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Ordnance Board.

III. All Contracts, Covenants, and Agreements heretofore made Contracts, &c. or entered into by any Person or Persons whomsoever with the made by the said Principal Officers of the Ordnance, or any Person or Persons Principal Offion their Behalf, as to or concerning any Lands, Hereditaments, the Public SerEstates, and Property vested in or agreed to be purchased by the vice to be ensaid Principal Officers, or in anywise relating to the Public Ser- forced by such vice, shall be deemed and taken to have been made or entered Secretary of into with such Principal Secretary of State as last aforesaid, and

State. shall be executed and enforced by him in like Manner as if he had originally been Party thereto instead of the said Principal Officers of the Ordnance ; and all Proceedings whatsoever which have been or might or may have been commenced, taken, or done in the Names of the said Principal Officers, on behalf of Her Majesty, shall and may hereafter be commenced, continued, taken, and done in the Name of such Principal Secretary of State as aforesaid, in like Manner (in the Case of Proceedings already commenced, taken, or done,) as if he had originally been Party thereto, instead of the said Principal Officers of the Ordnance.

IV. All Powers by the Tenth and Eighteenth Sections of the Powers given said first-mentioned Act given to Bodies Politic or Corporate, by 10th and Feoffees or Trustees for charitable or other public Purposes, of 5 & 6 Vict. Tenants for Life and Tenants in Tail, Ilusbands, Guardians,

c. 94. to Bodies Trustees, Committees, Curators, and Attornies, respectively therein Corporate, &c. mentioned, to contract and agree for the absolute Sale or Exchange to sell, to be of any Messuages, Buildings, Castles, Forts, Lines, or other Forti- exercised by fications, Manors, Lands, Tenements, or Hereditaments, and for such Secretary

of State. the Sale of any Reversion, and the Grant of any Lcase, and to convey, surrender, demise, or grant the same accordingly, shall continue in full Force, and hereafter may or shall be exercised or exerciseable, and be acted under or take effect, in favour or at the Instance of the last-mentioned Principal Secretary of State for the Time being, on behalf of Her said Majesty, and for the Public Service, in the same Manner and as effectually as the said Powers are in and by such recited Acts given or created or made exerciseable in favour or at the Instance of the said Principal Officers for the Time being on behalf of Her said Majesty, or for the Public Service, and all Enactments, Directions, and Provisions in the said recited Acts contained shall continue in full Force, and may or shall at all Times hereafter be by the last-mentioned Principal Secretary of State for the Time being acted on and take effect, and shall enure or take effect in favour of, and may be enforced by, such last-mentioned Principal Secretary and his Successors, on behalf of Her Majesty, and for the Public Service.

V. In every Contract, Conveyance, Surrender, Lease, or other Such Secretary Assurance of any Lands, Hereditaments, Estates, or Property, with, of State to be unto, or by the last-mentioned Principal Secretary of State for the described in Time being, and in every other Deeil or Instrument relating to any &c. as “ Her Lands, Hereditaments, Estates, or Property, or in anywise to the Majesty's PrinPublic Service, to which the last-mentioned Principal Secretary cipal Secretary of State for the Time being shall be or shall be intended to be a

of State for the

War DepartParty, it shall be sufficient to call or describe him by the Style or

ment." Title of “Her Majesty's Principal Secretary of State for the War

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Depart

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Department," without naming him; and every such Contract, Con-
veyance, Surrender, Lease, Assurance, Deed, or Instrument may
be executed by such last-mentioned Principal Secretary of State,
or by any other of Her Majesty's Principal Secretaries of Staté
for the Time being, by signing his Name thereto, and if the Instru-
ment so executed be in the Form of a Deed by setting or affixing
a Seal thereto and delivering the same as his Deed; and whenever
any Contract, Conveyance, Surrender, Lease, Assurance, Deed, or
Instrument shall be executed by any other Principal Secretary of
State than the Principal Secretary of State for the War Depart-
ment the Principal Secretary of State so executing the same shall
for that Time and on that Occasion, and for the Purposes thereof,
be deemed to be the Principal Secretary of State for the War
Department.

CA P. CXVIII.
An Act to repeal the Act of the Seventeenth and Eighteenth

Years of the Reign of Her present Majesty for further
regulating the Sale of Beer and other Liquors on the ·
Lord's Day, and to substitute other Provisions in lieu
thereof.

[14th August 1855.] (HEREAS the Act now in force for further regulating the

Sale of fermented and distilled Liquors on the Lord's Day • has been found to be attended with Inconvenience to the · Public: 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 : 17 & 18 Vict. I. That the Act of Parliament passed in the Seventeenth and c. 79. repealed. Eighteenth Years of the Reign of Her present Majesty, intituled

An Act for further regulating the Sale of Beer and other Liquors

on the Lord's Day, be and the same is hereby repealed. Licensed Vic- II. It shall not be lawful for any Licensed Victualler, or Person tuallers prohi- licensed to sell Beer by Retail, to be drunk on the Premises, or bited from

not to be drunk on the Premises, or any Person licensed or authoopening Houses rized to sell any fermented or distilled Liquors, or any Person Beer, &c. who by reason of the Freedom of the Mystery or Craft of Vintners during certain of the City of London, or of any Right or Privilege, shall claim to Hours of Sun. be entitled to sell Wine by Retail, to be drunk or consumed on the day, &c. Premises, in any Part of England or Wales, to open or keep open

his House for the Sale of or to sell Beer, Wine, Spirits, or any other fermented or distilled Liquor between the Hours of Three and Five o'Clock in the Afternoon, nor after Eleven o'Clock in the Afternoon on Sunday, or on Christmas Day, or Good Friday, or any Day appointed for a Public Fast or Thanksgiving, or before Four o'Clock in the Morning of the Day following such Sunday, Christmas Day, Good Friday, or such Days of Public Fast or

Thanksgiving, except to a Traveller or to a Lodger therein. Houses of pub- III. No Person shall open any House or Place of public Resort lic Resort pro- for the Sale of fermented or distilled Liquors, or sell therein such hibited being Liquors, in any Part of England or Wales, between Three and opened for Sale

Five

for Sale of

Sale of Beer, &c.

Passengers Act Amendment. Five o'Clock in the Afternoon or after Eleven o'clock in the of Liquors durAfternoon on Sunday, or on Christmas Day or Good Friday, or ing certain any Day appointed for a Public Fast or Thanksgiving, or before Hours on SunFour o'Clock in the Morning

of the Day following such Sundays, days, &c. Christmas Day, Good Friday, or such other Days appointed as aforesaid, except to Travellers.

IV. It shall be lawful for any Constable at any Time to enter Power to Con. into any House or Place of public Resort in England or Wales for stables to enter the Sale of Beer, Wine, Spirits, or other fermented or distilled Houses. Liquor or Liquors; and every person who shall refuse to admit or shall not admit such Constable into such House or Place shall be deemed guilty of an Offence against this Act.

V. Every Person who shall offend against this Act shall be Penalty for Ofliable, upon a summary Conviction for the same before any Justice fences against of the Peace for the County, Riding, Division, Liberty, City, this Act. Borough, or Place where the Offence shall be committed, to a Penalty not exceeding Five Pounds for every such Offence, and every separate Sale shall be deemed a separate Offence.

CA P. CXIX. An Act to amend the Law relating to the Carriage of Passengers by Sea.

[14th August 1855.] : WHEREAS it is expedient to amend “The Passengers Act, 15 &.16 Vict.

1852 :""' Be it therefore enacted by the Queen's most Ex- c. 44. cellent 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:

Prefatory I. On the First Day of October next, when this Act shall com

Clauses. mence and come into force, “ The Passengers Act, 1852,” shall be Commencerepealed ; except so far as the said Act repeals any former Act or ment of this Enactment; and except as to existing Passage Brokers Licences, Act, and Repeal which shall continue in force as mentioned in Section Sixty-eight of former Act, of this Act, and except as to any Ship which shall have cleared

15 & 16 Vict.

C. 44., except out from any Colonial Port under the said Act, and before this

as to existing Act shall have come into operation in such Colony; and except so Liabilities, far as may be necessary for supporting or continuing any Proceed- s. 68. of this ing heretofore taken or hereafter to be taken upon any

Bond given

Act, and under the said Act, or upon any other Civil Process ; and except Order in Coun

except as to an as to the Recovery and Application of any Penalty for any Offence cil dated 16th committed against the said Act before the Commencement of this Oct. 1852. Act; and except also as to an Order in Council made by Her Majesty, with the Advice of Her Privy Council, on the Sixteenth Day of October One thousand eight hundred and fifty-two, in pursuance of the Powers given by the Fifty-fifth Section of the said Act, which said Order in Council shall remain in force until altered or revoked by any Order in Council to be made under the Provisions of this Act.

II. In citing this Act in other Acts of Parliament, or in any Short Title of Instrument, Document, or Proceeding, it shall be sufficient to use Act; and in the Expression “ The Passengers Act, 1855;" and in any Process

legal Proceed

ings Sections for enforcing the Remedies or Penalties given or imposed by this

may be referred LI 4

Act, to by Number.

Passengers Act Amendment.

Prefatory

Act, it shall be sufficient, without specifying more particularly the Clauses. Cause of Complaint or Offence, to refer by Number, according to

the Copies of the Act printed by the Queeri's Printer, to the Sec

tion or Sections under which the Proceeding is taken. Definition of III. For the Purposes of this Act, the following Words and Terms used in Expressions, whenever they occur, shall respectively have the this Act.

following Significations, if not inconsistent with the Context or
Subject Matter ; (that is to say,) Words of one Number or Gender
shall impo't both Numbers and all Genders respectively; the
Expression “Her Majesty” shall include Her Heirs and Suc-
cessors; the Expression “ Consular Officer” shall signify and
include Her Majesty's Consul General, Consul, and Vice Consul ;
the Expression “United Kingdom” shall signify Great Britain
and Ireland, and the Islands of Guernsey, Jersey, Alderney, Sark,
Scilly, and Nan; the Expression “ North America" shall signify
and include the Bermudas, and all Ports and Places on the Eastern
Coast of the Continent of North America, or in the Islands
adjacent or near thereto, or in the Gulf of Mexico North of the
Tropic of Cancer; the Expression “ West Indies” shall signify the
West India Islands, the Bahamas, British Guiana, and Hon.
duras; the Expression “Governor” shall signify the Person who
for the Time being shall be lawfully administering the Govern-
ment of any British Colony in which he may be acting; the
Expression “ Statute Adult” shall signify any Person of the Age
of Twelve Years or upwards, or 'Two Persons between the Ages
of One and Twelve Years ; the Expression “Passage” shall
include all Passages except Cabin Passages; the Expression “Pas-
sengers” shall include all Passengers except Cabin Passengers,
and except Labourers under Indenture to the Hudson's Bay Com-
pany, and their Families, conveyed in Ships the Property of or
chartered by the said Company, and no Persons shall be deemed
Cabin Passengers unless the Space allotted to their exclusive Use
shall be in the Proportion of at least Thirty-six clear Superficial
Feet to each Statute Adult, nor unless they shall be messed
throughout the Voyage at the same Table with the Master or
First Officer of the Ship, nor unless the Fare contracted to be paid
by them respectively shall be in the Proportion of at least Thirty
Shillings for every Week of the Length of the Voyage as com-
puted under the Provisions of this Act for Sailing Vessels pro-
ceeding from the United Kingdom to any Place South of the
Equator, and of Twenty Shillings for such Vessels proceeding to
any Place North of the Equator, nor unless they shall have been
furnished with a duly signed Contract Ticket according to the
Form in Schedule (K.) of this Act; the Expression “ Upper Pas-
senger Deck” shall signify and include the Deck immediately
beneath the Upper Deck, or the Poop or Round House and Deck
House when the Number of Passengers and Cabin Passengers
carried in such Poop, Round House, or Deck House shall exceed
One Third of the total Number of Passengers which such Ship
can lawfully carry on the Deck next below ; the Expression
“Lower Passenger Deck," the Deck next beneath the Upper Pas-
senger Deck, not being an Orlop Deck; the Expression Ship'

shall

Passengers Act Amendment. shall signify any Description of Sea-going Vessel, whether British Prefatory or Foreign; the Expression “Passenger Ship" shall signify every Clauses. Description of such Ship carrying upon any Voyage to which the Provisions of this Act shall extend more than Thirty Passengers, or a greater Number of Passengers than in the Proportion of One Statute Adult to every Fifty Tons of the registered Tonnage of such Ship if propelled by Sails, or of One Statute Adult to every Twenty-five Tons if propelled by Steam ; the Expression “ Master” shall signify the Person who shall be borne on the Ship's Articles as Master, or who, other than a Pilot, shall for the Time being be in charge or command of any such Ship or “Passenger Ship;" and the Expression “ Emigrant Runner” shall signify every Person other than a licensed Passage Broker or his bona fide salaried Clerk, who within any Port or Place of Shipping, or within Five Miles of the outer Boundaries thereof, for Ilire or Reward, or the Expectation thereof, shall directly or indirectly conduct, solicit, influence, or recommend any intending Emigrant to or on behalf of any Passage Broker, Owner, Charterer, or Master of a Ship, Lodging House or Tavern or Shop Keeper, Money Changer or other Dealer or Chapman, for any Purpose connected with the Preparations or Arrangements for a Passage, or shall give or pretend to give to such intending Emigrant any Information or Assistance in any way relating to Emigration.

IV. This Act shall extend to every “ Passenger Ship” pro- To what Vessels ceeding on any Voyage from the United Kingdom to any Place and Voyages out of Europe, and not being within the Mediterranean Sea, and this Act ex

tends. on every Colonial Voyage as herein-after described, and, in the Particulars mentioned or referred to in Sections One hundred, One hundred and one, and One hundred and two, to every Ship bringing Passengers into the United Kingdom from any Place out of Europe and not being within the Mediterranean Sea; but shall not extend to any of Her Majesty's Ships of War, nor to any Ships in the Service of the Commissioners for executing the Office of Lord High Admiral of the United Kingdom, nor to any Ship of War or Transport in the Service of the East India Company, nor to any Steam Vessel regularly employed in the Conveyance of the Public Mails under an existing Contract with the Government of the State or Colony to which such Steam Vessel may belong, provided the Master thereof shall, on Demand, produce to the Emigration Officer at the Port of Clearance or Port of Departure a Certificate of Exemption, in the Form given in Schedule (A.) hereto annexed, under the Hand of the Postmaster General of the United Kingdom, or of some Person deputed by him for the Purpose, or in the Case of a Colony, under the Hand of the Governor thereof, or in the Case of a Foreign State, under the Hand of the Postmaster General or other competent Government Officer whose Signature shall be authenticated by the Signature of a British Consular Officer in such Foreign State.

V. Such Certificate of Exemption shall be issuable at the Dis- Penalty on cretion of the Officer authorized to grant the same as herein-before fraudulently. mentioned, and shall remain in force for the Period specified using Certifitherein, unless sooner revoked, or unless the Vessel for which it fraudulent Cer

shall tificates.

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