CHAPTER 30. An Act to amend the Settled Estates Act of 1856. [24th July 1876.] HEREAS by section fourteen of the Settled Estates Act of 1856 (nineteenth and twentieth Victoria, chapter One hundred and twenty), herein called the Principal Act, it is enacted that it shall be lawful for the Court, if it shall deem it proper and consistent with a due regard for the interests of all parties entitled under the settlement, and subject to the provisions and restrictions in the Principal Act contained, from time to time to direct that any part of any settled estates be laid out for streets, roads, paths, squares, gardens, or other open spaces, sewers, drains, or watercourses, either to be dedicated to the public or not: And whereas difficulty in the exercise of the said power has arisen for want of sufficient power to direct the said streets and other works to be made and executed, and to provide for the expenses incurred in relation thereto, and it is expedient to amend the Principal Act accordingly : 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: of expenses of 1. Where under section fourteen of the Principal Act any part Making and any settled estates is directed to be laid out for streets, roads, executing, and paths, squares, gardens, or other open spaces, sewers, drains, or laying out and watercourges, either to be dedicated to the public or not, the Court making and may direct that any such streets, roads, paths, squares, gardens, or executing streets, roads, other open spaces, sewers, drains, or watercourses, including all and other necessary or proper fences, pavings, connexions, and other works works. incidental thereto respectively, be made and executed, and that all or any part of the expenses in relation to such laying out and making and execution be raised and paid by means of a sale or mortgage of, or charge upon all or any part of the settled estates, or out of any moneys or investments representing moneys liable to be laid out in the purchase of hereditaments to be settled in the same manner as the settled estates. 2. This Act may be cited as the Settled Estates Act, 1876, and Short title, and shall be construed as one with the Principal Act. CHAPTER 31. An Act to grant Money for the purpose of Loans by the Works Loan Commissioners are authorised to make loans for the purposes therein mentioned, and it is expedient to grant the money herein-after mentioned for the purposes of such loans: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and construction. Short title. Commencement of Act. Grant of 4,000,000l. for loans during the period ending the 30th of June 1877. of 38 & 39 Vict. c. 89. to loan, Portpatrick, and Belfast and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. This Act may be cited as the Public Works Loans (Money) Act, 1876. 2. This Act shall come into operation on the first day of July one thousand eight hundred and seventy-six. Issue of Money for Loans. 3. For the purpose of loans by the Public Works Loan Commissioners any sum or sums not exceeding in the whole four million pounds may be issued out of the Consolidated Fund of the United Kingdom, or the growing produce thereof, in manner provided by the Public Works Loans Act, 1875, during the period ending on the thirtieth day of June one thousand eight hundred and seventyseven, or on any earlier day at which a further Act authorises the issue. The Treasury may, in the manner and subject to the limitations provided by the Public Works Loans Act, 1875, borrow the said sum or any part thereof. Amendment to Public Works Loans Act, 1875. Application of 4. Whereas by section fifty-six of the Public Works Loans Act, section fifty-six 1875, it was provided that that Act should apply only to loans granted after the commencement thereof, and that the Loan Commissioners should have the same power of making further advances on any mortgage made before the commencement of that Act, and otherwise as therein mentioned, as they would have had under the Acts repealed by that Act if they had not been repealed, but such advances were to be made out of moneys issued under that Act: County Down under 31 & 32 And whereas by a special Act, namely, the Act of the session of the thirty-first and thirty-second years of the reign of Her present Majesty, chapter eighty-one, intituled "An Act to authorise Loans "of Public Money to the Portpatrick and the Belfast and County "Down Railway Companies, and a Payment to the Portpatrick "Company in consequence of the abandonment of the communi"cation between Donaghadee and Portpatrick," after reciting that the Portpatrick Railway Company and the Belfast and County Down Railway Company had, under the circumstances therein mentioned, just and fair claims to the consideration of Parliament, and for the adjustment thereof it had been agreed that such claims should be settled and arranged as therein-after provided, it was enacted that the said railway companies might borrow on mortgage, and the Public Works Loan Commissioners might advance, the sums therein mentioned, on the security and at the rate and for the period therein mentioned: And whereas the larger portion of the said sums have been advanced to the said companies in pursuance of the said special Act, but doubts have arisen whether the residue of the said sums can be advanced by the Commissioners as further advances under section fifty-six of the Public Works Loans Act, 1875, and it is expedient, with a view to the complete execution of the settlement effected by the said special Act, to authorise such advances: Be it therefore enacted as follows: The Public Works Loan Commissioners shall have the same power of making further advances to the said Railway Companies in pursuance of the said special Act as they would have had under that Act if the Public Works Loans Act, 1875, had not been passed, but such advances shall be made out of money issued under the Public Works Loans Act, 1875. 5. Whereas by the Harbour of Colombo Act, 1874, the Public Removal of Works Loan Commissioners are empowered to advance to the doubt as to government of the colony of Ceylon, in manner therein mentioned, loans for improving the harbour of Colombo in that colony. And whereas by the Public Works Loans Act, 1875, the Public Works Loan Commissioners have power to make loans for the purpose of the works mentioned in the first schedule to that Act (among which works harbours are included), and not for other purposes, but doubts have arisen whether they have power to make further advances for improving the harbour of Colombo in pursuance of the Harbour of Colombo Loan Act, 1874, and it is expedient to remove such doubts: Be it therefore enacted as follows: The Public Works Loan Commissioners shall have the same power of making advances to the government of the colony of Ceylon in pursuance of the Harbour of Colombo Loan Act, 1874, as they would have had if the Public Works Loans Act, 1875, had not been passed, and such advances shall be made out of moneys issued under the Public Works Loans Act, 1875. power to ad vance money for Colombo Harbour under 37 & 38 Vict. c. 24. c. 89. s. 33. as loans to sani tary autho 6. Whereas by section thirty-three of the Public Works Loans Explanation of Act, 1875, it is enacted that every sum payable in respect of a loan 38 & 39 Vict. by the Loan Commissioners shall be compounded for and released to reduction of only under the authority of Parliament in each case, and doubts interest on have arisen whether the said enactment prevents the reduction of interest in accordance with section two hundred and forty-three rities. of the Public Health Act, 1875, and section three of the Public Health (Scotland) Act, 1867, Amendment Act, 1875, on loans to a local authority in pursuance of the Sanitary Acts, and it is expedient to remove such doubts, and to authorise the Loan Commissioners to reduce the interest on loans made before the commencement of the Public Works Loans Act, 1875: Be it therefore enacted as follows: The Public Works Loan Commissioners may, on or before the 31st July 1876, if they think it expedient, with the consent of the Treasury, reduce the interest payable on any loan made before the commencement of the Public Works Loans Act, 1875, to any rate not less than four per centum per annum : Provided always, that nothing in the Public Works Loans Act, 1875, shall be deemed to take away or abridge the power of the Loan Commissioners under section two hundred and forty-three of the Public Health Act, 38 & 39 Vict. 1875, and section three of the Public Health (Scotland) Act, 1867, Amendment Act, 1875, to reduce, if they think fit, any interest 38 & 39 Vict. payable on any such loan to a local authority as is in those sections mentioned. c. 55. c. 74. Explanation of 7. Whereas by sections eighteen and fifty of the Public Works ss. 18, 50, of Loans Act, 1875, provisions are made for the application of that 38 & 39 Vict. c. 89. Issue of 17,5517. 98. 1d. for the purpose of adjustment of accounts Act notwithstanding any special Act or any rule of law or custom, and doubts have arisen whether such provisions extend to any Act relating to a person having power to borrow money from the Public Works Loan Commissioners, and it is expedient to remove such doubts: Be it therefore enacted as follows: Sections eighteen and fifty of the Public Works Loans Act, 1875, shall be construed as if "special Act" in those sections included any Act relating to any person having power to borrow money from the Public Works Loan Commissioners. 8. Whereas on the first day of April one thousand eight hundred and seventy-six (on which day the Public Works Loans Act, 1875, came into operation) divers Acts relating to the Public Works Loan Commissioners ceased to be in force, and large sums previously prior to the 1st issuable in pursuance of the said Acts, for the purpose of loans by the Public Works Loan Commissioners ceased to be issuable, and for the purpose of the adjustment of the accounts of the moneys issued and loans advanced in pursuance of the said Acts, it is expedient to authorise the issue of the sum herein-after mentioned: Be it therefore enacted as follows: day of April 1876. Construction of Act. Short title. Meaning of "Treasury regulations." Conversion of registered societies into branches. With a view to the adjustment of accounts of money issued for loans by the Public Works Loan Commissioners prior to the first day of April one thousand eight hundred and seventy-six, the Treasury may, out of the moneys authorised by this Act to be issued for the purpose of loans by the Public Works Loan Commissioners, issue the sum of seventeen thousand five hundred and fiftyone pounds nine shillings and one penny, to make good money applied prior to the first day of April one thousand eight hundred and seventy-six, for the purpose of loans by the Public Works Loan Commissioners. CHAPTER 32. An Act to amend the Friendly Societies Act, 1875. [24th July 1876.] WHEREAS it is expedient to amend on Friendly Societies Act, 1875: some points the 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. This Act shall be construed as one with the Friendly Societies Act, 1875, (herein termed "the principal Act,") and may be cited as The Friendly Societies Amendment Act, 1876," or together with the principal Act as "The Friendly Societies Acts." means any 2. In this Act the term "Treasury regulations regulations made and approved by the Treasury and for the time being in force under and by virtue of the principal Act. 3. With respect to the conversion of registered societies into branches the following provisions shall have effect: (1.) A society registered before the first day of January one thousand eight hundred and seventy-six may, by a resolution passed by three fourths of the members or delegates present and entitled to vote at any general meeting, of which notice specifying the intention to propose such (2.) A copy of the rules of such first-mentioned society marked (3.) No advertisement of any cancelling of registry under this section shall be requisite. (4.) The rules of a society which becomes a branch under this section shall, so far as the same are not contrary to any express provision of the principal Act or of the Treasury regulations, and subject to any amendment thereof as herein-before provided, continue in force as the rules of such branch until amended. contribute to 4. Nothing in the principal Act or in this Act contained shall Registered prevent any registered society or branch from contributing to the societies may funds or taking part by delegates or otherwise in the government funds of other of any other registered society or registered branch of a society, as societies. may be provided in the rules of such first-named society or branch, without becoming a branch under the Friendly Societies Acts of such other society or branch. Forms of acknowledgment of 5. The acknowledgment of registry of a branch, and of any amendment of the rules of a branch, shall be in the forms provided registry for in the schedule to this Act. branches. 6. It is declared that the word "society " extends to a registered Term "sobranch in sub-sections (5) and (6) of section 13, sub-sections (2), (3), to include ciety" when and (4) of section 14, sub-sections (1) to (7), both included, (9) registered and (10) of section 15, sub-sections (1), (6), (7), (9), and (10) of branch. section 16, sections 17, 19, and 20, sub-sections (2) and (4) of section 21, sections 22, 26, 28, 30, 31, 32, and 33 of the principal Act. |