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Duchy of Cornwall Management (1863).

respect of the same Tenure, to the Use, Intent, and Purpose, &c. [complete the Reservation as in the Form of Conveyance on Sale in consideration of an annual Sum of Money, and state as directed in that Form the Particulars of any Restriction or Condition to which the Enfranchisement is to be subject], and subject thereto, to the Use of the said his

Heirs or Assigns for ever [or to any other Use, as directed in the previous Form of Enfranchisement, adding a Covenant for Payment, as in the previous Form of Conveyance on Sale in consideration of an annual Sum of Money]. In witness whereof to these Presents the Seal of the Duchy of Cornwall hath been duly affixed and set, and the said hath affixed his Seal and subscribed his Name, the in the Year of our Lord

Day of

Form of Conveyance of any Land or Property on a Purchase by

the Duke of Cornwall.

KNOW all Men by these Presents that I, A.B. of, &c., in consideration of the Sum of paid to me [or into the Bank of England with the Privity of the Accountant General of the Court of Chancery, as the Case may be], under the Provisions of "The Duchy of Cornwall Management Act, 1863," do by these Presents, by virtue of the said Act, grant and convey unto [here insert the Titles of the Possessor for the Time being of the Duchy of Cornwall, as previously directed], his Heirs and Successors, all [here describe either by Reference or in Detail the Property purchased], together with [insert general Words applicable to the particular Description of Property], to hold the Premises hereby granted, or expressed so to be, unto [here insert the short descriptive Title of such Possessor] his Heirs and Successors for ever, as Parcel of the Possessions of the Duchy of Cornwall, [or if the Purchase is of a Rent Right of Common or other Incorporeal Hereditament, or Right intended to be extinguished in the Place of the Habendum, insert to the Intent that the said, here insert the Particulars of the Subject Matter, shall cease and be extinguished, and the said describe shortly the Premises which the same is charged upon or extends over, be absolutely freed and for ever discharged from the same, here insert any qualifying Words which the Circumstances of the Case may require, and Covenants for Title or other Covenants]. In witness whereof, I, the said A.B., have hereunto set my Hand and Seal this

Year of our Lord

Day of

in the

Form of Receipt for Purchase Money where not paid into Court

to be endorsed.

RECEIVED on the Day of the Date of the within-written Deed being the Consideration Money

the Sum of
therein expressed to be paid to me,

Witness, C.D.

A.B.

Form

Duchy of Cornwall Management (1863).

Form of Grant of Annuity on the Surrender of an outstanding Estate to be charged upon the Premises surrendered.

Day of

THIS Indenture made the between A.B. of &c. of the one Part, and [insert the Titles of the Possessor for the Time being of the Duchy of Cornwall as preriously directed] of the other Part: Whereas [here insert such Recitals as may be requisite to show the Particulars of the Property proposed to be surrendered, and the Circumstances of the Tenure] Now this Indenture witnesseth that, in consideration of the Annuity or yearly Rentcharge or Sum of

intended to be hereby secured, and upon the Acceptance of [inserting the short descriptive Title of such Possessor] testified by the Seal of the Duchy of Cornwall being hereto affixed, the said A.B. doth by these Presents surrender and yield up unto [inserting the short descriptive Title as before] all and singular [here describe either by Reference or in Detail the Premises to be surrendered or granted], and all the Estate, Right, Title, Interest, Benefit, Property, Claim, and Demand whatsoever of him the said A.B. in, to, out of, or upon the same Premises, and every Part thereof, to the End and Intent that [describe shortly the Nature of the Estate or Interest to be surrendered] may merge in the Reversion, Freehold, and Inheritance of the Premises, and be thereby extinguished [here insert the necessary Covenants for Title]; and this Indenture further witnesseth, and in consideration of the Premises [here insert the short descriptive Title as before], pursuant to the Provision in this Behalf contained in "The Duchy of Cornwall Management Act, 1863," doth hereby give and grant unto the said A.B. One Annuity or clear yearly Rentcharge or Sum of of lawful Money of the

United Kingdom, to be payable and paid for and during [here state the Period for which the Annuity is intended to be granted] and to be charged and chargeable upon and yearly issuing and payable out of the [here describe by Reference or in Detail the Premises intended to be charged with the Annuity], to have, hold, receive, and take the said Annuity or yearly Rentcharge or Sum of unto the said A.B. and his Assigns for and during [state shortly the Period of Duration of the Annuity], to be paid and payable at the common Dining Hall of the Middle Temple in the City of London by Two equal half-yearly Payments, (that is to say,) on the Day of in every Year, without

Day of

and the any Deduction or Abatement in respect of Land Tax or any other Taxes, Charges, Assessments, or Impositions whatsoever (except the Property or Income Tax), the first half-yearly Payment of the said Annuity or yearly Rentcharge or Sum of

to be made on the

said

Day of

18 [and if the Annuity is granted for any Period depending on Life add, if the shall be then living. And if the said Annuity or yearly Rentcharge shall determine before the said or subsequently on any Day other than One of the said half-yearly Days of Payment, a proportionate

Day of

25 & 26 Vict. c. 97.

Extension of

Time for making, &c. Byelaws.

Notice to be given for calling First Meeting of

District Boards.

As to reading of Sect. 33. of

recited Act.

Power to Com-
missioners to
extend the
Limits of the

Mouth of the
River Tweed.

Duchy of Cornwall Management (1863).

portionate Part thereof to be paid for the Period which shall have elapsed of the then current Half Year, and add a Covenant for Proof from Time to Time of the Existence of the Life on which the Annuity depends]. In witness whereof to these Presents the Seal of the Duchy of Cornwall hath been affixed and set, and the said A.B. hath affixed his Seal and subscribed his Name.

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CA P. L.

An Act to continue the Powers of the Commissioners under
the Salmon Fisheries (Scotland) Act until the First Day
of January One thousand eight hundred and sixty-five, and
to amend the said Act.
[13th July 1863.]
W HEREAS an Act was passed in the Twenty-fifth and

Twenty-sixth Years of the Reign of Her present Majesty, 'intituled An Act to regulate and amend the Law respecting 'the Salmon Fisheries of Scotland; and in the Sixteenth Section thereof it is enacted, that "the Commissioners shall on or "before the First Day of January One thousand eight hundred "and sixty-four" determine certain Matters by Byelaws, and 6 report the same to the Secretary of State; and it is expedient that the Time so limited should be extended, and that the said 'Act should be amended: 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. The said Commissioners shall determine the said Matters specified in the said Sixteenth Section, by Byelaws under their Hands or the Hands of any Two of them, and shall report the same to the Secretary of State on or before the First Day of January One thousand eight hundred and sixty-five.

2. The Provision in the Eighteenth Section of the recited Act that "the Sheriff shall thereafter summon the First Meeting of such Board for such Day and such Place as he may fix" is hereby repealed; and on the Time and Place of the First Meeting of the District Board being fixed as provided by the Twentysecond Section of the recited Act, and intimated to the Sheriff Clerk, he shall give Notice of such Meeting as therein provided; and such First Meeting may be held at any Time within Twentyone Days after the First Election of the District Board under the recited Act, anything therein contained to the contrary notwithstanding.

3. The Thirty-third Section of the recited Act shall be read and construed as if the Words "Public General Act, Twenty"fourth and Twenty-fifth Victoria, Chapter One hundred and "nine," had been inserted therein instead of the Words "said Act."

4. It shall be lawful for the said Commissioners, on or before the First Day of January One thousand eight hundred and sixtyfour, by a Byelaw under their Hands, or the Hands of any Two of them, to be made, published, and approved in the Manner provided in the Fifteenth Section of the recited Act, to extend

the

Salmon Fisheries (Scotland) Act Continuance.

the Limits of the Mouth or Entrance of the River Tweed Northwards from the Limits thereof as defined in "The Tweed Fisheries Amendment Act, 1859," along the Sea Coast and into the Sea to such Points and to such Extent as they may fix; and from and after the Publication of such Byelaw in the Edinburgh Gazette, and in such further Mode as the Secretary of State may direct, the Enactments and Provisions of "The Tweed Fisheries Act, 1857," (with the Exception of the Fifty-fifth and Sixtieth Sections,) and of" The Tweed Fisheries Amendment Act, 1859," and the Tenth, Twelfth, and Twenty-seventh Sections of the recited Act, shall be applicable to and may be enforced within such extended Limits in the same Manner and to the same Effect as if such extended Limits had been included in the Mouth or Entrance of the River Tweed as defined in "The Tweed Fisheries Amendment Act, 1859 :" Provided, that the Rates or Assessments to be levied on and in respect of the Fisheries beyond the Limits of the Mouth of the River Tweed, as defined in "The Tweed Fisheries Amendment Act, 1859," and within the Limits as extended under any such Byelaw as aforesaid, shall not be applied in or towards the Payment or Discharge of any Debts or Obligations contracted by the Commissioners acting under "The Tweed Fisheries Act, 1857," previous to the passing of this Act.

CA P. LI.

An Act to amend the Passengers Act, 1855.

[13th July 1863.]

As to Application of certain Rates or As

sessments.

HEREAS it is expedient to amend "The Passengers Act, 18 & 19 Vict. 1855," in the Particulars herein-after mentioned: Be it c. 119.

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 Passengers Short Title. Act Amendment Act, 1863."

ment of Act.

Definition of "Passenger Ship" in recited Act repealed, and other Provisions made.

Section 3. of

2. This Act shall come into operation on the First Day of CommenceOctober One thousand eight hundred and sixty-three. 3. The Definition in the Third Section of "The Passengers Act, 1855," of the Term "Passenger Ship," is hereby repealed, and for the Purposes of the said Act and of this Act the Term "Passenger Ship" shall signify every Description of Sea-going Vessel, whether British or Foreign, carrying, upon any Voyage to which the Provisions of the said "Passengers Act, 1855," shall extend, more than Fifty Passengers, or a greater Number of Passengers than in the Proportion of One Statute Adult to every Thirty-three Tons of the registered Tonnage of such Ships, if propelled by Sails, or than One Statute Adult to every Twenty Tons, if propelled by Steam.

4. So much of the Fourth Section of the said "Passengers Mail Steamers Act, 1855," as exempts from the Operation of the Act any Steam carrying other than Cabin Vessel carrying Mails under Contract with the Government of Passengers to the State or Colony to which such Vessel may belong, is hereby be subject to

repealed, the Act.

Passengers Act Amendment.

Repeal of Tonnage Check on Number of Passengers to be carried in a PassengerShip.

Cabin Passengers to be in

cluded in Pas

senger Lists.

Limit of
Penalty on
Stowaways ex-

tended to 201.

Horses and
Cattle may be

carried in
Passenger
Ships, under
Conditions

herein named.

Definition of
the Term
"large Cattle."

repealed, and every Steam Vessel, whether British, Foreign, or
Colonial, which shall carry Passengers other than Cabin Passen←
gers in sufficient Number to bring such Vessel within the Defini-
tion of a Passenger Ship, as set forth in the Third Section of this
Act, shall be subject to the Provisions of the said Act and of this
Act in like Manner as any Passenger Ship not carrying a Mail.
5. The First Rule of the Fourteenth Section of the said
'Passengers Act, 1855," which limits the Number of Persons to
be carried in a Passenger Ship by her registered Tonnage, together
with so much of the concluding Portion of the same Section as
relates to such Rule, is hereby repealed, except so far as relates to
any Penalty incurred or legal Proceedings taken thereunder.

66

6. In the Passenger Lists required by the Sixteenth and Seventeenth Sections of "The Passengers Act, 1855," to be delivered by the Master of every Ship before demanding a Clearance, there shall be set forth, in addition to the other Particulars required by "The Passengers Act, 1855," the Names of all Cabin Passengers on board such Ships, specifying whether they respectively are under or over Twelve Years of Age, and at what Place the Passengers and Cabin Passengers respectively are to be landed, and the Schedule B. to the said Act shall be altered accordingly.

7. The Limit of the Penalty imposed by the Eighteenth Section of the said "Passengers Act, 1855," on Persons convicted of getting on board any Passenger Ship with Intent to obtain a Passage therein without the Consent of the Owner, Charterer, or Master thereof, and on Persons aiding or abetting in such fraudulent Attempt, shall be extended from Five Pounds to Twenty Pounds.

8. Notwithstanding the Prohibition contained in the Twentyninth Section of the said "Passengers Act, 1855," Horses and Cattle may be carried as Cargo in Passenger Ships, subject to the following Conditions:

(1.) That the Animals be not carried on any Deck below the
Deck on which Passengers are berthed, nor in any
Compartment in which Passengers are berthed, nor in
any adjoining Compartment, except in a Ship built of
Iron, and of which the Compartments are divided off by
Water-tight Bulkheads extending to the upper Deck:
(2.) That clear Space on the Spar or Weather Deck be left
for the Use and Exercise of the Passengers, at the Rate
of at least Ten Superficial Feet for each Statute Adult :
(3.) That no greater Number of Passengers be carried than in
the Proportion of Fifteen to every One hundred Tons of
the Ships registered Tonnage:

(4.) That in Passenger Ships of less than Five hundred Tons
registered Tonnage not more than Two Head of large
Cattle be carried, nor in Passenger Ships of larger
Tonnage more than One additional Head of such Cattle
for every additional Two hundred Tons of the Ships
registered Tonnage, nor more in all in any Passenger
Ship than Ten Head of such Cattle: The Term "large
Cattle" shall include both Sexes of horned Cattle, Deer,

Horses,

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