Definition of been lawfully made or constructed in case this Act had not been passed without the previous Consent of the Lord High Admiral of the United Kingdom of Great Britain and Ireland, or the Commissioners for executing the Office of Lord High Admiral of the United Kingdom aforesaid for the Time being, to be signified in Writing under the Hand of the Secretary of the Admiralty, and then only according to such Plan and under such Restrictions and Regulations as the said Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral aforesaid, may approve of, such Approval being signified as last aforesaid; and if any such Work shall be commenced or completed contrary to the Provisions of this Act, it shall be lawful for the said Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral aforesaid, at his or their Discretion, to abate and to remove the same, and to restore the Site thereof to its former Condition, at the Cost of the Person, or of any One or more of the Persons by whom the same shall have been so commenced or completed; and nothing herein contained shall authorize or enable any Person acting or pretending to act under this Act to make or construct any Work injurious to the Navigation of any navigable River or Canal, or to use or occupy Land between High and Low Water Mark, without the Consent of Her Majesty's Commissioners of Woods and Forests. XX. And be it enacted, That in the Construction of this Act (except where the Nature of the Provision or the Context of the Act is repugnant to such Construction) "the Commissioners" shall mean the said Inclosure Commissioners for England and Wales; and the Word "Plan" shall extend to Drawings and Sections; and the Word "River" shall extend to all Rivers, Rivulets, Lakes, Canals, Streams, and Estuaries; and the Word "Person" and the Word "Proprietor" shall extend to the Queen's Majesty, and to all Bodies Politic, Corporate, or Collegiate, and also all Bishops, Parsons, and other Ecclesiastical Persons; the Words "Persons interested in the Land" shall mean such Persons as would be deemed to be so interested under the Provisions of the said Act of the Eighth and Ninth Years of Her present Majesty; the Word " Agent" shall extend to any Person employed to receive Rents; the Word "Justice" shall mean Justice of the Peace acting for the County, Riding, City, Division, Liberty, or other Place where the Matter requiring the Cognizance of any such Justice shall arise, and who shall not be interested in the Matter; and the Words "Churchwarden" and "Parish" shall respectively extend to any Chapelwarden, or other Officer executing any similar Duties, and to any Township or other Division or extra-parochial Place for which such Officer is appointed; and where any Matter shall be authorized or required to be done by Two Justices the Expression "Two Justices" shall be understood to mean Two or more Justices assembled and acting together in Petty Sessions; and every Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as one Person Person or Thing; and every Word importing the Plural Number shall extend and be applied to one Person or Thing as well as several Persons or Things; and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male. XXI. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in the present Session of amended, &c. Parliament. CAP. XXXIX. An Act to amend an Act to enable Burghs in Scotland of His Majesty King William the Fourth, intituled An Act to 3&4 W.4.c.46. enable Burghs in Scotland to establish a general System of Police: And whereas an Act was passed in the same Session of Parliament in the said Third and Fourth Years of the Reign ' of His said Majesty, intituled An Act to provide for the Ap- 3&4 W.4.c.77. pointment and Election of Magistrates and Councillors for the several Burghs and Towns of Scotland which now return or contribute to return Members to Parliament, and are not Royal Burghs: And whereas it is expedient that the Burghs and 'Towns to which Magistrates and Councillors were by the said last-recited Act provided should have the Power of adopting the Powers and Provisions of the said first-recited Act in the • Manner and to the Effect by the said first-recited Act provided in relation to Royal Burghs, Burghs of Regality, and Burghs of Barony: And whereas it is expedient that in all Cases in which the Powers and Provisions of the said first-recited Act 'shall be in whole or in part adopted the Execution and Ad⚫ ministration thereof should be vested in the Magistrates and Councillors of Royal Burghs, Burghs of Regality, and Burghs of Barony, and of the Burghs and Towns to which Magistrates and Councils were by the said second-recited Act provided ⚫ that shall adopt the same, and that the Majority of the Electors upon whose Decision such Adoption is provided by the said 'first-recited Act to take place should be diminished: And whereas by the said second-recited Act no Provision is made for defraying the necessary Expences of the Municipal Estab⚫lishments thereby constituted, and the other Expences attending the Administration of the Affairs of the said Burghs and Towns, and some of the said Burghs and Towns do not possess any Common Good or Means, or do not possess adequate Means of defraying such Expences, and it is necessary that the said first-recited Act should in this and other respects be altered and amended:' Be it enacted by the Queen's most 6 6 6 Ff2 Excellent Power to 10 & 11 VICT. 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 Fifteenth Day of November One thousand Towns to adopt Provisions of eight hundred and forty-seven it shall be lawful to all Burghs General Police and Towns to which Magistrates and Councils were by the said second-recited Act provided, and on which Municipal Governments are thereby conferred, to adopt in whole or in part, with and under the Powers, Provisions, and Conditions therein contained, the Powers, Provisions, and Authorities of the said firstrecited Act, and for the Purposes and to the Effect therein provided in relation to Royal Burghs and Burghs of Regality and of Barony adopting the same. Act. Magistrates and Council may convene Occu mine whether Act shall be adopted. Resolution to adopt to be carried by Majority of Two Thirds. General Police Act to be executed by Magistrates and Council. II. And be it enacted, That where any Royal Burgh or any Burgh of Regality and Burgh of Barony having Magistrates and Councils, and where any Burgh or Town to which Magistrates and Councils were provided under the said second-recited Act, intends to adopt in whole or in part the Powers and Provisions of the said first-recited Act, it shall be lawful for the Magistrates and Council of any such Burghs or Towns, without any such Application of Householders as is by the said first-recited Act prescribed, to convene the Occupiers of Premises of the yearly Value of Ten Pounds in the Manner by the said Act directed to consider and determine whether the Provisions of the said firstrecited Act shall be in whole or in part adopted, and the Determination of such Question shall be ascertained in the Manner by the said first-recited Act prescribed. III. Provided always, and be it enacted, That the Resolution to adopt the Powers and Provisions of the said first-recited Act in whole or in part shall in all Cases be effectual if it shall be carried by a Majority of Two Thirds of the Number of Persons qualified and voting. IV. And be it enacted, That in any Case where the Powers and Provisions of the said first-recited Act shall be in whole or in part adopted in any Roya! Burgh, Burgh of Regality, or Burgh of Barony having Magistrates and Council, and in any Case where the Majority of Electors aforesaid in any Burgh or Town having a Right by the said second-recited Act to elect Magistrates and Councils shall as aforesaid vote for the Adoption of and shall adopt the Provisions of the first-recited Act in whole or in part, all the Powers and Provisions so adopted shall, instead of being put in execution by Commissioners elected as by the said first-recited Act is prescribed, be put in execution by the Magistrates and Councils of such Burghs and Towns respectively; and all the Powers and Duties by the said Act conferred upon the Commissioners thereby authorized to be elected shall be enjoyed and exercised by the Magistrates and Councils of such Burghs and Towns respectively as the same could have been enjoyed and exercised by the said Commissioners; and the said first-recited Act shall, as far as the same is applicable, be applied to and construed with this Act, and be available to the Magistrates and Councils of such Burghs and and Towns, in all respects as if the said Act had been herein re-enacted. Act where Council. V. And be it enacted, That it shall be in the Option of any Powers of Burgh which has already adopted in whole or in part the Pro- General Police visions of the said first-recited Act either to continue the Exe- adopted may be cution of the Powers and Provisions of the said Act as far as vested in Magis. adopted in the Commissioners elected and to be elected under trates and the Provisions thereof, or at a Meeting of the Electors of such Burgh, to be called in the Manner by this Act directed, and proceeded in in the Manner prescribed by the said first-recited Act, to consider and determine whether the Execution of such Powers and Provisions should not be vested in the Magistrates and Councils of such Burgh; and in the event of their determining that such Powers and Provisions shall be so vested, then and in such Case the Powers and Provisions of the said firstrecited Act theretofore vested in such Commissioners shall, after the Expiration of Two Months from the Date of such Determination, cease and be at an end, and thereafter all such Powers and Provisions, and also all the Property and Effects vested in such Commissioners as such Commissioners, shall vest in and belong to such Magistrates and Council in the Manner and to the Effect herein-before provided in respect of future Adoptions of the said first-recited Act. VI. And be it enacted, That as regards Burghs of Barony and Burghs of Regality not incorporated, and not having Magistrates and Councils, which may resolve to adopt the Powers and Provisions of the said first-recited Act in whole or in part, the Procedure thereto shall remain and be as well in regard to the Meetings to be held for that Purpose as the Execution of the Powers and Provisions of the said first-recited Act by Commissioners in all respects as by the said first-recited Act is authorized and prescribed. Procedure in Burghs not having Magistrates and Councils. in certain poses. VII. And be it enacted, That it shall be lawful for the Assessments Magistrates and Councils of the Burghs and Towns respectively may be levied to which Magistrates and Councils are provided by the said Burghs and second-recited Act in which there are no Means or no adequate Towns for MuMeans of defraying the necessary Expences of their Municipal nicipal PurEstablishments, and other Expences attending the Administration of the Affairs of such Burghs and Towns respectively, to assess all Tenants, Occupiers, and Possessors of Premises within such Burghs and Towns respectively valued at Two Pounds or upwards of yearly Rent in the Sums necessary for defraying the Expences of such Municipal Establishments and Administration aforesaid, but in no Case to an Amount exceeding Threepence in the Pound of the yearly Rent of such Premises; and such Assessment shall be levied and recovered by the Magistrates and Councils of such Burghs and Towns respectively in such and the like Manner, from the same Descriptions of Persons and Property, and under the like Provisions and Exceptions, as the Assessments leviable under the said first-recited Act for Police and other Purposes by the Commissioners therein directed to be chosen are authorized to be levied and recovered. General Police this Act. VIII. And be it enacted, That the said first-recited Act shall, Act applied to in so far as the same or any Part thereof is inconsistent with the Provisions of this Act, but no farther, be repealed, and the said Act shall, to the Extent necessary for carrying the Provisions of this Act into effect, be applied to and construed with this Act, and, except in so far as the same is hereby altered, shall remain in full Force and Effect Act may be amended, &c. 5 & 6 Vict. c.123. Recited Act continued until 31st July 1848, and to the End of then next Session. Act may be amended, &c. 3&4 W.4. c. 16. IX. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. CAP. XL. An Act to continue until the Thirty-first Day of July One thousand eight hundred and forty-eight, and to the End of the then next Session of Parliament, an Act of the Fifth and Sixth Years of Her present Majesty, for amending the Law relative to private Lunatic Asylums in Ireland. [21st June 1847.] WHEREAS an Act was passed in the Session of Parliament holden in the Fifth and Sixth Years of the Reign of Her present Majesty, intituled An Act for amending until the First Day of August One thousand eight hundred and forty-five, and until the End of the then next Session of Parliament, the Law relating to private Lunatic Asylums in Ireland: And whereas by an Act of the last Session of Parliament the said first-recited Act was continued until the Thirty-first Day of July in the Year One thousand eight hundred and fortyseven, or, if Parliament be then sitting, until the End of the then Session of Parliament: And whereas it is expedient to continue the same for a limited Period:' 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, That the said first-recited Act shall be and continue in full Force and Effect until the Thirty-first Day of July in the Year One thousand eight hundred and fortyeight, and thenceforth until the End of the then next Session of Parliament. II. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. CAP. XLI. An Act to continue until the Thirty-first Day of July |