incurred shall for the purposes of this part of this Act relating Sec. 46 (4). to distressed seamen be deemed to be expenses incurred on behalf of the distressed seaman. Note.-The "proper authority" is defined by section 49 post. Sect. 47. If any question arises as to what return port a seaman is to be sent to in any case, or as to the route by which he should be sent, that question shall be decided by the proper authority, and, in deciding any question under this provision, the authority shall have regard both to the converience of the seaman and to the expense involved, and also, where that is the case, to the fact that a British ship which is in want of men to make up its complement is about to proceed to a proper return port. Note. The "proper authority" is defined by section 49 post. Decision of questions as to authority return by proper Sect. 49. For the purposes of this Part of this Act, unless Definitions of "proper the context otherwise requires,authority" and (1) The expression "proper authority" means— (a) as respects a place out of His Majesty's dominions, the British consular officer, or, if there is no such officer in the place, any two British merchants resident at or near the place, or, if there is only one British merchant so resident, that British merchant; and (b) as respects a place in a British possession— (i) in relation to the discharge or leaving behind of seamen or the payment of fines, a superintendent, or, in the absence of any such superintendent, the chief officer of customs at or near the place; and (ii) in relation to distressed seamen the governor of the possession, or any person acting under his authority; and (2) The expression "seamen " includes not only seamen as defined by the principal Act, but also apprentices to the sea service : seamen.' of references to Sect. 84. (1) In this Act the expression "principal Act" Construct on means the Merchant Shipping Act, 1894, and the expression Merchant "Merchant Shipping Acts" means the Merchant Shipping 57 58 Vict. Acts, 1894 to 1900, and this Act. Shipping Acts €. 6o. Sec. 84 (2). Short title and com mencement. (2) Any reference in this Act to any provision of the Merchant Shipping Acts, 1894 to 1900, which has been amended by any subsequent Act or is amended by this Act, shall be construed as a reference to the provision as SO amended. Sect. 86. (1) This Act may be cited as the Merchant Shipping Act, 1906, and shall be construed as one with the principal Act, and the Merchant Shipping Acts, 1894 to 1900, and this Act may be cited together as the Merchant Shipping Acts, 1894 to 1906. (2) This Act shall, save as otherwise expressly provided, come into operation on the first day of June nineteen hundred and seven. MUNICIPAL CORPORATIONS AMENDMENT [6 EDW, 7, CH. 12.] Short title Amendment 45 & 46 Vict C. 50, S. 12. An Act to amend the Municipal Corporations Act, 1882. [20th July, 1906.] BE it enacted by the King'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: Sect. I. This Act may be cited as the Municipal Corporations Amendment Act, 1906, and shall be read as one with the Municipal Corporations Act, 1882. Sect. 2. At the end of subsection (e) of section twelve of the Municipal Corporations Act, 1882, there shall, by virtue of this Act, be added the words "or any society registered under the Industrial and Provident Societies Acts, 1893 and 1895," and all other enactments having reference in any manner to the section aforesaid shall be read and have effect accordingly. Note. For a general explanation of this enactment, see extract from Circular below. The enactment applies not only to town and county councillors, but also to the mayor [Municipal Corporations Act (45 & 46 Vict. c. 50), s. 15 (1)], aldermen (s. 14 (3)), and elected auditors (s. 25 (2)) of a borough, and to the chairman and aldermen of a county council [Local Government Act, 1888 (51 & 52 Vict. c. 41), s. 75]. Sec. 2 EXTRACT FROM A CIRCULAR ADDRESSED TO COUNCILS OF COUNTIES AND Municipal Corporations Amendment Act, 1906. Under subsections (1) (c) and (2) (e) of section 12 of the Municipal Corporations Act, 1882 (which are made applicable with the necessary modifications to county councils by section 75 of the Local Government Act, 1888), a person is disqualified for being elected or for being a councillor, if and while he has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by, or on behalf of, the council; but a person is not to be so disqualified, or be deemed to have any share or interest in such a contract or employment, by reason only of his having any share or interest in, any railway company 66 or any company incorporated by Act of Parliament or Royal Charter, or under the Companies Act, 1862." The effect of the new Act, which is to be read as one with the Municipal Corporations Act, 1882, is to add after the words above quoted "or any Society registered under the Industrial and Provident Societies Acts, 1893 and 1895," and to provide that all enactments having reference in any manner to section 12 of the Act of 1882 shall be read and have effect accordingly. Section. OPEN SPACES ACT, 1906. ARRANGEMENT OF SECTIONS. I. Local authorities. 2. Local Authorities. Power to transfer Open Spaces and Burial Grounds to Local Authorities. Power of trustees under local Act to transfer open space to local authority or admit other persons to enjoyment thereof. 3. Transfer to local authority of spaces held by trustees for purposes of public recreation. 4. Transfer by charity trustees of open space to local authority. 5. 6. 7. Transfer to local authority by owners of open spaces subject to rights of user. Power of corporation, &c. to convey land for open space. 8. Special resolutions and consents. Powers of Local Authorities with respect to Open Spaces and Burial Ground:. 9. IO. II. 12 Special provisions as to management of burial grounds and removal of tombstones. Powers over open spaces and burial grounds already vested in local 13. Provision for compensation, 14. 15. 16. Power of county councils as to public walks or pleasure grounds. Power of local authorities to act jointly. 17. Expenses of local authorities. 18. Borrowing. An Act to consolidate Enactments relating to Open Spaces. [4th August, 1906.] BE it enacted by the King'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: Note. This Act came into operation 1st January, 1907 (s. 24). Reference should be made to section 20 for the meanings of "open space" and of other expressions used in the Act. There are certain savings in section 19. The scope of the Act is set out in a Circular of the Board of Agriculture and Fisheries, post. LOCAL AUTHORITIES. Sec. 1. Sect. I. Each of the following bodies shall be a local Local authoauthority for the purposes of this Act, namely The council of any county, of any municipal or metropolitan borough, or of any district : The common council of the city of London : Any parish council invested with the powers of this Act by an order of the council of the county within which the parish is situate. Notes. Generally the powers of parish councils to provide or acquire land for a recreation ground and for public walks (Local Government Act, 1894, s. 8 (1) (6)) and to make the bye-laws referred to in section 8 (1) (d) of that Act will be found amply sufficient; but for the purpose of acquiring and managing burial grounds and open spaces and lands held upon trust for public recreation or other charitable purposes by trustees and other persons and corporations under disability or possessing limited interests it may be necessary for a parish council to be invested with the powers of the Open Spaces Act, 1906. For the purposes of section 7 every parish council is a local authority without any order of the county council. Local authorities may act jointly (s. 16). As to the expenses of local authorities, see section 17; and as to borrowing by them, see section 18 post. POWER TO TRANSFER OPEN SPACES AND BURIAL GROUNDS Sect. 2.—(1) Where an open space is, in pursuance of a local or private Act of Parliament, placed under the care and management of trustees or other persons (in this section referred to as trustees), with a view to the preservation and regulation thereof as a garden or open space, the trustees may, in pursuance of a special resolution, and with the consent, signified by a special resolution, of the owners and occupiers of any houses which front upon the open space, or of which the owners and occupiers are liable to be specially rated for the maintenance of the open space,— Note.-As to the passing of special resolutions, see section 8 post. H rities. Power of trustees under local Act to transfer open space to local authority or admit other persons to enjoy. ment thereof. |