Secretary of give orders for custody of persons during Her Majesty's pleasure. Certain provi Acts repealed. may be carried out in terms of the provisions of the said Prisons Administration Act for the removal of prisoners; and if arrangements shall have been completed for the reception of such prisoner within a lunatic asylum in any part of Scotland in which he can be lawfully received and detained, he may be removed to such asylum as if the same were such local prison, in terms of such provisions for the removal of prisoners. 24. THE provisions of the first-recited Act and of this Act, authorizing Her Majesty to give orders for the safe custody of any person during her pleasure, may be carried into effect by a writing under the hand of one of her Principal Secretaries of State; and such writing shall be binding on all persons concerned. 25. SECTIONS twenty-two and twenty-three of the first-recited Act, and sions of recited such other of the provisions of the recited Acts as are inconsistent with this General Board Act, are hereby repealed; and the General Board of Commissioners as established by the said first-recited Act and this Act shall be continued until Parliament shall otherwise determine. continued. 2 & 3 Will. 4. c. 125., and Act of Legisla 3 & 4 Vict. of Jamaica. CHAPTER 55. AN ACT for the Settlement of a Loan due from the Island of Jamaica to the [29th July 1862.] WHEREAS by an Imperial Statute passed in the session holden in the second and third years of the reign of King William the Fourth, chapter one hundred and twenty-five, and an Act passed by the Legislature of the ture of Jamaica. Island of Jamaica in the fourth year of His said Majesty, the sum of two hundred thousand pounds was advanced out of the Imperial Exchequer for the benefit of the said Island; and the repayment of the said principal sum on or before the fifth day of February one thousand eight hundred and forty-four, together with interest at the rate of four pounds per centum, was secured by a charge on the revenues of the said Island: And whereas by an Act of the Imperial Parliament, passed in the session holden in the third and fourth of Legislature years of the reign of Her present Majesty, chapter forty, and an Act of the Legislature of the said Island, passed in the seventh year of the reign of Her present Majesty, the time for the repayment of the said principal sum was extended to the fifth day of February one thousand eight hundred and fiftyfour, on condition that such sum should be paid by ten equal instalments of twenty thousand pounds each, commencing on the fifth day of February one thousand eight hundred and forty-five, with interest after the rate aforesaid, to be computed from the fifth day of February one thousand eight hundred and forty-four: And whereas up to the fifth day of February one thousand eight hundred and sixty-two there is due on account of the said loan, in respect of principal and interest, a sum amounting in the whole to two hundred and forty-nine thousand five hundred and eighty-two pounds and twopence; And whereas it has been agreed on the part of the Imperial Government, in consideration of the financial difficulties of the said Island, and with a view of promoting its good and quiet government, that the debt so due from the said Island shall be commuted for a perpetual annuity of six thousand four hundred pounds, payable annually out of the revenues of the said Island, and to be applied in manner herein-after mentioned: Be 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: of debt for a fixed annuity. 1. Ir within the period of one year from the date of the passing of this Act Commutation the Legislature of the said Island of Jamaica pass au Act making the sum of six thousand four hundred pounds payable annually out of such revenues of the said Island to such persons and in such manner as is herein-after mentioned, and if such payment is duly made at the times herein-after mentioned, or within forty days afterwards, the said debt of two hundred and forty-nine thousand five hundred and eighty-two pounds and twopence shall be deemed to be extinguished, otherwise the same shall remain in full force, and shall become payable from and after such time as the Governor may, by message to the Legislature of the Island, determine. 2. THE said sum of six thousand four hundred pounds shall be charged by Charge of way of perpetual annuity on the duties and sources of revenue mentioned in annuity. the schedule annexed hereto. The charge so created shall be postponed to the sum of thirty thousand pounds appropriated to the payment of the principal and interest of the public debt, and to the sum of twenty-five thousand pounds appropriated to defraying certain expenses of the government of the Island, in pursuance of an Act of the Legislature of the said Island passed in the seventeenth year of the reign of Her present Majesty, chapter twenty-nine, but shall have priority over all other charges. The said annuity of six thousand four hundred pounds shall be deemed to become due on the thirtieth day of June and the thirty-first day of December in every year, but shall be paid to such persons and at such time or times as the Governor of the said Island for the time being may by warrant under his hand from time to time direct. The said annuity of six thousand four hundred pounds shall be applied in Application of payment of such expenses of the government of the said Island and objects annuity. connected therewith, and of the local improvements therein, as the Governor of the said Island may from time to time direct, in pursuance of such instructions as may from time to time be issued by one of Her Majesty's Principal Secretaries of State. 3. SAVE as herein-before provided, and save in the event of the conditions Saving clause. of this Act being complied with, nothing herein contained shall affect or prejudice the right of the Imperial Government to recover the debt so due as aforesaid from the Island of Jamaica, or any Act of the Imperial Government or of the Legislature of the Island relating thereto. SCHEDULE. ALL duties or sums of money authorized to be collected under any of the following Acts; that is to say, Under an Act of the Legislature of the Island of Jamaica, passed in the seventeenth year of the reign of Her present Maiesty, chapter twenty-nine, and intituled "An "Act for the better government of this Island, and for raising a revenue in support thereof": Under the thirty-eighth section of an Act of the Legislature of the said Island, passed in the twenty-first year of the reign of Her present Majesty, chapter thirty-four, and intituled "An Act to provide funds for the improvement and "repair of the main roads and bridges to be transferred to the management of "Main Road Commissioners, to appropriate the land and quit-rent taxes, and "declare the same redeemable for that purpose." All duties larger or equal in amount to the duties under the first-mentioned Act which may be collected or raised under any other Act of the said Legislature. Interpretation of terms. Heritors may resolve that expense of parochial buildings may be raised by annual assessments. Power to CHAPTER 58. AN ACT to make further Provision with respect to the raising of Money for erecting and improving Parochial Buildings in Scotland. [29th July 1862.]' WHEREAS it is expedient that provision should be made for raising the money required for the erection and improvement of parochial buildings in Scotland by annual assessments extending over a limited period: Be 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. THE expression "parochial building" in this Act shall mean and include church, manse, churchyard walls, . respectively; and the word "sheriff" shall include sheriff substitute. 2. THE heritors of any parish in Scotland in which any new or additional parochial building is to be erected, or any existing parochial building is to be improved or enlarged, may at any meeting of such heritors resolve that the money required to defray the expense of the erection, improvement, or enlargement of such parochial building shall be raised by annual assessments extending over any period not exceeding ten years; and on the adoption of such resolution such annual assessments for the period specified therein shall be imposed, levied, and recovered on and from the heritors of such parish in the same manner, and with the same liabilities and rights of relief, as assessments for the erection, improvement, or enlargement of such parochial building are or may be levied under the authority of any existing Act relating thereto, or otherwise according to the law of Scotland. 3. On the adoption of such resolution it shall be lawful for the heritors of borrow money. such parish, if they think fit, to borrow the money required to defray the expense of the erection, improvement, or enlargement of such parochial building, and in security of the repayment of the money so borrowed, and the interest thereof, to charge and assign the said annual assessments by a bond and assignation, signed by any two heritors authorized to sign the same at the meeting at which it shall be resolved to borrow such money; and in case of nonpayment of the money so borrowed, or any instalment thereof, and the interest thereon, when the same become due, the creditor in or person having right to such bond and assignation shall have the same rights and remedies for the recovery of the sums, principal and interest, due or to become due under such bond and assignation as are competent to the heritors of such parish by any existing Act, or otherwise by the law of Scotland, for levying and recovering assessments for the erection, improvement, or enlargement of such parochial building. 4. WHERE there is only one heritor in any parish in which any new or Procedure in additional parochial building is to be erected, or any existing parochial cases where building is to be improved or enlarged, such heritor may apply by summary one heritor in petition to the sheriff of the county in which such parish is situate for a parish. authority to raise the money required to defray the expense of the erection, improvement, or enlargement of such parochial building by annual assessments extending over any period not exceeding ten years, and to borrow the money required for that purpose, and to charge and assign such annual assessments in security of the payment thereof and of the interest thereon; and on considering such petition the sheriff shall order intimation thereof to be given by advertisement inserted once in each of two successive weeks in a newspaper published or generally circulated in such county; and after such intimation it shall be lawful for the sheriff to grant warrant and authority to such heritor to raise the money so required by annual assessments as aforesaid, and to charge and assign the same in security of the repayment of the money to be borrowed, and the interest thereof, by a bond and assignation signed by such heritor; and the creditor in or person having right to such bond and assignation shall have the same rights and remedies for the recovery of the sums, principal and interest, due and to become due under such bond and assignation, as are herein-before provided with respect to bonds and assignations signed by any two heritors. repaid by 5. THE money borrowed to defray the expense of erecting, improving, or Money enlarging any parochial building shall be repaid by annual instalments of not borrowed to be less in any one year than one tenth part of the principal sum borrowed, annual exclusive of the payment of interest thereon. CHAPTER 59. AN ACT to render Owners of Dogs in Ireland liable for Injuries to Sheep. [29th July 1862.] WHEREAS it is expedient to amend the law as to the liability of the owners of dogs for injuries done to sheep by such dogs: 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: instalments. Owner of dog to be liable in damages for any injury done to sheep by his dog. Recovery of damages. 1. THE owner of every dog shall be liable in damages for injury done to any sheep by his dog; and it shall not be necessary for the party seeking such damages to show a previous mischievous propensity in such animal, or the owner's knowledge of such previous mischievous propensity, or that the injury was attributable to neglect on the part of such owner: Such damages shall be recoverable by the owner of the sheep killed or injured in any court of competent jurisdiction; where the amount of the damages claimed shall not exceed five pounds, the same shall be recoverable in a summary way before any justice or justices sitting in petty sessions under the provisions of "The Petty 14 & 15 Vict. Sessions, Ireland, Act, 1851," or of any Act amending the same. 2. THE occupier of any house or premises where any dog was kept, or permitted to live or remain, at the time of such injury, shall be deemed to c. 93. deemed the be Who shall be owner of the dog. the owner of such dog, and shall be liable as such, unless the said occupier can prove that he was not the owner of such dog at the time the injury complained of was committed, and that such dog was kept, or permitted to live or remain, in the said house or premises without his sanction or knowledge: Provided always, that where there are more occupiers than one in any house or premises let in separate apartments, or lodgings, or otherwise, the occupier of that particular part of the premises in which part such dog shall have been kept, or permitted to live or remain, at the time of such injury, shall be deemed to be the owner of such dog. 3. THIS Act shall extend to Ireland only. CHAPTER 61. AN ACT for the better Management of Highways in England. [29th July 1862.] WHEREAS it is expedient to amend the law relating to highways in England: Be 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: Preliminary. 1. THIS Act shall not extend to Scotland or Ireland. 2. THE word "county" in this Act shall not include a "county of a city" or "a county of a town"; but where a county, as herein-before defined, is divided into ridings or other divisions having a separate court of quarter sessions of the peace, it shall mean each such division or riding, and not the entire county; and for the purposes of this Act all liberties and franchises, except the liberty of Saint Albans which shall be considered a county, and except boroughs as herein-after defined, shall be considered as forming part of that county by which they are surrounded, or, if partly surrounded by two or more counties, then as forming part of that county with which they have the longest common boundary; the word "borough" shall mean a borough as defined by the Act of the session holden in the fifth and sixth years of King William the Fourth, chapter seventy-six, "for the regulation of municipal corporations in England and Wales," or any place to which the provisions of the said Act have been or shall hereafter have been extended. 3. THE word "parish" shall include any place maintaining its own highways; the expressions "highway district" and "highway board" shall refer only to highway districts formed and highway boards constituted in pursuance of this Act. 4. THE Act passed in the session holden in the fifth and sixth years of the reign of His late Majesty King William the Fourth, chapter fifty, and intituled "An Act to consolidate and amend the laws relating to highways in that part "of Great Britain called England," is herein-after distinguished as "the principal Act"; and this Act and the principal Act, and the other Acts amending the principal Act, are herein-after included under the expression "the Highway Acts." |