to and include every Gaol, Bridewell, House of Correction, Penitentiary, Lock-up House, or other House or Place in which Persons may be legally confined as Civil or Criminal Prisoners, having regard in each Case to the Nature of the Prison as declared and intimated by the Board, and to the Description of Prisoners in question; "Burgh" shall include and apply to the Cities, Burghs, and Towns which are Royal Burghs, or which send or contribute as Burghs to send a Member to Parliament; "Magistrates of Burghs" shall include the Lord Provost, or Provost or Chief Magistrate, and Magistrates and Council of Burghs; "Sheriff" shall include Sheriff Substitute and Stewart Substitute; "landward Part of a County" shall include and apply to a County exclusive of the Burghs situated therein; "Property," in landward Parts of Counties, shall extend to and include all Descriptions of Property valued in the Cess or Valuation Books of Counties; "Houses" shall extend to and include Dwelling Houses, Shops, Warehouses, Mills, and Manufactories; " Property," in Burghs, shall extend to and include Houses, Shops, Warehouses, Mills, Manufactories, Cellars, Gardens, Yards, and all Buildings and Pertinents thereof; "Civil Prisoner" shall include all Persons imprisoned for Civil Debt, or ad factum præstandum, or generally at the Instance of a Creditor for Performance of Civil Obligation; "Criminal Prisoner" shall include all other Descriptions of Prisoners; "Person" shall extend to a Body Politic, Corporate, or Collegiate; and every Word importing the Singular only shall extend to several Persons or Things as well as one Person or Thing; and every Word importing the Plural shall be applied to one Person or Thing as well as several Persons or Things; and every Word importing the Masculine Gender only shall extend to a Female as well as a Male. are at variance LXIV. And be it enacted, That from and after the First All Acts reDay of July One thousand eight hundred and forty all Laws, pealed which Statutes, and Usages shall be and the same are hereby repealed with this Act. in so far as they are at variance or inconsistent with the Provisions of this Act: Provided always, that the same shall continue in force in all other respects. Ten Years. LXV. And be it enacted, That, unless where otherwise Act to continue herein-before specially provided, this Act shall commence and in force for take effect from the passing thereof, and shall continue in force for the Period of Ten Years from and after the First Day of January One thousand eight hundred and forty-one, and from thence to the End of the then next Session of Parliament. LXVI. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed during the present Session of altered, &c. Parliament. General and Subdivision Meetings re lating to the Militia suspended. Proceedings may be had during such Order in Council. CAP. XLIII. An Act to suspend until the End of the next Session of WH HEREAS it is expedient to suspend for a further Period the making of Lists and the Ballots and Enrolments for the Militia of the United Kingdom: 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 all General and Subdivision Meetings relating to the Militia of the United Kingdom, and all Proceedings relating to the procuring any Returns or preparing or making out Lists for such Militia, or any Part thereof, or relating to the ballotting for or enrolling any Militia Men or Substitutes, or supplying any Vacancies in such Militia, shall cease and remain suspended until the End of the next Session of Parliament, any thing in any Act or Acts to the contrary notwithstanding. II. Provided always, and be it enacted, That it shall be lawful for Her Majesty by any Order in Council to direct that Suspension by any Proceedings shall be had at any Time before the Expiration of such Period as aforesaid, either for the giving of Notices and making Returns and preparing Lists, and also for the proceeding to ballot and enrol Men for the filling up Vacancies in the Militia of the United Kingdom or any Part thereof, as Her Majesty shall deem expedient; and upon the issuing of any such Order all such Proceedings shall be had for carrying into execution all the Provisions of the Acts in force in England, Scotland, and Ireland respectively relating to the giving Notices for and Returns of Lists, and for the ballotting and enrolling of Men to supply any Vacancies in the Militia, and holding General and Subdivision Meetings for such Purpose, at such Time respectively as shall be expressed in any such Order in Council, or by any Directions given in pursuance thereof to the Lord Lieutenants or Deputy Lieutenants acting for Lord Lieutenants of the several Counties, Shires, Ridings, Cities, and Places in Great Britain, or to the Governors and Deputy Governors of Counties and Places in Ireland, or to the Warden and Special Deputy Wardens of the Stannaries; and all the Provisions of the several Acts in force in England, Scotland, and Ireland respectively relating to the Militia and Corps of Miners of Cornwall and Devon shall, upon any such Order, and Direction given in pursuance thereof, become and be in full Force and be carried into execution at the Period specified in such Order or Direction as aforesaid, with all such Penalties and Forfeitures for any Neglect thereof, as fully as if such Periods had been fixed in the Acts relating to such Militia and Miners. III. And Act to extend to Wardens of to Corps of Stannaries and III. And be it enacted, That this Act, and all the Clauses, Provisions, Directions, and Authorities therein contained, shall be construed to extend to the Warden and Special Deputy Wardens of the Stannaries and Corps of Miners of Cornwall Miners. and Devon as fully as if they were respectively and severally repeated in every such Clause, Provision, Direction, and Authority. CAP. XLIV. An Act to prevent, until the End of the next Session of Parliament, Ships clearing out from a British North American Port loading any Part of their Cargo of Timber upon Deck. [17th August 1839.] WHEREAS great Loss of Life and severe Sufferings have been occasioned amongst the Crews of Ships and Vessels laden with Timber from British Ports in North America, from the Practice of having a Portion of the Cargo of such Ships stowed on or above Deck:' 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 it shall not be lawful for any Part of the Cargo of any Ships or Vessels wholly or in part laden with Timber, and clearing from any British Port in North America, between the First Day of September and the First Day of May, to be stowed or placed during any Part of the Voyage upon or above the Deck of such Ship or Vessel; and the Captain or Master of every Ship or Vessel so laden, and clearing from any British Port in North America between such Days, shall not be permitted to sail without first procuring a Certificate from the clearing Officer that all the Cargo is below Deck. No Part of Cargo of cerwith Timber to be placed on the Deck. tain Ships laden Penalty for placing Cargo on Deck, II. And be it enacted, That if any Captain, Owner, Supercargo, or other Person having the Command of any such Ship or Vessel shall so place, cause or permit to be so placed, any Part of the Cargo, every such Captain, Owner, Supercargo, or other Person so offending shall, for every such Offence, forfeit and pay any Sum not exceeding One hundred Pounds, to be recovered in like Manner as Penalties for Offences under an Act passed in the Fifth and Sixth Years of the Reign of King William the Fourth, intituled An Act to repeal an Act of the 5 & 6 W. 4. Ninth Year of His late Majesty, for regulating the Carriage of Passengers in Merchant Vessels from the United Kingdom to the British Possessions on the Continent and Islands of North America, and to make further Provision for regulating the Carriage of Passengers from the United Kingdom: Provided always, that nothing Proviso. herein contained shall extend to prevent the carrying upon Deck the necessary Store Spars for the Vessel's Use, or the Removal on Deck of a Portion of the Cargo of such Ship or Vessel in Cases where the same may be rendered necessary by the springing a Leak, or other Damage during the Voyage; c. 53. and Continuance of Act may be amended, &c. 5 & 6 W. 4. c. 50. and nothing in this Act shall apply to any Ship which may have cleared out from any Port in British North America before the First Day of September, or within Seven Days after Notice of this Act shall have been received at the Custom House of the respective Ports. III. And be it enacted, That this Act shall continue in force until the End of the next Session of Parliament. IV. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. CAP. XLV. An Act to amend an Act of the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth relating to Highways. [17th August 1839.] W HEREAS by an Act passed in the Session of Parliament holden in the Fifth and Sixth Years of the • Reign of His late Majesty King William the Fourth, intituled An Act to consolidate and amend the Laws relating to Highways in that Part of Great Britain called England, it is amongst other things by the said Act enacted, that whenever a Railroad shall cross any Highway for Carts or Carriages the Proprietors of the said Railroad shall make and maintain good and sufficient Gates at each of the said Crossings, and shall employ good and proper Persons to attend to the opening and shutting of such Gates, so that the Persons, Carts, or Carriages passing along such Road shall not be exposed to any Danger or Damage by the passing of any Carriages or Engines along the said Railroad, and any Complaint for any Neglect in respect of the said Gates shall be made within One Month after the said Neglect to One Justice, who may summon the Party so complained against to appear before the Justices at their next Special Sessions for the Highways, who 'shall hear and decide upon the said Complaint, and the Proprietor so offending shall forfeit any Sum not exceeding Five • Pounds: And whereas it is also by the said Act further ' enacted, that nothing in this Act contained shall apply to any Turnpike Roads, except where expressly mentioned, or to any Roads, Bridges, Carriageways, Cartways, Horseways, Bridleways, Footways, Causeways, Churchyards, or Pavements which now are or may hereafter be paved, repaired, 6 or cleansed, broken up or diverted, under or by virtue of the • Provisions of any Local or Personal Act or Acts of Parliament: And whereas it is deemed expedient to amend the said • Provisions in the said Act, and to extend the same to Turn'pike Roads in England: 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 wherever a Railroad crosses or shall hereafter cross cross any Turnpike Road or any Highway or Statute Labour Proprietors of Road for Carts or Carriages in Great Britain, the Proprietors Railroad to or Directors of the Company of Proprietors of the said Railroad where any Railshall make and maintain good and sufficient Gates across each road crosses the End of such Turnpike or other Road as aforesaid at each of Highways, &c. the said Crossings, and shall employ good and proper Persons to open and shut such Gates, so that the Persons, Carts, or Carriages passing along such Turnpike or Highway shall not be exposed to any Danger or Damage by the passing of any Carriages or Engines along the said Railroad; and any Complaint for any Neglect in respect of the said Gates shall be made within One Calendar Month after the said Neglect to any Justice of the Peace, or if in Scotland to the Sheriff of the County, who may summon the Party so complained against to appear before them or him at the next Petty Session or Court to be holden for the District or Division within which such Gates are situate, who shall hear and decide upon the said Complaint; and the Proprietor or Director so offending shall for each and every Day of such Neglect forfeit any Sum not exceeding Five Pounds, together with such Costs as to the Justices or Sheriff Depute aforesaid before whom the Conviction shall take place shall seem fit. Penalty 51. for each Day's Neglect. vered and II. And be it further enacted, That the Penalties by this How Penalties Act imposed, and the Costs to be allowed and ordered by the shall be recoAuthority of this Act, shall in England be recovered and applied applied. in the same Manner as any Penalties and Costs under the said Act, and in Scotland shall be recovered and applied to the Maintenance of the Statute Labour Roads within the District where the Offence is committed. III. And be it further enacted, That this Act shall com- Commencemence and take effect from and after the Thirtieth Day of ment of Act. September One thousand eight hundred and thirty-nine. CAP. XLVI. An Act to authorize the Trustees of Turnpike Roads to reduce the Scale of Tolls payable for Overweight. [17th August 1839.] WHEREAS by an Act passed in the Third Year of the Reign of His Majesty King George the Fourth, to ' amend the Laws for regulating Turnpike Roads, the Trustees or Commissioners of any Turnpike Road are authorized to cause Weighing Machines to be erected at any of the Turn'pike Gates under their Control, and by a Notice for that Purpose, to be given as in the said Act is directed, to order 'every Waggon or Carriage conveying Goods or Merchandize, and coming within One hundred Yards of such Machine, to 'be weighed: And whereas by the said recited Act, and by 'virtue of another Act passed in the Fourth Year of the Reign ' of His Majesty King George the Fourth, also passed for regu'lating Turnpike Roads, the Trustees and Commissioners of |