' Journal

,

CAP. I.

An Act to apply the sum of Two million five hundred thousand pounds out of the Consolidated Fund to the service of the year ending on the thirty-first day of March one thousand eight hundred and eighty-one. [17th February 1881.

CAP. II.

An Act to remove Doubts as to the operation and effect of so much of the Burial Laws Amendment Act, 1880, as relates to the Births and Deaths Registration Act, 1874. [17th February 1881.

Whereas doubts have arisen as to the operation and effect of the eleventh section of the Burial Laws Amendment Act, 1880, by reason of a clerical error in the first sentence thereof; and it is expedient that such doubts should be removed :

Be it declared and enacted, &c.:

1. Explanation of 43 & 44 Vict. c. 41, s. 11.-37 & 38 Vict. c. 88.-43 & 44 Vict. c. 41.] Nothing in the eleventh section of the Burial Laws Amendment Act, 1880, shall have, or be deemed in law to have had, the effect of repealing, or in any manner altering, any of the provisions contained in the seventeenth section of the Births and Deaths Registration Act, 1874, in any case whatever, save and except only the case of a burial under the Burial Laws Amendment Act, 1880.

2. Construction of 43 & 44 Vict. c. 41, s. 11.] The words "in the case of a burial under that Act" in the first sentence of section eleven of the Burial Laws Amendment Act, 1880, shall be construed and read as if they had been "in the case of a burial under this Act."

3. Short title.] This Act may be cited as the Burial and Registration Acts (Doubts Removal) Act, 1881.

CAP. III.

An Act to further improve the Administration of Justice in the Judicial Committee of the Privy Council. [17th February 1881. Whereas it is expedient that further provision should be made for the administration of justice in the Judicial Committee of the Privy Council:

Be it therefore enacted, &c. :

1. Lords Justices of Appeal to be members of Judicial Committee.] Every person holding or who has held in England the office of a Lord Justice of Appeal shall, if a member of Her Majesty's Privy Council in England, be a member of the Judicial Committee of the Privy Council.

2. Short title.] This Act may be cited as the Judicial Committee Act, 1881.

An Act to provide during twelve months for the Discipline and Regulation of the Army. [8th April 1881. 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-four thousand and sixty 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 numbers actually serving within Her Majesty's Indian possessions:

And whereas it is also judged necessary for the safety of the United Kingdom, and the defence of the possessions of this realm, that a body of Royal Marine forces should be employed in Her Majesty's fleet and naval service, under the direction of the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral aforesaid :

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 before-mentioned 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 :

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-one; 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-one ; and

(c.) Elsewhere, whether within or without Her Majesty's dominions, on the thirty-first day of December one thousand eight hundred and eighty-one :

Be it therefore enacted, &c. :

1. Short title.] This Act may be cited as the Army Discipline and Regulation (Annual) Act, 1881.

2. Army Discipline and Regulation Act (42 & 43 Vict. c. 33) be in force for specified times.] The Army Discipline and Regulation Act, 1879, shall be and remain in force during the periods herein-after 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 Man, from the thirtieth day of April one thousand eight hundred and eighty-one to the thirtieth day of April one thousand eight hundred and eighty-two, 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-one to the thirty-first day of July one thousand eight hundred and eighty-two, 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-one to the thirty-first day of December one thousand eight hundred and eighty-two, both inclusive;

and the day from which the Army Discipline and Regula. tion Act, 1879, is continued in any place by this Act is in relation to that place referred to in this Act as the commencement of this Act.

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 number herein-before 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 specified in the schedule to this Act.

AMENDMENTS OF ARMY DISCIPLINE AND REGULATION ACT, 1879.

4. Summary punishment.] (1.) On and after the commencement of this Act, where a soldier on active service is guilty of an aggravated offence of drunkenness, or of an offence of disgraceful conduct, or of any offence punishable with death or penal servitude, it shall be lawful for a courtmartial to award for that offence such summary punishment other than flogging as may be directed by rules made from

time to time by one of Her Majesty's Principal Secretaries of State; and such summary punishment shall be of the character of personal restraint or of hard labour, but shall not be of a nature to cause injury to life or limb, and shall not be inflicted where the confirming officer is of opinion that imprisonment can with due regard to the public service be carried into execution.

(2.) The said summary punishment shall not be inflicted upon a non-commissioned officer or upon a reduced noɑcommissioned officer, for any offence committed while holding the rank of non-commissioned officer.

(3.) "An aggravated act of drunkenness" for the purposes of this section, means drunkenness committed on the march or otherwise on duty, or after the offender was warned for duty, or when by reason of the drunkenness the offender was found unfit for duty; and notwithstanding anything contained in the Army Discipline and Regulation Act, 1879, it shall not be incumbent on the commanding officer to deal summarily with such aggravated offence of drunkenness.

(4.) "An offence of disgraceful conduct" for the parposes of this section means any offence specified in section eighteen of the Army Discipline and Regulation Act, 1879.

(5.) For the purpose of commutation of punishment the summary punishment above mentioned shall be deemed to stand in the scale of punishments next below penal

servitude.

(6.) Any punishment which may, in pursuance of the Army Discipline and Regulation Act, 1879, be awarded in addition to imprisonment, may also be awarded in addition to a summary punishment under this section.

5. Summary court-martial.] (1.) Where a person subject to military law and being on active service with any body of forces is charged, on and after the commencement of this Act, with an offence against the Army Discipline and Regulation Act, 1879, a summary court-martial may be convened and shall have jurisdiction to try such offence, if the officer convening the court is of opinion that an ordinary court-martial cannot, having due regard to the public service, be convened to try such offence.

(2.) A summary court-martial shall be convened and constituted, and the members and witnesses sword, and its proceedings conducted, and its finding and sentence confirmed in such manner as may be provided by this section anirules from time to time made in pursuance of the Army Discipline and Regulation Act, 1879, as amended by this Act; and sections fifty to fifty-four (both inclusive) of that Act shall not apply to such court-martial, provided that,

(a.) A summary court-martial shall consist of not less

than three officers, unless the officer convening te same is of opinion that three officers are not available, having due regard to the public service, in which case the court-martial may consist of two officers; and

(b.) Where a summary court-martial consists of less than three officers the sentence shall not exceed such summary purishment as is allowed by this Act, or imprisonment; and

(c.) A sentence of death or penal servitude awarded by a summary court-martial shall not be carried in o effect unless and until it has been confirmed by t.e general or field officer commanding the fored with which the prisoner is present at the date of his sed

tence.

6. Abolition of corporal punishment.] On and after the commencement of this Act there shall be repealed so murt of the Army Discipline and Regulation Act, 1879, as prescribes corporal punishment for offences commited by persons subject to military law and convicted of such offences by court-martial; also so much of section seventytwo of the said Act as relates to field general courts-martial without prejudice to anything done or suffered in parsuan of the said section, and the finding and sentence of any epet court held before the commencement of this Act may be confirmed and carried into effect after such commencement.

7. Rules made in pursuance of this Act to be laid he kee Parliament.] All rules made in pursuance of this Act shali be laid before Parliament as soon as practicable after they are made, if Parliament be then sitting, and if Parliament be not then sitting, as soon as practicable after the beginning of the then next session of Parliament.

1. Short title.] This Act may be cited for all purposes as the Inland Revenue Buildings Act, 1881.

2. Lands, &c., in the United Kingdom for the service of the Inland Revenue to vest in Commissioners of Works.] All manors, messuages, buildings, lands, tenements, and hereditaments of freehold or leasehold tenure in the United Kingdom which are now vested in the secretary or joint secretaries to the Commissioners of Inland Revenue, or any other person, in trust for Her Majesty, her heirs and successors, for the use and service of the Inland Revenue, shall become and are hereby vested in the Commissioners of Her Majesty's Works and Public Buildings (herein-after called the Commissioners of Works) for the public service, and shall be subject to the provisions of the Act of the fifteenth and sixteenth years of the reign of Her present Majesty, chapter twenty-eight, in all respects as if the same had been acquired under the provisions of that Act.

3. Copyholds now vested in Commissioners of Inland Revenue to remain so, but in trust for Commissioners of Works.] All lands of copy hold or customary tenure which are now vested in the secretary or joint secretaries to the Commissioners of Inland Revenue, or any other person, in trust for the same Commissioners, or for the service of the Inland Revenue, shall remain vested in such secretary or joint secretaries, or other person, but in trust for the Commissioners of Works for the public service, and shall be subject to the provisions of the said Act of the fifteenth and sixteenth years of the reign of Her present Majesty, chapter twenty-eight, in all respects as if the same had been acquired under the provisions of that Act.

4. As to completion of existing contracts.] All contracts entered into by or on behalf of the Commissioners of Inland Revenue in respect of any lands or hereditaments in the United Kingdom for the service of the Inland Revenue, and not at the passing of this Act fully performed and completed, may be enforced, and shall be performed and completed for the public service, in like manner as if the Commissioners of Works had been parties thereto instead of the Commissioners of Inland Revenue.

eight, from time to time purchase, hire, or otherwise acquire such buildings, lands, or other hereditaments as may be necessary for the service of the Inland Revenue within the United Kingdom; and for the purposes of any such purchase the Lands Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation (Scotland) Act, 1845, and the Acts extending and amending the same respectively, except so much thereof as relates to the purchase of land otherwise than by agreement, are hereby incorporated with this Act, the special Act being construed to mean this Act, and the promoters of the undertaking being construed to mean the Commissioners of Works.

6. Purchases, &c., subject to provisions of 15 & 16 Vict. c. 28.] Every purchase, sale, exchange, or lease by the Commissioners of Her Majesty's Works under this Act shall be deemed to be a purchase, sale, exchange, or lease under the said Act of the fifteenth and sixteenth years of the reign of Her present Majesty, chapter twenty-eight.

Provided that it shall not be necessary for any vendor, purchaser, lessor, or lessee to ascertain that the consent of the Commissioners of Her Majesty's Treasury to the purchase, sale, exchange, or lease by the Commissioners of Works has been given.

CAP. XI.

An Act to further amend the law relating to Sea Fisheries by providing for the protection of Clam and other Bait Beds. [3rd June 1881.

Be it enacted, &c. :

1. Short title.] This Act may be cited as the Sea Fisheries (Clam and Bait Beds) Act, 1881.

2. Power of Board of Trade by Provisional Order to protect bait beds from injury by beam trawls-41 & 42 Vict. c. 73.] Where the Board of Trade, on such application and after such local inquiry as in this Act mentioned, are satisfied that the unrestricted use of beam trawls in any area being part of the sea adjoining the United Kingdom, and within the territorial waters of Her Majesty's dominions, within the meaning of the Territorial Waters Jurisdiction Act, 1878, is injurious to any clam or other bait bed in that area, the Board of Trade may make an order for restricting or prohibiting or for empowering the authority named therein to restrict or prohibit, either entirely or subject to such regulations as may be provided by the order, the use of any beam trawl for taking sea fish within the area named in the order during such term of years, or during such period either in every year or in a term of years, as is limited by the order.

The Board of Trade may, by any such order, provide for enforcing the order, and any restriction, probibition, or regulation contained therein, by fines not exceeding twenty pounds for each offence; and the authority empowered by the order may be any person or body of persons corporate or unincorporate, and may, if it seem expedient, be constituted by the order.

An order under this section shall be subject to such confirmation by Parliament or otherwise as in this Act mentioned.

3. Persons who may apply for order.] An application to the Board of Trade for an order under this Act in relation to any locality may be made by memorial in that behalf presented to the Board of Trade by any persors appearing to the Board of Trade to represent the fishermen of the locality, or by any of the following authorities, if they appear to the Board of Trade to be interested in the fisheries of the locality; namely,

The justices of a county in general or quarter sessions assembled, or in Scotland the commissioners of supply of any county;

A town council or other urban sanitary authority;
A rural sanitary authority; and

Any body corporate, persons or person being or claiming to be proprietors or proprietor of or entrusted with the duty of improving, managing, maintaining, or regulating any harbour.

inclusive), of the Sea Fisheries Act, 1868, shall apply as if those sections were re-enacted in this Act with the necessary modifications; and with the substitution of the applicants for an order under this Act for "the promoters."

Provided, that where an order made under this Act either is limited to an area not exceeding five acres, or amends a previous order without extending the area to which that order applies, and a petition against the order by any local authority or persons affected thereby is not within one month after the first publication of the order received by the Board of Trade, or if received is withdrawn, the Board of Trade may, if they think fit, submit the order for confirmation to Her Majesty in Council; and every such order, if confirmed by Her Majesty in Council, shall have full operation as if it had been confirmed by Parliament.

5. Power to determine order.] An order made under this Act, and confirmed by Order in Council, may, notwithstanding anything in the order, be determined either wholly or par. tially at any time by Her Majesty in Council on the representation of the Board of Trade (which the Board may make after such inquiry as they may think necessary); and the authority empowered by the order shall not be entitled to any compensation in respect of such determination or in respect of any expenses incurred by them in acting or with a view to act under the order.

6. Power in order under 31 & 32 Vict. c. 45 to deal with order under this Act.] An order made by the Board of Trade under Part III. of the Sea Fisheries Act, 1868, may, if the Board see fit, contain provisions repealing or amending all or any of the provisions contained in an order made under this Act.

7. Extent of Act.] This Act shall not extend to Ireland, but may be extended to the Isle of Man, if an Act shall be passed by the Legislature of the said Isle adopting the

same.

8. Recovery of fines.] All fines and proceedings under this Act, or under any order made and confirmed in pursuance of this Act, may be recovered and taken in the same manner as fines and proceedings are recovered and taken under the Sea Fisheries Act, 1868, and any Act amending the

same.

9. Interpretation.] In this Act, unless the context otherwise requires, the expression "beam trawl" means a net commonly known as a beam trawl net, and any other engine or instrument (not being a dredge for oysters) which is used or capable of being used for dragging along the bottom of the sea for the purpose of taking fish.

CAP. XII.

An Act to grant certain Duties of Customs and Inland
Revenue, to alter other Duties, and to amend the
Laws relating to Customs and Inland Revenue.
[3rd June, 1881.
ARRANGEMENT OF SECTIONS.

Section

1. Short title.

PART I.

CUSTOMS AND EXCISE.

As to Customs.

2. Import duties on tea.

3. Alteration of customs duties on beer.

4. Drawback on the exportation of imported beer.

5. Provisions as to importation of beer.

6. Beer imported may be exported.

7. Alteration of duties on spirits imported.

8. Mode of testing in case of obscuration.

9. Time and place for landing goods inwards.

10. Time and places for landing and shipping coastwise. 11. Specifications for free goods six days after clearance. Forms Nos. 8 and 9. Except as to salmon.

12. Persons may be searched if officers have reason to suspect smuggled goods are concealed upon them. Rescuing goods. Rescuing persons. Assaulting or obstructing officers. Attempting the foregoing offences. Penalty.

13. Certain sections of this Act incorporated in 39 & 40 Vict. c. 36.

As to Excise.

14. Brewer's licence. Annual value of house exceeding ten pounds and not exceeding fifteen pounds.

Probate or letters of administration to bear a certifi cate in lieu of stamp duty.

31. Provision for return of duty overpaid. 32. Provision for payment of further duty.

33. Provisions as to obtaining probate, &c., where gross value of estate does not exceed three hundred pounds.

35.

34. Provision as to inventories where gross value of estate does not exceed three hundred pounds. Provision in case of subsequent discovery that the value of estate exceeded three hundred pounds. 36. Relief from legacy duty in cases under three hundred pounds.

37. Power to Commissioners to require explanations and proof in support of affidavit or inventory.

38. Grant of duties on accounts of certain property. 39. Delivery of accounts on oath.

40. Double duty payable in case of default. 41. Cesser of legacy and succession duties at the rate of one per cent. in certain cases.

42. Charge of legacy duty on legacies not amounting to twenty pounds.

43. Power to Commissioners to accept composition for

legacy duty under a will.

Miscellaneous.

For every thirty-six gallons of beer of any other description

Where the worts thereof were before fermentation of a specific gravity of

One thousand and fifty-seven degrees

.

£ 8. d.

.

1 6

0

1 10

6

0 6 6 And so in proportion for any difference in gravity. 4. Drawback on the exportation of imported beer-43 & 44 Vict. c. 20.] In respect of all beer imported or brought into Great Britain or Ireland, and subsequently exported as merchandise, or shipped for use as ship stores, or removed to the Isle of Man, and on which beer the duties of customs under this Act shall bave been paid, there shall be allowed and paid the drawback under section thirty-six of the Inland Revenue Act, 1880, upon the exportation of beer brewed in the United Kingdom.

5. Provisions as to importation of beer.] (1.) The importer of any beer into Great Britain or Ireland, or his agent, and any person bringing in beer into Great Britain or Ireland from the Isle of Man, or his agent, shall deliver to the proper officer of customs at the place at or to which the beer is so imported or brought in, a declaration of the original gravity of the worts from which the beer was brewed, such declaration to be duly verified by signature, and to be in such form as the Commissioners of Customs may direct.

(2.) For the purpose of charging the proper duty of customs on beer so imported or brought in, the original gravity of the beer may be ascertained by an officer of customs, or an officer of inland revenue, in the manner provided by section fifteen of the Inland Revenue Act, 1880, for determining the original gravity of beer brewed in the United Kingdom, and duty shall be charged according to the gravity stated in the declaration or that ascertained by the officer whichever shall be the highest.

(3.) If the gravity ascertained by the officer shall exceed by two per centum the gravity stated in the declaration the beer shall be forfeited, and, if the gravity so ascertained shall exceed by five per centum the gravity stated in the declaration, the importer or person bringing in the beer, and the agent declaring, if any, shall forfeit a penalty of one hundred pounds.

6. Beer imported may be exported.] (1.) It shall be lawful for any person to export as merchandise to foreign parts or for use as ships' stores, or to remove to the Isle of Man any beer imported or brought into Great Britain or Ireland, and, except as is herein-after provided, the enactments contained in sections thirty-seven, thirty-eight, and thirty-nine of the Inland Revenue Act, 1880, shall extend and apply to the exportation or removal of beer imported or brought in.

(2.) It shall not be necessary for the declaration mentioned in section thirty-seven of the said Act to be produced upon the exportation or removal of beer imported or brought in; but the notice thereby required to be given to the proper officer at the place from which the beer is to be exported or removed shall specify that the full duties of customs have been charged and paid upon the beer, and such notice, which may be given by the exporter or his agent, shall be duly verified by signature, and shall be deemed an instrument within section one hundred and sixty-eight of the

Customs Consolidation Act, 1876.

7. Alteration of duties on spirits imported-39 & 40 Vict. c. 35.] In lieu of the duties of customs now payable under the Customs Tariff Act, 1876, on spirits or strong waters, and of the duties of excise on spirits manufactured or distilled in the islands of Guernsey, Jersey, Alderney, and Sark respectively, and imported into the United Kingdom, there

as

toms;

9. Time and place for landing goods inwards.] No goods, except diamonds and bullion, and lobsters and fresh fish of British taking, imported in British ships, which goods may be landed without report or entry, shall be unshipped from any ship arriving from parts beyond the seas, or be landed or put on shore on Sundays or holidays, except by special permission of the Commissioners of Customs; nor shall they be unshipped, landed, or put on shore on any other days except between the hours of eight o'clock in the morning and four o'clock in the afternoon from the first day of March to the thirty-first day of October, both inclusive, and between the hours of nine o'clock in the morning and four o'clock in the afternoon during the remainder of the year, or between such other hours may be appointed by the Commissioners of Casnor shall any goods whatever be unshipped or landed at any time unless in the presence or with the authority of the proper officer of customs, nor shall they be so landed except at some legal quay, wharf, or other place duly appointed for the landing or unshipping of goods, nor shall any goods after having been unshipped or put into any boat or craft to be landed be transhipped or removed into any other boat or craft previously to their being landed, without the permission of the proper officer of customs; and if any goods shall be unshipped or removed from any importing ship for the purpose of being landed they shall be forthwith taken to and landed at the wharf, quay, or other place at which the same are intended to be landed. If any goods shall be unshipped, landed, transhipped, removed, or dealt with contrary to the provisions of this section they shall be forfeited, together with the barge, lighter, boat, or other vessel employed in removing the same.

10. Time and places for landing and shipping coastwise.] If any goods shall be unshipped from any ship arriving coastwise, or be shipped or waterborne to be shipped for carriage coastwise on Sundays or holidays, except by the special permission of the Commissioners of Customs, or on any other day unless in the presence or with the authority of the proper officer of customs, or unless at such times and places as shall be appointed or approved by him for that purpose, the same shall be forfeited, and the master of the ship shall forfeit the penalty of fifty pounds.

11. Specifications for free goods six days after clearanceForms Nos. 8 and 9-Except as to salmon.] The exporter of goods for which no bond is required shall (except as hereinafter provided) within six days after the final clearance outwards of the exporting ship, or within such other period as the Commissioners of Customs may direct, either by himself or his agent, deliver to the proper officer of customs at the port of shipment a specification in the Form No. 8 or No. 9 in Schedule B. to the Customs Consolidation Act, 1876, 80cording to the nature of the goods, and containing the several particulars indicated in or required thereby, or in such