which may have been lost or destroyed or become defaced or obliterated, without any such authority from the Treasury, or certificate from any judge of the Court of Exchequer, as is specified and required in the said recited Act of the twenty-ninth year of the reign of his Majesty King George the Third, or in any case whatever relating to any of the said recited Acts, upon proof being given to the satisfaction of the said commissioners, by the oath or solemn affirmation to be made and taken before the said comptroller general or assistant comptroller, or before any justice of the peace or magistrate, by the persons applying for such new order, or any other person, of such loss or destruction, or production of the order in lieu of which a new order is required; and all such new orders, so signed, shall be deemed good and valid to all intents and purposes as if the same had been made under the provisions of the said recited Acts or either of them, any thing in the said recited Acts to the contrary notwithstanding. 11. ACCOUNTS OF ANNUITIES FOR TERMS OF YEARS UNCLAIMED FOR TEN YEARS, TO BE MADE UP QUARTERLY AT THE BANK; AND THE ANNUITIES TO BE TRANSFERRED TO THE COMMISSIONERS, AND PLACED UNDER THE LIKE REGULATIONS AS OTHER STOCKS ARE SUBJECT TO BY 56 GEO. 3, c. 60.-[Recital of 10 Geo. 4, c. 24, s. 39; 56 Geo. 3, c. 60] The Bank of England shall cause to be made up quarterly an account of all annuities for terms of years already granted or which may hereafter be granted by the said commissioners under the provisions of the said recited Act of the tenth year of his late Majesty, which shall have remained unclaimed for the space of ten years then next preceding such quarters respectively; and all such unclaimed annuities and all arrears thereof shall be transferred to the commissioners for reduction of the national debt, and shall be subject to the like restrictions and regulations as all other capital stocks and annuities are now subject by the said recited Act of the fifty-sixth year of his said Majesty; any thing in any Act to the contrary thereof notwithstanding. 1 1 By s. 68 of 33 & 34 Vict. c. 71, Part VII. of that Act is substituted in this section for 56 Geo. 3, c. 60. 12. COMMISSIONERS OF NATIONAL DEBT TO CERTIFY TO THE TREASURY BEFORE EACH QUARTER DAY THE AMOUNT OF ANNUITIES PAYABLE UNDER THE FIRST-RECITED ACTS— TREASURY TO ISSUE WARRANT FOR PAYMENT OF THE AMOUNT TO THE COMMISSIONERS.— For the purpose of ascertaining from time to time the amount of annuities for lives payable under the authority of the said several first recited Acts, the comptroller general or assistant comptroller acting under the said commissioners shall, within fourteen days next preceding the fifth day of January, the fifth day of April, the fifth day of July, and the tenth day of October in each and every year certify to the Treasury the amount of annuities for lives (first deducting therefrom the amount chargeable on account of the several lives nominated by the Treasury under the provisions of the said recited Act of the thirtieth year of King George the Third) the half-yearly payments of which shall from time to time be chargeable, and the same are hereby made chargeable, upon the said consolidated fund, on each of such days respectively; and the Treasury shall thereupon order and direct, by warrant, the sums specified from time to time in every such certificate to be issued and paid out of the consolidated fund from time to time to the Bank of England, to be by them placed to the account of the commissioners for the reduction of the national debt, for the purpose of paying all such annuities respectively created by the said first-recited Acts of the eighteenth, nineteenth, and thirtieth years of King George the Second, and by the fifth, eighteenth, and twenty-ninth years of King George the Third. 13. LETTERS OF ATTORNEY FOR TRANSFERRING OR RECEIVING ANNUITIES TO CONTINUE VALID UNDER THIS ACT.-All letters of attorney from time to time in force, which shall have been granted for the purpose of transferring or selling or receiving such life estate so purchased under any of the said recited Acts, shall be valid and effectual for the purposes of this Act, and receiving the same under the provisions of this Act; any thing in any Act or Acts, or this Act, to the contrary notwithstanding. 14. APPOINTMENT OF OFFICERS, &c.-The commissioners for the reduction of the national debt are hereby empowered from time to time to appoint such officers, clerks, and other persons as may be necessary for carrying this Act into execution, and as may be approved of by the Treasury. 15. SUIT, &C. MAY BE INSTITUTED AGAINST THE COMPTROLLER OR ASSISTANT COMPTROLLER IN ALL CASES IN WHICH THE BANK OR THE AUDITOR OF THE EXCHEQUER WOULD HAVE BEEN LIABLE IF THE ANNUITY HAD REMAINED IN THEIR OR HIS BOOKS-COMPTROLLER, &c. NOT TO BE PERSONALLY LIABLE- -SUIT NOT TO ABATE ON DEATH OF COMPTROLLER, &c. -[Recital] In all cases in which any person entitled to or interested in any annuity transferable in the books of the governor and company of the Bank of England, or in any annuity recorded in the books of the said auditor of his Majesty's Exchequer, might have instituted any action, suit, or legal proceeding in any court of law or equity, for or in respect of any act, matter, or thing done by the said governor and company, or by the said auditor, or their officers, or any other person or persons, in relation to any such annuity, or any forged or other illegal transfer thereof, such action, suit, or legal proceeding may be instituted and carried on against the comptroller general of the said commissioners or the assistant comptroller general of the said commissioners for the time being, and damages recovered or other remedy given in any court of law or equity against such comptroller or assistant as might have been recovered or given against the Bank of England in case the said annuity had remained transferable in the books of the Bank of England, or against the said auditor in case the said annuity stood recorded in the books of the said auditor; and all damages and sums of money and costs recovered in any such suit or proceeding shall be paid by the order of the commissioners of the Treasury, (which order the said commissioners are hereby required to give,) out of any of the aids and supplies voted by Parliament for the public service: Provided always, that the body, or goods, chattels, lands, or tenements of such comptroller or assistant comptroller, shall not, by reason of his being defendant, under the provisions of this Act, in any such suit, action, or party in any such proceeding, be liable to be arrested, seized, detained, or taken in execution; and no such suit shall abate on the death or removal from office of the comptroller or assistant comptroller against whom the said suit was had, but shall continue in full force against his successor. 16. DECLARATION, &C. NOT TO BE LIABLE TO STAMP DUTY.-No declaration required by this Act to be made to the commissioners for the reduction of the national debt, nor any warrant, certificate, affidavit, or affirmation, or other instrument, (save and except all letters of attorney which shall or may be granted from time to time for the purposes of this Act,) made out by or under the authority of the said commissioners, shall be liable to the payment of any stamp duty. [S. 17 rep. 37 & 38 Vict. c. 35 (S.L.R.).] 18. POWERS OF TREASURY, AUDITOR OF EXCHEQUER AND BANK to be EXERCISED BY THE COMMISSIONERS.- -All the powers and authorities which are by the said recited Acts, or any or either of them, respectively given to the Treasury, or to the auditor of the Exchequer, or to the governor and company of the Bank of England, or to their respective officers, or any officer or servant acting under them respectively, in relation to any annuity by this Act placed under the management of the commissioners for the reduction of the national debt, or to any matter or thing required by any of the said recited Acts to be done by the Treasury, or by the said auditor, or by the said governor and company, shall and may be used and exercised and put in force for all the purposes of this Act, and for the more effectual carrying the provisions thereof into execution, by the said commissioners for the reduction of the national debt, or by any person acting under their authority, as fully to all intents and purposes, so far as the same are not altered by this Act, as if the same were severally re-enacted in this Act, and expressly given to the said commissioners. 19. FORGING REGISTER, CERTIFICATE, TRANSFERS, &c.; OR PERSONATION OF NOMINEE, &c.; FELONY.—If any person or persons shall forge, counterfeit, or alter, or shall cause or procure to be forged, counterfeited, or altered, or shall knowingly or wilfully act or assist in the forging, counterfeiting, or altering, any declaration, warrant, order, or other instrument, or any affidavit or affirmation required to be made by this Act, or by the commissioners for the reduction of the national debt, under any of the provisions of this Act, or under any authority given to them for that purpose; or shall forge, counterfeit, or alter, or shall cause and procure to be forged, counterfeited, or altered, or shall knowingly or wilfully act or assist in the forging, counterfeiting, or altering, any certificate or order of any officer of the commissioners for the reduction of the national debt, or the name or names of any person or persons in or to any transfer of any annuity, or in or to any certificate, order, warrant, or other instrument for the payment of money for the purchase of any annuity under the provisions of this Act, or in or to any transfer or acceptance of any such annuity in the books of the commissioners for the reduction of 257 S.S.R. II. 17 the national debt, or in or to any receipt or discharge for any such annuity, or in or to any receipt or discharge for any payment or payments due or to become due thereon, or in or to any letter of attorney or other authority or instrument to authorize or purporting to authorize the transfer or acceptance of any annuities or any life annuity of whatsoever kind, or authorizing or purporting to authorize the receipt of any life annuity of whatsoever kind granted under any of the said recited Acts or this Act, or any payment or payments due or to become due thereon; or if any person or persons shall wilfully, falsely, and deceitfully personate any true and real nominee or nominees, or shall wilfully utter or deliver or produce to any person or persons acting under the authority of this Act any forged register or copy of register of any birth, baptism, or marriage, or any forged declaration, affidavit, or affirmation, knowing the same to be forged, counterfeited, or altered, with intent to defraud his Majesty, or with intent to defraud any person or persons whomsoever; then and in every such case all and every person and persons so offending, and being lawfully convicted thereof, shall be adjudged guilty of felony, S. 19 in part rep. 37 & 38 Vict. c. 35 (S.L.R.). 20. TREASURY MAY ORDER. ISSUES OF MONEY FOR PAYMENT OF SALARIES, &C.-The Treasury may order and direct to be issued and paid, out of the fund upon which the establishment of the commissioners for the reduction of the national debt is chargeable, any sum or sums of money for the payment of salaries to officers and clerks acting in the execution of this Act, and for discharging such incidental expenses as shall necessarily attend the execution thereof, in such manner as the Treasury shall from time to time think fit and reasonable, and also for the payment of all such damages, costs, charges, and expenses as shall be recovered against or payable under the provisions of this Act by the comptroller general or assistant comptroller general of the said commissioners; which last-mentioned damages, costs, charges, and expenses shall be payable and paid out of any aids or supplies granted by Parliament, and applicable to any public service. [S. 21 rep. 37 & 38 Vict. c. 35 (S.L.R.).] CHAPTER LXV. THE REPRESENTATION OF THE PEOPLE (SCOTLAND) ACT, 1832 (Short Titles Act, 1896). [17th July 1832.] 1 This Act is rep. 5 & 6 Will. 4, c. 78, s. 13, in all cases in which its provisions are inconsistent with that Act, and in so far as is necessary to give effect to the true intent and meaning of that Act. Whereas the laws which regulate the election of members to serve in the Commons House of Parliament for Scotland are defective, whereby great inconveniences and abuses have been occasioned: And whereas it is expedient, and would be for the evident utility of the subjects within Scotland, that those defects should be remedied, and especially that members should be provided for places hitherto unrepresented, and the right of election extended to persons of property and intelligence, and that the mode of conducting elections should be better regulated and ordered. [S. 1 rep. 51 & 52 Vict. c. 57 (S.L.R.).] 2. BURGHS OF PEEBLES AND SELKIRK TO BE PARTS OF COUNTIES OF PEEBLES AND SELKIRK; AND BURGH OF ROTHSAY To be part of Bute.-After the end of this present Parliament the burghs of Peebles and Selkirk shall, in the matter of elections, be held to be parts of the counties of Peebles and Selkirk respectively; and in like manner the burgh of Rothsay in the county of Bute shall be held, in the matter of elections, to be part of the county of Bute. S. 2 in part, and so far as relates to the burgh of Selkirk, rep. 51 & 52 Vict. c. 57 (S.L.R.). 3. ENUMERATION IN SCHEDULES (A.) AND (B.) OF COUNTIES TO RETURN MEMBERS SEVERALLY OR JOINTLY-PROPERTIES TO BE PART OF COUNTY IN WHICH THEY ARE SITUATE. -Of the members hereafter to be returned to Parliament by the separate or combined shires of Scotland, one shall always be returned by each of the separate shires or parts of shires enumerated in the schedule (A.) hereunto annexed, and one by each two of the combined shires or parts of shires enumerated and described in schedule (B.) hereunto annexed: Provided always, that all properties lying locally within the limits of any county or shire, though hitherto constituting part of some other county, shall, for the purposes of this Act, be held to be part of the county within which they are locally included. S. 3 in part rep. 51 & 52 Vict. c. 57 (S.L.R.). 4. ENUMERATION IN SCHEDULES (C.), (D.), and (E.) OF BURGHS AND DISTRICTS OF BURGHS TO RETURN MEMBERS SEVERALLY OR JOINTLY.-Of the members to be returned for the several or combined cities, burghs, and towns of Scotland, two shall always be returned by each of the separate cities, burghs, and towns enumerated and described in Schedule (C.) hereunto annexed, one by each of the separate cities, burghs, and towns enumerated and described in schedule (D.) hereunto annexed, and one by each of the districts or sets of cities, burghs, and towns enumerated and described in schedule (E.) hereunto annexed. S. 4 in part, and so far as it relates to schedule (C.), rep. 51 & 52 Vict. c. 57 (S.L.R.). 5. BOUNDARIES OF CITIES, Burghs, and Towns to BE AS SET FORTH IN SCHEDULE (M.) -RULES FOR THE CONSTRUCTION OF THE DESCRIPTIONS CONTAINED IN SCHEDULE (M.).— The limits and boundaries of all the cities, burghs, and towns enumerated in any of the above-mentioned schedules shall, for the purposes of this Act, be taken and held to be according to the description and specification of such limits and boundaries set forth and contained in schedule (M.) to this Act annexed; and all the properties within the boundaries therein specified shall hereafter, for the purposes of this Act, be parts of the said cities, burghs, and towns, and not of the adjoining or of any other county: Provided always, that the following rules shall be observed in the construction of the several descriptions of boundaries contained in the said schedule (M.) hereunto annexed; (that is to say,) 1. That the words "northward," "southward," "eastward," "westward," shall respectively be understood to denote only the general direction in which any boundary proceeds from the point last described, and not that such boundary shall continue to proceed throughout in the same direction to the point next described: 2. That when any road is mentioned merely by the name of the place to which such road leads, the principal road thither from the city, burgh, or town of which the boundary is in course of description shall be understood: 3. That whenever a line is said to be drawn from, to, through, or in the direction of, or any distance to be measured from or to, an object, such line shall, in the absence of any direction to the contrary, be understood to be drawn from, to, through, or in the direction of, or such distance to be measured from or to, the centre of such object, as nearly as the centre thereof can be ascertained: 4. That every building through which or through any part whereof any boundary hereby established shall pass shall be considered as within such boundary: Provided always, that if the boundaries of any two or more of the cities, burghs, and towns, whereof the boundaries are hereby described, shall pass through the same building or any part thereof, such building shall be considered as within that one of such two or more of the said cities, burghs, and towns which was before the passing of this Act entitled to return members or a member to serve in Parliament; or if neither or more than one of such two or more of the said cities, burghs, and towns shall have been so entitled, then within that one of them whereof the area as hereby established is the smallest : 5. That whenever any boundary by this Act established is said to pass, or any distance to be measured, along any street, road, lane, or loaning, or up, down, or along any river, stream, canal, or burn, the middle (as nearly as the same can be ascertained) of such street, road, lane, loaning, river, stream, canal, or burn shall be understood: 6. That the middle of any street, road, or lane shall be understood as the middle of the carriageway along the same: 7.-That when any boundary by this Act established is said to proceed, or any distance to be measured, along a street, road, or lane, or up, down, or along a river, from or to an object, such boundary shall be understood to proceed, or such distance to be measured (as the case may be), from or to that point in the middle of such road, lane, or river from which the shortest line would be drawn to the centre of such object, as nearly as the centre thereof can be ascertained: 8. That the point at which any wall, march, boundary, street, road, lane, loaning, avenue, railway, walk, path, river, stream, canal, or burn is said to meet, join, cross, reach, or leave any march, boundary, street, road, lane, loaning, avenue, railway, walk, river, stream, canal, or burn, shall be understood as that point at which a line passing along the middle of the march, boundary, street, road, lane, loaning, avenue, railway, walk, river, stream, canal, or burn so met, joined, crossed, reached, or left, would be intersected by a line drawn along the middle of the wall, march, boundary, street, road, lane, loaning, avenue, railway, walk, path, river, stream, canal, or burn so meeting, joining, crossing, reaching, or leaving, if such line were prolonged sufficiently far; and that the point at which any burn or river joins any firth or the sea shall be understood as that point at which a line passing along the low-water mark of such firth or the sea would be cut by a line to be drawn along the middle of such burn or river, if such line were prolonged sufficiently far; and that the point at which a burn or feeder joins a loch shall be understood as that point at which a line drawn along the shore of such loch would be cut by a line drawn thereto along the middle of such burn or feeder: 9. That when a line is said to be drawn to a road, lane, river, stream, or canal, such line shall be considered as prolonged to the middle of such road, lane, river, stream, or canal: 10.—That by the words "sea" and "shore" shall be understood the low-water mark : 11.-That if any deficiency shall be found to exist in the line of any boundary described in the said schedule to this Act annexed, by reason of the intervention of any space between any two immediately consecutive points, such deficiency shall be supplied by a straight line to be drawn from the one to the other of such two immediately consecutive points. 6. NONE HEREAFTER TO ACQUIRE VOTES, EXCEPT BY QUALIFICATIONS HEREIN-AFTER PROVIDED; BUt Freeholders NOW ENROLLed or entitled to be enrolled in Shires TO BE ENTITLED TO VOTE WHILE THEY RETAIN THEIR QUALIFICATION.-No person shall acquire, by succession, purchase, gift, or otherwise, the right of voting for a member of Parliament, either in shires, or in cities, burghs, or towns, except by one or other of the qualifications herein-after prescribed and directed: Provided always, that all persons who at the passing of this Act shall be lawfully on the roll of freeholders of any shire in Scotland, or who shall then be entitled to be put on such roll, or who shall previous to the first day of March one thousand eight hundred and thirty-one have become the owners or superiors of lands affording the qualification for being so enrolled, shall, so long as they retain the necessary qualification on which they are now enrolled or are entitled to be enrolled as aforesaid, be entitled to be registered and to vote as hereinafter directed in the election of a member for such shire. 7. QUALIFICATION OF COUNTY VOTERS.-Every person, not subject to any legal incapacity, shall be entitled to be registered as herein-after directed, and thereafter to vote at any election for a shire in Scotland, who, when the sheriff proceeds to consider his claim for registration in the present or in any future year, shall have been, for a period of not less than six calendar months next previous to the last day of July in any year, the owner (whether he has made up his titles, or is infeft, or not,) of any lands, houses, feu duties, or other heritable subjects (except debts heritably secured) within the said shire; provided the subject or subjects on which he so claims shall be of the yearly value of ten pounds, and shall actually yield or be capable of yielding that value to the claimant, after deducting any feu duty, ground annual, or other consideration which he may be bound to pay or to give or account for as a condition of his right; provided he be, by himself, his tenants, vassals, or others, in possession of the said subjects, and be either himself in the actual occupation or in receipt of the profits and issues thereof to the extent above mentioned: Provided always, that where the whole profits and issues of any such subject do not arise annually, but at longer intervals, the worth and amount of such occasional profits shall be taken into computation in estimating the annual value: Provided also, that where any property which would entitle the owner to be registered and to vote as above shall come to any person, within the said period of six months, |