East India Irrigation and Canal Company. the Secretary of State in Council of India or the supreme or any of the local governments of India, or to any body or person: The obtaining of all powers, the entering into all contracts, and the doing of all things expedient for or incidental, necessary, or conducive to the attainment of those purposes or any or either of them, either by the company alone, or jointly with any other company, or in conjunction with the Secretary of State in Council, or the supreme or any of the local or native governments of India, or any other body or person; with a proviso that only such of the purposes aforesaid should be carried into operation as should be agreed on between the company and the Secretary of State in Council, or the supreme or any of the local governments of India : And whereas by agreement with the Secretary of State in Council the company undertook the execution of a scheme of works for irrigation, navigation, and supply of water and other purposes in the districts and deltas of the rivers Mahanuddy, Byturny, and Brahmany, in the province of Orissa, and their affluents, and a main irrigation and navigable canal to connect those works with Calcutta, with subsidiary channels necessary to irrigate and accommodate with means of water transport the lands of the districts through which the main canal would pass, which scheme of works is known as the Orissa undertaking: And whereas by The East India Irrigation and Canal Act, 1866, provision was made to the effect that the Orissa undertaking should be deemed a separate undertaking of the company, and that the capital then already issued by the company should be appropriated for the purposes of that undertaking, and, with all further capital which the company might thereafter issue for that undertaking, should be called the Orissa capital, and should be kept separate and distinct from the other capital of the company, and that the income to be derived from the outlay of that capital should be kept separate and distinct from the other income of the company: And whereas by another agreement with the Secretary of State in Council the company undertook the execution of a scheme of works (similar in character to those of the Orissa undertaking) in the province of Behar, starting from the Soane river, and embracing territory between that river and Chunar on the one side, and Patna on the other side, which scheme of works is known as the Behar undertaking, but no capital has been created in respect of that undertaking: And whereas it having appeared to the Secretary of State in Council and to the company expedient that the company should transfer to the Secretary of State in Council the Orissa undertaking and the Behar undertaking, and all the rights and interests of the company therein respectively, agreements for such transfer have been made on the terms appearing in the three instruments described, in the schedule to this Act, and those instruments purport to carry into effect or to provide for such transfer; but doubts have been raised whether the company had power to enter Short title. Instruments described in schedule confirmed. Certain receipts to discharge Secretary of State from liabilities. Application of money paid for Orissa undertaking. Who to be holders. East India Irrigation and Canal Company. into the said agreements, and it is expedient that provision be made by authority of Parliament for the execution thereof: May it therefore please Your Majesty that it may be enacted; and 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 may be cited as The East India Irrigation and Canal Act, 1869. 2. The three several instruments described in the schedule to this Act (in this Act referred to as the scheduled instruments) are hereby confirmed as on and from their respective dates, and the same shall be, and shall as from those dates respectively be deemed to have been, valid as between the Secretary of State in Council and the company and binding on them respectively, and shall be carried into execution accordingly. 3. A receipt under the common seal of the company, countersigned by the secretary of the company, for any money payable by the Secretary of State in Council to the company or the directors thereof, under the scheduled instruments or any of them, shall effectually discharge the Secretary of State in Council from the money therein expressed to be received, and from all liability in respect thereof; and the Secretary of State in Council shall not be concerned to sec to the application or responsible for any loss or misapplication thereof. 4. The directors of the company shall hold all principal money by the first-mentioned of the scheduled instruments stipulated to be paid to them for and on behalf of the shareholders in the Orissa undertaking by the Secretary of State in Council, when the same is received by them, and all interest received by them in respect thereof from the Secretary of State in Council, on trust to distribute the same among the holders of shares or stock in the Orissa capital, their executors, administrators, or assigns, rateably according to the amounts paid on or in respect of their shares or stock. 5. The persons who appear in the books of the company to be deemed share proprietors of shares or stock in the Orissa capital shall, unless the contrary is proved to the satisfaction of the directors of the company, be considered to be holders of shares or stock in the Orissa capital for the purposes of the distribution of money in pursuance of this Act; and where any share in the Orissa capital has been declared forfeited by the company, but has not been sold, the same shall for the purposes of the scheduled instruments, but not further or otherwise, be deemed to have reverted as on the twenty-seventh day of November one thousand eight hundred and sixty-cight to the person to whom the same belonged at the time of forfeiture. Receipts of executors, &c. effectual discharges. 6. The receipt of an executor or administrator of a deceased holder of any share or stock in the Orissa capital, and the receipt of any person competent under the Acts relating to the company to give a discharge to the company for any money payable in respect of any such share or stock, shall be an effectual discharge to the company and to the directors thereof for any money pay East India Irrigation and Canal Company. able under this Act in respect of any such share or stock and in any such receipt expressed to be received, and shall exonerate the company and the directors thereof from any obligation affecting the share or stock in respect of which such money is paid, or in anywise relating to that money. 7. On receipt by the several holders of shares or stock in the Discontinuance Orissa capital of their respective proportions of the money dis- of Orissa tributable among them under the scheduled instruments or any of capital. them, those several shareholders or stockholders (except such of them as are for the time being acting as members of a committee for executing any resolution passed by the company before the passing of this Act under or in contemplation of the scheduled instruments or any of them) shall respectively cease to be members of the company as holders of such shares or stock, and the shares or stock held by them shall be deemed to be extinguished, and the Orissa capital shall be reduced accordingly; and as soon as all money received by the directors of the company in respect of the Orissa undertaking under the scheduled instruments or any of them has been distributed in manner directed by the scheduled instruments or any of them or by this Act, and the affairs of the Orissa undertaking have been wound up, then by virtue of this Act the Orissa undertaking shall cease to be part of the undertaking of the company, and the Orissa capital shall cease to exist, and the holders of shares or stock therein, excepted as aforesaid, shall cease to be as such members of the company, and as from the passing of this Act so much of the nominal Orissa capital as is not subscribed for shall be deemed to be extinguished. The SCHEDULE to which the foregoing Act refers. 1. Articles of agreement dated the 30th day of November 1868, made between the Secretary of State in Council of the one part and the company of the other part, being under the hands and seals of William Urquhart Arbuthnot and Sir Robert Montgomery, K.C.B., G.C.S.I., two members of the Council of India, on behalf of the Secretary of State in Council, and under the seal of the company. 2. An Indenture dated the 21st day of December 1868, made between the company of the one part and the Secretary of State in Council of the other part, being under the seal of the company, and under the hands and seals of William Urquhart Arbuthnot and Sir Robert Montgomery, K.C.B., G.C.S.I., two members of the Council of India, on behalf of the Secretary of State in Council. 3. Articles of agreement dated the 21st day of December 1868, indorsed on the first-mentioned articles of agreement, and made between the same parties as those articles, being under the hands and seals of William Urquhart Arbuthnot and Sir Robert Montgomery, K.C.B., G.C.S.I., two members of the Council of India, on behalf of the Secretary of State in Council, and under the seal of the company. c. 114. Consolidated Fund (£17,100,000). CHAP. 8. An Act to apply the sum of seventeen million one hundred thousand pounds out of the Consolidated Fund to the service of the year ending the thirty-first day of March one thousand eight hundred and seventy. [13th May 1869.] CHAP. 9. An Act to amend The Salmon Fishery (Ireland) Act, 1863, and the Acts continuing the temporary provisions of the [13th May 1869.] same. 26 & 27 Vict. WHEREAS by The Salmon Fishery (Ireland) Act, 1863, it was, amongst other, enacted, that the offices of the Special Commissioners for Irish Fisheries, appointed under the provisions of the said Act, and all powers, rights, and privileges pertaining thereto, should continue in force for two years only, and from thenceforth until the end of the next session of Parliament, and that on the determination of the office of the said special commissioners all powers and duties transferred to, vested in, or imposed on them by the said Act should be transferred to and vested in two permanent inspectors of fisheries, to be appointed by and to be subject to the control of the Lord Lieutenant of Ireland: Short title. Power to appoint two inspectors. And whereas by the several Acts mentioned in the schedule to this Act annexed the duration of the office of the said special commissioners was from time to time continued until the first day of August one thousand eight hundred and sixty-nine : And whereas Her Majesty, by warrant under the royal sign manual, bearing date the thirtieth day of January one thousand eight hundred and sixty-nine, did revoke and determine the appointment of the persons who then were "the Special Commissioners for Irish Fisheries: " And whereas doubts have arisen as to whether the power of appointing permanent inspectors of fisheries in the manner provided by the said Salmon Fishery (Ireland) Act, 1863, can now be exercised: And whereas it is expedient to remove such doubts, and also to amend The Salmon Fishery (Ireland) Act, 1863, and the Acts continuing the temporary provisions of the same : 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, as follows: 1. This Act may be cited for all purposes as The Salmon Fishery (Ireland) Act, 1869. 2. From and after the passing of this Act it shall be lawful for the Lord Lieutenant of Ireland to appoint two inspectors of fishe ries, notwithstanding anything in the said Salmon Fishery (Ireland) Act, 1863, and the Acts mentioned in the schedule to this Act annexed, to the contrary; and when any vacancy shall in any manner arise in the office of such inspector it shall be lawful for the Lord Lieutenant to appoint a person to fill such vacancy. Salmon Fisheries (Ireland). Colonial Prisoners Removal. 3. All powers and duties transferred to, vested in, or imposed Powers of comupon the said Special Commissioners under and by virtue of The missioners Salmon Fishery (Ireland) Act, 1863, shall be transferred to and transferred to inspectors. vested in the inspectors of fisheries appointed under this Act. Acts herein named. 4. In the construction of the said Salmon Fishery (Ireland) Construction Act, 1863, and the Acts to be construed therewith, the exemption of certain from compliance with the provisions of section seventy-six of the provisions of Act fifth and sixth Victoria, chapter one hundred and six, of owners, lessees, occupiers, and other persons in respect of watercourses, cuts, channels, or sluices, where such watercourses, cuts, channels, or sluices are constructed for the purpose of conveying water from any river frequented by salmon as a moving power for machinery, shall be deemed to extend and shall extend only to such cases in which and for such periods during which it shall be proved to the satisfaction of the said inspectors of fisheries that such exemption is necessary for the effective working of any such machinery. Lord Lieutenant, with 5. It shall be lawful for the Lord Lieutenant, with the approval of the Commissioners of Her Majesty's Treasury, to fix such consent of salaries as he may think fit for the inspectors appointed under this Treasury, to Act, and also, with the like approval, to appoint such additional fix salaries, &c. officers, clerks, and servants, at such salaries as he may think and appoint proper and necessary, and from time to time to dismiss such additional officers, clerks, and servants, and appoint others in their place. SCHEDULE. Expiring Laws Continuance Act, 1865. Expiring Laws Continuance Act, 1868. CHAP. 10. An Act for authorizing the Removal of Prisoners from one WHEREAS HEREAS it is expedient to amend the law relating to the removal of prisoners from one colony to another for the purposes of punishment : 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: officers. 1. This Act may be cited for all purposes as The Colonial Short title. Prisoners Removal Act, 1869. 2. For the purposes of this Act The term "colony" shall not include any place within the United Kingdom, the Isle of Man, or the Channel Islands, or within such territories as may for the time being be vested in Her Majesty by virtue of any Act of Parliament for the government of India, but shall include any plantation, terri Definition of terms: "Colony." |