Power to make rules as to dangerous railway operations.            1.—(1) The Board of Trade may, subject to the provisions of this Act, make such rules as they think fit with respect to any of the subjects mentioned in the schedule to this Act, with the object of reducing or removing the dangers and risks incidental to railway service.

(2) Where the Board of Trade consider that avoidable danger to persons employed on any railway arises from any operation of railway service (not being a matter in respect to which rules may be made under the foregoing provisions of the section), whether that danger arises from anything done or omitted to be done by the railway company or any of its officers or servants, or from any want of proper appliances or plant, they may, subject to the provisions of this Act, after communicating with the railway company, and giving them a reasonable opportunity of reducing or removing the danger or risk, make rules for that purpose.
(3) The Board of Trade may, by any rules made under this section, require amongst other matters the use of any plant or appliance which has been shown to the satisfaction of the Board of Trade to be calculated to reduce danger to persons employed on a railway, or the disuse of any plant or appliance which has been similarly shown to involve such danger.
(4) The Board of Trade shall, by any rule made by them under this section, give a reasonable time for carrying out the requirements of the rule.

Publication and consideration of draft rules.                      2.—(1) When the Board of Trade propose to make any rules under this Act, the Board shall publish in the London Gazette, notice of the proposal to make the rules, and of the place where copies of the draft rules may be obtained, and of the time, not being less than one month, within which any objection or suggestion made with respect to the draft rules by or on behalf of persons affected must be lodged with the Board, and shall take such other steps as they think best adapted for giving information with respect to those matters to persons affected.

(2) The Board of Trade shall consider any objection or suggestion made by or on behalf of persons appearing to them to be affected which is lodged within the required time, and give to any person lodging any such objection or suggestion an opportunity of communicating with the Board on the matter.
(3) The Board of Trade may modify the draft rules in such manner as may seem expedient on consideration of the objections or suggestions, and may, if they think fit, withdraw any draft rule without prejudice to the power of making a new rule with respect to the same matter.

Reference of objections to Railway Commissioners.                  3.—(1) If, after the consideration of any such objection (including an objection relating to any matter within the discretion of the Board of Trade) the person who has made it is not satisfied with the mode in which the objection is dealt with he may, by notice in writing to the Board of Trade given within the time limited in that behalf by the Board, require the Board to refer the objection to the Railway and Canal Commissioners, and the Board shall so refer the objection accordingly.

(2) The Commissioners shall consider whether any objection so referred to them is reasonable or not, and if they determine that the objection is reasonable the rule to which the objection relates shall not be made.

Questions to be kept in view in considering objections.            4. The Board of Trade, in considering any objection to a draft rule, and the Commissioners, in considering any objection referred to them, shall, amongst other matters, have regard to the question whether the requirements of the rule would materially interfere with the trade of the country, or with the necessary operations of any railway company.

Making of rules.                                                   5.—(1) The Board of Trade, after the consideration of objections and suggestions, shall (except when they withdraw the rules) send a copy of the rules as proposed to be made to each objector, and shall fix a limit of time, not being less than one month, within which any notice requiring an objection to be referred to the Commissioners is to be given to the Board.

(2) If no such notice is given to the Board of Trade within the time so limited, the Board may make the rules as proposed to be made; but if any such notice is given within that time the Board shall not make the rules until the Commissioners have given their decision on the objection, and have decided against it.

Power to refer objections to referee.                              6. The Board of Trade shall, on being satisfied that it is the general desire of the objectors, refer to a referee appointed by the Board of Trade any objections which the Board are required to refer to the Railway and Canal Commissioners, and thereupon the referee shall take the same proceedings, and have regard to the same matters, and his decision shall have the same effect, as if the objections had been referred to the Commissioners.

Application of rules.                                              7. Rules made under this Act may apply either generally, or to any particular railways or class of railways, and may provide for the exemption from their operation of any specified railways or class of railways.

Power to make an order or give a direction in place of a rule.     8. Where, in the opinion of the Board of Trade, the requirements of the case would be better met by a specific order or direction than by a general rule, the Board of Trade may make such an order or direction in the same manner as they may make a rule under this Act, and subject to the same provisions, and the provisions of this and any other Act shall apply as if the order or direction were a rule under this Act.

Power to extend time.                                              9. The Board of Trade may extend the time fixed by them under this Act for the making of objections or suggestions with respect to draft rules, or the giving of a notice requiring an objection to be referred to the Commissioners, in the case of any objection, suggestion, or notice, if it is shown to their satisfaction that the extension of time is justified by the special circumstances of the case.

Application to rescind or vary rules.                              10.—(1) Any person affected by any rule made under this Act, which has been in operation for a period exceeding three months, may apply to the Board of Trade to make a rule rescinding or varying the same. Such application shall be made in writing and shall be accompanied by a statement of the grounds upon which it is made.

(2) If any such application is made within eighteen months after the date on which the rule in respect of which the application is made has come into operation, and the Board of Trade decline to entertain the application, the Board of Trade shall, if requested by the person making the application, refer it to the Railway and Canal Commissioners, and the Commissioners shall consider and decide whether the application is reasonable or not, as if it were an objection to a rule under this Act, and if they decide that the application is reasonable, the Board of Trade shall propose a rule to meet it.

Penalties.                                                         11.—(1) If any railway company or other company or person acts in contravention of, or fails to comply with, any rule under this Act, then—
(a) the company or person shall be liable for each offence on conviction under the Summary Jurisdiction Acts to a fine not exceeding fifty pounds, or in the case of a continuing offence to a fine not exceeding ten pounds for every day during which the offence continues after conviction; or
(b) on the application of the Board of Trade, compliance with the rule may be enforced by the Railway and Canal Commissioners as if the rule were an order made by those Commissioners in the exercise of their statutory jurisdiction.
(2) A summary conviction for an offence under this section shall be subject to an appeal to a court of quarter sessions in manner provided by the Summary Jurisdiction Acts.

Procedure before Commissioners.                                    12. The proceedings on and incidental to the consideration of an objection by the Railway and Canal Commissioners under this Act shall be conducted in accordance with rules made by the Commissioners, and provision may be made by those rules for the consideration of any matter either by a single Commissioner, or by a Commissioner or Commissioners, with one or more assessors, for the award of costs where in the opinion of the Commissioners a requirement to refer an objection to the Commissioners is frivolous and vexatious, and for hearing any persons the Commissioners think fit to hear either in support of or in opposition to an objection.

Inspection and notices of accidents.                               13.—(1) The powers of the Board of Trade for the inspection of railways shall include power to inspect any railway for the purpose of ascertaining whether there is any ground for proceeding under this Act, or whether there has been any contravention of or default in compliance with any rule made under this Act.

(2) The duty of a railway company to give notice of accidents shall apply to accidents attended with loss of life or personal injury to any person in the employment of the company on any line, or siding having a junction with the railway of the railway company, but not belonging to or in the occupation of any railway company, in like manner as it applies to such accidents when occurring on the railway of the company, and the provisions relating to the notice of such accidents shall have effect accordingly.

[Sub-s. (3) rep. 6. Edw. 7. c. 53, s. 7 (1). As to railway sidings used in connection with factories or workshops, see now 1 Edw. 7. c. 22, s. 106; and as to those used in connection with mines or quarries, 6 Edw. 7. c. 53, s. 3.]

Issuing debenture stock to meet expenses incurred under this Act.  14. Where the requirements of any rules under this Act involve any expenditure by a railway company which would properly be chargeable to capital account, the company may furnish to the Board of Trade an estimate of the expenditure, and thereupon the Board of Trade shall, on the application of the company, fix and determine the sum which is properly chargeable to capital account, and the company may issue debentures or debenture stock ranking pari passu with any existing debentures or debenture stock of the company, bearing interest at a rate not exceeding five per cent. per annum, to an amount not exceeding the sum so fixed and determined, and any money raised under the provisions of this section shall be applied in carrying out the requirements of the rules, and to no other purpose whatsoever, and no other authority, save the certificate of the Board of Trade, shall be requisite to authorise and validate the issue of the debentures or debenture stock.

Staff, inquiries, and experiments.                                 15.—(1) The Board of Trade may (with the concurrence of the Treasury as to number and salary) appoint or employ such persons as appear to them to be required for carrying this Act into effect, and may hold such inquiries, and make such experiments as they think expedient for that purpose.

37 & 38 Vict. c. 40.
(2) Subject to the provisions of this Act the remuneration of any such persons, and the expenses incurred by the Board in relation to any inspection, inquiry, or experiment under this Act shall (to an amount approved by the Treasury) be defrayed out of moneys provided by Parliament.
(3) It shall be the duty of every railway company to give all reasonable facilities (subject to the due working of their traffic) for conducting any experiments made by the Board of Trade for the purpose of this Act, but such experiments shall be made without risk or expense to the railway company except as may be otherwise agreed, and except in case of default on the part of the railway company in conducting the experiments.
(4) Where under this Act any objections are referred to a referee instead of to the Railway and Canal Commissioners, section three of the Board of Trade (Arbitrations, &c.) Act, 1874, shall apply as if the referee were appointed on an application made in pursuance of a special Act, and the objectors were parties to the application within the meaning of that section.
(5) Where the Board of Trade hold a special inquiry with reference to an objection to a proposed rule on the application of the objector, the person appointed to hold the inquiry may, if on the inquiry it appears to him that the circumstances were not such as to render a special inquiry necessary, order the objector to pay the whole or any part of the costs certified by the Board to have been incurred by them in holding the special inquiry, and any amount so ordered to be paid may be recovered as a debt due to the Crown.

Definition of “railway” and “railway company.”                     16. In this Act—
The expression “railway” means any railway used for the purposes of public traffic whether passenger, goods, or other traffic, and includes any works of the railway company connected with the railway; and
The expression “railway company” includes a company or person working a railway under lease or otherwise.

Obligation of railway company under terms of lease or agreement.   17. If any rule made under this Act imposes an obligation on a railway company inconsistent with the terms of any lease or agreement under which the railway of that company is worked, the railway company shall not be under any liability for any breach of or default in complying with the terms of any such lease or agreement, so far as that breach or default is a necessary consequence of compliance with the rule.

Provision against double notices, double inspections, &c.          18. Nothing in this Act shall require notice of accidents to be given in cases where such a notice is required to be given under any Act relating to factories or mines, or authorise any inspection, inquiry, or investigation to be made where an inspection, inquiry, or investigation may be made with respect to the same matter for the same purpose under any other Act by, or by any officer of, a Government Department.

Application to Scotland and Ireland.                               19.—(1) In the application of this Act to railways in Scotland and Ireland respectively, references to the Edinburgh or Dublin Gazette shall, as the case may require, be substituted for references to the London Gazette.

27 & 28 Vict. c. 53.
(2) In the application of this Act to railways in Scotland, the following modifications shall be made:—
The expression “Summary Jurisdiction Acts” means the Summary Jurisdiction (Scotland) Acts;
The summary jurisdiction conferred by this Act shall be exercised solely by the sheriff, and shall be held to be civil within the meaning of the [1] twenty-eighth section of the Summary Procedure Act, 1864. The sheriff shall upon request of any party to the cause take notes of the evidence, and any party, if dissatisfied with the sheriff’s judgment as erroneous either in point of law or of fact, may appeal thereagainst to either division of the Court of Session, which appeal shall be heard summarily by the said division, whose judgment shall be final. The Court of Session may, if it thinks fit, by act of sederunt regulate the form and time of presentation of such appeals.

Short title.                                                       20. This Act may be cited as the Railway Employment (Prevention of Accidents) Act, 1900.

SCHEDULE.
1. Brake levers on both sides of waggons.
2. Labelling waggons.
3. Movement of waggons by propping and tow roping.
4. Steam or other power brakes on engines.
5. Lighting of stations or sidings where shunting operations are frequently carried on after dark.
6. Protection of point rods and signal wires, and position of ground levers working points.
7. Position of offices and cabins near working lines.
8. Marking of fouling points.
9. Construction and protection of gauge glasses.
10. Arrangement of tool boxes and water gauges on engines.
11. Working of trains without brake vans upon running lines beyond the limits of stations.
12. Protection to permanent way men when relaying or repairing permanent way.

[1 Short title, “The Railway Employment (Prevention of Accidents) Act, 1900.” See s. 20.]

[1 Rep. 8 Edw. 7. c. 65, s. 3. See now that Act.]


[29 th October, 2015]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title and commencement
1. (1) This Act may be cited as the Marriage Act 2015.
(2) This Act shall come into operation on such day or days as the Minister may, after consultation with the Minister for Social Protection, appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

Definitions
2. In this Act—
“Act of 2004” means the Civil Registration Act 2004 ;
“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;
“Minister” means the Minister for Justice and Equality.
Expenses
3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2
Impediments to Marriage
Amendment of section 2(2) of Act of 2004
4. Section 2(2) of the Act of 2004 is amended by—
(a) the deletion of paragraph (e),
(b) the substitution of the following paragraph for paragraph (f):
“(f) one of the parties to the marriage is, or, other than where section 2B applies, both are, already party to a subsisting civil partnership, or”,
and
(c) the insertion of the following paragraph after paragraph (f) :
“(g) the marriage would be void by virtue of section 2A.”.
Prohibited degrees of relationship
5. The Act of 2004 is amended by the insertion of the following section after section 2:
“2A. (1) For the purposes of this Act, any prohibition in this Act or any other enactment or rule of law on marriage between two persons of the opposite sex arising by virtue of a relationship of consanguinity or affinity between them, shall, subject to any necessary modifications, apply to marriage between two persons of the same sex as it applies to marriage between two persons of the opposite sex.

(2) A marriage purported to be solemnised which contravenes a prohibition referred to in subsection (1) shall be void.”.

No impediment where subsisting civil partnership with each other
6. The Act of 2004 is amended by the insertion of the following section after section 2A (inserted by section 5 ):
“2B. There is not an impediment to a marriage by virtue of both of the parties to the intended marriage being parties to a subsisting civil partnership with each other.”.

PART 3
Religious Bodies
Religious bodies
7. (1) Nothing in this Act or any other enactment shall be construed as obliging—
(a) a religious body to recognise a particular form of marriage ceremony for the purposes of section 51(3)(c) of the Act of 2004, or
(b) a religious solemniser to solemnise a marriage in accordance with a form of marriage ceremony which is not recognised by the religious body of which the religious solemniser is a member.
(2) In this section—
“form of marriage ceremony” includes that form in so far as it relates to the sex of the parties to the ceremony;
“religious body” has the meaning assigned to it by section 45 of the Act of 2004;
“religious solemniser” means a member of a religious body standing registered in the Register of Solemnisers maintained under section 53 of the Act of 2004.

PART 4
Civil Partnership
Repeal of certain provisions of Act of 2004 relating to civil partnership
8. The following provisions of the Act of 2004 are repealed:
(a) section 2(2A);
(b) section 59B;
(c) section 59C (other than subsection (5));
(d) section 59D (other than subsections (6)(c), (7), (8) and (9));
(e) section 59E;
(f) section 59F;
(g) section 59G;
(h) section 59H;
(i) section 59I.
Amendment of section 46(1) of Act of 2004
9. Section 46(1) of the Act of 2004 is amended by the substitution of the following paragraph for paragraph (a):
“(a) (i) notify any registrar in writing in a form for the time being standing approved by an tArd-Chláraitheoir of their intention to marry—
(I) not less than 3 months prior to the date on which the marriage is to be solemnised, or
(II) at any time prior to the date on which the marriage is to be solemnised where the parties to the intended marriage are parties to a subsisting civil partnership with each other and have previously either complied with section 59B(1) (a) in respect of that civil partnership or been exempted from such compliance by order of the Circuit Court or the High Court under section 59B(2),
or
(ii) are granted an exemption from the application of subparagraph (i) (I) under section 47 and give a copy of the court order granting the exemption to any registrar before the date aforesaid,”.

Dissolution and transitional
10. The Act of 2004 is amended by the insertion of the following Part before section 60:
“Part 7C
Dissolution and Transitional
Registration of dissolution of civil partnership on marriage
59K. Where a civil partnership which is registered in the register of civil partnerships stands dissolved by virtue of section 109A (inserted by section 11 of the Marriage Act 2015) of the Act of 2010 on the marriage of two persons solemnised under and in accordance with this Act, the registrar shall enter that dissolution as a particular in the entry concerning that civil partnership in that register.

Transitional provisions consequent on Marriage Act 2015
59L. (1) On the commencement of section 8 of the Marriage Act 2015, a notification of an intention to enter into a civil partnership given under section 59B and in force immediately before that commencement, may, if requested by the parties concerned, be taken to be and treated by a registrar as if it were a notification of their intention to marry given under section 46.

(2) Notwithstanding the commencement of section 8 of the Marriage Act 2015,the provisions of this Act referred to in that section shall continue to apply—
(a) where a civil partnership registration form was duly completed under section 59C and that form is valid under subsection (4) of that section immediately before that commencement, or
(b) in relation to a civil partnership registration in respect of which an objection under section 59F is made, whether the objection is made before or after that commencement.”.

Dissolution of civil partnership on marriage
11. The Act of 2010 is amended by the insertion of the following section after section 109:
“109A. Notwithstanding any provision of this Part, a civil partnership subsisting between two persons immediately before their marriage to each other shall stand dissolved on and from the date of that marriage.”.

PART 5
Recognition of Certain Foreign Relationships
Recognition of certain foreign marriages
12. (1) A marriage under the law of a place other than the State shall not be precluded from being recognised as a marriage by reason of the sex of the parties to the marriage.
(2) Where a marriage under the law of a place other than the State of two persons of the same sex is recognised as a marriage, it shall be so recognised from the later of—
(a) the date of the commencement of this section, or
(b) the date of the marriage.
(3) Subject to subsection (4), a marriage under the law of a place other than the State of two persons of the same sex shall not be precluded from being recognised by reason of the fact that it falls within a class of legal relationship in respect of which the Minister has made an order under section 5 of the Act of 2010.
(4) A marriage under the law of a place other than the State of two persons of the same sex, which falls within a class of legal relationship in respect of which the Minister has made an order under section 5 of the Act of 2010, shall not be recognised as a marriage where on or before the date of the commencement of this section—
(a) a decree of dissolution of the legal relationship concerned has been granted under section 110 of the Act of 2010, or
(b) under section 5(4) of the Act of 2010, a dissolution of the legal relationship that is deemed to be a dissolution under section 110 of that Act became effective.
(5) Where the marriage under the law of a place other than the State of two persons of the same sex is recognised and the two persons concerned live apart from one another, the period or periods during which they live apart from one another shall, for the purposes of the Judicial Separation and Family Law Reform Act 1989 , the Family Law (Divorce) Act 1996 , or any other enactment, be calculated from the date (notwithstanding that it occurs before the date, under subsection (2), that the marriage falls to be recognised) on which they begin to live apart.
(6) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010 ( S.I. No. 649 of 2010 ) is amended by—
(a) the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 1, 3, 4, 10, 11, 14, 15, 16, 20, 22, 23 and 27 specified in column (1) of that Schedule, and
(b) the deletion of the part, being marriage, of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 9, 13, 17, 21, 24 and 26 specified in column (1) of that Schedule.
(7) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011 ( S.I. No. 642 of 2011 ) is amended by the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference number 4 specified in column (1) of that Schedule.
(8) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012 ( S.I. No. 505 of 2012 ) is amended by the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 1 and 4 specified in column (1) of that Schedule.
(9) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013 ( S.I. No. 490 of 2013 ) is amended by the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 1, 2, 3, 5, 6, 8, 9, 10, 11, 12, 13 and 14 specified in column (1) of that Schedule.
(10) The Civil Partnership (Recognition of Registered Foreign Relationships) Order 2014 ( S.I. No. 212 of 2014 ) is revoked.

Certain registered foreign relationships
13. The Act of 2010 is amended by the insertion of the following section after section 5:
“5A. Neither section 5, nor any order made (whether before or after the date of the commencement of this section) under section 5, shall apply to a legal relationship entered into by two parties on or after the date that is 6 months after the commencement of section 8 of the Marriage Act 2015.”.

PART 6
Consequential Amendments
Amendment of section 77(2) of Mental Treatment Act 1945
14. Section 77 (2) of the Mental Treatment Act 1945 is amended by the substitution of “spouse” for “husband”.

Amendment of Married Women’s Status Act 1957
15. The Married Women’s Status Act 1957 is amended—
(a) in section 2(2), by the substitution of “spouse” for “husband”,
(b) in section 4, by the substitution of “Spouses of each other” for “A husband and wife”,
(c) in section 9—
(i) in subsection (1), by the substitution of “spouse” for “husband”, and
(ii) in subsection (2), by the substitution of—
(I)“against his spouse” for “against his wife”, and
(II)“as if he were unmarried” for “as if she were not his wife”,
and
(d) by the substitution of the following section for section 18:
“Gifts in fraud of creditors
18. Nothing in this Act shall be construed as validating, as against creditors of a spouse (in this section called the ‘first-mentioned spouse’), any gift, by the first-mentioned spouse to his or her spouse, of any property which, after such gift, continues to be in the order or disposition or reputed ownership of the first-mentioned spouse or any deposit or other investment of moneys of that first-mentioned spouse made by or in the name of his or her spouse in fraud of the first-mentioned spouse’s creditors, and any such moneys so deposited or invested may be followed as if this Act had not been passed.”.

Amendment of Guardianship of Infants Act 1964
16. The Guardianship of Infants Act 1964 is amended—
(a) in section 6—
(i) by the substitution of the following subsection for subsection (1):
“(1) The following persons shall be guardians of a child jointly:
(a) the father and mother of the child, or
(b) where a married couple of the same sex have jointly adopted a child under an adoption order, each of the married couple.”,
and
(ii) by the insertion of the following subsection after subsection (3A) (inserted by section 47 of the Children and Family Relationships Act 2015 ):
“(3B) On the death of a spouse who has jointly adopted a child with his or her spouse of the same sex, the other spouse, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased spouse or by the court.”,
and
(b) in section 6B(1) (inserted by section 49 of the Children and Family Relationships Act 2015 ), by the substitution of “person” for “man”.

Amendment of section 85 of Succession Act 1965
17. Section 85 of the Succession Act 1965 is amended by the insertion of the following subsection after subsection (1):
“(1A) Notwithstanding subsection (1), where the parties to a subsisting civil partnership with each other marry each other, a will made in contemplation of entry into the civil partnership or during the civil partnership by a testator who is a party to the marriage shall not be revoked by that marriage and a reference in the will to the testator’s civil partner shall be construed as a reference to the testator’s spouse.”.

Amendment of First Schedule to Bankruptcy Act 1988
18. The First Schedule to the Bankruptcy Act 1988 is amended by the substitution of the following paragraph for paragraph 11:
“11. A person may prove a debt against his or her spouse as if they were not married.”.

Amendment of section 8(2) of Judicial Separation and Family Law Reform Act 1989
19. Section 8 (2) of the Judicial Separation and Family Law Reform Act 1989 is amended by the substitution of “spouses of each other” for “husband and wife”.

Amendment of section 25 of Criminal Evidence Act 1992
20. Section 25 of the Criminal Evidence Act 1992 is amended by the substitution of “(being either spouses of each other or persons who were formerly spouses of each other)” for “(being either a husband and wife or persons who were formerly husband and wife)”.

Amendment of section 51 of Act of 2004
21. Section 51 of the Act of 2004 is amended—
(a) in subsection (4)(b), by—
(i) the substitution of “declaration by each of the parties to the marriage” for “declaration by the parties to the marriage”, and
(ii) the substitution of “to the effect that each of them accepts the other as a husband, a wife or a spouse, as the case may be” for “to the effect that they accept each other as husband and wife”,
and
(b) by the substitution of the following subsection for subsection (7) —
“(7) The parties to a marriage solemnised in accordance with this Act shall be taken to be married to each other when each of them has made a declaration in the presence of the other, the registered solemniser and the two witnesses that each of them accepts the other as a husband, a wife or a spouse, as the case may be.”.

Amendment of section 26 of Civil Registration (Amendment) Act 2014
22. Section 26 of the Civil Registration (Amendment) Act 2014 is amended by the substitution of “following section before Part 7B” for “following section after section 59I”.

Amendment of Children and Family Relationships Act 2015
23. The Children and Family Relationships Act 2015 is amended by the substitution of “spouse” for “husband” in each place where it occurs in—
(a) subsection (1)(b), and paragraphs (a) and (b) of subsection (8), of section 5,
(b) section 9(3)(d),
(c) subsections (1) and (3)(a) of section 11,
(d) paragraph (b)(ii) of section 25(3), and
(e) section 27(5)(e).
Amendment of Gender Recognition Act 2015
24. The Gender Recognition Act 2015 is amended—
(a) in section 2, by the deletion of the definition of “civil partner”,
(b) in section 9, by the deletion of subsection (2)(b),
(c) in section 10, by the deletion of subsection (1)(f)(i),
(d) in section 11, by the deletion of subsection (2)(a)(ii),
(e) in section 15(8) —
(i) in paragraph (b), by the insertion of “and” after “certificate,”,
(ii) by the deletion of paragraph (c), and
(iii) by the deletion of paragraph (d)(ii)(I),
and
(f) in section 18—
(i) by the deletion of subsection (3), and
(ii) by the deletion of subsection (8).


Short title.                                                                                1. This Act may be cited as the Matrimonial Causes Act, 1878.

Costs of intervention.                                                                                2. Where the Queen’s proctor or any other person shall intervene or show cause against a decree nisi in any suit or proceeding for divorce or for nullity of marriage, the Court may make such order as to the costs of the Queen’s proctor, or of any other person who shall intervene or show cause as aforesaid, or of all and every party or parties thereto, occasioned by such intervention or showing cause as aforesaid, as may seem just; and the Queen’s proctor, any other person as aforesaid, and such party or parties shall be entitled to recover such costs in like manner as in other cases: Provided that the Treasury may, if it shall think fit, order any costs which the Queen’s proctor shall, by any order of the Court made under this section, pay to the said party or parties, to be deemed to be part of the expenses of his office.

Extension of power given by 22 & 23 Vict. 61. s. 5.                                                                       3. The Court may exercise the powers vested in it by the provisions of section five of the Matrimonial Causes Act, 1859, notwithstanding that there are no children of the marriage.

If husband convicted of aggravated assault, Court may order that wife be not bound to cohabit, &c. 24 & 25 Vict. c. 100.  4. [1] If a husband shall be convicted summarily or otherwise of an aggravated assault within the meaning of the Offences against the Person Act, 1861, section forty-three, upon his wife, the court or magistrate before whom he shall be so convicted may, if satisfied that the future safety of the wife is in peril, order that the wife shall be no longer bound to cohabit with her husband; and such order shall have the force and effect in all respects of a decree of judicial separation on the ground of cruelty; and such order may further provide,
(1.) That the husband shall pay to his wife such weekly sum as the Court or magistrate may consider to be in accordance with his means, and with any means which the wife may have for her support, and the payment of any sum of money so ordered shall be enforceable and enforced against the husband in the same manner as the payment of money is enforced under an order of affiliation; and the Court or magistrate by whom any such order for payment of money shall be made shall have power from time to time to vary the same on the application of either the husband or the wife, upon proof that the means of the husband or wife have been altered in amount since the original order or any subsequent order varying it shall have been made;
(2.) That the legal custody of any children of the marriage under the age of ten years shall, in the discretion of the Court or magistrate, be given to the wife.

Provided always, that no order for payment of money by the husband, or for the custody of children by the wife, shall be made in favour of a wife who shall be proved to have committed adultery, unless such adultery has been condoned; and that any order for payment of money or for the custody of children may be discharged by the Court or magistrate by whom such order was made upon proof that the wife has since the making thereof been guilty of adultery; and provided also, that all orders made under this section shall be subject to appeal to the Probate and Admiralty Division of the High Court of Justice.

[1 Rep. except as to I., 58 & 59 Vict. c. 39. s. 12.]


45 G. 3. c. 121.                                                                                ‘Whereas the Officers of the Customs and Excise, and other Persons authorized to make Seizures, are frequently prevented from seizing Goods subject to Forfeiture, with which Ships, Vessels, and Boats may have been laden, by reason of the same having been thrown overboard during the Chace; and if such Ships are found light, or the Goods are not afterwards discovered and seized, the Persons on board are not liable to be arrested and detained under the Authority of an Act passed in the Forty-fifth Year of His present Majesty, intituled, An Act for the more effectual Prevention of Smuggling: And whereas it is expedient in certain Cases to make Provision for the Arrest and Detention of Persons on board such Ships, Vessels, and Boats, and for rewarding the Officers by whom such Persons are so arrested and detained;’ Be it therefore enacted by the King’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, That whenever any Ship, Vessel, or Boat, belonging in the Whole or in Part to His Majesty’s Subjects, for which the Owner or Owners thereof are required to have a Licence for navigating the same from the Lord High Admiral of Great Britain, or the Commissioners of the Admiralty for the Time being, or other Persons duly authorized to grant the same, shall be found or discovered to have been within Four or Eight Leagues of such Part of the Coasts of Great Britain or Ireland respectively, as are in any Act or Acts of Parliament in force on and immediately before the passing of this Act described and specified as to such respective Distances of Four or Eight Leagues, or found in any Part of the British or Irish Channels, or elsewhere on the High Seas, within One hundred Leagues of any Part of the Coasts of Great Britain or Ireland, and any Person or Persons on board such Ship, Vessel, or Boat, shall, at any Time during the Chace, or previous to such Ship, Vessel, or Boat being taken Possession of, within any or either of such Limits or Distance aforesaid, unship, or throw overboard the Cargo, or any Part of the Cargo, unless through any unavoidable Necessity or Distress, or for the Security or Preservation of the Ship, Vessel, or Boat from the Dangers of the Seas, such Ship, Vessel, or Boat being then laden with a legal Cargo, every Person or Persons found on board being a Subject or Subjects of His Majesty, and who shall not prove that he was only a Passenger on board such Ship. Vessel, or Boat, shall forfeit the Sum of One hardred Pounds, to be recovered as any like Penalty may be recovered under any Act or Acts relating to the Revenue of Customs or Excise in the United Kingdom; and it shall be lawful for the Officer or Officers of the Army, Navy, or Marines, or of the Customs or Excise, by whom such Ship, Vessel, or Boat shall be seized and he and they is and are hereby authorized, empowered, and required to stop, arrest, and detain every such Person being a Subject of His Majesty, and such Person shall be dealt with as any Person is liable to be dealt with by virtue and in pursuance of the said recited Act passed in the Forty-fifth Year of His Majesty’s Reign, for having been taken on board any Ship, Vessel, or Boat liable to Forfeiture by that or any other Act or Acts of Parliament, for being found or having been at Anchor, or hovering within any such Distance of any of the Dominions of His Majesty, with such Goods on board as subject such Ship, Vessel, or Boat, or Goods to Forfeiture; or every such Person, being a Seaman or Seafaring Man, may be dealt with as any Seaman or Seafaring Man may be dealt with by virtue and in pursuance of an Act passed in the Forty-seventh Year of His present Majesty’s Reign, intituled, An Act to make more effectual Provision for the Prevention of Smuggling; and every Officer of the Army, Navy, or Marines, or of the Customs or Excise, shall have the like Powers and Authorities, and be entitled to and receive the like Reward or Rewards for and on account of every Person arrested and detained under the Authority of this Act, as is and are allowed and payable with respect to any Person arrested and detained under the Authority of either of the said recited Acts; as fully and effectually to all Intents, Constructions, and Purposes, as if each and every of the Clauses, Directions, Powers, and Authorities relative thereto were repeated and re-enacted in the Body of this present Act.

Every Person, (not a Passenger) on board British Vessels required to be licensed by the Admiralty, found within the Limits herein mentioned, from which any Part of the Cargo shall be thrown overboard, shall forfeit 1001. &c.

And may be dealt with as under 45 G. 3. c. 121. § 7; and 47 G. S. ft. 2. c. 66. § 15.

47 G. 3. st. 2, c. 60. § 20.                                                                                II. ‘And Whereas by an Act passed in the Forty-seventh Year of His present Majesty’s Reign, intituled, An Act to make more effectual Provision for the Prevention of Smuggling, it is amongst other Things provided in the Case of Seizures of Spirits, Tobacco, or Snuff made at Sea, or in any Port or Harbour, that if any Officer of the Customs or Excise, or other Persons making such Seizure, shall neither seize and prosecute, nor cause to be seized and prosecuted the Ship, Vessel, or Boat, in or on board which such Spirits, Tobacco, or Snuff shall be or shall have been brought, found, or seized, or which shall be used or employed in removing or conveying the same, nor shall stop, arrest, and detain the Persons, or some or one of them, who shall be or shall have been employed in navigating the Ship, Vessel, or Boat, in or on board which such Spirits, Tobacco, or Snuff shall be or shall have been brought, sound, or seized, or in unlading, removing, or carrying such Spirits, Tobacco, or Snuff, nor shall not convey or cause every such Person so arrested or detained to be taken or conveyed before One or more of His Majesty’s Justices of the Peace to be dealt with according to Law, then and in every such Case the Officer of the Customs or Excise, or other Persons making such Seizure, shall be entitled to and shall be paid only One-Fourth Part of the Value at which such Spirits, Tobacco, or Snuff shall be or shall have been respectively estimated or fixed according to the Directions of the said Act: And whereas the pernicious Practice of Smuggling by Means of sinking small Casks of Spirits at Sea, and within the Limits of the Ports of this Kingdom, and getting them up as Opportunity offers, appears to have been much reforted to, and it is therefore expedient to extend and increase the Rewards to Officers of the Customs and Excise, and other Persons legally authorized to make Seizures, by whose Exertion and Diligence such Practice may be counteracted;’ Be it therefore enacted, That in all Cases where any such Officers and Persons as aforesaid shall seize, within the Limits of any of the Ports of this Kingdom, or in any of the British or Irish Channels, or elsewhere on the High Seas, within One hundred Leagues of any Part of the Coasts of Great Britain or Ireland, any Spirits which shall have been sunk or concealed under or in the Water within such Limits or Distance, every such Officer and Person so seizing such Spirits shall be, and he and they is and are hereby allowed One Moiety of the Value at which such Spirits shall be fixed or estimated as aforesaid; any Thing contained in the said recited Act, or in any other Act or Acts of Parliament to the contrary thereof in anywise notwithstanding.

Reward to Officers seizing Spirits concealed under Water, One Moiety of their Value.

45 G. 3. c. 121. § 7.                                                                                III. ‘And Whereas by the said Act made in the Forty-fifth Year of the Reign of His present Majesty, it was enacted, that every Person being a Subject of His Majesty who should be found or taken on board, or discovered to have been on board any Ship, Vessel, or Boat liable to Forfeiture as therein mentioned, and who should not prove that he was only a Passenger on board such Ship, Vessel, or Boat, and every Person found aiding or assisting in unshipping to be laid on Land, or found carrying, conveying, concealing, or assisting in the carrying away, conveying, or concealing any Foreign Brandy, Rum, Geneva, or Spirits, in that Act mentioned, should forfeit for every such Offence either Treble the Value of the Goods that should be found or taken from such Person or Persons, or the Sum of One hundred Pounds, at the Option and subject to the Election therein mentioned; and that it should be lawful for any Officer or Officers of the Army, Navy, Marincs, Customs, or Excise, and he and they was and were thereby authorized, empowered, and required to stop, arrest, and detain every such Person being a Subject of His Majesty, and to convey the said Person before One or more of His Majesty’s Justices of the Peace residing near to the Port or Place into which such Ship, Vessel, or Boat should be taken or carried, or near to the Place where any such Person should be so taken or arrested, and it should be lawful for such Justice or Justices of the Peace, and he and they was and were thereby required upon Proof on Oath by One or more credible Witness or Witnesses, that such Person was so found or taken, or discovered as aforesaid, unless any such Person found or taken or having been on board of any such Ship, Vessel, or Boat, should prove to the Satisfaction of such Justice that he was only a Passenger on board such Ship, Vessel, or Boat, to hold such Person to bail with Two good and sufficient Sureties in the Sum of One hundred Pounds each for the Appearance of such Person to answer to any Indictment or Information that might be brought against him in that Behalf, and to pay such Penalty and abide any Judgment for any such Offence, and in default of any such Person finding such good and sufficient Bail as aforesaid, or until the same should be found, to commit such Person to any Gaol or Prison or House of Correction to answer as aforesaid; and it is by the said Act provided, that if any such Person so found or discovered and taken as aforesaid, should be capable and desirous of entering and serving as a Seaman or Marine in any of His Majesty’s Ships of War, it should be lawful for the Officer or Officers of the Army, Navy, or Marines, or of the Customs or Excise by whom such Person was taken, arrested, and detained as aforesaid, or for any Justice of the Peace or Magistrate before whom any such Person might be carried, and such Officer or Officers was and were thereby authorized, empowered, and required instead of taking such Person before any Justice or Magistrate, and such Justice or Magistrate was thereby authorized instead of holding any such Person to bail, to carry and convey, or cause to be carried or conveyed such Person on board any of His Majesty’s Ships of War in order to his being entered and received as a Seaman or Marine: And whereas by the said Act made in the Forty-seventh Year of the Reign of His present Majesty, it was enacted, that it shall and may be lawful for any Officer of the Army, Navy, or Marines, or of the Customs or Excise, to detain, or to take and carry any such Person as is therein mentioned, and every Person liable to be arrested and detained under that Act or the said Act made in the Forty-fifth Year of the Reign of His present Majesty, being a Seaman or Seafaring Man, to any Ship or Vessel of War in His Majesty’s Service, or to the Custody of any Officer employed in His Majesty’s imprest Service, and that any such Person being such Seaman or Seafaring Man as aforesaid, might thereupon, if fit and able to serve His Majesty, be impressed into His Majesty’s Naval Service: And whereas some of the Persons so liable to be arrested may be not fit or able to serve His Majesty in his Naval Service, and it is therefore expedient to make such Provision as is herein-after mentioned with regard to such Persons;’ Be it therefore enacted, That from and after the passing of this Act, when any Person liable to be arrested or detained, and arrested or detained, under the said last-mentioned Acts or either of them, shall be found not fit or able to serve His Majesty in his Naval Service, and shall be refused by any proper Naval Officer to be received into any such Naval Service, every such Person shall forfeit and lose the Sum of One hundred Pounds; and it shall and may be lawful to and for any Officer or Officers of the Army, Navy, Marines, Customs, or Excise, and he and they is and are hereby authorized, empowered, and required to convey the said Person before One or more of His Majesty’s Justice or Justices of the Peace, and it shall and may be lawful to and for such Justice or Justices of the Peace, and he and they is and are hereby required upon Proof on Oath by One or more credible Witness or Witnesses, that such Person was so liable to be arrested or detained, and has been so refused as being not fit or able to so serve His Majesty, to hold such Person to bail with Two or more good and sufficient Sureties in the Sum of One hundred Pounds each, for the Appearance of such Person to answer to any Information that may be brought or exhibited against him in that Behalf, and to pay such Penalty, and in default of any such Person finding such good and sufficient Bail as aforesaid, or until the same shall be found, it shall and may be lawful to and for such Justice or Justices to commit such Person to any Gaol or Prison or House of Correction, there to remain until he shall pay the said Penalty, or be delivered by due Course of Law.

47 G. 3. ft. 2. c. 66. § 15.
Persons liable to be detained under recited Acts, who shall be found unfit to serve in the Navy, shall forfeit 100l. &c. and may be held to Bail, or committed by a Justice of Peace.

Coals, &c. unshipped without the Presence of the proper Officer, shall be forfeited.                                                                                IV. ‘And Whereas by the Laws in force for the better levying the Duties upon Coals, Culm, and Cinders, brought or carried Coastwise, the Meters, Weighers, or Measurers, are required to deliver a Certificate under their Hands of the Sorts, Quantities, and Numbers of Chalders or Tuns of Coals, Culm, and Cinders, which shall be delivered by them from on board any Ship or Vessel, and it is therefore expedient to prevent any Coals, Culm, or Cinders, being unshipped without their Presence or Permission;’ Be it therefore enacted, That, from and after the passing of this Act, in case any Coals, (except Charcoal made of Wood,) or any Culm or Cinders, brought Coastwise from any Port or Place in Great Britain into any Port or Place in England or Wales, shall be unshipped or delivered from any Ship or Vessel, without the Presence or Permission of the Meter or other proper Officer appointed to measure or weigh the same, according to the Directions of an Act passed in the Ninth and Tenth Year of the Reign of His late Majesty King William the Third. intituled, An Act for granting to His Majesty Several Duties upon Coals and Culm, all such Coals, Culm, and Cinders. (whether the Duties shall have been paid or not,) shall be forfeited and lost, and the same shall and may be seized by any Officer or Officers of the Customs.

9 & 10 W. 3. c. 13.
Recovery and Application of such Forfeitures.                                                                                V. And be it further enacted, That all Coals, Culm, and Cinders, seized under the Authority of this Act, shall and may be prosecuted, recovered, and disposed of in like Manner, and by such Ways, Means, and Methods, as any Forfeitures incurred for any Offence against the Laws of the Customs may now be prosecuted, recovered, and disposed of, according to the Laws in force on and immediately before the passing of this Act.

Salt, Pepper, and Wine, may be exported from Guernsey or Jersey to Sark, in certain small Quantities, in Boats not exceeding Ten Tons, licensed for the Purpose.                                                                  VI. ‘And Whereas it is expedient to permit the Exportation of Salt, Pepper, and Wine from the Islands of Guernsey or Jersey, for the Supply of the Island of Sark. in smaller Packages than are now allowed by Law, under certain Regulations and Restrictions;’ Be it therefore enacted, That it shall be lawful to export from either of the Islands of Guernsey and Jersey, at any One Time, any Quantity of Salt not exceeding Ten Bushels, any Quantity of Pepper not exceeding Fifty Pounds Weight, or any Quantity of Wine not exceeding Ten Dozen reputed Quart Bottles, for the Supply of the said Island of Sark, and the said Articles may be so exported in any Boat not exceeding the Burthen of Ten Tons, such Boat having a Licence from the Principal Officers of the Customs at either of the said Islands of Guernsey and Jersey, for the Purpose of being employed in carrying Commodities for the Supply of the said Island of Sark, which Licence such Officer is hereby authorized and required to grant, without taking any Fee or Reward for the same: Provided always, that every such Boat having on board at any One Time any greater Quantity of the respective Articles than what is permitted by this Act, such Articles, if in Packages of less Size or Content than prescribed by the Laws in force, shall be forfeited, and shall and may be seized by any Officer or Officers of the Army, Navy, or Marines, or of the Customs or Excise.


[Preamble.]
Power to persons employed in geological survey to enter lands, break surface, and affix marks.  [1.] For the purpose of making and completing a geological survey of the United Kingdom, or any part thereof, it shall be lawful for any surveyor or other person appointed by or acting under the orders of the first commissioner for the time being of her Majesty’s woods, forests, land revenues, works, and buildings, and for any person assisting or employed by any surveyor or other person so appointed or acting under such orders as aforesaid, and they are hereby respectively authorized and empowered, from time to time, after notice in writing of the intention of entering shall have been given to the owner or occupier, as the case may be, to enter into and upon the land of any owner or person whomsoever, for the purpose of making and carrying on any geological survey authorized by the first commissioner for the time being of her Majesty s woods, forests, land revenues, works, and buildings, and to break up the surface of any part of such land for the purpose of ascertaining the rocks, strata, or minerals within or under the same, and to take and carry away specimens of the rocks, strata, or minerals found therein, and to fix any post, stone, mark, or object to be used in the survey in any such land, (except as herein-after mentioned,) and to dig up any ground for the purpose of fixing any such post, stone, or mark, and also to enter into or upon any land through which any such surveyor or other person so appointed or acting or employed as aforesaid shall find it necessary to pass for the purposes of such survey, at any reasonable time in the day, until the survey shall be completed: Provided always, that it shall not be lawful for any such surveyor or other person appointed or acting or employed as aforesaid to fix any object, post, stone, or mark within any walled garden, orchard, or pleasure ground, without the consent of the owner or occupier thereof: Provided also, that such surveyor or other persons so appointed or employed as aforesaid shall do as little damage as may be in the execution of the several powers to them granted by this Act, and shall make satisfaction to the owner or occupier, as the case may require, of such land, or the owner of any trees which shall be in any way injured, for all damages to be sustained in the execution of any of the powers of this Act, in case the same shall be demanded; and in case of dispute between the said surveyor or other persons appointed or employed as aforesaid, on the one hand, and the owner or occupier, as the case may be, on the other hand, as to the amount of damage sustained, the same shall be ascertained and determined by any two or more justices of the peace, in petty sessions assembled, of the county in which the lands or trees may be situate.

Satisfaction to be made for damage.
Penalty on persons obstructing survey or removing marks.                                        2. If any person shall resist or wilfully obstruct or hinder any surveyor or other person employed or assisting in the execution of any survey under the provisions of this Act, or shall take away or displace, or wilfully deface or destroy, any stone, post, mark, or object which shall be set up and placed for the purposes of any such survey, every person so offending shall for every such offence forfeit and pay any sum not exceeding ten pounds, in the discretion of the justices before whom such offender shall be convicted.

Damages to be paid out of aids granted by Parliament.                                           3. All damages awarded or agreed to be paid to any owner or occupier of land, or owner of trees, for any injury sustained under the provisions of this Act, shall be paid out of any aids granted by Parliament for making or completing a geological survey of the United Kingdom.

Recovery of penalties.                                                                          4. All penalties and forfeitures inflicted or imposed by this Act may be recovered in a summary way by the order and adjudication of any two justices of the peace for the county or place in which such penalty shall be incurred, on complaint to them for that purpose exhibited, and shall afterwards be levied, as well as the costs of proceedings for the recovery thereof, in case of nonpayment, by distress, poinding, or other legal process, and sale, of the goods and chattels of the offender or person liable to pay the same, by warrant of such justices; and such justices are hereby authorized and empowered to summon before them any witness, and to examine such witness upon oath or affirmation of and concerning all offences, penalties, and forfeitures under this Act, and to hear and determine the same; and the overplus (if any) of the money so levied or recovered, after discharging the fine, penalty, or forfeiture for which such warrant or other legal process shall be issued, and the costs and expenses of recovering and levying the same, shall be returned, upon demand, to the owner of the goods or chattels so seized or distrained; and in case such penalties or forfeitures shall not be forthwith paid upon conviction, then it shall be lawful for such justices to order the offender so convicted to be detained and kept in safe custody until return can be conveniently made to such warrant of distress, or poinding, or other legal process, unless the offender shall give security, to the satisfaction of such justices, for his appearance before such justices on such day as shall be appointed for the return of such warrant of distress, or poinding, or other legal process, such day not being more than seven days from the time of taking any such security, and which security the said justices are hereby empowered to take, by way of recognizance, caution, or otherwise; but if upon return of such warrant it shall appear that no sufficient distress can be had thereupon, then it shall be lawful for such justices and they are hereby authorized and required, by warrant under their hands and seals, to cause such offender to be committed to the gaol of such county or place, there to remain without bail or mainprize for any time not exceeding two calendar months, unless such penalties or forfeitures respectively, and all reasonable charges, shall be sooner paid and satisfied; and such penalties and forfeitures, when so levied, shall be paid and applied to the use of any infirmary or charitable institution in the county in which such offence shall be committed, in such manner as such justices respectively shall direct and appoint.

Plea of general issue.                                                                          5. If any person shall be sued or prosecuted for any thing done or executed in pursuance of this Act, or of any clause, matter, or thing therein contained, such person may plead the general issue, and give the special matter in evidence for his defence.

Interpretation of terms.                                                                        6. In construing this Act the word “county” shall be taken to include hundred, city, borough, town, townland, parish, burghs, royal parliamentary burghs, burghs of regality and barony, extra-parochial and other places, districts, and divisions, by whatsoever denomination the same respectively shall be known or called; the word “justices” shall include all persons acting in the commission of the peace for any county so interpreted as aforesaid, sheriffs of counties in Scotland, and the sheriff and court of deemsters of the Isle of Man; the word “owner” shall include all bodies, politic, corporate or collegiate, and all persons entitled to any estate or interest in possession; and the word “land” shall extend to lands, grounds, hereditaments and heritages, of any tenure or description; and every word importing the singular number shall, when necessary to give full effect to the enactments herein contained, be deemed to extend and be applied to several persons or things as well as one person or thing; and any words importing the plural number only shall include the singular number; and every word importing the masculine gender shall, when necessary, extend and be applied to a female as well as a male.

[S. 7 rep. 38 & 39 Vict. c. 66. (S.L.R.)]


Recited Acts (except such as shall be repealed or varied by this Act) extended to this Act. § 1. Appointment of Commissioners. § 2. Powers of Commissioners under 55 G. 3. c. 152. to cease. § 3. Electing additional Commissioners. § 4. New Commissioners in Cases of Death, Resignation, &c. § 5. In Default of Appointment by the surviving Commissioners, the Treasury may fill up Vacancies. § 6. Commissioners not to act where personally interested; may act as Justices of Peace. § 7. Meetings of Commissioners. § 8. Summoning Meetings. § 9.

Three Commissioners may act, but no Act to be done unless One of the Persons herein mentioned be present.  X. And be it further enacted, That it shall be lawful for any Three or more of the said Commissioners to execute the Provisions of this Act; but that no Act shall be done at any Meeting, unless the First Lord of the Treasury, the Secretary of State for the Home Department, the Chancellor of the Exchequer, the Postmaster General, the Chief Secretary to the Lord Lieutenant of Ireland, or the First Commissioner of His Majesty’s Woods, Forests and Land Revenues, for the Time being, or One of them, shall be present at such Meeting, except where it shall be otherwise directed by this Act.

Meetings of Five or more Commissioners may be held at other Places than London and Westminster, if specially authorized. § 11. Vesting the Road from Dublin to Howth in the Commissioners. § 12. Portion of Tolls to be paid over to Commissioners. § 13. In case Default made in Payment, Commissioners may take Possession of Toll Houses. § 14. Commissioners under this Act may apply the Monies to be paid to them by the Commissioners under 50 G. 3. c. 93.—§ 15. The Road from Dublin to Annesley Bridge vested in Commissioners. § 16. Roads to be maintained under Powers of former Acts, which Commissioners under this Act may execute. § 17. Protecting the Sea Beach near Howth Harbour. § 18. 50 G. 3. c. 72. so far as relates to the vesting the Harbour of Howth in the Corporation for repairing the Port of Dublin repealed. § 19. Howth Harbour to be made over to and vested in the Commissioners. § 20. Power to sell Lands vested in the Commissioners under 50 G. 3. c. 93.—§ 21. 56 G. 3. c.84. appointing a Harbour Master for Holyhead repealed. § 22. Commissioners for repairing Holyhead Harbour discharged from the Repair, and the Harbour vested in the Commissioners under this Act. § 23. Commissioners for Howth Harbour under recited Act 50 G. 3. c. 72., and the Commissioners for Holyhead Harbour under recited Act 50 G. 3. c. 93. and 55 G. 3. c. 152., shall present an Account to the Treasury of the Money in their Possession and of the Lands vested in them, &c. § 24. And the whole shall be delivered over by those Commissioners to the Commissioners under this Act. § 25. Lighthouse at Holyhead vested in Commissioners. § 26. Vesting the Road from the Drawbridge to the Graving Dock in the Commissioners. § 27. For the Security of Rights of Way, &c. § 28. Proviso for the Right of conveying Water to the Inner Boat Harbour. § 29. Power to sell Lands at Holyhead not wanted for the Purposes of this Act. § 30. Duties to be levied in Holyhead Harbour; and applied to Support of the Harbour and Lighthouse, and paying Salaries of Harbour Master and other Officers. § 31. One Arrival and Departure to be considered as One Voyage. § 32. Regulations for recovering Rates. § 33. Mode of ascertaining the Tonnage of Vessels. § 34. Persons obstructing Collector in measuring Ships, &c. Penalty 5l.—§ 35. Penalties on Persons eluding Payment of the Duties. § 36. Appointment of Harbour Master and Officers. § 37. Power of Harbour Masters. Masters of Ships not observing Directions, Penalty not exceeding 5l. and Expences. Obstructing Moorings, Penalty not exceeding 5l.—§ 38. Gunpowder on board certain Ships to be landed under the Regulations herein mentioned. Owners, &c. to sign Declaration of having no Gunpowder on board; refusing so to do, or having Gunpowder, Penalty not exceeding 20l.; refusing Officers to search, Penalty 20l.—§ 39. Combustibles not to remain on the Quays, or on the Decks of Vessels, longer than 24 Hours, and during that Time to be guarded. Penalty not exceeding 20s.—§ 40. Not to discharge Cannon, Guns or Fire Arms within the Harbours. Penalty not exceeding 5l.—§ 41. Graving or breaming Ships, except at appointed Places, Penalty not exceeding 5l.—§42. Regulations as to Ships using the dry or graving Dock at Holyhead. Penalty not exceeding 10l.—§ 43. Rates for using the dry or graving Dock. § 44. Damage done to Quays, &c. of the Harbours of Howth and Holyhead shall be made good by the Master of the Vessel. How recoverable. § 45. Persons not to lay Timber in the Harbours. Penalty. § 46. Ballast, Rubbish, &c. not to be thrown into the Harbours. Penalty not exceeding 50l.—§ 47. Unloosing Ships’ Ropes, &c. Penalty not exceeding 10l.—§ 48. Commissioners to provide Boats, Warps, &c. § 49. Power to Commissioners to make Bye Laws. Copies of the Bye Laws to be fixed in some conspicuous Place near the Harbour. § 50. Power for Commissioners to appoint Constables to act for Howth and Holyhead Harbours. Oath. § 51. Constables to detain suspected Persons. § 52. Commissioners to build a Cage or Place of Confinement at Holyhead. § 53. Magistrates of the County and City of Dublin to act for Howth. § 54. Application of Harbour Penalties. § 55.

Exemptions of His Majesty’s Ships;                                                                         LVI. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to Ships, Vessels or Boats belonging to or employed in the Service of His Majesty, His Heirs and Successors, or in the Service of the Customs or Excise, or Post Office, using the said Harbour, or to any of the Officers or Persons employed therein respectively, or in the Preventive Service, or in the Service of the Admiralty, Ordnance or Navy Board; or to any Naval or Ordnance Stores, or other Matters imported into or exported from the said Harbour for the Use of the Navy or Army; or to any Yachts or Pleasure Boats or other Vessel belonging to His Majesty or any of the Royal Family; nevertheless the Captain or Master of every such Ship, Vessel or Boat, shall be answerable for all Damage done by such Ship, Vessel or Boat, or by the Mariners or others on board the same, to the Harbour, Wharfs or Works, or the Machinery or Tackle connected therewith, or to the Shipping therein, with full Costs of Suit.

and of Yachts, Pleasure Boats, &c.
So much of 59 G. 3. c. 48. as directs when the Bridge is built over the Menai Straits, the Roads and Bridges shall be delivered over by the Commissioners, repealed. § 57. Menai Bridge vested in the Commissioners under this Act. § 58. 55 G. 3. c. 152. 59 G. 3. cc. 30. 48. relating to the Bridge to remain in force, and Powers thereof to be executed by the Commissioners. § 59. 59 G. 3. c. 48. recited. Two Years allowed for building the Menai Bridge from passing this Act. § 60. Ships passing Menai Straits while Ironwork erecting, Penalty 100l.—§ 61. Grant for additional Sum for completing Menai Bridge, 108,498l. 18s.—§ 62. Additional Rate of Postage granted by 59 G. 3. c.48. continued. § 63. 1 & 2 G. 4. c. 35. as to the vesting of Conway Bridge, repealed. § 64. Conway Bridge vested in Commissioners. § 65.—55 G. 3. c. 152. 1 & 2 G. 4. c. 30. relating to Conway Bridge to remain in force, and Powers thereof to be executed by the Commissioners. § 66.

Tolls of Conway Bridge.                                                                                LXVII. And be it further enacted, That it shall and may be lawful for the said Commissioners hereby appointed, to erect and set up, or cause to be erected and set up, One or more Gate or Gates, Turnpike or Turnpikes, in, upon or across, or within One hundred Yards of the said Bridge over the River Conway, together with Toll Houses, and proper and necessary Buildings, Conveniences and Fences near to each Gate or Turnpike; and that the respective Tolls following may be demanded and taken by such Person or Persons as the said last mentioned Commissioners shall from time to time appoint, at each of the said Gates or Turnpikes, for each and every Time of passing over the said Bridge; that is to say,
For every Stage Coach and Mail Coach, any Sum not exceeding Seven Shillings and Sixpence:
For every Post Chaise licensed to carry Persons from Stage to Stage, any Sum not exceeding Five Shillings:
For every other Coach, Landau, Berlin, Barouche and Chaise with Four Wheels, any Sum not exceeding Fifteen Shillings:
For every Chaise, Chair or Gig with Two Wheels, any Sum not exceeding Two Shillings:
For every Waggon, Wain, Caravan or other such Carriage with Four Wheels, any Sum not exceeding Four Shillings:
For every Cart or other such Carriage with Two Wheels, any Sum not exceeding Two Shillings:
For every Horse, Mule or Ass not drawing any Carriage, any Sum not exceeding Two Pence:
For every Foot Passenger, One Penny:
For every Drove of Oxen, Cows or Neat Cattle, any Sum not exceeding One Shilling and Eight Pence per Score; and so in proportion for any greater or less Number:
For every Drove of Hogs, Calves, Sheep or Lambs, any Sum not exceeding Ten Pence per Score; and so in proportion for any greater or less Number.

Exemption to the King and Royal Family. § 68. Power to lower Tolls of Conway and Menai Bridges. § 69. Exemption of Toll in favour of Sir Thomas Mostyn. § 70. Application of the Tolls of Conway Bridge. § 71. Appointing Toll Collectors. § 72. Recovery of Bridge Tolls. § 73. For settling Disputes concerning Tolls. § 74. Collector not putting up his Name on the Front of the Toll Houses, and offending in the several Particulars herein mentioned, Penalty not exceeding 5l.—§ 75. Composition may be made by the Commissioners with the Inhabitants of Anglesea, Carnarvon and Denbigh for the Passage of Menai and Conway Bridges. § 76. Tolls to be taken but once a Day, except for Stage Coaches, Carriages or Caravans. § 77. So much of recited Act 59 G. 3. c.48. as relates to constructing a Swivel Bridge repealed. Commissioners may form an Embankment on Stanley Sands. § 78. Satisfaction shall be made to Owners of Lands adjoining the Stanley Sands for Damage sustained by them. § 79. If any Surplus remain after building Conway Bridge, a Road to be made from Aber to Conway. § 80. Commissioners under this Act to exercise all the Powers under 55 G. 3. c. 152. 1 G. 4. c. 70. and 1 & 2 G. 4. c. 35.—§ 81. Commissioners empowered to take down Houses, &c. described in the Schedule. § 82. Misnomer or wrong Descriptions in the Schedule not to prevent the Execution of this Act. § 83. Commissioners may cause Roads to be surveyed and Plans laid before Trustees. §84. Reports to be made to the Commissioners of the State of the Roads, by Persons appointed by them to survey the same. § 85. Power for Trustees to contract with the Commissioners to repair the Roads by the Year. § 86. No new Plantations to be made within Fifty Feet of the Centre of the Road. § 87. Provision for Payment of the Interest of 4000l. and 8000l. advanced by Exchequer Bill Commissioners. 57 G. 3. c. 34. 57 G. 3. c. 124. 1 G. 4. c. 60.—§ 88. Trustees of the Stonebridge and Birmingham Roads, and the Trustees of Bilston Roads, discharged from Payment of the said Sums of 4000l. and 8000l.—§ 89. The said Sums to be applied under the Powers of 1 & 2 G. 4. c. 30.—§ 90. The New Road at St. Albans to be supported for Two Years by the Commissioners, and then to be made over to the St. Albans Trust. § 91.

Power to the Trustees of St. Albans Trust to take Tolls.                                                   XCII. And be it further enacted, That it shall and may be lawful for the said Trustees of the Saint Albans Trust, and they are hereby authorized and required, when and as soon as the said new Road, commencing at or near the The Peahen Inn, shall be completed and opened to the Public, to cause a Toll Gate or Gates, or Bar or Bars, and Toll House or Houses, to be erected and set up on or by the Side of such Part or Parts of the said last mentioned new Road as to them shall seem most convenient; and it shall and may be lawful for the said last mentioned Trustees, and they are hereby authorized, empowered and required, when and as soon as such Toll Gate or Gates, or Bar or Bars, and Toll House or Houses, shall be completed, to take, demand and collect of the Person or Persons attending any Horses, Cattle or Carriages passing along the said last mentioned new Road, and through the said Toll Gate or Bar, before any Horse, Beast, Cattle or Carriage shall be permitted to pass through the same, the Tolls following; that is to say,
For every Horse, Mule or other Cattle, drawing any Coach, Landau, Hearse, Chariot, Gig, Waggon, Cart or other Carriage of any Description, any Sum not exceeding the Sum of One Penny Halfpenny:
For every Horse, Mule or Ass, laden or unladen, and not drawing, any Sum not exceeding the Sum of One Halfpenny:
For every Drove of Oxen or other Neat Cattle, any Sum not exceeding the Sum of Ten Pence per Score, and so in proportion for any greater or less Number:
For every Drove of Calves, Hogs, Sheep or Lambs, any Sum not exceeding the Sum of Five Pence per Score, and so in proportion for any greater or less Number.

Tolls to be paid but once a Day, except for Stage Coaches and Caravans. § 93. Tolls to be increased and afterwards reduced. § 94. Trustees of St. Albans Trust to execute an Assignment to the Commissioners for the Issue of Exchequer Bills of the Tolls, as a Security for Repayment of 10,000l. with Interest at 4l. per Cent. per Annum. § 95. Application of the Money arising by the Tolls. § 96. Tolls may be levied by the Trustees of St. Albans Trust on the new Line of Road as other Tolls. § 97. Commissioners may erect Toll Gates and levy Toll if Trustees neglect. § 98. For stopping up certain Roads and Footpaths. § 99. The Road from Hadley to Mims not to be proceeded in. § 100. Kingsbury Lane to be widened by the Commissioners. § 101. For selling Land not wanted by the Commissioners. § 102. Trustees of the District of the Wolverhampton Trust to continue the additional Tolls. § 103. Trustees of the Wolverhampton Trust to execute to the Commissioners for the Issue of Exchequer Bills a further Charge on the additional Tolls for paying off certain Sums advanced. § 104. Trustees of the Hockliffe and Stratford Road to continue the additional Tolls. § 105. Trustees of the Hockliffe and Stratford Road to execute to the Commissioners for the Issue of Exchequer Bills a further Charge on the additional Tolls for paying off a certain Sum advanced. § 106. Trustees of Wolverhampton Road, or of Hockliffe and Stratford Road, neglecting to continue Tolls, the Commissioners shall take Possession of Gates, and levy the same. § 107. Altering Interest on the 4000l. and 8000l. advanced, from 5l. per Cent. per Annum, to 3l. per Cent. per Annum. § 108. New Road at Stowe to be repaired for Two Years by Commissioners, and then made over to Trustees of the Stratford and Dunchurch Trust. 3 G. 4. c. xci.—§ 109. Improvements at Barnet and Prickler’s Hills. § 110. In case Act under which Trustees are appointed should expire, Commissioners to collect the Tolls. § 111. New Line of Road from Irishman’s Bridge to Whitehurst Gate. 41 G. 3. c. 88.—§ 112. Sale of the old Road by the Commissioners. § 113. New Cut to be made to avoid Tallypont Hill; and the old Road from Bangor to Aber to be stopped up. 30 G. 3.—§ 114. Tolls not to be taken on the Road from Bangor to Conway, except on the Road leading to Bishop’s Mill on the Road to Capel Cerig. § 115. Appointment of Treasurer, Clerk and other Officers by Commissioners. § 116. Officers to continue. § 117. Officers to give Security and Account. § 118. Recovery of Penalties and Forfeitures. § 119. For securing transient Offenders. § 120. Proceedings not to be quashed for want of Form. § 121. Persons aggrieved may appeal to the Quarter Sessions. § 122. Limitation of Actions. General Issue. Treble Costs. § 123.

Reports to be made of the State of the Harbours, Bridges and Roads.                                        CXXIV. And be it further enacted, That the said Commissioners by this Act appointed shall, on or before the Twenty fourth Day of June in every Year, report in Writing to His Majesty, and to both Houses of Parliament, their Proceedings, and the State and Condition and Repair of the said Harbours of Howth and Holyhead, and of the said Bridges over the Menai Straits and over the River Conway respectively, and of the several Roads hereby placed under their Superintendance, and of all new Works and Improvements carrying on in or upon the said Harbours, Bridges and Roads, or any of them, and present an Account of the Money advanced to and expended by the said Commissioners on each of the said Harbours, Bridges and Roads, in the Year ending the Fifth Day of April then last past, together with any Observations they may think proper.

Public Act. § 125.


Be it enacted by the King’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:
Prohibition of the use of the word Anzac in connection with any trade, &c.  1.—(1) As from the commencement of this Act it shall not be lawful to use in connection with any trade, business, calling, or profession the word “Anzac,” or any word closely resembling that word, without the authority of a Secretary of State, given on the request of the Government of the Commonwealth of Australia or of the Dominion of New Zealand, and this prohibition shall apply notwithstanding that such word forms part of any trade mark, or of the name of any company or society or other body, which has been registered before the passing of this Act.

(2) If any person acts in contravention of this Act he shall be guilty of an offence against this Act, and liable on convition under the Summary Jurisdiction Acts to a fine not exceeding ten pounds, or in the case of a second or subsequent conviction not exceeding one hundred pounds; and when a company or society is guilty of any such contravention, without prejudice to the liability of the company or society, every director, manager, secretary, or other officer of the company or society who is knowingly a party to the contravention, shall be guilty of an offence against this Act and liable to the like penalty.

Short title and commencement.                                               2. This Act may be cited as the “Anzac” (Restriction on Trade Use of Word) Act, 1916, and shall come into operation at the expiration of three months from the passing thereof.

Printed by Eyre and Spottiswoode, Limited,
for
Frederick Atterbury, Esq., C.B., the King’s Printer of Acts of Parliament.


[Preamble recites 38 & 39 Vict. c. 4.]
Unhealthy Places.
Determination of places to be deemed unhealthy.                       1. The Treasury may from time to time by order declare that any country or place therein named shall be deemed, and the same shall thereupon be deemed, for the purposes of the Superannuation Act, 1859, and this Act, to be an unhealthy place.

22 Vict. c. 26.
The Treasury may from time to time by order revoke or vary an order previously made under this section, but the amount of superannuation compensation gratuity or other allowance to be granted to any person serving, before the date of the order of revocation or alteration in the unhealthy place affected thereby, shall be the same as if it had not been made.

Special rate of pension to person who has served in unhealthy place.  2. For the purpose of reckoning the amount of any superannuation, compensation, gratuity, or other allowance to be granted under the Superannuation Act, 1859, to a person who has served, in an established capacity in the permanent civil service of the State, two years’ service in an unhealthy place shall be reckoned as service for three years, and service in an unhealthy place for any greater or less period than two years shall be reckoned in the like proportion.

Provided that nothing in this section—
(1.) Shall alter so much of section two of the Superannuation Act, 1859, as requires a service of ten years before an annual superannuation allowance can be granted; or
(2.) Shall, without the consent of the Treasury, apply to a person who was residing in an unhealthy place when he entered the permanent civil service of the State.

Supplemental.
Orders to be laid before Parliament.                                  3. Every order under this Act shall be laid before both Houses of Parliament in accordance with section thirteen of the Superannuation Act, 1859.

Commencement.                                                         4. This Act shall apply to persons who have retired from the public service since the seventeenth day of February one thousand eight hundred and seventy-five.

Construction and short title.                                         5. This Act may be cited as the Superannuation Act, 1876, and shall be construed as one with the Superannuation Act, 1859, and that Act and this Act may be cited together as the Superannuation Acts, 1859 and 1876.

[S. 6 rep. 46 & 47 Vict. c. 39 (S.L.R.)]