51 & 52 VICT. Cap. 25. name shall have been entered in a roll to be made and kept, and which is hereby authorised to be made and kept, by the commissioners. LII. Saving of powers conferred on commissioners and Board of Trade.— The powers and jurisdiction conferred by this Act on the commissioners or Board of Trade shall be in addition to and not in substitution for any powers and jurisdiction vested in the commissioners or Board of Trade by any statute. LIII. Proceedings of Board of Trade.-(1) All documents purporting to be rules, orders, or certificates made or issued by the Board of Trade, and to be sealed with the seal of the Board, or to be signed by a secretary or assistant secretary of the Board, or any person authorised in that behalf by the President of the Board, shall be received in evidence, and deemed to be such orders, rules, or certificates without further proof, unless the contrary is shown. (2) A certificate signed by the president of the Board of Trade that any order made, certificate issued, or act done, is the order, certificate, or act of the Board of Trade, shall be conclusive evidence of the fact so certified. LIV. Expenses of local authorities.-(1) Where any local authority having power under this Act to make or oppose any complaint to the commissioners, or the Board of Trade, or to enter into any agreement to pay the whole or a portion of the expenses of complying with an order of the commissioners or the Board of Trade, or to make any application for the abandonment or acquisition of a canal under this Act, incur any expenses in or incidental to such complaint, opposition, agreement, or application, such expenses may be defrayed out of the rates or funds out of which the expenses incurred by such authority in the execution of their ordinary duties are defrayed, and if such authority is a rural sanitary authority in England, shall be defrayed as general expenses, unless the Local Government Board direct that they shall be defrayed as special expenses. (2) A local authority may enter into any contract involving the payment by themselves and their successors of any expenses authorised by this section to be defrayed. (3) Where any such local authority have no power to borrow money for the purpose of defraying any expenses authorised by this section, such authority, if other than a surveyor of highways, may, with the consent of the Board of Trade in the case of any harbour board or conservancy authority, and with the consent of the Local Government Board in the case of any other authority, borrow money in manner provided by The Local Loans Act, 1875, on the security of the rates or funds out of which the expenses are authorised to be defrayed, and the prescribed period for the loan shall be such period as the Board giving such consent may approve. (4) On the request of any board whose consent is required for such loan, the Board of Trade or commissioners shall certify such particulars respecting the amount of the said expenses and the propriety of incurring the same and of borrowing for the payment thereof as may be requested by such board. (5) In Ireland, any authority borrowing in pursuance of this section may borrow in manner provided by The Public Health (Ireland) Act, 1878, in like manner as if the provisions of that Act with respect to borrowing were re-enacted in this section, and in terms made applicable thereto. LV. Definitions.—In this Act, unless the context otherwise requires, Terms defined by The Regulation of Railways Act, 1873, have the meanings thereby assigned to them: The term " conservancy authority" means any persons who are otherwise than for private profit intrusted with the duty or invested with the power of conserving, maintaining, or improving the navigation of any tidal or inland water or navigation: The term "harbour board" means any persons who are otherwise than for private profit intrusted with the duty or invested with the power of constructing, improving, managing, regulating, and maintaining a harbour, whether natural or artificial, or any dock: The term "Lord Chancellor" means the Lord High Chancellor of Great Britain: The term "undue preference" includes an undue preference, or an undue or unreasonable prejudice or disadvantage, in any respect, in favour of or against any person or particular class of persons or any particular description of traffic: The term "terminal charges" includes charges in respect of stations, sidings, wharfs, depots, warehouses, cranes, and other similar matters, and of any services rendered thereat: The term "merchandise" includes goods, cattle, live-stock, and animals of all descriptions: The term "trader" includes any person sending, receiving, or desiring to The term "home," in relation to merchandise, includes the United The term "rating appeal" means an appeal against any valuation list or The term "Summary Jurisdiction Acts" in Scotland means The Summary The term "superior court" means, as regards England, the High Court of The term "superior court of Appeal" means, as regards England, her The term "rules of court" means, as regards Scotland, Acts of Sederunt. In the application of this Act to Ireland, the expression "council of a borough," includes town or township commissioners, and any reference to justices in quarter sessions shall be construed to refer to a grand jury; and any reference to the Local Government Board or to an urban or rural sanitary authority, shall be construed to refer to the Local Government Board for Ireland, and to an urban or rural sanitary authority in Ireland. LVI. Commencement of Act.-This Act shall come into operation on the first day of January one thousand eight hundred and eighty-nine, which day is in this Act referred to as the commencement of this Act: provided that at any time after the passing of this Act any appointment and rules may be made, and other things done for the purpose of bringing this Act into operation at such commencement. LVII. Pending business.-Subject to general rules to be made under this Act, all proceedings which, at the commencement of this Act, under The Regulation of Railways Act, 1873, and Acts amending it or under any other Acts, are pending before the railway commissioners, shall be transferred to the Railway and Canal Commission under this Act, and may thereupon be continued and concluded in all respects as if such proceedings had been originally instituted before that Commission. 1888. 51 & 52 VICT. Cap. 25. LVIII. Transfer of pending business from superior courts.-Every action or proceeding which might have been brought before the railway commissioners if this Act had been in force at the time when such action or proceeding was begun, and is at the commencement of this Act pending before any superior court, may, upon the application of either party, be transferred by any judge of such superior court to the railway and canal commissioners under this Act, and may thereupon be continued and concluded in all respects as if such action or proceeding had been originally instituted before that Commission provided that no such transfer, nor anything herein contained, shall vary or affect the rights or liabilities of any party to such action or proceeding.1 1 See Cal. R. C. v. Cross (1889), 16 R. 584. LIX. Repeal. (1) The enactments mentioned in the schedule to this Act are hereby repealed to the extent therein specified. (2) The repeal effected by this Act shall not affect— (a) Anything done or suffered before the commencement of this Act under any enactment repealed by this Act, or the expiration of any office which would otherwise have expired by virtue of any enactment repealed by this Act; nor (b) Any right or privilege acquired, or duty imposed, or liability or disqualification incurred, under any enactment so repealed; nor (c) Any fine, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed or to be committed against any enactment so repealed; nor (d) The institution or continuance of any proceeding or other remedy, whether under any enactment so repealed, or otherwise, for ascertaining or enforcing any such liability or disqualification, or enforcing or recovering any such fine, forfeiture, or punishment as aforesaid. SCHEDULE. ACTS REPEALED. Note.-A description or citation in this schedule of a portion of an Act is inclusive of the words, section, or other part first and last mentioned, or otherwise referred to as forming the beginning or as forming the end of the portion described in the description or citation. Extent of Repeal Section four and section five. Section sixteen, paragraph two, from "The provisions of" to the end of the section. Section three, from "The term 'superior court to the end of the section, section four, section eleven, section twelve, section thirteen, section twenty-one, section twenty-two, section twenty-three, section twenty-four, section twenty-five, section twenty-six from the words "The commissioners may review" to the end of the section, section twenty-eight, section twenty-nine, section thirty-four, and section thirty-seven. Section eight, from "and shall continue in force" to "expiration." THE NATIONAL DEFENCE ACT, 1888.-51 & 52 VICT. CAP. 31. AN ACT TO MAKE BETTER PROVISION RESPECTING NATIONAL DEFENCE.[13th August 1888.] Preamble. 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: I. Short title. This Act may be cited as "The National Defence Act, 1888." [Sections 2 and 3 deal with the calling out for actual military service of the yeomanry and naval artillery volunteer corps.] IV. Power of Government, on occasion of national danger, or great emergency, to have precedence in traffic of railway.-(1) Whenever an order for the embodiment of the militia is in force, it shall be lawful for her Majesty the Queen, by order signified under the hand of a Secretary of State, to declare that it is expedient for the public service that traffic for naval and military purposes shall have on the railways in the United Kingdom, or such of them as is mentioned in the order, precedence over other traffic. (2) When any such order is in force as respects a railway, an officer of any part of her Majesty's naval or military forces acting under the authority. of a Secretary of State or the Admiralty may, by warrant under his hand addressed to the railway company working that railway, require that such traffic as may be specified in the warrant shall be received and forwarded on the railway in priority to any other traffic, and the company shall comply with such warrant, and shall, so far as may be necessary, suspend the receiving and forwarding of all other traffic on such railway. (3) If a director of or person employed by a railway company refuses or fails to comply with the exigency of the warrant, or obstructs the carrying thereof into effect, he shall be liable on summary conviction to a fine not exceeding fifty pounds, and any such officer as aforesaid may take such means as seem to him necessary for carrying (and if need be, by force) the warrant into effect. (4) A warrant issued in pursuance of this section shall not be in force for more than one month after the date thereof unless renewed. (5) An order made by her Majesty in pursuance of this section may be revoked by her Majesty at any time, and upon the militia being ordered to be disembodied shall cease to operate. (6) There shall be paid, out of moneys provided by Parliament, to a railway company required to receive and forward traffic in pursuance of this section, such reasonable remuneration as may be agreed upon, or in default of agreement may be determined by arbitration. (7) If any person suffers any loss by reason of anything done under the authority of a Secretary of State or the Admiralty in pursuance of this section, he may petition the Secretary of State or the Admiralty for compensation, and the Secretary of State or Admiralty may pay out of moneys provided by Parliament such reasonable compensation as may seem just; but no such compensation shall be paid in respect of any loss arising under a contract which was made subsequently to the date of an order under this section, or which, though made before, might have been determined subsequently to that date. 1888. 51 & 52 VICT. Cap. 31. (8) For the purposes of this section The expression "Secretary of State" means one of her Majesty's Principal Secretaries of State; and The expression "Admiralty" means the commissioners for executing the office of Lord High Admiral; and The expression "railway" includes any tramway, whether worked by animal or mechanical power, or partly in one way and partly in the other; and The expression "person" includes any person or body of persons, corporate or unincorporate; and The expression "railway company" means any person as above defined who as owner or lessee of a railway or otherwise is actually engaged in working a railway; and The expression "traffic" includes persons, animals, goods, and things of every description which are ordinarily carried, or are required by virtue of this Act to be received and forwarded, on a railway. V. Amendment of 44 & 45 Vict. c. 58, sec. 115, as to supply of carriages and vessels in case of emergency.-Whereas by section one hundred and fifteen of The Army Act, 1881, provision is made for the issue of a requisition of emergency requiring justices of the peace to issue their warrants for the provision of carriages, animals, and vessels; and whereas it is expedient to extend the said section: Be it therefore enacted as follows:: There shall be added at the end of section one hundred and fifteen of The Army Act, 1881, the following sub-sections as sub-sections seven and eight thereof, that is to say : (7) Whenever an order for the embodiment of the militia is in force, the |