the proposal in such application contained, or with such alterations therein as he may think fit; and it shall be lawful for him to authorize the persons by whom such application shall have been made, or any of them, or any other person or persons to be named or described by him in an order to be issued by him, to execute the proposed works, as the same shall have been allowed as aforesaid, within a time to be limited in such order; and such order shall specify or describe directly, or by reference to a plan thereunto annexed, the works thereby authorized to be executed; and the person or persons authorized in this behalf by such order, or the person or persons who shall be authorized by any supplementary order of the sheriff, shall have full power to execute the works in such order specified and authorized, according to the terms and intent of such order, and to maintain such works for ever thereafter, subject nevertheless to the provisions herein-after contained, and making compensation, to be ascertained in manner hereinafter mentioned, to all persons, for any damage occasioned to them by the exercise of the powers granted by such order, or any of them: Provided always, that no such order shall be made for allowing any works to be executed in any park, policy, garden, pleasure garden, or planted walk, or the avenue to any mansion house, without the consent in writing of the proprietor and occupier thereof, and that every such order of the sheriff shall be subject to review by the Court of Session according to the ordinary forms of law.

6. EXPENCES OF PROCEEDINGS IN CONSEQUENCE OF OBJECTIONS.-In the case of objections lodged before the sheriff the expences attending the proceedings which may take place in consequence of such objections shall be borne by the persons by whom the application is made, unless the sheriff shall decide that any objection is frivolous and vexatious, in which case it shall be in the power of the sheriff to award such part of the expences as he shall think just to be paid by the objector.

7. IF NO OBJECTIONS LODGED, SHERIFF MAY AUTHORIZE WORKS TO BE EXECUTED.Provided always, that if no objections shall be lodged as aforesaid the sheriff shall, if he shall think fit, authorize the works so applied for, or so much thereof as he shall think fit, to be executed according to the plan or description lodged with such application, or with and under such modifications and alterations as shall appear to him to be proper, under the inspection and superintendence of a competent person, to be appointed by him, and subject to the restrictions and exceptions herein-before contained.

8. PERSONS AUTHORIZED TO EXECUTE WORKS MAY ENTER UPON LANDS SPECIFIED IN SHERIFF'S ORDER.-It shall be lawful for any person authorized by the sheriff as aforesaid to enter in and upon any land specified in the order of the sheriff, not being a park, policy, garden, pleasure ground, or planted walk, or the avenue to any mansion house, and in terms of such order, but not otherwise, to widen, straighten, deepen, divert, scour, or cleanse any river, stream, ditch, drain, brook, pool, or watercourse, and to make, open, and cut any new watercourse, side-cut, ditch, or drain, and to make or erect any bank, dam, weir, sluice, flood gate, ditch, drain, tunnel, or other works. necessary or convenient for drainage: Provided always, that nothing herein contained shall interfere with or be held to supersede the present law authorizing and regulating the cleaning, scouring, and maintaining of streams and watercourses throughout their whole length by the different proprietors thereon, according to their respective rights and interests therein, and for recovering the expences thereby incurred.

9. OBSTRUCTIONS ON RIVERS, &C. PREVENTIng Drainage OUTFALLS MAY BE REMOVED —Proviso as to WORKING WATER POWER OF FACTORIES.-Where the drainage outfall of any lands is prevented or obstructed by the damming up of any river or stream by any weir, dam, sluice, or other obstruction, it shall be lawful for any person authorized by the sheriff as aforesaid, and in terms of his order, but not otherwise, to enter in and upon the lands where such weir, dam, sluice, or other obstruction is situated, except as herein-before excepted, and to remove, alter, lower, or otherwise interfere with the same, or with the watercourses connected therewith, as shall be necessary or convenient for the purposes of the outfall: Provided always, that where such weir, dam, sluice, or other obstruction is for the use of any factory or bleachwork, or of any mill, it shall not be lawful to diminish the actual working water power of such factory or bleach work, or of such mill, without the consent of the proprietor or occupier thereof, until a steam engine, or other engine or machinery of equal power, shall have been erected for the use of such factory, bleachwork, or mill, and full compensation paid to the proprietor and occupier thereof for the difference in the expence of using and maintaining such

steam power, or other power or machinery, as compared with the expence of the water power theretofore enjoyed by them respectively.

10. OBSTRUCTIONS NOT TO BE REMOVED TO INJURY OF SALMON FISHERIES-PROPRIETORS OF MILLS AFFECTED MAY REQUIRE THE SAME TO BE PURCHASED UNDER 8 & 9 VICT. c. 19, OR LOSS OF WATER-POWER TO BE SUPPLIED STEAM ENGINES NOT TO BE ERECTED SO AS TO BE NUISANCES TO HOUSES, WITHOUT CONSENT.-Provided always, that nothing herein contained shall authorize the removal of any obstruction in any river or stream so as to occasion injury to any salmon fishery; and that in all cases where it shall be necessary to remove any obstruction required for the supply of water to any mill, the proprietor of such mill shall be entitled to require of the person making the application as aforesaid to purchase such mill, and make full compensation therefor, in the manner directed by this and the said Lands Clauses Consolidation (Scotland) Act, 1845, or such proprietor may determine that the diminished supply of water power shall be compensated as herein before provided; and in such case he shall be entitled to decide whether such compensation shall be effected by steam power or by other machinery or power; and no steam engine shall be erected in or upon the bank of any river or stream in any situation in which the same shall be a nuisance or shall injure the amenity of any dwelling house, without the consent in writing of the proprietor of such river or stream, and of the owner and occupier of such dwelling house, first had and obtained thereto.

11. WATER SUPPLYING HOUSES, OR ORNAMENTAL WATER, NOT TO BE AFFECTED WITHOUT CONSENT.-No order of the sheriff under this Act shall authorize any work whereby any spring, brook, or stream supplying any mansion, house, or offices with water, or contributing to the amenity or ornament of any mansion, house, park, policy, garden, or pleasure ground, shall be diverted or affected, without the consent in writing of the several proprietors thereof.

12. NO ENTRY TO BE MADE ON LANDS WITHOUT CONSENT, UNTIL COMPENSATION IS PAID. -No entry shall be made on any land for the purpose of executing any of the works authorized as aforesaid, except with the consent in writing of the proprietors thereof, until the amount of compensation for the damage to be occasioned by such entry, and by the execution and maintenance of the works authorized as aforesaid, shall have been agreed upon or ascertained, as the case may be, and paid, under the provisions hereinafter contained.

13. INCORPORATION OF 8 & 9 VICT. c. 19.-The compensation to be paid for the damage or injury to any lands, property, or rights which may be entered upon, cut through, interfered with, or affected under any such order of the sheriff as aforesaid may be agreed upon with the persons and in the manner provided by the Lands Clauses Consolidation (Scotland) Act, 1845, with respect to the purchase of land otherwise than by agreement; and all the provisions of the Lands Clauses Consolidation (Scotland) Act, 1845, in so far as the same are not inconsistent with this Act, shall be incorporated with this Act, and shall apply thereto, and to the works and purchases to be authorized by the sheriff, in such and the same manner as if the works and purchases which shall be authorized by the sheriff had been set forth and authorised to be executed and made by this Act; and the persons making the application to the sheriff shall be deemed the promoters of the undertaking: Provided always, that in estimating the amount of any compensation to be paid as aforesaid it shall be lawful to take into account the benefit which in consequence of the operations authorized to be executed may accrue to the party claiming compensation, or to the lands, property, or rights proposed to be interfered with or affected.

14. POWER TO SHERIFF TO GIVE AUTHORITY TO ENTER UPON LANDS FOR THE PURPOSE OF MAINTAINING WORKS.-For the purpose of maintaining, repairing, and upholding in an efficient state any works authorized to be executed under the authority of this Act it shall be lawful for the sheriff, on the application of any person interested, to give authority to enter from time to time upon the lands where such works have been executed, and to perform such operations as may be necessary for maintaining, repairing, and upholding as aforesaid; and it shall be lawful for the sheriff to allocate the expence of such operations among the persons deriving benefit therefrom, in such proportions as to him shall seem just.

15. COPIES OF ORDERS OF SHERIFF AUTHORISING WORKS TO BE DEPOSITED.-Two copies of every order of the sheriff by which he shall authorize the execution of works under the provisions of this Act shall be made, and one such copy shall be deposited with S. S. R. III. 19

289

the sheriff clerk of the county in which that part of the lands, property, or rights authorized to be entered upon, cut through, interfered with, or affected most contigous to the lands proposed to be drained and improved shall be situated, who is hereby required to deposit and keep the same among the records of the said county, so that recourse may be had thereto by any person interested in the premises, and the other copy shall be deposited with the parish schoolmaster for the time being of the parish in which the said land, property, or rights shall be situated, to be kept by him and his successors in office with the public books, writings, and papers of the parish, or shall be deposited with such other fit persons as the sheriff shall approve; and all persons interested therein may have access to and be furnished with copies of or extracts from any such copy, on giving reasonable notice to the person having custody of the same, and on payment of two shillings and sixpence for such inspection, and after the rate of threepence for every seventy-two words contained in such copy or extract; and all such copies of and extracts from any such copy of any such order as aforesaid as shall be furnished by the sheriff clerk shall be signed by the sheriff clerk, purporting the same to be a true copy or extract; and every such copy and extract, so signed, shall be received in evidence without further proof thereof.

16. SAVING AS TO FORESHORE, &c. WITHOUT CONSENT OF ADMIRALTY, COMMISSIONERS OF WOODS, &c.-Provided always, that it shall not be lawful for any person acting or pretending to act under this Act to make or construct, alter or extend, on the shore of the sea, or of any creek, bay, or arm of the sea, or any navigable river communicating therewith, where and so far up the same as the tide flows, any work which might not have been lawfully made or constructed in case this Act had not been passed, without the previous consent of the Lord High Admiral of the United Kingdom of Great Britain and Ireland, or the Commissioners for executing the office of Lord High Admiral of the United Kingdom aforesaid, for the time being, to be signified in writing under the hand of the Secretary of the Admiralty, and then only according to such plan and under such restrictions and regulations as the said Lord High Admiral, or Commissioners for executing the office of Lord High Admiral aforesaid, may approve of, such approval being signified as last aforesaid; and if any such work shall be commenced or completed contrary to the provisions of this Act, it shall be lawful for the said Lord High Admiral, or the Commissioners for executing the office of Lord High Admiral aforesaid, at his or their discretion, to abate and to remove the same, and to restore the site thereof to its former condition, at the cost of the person or of any one or more of the persons by whom the same shall have been so commenced or completed; and nothing herein contained shall authorize or enable any person acting or pretending to act under this Act to make or construct any work affecting any navigable river or canal, or any river within the provisions of any Act of Parliament, without the consent of the trustees or proprietors of such river or canal, and of her Majesty's Commissioners of Woods, or to use or occupy land between high or low water mark, without the consent of her Majesty's Commissioners of Woods.

17. INTERPRETATION OF TERMS.-In the construction of this Act (except where the nature of the provision or the context of the Act is repugnant to such construction) "the sheriff" shall mean the sheriff or his substitute; and the word "plan" shall extend to drawings and sections; and the word "river" shall extend to all rivers, rivulets, lakes, canals, streams, and estuaries; and the word "person" and the word "proprietor" shall extend to the Queen's Majesty, and to all bodies politic, corporate, or collegiate; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the plural number shall extend and be applied to one person or thing as well as several persons or things; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.

[S. 18 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

11 & 12 VICTORIA, 1848.

CHAPTER XII.

THE TREASON FELONY ACT, 1848 (Short Titles Act, 1896).

AN ACT for the better Security of the Crown and Government of the United Kingdom. [22d April 1848.]

Whereas by the Treason Act, 1795, it was among other things enacted, that if any person or persons whatsoever, after the day of the passing of that Act, during the natural life of his said Majesty, and until the end of the next session of Parliament after the demise of the crown, should, within the realm or without, compass, imagine, invent, devise, or intend death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the person of his said Majesty, his heirs or successors, or to deprive or depose him or them from the style, honour, or kingly name of the imperial crown of this realm or of any other of his said Majesty's dominions or countries, or to levy war against his said Majesty, his heirs and successors, within this realm, in order, by force or constraint, to compel him or them to change his or their measures or counsels, or in order to put any force or constraint upon or to intimidate or overawe both Houses or either House of Parliament, or to move or stir any foreigner or stranger with force to invade this realm or any other of his said Majesty's dominions or countries under the obeisance of his said Majesty, his heirs and successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them, should express, utter, or declare, by publishing any printing or writing, or by any overt act or deed, being legally convicted thereof, upon the oaths of two lawful and credible witnesses, upon trial, or otherwise convicted or attainted by due course of law, then every such person or persons so as aforesaid offending should be deemed, declared, and adjudged to be a traitor and traitors, and should suffer pains of death, and also lose and forfeit as in cases of high treason: And whereas by the Treason Act, 1817, all the herein-before recited provisions of the Treason Act, 1795, which relate to the heirs and successors of his said Majesty, the Sovereigns of these realms, were made perpetual:

Preamble in part rep. 54 & 55 Vict. c. 67 (S.L.R.).

[S. 1 (repealing provisions of 36 Geo. 3, c. 7, and provisions of 57 Geo. 3, c. 6, relating thereto, save such of them as relate to the compassing, imagining, inventing, devising, or intending death or destruction or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the person of the heirs and successors of his said Majesty King George the Third, and the expressing, uttering, or declaring of such compassings, imaginations, inventions, devices, or intentions, or any of them) rep. 38 & 39 Vict. c. 66 (S.L.R.).]

2. CERTAIN PROVISIONS OF 36 GEO. 3, c. 7, EXTENDED TO IRELAND.-Such of the said recited provisions made perpetual by the Treason Act, 1817, as are not hereby repealed shall extend to and be in force in that part of the United Kingdom called Ireland.

3. OFFENCES HEREIN MENTIONED DECLARED TO BE FELONIES.-If any person whatsoever shall, within the United Kingdom or without, compass, imagine, invent, devise, or intend to deprive or depose our Most Gracious Lady the Queen, from the style. honour, or royal name of the imperial crown of the United Kingdom, or of any other of her Majesty's dominions and countries, or to levy war against her Majesty, within any part of the United Kingdom, in order by force or constraint to compel her to change her measures or counsels, or in order to put any force or constraint upon or in order to intimidate or overawe both Houses or either House of Parliament, or to move or stir any foreigner or stranger with force to invade the United Kingdom or any other of her Majesty's dominions or countries under the obeisance of her Majesty, and such compassings, imaginations, inventions, devises, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by any overt act or deed, every person so offending shall be guilty of felony, and being convicted thereof

shall be liable, natural life,

to be transported beyond the seas for the term of his or her

S. 3 in part rep. 54 & 55 Vict. c. 67 (S. L. R.), and 55 & 56 Vict. c. 19 (S.L.R.).

[S. 4 rep. 54 & 55 Vict. c. 67 (S.L.R.).]

5. IN INDICTMENTS, ANY NUMBER OF OVERT ACTS MAY BE CHARGED.—It shall be lawful, in any indictment for any felony under this Act, to charge against the offender any number of the matters, acts, or deeds by which such compassings, imaginations, inventions, devices, or intentions as aforesaid, or any of them, shall have been expressed, uttered, or declared.

6. SAVING AS TO 25 EDW. 3, STAT. 5, c. 2.-Provided always, that nothing herein contained shall lessen the force of or in any manner affect anything enacted by the Treason Act, 1351.

7. INDICTMENTS FOR FELONY VALID, THOUGH THE FACTS MAY AMOUNT TO TREASON.— Provided also, that if the facts or matters alleged in an indictment for any felony under this Act shall amount in law to treason, such indictment shall not by reason thereof be deemed void, erroneous, or defective; and if the facts or matters proved on the trial of any person indicted for any felony under this Act shall amount in law to treason, such person shall not by reason thereof be entitled to be acquitted of such felony; but no person tried for such felony shall be afterwards prosecuted for treason upon the same facts. 8. PUNISHMENT OF PRINCIPALS IN THE SECOND DEGREE AND ACCESSORIES.-In the case of every felony punishable under this Act, every principal in the second degree and every accessory before the fact shall be punishable in the same manner as the principal in the first degree is by this Act punishable; and every accessory after the fact to any such felony shall on conviction be liable to be imprisoned, with or without hard labour, for any term not exceeding two years.

9. PERSONS COMMITTED FOR TRIAL IN SCOTLAND FOR OFFENCES UNDER THIS ACT NOT BAILABLE, EXCEPT AS PROVIDED BY 5 & 6 WILL. 4, c. 73-TRIAL TO TAKE PLACE IN TERMS OF SCOTS ACT OF 1701.-Provided always, that no person committed for trial in Scotland for any offence under this Act shall be entitled to insist on liberation on bail, unless with consent of the public prosecutor, or by warrant of the High Court or Circuit Court of Justiciary, in such and the like manner and to the same effect as is provided by an Act passed in the session of Parliament holden in the fifth and sixth years of the reign of his Majesty King George1 the Fourth, intituled "An Act to provide that persons accused of forgery in Scotland shall not be "entitled to bail unless in certain cases"; but the trial of any person so committed, and whether liberated on bail or not, shall in all cases be proceeded with and brought to a conclusion under the like certification and conditions as if intimation to fix a diet for trial had been made to the public prosecutor in terms of an Act passed in the Scottish Parliament in the year one thousand seven hundred and one, intituled "An Act for preventing wrongous imprisonment, and against undue delays in trials."

10. NO COSTS ALLOWED IN PROSECUTIONS UNDER THIS ACT.-It shall not be lawful for any court before which any person shall be prosecuted or tried for any felony under this Act to order payment to the prosecutor or the witnesses of any costs which shall be incurred in preferring or prosecuting any such indictment.

[S. 11 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

CHAPTER XXX.

THE HARES (SCOTLAND) ACT, 1848 (Short Titles Act, 1896).

AN ACT to enable all Persons having at present a Right to kill Hares in Scotland to do so themselves, or by Persons authorized by them, without being required to take out a Game Certificate. [22d July 1848.]

[Preamble recites 3 & 4 Vict. c. 17.]

1. ANY PERSON HAVING A RIGHT TO KILL HARES MAY DO SO, OR AUTHORIZE OTHERS TO DO SO, WITHOUT GAME CERTIFICATE. It shall be lawful for any person having at