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bourage to persons of a vicious or dissolute character, or otherwise constitute a nuisance to the neighbourhood, may require the proprietors or reputed proprietors of such buildings, or their factors or agents, so far as such proprietors, reputed proprietors, factors, or agents may be known, within three months after requisition made to them to grant obligation to execute, within such reasonable time as the magistrates and town council may fix, such operations in the way of rebuilding, altering, repairing, draining, or otherwise as the said magistrates and town council may deem necessary for the avoidance of such risk or nuisance in time to come, and also to find security, to their satisfaction, that such buildings shall not thenceforward be allowed to afford such harbourage as aforesaid; and if within the said three months no such obligation be granted, or no such security be found, or if within the period fixed by the said magistrates and town council such obligation, if granted, shall not be implemented, it shall be lawful for them to give such consent as aforesaid, and, on such consent being given, it shall be lawful for such association to apply by summary petition to the Court of Session, in either of its divisions, for authority to acquire such building, or range or block of buildings, for the purposes aforesaid, or either of them, at a price to be fixed in manner hereinafter provided, and to have the same adjudged to them for such purposes." On such petition being presented, notice is to be served on the reputed proprietors, and after hearing them, if they appear, the court may direct the sheriff to ascertain the value, which he is to do according to the provisions of the Lands Clauses Act, and the price, when ascertained, is to be lodged in any of the chartered banks of Edinburgh, in the name of the accountant of the Court of Session, which is then to adjudge the property to the association. After adjudication has been pronounced, the accountant is to call upon all persons having claims upon the property to send in a written statement, with the necessary documents, and, as soon as possible, to prepare a scheme of division according to the respective rights and interests of the parties concerned, any of whom may, if dissatisfied, appeal to the Court of Session; but if no appeal is made, he is to divide the sum received among the claimants, according to the scheme, retaining such sum or sums as may be unclaimed, and to lay annually a statement of such unclaimed sums before the Court.
[18 and 19 Victoriæ, cap. 90.-August 14, 1855.]
An Act for the Payment of Costs in Proceedings instituted on behalf of the Crown in Matters relating to the Revenue; and to the Amendment of the Procedure and Practice in Crown Suits in the Court of Exchequer.
In all suits or other legal proceedings hereafter instituted before any Court (§ 1) where the Crown is successful, costs are to be recovered as beween subject and subject; and the defendant (§ 2), if successful against the Crown, is to be entitled to costs in like manner. The barons of the Courts of Exchequer in England and Ireland, or any three of them (S3), are empowered to make rules and orders for the regulation of pleading and practice in Crown suits; such rules to be laid before Parliament, and not to have effect until three months after they have been so laid before Parliament; and the whole or any part may be suspended by resolution of Parliament, or by the Queen's proclamation in the London Gazette within the said period of three months.
[18 and 19 Victoriæ, cap. 94.-August 14, 1855.]
An Act to impose increased Rates of Duty of Excise on Spirits distilled in the United Kingdom; to allow Malt, Sugar, and Molasses to be used Duty-free in the distillery of Spirits in lieu of Allowances and Drawbacks on such Spirits, Sugar, and Molasses respectively; and to amend the Laws relating to the Duties of Excise.
By § 1 the duty on spirits, on and after October 1, 1855, of hygrometer proof, is to be in Great Britain 8s. per gallon, and in Ireland 6s. 2d. per gallon, and in proportion for any greater or less degree of strength. The duties to be collected by and be under the management of the Commissioners of Inland Revenue (§ 2), as before. On all spirits in stock (§ 3) distilled from wort or wash made before October 1, there is to be made an allowance of 8d. per gallon; and if made from any other material than malt, an allowance of 2d. per gallon; and all former allowances (§ 4) are to cease from and after the passing of this Act (§ 5). Any distiller, on taking out a licence as maltster, may make and use malt free from duty in distilling spirits; but special entry (§ 6) must be made of such malt-house, and no entry can be withdrawn while any corn or grain making into malt shall remain therein. Persons not distillers (§ 7), making duty-free malt, must give security against fraud, and that he will not sell any malt, corn, or grain, except malt duly removed to a distillery under a permit; but it may be removed (§8) for exportation under such regulations as may be made in that behalf. On giving sureties to the satisfaction of the Commissioners, distillers (§ 9), from and after Sept. 15, 1855, may have dutyfree sugar and molasses delivered to them, depositing the same in a proper store-room at the distillery, to be used in the distillery of spirits, security being also given (§ 10) for the due consumption of such sugar and molasses in the distilling of spirits. Every distiller and maltster making duty-free malt (§§ 11 and 12), must make entries of his malthouse and kilns, and provide a kiln for securing the malt when drying; and if the malt-house (§ 13) be more than a mile from a market-town, the distiller must provide lodgings for the officer, at a cost or rent to be paid by the officer of not more than 101. a-year; such lodgings not to form a part of the malt-house, distillery, or residence of the proprietor. Secure rooms (§ 14) are to be provided; namely, a store-room at the malt-house for the deposit of the malt on removal from the kiln, a storeroom at the distillery for the malt on removal from the malt-house, and a mill-room at the distillery for grinding the malt; all such rooms to be properly secured, kept locked by the excise officer, and neither the maltster, distiller, nor any of their servants, to be admitted therein except on due notice given in writing, and for the legal purposes of the trade; the fastenings, except the locks (§ 15), are to be provided by the distiller; and a penalty of 2001. is incurred by refusing to defray the expense, or removing or damaging the locks or fastenings, or otherwise improperly gaining admittance to such rooms. The Commissioners (§ 16) are empowered to revoke their approval of any malthouse, kiln, store-room, &c., or to require additional fastenings, and on refusal of compliance, all malt found on the premises to be liable to the full duty. § 17 to 21 contain further details for the removal, custody, and use of the malt, with penalties for any infraction of the regulations hereby imposed. §§ 28 and 29 require the distiller to render an account to the officer of all the malt, sugar, or molasses used
in every distillery, verified by declaration, a penalty of 2001. being incurred by not making such declaration; and the malt-house must be designated by having the name and purpose placed in large letters over the principal entrance, under a penalty of 20l. for omission. Distillers (§ 30) are prohibited from selling malt, sugar, or molasses, under a penalty of 2001.; and persons buying any such, and removing it from premises designated as above, are liable to a penalty of 100l.; and on a second conviction for any of the above offences, the Commissioners (§ 31) may revoke the licence, and refuse to grant him another, or to licence the same premises to any other person, for the space of one year. Any person found removing malt from a distillery, or any sugar, molasses, wort, or wash (§ 32), may be arrested by any officer of excise, and taken before a justice of the peace, who, on proof on oath of the offence, may convict such person in the penalty of 100l., and if not paid immediately, commit him to prison with hard labour for any period not exceeding six nor less than two calendar months, unless the penalty is sooner paid. No abatement (§ 33) is to be made for deficiencies of spirits which may have been deposited in warehouse less than three days. Rectifiers and compounders of spirits (§ 34) may send out compounded spirits at any degree of strength at which British spirits may be sent out by a distiller. Barley making into malt (§ 35) shall be kept in operation for the full period of 168 hours, from the removal from the cistern into the couch-frame, before being placed on the kiln, any infraction subjecting the offender to a penalty of 2001. To prevent fraud and evasion of the duty (§ 36), no brewer is to have raw or unmalted corn or grain on his brewery or on any adjacent premises, any such being liable to seizure, and incurring a penalty of 2001.; and no brewer of beer for sale (§ 37) to have any mill for crushing or bruising malt constructed otherwise than with metal rollers, not fluted; no malt otherwise crushed or bruised to be received by them, and the possession of any such rendering them liable to a penalty of 2001.
[18 and 19 Victoriæ, cap. 96.-August 14, 1855.]
An Act to consolidate certain Acts, and otherwise amend the Laws of the Customs; and an Act to regulate the Office of the Receipt of Her Majesty's Exchequer at Westminster.
[18 and 19 Victoriæ, cap. 97.-August 14, 1855.]
An Act for the Amendment and Consolidation of the Customs Turiff Acts.
The first Act is, as it professes to be, a consolidation of the Customs laws, and therefore contains little that is new, except in a few matters of detail, and in the enactment that foreign ships employed in the coasting trade are to be subject to the same rules, and liable only to the same rates and port-dues as British ships. Also, if any person has cause to complain of the insertion of any book in the lists of prohibited books under the copyright-protection clause, he may apply to a judge at chambers to issue a summons calling upon the person upon whose notice such book has been inserted in such list, to show cause why it should not be expunged; and after the passing of this Act no book is to be inserted in the said list until the person giving such notice shall
have made and signed a declaration that the contents of such notice is true. Persons aggrieved, however, by the effect of such declaration, are not debarred from their remedy by action at law, nor in case of damage caused by a false declaration. To the second Act a schedule is appended, containing a list of all articles imported, whether paying duty or free, with a scale of duty on those which are liable.
FISHERIES (BRITISH ISLANDS AND FRANCE).
[18 and 19 Victoriæ, cap. 101.-August 14, 1855.]
An Act for the more effectual Execution of the Convention between Her Majesty and the French Government concerning the Fisheries in the Seas between the British Islands and France.
By § 1 the revenue officers and coast-guard men are empowered to go on board any British vessel employed in fishing, and may seize and throw overboard all oysters found on board between May 1 and August 31; and also seize and dispose of, according to the Customs Consolidation Act, 1853,' all dredges found on board or sunk in or floating upon the sea, within the same period; and all oysters which may be landed (§ 2) within the same period, may be seized in like manner. Masters or any person in charge of a vessel found with oysters on board, or dredging or fishing for them (§ 3), to be liable to a penalty of not less than 8s., or more than 31. for each offence, or to be imprisoned for not less than two or more than ten days, with hard labour; and British consuls in any port of France (§ 4) may take depositions as to any such offences; and such depositions (§ 5) are to be received as evidence against offenders. The penalties and proceeds of sales, &c., (§ 6), to be paid into the Exchequer.
INSPECTION OF COAL MINES.
[18 and 19 Victoriæ, cap. 108.-August 14, 1855.]
An Act to amend the Law for the Inspection of Coal Mines in Great Britain.
This Act repeals the 13 and 14 Vict., cap. 100 (§ 1), but continues the inspectors, and § 2 empowers the Secretary of State to appoint or remove inspectors; but no land agent, or manager, or agent of a mine is (§ 3) to act as an inspector. By § 4 the following general rules are to be observed in all coal mines:
“1. An adequate amount of ventilation shall be constantly produced at all collieries to dilute and render harmless noxious gases to such an extent as that the working-places of the pits and levels of such collieries shall, under ordinary circumstances, be in a fit state for working.
"2. Every shaft or pit which is out of use, or used only as an airpit, shall be securely fenced.
"3. Every working and pumping pit or shaft shall be properly fenced when not at work.
"4. Every working and pumping pit or shaft, where the natural strata under ordinary circumstances are not safe, shall be securely
cased or lined.
"5. Every working pit or shaft shall be provided with some proper means of signalling from the bottom of the shaft to the surface, and from the surface to the bottom of the shaft.
6. A proper indicator to show the position of the load in the pit or shaft, and also an adequate break, shall be attached to every machine worked by steam or water power used for lowering or raising persons. "7. Every steam boiler shall be provided with a proper steam gauge, water gauge, and safety valve."
And special rules (§ 5) are likewise to be framed for every colliery, subject to the approval of the Secretary of State; such rules (§ 6), both general and special, are to be painted or printed, and shown in some conspicuous part of the colliery, and a copy given to every person employed therein. The inspectors are to see (§ 7) that these rules are complied with, or to inform against the owners or managers for neglect; and owners or managers of mines (§ 8) are to produce to them maps or plans of the mines, or, if not produced, they may require them to be made. Notice of accidents in mines are to be given (§ 9) to the Secretary of State, or to the Lord Advocate in Scotland, with the cause or probable cause thereof, within twenty-four hours of its occurrence, under a penalty of not less than 10l. nor more than 20l. for every neglect; and notices are also to be given (§ 10) of every coroner's inquest about to be held, not less than two days before holding such inquest. The other clauses contain penalties for the neglect of the provisions of the Act, and the means for recovering them. The Act does not extend to Ireland.
[18 and 19 Victoria, cap. 116.-August 14, 1855.]
An Act for the better Prevention of Diseases.
This Act, of which the short title is (§ 1) the Diseases Prevention Act, 1855,' declares (§ 2) that the local authority for carrying it into execution is to be the local authority under any Act for the time being for carrying into effect the removal of nuisances, and the expenses (§ 3) are to be paid out of the rates or funds administered by such local authority, power of entry (§ 4) being given to any of their officers for the execution of such orders as the General Board shall direct. The Privy Council are empowered (§ 5), whenever any part of England appears to be threatened with or is infected with any formidable epidemic, endemic, or contagious disease, to issue orders that the provisions of this Act are to be carried into effect, such orders to be in force for six calendar months, unless revoked earlier; and power is given to the General Board of Health (§ 6), after the issuing of such orders, to issue such regulations and directions as they may think fit, for the speedy interment of the dead, for house-to-house visitation, for the dispensing of medicines, and for affording medical aid and accommodation, and from time to time alter or renew them; all such regulations (§ 7) to be published in the London Gazette. The local authority (§ 8) is to appoint and pay such medical or other officers as may be necessary for carrying the regulations into effect, and may (§ 9) direct prosecutions for violating the same. The orders of council, the directions and regulations (§ 10) are to be laid before Parliament; and the orders in council (§ 11) may extend to parts and arms of the sea; and the Board of Health may also issue directions for applying the regulations and directions to ships and vessels. The medical officer of unions, and others employed (§ 12), are to be paid, such charges to be payable by the captain of the vessel on behalf of