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Definition of

Night.

Costs of Prosecutions

Act, to be

"13. The Time at which the Night shall commence and conclude in any Offence against the Provisions of this Act shall be the same as in Cases of Burglary.

"14. In all Prosecutions for any Offence against the under this Provisions of this Act, it shall be lawful for the Court before which any such Offence shall be prosecuted or tried, to allow the Expenses of the Prosecution in all respects as in Cases of Felony."

Court.

XIII.-BOARD OF TRADE.

14 & 15 VICT. CAP. 64.

An Act to repeal the Act for constituting Commissioners of Railways.

[7th August, 1851.]

WHEREAS an Act was passed in the Session holden in the Ninth and Tenth Years of Her Majesty (Chapter 9 & 10 Vic. One hundred and five), for constituting Commissioners

c. 105.

Repeal of

recited Act:

Powers &c.

of Commis

of Railways": And whereas it is expedient that the said Act should be repealed, and Provision be made for the Exercise and Performance of the Powers and Duties which since the passing of the said Act have been vested in or imposed on the said Commissioners: Be it enacted".... as follows:

1. From and after the Tenth of October One thousand eight hundred and fifty-one, the said Act shall be repealed; and all Powers, Rights, Authorities, and Duties vested in or exercised or performed by the Commisunder subse- sioners of Railways under any Act passed since the

sioners of Railways

quent Acts,

[blocks in formation]

The present act, therefore, does not devolve upon the Board of Trade the new powers and duties which were given to the late Commissioners of Railways by § 10, 11, &c. of the act of 1846, (9 & 10 Vic. c. 105,) the last-named act being altogether and simply repealed: for that act, see App., No. XXXII.

Trade.

passing of the said recited Act, or which may be passed transferred during the present Session of Parliament, shall be to Board of transferred to and vested in and performed by the Lords of the Committee of Her Majesty's Privy Council for Trade and Foreign Plantations, as if they had been named in such Acts instead of the said Commissioners; and all Proceedings pending before the said Commissioners on the said Tenth of October", or carried on under their Authority, shall be continued and carried on by and before the Lords of the said Committee, who shall have, exercise, and perform the same Powers, Rights, Authorities, and Duties in respect of all such Proceedings as might have been exercised or performed by such Commissioners in case this Act had not been passed.

any

continue

appointed by

sioners of

Railways.

Orders, Notices, &c., of

the

Board of how to

2. It shall be lawful for the Lords of the said Com- Board of mittee, with the Approval of the Commissioners of Her Trade may Majesty's Treasury, to continue, for the Transaction of Officers the Business transferred to the Lords of the said Com- Commismittee under this Act, all or any of the Officers and Servants appointed by the said Commissioners of Railways; and from Time to Time, with such Approval, to remove such Officers and Servants, or any of them. 3. Where by any Act relating to Railways or to Railway, the Commissioners of Railways or the Lords of the said Committee are empowered or required to make or issue any Appointment, Authority, Determination, Order, Requisition, Regulation, Certificate, or Notice, or to do any other Act, the Lords of the said Committee may, after the said Tenth of October, signify such Appointment, Authority, Determination, Order, Requisition, Regulation, Certificate, Notice, or other Act, by a written or printed Document, signed by One of the joint Secretaries of the Lords of the said Committee, or by some Assistant Secretary or other Officer ap

This includes the powers devolved upon the late Commissioners of Railways by the special acts of any Companies, as well as by general acts.

The date of repeal of the act of 1846 taking effect; § 1, p. 214.

Trade

Prevention

of False Lights.

General

Lighthouse
Authorities

pointed by them to sign Documents relating to Railways; and every Appointment, Authority, Determination, Order, Requisition, Regulation, Certificate, Notice, or other Act, signified by a written or printed Document purporting to be so signed as aforesaid, shall be deemed to have been duly made, issued, or done by the Lords of the said Committee; and every such Document shall be received in Evidence, in all Courts and before all Justices and others, without Proof of the Authority or Signature of such Secretary or other Officer, or other Proof whatsoever, until it be shown that such Document was not signed by the Authority of the Lords of the said Committee.

XIV. RAILWAY LIGHTS.

17 & 18 VICT. CAP. 104.

An Act to amend and consolidate the Acts relating to
Merchant Shipping.

[10th August, 1854.]

The following provisions are extracted from "The Merchant Shipping Act, 1854," and inserted herein, as affecting Coast Lines in situations where the Lights at Railway Stations, &c., are visible at Sea and liable to be mistaken for those of a Lighthouse.

EXTRACTS from "PART VI.-LIGHTHOUSES," in the

66

above Act.

"Prevention of False Lights.

"§ 415. Whenever any Fire or Light is burned or exhibited at such Place or in such Manner as to be liable to be mistaken for a Light proceeding from a Lighthouse,

taken for
Lighthouse
Lights:
Notice to be

served, to ex

screen Lights,

same for the

it shall be lawful for the General Lighthouse Authoritya may prohibit Lights liable within whose Jurisdiction such Place is situate, to serve to be misa Notice upon the Owner of the Place where the Fire or Light is burnt or exhibited, or on the Person having the Charge of such Fire or Light, either personally or by Delivery at the Place of Abode of such Owner or tinguish or Person, or by affixing the same in some conspicuous and prevent Spot near to such Fire or Light; and by such Notice to future. direct such Owner or Person", within a reasonable Time to be therein specified, to take effectual Means for the extinguishing or effectually screening such existing Light and for preventing for the future any similar Fire or Light; and any Owner or Person' disobeying such Penalties for Notice shall be deemed guilty of a Common Nuisance, disobeying and in addition to any other Penalties or Liabilities of any Kind thereby incurred, shall incur a Penalty not exceeding One Hundred Pounds.

Notice.

obeyed,

may enter

extinguish

"416. If any Owner or Person served with such If Notice not Notice, as aforesaid, neglects, for a Period of Seven Days, Lighthouse to extinguish or effectually screen the Fire or Light Authorities therein mentioned, it shall be lawful for the General premises and Lighthouse Authority within whose Jurisdiction the Lights: same may be, by their Servants or Workmen, to enter upon the Place whereon the same may be, and forthwith to extinguish such Fire or Light, doing no unnecessary Damage; and all Expenses incurred by such Authority Expenses in such Extinction may be recovered from such Person recoverable or Owner, as aforesaid, in the same way as Penalties are ties. hereby directed to be recoverable"."

like Penal

The "General Lighthouse Authority" is for England and Wales and the Channel Islands, the Trinity House; for Scotland and the Isle of Man, the Commissioners of Northern Lighthouses; and for Ireland, the Port of Dublin Corporation or Ballast Board:-§ 389.

The interpretation clause provides that the word "Person' shall include Body Corporate":-(§ 2.)

For provisions for Recovery of Penalties, see in the act "Part X.-Legal Procedure," § 517 et seq.

Interpreta-
tions:
"Board of
Trade:"

"Traffic:"

"Railway :"

"Canal."

'Company."

XV.-TRAFFIC REGULATION.

17 & 18 VICT., CAP. 31.

An Act for the better Regulation of the Traffic on Railways and Canals.

[10th July, 1854.]

WHEREAS it is expedient to make better Provision for regulating the Traffic on Railways and Canals: Be it enacted"....as follows:

1. In the Construction of this Act,

"The Board of Trade" shall mean the Lords of the Committee of Her Majesty's Privy Council for Trade and Foreign Plantations:

The Word "Traffic" shall include not only Passengers and their Luggage, and Goods, Animals, and other Things conveyed by any Railway Company or Canal Company, or Railway and 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 Word" Railway" shall include every Station of
or belonging to such Railway, used for the Purposes
of public Traffic: and

The Word "Canal" shall include any Navigation
whereon Tolls are levied by Authority of Parlia-
ment, and also the Wharves and Landing Places of
and belonging to such Canal or Navigation, and
used for the Purposes of public Traffic:
The Expression "Railway Company," "Canal Com-
pany," or "Railway and Canal Company," shall
include any Person being the Owner or Lessee of,
or any Contractor working, any Railway or Canal
See note in p. 1.

a

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