arrived at a decision thereon or the appointment of the committee shall have been rescinded, apply to such sum as if the same had been directed by the council to be appropriated to such purposes. Sect. 2. 53 & 54 Vict. 3. The expression "technical education" in section one of the ConstrucLocal Taxation (Customs and Excise) Act, 1890 (c), shall be deemed tion of to include both technical and manual instruction within the meaning c. 60, s. 1. of the Technical Instruction Act, 1889 and 1891. and construction. 4. This Act may be cited as the Technical Instruction Act, 1891, Short title and shall be construed as one with the Technical Instruction Act, 1889, and this Act and the Technical Instruction Act, 1889, may be cited together as the Technical Instruction Acts, 1889 and 1891. ELECTORAL DISABILITIES REMOVAL ACT, 1891. An Act to remove certain Disabilities of Persons by reason of absence [11th May, 1891.] 1. This Act may be cited as the Electoral Disabilities Removal Short title. Act, 1891. Temporary absence of person in 2. A person shall not be disqualified from being registered- (b) in the local government register of electors (f) for a county by reason only that during part of the qualifying period not exceeding (e) This Act creates an important exception to the general rule that, for purposes of the old burgess qualification and of the new ten pounds occupation qualification, both of which are extended to county electors, residence during the whole of the qualifying period is necessary. Cases illustrative of this principle will be found in the notes to the Municipal Corporations Act, 1882, s. 9, ante, p. 244. (f) This expression means, as respects an administrative county, the county register, and as respects a county or other municipal borough, the burgess roll. See the Interpretation Act, 1889, s. 17. of duty not to disqualify as elector. c. 91. RAILWAY AND CANAL TRAFFIC (PROVISIONAL ORDERS) (54 VICT. CAP. 12) (g). An Act to remove doubts as to the Powers of Public Bodies in reference to Provisional Order Bills under the Railway and Canal Traffic Act, 1888. [11th May, 1891.] WHEREAS by an Act of the thirty-fifth and thirty-sixth years of the 35 & 36 Vict. reign of Her present Majesty, chapter ninety-one, intituled "An Act to authorise the application of funds of municipal corporations and other governing bodies in certain cases," herein-after referred to as the Borough Funds Act, authority is given to the council of any municipal borough, the board of health, local board, commissioners, trustees, or other body acting under any general or local Act of Parliament for the management, improvement, cleansing, paving, lighting, and otherwise governing places or districts, to apply the borough fund or rate, or other the public funds or rates under the control of any such governing body, to the payment of the costs, charges, and expenses of promoting or opposing any local and personal Bill or Bills in Parliament: 51 & 52 Vict. c. 41. 52 & 53 Vict. c. 50. 51 & 52 Vict. c. 53. 51 & 52 Vict. c. 25. And whereas by the Local Government Act, 1888, and the Local Government (Scotland) Act, 1889, the county council of an administrative county has the same powers of opposing Bills in Parliament as are conferred on the council of a municipal borough by the aboverecited Act of the thirty-fifth and thirty-sixth years of Victoria, chapter ninety-one: And whereas by the Borough Funds (Ireland) Act, 1888, similar powers were conferred upon governing bodies in Ireland: And whereas by the Railway and Canal Traffic Act, 1888, it was, among other things, provided that if while any Bill to confirm a Provisional Order by the Board of Trade under section twenty-four of that Act be pending in either House of Parliament a petition be presented against the Bill, or any classification and schedule comprised therein, the Bill, so far as it relates to the matter petitioned against, should be referred to a select committee, or, if the two Houses of Parliament think fit so to order, to a joint committee of such Houses, and the petitioner should be allowed to appear and (g) The object of this Act is fully stated in the preamble. Under the Local Government Act, 1888, s. 15, power was given to a county council to oppose bills in Parliament to the same extent as a borough council might do so under the Borough Funds Act. But the power to oppose under the last-mentioned Act was confined to local and personal bills, while a provisional order under 51 & 52 Vict. c. 25, s. 24, is a public general Act. The 51 & 52 Vict. c. 25, s. 24, enables the Board of Trade to submit to Parliament a provisional order confirming a revised classification of merchandise traffic, and a revised schedule of maximum rates and charges applicable thereto. The Act under consideration enables a county council to petition and appear against the bill confirming such order, as if it were a local and personal bill. oppose as in the case of a private Bill; and further, it was by the Preamble. said Act provided that the Act of Parliament confirming any Provisional Order made under that section should be a public general Act: And whereas doubts have been entertained whether in view of the said enactment governing bodies as defined by the Borough Funds Act and the Borough Funds (Ireland) Act, 1888, respectively and county councils have power to apply the funds or rates under their control in opposing or subscribing towards the opposition of any Bill to confirm any Provisional Order made under section twenty-four of the Railway and Canal Traffic Act, 1888, and it is expedient that such doubts should be removed : * reference to Provisional 1. Every governing body within the meaning of the Borough Powers of Funds Act or the Borough Funds (Ireland) Act, 1888, and every bodies and governing county council shall be entitled to be a petitioner and to appear and county oppose any Bill to confirm any Provisional Order made under councils with section twenty-four of the Railway and Canal Traffic Act, 1888, and Bills for to provide or contribute towards providing the expenses of the confirming appearance or opposition of a petitioner out of the funds or rates Orders made under their respective control, as if the Bill for confirming such under Provisional Order were a local or personal Bill within the meaning c. 25, S. 24. of section two of the Borough Funds Act, or of section three of the Borough Funds (Ireland) Act, 1888; and the provisions of the said last-mentioned Acts respectively shall apply to any such appearance or opposition, and to any expenses incurred or to be incurred in relation thereto: Provided that in the case of a county council no consent of owners and ratepayers shall be required. 51 & 52 Vict. C. 2. This Act may be cited as the Railway and Canal Traffic Short title. (Provisional Orders) Amendment Act, 1891. REGISTRATION OF ELECTORS ACT, 1891. (54 VICT. CAP. 18.) An Act for the removal of Doubts arising under the Registration of [11th June, 1891.] c. 26. Electors Acts. WHEREAS under section thirty of the Parliamentary and Municipal Registration Act, 1878, one half of the expenses and receipts under 41 & 42 Vict. the Registration of Electors Acts in respect of an area common to a parliamentary borough and a municipal borough are defrayed and applied in accordance with the Parliamentary Registration Acts, and one half are paid out of and to the borough fund: And whereas by section four of the County Electors Act, 1888, 51 & 52 Vict. the said Act, together with other Registration of Electors Acts, is c. 10. applied to a parish not situate in a municipal borough, with the substitution of "parish" for "municipal borough": Preamble. Short title and construction. Application of &42 Vict. c. 26, s. 30, to expenses And whereas doubts have arisen whether, having regard to the provisions of section eight of the said Act, the provisions of section thirty of the Parliamentary and Municipal Registration Act, 1878, were applied by virtue of the above-recited enactment, and it is expedient to remove such doubts : 1. This Act may be cited as the Registration of Electors Act, 1891, and shall be construed as one with the Registration of Electors Acts, 1843 to 1888, which Acts, together with this Act, may be cited as the Registration of Electors Acts, 1843 to 1891. 2. Where a parish is situate in a parliamentary but not in a municipal borough, one half of the expenses and receipts under the Registration Acts, 1843 to 1888, in respect of such parish shall, as from the passing of the County Electors Act, 1888, be defrayed out of and paid to the county fund, and the other half of such expenses shall be defrayed out of and paid to the rate raised in such parish for the relief of the poor (h). The revising barrister shall as part of the business of the revision, if necessary, determine what expenses and receipts are incurred or arise or have been incurred or have arisen under the said Acts in respect of such parish. FISHERIES ACT, 1891. (54 & 55 VICT. CAP. 37) (i). An Act to carry into effect an International Declaration respecting the [21st July, 1891.] Extension of powers of local fisheries PART I. (k). PART II. SEA FISHERIES REGULATION ACT, 1888. 7. The powers of a local fisheries committee to make bye-laws in pursuance of section two of the Sea Fisheries Regulation Act, 1888 (1), (h) See s. 8 of the County Electors Act, 1888, ante, p. 396. Part II. of this Act is to be read as one with the Sea Fisheries Regulation Act, 1888 (51 & 52 Vict. c. 54), ante, p. 401, and with the Sea Fisheries Regulation Act, 1894 (57 & 58 Vict. c. 26), post. (k) Part 1. relates only to the Belgian Declaration respecting the North Sea Fisheries. (1) See this section, ante, p. 402. The local fisheries committee is a committee of a county or borough council, or a joint committee of two or more councils in a sea fisheries district created under the Act of 1888. Sect. 7. shall extend to making bye-laws, to be observed within their district, for restricting or prohibiting, either entirely or subject to any committee exceptions and regulations, the fishing for or taking of all or any for making specified kinds of sea fish during any period specified in any such bye-laws. bye-law. 51 & 52 Vict. c. 54. as to offences. 8. Where any offence under the Sea Fisheries Regulation Act, Jurisdiction 1888, or under any bye-law made in pursuance thereof, is committed on the sea coast or at sea beyond the ordinary jurisdiction of a court of summary jurisdiction and not on or from a ship or boat, it shall be deemed to have been committed within the body of any county abutting on that sea coast, or adjoining that sea, and may be tried and punished accordingly. fisheries com 9. A local fisheries committee appointed in pursuance of the Sea Powers of local Fisheries Regulation Act, 1888, may, within their district, enforce mittee for the provisions of the Fisheries (Oyster, Crab, and Lobster) Act, 1877, Sea Fisheries and of any other Act relating to sea fisheries. exforcement of Acts. county council, contribute to 10. Any county or borough council may, if they think fit, pay or Power for contribute to any expenses incurred by a board of salmon conser- etc., to pay or vators in exercise of their powers under the Sea Fisheries Regulation expenses under Act, 1888 (m). 51 & 52 Vict.c. 54. and short 11. This Part of this Act shall be construed as one with the Sea Construction Fisheries Regulation Act, 1888, and that Act and this Part of this title of Part Act may be cited collectively as the Sea Fisheries Regulation Acts, of Act. 1888 and 1891. PART III. (n). * PART IV. as to power 13. The powers conferred by the Sea Fisheries Act, 1883, or this Explanation Act, or any other Act relating to sea fisheries, or by any Act relating of taking to salmon and freshwater fisheries, upon any authorities or officers legal proto enforce any such Act shall not be construed as limiting or taking ceedings for away the power of any other person to take legal proceedings Fisheries for the enforcement of any such Act or of any bye-law made Acts. thereunder. 14. This Act may be cited as the Fisheries Act, 1891. (m) See s. 12 of the Act of 1888, ante, p. 406. (n) Part III. enables the Board of Trade to constitute a fishery district for the River Stour (Suffolk and Essex). enforcing Short title. |