Imatges de pàgina
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Application of

the Price.

Disputes arising as to Assessment to be summarily settled by the Sheriff, in case of no other Mode.

Provision for Refusal or Neglect by Commissioners of Supply and others.

Form, and shall be valid and effectual; and all such Bodies Politic, Heirs of Entail, and other Persons so conveying are hereby indemnified for or in respect of such Conveyance which they or any of them shall make in pursuance of this Act.

LIX. And be it enacted, That if any Price agreed to be paid by the said General or County Board for any such Lands, Houses, or Heritages, to or on behalf of any Corporate Body, Heir of Entail, Pupil, or other Person under Disability or Incapacity, shall exceed the Sum of Twenty Pounds, the same shall be paid into one of the incorporated Banks in Scotland to an Account in the Names of Two Persons, one to be named by the said Board and the other by the Persons making such Conveyance; and such Price shall be applied, under the Direction of the Court of Session, obtained upon a Petition presented in a summary Way to the Court by the said Two Persons, in the Purchase of the Land Tax, or towards the Discharge of Debt or other Incumbrance, or in the Purchase of Lands, Houses, or Heritages, or in such other Manner, being to the same or the like Uses and Purposes as those upon which the Property so conveyed stood settled or invested, as the said Court shall direct; and if any Price agreed to be paid as aforesaid shall be less than Twenty Pounds, the same shall be paid to the Person or Persons making such Conveyance: Provided always, that the said Board shall not be responsible for the Application of any such Price paid by them in Terms of this Act.

LX. And be it enacted, That any Dispute which may arise in adjusting the Boundaries of any Burgh as aforesaid, or any Dispute which may arise in assessing or collecting the Assessments authorized by this Act, between the Commissioners of Supply of Counties, or the Magistrates of Burghs, or the Assessors, Collectors, or others acting under them, on the one Part, and any Person aggrieved on the other Part, for the Settlement of which Dispute no Provision shall be made under the Authority of this Act, and in case it shall not be convenient to raise and determine the same in the Sheriff's Small Debt Court, shall be determined in a summary Way by any Sheriff of the Sheriffdom in which such Dispute shall arise, who shall, on a written Petition being presented to him by the Procurator Fiscal or by either of the aforesaid Parties, appoint the said Parties to appear before him, when he shall hear them, investigate the Matter in dispute in such Way as he may think proper, and decide the same summarily; and such Decision shall be final, and shall not be liable to Appeal or to Suspension, Advocation, or Reduction, or any other Form of Review, except in the Case of any Canal or Railway situated in more than one County, where the Proprietors thereof, feeling themselves aggrieved by any Decision of the Sheriff, may appeal from the same to the Court of Session.

LXI. And be it enacted, That in case any Convener or Commissioners of Supply of Counties, or Persons appointed or directed by them, or any Magistrates of Burghs, or Persons appointed or directed by them, shall refuse or neglect to do what is herein required of such Persons respectively, or in case any Obstruction shall arise in the Execution of this Act, it shall be lawful for the said Board to apply by summary Petition to the Court of Session, or during the Vacation of the said Court to the Lord

Ordinary

Ordinary on the Bills, which Court and Lord Ordinary are hereby
authorized and directed in such Case to do therein as to such
Court or Lord Ordinary shall seem just and necessary for the
Execution of the Purposes of this Act.

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Warrants and Proceedings for Recovery of Land and Assessed Taxes applicable to Assessments under this Act.

of Words.

LXII. And be it enacted, That the whole Powers and Right of issuing summary Warrants and Proceedings, and all Remedies and Provisions enacted for collecting, levying, and recovering the Land and Assessed Taxes, or either of them, and other public Taxes, shall be held to be applicable to the said Assessments under this Act; and the Sheriffs, Magistrates, Justices of the Peace, and other Judges may grant the like Warrants for Recovery of all such Assessments, in the same Form and under the same Penalties as is provided in regard to such Land and Assessed Taxes and other Public Taxes; and all Assessments imposed in virtue of this Act shall, in the Case of Bankruptcy or Insolvency, be paid out of the first Proceeds of the Estate, and shall be preferable to all other Debts of a private Nature due by the Parties assessed. LXIII. And be it enacted, That the following Words and Ex- Interpretation pressions used in this Act shall in the Construction thereof be interpreted as follows, except where the Nature of the Provision or the Context of the Act shall be repugnant to such Construction ; that is to say, the Word "Prison shall extend to and include every Gaol, Bridewell, House of Correction, Penitentiary, Lock-up House, or other House or Place in which Persons may be legally confined as Civil or Criminal Prisoners, having regard in each Case to the Nature of the Prison as declared and intimated by the Board, and to the Description of Prisoners in question; "Burgh shall include and apply to the Cities, Burghs, and Towns which are Royal Burghs, or which send or contribute as Burghs to send a Member to Parliament; "Magistrates of Burghs" shall include the Lord Provost, or Provost or Chief Magistrate, and Magistrates and Council of Burghs; " Sheriff" shall include Sheriff Substitute and Stewart Substitute; " landward Part of a County" shall include and apply to a County exclusive of the Burghs situated therein; "Property," in landward Parts of Counties, shall extend to and include all Descriptions of Property valued in the Cess or Valuation Books of Counties; "Houses" shall extend to and include Dwelling Houses, Shops, Warehouses, Mills, and Manufactories; "Property" in Burghs shall extend to and include Houses, Shops, Warehouses, Mills, Manufactories, Cellars, Gardens, Yards, and all Buildings and Pertinents thereof; " Civil Prisoner' shall include all Persons imprisoned for Civil Debt, or ad factum præstandum, or generally at the Instance of a Creditor for Performance of Civil Obligation; "Criminal Prisoner" shall include all other Descriptions of Prisoners; "Person" shall extend to a Body Politic, Corporate, or Collegiate; and every Word importing the Singular only shall extend to several Persons or Things as well as one Person or Thing; and every Word importing the Plural shall be applied to one Person or Thing as well as several Persons or Things; and every Word importing the Masculine Gender only shall extend to a Female as well as a Male.

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LXIV. And be it enacted, That from and after the First Day of All Acts reJuly One thousand eight hundred and forty all Laws, Statutes, pealed which and Usages shall be and the same are hereby repealed in so far are at variance

2 & 3 VICT.

T

as

with this Act.

Act to continue in force for Ten Years.

Act may be altered, &c.

General and Subdivision Meetings relating to the Militia suspended.

Proceedings may be had during such Suspension Order in Council.

as they are at variance or inconsistent with the Provisions of this Act: Provided always, that the same shall continue in force in all other respects.

LXV. And be it enacted, That, unless where otherwise hereinbefore specially provided, this Act shall commence and take effect from the passing thereof, and shall continue in force for the Period of Ten Years from and after the First Day of January One thousand eight hundred and forty-one, and from thence to the End of the then next Session of Parliament.

LXVI. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament.

CA P. XLIII.

An Act to suspend until the End of the next Session of Parliament the making of Lists and the Ballots and Enrolments for the Militia of the United Kingdom.

W

[17th August 1839.] WHEREAS it is expedient to suspend for a further Period the making of Lists and the Ballots and Enrolments for the Militia of the United Kingdom: Be it therefore 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 General and Subdivision Meetings relating to the Militia of the United Kingdom, and all Proceedings relating to the procuring any Returns or preparing or making out Lists for such Militia, or any Part thereof, or relating to the ballotting for or enrolling any Militia Men or Substitutes, or supplying any Vacancies in such Militia, shall cease and remain suspended until the End of the next Session of Parliament, any thing in any Act or Acts to the contrary notwithstanding.

II. Provided always, and be it enacted, That it shall be lawful for Her Majesty by any Order in Council to direct that any Proceedings shall be had at any Time before the Expiration of such Period as aforesaid, either for the giving of Notices and making Returns and preparing Lists, and also for the proceeding to ballot and enrol Men for the filling up Vacancies in the Militia of the United Kingdom or any Part thereof, as Her Majesty shall deem expedient; and upon the issuing of any such Order all such Proceedings shall be had for carrying into execution all the Provisions of the Acts in force in England, Scotland, and Ireland respectively relating to the giving Notices for and Returns of Lists, and for the ballotting and enrolling of Men to supply any Vacancies in the Militia, and holding General and Subdivision Meetings for such Purpose, at such Time respectively as shall be expressed in any such Order in Council, or by any Directions given in pursuance thereof to the Lord Lieutenants or Deputy Lieutenants acting for Lord Lieutenants of the several Counties, Shires, Ridings, Cities, and Places in Great Britain, or to the Governors and Deputy Governors of Counties and Places in Ireland, or to the Warden and Special Deputy Wardens of the Stannaries; and all the Provisions of the several Acts in force in England, Scotland,

and

and Ireland respectively relating to the Militia and Corps of Miners of Cornwall and Devon shall, upon any such Order, and Direction given in pursuance thereof, become and be in full Force and be carried into execution at the Period specified in such Order or Direction as aforesaid, with all such Penalties and Forfeitures for any Neglect thereof, as fully as if such Periods had been fixed in the Acts relating to such Militia and Miners.

III. And be it enacted, That this Act, and all the Clauses, Provisions, Directions, and-Authorities therein contained, shall be construed to extend to the Warden and Special Deputy Wardens of the Stannaries and Corps of Miners of Cornwall and Devon as fully as if they were respectively and severally repeated in every such Clause, Provision, Direction, and Authority.

CA P. XLIV.

An Act to prevent, until the End of the next Session of
Parliament, Ships clearing out from a British North Ame-
rican Port loading any Part of their Cargo of Timber upon
Deck.
[17th August 1839.]

WHEREAS great Loss of Life and severe Sufferings have

been occasioned amongst the Crews of Ships and Vessels ' laden with Timber from British Ports in North America, from 'the Practice of having a Portion of the Cargo of such Ships stowed on or above Deck:' Be it therefore 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 it shall not be lawful for any Part of the Cargo of any Ships or Vessels wholly or in part laden with Timber, and clearing from any British Port in North America, between the First Day of September and the First Day of May, to be stowed or placed during any Part of the Voyage upon or above the Deck of such Ship or Vessel; and the Captain or Master of every Ship or Vessel so laden, and clearing from any British Port in North America between such Days, shall not be permitted to sail without first procuring a Certificate from the clearing Officer that all the Cargo is below Deck.

Act to extend to Wardens of Stannaries and to Corps of Miners.

No Part of Cargo of certain Ships laden

with Timber to be placed on the Deck.

Penalty for

placing Cargo on Deck.

II. And be it enacted, That if any Captain, Owner, Supercargo, or other Person having the Command of any such Ship or Vessel shall so place, cause or permit to be so placed, any Part of the Cargo, every such Captain, Owner, Supercargo, or other Person so offending shall, for every such Offence, forfeit and pay any Sum not exceeding One hundred Pounds, to be recovered in like Manner as Penalties for Offences under an Act passed in the Fifth and Sixth Years of the Reign of King William the Fourth, intituled An Act to repeal an Act of the Ninth Year of His late Majesty, for 5&6 W. 4. c.53. regulating the Carriage of Passengers in Merchant Vessels from the United Kingdom to the British Possessions on the Continent and Islands of North America, and to make further Provision for regulating the Carriage of Passengers from the United Kingdom: Provided always, that nothing herein contained shall extend to Proviso prevent the carrying upon Deck the necessary Store Spars for the Vessel's Use, or the Removal on Deck of a Portion of the Cargo

Continuance of
Act.

Act may be amended, &c.

of such Ship or Vessel in Cases where the same may be rendered necessary by the springing a Leak, or other Damage during the Voyage; and nothing in this Act shall apply to any Ship which may have cleared out from any Port in British North America before the First Day of September, or within Seven Days after Notice of this Act shall have been received at the Custom House of the respective Ports.

III. And be it enacted, That this Act shall continue in force until the End of the next Session of Parliament.

IV. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of

Parliament.

CA P. XLV.

An Act to amend an Act of the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth relating to Highways. [17th August 1839.] HEREAS by an Act passed in the Session of Parliament holden in the Fifth and Sixth Years of the Reign of His 5&6 W.4.c.50. late Majesty King William the Fourth, intituled An Act to con'solidate and amend the Laws relating to Highways in that Part

Proprietors of
Railroad to

maintian Gates
where any Rail-
road crosses the

Highway, &c.

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WHE

of Great Britain called England, it is amongst other things by the said Act enacted, that whenever a Railroad shall cross any Highway for Carts or Carriages the Proprietors of the said Rail'road shall make and maintain good and sufficient Gates at each ' of the said Crossings, and shall employ good and proper Persons 'to attend to the opening and shutting of such Gates, so that the Persons, Carts, or Carriages passing along such Road shall not 'be exposed to any Danger or Damage by the passing of any Carriages or Engines along the said Railroad, and any Complaint for any Neglect in respect of the said Gates shall be made within • One Month after the said Neglect to One Justice, who may summon the Party so complained against to appear before the Jus'tices at their next Special Sessions for the Highways, who shall 'hear and decide upon the said Complaint, and the Proprietor so offending shall forfeit any Sum not exceeding Five Pounds: And 'whereas it is also by the said Act further enacted, that nothing in this Act contained shall apply to any Turnpike Roads, except ، where expressly mentioned, or to any Roads, Bridges, Carriageways, Cartways, Horseways, Bridleways, Footways,, Causeways, Churchyards, or Pavements which now are or may hereafter be paved, repaired, or cleansed, broken up, or diverted, under or by 'virtue of the Provisions of any Local or Personal Act or Acts of Parliament: And whereas it is deemed expedient to amend the 'said Provisions in the said Act, and to extend the same to Turnpike Roads in England :' Be it therefore 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 wherever a Railroad crosses or shall hereafter cross any Turnpike Road or any Highway or Statute Labour Road for Carts or Carriages in Great Britain, the Proprietors or Directors of the Company of Proprietors of the said Railroad shall make and maintain

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