Compensation to existing officers. 120.—(1.) Every existing officer declared by this Act to be entitled to compensation and every other existing officer, whether before mentioned in this Act or not, who, by virtue of this Act or anything done in pursuance of or in consequence of this Act, suffers any direct pecuniary loss by abolition of office, or by diminution or loss of salary or fees, shall be entitled to have compensation paid to him for such pecuniary loss by the county council to whom the powers of the authority whose officer he was are transferred under this Act, regard being had to the conditions on which the appointment was made, to the nature of his office or employment, to the duration of his service, to any additional emoluments which he acquires by virtue of this Act, or of anything done in pursuance of or in consequence of this Act, and to the emoluments which he might have acquired if he had not refused to accept any office offered by any council or other body acting under this Act, and to all the other circumstances of the case, and the compensation shall not exceed the amount which, under the Acts and rules relating to Her Majesty's Civil Service, is paid to a person on abolition of office. (2.) Every person who is entitled to compensation, as above mentioned, shall deliver to the county council a claim under his hand, setting forth the whole amount received and expended by him or his predecessors in office, in every year during the period of five years next before the passing of this Act, on account of the emoluments for which he claims compensation, distinguishing the offices in respect of which the same have been received, and 5 & 6 Will. 4. accompanied by a statutory declaration under the Statutory Declaration Act, 1835, that the same is a true statement according to the best of his knowledge, information, and belief: Provided that it shall not be competent for any person to make any claim for compensation after the expiration of two years after the passing of this Act. c. 62. (3.) Such statement shall be submitted to the county council, who shall forthwith take the same into consideration, and assess the just amount of compensation (if any), and shall forthwith inform the claimant of their decision. (4.) If a claimant is aggrieved by the refusal of the county council to grant any compensation, or by the amount of compensation assessed, or if not less than one third of the members of such council subscribe a protest against the amount of the compensation as being excessive, the claimant or any subscriber to such protest (as the case may be) may, within three months after the decision of the council, appeal to the Treasury, who shall consider the case and determine whether any compensation, and if so, what amount, ought to be granted to the claimant, and such determination shall be final. (5.) Any claimant under this section, if so required by any member of the county council, shall attend at a meeting of the council and answer upon oath, which the convener or vice convener may administer, all questions asked by any member of the council touching the matter set forth in the claim, and shall further produce all books, papers, and documents in his possession or under his control relating to such claim. (6.) The sum payable as compensation to any person in pursuance of this section shall commence to be payable at the date fixed by the council on granting the compensation, or in case of appeal by the Treasury, and shall be a debt due to him from the county council, and may be enforced accordingly, in like manner as if the council had entered into a bond to pay the same. (7.) If a person receiving compensation in pursuance of this section is appointed to any office under the same or any other county council, or by virtue of this Act, or anything done in pursuance of or in consequence of this Act, receives any increase of emoluments of the office held by him, he shall not, while receiving the emoluments of that office, receive any greater amount of his compensation, if any, than, with the emoluments of the said office, is equal to the emoluments for which compensation was granted to him, and if the emoluments of the office he holds are equal to or greater than the emoluments for which compensation was granted, his compensation shall be suspended while he holds such office. (8.) All expenses incurred by a county council in pursuance of this section shall be paid out of the county fund as a payment for general county purposes. (9.) For the purposes of this section county road clerks and district road clerks shall be deemed to be existing officers. 121. All enactments inconsistent with this Act are hereby Repeal of repealed; and in the case of every repeal under the provisions of Acts. this Act the following provisions shall have effect; that is to say, (1.) Any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment in this Act: (2.) The repeal shall not affect― (a.) The past operation of any enactment hereby repealed, (b.) Any right, privilege, obligation, or liability acquired, (c.) Any penalty, forfeiture, or punishment incurred in (d.) Any power, investigation, legal proceeding, or remedy Section 20. SCHEDULE. LOCAL TAXATION LICENCES. Licences for the sale of intoxicating liquor for consumption on the premises: Retailers of spirits (publicans). Retailers of spirits (occasional licences). Retailers of beer and cider. Retailers of beer and wine. Retailers of wine. Retailers of sweets. Licences for the sale of intoxicating liquor by retail, by persons not licensed to deal therein, for consumption off the premises: Retailers of spirits. Retailers of sweets. 25 & 26 Vict. c. 101. Statutory provisions as to fixing of boundaries to be deemed to be complied with. Short title. CHAPTER 51. An Act to amend the General Police and Improvement Improvement (Scotland) Act, 1862: 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, as follows: 1. All statutory requirements and provisions applicable to the fixing of the boundaries of any burgh or place under the said recited Act, or the Act first recited therein, or to the adoption of either of the said Acts, or to the election of Commissioners for any such burgh, shall be deemed and taken to have been duly complied with, and shall have effect accordingly, unless the same shall have been or shall be challenged in a competent court of law within three years from the date of the alleged non-compliance with the said statutory requirements and provisions: Provided always, that nothing herein contained shall prejudice or affect the pecuniary rights, liabilities, or interests of any person which shall have been finally decided by or are under the consideration of any court of law at the time of the passing hereof. 2. This Act may be cited as the General Police and Improvement (Scotland) Act, 1862, Amendment Act, 1889. CHAPTER 52. An Act to prevent the Disclosure of Official Documents BE E it enacted by the Queen's inost Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Cominons, in this present Parliament assembled, and by the authority of the same, as follows: 1.—(1.) (a.) Where a person for the purpose of wrongfully Disclosure of obtaining information (i.) enters or is in any part of a place belonging to Her (ii) when lawfully or unlawfully in any such place as afore. (iii.) when outside any fortress, arsenal, factory, dockyard, (b.) where a person knowingly having possession of, or control he shall be guilty of a misdemeanor, and on conviction be liable (2.) Where a person having possession of any document, sketch, plan, model, or information relating to any fortress, arsenal, factory, dockyard, camp, ship, office, or other like place belonging to Her Majesty, or to the naval or military affairs of Her Majesty, in whatever manner the same has been obtained or taken, at any time wilfully communicates the same to any person to whom he knows the same ought not, in the interest of the State, to be communicated at that time, he shall be guilty of a misdemeanour, and be information. Breach of official trust. Punishment for incitement or counselling to commit offence. Expenses of prosecution. Saving for laws of British possessions. liable to the same punishment as if he committed an offence under the foregoing provisions of this section. (3.) Where a person commits any act declared by this section to be a misdemeanour, he shall, if he intended to communicate to a foreign State any information, document, sketch, plan, model, or knowledge obtained or taken by him, or entrusted to him as aforesaid, or if he communicates the same to any agent of a foreign State, be guilty of felony, and on conviction be liable at the discretion of the court to penal servitude for life, or for any term not less than five years, or to imprisonment for any term not exceeding two years with or without hard labour. 2.—(1.) Where a person, by means of his holding or having held an office under Her Majesty the Queen, has lawfully or unlawfully either obtained possession of or control over any document, sketch, plan, or model, or acquired any information, and at any time corruptly or contrary to his official duty communicates or attempts to communicate that document, sketch, plan, model, or information to any person to whom the same ought not, in the interest of the State, or otherwise in the public interest, to be communicated at that time, he shall be guilty of a breach of official trust. (2.) A person guilty of a breach of official trust shall- (b.) in any other case be guilty of a misdemeanor, and on con- (3.) This section shall apply to a person holding a contract with any department of the Government of the United Kingdom, or with the holder of any office under Her Majesty the Queen as such holder, where such contract involves an obligation of secrecy, and to any person employed by any person or body of persons holding such a contract, who is under a like obligation of secrecy, as if the person holding the contract and the person so employed were respectively holders of an office under Her Majesty the Queen. 3. Any person who incites or counsels, or attempts to procure, another person to commit an offence under this Act, shall be guilty of a misdemeanor, and on conviction be liable to the same punishment as if he had committed the offence. 4. The expenses of the prosecution of a misdemeanor under this Act shall be defrayed in like manner as in the case of a felony. 5. If by any law made before or after the passing of this Act by the legislature of any British possession provisions are made which appear to Her Majesty the Queen to be of the like effect as those contained in this Act, Her Majesty may, by Order in Council, suspend the operation within such British possession of this Act |