SCHEDULE (A.)

QUESTIONS to which, by Directions of an Act passed in the Third Year of the Reign of Her Majesty Queen Victoria, intituled "An Act for procuring Returns relative to the Highways and Turnpike Roads in England and Wales," written Answers are to be returned by the Surveyor of the Highways of every Parish, Township, or District in England and Wales; for which Purpose the said Surveyor of the Highways is to attend the Justices of the Peace within their respective Jurisdictions, on pain of incurring the Penalties imposed by the said Act for every wilful Default or Neglect.

First: What is the estimated Extent of public Highways or Roads used for Wheel Carriages within your Parish or District, computing the aggregate Length of such Highways in Statute Miles of One thousand seven hundred and sixty Yards to a Mile, distinguishing Streets or Roads repaired under any Local Act and Turnpikes (if any) from all other such Highways or Roads ? Second: What was the Amount of Rates levied for the Repair of the Highways in each of the Years ending in March 1837, 1838, and 1839 ?

Third: What was the Amount expended in Repairs of the Highways in each of those Years respectively?

Fourth: What was the Amount of Money expended in Law and other Expences relative to the Highways, exclusive of Repairs occasioned by Presentments or Indictments, in those Years respectively?

Fifth: What was the total Amount of Money expended in those Years respectively?

In answer to this Question you are to take care that the Amount be the Total of the Two Columns marked 3 and 4, or to explain on the Schedule why it does not agree therewith.

Sixth What was the Amount in the Pound at which the Highway Rate was assessed in each of the Years ending in March 1837, 1838, and 1839?

Seventh Are there any Matters which you think it necessary to remark in explanation of your Answers to any of the preceding Questions?

66

SCHEDULE (B.)

QUESTIONS to which, by Direction of an Act passed in the Third Year of the Reign of Her Majesty Queen Victoria, intituled "An Act for procuring Returns relative to the Highways and Turnpike Roads in England and Wales," written Answers are to be transmitted by the Clerk to the Trustees or Commissioners of every Turnpike Road to One of Her Majesty's Principal Secretaries of State within Sixty Days after the passing of the said Act, on pain of incurring the Penalties imposed by the said Act for every wilful Default or Neglect. First: What is the estimated Extent of the Turnpike Road within the Trust of which you are Clerk, computing the aggregate Length of such Road in Statute Miles of One thousand seven hundred and sixty Yards to a Mile?

Second: How many Gates and Side Bars are erected on such Road or the Sides thereof?

Third: What are the Number of Parishes or Extra-parochial Places, and Names of each, through which such Turnpike Road passes, and the Extent of Miles in each such Parish or Extra-parochial Place?

Fourth What is the present Condition of such Road, and is any Part under Indictment for Want of Repair?

Fifth: Whether the whole of such Road is repaired by the Trustees or in part by any Parish; and if so, how much?

Sixth: To what Extent (if any), in your Opinion, have the Securities held by the Creditors on Turnpike Road Bonds in your Trust been affected by the Introduction of Railroads? Seventh: To what Extent, if any, in your Opinion, have such Securities been affected by the Abolition of Statute Labour? Eighth By what Statute (or Statutes) is your Trust regulated, and at what Period will such Statute (or Statutes) expire ?-State the Year of the Reign in which each Statute was passed, and the Chapter?

Ninth: What was the Total Amount of the Bonded or Mortgage Debt in your Trust on the 31st December 1838?

Tenth: At what Period or Periods was the Money borrowed? Eleventh How much of the Bondage or Mortgage Debt consists of unpaid Interest converted into Principal; and when and by what Authority did such Conversion take place?

Twelfth: What was the Total Amount of Interest paid to the Holders of Bonds or Mortgages in each of the Years 1832, 1833, 1834, 1835, 1836, 1837, and 1838 respectively? Thirteenth: At what Rate per Cent. was Interest due on such Securities; and at what Rate per Cent. was Interest actually paid in each of those Years respectively?

Fourteenth Are there any Matters which you think it necessary to remark in explanation of your Answers to any of the preceding Questions?

above Return contains, to the best of my Knowledge and Belief, a full and true Answer to the above Questions.

Depending Sequestrations to be proceeded in under 54 G. 3. c. 137.

Commencement of this Act.

Construction and Meaning of Words.

An Act for regulating the Sequestration of the Estates of
Bankrupts in Scotland.
[17th August 1839.]
W
WHEREAS it is expedient to amend the Laws for regulating
the Sequestration of Estates of Bankrupts in Scotland;'
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, That all Sequestrations depending at the
Commencement of this Act shall be proceeded in and brought to
a Conclusion under the Provisions of an Act passed in the Fifty-
fourth Year of the Reign of His Majesty King George the Third,
intituled An Act for rendering the Payment of Creditors more equal
and expeditious in Scotland, and not under this Act; and the said
recited Act, so far as not altered or repealed, shall for such Pur-
pose, and in all other respects, except applying for, awarding,
proceeding with, and bringing to a Conclusion Sequestrations as
herein-after provided for, and in as far as not at variance or incon-
sistent with this Act, remain and continue in force.

II. And be it enacted, That this Act shall commence and take effect from and after the End of the present Session of Parliament; and thereafter all Sequestrations shall be awarded in virtue of and in Terms of this Act, and of no other Act, and such Sequestrations shall be proceeded in and brought to a Conclusion under the Provisions of this Act.

III. And be it enacted, That in construing this Act the Word "Lord Ordinary" shall mean the Lord Ordinary officiating on the Bills in the Court of Session; that the Words "Clerk or Officer of the Court of Session" shall include the Keeper of the Register of Abbreviates of Adjudications; that the Word "Commissioners" shall mean a Majority of the Commissioners herein-after mentioned; that the Word "Estates" shall include every Kind of Property, Heritable or Moveable, Real or Personal, and Lands, Tenements, and Hereditaments, wherever situated, and Debts, Claims, and incorporeal Rights belonging or due or falling by Succession or otherwise to the Bankrupt, and any Part thereof; that the Word "Deliverance" shall include any Order, Warrant, Judgment, Interlocutor, or Decree; that the Word "Security" shall include Securities, Heritable or Moveable, Real or Personal, and Liens and Preferences, and Conveyances thereof, and any Part thereof; that the Word "Successors" shall include Heirs, Heirs Apparent, Representatives by Deed or otherwise, Executors, and nearest of Kin, and also Assignees and singular Successors where they have acquired the Right; that the Word "Month" shall mean a Calendar Month; that the Word "Oath" shall include Affirmation where by Law such Affirmation shall be required to be taken in place of an Oath; that the Word "Vote" shall, as well as the ordinary Meaning thereof, include a Consent to any Offer of Com

position

position and to a Discharge of the Debtor, and also a Dissent from such Offer or Discharge, and generally any Act as a Creditor; that the Words "Debtor," " Bankrupt," and "Creditor" shall include Bodies Corporate, Politic, or Collegiate, Companies or Partnerships, as well as Individuals, and shall, as well as all other Words importing the Singular Number and Masculine Gender, include several Persons as well as one Person, and Females as well as Males, and Married Women carrying on Trade independent of their Husbands, and Widows and Aliens (unless in this and also in the other Cases herein above specified a different Construction shall be provided, or the Construction be repugnant to the Subject Matter or Context); and this Act shall be construed in the most beneficial Manner for promoting the Ends hereby intended.

IV. And be it enacted, That Sequestration may be applied for of the Estates of any deceased Debtor who at the Time of his Death resided or had a Dwelling House or carried on Business in Scotland, and was at that Time Owner of Heritable or Moveable Estates in Scotland, provided such Sequestration shall be applied for by One or more Creditors qualified as herein-after mentioned; but no such Sequestration shall be awarded until the Expiration of Six Months from the Debtor's Death, unless he shall have granted a Mandate to apply for Sequestration, or was at the Time of his Death notour Bankrupt, or had remained in Sanctuary for Sixty Days (either continuously or not) within the Space of Twelve Months immediately preceding his Death, or unless his Successors shall concur in the Petition or renounce the Succession, in which several Cases Sequestration shall forthwith be awarded.

Act to be con

strued beneficially for the

Ends thereof.

Sequestration of Estates of a deceased

Debtor.

V. And be it enacted, That the Estates of any Debtor subject Sequestration to the Laws of Scotland who is or has been a Merchant, Trader, of Estates of Manufacturer, Banker, Broker, Warehouseman, Wharfinger, Un- Merchants, &c. derwriter, Artificer, Packer, Builder, Carpenter, Shipwright, Innkeeper, Hotel Keeper, Stable Keeper, Coach Contractor, Cattle Dealer, Grain Dealer, Coal Dealer, Fish Dealer, Lime Burner, Dyer, Printer, Bleacher, Fuller, Calenderer, and generally the Estates of any Debtor subject as aforesaid who seeks or has sought his Living, or a material Part thereof, for himself, or in Partnership with another, or as Agent or Factor for others, by using the Trade of Merchandize by way of Bargain, Exchange, Barter, Commission, or Consignment, or by buying and selling, or by buying and letting for Hire, or by the Workmanship or Manufacture of Goods or Commodities, may be sequestrated, with the Consent of such Debtor, provided that the Debtor shall petition for Sequestration with the Concurrence of One or more Creditors qualified as herein-after mentioned; and if the Petition is not signed by such Debtor, a Mandate by him, authorizing such Petition, shall be therewith produced; or without the Consent of such Debtor, provided that he be notour Bankrupt, and have carried on Business in Scotland in any of the said Occupations, and have also, within a Year before the Date of presenting the Petition for Sequestration resided or had a Dwelling House or Place of Business in Scotland, and that a Petition be presented by One or more Creditors, as herein-after directed; but it shall not be competent to seques- Exceptions. trate the Estates of any Debtor as a Holder of Stock in any of

the