28 VICT. C. 27. take any portion of the said petitioner's property for the purposes of the bill shall be liable to any costs in respect of his opposition to such bill.

Costs to be taxed.

Powers of taxingofficer.

Recovery of costs when taxed.

III. On application made to the taxing-officer of the House by such promoters or petitioners, or by their solicitors or parliamentary agents, not later than six calendar months after the report of such committee, and in cases where no sum shall have been named by the committee, with the consent of the parties affected, not until one month after a bill of such costs shall have been delivered to the party chargeable therewith, which bill shall be sealed with the seal or subscribed with the proper hand of the parties claiming such costs, or of their solicitor or parliamentary agent, the taxing-officer shall examine and tax such costs, and shall deliver to the parties affected, or either or any of them, on application, a certificate signed by himself expressing the amount of such costs, or in cases where a sum for costs shall have been named by the committee, with the consent as aforesaid, such sum as shall have been so named, with the name of the party liable to pay the same, and the name of the party entitled to receive the same, and such certificate shall be conclusive evidence as well of the amount of the demand as of the title of the party therein named to recover the same from the party therein stated to be liable to the payment thereof; and the party claiming under the same shall, upon payment thereof, give a receipt at the foot of such certificate, which shall be a sufficient discharge for the same.

IV. All powers given to the taxing-officer by the acts ten and eleven Victoria, chapter sixty-nine, and twelve and thirteen Victoria, chapter seventy-eight (a), with reference to the examination of parties and witnesses on oath, and with reference to the production of documents, and with reference to the fees payable in respect of any taxation, shall be vested in the taxing-officer for the purposes of this act.

(a) See the provisions of these acts in the Appendix, ante.

V. The party entitled to such taxed costs, or such sum named by the committee, with such consent as aforesaid, or his executors or administrators, may demand the whole amount thereof, so certified as above, from any one or more of the persons liable to the payment thereof, and in case of non-payment thereof on demand may recover the same by action of debt in any of Her Majesty's Courts of Record at Westminster or Dublin, or by action in the Court of Session in Scotland. In such action it shall be sufficient, in England or Ireland, for the plaintiff to declare that the defendant is indebted to him in the

Certificate-Costs where " Preamble not Proved." ccix

sum mentioned in the said certificate; and the said plaintiff 28 VICT. c 27. shall, upon filing the said declaration, together with the said. certificate and an affidavit of such demand as aforesaid, be at liberty to sign judgment as for want of plea by nil dicit, and take out execution for the said sum so mentioned in the said certificate, together with the costs of the said action, according to due course of law: Provided always that the validity of such certificate shall not be called in question in any court (a).

tained.

(a) Where a certificate of costs had been obtained from the taxing officer, Certificate imcertifying that two promoters of a private bill were the parties to pay a properly obsum of costs, and the taxation of such costs had been made in the absence of, and without notice having been given to one of such promoters, the certificate being regular in point of form, and consequently not assailable at common law, it was held that it was a fraud upon the plaintiffs for the defendants to arm themselves with an instrument obtained in the manner mentioned above; and acting upon the principles of jurisdiction exercised by the Court of Chancery, in cases of judgments obtained by fraud, that the defendants ought to be restrained from proceeding by action on the faith of the certificate: (Swansea Canal Proprietors v. Great Western Railway Company, L. R. 5 Eq. 444; 37 L. J. (Ch.) 238; 16 W. R. 1034; 18 L. T. N. S. 78.)

VI. In such action it shall be sufficient, in Scotland, for the Form of action pursuer to allege that the defender is indebted to him in the in Scotland. sum mentioned in the said certificate, under the like proviso in regard to the validity of the certificate.

costs may re

persons liable

VII. In every case it shall be lawful for any person from Persons paying whom the amount of such costs or sum named by the com- cover a propormittee, with consent as aforesaid, has been so recovered, to tion from other recover from the other persons, or any of them, who are liable thereto. to the payment of such costs or sum named by the committee, with consent as aforesaid, a proportionate share thereof, according to the number of persons so liable, and according to the extent of the liability of each person.

amble not

proved," pro

moters to pay costs out of de

VIII. In any case in which the committee shall have re- When committee ported that the preamble is not proved, and where, in accord- report “preance with the standing orders of either House of Parliament and of an act of the ninth year of her present Majesty, chapter twenty, a deposit of money or stock is made with respect to posits. the application to Parliament for an act, the money or stock so deposited shall be a security for the payment by the promoters of the bill for the act of all costs or sums in respect of costs, if any, payable by them under this act; and every party entitled to receive any costs or sum so payable shall accordingly have a lien available in equity for the same on the money or stock so deposited, and the lien shall attach thereon at the

28 VICT. C. 27. time when the bill is first referred to a committee of either House of Parliament; provided that where several parties have the lien for an amount exceeding in the aggregate the net value of the money or stock, their respective claims shall propor tionately abate.

Definition of promoters.

Meaning of private bill.

IX. When a bill is not promoted by a company already formed, all persons whose names shall appear in such bill as promoting the same, and in the event of the bill passing the company thereby incorporated, shall be deemed to be promoters of such bill for all the purposes of this act.

X. For the purposes of this act the expression private bill shall extend to and include any bill for a local and personal

act.

Commencement XI. That this act shall not take effect before the first day of November one thousand eight hundred and sixty-five.

of act.

Nitro-glycerine

to be deemed dangerous.

Other goods may

Order in Council.

CARRIAGE AND DEPOSIT OF DANGEROUS
GOODS ACT, 1866.*

(29 & 30 VICT. c. 69.)

An Act for the Amendment of the Law with respect to the Carriage and Deposit of dangerous Goods.-[6th August 1866.]

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. The goods or article commonly known as nitro-glycerine or glonoine oil shall be deemed to be specially dangerous within the meaning of this act.

II. Her Majesty may from time to time, by Order in Council, be declared so by declare that any goods named in any such order (other than nitro-glycerine or glonoine oil) are to be deemed specially dangerous within the meaning of this act; and may from time to time amend or repeal any such order; and any goods which are by any such order declared to be specially dangerous shall, so

*See s. 105 of the Railways Clauses Act, 1845, ante, p. 432.

Goods-Forfeiture-Warehousing.

ccxi

Dangerous long as such order is in force, be deemed to be specially dan- 29 & 30 VICT. gerous within the meaning of this act.

C. 69.

marked, and

character.

III. No person shall deliver any goods which are specially Such goods to be dangerous to any warehouse owner or carrier, or send or carry notice to be or cause to be sent or carried any such goods upon any railway given of their or in any ship to or from any part of the United Kingdom, or in any other public conveyance, or deposit any such goods in or on any warehouse or quay, unless the true name or description of such goods, with the addition of the words specially dangerous, is distinctly written, printed, or marked on the outside of the package, nor in the case of delivery to or deposit with any warehouse owner or carrier, without also giving notice in writing to him of the name or description of such goods, and of their being specially dangerous. And any person who commits a breach of this enactment shall be liable to a penalty not exceeding five hundred pounds, or at the discretion of the court to imprisonment, with or without hard labour, for any term not exceeding two years.

Provision for

case of absence

IV. Provided always as follows: (1.) Any person convicted of a breach of the last foregoing of knowledge of enactment shall not be liable to imprisonment, or to a nature of goods. penalty of more than two hundred pounds, if he shows to the satisfaction of the court and jury before whom he is convicted that he did not know the nature of the goods to which the indictment relates:

(2.) Any person accused of having committed a breach of the said enactment shall not be liable to be convicted thereof if he shows to the satisfaction of the court and jury before whom he is tried that he did not know the nature of the goods to which the indictment relates, and that he could not, with reasonable diligence, have obtained such knowledge.

of such goods.

V. Where goods are delivered, sent, carried, or deposited As to forfeiture in contravention of the said enactment, the same shall be forfeited, and shall be disposed of in such manner as the Commissioners of Her Majesty's Treasury or (in case of importation) the Commissioners of Customs direct, whether any person is liable to be convicted of a breach of the said enactment

or not.

VI. No warehouse owner or carrier shall be bound to receive Warehouse ownor carry any goods which are specially dangerous.

ers, &c., not bound to receive such goods

29 & 30 VICT. c. 69.

Interpretation

VII. In construing this act the term warehouse owner shall include all persons or bodies of persons owning or managing of "owner" and any warehouse, store, quay, or other premises in which goods are deposited; and the word carrier shall include all persons or bodies of persons carrying goods or passengers for hire by land or water.

"carrier."

Application of 25

&26 Vict. cap.

glycerine.

VIII. The act of the session of the twenty-fifth and twenty66, to nitr sixth years of Her Majesty's reign, chapter sixty-six, "for the safe keeping of petroleum," is hereby extended and applied to nitro-glycerine, and that act shall be read and have effect as if throughout its provisions nitro-glycerine had been mentioned in addition to petroleum; save that so much of the said act as specifies the maximum quantity of petroleum to be kept as therein mentioned without a license shall not apply in the case of nitro-glycerine, and any quantity whatever of nitro-glycerine shall be deemed to be subject to the provisions of the said act.

Application of the same act to other substances.

Short title.

IX. The said act of the session of the twenty-fifth and twentysixth years of Her Majesty's reign is also hereby extended and applied to any substance for the time being declared by any Order in Council under this act to be specially dangerous, and that act shall be read and have effect as if throughout its provisions the substance to which such Order in Council relates had been mentioned in addition to petroleum; save that the quantity of such substance which it shall not be lawful to keep as in the said act mentioned without a license shall, instead of the quantity specified in relation to petroleum in the said act, be such quantity as is specified in that behalf in relation to any such substance in any such Order in Council.

X. This act may be cited as "The Carriage and Deposit of Dangerous Goods Act, 1866."

RAILWAY COMPANIES SECURITIES ACT, 1866. (29 & 30 VICT. c. 108).

An Act to Amend the Law relating to Securities issued by Railway Companies.-[10th August 1866.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal,