The Law Times

es or scintilla juris be deemed to be suspended, or to remain or to bsist in him or elsewhere.

8. Sect. 24 of 22 & 23 Vict. c. 35, extended to mortgagees.-The ction twenty-four in the act of the session of the twenty-second and renty-third of Queen Victoria, chapter thirty-five, shall be read and nstrued as if the words "or mortgagee" had followed the word purchaser" in every place where the latter word is introduced in the id section.

9. Form of applying for advice of judge, &c. under section 30 of 2 & 23 Vict, c. 35.-Where any trustee, executor, or administrator hall apply for the opinion, advice, or direction of a judge of the Court f Chancery under the thirtieth section of the act of the twentyecond and twenty-third of her present Majesty, chapter thirty-five, he petition or statement shall be signed by counsel, and the judge by hom it is to be answered may require the petitioner or applicant to ttend him by counsel either in chambers or in court where he deems t necessary to have the assistance of counsel.

10. Power to Lord Chancellors, &c. of England and Ireland to nake general orders as to investment of cash under the control of the ourt. It shall be lawful for the Lord Chancellor, Lord Keeper or Lords Commissioners for the custody of the Great Seal of England, with the dvice and assistance of the Master of the Rolls, the Lords Justices of he Court of Appeal in Chancery, and the Vice-chancellors of the said ourt, or any three of them, and for the Lord Chancellor of Ireland, vith the advice and assistance of the Lords Justices of Appeal and the Master of the Rolls in Ireland, to make such general orders from time o time as to the investment of cash under the control of the court, ither in the Three per Cent. Consolidated or Reduced or New Bank Annuities, or in such other stocks, funds or securities as he or they shall, with such advice or assistance, see fit; and it shall be lawful or the Lord Chancellor, Lord Keeper or Lords Commissioners in England, and for the Lord Chancellor in Ireland, to make such orders as he or they shall deem proper for the conversion of any Three per Cent. Bank Annuities now standing or which may hereafter stand in the name of the accountant-general of the said Court of Chancery, in trust in any cause or matter, into any such other stocks, funds, or securities upon which, by any such general order as aforesaid, cash under the control of the court may be invested; all orders for such conversion of bank annuities into other funds or securities to be made upon petition to be presented by any of the parties interested in a summary way, and such parties shall be served with notice thereof as the court shall direct.

11. Trustees, fc. to invest trust funds in the stocks, fc. in which cash under the control of the court may be invested. When any such general order as aforesaid shall have been made it shall be lawful for trustees, executors, or administrators having power to invest their trust funds upon government securities, or upon parliamentary stocks, funds, or securities, or any of them, to invest such trust funds or any part thereof, in any of the stocks, funds, or securities in or upon which by such general order cash under the control of the court may from time to time be invested.

12. Clause 32 of 22 & 23 Vict. c. 35, to act retrospectively.Clause thirty-two of the said act of the twenty-second and twentythird of Queen Victoria, chapter thirty-five, shall operate retrospectively.

13. Extension of sect. 40 of 3 & 4 Will. 4, c. 27, s. 40, to cases of claims to estates of intestates.-Whereas by the act of Parliament of the third and fourth of William the fourth, chapter twenty-seven, section forty, it was exacted that after the thirty-first day of December one thousand eight hundred and thirty-three no action or suit or other proceeding should be brought to recover any sum of money secured by any mortgage, judgment or lien, or otherwise, charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same should have accrued to some person capable of giving a discharge for or release of the same, unless such acknowledgment in writing or payment of principal or interest as therein mentioned should have been given or made, and then within twenty years next after such payment or acknowledgment, or the last of such payments or acknowledgments: and whereas it is expedient that the said enactment should be extended to the case of claims to the estates of persons dying intestate: be it therefore enacted, that after the thirty-first day of December one thousand eight hundred and sixty no suit or other proceeding shall be brought to recover the personal estate, or any share of the personal estate, of any person dying intestate, possessed by the legal personal representative of such intestate, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same, unless in the meantime some part of such estate or share, or some interest in respect thereof, shall have been accounted for or paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person accountable for the same, or his agent, to the person entitled thereto, or his agent; and in such case no such action or suit shall be brought, but within twenty years after such accounting, payment, or acknowledgment, or the last of such accountings, payments, or acknowledgments, if more than one was made or given.

14. Order to take account of debts, &c. of deceased person under sect. 19 of 13 of 14 Vict. c. 35, may be made immediately after probate granted. The order to take an account of the debts and liabilities affecting the personal estate of a deceased person, pursuant to the nineteenth section of the act of the thirteenth and fourteenth years of Victoria, chapter thirty-five, may be made immediately, or at any time after probate or letters of administration shall have been granted; and such order may be made either by the Court of Chancery upon motion or petition of course, or by a judge of the said court, sitting at chambers, upon a summons in the form used for originating proceedings at chambers; and after any such order shall have been made, the said court or judge may, on the application of the executors

or administrators, by motion or summons, restrain or suspend, until the account directed by such order shall have been taken, any proceedings at law against such executors or administrators by any person having, or claiming to have, any demand upon the estate of the deceased, by reason of any debt or liability due from the estate of the deceased, upon such notice and terms and conditions (if any) as to the said court or judge shall seem just; and the judge in taking an account of debts and liabilities pursuant to any such order, shall, on the application of the executors or administrators, be at liberty to direct that the particulars only of any claim or claims which may be brought in pursuance to any such order shall be certified by his chief clerk, without any adjudication thereon; and any notices for creditors to come in which may be published in pursuance of any such order shall have the same force and effect as if such notices had been given by the executors or administrators in pursuance of the twenty-ninth section of the act of the twenty-second and twenty-third years of Victoria, chapter thirty-five.

15. Act not to extend to Scotland, &c.-This act is not to extend to Scotland, nor any of the clauses, except clause six and the subsequent clauses, to extend to Ireland.

23 & 24 VICT. CAP. 39.

An Act for the Construction of a new Harbour, and the Improvement of the existing Harbour, at Anstruther Easter in the county of Fife. -[23d July 1860.]

23 & 24 VICT. CAP. 40.

An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and to extend the Time limited for those Purposes respectively.-[23d July, 1860.]

CHEAP TRAINS, &c., AMENDMENT ACT.

23 & 24 VICT. CAP. 41.

An Act to make perpetual an Act of the Twenty-first and Twentysecond Years of Her present Majesty, to amend the Law relating to Cheap Trains, and to restrain the Exercise of certain Powers by Canal Companies being also Railway Companies.—[23d July 1860.]

21 & 22 Vict. c. 75.—Whereas an Act was passed in the session of Parliament held in the twenty-first and twenty-second years of the reign of Her present Majesty, intituled An Act to amend the Law relating to Cheap Trains, and to restrain the Exercise of certain Powers by Canal Companies being also Railway Companies: and whereas the said act will expire at the end of the present session of Parliament, and it is expedient to make the said Act perpetual: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows; that is to say,

Sect. 1. Recited act made perpetual.-That the said recited act shall be perpetual.

23 & 24 VICT. CAP. 42.

An Act to vest the Management of the Phoenix Park in the Commissioners of Public Works in Ireland.—[23d July, 1860.]

23 & 24 VICT. CAP. 43.

An Act for confirming a Scheme of the Charity Commissioners for the Administration of Archbishop Tenison's Charity in the Parish of Saint Martin in the Fields in the City of Westminster.—[23d July, 1860.

23 & 24 VICT. CAP. 44.

An Act to confirm certain Provisional Orders under the Local Government Act (1858) relating to the Districts of Southampton, Leicester, Epsom, Coventry, Ipswich, Fareham, Wells, Tormoham, Scarborough, Ludlow, Banbury, Boston, Penrith, Barnsley, and Shipley; and for other Purposes in relation thereto.-[23d July, 1860.1

23 & 24 VICT. CAP. 45.

An Act to extend the Act of the Eighth and Ninth Years of Victoria, Chapter Twenty-six, for preventing fishing for Trout or other Fresh-water Fish by Nets in the Rivers and Waters in Scotland.[23d July, 1860.]

23 & 24 VICT. CAP. 46.

An Act to amend and enlarge the Powers and Provisions of the several Acts relating to the Caledonian and Crinan Canals.-[23d July, 1860.]

23 & 24 VICT. CAP. 47.

An Act to amend the Law relative to the Legal Qualifications of Councillors and the Admission of Burgesses in Royal Burghs in Scotland.-[23d July, 1860.]

23 & 24 Vict. cap. 48.

An Act to provide for the Settlement and Discharge of the Debt due to the Commissioners of Her Majesty's Treasury from the Harbour and Docks of Leith.-[23d July, 1860.]

23 & 24 VICT. CAP. 49.

An Act for extinguishing certain Rights of Way through Colewort Barracks in the Borough of Portsmouth.-[23d July, 1860.]

23 & 24 VICT. CAP. 50.

An Act to abolish the Annuity Tax in Edinburgh and Montrose, and to make Provision in regard to the Stipends of the Ministers in that City and Burgh, and also to make Provision for the Patronage of the Church of North Leith.—[23d July, 1860.]

LOCAL TAXATION RETURNS ACT.

23 & 24 VICT. CAP. 51.

An Act to provide for an annual Return of Rates, Taxes, Tolls, and Dues levied for Local Purposes in England.-[23d July, 1860.] Whereas rates, taxes, tolls, and dues to a large amount are levied for purposes of local government and improvements in England, and it is proper that Parliament should be informed annually of all sums so levied, and the expenditure thereof, but in many cases no sufficient provision has been made for that purpose: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Sect. 1. Clerks of bodies empowered to levy rates, &c. to make annual returns to Secretary of State.-The clerk to any corporation, justices, commissioners, district or other board, vestry, inspectors, trustees, or other body or persons authorized to levy or to order to be levied any of the rates, taxes, tolls, or dues mentioned in the schedule to this act, or any other compulsory rates, taxes, tolls, or dues in England, (other than such as are levied for the public revenue of the United Kingdom,) shall make a return of the sums levied or received by or in respect of such rates, taxes, tolls, and dues, and of the expenditure thereof, to one of Her Majesty's principal Secretaries of State in the month of June in every year; the first return to be made in the month of June one thousand eight hundred and sixty-one.

2. Returns to be made for the latest year for which accounts are made up. Such returns shall be made for the latest period of twelve months preceding the month of June in each year for which the accounts of the corporation, justices, commissioners, board, inspectors, trustees, or other body or persons, shall be made up, and shall show the amounts levied and expended respectively, with such other particulars and in such form as shall from time to time be ordered by such Secretary of State.

3. Who are to make returns in certain cases.-Where no clerk is appointed or acting, the treasurer or other officer keeping the accounts of the receipts and expenditure of the corporation, justices, commissioners, board, vestry, inspectors, trustees, or other body or persons by whom any rates, taxes, tolls, or dues herein before mentioned are levied or ordered to be levied shall make the returns in relation thereto; and where any such rates, taxes, tolls, or dues are levied and expended or to be accounted for by churchwardens, chapelwardens, or any officers or persons not authorized to act as a board, such returns as herein before mentioned in respect of such rates, taxes, tolls, or dues, and the expenditure thereof, shall be made by such churchwardens, chapelwardens, or other officers or persons, and they shall be severally liable in respect of any neglect to make the same.

4. Penalty for default.-Any clerk, treasurer, churchwarden, officer, or other person required as aforesaid to make such return who neglects so to do in the month of June in any year shall be liable to a penalty not exceeding twenty pounds for every such offence, to be recoverable on summary conviction thereof before two justices.

5. Saving for returns already required.-Where any annual return is now by law required to be made to the Secretary of State, or to any public department, under any act of Parliament, this act shall not render necessary any further or other return in respect of the same matters: provided always, that the said Secretary of State may, by his order published in the London Gazette, direct that all or any of such returns now required as aforesaid shall in future be made under this act, and shall be subject to the provisions and penalties thereof.

6. Abstracts of returns to be laid before Parliament.—The said Secretary of State shall every year cause the returns transmitted to him under this act to be abstracted, and the abstract thereof to be laid before both Houses of Parliament.

7. Poor rate returns to be made to Poor Law Board as heretofore. -This act shall not extend to the rates levied for the relief of the poor, or the expenditure thereof, but the returns thereof shall continue to be made to the Poor Law Board, as by the orders of such board shall from time to time be directed.

8. Saving for joint-stock companies and private rights of toll, &c. -This act shall not extend to any tolls or dues taken by any railway, canal, or joint-stock company as profits of their undertaking, or to any tolls or dues taken by prescription or otherwise as private property.

SCHEDULE.

Church-rates and chapel-rates; whether made by the common law or under the Church Building Acts, or under any other act of Parliament.

Sewers-rates and "general sewers tax," and all rates, scots, and taxes levied by courts or commissioners of sewers; whether levied under the acts of the 3 & 4 Will. 4, c. 22, and 4 & 5 Vict. c. 45, or under any other Act of Parliament, or by charter, usage, or custom.

Rates under the Act for the lighting and watching of h 3 & 4 Will. 4, c. 90.

Rates levied by improvement commissioners or other comme or by any trustees or corporation acting under any local an paving, draining, cleansing, or watching, improvement or regu any town or district.

Rates levied by or under the order of any vestry or distric under the Act 18 & 19 Vict. c. 120, for the better local mapa of the Metropolis.

Tolls and dues levied under the authority of Parliament in of markets, bridges, or harbours.

METROPOLITAN BUILDING ACT (1855) AMENDMENT A 23 & 24 VICT. CAP. 52.

An Act to alter and amend "The Metropolitan Building Act (18:" -[23d July, 1860.]

Whereas certain rules of "The Metropolitan Building Act, WE have been found to operate prejudicially by limiting the conte buildings to be erected as workshops for the manufacture d machinery and the boilers of steam vessels, and as the increase! increasing size of such machinery and boilers for the royal and mercial marine of this country requires larger areas for their facture than are allowed by such rule, it is expedient to act said act: be it therefore enacted by the Queen's most mar Majesty, by and with the advice and consent of the Lords spi and temporal, and Commons, in this present Parliament assenta and by the authority of the same, as follows:

Sect. 1. Short Title.-This act may be cited for all purposes. "The Metropolitan Building Act (Amendment), 1860."

2. Rules as to cubical dimensions of the Metropolitan Bi Act, 1855, not to apply to buildings to be used for the manyfute machinery and boilers of steam vessels, provided that such b shall consist of one floor only, &c.-The rules of "The Metri Building Act, 1855," limiting the cubical dimensions or coca buildings used either wholly or in part for the purposes of traže u manufacture, shall not after the passing of this act appre building to be used wholly for the manufacture of the machinery. boilers of steam vessels beyond the distance of three miles in S Paul's Cathedral: provided always, that every such building shal mo sist of one floor only, and shall be constructed of brick, stone, a other incombustible material; and it shall not be lawful for the or lessees, or occupiers thereof, or for any persons interested there use such building for any other purpose than the manufacture s machinery and the boilers of steam vessels until all the rules and p visions of the said act, as to party walls and other matters which r applicable to buildings of a similar character, shall have bet complied with: Provided also, that every such building, if of dimensions than two hundred and sixteen thousand cubic feet, sha subject to the approval of the Metropolitan Board of Works, in t same manner as iron buildings or buildings to which the rus the said act are inapplicable as set forth in the fifty-sixth section such act.

DUCHY OF CORNWALL (LIMITATION OF ACTIONS) ACT 23 & 24 VICT. CAP. 53.

An Act for the Limitation of Actions and Suits by the Duke of Cry wall in relation to Real Property, and for authorizing certa Leases of Possessions of the Duchy.-[23d July, 1860.]

9 G. 3, c. 16-7 & 8 Vict. c. 105.- Whereas by an act passed i the ninth year of king George the Third, chapter sixteen, provis made for limiting the right of the king's Majesty, his heirs and sa cessors, to sue, impeach, question, or implead any person, body p or corporate, for or concerning any manors, lands, tenements, tithes, or hereditaments whatsoever (other than liberties or irati or for or concerning the revenues, issues, or profits thereof, and is quieting possessions and titles against the Crown: and whereas was passed in the session holden in the seventh and eighth res Her Majesty, chapter one hundred and five, "to confirm and estimat chise the estates of the conventionary tenants of the ancient asses able manors of the Duchy of Cornwall, and to quiet titles with county of Cornwall as against the duchy and for other purpose the provisions of the said act for quieting titles within the county f Cornwall as against the duchy do not extend to any property, gl claim, or question of, to, or concerning navigable rivers, estard, ports, or branches of the sea, or the fundus or soil thereof respective; or the shores between high and low water mark thereof respectively and whereas it is expedient that as to hereditaments not within the county of Cornwall, and also as to such hereditaments within the mi county as are excepted from the provisions of the said act of the ser and eighth years of Her Majesty, the limitation applicable to ac and suits by the Crown should be made applicable to actions and sta by the Duke of Cornwall: be it therefore enacted by the Queen's m excellent Majesty, by and with the advice and consent of the Land spiritual and temporal, and Commons in this present Parliament aseetbled, and by the authority of the same, as follows:

Sect. 1. Provisions of 9 G. 3, c. 16, as to limitations of action suits to extend to the Duke of Cornwall-All the provisions of said act of the ninth year of King George the Third now applicatie Her Majesty, her heirs and successors, shall extend and be applicatie the Duke of Cornwall, in like manner as if the same were re-enacted and the Duke of Cornwall were throughout mentioned or referred te where the King's Majesty" or "His Majesty " is in the said act mectioned or referred to, subject nevertheless as to the property and j

sessions included in this act, to the provisions contained in sections seventy-two and seventy-five of the act of the seventh and eighth years of Her Majesty above referred to with respect to the property and possessions included therein.

2. Nothing to affect provisions of 7 & 8 Vict. c. 105, 2 & 3 W. 4, c. 71, and 2 & 3 W. 4, c. 100.-Provided always, that nothing hereinbefore contained shall extend to the property or possessions in relation to which provision for the limitation of aetions and suits, and for quieting titles is made by the said act of the seventh and eighth years of Her Majesty, or affect the provisions of the act of the session holden in the second and third years of his late Majesty, chapter seventy-one, "for shortening the time of prescription in certain cases," or of the act of the same session of Parliament, chapter one hundred, "for shortening the time required in claims of modus decimandi or exemption from or discharge of tithes."

3. 21 22 Vict. c. 109-Power to council to grant leases of property declared to be vested in the Duke of Cornwall by 21 22 Vict. C. 109. And whereas by "The Cornwall Submarine Mines Act, 1858," it is enacted and declared, that all mines and minerals lying under the sea-shore, between high and low water marks, within the said County of Cornwall, and under estuaries and tidal rivers and other places (below high-water mark), even below low-water mark, being in and part of the said county, are, as between the Queen's Majesty in right of her Crown on the one hand and His Royal Highness Albert Edward Prince of Wales and Duke of Cornwall in right of his Duchy of Cornwall on the other hand, vested in His said Royal Highness Albert Edward Prince of Wales and Duke of Cornwall in right of the Duchy of Cornwall as part of the soil and territorial possessions of the said duchy, but this declaration is not to extend to the mines and ninerals in or under land below high-water mark which is part and parcel of any manor belonging to Her Majesty in right of her Crown; and it is by the said act provided, that in that act, unless there is something in the context repugnant to such construction, the expression "mines and minerals" shall comprehend all mines and minerals, and all quarries, veins or beds of stone, and all substrata of any other nature whatsoever, and the ground and soil in, upon, and under which such mines and minerals, quarries, veins or beds of stone, and other substrata lie: be it further enacted, that in any case where it appears to the council of His Royal Highness Albert Edward Prince of Wales and Duke of Cornwall that any part of the land or hereditaments by the said Cornwall Submarine Mines Act declared to be vested in his said Royal Highness as part of the soil and territorial possessions of the Duchy of Cornwall has been inclosed or otherwise improved by or at the expense of the person in the possession thereof, or of any person under whom he claims, it shall be lawful for the said council during the minority of his said Royal Highness to demise the land or hereditaments so improved, or any part thereof, for such term not exceeding ninety-nine years in possession, and subject to such rent, reservations, conditions, and agreements as under the circumstances of the case may appear to the said council just and reasonable; and every such lease shall be made under the great or privy seal of his said Royal Highness, and shall be enrolled in the office of the Duchy of Cornwall.

4. Construction of the expression "Duke of Cornwall." — In the construction of this act the expression "the Duke of Cornwall" shall include as well His Royal Highness Albert Edward now Duke of Cornwall as his predecessors and successors Dukes of Cornwall, and also the Queen's most excellent Majesty and Her predecessors and successors, Kings and Queens of England for the time being, entitled to the lands and possessions of the Duchy of Cornwall or the revenues thereof during a vacancy of the Duchy of Cornwall.

COURT OF QUEEN'S BENCH ACT AMENDMENT ACT. 23 & 24 Vict. cap. 54.

An Act to amend an Act for abolishing certain Offices on the Crown Side of the Court of Queen's Bench, and for regulating the Crown Office.-[6th August, 1860.]

67 Vict. c. 20.-Whereas it is expedient to amend so much of an act of the sixth year of Her Majesty, intituled An Act for abolishing certain Offices on the Crown Side of the Court of Queen's Bench, and for regulating the Crown Office, as relates to the number of officers on the Crown side of the said court, and as to the certificate required by the said act to be given by the Lord Chief Justice of the said court prior to filling up any vacancy arising in the said offices: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the

same:

Sect. 1. As to the office of assistant master on the Crown side of the Queen's Bench.-That from and after the passing of this act the office of assistant master now vacant, on the Crown side of the said Court, shall be abolished, and the officers on the Crown side of the said court shall be the Queen's coroner and attorney and one master.

2. Prescribing mode of filling up future vacancies in officesPresent vacancy in office of master.-Instead of the certificate required by the third section of the hereinbefore recited act to be given by the Lord Chief Justice of the Court of Queen's Bench before filling up any vacancy in any such office, it shall be sufficient if the said Chief Justice shall certify in the manner prescribed by the said act that it is necessary for the efficient and satisfactory conduct of the business of the Crown side of the said court that such vacancy shall be filled up; such certificate to be made to the Commissioners of Her Majesty's Treasury, and to be laid before Parliament, as by the said recited act is provided: provided always, that it shall be lawful for the said Lord Chief Justice to fill up the office of master on the Crown side of the

said court (such office being now also vacant) immediately after the passing of this act, and without certifying as last aforesaid.

23 & 24 VICT. CAP. 55.

An Act to authorize the Inclosure of certain Lands in pursuance of a Special Report of the Inclosure Commissioners.-[6th August, 1860.]

23 & 24 VICT. CAP. 56.

An Act to make further Provision for Improvements in the Harbours of the Isle of Man.-[6th August, 1860.]

23 & 24 VICT. CAP. 57.

An Act to authorize an Extension of the Time for Repayment of a Loan made by the West India Relief Commissioners to the Island of Dominica.-[6th August, 1860.]

FRIENDLY SOCIETIES ACT AMENDMENT ACT.

23 & 24 VICT. CAP. 58.

An Act to amend the Act of the Eighteenth and Nineteenth Years of Her Majesty relating to Friendly Societies.-[6th August, 1860.] Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Sect. 1. In case of dissolution of society under sect. 13 of 18 & 19 Vict. c. 63, not necessary to state in agreement intended division of funds, but may refer the same to the award of the registrar.—In case of the dissolution of a society, according to the provisions of the thirteenth section of the act passed in the eighteenth and nineteenth years of Her Majesty, chapter sixty-three, it shall not be necessary to state in the agreement the intended appropriation or division of the funds or other property, but it shall be lawful to the members, if they shall think fit, to refer such appropriation or division to the award of the registrar; and in case application shall be made in writing by the members of a society, not being less in number than five-eighths of the whole body thereof, setting forth that the funds of such society are insufficient to meet the claims thereon, with the grounds upon which such insufficiency can be proved, it shall be lawful for the registrar to investigate the same, and if upon such investigation he shall find that the said society is in an insolvent condition, and that it would conduce to the interests of all parties concerned, that the affairs of the society should be wound up and brought to a termination, he shall make an award to that effect, and shall direct in what manner the funds and property of the society shall be divided or appropriated, and it shall not be necessary in such case that the provisions of the said thirteenth section be complied with; provided that previous to such investigation the registrar shall give not less than twenty-one days notice in writing, to be sent by post to the trustees, secretary, or other officer of such society, at the place where such society holds its meetings.

2. Registrar's award to be conclusive without appeal.—Every award so made as aforesaid by the registrar shall be final and conclusive on all members and other persons having any claim on the funds of the said society, without appeal, and shall be enforced in the same manner as by section forty-one of the said act is provided for enforcing the award of arbitrators; and the expenses of such award, and of publishing the notice of dissolution in the Gazette, shall be paid out of the funds of the society before any appropriation thereof shall be made.

3. Evidence of dissolution.—When any agreement for the dissolution of a society authorized by section thirteen of the said act shall be transmitted to the registrar; and when any award authorized to be made by this act shall be made by the registrar, notice thereof shall, within twenty-one days after the same shall have been so transmitted or made respectively, be advertised by the registrar, as respects societies in England in the London Gazette, as respects societies in Scotland in the Edinburgh Gazette, and as respects societies in Ireland in the Dublin Gazette; and unless within three calendar months from the date of the gazette in which such advertisement shall appear, a member or other person interested in or having any claim on the funds of the society shall commence proceedings to set aside the dissolution of the society consequent upon such agreement or award, the society shall be considered for all intents and purposes, and in all courts of law and equity, as legally dissolved, and the requisite consents to such agreement, or, as the case may be, to the application to the registrar, to have been duly obtained, without proof of the signatures thereto.

4. Registrar's annual report to contain particulars of awards.—The registrar in his next annual report submitted to Parliament shall set forth the particulars of every award made under the provisions of this act which he may have made during the preceding twelve months. 5. Provisions as to societies dissolved before passing of this act.In regard to societies which have been dissolved before the passing of this act, if notice of any agreement for the dissolution of such society, already transmitted to the registrar, or of any award made under section thirteen of the said act, shall within three months after the passing of this act be advertised in such gazette as aforesaid, the provisions of section three of this act shall apply in the same way as if such agreement and award had been transmitted and made subsequent to the passing of this act.

6. Sect. 8 of 21 & 22 Vict. c. 101, repealed.—The eighth section of the act passed in the twenty-first and twenty-second years of Her Majesty, chapter one hundred and one, is hereby repealed; but where, previously to the passing of this act, any application has been made to the registrar respecting the dissolution of a society under the said section, such society shall be dissolved in the same manner and with

23 & 24 VICT. CAP. 49.

An Act for extinguishing certain Rights of Way through Colewort Barracks in the Borough of Portsmouth.-[23d July, 1860.]

23 & 24 VICT. CAP. 50.

LOCAL TAXATION RETURNS ACT.

23 & 24 VICT. CAP. 51.

Sect. 1. Clerks of bodies empowered to levy rates, fc. to make annual returns to Secretary of State. The clerk to any corporation, justices, commissioners, district or other board, vestry, inspectors, trustees, or other body or persons authorized to levy or to order to be levied any of the rates, taxes, tolls, or dues mentioned in the schedule to this act, or any other compulsory rates, taxes, tolls, or dues in England, (other than such as are levied for the public revenue of the United Kingdom,) shall make a return of the sums levied or received by or in respect of such rates, taxes, tolls, and dues, and of the expenditure thereof, to one of Her Majesty's principal Secretaries of State in the month of June in every year; the first return to be made in the month of June one thousand eight hundred and sixty-one.

2. Returns to be made for the latest year for which accounts are made up.- Such returns shall be made for the latest period of twelve months preceding the month of June in each year for which the accounts of the corporation, justices, commissioners, board, inspectors, trustees, or other body or persons, shall be made up, and shall show the amounts levied and expended respectively, with such other particulars and in such form as shall from time to time be ordered by such Secretary of State.

3. Who are to make returns in certain cases.-Where no clerk is appointed or acting, the treasurer or other officer keeping the accounts of the receipts and expenditure of the corporation, justices, commissioners, board, vestry, inspectors, trustees, or other body or persons by whom any rates, taxes, tolls, or dues hereinbefore mentioned are levied or ordered to be levied shall make the returns in relation thereto; and where any such rates, taxes, tolls, or dues are levied and expended or to be accounted for by churchwardens, chapelwardens, or any officers or persons not authorized to act as a board, such returns as hereinbefore mentioned in respect of such rates, taxes, tolls, or dues, and the expenditure thereof, shall be made by such churchwardens, chapelwardens, or other officers or persons, and they shall be severally liable in respect of any neglect to make the same.

6. Abstracts of returns to be laid before Parliament.-The said Secretary of State shall every year cause the returns transmitted to him under this act to be abstracted, and the abstract thereof to be laid before both Houses of Parliament.

SCHEDULE.

Church-rates and chapel-rates; whether made by the common law or under the Church Building Acts, or under any other act of Parliament.

Rates under the Act for the lighting and watching of Pa 3 & 4 Will. 4, c. 90.

Rates levied by improvement commissioners or other commi or by any trustees or corporation acting under any local an iz paving, draining, cleansing, or watching, improvement or regula any town or district.

Rates levied by or under the order of any vestry or distria under the Act 18 & 19 Vict. c. 120, for the better local of the Metropolis.

Tolls and dues levied under the authority of Parliament in of markets, bridges, or harbours.

METROPOLITAN BUILDING ACT (1855) AMENDMENT 23 & 24 VICT. CAP. 52.

An Act to alter and amend "The Metropolitan Building Act (1852);| -[23d July, 1860.]

Whereas certain rules of "The Metropolitan Building Act, 1956 have been found to operate prejudicially by limiting the contr buildings to be erected as workshops for the manufacture d machinery and the boilers of steam vessels, and as the increase increasing size of such machinery and boilers for the royal and s mercial marine of this country requires larger areas for their facture than are allowed by such rule, it is expedient to amend t said act: be it therefore enacted by the Queen's most e Majesty, by and with the advice and consent of the Lords spiri and temporal, and Commons, in this present Parliament assem and by the authority of the same, as follows:

Sect. 1. Short Title.-This act may be cited for all purposes 1 "The Metropolitan Building Act (Amendment), 1860."

2. Rules as to cubical dimensions of the Metropolitan Act, 1855, not to apply to buildings to be used for the manufa machinery and boilers of steam vessels, provided that such build shall consist of one floor only, &c.-The rules of "The Metrop Building Act, 1855," limiting the cubical dimensions or centers buildings used either wholly or in part for the purposes of tritu manufacture, shall not after the passing of this act apply t building to be used wholly for the manufacture of the machinery boilers of steam vessels beyond the distance of three miles fr Paul's Cathedral: provided always, that every such building stali sist of one floor only, and shall be constructed of brick, stone, is, other incombustible material; and it shall not be lawful for the own lessees, or occupiers thereof, or for any persons interested therein. use such building for any other purpose than the manufacture of th machinery and the boilers of steam vessels until all the rules and p visions of the said act, as to party walls and other matters which applicable to buildings of a similar character, shall have been ing complied with: Provided also, that every such building, if of great dimensions than two hundred and sixteen thousand cubic feet, stalke subject to the approval of the Metropolitan Board of Works, in t same manner as iron buildings or buildings to which the rals the said act are inapplicable as set forth in the fifty-sixth section such act.

DUCHY OF CORNWALL (LIMITATION OF ACTIONS) ACT 23 & 24 VICT. CAP. 53.

An Act for the Limitation of Actions and Suits by the Duke offer wall in relation to Real Property, and for authorizing cerin Leases of Possessions of the Duchy.-[23d July, 1860.]

9 G. 3, c. 16—7 & 8 Vict. c. 105.- Whereas by an act passed i the ninth year of king George the Third, chapter sixteen, provisista made for limiting the right of the king's Majesty, his heirs and s cessors, to sue, impeach, question, or implead any person, bady pdit or corporate, for or concerning any manors, lands, tenements, re tithes, or hereditaments whatsoever (other than liberties or franchi or for or concerning the revenues, issues, or profits thereof, and quieting possessions and titles against the Crown: and whereas an a was passed in the session holden in the seventh and eighth yes Her Majesty, chapter one hundred and five, "to confirm and fre chise the estates of the conventionary tenants of the ancient assessin able manors of the Duchy of Cornwall, and to quiet titles within county of Cornwall as against the duchy and for other purposts," the provisions of the said act for quieting titles within the county Cornwall as against the duchy do not extend to any property, right claim, or question of, to, or concerning navigable rivers, estaaris ports, or branches of the sea, or the fundus or soil thereof respectively; or the shores between high and low water mark thereof respective and whereas it is expedient that as to hereditaments not within t county of Cornwall, and also as to such hereditaments within themail county as are excepted from the provisions of the said act of the sevent and eighth years of Her Majesty, the limitation applicable to acti and suits by the Crown should be made applicable to actions and by the Duke of Cornwall: be it therefore enacted by the Queen' at excellent Majesty, by and with the advice and consent of the Ladi spiritual and temporal, and Commons in this present Parliament age bled, and by the authority of the same, as follows:

Sect. 1. Provisions of 9 G. 3, c. 16, as to limitations of acti suits to extend to the Duke of Cornwall-All the provisiems d said act of the ninth year of King George the Third new appli b Her Majesty, her heirs and successors, shall extend and be appli the Duke of Cornwall, in like manner as if the same and the Duke of Cornwall were throughout mentioned where the "King's Majesty" or "His Majesty "is in the tioned or referred to, subject nevertheless as to the py

essions included in this act, to the provisions contained in sections Cap. 53. eventy-two and seventy-five of the act of the seventh and eighth years of Her Majesty above referred to with respect to the property and posessions included therein.

3. 21 & 22 Vict. c. 109-Power to council to grant leases of property declared to be vested in the Duke of Cornwall by 21 & 22 Vict. c. 109.-And whereas by "The Cornwall Submarine Mines Act, 1858," it is enacted and declared, that all mines and minerals lying under the sea-shore, between high and low water marks, within the said County of Cornwall, and under estuaries and tidal rivers and other places (below high-water mark), even below low-water mark, being in and part of the said county, are, as between the Queen's Majesty in right of her Crown on the one hand and His Royal Highness Albert Edward Prince of Wales and Duke of Cornwall in right of his Duchy of Cornwall on the other hand, vested in His said Royal Highness Albert Edward Prince of Wales and Duke of Cornwall in right of the Duchy of Cornwall as part of the soil and territorial possessions of the said duchy, but this declaration is not to extend to the mines and ninerals in or under land below high-water mark which is part and parcel of any manor belonging to Her Majesty in right of her Crown; and it is by the said act provided, that in that act, unless there is something in the context repugnant to such construction, the expression "mines and minerals" shall comprehend all mines and minerals, and all quarries, veins or beds of stone, and all substrata of any other nature whatsoever, and the ground and soil in, upon, and under which such mines and minerals, quarries, veins or beds of stone, and other substrata lie: be it further enacted, that in any case where it appears to the council of His Royal Highness Albert Edward Prince of Wales and Duke of Cornwall that any part of the land or hereditaments by the said Cornwall Submarine Mines Act declared to be vested in his said Royal Highness as part of the soil and territorial possessions of the Duchy of Cornwall has been inclosed or otherwise improved by or at the expense of the person in the possession thereof, or of any person under whom he claims, it shall be lawful for the said council during the minority of his said Royal Highness to demise the land or hereditaments so improved, or any part thereof, for such term not exceeding ninety-nine years in possession, and subject to such rent, reservations, conditions, and agreements as under the circumstances of the case may appear to the said council just and reasonable; and every such lease shall be made under the great or privy seal of his said Royal Highness, and shall be enrolled in the office of the Duchy of Cornwall.

4. Construction of the expression "Duke of Cornwall."-In the construction of this act the expression "the Duke of Cornwall" shall include as well His Royal Highness Albert Edward now Duke of Cornwall as his predecessors and successors Dukes of Cornwall, and also the Queen's most excellent Majesty and Her predecessors and successors, Kings and Queens of England for the time being, entitled to the lands and possessions of the Duchy of Cornwall or the revenues thereof during a vacancy of the Duchy of Cornwall.

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The Law Times, Volume 35