1 & 2 W. 4. c. 76. 1 & 2 Vict. c. 101. 8 & 9 Vict. c. 101. 14 & 15 Vict. c. 146. And whereas by the Acts herein-after mentioned, and herein- ' 6 6 2. An Act passed in the Session of Parliament holden in the First and Second Years of the Reign of Her present Majesty, Chapter One hundred and one, 'intituled An Act to continue for Seven Years an Act "for regulating the Vend and Delivery of Coals in London and Westminster, and in certain Parts of the adjacent Counties: 6 3. An Act passed in the Session of Parliament holden in the Session of the Eighth and Ninth Years of the Reign of Her said Majesty, intituled An Act to continue until the Fifth Day of July One thousand eight hundred and sixty-two the Acts for regulating the Vend and Delivery of Coals in London and Westminster, and in certain Parts of the adjacent Counties; and to alter and amend the said Acts: 4. An Act passed in the Session of Parliament holden in the Fourteenth and Fifteenth Years of the Reign of Her said Majesty, intituled An Act to amend the Acts relating to the Vend and Delivery of Coals in London and Westminster, and in certain Parts of the adjacent Counties; and to allow a Drawback on Coals conveyed beyond certain Limits: and which Acts are hereinafter referred to as the Coal Duties Acts, or some or One of such Acts, Two several Duties of One Penny and Twelvepence per Ton are authorized to be levied by the Corporation of London upon all Coals, Culm, and Cinders brought to any Place within the Port of London, or within the Cities of London and Westminster and the Borough of Southwark, or to any Place within the Distance of Twenty Miles from the General Post Office in the City of London, by any Railway already constructed or hereafter to be constructed, or by Inland Navigation, or by any other Means of Conveyance: And whereas it is apprehended that the Duty of Eightpence, Part of the said Duty of Twelvepence, will expire in the Year One thousand eight hundred and sixty-one, and the said Duty of One Penny in the Month of July One thousand eight hundred and sixty-two, unless Provision be made by Parliament for the Continuance of such Duties: And whereas it is expedient that the said Duties of Four Shillings on Wines and Twelvepence and One Penny on Coals, Culm, and Cinders should be continued ' for for a Period of Ten Years:' 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 above-mentioned Duty of Four Shillings a Tun on Continuation Wines shall continue and be levied in all respects in the same of Wine Manner as the same is now leviable until the Fifth Day of July One thousand eight hundred and seventy-two. Duties. 2. All Duties authorized by the Coal Duties Acts or any Continuance of them to be levied upon Coal, Culm, and Cinders shall of Coal Duties. continue and be levied in the same Manner in which the same are now leviable until the Fifth Day of July One thousand eight hundred and seventy-two, subject to the following Qualification; that, notwithstanding anything contained in the said Acts, no Duties shall be payable in respect of any Coal, Culm, or Cinders unless the same is contained in some Ship or Vessel arriving at her Moorings within some Part of the Port of London to the Westward of Gravesend, within the Limits of the Metropolitan Police District as defined by Act of Parliament, or be brought by Railway or by Inland Navigation, or by some other Mode of Conveyance within the said Limits of the Metropolitan Police District, including the Cities of London and Westminster. the London 3. After the passing of this Act the Expression "London Metropolitan District" used in the said recited Act of the Fourteenth and Police District Fifteenth Victoria, Chapter One hundred and forty-six, shall substituted for no longer have the Meaning assigned to it by that Act, but District. shall mean so much of the several Counties of Middlesex, Surrey, Kent, Herts, Essex, Bucks, and Berks as shall be situate within the Metropolitan Police District, and shall include the Cities of London and Westminster. ways, and 4. All the Directions, Powers, and Provisions in the said Commencerecited Act of the Fourteenth and Fifteenth Victoria, Chapter ment of MetroOne hundred and forty-six, with respect to Returns, Cer- District to be tificates, and Accounts, and to the Erection of Boxes and marked in Stations and Boundary Stones or Permanent Marks on the Canals, RailPoint of any Canal, Inland Navigation, or Railway, or any Roads. Turnpike or Public Road which shall be distant Twenty Miles from the General Post Office, and all other Matters and Things relating thereto, shall apply to Returns, Certificates, and Accounts, and to the Erection of Boxes and Stations and Boundary Stones or Permanent Marks on the Point where any Canal, Inland Navigation, or Railway, or any Turnpike or Public Road, first enters or comes within the Metropolitan Police District. 5. The Duty of One Penny per Ton on Coals, Culm, and Application Cinders shall from and after the passing of this Act, and the of Duties. said Duty of Four Shillings per Tun on Wines, and the Duty of Eightpence, Part of the said Duty of Twelvepence, on Coals, Culm, and Cinders, shall, from and after such Time as all Charges [No. 23. Price 2d.] Ꮓ Charges on the London Bridge Approaches Fund may be satisfied, be paid to an Account to be opened in the Name of the Lords Commissioners of Her Majesty's Treasury at the Bank of England, to be intituled "The Thames Embankment and Metropolis Improvement Fund," and such Fund shall be applied to the Improvement of the Metropolis in such Manner as may hereafter be determined by Parliament. Application 6. That the Nett Proceeds of the Duty of Fourpence, Part of the Duty of of the said Duty of Twelvepence, on Coal, Culm, and Cinders, 4d. to the Payment of the shall, from the Date of the passing of this Act, and during Interest and the Continuance thereof, be applied by the Mayor, Commonalty, Principal of and Citizens of the City of London, in the first instance, in Sums charged thereupon for Payment of the Interest and in Discharge of the Principal of Improvements. the following Sums raised by the said Mayor, Commonalty, and Citizens of the City of London, and charged by them upon the said Duty; viz., the Sums Three hundred thousand Pounds, Two hundred thousand Pounds, and Forty thousand Pounds, raised for making and improving Cannon Street in the City of London, and for effecting other Improvements in the said City, as authorized by the Acts of Parliament of the Tenth and Eleventh Victoria, Chapter Two hundred and eighty, Thirteenth and Fourteenth Victoria, Chapter Fifty-six, and the Fifteenth and Sixteenth Victoria, Chapter Seventy-two, and that an Account of the Receipt and Application of the said Duty be kept separate and distinct from the Accounts of the said Mayor, Commonalty, and Citizens, and that an Abstract of the said Account be annually laid by the Chamberlain of the said City before both Houses of Parliament, and that after discharging the said Sums and Interest the said Duty of Fourpence shall be applied by the said Corporation of London towards or in aid of such a public Improvement or Improvements in or adjacent to the City of London as Parliament shall hereafter sanction. Drawback upon Coals to continue to be allowed. Duty to be laid out and form an accu 7. There shall be allowed with respect to Coals brought within the Port of London or within the Metropolitan Police District, and afterwards conveyed to any Place beyond the Port of London or the Metropolitan Police District, a Drawback of the same Amount and upon the same Conditions as is allowed by the said recited Act of the Fourteenth and Fifteenth Years of the Reign of Her present Majesty, Chapter One hundred and forty-six, and the Coal Duties, London, &c., Drawback Act, 1857, or One of such Acts, in respect of the Coals therein mentioned, and the Lord Mayor, Aldermen, and Commons of the City of London in Common Council assembled shall have Power, with the Consent of the Board of Trade, to alter, vary, or dispense with any of the Forms in relation to the Drawback upon Coals contained in the said recited Act of the Fourteenth and Fifteenth Years of the Reign of Her present Majesty, Chapter One hundred and forty-six. 8. The Monies from Time to Time paid to the Account created by this Act shall, when received, be laid out and invested mulating Fund in the Purchase of Stock in some of the Public Stocks or Funds, or 6 or upon Government or Real Securities, at Interest, in the for ImproveName of the said Commissioners, and the said Commissioners ments till appropriated by shall from Time to Time lay out or invest the yearly Dividends Parliament. or Interest of the Stocks, Funds, and Securities so to be purchased in their Names on the Account aforesaid, in like Manner, for the Purpose of Accumulation in the meantime, until the said Fund is appropriated by Parliament to the Execution of Improvements in the Metropolis. of Improvement Funds. 9. All Monies, Stocks, Funds, and Securities standing to the Consolidation Account of the Metropolis Improvement Fund Account, created by the Act of the Session of the Eighth and Ninth Years of the Reign of Her present Majesty Queen Victoria, Chapter One hundred and one, shall from and after the passing of this Act, and all Monies, Stocks, Funds, and Securities standing to the Account of the London Bridge Approaches Fund shall, from and after such Time as all Charges on the said Funds may be satisfied, be carried to and form Part of the Thames Embankment and Metropolis Improvement Fund created by this Act, and the said London Bridge Approaches Fund shall thereupon cease and determine. above-men except as 10. Subject to the Provisions of this Act, the said Act of Continuance of the Session of the Fifth and Sixth Years of the Reign of King tioned Acts, William and Queen Mary, Chapter Ten, so far as relates to the levying of the said Wine Duties and the said Coal Duties Acts and all Matters therein contained, shall be continued until the Fifth Day of July One thousand eight hundred and seventytwo; and all the Provisions contained in the said Act of the Session of the First and Second Years of King William the Fourth, Chapter Seventy-six, to take effect at the End of Seven Years, therein mentioned, shall take effect as if the Fifth Day of July One thousand eight hundred and seventy-two had been inserted in the said last-mentioned Act instead of the said Term of Seven Years. 11. This Act may be cited for all Purposes as "The London Short Title. Coal and Wine Duties Continuance Act, 1861." CAP. XLIII. An Act to facilitate the Remedies on Bills of Exchange Exchange and Promissory Notes are often unjustly delayed and put to unnecessary Expense in recovering the Amount thereof by reason of frivolous or fictitious Defences <to Actions thereon, and it is expedient that greater Facilities 'than now exist should be given for the Recovery of Money due on such Bills and Notes:' 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 From and after 21st Oct. 1861 all Actions upon Bills of Exchange, &c. may, if Plaintiff desires to proceed under this Act, be in the Form prescribed by 16 & 17 Vict. c. 113., with Additions thereto, as present Parliament assembled, and by the Authority of the same, as follows: 1. From and after the Twenty-first Day of October One thousand eight hundred and sixty-one, all Actions upon Bills of Exchange or Promissory Notes commenced within Six Months after the same shall have become due and payable, in case the Plaintiff shall desire to proceed under this Act, may, be commenced as herein-after mentioned; that is to say, the Summons and Plaint shall be in the Form prescribed by the Common Law Procedure Amendment Act (Ireland), 1853; but, in addition thereto, and to any Particulars or Indorsements required by the said Act, such Summons and Plaint shall have at the Head thereof a Notice in the Form contained in the herein specified. Schedule (A.) to this Act annexed; and in any Case in which the Summons and Plaint shall be in such Form it shall not be lawful for the Defendant to file any Appearance or Defence to the said Action unless he shall obtain Leave from a Judge, as herein-after mentioned, so to appear and defend; and in default of his obtaining such Leave, or of Appearance and Defence in pursuance thereof, the Plaintiff shall be entitled to mark Judgment with Costs, in pursuance of the Provisions of the Common Law Procedure Amendment Act (Ireland), 1853, for any Sum not exceeding the Sum mentioned in the Notice at the Commencement of the Summons and Plaint. Defendant showing a Defence upon the Merits, to appear. 2. A Judge of any of the Superior Courts of Common Law in Ireland may, upon Application made within the Period of Twelve Days from such Service, or at any Time before have Leave to Judgment marked, give Leave to appear and defend such Action on the Defendant paying into Court the Sum claimed by the Summons and Plaint, or upon Affidavits satisfactory to the Judge, which disclose a legal or equitable Defence, or such Facts as would make it incumbent on the Holder to prove Consideration or such other Facts as the Judge may deem sufficient to support the Application, and on such Terms as to Security, or otherwise, as to the Judge may seem fit. Judge may, under special Circumstances, set aside Judgment. Judge may Court in cer- Recovery of Expenses of noting Nonac 3. After Judgment the Court or a Judge may, under special Circumstances, set aside the Judgment, and, if necessary, stay or set aside Execution, and may give Leave to appear and defend the Action, if it shall appear to be reasonable to the Court or Judge to do so, and on such Terms as to the Court or Judge may seem just. 4. In any Proceedings under this Act it shall be competent to the Court or a Judge to order the Bill or Note sought to be proceeded upon to be forthwith deposited with an Officer of the Court, and further to order that all Proceedings shall be stayed until the Plaintiff shall have given Security for the Costs thereof. 5. The Holder of every dishonored Bill of Exchange or Promissory Note shall have the same Remedies for the Recoceptance of dis- very of the Expenses incurred in noting the same for Nonacceptance or Nonpayment or otherwise, by reason of such honored Bill. Dishonor, |