(Ireland) Act, 1900. As to forms and costs. 14 & 15 Vict. c. 93. Power for loan societies to compromise debts. Part of c. 91. s. 58, not Definition. Short title and mode of citation. (3.) The court may, if it thinks fit, order that the amount found due on such account shall be paid by such instalments extending over such period (not exceeding three years) as the court may think fit. (4.) In taking such account there shall be no periodical rests. and no sums shall be allowed in respect of compound interest. (5.) If, on taking such account, any balance is found due by the loan society, judgment for the amount of such balance shall be given in favour of the defendant. 3.-(1.) In any proceedings under the principal Act the forms in the schedules to the Petty Sessions (Ireland) Act, 1851, shall, wherever applicable, be used instead of the forms in the schedules to the principal Act, and costs, which shall be in the discretion of the court, may be awarded to the amount mentioned in section twenty-two of the said Act of 1851. (2.) Out of any sum awarded in respect of costs under the foregoing enactment, the court may award such sum as it thinks fit, as remuneration for taking any account under the principal Act as amended by this Act, to be paid to such person as the court may appoint to take the account. 4. A loan society acting under the principal Act may, if they think fit, accept any composition on any security, real or personal, for any debt, and may allow any time for payment for any debt, and may compromise, compound, abandon, submit to arbitration, or otherwise settle, any debt, account, claim, or thing whatever, arising under the principal Act or this Act, and for any of those purposes may enter into, give, execute, and do such agreements, instruments of composition or arrangement, releases, and other things, as to them seem expedient without being responsible for any loss occasioned by any act or thing so done by them in good faith. 5. So much of section fifty-eight of the principal Act as enables a Justice of the Peace who may be a trustee or other unpaid officer or member of a loan society to adjudicate in the matters therein mentioned shall not apply to any proceedings instituted under or by virtue of this Act. 6. The expression "fines" in this Act shall include any sums charged for stamps, fees, or costs in respect of summonses under the principal Act which were not in fact issued, or documents purporting to be such summonses. 7. This Act may be cited as the Charitable Loan Societies (Ireland) Act, 1900, and may be cited with the principal Act. CHAPTER 26. An Act to amend the Law relating to and to matters connected therewith. Charges on Land [30th July 1900.] 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: Office of busi 1.-(1.) The business of the registrar of judgments hitherto Transfer to conducted in the central office of the Supreme Court shall be Land Registry conducted in the Office of Land Registry, and the Lord Chancellor ness relating may by order provide for transferring to the Office of Land to the registry of judgments. Registry such officers as may be required for conducting that business, and such books and papers as may be needed in connexion therewith, and for carrying out any arrangements incidental to or consequential on the transfer, and for abolishing the office of registrar of judgments. (2.) Provided that nothing in this section shall apply to the registry of Scotch and Irish judgments established under the 31 & 32 Vict. Judgments Extension Act, 1868, and the Inferior Courts Judgments c. 54. Extension Act, 1882, or any Act amending the same. (3.) This section shall come into operation on such day as the Lord Chancellor at any time after the passing of this Act may by order direct. 45 & 46 Vict. c. 31. 2.-(1.) A judgment or recognizance, whether obtained or losing of entered into on behalf of the Crown or otherwise, and whether register of judgments. obtained or entered into before or after the commencement of this Act, shall not operate as a charge on land, or on any interest in land, or on the unpaid purchase money for any land, unless or until a writ or order for the purpose of enforcing it is registered under section five of the Land Charges Registration and Searches 51 & 52 Vict. Act, 1888. (2.) This section shall apply to any inquisition finding a debt due to the Crown, and any obligation or specialty made to the Crown, and any acceptance of office from or under the Crown, whatever may have been its date, in like manner as it applies to a judgment. c. 51 2 & 3 Vict. c. 11. (3.) Except under an order of the High Court, no entry shall be made in any register kept under sections nineteen and twenty- 1 one of the Judgments Act, 1838, section eight of the Judgments Act, 1839, the Law of Property Amendment Act, 1860, the 27 Judgments Act, 1864, or the Crown Suits, &c. Act, 1865. & 2 Vict. c. 110. 23 & 24 Vict. c. 38. & 28 Vict. c. 112. 28 & 29 Vict. c. 104. c. 51. 3. Section six of the Land Charges Registration and Searches Amendments. Act, 1888, shall apply to every writ and order affecting land issued of 51 & 52 Vict. or made by any court for the purpose of enforcing a judgment, whether obtained on behalf of the Crown or otherwise, and whether obtained before or after the commencement of this Act, and to every delivery in execution or other proceeding taken in pursuance of any such writ or order, er in obedience thereto. E 7 Anne c. 20 not to apply to certain charges. Repeal. Extent, commencement, short title, and construction. 4. From and after the passing of this Act the Middlesex Registry Act, 1708, shall not apply to any instrument made after the passing of this Act and capable of registration under this Act or the Land Charges Registration and Searches Act, 1888. 5. As from the commencement of this Ast the enactments specified in the schedule to this Act are hereby repealed to the extent mentioned in the third column of that schedule. 6.-(1.) This Act shall not extend to Scotland or Ireland. (2.) This Act shall, except as otherwise expressly provided, come into operation on the first day of July one thousand nine hundred and one. (3.) This Act may be cited as the Land Charges Act, 1900, and 51 & 52 Vict. shall be construed as one with the Land Charges Registration and Searches Act, 1888. c. 51. 3 & 4 Vict. c. 82. The Judgments Act, Section two. 27 & 28 Vict. c. 112. The Judgments Act, Sections one, two, and three, 1864. and, in section four, the words "and whose writ or other process of execution shall be duly registered." 28 & 29 Vict. c. 104. The Crown Suits, &c. Sections forty-eight and forty Act, 1865. nine. 51 & 52 Vict. c. 51. The Land Charges Proviso (a) of section six. and Registration www of Accidents) Act, 1900. CHAPTER 27. An Act for the better Prevention of Accidents on BE [30th July 1900.] 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: as to 1. (1.) The Board of Trade may, subject to the provisions of Power to this Act, make such rules as they think fit with respect to any of make rules the subjects mentioned in the schedule to this Act, with the dangerous object of reducing or removing the dangers and risks incidental railway to railway service. (2.) Where the Board of Trade consider that avoidable danger to persons employed on any railway arises from any operation of railway service (not being a matter in respect to which rules may be made under the foregoing provisions of the section), whether that danger arises from anything done or omitted to be done by the railway company or any of its officers or servants, or from any want of proper appliances or plant, they may, subject to the provisions of this Act, after communicating with the railway company, and giving them a reasonable opportunity of reducing or removing the danger or risk, make rules for that purpose. (3.) The Board of Trade may, by any rules made under this section, require amongst other matters the use of any plant or appliance which has been shown to the satisfaction of the Board of Trade to be calculated to reduce danger to persons employed on a railway, or the disuse of any plant or appliance which has been similarly shown to involve such danger. (4.) The Board of Trade shall, by any rule made by them under this section, give a reasonable time for carrying out the requirements of the rule. operations. and consideration of 2.-(1.) When the Board of Trade propose to make any rules Publication under this Act, the Board shall publish in the London Gazette, notice of the proposal to make the rules, and of the place where draft rules. copies of the draft rules may be obtained, and of the time, not being less than one month, within which any objection or suggestion made with respect to the draft rules by or on behalf of persons affected must be lodged with the Board, and shall take such other steps as they think best adapted for giving information with respect to those matters to persons affected. (2.) The Board of Trade shall consider any objection or suggestion made by or on behalf of persons appearing to them to be affected which is lodged within the required time, and give to any person lodging any such objection or suggestion an opportunity of communicating with the Board on the matter. (3.) The Board of Trade may modify the draft rules in such manner as may seem expedient on consideration of the objections. or suggestions, and may, if they think fit, withdraw any draft rule Reference of sioners. Questions to be kept in view in considering objections. Making of rules. Power to refer objections to referee. Application of rules. Power to make an of Accidents) Act, 1900. without prejudice to the power of making a new rule with respect to the same matter. 3.-(1.) If, after the consideration of any such objection (including an objection relating to any matter within the discretion of the Board of Trade) the person who has made it is not satisfied with the mode in which the objection is dealt with, he may, by notice in writing to the Board of Trade given within the time limited in that behalf by the Board, require the Board to refer the objection to the Railway and Canal Commissioners, and the Board shall so refer the objection accordingly. (2.) The Commissioners shall consider whether any objection so referred to them is reasonable or not, and if they determine that the objection is reasonable the rule to which the objection relates shall not be made. 4. The Board of Trade, in considering any objection to a draft rule, and the Commissioners, in considering any objection referred to them, shall, amongst other matters, have regard to the question whether the requirements of the rule would materially interfere with the trade of the country, or with the necessary operations of any railway company. 5.-(1.) The Board of Trade, after the consideration of objections and suggestions, shall (except when they withdraw the rules) send a copy of the rules as proposed to be made to each objector, and shall fix a limit of time, not being less than one month, within which any notice requiring an objection to be referred to the Commissioners is to be given to the Board. (2.) If no such notice is given to the Board of Trade within the time so limited, the Board may make the rules as proposed to be made; but if any such notice is given within that time the Board shall not make the rules until the Commissioners have given their decision on the objection, and have decided against it. 6. The Board of Trade shall, on being satisfied that it is the general desire of the objectors, refer to a referee appointed by the Board of Trade any objections which the Board are required to refer to the Railway and Canal Commissioners, and thereupon the referee shall take the same proceedings, and have regard to the same matters, and his decision shall have the same effect, as if the objections had been referred to the Commissioners. 7. Rules made under this Act may apply either generally, or to any particular railways or class of railways, and may provide for the exemption from their operation of any specified railways or class of railways. 8. Where, in the opinion of the Board of Trade, the requirements of the case would be better met by a specific order or order or give direction than by a general rule, the Board of Trade may make such an order or direction in the same manner as they may make a rule under this Act, and subject to the same provisions, and the a direction in place of a rule. |