Pensions. in such Order, shall, in computing the Amount of Superannuation Allowance which may be granted to him, be added to the Number of Years during which he may have actually served, and such Order shall have the same Effect, and shall be acted upon for the Purpose of ascertaining and awarding the Amount of such Superannuation Allowance as aforesaid, in the same Manner in all respects as if a like Declaration had been made by any Order or Warrant of the said Commissioners of the Treasury under the Provisions contained in Section Four of the Superannuation Act, 1859." 5. From and after the Time when any such Superannuation Allowance shall have been so ascertained and awarded as aforesaid, all the Provisions of the said Act of the Fourth and Fifth Years of King William the Fourth, as amended by the said "Superannuation Act, 1859," respectively, with respect to any Superannuation Allowances which may have been granted under the said Acts, and to the Persons entitled to receive such Superannuation Allowances, shall be applicable to the Superannuation Allowances so ascertained and awarded as aforesaid, and to the Persons entitled to receive the same, subject nevertheless to the special Provisions of this Act. 6. Nothing in this Act contained shall restrict, abridge, or qualify the Right of any Officer who shall have entered the Public Service before the passing of this Act to any Superannuation Allowance which, under the Provisions of any Act or Acts now in force, such Officer might have been entitled to if this Act had not passed; nor shall any such Officer as last aforesaid be subject, after any Superannuation Allowance shall have been awarded to him, except by his own Consent in Writing for that Purpose given, to any of the Provisions contained in the said Act of the Fourth and Fifth Years of King William the Fourth, as amended by the said "Superannuation Act, 1859," to which he would not have been subject if this Act had not passed. 7. Nothing in this Act contained shall affect the Power conferred upon the Lord Chancellor by the Forty-seventh Section of the Act passed in the Session of Parliament held in the Fifteenth and Sixteenth Years of the Reign of Her Majesty, intituled An Act for the Relief of the Suitors of the High Court of Chancery, so far as it empowers the Lord Chancellor to remove any Officer or Person who shall be afflicted with any Infirmity which shall disable him from the due Execution of his Office, and who shall refuse to resign or shall become incapable of resigning the same. 8. Nothing in this Act contained shall affect the Power conferred on the Lord Chancellor by the Thirteenth Section of the Act passed in the Session of Parliament holden in the Sixteenth and Seventeenth Years of the Reign of Her Majesty, intituled An Act for the Regulation of Proceedings under Commissions of Lunacy, and the Consolidation and Amendment of the Acts respecting Lunatics so found by Inquisition, and their Estates, so far as it empowers the Lord Chancellor to remove any Master in Lunacy who shall be afflicted with any permanent Infirmity dis Pensions. Carriage and Deposit of dangerous Goods. abling him from the due Execution of his Office, and who shall Save as aforesaid, Act to apply to preOfficers. sent and future 10. This Act may for all Purposes be cited as "The Super- Short Title. annuation Act, 1866." CA P. LXIX. An Act for the Amendment of the Law with respect to the [6th August 1866.] cerine to be Nitro-Gly deemed dan gerous. may be 2. Her Majesty may from Time to Time, by Order in Council, Other Goods declare that any Goods named in any such Order (other than Nitro-Glycerine or Glonoine Oil) are to be deemed specially declared so by dangerous within the Meaning of this Act; and may from Time Order in Counto Time amend or repeal any such Order; and any Goods which are by any such Order declared to be specially dangerous shall, so long as such Order is in force, be deemed to be specially dangerous within the Meaning of this Act. 3. No Person shall deliver any Goods which are specially dangerous to any Warehouse Owner or Carrier, or send or carry or cause to be sent or carried any such Goods upon any Railway or in any Ship to or from any Part of the United Kingdom, or in any other public Conveyance, or deposit any such Goods in or on any Warehouse or Quay, unless the true Name or Description of such Goods, with the Addition of the Words specially dangerous, is distinctly written, printed, or marked on the Outside of the Package, nor in the Case of Delivery to or Deposit with any Warehouse Owner or Carrier, without also giving Notice in Writing to him of the Name or Description of such Goods, and of their being specially dangerous. And any Person who commits a Breach of this Enactment shall be liable to a Penalty not exceeding Five hundred Pounds, or at the Discretion of the Court to Imprisonment, with or without Hard Labour, for any Term not exceeding Two Years. 4. Provided always, as follows: N 2 cil. Such Goods to be marked, Provision for Knowledge of Penalty Goods. As to For Carriage and Deposit of dangerous Goods. Penalty of more than Two hundred Pounds, if he shows to the Satisfaction of the Court and Jury before whom he is convicted that he did not know the Nature of the Goods to which the Indictment relates: (2.) Any Person accused of having committed a Breach of the said Enactment shall not be liable to be convicted thereof if he shows to the Satisfaction of the Court and Jury before whom he is tried that he did not know the Nature of the Goods to which the Indictment relates, and that he could not, with reasonable Diligence, have obtained such Knowledge. 5. Where Goods are delivered, sent, carried, or deposited in feiture of such contravention of the said Enactment the same shall be forfeited, Goods. Carriers, &c. not bound to receive Goods. Interpretation of "Owner" and "Carrier.” Application of 25 & 26 Vict. c. 66. to NitroGlycerine. Application of the same Act to other Substances. Short Title. and shall be disposed of in such Manner as the Commissioners of Her Majesty's Treasury or (in case of Importation) the Commissioners of Customs direct, whether any Person is liable to be convicted of a Breach of the said Enactment or not. 6. No Warehouse Owner or Carrier shall be bound to receive or carry any Goods which are specially dangerous. 7. In construing this Act the Term Warehouse Owner shall include all Persons or Bodies of Persons owning or managing any Warehouse, Store, Quay, or other Premises in which Goods are deposited; and the Word Carrier shall include all Persons or Bodies of Persons carrying Goods or Passengers for Hire by Land or Water. 8. The Act of the Session of the Twenty-fifth and Twentysixth Years of Her Majesty's Reign, Chapter Sixty-six, "for the safe keeping of Petroleum," is hereby extended and applied to Nitro-Glycerine, and that Act shall be read and have effect as if throughout its Provisions Nitro-Glycerine had been mentioned in addition to Petroleum; save that so much of the said Act as specifies the maximum Quantity of Petroleum to be kept as therein mentioned without a Licence shall not apply in the Case of Nitro-Glycerine, and any Quantity whatever of Nitro-Glycerine shall be deemed to be subject to the Provisions of the said Act. 9. The said Act of the Session of the Twenty-fifth and Twentysixth Years of Her Majesty's Reign is also hereby extended and applied to any Substance for the Time being declared by any Order in Council under this Act to be specially dangerous, and that Act shall be read and have effect as if throughout its Provisions the Substance to which such Order in Council relates had been mentioned in addition to Petroleum; save that the Quantity of such Substance which it shall not be lawful to keep as in the said Act mentioned without a Licence shall, instead of the Quantity specified in relation to Petroleum in the said Act, be such Quantity as is specified in that Behalf in relation to any such Substance in any such Order in Council. 10. This Act may be cited as "The Carriage and Deposit of dangerous Goods Act, 1866." САР. 6 Dean Forest (Walmore and The Bearce Commons). CA P. LXX. An Act to extend the Provisions of the Acts for the Inclosure, Exchange, and Improvement of Land to certain Portions of the Forest of Dean called Walmore Common and The Bearce Common, and for authorizing Allotments in lieu of the Forestal Rights of Her Majesty in and over such Commons. [6th August 1866.] WHEREAS by the Thirteenth Section of the Act of the 8 & 9 Vict. Eighth and Ninth Years of the Reign of Her present 'Majesty, Chapter One hundred and eighteen, commonly called 'The General Inclosure Act of 1845, it was enacted that no Part of the New Forest in the County of Southampton or of the 'Forest of Dean in the County of Gloucester should be Land 'subject to be inclosed thereunder : 'And whereas it is expedient that the said Section, so far as regards certain Portions of the said Forest of Dean called 'Walmore Common in the Parish of Westbury on Severn, and 'The Bearce Common in the Parish of Saint Briavels, should be repealed, and that the Inclosure Commissioners for England and Wales should be empowered to make such Allotment or 'Inclosure of the same Commons as is herein-after mentioned :' 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: c 118. pealed so far Walmore and as relates to 1. The said Thirteenth Section of the said General Inclosure 8 & 9 Vict. Act of 1845 shall, so far as relates to the said Walmore Common c.118.s. 13. reand Bearce Common, be repealed; and the said General Inclosure Act and all the other Acts for the Inclosure, Exchange, and Improvement of Land, and all other Acts of Parliament what- Bearce Comsoever, shall and may be read and acted on as though the said mons. Commons had not been included in the said Thirteenth Section of the said first-mentioned Act. and fix his Re 2. With respect to each of the said Commons, it shall be lawful Inclosure Comfor the Inclosure Commissioners for England and Wales, if missioners to they shall think fit, on the Request of the Commissioner of Her appoint Valuer Majesty's Woods, Forests, and Land Revenues for the Time being muneration. having charge of the said Forest of Dean, and without any Request or Consent of any other Person, to appoint some competent Land Surveyor to act as Valuer for the Purposes of this Act, and to fix the Amount of Remuneration to be paid to such Valuer ; and such Valuer shall forthwith apply to the said Commissioners to ascertain the Boundaries of such Commons, and shall proceed to ascertain and determine the Persons interested therein and all Claims relating thereto; and he shall allot and award in manner prescribed by the said Acts for the Inclosure, Exchange, and Improvement of Land, or as near thereto as the Circumstances of the Case will admit of, unto Her Majesty, Her Heirs and Successors, so much of such Common, together with all such Roads and N 3 Ways, Valuer to ascertain the Boundaries of the Commons and ascertain and settle Allotment to Commissioners of Woods may dispose of Crown Allotment. Residue of Common disafforested. Commissioners to defray Expenses of Allotment. Special Powers not to affect ordinary Powers to inclose, &c. Dean Forest (Walmore and The Bearce Commons). Ways, Drains and Embankments, as shall be necessary for the Use and Enjoyment and Protection of the Land so allotted and awarded as shall be a just Equivalent (Quantity and Value considered) for all the Estate and Forestal and other Rights of Her Majesty, Her Heirs or Successors, in, to, or out of such Common, and for the Expenses of such Allotment and Award (which are to be defrayed out of the Revenues of the said Forest of Dean as herein-after mentioned), such Rights nevertheless to be estimated exclusively of the Rights and Interests of Her Majesty, Her Heirs and Successors, in and to the Mines and Minerals in or under such Common; and the Land so allotted and awarded shall from and after the Completion of the Award in manner prescribed by the said Acts for the Inclosure, Exchange, and Improvement of Land be disafforested and remain vested in Her Majesty, Her Heirs and Successors, freed and discharged from all Rights of Common and other Rights whatsoever, save and except the lawful Rights of Free Miners in the Forest of Dean and Hundred of Saint Briavels and those claiming under them to existing or future Gales of Coal or Iron (if any) in or under the same. 3. It shall be lawful for the Commissioners of Her Majesty's Woods, Forests, and Land Revenues to sell, exchange, or otherwise dispose of and to convey the Lands so allotted or any Part of the same, if and as they shall think fit, and to exercise the same Powers over and in respect of the same as they are or may be authorized by Law to exercise over other Lands belonging to Her Majesty in right of Her Crown not being Part or Parcel of any Royal Forest, Park, or Chase in England. 4. From and after the Completion of any such Allotment and Award the Residue of the Common out of which such Allotment shall have been made shall be disafforested, but shall remain subject to all the same Rights, Estates, and Privileges as the whole of the same Common was subject to prior to such Allotment and Award, except such Estate and Forestal and other Rights of Her Majesty as by such Award shall be declared to be extinguished; and the said Award shall for all Purposes be conclusive as to the Persons entitled to any such Rights, Estates, or Privileges, except as to Rights or Privileges to or regarding Mines and Minerals; and the Soil of such Residue shall vest in Fee Simple in such Trustees as the said Inclosure Commissioners shall, by Writing under their Seal, from Time to Time appoint for that Purpose, nevertheless in trust for the Persons entitled thereto or interested therein, according to the Provisions of this Act. 5. The Commissioners of Her Majesty's Woods, Forests, and Land Revenues shall defray all the Expenses of any such Allotment and Award as aforesaid out of any Moneys in their Hands forming Part of the Revenues of the said Forest of Dean. 6. The special Powers herein contained shall not be deemed to alter or affect the ordinary Powers of the said Inclosure Commissioners for England and Wales to inclose the Entirety of the said respective Commons under the said Acts for the Inclosure, Exchange, and Improvement of Land and this Act. СА Р. |