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Aug. 28, 1880.

PUBLIC GENERAL STATUTES, 1880.

43 & 44 VICTORIÆ.

[THE IMPORTANT STATUTES ONLY ARE SET OUT AT LENGTH.]

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CAP. VI. An Act for amending the law relating to the grant by Justices of Certificates for Beer Dealers Retail Licences. [19th March 1880. Whereas by the enactments described in the schedule to this Act provision is now made for the holder of a strong beer dealer's wholesale excise licence obtaining on a certificate granted by justices, an additional licence for sale of beer by retail for consumption off the premises, and it is expedient that justices should be at liberty to exercise their discretion respecting the grant of such certificates, as they are in respect of their certificates for licences for sale of beer to be consumed on the premises, and that such certificates should be granted at the general annual licensing meeting of justices and not at any other time:

Be it enacted, &c. :

1. Justices to have discretion as to licences for consumption of beer off premises-32 & 33 Vict. c. 27.] Section eight of the Wine and Beerhouse Act, 1869, is hereby repealed as far as the qualification therein contained relates to grants of certificates for such additional licences as aforesaid; and the licensing justices shall be at liberty either to refuse such certificates as aforesaid on any grounds appearing to them in the exercise of their discretion sufficient, or to grant the same to such persons as they, in the execution of their statutory powers, and in the exercise of their discretion, deem fit and proper.

2. Licences at annual licensing meetings only-37 & 38 Vict. c. 49.] Section thirty-one of the Licensing Act, 1874, licensing meeting held in any licensing district next after the is hereby repealed, as from and after the general annual passing of this Act; and thenceforth certificates for such additional licences as aforesaid shall be granted at general annual licensing meetings, and not at any other time.

3. Short title; extent; construction-35 & 36 Vict. c.

94.] This Act may be cited as the Beer Dealers Retail Licences Act, 1880, and shall not extend to Scotland or Ireland, and words therein have the same meaning as in the Licensing Act, 1872.

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An Act to explain and amend the twenty-second section of the Artizans and Labourers Dwellings Act, 1868, Amendment Act, 1879. [19th March 1880.

42 & 43 Vict. c. 64.] Whereas an Act entitled the Artizans and Labourers Dwellings Act, 1868, Amendment Act, 1879, was passed in the last session of Parliament:

And whereas in the twenty-second section of the said Act the words "in the form set forth in the Third Schedule hereto" were inserted by mistake:

Amendment of s. 22 of recited Act.] Be it therefore declared and enacted, &c., that the said section shall be construed and read as if the said words had not been inserted therein.

CAP. IX.

An Act to provide during twelve months for the Discipline and Regulation of the Army. [19th March 1880. Whereas the raising or keeping a standing army within the United Kingdom of Great Britain and Ireland in time of peace, unless it be with the consent of Parliament, is against law:

And whereas it is adjudged necessary by Her Majesty, and this present Parliament, that a body of forces should be continued for the safety of the United Kingdom, and the defence of the possessions of Her Majesty's Crown, and that the whole number of such forces should consist of one hundred and thirty-one thousand eight hundred and fi ty-nine men, including those to be employed at the depôts in the United Kingdom of Great Britain and Ireland for the training of recruits for service at home and abroad, but exclusive of the

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And whereas the said Marine forces may frequently be quartered or be on shore, or sent to do duty or be on board transport ships or merchant ships or vessels, or ships or vessels of Her Majesty, or other ships or vessels, or they may be under other circumstances in which they will not be subject to the laws relating to the government of Her Majesty's forces by sea:

And whereas no man can be forejudged of life or limb, or subjected in time of peace to any kind of punishment within this realm by martial law, or in any other manner than by the judgment of his peers, and according to the known and established laws of this realm; yet nevertheless it being requisite, for the retaining all the beforementioned forces, and other persons subject to military law, in their duty, that an exact discipline be observed, and that persons belonging to the said forces who mutiny or stir up sedition, or desert Her Majesty's service, or are guilty of crimes and offences to the prejudice of good order and military discipline, be brought to a more exemplary and speedy punishment than the usual forms of the law will allow :

42 & 43 Vict. c. 33.] And whereas the Army Discipline and Regulation Act, 1879, will expire

(a.) In the United Kingdom, the Channel Islands, and the Isle of Man on the thirtieth day of April one thousand eight hundred and eighty; and

(b.) Elsewhere in Europe, inclusive of Malta, also in the West Indies and America, on the thirty-first day of July one thousand eight hundred and eighty; and (c.) Elsewhere, whether within or without Her Majesty's dominions, on the thirty-first day of December one thousand eight hundred and eighty :

Be it therefore enacted, &c. :

1. Short title.] This Act may be cited for all purposes as the Army Discipline and Regulation (Annual) Act, 1880. 2. Army Discipline and Regulation Act (42 & 43 Vict. c. 33) to be in force for specified times.] The Army Discipline and Regulation Act, 1879, shall be and remain in force until the dates hereinafter mentioned, and no longer, unless otherwise provided by Parliament; that is to say, (1.) Within the United Kingdom, the Channel Islands, and the Isle of Mau, from the thirtieth day of April one thousand eight hundred and eighty to the thirtieth day of April one thousand eight hundred and eightyone, both inclusive; and (2.) Elsewhere in Europe, inclusive of Malta, also in the West Indies and America, from the thirty-first day of July one thousand eight hundred and eighty to the thirty-first day of July one thonsand eight hundred and eighty-one, both inclusive; and

(3.) Elsewhere, whether within or without Her Majesty's dominions, from the thirty-first day of December one thousand eight hundred and eighty to the thirty-first day of December one thousand eight hundred and eighty-one, both inclusive.

The Army Discipline and Regulation Act, 1879, while in force shall apply to persons subject to military law, whether within or without Her Majesty's dominions.

A person subject to military law shall not be exempted from the provisions of the Army Discipline and Regulation Act, 1879, by reason only that the number of the forces for the time being in the service of Her Majesty, exclusive of the Marine forces, is either greater or less than the Lumber hereinbefore mentioned.

3. Prices in respect of billeting-42 & 43 Vict. c. 33.] There shall be paid to the keeper of a victualling-house for the accommodation provided by him in pursuance of the Army Discipline and Regulation Act, 1879, the prices specied in the Schedule hereto.

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An Act to enable the Secretary of State in Council of India to raise money in the United Kingdom for the purpose of paying off or redeeming Debentures of the East Indian Railway Company. [19th March 1880.

42 & 43 Vict. c. cevi.] Whereas by virtue of the East taking of the East Indian Railway Company, and all other Indian Railway Company Purchase Act, 1879, the underthe property of the said company, save and except as therein mentioned, have been transferred to and vested in the Secretary of State in Council of India, hereinafter called the Secretary of State, subject to such debts and liabilities as have been incurred by the said Company to the East India Company or to any person or persons with the sanction of the East India Company or of the Secretary of State, and to interest on such of the said debts as carry interest:

And whereas among such debts and liabilities are included the principal moneys and interest secured by the debentures mentioned in the schedule hereto :

And whereas the principal moneys secured by the said debentures, amounting in all to two million nine hundred and fifty thousand pounds, will become payable at the respective times specified in the said schedule:

And whereas it is expedient that provision should be made for paying off or redeeming the said debentures as and when the principal moneys secured thereby become payable:

Be it therefore enacted, &c. :

1. Power to Secretary of State to raise any sum not ezceeding £2,950,000.] It shall be lawful for the Secretary of State at any time or times to raise in the United Kingdom for the service of the Government of India such sum or sums of money, not exceeding in the whole two million nine hundred and fifty thousand pounds, as may be required for the purpose of paying off or redeeming the principal moneys, secured by the debentures specified in the schedule hereto, such sum or sums to be raised by the creation and issue of bonds, debentures, or capital stock bearing interest, others. or partly by one of such modes and partly by another or

2. As to issue of bonds.] All bonds issued under the authority of this Act may be issued under the hands of two members of the Council of India, and countersigned by the Secretary of State, or one of his under secretaries, or his assistant under secretary, and shall be for such respective amounts, payable after such notice, and at such rate or rates of interest, as the Secretary of State may

think fit.

3. As to issue of debentures.] All debentures issued under the authority of this Act may be issued under the hands of two members of the Council, and countersigned as aforesaid, for such respective amounts, and at such rate or rates of interest, as the Secretary of State may think fit, and shall be issued at or for such prices and on such terms as may be determined by the Secretary of State.

4. As to payment of principal and interest on debentures.] All debentures issued under the authority of this Act shall

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be paid off at par at a time or times to be mentioned in such debentures respectively; and the interest on all such debentures shall be paid half yearly on such days as shall be mentioned therein; and the principal moneys and interest secured by such debentures shall be payable either at the treasury of the Secretary of State in London or at the Bank of England.

5. Debentures and coupons for interest transferable by delivery.] All or any number of the debentures issued under the authority of this Act, and all right to and in respect of the principal and interest moneys secured thereby, shall be transferable by the delivery of such debentures; and the coupons for interest annexed to any debenture issue under the authority of this Act shall also pass by delivery.

6. Interest, &c., of capital stock.] Any capital stock created under the authority of this Act shall bear such a rate of interest as the Secretary of State may think fit; and such capital stock may be issued on such terms as may be determined by the Secretary of State; and any such capital stock may bear interest during such period, and be paid off at par at such time, as the Secretary of State may prescribe previously to the issue of such capital stock.

respect of any debenture or bond issued under the authority of this Act.

13. Saving borrowing powers of Secretary of State.] This Act shall not prejudice or affect any power of raising or borrowing money vested in the Secretary of State at the time of passing thereof.

14. Stock created under this Act to be deemed East India stock-22 & 23 Vict. c. 35, s. 32-26 & 27 Vict. c. 73.] Any capital stock created under this Act shall be deemed to be East India stock, within the Act of the twenty-second and twenty-third Victoria, chapter thirty-five, section thirty-two, unless and until Parliament shall otherwise provide; and any capital stock created under this Act shall be deemed to be and shall mean India stock within the Act of the twentysixth and twenty-seventh Victoria, chapter seventy-three, anything in the said last-mentioned Act to the contrary notwithstanding.

15. Sect. 3, &c., of 33 & 34 Vict. c. 93, extended to capital stock created under this Act.] The provisions contained in the third section of the Act of the thirty-third and thirty-fourth Victoria, chapter ninety-three, and all other enactments in the said Act relating to or affecting such provisions, shall be extended and be applicable to any capital stock created under this Act.

16. 34 & 35 Vict. c. 29, extended to all capital stock issued by the Secretary of State under the authority of Parlia

fourth and thirty-fifth Victoria, chapter twenty-nine, shall be extended and be applicable to all capital stock issued or to be issued by the Secretary of State under the authority of Parliament.

7. Transfer books of such capital stock to be kept.] In case of the creation and issue of any such capital stock there shall be kept, either at the office of the Secretary of State in London or at the Bank of England, books wherein entries shall be made of the said capital stock, and wherein all assignment.] The provisions contained in the Act of the thirtyments or transfers of the same, or any part thereof, shall be entered and registered, and shall be signed by the parties making such assignments or transfers, or, if such parties be absent, by his, her, or their attorney or attorneys thereunto lawfully authorized by writing under his, her, or their hands and seals, to be attested by two or more credible witnesses; and the person or persons to whom such transfer or transfers shall be made may respectively underwrite his, her, or their acceptance thereof; and no other mode of assigning or transferring the said capital stock or any part thereof or any interest therein, shall be good and available in law, and no stamp duties whatsoever shall be charged on the said transfers or any of them.

8. Amount to be charged on revenues of India.] The whole amount of the principal moneys to be charged on the revenues of India under this Act shall not exceed two millions nine hundred and fifty thousand pounds.

9. Power to raise money for payment of principal money.] Upon or for the repayment of any principal money secured under the authority of this Act, the Secretary of State may at any time borrow or raise, by all or any of the modes aforesaid, all or any part of the amount of principal money repaid or to be repaid, and so from time to time as all or any part of any principal money under this Act may require to be repaid, but the amount to be charged upon the revenues of India shall not in any case exceed the principal money required to be repaid.

10. Securities, &c., to be charged on revenues of India.] All bonds and debentures to be issued under this Act, and the principal moneys and interest thereby secured, and all capital stock to be issued under this Act, and the interests thereon, shall be charged on and payable out of the revenues of India, in like manner as other liabilities incurred on account of the Government of India.

11. Provisions as to composition for stamp duties on India bonds extended to bonds and debentures issued under this Act-5 & 6 Will. 4, c. 64, s. 4.] The provisions contained in section four of the Act of the session holden in the fifth

and sixth years of King William the Fourth, chapter sixty-four, with respect to the composition and agreement for the payment by the East India Company of an annual sum in lieu of stamp duties on their bonds, and the exemp. tion of their bonds from stamp duties, shall be applicable with respect to the bonds and debentures to be issued under the authority of this Act, as if such provisions were here repeated and re-enacted with reference thereto.

12. Forgery of debentures and bills to be punishable as forgery of East India bonds.] All provisions now in force in anywise relating to the offence of forging or altering or offering, uttering, disposing of, or putting off, knowing the same to be forged or altered, any East India bond, with intent to defraud, shall extend and be applicable to and in

17. Short title]. This Act may be cited as the East India Loan (East Indian Railway Debentures) Act, 1880.

SCHEDULE.

REDEEMABLE Debentures oF EAST INDIAN RAILWAY
COMPANY.

Principal Moneys
secured.

When payable.

Rate of Interest per
Annum.

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An Act to abolish the Landlord's Right of Hypothec for
Rent in Scotland.
[4th March 1880.

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:

1. Landlord's hypothec to cease after 11th of November, 1881.] From and after the eleventh day of November, one thousand eight hundred and eighty-one, hereinafter called the commencement of this Act, the landlord's right of hypothec for the rent of land, including the rent of any buildings thereon, exceeding two acres in extent, let for agriculture or pasture, shall cease and determine: Provided that nothing herein contained shall apply to any claim for rent due, or which may hereafter become due, under any lease, writing, or bargain current at the date of the commencement of this Act.

2. Landlord's remedies when rent is due and unpaid.] From and after the commencement of this Act the landlord of any land exceeding two acres in extent, and let for agricul ture or pasture, shall, subject to the provisions of the pre

ceding section of this Act, have the same rights and remedies against his tenant when six months' rent is due and unpaid as is now provided by the law of Scotland when twelve months' rent is due and unpaid, and shall also have the same rights and remedies against his tenant when twelve months' rent is due and unpaid as is now provided by the law of Scotland when two years' rent is due and unpaid, but subject always to the following provision; (that is to say,) It shall not be lawful for the sheriff or aberiff-substitute to entertain any action for caution and removing, or for irritancy and removing, unless such action has been preceded by fourteen days' written notice by registered post-office letter or otherwise to the tenant that such action is intended, nor in an action for caution and removing to decern the tenant to find caution for more than the arrears of rent and one year's rent further.

Provided also, that in the event of the removal or ejection of a tenant from such land in any year under the provisions of the Act of Sederunt anent Removings of the fourteenth day of December one thousand seven hundred and fifty-six, and of this Act, on account of being in arrear of rent for six months or twelve months, as the case may be, the following farther provisions shall have effect:

(1.) A tenant so removed or ejected shall not thereby forfeit the rights of an outgoing tenant to which he would have been entitled if his lease had naturally expired at the date of removing or ejection, or at the last preceding term of Whitsunday or Martinmas in the event of the removing or ejection taking place between these terms:

(2.) When the removing or ejection takes place between the before-mentioned terms, the tenant shall be entitled to payment of or credit for the expenditure made by such tenant since the last preceding term on the labour, seed, and manure applied to any crop, other than an away. going crop, falling within the immediately preceding provision:

(3.) Where a tenant is removed or is ejected between the before-mentioned terms, he shall not, except as hereinafter provided, be liable to pay for the occupation of such land after the immediately preceding term of Whitsunday or Martinmas more than a proportion of the rent effeiring to the period between such term and the date of removing or ejection: Provided always, unless otherwise expressly stipulated, that where any away-going crop to which a tenant is entitled is immature at the date of such removing or ejection, neither the tenant nor any one deriving right through him shall be entitled to carry away such crop at maturity until payment shall have been made to the landlord of the proportion of rent effeiring to the land under such crop for the period between the date of removing or ejection and the next term of Martinmas, the rent of such land being estimated according to the average rent of the whole land, from which the tenant has been so removed or ejected.

3. Provisions of s. 2 not to apply in addition to hypothec.] The provisions of the second section of this Act shall not apply in any case in which the landlord's right of hypothec has not ceased and determined.

4. Short title.] This Act may be cited as the Hypothec Abolition (Scotland) Act, 1880.

CAP. XIII.

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3. Foreign Spirits may be bottled in warehouse for home consumption.] Foreign spirits bottled, in accordance with the regulations of the Commissioners of Customs or Inland Revenue, in any customs or excise warehouse in Imperial or reputed quart or pint bottles, and packed in cases containing one or more dozen of such quart bottles or two or more dozen of such pint bottles, may be entered and cleared for home consumption; and there shall be charged upon the delivery for home consumption of such spirits so bottled, in addition to the duties of customs and any other charges thereon, the rate following; (that is to say,)

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For every one dozen imperial or reputed quart bottles, or two dozen imperial or reputed piat bottles, of such spirits Threepence. And such rate shall be deemed a duty of customs or excise according as the same is payable in respect of spirits de

livered from a customs or excise warehouse.

PART II. Taxes.

4. Grant of duties of income tax-16 & 17 Viet, e. 34.] There shall be charged, collected, and paid for the year commencing on the sixth day of April one thousand eight hundred and eighty, in respect of all property, profits, and gains mentioned or described as chargeable in the Act of the sixteenth and seventeenth years of Her Majesty's reign, chapter thirty-four, the following duties of income tax; (that is to say,)

For every twenty shillings of the annual value or amount of property, profits, and gains chargeable under Schedules (A.), (C.), (D.), or (E.) of the said Act, the duty of fivepence;

And for every twenty shillings of the annual value of the occupation of lands, tenements, hereditaments, and heritages chargeable under Schedule (B.) of the said Act,

In England, the duty of two-pence half-penny; In Scotland and Ireland respectively, the daty of one penny three farthings.

5. Provisions of Income Tax Acts to apply to duties hereby granted-25 & 26 Vict. c. 22.] All such provisions contained in any Act relating to income tax as are now in force shall have full force and effect with respect to the duties of income tax granted by this Act, so far as the same shall be consistent with the provisions of this Act; and for the purposes of this Act the year one thousand eight hundred and sixty-two mentioned in the forty-third section of the Act of the twenty-fifth and twenty-six years of Her Majesty's reign, chapter twenty-two, shall be read as and deemed to mean the year one thousand eight hundred and

An Act to apply certain sums out of the Consolidated Fund to the service of the years ending on the thirty-first day of March one thousand eight hundred and seventy-nine, one thousand eight hundred and eighty, and one thousand eight hundred and eighty-eighty. one, and to appropriate the Supplies granted in this Session of Parliament. [24th March 1880.

CAP. XIV.

An Act to grant certain Duties of Customs and Inland Revenue, to alter other Duties, and to amend the Laws relating to Inland Revenue. [24th March 1880. Most Gracious Sovereign,

We, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled, towards raising the necessary supplies to defray Your Majesty's public expenses and making an addition to the public revenue, have freely

6. Provisions of Income Tax Acts to apply to duties to be granted for succeeding year-16 & 17 Vict. c. 34.] In order to ensure the collection in due time of any duties of income tax which may be granted for the year commencing on the sixth day of April one thousand eight hundred and eightyone, all such provisions contained in any Act relating to the duties of income tax as are in force on the fifth day of April one thousand eight hundred and eighty-one stall have full force and effect with respect to the duties of income tax which may be so granted in the same manner as if the said duties had been actually granted, and the said provisions had been applied thereto, by an Act of Parlisment passed on that day: Provided that nothing in this section shall be deemed to render necessary or authorise the

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