9 & 10 W. 3.                                                                                WHEREAS hitherto there has not been any law in this kingdom for ascertaining the fineness of silver, and quantity of gold to be laid thereon in making wire for threads, and the other denominations necessary in manufacturing gold and silver lace, nor for proportioning the quantity and quality of silk to be used in the same; by which frauds may be committed, to the great loss of his Majesty's subjects, and hurt and damage to the trade of this kingdom: for remedy whereof 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, That from and after the first day of May one thousand seven hundred and sixty two, all copper, brass, and every other metal inferior to silver, shall be spun upon thread, yarn, or incle only, and not spun, mixed, wove, wrought, or set upon silk; upon pain that each and every person offending therein shall forfeit and pay the sum of five shillings for each and every ounce so spun, mixed, wove, wrought, or set upon silk.

39. Eng. 1 Anne 17. stat. 1. Eng. 15 G. 2. 20. Eng.
Metal inferior to silver shall be spun upon thread, yarn, or inkle only, not silk,
penalty 5s. per ounce.
Silver wire to be drawn for thread shall hold 11 oz. 15 p. wt. upon each lb. weight of fine silver;                  >II. Be it further enacted by the authority aforesaid, That from and after the said first day of May, all silver wire, to be drawn for the making of silver thread, shall hold at least eleven ounces fifteen penny weight of fine silver upon the pound weight Troy; and that all silver, to be gilt and made use of in the wire-drawers trade, shall hold at least eleven ounces ten penny weight of fine silver upon the pound weight Troy, and shall not have less than four penny weight four grains of fine gold, without any allay, laid upon each pound weight of the said silver, upon pain that the refiner or maker thereof shall forfeit and pay the sum of five shillings for each and every ounce so made contrary to the directions of this act.

silver to be gilt, and used by wire-drawers, 11 oz. 10 penny wt.

not under 4 penny wt. 4 grains of fine gold on each lb. weight of silver,
penalty 5s. per ounce on refiner or maker.
No gilt wire to be coloured with verdegrease, &c. penalty 2s. and 6d. per oz.                                        >III. Be it further enacted by the authority aforesaid, That from and after the said first day of May, no gilt wire shall be coloured with verdegrease, or dead-head, or any other force-colour, upon pain that the person so offending shall forfeit and pay the sum of two shillings and six pence for every ounce so coloured: and for all gold and silver, prepared as aforesaid, and reduced into plate, there shall be allowed at the least six ounces of the said plate to cover four ounces of silk, except large twist, freeze, freezon, frost, and cheque, and also except round brocade, used in the making brocaded gold and silver silks or stuffs only, in which there shall be allowed at the least six ounces of the said plate to cover five ounces of silk, and no more; all which gold and silver plate shall be spun close upon well boiled and light dyed silk only, except frost, being run thin and spun upon different coloured silk; and in case any spinner of gold and silver thread, or other person, shall lay gold or silver plate upon any greater proportions of silk, or in any other manner, than as before directed by this act (except as is herein before excepted) such spinner or other person shall forfeit and pay two shillings and six pence for every ounce so spun.

6 ounces of plate at least to cover 4 of silk,
except large twist, round brocade, &c. in which 6 ounces to 5 of silk.

All said plate to be spun close, on well boiled, light dyed silk,
except frost;
Penalty 2s. 6d. per ounce.
Vendor of orrice lace, mixed with other materials than gold or silver, silk, and vellum, forfeit 2s. 6d. per ounce.  >IV. And be it further enacted by the authority aforesaid, That if any person whatsoever from and after the said first day of May shall sell, or offer to sale, any gold or silver orrice lace, mixed with any other metal or materials than gold or silver, silk and vellum, the person so selling, or offering the same to sale, shall forfeit and pay for every ounce the sum of two shillings and six pence.

Penalty 5s. per ounce sold not by Troy weight.                                                                       >V. Be it further enacted by the authority aforesaid, That if any person whatsoever after the said first day of May shall sell any gold or silver wire, plate, thread, lace, or fringe, by any other weight than Troy weight, the person so selling shall forfeit for every ounce so sold the sum of five shillings.

Maker or vendor of goods, mixed with gold or silver thread, or plate contrary hereto, forfeit 5s. per ounce.         >VI. Be it further enacted by the authority aforesaid, That from and after the said first day of May if any maker or seller of any goods, made or mixed with gold or silver thread or plate, shall make or sell any goods mixed with gold or silver thread or plate, made contrary to the intent and meaning of this act, such person or persons shall forfeit and pay five shillings for each and every ounce of gold and silver thread, or plate, so made or sold.

******
Penalties to the King and prosecutor.                                                                                >VIII. Be it further enacted by the authority aforesaid, That of the several penalties and forfeitures, made and inflicted by this act, one moiety shall be to the use of his Majesty, his heirs and successors, and the other moiety to him, her, or them, that shall inform, sue, or prosecute for the same, and may be sued for, and recovered by action of debt, bill, plaint, or information in any of his Majesty's courts of record in Dublin, wherein no essoign, protection, privilege, wager of law, or more than one imparlance shall be allowed. [Rep., Stat. Law Rev. (I.) Act, 1879.]

******
Prosecution in 6 months.                                                                                >X. Provided always, That every suit, action, or prosecution, to be brought by virtue of this act, shall be commenced within six kalendar months after the offence committed.

******
Not to prohibit inferior metal spun on thread, &c. on garments for the theatre.                                      >XII. Provided also, That nothing in this act contained, shall extend, or be construed to extend, to prohibit any copper, brass, or any other metal inferior to silver, spun upon thread, yarn, or inkle, as this act directs, being wrought or sewed with silk, upon any garment or apparel actually used in theatrical entertainments only.

This a publick act.                                                                                >XIII. Be it enacted by the authority aforesaid, That this act shall be deemed, adjudged, and taken to be a publick act, and shall be judicially taken notice of as such by all judges, justices, and other persons whatsoever, without specially pleading the same.


10 & 11 Vict. c. 17.
WHEREAS the Waterworks Clauses Act, 1847, was passed in order to comprise in one Act sundry provisions which were at the time of the passing of that Act usually introduced into Acts of Parliament authorizing the construction of certain waterworks:
And whereas sundry provisions of the like nature, but not comprised in the said Act, are now frequently introduced into Acts of Parliament relating to waterworks, and it is expedient to comprise such last-mentioned provisions also in one Act, and that as well for the purpose of avoiding the necessity of repeating such provisions in special Acts relating to waterworks, as for ensuring greater uniformity in the provisions themselves :
Preliminary.
Short title.                                                                              1. This Act may be cited as “The Waterworks Clauses Act, 1863”; and “The Waterworks Clauses Act, 1847,” and this Act may be cited together as “The Waterworks Clauses Acts, 1847 and 1863.”

10 & 11 Vict. c. 17.
Application of Act and interpretation of terms.                                           2. This Act shall apply to any waterworks to which any special Act hereafter passed and incorporating this Act relates; and every such special Act is herein-after referred to as “the special Act.”

10 & 11 Vict. c. 17.
Terms used in this Act have the same meanings as the same terms have when used in the Waterworks Clauses Act, 1847.

The provisions respecting the recovery of penalties contained in the last-mentioned Act shall be incorporated with this Act.

Security of Reservoirs.
And with respect to the security of the reservoirs constructed by the undertakers, be it enacted as follows:
Power for justices to inquire as to danger of reservoir.                                  3. Whenever any person interested complains to two justices that any reservoir constructed by the undertakers is in a dangerous state, such justices shall forthwith make inquiry into the truth of the complaint ; or two justices, on their own view, and without complaint by any person, may proceed under the present provisions as if a complaint had been so made to them.

Order of justices for immediate repair.                                                   4. If, on any such inquiry, the justices are satisfied that the complaint is well founded, and that the reservoir is in a dangerous state, and that the danger is so imminent as not to admit of delay in removing the cause of complaint, they shall order such person as they think fit to enter on the property of the undertakers, and to lower the water in the reservoir, and to execute and do all such works and things as the justices think requisite and proper for removing the cause of complaint.

Order of justices on undertakers to repair reservoir.                                     5. If, on any such inquiry, the justices are satisfied that there is good cause of complaint, but are not satisfied that the reservoir is in such an imminently dangerous state as not to admit of delay in removing the cause of complaint, they shall issue their summons to the undertakers to answer the complaint ; and upon hearing the parties, the justices may, or upon default of appearance of the undertakers, then in their absence, the justices shall, order the undertakers, within such period as the justices think reasonable and specify in the order, to lower the water in the reservoir, and to execute and do all such works and things as the justices think requisite and proper for removing the cause of complaint.

Order of justices on failure of undertakers to repair.
If the undertakers fail to execute or do within that period any such work or thing, the justices who made the order, or any other two justices, on being satisfied of such failure, may either order such persons as the justices think fit to enter on the property of the undertakers, and to lower the water in the reservoir, and to execute and do all such works and things as the justices think requisite and proper for removing the cause of complaint ; or may, if they think fit, by order impose on the undertakers a penalty, not exceeding ten pounds, for every day during which such failure continues after the making of the order imposing the penalty.

Form of order.                                                                            6. Any order of justices made in any of the cases aforesaid shall be in writing under their hands, and may be in the form set forth in the schedule to this Act, with such variations as circumstances require.

Persons acting under order not trespassers, &c.                                           7. Any person acting under and in pursuance of any such order shall not be deemed a trespasser ; and if any person wilfully obstructs any person lawfully acting in obedience to any such order, or wilfully does, or instigates, or suffers to be done, anything in contravention thereof, he shall for every such offence be liable to a penalty not exceeding fifty pounds.

Order for payment of costs and expenses.                                                  8. The justices may order all, or such part as they think fit, of the costs of and incident to the applying for and obtaining of any such order to be paid by the undertakers, and also all, or such part as the justices think fit, of the expenses of the works and things executed and done in pursuance of any such order by any person other than the undertakers, to be paid by the undertakers to such person as the justices appoint.

If the justices before whom the complaint is made think that there is no sufficient ground for the complaint, they may, if they think fit, order the complainant to pay to the undertakers the whole or any part of their costs of or incident to the complaint.

Appeal by undertakers.                                                                    9. If the undertakers consider themselves aggrieved by any order or determination of justices under the present provisions, they may in like manner and subject to the like conditions as by the Railways Clauses Consolidation Act, 1845, are provided in the case of appeals in respect of penalties, appeal to the court of general or quarter sessions for the county or place where the cause of appeal arises ; and that court may, on the hearing of the appeal, either affirm or quash the order or determination, or make such other order in the premises as may seem fit, and may make such order as to the costs, both of the original proceedings and of the appeal, as may seem fit ; but the order or determination appealed against shall, pending the appeal, continue in force.

8 & 9 Vict. c. 20.
Undertakers not to be responsible for consequences of order.                              10. Notwithstanding anything in the special Act contained, the undertakers shall not be liable to pay any damages, penalties, costs, charges, or expenses for or in respect of, or be answerable or accountable for, any diminution or cessation of the supply of water, or any other breach or nonperformance of their or any of their duties, liabilities, or obligations under the special Act, that may be occasioned by or result from the execution of any such order.

Application of Act to England, Ireland, and Scotland.                                     11. The present provisions with respect to the security of reservoirs shall apply to England and Ireland ; and they shall also apply to Scotland, subject to the following variations, namely,—the sheriff shall be deemed to be empowered thereby, as well as two justices ; and the appeal given shall lie from two justices in manner provided by sections one hundred and fifty-one and one hundred and fifty-two of the Railways Clauses Consolidation (Scotland) Act, 1845, and shall lie from a sheriff substitute to the sheriff depute, where the matter comes in the first instance before a sheriff substitute; and in that case the sheriff depute shall hear and determine the appeal, and may either confirm, recall, vary, or supersede the order of the sheriff substitute, as he thinks proper; and the costs of the appeal shall be in the discretion of the sheriff; and the order or judgment of the sheriff in the appeal shall be final.

8 & 9 Vict. c. 33. ss. 151, 152.
Supply of Water.
And with respect to the supply of water to be furnished by the undertakers, be it enacted as follows:
Supply for other than domestic purposes.                                                  12. A supply of water for domestic purposes shall not include a supply of water for cattle, or for horses, or for washing carriages, where such horses or carriages are kept for sale or hire or by common carrier, or a supply for any trade, manufacture, or business, or for watering gardens, or for fountains, or for any ornamental purpose.

Want of supply for other than domestic purposes, when excused.                            13. Where the undertakers are authorized by the special Act to supply water for other than domestic purposes, they shall not be liable, in the absence of express stipulation, under any agreement for the supply of water for other than domestic purposes, to any penalty or damages for not supplying such water, if the want of such supply arises from frost, unusual drought, or other unavoidable cause or accident.

Power to let meters, &c. for hire.                                                        14. Where the undertakers are authorized by the special Act to supply water by measure, they may let for hire to any consumer of water so supplied any meter or instrument for measuring the quantity of water supplied and consumed, and any pipes and apparatus for the conveyance, reception, or storage of the water, for such remuneration in money as may be agreed upon between them and the consumer, which shall be recoverable in the same manner as rates due to the undertakers for water ; and the meters, instruments, pipes, and apparatus shall not be subject to distress or to the landlord's hypothec for rent of the premises where the same are used, or be attached or taken in execution under any process of any court of law or equity, or under or in pursuance of any adjudication or order in bankruptcy, or other legal proceeding, against or affecting the consumer of the water or the occupier of the premises, or other the person in whose possession the meters, instruments, pipes, and apparatus may be.

Power of entry for ascertaining quantity consumed by meter, and for removing meters, &c.  15. The officers of the undertakers may enter any house, building, or lands, to, through, or into which water is supplied by them by measure, in order to inspect the meters, instruments, pipes, and apparatus for the measuring, conveyance, reception, or storage of water, or for the purpose of ascertaining the quantity of water supplied or consumed, and may from time to time enter any house, building, or lands, for the purpose of removing any meter, instrument, pipe, or apparatus the property of the undertakers ; and if any person hinders any such officer from entering or making such inspection, or effecting such removal, he shall for every such offence be liable to a penalty not exceeding five pounds ; but, except with the consent of a justice or the sheriff, this power of entry shall be exercised only between the hours of ten in the forenoon and four in the afternoon.

Protection of Water.
And with respect to the waste or misuse of the water supplied by or belonging to the undertakers, be it enacted as follows :
Power to cut off water in certain cases.                                                  16. If any person supplied with water by the undertakers wrongfully does or causes or permits to be done anything in contravention of any of the provisions of the special Act, or wrongfully fails to do anything which, under any of those provisions, ought to be done for the prevention of the waste, misuse, undue consumption, or contamination of the water of the undertakers, they may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes by or through which water is supplied by them to him, or for his use, and may cease to supply him with water, so long as the cause of injury remains or is not remedied.

Penalty for waste, &c. of water by non-repair of pipes, &c.                               17. If any person supplied with water by the undertakers wilfully or negligently causes or suffers any pipe, valve, cock, cistern, bath, soil-pan, watercloset, or other apparatus or receptacle to be out of repair, or to be so used or contrived as that the water supplied to him by the undertakers is or is likely to be wasted, misused, unduly consumed, or contaminated, or so as to occasion or allow the return of foul air, or other noisome or impure matter, into any pipe belonging to or connected with the pipes of the undertakers, he shall for every such offence be liable to a penalty not exceeding five pounds.

Penalty for unauthorized application of water.                                            18. If any person—
First, not having from the undertakers a supply of water for other than domestic purposes, uses, for other than domestic purposes, any water supplied to him by the undertakers ; or
Secondly, having from the undertakers a supply of water for any other than domestic purposes, uses, for any purposes other than those for which he is entitled to use the same, any water supplied to him by the undertakers,—
he shall for every such offence be liable to a penalty not exceeding forty shillings, without prejudice to the right of the undertakers to recover from him the value of the water misused.

Penalty for unauthorized extension or alteration of pipes.                                19. It shall not be lawful for the owner or occupier of any premises supplied with water by the undertakers, or any consumer of the water of the undertakers, or any other person, to affix or cause or permit to be affixed any pipe or apparatus to a pipe belonging to the undertakers, or to a communication or service pipe belonging to or used by such owner, occupier, consumer, or other person, or to make any alteration in any such communication or service pipe, or in any apparatus connected therewith, without the consent in every such case of the undertakers ; and if any person acts in any respect in contravention of the provisions of the present section, he shall for every such offence be liable to a penalty not exceeding five pounds, without prejudice to the right of the undertakers to recover, damages from him in respect of any injury done to their property, and without prejudice to their right to recover from him the value of any water wasted, misused, or unduly consumed.

Penalty for wrongful taking of water.                                                     20. If any person, not being supplied with water by the undertakers, wrongfully takes or uses any water from any reservoir, watercourse, conduit, or pipe belonging to the undertakers, or from any pipe leading to or from any such reservoir, watercourse, conduit, or pipe, or from any cistern or other like place containing water belonging to the undertakers, or supplied by them for the use of any consumer of the water of the undertakers, he shall for every such offence be liable to a penalty not exceeding five pounds.

Recovery of Rates.
And with respect to the recovery of water rates and other money, be it enacted as follows :
Recovery of rates by action                                                               21. If any person refuses or neglects to pay to the undertakers any rate or sum due to them under the special Act, they may recover the same, with costs, in any court of competent jurisdiction ; and their remedy under the present section shall be in addition to their other remedies for the recovery thereof.

Schedule
Sect. 46.
Form of Order of Justices.
To A.B. of , &c.
We the undersigned, two of Her Majesty's justices of the peace acting for the [county] of , do hereby order and direct you [and such person and persons as you may require to aid and assist you herein] forthwith to lower the water in the [here describe the reservoir and the extent to which the water is to be lowered], and to do all such works and things as are requisite to repair and make secure the said reservoir [and you shall do as little injury as possible to the property of the , and for acting as you are hereby directed this shall be your sufficient warrant].

Given under our hands this day of one thousand eight hundred and

A.B.
C.D.


[Preamble recites 17 & 18 Vict. c. 104.]
Preliminary.                                                                                1. This Act may be cited for all purposes as “The Merchant Shipping Repeal Act, 1854.”

Short title of Act.
Interpretation of terms in this Act.                                                                                2. In the construction and for the purposes of this Act the interpretation of terms contained in the Merchant Shipping Act, 1854, shall be considered as incorporated with and forming part of this Act.

[Ss. 3, 4 rep. 55 & 56 Vict. c. 19. (S.L.R.) S. 5 rep. 38 & 39 Vict. c. 66 (S.L.R.) S. 6 is local and personal.]

Expenses of life boats, &c. may be charged on Mercantile Marine Fund.                                                         7. The Board of Trade may, out of the Mercantile Marine Fund, direct payment to be made of such expenses for establishing and maintaining on the coasts of the United Kingdom proper life boats, with the necessary crews and equipments, and for affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea, and for the granting rewards for the preservation of life in such cases, as it thinks fit; . . .

Existing liabilities on Mercantile Marine Fund continued.                                                                     8. Nothing in the [1] Merchant Shipping Act, 1854, or in this Act contained shall operate to prevent the exercise of the powers contained in the twelfth and sixteenth sections of the Merchant Shipping Law Amendment Act, 1853, of paying the debts, liabilities, and expenses therein mentioned out of the Mercantile Marine Fund: . . .

17 & 18 Vict. c. 104.
16 & 17 Vict. c 131.
[S. 9 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
Receiver General of droits of Admiralty to conform to directions of Board of Trade.                                           10. The Receiver General of droits of Admiralty shall, as to all things to be done by him in virtue of his office, conform to all lawful directions given for that purpose by the Board of Trade; and on a vacancy occurring in his office no successor shall be appointed, but thereupon all powers and privileges vested in such Receiver General shall be transferred to the Board of Trade; . . .

Powers of Board of Trade as to receivers appointed by such Receiver General, and serjeants of Admiralty of Cinque Ports, &c.  11. Receivers appointed by the said Receiver General under [2] the Act of the tenth year of the reign of her present Majesty, chapter ninety-nine, shall hold their offices only during the pleasure of the Board of Trade; and the serjeants of the Admiralty of the Cinque Ports, their deputies or other officers authorized to perform the duties and to exercise the powers within the jurisdiction of the Cinque Ports elsewhere performed and exercised by such receivers as aforesaid, shall perform and exercise the same only during the pleasure and subject to the directions of the Board of Trade; and all such receivers, serjeants, deputies, and other officers as aforesaid shall possess in the several districts within which they have hitherto exercised their duties the same powers, rights, and privileges, and perform the same duties, as are by the [1] Merchant Shipping Act, 1854, vested in and committed to the receivers therein mentioned, save only that they shall not be entitled to take the command in cases of ships or boats stranded or in distress, unless authorized so to do by the Board of Trade.

9 & 10 Vict. c. 99.
Payment of such receivers, &c.                                                                                12. There shall be payable to such receivers, serjeants, deputies, and other officers as aforesaid such fees and other remuneration as are by the [1] Merchant Shipping Act, 1854, made payable to receivers appointed thereunder, and payment thereof shall be made by the same persons and in the same manner, and shall be capable of being enforced by the same means, as payment of the fees or other remuneration payable to the receivers appointed under the [1] Merchant Shipping Act, 1854, are payable or capable of being enforced, or as near thereto as circumstances permit; and, save as aforesaid, and saving also any expenses actually and properly incurred, no such receiver, serjeant, deputy, or other officer as aforesaid shall be entitled to demand or receive from any person any fees or other sums in respect of any services performed by him as receiver; . . .

Application of fees.                                                                                13. All fees or other remuneration received by any such receiver, serjeant, deputy, or other officer as aforesaid may be applied by him to his own use.

[S. 14 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
Mode of procedure in criminal cases.                                                                                15. All criminal proceedings under the Seamen's Fund Winding-up Act, 1851, the Pilotage Law Amendment Act, 1853, the Merchant Shipping Law Amendment Act, 1853, or this Act, shall be carried on in the same manner as similar proceedings under the [1] Merchant Shipping Act, 1854; and all rules of law, practice, and evidence which are applicable to such last-mentioned proceedings shall be applicable to criminal proceedings under this Act.

14 & 15 Vict. c. 102.
16 & 17 Vict. c. 129.
16 & 17 Vict. c. 131.
17 & 18 Vict. c. 104.
[S. 16 rep. 57 & 58 Vict. c. 60. s 745.]
[Sched. rep. 55 & 56 Vict. c. 19. (S.L.R.)]
[1 See now the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 745 of which repeals the Merchant Shipping Act, 1854.]

[2 9 & 10 Vict. c. 99. was rep. by s. 4 of this Act.]
[1 See now the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 745 of which repeals the Merchant Shipping Act, 1854.]

[1 See now the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 745 of which repeals the Merchant Shipping Act, 1854.]

[1 Short title, “The Common Law Procedure Act, 1854.” See s. 106.]

[1 Short title, “The Common Law Procedure Act, 1854.” See s. 106.]


[Preamble recites 9 & 10 Vict. c. 110.]
[Ss. 1–9 rep. 38 & 39 Vict. c. 66. (S.L.R.) Ss. 1, 2 provided that the tenement valuation under recited Act was to be used for county assessments, subject to revision under this Act. S. 6 authorized the Lord Lieutenant to appoint a commissioner of valuation for the several counties. S. 7 authorized such commissioner to appoint valuators.]

Commissioner and valuators, &c. may enter upon tenements for purpose of making valuation, &c.                                                                      10. It shall and may be lawful for any Commissioner of Valuation to be appointed or continued under this Act, and for any valuators, surveyors, or other persons continued or appointed under this Act, from time to time to enter into and upon any tenements or hereditaments, for the purpose of making or carrying on any valuation or revision authorized by this Act: Provided always, that in every case in which it shall be necessary for any such commissioner, valuator, surveyor, or other person to enter any house, or any walled garden, or orchard or pleasure ground, and when the owner or occupier thereof shall oppose or refuse to allow such entry, such commissioner, valuator, surveyor, or other person shall give three days notice to the owner or occupier of such house, garden, orchard, or pleasure ground, requiring to be permitted to enter the same; and at any reasonable time after the delivery of such notice it shall be lawful to make such entry; such commissioner, valuators, surveyors, or other persons doing as little damage as may be in the execution of the powers to them granted by this Act, and making reasonable satisfaction (if required) to the owners of and other persons interested in any such tenements or hereditaments, gardens, orchards, or pleasure grounds, which shall or may be in any way hurt or damnified in or by the execution of any of the powers of this Act; and this Act shall be sufficient to indemnify such commissioner, valuators, surveyors, or other persons, and all persons acting in aid or under the orders of any of them, in the execution of this Act.

Tenements to be separately valued upon an estimate of the net annual value with reference to the prices of agricultural produce as herein specified.               11. In every valuation hereafter to be made, or to be carried on or completed under the provisions of this Act, the Commissioner of Valuation shall cause every tenement or rateable hereditament herein-after specified to be separately valued; and such valuation in regard to the land shall be made upon an estimate of the net annual value thereof with reference to the average prices of the several articles of agricultural produce herein-after specified, all peculiar local circumstances in each case being taken into consideration, and all rates, taxes, and public charges, if any, (except tithe rentcharge,) being paid by the tenant; (that is to say,)

Such valuation in regard to houses, &c. to be made upon an estimate of the net annual value.

Wheat at the general average price of seven shillings and sixpence per hundredweight of one hundred and twelve pounds:
Oats at the general average price of four shillings and tenpence per hundredweight of one hundred and twelve pounds:
Barley at the general average price of five shillings and sixpence per hundredweight of one hundred and twelve pounds:
Flax at the general average price of forty-nine shillings per hundredweight of one hundred and twelve pounds:
Butter at the general average price of sixty-five shillings and fourpence per hundredweight of one hundred and twelve pounds:
Beef at the general average price of thirty-five shillings and sixpence per hundredweight of one hundred and twelve pounds:
Mutton at the general average price of forty-one shillings per hundredweight of one hundred and twelve pounds:
Pork at the general average price of thirty-two shillings per hundredweight of one hundred and twelve pounds:
And such valuation in regard to houses and buildings shall be made upon an estimate of the net annual value thereof; that is to say, the rent for which, one year with another, the same might in its actual state be reasonably expected to let from year to year, the probable average annual cost of repairs, insurance, and other expences (if any) necessary to maintain the hereditament in its actual state, or rates, taxes, or public charges, if any, (except tithe rentcharge,) being paid by the tenant.

What hereditaments are rateable.                                                                                12. For the purposes of this Act the following hereditaments shall be deemed to be the rateable hereditaments; viz., all lands, buildings, and opened mines; all commons and rights of common, and all other profits to be had or received or taken out of any land; and in the case of land or buildings used exclusively for public, scientific, or charitable purposes, as herein-after specified, half the annual rent derived by the owner or other person interested in the same, so far as the same can or may be ascertained by the said Commissioner of Valuation; and all rights of fishery; all canals, navigations, and rights of navigation; all railways and tramroads; all rights of way and other rights or easements over land, and the tolls levied in respect of such rights and easements, and all other tolls: Provided always, that no turf bog or turf bank used for the exclusive purpose of cutting or saving turf, or for making turf mould therefrom, for fuel or manure, shall be deemed rateable under this Act, unless a rent or other valuable consideration shall be payable for the same: And provided also, that no mines which have not been opened seven years before the passing of this Act shall be deemed rateable until the term of seven years from the time of opening thereof shall have expired; and no mines hereafter to be opened shall be deemed rateable until seven years after the same shall have been opened; and mines bonâ fide re-opened after the same shall have been bonâ fide abandoned shall be deemed an opening of mines within the meaning of this Act.

Repealed                                                                                [S. 13 rep. 23 & 24 Vict. c. 4. s. 13.]]

Valuation not to be increased on account of improvements under 10 & 11 Vict. c. 32. s. 4. &c.                                                                      14. No hereditament or tenement shall be liable to be rated in respect of any increase in the value thereof arising from any drainage, reclamation, or embankment from the sea or any lake or river, or any erection of farm, outhouse, or office buildings, or any permanent agricultural improvement as specified under the provisions of the Landed Property Improvement (Ireland) Act, 1847, section four, made or executed thereon within seven years next before the making of such valuation or revision.

[S. 15 (requiring the Commissioner to distinguish all hereditaments of a public nature, or used for charitable purposes, or for purposes of science, literature, and fine arts, as specified in 6 & 7 Vict. c. 36; and providing that the same should be exempt from assessment) rep. 17 & 18 Vict. c. 8. s. 1.]

No hereditaments to be deemed of a public nature, &c. unless so altogether and exclusively.                                                                        16. For the purposes of such valuation, no hereditaments or tenements, or portions of the same, shall be deemed to be of a public nature, or used for such charitable, scientific, or other purposes as herein-before specified, within the meaning of this Act, unless such hereditaments or tenements, or portions of the same respectively, shall be altogether of a public nature, or used exclusively for such charitable, scientific, or other purposes aforesaid; and the valuations or exemptions in such cases shall be subject to such and the like appeals against the same as are herein-after provided as to valuations in other cases.

Lists of valuation to be sent to treasurers of counties, clerks to guardians, and town councils.                                                                   17. When and so soon as the valuation or revision of valuation of all the hereditaments and tenements within any county, barony, or poor law union, county of a city, county of a town, shall be completed, the Commissioner of Valuation shall prepare and make out a list or table of the several hereditaments and tenements contained in each townland or other denomination therein, and of their respective valuations, signed by him the Commissioner of Valuation; and the said Commissioner of Valuation shall transmit a sufficient number of printed or written copies of such lists, so signed by him, to the treasurer of the county, and to the clerk of the board of guardians of each union in which the hereditaments and tenements contained in such schedule are situate, and to the town council of any city, borough, or town interested therein.

Clerks of boards of guardians to publish notices stating when and where lists may be inspected, &c.                                                                18. Every clerk of any board of guardians to whom copies of any such lists shall be transmitted as aforesaid shall, within three days after the receipt of such lists, cause to be affixed a notice on the principal outer door or gate pier of the church, and of any one Roman Catholic chapel, and of any one Presbyterian meeting house, if any, within every parish or part of a parish (included in the union) in which any hereditaments or tenements contained in such list are situate, stating the time at which said lists were so transmitted, and the time and place at which said lists may be inspected, and shall, at all reasonable hours on every day, from and after the receipt of said lists, for twenty-one days then next ensuing, leave open for public inspection at the workhouse of the union, and at the station of each party of constabulary, if any, situate within any such parish, copies of the said lists, and shall permit extracts to be taken therefrom at all reasonable times as aforesaid: Provided always, that in all cases in which no clerk shall have been appointed to the board of guardians of any union, it shall be lawful for the Commissioners for administering the Laws for the Relief of the Poor in Ireland to appoint a person to act in his stead.

Complaint by person aggrieved in respect of valuation.                                                                                19. Within twenty-eight days from and after the receipt of the said lists by the clerk of any union as aforesaid any person aggrieved by reason of the valuation of any tenement or rateable hereditament, or by reason of any inaccurate statement of area or inaccurate description of any tenement or rateable hereditament, contained in such lists, or any other cause whatsoever, shall send by post or deliver to the clerk of the board of guardians of the union in which such hereditament or tenement is situate a notice in writing, duly signed by him the said person aggrieved, or by his known agent, setting forth the grounds of such grievance; and the said clerk of the board of guardians shall forthwith forward said notice to the Commissioner of Valuation at the office in Dublin of the general valuation of Ireland.

Powers of Commissioner to deal with such complaint.                                                                                20. The said Commissioner of Valuation shall, on receipt of every such notice as aforesaid, inquire into the subject matter thereof, and, if necessary, direct a valuator or surveyor, as the case may require, who shall not have been previously employed in making the original valuation contained in the lists as aforesaid, to view such hereditament or tenement, and investigate the complaint stated in such notice, and report thereon to the said Commissioner of Valuation; and should it appear to him the said Commissioner of Valuation from such report that the valuation or statement of the area of the tenement or rateable hereditament referred to in any of such notices requires amendment, the Commissioner of Valuation shall have power to alter and amend the valuation or statement of the area of the tenement or rateable hereditament so appealed against, and also to alter and amend the valuation or statement of the area of any other tenement or hereditament against which there shall have been no appeal, but which may appear to him to be similarly circumstanced with those respecting which appeals have been made, in order to render the valuation of every tenement or hereditament comprised in such list proportionate and uniform.

Commissioner to prepare and transmit statement of cases in which he shall have altered or refused to alter valuation, &c.                                          21. The Commissioner of Valuation shall make out and sign a statement of all cases in every townland or other denomination in which he shall have so altered or refused to alter the valuation or statement of the area of any tenement or hereditament, or otherwise amended the same as aforesaid, and shall transmit such list, so signed, to the clerk of the board of guardians of the union in which such tenements are situate, who shall, within three days after the receipt of said lists, make the same public, by notices, in the same manner as herein-before provided as to the publication of the primary valuation of tenements.

Appeal to quarter sessions from the valuation.                                                                                22. At any time within twenty-one days after the receipt of the said last-mentioned lists in the form as aforesaid by the clerk of the board of guardians, any person aggrieved by the valuation of any tenement or tenements contained in said list, and desiring to appeal therefrom, shall send or deliver to the clerk of the board of guardians a notice in writing, duly signed by him the said person aggrieved, or by his known agent, of his intention to appeal to the next general or quarter sessions of the peace for the division of the county, or for the county of a city or county of a town, in which said tenement or rateable hereditament may be situate, stating the ground of such appeal; but in case the next general or quarter sessions as aforesaid shall commence within forty days after the receipt of the said last-mentioned lists as aforesaid by the clerk of the board of guardians, such appeal shall be made to the succeeding general or quarter sessions as aforesaid; and the said clerk of the board of guardians of the union in which such property is situate shall forthwith forward the said notice to the Commissioner of Valuation, who shall be the respondent in the said appeal; and the clerk of the board of guardians shall cause a list of all such notices of appeal, with the names of the appellants and of the lands which are the subject of appeal, to remain open for inspection at the workhouse of the union; and if the cause of appeal shall be such as to require alteration to be made in the valuation of any tenement for which any other person or persons is or are liable to be rated, the appellant shall give like notice to such other person or persons, who shall, if he or they so desire, be heard upon such appeal; and within five days after notice given of any such appeal the person appealing shall enter into a recognizance in the sum of five pounds before some justice of the peace, with sufficient securities, conditioned to try such appeal at the general or quarter sessions of the peace for which such notice shall have been given, and to abide the order of and to pay such costs as shall be awarded by the court at such sessions; and within three days after such recognizance shall have been entered into, the magistrate before whom such recognizance shall have been entered, or clerk of the petty sessions, shall send the same by post, or shall forward the same to the office of the clerk of the peace for the respective county or place, there to remain of record, and open for public inspection, without payment of any fees.

If appeal affects the valuation of other tenements, notice to be given to persons interested.

Decision of quarter sessions on appeal to be final.                                                                                23. The court before which any such appeal shall be brought as aforesaid is hereby empowered and required to hear and determine the matter of such appeal as stated in such notice of appeal, but not any other cause or matter of appeal, and to hear all parties who may be, directly or indirectly, interested in the cause of such appeal, and to make such order therein as to such court shall seem fit, and to award such costs to the party appealing or appealed against, or to any other party who shall be brought before the said court on the hearing of such appeal, whether the appellant shall prosecute such appeal or not, or shall appear at the hearing or not, as the said court shall think proper; and upon the hearing of any such appeal the said last-mentioned lists of valuation, signed by the Commissioner of Valuation, shall be deemed to be primâ facie evidence of the correctness of the valuations contained therein, till the contrary be shown to the court; and the determination of the said court in or concerning the premises shall be conclusive and binding on all parties to all intents and purposes whatsoever: Provided always, that if the costs of such appeal shall be awarded against the Commissioner of Valuation, such costs, when paid by such commissioner, together with the necessary costs incurred by such commissioner in defending such appeal, shall be deemed to be and charged as part of the expences of the valuation
Costs.
Expences of clerk of guardians under this Act.                                                                                24. The guardians of the poor of the union shall, out of any funds under their control, pay to the clerk of the guardians, or other person appointed in his stead, the reasonable expences which he shall have incurred in the execution of this Act.

[S. 25 (Commissioner, on completion of valuation, to cause a final list to be printed, and send copies to clerks of boards of guardians, town councils, and treasurers of counties) rep. 38 & 39 Vict. c. 66. (S.L.R.)]

The county rates to be levied according to such final lists of valuation.                                                                                26. From and after the commencement of the summer assizes next ensuing the day on which such final lists of the valuation of any county shall be received by the treasurer of such county, all county or grand jury rates and assessments then and thereafter made, presented, or ordered in or for such county, or any townland therein, shall be levied within the respective townlands or townland, as the case may be, and on such tenements and hereditaments therein, according to the valuations contained in such final lists, and upon no other, until the same shall be revised in the manner herein-after mentioned: . . .

Poor rates and rates by town councils to be made according to such final lists of valuation.                                                                       27. Every rate for the relief of the destitute poor in every union which shall be made after thirty days from the time when the board of guardians of such union shall have received such final lists of the valuation of all the townlands comprised in such union, and every rate made by any town council within such union, shall be made upon the hereditaments and tenements liable thereto according to the valuation of each hereditament or tenement comprised in such lists so signed and transmitted as aforesaid by the Commissioner of Valuation, until the same shall be revised in the manner herein-after mentioned: . . .

So much of 1 & 2 Vict. c. 56., &c. as authorizes amendment, &c. of rates on account of value, shall not apply to any poor rate made in conformity with valuation.  28. So much of the Poor Relief (Ireland) Act, 1838, or of any Act or Acts amending the same, as may authorize the court, on appeal being made thereto, at any general or quarter sessions, to amend, alter, or quash any rate, on the ground of the net annual value assigned therein to any tenement or rateable hereditament, shall not extend to or apply to any rate for the relief of the destitute poor made and assessed on such tenement or rateable hereditament in conformity with the valuation thereof signed by the Commissioner of Valuation as aforesaid.

[Ss. 29, 30 rep. 17 & 18 Vict. c. 8. s. 1. S. 29 authorized boards of guardians to send lists of tenements requiring revision to the Commissioner of Valuation. S. 30 required the Commissioner on receipt of such list to cause a revision to be made and to prepare and sign a list of the tenements so revised and transmit the same to the guardians, the town council of the borough, and the treasurer of the county.]

Persons may appeal against such revision, in manner herein-before provided.                                                                                31. The owners or occupiers of all tenements the area or valuation of which shall have been altered as last aforesaid in the list signed by the Commissioner of Valuation shall have the same powers of appeal to the Commissioner of Valuation and to the quarter sessions, subject to the same conditions and provisions, and exercised in the same manner and to the same extent, as herein-before provided in regard to appeal: Provided always, that such total valuation of lands as last aforesaid of any townland shall not be increased or lessened at the hearing of any such appeal as aforesaid: Provided also, that when all the appeals, if any, so taken, shall have been heard and finally determined or disposed of in manner herein-before provided, the Commissioner of Valuation shall make out and transmit lists in the form as aforesaid of the tenements and properties so finally revised to the guardians of the poor of the union, and to the town council of the borough, and to the treasurer of the county, in which respectively such tenements and properties are situate.

Rates to be made in boroughs and unions according to the value in revised list.                                                                                32. In every rate to be made after thirty days from the receipt of such last-mentioned finally revised list of tenements or hereditaments in each year by the board of guardians of any union, or town council, the tenements or hereditaments included in the said list shall be rated according to the value thereof as set forth in the said list, in place of that specified in any former lists, until the same shall again be revised from time to time in the manner herein-before last mentioned.

County rates to be levied according to revised list.                                                                                33. And from and after the commencement of the summer assizes next ensuing the day on which such finally revised lists of the valuation of any county or barony in each year shall be received by the treasurer of such county, all grand jury or county assessments and rates shall be levied within the several townlands, and on such tenements and hereditaments therein, according to the valuations contained in such lists, in place of those specified in any former lists, until the same shall again be revised from time to time in the manner herein-before last mentioned.

A new valuation may be made of every county fourteen years after former valuation, &c. 9 & 10 Vict. c. 110.                                                        34. And for the purpose of providing for the necessary revision of the valuation of the land in consequence of changes that may have taken place in the gross amount of the value of the several townlands from time to time, be it enacted, that at or after the termination of fourteen years from the period of the final completion of the first general tenement valuation of any poor law union, county, or barony, under the Act of the ninth and tenth years of her present Majesty, chapter one hundred and ten, or under this Act, it shall be lawful for the Lord Lieutenant on application by the grand jury of the county, if he shall think fit so to do, to direct the Commissioner of Valuation to make a general revision of the valuation of any such poor law union, county, or barony, and so from time to time at or after the expiration of every subsequent period of fourteen years from the final completion of the preceding general revision of the valuation to cause a new revision to be made, and upon each such occasion to cause notice to be given to the grand jury of such county, county of a city or county of a town, previous to such direction, by letter from the chief secretary, addressed to the secretary of the grand jury of such county, county of a city or county of a town, and also notice to be given to the clerks of the boards of guardians of the several unions or parts of unions contained within such county; and the said commissioner shall proceed therein as in the first general valuation or general revision of valuation of any county which may have been made under the provisions of this Act; and the grand jury of the said county, county of a city or county of a town, and all officers thereof, and every public officer or other person duly authorized, shall perform all acts required to be done by them or him in the same manner and within the same periods as herein-before is provided for the first general valuation or general revision of valuation of the said county, county of a city or county of a town, and shall have the same powers, privileges, and immunities in the performance of their respective duties; and the said new valuation, when completed, shall have the same effect and operation, to all intents and purposes, as the former general valuation or general revision of valuation, and shall supersede the same; and that which is hereby enacted in relation to such first general valuation or general revision of valuation, and the several proceedings relating thereto, and all matters connected therewith, shall apply in due course and under the same circumstances and conditions to such revision of the valuation to be made from time to time as aforesaid: . . .

Use of Ordnance Survey plans in revision.                                                                                35. And for the purpose of determining the contents of tenements from the detail afforded by the Ordnance Survey of Ireland, be it enacted, that in all revisions of the valuation the latest revised publication of any of the plans of such ordnance survey shall be used by the valuators or surveyors employed in that behalf.

[Ss. 36–40 rep. 37 & 38 Vict. c. 70. s. 4.]
Penalty for neglect of duty, obstruction, &c.                                                                                41. If any clerk to any board of guardians, clerk of the peace, secretary of a grand jury, treasurer of a county, town clerk, or any valuator appointed by the Commissioner of Valuation, or other person or persons, shall omit or neglect or refuse to do any matter or thing which any such person is by this Act required and directed to do in the execution of this Act, or if any person shall wilfully obstruct, hinder, or prevent any person acting in the execution of this Act, every person so offending shall forfeit a sum not exceeding ten pounds, in the discretion of the justices before whom such offender shall be convicted.

Recovery of penalties.                                                                                42. All penalties and forfeitures inflicted or imposed by this Act may be sued for and recovered in a summary way by the order and adjudication of any justice or justices of the peace at petty sessions, under and subject to the several provisions and regulations relating to summary jurisdiction contained in the Petty Sessions (Ireland) Act, 1851, and shall be applied in the manner by the said Act directed.

14 & 15 Vict. c. 93.
Proceedings for conviction of offenders not to be quashed for want of form, &c.                                                                                43. No proceedings to be had touching the conviction of any offender or offenders against this Act shall be quashed for want of form, nor be removed nor removable by certiorari, or any other writ or process whatsoever, into any of her Majesty’s courts of record at Dublin; and where any distress shall be made for any sum or sums of money to be levied by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any defect or want of form in the summons or conviction, or in the warrant of distress or other proceedings relating thereto; nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio on account of any irregularity which shall be afterwards committed by the party or parties distraining, but the person or persons aggrieved by such irregularity shall and may recover full satisfaction for the special damage (if any) in an action on the case; but no plaintiff or plaintiffs shall recover in any action for such irregularity as aforesaid, if tender of sufficient amends hath been made, by or on behalf of the party distraining, before such action commenced.

Repealed                                                                                [S. 44 rep. 57 & 58 Vict. c. 56. (S.L.R.)]

Interpretation of terms.                                                                                45. In the construction of this Act, unless there be anything in the subject or context repugnant to such construction, the word “inhabitant” shall include every one rated to the grand jury cess; the words “town council” and “council” shall include “town commissioners” under the Lighting of Towns (Ireland) Act, 1828, or any trustees or other body empowered by law to make local assessments; “clerk of the guardians” and “clerk” shall be understood to mean and include clerk of the board of guardians of the poor of the union, or other person appointed to act or acting in his stead; and the word “assizes” shall include “presenting term”; and the word “treasurer” shall include “finance committee”; and all provisions and directions in this Act contained relating to counties shall extend to all counties, counties of cities, counties of towns, and towns corporate in Ireland; and all the acts and duties by this Act required to be performed by the several grand juries at the assizes for any county shall and may, in the county of Dublin, be performed at the presenting terms by the grand jury of the said county duly met and impannelled, and in the county of the City of Dublin by the council of the borough of Dublin; and all provisions and directions relating to baronies shall extend to half baronies, and to all other divisions of counties being greater than parishes, and in reference to any county of a city or county of a town shall be deemed to mean and refer to such-county of a city or county of a town; and all provisions and directions relating to parishes shall extend to all chapelries or divisions of parishes or extra-parochial divisions; and all pro-disions and directions relating to townlands shall extend to all vivisions and sub-denominations of lands less than and being comprised within any parish; and the word “tenements” shall include rateable hereditaments; and the word “houses” shall include buildings; and the word “towns” shall include cities; and where any parish or union shall be situate in more than one county or barony, or partly in a county and partly in a county of a city, county of a town, or town corporate, the several parts of such parish shall be valued as a distinct parish in the several baronies or counties, or counties of cities or counties of towns, or towns corporate, to which they shall contribute to the payment of any county cess charges or grand jury rate.

9 Geo. 4. c. 82.
Repealed                                                                                [S. 46 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Apportionment of county, baronial, and parochial charges by a poundage rate, &c.                                                                                47. [Recital of 7 & 8 Vict. c. 106. s. 98.] It shall be lawful for the finance committee of the said county of Dublin, in making their apportionment of all charges under the County Dublin Grand Jury Act, 1844, to apportion, declare, and strike all county, baronial, or parochial charges imposed by grand jury presentments by a poundage rate upon each barony, parish, or denomination in the said county of Dublin, according to the valuation thereof contained in such printed list; and all applotments to be made under and in pursuance of any warrants issued by the finance committee of said county shall be made by a poundage rate upon the several tenements and hereditaments in such barony, parish, or denomination, according to the valuation thereof contained in such printed list: Provided always, that in making the poundage rate it shall not be necessary for the finance committee to adopt or take into account any smaller fraction than one fourth part of a penny in the pound, neither shall any rate so made be vitiated or impugned by reason of its exceeding the sum authorized by presentments to be raised, if the excess shall have been created by such fractions of not more than one fourth of a penny in the pound.

7 & 8 Vict. c. 106.
Saving of certain Acts. 10 & 11 Vict. c. 34.                                                                                48. Nothing in this Act contained shall repeal the provisions in the Towns Improvement Clauses Act, 1847, or in any Act incorporating the same, relative to the management of streets, or the liability to grand jury cess, or other payment in respect of making or repairing roads.

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


WHEREAS it is expedient to facilitate the leasing of lands and tenements:
Incorporation of scheduled provisions indeeds made in pursuance of this Act.  [1.] Whenever any party to any deed made according to the forms set forth in the first schedule to this Act, or to any other deed which shall be expressed to be made in pursuance of this Act, shall employ in such deed respectively any of the forms of words contained in column I. of the second schedule hereto annexed, and distinguished by any number therein, such deed shall be taken to have the same effect and be construed as if such party had inserted in such deed the form of words contained in column II. of the same schedule, and distinguished by the same number as is annexed to the form of words employed by;such party; but it shall not be necessary in any such deed to insert any such number.

Deed to include all houses, &c.                                               2. Every such deed, unless any exception be specially made therein, shall be held and construed to include all outhouses, buildings, barns, stables, yards, gardens, cellars, ancient and other lights, paths, passages, ways, waters, watercourses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, to the lands and tenements herein comprised belonging or in anywise appertaining.

Remuneration to be estimated on taxation by skill.                            3. In taxing any bill for preparing and executing any deed under this Act it shall be lawful for the taxing officer, and he is hereby required, in estimating the proper sum to be charged for such transaction, to consider, not the length of such deed, but only the skill and labour employed, and responsibility incurred, on the preparation thereof.

Validity of deeds.                                                            4. Any deed or part of a deed which shall fail to take effect by virtue of this Act shall nevertheless be as valid and effectual, and shall bind the parties thereto, so far as the rules of law and equity will permit, as if this Act had not been made.

Interpretation of terms.                                                      5. In the construction and for the purposes of this Act, and the schedules hereto annexed, unless there be something in the subject or context repugnant to such construction, the word “lands” shall extend to all tenements and hereditaments of freehold tenure, and to such customary lands as will pass by deed or deed and surrender, and not by surrender alone, or any undivided part or share therein respectively; and every wore importing the singular number only shall extend and be applied to several persons or things as well as one person or thing, and the converse; and every word importing the masculine gender only shall extend and be applied to a female as well as a male and the word “party” shall mean and include any body politic or corporate or collegiate, as well as an individual.

Schedules, &c. part of Act.                                                   6. The schedules, and the directions and forms therein contained, shall be deemed and taken to be parts of this Act.

Commencement of Act.                                                          7. This Act shall commence and take effect from and after the first day of October.

Extent of Act.                                                                8. This Act shall not extend to Scotland.

SCHEDULES to which this Act refers.
The First Schedule.
This indenture, made the day of , one thousand eight hundred and forty- [or other year], in pursuance of an Act to facilitate the granting of certain leases, between [here insert the names of the parties, and recitals, if any], witnesseth that the said [lessor] or [lessors] doth or do demise unto the said [lessee] or [lessees] his [or their] executors, administrators, and assigns, all, &c. [parcels] from the day of for the term of thence ensuing, yielding therefor during the said term the rent of [state the rent and mode of payment].

In witness where of the said parties hereto have hereunto set their hands and seals.

The Second Schedule.
Directions as to the Forms in this Schedule.
1. Parties who use any of the forms in the first column of this schedule may substitute for the words “lessee” or “lessor” any name or names, and in every such case corresponding substitution shall be taken to be made in the corresponding forms in the second column.
2. Such parties may substitute the feminine gender for the masculine or the plural number for the singular, in the forms in the first column of this schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column.
3. Such parties may fill up the blank spaces left in the forms 4. and 5. in the first column of this schedule so employed by them with any words or figures, and the words or figures so introduced shall be taken to be inserted in the corresponding blank spaces left in the forms embodied.
4. Such parties may introduce into or annex to any of the forms in the first column any express exceptions from or express qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column.
5. Where the premises demised shall be of freehold tenure the covenants 1. to 10. shall be taken to be made with and the proviso 11. to apply to the heirs and assigns of the lessor, and where the premises demised shall be of leasehold tenure the covenants and proviso shall be taken to be made with and apply to the lessor, his executors, administrators, and assigns.

Column I.                                                                                Column II.

1. That the said [lessee] covenants with the said [lessor] to pay rent;                                                        1. And the said lessee doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said lessor, that he the said lessee, his executors, administrators, and assigns, will during the said term pay unto the said lessor the rent hereby reserved, in manner herein-before mentioned, without any deduction whatsoever.
2. and to pay taxes;                                                                                2. And also will pay all taxes, rates, duties, and assessments whatsoever, whether parochial, parliamentary, or otherwise, now charged or hereafter to he charged upon the said demised premises, or upon the said lessor, on account thereof (excepting land tax, and excepting, in Ireland, tithe rent-charge and such portion of the poor rate as the lessor is or may be liable to pay, and excepting also all taxes, rates, duties, and assessments whatsoever, or any portion thereof, which the lessee is or may he by law exempted from).
3. and to repair;                                                                                3. And also will during the said term well and sufficiently repair, maintain, pave, empty, cleanse, amend, and keep the said demised premises, with the appurtenances, in good and substantial repair, together with all chimney pieces, windows, doors, fastenings, water closets, cisterns, partitions, fixed presses, shelves, pipes, pumps, pales, rails, locks, and keys, and all other fixtures and things which at any time during the said term shall be erected and made, when, where, and so often as need shall be.
4. and to paint outside every year;                                                                                4. And also that the said lessee, his executors, administrators, and assigns, will in every year in the said term paint all the outside wood-work and iron-work belonging to the said premises, with two coats of proper oil colours, in a workmanlike manner.
5. and to paint and paper inside every year;                                                                                5. And also that the said [lessee], his executors, administrators, and assigns, will in every year paint the inside wood, iron, and other works now or usually painted, with two coats of proper oil colours, in a workmanlike manner; and also re-paper, with paper of a quality as at present, such parts of the premises as are now papered; and also wash, stop, whiten, or colour such parts of the said premises as are now plastered.
6. and to insure from fire in the joint names of the said [lessor] and the said [lessee];                                      6. And also that the said lessee, his executors, administrators, and assigns, will forthwith insure the said premises hereby demised to the full value thereof, in same respectable insurance office, in the joint names of the said lessor, his executors, administrators, and assigns, and the said lessee, his executors, administrators, or assigns, and keep the same so insured during the said term; and will upon the request of the said. lessor, or his agent, show the receipt for the last premium paid for such insurance for every current year; and as often as the said premises hereby demised shall be burnt down or damaged by fire, all and every the sums or sum of money which shall be recovered or received by the said [lessee], his executors, administrators, or assigns, for or in respect of such insurance, shall be laid out and expended by him in building or repairing the said demised premises, or such parts thereof as shall be burnt down or damaged by fire as aforesaid.

to show receipts;
and to rebuild in case of fire.
7. And that the said [lessor] may enter and view state of repair, and that the said [lessee] will repair according to notice.  7. And it is hereby agreed, that it shall be lawful for the said lessor, and his agents, at all seasonable times during the said term, to enter the said demised premises to take a schedule of the fixtures and things made and erected thereupon, and to examine the condition of the said premises; and further, that all wants of reparation which upon such views shall be found, and for the amendment of which notice in writing shall be left at the premises, the said lessee, his executors, administrators, and assigns, will, within three calendar months next after every such notice, well and sufficiently repair and make good accordingly.
8. That the said [lessee] will not use the premises as a shop.                                                                 8. And also that the said lessee, his executors, administrators, and assigns, will not convert, use, or occupy the said premises or any part thereof into or as a shop, warehouse, or other place for carrying on any trade or business whatsoever, or suffer the said premises to be used for any such purpose, or otherwise than as a private dwelling-house, without the consent in writing of the said lessor.
9. And will not assign without leave.                                                                                9. And also that the said [lessee] shall not nor will during the said term assign, transfer, or set over, or otherwise by any Act or deed procure the said premises or any of them to be assigned, transferred, or set over, unto any person or persons whomsoever, without the consent in writing of the said [lessor], his executors, administrators, or assigns, first had and obtained.
10. And that he will leave premises in good repair.                                                                            10. And further, that the said [lessee] will, at the expiration or other sooner determination of the said term, peaceably surrender and yield up unto the said lessor the said premises hereby demised, with the appurtenances, together with all buildings erections, and fixtures now or hereafter to be built or erected thereon, in good and substantial repair and condition in all respects, reasonable wear and tear, and damage by fire, only excepted.
11. Proviso for re-entry by the said lessor on nonpayment of rent or nonperformance of covenants.                              11. Provided always, and it is expressly agreed, that if the rent hereby reserved, or any part thereof, shall be unpaid for fifteen days after any of the days on which the same ought to have been paid, (although no formal demand shall have been made thereof,) or in case of the breach or nonperformance of any of the covenants and agreements herein contained on the part of the said lessee, his executors, administrators, and assigns, then and in either of such cases it shall be lawful for the said lessor, at any time thereafter, into and upon the said demised premises, or any part thereof in the name of the whole, to re-enter, and the same to have again, re-possess, and enjoy as of his or their former estate, anything herein-after contained to the contrary notwithstanding.
12. The said [lessor] covenants with the said [lessee] for quiet enjoyment.                                                    12. And the lessor doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said lessee, his executors, administrators, and assigns, that he and they, paying the rent hereby reserved, and performing the covenants herein-before on his and their part contained, shall and may peaceably possess and enjoy the said demised premises for the term hereby granted, without any interruption or disturbance from the said lessor, his executors, administrators, or assigns, or any other person or persons lawfully claiming by, from, or under him, them, or any of them.


Preliminary.
Short title.                                                                                1. This Act may be cited as “The Regulation of Railways Act, 1873.”

[S. 2 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Definitions.                                                                                3. In this Act—
27 & 28 Vict. c. 121.
The term “railway company” includes any person being the owner or lessee of or working any railway in the United Kingdom constructed or carried on under the powers of any Act of Parliament:
The term “canal company” includes any person being the owner or lessee of, or working, or entitled to charge tolls for the use of any canal in the United Kingdom constructed or carried on under the powers of any Act of Parliament:
The term “person” includes a body of persons corporate or unincorporate:
The term “railway” includes every station, siding, wharf, or dock of or belonging to such railway and used for the purposes of public traffic:
The term “canal” includes any navigation which has been made under or upon which tolls may be levied by authority of Parliament, and also the wharves and landing-places of and belonging to such canal or navigation, and used for the purposes of public traffic:
The term “traffic” includes not only passengers and their luggage, goods, animals, and other things conveyed by any railway company or canal company, but also carriages, waggons, trucks, boats, and vehicles of every description adapted for running or passing on the railway or canal of any such company:
The term “mails” includes mail bags and post-letter bags:
The term “special Act” means a local or local and personal Act, or an Act of a local and personal nature, and includes a Provisional Order of the Board of Trade confirmed by Act of Parliament, and a certificate granted by the Board of Trade under the Railways Construction Facilities Act, 1864:

. . . . . . . . . . .
Appointment and Duties of Railway Commissioners.
[S. 4 (providing for appointment of three Railway Commissioners and two Assistant Commissioners) rep. 51 & 52 Vict. c. 25. s. 59.]

Commissioners not to be interested in railway or canal stock.                                     5. Any person appointed a Commissioner under this Act shall within three calendar months after his appointment absolutely sell and dispose of any stock, share, debenture stock, debenture bond, or other security of any railway or canal company in the United Kingdom which he shall at the time of his appointment own or be interested in for his own benefit; and it shall not be lawful for any person appointed a Commissioner under this Act, so long as he shall hold office as such Commissioner, to purchase, take, or become interested in for his own benefit any such stock, share, debenture stock, debenture bond, or other security; and if any such stock, share, debenture stock, debenture bond or other security, or any interest therein, shall come to or vest in such Commissioner by will or succession, for his own benefit, he shall within three calendar months after the same shall so come to or vest in him absolutely sell and dispose of the same or his interest therein.

It shall not be lawful for the Commissioners, except by consent of the parties to the proceedings, to exercise any jurisdiction by this Act conferred upon them in any case in which they shall be, directly or indirectly, interested in the matter in question.

The Commissioners shall devote the whole of their time to the performance of their duties under this Act, and shall not accept or hold any office or employment inconsistent with this provision.

Transfer to Commissioners of jurisdiction under 17 & 18 Vict. c. 31. s. 3. 31 & 32 Vict. c. 119.  6. Any person complaining of anything done or of any omission made in violation or contravention of section two of the Railway and Canal Traffic Act, 1854, or of section sixteen of the Regulation of Railways Act, 1868, or of this Act, or of any enactment amending or applying the said enactments respectively, may apply to the Commissioners, and upon the certificate of the Board of Trade alleging any such violation or contravention any person appointed by the Board of Trade in that behalf may in like manner apply to the Commissioners; and for the purpose of enabling the Commissioners to hear and determine the matter of any such complaint, they shall have and may exercise all the jurisdiction conferred by section three of the Railway and Canal Traffic Act, 1854, on the several courts and judges empowered to hear and determine complaints under that Act; and may make orders of like nature with the writs and orders authorised to be issued and made by the said courts and judges; and the said courts and judges shall, except for the purpose of enforcing any decision or order of the Commissioners, cease to exercise the jurisdiction conferred on them by that section.

Power for Commissioners to enable companies to explain alleged violation of law.                  7. Where the Commissioners have received any complaint alleging the infringement by a railway company or canal company of the provisions of any enactment in respect of which the Commissioners have jurisdiction, they may, if they think fit, before requiring or permitting any formal proceedings to be taken on such complaint, communicate the same to the company against whom it is made, so as to afford them an opportunity of making such observations thereon as they may think fit.

Differences between railway and canal companies to be referred to Commissioners.                  8. Where any difference between railway companies or between canal companies, or between a railway company and a canal company, is, under the provisions of any general or special Act, passed either before or after the passing of this Act, required or authorised to be referred to arbitration, such difference shall at the instance of any company party to the difference and with the consent of the Commissioners be referred to the Commissioners for their decision in lieu of being referred to arbitration: Provided, that the power of compelling a reference to the Commissioners in this section contained shall not apply to any case in which any arbitrator has in any general or special Act been designated by his name or by the name of his office, or in which, a standing arbitrator having been appointed under any general or special Act, the Commissioners are of opinion that the difference in question may more conveniently be referred to him.

Power to refer differences to Commissioners.                                                      9. Any difference to which a railway company or canal company is a party may, on the application of the parties to the difference, and with the assent of the Commissioners, be referred to them for their decision.

Transfer to Commissioners of certain powers and duties of the Board of Trade.                     10. The following powers and duties of the Board of Trade shall be transferred to the Commissioners; namely,
26 & 27 Vict. c. 92.
(1.) The powers of the Board of Trade under Part III. of the Railway Clauses Act, 1863, or under any special Act, with respect to the approval of working agreements between railway companies; and,
(2.) The powers and duties of the Board of Trade under section thirty-five of the Railway Clauses Act, 1863, with respect to the exercise by railway companies of their powers in relation to steam vessels:
And the provisions of the said Acts conferring such powers or imposing such duties, or otherwise referring to such powers or duties, shall, so far as is consistent with the tenor thereof, be read as if the Commissioners were therein named instead of the Board of Trade.

Explanation and Amendment of Law.
[Ss. 11–13 rep. 51 & 52 Vict. c. 25. s. 59.]
Publication of rates.                                                                             14. Every railway company and canal company shall keep at each of their stations and wharves a book or books showing every rate for the time being charged for the carriage of traffic, other than passengers and their luggage, from that station or wharf to any place to which they book, including any rates charged under any special contract, and stating the distance from that station or wharf of every station, wharf, siding, or place to which any such rate is charged.

8 & 9 Vict. c. 20.
8 & 9 Vict. c. 33.
Every such book shall during all reasonable hours be open to the inspection of any person without the payment of any fee.

The Commissioners may from time to time on the application of any person interested, make orders with respect to any particular description of traffic, requiring a railway company or canal company to distinguish in such book how much of each rate is for the conveyance of the traffic on the railway or canal, including therein tolls for the use of the railway or canal, for the use of carriages or vessels, or for locomotive power, and how much is for other expenses, specifying the nature and detail of such other expenses.

Any company failing to comply with the provisions of this section shall for each offence, and in the case of a continuing offence, for every day during which the offence continues, be liable to a penalty not exceeding five pounds, and such penalty shall be recovered and applied in the same manner as penalties imposed by the Railways Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation (Scotland) Act, 1845, (as the case may require,) are for the time being recoverable and applicable.

Power to Commissioners to fix terminal charges.                                                   15. The Commissioners shall have power to hear and determine any question or dispute which may arise with respect to the terminal charges of any railway company, where such charges have not been fixed by any Act of Parliament, and to decide what is a reasonable sum to be paid to any company for loading and unloading, covering collection, delivery, and other services of a like nature; any decision of the Commissioners under this section shall be binding on all courts and in all legal proceedings whatsoever.

Arrangements between railway companies and canal companies.                                       16. No railway company or canal company, unless expressly authorised thereto by any Act passed before the passing of this Act, shall, without the sanction of the Commissioners, to be signified in such manner as they may by general order or otherwise direct, enter into any agreement whereby any control over or right to interfere in or concerning the traffic carried or rates or tolls levied on any part of a canal is given to the railway company, or any persons managing or connected with the management of any railway; and any such agreement made after the commencement of this Act without such sanction shall be void.

The Commissioners shall withhold their sanction from any such agreement which is in their opinion prejuidcial to the interests of the public.

Not less than one month before any such agreement is so sanctioned, copies of the intended agreement certified under the hand of the secretary of the railway company or one of the railway companies party or parties thereto, shall be deposited for public inspection at the office of the Commissioners, and also at the office of the clerk of the peace of the county, riding, or division in England or Ireland, in which the head office of any canal company party to the agreement is situate, and at the office of the principal sheriff clerk of every such county in Scotland, and notice of the intended agreement setting forth the parties between whom or on whose behalf the same is intended to be made, and such further particulars with respect thereto as the Commissioners may require, shall be given by advertisement in the London, Edinburgh, or Dublin Gazette, according as the head office of any canal company party to the agreement is situate in England, Scotland, or Ireland, and shall be sent to the secretary or principal officer of every canal company any of whose canals communicates with the canal of any company party to the agreement; and shall be published in such other way, if any, as the Commissioners for the purpose of giving notice to all parties interested therein by order direct.

Maintenance of canals by railway companies.                                                       17. Every railway company owning or having the management of any canal or part of a canal shall at all times keep and maintain such canal or part, and all the reservoirs, works, and conveniences thereto belonging, thoroughly repaired and dredged and in good working condition, and shall preserve the supplies of water to the same, so that the whole of such canal or part may be at all times kept open and navigable for the use of all persons desirous to use and navigate the same without any unnecessary hindrance, interruption, or delay.

Conveyance of Mails.
Conveyance of mails.                                                                              18. Every railway company shall convey by any train all such mails as may be tendered for conveyance by such train, whether such mails be under the charge of a guard appointed by the Postmaster-General or not, and notwithstanding that no notice in writing requiring mails to be conveyed by such train has been given to the company by the Postmaster-General.

Every railway company shall afford all reasonable facilities for the receipt and delivery of mails at any of their stations without requiring them to be booked or interposing any other delay.

Where the mails are in charge of a guard appointed by the Postmaster-General, every railway company shall permit such guard, if he think fit, to receive and deliver them at any station by himself or his assistants, rendering him nevertheless such aid as he may require.

Remuneration for conveyance of mails.                                                             19. Every railway company shall be entitled to reasonable remuneration for any services performed by them in pursuance of this Act with respect to the conveyance of mails, and such remuneration shall be paid by the Postmaster-General.

1 & 2 Vict. c. 98.
Any difference between the Postmaster-General and any railway company as to the amount of such remuneration, or as to any other question arising under this Act, shall be decided by arbitration, in manner provided by the Railways (Conveyance of Mails) Act, 1838, or, at the option of such railway company, by the Commissioners.

Conveyance of mails on steam vessels.                                                             20. Where a railway company use, maintain, or work, or are party to any arrangement for using, maintaining, or working steam vessels for the purpose of carrying on a communication between any towns or ports, all provisions contained in any Act with respect to the conveyance of mails by railways shall, so far as they are applicable to the conveyance of mails by steam vessels, extend to the steam vessels so used, maintained, or worked.

Regulations as to Commissioners.
[Ss. 21–25 rep. 51 & 52 Vict. c. 25. s. 59.]
Orders of Commissioners.                                                                          26. Any decision or any order made by the Commissioners for the purpose of carrying into effect any of the provisions of this Act may be made a rule or order of any superior court, and shall be enforced either in the manner directed by section three of the Railway and Canal Traffic Act, 1854, as to the writs and orders therein mentioned, or in like manner as any rule or order of such court.

17 & 18 Vict. c. 31.
For the purpose of carrying into effect this section, general rules and orders may be made by any superior court in the same manner as general rules and orders may be made with respect to any other proceedings in such court.

. . . . . . . . . . .
Sittings of Commissioners.                                                                        27. The Commissioners shall sit at such times and in such places and conduct their proceedings in such manner as may seem to them most convenient for the speedy despatch of business; they may, subject as in this Act mentioned, sit either together or separately, and either in private or in open court, but any complaint made to them shall, on the application of any party to the complaint, be heard and determined in open court.

[Ss. 28, 29 rep. 51 & 52 Vict. c. 25. s. 59.]
Evidence of documents.                                                                            30. Every document purporting to be signed by the Commissioners, or any one of them, shall be received in evidence without proof of such signature, and until the contrary is proved shall be deemed to have been so signed and to have been duly executed or issued by the Commissioners.

Commissioners to make annual reports.                                                             31. The Commissioners shall, once in every year, make a report to Her Majesty of their proceedings under this Act during the past year, and such report shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and, if not, then within fourteen days after the next meeting of Parliament.

Miscellaneous.
Determination of fees.                                                                            32. The Commissioners may, by general order, with the concurrence of the Treasury, appoint the fees to be taken in relation to proceedings before them, and may from time to time, by general order, with the like concurrence, increase, reduce, or abolish all or any of such fees, and appoint new fees to be taken in relation to such proceedings.

[S. 33 rep. 46 & 47 Vict. c. 39. (S.L.R.) S. 34 rep. 51 & 52 Vict. c. 25. s. 59.]

Notices, how to be given.                                                                         35. Any notice required or authorised to be given under this Act may be in writing or in print, or partly in writing and partly in print, and may be sent by post, and if sent by post shall be deemed to have been received at the time when the letter containing the same would have been delivered in the ordinary course of the post; and in proving such sending it shall be sufficient to prove that the letter containing the notice was prepaid and properly addressed and put into a post office.

Application of Act to Scotland.                                                                   36. In the application of this Act to Scotland—
(1.) The term “attending on subpœna before a Court of Record” means attending on citation the Court of Justiciary:
(2.) The Queen’s and Lord Treasurer’s Remembrancer shall perform the duties of a master of one of the superior courts under this Act.

[S. 37 rep. 51 & 52 Vict. c. 25. s. 59.]