road from entering upon the Railway, and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses, cattle, carts or carriages shall have passed through the same, and for every neglect the said Company shall forfeit and pay any sum not less than Twenty shillings and not more than Ten pounds, in the discretion of Two Justices of the Peace acting for any of the counties of Northumberland, Durham, Cumberland, or the town of Newcastle-upon-Tyne, such penalties to be recovered within Ten days after each such neglect, in like manner and with the like power of appeal as is enacted with respect to penalties in the said first-recited Act, and that the Company shall erect and permanently maintain a station or lodge at each of the said points; and in case the said Company shall not erect such station or lodge within Twelve months after the passing of this Act, at such points of crossing upon the said Railways already made under the authority of the said recited Acts or any of them, and on or before the opening of the parts of the said Railways by this Act authorized to be inade, then the said Company shall forfeit and pay a sum of One thousand pounds in each case, which may be recovered by any person suing for the same, by action in any of Her Majesty's Courts of Record at Westminster, with full costs of suit: Provided always, That it shall be lawful for the Board of Trade, in any case in which they are satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road should be kept closed across the Railway, to order that such gates shall be kept so closed instead of across the road, and in such case, such gates shall be kept constantly closed across the Railway, except when engines or carriages passing along the Railway shall have occasion to cross such road, in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road.

25 June 1846.-10 VICT.

Α

BIL L

To continue certain of the Provisions of an Act of the Fifth and Sixth Year of Her present Majesty, for amending the Constitution of the Government of Newfoundland.

[Note.-The Words printed in Italics are proposed to be inserted in the Committee.]

HEREAS by an Act passed in the fifth and sixth year of Preamble. the reign of Her Majesty, for amending the Constitution of the Government of Newfoundland, divers powers and authorities were for that purpose vested in Her Majesty, and it was thereby provided 5 that no change which should be made in the Constitution of the said Island under the said Act should continue for a longer time than the First day of September One thousand eight hundred and Forty-six, unless Parliament should otherwise order:

And whereas by virtue of the provision last aforesaid the changes 10 made in the Constitution of the said Island under the said Act will cease to be in force upon and from and after the First day of September now next ensuing, when the Constitution of the Government of Newfoundland, as it existed before the passing of the said recited Act, will revive and again become in force within the said Island; and it 15 is expedient that after and notwithstanding such revival as aforesaid of the said Constitution, certain of the powers in Her Majesty vested in and by the said recited Act should continue to be vested in Her Majesty ;

BE it 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,

442.

and

1.

of Persons to

be elected Members of

the Assembly

land.

5

10

Qualification and by the Authority of the same, THAT from and after the said First day of September One thousand eight hundred and Forty-six, and notwithstanding the revival of the former Constitution of the of Newfound said Island, it shall be lawful for Her Majesty, in the manner and form mentioned in the said recited Act, and subject to the provisions therein contained, to establish a qualification in respect of income or property in right of which any person may be thereafter elected to serve as a Member of the Assembly of the said Island, and to fix and determine the length of the period of residence within any electoral district within the said Island which shall be required in addition to any other qualification for voting at elections within such district, or for being elected to serve as a Member of the Assembly, such period not extending beyond the period of Two Years next preceding any such election; and that it shall also be lawful for Her Majesty, in manner aforesaid, to restrain the said Assembly from appropriating to the public service within the said Island any part of the public revenue thereof, in cases where such services shall not have been previously recommended, or such grants of money shall not have been previously asked by or on behalf of Her Majesty; and that it shall also be lawful for Her Majesty, in manner aforesaid, to restrain and prohibit the election of 20 Members to serve in the said Assembly in different districts on successive or different days, and to require that all such elections shall be simultaneous, and shall be completed within a time to be limited.

2.

Commissions and instructions from Her

Majesty relating to Government

of Newfoundland, to be laid before Parliament.

3.

Not to affect
Act 3 Will. 4.

4. Act may be amended

And be it Enacted, That any future Commission to be hereafter issued for the government of Newfoundland, and any instructions under Her Majesty's Signet and Sign Manual accompanying or referred to in any such Commission, shall be laid before both Houses of Parliament within Thirty Days next after the date thereof, should Parliament then be in Session, or if not, then within Thirty Days next after the commencement of the then next Session of Parliament.

15

25

30

And be it Enacted, That nothing hereinbefore contained shall extend or be construed to extend to repeal or alter the provisions of an Act passed in the third year of the reign of his late Majesty King WILLIAM the Fourth, intituled "An Act to continue certain Acts relating to the Island of Newfoundland, and to provide for the Appro- 35 priation of all Duties which may hereafter be raised within the said Island."

And be it Enacted, That this Act may be amended or repealed by during present any Act to be passed during this Session of Parliament.

Session.