An Act to grant certain Duties of Customs and Inland Revenue, to repeal and alter other Duties, and to amend the Laws relating to Customs and Inland Revenue. [9th June, 1890.] 1. This Act may be cited as the Customs and Inland Revenue Short title. Act, 1890. 7. The following duties of Excise and of Customs, that is to Payment of say, (a) the additional duties on spirits imposed by this Act; and local taxation (Customs and Excise) duties Sect. 7. to local taxation accounts of England, Scotland and Ireland. 43 & 44 Vict. c. 20. c. 12. c. 7. (b) such portion of the duties of Excise and of Customs imposed by section eleven of the Inland Revenue Act, 1880, and section three of the Customs and Inland Revenue Act, 1881, as amended by section three of the Customs and Inland Revenue Act, 1889, in respect of beer, as equals threepence for every thirty-six gallons. 44 & 45 Vict. shall be called the local taxation (Customs and Excise) duties, and the proceeds of those duties shall be divided between England, Scotland, and Ireland in the same proportions, and be paid to the same local taxation accounts, and in the like manner and subject to the like regulations of the Treasury, and shall be ascertained as to proportion and otherwise in like manner as the one-half of the proceeds of the probate duties applicable to local purposes is now by law divided, paid, and ascertained, and the proceeds so paid shall be appropriated as Parliament may hereafter direct by any Act passed in the present session (j). Short title and con struction. c. 35. OPEN SPACES ACT, 1890. An Act to amend the Open Spaces Act. * * [25th July, 1890.] 1. This Act may be cited as the Open Spaces Act, 1890, and may 40 & 41 Vict. be read with the Metropolitan Open Spaces Acts, 1877 and 1881, and the Open Spaces Act, 1887 (hereinafter called the principal Acts) as one Act, and this Act and the principal Acts may be cited 50 & 51 Vict. as the Open Spaces Acts, 1877 to 1890 (k). 44 & 45 Vict. c. 34. c. 32. Definitions. Transfer to 2. In this Act The expression "local authority "local authority" shall mean and include any of the public bodies who are empowered by the principal Acts to hold open spaces for the purposes of the Open Spaces Acts, 1877 to 1890 (1): "The court" shall mean the Chancery Division of the High Court of Justice in England and Ireland, and the county court of the district in which the whole or part of any open space may be situated as herein provided. 3. The trustees of land held upon trust for the purposes of public local autho- recreation may, in pursuance of a resolution duly passed as provided rity of spaces (j) As to the appropriation of these proceeds, see the 53 & 54 Vict. c. 60, post. Section 7 is the only section of this Act bearing on the subject of this work. (k) The earlier Acts will be found set out in Lumley's Public Health. (1) The expression will include the council of a county borough as the urban authority for the borough, but it does not include a county council, except the London County Council, who are the successors of the Metropolitan Board of Works. See 40 & 41 Vict. c. 35, s. 1 ; 50 & 51 Vict. c. 32, s. 5. Sect. 3. by section two of the Metropolitan Open Spaces Act, 1881 (m), transfer by free gift, absolutely or for a limited term, to the local authority held by of the district in which the whole or the greater part in area of the trustees for land is situate, the land so held by them, if such authority is willing purposes of public to accept such transfer, to be held by the transferees on the trusts recreation. and subject to the conditions on which the transferors held the same, or upon such other trusts and subject to such other conditions (so that the land be appropriated to the purposes of public recreation) as may be agreed upon between the transferors and transferees with the approval of the Charity Commissioners for England and Wales, or, as respects Ireland, of the Commissioners of Charitable Donations and Bequests for Ireland. Subject to the obligation of the land so transferred being used for the purposes of public recreation as aforesaid, the local authority may hold the same as and for the purposes of an open space under the Open Spaces Acts, 1877 to 1890. This section shall not apply to any trustees elected or appointed under any local or special Act of Parliament. respect to 4. When any open space (n) shall be situate wholly or in part Similar within the district of a local authority, and shall be vested in power with trustees, other than such trustees as are mentioned in the principal trustees of Acts (o), or in the last preceding section of this Act, for any other open charitable purpose, and as part of their trust estate, and it shall spaces. appear to the majority of such trustees that such open space is no longer required for the purposes of their trust, or that the same may with advantage to the trust be dealt with under the provisions of this section, it shall be lawful for such trustees, in pursuance of a resolution passed by them in the manner prescribed in the last preceding section of this Act (p), and where the open space is subject to the provisions of the Charitable Trusts Acts, 1883 to 1887 (g), with such authority or approval as is required by those Acts for a sale of the open space (r), and in other cases in pursuance of an order of the court to be obtained as hereinafter provided (s), to (m) The resolution must be passed at a meeting of the trustees summoned by at least one month's notice in writing, left at or sent by post to their last known or usual place of abode, and it must be passed by a majority of not less than two-thirds of those present, and confirmed by a similar majority at a meeting summoned in like manner, and held at an interval of not less than a month after the first meeting. (n) Open space means any land (whether inclosed or uninclosed) which is not built on, and which is laid out as a garden, or is used for purposes of recreation, or lies waste and unoccupied. 44 & 45 Vict. c. 34, s. 1. (0) See 44 & 45 Vict. c. 34, s. 2. These trustees may act under a private or local Act. (p) See note (m), supra. (4) This should be 1853 to 1887. These Acts are-16 & 17 Vict. c. 137; 18 & 19 Vict. c. 124; 23 & 24 Vict. c. 136; 25 & 26 Vict. c. 112; 32 & 33 Vict. c. 110; 50 & 51 Vict. c. 49. To these must now be added 54 Vict. c. 17; 57 & 58 Vict. c. 35. (r) The authority or approval seems to be that of the Charity Commis sioners under 16 & 17 Vict. c. 137, s. 24. (s) See s. 5 of this Act. Sect. 4. Procedure order of court.. convey or demise such open space to such local authority upon such terms as shall be mutually agreed between them, and the local authority shall thenceforth be entitled to hold the same as an open space upon the terms and under the conditions specified in any such conveyance or demise, or upon such terms and under such conditions as may be so authorised or approved, or as the court shall from time to time order, as the case may be (t). 5. An order of the court may be made upon application by the for obtaining trustees, and the court, before making any order, may direct such inquiries to be made, such consents to be obtained, and notice to be given to such persons as to the court shall seem expedient, and may make such order thereon as in its discretion appears proper. Rules for carrying out the preceding provisions of this Act may from time to time be made by the same authority as the General Rules or Orders of the High Court of Justice in England and Ireland, and of the county courts in England, Ireland, and Wales respectively are made (u). Open Spaces outside dis trict of local authority. Buildings on open spaces. 6. The Open Spaces Acts, 1877 to 1890, shall be applicable to the whole of any open space which is wholly or partly situated without the district of a local authority in the same manner to all intents and purposes as if the whole of such open space had been situated within such district. 7. Where a portion of an area of land not exceeding a twentieth part is covered with a building or buildings, such land may notwithstanding be deemed to be an open space within the meaning of the Open Spaces Acts, 1877 to 1890. POLICE ACT, 1890. (53 & 54 VICT. CAP. 45) (x). An Act to make provision respecting the Pensions, Allowances, and Right of 1. Subject to the provisions of this Act, every constable in a constables to police forcepensions. (a) if he has completed not less than twenty-five years approved service (y), and, where a limit of age is prescribed by the (t) The court is defined by s. 2. (u) No rules have yet been made under this section. (x) This Act repeals all previous statutes relating to police superannuation. The authority charged with the execution of it in a county is the standing joint committee, who are the police authority as defined by the Third Schedule. (y) Approved service as defined by s. 4, post. pension scale in force under this Act, is of an age not less than the age so prescribed, shall, on the expiration of such time not exceeding four months after he has given written notice to the police authority of his desire to retire as the police authority may fix, be entitled without a medical certificate to retire and receive a pension for life; and (b) if after he has completed fifteen years approved service he is incapacited for the performance of his duty by infirmity of mind or body, shall be entitled on a medical certificate to retire and receive a pension for life; and, (c) if before he has completed fifteen years approved service he is incapacited for the performance of his duty by infirmity of mind or body, shall be entitled on a medical certificate to retire, and thereupon the police authority may, if they think fit, grant him a gratuity; and, (d) if at any time he is incapacitated for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default, shall be entitled on a medical certificate to retire and receive a pension for life. Sect. 1. allowances 2.-(1.) If a constable dies whilst in a police force from the Pension effect of an injury received in the execution of his duty without his and gratuiown default, the police authority shall grant a pension to his widow, ties to widow and allowances to his children. (2.) If a constable dies whilst in a police force from any other cause, the police authority may, if they think fit, grant gratuities to his widow and children or any of them. (3.) If a constable, to whom a pension has been granted because he was incapacited for the performance of his duty by an injury received in the execution of his duty without his own default, dies from the effects of the injury within twelve months after the grant of the pension, the police authority may, if they think fit, grant a pension to his widow, either for a term of years or otherwise. (4.) If a constable to whom a pension has been granted dies within twelve months after the grant of the pension, the police authority may, if they think fit, grant gratuities to his widow and children or any of them. and children. 3. (1.) The pensions, allowances, and gratuities granted to Pension constables of a police force and to their widows and children shall scale. be in accordance with the pension scale for the force. (2.) The pension scale for a police force shall be (a) as regards ordinary pensions, a fixed scale adopted by the (b) as regards special pensions and allowances and gratuities, |