(2.) The fabric fand shall be a first charge on the revenues of the Dean and Chapter of Westminster, and shall be set apart in such manner as may be from time to time approved by the Ecclesiastical Commissioners upon the application of the Dean and Chapter, and the dean and canons shall not be entitled to receive for their own use any sum out of the said capitular revenues until the fabric fund, or a proper proportion thereof, has been set apart in accordance with this Act.

(3.) The Dean and Chapter of Westminster shall annually within one month after the first day of January or any other date up to which the capitular accounts are made up, send to the Ecclesiastical Commissioners an account showing the mode in which the fabric fund has been expended during the previous year, and if the Ecclesiastical Commissioners consider that any sum has been expended out of the fabric fund for any purpose to which that fund is not applicable, and, after hearing any explanation of the Dean and Chapter, consider that such sum ought to be replaced, and require the Dean and Chapter to replace the same, the Dean and Chapter shall, subject to the provisions of this section with respect to reference to arbitration, repay that sum to the fabric fund out of any of their other

revenues.

(4.) The Dean and Chapter of Westminster may from time to time borrow, and the Ecclesiastical Commissioners may lend, on the security of the fabric fund, any capital sum or sums which the Dean and Chapter show to the satisfaction of the Ecclesiastical Commissioners to be required for the restoration or repair of the collegiate church or other buildings maintainable out of the fabric fund; and the money so borrowed shall be expended to the satisfaction of the Ecclesiastical Commissioners in substantial repairs or restoration of the said church or buildings.

(5.) An act of the Dean and Chapter under their capitular seal assented to by the Ecclesiastical Commissioners under their common seal and specifying the terms of any such loan shall be a sufficient authority to the Ecclesiastical Commissioners to retain out of the annual money payment due from them to the Dean and Chapter such sums as may from time to time be due for the principal of or interest on any such loan.

(6.) Any surplus of the fabric fund in any year over and above the expenditure properly payable thereout, shall be invested by the Dean and Chapter of Westminster until required for the purposes of the fabric fund, and the income of the investment shall form part of the fabric fund.

(7.) If it appears to the Ecclesiastical Commissioners that the Dean and Chapter of Westminster have made default in sending in an account or in repaying any sum as required by or in pursuance of this section, the Ecclesiastical Commissioners may by notice under their common seal require the Dean and Chapter to remedy such default, and after such requirement has been served on the dean, the dean and canons shall not be entitled to receive for their own use any sum out of the capitular revenues until such default has been remedied.

(8.) Provided that if any question arises between the Dean and Chapter and the Ecclesiastical Commissioners as to the application of the fabric fund, or as to whether any such default has been made as in this section mentioned, the question may, on the joint application of the Dean and Chapter and of the Ecclesiastical Commissioners, be referred to the arbitration of some person being or having been Lord High Chancellor of Great Britain, or one of the Lords of Appeal in Ordinary, or a member of the Judicial Committee of Her Majesty's most Honourable Privy Council, or a Judge of Her Majesty's Court of Appeal or High Court of Justice, and the decision of that person shall be final.

5.-(1.) Where it appears to the Ecclesiastical Commissioners to be expedient for the purpose of maintaining the fabric fund, or of facilitating or expediting the repayment of any sum of money borrowed in pursuance of this Act on the security of the fabric fund, to suspend a canonry in the collegiate church of Saint Peter, Westminster, the Commissioners mitting a certificate thereof under their com may certify the same to Her Majesty by trans

mon seal to the Commissioners of Her Majesty's Treasury, and such certificate shall be published in the London Gazette, and thereupon the canonry referred to in such certificate shall be suspended, that is to say, in the event of any vacancy thereof, no person shall be presented or instituted thereto, and such suspension shall last until the Ecclesiastical Commissioners certify in like manner that such suspension is no longer required for the purposes aforesaid.

(2.) When a suspended canonry is vacated, then during such suspension the income otherwise payable to the holder of such canonry and also the rent received in respect of any house or premises which otherwise would be his official house shall, after deducting the expenses incurred by reason of such suspension, be carried to the fabric fund of the Dean and Chapter of Westminster.

(3.) Nothing in this section shall authorise the suspension of any canonry to which a rectory in Westminster is for the time being annexed.

6. The Dean and Chapter of Westminster may from time to time, with the approval of their visitor and of the Ecclesiastical Commissioners, make such amendments in the provisions of their statutes with respect to the members of their collegiate establishment as may appear to be expedient for the purpose of reducing the charges on the revenues of the Dean and Chapter.

Provided that any such amendment shall not apply without his consent to any such member holding office at the passing of this Act otherwise than during the pleasure of the Dean and Chapter.

7.-(1.) Every dean, canon, and member of the collegiate establishment of the Dean and Chapter of Westminster appointed after the passing of this Act shall pay all rates and taxes payable in respect of, and be liable to repair, his official house, and shall be so liable to the same extent as any rector is liable in respect of the house, buildings, and premises belonging to his rectory, and shall not be entitled to any contribution out of the revenues of the Dean and Chapter in respect of such rates, taxes, or repairs: Provided that-

(a.) Where before the passing of this Act any repairs of an official house have lawfully been executed in whole or in part at the cost of the revenues of the Dean and Chapter, the person who first after the passing of this Act succeeds the person then entitled to occupy such house by virtue of his being such dean, canon, or member as aforesaid, may receive out of

the said revenues such reasonable sum in respect of dilapidations as the Ecclesiastical Commissioners may under the circumstances allow; and

(b.) Where it appears to the Ecclesiastical Commissioners that it is expedient to preserve any portion of any official house as being of historical and antiquarian interest, and that it would be unreasonable to impose the costs of preserving that portion on the occupant of the house, the Ecclesiastical Commissioners may, upon the application of the person for the time being entitled to occupy such official house, by an order in writing declare that the costs of preserving that portion may be defrayed, and the same may accordingly be defrayed, by the Dean and Chapter out of their fabric fund.

(2.) The Ecclesiastical Commissioners may from time to time revoke and vary such order, but a person shall not be thereby made liable to any repairs from which he was exempted by virtue of any order under this section which was in force at the time of his appointment.

8. For the purposes of this Act—

The expression "member of the collegiate establishment" does not include a dean or canon, but, save as aforesaid, includes the holder of every dignity or office mentioned in the statutes of the Dean and Chapter of Westminster, and the holder of any office or employment remunerated out of the revenues of that Dean and Chapter.

The expression "official house" means any house, building, and premises to the exclusive Occupation of which a person is entitled by reason of his being a dean, canon, or member of the collegiate establishment of the Dean and Chapter of Westminster.

5. Short title.

An Act to amend the Electric Lighting Act, 1882. (28th June 1888.)

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Notwithstanding anything in the Electric Lighting Act, 1882, no provisional order authorising the supply of electricity by any Undertakers within the district of any local authority shall be granted by the Board of Trade except with the consent of such local authority, unless the Board of Trade, in any case in which the consent of such local authority is refused, are of opinion that, having regard to all the circumstances of the case, such consent ought to be dispensed with, and in such case they shall make a special report, stating the grounds upon which they have dispensed with such consent. The grant of authority to any Undertakers to supply electricity within any area, whether granted by licence or by means of a provisional order, shall not in any way hinder or restrict the granting of a licence or provisional order to the local authority, or to any other company or person within the same area.

2. Section twenty-seven of the Electric Lighting Act, 1882, is hereby repealed, and in lieu thereof the following provisions shall have effect; that is to say,

Where any Undertakers are authorised by a provisional order or special Act to supply electricity within any area, any local authority within whose jurisdiction such area or any part thereof is situated may, within six months after the expiration of a period of forty-two years, or such shorter period as is specified in that behalf in the provisional order or in the special Act, from the date of the passing of the Act confirming such provisional order, or of such special Act, and within six months after the expiration of every subsequent period of ten years, or such shorter period as is specified in that behalf in the provisional order or in the special Act, by notice in writing require such Undertakers to sell, and thereupon such Undertakers shall sell to them their undertaking, or so much of the same as is within such jurisdiction, upon terms of paying the then value of all lands, buildings, works, materials, and plant of such Undertakers suitable to and used by them for the purposes of their undertaking within such jurisdiction, such

value to be in case of difference determined by arbitration: Provided that the value of such lands, buildings, works, materials, and plant shall be deemed to be their fair market value at the time of the purchase, due regard being had to the nature and then condition of such buildings, works, materials, and plant, and to the state of repair thereof, and to the circumstance that they are in such a position as to be ready for immediate working, and to the suitability of the same to the purposes of the undertaking, and, where a part only of the undertaking is purchased, to any loss occasioned by severance; but without any addition in respect of compulsory purchase, or of goodwill, or of any profits which may or might have been or be made from the undertaking, or of any similar considerations. The Board of

Trade may determine any other questions which may arise in relation to such purchase, and may fix the date from which such purchase is to take effect, and from and after the date so fixed, or such other date as may be agreed upon between the parties, all lands, buildings, works, materials, and plant so purchased as aforesaid shall vest in the local authority which has made the purchase, freed from any debts, mortgages, or similar obligations of such Undertakers or attaching to the undertaking, and the powers of such Undertakers in relation to the supply of electricity under this Act or such provisional order or special Act as aforesaid within such area or part thereof as afore. said shall absolutely cease and determine, and shall vest in the local authority afore. said.

3. Notwithstanding anything in the last preceding section contained, the Board of Trade may by any provisional order to be made by them under the Electric Lighting Act, 1882, if they think fit, vary the terms upon which any local authority may require the Undertakers to sell, and upon which the Undertakers shall be required to sell to such local authority their undertaking or so much of the same as is within the jurisdiction of such local authority under the said section, in such manner as may have been agreed upon between such local authority and the Undertakers.

4.—(1.) Where in any case any electric line or other work may have been laid down or erected in, over, along, across, or under any street, for the purpose of supplying electricity, or may have been laid down or erected in any

other position for such purpose in such a manner as not to be entirely enclosed within any building or buildings, or where any electric line or work so laid down or erected may be used for such purpose otherwise than under and subject to the provisions of a licence, order, or special Act, the Board of Trade, if they think fit, may, by notice in writing under the hand of one of the secretaries or assistant secretaries of the Board of Trade, to be served upon the body or person owning or using or entitled to use such electric line or work, require that such electric line or work shall be continued and used only in accordance with such conditions and subject to such regulations for the protection of the public safety and of the electric lines and works of the Postmaster-General, and of other electric lines and works lawfully placed in any position and used for telegraphic communication, as the Board of Trade may by or in pursuance of such notice prescribe, and in case of non-compliance with the said regulations then the Board of Trade may require such body or person to remove such electric line or work: Provided that nothing in this sub-section shall apply to any electric line or work laid down or erected by any body or person for the supply of electricity generated upon any premises occupied by such body or person to any other part of such premises.

(2.) Where in any case any electric line or work is used for the supply of electricity in such a manner as to injuriously affect any telegraphic line of the Postmaster-General, or to affect the telegraphic communication through any such line, the Postmaster-General may, by notice to be served upon the body or person owning or using or entitled to use such electric line or work, require that such supply be continued only in accordance with such conditions and regulations for the protection of the telegraphic lines of the PostmasterGeneral and the telegraphic communication through the same as he may by or in pursuance of such notice prescribe, and in default of compliance with such conditions and regulations the Postmaster-General may require that the supply of electricity through such electric line or work shall be forthwith discontinued: Provided that nothing in this subsection shall apply to the supply of electricity through any electric line or work laid down

or erected under and subject to the provisions of any licence, order, or special Act, or which may be used in accordance with any conditions or regulations prescribed by the Board of Trade by or in pursuance of any notice given by them under this section.

(3.) If any body or person fails to comply with the requirements of any notice which may be served upon them or him under this section, such body or person shall be liable to a penalty not exceeding twenty pounds for every such offence, to be recovered summarily, and any court of summary jurisdiction, on complaint made, may make an order directing and authorising the removal of any electric line or work specified in such notice by such person and upon such terms as they may think fit.

(4.) Any notice authorised to be served under this section upon any body or person may be served by the same being addressed to such body or person, and being left at or transmitted through the post to any office of such body or the usual or last known place of abode of such person; and any notice so served by post shall be deemed to have been served at the time when the letter containing the notice would be delivered in the usual course of post, and in proving such service it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post.

(5.) In this section terms and expressions to which by the Electric Lighting Act, 1882, meanings are assigned shall have the same respective meanings, provided that the term "street" shall include any square, court, or alley, highway, lane, road, thoroughfare, or public passage or place whatever, and the expression "telegraphic line" shall have the meaning assigned to it by the Telegraph Act, 1878.

(6.) Nothing in this section shall apply to any electric line or work of the Postmaster. General, or to any other electric line or work used or to be used solely for telegraphic purposes, except by way of protection, as in this section provided.

5. This Act may be cited as the Electric Lighting Act, 1888; and the Electric Lighting Act, 1882, and this Act shall be read and con. strued together as one Act, and may be cited together for all purposes as the Electric Lighting Acts, 1882 and 1888.

An Act to amend Section One of the Land Law (Ireland) Act, 1887, in regard to Leaseholders.

(28th June 1888.)

BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. No application under section one of the Land Law (Ireland) Act, 1887, made by any person claiming as lessee under a lease containing an agreement restraining or prohibiting assignment shall be disallowed on the ground that such lease has been assigned contrary to such agreement, when the landlord has consented to such assignment, and such consent has been established by evidence satisfactory to the court, notwithstanding

that such consent has not been given, made, or evidenced in the manner prescribed by the tenth section of the Landlord and Tenant Law Amendment Act (Ireland), 1860: Provided always, that any person claiming to be lessee under any lease, whose claims shall bave been allowed by the court under this section, and his executors, administrators, and assigns, shall be estopped in any proceedings whatever from denying that such person was assignee of such lease at the time when his claim was allowed.

For the purposes of this Act the term "assignment" shall include an equitable as signment, and the term "lessee

in section

one of the Land Law (Ireland) Act, 1887, shall include persons entitled to the interest of the lessee under such equitable assignment.

2. This Act may be cited for all purposes as the Land Law (Ireland) Act, 1888; and the Land Law (Ireland) Act, 1887, shall be read as if this Act were incorporated therein.