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31st MAY, ANNO DOMINI 1859 ;
FROM THENCE CONTINUED,
BY SEVERAL PROROGATIONS,
7TH FEBRUARY, 1865.
6TH JULY, 1865.
CAP. I.-IRELAND. An Act to amend certain clerical Errors in the Civil Bill Courts Procedure Amendment Act (Ireland), 1864.
(3rd March 1865.)
ABSTRACT OF THE ENACTMENT.
Certain alterations herein named to be introduced in 27 & 28 Vict. c. 99.
By this Act,
It therefore is Enacted as follows:-
shall be substituted for the word "sixteenth": In paragraph 9, part 2 of Schedule B., the figures
"12" shall be substituted for the figures "11":
In paragraph 1, part 3 of Schedule B., the figures
"45" and “53” shall be respectively substi
tuted for the figures" 44" and "52" : In paragraph 2, part 3 of Schedule B., the figures
"50" shall be substituted for the figures "49": In paragraph 1, part 4 of Schedule B., the figures
"12" shall be substituted for the figures
"11": In paragraph 2, part 4 of Schedule B., the figures
«44" shall be substituted for the figures" 43"; and in paragraph 3, part 4 of Schedule B., the figures * 45” and “53” shall be respectively substituted for the figures"44" and " 52."
CAP. II.-IRELAND, An Act to extend the Powers now vested in Justices of the Peace to grant Licences to deal in Game to the Divisional Magistrates within the Police District of Dublin Metropolis.
(27th March 1865.)
ABSTRACT OF THE ENACTMENTS.
1. Powers to Justices to grant licences to deal in game extended to Magistrates of Police of Dublin.
By this Act,
by Justices of the Peace to deal in game, and to the After reciting that by an Act, 23 & 24 Vict. c. 90, holding of special sessions by said Justices in it is amongst other things enacted that all the pro- their respective divisions or districts for the purpose visions of two several Acts, 1 & 2 Will. 4. c. 32, and of granting such licences, shall, so far as is consistent 2 & 3 Vict. c. 35, relating to the granting of licences with the express provisions of the said first-recited VOL. XLIII.--STAT.
Act, extend to and be in full force and effect in and throughout the whole of the United Kingdom : And that it is expedient that within the police district of Dublin Metropolis, any two or more divisional Magistrates of Police should have the same powers of granting licences to deal in game as can be exercised by Justices at special sessions under the said Acts :
It is Enacted as follows:1. From and after the passing of this Act all the
powers vested in Justices of the Peace under the said recited Acts relating to the granting of licences to deal in game, may, within the police district of Dublin Metropolis, be exercised by any two or more divisional Magistrates of Police, and it shall be lawful for the said divisional Magistrates of Police, or any two or more of them, to grant said licences to deal in game.
2. This Act and the said recited Acts shall be construed together as one Act.
CAP. III. An Act for the Protection of Inventions and Designs exhibited at certain Indnstrial Exhibitions in the United Kingdom.
(27th March 1865.)
ABSTRACT OF THE ENACTMENTS.
1. Short title. 2. Power to Board of Trade to certify that certain industrial exhibitions are entitled to the benefit of this Act. 3. Exhibition of new inventions not to prejudice patent rights. 4. Exhibition of designs not to prejudice right to registration.
the whole time allowed and certified for the hold. By this Act,
ing of the same exhibition shall in no case exceed After reciting that exhibitions of objects of art the total period of six months; and every such and industry manufactured or contributed wholly exhibition so certified, if and so long as the same or in part by members of the industrious classes of shall be held at the place and within the time menHer Majesty's subjects have lately been held, and tioned in any such certificate, shall be deemed to may be from time to time hereafter held, in divers be an industrial exhibition entitled to the benefit parts of the United Kingdom ; and it is expedient of this Act. to encourage such exhibitions by granting to persons desirous of exhibiting at the same new inven- 3. The exhibition of any new invention at any tions or new designs such protection as is herein- industrial exhibition entitled to the benefit of this after mentioned :
Act shall not, nor shall the publication during the It is Enacted as follows:
period of the holding of such exhibition of any
description of such invention, nor shall the user of 1. This Act may be cited as the “Industrial such invention for the purposes of such exhibition, Exhibitions Act, 1865.”
and within the place where the same may be held,
or elsewhere by any person using the same during 2. It shall be lawful for the Lords of the Com- the period of such exhibition, without the privity mittee of Her Majesty's Privy Council for Trade and consent of the true and first inventor thereof, and Foreign Plantations, upon the application of prejudice the right of any person to register proany persons desirous of holding any such exhibi- visionally such invention, or invalidate any letters tion as aforesaid in any part of the United King- patent which may be granted for such invention. dom, to certify, if they shall think fit, that the exhibition so proposed to be held is in their judg- 4. The exhibition at any industrial exhibition ment calculated to promote British art and industry, entitled to the benefit of this Act of any new design and to prove beneficial to the industrious classes of capable of being registered provisionally under the Her Majesty's subjects, either generally or in or near “Designs Act, 1850,” or of any article to which the place where such exhibition is proposed to be such design is applied, shall not, nor shall the pubheld; and every such certificate shall mention the lication during the period of the holding of such place at which and the time during which such exhi- exhibition of any description of such design, prebition is proposed to be held ; and the time mentioned judice the right of any person to register, provisionin any such certificate may afterwards, if the Lords ally or otherwise, such design, or invalidate any of the said committee shall so think fit, be enlarged provisional or other registration which may be and extended by a further certificate, but so that granted for such design.
An Act to apply the Sum of One hundred and seventy-five thousand six hundred and fifty
Pounds out of the Consolidated Fund to the Service of the Year ending the Thirty-first Day of March One thousand eight hundred and sixty-five.
(27th March 1865.)
An Act for the Incorporation of the Territories of British Kaffraria with the Colony of the Cape of Good Hope.
(27th March 1865.)
ABSTRACT OF THE ENACTMENTS.
1. Short title. 2. “ Governor." 3. Incorporation of British Kaffraria with Cape of Good Hope by local legislatures. 4. Operation of this Act. 5. Additional members of assembly of Cape of Good Hope. 6. Electoral divisions in British Kaffraria. 7. Distribution of members and tenure of seats. 8. Governor of British Kaffraria to have powers of Governor of Cape as to elections. 9. Por elections to Legislative Council, British Kaffraria to be in Eastern districts. 10. Gocernor of British Kaffraria to make ordinances, &c. for defining electoral divisions. 11. Nothing to prevent Parliament of the Cape from altering ordinances, dc. 12. Proclamation of incorporation. 13. Continuance of powers of Governor of British Kaffraria till incorporation. 14. Continuance of laws of British Kaffraria after incorporation. 15. As to transfer of jurisdiction and authority of Supreme Court of Cape of Good Hope, dc. in civil and criminal
matters. 16. Continuance of electoral provisions after incorporation. 17. Sum to be paid out of revenue for defraying expenses as in Schedule. 18. As to revenue and debt of British Kaffraria.
By this Act,
after the date of such assent British Kaffraria shall After reciting that it is expedient that the terri- become incorporated with the Cape of Good Hope tories of British Kaffraria (hereafter in this Act on the terms of such provision, for all purposes called British Kaffraria) and the colony of the Cape whatever, as if British Kaffraria had always formed of Good Hope (hereafter in this Act called the part of the Cape of Good Hope. Cape of Good Hope) be united for all purposes of government and legislation:
4. The Governor of the Cape of Good Hope, if It therefore is Enacted as follows:
he thinks fit, may at any time before he has given
such assent declare by proclamation in the Govern1. This Act may be cited as The British Kaffra- ment Gazette of the colony, that the subsequent ria Act, 1865.
provisions of this Act shall take effect, and those
provisions shall accordingly take effect from the 2. In this Act the term “Governor” applied to date of such proclamation; but if such proclamathe Cape of Good Hope and to British Kaffraria tion is not made, then this Act shall operate as if respectively includes any officer for the time being the subsequent provisions of this Act, or any of lawfully administering the government thereof. them, had not been inserted in this Act.
3. If before such proclamation as next herein- 5. Four members shall be added to the number after mentioned is made the Parliament of the of the members of the House of Assembly of the Cape of Good
Hope makes provision for the incor- Cape of Good Hope (to which members so added poration of British Kaffraria with the Cape of the term “additional members of the House of Good Hope (which they are hereby empowered to Assembly" when hereafter used in this Act refers). do), and the Governor of the Cape of Good Hope as Governor of British Kaffraria assents to such 6. British Kaffraria shall be divided into two provision by an instrument under his hand and parts, which shall be electoral divisions within the under the seal of British Kaffraria, then from and meaning and for the purposes of the ordinance
constituting a Parliament for the Cape of Good time seems fit respecting any matter regulated by Hope (hereafter in this Act called the Constitution any of the foregoing provisions of this Act. Ordinance), in like manner and with the like effect in all respects) subject to the other provisions of 12. On the first election of the additional memthis Act) as if those electoral divisions had been bers of the House of Assembly being completed, expressly constituted and named as such in that the Governor of the Cape of Good Hope shall, by ordinance.
proclamation in the Government Gazette of the
colony, declare their names and the fact of their 7. Two of the additional members of the House election, and from and after the date of such proof Assembly shall be elected for each electoral clamation British Kaffraria shall become incorpodivision of British Kaffraria, and the additional rated with the Cape of Good Hope on the terms members shall hold their seats in the House of of this Act, for all purposes whatever, as if British Assembly for the same period and subject to Kaffraria had always formed part of the Cape of the same conditions as if they had been elected
Good Hope. under the provisions of the Constitution Ordinance.
13. Until the incorporation of British Kaffraria
with the Cape of Good Hope in consequence of 8. In relation to the first election of additional such proclamation (hereafter in this Act called the members of the House of Assembly the Governor Incorporation) takes effect, all powers and authoof British Kaffraria shall have all such powers and rities vested in or exercised by the Governor of authorities as the Governor of the Cape of Good British Kaffraria shall remain as if this Act had Hope has in relation to the election of members not been passed, and on the incorporation of those of the House of Assembly under the Constitution powers and authorities shall absolutely cease. Ordinance.
14. Until the Parliament of the Cape of Good 9. With respect to the election of members of Hope otherwise provides, all laws and customs the Legislative Council of the Cape of Good Hope, which at the time of the incorporation are in force the two electoral divisions of British Kaffraria in British Kaffraria shall continue in force there shall be comprised in and form part of the eastern after the incorporation. districts, within the meaning and for the purposes of the Constitution Ordinance, in like manner and 15. Until the Parliament of the Cape of Good with the like effect in all respects (subject to the Hope otherwise provides, the jurisdiction and other provisions of this Act) as if those electoral authority of the Supreme Court of the Cape of divisions had been expressly constituted part of Good Hope and of the Court of the eastern disthe eastern districts in that Ordinance.
tricts thereof shall from and after the incorporation
extend to British Kaffraria, as if British Kaffraria 10. For the purposes of voting in British Kaf- had always formed part of the Cape of Good Hope, fraria for members of the Legislative Council, and and were comprised in the eastern districts thereof; of the electing of the additional members of the and nothing in this Act shall discontinue or otherHouse of Assembly, the Governor of British Kaf- wise interfere with any suit or proceeding, civil or fraria shall make such ordinances and issue such criminal, pending at the time of the incorporation proclamations as seem to him necessary or proper in the Supreme Court of British Kaffraria, save for defining and naming the two electoral divi- only that on the incorporation all such suits and sions of British Kaffraria, and for regulating the proceedings shall, by virtue of this Act, stand registration of voters therein, and for appointing transferred to the Court of the eastern districts of returning officers, and fixing the times and places the Cape of Good Hope, and the same may be of voting and election, and generally for regulating carried on, tried, heard, and determined in and the conduct of such voting and electing ; but no by that Court, and an appeal shall lie therein from such ordinance or proclamation shall alter the that Court, in like manner as nearly as may be in qualification of the electors or elected as declared all respects as if they had been instituted or taken by the Constitution Ordinance ; and, subject to in that Court after the incorporation; nor shall such ordinances and proclamations, the voting in anything in this Act discontinue or otherwise British Kaffraria for members of the Legislative interfere with any appeal from the Supreme Court Council, and the electing of the additional mem- of British Kaffraria pending at the time of the bers of the House of Assembly, shall be conducted incorporation, and the same may be prosecuted, in like manner as if they were voted for and heard, and determined, and any judgment, decree, elected under the provisions of the Constitution or order therein may be made, executed, and Ordinance.
enforced, in like manner as nearly as may be in all
respects as if this Act had not been passed, save 11. Nothing in this Act shall prevent the Par- only that in relation to any such appeal, judgment, liament of the Cape of Good Hope from altering decree, or order, the Court of the eastern districts in any respect the Constitution Ordinance, or from of the Cape of Good Hope shall be substituted for making such provision as to them from time to the Supreme Court of British Kaffraria.