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CHAPTER 19.

An Act to amend the Law relating to Weights and
Measures.
[29th June 1893.]

BE

E 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, as follows:

certain

Vict. c. 49.

Vict. c. 18.

1. Where the mayor, aldermen, and burgesses of a borough, not Relief of being a county borough, and not having a separate court of quarter boroughs sessions, were, on the first day of January one thousand eight from contribu hundred and nine y-three, the legally constituted local authority tion to county for the purposes of the Weights and Measures Acts, 1878 to 1892, expenses. or for the execution of the law relating to weights and measures 41 & 42 under any local Act, they shall be paid by the county council of 52 & 53 the county in which the borough is situate, once in every year, the Vict. c. 21. proportionate amount contributed towards the expenses incurred 55 & 56 by the county council in the execution of those Acts by the several parishes and parts of parishes within the borough, such proportion being calculated according to the values stated in the basis for county rates in force for the time being. Provided that when the amount received by a county council from the execution of those Acts is in excess of the expenditure thereupon, a proportionate part of such excess amount shall be deducted from any sum due to such borough as a recoupment under the Contagious Diseases (Animals) Acts, or the Sale of Food and Drugs Acts respectively.

and con

2. This Act may be cited as the Weights and Measures Act, 1893, Short title and shall be read as one with the Weights and Measures Acts, 1878 struction. to 1892.

3. This Act shall come into operation on the first day of April Commenceone thousand eight hundred and ninety-four.

CHAPTER 20.

An Act to extend the Provisions of the Duchy of Cornwall Management Act, 1863, relating to the Powers of Sale and Enfranchisement, and for other purposes.

[29th June 1893.]

WHEREAS it is expedient to remove the limit of time for the exercise of the powers of sale and enfranchisement under

ment.

section three of the Duchy of Cornwall Management Act, 1863, and 26 & 27 Viet. to extend the powers of investment given by the same Act:

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:

c. 49.

Repeal of limit

1. In section three of the Duchy of Cornwall Management Act, imposed by 1863, the words "within a period of thirty-one years from the 26 & 27 Vict.

c. 49. for

exercise of powers of sale and en

Act, 1893.

passing of this Act" and in section twenty-two of the same Act the words "not exceeding the term of ninety-nine years" are hereby franchisement. repealed.

Extension of power of investment.

Short title and construc

tion.

2. The power of investment conferred by the Duchy of Cornwall Management Act, 1863, is hereby extended, and shall authorise investments in any of the modes of investment authorised by section three of the Trust Investment Act, 1889, or by any Act amending or extending the same, and shall include power to vary any present or future investment for any investment authorised by this Act.

3. This Act may be cited as the Duchy of Cornwall Management Act, 1893, and shall be construed as one with the Duchy of Cornwall Management Acts, 1863 to 1868, and those Acts and this Act may be cited collectively as the Duchy of Cornwall Management Acts, 1863 to 1893.

Short title.

Voluntary conveyances if bona fide not to be

CHAPTER 21.

An Act to amend the Law relating to the Avoidance of
Voluntary Conveyances.
[29th June 1893.]

BE

E 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, as follows:

1. This Act may be cited as the Voluntary Conveyances Act, 1893.

2. Subject as herein-after mentioned no voluntary conveyance of any lands, tenements, or hereditaments, whether made before or after the passing of this Act, if in fact made bonâ fide and without avoided under any fraudulent intent, shall hereafter be deemed fraudulent or 27 Eliz. c. 4. covinous within the meaning of the Act twenty-seven Elizabeth, chapter four, by reason of any subsequent purchase for value, or be defeated under any of the provisions of the said Act by a conveyance made upon any such purchase, any rule of law notwithstanding.

Saving transactions completed

before passing of Act.

Definition of conveyance.

Application

to Ireland.

3. This Act does not apply in any case in which the author of a voluntary conveyance of any lands, tenements, or hereditaments has subsequently, but before the passing of this Act, disposed of or dealt with the same lands, tenements, or hereditaments to or in favour of a purchaser for value.

4. The expression "conveyance" includes every mode of disposition mentioned or referred to in the said Act of Elizabeth.

5. This Act shall extend to Ireland, and, as applied to Ireland, shall be read and construed as if the Act of the tenth year of Charles the First, session two, chapter three (Ireland), were substituted for the said Act of Elizabeth.

CHAPTER 22.

An Act to amend the Appellate Jurisdiction Act, 1876, so far as regards Appeals in Formâ Pauperis.

ВЕ

[29th June 1893.]

E 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, as follows:

1. Where in an appeal to the House of Lords a petition is Power to presented for leave to sue in formâ pauperis, and the House on the refuse to appeal in formâ report of its Appeal Committee determines that there is no primâ pauperis. facie case for the appeal, the House may refuse the prayer of the petition.

2. This Act may be cited as the Appeal (Formâ Pauperis) Act, Short title. 1893.

CHAPTER 23.

An Act to provide for prohibiting the Catching of Seals at certain periods in Behring's Sea and other parts of the Pacific Ocean adjacent to Behring's Sea.

W

[29th June 1893.]

HEREAS it is expedient to extend the Sea Fishery (Behring's 54 & 55 Vict. Sea) Act, 1891, to other waters of the North Pacific Ocean c. 19. adjacent to Behring's Sea, and for that purpose to repeal and reenact that Act:

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:

1. (1.) Her Majesty the Queen may, by Order in Council, pro- Power to hibit during the period specified by the Order, the catching of seals prohibit by by British ships in such parts of the seas to which this Act applies Council the as are specified by the Order.

(2.) While an Order in Council under this Act is in force-
(a.) a person belonging to a British ship shall not kill, take, or
hunt, or attempt to kill or take, any seal during the period
and within the seas specified by the Order; and
(b.) a British ship shall not, nor shall any of the equipment or
crew thereof, be used or employed in such killing, taking,
hunting, or attempt.

(3.) If there is any contravention of this Act, any person com

mitting, procuring, aiding, or abetting such contravention shall be

Order in

hunting of seals in Behring's Sea

and adjacent parts of the

Pacific Ocean.

guilty of a misdemeanor within the meaning of the Merchant 17 & 18 Vict. Shipping Act, 1854, and the ship and her equipment, and everything c. 104.

on board thereof, shall be liable to be forfeited to Her Majesty as if an offence had been committed under section one hundred and three

of the said Act, and the provisions of sections one hundred and three and one hundred and four and Part Ten of the said Act, and of 39 & 40 Vict. section thirty-four of the Merchant Shipping Act, 1876 (which are set out in the schedule to this Act) shall apply as if they were herein re-enacted, and in terms made applicab'e to an offence and forfeiture under this Act, and any commissioned officer on full pay in the naval service of Her Majesty the Queen may seize the ship's certificate of registry.

c. 80.

Provision as to

(4.) Any commissioned officer on full pay in the naval service of Her Majesty the Queen shall have power, during the period and in the sea specified by the Order, to stop and examine any British ship, and to detain her, or any portion of her equipment, or any of her crew, if in his judgment the ship is being or is preparing to be used or employed in contravention of this Act.

(5.) For carrying into effect an arrangement with any foreign State, an Order in Council under this Act may provide that such officers of that State as are specified in the Order may exercise the like powers under this Act as may be exercised by such a commissioned officer as aforesaid in relation to a British ship, and the equipment and crew and certificate thereof, and that such British officers as are specified in the Order may exercise, with the necessary modifications, the powers conferred by this Act in relation to a ship of the said foreign State, and the equipment and crew and papers thereof.

(6.) If during the period and within the seas specified by the Order a Briti-h ship is found having on board thereof fishing or shooting implements or seal skins or bodies of seals, it shall lie on the owner or master of such ship to prove that the ship was not used or employed in contravention of this Act.

2.-(1.) Where an officer has power under this Act to seize a ship's papers. ship's certificate of registry, he may either retain the certificate and give a provisional certificate in lieu thereof, or return the certificate with an indorsement of the grounds on which it was seized, and in either case may direct the ship, by an addition to the provisional certificate or to the indorsement, to proceed forthwith to a specified port, being a port where there is a British court having authority to adjudicate in the matter, and if this direction is not complied with, the owner and master of the ship shall, without prejudice to any other liability, each be liable to a fine not exceeding one hundred pounds.

Evidence.

(2.) Where in pursuance of this section a provisional certificate is given to a ship, or the ship's certificate is indorsed, any officer of customs in Her Majesty's dominions or British consular officer may detain the ship until satisfactory security is given for her appearance in any legal proceedings which may be taken against her in pursuance of this Act.

3.—(1.) A statement in writing, purporting to be signed by an officer having power in pursuance of this Act to stop and examine a ship, as to the circumstances under which or grounds on which he stopped and examined the ship, shall be admissible in any proceedings, civil or criminal, as evidence of the facts or matters therein stated.

(2.) If evidence contained in any such statement was taken on oath in the presence of the person charged in the evidence, and that person had an opportunity of cross-examining the person giving the evidence and of making his reply to the evidence, the officer making the statement may certify that the evidence was so taken and that there was such opportunity as aforesaid.

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4.-(1.) Her Majesty the Queen in Council may make, revoke, Orders in and alter Orders for the purpose of this Act, and every such order shall Council. be forthwith laid before both Houses of Parliament and published in the London Gazette.

(2.) Any such Order may contain any limitations, conditions, qualifications, and exceptions which appear to Her Majesty in Council expedient for carrying into effect the object of this Act,

short title, and

5.-(1.) This Act shall apply to the animal known as the fur Application, seal, and to any marine animal specified in that behalf by an Order construction, in Council under this Act, and the expression "seal" in this Act duration of shall be construed accordingly.

(2.) This Act shall apply to the seas within that part of the Pacific Ocean known as Behring's Sea and within such other parts of the Pacific Ocean as are north of the forty-second parallel of north latitude.

(3.) The expression "equipment" in this Act includes any boat, tackle, fishing or shooting instruments, and other things belonging to a ship.

Act.

(4.) This Act may be cited as the Seal Fishery (North Pacific) 54 & 55 Vict Act, 1893.

(5.) The Seal Fishery (Behring's Sea) Act, 1891, is hereby repealed, but any Order in Council in force under that Act shall continue as if it had been made in pursuance of this Act.

(6.) This Act shall be and remain in force until the first day of July one thousand eight hundred and ninety-five.

SCHEDULE.

ENACTMENTS OF MERCHANT SHIPPING ACT
(17 & 18 VICT. c. 104.) APPLIED.

SECTION 103.

*

And in order that the above provisions as to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of Customs, or any British Consular officer, to seize and detain any ship which has, either wholly or as to any share therein, become subject to forfeiture as aforesaid, and to bring her for adjudication before the High Court of Admiralty in England or Ireland, or any court having Admiralty jurisdiction in Her Majesty's dominions; and such court may thereupon make such order in the case as it may think fit, and may award to the officer bringing in the same for adjudication such portion of the proceeds of the sale of any forfeited ship or share as it may think right.

SECTION 104,

c. 19.

No such officer as aforesaid shall be responsible, either civilly or criminally, Officer not to any person whomsoever, in respect of the seizure or detention of any ship liable for any

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