Imágenes de páginas
PDF
EPUB

456

New Statutes effecting Alterations in the Lau. or regulation of the commissioners: appointed England, and everything, lawfully done under by authority of this act, such two persons shall the same, or in pursuance, thereof, and all not be compelled to live separate and apart lawful acts and proceedings of the Poor Law from each other in such workhouse.

Commissioners, and their assistant commis24. For ensuring the due visitation of work- sioners, and any officers acting under them, OE houses. And be it enacted, That in all cases in virtue of the said acts, or any of them, or where boards of guardians neglect to appoint al under their authority, or by any other person visiting committee for the purpose of visiting acting in the administration of the laws.for the the workhouse, of the union, or when three relief of the poor in England, on or before the months shall have elapsed during which such day when the commissioners first appointed committee shall have neglected to visit such under this act shall enter on their office, shall workhouse, the Poor Law Commissioners shall be as valid as if this act had not been passed; be required to appoint a visitor, not being one and every suit or other proceeding, civil or. of the guardians, at a salary to be fixed by criminal, begun before the last-mentioned day, them, to be paid out of the general fund of the in the name and under the authority of the union : Provided always, that the appointment Poor Law Commissioners, shall have the same of any such paid visitor shall cease at the expir force and effect, if continued in their names ration of three calendar months next after the under the sanction of the commissioners, as if appointment of any visiting committee by the the Poor Law Commissioners had continued guardians, subject, nevertheless, to his re- to act in execution of the said acts of parliaappointment in case of any repetition of such ment; and nothing herein contained shall in neglect of the guardians or visiting committee any way take away or interfere with any right. as aforesaid.

of action or of defence to the same, or any 25. For confirmation of the proceedings of liability to be sued or prosecuted for any boards of guardians.--And be it enacted, That penalty, for or against any person under the in any civil or criminal proceeding it shall not said acts, or any of them, according to the rebe necessary to prove the sending of the spective provisions thereof, which shall have original order of the Poor Law Commissioners, accrued wholly or in part before the lastor of the commissioners constituting any board mentioned day. of guardians, in any case in which any persons

28. Commission to continue for five years.professing to form a board in obedience to such Provided always, and be it enacted, That no order shall have taken upon themselves to act, commissioner constituted under this act, nor and shall have continued for three years to act, any inspector, secretary, or other officer or perin the execution of the laws for the relief of the son to be appointed and employed by the compoor; and in no proceeding shall it be lawful missioners in the business of their office under to question the qualification or validity of the this act, shall continue to hold his respective election of any person as a guardian after the office under this act, or exercise any of the end of twelve months next following the powers given by this act, for a longer period election, or the time when the alleged disquali- than five years rext after the day of the passing, fication or want of qualification of the person of this act, and thenceforth untis the end of the against whom such proceeding shall be directed then next session of parliament; and from and. shall have arisen.

after the expiration of the said period of five. 26. Penalties for giving false evidence, or re- years, and of the then next session of parliafusing to give evidence. And be it declared ment, so much of this act as enables her Maand enacted, That every person who upon any jesty to appoint any commissioner shall cease examination under the authority of this act to operate or to have any effect whatever. shall wilfully give false evidence, or wilfully 29. Interpretation of act.-And be it enacted, makeor subscribe a false declaration, shall, on That this act shall be construed in the sane being convicted thereof, suffer the pains and manner as the said act of the 5. W. 4, and the penalties of perjury; and every person who said act of the 6 Vict., and the several acts shall refuse or wilfully neglect to attend in passed for the amendment of the said acts or obedience to any summons of the commis- either of them, and as one act with the same, sioners, or any inspector, or to give evidence, and with the acts and provisions thereby die or who shall wilfully alter, suppress, conceal, rected to be construed as one act, unless where destroy, or refuse to produce any books, con- otherwise directed by this act. tracts, agreements, accounts, maps, plans, 34. Act may be amended, &c.—And be it. surveys, valuations, or writings, or copies of enacted, That this act may be amended or rethe same, which may be required to be pro- pealed by any act to be passed in this session. duced for the purposes of this act, to any per- of parliament. son authorized by this act to require the production thereof, shall be deemed guilty of a

COLONIAL COPYRIGHT.. misdemeanor. 27. Confirmation of proceedings under recited

10 & 11 Vict. c. 95. acts. ---And be it enacted, That, save when An Act to amend the Law relating to the Provaried or repealed by this act, and subject to

tection in the Colonies of Works entitled to the provisions herein contained, all the powers

Copyright in the United Kingdom. [22nd. and provisions of the recited acts and of all July, 1847.] other acts relating to the relief of the poor in 1. 5 8 6 Vict. c. 45,-8 & 9 Vict. c. 93.

New Statutes.-Metropolitan and Provincial Law Association.

457 Her Majesty may suspend in certain cases the ordinance shall come into operation, except so prohibitions against the admission of pirated far as may be otherwise provided therein, or ass books into the colonies in certain cases.-may be otherwise directed by such order in Whereas by an act passed in the session of council, anything in the said last recited act or parliament holden in the 5 & 6 Vict., intituled in any other act to the contrary notwithstand** An Act to amend the Law of Copyright,” iting. is amongst other things enacted, that it shall 2. Orders in councit to be published in Gazette. not be lawful for any person not being the pro- -Orders in council and the colonial acts or OTprietor of the copyright, or some person autho- dinances to be laid before parliament.–And be rized by him, to import into any part of the it enacted, That every such order in- council United Kingdom, or into any other part of the shall, within one week after the issuing thereof, British dominions, for sale or hire, any printed be published in the London Gazette, and that a book first composed or written or printed or copy thereof, and of every such colonial act or published in any part the United Kingdom ordinance so approved as aforesaid by her Mawherein there shall be copyright, and reprinted jesty, shall be laid before both houses of parin any country or place whatsoever out of the liament within six weeks after the issuing of British dominions : And whereas by an act such order, if parliament be then sitting, or if passed in the session of parliament holden in parliament be not then sitting, then within six the 8 & 9 Vict., intituled "An Act to regulate weeks after the opening of the next session of the Trade of the British Possessions abroad,” parliament. books wherein the copyright is subsisting, first 3. Act may be amended, 8-c.--And be it ens. composed or written or printed in the United acted, That this act may be amended or rem Kingdom, and printed or reprinted in any pealed by any act to be passed in this session of other country, are absolutely prohibited to be parliament. imported into the British possessions abroad: And whereas by the said last-recited act it is enacted, that all laws, byelaws, usages, or

METROPOLITAN AND PROVINCIAL customs in practice, or endeavoured or pre

LAW ASSOCIATION. tended to be in force or practice in any of the British possessions in America, which are in

From some communications we have reanywise repugnant to the said act or to any act ceived, we deem it necessary to repeat; that the of parliament made or to be made in the United principle (as we understand it) on which this Kingdom, so far as such act shall relate to and association is mainly founded is that of a genemention the said possessions, are and shall be ral union of town and country solicitors: The. null and void to all intents and purposes whatsoever : Now, be it enacted,' by the Town is already numerously represented by the Queen's most excellent Majesty, by and Incorporated Law Society. The Country, inwith the advice and consent of the Lords many parts of it at least, is also well represented spiritual and temporal, and Commons, in this by its various Local Societies. They each act in. present parliament assembled, and by the authority of the same, That in case the legisla- their several vicinities with various degrees of ture or proper legislative authorities in any activity and usefulness. British possession shall be disposed to make The avowed purpose of the founders of the due provision for securing or protecting the

new association is to combine the influence now rights of British authors in such possession, and shall pass an act or make an ordinance for scattered over the country into one focus, in that purpose, and shall transmit the same in the order that the profession may regain and upproper manner to the Secretary of State, in hold its social and legal position in the comorder that it may be submitted to her Majesty, munity. and in case her Majesty shall be of opinion that such act or ordinance is sufficient for the

Towards this end, the public mind must be purpose of securing to British authors reason- disabused of the prejudice against the general able protection within such possession, it shall body, which the misconduct or the ignorance be lawful for her Majesty, if she think fit so to of some of its members has occasioned; and do, to express her royal approval of such act or ordinance, and thereupon to issue an order in the legislature must be made acquainted with the council declaring that so long as the provisions justice of the claims of the attorneys and soliciof such act or ordinance continue in force with- tors to participate in the honours which belong in sucb colony the prohibitions contained in to the profession. the aforesaid acts, and herein-before recited, and any prohibitions contained in the said acts

In order effectually to carry out the purposes or in any other acts against the importing, of the association, it is necessary that the pracselling, letting out to hire, exposing for sale or titioners throughout the kingdom should im* hire, or possessing foreign reprints of books mediately enrol their names as members. The first composed, wrtiten, printed, or published in the United Kingdom, and entitled to copy present is the most favourable. juncture for the right therein, shall be suspended so far as re

success of the undertaking. A meeting will gards such colony; and thereupon such act or take place next month, at which the result' of

458

Proposed Alterations in the Law of Marriage. the address of the committee will be considered, the defect; and others, again conceive that the and a large return of names from all parts of mere celebration of the marriage in such a the country will, no doubt, have an important these doubts has been, especially among the

country is sufficient ;-and the consequence of influence on the future measures which the middle class, to make these marriages very frecommittee

may

deem it expedient to adopt. quent, the inevitable result of such state of Again, therefore, we recommend every at-things must be (as has been truly stated in the torney and solicitor to communicate his deter- petitions presented to parliament from almost all

the most eminent solicitors in the kingdom), mination to the Committee, who are zealously that, ere long, the legitimacy of the innocent engaged in the establishment of the association. Offspring of such marriages will be called in

question, their titles disputed, and their lives PROPOSED ALTERATIONS IN THE

embittered by family litigation. LAW OF MARRIAGE.

“Sthly, That there is no rational ground for objection, that the power to contract a valid

marriage with a deceased wife's sister would REASONS FOR REPEALING THE 5 & 6 W. 4, encourage immorality between the husband and c. 54.

the wife's sister during the wife's life, since the AMONG the reasons for repealing the act of universal abhorrence with which adultery of 1835 (5 & 6 W.4, c. 54), which prohibits mar- this description is regarded has been found to riage with a deceased wife's sister, the following operate in every country as a sufficient prevenhave been suggested :

tion of the crime; and it is absurd to suppose “1st, That any restraints upon so sacred an

that any man who could deliberately, during institution as marriage can be justified only by the life-time of his wife, contemplate the seducthe express command of scripture, or the im- tion of her sister, would be deterred from his perative calls of social expediency; neither of purpose by an act of parliament which prowhich can with any shadow of reason be hibits marriage with her after the wife's death, pleaded as a ground for prohibiting the mar- but subjects him to no punishment for seducing riage in question.

her during the wife's lifetime. 2ndly, That there is no consanguinity, or

"9thly, That the only other plausible objecblood relationship, between the parties, and tion which has been urged against legalizing therefore no physical ground for the prohibi- marriage between a widower and his deceased tion.

wife's sister, viz. the supposed scandal which “ 3rdly, That the deceased wife's sister is would arise from her keeping his house and almost invariably the fittest person to take charge taking charge of his family, is equally untenof the motherless children, who, under her care, able ; since it would rather be inferred by all are rarely exposed to the proverbial harshness reasonable persons, that, if the parties were free and injustice of a stepmother.

to marry, and wished to cohabit, they would " 4thly, That there is no kind of marriage marry-and that, not marrying, they could have which affords a better chance of domestic hap- no desire to cohabit, piness, inasmuch as there is none in which the 10thly, That, while one clause of the act of parties are likely to have had so many opportu- 5 & 6 Vict. c. 54, expressly confirmed all marnities of becoming acquainted with the temper, riages of this description celebrated before a feelings, and habits of each other.

given day, another clause (introduced after the " 5thly, That the experience of the last twelve bill was presented to parliament) makes void years abundantly proves the inefficiency of a similar marriages solemnized after that day : mere conventional prohibition to prevent these thus, to a great extent, defeating the purpose of marriages.

the noble lord who framed the bill, by casting 6thly, That the existing law, while it is a moral slur upon those very marriages to violated by numerous individuals in all classes of which a preceding clause had given a legal society, is producing, among the lower classes, sanction. extensive demoralization; the effect being to “Lastly, That marriage in this case is perenable persons to go through the ceremony of mitted, either with or without dispensation, in marriage, and to deny its legality when it suits almost every other Protestant as well as Roman their purpose. Several hundreds of the paro- Catholic country, without producing any ill chial clergy, and large bodies of the laity, have effects, or diminishing the freedom of domestic already, in their petilions to parliament, borne intercourse; and, therefore, the continued extestimony to the truth of this statement. istence of the restrictions upon these marriages

“7thly, That the legal force of the prohibi- in our own Statute Book, is a standing reproack tion, as applicable to marriages of this kind upon the English nation, proclaiming to the solemnized abroad, admits of serious doubts whole world, that, in the opinion of the legisamongst our most experienced lawyers ;—some lature, the people of this country are less under considering that it works a personal disqualifi- the control of religious and moral principle cation between the parties, which neither time, than those of any other christian country, and nor place, nor cireumstance, can remove; while need restraints upon their conduct which are others, of equally high authority, are of opinion found to be unnecessary elsewhere." that domicile in any of the numerous countries where such marriages are lawful, will remedy

International Copyright.-Local and Personal Acts.

459 INTERNATIONAL COPYRIGHT. ton-in-Furness in the county palatine of Lan

caster, and to alter the act relating thereto. According to an order in council, pub

7. An Act to alter, amend, and enlarge the lished in the Gazette of 31st August, it is or- powers and provisions of an act passed in the dered, that the authors, inventors, designers, 2nd year of the reign of his late Majesty King &c., of any books, prints, sculptures, dramatic George the 4th, intituled “ An Act for lighting works, musical compositions, and other works with gas the town and borough of Ipswich in of literature and the fine arts (in which the laws the county of Suffolk. of Great Britain give any privilege of copyright Waterworks Company to raise a further sum

8. An Act for authorizing the Cheltenham to British subjects) first published within the dominions of the states forming the Thuringian

of

money. Union, shall, after the 15th day of July last, the harbour of Newhaven and the navigation of

9. An Act for more effectually maintaining have a privilege of copyright therein, in the same manner and for the same period as is en

the river Ouse between Newhaven and Lewes, joyed by British subjects, throughout Great and for draining the low lands lying in Lewes Britain, subject to the same proviso as to regis- and Laughton Levels, all in the county of tration,

Sussex. The same Gazette also contains an order in

10. An Act for making a railway from Smithscouncil, dated the 10th of August, 1847, by town to Dalmellington in the county of Ayr. which the duty on books originally produced Valley, Sudbury, and Halstead Railway Com: 2

11. An Act to enable the Colchester, Stour place within the dominions of the said states is pany to make an extension of their railway declared to be 21. 10s. per cwt., and on books from Sudbury to Melford, Lavenham, and Clare, published or republished at any place within

in the county of Suffolk. the states, not being books originally produced Chesterford Railway Company to extend their

12. An Act to enable the Newmarket and in the United Kingdom, 15s. per cwt.

3 prints or drawings, plain or coloured, published line of railway to Bury Saint Edmunds, with a within the said states, single, each one half- branch to the city of Ély. penny; bound or sewn, the dozen, three half

13. An Act for repealing certain provisions pence duty.

of the Newmarket and Chesterford Railway Act, 1846.

14. An Act to amend some of the provisions LOCAL AND PERSONAL ACTS, of the Manchester Markets Act, 1846.

15. An Act to enlarge the powers of “Th DECLARED PUBLIC,

Wolverhampton Gas Light Company," and to AND TO BE JUDICIALLY NOTICED. authorise the union of such company with “The

Wolverhampton New Gas Company. 1. An Act to change the name of the Pro- 16. An Act to enable the Hartlepool West testant Dissenters and General Life and Fire Harbour and Dock Company to construct adInsurance Company to the General Life and Fire ditional docks; and for repealing an act passed Assurance Company, and to extend to the com- in the 7th year of the reign of her present Mapany, by its new name, the powers of the act jesty, relating to the said Hartlepool West enabling the company to sue and be sued in the Harbour and Dock Company, and for granting Name of the chairman, deputy chairman, or new powers and provisions in lieu thereof. any one of the directors or of the secretary of 17. An Act to enable the major, aldermen, the company

and burgesses of the borough of Bolton in the 2. An Act for regulating proceedings by or county of Lancaster to improve such borough, against “Llynvi Iron Company," and for grant- and to take a lease of and to purchase the ing certain powers thereto.

works of the Bolton Waterworks Company. 3. An Act for the continued repair and main- 18. An Act to enable the Colchester, Stour tenance of the road from or near Whiteburn in Valley, Sudbury, and Halstead Railway Com

4 the county of Berwick to the town of Kelso in pany to make an extension railway from Laventhe county of Roxburgh; and to authorize the ham to Bury Saint Edmunds in the county of transfer of a portion of the said road to the Suffolk. trustees of the road from Lauder, to and through 19. An Act for authorizing the sale of the Kelso, to the Marchburn.

Eastern Union and Hadleigh Junction Railway 4. An Act for incorporating the District Fire to the Eastern Union Railway Company. Insurance Company of Birmingham, by the 20. An Act to enable the Newmarket and name of “The District Fire Insurance Com- Chesterford Railway Company to extend their pany;" for enabling the said company to sue line of railway to Thetford in the county of and be sued; and for other purposes relating Norfolk. to the said company.

21. An Act to enable the Colchester, Stour 5. An Act for lighting with gas the township Valley, Sudbury and Halstead Railway Comof Shipley, the village of Windhill

, and the pany to grant a lease of their undertaking to neighbourhood thereof, in the West Riding of the Ipswich and Bury Saint Edmunds Railway the county of York.

Company: 6. An Act for extending and enlarging a cer- 22. An Act to enable the Caledonian Railway tain pier in Pile harbour in the parish of Dal-Company to make an extension of the Mother

6

[merged small][ocr errors]

460 Local and Personal Acts, declared Public, and to be Judicially Noticed. well branch of the Clydesdale Junction Rail- raise a sum of money for paying off the way to Auchinheath Mineral Field, with branches monies now charged on the Bridge House therefrom.

Estates by authority of parliament, and to raise 23. An Act to enable the Caledonian Rail- further monies upon the credit of the said way Company to make branch railways to estates, and of their own estates and revenues, Wilsontown, to Fauldhouse, and to Biggar and for effecting public works and improvements Broughton.

in and near the said city. 24. An Act to enable the Caledonian Rail. 38. An Act for enabling the Metropolitan way. Company to make branches from the Sewage Manure Company to alter the line of Clydesdale Junction Railway to the Douglas their works; and for other purposes. and Lesmahagow Mineral Fields, and Strat- 39. An Act to authorize the purchase by the havon.

Aberdeen Railway Company of a piece of 25. An Act to abolish, reduce, equalize, and ground at the upper part of the Inches and consolidate the rates and duties leviable at the upper part of the harbour of Aberdeen, now harbour and docks of Leith.

vested in the Aberdeen Harbour Commis26. An Act for better supplying with water sioners, and to enable such commissioners to the inhabitants of the town and borough of make certain alterations and new works coriRochdale, and of several townships and places, nected with such harbour. all in the parish of Rochdale in the county of 40. An Act for better lighting with gas the Lancaster.

town of Runcorn, otherwise called Higher 27. An Act for granting further powers to Runcorn and Lower Runcorn, and also certain the Bristol and Clifton Oil Gas Company: townships and hamlets in the vicinity.

28. An Act for better supplying with gas 41. An Act for lighting with gas the town and water the royal burgh of Inverness, and neighbourhood of Bingley in the West suburbs, and places adjacent.

Riding of the county of York. 29. An Act for amending the Ryde Im- 42. An Act for rendering more efficient the provement Act,

Dublin Consumers' Gas Campany. 30. An Act for better assessing the poor 43. An Act for extending the powers of the rates, highway rates, county and police rates, Imperial Continental Gas Association. and other parochial and local rates, on small 44. An Act to amend and extend the pro. tenerents in the several townships of Wolver- visions of an Act passed in the third year of hampton, Bilston, Willenhall, and Wednes- the reign of King George the Fourth, intituled field, in the county of Stafford.

" An Act for incorporating the Warrington 31. An Act to enable the Shipowners' Gaslight Company." Towing Company to sue and be sued.

45. An Act for removing the market between 32. An Act to alter and amend an Act, in- King Street and Castle Street in the town of tituled " An Act for providing in or near the Sheffield, and for providing a new market place burgh of Cupar more extensive Accommoda- in lieu thereof, and for regulating and maintion for holding the Courts and Meetings of the taining the markets and fairs of the said town. Sheriff, Justices of the Peace, and Commission- 46. An Act for better and more effectually ers of Supply of the County of Fife; and for ascertaining, assessing, collecting and levying the Custody of the Records of the said the poor rate and all other rates and assessCounty ;” and to authorize commissioners act- ments in the parish of Ewell in the County of ing under the authority of that act to provide Surrey; and for the better management of the a court house at Dunfermline for the accom- business and affairs of the said parish ; and for modation of the courts of the sheriff and other purposes relating thereto. justices of the peace in the western district of 47. An Act for repealing the acts relating to the said county:

the roads leading from the Lower Market 33. An Act for better assessing and collect House in Tavistock to Old Town Gate in the ing the poor, church, and highway rates within borough of Plymouth, and from Manadon Gate the parish of Kingston-upon-Thames in the to the Old Pound, near Devonport, in the county of Surrey.

county of Devon, and making other provisions 34. An Act to enable the Scottish Union In- in lieu thereof. surance Company to purchase annuities and 48. An Act to enlarge and improve the meal, invest money on securities in England and Ire- corn, and grain markets of the city of Edinland; and for other purposes relating thereto. burgh; and for other purposes in relation

35. An Act for incorporating the Scottish thereto. Equitable Life Assurance Society, for confirm- 49. An Act for establishing a market and ing the rules and regulations thereof, for en- market place in the town and borough of abling the said society to sue and be sued, to Wakefield. take and to hold property; and for other pur- 50. An Act to repeal the Waterford Road poses relating thereto.

Act. 36. An Act for regulating legal proceedings 51. An Act for the better maintenance, imby or against “Claridge's Patent Asphalte provement, and repair of the Glasgow and Company,” and for granting certain powers Shotts Turnpike Roads. thereto.

52. An Act for the amendment of the Port 37. An Act to enable the mayor and com- and Harbour Acts of Belfast, for making furmonalty and citizens of the city of London to ther improvements and new works there, and

« AnteriorContinuar »