comfrom and after the passing of this Act, and subject to the Provi- panies authosions and Limitations herein contained, it shall be lawful for the rized to vary Company of Proprietors of any Canal, or for the Undertakers, their Tolls Commissioners, or Trustees of any Navigation or navigable River, different Poralready or hereafter to be established or incorporated or which is tions of their regulated under the Authority of Parliament, or for their respec- Canals; tive Lessees, Committees, Directors, or Managers, or their Superintendents, or other Agents by them severally authorized, in such Manner as may be required by their respective Acts of Incorporation or for regulating such Canals or Navigations, from Time to Time to alter or vary the Tolls, Rates, and Duties granted to them, or by them respectively authorized to be levied and received for the Use of their several Canals or Navigations, or any Branches therefrom, or any Railways or Tramways connected therewith, and made under the Authority of such Canal or Navigation Acts respectively, either upon the whole or upon or for any particular Portion or Portions of such Canals, Navigations, Branches, Railways, or Tramways, according to local Circumstances, or the Quantity of Traffic or otherwise, as they shall think fit, and also and also, from from Time to Time to lower or reduce, and again to raise or advance, such Tolls, Rates, and Duties, and also any Tolls or Charges by them respectively authorized to be levied and received for any Haulage, Trackage, or other Power supplied by them, either upon the whole or upon any particular Portion or Portions of their said several Canals, Navigations, Branches, Railways, and Tramways, as to such Companies, Commissioners, Trustees, or Lessees, or their Committees, Directors, Managers, or Superintendents respectively, shall seem fit, any thing in the several Acts of Incorporation, or for regulating any such Canals or Navigations, contained to the contrary notwithstanding: Provided always, that in no Case shall the Tolls, Rates, Duties, and Charges to be at any Time levied or made by any such Companies, Commissioners, Trustees, or Lessees, for the Use of any such Canals, Navigations, Branches, Railways, or Tramways, or for the Supply of any such Haulage, Trackage, or other Power, exceed the Amount which they are by their said several Acts respectively authorized to levy or receive.

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Time to Time, to reduce and again advance their Tolls or Rates.

Tolls to be

to all Persons

under the like

the like

Circumstances.

II. Provided always, and be it enacted, That all Tolls, Rates, charged equally and Duties for the Use of any such Canals, Navigations, Branches, Railways, or Tramways shall be at all Times charged equally to all Persons, and after the same Rate, whether per Mile, or per Ton per Mile, or otherwise, in respect of all Boats, Barges, and other Vessels of a like Description passing along or using the same Portion of the said Canal, Navigation, Branches, Railways, or Tramways respectively, and upon all Goods, Animals, Articles, and Things of a like Description, and conveyed or propelled in a like Boat, Barge, or other Vessel passing along or using the same Portion of the said Canal, Navigation, Branches, Railways, or Tramways, under the like Circumstances; and that all Tolls and Charges for Haulage, or Trackage or other Power, to be supplied by any such Company, Commissioners, Trustees, or Lessees, shall be at all Times charged equally to all Persons, and after the same Rate, whether per Mile, or per Ton per Mile, or otherwise, in respect of all Goods, Animals, Articles, and Things of a like Description, and conveyed in a like Boat or Vessel, drawn or propelled by a like Power, and passing along or using the same Portion of any such Canal, Navigation, Branches, Railways, or Tramways, under the like Circumstances; and no Reduction or Advance in any Tolls or Charges for the Use of any such Canal, Navigation, Branches, Railways, or Tramways, or for the Supply of any Haulage, Trackage, or other Power by the said Companies, Commissioners, Trustees, or Lessees, shall be made, either directly or indirectly, in favour of or against any particular Company or Person passing along or using the same Portion of such Canal, Navigation, Branches, Railways, or Tramways.

Act not to ap

ply to existing Companies until a Meeting of Shareholders have determined

III. Provided always, and be it enacted, That this Act shall not apply to any Canal or Navigation the Property wherein is vested in Shareholders until a Meeting of the Shareholders thereof shall have been duly convened, in such Manner as Meetings are by their respective Acts of Incorporation or Settlement required to be called, or are usually called, and it shall have been determined, by a Majority of Two Thirds of the Votes of the Shareholders in other Cases until approved in such Meeting assembled, either in Person or by Proxy (where by Trustees or by such Acts of Incorporation or Settlement voting by Proxy is Proprietors, and allowed), to adopt the Powers hereby granted, and where such Notices thereof Navigations are vested in Commissioners or Trustees without any duly published. Body of Shareholders or Proprietors, until a special Meeting of

thereupon, nor

such Commissioners or Trustees shall have been duly convened in such Manner as special Meetings are by the respective Acts for regulating such Navigations required to be called, or are usually called, and it shall have been determined by a Majority of such Commissioners or Trustees in such Meeting assembled to adopt the Powers by this Act granted, or to any Canal or Navigation the Property wherein is vested in One or more Owner or Owners, Proprietor or Proprietors, unless the Owner or Owners, Proprietor or Proprietors thereof shall determine to adopt the Powers and Provisions hereby granted, nor in either Case until public Notice of such Determination and Intention shall have been inserted in the London Gazette in respect of Canals or Navigations in England or Wales, in the Edinburgh Gazette in respect of Canals or

Navigations

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