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VIII.-ABSTRACTS OF IMPORTANT PUBLIC ACTS
PASSED IN THE FIFTH SESSION OF THE EIGHTEENTH PARLIAMENT
OF GREAT BRITAIN AND IRELAND.
PRINCE AND PRINCESS OF WALES' ANNUITIES.
[26 Victoriæ, cap. 1.–March 5, 1863.] An Act to enable her Majesty to provide for the Establishment of his
Royal Highness the Prince of Wales, and her Royal Highness the Princess Alexandra of Denmark, and to settle certain Annuities on her Royal Highness.
Power is given by this Act to her Majesty to grant an Annuity of 40,0001. per annum for the establishment of the Prince of Wales and the Princess Alexandra on their marrriage, with a further grant of 10,0001. to the Princess during her marriage, and an annuity of 30,0001. per annum in the event of her surviving the Prince of Wales ; all of them to be charged on the Consolidated Fund.
UNION RELIEF AID ACT (1862) CONTINUANCE.
[26 Victoriæ, cap. 4.—March 27, 1863.] An Act to extend for a further Period the Provisions of the Union Relief
Aid Act of the last Session. The provisions of the Act 25 and 26 Vict., cap. 110, applying to the expenditure during the quarters of the year ending at Michaelmas and Christmas, 1862, are extended ($ 1) to the quarters ending at Lady Day and Midsummer, 1863, and sums borrowed under that Act ($ 2) may be repaid by annual instalments not exceeding fourteen. The word expenditure (§ 3) is to include the amount paid under any order of contribution issued by the Poor Law Board in pursuance of either of these Acts. When the Union applying for aid extends into two or more counties ($ 4), each of such counties is to contribute to the aid according to the rateable value of so much of the Union as shall be situated within such county; and “where the Union required to contribute shall be situated in two or more counties, it to contribute upon the annual rateable value of so many of the parishes of the Union as shall be wholly within the county or counties within which the Union applying for aid is situate, and the contribution shall be borne exclusively by such parishes, and shall be apportioned by the Guardians between such parishes according to their rateable values respectively, in exoneration of the common fund of the Union.” By $ 5 the parishes within the Mansfield Union are exempted from the operation of § 1 of the Act of last Session. The powers of borrowing (56) are extended to the overseers of any parish under a separate Board of Guardians in either of the counties. Parishes not in Union ($ 7), and not under a separate Board of Guardians, are to contribute in aid according to their annual rateable value. The power of the Poor Law Board ($ 8) to issue orders under this Act expired on Sept. 1, 1863; (§ 9) and the Act is to be construed, except as herein provided, in the same manner as the Act of 1862.
every 100 lbs.
[26 Victoriæ, cap. 7.—March 27, 1863.] An Act for altering the Duties on Tobacco, and permitting the Manufac
ture of Cavendish and Negrohead in Bond. Instead of the duties heretofore leviable upon tobacco § 1 enacts lhe following scale :Tobacco, manufactured ; viz., Segars the lb. 5 0 Cavendish or Negrohead
13 lbs. of moisture to every
Negroliead, manufactured in
4 0 but no tobacco packed and prized shall, on importation, be examined as to the quantity of moisture, except by special order of the Commissioners of Customs, and unmanufactured tobacco is to be entered as formerly, distinguished as stemmed or unstemmed. The drawbacks, with a number of trade regulations respecting the quantity of moisture and of other ingredients used in manufacturing it, are in proportion to the duties. By $ 2 the Commissioners of Customs are empowered to appoint warehouses for the manufacture of tobacco in bond as Cavendish or Negrohead, and for weighing, wrapping up, and labelling such manufactured tobacco, whether of British or foreign manufacture, so as to secure the duty on such tobacco; and § 3 enables such manufacture to be carried on in the said warehouses by licensed manufacturers, subject to the provisions of § 2. “ No Cavendish or Negrohead tobacco ($ 4), whether imported and warehoused as such, or manufactured in the warehouse, shall be delivered from any warehouse for home consumption, except on the following conditions :"—that they are to be made up in packets of such weights as may be directed, not exceeding one pound nor less than one ounce; that they be inclosed in wrappers approved by the Commissioners, at the expense of the importer or manufacturer; each wrapper to be securely fastened by a
label so that the packet cannot be opened without destroying the label, nor any of the contents abstracted ; that before any such Cavendish or Negrohead be thus made into packets, they must be entered for home consumption and the duty paid, whether imported or manufactured in the warehouse ; if any tobacco so manufactured shall not be made into packets it shall be re-warehoused either for exportation or for future packing; all stalks or other refuse remaining from such manufacture shall be destroyed in the presence of the proper officer, or re-warehoused for exportation, at the option of the manufacturer; every licensed manufacturer to enter in a book the weights, quantities, and particulars of all unmanufactured tobacco and other materials received by him into the warehouse for the purpose of being manufactured; the weights and quantities consumed in the manufacture, of that remaining as refuse after such manufacture, of that produced, of that made up into packets and labelled with the number of packets of each size and weight; and the quantity re-warehoused, or returned to be destroyed ; this book to be at all times open to the inspection of the customs officers, no part to be cancelled or obliterated, nor any alteration made in any entry except for the correction of an error with the sanction and in the presence of an officer of the customs : neglect of these provisions subjects the offender to a penalty of 201. Accounts ($ 5) are to be taken at least once a-year of the tobacco and other materials remaining in warehouses and balances to be struck; and any deficiency which may appear, after reasonable allowance for evaporation, &c., is to establish a case of fraudulent removal, subjecting the manufacturer to a penalty of 1001. Cavendish or Negrohead (S 6) sold without being inclosed with the authorized label, or containing any prohibited ingredients, subjects the offender to a penalty of 201. and the forfeiture of the tobacco. Persons in possession of foreign Cavendish or Negrohead are to bring the same to any customs warehouse to have the same packed and labelled, within twenty-eight days from the passing of this Act under a like penalty. Labels are to be provided (8 7) by the Commissioners of Customs, and the forgery of them is punishable by imprisonment with hard labour for a period of not more than six months, nor less than three months. Retail dealers ($ 8) are required before delivery to obliterate the label, under a penalty of 201. for neglect. Cavendish or Negrohead (§ 9) containing the leaves of trees or plants other than tobacco is not to be imported into Great Britain or Ireland, nor is any to be imported except to be warehoused ; and any imported which shall not be entered and warehoused, is declared to be forfeited, and the importer subjected to a penalty of 1001., or treble the value of the tobacco, at the option of the Commissioners; and all Cavendish or Negrohead (§ 10) containing prohibited ingredients is subject to the like forfeiture and penalties. By $ 11 the Commissioners of Customs are empowered to make rules and regulations for carrying this Act into effect; and the officers ($ 12) may carry out its provisions. Proceedings for penalties and forfeitures (§ 13) are to be taken under the Customs, Excise, and Inland Revenue Acts; and the estimate of value ($ 14) is to be the London marketprice of the best sort of tobacco of the like sort or denomination. This Act is not to repeal those of 3 and 4 Vict., cap. 18, and 5 and 6 Vict., cap. 93, and came into operation from the date of its passing.
[26 Victoriæ, cap. 10.- April 20, 1863.] An Act for prohibiting the Exportation of Salmon at certain Times. It having been found that salmon which by previous Acts were prohibited during certain periods from being sold in the United Kingdom, were exported for sale in foreign markets, the present statute enacts that “ no unclean or unseasonable
salmon, and no salmon caught during the time at which the sale of salmon is prohibited in the district where it is caught, shall be exported or entered for exportation from any part of the United Kingdom to parts beyond seas;” and a fine not exceeding 51. for each salmon is imposed on every person exporting or entering them for exportation; the penalties to be recovered as in the previous Acts relating to the salmon fisheries.
BIRTHS AND DEATHS REGISTRATION, IRELAND.
[26 Victorice, cap. 11.–April 20, 1863.] An Act for the Registration of Births and Deaths in Ireland. This Act provides for the establishment of a General Register Office, a Registrar-General, with superintendent registrars and other subordinate officers, to carry out a system of registration of births and burials throughout Ireland in a like manner to that in use in England and Scotland. Penalties are imposed for not giving notice to the registrars of births and deaths within certain times, and returns are to be made quarterly by the district registrars to the Registrar-General; and the Act is to come into operation on the 1st day of January, 1864. Marriages are not included in this Registration Act, as there was an objection on the part of the Roman Catholic clergy, by whom the majority of marriages are solemnized in Ireland, to which this Act is confined.
OFFICE OF SECRETARY AT WAR ABOLITION.
[26 Victoriæ, cap. 12.-May 4, 1863.] An Act to abolish the Office of Secretary at War, and to transfer the
Duties of that Office to one of her Majesty's Principal Secretaries of State.
The title of this Act expresses its purpose of regulating the appointment of a Secretary for War, and constituting him one of the Principal Secretaries of State. All the powers and funds are transferred, and the acts referring to the old office are rendered applicable to the new
GARDENS IN TOWNS PROTECTION.
[26 Victoriæ, cap. 13.—May 4, 1863.] An Act for the Protection of certain Gardens or Ornamental Grounds in
Cities and Boroughs. Where an inclosed square, garden, or ornamental ground (§ 1) in any city or borough has been set apart for the use or enjoyment of the inhabitants in any square, circus, street, or other public place, and where the trustees or other persons appointed for its care have neglected it, the Metropolitan Board of Works where it is within their jurisdic. tion, or the corporation of London, or the corporate authorities in any other city or borough, shall take chargo of the same, putting up a notice to that effect, and if after due inquiry the person entitled to any estate of freehold cannot be found, or if it shall be vested in any person by whom it is held subject to any condition for keeping the same as and for a pleasure-ground, or that the same shall not be built upon, they shall cause any buildings or other encroachments made thereon within twenty years before the passing of this Act to be removed; and (if requested by two-thirds of the owners and occupiers of the houses surrounding the same) shall vest the same in a committee of not more than nine nor fewer than three of the rated inhabitants to be chosen by them annually; and the vestry or board of the district may impose a rate, by an addition to the general rate on the occupiers of the houses for the support of the same : or if the owners and occupiers decline the charge, the Metropolitan Board of Works, or the corporate authority, within six months after the notice has been put up, shall vest the same in the vestries or boards, who shall maintain the same in the way that may appear to them most advantageous for the public, subject to the approval of the Metropolitan Board of Works or corporate authority; but reserving private rights, &c. By § 2 where a right exists by tenure that any garden, ornamental ground, or open space shall be maintained as such and shall not be built upon, any person possessed of such right may address the authorities before mentioned requesting them to maintain such right, and if on due inquiry they shall think fit to accede, the right shall thenceforth rest in such authorities, who may take such legal proceedings for asserting, defending, and protecting the right as such person might have taken ; and ($ 3) the expenses are to be deemed charges necessarily incurred, to be defrayed according to the provisions of “The Act to provide for the Regulation of Municipal Corporations in England and Wales.” By § 4 power is given to the Committee formed for the management of such grounds to make and alter bye-laws, which however are not to come into operation until allowed by some judge of the superior courts or by the justices in quarter sessions; by these they may impose penalties not exceeding 51. on any one wilfully damaging the trees, flowers, seats, and fences, after conviction before a magistrate. Any police constable (8 5) who shall see any person throwing rubbish into any such garden, or trespassing thereon, or getting over the railings or fence, or stealing or damaging the flowers or plants, may apprehend such person, who on conviction may be punished by a fine not exceeding 40s., or imprisonment for a term not exceeding fourteen days. Certain provisions of former Acts for the recovery of penalties, &c., are incorporated into this by $ 6; but nothing in this Act ($ 7) is to extend to property of the Crown or to property under the management of the Commissioners of Works ; and ($ 8) it does not extend to Scotland or Ireland.