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the County of

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Registrar of Births and Deaths in the District of

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FORM (F.)

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Witness my Hand this

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One thousand eight hundred and
(Signed by Parent or Guardian of Child.)

[The Words in Italics and the Blanks for Words and Figures in the above Forms to be filled in as the

Case may be.]

CAP. XII.

An Act to abolish the Office of Secretary at War, and to transfer the Duties of that Office to One of Her Majesty's Principal Secretaries of State.

ABSTRACT OF THE ENACTMENTS.

(4th May 1863.)

1. After passing of this Act, office of Secretary at War abolished, and duties, &c. transferred to Secretary of State for War.

2. Monies, &c. standing in the name of Secretary at War transferred to the name of the Secretary of State for War. 3. Monies, &c. standing to the credit of the Accountant-General in Chancery on account of Secretary at War to be transferred to Secretary of State for War.

4. Orders, &c. to remain in force.

5. Short title.

By this Act,

After reciting that by various Acts of Parliament, and particularly by those mentioned and set forth

in the Schedule to this Act, various duties, powers, and authorities are given to and vested in and exerciseable by the Secretary at War and his deputy:

And that Her Majesty hath thought fit to appoint a principal Secretary of State for the War Department, and to transfer to him the administration of the department, the duties of which were previously executed by the said Secretary at War: And that it is expedient that the office of Secretary at War should be abolished, and that the several duties, powers, and authorities heretofore given to, vested in, and exercised by the said Secretary at War and his deputy under the said several Acts should be vested in and exerciseable by one of Her Majesty's principal Secretaries of State and an Under-Secretary respectively:

It is Enacted as follows:

1. That from and after the passing of this Act the office of Secretary at War shall be and the same is hereby abolished, but all the duties, powers, authorities, rights, and privileges whatsoever which by virtue of the said recited Acts or either of them, or of any other Act or Acts of Parliament, or of any other law, custom, or usage whatsoever, are at the time of the passing of this Act vested in or exercised or exerciseable by the Secretary at War shall henceforth continue in full force, and shall be and the same are hereby declared to be vested in and exerciseable by Her Majesty's principal Secretary of State for the time being to whom Her Majesty shall think fit to intrust the Seals of the War Department, and further that any such duties, powers, and authorities which by virtue as aforesaid a Deputy - Secretary at War might heretofore exercise shall hereafter be exercised or exerciseable by an Under-Secretary of State.

2. All monies, stocks, and securities standing in the name of the Secretary at War, either alone or in joint account with any other person or persons, in the books of the Governor and Company of the

Bank of England, shall, after the passing of this Act, be entered in or transferred to the name of Her Majesty's principal Secretary of State for the War Department, to a sole or joint account, as the nature of the case may be, and be subject to the same trusts and powers, and be held for the same ends, intents, and purposes, as the same were liable to before the passing of this Act; and the Governor and Company of the Bank of England, under instructions from the Commissioners of Her Majesty's Treasury, are hereby authorized and required to make the aforesaid alterations in their books.

3. All monies, stocks, or securities standing to the credit or in the name of the AccountantGeneral of the Court of Chancery in the books of the Governor and Company of the Bank of England, or of any other public company, and the dividends or interest on such stocks or securities, which are by any order of the Court of Chancery directed to be paid or transferred to the Secretary at War or Deputy-Secretary at War, shall, until the Court of Chancery shall otherwise order, be paid or transferred to Her Majesty's principal Secretary of State for the War Department, or to an UnderSecretary of State for the War Department for the time being.

4. All orders, regulations, and directions heretofore lawfully given or made by the Secretary at War or his deputy shall remain in full force, but the same shall hereafter be deemed to be the orders, regulations, and directions of one of Her Majesty's principal Secretaries of State, and be subject to alteration or revocation by one of such Secretaries accordingly.

5. This Act may be cited as "The Secretary at War Abolition Act, 1863."

THE SCHEDULE.

45 Geo. 3. c. 58.-An Act to repeal an Act, made in the Twenty-third Year of King George the Third, for the better Regulation of the Office of Paymaster General of His Majesty's Forces, and the more regular Payment of the Army; and for the more effectually regulating the said Office.

47 Geo. 3. (Sess. 2.) c. 25.-An Act for the more convenient Payment of Half Pay and Pensions, and other Allowances to Officers and Widows of Officers, and to Persons upon the Compassionate List.

48 Geo. 3. c. 128.- An Act to repeal so much of an Act passed in the Forty-fifth Year of George the Third, for regulating the Office of Paymaster General, as requires certain Accounts to be examined and settled within certain Periods by the Secretary at War, and enabling His Majesty to make Orders for examining and settling such Accounts.

51 Geo. 3. c. 103.-An Act to authorize the allowing Officers to retire on Half Pay or other Allowances under certain Restrictions.

52 Geo. 3. c. 151.-An Act to extend the Provisions of 51 Geo. 3. c. 103. relating to the Half Pay and Allowance of Officers retiring from Service; and to authorize the allowing to Foreign Officers wounded the like Pensions and Allowances as are given to British Officers under the like Circumstances.

53 Geo. 3. c. 81.-An Act to amend several Acts relating to the Militia, and to enlisting of the Militia into His Majesty's Regular Forces.

57 Geo. 3. c. 41.-An Act to repeal 54 Geo. 3. c. 151. and 55 Geo. 3. c. 170. relating to the Office of the Agent General, and for transferring the Duties of the said Office to the Offices of the Paymaster General aud Secretary at War.

58 Geo. 3. c. 73.-An Act for regulating the Payment of Regimental Debts, and the Distribution of the Effects of Officers and Soldiers dying in Service, and the Receipt of Sums due to Soldiers.

6 Geo. 4. c. 61.-An Act to amend 58 Geo. 3. c. 73. and 4 Geo. 4. c. 81. for regulating the Payment of Regimental Debts, and the Distribution of the Effects of Officers and Soldiers dying in Service, and the Receipt of Sums due to Soldiers; and for Punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East India Company.

7 Geo. 4. c. 16.-An Act to consolidate and amend several Acts relating to the Royal Hospitals for Soldiers at Chelsea and Kilmainham.

7 Geo. 4. c. 31.-An Act to amend 52 Geo. 3. c. 151. so far as the same relates to the Retired Allowances of Quartermasters of Cavalry and Infantry.

1 Will. 4. c. 41.-An Act to make further Regulations with respect to Army Pensions.

1 & 2 Vict. c. 89.-An Act respecting the Transfer of certain Funds to the Secretary at War and the Paymaster General.

5 & 6 Vict. c. 70.—An Act to amend the Laws relating to the Payment of Out-Pensioners of Chelsea Hospital.

6 & 7 Vict. c. 95.-An Act for rendering more effective the Services of such Out-Pensioners of Chelsea Hospital as shall be called out to assist in preserving the Public Peace.

7 & 8 Vict. c. 85.-An Act to attach certain Conditions to the Construction of future Railways authorized or to be authorized by any Act of the present or succeeding Sessions of Parliament: and for other Purposes in relation to Railways.

10 Vict. c. 21.-An Act to regulate the Stations of Soldiers during Parliamentary Elections.

11 & 12 Vict. c. 55.-An Act for consolidating the Offices of Paymasters of Exchequer Bills and Paymaster of Civil Services with the Office of Paymaster General, and for making other Provisions in regard to the consolidated Offices.

15 & 16 Vict. c. 50.-An Act to consolidate and amend the Laws relating to the Militia in England.

17 & 18 Vict. c. 105.-An Act to amend the Laws relating to the Militia in England and Wales.

19 Vict. c. 15.-An Act for further regulating the Payment of the Out-Pensioners of Greenwich and Chelsea Hospitals.

18 & 19 Vict. c. 123.-An Act to defray the Charge of the Pay, Clothing, and Contingent and other Expenses of the Disembodied Militia in Great Britain and Ireland; to grant Allowances in certain Cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, and Surgeons Mates of the Militia, and to authorize the Employment of the Non-commissioned Officers.

22 & 23 Vict. c. 20.-An Act to amend and consolidate the Laws relating to Military Savings Banks.

22 & 23 Vict. c. 38.-An Act further to amend the Laws relating to the Militia.

22 & 23 Vict. c. 42.-An Act to provide for the Establishment of a Reserve Force of Men, who have been in Her Majesty's Service.

23 & 24 Vict. c. 94.-An Act to amend the Laws relating to the Militia.

23 & 24 Vict. c. 152.—An Act to facilitate Internal Communication in Ireland by means of Tramroads or Tramways.

25 Vict. c. 5.-An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.

And Rules and Articles of War made under such last-mentioned Act.

CAP. XIII.

An Act for the Protection of certain Garden or Ornamental Grounds in Cities and Boroughs. (4th May 1863.)

ABSTRACT OF THE ENACTMENTS.

1. Gardens in squares, &c. of fifty years' standing may be freed from neglect, encroachments, &c., and invested in the Metropolitan Board of Works or other corporate authority; or vested in a committee of rated inhabitants.

2. Protection of open spaces from encroachment.

3. Expenses how to be defrayed.

4. By-laws for management of garden, &c.

5. Penalty for injuring garden.

6. Certain provisions of 18 & 19 Vict. c. 120. to be incorporated with this Act, and to apply to penalties, &c. imposed by this Act.-11 & 12 Vict. c. 43, also to apply.

7. Act not to extend to property of the Crown or to property under the management of the Commissioners of Works, &c. 8. Extent of Act.

By this Act,

After reciting that it is expedient to make provision for the better protection and charge of

inclosed garden or ornamental grounds which have been set apart for the use of the inhabitants of any public square, crescent, circus, street, or other

public place surrounding or adjoining such gardens or grounds in any city or borough:

It is Enacted as follows:

1. Where in any city or borough any inclosed garden or ornamental ground has been set apart otherwise than by the revocable permission of the owner thereof in any public square, crescent, circus, street, or other public place, for the use or enjoyment of the inhabitants thereof, and where the trustees, Commissioners, or other body appointed for the care of the same have neglected to keep it in proper order, or where such garden or ground has not been vested in or placed under the management of any trustees, Commissioners, or other body for the care of the same, and from the want of such care, or from any other cause, has been neglected, the Metropolitan Board of Works, where the same is in any place under their jurisdiction, except the city of London (where the provisions of this Act shall be carried into effect by the corporation of the said city), and the corporate authorities in any other city or borough, shall take charge of the same, putting up a notice or notices to that effect in such garden or ornamental ground, and if after due inquiry the person entitled to any estate of freehold in the same cannot be found, or if it shall be vested in any person by whom it is held, subject to any condition or reservation for keeping the same as and for a garden or pleasure ground, or that the same shall not be built upon, but not otherwise, shall cause any buildings or other encroachment made therein within the period of twenty years before the passing of this Act to be removed, and (if requested by a majority of two-thirds of the owners and of the occupiers of the houses surrounding the same) shall vest such garden or ornamental ground in a committee consisting of not more than nine nor fewer than three of the rated inhabitants of such houses to be chosen annually by such inhabitants, in order that the same may be kept as a garden or ornamental ground for the use of such inhabitants; and the vestry or board of any and every parish or district within which the same or any part thereof is situate shall from time to time cause to be raised the sums required by such committee for defraying the expenses of the maintenance and management of such inclosed garden or ornamental ground, or of such part thereof as is situate within their parish or district, by an addition to the general rate to be assessed on the occupiers of such houses; or if the said owners and occupiers shall not agree as aforesaid to undertake the charge of such garden or ornamental ground, the Metropolitan Board of Works or corporate authority aforesaid shall, within six months after the notice herein before mentioned shall have been put up within the same, or within such further time as the said Board or authority may think it expedient to allow for such agreement to be come to, vest the same in such vestries or boards, who shall thenceforth take charge of and maintain the same as an open place or street in such manner VOL. XLI.-STAT.

Bulk
: wilk & Mot holok. 3. L.R. 2B.94.

as shall appear to them most advantageous to the public, subject to the approval of the Metropolitan Board of Works or corporate authority, as the case may require; saving and always reserving to every person and persons, his and their heirs, executors, administrators, and assigns, all such estate, right, title, and interest as he, she, or they would or ought to have had and enjoyed of, in, to, from, or out of the gardens and grounds aforesaid in case this Act had not passed.

2. And whereas it is expedient that the same should be carefully protected from undue encroachment, where any right to require that any garden or ornamental ground as aforesaid be kept and maintained as such, or that the same shall not be built upon, shall belong to any person in right of any house or other property, and he shall by notice in writing signed by him addressed to the Metropolitan Board of Works where the same is in any place under their jurisdiction, except the city of London, where the same shall be addressed to the corporation of the said city, or to the corporate authorities in any other city or borough, requesting the said Metropolitan Board of Works or corporate authority to protect the right before mentioned, the said Metropolitan Board of Works or corporate authority, after due inquiry, may, if they shall think fit, accede to such request, and then and thereupon the right of such person to require that such garden or ornamental ground to be maintained as such, or that the same shall not be built upon, shall thenceforth be vested in such Metropolitan Board of Works or corporate authority, who shall be fully empowered, for and in their own name, to exercise all the rights, powers, and privileges in relation thereto, and take such legal proceedings for asserting, defending and protecting the same, as the said person might have exercised

or taken.

3. Any charge incurred by the Metropolitan Board of Works in the execution of this Act shall be deemed to be expenses of the said Board for payment whereof provision is made by the Act for the better local Management of the Metropolis; and the expenses incurred by any corporate authority shall be deemed to be expenses necessarily incurred by them in carrying into execution within and for their city or borough the Act intituled 'An Act to provide for the Regulation of Municipal Corporations in England and Wales,' and any other Act amending the same.

4. Where any such garden or ground is managed by any committee of the inhabitants of any square, crescent, circus, street, or place, such committee may make, and from time to time revoke and alter, by-laws for the management of the same, and for the preservation of the trees, shrubs, plants, flowers, rails, fences, seats, summer-houses, and other things therein, which by-laws shall be entered in a book kept for that purpose by the committee, signed

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by the chairman of the meeting at which the same shall be passed, and which book shall and may be produced and read, and taken as evidence of such by-laws, in all Courts whatever, and any inhabitant or servant, or other person admitted to such garden by any inhabitant, offending against the same, after they shall have been duly allowed, as hereinafter provided, upon proof thereof before a magistrate acting for the district in which such garden is situate, shall be liable for each offence to a penalty not exceeding 5l.: Provided always, that such by-laws shall not come into operation until the same shall have been allowed by some Judge of one of the superior Courts, or by the Justices in Quarter Sessions; and it shall be incumbent on such Judge or Justices, on the request of such committee, to inquire into any by-laws tendered to them for that purpose, and to allow or disallow the same as they think meet.

5. Any police constable who shall see any person throwing any rubbish into any such garden, or trespassing therein, or getting over the railings or fence, or stealing or damaging the flowers or plants, or committing any nuisance therein, may apprehend such person, under the authority hereby given to him; and any person convicted before any magistrate acting for the district shall be liable for each and every offence aforesaid to a penalty not exceeding 40s., or to imprisonment for any period not exceeding fourteen days; and in case it shall be necessary to state in any proceedings the ownership of the property of such garden,

flowers, or plants, it shall be sufficient to describe the same as the property of the committee by the name of A.B. and others.

6. The provisions contained in the 225th, 226th, 227th, and 228th sections of the Act, 18 & 19 Vict. c. 120, shall be incorporated in this Act, and shall apply to any penalty or forfeiture imposed by this Act, or any by-law made in pursuance thereof, in and for every matter or thing done or omitted to be done within the Metropolitan District; and the Act, 11 & 12 Vict. c. 43, shall apply to every penalty or forfeiture imposed by this Act, or any by-law made in pursuance thereof, for any matter or thing done or omitted to be done within any other part of England and Wales.

7. Nothing in this Act shall extend to or include any garden, ornamental ground, or other land belonging to Her Majesty in right of her Crown or of her Duchy of Lancaster, or any garden, ornamental ground, or other land for the time being under the management of the Commissioners for the time being of Her Majesty's Works and Public Buildings, or of the Commissioners for the time being acting under the Crown Estate Paving Act, 1851, or to any garden, ornamental or other ground, for which special provision is made for the due care and protection thereof by any public or private Act of Parliament.

8. Nothing in this Act shall extend to Scotland or Ireland.

CAP. XIV.

An Act to amend the Law relating to Post Office Savings Banks.

ABSTRACT OF THE ENACTMENTS.

(4th May 1863.)

1. As to transfer of accounts of minors.

2. On closing of savings banks, funds, &c. to be paid over to Commissioners for Reduction of National Debt.— Receipt of trustees on sale of property to be a discharge to a purchaser.-Security to purchasers.

3. Provision when trustees have determined on closing savings banks.

4. As to conversion of annuities.

5. Power to appoint managers to sign transfer certificates.

6. Warrants to be laid before Parliament.

By this Act,

After reciting that it is expedient to amend the law relating to Post Office Savings Banks; to provide for the relief of the trustees where savings banks have been or shall be closed; and to make further provision in respect to the investment of the monies of Post Office Savings Banks:

It therefore is Enacted as follows:

1. In the case of the accounts of minors, or of accounts standing in the names of a minor and

any other party, either in a Post Office Savings Bank or in a savings bank established under the laws relating to savings banks, the PostmasterGeneral in the one case, and the trustees of the savings bank in the other, on the application in writing of the parent or other relative of the minor if under seven years of age, and of the minor himself if above that age, and also of the other party, if any, in whose name the account may stand, shall issue a certificate for the transfer of such account, and of all money standing to the credit of such account, according to the provisions of the Act,

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