Power to re-let Act not to apply to Canals and Notices Act not to exempt Canal Companies from any general Act. deliver the same to them or any Person appointed by them for that Purpose. XI. And be it enacted, That upon such Possession being obtained it shall be lawful for the Company having made such Demise to determine the Lease (if any) previously subsisting, and the same shall accordingly be utterly void, except as to the Remedies of the Lessors for Payment of the Rent due, or in respect of any unperformed or broken Obligations or Conditions on the Lessee's Part, all which Remedies shall remain in full Force; and in every such Case, either during such Proceedings or on the Termination thereof, the Company may again let the Tolls to the same or any other Person, or cause them to be collected in the same Manner as if no such former Lease had been made relative thereto. XII. Provided always, and be it enacted, That this Act shall not apply to any Canal or Navigation the Property wherein is vested in Shareholders, nor shall the Powers of leasing hereinbefore contained be exercised by any such Canal or Navigation Company, until a Meeting of the Shareholders thereof shall have been duly convened in such Manner as Meetings are by their respective Acts of Incorporation or Settlement required to be called or are usually called, and it shall have been determined by a Majority of Two Thirds of the Votes of the Shareholders in such Meeting assembled, either in Person or by Proxy, where by such Acts of Incorporation or Settlement voting by Proxy is allowed, to adopt the Powers and Provisions hereby granted, or such and so many of them as it shall at such Meeting be determined shall be adopted, or to grant or accept any such Lease, nor to any Canal or Navigation the Property wherein is vested in One or more Owner or Owners, Proprietor or Proprietors, unless the Owner or Owners, Proprietor or Proprietors thereof shall determine to adopt the Powers and Provisions hereby granted, nor in either Case until public Notice of any such Determination and Intention shall have been inserted in the London Gazette is respect of Canals or Navigations in England or Wales, in the Edinburgh Gazette in respect of Canals or Navigations in Scotland, and in the Dublin Gazette in respect of Canals or Navigations in Ireland, and in some Newspaper circulating in the County or Counties wherein such Canal or Navigation, or some Part thereof, shall pass, One Month at the least previously to the Exercise of any such Powers, whereupon, or immediately after the Expiration of such Notice, every such Company, or their respective Committees, Directors, or Managers, or their Agents by them duly authorized in manner aforesaid, may from Time to Time put in force and exercise the said Powers or any of them, in the Manner by this Act authorized. XIII. And be it enacted, That nothing herein contained shall be construed to exempt any Canal or Navigation Company who shall adopt the Powers of this Act from the Operation of any general Act regulating the Manner of charging Tolls and other Charges upon Canals or Navigations in respect of Passengers, Goods, Animals, Articles, and Things of a like Description, which may be passed in the course of any future Session of Parliament. XIV. And XIV. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this present Session of Act Parliament. CA P. XLIII. An Act for encouraging the Establishment of Museums in large Towns. [21st July 1845.] WHEREAS it is expedient to promote the Establishment and Extension of Museums of Art and Science in large Towns, for the Instruction and Amusement of the Inhabitants 'thereof:' 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, That it shall be lawful for the Town Councils Council of any Municipal Borough, the Population of which, of certain Muaccording to the last Account from Time to Time taken thereof nicipal Boby Authority of Parliament, exceeds Ten thousand Persons, if roughs may such Council shall think fit so to do, to purchase Lands, and to and erect purchase Lands erect thereon Buildings suitable for Museums of Art and Science, thereon Muand to maintain and keep the same in good Repair, and to accept seums of Art any Gifts, Grants, or Devises of Lands, Tenements, or Heredita- and Science. ments, for the Purpose of establishing, improving, or maintaining such Museums, or to contribute toward the Establishment and Maintenance of such Museums in any neighbouring Borough ; and that the Costs and Charges of such Lands and Buildings, and the keeping of the same in good Repair, and the Payment of any Principal Money or Interest borrowed under the Authority of this Act, or of such Contribution, shall be chargeable upon and paid for out of the Borough Fund of such Municipal Borough, and for that Purpose the Council may levy with and as Part of the Borough Rate, or by a separate Rate to be levied in like Manner as the Borough Rate, such Sums of Money as shall be from Time to Time needed, so that the whole Amount of the Borough Rate be not increased in any One Year for the Purposes of this Act by more than One Halfpenny in the Pound, or if a separate Rate be levied so that such Rate do not in any One Year amount to more than One Halfpenny in the Pound of the annual Value of the Property in the Borough rateable to the Borough Rate. chase of Lands, II. And be it enacted, That for the Purchase of such Lands, Town Councils and for defraying the Costs of such Buildings as may be erected may borrow thereon, or for contributing to the Cost of such Purchase or Money for Purbuilding, it shall be lawful for the Council of any such Municipal &c. Borough as aforesaid, from Time to Time, with the Approval of the Commissioners of Her Majesty's Treasury, to borrow at Interest the Amount of Money which may be required for the same, on the Security of the Borough Rates as aforesaid, or the separate Rate authorized by this Act. III. And be it enacted, That the Lands and Buildings so purchased or erected as aforesaid, and also all Specimens of Art or Science, and Articles of every Description, which may be purchased for or presented to any such Museum, and accepted by the Council thereof, shall be vested in and held upon trust for ever by the Mayor, Aldermen, and Burgesses of the Borough in which such Museum Such Lands, Rates of Admission to Public. Regulations for preserving Contents, &c. Alteration of Museum shall be situated, and shall be managed by the Council of the Borough, and kept in fit and proper Order, for the Benefit of the Inhabitants of the Borough, and others resorting thereto. IV. And be it enacted, That the Council of any such Municipal Borough may from Time to Time fix such Rates of Payment for Admission to any such Museum as the Council may think expe dient, not exceeding the Sum of One Penny for each Person admitted, and the Amount so raised shall be employed in defraying the Salaries of the Curators and other Persons employed in charg of such Museum, and in lighting, warming, cleaning, and otherwise supporting and improving the same; and that the Council may also make such Regulations for the Preservation of the Contents of such Museum, and for the Maintenance of Order within it, as may to them seem expedient. V. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. CA P. XLIV. Punishment for malicious Injury to Works of Art, &c. Malice to be implied. Apprehension of Offenders. An Act for the better Protection of Works of Art, and tection of Works of Art, and of Scientific and Literary 'Collections, and also of public Statues and Monuments from 'wanton Injury:' 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, That from and after the passing of this Act every Person who shall unlawfully and maliciously destroy or damage any thing kept for the Purposes of Art, Science, or Literature, or as an Object of Curiosity, in any Museum, Gallery, Cabinet, Library, or other Repository, which Museum, Gallery, Cabinet, Library, or other Repository is either at all Times or from Time to Time open for the Admission of the Public, or of any considerable Number of Persons, to view the same, either by Permission of the Proprietor thereof, or by the Payment of Money before entering the same, or any Picture, Statue, Monument, or Painted Glass in any Church or Chapel or other Place of religious Worship, or any Statue of Monument exposed to public View, shall be guilty of a Misde meanor, and, being duly convicted thereof, shall be liable to be imprisoned for any Period not exceeding Six Months, and, if a Male, may during the Period of such Imprisonment be put to hard Labour, or be once, twice, or thrice privately whipped, in such Manner as the Court before which such Person shall be tried shall direct. II. And be it enacted, That every Punishment imposed on any Person for an Offence against this Act shall apply and be enforced, whether the Offence shall be committed from Malice conceived against the Owner of the Thing damaged or or not. destroyed III. And be it enacted, That any Person found committing any Offence against this Act may be immediately apprehended, without a Warrant, by any other Person, and forthwith taken before some neighbouring neighbouring Justice of the Peace, to be dealt with according to Law. IV. Provided always, and be it enacted, That nothing herein Right to recover contained shall be deemed to affect the Right of any Person to Damages. recover by Action at Law Damages for the Injury so committed. V. And be it enacted, That every Person who shall abet, counsel, or procure the Commission of any Offence against this Act shall be punished as a principal Offender. VI. And be it enacted, That this Act shall not extend to Scotland. VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. Accessories as Extent of Act. Act. An Act to make perpetual and amend an Act of the Fifth and Sixth Years of Her present Majesty, for preventing Ships clearing out from any Port in British North America or in the Settlement of Honduras from loading any Part of their Cargo of Timber upon Deck. [21st July 1845.] HEREAS an Act was passed in the Session of Parliament held in the Fifth and Sixth Years of the Reign of Her present Majesty, intituled An Act for preventing, until the 5&6 Vict. c.17. First Day of May One thousand eight hundred and forty-five, :W Ships clearing out from any Port in British North America or in the Settlement of Honduras from loading any Part of their Cargo of Timber upon Deck: And whereas it is expedient that the said Act should be further continued and made per'petual, but it is necessary that certain Amendments should be made therein: 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 Act, except so much thereof as is herein-after repealed, shall from and after the passing of this Act be and continue in force and be perpetual. Recited Act, except so much repealed, to be made perpetual. as is hereby of Cargo upon II. And be it enacted, That so much of the said Act as enacts Repealing so that it shall not be lawful for any Part of the Cargo of any Ship much of Act as or Vessel laden with Timber or Wood Goods, and clearing from prohibits lading any British Port in North America or the Settlement of Hon- Deck or sailing duras between the First Day of September and the First Day without Certifi of May in each Year, to be placed during any Part of the cate, and as imVoyage on the Deck of such Ship or Vessel, and that no Captain poses a Penalty or Master of any Ship or Vessel so clearing shall be permitted to therefor. sail without first procuring a Certificate from the Clearing Officer that all the Cargo is below Deck, and so much of the said Act as imposes a Penalty upon any Captain or other Person offending against the Provisions thereof, shall be repealed. III. And be it enacted, That before any Clearing Officer permits Clearing Offiany Vessel wholly or in part laden with Timber or Wood Goods cers to ascertain and certify to clear out from any British Port in North America or in the that Cargo of Settlement of Honduras, for any Port in the United Kingdom, at certain Ships is any Time after the First Day of September or before the First below Deck. * Repealed by Cap. 84. of this Session. Ships not to sail without Certificate. No Part of Cargo to be placed on Deck. Removal of Stores not to be taken as Cargo. Penalty for Of fences against this Act. Provisions of recited Act respecting Indictments and Proceedings applied to Indictments, &c. under this Act. Alteration of Day of May in any Year, he shall ascertain that the whole of the Cargo of such Vessel is below Deck, and shall give the Captain or other Person having Command of such Vessel a Certificate to that Effect; and no Captain or other Person having Command of any Vessel so laden as aforesaid shall sail from any of the Ports aforesaid for any Port of the United Kingdom at any such Time as aforesaid until he has obtained such a Certificate as aforesaid from the Clearing Officer. IV. And be it enacted, That no Captain, Owner, Supercargo, or other Person having Command of any Vessel in respect of which such Certificate as aforesaid has been obtained shall place, or permit or cause to be placed, or to remain or be, upon or above the Deck of such Vessel, any Part of the Cargo thereof, until such Vessel has arrived at the Port of her Destination: Provided always, that if the Captain or other Person having Command of any such Vessel consider that it is necessary, in consequence of the springing a Leak or of other Damage received or apprehended during the Voyage, to remove any Portion of the Cargo upon Deck, he may remove or cause to be removed upon the Deck of such Vessel so much of the Cargo and may permit the same to remain there for such Time as he considers expedient: Provided also, that the Store, Spars, or other Articles necessary for the Vessel's Use shall not be taken to be Cargo for the Purposes of this Act. V. And be it enacted, That if any Captain or other Person having the Command of any Vessel for which such Certificate as aforesaid is hereby required sails or attempts to sail without having obtained such Certificate, or places, or permits or causes to be placed, or to remain or be, upon or above the Deck of such Vessel, any Part of the Cargo thereof, except in the Cases in which the same is not forbidden by this Act, he shall for every such Offence forfeit and pay any Sum not exceeding One hundred Pounds. VI. And be it enacted, That all the Enactments of the said Act respecting Indictments, Informations, and Proceedings in respect of Offences alleged to have been committed against the Provisions thereof, and respecting Proceedings for the Recovery of the Penalties inflicted thereby, shall be held and taken to apply to all Indictments, Informations, and Proceedings against any Person or Persons in respect of Offences committed or alleged to have been committed against the Provisions of this Act, and to all Proceed ings for the Recovery of any Penalty incurred or alleged to have been incurred by any Person or Persons under this Act. VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. CA P. XLVI. An Act for the Appointment of additional Constables for 4 Works |