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AD, 1896.] P. lxxxvi. An Act to confirm a Provisional Order made by the Local Government Board for Ireland under the Public Health (Ireland) Act 1878 relating to the Rural Sanitary District of the Belfast Union. (''Local Government Board (Ireland) Provisional Order Confirmation (No. 4).'')

P. lxxxvii. An Act to confirm a Provisional Order made by the Local Government Board for Ireland under the Public Health (Ireland) Act 1878 relating to the Town of Portrush. (''Local Government Board (Ireland) Proviaional Order Confirmation (No. 5).'')

P, lxxxviii. An Act to confirm a Provisional Order made by the Local Government Board for Ireland under the Public Health (Ireland) Act 1878 relating to the Urban Sanitary District of Coleraine, (''Local Government Board (Ireland) Provisional Order Confirmation (No. 6).'')

P. lxxxix. An Act to confirm a Provisional Order made by the Local Government Board for Ireland under the Public Health (Ireland) Act 1878 relating to the Rural Sanitary District of the Sligo Union. (''Local Government Board (Ireland) Provisional Order Confirmation (No. 7).'')

P. xc. An Act to confirm certain Provisional Orders made by the Local Government Board for Ireland under the Public Health (Ireland) Act 1878 relating to the Sanitary Districts of Queenstown Lame Manorhamilton and Donegal. (''Local Government Board (Ireland) Provisional Orders Confirmation (No. 8).'')

P, xci. An Act to confirm a Provisional Order made by the Local Government Board for Ireland under the Public Health (Ireland) Act 1878 relating to the Rural Sanitary District of the Sligo Union. (''Local Government Board (Ireland) Provisional Order Confirmation (No. 10).'')

P. xcii. An Act to confirm a Provisional Order made by the Local Government Board for Ireland under the Public Health (Ireland) Act 1878 relating to the Rural Sanitary District of Mullingar. (''Local Government Board (Ireland) Provisional Order Confirmation (No. 12).'')

P. xciii. An Act to confirm a Provisional Order under the Land Drainage Act 1861 relating to the Langley Chedgrave and Toft Monks Marshes in the Parishes of Langley Chedgrave Toft Monks Stockton Haddiscoe Loddon Raveningham and Reedham in the county of Norfolk. (Land Drainage Supplemental.)

P. xciv. An Act to confirm certain Provisional Orders made by the Board of Trade under the General Pier and Harbour Act 1861 relating to Birchington Bexhill Heme Bay Penzance Porthgain Stonehaven and Studland. (''Pier and Harbour Orders Confirmation (No. 2).'')

P. xcv. An Act to confirm certain Provisional Orders made by the Board of Trade under the Gas and Water Works Facilities Act 1870 relating to Chester-le- Street and Pelton Gas Maidstone Gas and Settle Gas, (Gas Orders Confirmation.)


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466

P. xcvi. An Act to transfer the Upper and Lower Boyne Navigations to the Boyne Navigation Company (Limited). (Boyne Navigation Transfer.)

P. xcvii. An Act to confirm a Provisional Order made by the Board of Trade under the Merchant Shipping Act 1894 relating to the London and English Channel Pilotage Districts. (Pilotage Order Confirmation.)

P. xcviiii. An Act to confirm certain Provisional Orders made by the Board of Trade under the Gas and Water Works Facilities Act 1870 relating to Fort William Gas and Laindon Gas and Water. (Gas and Water Orders Confirmation.)

P. xcix. An Act to confirm a Provisional Order under the Public Health (Scotland) Act 1867 and any Acts amending the same relating to Kelty Water. (Kelty Water Order Confirmation.)

P. c. An Act to confirm a Provisional Order of the Local Government Board relating to the Ports of Colchester Newcastle North Shields Plymouth South Shields and Weymouth. (Local Government Board's Provisional Order Confirmation (Ports).)

P. ci. An Act to confirm certain Provisional Orders of the Local Government Board relating to Axbridge Basford Bath Cambridge Carlisle Hanwell Richmond (Surrey) Southall-Norwood Stocksbridge Waltham-Holy-Cross and Woking. (''Local Government Board's Provisional Orders Confirmation (No. 6).'')

P. cii. An Act to confirm certain Provisional Orders of the Local Government Board relating to the Chorley Epsom-(Rural)-Sutton-Carshalton-and-Leatherhead Evesham Guildford-Godalming-and-Woking Havant Lanchester Liversedge-and-Mirfield and Luddenden Joint Hospital Districts (Local Oovemment Board's Provisional Orders Confirmation (No.7).)

P. ciii. An Act to confirm certain Provisional Orders of the Local Government Board relating to the Church-and-Clayton-le-Moors Clayton-le-Moors-and-Great-Harwood Conway-and-Colwyn-Bay Stourbridge Upper-Stour-Valley Whitchurch and Ystnidyfodwg-and-Pontypridd United Districts. (''Local Oovemment Boards Provisional Orders Confirmation (No. 8).'')

P. civ. An Act to confirm certain Provisional Orders of the Local Government Board relating to the Bromley-and-Beckenham Calverley Dewsbury North Bierley Pontefract Rochester-and-Chatham Tamworth Thornton Warwick and Wirral Joint Hospital Districts. (''Local Ooveimment Board's Provisional Orders Confirmation (No. 9).'')

P. cv. An Act to confirm certain Provisional Orders of the Local Government Board relating to Barnstaple Bournemouth (two) Devonport Oxford Prestwiuh Southport and Stapleton. (''Local Government Board's Provisional Orders Confirmation (No. 10).'')

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undefined

PASSED IN THE

OF THE REIGN OF HER MAJESTY

WITH

LONDON: PRINTED BY EYRE AND SPOTTISWOODE

T. DIGBY PIGOTT,, C.B., PRINTER TO HER MAJESTY OF ALL ACTS OF PARLIAMENT,

undefined

PUBLISHING OFFICE, 27, FLEET STREET, E.C.

1896


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iv


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A.D. 1896.]


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vi


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A.D. 1896.]

To amend the Truck Acts. Ch. 44. U.K.

§1–3. Deductions or payments in respect of fines, damaged goods, and materials. 4. Penalty 5. Recovery of payments or deductions. 6. Production of contract. 7. Exemption of contract from stamp duty. 8. Saving as to contracts and payments illegal under existing Acts. 9. Power to exempt from provisions of Act. 10. Duties of inspectors. 11,12. Commencement; short title and construction.

, Power of Court on application to appoint. See (c. 35).

To make provision for the Construction of a Railway in Africa, from Mombasa to the Victoria Nyanza, through the Protectorates of Zanzibar, British East Africa, and Uganda. Ch. 38. U.K.

To prevent abuse of the Process of the High Court or other Courts by the institution of Vexatious Legal Proceedings. Ch. 51. E.

See (Table II, c. cxxii.); (c. 33).

See Table II, c. clxi.

See also Table II, c. Ixxvii. (Bonnybridge, &c.); c. cxiv.(Culter); c. v. (Cupar); c. cxv. (Dalmeny and Kirkliston); c.xcviii. (Gas and Water); c. xcix. (Kelty); (c. lxxxv. (No. 3); c. lxxxviii. (No. 6); c. xc. (No. 8); c. xcii. (No. 12); c. cxvi. (No. 9); c.clxiii. (No. 11)).

For authorising the Treasury to guarantee the Interest on certain Capital of the West Highland Railway Company, and pay a sum of Money to that Company. Ch. 58. U.K.

See (c 23).

To amend the Wild Birds Protection Acts. Ch. 56. E.& S.

, Eligibility of, as Poor Law Guardians in Ireland. See (c. 5).

See (c. 11); (c. 31); (c. 53).

See also Table II., c. vi. (Aberdeen); c. ccxxxviii. (Birkenhead and Leeds).


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1534.] good as ever it was; and he is the head of the Universal Church, and so I will take him. Here in England the King and his Parliament hath put him out; but be of good comfort, and steadfast in your faith; this thing will not last long, I warrant you. You shall see the world change shortly.'

To this the informer said that he had replied, 'You know how that we be sworn unto the King's Grace, and he hath already abjured the Pope.'

'As for that,' said the priest, 'an oath loosely made may be loosely broken; and by this example be ye in ease. I had an enemy come unto this church, and one of his friends and mine came unto me and said, 'Sir, I pray you let us go drink with yonder man.' And the said friend maketh such importunate suit unto me to drink with my enemy, that I promise him by my faith that I will go and drink with him; and so indeed doth drink with him. But what then,' said the priest; 'though I go and drink with him upon this promise, trow you that I will forgive him with my heart? Nay, nay, I warrant you. And so in like wise in this oath concerning the abjuration of the Pope. I will not abjure him in my heart,' said the priest, 'for these words were not spoken unto Peter for nought—'I will give thee the keys of the kingdom of heaven'—and the Pope is Peter's successor. Of this matter,' said the priest, 'I communed once with the Bishop of Canterbury, and I


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212 told the Bishop I would pray for the Pope as the chief and Papal head of Christ's Church. And the Bishop told me it was the King's pleasure that I should not. I said unto him I would do it; and Chough I did it not openly, yet would I do it secretly. And he said I might pray for him secretly, but in any wise do it not openly.'

Trifles of this kind may seem unimportant; but at the time they were of moment, for their weight was cumulative; and we can only now recover but a few out of many. Such as they are, however, they show the spirit in which the injunctions were received by a section at least of the English clergy. Nor was this the worst. We find language reported, which shows that many among the monks were watching for symptoms of the promised Imperial invasion, and the progress of the Irish insurgents. A Doctor Maitland, of the order of Black Friars in London, had been 'heard divers times to say, he trusted to see every man's head that was of the new learning, and the maintainers of them, to stand upon a stake, and Cranmer's to be one of them. The King,' he hoped, might suffer 'a violent and shameful death;' and 'the Queen, that mischievous whore, might be brent.' 'He said further, that he knew by his science, which was nigromancy, that all men of the new learning should be suppressed and suffer death, and the people of the old learning should be set up again by the


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AD. 1896.] P. cvi. An Act to confirm certain Provisional Orders of the Local Government Board relating to the Oakwell Sandown-and-Shanklin Tiverton and Uxbridge Joint Hospital Districts. (Local Government Board's Provisional Orders Confirmation (No, 11).)

P. Cvii. An Act to confirm certain Provisional Orders of the Local Government Board relating to the Accrington and Church Birmingham Tame and Bea Darenth Valley and Richmond (Surrey) United Districts. (''Local Government Board's Provisional Orders Confirmation (No. 12).'')

P. Cviii. An Act to confirm certain Provisional Orders of the Local Government Board relating to Aberavon Ashton-under-Lyme Derby Hexham and Stalybridge and to the Braintree and Keighley and-Bingley Joint Hospital Districts. (''Local Government Board's Provisional Orders Confirmation (No. 14).'')

P. cix. An Act to confirm certain Provisional Orders of the Local Government Board relating to the County of Hertford and the City of Liverpool (two). (''Local Government Board's Provisional Orders Confirmation (No. 17).'')

P. cx. An Act to confirm certain Provisional Orders of the Local Government Board relating to Batley Darlington Haverfordwest Lancaster Manchester and Mountain Ash. (''Local Government Board's Provisional Orders Confirmation (No. 18).'')

P. xxi. An Act to confirm certain Provisional Orders of the Local Government Board relating to Burnley Leicester Oldham Wigan and Wolverhampton. (''Local Government Board's Provisional Orders Confirmation (No. 19).'')

P. cxii An Act to confirm certain Provisional Orders of the Local Government Board under the Gas and Water Works Facilities Act 1870 and the Public Health Act 1875 relating to Great Driffield Sandwich South Molton and Tiverton. (Local Government Board's Provisional Orders Confirmation (Gas).)

P. cxiii. An Act to confirm a Provisional Order of the Local Government Board relating to Warrington. (Local Government Board's Provisional Order Confirmation (Warrington).)

P. cxiv. An Act to confirm a Provisional Order under the Public Health (Scotland) Act 1867 and Acts amending the same relating to Culter Water. (Culter Water Order Confirmation.)

P. cxx. An Act to confirm a Provisional Order under the Public Health (Scotland) Act 1867 and any Acts amending the same relating to Dalmeny and Kirkliston Water. (Dalmeny and Kirkliston Water Order Confirmation.)

P. cxvi. An Act to confirm a Provisional Order made by the Local Government Board for Ireland under the Public Health (Ireland) Act 1878 relating to the Rural Sanitary District of Lame. (''Local Government Board (Ireland) Provisional Order Confirmation (No. 9).'')


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1534.] power of the King's enemies from the parts beyond the sea.'

In the May weather of 1534, two Middlesex clergy, 'walking to and fro in the cloyster garden at Sion, were there overheard compassing sedition and rebellion.' John Hale, an eager, tumultuous person, was prompting his brother priest, Robert Feron, with matter for a pamphlet, which Feron was to write against the King. 'Syth the realm of England was first a realm,' said Hale, 'was there never in it so great a robber and piller of the commonwealth read of nor heard of as is our King.… He is the most cruellest capital heretic, defacer and treader under foot of Christ and of his Church, continually applying and minding to extinct the same; whose death, I beseech God, may be like to the death of the most wicked John, sometime King of this realm, or rather to be called a great tyrant than a King; and that his death may be not much unlike to the end of that manqueller Richard, sometime usurper of this imperial realm. And if thou wilt deeply look upon his life, thou shalt find it more foul and more stinking than a sow wallowing and defiling herself in any filthy place.'

These words were spoken in English; Feron translated them into Latin, and wrote them down. Hale then continued: 'Until the King and the rulers of this realm be plucked by the pates, and brought, as we say,


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le monde sait que, dans les premiers temps de la monarchie ottomane, les préceptes glorieux du Coran et les lois de l’empire étalent une règle toujours honorée. En conséquence, l’empire croissait en force et en grandeur, et tons les sujets, sans exception, avaient acquis au plus haut degré l’aisance et la prospérité. Depuis cent cinquante ans, une succession d’accidents et de causes diverses ont fait qu’on a cessé de se conformer au code sacré des lois, et aux règlements qui en découlent, et la force et la prospérité antérieures se sont changées en faiblesse et en appauvrissement : c’est qu’en effet un empire perd toute stabilité quand il cesse d’observer ses lois.

Ces considérations sont sans cesse présentes à notre esprit, et, depuis le jour de notre avénement au trône, la pensée du bien public, de l’amélioration de l’état des provinces et du soulagement des peuples n’a cessé de l’occuper uniquement. Or, si l’on considère la position géographique des provinces ottomanes, la fertilité du sol, l’aptitude et l’intelligence des habitants, on demeurera convaincu qu’en s’appliquant à trouver les moyens efficaces, le résultat, qu’avec le secours de Dieu nous espérons atteindre, peut être obtenu dans l’espace de quelques années. Ainsi donc, plein de confiance dans le secours du Très-Haut, appuyé sur l’intercession de notre Prophète, nous jugeons convenable de chercher par des institutions nouvelles à procurer aux provinces, qui composent l’empire ottoman, le bienfait d’une bonne administration.

Ces institutions doivent principalement porter sur trois points, qui sont : 1. Les garanties qui assurent à nos sujets une parfaite sécurité quant à la vie, leur honneur et leur fortune ; 2. Un mode régulier d’asseoir et de prélever les impôts ; 3. Un mode également régulier pour la levée des soldats et la durée de leur service.

Et en effet, la vie et l’honneur ne sont-ils pas les biens les plus


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260 3.—(1.) Where any spending authority require in any half year or other period to raise from two or more parishes a sum by a rate to which this Act applies, they shall, in determining the net-amount to be so raised, deduct the sum issuable to them in respect of the said rate on account of their share of the annual grant for the said half year or other period, and the net amount after that deduction shall, where it would otherwise be raised in proportion to the rateable value, be raised in proportion to the assessable value of those parishes.

(2.) For the purposes of this section the assessable value of a parish shall be the rateable value thereof reduced by an amount equal to one half of the rateable value of the agricultural land in the parish.

4.—(1.) The Local Government Board shall, as soon as may be after passing of this Act, certify the amount —
 * (a) of the annual grant to be paid to the Local Taxation Account; and
 * (b) of the share of such grant to be paid annually to each spending authority, under this Act, and for that purpose shall determine in the prescribed manner the amount which for the purposes of this Act is to be taken as having been raised during the last year before the passing of this Act by any rate to which this Act applies for the expenditure of each spending authority.

(2.) Such proportion of the whole amount so taken to be raised in respect of any hereditaments or parishes as the Local Government Board estimate to be the proportion of the total rateable value of those hereditaments or parishes which represents the value of agricultural land, shall be taken for the purposes of this Act as the amount raised during the said year, by the said authority, by the said rate, in respect of agricultural land, and one half of that amount shall be taken as the deficiency which will arise from the provisions of this Act in the produce of the said rate.

(3.) A sum equal to the total amount of the deficiency thus estimated for all the spending authorities in England shall be the amount of the annual grant, and a sum equal to the deficiency thus estimated in the case of each spending authority shall be the share of that spending, authority. in the annual grant, and the Local Government Board shall certify the same accordingly.

(4.) The Local Government Board, in acting under this section, shall obtain such information and make such inquiries, and in such manner as they think fit.

(5.) The Local Government Board may in case of. error amend, or for the purpose of meeting any alteration in an area or authority to which a certificate under this section, and any such amendment or variation shall have effect from the date of the original certificate, or any later date fixed by the Board; but save as aforesaid, a certificate shall be final and binding on all persons.

(6.) The Local Government Board. may give provisional certificates if they think necessary for the purpose of enabling the first payments to and out of the Local Taxation Account under this Act


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214 to the pot, shall we never live merrily in England, which, I pray God, may chance, and now shortly come to pass. Ireland is set against him, which will never shrink in their quarrel to die in it; and what think ye of Wales? The noble and gentle Ap Ryce, so cruelly put to death, and he innocent, as they say, in the cause. ''I think not contrary, but they will join and take part with the Irish, and so invade our realm. If they do so, doubt ye not but they shall have aid and strength enough in England. For this is truth: three parts of England be against the King, as he shall find if he need. For of truth, they go about to bring this realm into such miserable condition as is France; which the commons see, and perceive well enough a sufficient cause of rebellion and insurrection in this realm. And truly we of the Church shall never live merrily until that day come.''

These informations may assist us in understanding, if we cannot forgive, the severe enactments—severely to be executed—which were passed in the ensuing Parliament.


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1896. to be made, before they have sufficient information to enable them to give final certificates.

5. In every valuation list and in the basis or standard for any Separate county rate, and in any valuation made by the council of a borongh or any other council for the purpose of raising the borough or other rate.

 * (a) where separate hereditaments are specified therein, the value of agricultural land shall be stated separately from that of any building or other hereditament; and
 * (b) in every case the total rateable value of the agricultural land in each parish shall be stated separately from the tot^l rateable value of the buildings or other hereditaments in such parish; and whenever a copy of the total of the rateable value of any parish is required to be sent to any person, such copy shall state both the above-mentioned totals; and.
 * (c) where any hereditament consists partly of agricultural land and partly of buildings, the gross estimated rental of the buildings, when valued separately, in pursuance of this Act, from the agricultural land shall, while the buildings ate used only for the cultivation of the said land, be calculated not on structural cost, but on the rent at which they would be expected to let to a tenant from year to year, if they could only be so used; and the total gross estimated rental of the hereditament shall not be increased by the said separate valuation.

6.-(1.) For the purposes of this Act returns shall be made to Procedure for the Local Government Board in accordance with the prescribed ascertaining regulations—
 * (a) by every spending authority in relation to the sums actually received by them or their predecessors during the year next agricultural before the passing of this Act from any rate to which this Act applies;
 * (b) by every assessment committee or council whose duty it is to revise or make a valuation list, basis, standard or other valuation for any parish, in relation to the gross estimated rental and rateable value of that parish, and the proportion thereof which represents agricultural land; and
 * (c) by any such authority, committee, or council in relation to any other prescribed information

(2.) For the purpose of. the returns, statements showing the gross estimated rental and rateable value of the agricultural land in a parish, and, in the case of any hereditament separately valued which consists in part of agricultural land and in part of buildings or other hereditaments, of each such part, shall be made by the overseers of every parish, and corrected by the assessment, committee, and sent to the surveyor of taxes, and be subject to objection or appeal by the said surveyor and overseers before the assessment committee, and the justices in special sessions, and the court of quarter sessions, and subject to the right of any aggrieved ratepayer to be heard upon the said appeal, in such form, within such times, and generally in such manner, and subject to such provisions, as may be prescribed. These provisions shall conform as nearly as


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1534.] It is a maxim of sound policy, that actions only are a proper subject of punishment—that to treat men as offenders for their words, their intentions, or their opinions, is not justice, but tyranny. But there is no rule which is universally applicable. The policy of a state of war is not the policy of a state of peace. And as a soldier in a campaign is not at liberty to criticise openly the cause for which he is fighting; as no general, on his army going into action, can permit a subordinate to decline from his duty in the moment of danger, on the plea that he is dissatisfied with the grounds of the quarrel, and that his conscience forbids him to take part in it; so there are times when whole nations are in a position analogous to that of an army so circumstanced; when the safety of the State depends upon unity of purpose, and when private persons must be compelled to reserve their opinions to themselves; when they must be compelled neither to express them in words, nor to act upon them in their capacity of citizens, except at their utmost peril. At such times the salus populi overrides all other considerations; and the maxims and laws of calmer periods for awhile consent to be suspended. The circumstances of the year 1848 will enable us, if we reflect, not upon what those circumstances actually were, but on what they easily might have been, to understand the position of Henry VIII.'s Government at the moment of the separation from Rome. If the danger in 1848 had ceased to be imaginary—if Ireland had broken into a real insurrection—if half the population of England had been Socialist,


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216 and had been in secret league with, the leaders of the Revolution in Paris for a combined attack upon the State by insurrection and invasion—the mere passing of a law, making the use of seditious language an act of treason, would not have been adequate to the danger. Influential persons would have been justly submitted to question on their allegiance, and insufficient answers would have been interpreted as justifying suspicion. Not the expression, only, of opinions subversive of society, but the holding such opinions, however discovered, would have been regarded and treated as a crime, with the full consent of what is called the common sense and educated judgment of the nation.

If for 'opinions subversive of society,' we substitute allegiance to the Papacy, the parallel is complete between the year 1848, as it would then have been, and the time when the penal laws which are considered the reproach of the Tudor Governments were passed against the Roman Catholics. I assume that the Reformation was in itself right; that the claims of the Pope to an English supremacy were unjust; and that it was good and wise to resist those claims. If this be allowed, those laws will not be found to deserve the reproach ot tyranny. We shall see in them but the natural


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1534.] of a vigorous Government placed in circumstances of extreme peril. The Romanism of the present day is a harmless opinion, no more productive of evil than any other superstition, and without tendency, or shadow of tendency, to impair the allegiance of those who profess it. But we must not confound a phantom with a substance; or gather from modern experience the temper of a time when words implied realities, when Catholics really believed that they owed no allegiance to an heretical sovereign, and that the first duty of their lives was to a foreign potentate. This perilous doctrine was waning, indeed, but it was not dead. By many it was actively professed; and among those by whom it was denied there were few except the Protestants whom it did not in some degree embarrass and perplex.

The Government, therefore, in the close of 1534, having clear evidence before them of intended treason, determined to put it down with a high hand; and with this purpose Parliament met again on the 3rd of November. The first Act of the session was to give the sanction of the legislature to the title which had been conceded by Convocation, and to declare the King supreme Head of the Church of England. As affirmed by the legislature, this designation meant something more than when it wad granted three years previously by the clergy. It then implied that the spiritual body were no longer to be an imperium in imperio within the realm, but should hold their powers subordinate to the Crown. It was now an assertion of independence of foreign jurisdiction; it was the complement of the Act


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436

E 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.—(1.) In section four of the Labourers (Ireland) Act, 1883, "seven days" shall be substituted for "fourteen days" wherever those words occur.

(2.) The notice of a subsequent meeting of a sanitary authority required by the said section four shall not be necessary except in the case of a meeting at which a final resolution is to be passed.

(3.) A representation under section five of the said Act of 1883, or any certificate of a sanitary officer relating to the same, may be amended at any time prior or subsequent to the making of an improvement scheme in pursuance thereof, and the power of amendment hereby given shall include power to permit any such representation to be signed at any stage of the proceedings thereon by any person duly qualified to sign the same, and such signing shall have the same effect as if the representation had been originally so signed; provided that no amendment other than the addition of a signature shall be made without the consent in writing in the case of a representation of the persons who originally signed the same, and in the case of a certificate of the sanitary officer, and any signature added shall be verified by a member or officer of the sanitary authority.

(4.) In section seven of the said Act of 1883 "two consecutive weeks" shall be substituted for "three consecutive weeks" and the notices to be served under the said section may be served at the same time as, or at any time after, the publication of the advertisement in that section mentioned.

(5.) Any notice under the said section seven may be served on the agent of the person required to be served in like manner as on such person, and need not be served personally; provided that, if the service is by post, the letter shall be registered.

(6.) Where the Local Government Board direct a local inquiry to be held under the said section seven, the inspector of the Board appointed to hold the inquiry shall, not later than seven days before the day on which the inquiry will be held, forward by post in a registered letter addressed to the usual or last-known place of abode of every owner or reputed owner, lessee or reputed lessee, and occupier of the lands proposed to be taken compulsorily, or of the agents of such persons, a notice of the date on which the inquiry will be held.

2. Where a petition has been lodged under the principal Acts respecting a portion only of a provisional order, the Local Government Board may divide the order into two orders, and the new order. Order containing the portion of the original order to which the


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1896. petition does not relate shall become absolute in like manner as if no petition had been lodged, and the new order contain iag the portion of the original order to which the petition relates shall remain provisional until confirmed.

3.—(1.) For the purpose of taking lands compulsorily by Application of Purchase under the principal Acts the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement shall be deemed to be amended by the provisions contained in the Second Schedule of the Housing of the Working Classes Act, 1890, and such provisions shall (subject as by this Act provided) be deemed to form part of the principal Acts in like manner as if therein expressly enacted.

(2.) In the construction for the purposes of the principal Acts of the provisions contained in the said Second Schedule to the said Act of 1890, the "local authority" shall mean the sanitary authority, the "confirming Act" shall mean the order of the Local Government Board authorising the improvement scheme, when the same has become absolute or been confirmed, the " confirming authority" shall mean the Local Government Board, and references to the said Act of 1890 or to Part I. thereof shall be deemed references to the principal Acts.

4. When a provisional order sanctioning an improvement scheme has become absolute, or been confirmed, as the case may be, the sanitary authority may, subject to the provisions of this section, forthwith enter upon and use for the purposes of the principal Acts the land comprised in the order, notwithstanding that the arbitrator has not framed his award, and the interest payable in the case of a purchase, and the fair rent payable in the case of a lease, shall run as from the time of such entry.

Provided that—
 * (a) in the case of a purchase the sanitary authority, unless the persons entitled to give a discharge for the purchase money consent to such entry, shall give such security for the purchase money as those persons may require, or shall by way of security deposit in the Bank of Ireland in like manner as if it were purchase money such sum as may be specified in the order, or if no sum is so specified as the Local Government Board direct, and the sum deposited shall be applied in payment or part payment of the purchase money when determined, and if in excess of the purchase money the balance shall be returned to the sanitary authority, and if less than the purchase money the deficit shall be a charge upon any rates leviable by the sanitary authority, and may be recovered accordingly; and
 * (b) in the case of a lease, the sanitary authority shall pay on account of rent until the fair rent is fixed, an annual sum equal to the annual value of the land under the Irish Valuation Acts.

5. The tenancy under a letting by a sanitary authority of any Conditions of cottage and allotment to an agricultural labourer shall be to be a cottier tenancy within the meaning of the Landlord and


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438 Tenant Law Amendment Act (Ireland), 1860, notwithstanding that the allotment exceeds half an acre, and that by the terms of such letting the tenant is bound to keep the windows of such cottage and the fences of such allotment in repair.

6. The inspector who holds a local inquiry under section four of the Labourers (Ireland) Act, 1891, and the inspector who makes a complaint, and the inspector to whom authority is given by an order of the Local Government Board under section eight of the said Act, need not be the same person, but may be any inspector of the Local Government Board.

7. A sanitary authority may, with the sanction of the Local Government Board, sell any cottage erected or, acquired by them under the principal Acts with the land attached, which has ceased to be required for the purposes of those Acts, subject to the following conditions:—
 * (1.) The purchaser shall be liable for the repayment of the amount charged on such cottage and land under section eighteen of the Labourers (Ireland) Act, 1883, and shall not let the same, save in accordance with the conditions of letting specified in section thirteen of the said Act of 1883:
 * (2.) Such cottage and land shall be offered for sale at a reserve price, being not less than the amount of the costs and expenses paid by the sanitary authority in respect thereof:
 * (3.) Such cottage and land shall be offered for sale at the said reserve price first to the owner or successor in title of the owner from whom the land was originally purchased or taken on lease:
 * (4.) If such owner or his successor in title declines, or within a reasonable time to be specified in the offer made to him neglects, to purchase, such cottage and land shall be offered for sale at the said reserve price to the occupier of the holding from which the land was taken:
 * (5.) If such occupier declines, or within a reasonable time to be specified in the offer made to him neglects, to purchase, such cottage and land shall be offered for sale by public auction or private tender after publication of advertisements of the sale in the newspapers circulating in the district, at a price not less than the said reserve price.

9. The power to make rules conferred upon the Lord Lieutenant in Council by section twelve of the Labourers (Ireland) Act, 1885, shall be construed as including a power to rescind, revoke, amend, or vary such rules.

10. The principal Acts as amended by this Act shall continue in force for five years from the passing of this Act, and until the end of the session of Parliament next ensuing.

11. This Act may be cited as the Labourers (Ireland) Act, 1896, and save where inconsistent therewith shall be construed as one with the Labourers (Ireland) Acts, 1883 to 1892 (in this Act referred to as the principal Acts) and the said Acts and this Act may be cited collectively as the Labourers (Ireland) Acts, 1883 to 1896.


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218 of Appeals, rounding off into completeness the constitution in Church and State of the English nation. The Act is short, and being of so great importance, I insert it entire.

'Albeit,' it runs, 'the King's Majesty justly and rightfully is and ought to be the supreme Head of the Church of England, and so is recognized by the clergy of this realm in their Convocation, yet nevertheless, for corroboration and confirmation thereof, and for increase of virtue in Christ's religion within this realm of England, and to repress and extirp all errours, heresies, and other enormities and abuses heretofore used in the same: Be it enacted, by authority of this present Parliament, that the King our Sovereign Lord, his heirs and successors, kings of this realm, shall be taken, accepted, and reputed the only supreme Head in earth of the Church of England, called Anglicana Ecclesia, and shall have and enjoy, annexed and united to the imperial crown of this realm, as well the title and style thereof as all the honours, dignities, pre-eminences, jurisdictions, authorities, immunities, profits, and commodities, to the said dignity belonging and appertaining; and that our said Sovereign Lord, his heirs and successors, kings of this realm, shall have full power and authority to visit, repress, redress, reform, order, correct, restrain, and amend all such errours, heresies, abuses, contempts, and enormities, whatsoever they be, which by any manner of spiritual authority or jurisdiction ought or may lawfully be reformed—most to the pleasure of Almighty God, the increase of virtue in Christ's religion, and for


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1534.] the conservation of the peace, unity, and tranquillity of this realm—any usage, custom, foreign lawes, foreign authority, prescription, or any other thing or things to the contrary hereof notwithstanding.'

Considerable sarcasm has been levelled at the assumption by Henry of this title; and on the accession of Elizabeth, the Crown, while reclaiming the authority, thought it prudent to retire from the designation. Yet it answered a purpose in marking the nature of the revolution, and the emphasis of the name carried home the change into the mind of the country. It was the epitome of all the measures which had been passed against the encroachments of the spiritual powers within and without the realm; it was at once the symbol of the independence of England, and the declaration that thenceforth the civil magistrate was supreme within the English dominions over Church as well as State.


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 précieux qui existent ? Quel homme, quel que soit l’éloignement que son père lui inspire par la violence, pourra s’empêcher d’y avoir recours et de nuire par là au gouvernement et au pays, si sa vie et son honneur sont mis en danger ? Si, au contraire, il jouit à cet égard d’une sécurité parfaite, il ne s’écartera pas des voies de la loyauté, et tous ses actes concourront au bien du gouvernement et de ses frères.

S’il y a absence de sécurité à l’égard de la fortune, tout le monde reste froid à la voix du prince et de la patrie ; personne ne s’occcupe du progrès de la fortune publique, absorbé que l’on est par ses propres inquiétudes. Si, au contraire, le citoyen possède avec confiance ses propriétés de toute nature, alors, plein d’ardeur pour ses affaires, dont il cherche à élargir le cercle, afin d’étendre celui de ses jouissances, il sent chaque jour redoubler en son cœur l’amour du prince et de la patrie, le dévouement à son pays. Ces sentiments deviennent en lui la source des actions les plus louables.

Quant à l’assiette régulière et fixe des impôts, il est très important de régler cette matière ; car l’État, pour la défense de son territoire, forcé à des dépenses di verses, ne peut se procurer l’argent nécessaire pour ses armées et autres services, que par les contributions levées sur ses sujets. Quoique, grâce à Dieu, ceux de notre empire soient, depuis quelque temps, délivrés du fléau des monopoles, regardés mal à propos autrefois comme une source de revenu, un usage funeste subsiste encore, quoiqu’il ne puisse avoir que des conséquences désastreuses ; c’est celui des concessions vénales, connues sous le nom d’iltizam. Dans ce système, l’administration civile et financière d’une locality est livrée à l’arbitraire d’un seul homme, c’est-à-dire, quelquefois à la main de fer des passions les plus violentes et les plus cupides, car si ce fermier n’est pas bon, il n’aura d’autre soin que son propre avantage.

II est donc nécessaire que désormais chaque membre de la société ottomane soit taxé pour une quotité d’impôt, déterminée en raison de sa fortune et de ses facultés, et que rien au delà ne puisse être exigé de lui. II faut aussi que des lois spéciales fixent et limitent les dépenses de nos armées de terre et de mer.

Bien que, comme nous l’avons dit, la défense du pays soit une chose importante, et que ce soit un devoir pour tous les habitants de fournir des soldats à cette fin, il est devenu nécessaire d’établir des lois pour régler les contingents que devra fournir chaque localité, selon les nécessités du moment, et pour réduire à quatre ou cinq ans le temps du service militaire. Car, c’est a la fois faire une chose injuste et porter un coup mortel à l’agriculture et à l’industrie, que de prendre, sans égard à la population respective


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Page:Public General Statutes 1896.djvu/459

1896. 11. The Acts specified in the schedule to this Act are hereby repealed to the extent in the third column of that schedule mentioned.

12. This Act shall come into operation on the first day of November next after the passing thereof, and shall apply to all proceedings begun under the principal Acts in like manner as if they had been begun after the commencement of this Act.

E 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 Local Government Board may, on the application of the sanitary authority of any rural district, or of persons rated to the relief of the poor, the assessment of whose hereditaments amounts at the least to one tenth of the net rateable value of such district, with powers or of any contributory place therein, by order to be published in the Dublin Gazette, or in such other manner as the Local Government Board may direct, declare any provisions of the Public Health (Ireland) Acts, 1878 to 1890, in force in urban districts to be in force in such rural district or contributory place, and may invest such authority with all or any of the powers, rights, duties, capacities, liabilities, and obligations of an urban authority under


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is generally believed that at this time of day no one puts any faith in ghosts and apparitions. Yet, on reflection, this opinion does not appear to me quite correct: for, without alluding to workmen in mines, and the inhabitants of mountainous countries,—the former of whom believe in spectres and hobgoblins presiding over concealed treasures, and the latter in apparitions and phantoms announcing either agreeable or unfortunate tidings,—may we not ask why amongst ourselves there are certain individuals who have a dread of passing through a church-yard after night-fall? Why others experience an involuntary shuddering at entering a church, or any other large uninhabited edifice, in the dark? And, in fine, why persons who are deservedly considered as possessing courage and good sense, dare not visit at night even places where they are certain of meeting with nothing they need dread from living beings? They are ever repeating, that the living are only to be dreaded; and yet fear night, because they believe, by tradition, that it is the time which Rh

title: Page:Tales of the Dead.djvu/11


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 phantoms choose for appearing to the inhabitants of the earth.

Admitting, therefore, as an undoubted fact, that, with few exceptions, ghosts are no longer believed in, and that the species of fear we have just mentioned arises from a natural horror of darkness incident to man,—a horror which he cannot account for rationally,—yet it is well known that he listens with much pleasure to stories of ghosts, spectres, and phantoms. The wonderful ever excites a degree of interest, and gains an attentive ear; consequently, all recitals relative to supernatural appearances please us. It was probably from this cause that the study of the sciences which was in former times intermixed with the marvellous, is now reduced to the simple observation of facts. This wise revolution will undoubtedly assist the progress of truth; but it has displeased many men of genius, who maintain that by so doing, the sciences are robbed of their greatest attractions, and that the new mode will tend to weary the mind and disenchant study; and they neglect no means in their power to give back to the supernatural, that empire of which it has been recently deprived: They loudly applaud their efforts, though they cannot pride themselves on their success: for in physic and natural history prodigies are entirely exploded.

But if in these classes of writing, the marvellous

title: Page:Tales of the Dead.djvu/12


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 and supernatural would be improper, at least they cannot be considered as misplaced in the work we are now about to publish: and they cannot have any dangerous tendency on the mind; for the title-page announces extraordinary relations, to which more or less faith may be attached, according to the credulity of the person who reads them. Besides which, it is proper that some repertory should exist, in which we may discover the traces of those superstitions to which mankind have so long been subject. We now laugh at, and turn them into ridicule: and yet it is not clear to me, that recitals respecting phantoms have ceased to amuse; or that, so long as human nature exists, there will be wanting those who will attach faith to histories of ghosts and spectres.

I might in this preface have entered into a learned and methodical disquisition respecting apparitions; but should only have repeated what Dom Calmet and the Abbé Lenglet-Dufresnoy have already said

title: Page:Tales of the Dead.djvu/13


text:
Page:Public General Statutes 1896.djvu/460

440 those Acts; and such investment may be made either unconditionally or subject to any conditions to be specified by the Board as to the time, portion of the district, or manner, during at and in which such powers, rights, duties, liabilities, capacities, and obligations are to be exercised and attach: Provided that an order of the Local Government Board made on the application of persons rated to the relief of the poor in any contributory place shall not invest the rural authority with any new powers beyond the limits of such contributory place.

2. Any sanitary authority may with the consent of the sanitary authority of any adjoining district, execute and do in such adjoining districts, and to district all or any of such works and things as they may execute combine for and do within their own district, and on such terms as to payment or otherwise as may be agreed on between them and the sanitary authority of the adjoining district, or between them and any person with the consent of such last-mentioned sanitary authority, and may with the like consent supply and sell water to any person in such adjoining district, and any two or more sanitary authorities may combine together for the purpose of executing and maintaining any works that may be for the benefit of their respective districts or any part thereof. All moneys which any sanitary authority may agree to contribute for defraying expenses incurred under this section shall be deemed to be expenses incurred by them in the execution of works within their district.

3. An urban authority may divide their district or any street therein into parts for all or any of the purposes of the Public Health (Ireland) Acts, 1878 to 1890, and may abolish or alter any on part of such divisions, and may make a separate assessment on any such part for all off the purposes for which the same is formed; and every such part, so far as relates to the purposes in respect of which such separate assessment is made, shall be exempt from any other assessment under the said Acts: Provided that if any expenses are incurred or to be incurred in respect of two or more parts in common the same shall be apportioned between them in a fair and equitable manner.

4. Whenever a rural authority have incurred or become liable to any expenses which by the Public Health (Ireland) Acts, 1878 to 1890, are, or by such authority may be declared to be, private improvement expenses, such authority may make and levy a private improvement rate in the same manner as private improvement rates may be made and levied by an urban authority; and all the provisions of the said Acts applicable to private improvement rates leviable by an urban authority shall apply accordingly to any private improvement rate leviable by a rural authority.

5.—(1.) Where a sanitary authority under the provisions of the principal Act supply water in any urban district or in any contributory place, and an application is made to them by any ten persons rated to the relief of the poor in such urban district, or by any five persons so rated in such contributory place, to charge water rates or water rents in respect of the water so supplied, it shall be incumbent upon the authority to exercise the powers given


text:
Page:Public General Statutes 1896.djvu/461

1896. to them by the principal Act of charging water rates or water rents in respect of all water supplied by them in such ur!)an district or in such contributory place.

(2.) In addition to the matters with respect to which byelaws are authorised to be made by the principal Act, every sanitary authority may make byelaws for the regulation of any water supply provided by them or under their control.

6. The powers as to markets conferred on urban sanitary powers of authorities by the one hundred and third section of the principal urban sanitary Act shall be construed to include a power to improve and extend any existing market belonging to the sanitary authority.

7. Where a local authority which is also a sanitary authority are by law empowered to grant a superannuation allowance to any of their officers, they shall, if they think fit, with the consent of respect of the Loca; Government Board, take into consideration, in calculating the amount of such allowance, any duties which the officer may have discharged under the Public Health (Ireland) Acts, 1878 to 1890, or this Act.

8.—( 1 .) For the purpose of taking lands compulsorily by purchase under the Public Health (Ireland) Acts, 1878 to 1890 (in this section referred to as "the principal Acts"), the provisions of the Lands Housing of Clauses Acts with respect to the purchase and taking of lands Working otherwise than by agreement shall be deemed to be amended by the provisions contained in the Second Schedule of the Housing of Working Classes Act, 1890 and such provisions shall (subject as by this section provided) be deemed to form part of. the principal Acts in like manner as if therein expressly enacted.

(2.) In the construction for the purposes of the principal Acts of the provisions contained in the said Second Schedule to the said Act of 1890, the "local authority" shall mean the sanitary authority, the "confirming Act." shall mean the Act of Parliament confirming the provisional order of the Local Government Board empowering the sanitary authority to put in force the powers of the Lands Clauses Acts, the "confirming authority" shall mean the Local Government Board, and references to the said Act of 1890 or to Part I. thereof shall be deemed references to the principal Acts.

9.—(1.) The Local Government Board may, by provisional order, permanently constitute any sanitary authority whose district or part of whose district forms part of or abuts on any part of a port in Ireland, or the waters of such port, the sanitary authority of the whole of such port or of any part thereof (in this Act referred to as the "port sanitary authority").

(2.) The Local Government Board may also by provisional order permanently constitute a port sanitary authority for the whole or any part of a port, by combining any two or more sanitary authorities having jurisdiction within such port, or any part thereof,


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442 and may prescribe the mode of their joint action; or by forming a joint board consisting of representative members of any two or more sanitary authorities, in the same manner as is by the principal Act provided with respect to the formation of a united district; and the Local Government Board may by provisional order permanently constitute a port sanitary authority for any two or more ports, by forming a joint board consisting of representative members of all or any of the sanitary authorities having jurisdiction within such ports, or any part thereof.

(3.) In any case in which the Local Government Board are by this section authorised permanently to constitute by provisional order a port sanitary authority, the said Board may, if they think fit, until such order has been made and confirmed by Parliament, temporarily constitute by order any such authority, and may renew any such last-mentioned order, and may by any order so made or renewed make any such provisions as they also by this section empowered to make by provisional order.

(4.) Any order constituting a port sanitary authority may assign to such authority any powers, rights, duties, capacities, liabilities, and obligations under the Public Health (Ireland) Acts, 1878 to 1890, or this Act, and direct the mode in which the expenses of such authority are to be paid; and, where such order constitutes a joint board the port sanitary authority, it may contain regulations with respect to any matters for which regulations may be made by a provisional order forming a united district under the principal Act.

(5.) A port in this Act means a port as established for the purposes of the laws relating to the Customs of the United Kingdom.

10. The order of the Local Government Board constituting a port sanitary authority shall be deemed to give such authority jurisdiction over all waters within the limits of such port, and also over the whole or such portions of the district within the jurisdiction of any sanitary authority as may bo specified in the order.

11. The Local Government Board may by order assign to any port sanitary authority any powers, rights, duties, capacities, and any obligations under the Infectious Disease Prevention Act, 1890, with the necessary modifications.

12. A port Sanitary authority may, with the sanction of the Local Government Board, delegate to any sanitary authority within authority or bordering on their district the exercise of any powers conferred on such port sanitary authority by the order of the Local Government Board, but, except in so far as such delegation may extend, no other authority shall exercise any powers conferred on a port sanitary authority by the order of the Local Government Board within the district of such port sanitary authority.

13.—(1.) Any expenses incurred by a port sanitary authority constituted temporarily in carrying into effect any purposes of this Act shall be defrayed out of a common fund to be contributed by the sanitary authorities whose districts abut on or form part of the


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Page:The European Concert in the Eastern Question.djvu/105

November 1831 the armies of Mehemet Ali, the Pasha of Egypt, invaded Syria; the Turks were defeated at the decisive battle of Konieh on 21st December, 1832, and Constantinople would have been attacked but for the assistance rendered to the Porte by Russia. By the Convention of Kutayeh, signed on 14th May, 1833, it was agreed that Mehemet Ali should receive the Governorship of Egypt, Candia, and Syria, and his son Ibrahim the collectorship of Adana. On 8th July following, the Porte concluded, at Unkiar-Skelessi, the alliance with Bussia which gave so much offence to some of the other Powers.

In 1839 the Sultan and the Pasha were again at war. The Turks were beaten at the battle of Nezib, and the Ottoman fleet deserted to the enemy. Instead of allowing the authority of the Porte to be re-established by Russia alone, under the Treaty of Unkiar-Skelessi, the Great Powers determined to bring about this result by their collective action. A Conference of representatives of Great Britain, France, Russia, Prussia, and Austria met at London, and the Sultan, when on the point of yielding, was encouraged by the receipt of a


text:
Page:Public General Statutes 1896.djvu/463

1896. port in such proportions as the Local Government Board think just

(2.) Such port sanitary authority shall raise the proportion of expenses due in respect of their own sanitary district in the same manner as if such expenses had been incurred by them in theordinary manner for the purposes of the principal Act.

(3.) For the purpose of obtaining payment from the contributory sanitary authorities of the sums to be contributed by them, such port sanitary authority shall issue their precept to each such authority, requiring such authority, within a time limited by the precept, to pay the amount therein mentioned to such port sanitary authority, or to such person as such port sanitary authority may direct.

(4.) Any contribution payable by a sanitary authority to such port sanitary authority shall be a debt due from them, and may be recovered accordingly, such contribution in the case of a rural authority being deemed general expenses of that authority. If any sanitary authority make default in complying with the precept addressed to them by such port sanitary authority, such port sanitary authority may, instead of instituting proceedings for the recovery of the debt, or in addition to such proceedings, as to any part of the debt which may for the time being be unpaid, proceed in the summary manner in this Act mentioned to raise within the district of the defaulting authority such sum as may be sufficient to pay the debt due.

(5.) Where several sanitary authorities are combined in the district of one port sanitary authority the Local Government Board may by order declare that some one or more of such authorities shall be exempt from contributing to the expenses incurred by such authorities.

14.—(1.) Where any port sanitary authority, joint board, or Proceedings other authority, are authorised, in pursuance of this Act, to proceed in a summary manner to raise within the district of a defaulting authority such sum as may be sufficient to pay any debt due to within district them, the authority so authorised for the purpose of raising such of a defaulting sum shall, within the district of the defaulting authority, have, so far as relates to the raising such sum, the same powers as if they were the defaulting authority, and as if such sum were expenses properly incurred by the defaulting authority within the district of such authority.

(2.) Where the defaulting authority have power to raise any moneys due for their expenses by levy of a rate from individual ratepayers, the authority to authorised as aforesaid shall have power to levy such a rate by any officer appointed by them, and the officer so appointed shall have the same powers, and the rate shall be levied in the same manner and be subject to the same incidents in all respects as if it were being levied by the officer of the defaulting authority for the payment of the expenses of that authority; and where the defaulting authority have power to raise moneys due for their expenses by issuing precepts, or otherwise requiring payments from any other authorities, the authority so authorised as aforesaid shall have the same power as the defaulting


text:
Help:Table

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Simple
Good example of table used to force layout used in Wikisource From Page:Latin for beginners (1911).djvu/392

Text
.—— ——

—— —— ——  —— ——  —— ——  —— ——  ——

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Moderate
From Page:Latin for beginners (1911).djvu/401

Text
Tense sign -bā- Tense signs I, II, -bi-, III, IV, -ā-, -ē-

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Complex
From Page:Latin for beginners (1911).djvu/407

Text
(-bā-) (-erā-)  (-bā-)

(-bi- or -ā- and -ē-) (-eri-) (-bi- or -ā- and -ē-)

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text:
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444 authority would have of issuing precepts, or otherwise requiring payment from such other authorities.

(3.) Any precepts issued by the authority so authorised as aforesaid for raising the sum due to them may be enforced in the same manner in all respects as if they had been issued by the defaulting authority.

(4.) The authority so authorised as aforesaid may, in making an estimate of the sum to be raised for the purpose of paying the debt due to them, add such sums as they think sufficient, not exceeding ten per cent, on the debt due, and may defray thereout all costs, charges, and expenses (including remuneration to any persons they may employ) to be incurred by such authority by reason of the default of the defaulting authority; and the authority so authorised as aforesaid shall apply all moneys raised by them in payment of the debt due to them, and such costs, charges, and expenses as aforesaid, and shall render the balance, if any, remaining in their hands after such application to the defaulting authority.

15.—(1.) Where complaint is made to the Local Government Board that a sanitary authority has made default in providing their district with sufficient sewers, or in the maintenance of existing local authority. sewers, or in providing their district with a supply of water, in cases where danger arises to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or that a local authority has made default in enforcing any provisions of the Public Health (Ireland) Acts, 1878 to 1890, or this Act, which it is their duty to enforce, the Local Government Board, if satisfied, after due inquiry, that the authority has been guilty of the alleged default, shall make an order limiting a time for the performance of their duty in the matter of such complaint If such duty is not performed by the time limited in the order, such order may be enforced by writ of Mandamus, or the Local Government Board may appoint some person to perform such duty, and shall by order direct that the experses of performing the same, together with a reasonable remuneration to the person appointed for superintending such performance, and amounting to a sum specified in the order, together with the costs of the proceedings, shall be paid by the authority in default; and any order made for the payment of such expenses and costs may be removed into the Queens Bench Division of the High Court, and be enforced in the same manner as if the same were an order of such Division.

(2.) Any person appointed under this section to perform the duty of a defaulting sanitary authority shall, in the performance and for the purposes of such duty, be invested with all the powers of such authority other than the powers of levying rates; and the Local Government Beard may by order change any person so appointed.

(3.) Section two hundred and eleven of the principal Act is hereby repealed.


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 on the subject, and which they have so thoroughly exhausted, that it would be almost impossible to advance any thing new. Persons curious to learn every thing relative to apparitions, will be amply recompensed by consulting the two writers above mentioned. They give to the full as strange recitals as any which are to be found in this work. Although the Abbé Lenglet-Dufresnoy says there really are apparitions; yet he does not appear to believe in them himself: but Dom Calmet finishes (as Voltaire observes) as if he believed what he wrote, and especially with respect to the extraordinary histories of Vampires. And we may add, for the benefit of those anxious to make deeper search into the subject in question, that the Abbé Lenglet-Dufresnoy has given a list of the principal authors who have written on spirits, demons, apparitions, dreams, magic, and spectres.

Since this laborious writer has published this list, Swedenborg and St. Martin have rendered themselves notorious by their Works; and there have also appeared in Germany treatises on this question of the appearance of spirits. The two authors who have the most largely entered into the detail are Wagener and Jung. The first, whose book is entitled The Spectres, endeavours to explain apparitions by at-

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 tributing them to natural causes. But the second, on the contrary, firmly believes in spirits; and his Theory on Phantasmatology furnishes us with an undoubted proof of this assertion. This work, the fruit of an ardent and exalted imagination, is in some degree a manual to the doctrines of the modern Seers, known in Germany under the denomination of Stillingianer. They take their name from Stilling, under which head Jung has written memoirs of his life, which forms a series of different works. This sect, which is actually in existence, is grafted on the Swedenborgians and Martinisme, and has a great number of adherents, especially in Switzerland. We also see in the number of the (English) Monthly Review for December 1811, that Mrs. Grant has given a pretty circumstantial detail of the apparitions and spirits to which the Scottish mountaineers attach implicit faith.

In making choice of the stories for my translations from the German, which I now offer to the public, I have neglected nothing to merit the approbation of those who take pleasure in this species of reading: and if this selection has the good fortune to meet with any success, it shall be followed by another; in which I shall equally endeavour to excite the curiosity of the lovers of romance; while to those who are

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Page:The Coming Colony Mennell 1892.djvu/7

 THE COMING COLONY.

PRACTICAL

NOTES

ON

WESTERN AUSTRALIA

BY

PHILIP MENNELL, F.R.G.S.

LONDON:

HUTCHINSON & Co.,

PATERNOSTER SQUARE.


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 ESTABLISHED 1837. INCORPORATED 1880.

RICHARD JAS. ASHTON, ARTHUR P. BLAKE, CHAS. E. BRIGHT,, C.M.G. FREDERICK G. DALGETY, FREDERICK FANNING. ARTHUR FLOWER,

Sm R. G. W. HERBERT, K.C.B. WILLIAM O. GILCHRIST, JOHN S. HILL, HILLINGDON. SIR CHARLES NICHOLSON, HENRY P. STURGIS,

THE RIGHT HON. LORD HILLINGDON. THE HON. PASCOE [sic] C. GLYN. ARTHUR FLOWER,

THE BANK OF ENGLAND, and Messas. GLYN, MILLS, CURRIE & CO. —WILLIAM RICHMOND MEWBURN, —WILLIAM EDWARD CARBERY, —JOHN H. J. SELFE,

The Bank has numerous Branches throughout the Colonies of VICTORIA, NEW SOUTH WALES, QUEENSLAND, SOUTH AUSTRALIA, TASMANIA, NEW ZEALAND and FIJI.

In its Branches are—

PERTH. BROOME HILL. FREMANTLE. BUNBURY. YORK.

ALBANY. GERALDTON.

Letters of Credit and Bills of Exchange upon the Branches are issued by the Head Office, and may also be obtained from the Bank's Agents throughout England, Scotland, and Ireland.

Telegraphic Remittances are made to the Colonies.

Bills on the Colonies are purchased or sent for collection. Deposits received in London at rates of Interest, and for periods, which may be ascertained on application.

Banking Business of every description transacted with the Colonies.

W. R. MEWBURN, Manager.

,, 1892.


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 difficult to please, and to whom it seems strange that any one should attach the slightest degree of faith to such relations, I merely say,—Remember the words of Voltaire at the beginning of the article he wrote on “Apparition,” in his Philosophical Dictionary: “It is no uncommon thing for a person of lively feelings to fancy he sees what never really existed.”

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 SIR W. C. F. ROBINSON, G.C.M.G .,

GOVERNOR OF WESTERN AUSTRALIA.


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 PRACTICAL NOTES

PHILIP MENNELL, F.R.G.S.

LONDON:

HUTCHINSON & CO.,

25, PATERNOSTER SQUARE.


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Rh He, as Colebrooke was the first to point out, takes Mahidâsa 'to be an incarnation of Nârâyana, proceeding from Visâla, son of Abga,' and he adds, that on the sudden appearance of this deity at a solemn celebration, the whole assembly of gods and priests (suraviprasangha) fainted, but at the intercession of Brahmâ, they were revived, and after making their obeisance, they were instructed in holy science. This avatâra was called Mahidâsa, because those venerable personages (mahin) declared themselves to be his slaves (dâsa).

In order properly to understand this legend, we must remember that Ânandatîrtha, or rather Visvesvaratîrtha, whose commentary he explains, treated the whole of the Mahaitareya-upanishad from a Vaishnava point of view, and that his object was to identify Mahidâsa with Nârâyana. He therefore represents Nârâyana or Hari as the avatâra of Visâla, the son of Brahman (abgasuta), who appeared at a sacrifice, as described before, who received then and there the name of Mahidâsa (or Mahîdâsa), and who taught this Upanishad. Any other person besides Mahidâsa would have been identified with the same ease by Visvesvaratîrtha with Vishnu or Bhagavat.

A third legend has been made up out of these two by European scholars who represent Mahidâsa as the son of Visâla and Itarâ, two persons who probably never met before, for even the Vaishnava commentator does not attempt to take liberties with the name of Aitareya, but simply states that the Upanishad was called Aitareyî, from Aitareya.

Leaving these legends for what they are worth, we may at all events retain the fact that, whoever was the author of the Aitareya-brâhmana and the first three books of the Aitareya-âranyaka, was not the author of the two concluding Âranyakas. And this is confirmed in different ways. Sâyana, when quoting in his commentary on the Rig-veda from the last books, constantly calls it a Sûtra of Saunaka, while the fourth Âranyaka is specially ascribed


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the preparation of the present "Notes" on Western Australia, the writer's personal observations of the colony, made in June of last year, have been supplement ed by much valuable information derived from Mr. Nicolay's "Handbook of Western Australia"; "The Western Australian Year-book for 1890," edited by the Registrar-General of the colony, Mr. Malcolm A. C. Fraser; "The Western Australian Hand-book," issued by the Emigrants' Information Office In London; Pierssene's "Albany Guide and Hand-book of Western Australia"; the Report of the Royal Commission on Agriculture (1887 to 1890); Mr. James Martin's excellent report on the operations of the West Australian Land Company, Limited, written in April, 1890, and the descriptive prospectus of their lands issued by that Company. The writer has also derived much additional and confirmatory data respecting the Midland Railway Company's concession from the report compiled by that unusually honest an d outspoken observer, Dr. J. R. M.


text:
Author:Charles Grenfell Nicolay

Works

 * Handbook of Western Australia

title: Author:Charles Grenfell Nicolay


text:
Author talk:Charles Grenfell Nicolay

England & Wales, National Probate Calendar (Index of Wills and Administrations)

 * 1898 > N p.27

NICOLAY the reverend Charles Grenfell of Fremantle colony of Western Australia chaplain died 9 May 1897 Administration (with Will) (Limited) London 10 February to Herbert Dering Haslewood solicitor the attorney of Mary Ann Nicolay Effects £155 8s.

Birth
Name: 	Charles Grenfell Nicolay Date of Registration: 	Sep Q. 1848 Registration district: 	Kensington Volume: 	3 Page: 	355

title: Author talk:Charles Grenfell Nicolay


text: The Dictionary of Australasian Biography/Frankland, Frederick William


text: The Dictionary of Australasian Biography/Franklin, Lady


text: The Dictionary of Australasian Biography/Franklyn, Henry Mortimer


text: The Dictionary of Australasian Biography/Fraser, Hon. Alexander


text: The Dictionary of Australasian Biography/Fraser, Sir Malcolm


text: The Dictionary of Australasian Biography/Fraser, Hon. Simon


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Page:The complete poetical works of Percy Bysshe Shelley, including materials never before printed in any edition of the poems.djvu/13

Rh of his Examination may be named Marenghi, Prince Athanase, The Witch of Atlas, To Constantia, the Ode to Naples, and (last, not least) Prometheus Unbound. Full use has been made in this edition of Mr. Locock’s collations, and the fragments recovered and printed by him are included in the text. Variants derived from the Bodleian MSS. are marked B. in the footnotes.

On the state of the text generally, and the various quarters in which it lies open to conjectural emendation, I cannot do better than quote the following succinct and luminous account from a Causerie on the Shelley MSS. in the Bodleian Library, contributed by Dr. Richard Garnett, C.B., to the columns of The Speaker of December 19, 1903:—

‘From the textual point of view Shelley’s works may be divided into three classes—those published in his lifetime under his own direction; those also published in his lifetime, but in his absence from the press; and those published after his death. The first class includes Queen Mab, The Revolt of Islam, and Alastor with its appendages, published in England before his final departure for the continent; and The Cenci and Adonais, printed under his own eye at Leghorn and Pisa respectively. Except for some provoking but corrigible misprints in The Revolt of Islam and one crucial passage in Alastor, these poems afford little material for conjectural emendation; for the Alexandrines now and then left in the middle of stanzas in The Revolt of Islam must remain untouched, as proceeding not from the printer’s carelessness but the author’s. The second class, poems printed during Shelley’s lifetime, but not under his immediate inspection, comprise Prometheus Unbound and Rosalind and Helen, together with the pieces which accompanied them, Epipsuchidion, Hellas, and Swellfoot the Tyrant. The correction of the most important of these, the Prometheus, was the least satisfactory. Shelley, though speaking plainly to the publisher, rather hints than expresses his dissatisfaction when writing to Gisborne, the corrector, but there is a pretty clear hint when on a subsequent occasion he says to him, “I have received Hellas, which is prettily printed, and with fewer mistakes than any poem I ever published.” This also was probably not without influence on is determination to have The Cenci and Adonais printed in Italy. . . . . . Of the third class of Shelley’s writings—those which were first published after his death—sufficient facsimiles have been published to prove that Trelawny’s graphic description of the chaotic state of most of them was really in no respect exaggerated. . . . . The difficulty is much augmented by the fact that these pieces are rarely consecutive, but literally disiecti membra poetae scattered through various notebooks in a way to require piecing together as well as deciphering. The editors of the Posthumous Poems, moreover, though diligent according to their light, were neither endowed with remarkable acumen nor possessed of the wide knowledge requisite for the full intelligence of so erudite a poet as Shelley, hence the perpetration


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User:DivermanAU/common.js

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viii of numerous mistakes. Some few of the MSS., indeed, such as those of The Witch of Atlas, Julian and Maddalo, and the Lines at Naples, were beautifully written out for the press in Shelley’s best hand, but their very value and beauty necessitated the ordeal of transcription, with disastrous results in several instances. An entire line dropped out of the Lines at Naples, and although Julian and Maddalo was extant in more than one very clear copy, the printed text had several such sense-destroying errors as least for lead.

‘The corrupt state of the text has stimulated the ingenuity of numerous correctors, who have suggested many acute and convincing emendations, and some very specious ones which sustained scrutiny has proved untenable. It should be needless to remark that success has in general been proportionate to the facilities of access to the MSS., which have only of late become generally available. If Shelley is less fortunate than most modern poets in the purity of his text, he is more fortunate than many in the preservation of his manuscripts. These have not, as regards a fair proportion, been destroyed or dispersed at auctions, but were protected from either fate by their very character as confused memoranda. As such they remained in the possession of Shelley’s widow, and passed from her to her son and daughter-in-law. After Sir Percy Shelley’s death, Lady Shelley took the occasion of the erection of the monument to Shelley at University College, Oxford, to present [certain of] the MSS. to the Bodleian Library, and verse and sculpture form an imperishable memorial of his connection with the University where his residence was so brief and troubled.’


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Rh In placing Queen Mab at the head of the Juvenilia I have followed the arrangement adopted by Mr. Buxton Forman in his Library Edition of 1876. I have excluded The Wandering Jew, having failed to satisfy myself of the sufficiency of the grounds on which, in certain quarters, it is accepted as the work of Shelley. The shorter fragments are printed, as in Professor Dowden’s edition of 1890, along with the miscellaneous poems of the years to which they severally belong, under titles which are sometimes borrowed from Mr. Buxton Forman. sometimes of my own choosing. I have added a few brief Editor’s Notes, mainly on textual questions, at the end of the book. Of the poverty of my work in this direction I am painfully aware; but in the present edition the ordinary reader will, it is hoped, find an authentic, complete, and accurately printed text, and, if this be so, the principal end and aim of the will have been attained.

I desire cordially to acknowledge the courtesy of Mr. H. Buxton Forman, C.B., by whose kind sanction the second part of The Daemon of the World appears in this volume. And I would fain express my deep sense of obligation for manifold information and guidance, derived from Mr. Buxton Forman’s various editions, reprints and other publications—especially from the monumental Library Edition of 1876. Acknowledgements are also due to the poet’s grandson, Charles E. J. Esdaile, Esq., for permission to include the early poems first printed in Professor Dowden’s Life of Shelley; and to Mr. C. D. Locock, for leave to make full use of the material contained in his interesting and stimulating volume. To Dr. Richard Garnett, C.B., and to Professor Dowden, cordial thanks are hereby tendered for good counsel cheerfully bestowed. To two of the editors of the Shelley Society Reprints, Mr. Thomas J. Wise and Mr. Robert A. Potts—both generously communicative collectors—I am deeply indebted for the gift or loan of scarce volumes, as well as for many kind offices in other ways. Lastly, to the staff of the Oxford University Press my heartiest thanks are owing, for their unremitting care in all that relates to the printing and correcting of the sheets.

THOMAS HUTCHINSON. December, 1904.

—In a valuable paper, ‘Notes on Passages in Shelley,’ contributed to The Modern Language Review (October, 1905), Mr. A. C. Bradley discussed, amongst other things, some fifty places in the text of Shelley’s verse, and indicated certain errors and omissions in this edition. With the aid of these Notes the editor has now carefully revised the text, and has in many places adopted the suggestions or conclusions of their accomplished author.

June, 1913.


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have long existed to my presenting the public with a perfect edition of Shelley’s Poems. These being at last happily removed, I hasten to fulfil an important duty,—that of giving the productions of a sublime genius to the world, with all the correctness possible, and of, at the same time, detailing the history of those productions, as they sprang, living and warm, from his heart and brain. I abstain from any remark on the occurrences of his private life, except inasmuch as the passions which they engendered inspired his poetry. This is not the time to relate the truth; and I should reject any colouring of the truth. No account of these events has ever been given at all approaching reality in their details, either as regards himself or others; nor shall I further allude to them than to remark that the errors of action committed by a man as noble and generous as Shelley, may, as far as he only is concerned, be fearlessly avowed by those who loved him, in the firm conviction that, were they judged impartially, his character would stand in fairer and brighter light than that of any contemporary. Whatever faults he had ought to find extenuation among his fellows, since they prove him to be human; without them, the exalted nature of his soul would have raised him into something divine.

The qualities that struck any one newly introduced to Shelley were,—First, a gentle and cordial goodness that animated his intercourse with warm affection and helpful sympathy. The other, the eagerness and ardour with which he was attached to the cause of human happiness and improvement; and the fervent eloquence with which he discussed such subjects. His conversation was marked by its happy abundance, and the beautiful language in which he clothed his poetic ideas and philosophical notions. To defecate life of its misery and its evil was the ruling passion of his soul; he dedicated to it every power of his mind, every pulsation of his heart. He looked on political freedom as the direct agent to effect the happiness of mankind; and thus any new-sprung hope of liberty inspired a joy and an exultation more intense and wild than he could have felt for any personal advantage. Those who have never experienced the workings of passion on general and unselfish subjects cannot understand this; and it must be difficult of comprehension to the younger generation rising around, since they cannot remember the scorn and hatred with which the partisans of reform were regarded some few years ago, nor the persecutions to which they were exposed. He had been from youth the victim of the state of feeling inspired by the reaction of the French Revolution; and believing firmly in the justice and excellence of his views, it cannot be wondered that a nature as sensitive, as impetuous, and as generous as his, should put its whole force into the attempt to alleviate for others the evils of those systems from which he had himself suffered. Many advantages attended his birth; he spurned them all when balanced with what he considered his duties. He was generous to imprudence, devoted to heroism.


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Author:Malcolm Alexander Clement Fraser

Works

 * The Western Australian Hand-book

title: Author:Malcolm Alexander Clement Fraser


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Rh These characteristics breathe throughout his poetry. The struggle for human weal; the resolution firm to martyrdom; the impetuous pursuit, the glad triumph in good; the determination not to despair;—such were the features that marked those of his works which he regarded with most complacency, as sustained by a lofty subject and useful aim.

In addition to these, his poems may be divided into two classes,—the purely imaginative, and those which sprang from the emotions of his heart. Among the former may be classed the Witch of Atlas, Adonais, and his latest composition, left imperfect, the Triumph of Life. In the first of these particularly he gave the reins to his fancy, and luxuriated in every idea as it rose; in all there is that sense of mystery which formed an essential portion of his perception of life—a clinging to the subtler inner spirit, rather than to the outward form—a curious and metaphysical anatomy of human passion and perception.

The second class is, of course, the more popular, as appealing at once to emotions common to us all; some of these rest on the passion of love; others on grief and despondency; others on the sentiments inspired by natural objects. Shelley’s conception of love was exalted, absorbing, allied to all that is purest and noblest in our nature, and warmed by earnest passion; such it appears when he gave it a voice in verse. Yet he was usually averse to expressing these feelings, except when highly idealized; and many of his more beautiful effusions he had cast aside unfinished, and they were never seen by me till after I had lost him. Others, as for instance Rosalind and Helen and Lines written among the Euganean Hills, I found among his papers by chance; and with some difficulty urged him to complete them. There are others, such as the Ode to the Skylark and The Cloud, which, in the opinion of many critics, bear a purer poetical stamp than any other of his productions. They were written as his mind prompted: listening to the carolling of the bird, aloft in the azure sky of Italy; or marking the cloud as it sped across the heavens, while he floated in his boat on the Thames.

No poet was ever warmed by a more genuine and unforced inspiration. His extreme sensibility gave the intensity of passion to his intellectual pursuits; and rendered his mind keenly alive to every perception of outward objects, as well as to his internal sensations. Such a gift is, among the sad vicissitudes of human life, the disappointments we meet, and the galling sense of our own mistakes and errors, fraught with pain; to escape from such, he delivered up his soul to poetry, and felt happy when he sheltered himself, from the influence of human sympathies, in the wildest regions of fancy. His imagination has been termed too brilliant, his thoughts too subtle. He loved to idealize reality; and this is a taste shared by few. We are willing to have our passing whims exalted into passions, for this gratifies our vanity; but few of us understand or sympathize with the endeavour to ally the love of abstract beauty, and adoration of abstract good, the of the Socratic philosophers, with our sympathies with our kind. In this, Shelley resembled Plato; both taking more delight in the abstract and the ideal than in the special and tangible.