Imatges de pàgina
PDF
EPUB

inquiry, have all such powers as they have for the purpose of inquiries directed by the Local Government Board under the Public Health Act, 1875, and all sums certified by the Local Government Board to be the amount of expenses incurred by them in or incidental to any such inquiry shall be defrayed by the police receiver, and shall be paid by him either in one payment or by annual instalments not exceeding five; and if by instalments, together with interest after the yearly rate of four pounds in the hundred, to be computed from the date of the certificate of the Local Government Board, upon so much of the principal sum as from time to time remains unpaid.

(7.) For the purposes of this section the expression "persons belonging to the labour"ing classes" includes mechanics, artizans, labourers, and others working for wages, hawkers, costermongers, persons not working for wages but working at some trade or handicraft without employing others except members of their own family, and persons other than domestic servants whose income does not exceed an average of thirty shillings a week, and the families of any such persons who may be residing with them.

6. Every purchase, sale, scheme, or lease by the police receiver under the Metropolitan

Police Acts, 1829 to 1884, or this Act, and the raising of any loan by the police receiver under this Act, shall be subject to the approval of a Secretary of State, and also, in the case of a loan, of the Treasury; provided that it shall not be necessary for any vendor, purchaser, lessor, lessee, or lender to ascertain that such approval has been given.

7. In this Act

The expression "Secretary of State" means one of Her Majesty's Principal Secretaries of State:

The expression" Treasury" means the Commissioners of Her Majesty's Treasury: The expression "police receiver" means the receiver for the metropolitan police district.

The expression "metropolitan police fund" means the rates, contributions, and funds for the time being applicable for defraying the expenses of the metropolitan police force.

8. The Act mentioned in the Second Schedule to this Act is hereby repealed to the extent specified in the third column of that Schedule, without prejudice to anything done or suffered before the passing of this Act.

[blocks in formation]

Session and Chapter.

20 & 21 Vict. c. 64.

[blocks in formation]

The Metropolitan Police Act, The whole Act except sections
1857.
eleven to fifteen, both inclusive.

CHAP. 23.

Companies Act, 1886.

ABSTRACT OF THE ENACTMENTS.

1. Short title.

2. Construction of Acts.

3. Effect of diligence within 60 days of winding up by or subject to supervision of court. 4. Ranking of claims.

5. Jurisdiction of the Lord Ordinary on the Bills in vacation.

6. Winding up may be remitted to Lord Ordinary.

An Act to amend the Companies Acts of 1862, 1867, 1870, 1877, 1879, 1880, and 1883. (4th June 1886.)

WHEREAS it has become expedient to amend the provisions of the Companies Act, 1862, and of the other Acts amending the same hereinafter recited, in so far as the said provisions relate to the liquidation of companies in Scotland:

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. This Act may be cited for all purposes as the Companies Act, 1886.

2. This Act shall, so far as consistent with the tenor thereof, be construed as one with the Companies Acts, 1862, 1867, 1877, 1879, 1880, and 1883, and the Joint Stock Companies Arrangement Act, 1870, and the said Acts and this Act may be referred to as the Companies Acts, 1862 to 1886.

3. In the winding up, by or subject to the supervision of the court, of any company under the Companies Acts, 1862 to 1886, whose registered office is in Scotland, where the winding up shall commence after the passing of this Act, the following provisions shall have effect:

(1.) Such winding up shall, in the case of a winding up by the court as at the commencement thereof, and in the case of a winding up subject to the supervision of the court as at the date of the presentation of the petition, on which a supervision order is afterwards pronounced, be equivalent to an arrestment in execution and decree of forthcoming, and to an executed or completed poinding; and no arrestment or poinding of the funds or effects of the company, executed on or after the sixtieth day prior to the commencement of the winding up by the court, or to the presentation of the petition on which a supervision order is made, as the case may be, shall be effectual; and such funds or effects, or the proceeds of such effects, if sold, shall be made forthcoming

to the liquidator: Provided that any arrester or poinder, before the date of such winding up, or of such petition, as the case may be, who shall be thus deprived of the benefit of his diligence, shall have preference out of such funds or effects for the expense bonâ fide incurred by him in such diligence.

66

(2.) Such winding up shall, as at the respective dates aforesaid, be equivalent to a decree of adjudication of the heritable estates of the company for payment of the whole debts of the company, principal and interest, accumulated at the said dates respectively, subject always to such preferable heritable rights and securities as existed at the said dates and are valid and unchallengeable, and the right to poind the ground herein-after provided. (3.) The provisions of sections one hundred and twelve to one hundred and seventeen inclusive, and also of section one hundred and twenty, of the Bankruptcy (Scotland) Act, 1856, shall, so far as consistent with the tenor of the recited Acts, apply to the realization of heritable estates affected by such heritable rights and securities as aforesaid; and for the purposes of this Act the words sequestration" and "trustee" occurring in said sections of the Bankruptcy (Scotland) Act, 1856, shall mean respectively "liquidation and liquidator"; and the expression "the Lord Ordinary or the Court" shall mean "the Court as defined by this Act. (4.) No poinding of the ground which has not been carried into execution by sale of the effects sixty days before the respective dates aforesaid shall, except to the extent herein-after provided, be available in any question with the liquidator: Provided that no creditor who holds a security over the heritable estate preferable to the right of the liquidator shall be prevented from executing a poinding of the ground after the respective dates aforesaid, but such poinding shall in competition with the liquidator be available only for the interest on the debt for the current halfyearly term, and for the arrears of interest for one year immediately before the commencement of such term.

59

4. In the winding up of any company under the Companies Acts, 1862 to 1886, whese registered office is in Scotland, and where the winding up shall commence after the passing of this Act, the general and special rules in regard to voting and ranking for payment of dividends, provided by the Bankruptcy (Scot

land) Act, 1856, sections forty-nine to sixty-six inclusive, or any other rules in regard thereto which may be in force for the time being in the sequestration of the estates of bankrupts in Scotland, shall, so far as consistent with the tenor of the said recited Acts, apply to creditors of such companies voting in matters relating to the winding up, and ranking for payment of dividends; and for this purpose sequestration shall be taken to mean liquidation, trustee to mean liquidator, and sheriff to mean the court.

[ocr errors]

5. Wherever the expression "the court of session occurs in the said recited Acts, or the expression "the court" occurring therein or in this Act refers to the court of session in Scotland, it shall mean and include either division thereof, or, in the event of a remit to a permanent Lord Ordinary, as herein-after provided, such Lord Ordinary, during session, and in time of vacation the Lord Ordinary on the Bills; and in regard to orders or judgments pronounced by the said Lord Ordinary on the Bills in vacation, the following provisions shall have effect:

-

(1.) No order or judgment pronounced by the said Lord Ordinary in vacation, under or by virtue, in whole or in part, of the following sections of the said recited Acts, shall be subject to review, reduction, suspension, or stay of execution, videlicet, of the Companies Act, 1862, sections ninety-one, one hundred and seven, one hundred and fifteen, one hundred and seventeen, and one hundred and twentyseven, and section one hundred and fortynine, so far as it authorises the Court to direct meetings of creditors or contributories to be held, and that portion of section two of the Joint Stock Companies Arrangement Act, 1870, which authorises the Court to order that a meeting of creditors or class of creditors shall be summoned; and also sections one hundred and twenty-two and one hundred and twenty-three of the Companies Act, 1862, so far as they may affect the sections above enumerated.

(2.) All other orders or judgments pronounced by the said Lord Ordinary in vacation (except as after mentioned) shall be subject to review only by reclaiming note, in common form, presented (notwithstanding the terms of section one hundred and twenty-four of the Companies Act, 1862,) within fourteen days from the date of such order or judgment: Provided always, that such orders or judgments pronounced by the said Lord Ordinary in vacation, under or by virtue, in whole or

in part, of the following sections of the Companies Act, 1862, shall, from the dates of such orders or judgments, and notwithstanding any reclaiming note against the same, be carried out and receive effect till such reclaiming note be disposed of by the court, videlicet, sections eightyfive, eighty-seven, eighty-nine, ninetythree (except in regard to the removal or remuneration of liquidators), ninety-five, ninety-six (except in regard to the power to sell), one hundred, one hundred and eighteen, first part of one hundred and forty-one, one hundred and forty-seven, one hundred and fifty (except in regard to the removal of liquidators and the filling up of vacancies caused by such removal), one hundred and ninety-seven, one hundred and ninety-eight, and two hundred and one; and also sections one hundred and twenty-two and one hundred and twenty-three of the Companies Act, 1862, so far as they may affect the sections above enumerated.

Provided that nothing in this section contained shall in any way affect the provisions of section one hundred and twenty-one of the Companies Act, 1862, in reference to decrees for payment of calls in the winding up of companies, whether voluntarily or by or subject to the supervision of the court.

[ocr errors]

6. When the court makes a winding up or a supervision order, or at any time thereafter, it shall be lawful for the court, in either division thereof, if it thinks fit, to direct all subsequent proceedings in the winding up to be taken before one of the permanent Lords Ordinary, and to remit the winding up to him accordingly; and thereupon such Lord Ordinary shall, for the purposes of the winding up, be deemed to be the court," within the meaning of the recited Acts and this Act, and shall have, for the purposes of such winding up, all the jurisdiction and powers of the court of session: Provided always, that all orders or judgments pronounced by such Lord Ordinary shall be subject to review only by reclaiming note in common form, presented (notwithstanding the terms of section one hundred and twenty-four of the Companies Act, 1862,) within fourteen days from the date of such order or judgment. But, should a reclaiming note not be presented and moved during session, the provisions of section five of this Act shall apply to such orders or judgments: Provided also, that the said Lord Ordinary may report to the division of the court any matter which may arise in the course of the winding up. This section and the immediately preceding section shall come into force from the passing of this Act, and shall include companies then in the course of being wound up.

СНАР. 24.

Peace Preservation (Ireland) Continuance Act, 1886.

ABSTRACT OF THE ENACTMENTS.

1. Short title.

2. Continuance of 44 & 45 Vict. c. 5.
3. Publication of monthly returns.

An Act to continue and amend for a further limited period the Peace Preservation (Ireland) Act, 1881. (4th June 1886.)

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. This act may be cited for all purposes as the Peace Preservation (Ireland) Continuance Act, 1886.

2.-(1.) The Peace Preservation (Ireland) Act, 1881, shall be continued until the thirtyfirst day of December one thousand eight hundred and eighty-seven.

(2.) Every Proclamation and Order made, and every notice and licence issued, and everything done, under the authority of that Act, shall be of the same force and effect as if that Act had been originally limited to continue until the said thirty-first day of December one thousand eight hundred and eighty-seven, save that sub-section four of section four of the said Act shall not be continued.

Provided that from and after the passing of this Act the court of summary jurisdiction

[blocks in formation]

1. Short title.

2. Extent of Act.

3. Commencement.

4. Hospitals, institutions, and licensed houses for idiots and imbeciles.

5. Retention and admission of idiots and imbeciles after full age.

6. Order of discharge by Commissioners in Lunacy.

7. Registration of hospitals, institutions, and licensed houses under this Act.

8. Provision for existing hospitals, institutions, and licensed houses for idiots or imbeciles.

9. Notice of reception to be sent to Commissioners in Lunacy.

10. Notice of death or discharge.

11. Certain provisions of Lunacy Acts not to apply to this Act.

12. Inspection by Commissioners.

13. Medical journal to be kept.

14. Residence of medical practitioner.

15. Grants of money to guardians of the poor.

16. Power to grant superannuation allowance.

17. Definition. Commissioners. Idiots or imbeciles. Lunatic.
Licensed house.
SCHEDULE.

An Act for giving facilities for the care,
education, and training of Idiots and
Imbeciles.
(25th June 1886.)
WHEREAS it is expedient to make provision
for the admission into hospitals, institutions,
and licensed houses of idiots and imbeciles,
and for their care, education, and training
therein:

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. This Act may be cited as the Idiots Act, 1886.

VOL. LXV.-LAW JOUR. STAT.

Hospital and institution.

2. This Act shall not extend to Scotland or Ireland.

3. This Act shall commence from and immediately after the thirty-first day of December one thousand eight hundred and eighty-six.

4. An idiot or imbecile from birth or from an early age may, if under age, be placed by his parents or guardians or by any person undertaking and performing towards him the duty of a parent or guardian, and may lawfully be received into, and until of full age detained in, any hospital, institution, or licensed house, registered under this Act for the care, education, and training of idiots or imbeciles upon the certificate in writing of a duly qualified medical practitioner in the

C

« AnteriorContinua »