Extent of existing Enactments under this Act.

Militia of Lon

don and Edin

Militia Officers Qualifications.

any such Qualification, be appointed a Lieutenant Colonel or Colonel of the Militia; and any Person who shall have been qualified to receive and shall have received a Commission of Major or Lieutenant Colonel in the Militia shall be qualified to receive and hold a Commission of higher Rank in the Militia.

IV. The Enactments concerning the Delivery of Descriptions of Property Qualifications, and other Provisions and Penalties having reference to the Qualifications now required by Law, shall be applicable with reference to the Qualifications required by this Act.

V. Such of the Provisions of this Act as regulate the Amount and Nature of the Property Qualifications of Officers of the Militia burgh excepted. shall not extend to the Militia of the City of London or the Militia of the City of Edinburgh and its Liberties.

Extent of the
Act.

Convention
between Her
Majesty and

the King of the
French, dated
2d August
1839.

6 & 7 Vict. c. 79.

VI. Except as herein-before excepted, the Provisions of this Act shall extend and apply to the Militia raised in the several Parts of the United Kingdom, and to the Corps of Miners of Cornwall and Devon.

CA P. CI.

An Act for the more effectual Execution of the Conven-
tion between Her Majesty and the French Government
concerning the Fisheries in the Seas between the British
Islands and France.
[14th August 1855.]
WHEREAS a Convention was concluded between Her
Majesty and the King of the French on the Second Day
of August One thousand eight hundred and thirty-nine, defining
the Limits of the Oyster Fishery between the Island of Jersey
' and the neighbouring Coast of France, and also defining the
Limits of the exclusive Rights of Fishery on all other Parts of
the Coasts of the British Islands and France: And whereas,
pursuant to the said Convention, certain Articles, being Regula-
tions for the Guidance of the Fishermen of the Two Countries
in the Seas lying between the Coasts of the United Kingdom
and those of France, were agreed upon by Commissioners
' authorized in that Behalf, and were approved and confirmed on
'the Part of Her Majesty and of the French Government: And
whereas by the said Articles it was provided that Oyster-fishing
'should open on the First of September and should close on the
Thirtieth of April, and that from the First of May to the Thirty-
'first of August no Boat should have on board any Dredge or
' other Implement whatsoever for catching Oysters: And whereas
an Act was passed in the Session holden in the Sixth and Seventh
Years of Her Majesty (Chapter Seventy-nine), to carry into
' effect the said Convention, and it was thereby enacted that the
'said Articles (which were set forth in the Schedule to the same
Act) should be binding upon all Persons, and should have the
Force of Law: And whereas it is expedient that more effectual
Provision should be made for enforcing the Regulations esta-
blished pursuant to the said Convention as aforesaid:' Be it
enacted by the Queen's most Excellent Majesty, by and with

the

Fisheries (British Islands and France).

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:

I. It shall be lawful for any Officer or Petty Officer belonging Oysters and to Her Majesty's Navy or Revenue Service, or such Officers and Dredges found Men of the Coast-guard Stations as may be thereunto authorized on board Fishing Vessels by the Commissioners of Her Majesty's Customs, or such Persons from 1st May as may be appointed, under the Provisions of the said Act, by the to 31st August Lords of the Committee of Her Majesty's Privy Council appointed may be seized. for Trade and Foreign Plantations, when they go on board any British Vessel employed in fishing, to examine whether the Regu lations of the said Act have been complied with, to seize, and throw overboard or destroy any Oysters found on board such Vessel, at any Time from the First Day of May to the Thirty-first Day of August in any Year, as well as to seize and dispose of in manner provided by the "Customs Consolidation Act, 1853," all Dredges and other Implements for catching Oysters found on board such Vessel; and it shall also be lawful for such Officers, Petty Officers, and Men, and such Persons as aforesaid respectively, to seize and dispose of in like Manner all Dredges and other Implements for catching Oysters found sunk in or floating upon the Seas at any such Time as aforesaid.

II. No Oysters taken in the Seas between the United Kingdom and France shall be imported into or landed in any Part of the United Kingdom at any Time between the First Day of May and the Thirty-first Day of August in any Year, and any Oysters imported in or landed between such Days from any Vessel employed in Fishing in the said Seas shall be deemed to be Oysters taken and imported contrary to the Provisions of the said Articles and of this Act, unless the contrary be proved; and it shall be lawful for any Officer of the Customs, or any Person who may be appointed under the Provisions of the said Act by the Lords of the said Committee of Council, to seize and destroy, or otherwise dispose of, as the said Commissioners of the Customs or the said Lords of the said Committee may direct, any Oysters imported into or landed in any Part of the United Kingdom contrary to the Provisions of this Act.

III. The Master or Person in charge of any British Vessel on board which any such Oysters or any such Dredge or other Implement for catching Oysters are found, at any such Time as aforesaid, or in or from which any such Oysters are landed at any such Time as aforesaid, contrary to the Provisions of this Act, shall be deemed guilty of an Offence against the said Articles, and shall on Conviction be liable to a Penalty of not less than Eight Shillings or more than Three Pounds, or to be imprisoned, with or without Hard Labour, for any Time not less than Two Days and not longer than Ten Days, and if convicted more than once then upon any Second or subsequent Conviction to a Penalty of not more than Six Pounds, or to be imprisoned, with or without Hard Labour, for any Time not longer than Twenty Days.

IV. It shall be lawful for any British Consul exercising his Functions in any Port or Place in France where any Person, being a Subject of Her Majesty, is brought under the Provisions of the

Oysters landed between 1st May and 31st August may be seized.

Penalties on Persons in charge of Brioffending.

tish Vessels for

British Consuls may take Depositions on

Oath concern

ing Offences against the Fishery Regulations.

Depositions admissible in Evidence.

Penalties and

Proceeds of
Sales, &c. to
be paid into
Exchequer.

As to Term

"British Consul."

Recited Act and this Act

to be read together.

c. 38.

Fisheries (British Islands and France).

said Articles charged with any Offence against the said Articles,
or against any Rule or Byelaw made under the said Act, to take
any
Statement on Oath (which Oath such Consul is hereby autho-
rized to administer) of any Person who may be produced before
the Consul for that Purpose, concerning the Facts or Circum-
stances of the Case, and to put the same into Writing; and every
such Statement as aforesaid shall be taken and put into Writing
in the Presence of the Person charged, and shall be read over to
him, and, where not made in English, shall be interpreted to him;
and the Person charged (by himself or by any legal Adviser acting
on his Behalf) shall be entitled to put such Questions as he may
think fit to the Witness making the Statement, and shall be told
that he is so entitled by the Consul; and such Questions, with the
Answers thereto, shall be put into Writing, and such Answers
shall be read, and where necessary interpreted, to the Person
charged as aforesaid; and all such Depositions shall be read over
to and signed respectively by the Witnesses who shall have been
so examined, and shall be signed also by the Consul, who shall
certify that the same were taken on Oath in the Presence of and
read over to the Person charged, and, where not taken in English,
interpreted to him.

V. Every such Deposition shall be admissible in Evidence in any Proceeding against the Person charged as aforesaid with any Offence against the said Articles, or against any Rule or Byelaw made in pursuance of the said Act, unless it be shown that the Witness making such Deposition is within the United Kingdom; and it shall not be necessary in any Case to prove the Signature or official Character of the Consul appearing to have signed any such Deposition, or the Signature of the Witnesses signing the same; and in any such Proceeding such Certificate as aforesaid shall, unless the contrary be proved, be sufficient Evidence of the Matters thereby certified.

VI. All Penalties, Fines, and Forfeitures, and the Proceeds of any Sale of Dredges or other Implements under this Act, or under the said Act of the Sixth and Seventh Years of Her Majesty, shall be paid into the Receipt of Her Majesty's Exchequer, in such Manner as the Commissioners of Her Majesty's Treasury may direct, and shall be carried to and form Part of the Consolidated Fund of the United Kingdom.

VII. The Term "British Consul" in this Act shall include any Consul General, Consul, Vice Consul, or other Consular Agent. VIII. The said Act of the Sixth and Seventh of Her Majesty and this Act shall be read and construed together as One Act.

CA P. CII.

An Act to confirm certain Provisional Orders made under
an Act of the Fifteenth Year of Her present Majesty,
to facilitate Arrangements for the Relief of Turnpike
Trusts.
[14th August 1855.]

14 & 15 Vict. WHEREAS, in pursuance of the Act of the Fifteenth Year of Her Majesty, "to facilitate Arrangements for the Relief "of Turnpike Trusts, and to make certain Provisions respecting

"Exemptions

6.66

6

6

Turnpike Trusts Arrangements.

Exemptions from Tolls," certain Provisional Orders have been made by the Right Honourable Viscount Palmerston, then One of 'Her Majesty's Principal Secretaries of State, and by the Right Honourable Sir George Grey, now One of such Secretaries, for reducing the Rate of Interest, and for extinguishing in certain Cases the Arrears of Interest on the Mortgage Debts charged or secured on the Tolls or Revenues of certain Turnpike Roads, and such Orders have been published in the London Gazette, and in Newspapers circulating in the Neighbourhood of such Roads, and the Dates of such Provisional Orders, and the Acts under which the Tolls or Revenues on which such Debts are 'charged or secured are levied or raised, together with the Amount 'to which the Rate of Interest on such Debts is to be reduced, and the Day up to which the Interest and Arrears of Interest on such Debts are to be extinguished by such Orders, are mentioned in the Schedule to this Act: And whereas it is expedient that the said Provisional Orders should be confirmed and made 'absolute' 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:

6

6

I. That the said Provisional Orders are hereby confirmed and Provisional made absolute, and shall be as binding and of the like Force and Orders conEffect as if the Provisions thereof had been expressly enacted by firmed. Parliament.