Plaintiff not to

tender of

amends.

if the plaintiff or plaintiffs shall become nonsuited, or shall suffer a discontinuance of his, her, or their action after the defendant or defendants shall have appeared thereto, or if a verdict shall pass against the plaintiff or plaintiffs therein, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have his, her, or their costs, and shall have such remedy for recovering the same as defendants have for recovering costs of suit by law in any other cases.

XXVIII. No plaintiff shall recover in any action for any recover after irregularity, trespass, or other wrongful proceeding made or committed in the execution of this act if tender of sufficient amends shall have been made by or on behalf of the party or parties who shall commit such irregularity, trespass, or other wrongful proceeding before such action brought; and in case no tender shall have been made it shall be lawful for the defendant or defendants in any such action, by leave of the court wherein such action shall depend, at any time before issue joined to pay into court such sum or sums of money as he, she, or they shall think fit, whereupon proceedings, order, and adjudication shall be had and made in and by such court as in other actions where defendants are allowed to pay money into court.

SALE OF GAS ACT AMENDMENT ACT, 1860.

23 & 24 VICT. CAP. 146.

An Act to amend the Act for regulating Measures used in
Sales of Gas.
[28th August, 1860.]

WHEREAS delays have occurred in preparing the models of
measures, according to the provisions of an act passed in the
last session of parliament, intituled "An Act for regulating 22 & 23 Vict.
measures used in sales of gas," and it is expedient to defer c. 66.
the time when several of the provisions of the said act come
into operation, and further to amend the same: 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. Except as to things done before the passing of this act under the authority of the said act, where in the said act anything is required to be done within a specified time after the passing of the same, such time shall be calculated as if the thirteenth day of October, one thousand eight hundred and sixty, had been the date of the passing of the said act: provided always, that, notwithstanding anything in the said act contained, the said act shall not come into operation in any county of England until the magistrates of such county in quarter sessions, or in any county in Scotland until the commissioners of supply of such county, or in any county of Ireland until the grand jury of such county, shall have resolved to bring such county under the operation of the act.

By the 24 & 25 Vict. c. 79, s. 2, so much of this section as respects the metropolis is repealed. See post.

Calculation of in recited act. time specified

covery of

II. This act and the recited act shall be construed together Construction as one act, and all penalties and forfeitures incurred under of acts and rethe provisions of either act shall be sued for and recoverable penalties. in all counties, ridings, or divisions in England and Ireland before two or more justices of the peace at petty sessions, or before the mayor or other chief magistrate of any city, borough, town, or place.

w.

Н

SALE OF GAS (SCOTLAND) ACT, 1864.

22 & 23 Vict. c. 66.

.27 & 28 VICT. CAP. 96.

An Act to enable certain Royal and Parliamentary Burghs in Scotland to avail themselves of the Provisions of the Acts Twenty-second and Twenty-third Victoria, Chapter Sixtysix, and Twenty-third and Twenty-fourth Victoria, Chapter One hundred and forty-six, for regulating the Sale of Gas. [29th July, 1864.] WHEREAS by an act passed in the twenty-second and twentythird years of the reign of her present majesty, intituled "An Act for regulating measures used in sales of gas," royal burghs in Scotland not being county towns were enabled to avail themselves of the provisions of the said act, and it was compulsory on counties and royal burghs being county towns to bring the said act into operation: and whereas by another act passed in the twenty-third and twenty-fourth years of her 23 & 24 Vict. present majesty, intituled "An Act to amend the Act for regulating measures used in sales of gas," it was rendered optional in counties to avail themselves of the provisions of the said first-mentioned act: and whereas the limits of certain royal burghs forming portions of parliamentary burghs are not co-extensive with the parliamentary boundaries, and in consequence thereof the provisions of the said first-mentioned act, if adopted by these royal burghs, would not apply to the whole district within the parliamentary boundaries; and it is expedient that powers should be conferred to render the provisions of the said acts applicable within the said parliamentary boundaries; therefore 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:

c. 146.

Magistrates of certain burghs

1. The magistrates of any royal burgh whose ordinary may apply to jurisdiction has been extended beyond the bounds thereof by act or acts of parliament, or of any parliamentary burgh

their district

provisions of recited acts.

having a population of twenty thousand, in which burgh the said acts have not been brought into operation, may, at any meeting to be called for the purpose, resolve that the provisions of the said recited acts shall be applicable to the whole district subject to their jurisdiction on and after a certain date to be fixed by them; and on the said resolution being come to the magistrates shall publish the same and make proclamation thereof at least three months before the said date so fixed, and thereafter the said recited acts shall apply to and may be enforced by the said magistrates within the whole district subject to the jurisdiction of the said magistrates: provided always, that where in the first-recited act anything is required to be done within a specified time after the passing thereof, such time shall for the purposes of this act be calculated from the date fixed in the said resolution for the provisions of the said recited acts coming into operation with respect to such

district.

THE METROPOLIS GAS ACT, 1860.

Short title.

23 & 24 VICT. CAP. 125.

An Act for better regulating the Supply of Gas to the
Metropolis.
[28th August, 1860.]
WHEREAS the following gas companies, (that is to say):
"The Gaslight and Coke Company," "The City of London
Gaslight and Coke Company," "The Commercial Gaslight
and Coke Company," "The Equitable Gaslight Company,"
"The Great Central Gas Consumers Company," "The
Independent Gaslight and Coke Company," "The Lon-
don Gaslight Company," "The Phoenix Gaslight and Coke
Company," "The Ratcliff Gaslight and Coke Company,"
"The Surrey Consumers Gas Company," "The South Metro-
politan Gaslight and Coke Company," "The Western Gas-
light Company (Limited)," "The Imperial Gaslight and Coke
Company," or some of them, are respectively incorporated
under the authority of parliament for the purpose of supplying
several districts of the metropolis with gas; and the said com-
panies, instead of supplying gas by several mains in the same
district, have agreed, as far as possible, each one to confine
its supply to a separate district, in order to economise capital
and avoid the too frequent opening of the public streets; and,
subject to the provisions and restrictions of this act, it is ex-
pedient that such districting should receive the sanction of
parliament: and whereas the regulations to which those com-
panies are subject are not uniform: and whereas it is expedient
that provision be made for the due regulation of all companies
and persons supplying gas within the metropolis; may it,
therefore, please your majesty that it may be enacted; and 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 (that is to say):

I. This act may for all purposes be cited as "Metropolis
Gas Act, 1860,"