15 Geo.2. c. 30.                                                                                Whereas an Act was made in the Parliament of Great Britain in the fifteenth year of the reign of his late Majesty King George the Second to prevent the marriage of lunatics: And whereas it is expedient that the provisions of the said Act should be extended to Ireland: 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 from and after the expiration of ten days after the passing of this Act, in case any person who has been or at any time hereafter shall be found a lunatic by any inquisition taken or to be taken by virtue of a commission under the great seal of Great Britain or the great seal of Ireland respectively, or any lunatic or person under a phrenzy, whose person and estate by virtue of any Act of Parliament now or hereafter shall be committed to the care and custody of particular trustees, shall marry before he or she shall be declared of sane mind by the lord high chancellor of Great Britain or Ireland or the lord keeper or lords commissioners of the great seal of Great Britain or Ireland for the time being or such trustees as aforesaid or the major part of them respectively, as the nature of the case shall require, every such marriage shall be and is hereby declared to be null and void to all intents and purposes whatsoever.

If persons found lunatic marry before declared sane by lord chancellor, &c. such marriages shall be void.


[S. 1 rep. 30 & 31 Vict. c. 23. s. 3. Ss. 2, 3 rep. 33 & 34 Vict. c. 99.]

Stamp duties on probates, &c. on the value of British ships at sea at death of testator, &c.                                                  4. And whereas certain ad valorem stamp duties are by several statutes in that behalf granted and imposed upon or in respect of the following instruments; (that is to say,)

Probate of a will and letters of administration, with or without a will annexed, to be granted in England or Ireland ;
Inventory to be exhibited and recorded in any commissary court in Scotland of the estate and effects of any person deceased :
Be it enacted, that the said stamp duties shall be charged and paid in respect of the value or any ship or any share of a ship belonging to any deceased person which shall be registered at any port in the United Kingdom, notwithstanding such ship at the time of the death of the testator or intestate may have been at sea or elsewhere out of the United Kingdom; and for the purpose of charging the said duties such ship shall be deemed to have been at the time aforesaid in the port at which she may be registered.

Probates, &c. exempted from stamp duty where the effects do not exceed 100l.                                                                  5. No stamp duty shall be chargeable on any such probate, letters of administration, or inventory as aforesaid in any case where the whole estate and effects of the deceased person dying after the passing of this Act (exclusive of what he shall have been possessed of or entitled to as a trustee for any other person or persons, and not beneficially,) shall be sworn not to exceed and shall not actually exceed in value the sum of one hundred pounds.

Stamp duties on certain licences to be for the future Excise duties.                                                                          6. [Recital.] The duties now payable by law upon or in respect of the licences to be taken out in the United Kingdom by persons carrying on the trades and businesses herein-after mentioned, as described and defined by the several statutes relating to such licences and trades or businesses respectively, (that is to say,)

Appraisers,
Pawnbrokers,[1]

. . . . . . . . . . . .
Owners, proprietors, makers and compounders of, and persons uttering, vending, or exposing to sale, or keeping ready for sale, any medicine liable to stamp duty,

. . . . . . . . . . . .
House agents,
Sellers of playing cards (being makers thereof),

. . . . . . . . . . . .
shall respectively be denominated and be deemed to be duties of Excise; and the said licences respectively shall be granted by such officer or officers of Excise, and shall be in such form, as the Commissioners of Ireland Revenue shall direct in that behalf ; and all powers and directions granted to or to be observed by any officer of stamps, and now in force, contained in any Act relating to the said duties or licences, or to the said trades and businesses, or any of them, may be executed and enforced and shall be observed by any officer or Excise; and all such duties, and all fines, penalties, and forfeitures imposed by any Act or Acts of Parliament upon any person who shall carry on any of the said trades or businesses without being duly licensed, or who shall do or omit to do any act or thing in any manner contrary to the provisions of any Act of Parliament relating to the said licences, or to the said duties, or any of them, may be collected, sued for, recovered, levied, mitigated, paid, and applied by the same means and methods, and in like manner, and under the same general or special powers, provisions, regulations, and directions, as to appeal, and in all other respects, as any other duties of Excise, or any fines, penalties, or forfeitures, are directed to be collected, sued for, recovered, levied, mitigated, paid, and applied, under any Act relating to the Excise revenue, as well as by the means and methods and in the manner directed by the said Act or Acts relating to the said duties or licences, or to the said trades or businesses, and in force at the time of the passing of this Act.

[S. 7 rep. 51 & 52 Vict. c. 33. s. 8. Ss. 8, 10, 11 rep. 43 & 44 Vict. c. 19. s. 4. S. 9 rep. 38 & 39 Vict. c. 66. (S.L.R.) Ss. 12, 13 rep. 52 & 53 Vict. c. 42. s. 36.]

Auctioneers not to deal in or sell commodities for sale of which an Excise licence is required, except upon premises licensed for such sale.  14. [Recital of 8 & 9 Vict. c. 15. s. 6.] No licence taken out by any person to exercise or carry on the trade or business of an auctioneer shall authorize such person to deal in or sell, either on his own account or for his own benefit, or on account of or for the benefit of any other person, any commodities for the dealing in or selling of which an Excise licence is required, except upon premises in respect of which the owner of such commodities shall have taken out and shall have in force at the time of the sale thereof the proper Excise licence for the sale of such commodities: Provided, that any such licensed auctioneer may sell by auction, by sample, in any town or place, any such commodities, as aforesaid, if the owner thereof shall be duly licensed for the sale of such commodities, in the same town or place; and provided also, that the Commissioners of Inland Revenue may in their discretion authorize any licensed auctioneer to sell any such commodities by auction, where they shall be satisfied that the said commodities are the property of a private person, and are not sold for profit or by way of trade; and if any person shall sell by auction any such commodities contrary to or otherwise than as allowed by this section, he shall incur the penalties imposed upon persons dealing in or selling such commodities without the Excise licences required by law.

[Ss. 15, 19 rep. 43 & 44 Vict. c. 19. s. 4. Ss. 16, 17 rep. 33 & 34 Vict. c. 99. S. 18 rep. 38. & 39 Vict. c. 66. (S.L.R.)]

[1 Short title, “The Revenue (No. 2) Act, 1854.” See 55 & 56 Vict. c. 10.]

[1 Section 6, as far as the same relates to pawnbrokers’ licences, is rep. except as to Ireland, 35 & 36 Vict. c. 93. s. 4.]


[Ss. 1–3 (being Part I.) rep. 61 & 62 Vict. c. 22 S.L.R.)]
Part II.
Supplemental Provisions.
[Ss. 4–15 rep. 61 & 62 Vict. c. 22 (S.L.R.)]
Arrears of rent how dealt with.                                            16. [Power of Land Commission to make advances to landlord in respect of arrears of rent and by order to declare the holding charged with the repayment of the advance by a rentcharge, rep. 61 and 62 Vict. c. 22 (S.L.R.)] The charge declared by the order as aforesaid shall have priority over all charges affecting the holding, except quit-rent and crown rent, and sums payable to the Commissioners of Public Works, and shall be payable by the tenant of the holding for the time being, and shall be levied and collected in manner herein-after provided; and in the event of the tenant failing to pay any half-yearly instalment of the said charge for the space of twelve months after the same shall have accrued due, then and in every such case the amount of such instalments, together with the entire of the unpaid residue of such charge, with interest as ascertained by the Land Commission, shall forthwith be payable by the tenant, and the amount thereof shall be raised by sale of the tenancy in the prescribed manner.

. .
In the event of such default by the tenant for the space of twelve months as aforesaid, it shall be lawful for the county court of the county in which the holding is situate, on the application of the Land Commission, to order a sale of such tenancy, which shall be sold, and the proceeds of such sale dealt with by the said county court in the prescribed manner.

If the proceeds of any such sale fail to realise the amount ascertained by the Land Commission [1] as aforesaid, together with the cost of sale, the amount of the deficiency shall be paid by the landlord of the said holding, and shall be a charge upon his estate and interest therein, and shall be collected and levied in the prescribed manner: Provided, that on any transfer of the tenant's interest in the holding by sale, the principal sum and interest, if any, remaining due to the Land Commission, shall be paid out of the purchase money to the Land Commission.

On the order of the Land Commission being made as aforesaid in relation to any holding such antecedent arrears shall be deemed to be absolutely released.

The landlord and tenant may agree that any rent paid by the tenant in or subsequent to the year expiring as aforesaid shall be deemed, for the purposes of this section, to have been paid in respect of the rent due for that year, and not in respect of arrears of rent.

Where arrears of rent in respect of a holding are due to some person or persons besides the landlord the advance made under this section shall be rateably distributed amongst the persons entitled thereto.

33 & 34 Vict. c. 46.                                                       The omission or refusal by either landlord or tenant of any holding to join with the other of them in obtaining a loan from the Land Commission under this section shall not prejudice any other application or proceeding which either of them may make or institute under this Act or the Landlord and Tenant (Ireland) Act, 1870, or the Land Law (Ireland) Act, 1881, in relation to such holding.

44 & 45 Vict. c. 49.
The Land Commission shall, at such time after the expiration of each period of twelve months as the Treasury may from time to time appoint, make up an account showing for the said period of twelve months the amount of all such payments due to them in respect of rentcharges payable to them under this section as they have failed to recover at the expiration of the said period.

Whenever, in the case of any tenant evicted for non-payment of rent, or in case the holding of the tenant has been sold and purchased by the landlord, and possession taken thereof by him, since the first day of May one thousand eight hundred and eighty, the landlord agrees to reinstate such tenant on the terms in this section set forth, this section shall apply as if such tenant had not been so evicted from his holding.

Exemption in respect of public charges upon arrears of rent extinguished.  17. Where, in the case of a holding of which any person is owner, antecedent arrears of rent due in respect of any year or years, or portion of a year, have been extinguished in pursuance of this Act, and any public charge or tax accrued during such year or years, or portion of year or years, is due from such person as or in consequence of his being owner of such holding, then, on proof to the satisfaction of the Land Commission that the owner has, during such time as aforesaid, received no rent, or an amount of rent less than the full rent, such public charges or taxes shall, if no rent has been received, be wholly remitted, and if an amount of rent less than the full rent has been received, be remitted in proportion to the amount of rent not received.

Where a person has paid any public charges or taxes which, if not paid, would be remitted under this section, the amount which would have been so remitted shall be allowed as a deduction from any future payment or payments of the public charges or taxes of the same description, or may be recovered as a debt from the authority to whom it may have been paid.

Any payment which an owner may receive under this Act in respect of arrears of rent shall, for the purposes of this section, be taken into account as rent.

The Land Commission shall ascertain, for the purposes of this section, in such manner as they think best calculated to ascertain the truth, the amount of public charges or taxes due in any year or portion of a year from a person as or in consequence of his being owner of a holding.

“Public charges or taxes” means tithe rentcharge payable to the Land Commission, income tax, quit-rent, or any of such charges or taxes.

Part III.
Emigration.
Power of guardians to borrow for emigration.                               18. The board of guardians of any union in Ireland are authorised to borrow money for the purpose of defraying or assisting to defray the expenses of the emigration of poor persons resident within their union, or any electoral division thereof, in manner provided by the Poor Relief (Ireland) Act, 1849, as amended by subsequent Acts, subject to the following modifications; (that is to say),
12 & 13 Vict. c. 104.
(1.) The provisions of the said Act in relation to the repayment of the advance by annual instalments shall not apply;
(2.) The advances may be made by the Commissioners of Public Works out of any moneys granted to them for the purpose of loans in place of the Public Works Loans Commissioners;
(3.) Every such advance made by the Commissioners of Public Works shall bear interest at the rate of three-and-a-half per centum per annum, or at such other rate as the Treasury may from time to time fix, in order to enable the advance to be made without loss to the Exchequer:
(4.) Every such advance made by the Commissioners of Public Works, and the interest thereon, shall be repaid within such period from the date of the advance, not being less than fifteen years nor more than thirty years, as the Treasury may from time to time fix.

Orders for payment of loans may be made by Local Government Board.         19. If at any time the Commissioners of Public Works in Ireland certify that any sum remains due to them from the board of guardians of any union on account of any loan or advance made under this Act, and is then payable to the Commissioners, the Local Government Board shall, by order under their seal, require the guardians of the union to pay the sum so certified, and shall send copies of such order to the board of guardians and to the treasurer of the union; and thereupon the treasurer of the union shall, out of any money then in his hands to the credit of the guardians, or if such money is insufficient for the purpose, then out of all moneys subsequently received by him on account of the guardians, pay over the amount mentioned in the order to the Commissioners of Public Works. The guardians of the union shall debit the several electoral divisions with such proportions of that sum as may be payable by such electoral divisions respectively.

[S. 20 rep. 54 & 55 Vict. c. 48. s. 35 (4).]
Rules.                                                                     21. The Lord Lieutenant may from time to time make provision that arrangements shall be made for securing the satisfactory emigration of persons for whom means of emigration are provided under this Act, by prescribing rules in relation to such matters, and for the employment of special agents for that purpose, and otherwise as he thinks expedient. And any grants made under this Act for emigration purposes shall be applicable to defraying the expenses of such arrangements in such manner as the Lord Lieutenant directs.

[S. 22 rep. 61 & 62 Vict. c. 22 (S.L.R.)]
Rules for carrying Act into effect.                                        23. The Land Commission shall from time to time circulate forms of application and directions as to the mode in which applications are to be made under this Act, and may from time to time make, and when made may rescind, amend, or add to, rules with respect to the following matters, or any of them:
(1.) The tribunal, whether Land Commission, civil bill court, sub-commission, or member of the Land Commission or a sub-commission by which such applications are to be heard:
(2.) The mode of making applications under this Act, and the manner in which the tenant shall set out any property or effects of which such tenant may be possessed or entitled to, and which would be applicable to the satisfaction of any arrears of rent, and the conduct of proceedings before any tribunal hearing applications under this Act:
(3.) The conditions and circumstances on and in which appeals may be had to the Land Commission where applications have not been heard by the Land Commission:
(4.) The mode in which the expenses of hearing any application under this Act or of any appeal are to be defrayed:
(5.) The attendance and discharge of duties by the officers of the civil bill courts before the Land Commission and sub-commissions when holding sittings under this Act:
(6.) The service of notices on persons interested, and any other matter by this Act directed to be prescribed:
(7.) The mode of collecting, suing for, recovering, and accounting for charges and instalments of charges, and the procedure for the sale of tenancies to raise the amount of such charges, and for dealing with the proceeds of such sales under this Act:
(8.) As to any other matter or thing, whether similar or not to those above mentioned, in respect of which it may seem to the Land Commission expedient to make rules for the purpose of carrying this Act into effect.

Any rules made in pursuance of this section shall be of the same force as if enacted in this Act, and shall be judicially noticed.

Short title of Act.                                                        24. This Act may be cited for all purposes as the Arrears of Rent (Ireland) Act, 1882.

[First Sched. rep. 61 & 62 Vict. c. 22 (S.L.R.) Second Sched. referred to in s. 20 falls with repeal of that section.]

[1 Short title, “The Arrears of Rent (Ireland) Act, 1882.” See s. 24.]

[1 The repealed part of the section empowered the Land Commission in each half year to transmit to the clerk of every union, a warrant setting forth the names of the tenants within the union, liable to pay the charges or instalments, and the amount due and the warrant was to be judicially noticed and be conclusive evidence of the arrears due.]


[Preamble recites incorporation of Commissioners of Education in Ireland under 53 Geo. 3. c. 107.]

Archbishop of Cashel and coadjutor, chief secretary to lord lieutenant, and the member of Parliament for Trinity College, Dublin, shall be additional commissioners of education in Ireland.  [1.] The archbishop of Cashel and his coadjutor now and hereafter for the time being, the chief secretary of the lord lieutenant and the member chosen to serve in Parliament for the said Trinity College in Dublin now and hereafter for the time being, shall be and are hereby appointed and shall be deemed and taken to be respectively commissioners of education in Ireland, and members respectively of the said corporation, to all intents and purposes, as fully and effectually, and with all such rights, powers, and privileges, as if they had respectively been included and mentioned as such commissioners and members of the said corporation in the said recited Act.

Lord lieutenant may name two other residents in Dublin to be additional commissioners.                                                                                2. And it shall and may be lawful to and for the lord lieutenant to appoint two other proper and discreet persons, who shall be usually resident in the city of Dublin, to be commissioners of education in Ireland, and to be removable at the pleasure of the lord lieutenant; and such two persons so to be appointed shall thereupon become and be two of the commissioners of education in Ireland, and members respectively of the said corporation, during the pleasure of the lord lieutenant as fully and effectually as if they had been so constituted, appointed, and specified in and by the said recited Act.

[S. 3 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
Seal of corporation may be affixed by three commissioners, &c.                                                                                4. The seal of the said corporation may be affixed to any deed, act, or instrument, in the name of the said corporation, at any meeting of the said commissioners, or of any three of them, of whom the lord primate, the lord chancellor, or any of the archbishops of Dublin, Cashel, or Tuam, or the chief justice of the Court of King’s Bench, or the chief secretary of the lord lieutenant, or the provost of Trinity College, Dublin, for the time being respectively, shall be one.

Commissioners may hold visitations of schools mentioned in recited Act in Dublin.                                                                                5. And whereas doubts are entertained whether the said commissioners can lawfully hold a visitation of any of the schools mentioned in the said Act in the city of Dublin: Be it therefore declared and enacted, that it shall and may be lawful to and for the said commissioners, or any three of them, to hold any visitation of any such school in Ireland, at such place in the city of Dublin as they shall respectively appoint, and at such visitation to use and exercise all and every the rights, powers, authorities, and privileges which they are respectively empowered by the said Act to use or exercise at any visitation, and at any place whatsoever; and that each and every act, matter, and thing done by such commissioners at, or in pursuance of, or after any such visitation, shall be of the same force, validity, and effect, to all intents and purposes, as if such visitation had been held at such school.

Commissioners may appoint deputy visitors by instrument under their corporate seal.                                                                                6. [Recital.] . . . It shall and may be lawful to and for the commissioners of education in Ireland, by deed or instrument under the common seal of the said corporation, from time to time to depute and appoint, when it shall seem to them requisite so to do, one or more person or persons, for them and in their stead to visit any of the schools mentioned in the said Act, and to proceed with and in such visitation in manner in the said Act directed in that behalf, and not otherwise.

Such Deputy visitors shall takethe following oath.                                                                                7. Every person so appointed by the said commissioners to visit any of the said schools shall, before he shall do any act under or by virtue of such appointment, take the following oath before any one or more of the said commissioners holding the office of a commissioner or commissioners in right of his or their respective offices aforesaid; (that is to say,)

‘I A.B. having been appointed by the commissioners of educacation in Ireland, for them and on their behalf to visit the school of , do swear, that I will faithfully and diligently execute the duties of the said office, according to the best of my skill and judgment, and without favour or partiality to any person or persons whatsoever. So help me GOD.’ Which oath any one or more of such commissioners respectively is and are hereby authorized and empowered to administer.

Surplus of funds of any of the free schools of Armagh, &c. may be applied, in the first instance, in the maintenance and improvement of any other of such schools;                            8. And whereas by the said recited Act the several lands, tenements, and hereditaments granted by King Charles the First for the use of the masters of the schools of Armagh, Dungannon, Enniskillen, Rephoe, Cavan, Bannagher, and Carysfort, are vested in the said commissioners and their successors for ever, for the maintenance and support of the masters of the said several schools, and of under masters when necessary, and to the enlarging, furnishing, and providing the school-houses and grounds thereof respectively, in manner therein mentioned; and it is by the said Act provided, that the residue of any of the funds of the said schools respectively shall be applied in the supporting of free scholars in such schools respectively, and to the endowment of exhibitions to Trinity College: And whereas it is expedient that the said commissioners of education should have power, in the first instance, to apply such residue as herein-after provided: Be it therefore enacted, that whenever any residue shall remain of the funds of any of the said schools last mentioned, after defraying the expence of the master and of the under master or masters (if any), and of all enlargements and improvements of and in the school house, grounds, appurtenances, and furniture thereof, which shall be thought necessary, as by said Act is directed, it shall and may be lawful to and for the said commissioners of education, if they shall think fit, to cause such residue, or such part or share thereof as they shall deem sufficient, to be applied to and in the like maintenance and improvement of any other or others of the said schools last mentioned, whose funds may stand in need of such aid; and if such residue shall be more than sufficient for that purpose, then so much as shall remain thereof shall be applied in manner in the said recited Act directed.

53 Geo. 3. c. 107. ss. 11, 12.
and advances may be made, under 53 Geo.3. c. 107. s. 19, on the security of the surplus funds of any of such schools, for the improvement of any other of such schools.                       9. In any such case, if there shall be an occasion for an advance of money according to the provisions of the said recited Act of the fifty-seventh [1] year of his late Majesty’s reign, it shall and may be lawful to and for the said commissioners of education to petition the lord lieutenant for such advance, on the security of such residue of the funds of any one or more of the said last-mentioned schools, to be applied to the improvement of any other or others of such schools, and for the purposes of such improvement; and it shall be lawful to and for the lord lieutenant to order such advance to be made, in such and the like manner in all respects as is provided in the said Act in cases where the sum advanced is to be applied for the benefit of any school on whose funds the repayment thereof is to be secured; and such advance so ordered shall be made in such and the like manner, and on the same terms and conditions, and no other, as in the said Act is provided with respect to any advances authorized by the said recited Act.

[S.10 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
Powers of commissioners to visit certain schools of private foundation shall extend to future private schools of a like nature.                                                               11. [Recital.] All and every the powers by the said recited Act granted to or vested in the commissioners of education, for visiting and regulating such schools of private foundation and endowment as were existing at the time of the passing of the said Act, shall extend to all schools of the nature and description in the said Act mentioned, which have been or shall be built, erected, founded, or endowed in Ireland at any time after the passing of the said recited Act or this Act, in the same manner and to the same extent in all respects whatsoever, as if such schools had been founded, endowed, and erected previous to the passing of the said recited Act, and not further or otherwise.

Advances for building schools, &c. may be repayable by instalments of six per cent. per annum instead of ten per cent as under 53 Geo. 3. c. 107. s. 19.                                      12. Upon any petition to the lord lieutenant, from the commissioners under the said recited Act, for the advance of money for purchasing, building, rebuilding, enlarging, or repairing any school house belonging to any school under the jurisdiction of the said commissioners, or any of the appurtenances or accommodations belonging to or necessary for the convenient use of such school, setting forth what yearly sum, not being less than six per centum on the sum required, can be paid out of the revenue of such school to replace the sum so advanced, it shall and may be lawful for the lord lieutenant if he shall think proper so to do, to direct that such sum as he shall think proper, not exceeding the sum required by such petition, shall be advanced and repaid in like manner as such lord lieutenant is by the said Act authorized to do in case of a petition setting forth what yearly sum less than ten per centum can be paid out of the revenue of such school, and as if the said sum of six per centum had been mentioned in the said Act instead of the said sum of ten per centum; anything in the said recited Act to the contrary notwithstanding.

[S. 13 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
[1 So in Parliament Roll.]


[29th October, 2018]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title
1. This Act may be cited as the Markets in Financial Instruments Act 2018.

Expenses
2. The expenses incurred by the Minister for Finance 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 moneys provided by the Oireachtas.

Repeal
3. Section 5 of the Markets in Financial Instruments and Miscellaneous Provisions Act 2007 is repealed.

PART 2
Markets in Financial Instruments
Definition (Part 2)
4. In this Part “Act of 1942” means the Central Bank Act 1942 .

Regulations concerning markets in financial instruments: provision of indictable offences
5. (1) In this section—
“relevant offence” means an offence under Regulation 119(8) or (9) of the relevant Regulations where the contravention concerned is—
(a) a contravention consisting of providing an investment service or performing an investment activity without the required authorisation in accordance with Regulation 5 of those Regulations,
(b) a contravention of any provision of those Regulations specified in the Table to this section, or
(c) a contravention consisting of a failure to comply with a requirement made, pursuant to Regulation 95(2) of those Regulations, by an authorised officer within the meaning of those Regulations;
“relevant Regulations” means the European Union (Markets in Financial Instruments) Regulations 2017 ( S.I. No. 375 of 2017 ).

(2) A person who is guilty of a relevant offence shall be liable, on conviction on indictment, to a fine not exceeding €10,000,000 or imprisonment for a term not exceeding 10 years or both.
(3) Subsection (2) is without prejudice to any penalties provided by the relevant Regulations in respect of a summary conviction for the relevant offence.

Table
Regulation 16
Regulation 20(1), (2), (7) or (8)
Regulation 23(1)(k), (l) or (m)
Regulation 23(11)
Regulation 24(11)
Regulation 28(1)
Regulation 30
Regulation 31
Regulation 35
Regulation 36
Regulation 37(8)
Regulation 59
Regulation 70(a), (d), (e) or (f)
Fees in respect of performance by Central Bank of Ireland of certain functions
6. Fees shall be payable in accordance with section 32E (inserted by section 14 of the Central Bank Reform Act 2010 ) of the Act of 1942 in respect of the performance by the Central Bank of Ireland of its functions under the European Union (Markets in Financial Instruments) Regulations 2017.

Amendment of Schedule 2 to Act of 1942
7. The Act of 1942 is amended in Part 1 of Schedule 2 by the insertion of the following:
“
”.
PART 3
Amendment of Enactments concerning Credit Reporting and Financial Services and Pensions Ombudsman
Amendment of section 2 of Credit Reporting Act 2013
8. Section 2 of the Credit Reporting Act 2013 is amended—
(a) in the definition of “credit” in subsection (1), by the substitution of the following for paragraph (f):
“(f) in the form of trade credit, or”,
and
(b) by the insertion of the following after subsection (1):
“(1A) For the purposes of paragraph (f) of the definition of ‘credit’ in subsection (1), a loan, deferred payment or other form of financial accommodation (the ‘relevant credit’) is provided in the form of trade credit if the following conditions are satisfied—
(a) in the case of both the person (the ‘first-mentioned person’) by whom, and the person to whom, the relevant credit is provided, each is acting in the course of his or her business, trade or profession,
(b) the first-mentioned person is not a regulated financial services provider,
(c) the terms of the relevant credit provide for repayment, whether in instalments or as a single amount, of the whole of the credit by a date that is not later than 6 months after the date of its provision, and
(d) the purpose of the relevant credit is to facilitate the purchase of goods or services from the first-mentioned person.”.

Amendment of definition of “long-term financial service” in Financial Services and Pensions Ombudsman Act 2017
9. (1) Section 2 (1) of the Financial Services and Pensions Ombudsman Act 2017 is amended by the substitution of the following for the definition of “long-term financial service”:
“ ‘long-term financial service’ means—
(a) subject to paragraph (b) and subsection (3), a financial service the duration of which is a fixed term of 5 years and one month, or more, but, notwithstanding that the aggregate term of them may be 5 years and one month (or more), there does not fall within this paragraph a series of consecutive terms in respect of a financial service’s duration (provided no individual one of them is 5 years and one month, or more, in length), or
(b) a financial service that is—
(i) life assurance to which, by virtue of Regulation 4 of those Regulations, the European Communities (Life Assurance) Framework Regulations 1994 ( S.I. No. 360 of 1994 ) apply (not being life assurance falling within Class VII defined in the first Annex thereto), or
(ii) life assurance to which the European Union (Insurance and Reinsurance) Regulations 2015 ( S.I. No. 485 of 2015 ) apply (not being life assurance falling within paragraph 7, 8 or 9 of Schedule 2 thereto),
regardless, in either case, of whether the term of such life assurance is fixed at a specified calendar period or not;”.

(2) Section 2 of the Financial Services and Pensions Ombudsman Act 2017 is amended by the insertion of the following after subsection (2):
“(3) Notwithstanding the fact that the financial service does not fix its duration to be of a term such as is referred to in paragraph (a) of the definition of ‘long-term financial service’ in subsection (1), a financial service shall be regarded as falling within that definition if it would be reasonable for a consumer to expect its duration to be of at least the length referred to in that paragraph and that reasonable expectation arises by reason of—
(a) the manner in which the financial service operates to provide a financial benefit to the consumer,
(b) the type of assets with which its operation is connected, or
(c) representations made by the financial service provider,
as distinct from where such an expectation arises in the case of—
(i) a current account with a financial institution, or
(ii) any other financial service of an indefinite duration that is widely available and does not possess specialised characteristics.”.


[Preamble.]
[Ss. 1–4 rep. 24 & 25 Vict. c. 95. s. 1.]
On indictment for feloniously cutting, &c. the jury may convict of unlawfully cutting, &c.  5. If upon the trial of any indictment for any felony, except murder or manslaughter, where the indictment shall allege that the defendant did cut, stab, or wound any person, the jury shall be satisfied that the defendant is guilty of the cutting, stabbing, or wounding charged in such indictment, but are not satisfied that the defendant is guilty of the felony charged in such indictment, then and in every such case the jury may acquit the defendant of such felony, and find him guilty of unlawfully cutting, stabbing, or wounding; and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment for the misdemeanor of cutting, stabbing, or wounding.

[Ss. 6–9 rep. 24 & 25 Vict. c. 95. s. 1. S. 10 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Apprehension of persons committing indictable offences in the night.                        11. [Recital.] It shall be lawful for any person whatsoever to apprehend any person who shall be found committing any indictable offence in the night, and to convey him or deliver him to some constable or other peace officer, in order to his being conveyed, as soon as conveniently may be, before a justice of the peace, to be dealt with according to law.

Assaults on persons entitled to apprehend.                                                  12. If any person liable to be apprehended under the provisions of this Act shall assault or offer any violence to any person by law authorized to apprehend or detain him, or to any person acting in his aid and assistance, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned, with or without hard labour, for any term not exceeding three years.

Definition of night.                                                                        13. The time at which the night shall commence and conclude in any offence against the provisions of this Act shall be the same as in cases of burglary.

Costs of prosecutions.                                                                      14. In all prosecutions for any offence against the provisions of this Act, it shall be lawful for the court before which any such offence shall be prosecuted or tried to allow the expences of the prosecution in all respects as in cases of felony.

[S. 15 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
Extent of Act.                                                                              16. Nothing in this Act shall extend to Scotland.

[1 Short title, “The Prevention of Offences Act, 1851.” See 55 & 56 Vict. c. 10.]


[Preamble recites 1 & 2 Will. 4. c. 33.]
Memorial of grand jury for delay of repayment of advances from Public Works Commissioners.  1. Whenever any grand jury shall have obtained or shall obtain from the Commissioners of Public Works in Ireland any advance of public monies for the purpose of any public works, and shall desire that the time for repayment of that advance shall be enlarged beyond the period by the said Act provided, the secretary of such grand jury shall cause a memorial to be submitted to the said Commissioners of Public Works, setting forth the nature and particulars of such work, and the estimated expenses thereof, and the circumstances of the case, and requesting that any advance made by the said Commissioners for the purposes of the same may be repaid by half-yearly instalments of not less than five pounds per centum per annum of the money to be advanced; and thereupon, and upon such further inquiry as the said Commissioners may desire to be made, it shall and may be lawful to and for the said Commissioners of Public Works, by writing under the hand of their secretary for the time being, with the sanction of the Treasury, to certify at what rate, not being less than five pounds per centum, the several instalments in respect of such advances shall be presented, and the rate of interest to be paid therefor, and also the amount of the expenses which may have been incurred by the said Commissioners in the inquiry aforesaid; and thereupon it shall and may be lawful to and for any grand jury of a county, county of a city, or county of a town, at any assizes, or if in the county of Dublin, in any presenting term, in making any presentment under and by virtue of the aforesaid provisions of the said Act, as amended by this Act, to set forth in such presentment that the sum or sums of money to be advanced by the said Commissioners shall be raised and levied by such instalments as shall have been so certified by the said Commissioners in manner as aforesaid, and likewise to include in such presentment, in addition to all sums mentioned in the said Act in that behalf, a sufficient sum to defray the expenses attendant on any such inquiry so made at the desire of the said Commissioners; and this section of this Act shall be incorporated and read together with the said twenty-third section of the Public Works (Ireland) Act, 1831.

1 & 2 Will. 4. c. 33.
Commissioners of Public Works constituted a corporation.                                    2. For the purposes of this Act, and of taking, acquiring, and holding any lands in Ireland required for any department of the public service or for any public purpose, the Commissioners of Public Works in Ireland for the time being are hereby constituted a corporation, with perpetual succession and a common seal, and with power to hold lands of any tenure.

Lands to be held by Commissioners as a corporation.                                         3. All such lands so required and taken by the said Commissioners, or required to be transferred to or vested in their secretary by the provisions of any Act of the present or any former session of Parliament, shall be granted to and held by the said Commissioners as such corporation and not otherwise.

Lands previously vested in secretary to be now vested in Commissioners.                     4. All lands in Ireland vested in the present or any former secretary of the said Commissioners, or in the heirs, executors, or administrators of any such former secretary, or their or his assigns, and held by him or them in trust for any such public department, or on any public trust, or for the use and benefit of the Crown, shall, without any conveyance or assignment thereof, be vested in the said Commissioners as such corporation as aforesaid, to be held to such and the same uses and upon such trusts and purposes to and upon which the same were held respectively previously to the passing of this Act.

Commissioners entitled to benefit of all covenants, &c.                                     5. The said Commissioners so incorporated as aforesaid shall be entitled to the benefit of all covenants, conditions, or agreements in relation to the lands so transferred, express or implied, and on the part of the grantors or lessors of the same respectively to be performed, and to maintain all actions, suits, and other proceedings grounded upon such covenants or agreements in their own name as such corporation as aforesaid; and the said Commissioners as such corporation shall in like manner be liable to all payments, reservations, covenants, conditions, and agreements, express or implied, in respect of the same lands respectively, and on the part of the grantees or lessees of the said lands respectively, to be paid, observed, or performed: . . .

Interpretation.                                                                             6. The word “lands” or “land” in this Act shall be deemed to mean and include all hereditaments, corporeal and incorporeal, and whether held in fee simple, fee farm, or for a life or lives, or for lives and years concurrent, or for years only, and all rights, members, and appurtenances, appertaining to such lands, or usually held or enjoyed therewith; and the words “grand jury” shall, as regards any borough of which the council is authorized by law to make presentments, be held to include such council.

[1 Short title, “The Public Works (Ireland) Act, 1869.” See 59 & 60 Vict. c. 14.]


[Preamble.]
Ecclesiastical corporations may sell portions of land adjoining cemeteries for enlarging thereof; with certain consents.  [1.] It shall and may be lawful for any spiritual or ecclesiastical body corporate or spiritual person, being a corporation sole, possessing any land adjacent to any cemetery, churchyard, or burying ground, to sell, by indenture of bargain and sale, inrolled in the High Court of Chancery within six calendar months, for the purpose of consecration, such portion thereof as may be deemed necessary for enlarging any such cemetery, churchyard, or burying ground not exceeding one acre.

Value of the land to be ascertained.                                                                                2. Provided always, that in case of any spiritual person, being a corporation sole, the consent of the lord bishop of the diocese or ordinary, and of the patron of the living held by such corporation sole, shall be testified by their being parties to the alienation of the said land; and that previously thereto the value of such land shall be ascertained, and, together with a description thereof, be committed to writing by some competent person, to be named and appointed by the ordinary; which person so appointed shall verify the same on oath before some one of his Majesty’s justices of the peace for the county, town, or district in which such land is situated, which oath the said justice is hereby empowered to administer; and in case the value shall appear to exceed one hundred pounds, that other lands, of at least an equal value, estimated and verified in manner aforesaid, shall be well and legally conveyed to and for the same uses as the lands conveyed by the said spiritual persons or corporations sole, and as the consideration thereof; and in case the value shall appear not to amount to one hundred pounds but shall exceed twenty pounds, such value shall be paid to the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, to be by them used and applied for the benefit of such spiritual person or corporation sole, in the same manner as they are now empowered by law to use and apply other sums of money coming into their hands; and in case the value shall not amount to twenty pounds, the said value shall be paid in money to such spiritual person or corporation sole, to be by him applied at his own discretion.

If above 100l. other lands to be conveyed in exchange.
Application of the purchase money if under that value.
Limit of time within which alienations may be questioned.                                                                 3. Provided always, that no alienation made by virtue of this Act shall be questioned after the expiration of twenty years from the time of such alienation on account of any want of compliance with the forms prescribed by this Act.

Burial ground to be discharged of adverse titles, @AMP@amp;c. after 20 years from the consecration thereof.               4. All ground which has been or shall be consecrated as burial ground shall after twenty years from the time of such consecration be considered as discharged from all adverse titles, claims, and demands whatsoever, and as absolutely vested in the trustee or trustees, if any, thereof; and if there should not be any such trustee or trustees, then in the vicar or perpetual curate, if any, for the time being; and if there should not be any vicar or perpetual curate, then in the rector for the time being of each parish in which such burial ground is or shall be situate.

Vesting thereof.


[Preamble recites that certain moneys, which are in this Act referred to as the Sea and Coast Fisheries Fund, being the residue of a larger sum collected by public subscription for the relief of distress in Ireland in the year 1822, are now vested in trustees known as the Trustees to aid Sea and Coast Fisheries of Ireland, and are held by such trustees upon trust to apply the same for promoting and encouraging the Coast Fisheries in Ireland, and that under 37 & 38 Vict. c. 86, the Irish Reproductive Loan Fund is held by the Commissioners of Public Works in Ireland upon trust to dispose of the same by way of loan for the purposes of the said Act, and is appropriated among the counties enumerated in the schedule to the said Act in the proportions specified in that schedule, and that certain of the said counties in the said schedule abut upon the sea, and others do not, and that the purposes of 37 & 38 Vict. c. 86 include in the case of the counties so abutting on the sea certain purposes, in the said Act referred to as fishery purposes, and such fishery purposes, or some of them, are similar to those provided for by the trust of the said Sea and Coast Fisheries Fund, and that the counties so abutting on the sea as aforesaid for which provision has been made by 37 & 38 Vict. c. 86 are herein-after referred to as the endowed counties, and that it is expedient that the Commissioners of Public Works in Ireland should have power to administer the said Sea and Coast Fisheries Fund, when transferred to them, by way of loan for such fishery purposes as are referred to in 37 & 38 Vict. c. 86, in all or any of the counties of Ireland which abut upon the sea (in this Act referred to as “the maritime counties”), but that the said Commissioners should nevertheless in so administering the said fund have regard to the benefits conferred on the endowed counties by the Irish Reproductive Loan Fund, and should, so far as is consistent with justice, to the extent of such benefits give a preference to the maritime counties which are not so endowed.]

Short title.                                                                  1. This Act may be cited as the Sea and Coast Fisheries Fund (Ireland) Act, 1884.

Transfer of property to the Commissioners of Public Works in Ireland.         2. All property of every description, including all interests and rights in, to, and out of property, and including obligations and things in action, which may form part of the Sea and Coast Fisheries Fund, or may be vested in or under the control of the Trustees to aid Sea and Coast Fisheries of Ireland, or any of them as such trustees, or in or under the control of any other person whatsoever, as part or on account of the said fund, shall from and after the passing of this Act pass to and vest in the Commissioners of Public Works in Ireland (in this Act referred to as the Commissioners), subject to all debts and liabilities affecting the same, and immediately after the passing of this Act the said trustees shall transfer to the Commissioners all books, securities, papers, documents, and other property of every description held or possessed by them.

The Commissioners may enforce in their own name, or in the name of their secretary for the time being, or any such other person as they may direct, any remedies for the recovery of any portion of the said fund which if this Act had not passed might have been enforced by the said trustees, or any of them, or any person on their behalf, and any sums of money due to the trustees at the time of the passing of this Act shall be considered as due to the Commissioners, and may be sued for and recovered by the Commissioners in the same manner as if such moneys had been lent by them and not by the trustees.

All moneys, stocks, and securities standing in the books of the Bank of Ireland in the name of the said trustees or any of them or any other person on account of the said fund shall be entered in or transferred to the name of the Commissioners, and the Bank of Ireland are hereby authorised and required to make such entry or transfer.

Application of funds by Commissioners.                                        3. The Commissioners shall hold the Sea and Coast Fisheries Fund hereby transferred to them upon trust to dispose thereof for the benefit of the maritime counties, care being taken, so far as is practicable, to do equal justice between the said counties; and for the purpose of so doing justice it shall be the duty of the Commissioners in applying the Sea and Coast Fisheries Fund to give a preference to the maritime counties which are not endowed over the endowed counties to the extent of such endowment; and further it shall be the duty of the Commissioners in applying the said Sea and Coast Fisheries Fund to the endowed counties to give a preference as between such counties to those counties which have a less endowment over those which have a greater endowment to the extent of the difference between such endowments.

Certain provisions of 37 & 38 Vict. c. 86. and 45 Vict. c. 16. incorporated.  4. There shall be incorporated with this Act:
(1.) The following provisions of the Irish Reproductive Loan Fund Act, 1874; that is to say,
(a.) So much of section five as relates to the interest to be charged in respect of loans, and to the persons to whom and the security upon which loans for fishery purposes are to be made, and to the mode of testifying the recommendation of the Inspectors of Irish Fisheries relating to any such loan; and
(b.) Section six, relating to the recovery of loans, including any costs and charges incurred in respect of such loans; and
(c.) Section seven, relating to the investment of moneys in the hands of the Commissioners and not employed by them in loans; and
(d.) Section eight, relating to a certificate stating the amount due to the Commissioners from any person in respect of a loan made to him, together with interest thereon; and
(e.) Section nine, relating to the recovery of a loan and of all moneys due to the Commissioners in respect thereof in case the Commissioners are satisfied that the borrower is not carrying into effect the undertaking for which the loan was made: and
(f.) Section ten, relating to the making, rescinding, annulling, and adding to rules by the Lord Lieutenant in Council, and to the validity of such rules, and to the judicial notice thereof, and the duty of the Commissioners and of the inspectors of fisheries to conform thereto; and
(g.) Section twelve, relating to the rendering of accounts, and to the submission of such accounts, or a summary thereof, to Parliament; and
(2.) The following provisions of the Irish Reproductive Loan Fund Amendment Act, 1882; that is to say,
(a.) Section three, relating to the supply of boats or fishing gear in lieu of money to persons obtaining loans; and
(b.) Section four, relating to the recovery of moneys due to the Commissioners on account of loans; and
(c.) Section five, relating to a certificate stating the amount due to the Commissioners from any person in respect of a loan, together with the interest thereon, and any costs and charges in respect of such loan or the recovery thereof.

So far as the said sections are applicable to and not inconsistent with any of the provisions of this Act; and, for the purposes of such incorporation, the said sections shall be construed as if all references therein to the said Acts, or either of them, were references to this Act, and the loans therein referred to were loans under this Act.

[S. 5 rep. 61 & 62 Vict. c. 22 (S.L.R.)]


2 & 3 P. & M. 7. Eng. Proprietor of fair and market overt yearly to appoint a certain open place where horses used to be sold, and appoint a toll-keeper there from ten till sun-set, to enter sale, gift or exchange of horses.

Penalty 20s. each default. All parties to the bargain to be present.

The horse to be produced, and in presence of all toll-keeper to enter in a book their name, &c. the colour and one special mark of the horse.

Penalty 20s. and next day deliver said book to proprietor, who shall make and subscribe a note of the number sold.

Penalty 20s.
FOR preventing horse stealing, which is now grown so common, as neither in pastures or closures, nor hardly in stables, the same are safe from stealing; which is occasioned by the ready buying of the same by several persons in open fairs or markets far distant from the owner, and with such speed, as the owner cannot by pursuit possibly help the same: for remedy whereof be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons, in this present Parliament assembled, and by the authority of the same, That the proprietor, farmer, or chief keeper of every fair and market overt within this realm, shall before the twenty fifth day of December one thousand seven hundred and five, and so yearly appoint and limit out a particular and certain open place within the town, place, field, or circuit, where horses, mares, geldings, colts and filleys have been or shall be used to be sold in any fair or market overt, in which said particular and certain open place aforesaid there shall be by the proprietor, farmer, or keeper of the said fair or market, put in and appointed one sufficient person or persons to take toll, and keep the same place from ten of the clock before noon until sun-set every day of the aforesaid fair and market, to enter the sale, gift, or exchange of every horse, mare, gelding, colt, or filley sold, exchanged, or past away in every of the said fairs or markets, upon pain to loose and forfeit for every default the sum of twenty shillings; and that on the bargain, exchange, gift, contract, or putting away of every such horse, mare, gelding, colt or filley so sold, exchanged, or put away in any fair or market as aforesaid within this realm, all the parties making the bargain, exchange, gift, contract, or putting away of every such horse, mare, gelding, colt or filley, shall be present; and also the same horse, mare, gelding, colt, or filley, so sold, exchanged, given or put away, shall be produced before such person, so deputed and appointed as aforesaid; and when they are all present, and not before, such book-keeper, toll-keeper, or other person, shall write, or cause to be written in a book, to be kept for that purpose, the names, sir-names, and dwelling-places of all the said parties, and the colour, with one special mark at least, of every such horse, mare, gelding, colt, or filley, on pain to forfeit at and for every default contrary to the tenor hereof twenty shillings; and that the said person or persons, so deputed or appointed to be keeper of the said book, shall, within one day next after every such fair or market, bring and deliver his said book to the proprietor, farmer, or chief keeper of the said fair or market, who shall then cause a note to be made of the true number of all horses, mares, geldings, colts, and filleys, sold, exchanged, given, or put away at the said market or fair, and shall their subscribe his name, or set his mark thereunto, on pain on every default therein to forfeit twenty shillings.

Sale in market overt of a horse stolen not to alter the property, unless openly led or kept one hour between ten and sun-set in said place, and such entries made by book-keeper as aforesaid.  II. And be it further enacted by the authority aforesaid, That the sale, gift, exchange, or putting away, after the twenty fifth day of December one thousand seven hundred and five, in any fair or market overt, of any horse, mare, gelding, colt, or filley, that is or shall be stolen or feloniously taken away from any person or persons, shall not alter, take away, or change the property of any person or persons to or in any such horse, mare, gelding, colt or filley, unless the said horse, mare, gelding, colt, or filley shall be in the time of the said fair or market, wherein the same shall be so sold, given, exchanged, or put away, openly ridden, led, walked, driven, or kept standing by the space of one hour together at the least, betwixt ten of the clock in the morning and the sun-setting, in the open place of the fair or market, wherein horses are commonly used to be sold; and not within any house, yard, back-side, or other private or secret place; and unless all the parties making the contract, bargain, gift, or exchange in the said fair or market, shall also come together before such book-keeper, and also bring the horse, mare, gelding, colt, or filley so sold, exchanged, given, or put away, at the same time before such book-keeper as aforesaid, to the open place appointed for the book-keeper, and there enter or cause to be entered their christian names, sir-names, dwelling-places, in manner aforesaid; with the colour or colours, and one special mark at the least, of every the same horses, mares, geldings, colts, or filleys, in the keeper's book for that purpose, as is aforesaid: and that no person after the said twenty fifth day of December one thousand seven hundred and five, shall in any fair or market sell, give, exchange, or put away any horse, mare, gelding, colt, or filley, unless the book-keeper, or chief officer of the same market or fair, shall and will take upon him perfect knowledge of the person that so shall sell or offer to sell, give, or exchange any horse, mare, gelding, colt, or filley, and of his true christian name, sir-name, and place of dwelling or residence; and shall enter all the same his knowledge in a book there kept for sale of horses; or else, that he so selling or offering to sell, give, exchange, or put away any horse, mare, gelding, colt, or filley, shall bring to the book-keeper one sufficient and credible person that can, shall and will testify and declare unto and before such book-keeper, that he knoweth the party that so selleth, giveth, exchangeth, or putteth away such horse, mare, gelding, colt, or filley; and his true name, sir-name, mystery, and dwelling-place; and there enter, or cause to be entered in such book as well the true christian name, sir-name, mystery, and place of abode, dwelling, or residence of him, who so selleth, giveth, exchangeth, or putteth away such horse, mare, gelding, colt, or filley, as of him who so shall testify or avouch his knowledge of the same person; and shall also enter the very true price or value, that he shall have for the same horse, mare, gelding, colt, or filley; and that no book-keeper, or other person employed in that service, shall enter any sale, gift, exchange, or putting away of any horse, mare, gelding, colt, or filley, unless he knoweth the party who so selleth, giveth, exchangeth, or putteth away such horse, mare, gelding, colt, or filley, and his true christian name, sir-name, mystery, or place of his dwelling or residence, or the party, who shall so justifie and avouch, as is herein before enacted; and such book-keeper or other person shall give to the person so buying or taking by gift or exchange such horse, mare, gelding, colt, or filley, requiring and paying three pence for the same, a true and perfect note in writing of all the full contents of the same, subscribed with his hand, upon pain that the person making any untrue testimony or avouchment in the behalf aforesaid, and every person so selling, giving, exchanging, or putting away any horse, mare, gelding, colt, or filley, without being known to the book-keeper or other officer aforesaid, or without bringing such a voucher or witness, causing the same to be entered as aforesaid; and every book-keeper, toll-keeper, or other officer of fair or market neglecting to do his duty, shall severally forfeit for every such default the sum of twenty shillings; and also every sale, gift, exchange, or other putting away of any horse, mare, gelding, colt, or filley, in fair or market, not used in all points according to the true meaning of this act, shall be void; the said several penalties to be recovered before the justice and justices of assize in the several places where they sit; and where they do not sit, then before the justices of the peace at their several quarter-sessions, and levied by their respective warrants by distress on the goods of every person making default, and sale of such goods, returning the overplus, if any, to the party so distrained.

31 Eliz. 12. Eng. no horse to be sold, &c. unless book-keeper takes on him perfect knowledge of seller, and enters the same;
or unless he brings to book-keeper a sufficient person to testify and avouch his knowledge of him.

Entry to be made of both,
and of the true price. Book-keeper to enter no sale, unless he knows seller or voucher;
and to give buyer, &c. (paying 3d.) a note of all the contents.

Penalty on each offender 20s.
Bargain not according to this act, void, at assises or sessions,
by distress, &c.
Offences determinable at assises or sessions.                                                                                III. And be it further enacted by the authority aforesaid, That the judge and judges of assizes in their several and respective circuits, and the justices of the peace of every other place and county, where the judge or judges of assize do not sit, shall respectively have authority in their respective assizes and sessions within the limits of their authority and commission to inquire, hear, and determine all offences against this statute.


[Whole Act except ss. 12, 24 (3), and 28, rep. 1 Edw. 7. c. 22. s. 161, sched. 7, Pt. I. Those excepted sections, printed below, are rep. 1 Edw. 7. c. 22. s. 161, sched. 7, Pt. II., as from date prescribed by Order of Secretary of State. No such date has (April 29, 1909) been so prescribed.]

Representation of workmen on arbitration as to special rules.  12. Where any matter in difference is referred to arbitration under section eight of [2] the Act of 1891, the arbitrators or umpire may, on the application of any of the workmen employed in the class of employment to which the arbitration relates, and on such security, if any, as may appear to the arbitrators or umpire sufficient to provide for the costs of and consequential on the application, appoint any person to represent the workmen or any class of them, on the arbitration, and any person so appointed shall be entitled to attend and take part in the proceedings of the arbitration either in person or by his counsel, solicitor, or agent to such extent and in such manner as the arbitrators or umpire may direct, and shall be subject to the same liability with respect to such costs as aforesaid as if he were a party to the arbitration.

Tenement factories.                                            24.—(3) Sections eight to [3] eleven of the Act of 1891, shall, if and as far as in the case of a tenement factory the Secretary of State by order so directs, apply as if the owner of the factory were substituted for the occupier.

Special Restrictions as to Employment.
Power to prohibit or restrict employment in dangerous trade.   28.—(1) Section eight of the Act of 1891 shall extend to authorise the making of special rules or requirements prohibiting the employment of, or modifying or limiting the period of employment for, all or any classes of persons in any process or particular description of manual labour which is certified by the Secretary of State in pursuance of that section to be dangerous or injurious to health, or dangerous to life or limb. Provided that any special rules or requirements under this section which relate to the employment or period of employment of adult workers shall be laid for forty days before both Houses of Parliament before coming into operation.

(2) Sections eight to twelve of [1] the Act of 1891 are hereby declared to extend to workshops conducted on the system of not employing any child, young person, or woman therein.

[1 The short title of this Act, given by s. 56, which is rep. 1 Edw. 7. c. 22. s. 161, was “The Factory and Workshop Act, 1895.”]

[2 S. 53 (1) of this Act, rep. 1 Edw. 7. c. 22. s. 161, provided that “the Act of 1891” means the Factory and Workshop Act, 1891.]

[3 S. 11 is rep. 1 Edw. 7. c. 22. s. 161.]
[1 See footnote 3, p. 759.]