SCHEDULE. All Bills, Drafts, or Orders for the Payment by any Banker or Person acting as a Banker Provided always, that any One Document or Writing, although directing the Payment Exemptions. Any Draft or Order drawn by any Banker upon any other Banker, not payable to Bearer Any Letter written by a Banker to any other Banker directing the Payment of any Sum of COPY.-Certified Copy or Extract of or from any Register of Births, Baptisms, Marriages, The said Duty to be paid by the Person requiring any such Copy or Extract. Exemptions. Copies of Entries of Baptisms, Marriages, and Burials transmitted to the Registrar of the Certified Copies of Registers sent by Superintending Registrars to the General Registrar, in And Copies or Extracts made or given under or in pursuance of the 7 Victoria, c. 18, to COST BOOK MINES.-Any Note, Instrument, or Writing requesting or authorizing the DECLARATION in lieu or in the Nature of an Affidavit, in any Case where, if the same were Exemption. Any Writing or Document given by any Inland Carrier acknowledging the Receipt of Goods LETTER or POWER of ATTORNEY for the Sale, Transfer, or Acceptance of any of the Duty. £ s. d. 001 006 The same Duty аз would be chargeable on such Affidavit. 0 0 1 003 05 0 CAP. XXI. 39 & 40 G. 3. c. 99. Pawnbrokers may charge One Half. An Act to amend the Act for better regulating the Business of Pawnbrokers. [15th May 1860.] WHEREAS by an Act of Parliament passed in the Thirty-ninth and Fortieth Years of the Reign of King George the Third, intituled An Act for better regulating the Business of 'Pawnbrokers, it is enacted, that every Pawnbroker shall, at the Time of the taking of every Pawn, 'Pledge, or Exchange whatsoever, give to the Person or Persons so pawning, pledging, or exchanging the same a Note or Memorandum containing a Description thereof, with other Particulars, as in the Sixth Section of the said Act mentioned, and that every such Note, where the Sum lent 'shall be less than Five Shillings, shall be delivered gratis: And whereas it is expedient that 'Amendment should be made with respect to such Delivery:' 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; that is to say, I. Upon and from the Commencement of this Act, it shall be lawful for all Persons using and penny for Notes exercising the Trade or Business of a Pawnbroker to take One Halfpenny for every such Note or describing Things Memorandum as aforesaid where the Sum lent shall be less than Ten Shillings, anything in the said pawned underlos Act contained to the contrary notwithstanding; and the said Sixth Section of the said Act shall be read and construed as if it contained no Enactment for the Delivery of any Note or Memorandum gratis. Payment for II. Provided always, That for every such Note or Memorandum where the Sum lent shall be Ten upwards to Shillings or upwards, the respective Sum specified in such Behalf in the said Sixth Section shall and main as stated in may be taken as heretofore. re. Sect. 6 of recited Act. 7 G. 2. c. 8. 10 G. 2. c. 8. Recited Acts repealed. เ CAP. XXVIII. An Act to repeal the Act of the Seventh Year of King George the Second, Chapter Eight, commonly called "Sir John Barnard's Act," and the Act of the Tenth Year of King George the Second, Chapter Eight. [14th June 1860.] WHEREAS an Act was passed in the Seventh Year of the Reign of King George the Second, Chapter Eight, to prevent the Practice of Stock-jobbing, and by another Act passed in 'the Tenth Year of the said King's Reign, Chapter Eight, the said first-mentioned Act was made perpetual: And whereas the said Acts impose unnecessary Restrictions on the making of Contracts for the Sale and Transfer of Public Stocks and Securities, and it is therefore expedient to repeal 'the same:' 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: I. From and after the passing of this Act the said Two several Acts before mentioned shall be and the same are hereby repealed. CAP. XXX. An Act to enable a Majority of Two Thirds of the Ratepayers of any WH HEREAS it is expedient that Facility should be given for the Purpose of effecting Local Improvements beneficial to the Health and Comfort of the People:' 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: I. It Public Walks, &c. and I. It shall be lawful for the Ratepayers of any Parish maintaining its own Poor, the Population Ratepayers may hold Land, &c. of which, according to the last Account from Time to Time taken thereof by the Authority of for Purpose of Parliament, exceeds Five Hundred Persons, to purchase or lease Lands, and to accept Gifts and forming Grants of Land, for the Purpose of forming any Public Walk, Exercise or Play Ground, and to levy Rates for levy Rates for maintaining the same, and for Removal of any Nuisances or Obstruction to the free maintaining the Use and Enjoyment thereof, and for improving any open Walk or Footpath, or placing convenient same, &c. Seats, or Shelters from Rain, and for other Purposes of a similar Nature. 10 Vict. c. 74. II. This Act may be adopted for any Borough, or for any Parish having a Population of Five Adoption of Act, Hundred or upwards, (according to the last Account for the Time taken by Authority of Parlia- according to 9 & ment,) in the same Manner as the Act of the Ninth and Tenth Victoria, Chapter Seventy-four, may be adopted in such Borough or Parish. houses. III. Where the Act is adopted in a Borough or in such a Parish, the Provisions of the Act of the As to Public Ninth and Tenth Victoria, Chapter Seventy-four, for the Purposes below specified applicable in the Baths and Washlike Cases where that Act is adopted, shall take effect for the Purposes of this Act, viz.: All the Provisions concerning 1. The Authority by which and the Manner in which the Act is to be carried into execution: 3. The Appointment (in the Case of a Parish) of Commissioners, the Tenure of Office and 4. The Powers of the Councils and Commissioners for the Purposes of the Act (except the Powers of borrowing Money): IV. After the Adoption of this Act it shall be lawful for the Ratepayers in Meeting assembled Ratepayers, after to rate such Parish to a separate Rate, to be called the " Notice given, to Parish Improvement rate Parishes. Rate;" provided that such Rate be agreed to by a Majority of at least Two Thirds in Value of the Ratepayers assembled at such Meeting. V. Corporate Bodies shall be allowed to attend Meetings to be held as aforesaid and to vote Corporate Bodies thereat by some Person to be deputed by them for that Purpose under their Corporate Seal. may attend and vote. estimated Cost VI. Provided always, That previous to any such Rate being imposed a Sum in Amount not less One Half of than at least One Half of the estimated Cost of such proposed Improvement shall have been raised, to be raised by given, or collected by private Subscription or Donation. Subscription. VII. Such Rate shall not exceed Sixpence in the Pound. CAP. XXXIII. Amount of Rate. An Act to amend certain Provisions in the Bankrupt Law of Scotland. WE [3d July 1860.] HEREAS it is expedient that certain Provisions of "The Bankruptcy (Scotland) Act, 19 & 20 Vict. c. 79 1856," should be amended:' 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: I. This Act may be cited as "The Bankruptcy (Scotland) Amendment Act, 1860." Short Title. sion, &c. that the II. If in any Case where Sequestration has been or shall be awarded in Scotland it shall appear Where it appears to the Court of Session or to the Lord Ordinary, upon a summary Petition by the Accountant in to Court of SesBankruptcy, or any Creditor or other Person having Interest, presented to either Division of the Estate ought to said Court or to the Lord Ordinary at any Time within Three Months after the Date of the be distributed in Sequestration, that a Majority of the Creditors in Number and Value reside in England or in Engla Sequestraland, Ireland, and that from the Situation of the Property of the Bankrupt or other Causes his Estate tion may be reand Effects ought to be distributed among the Creditors under the Bankrupt or Insolvent Laws of called. England or Ireland, the said Court in either Division thereof or the Lord Ordinary, after such Inquiry as to them shall seem fit, may recal the Sequestration. [PRINTED BY AUTHORITY.] Bankrupt may in Discharge of III. The said Court, in either Division thereof, or the Lord Ordinary, or the Sheriff, may refuse certain Cases be the Application for the Discharge of any Bankrupt, although Two Years have elapsed from the refused, although Date of the Sequestration, and although no Appearance or Opposition shall be made by or on the no Opposition be Part of any of the Creditors, if it shall appear from the Report of the Accountant in Bankruptcy made by Credi- or other sufficient Evidence that the Bankrupt has fraudulently concealed any Part of his Estate or Effects, or has wilfully failed to comply with any of the Provisions of "The Bankruptcy (Scotland) Act, 1856." tors. Interlocutors subject to Review. "Gazette" in said IV. All Interlocutors pronounced by the Lord Ordinary or the Sheriff under the Provisions of this Act shall be subject to the Review of the said Court of Session. V. To remove Doubts which have arisen, it is declared that the Word "Gazette" in the SixtyAct to mean Edin-seventh Section of the said Act shall be held to mean the "Edinburgh Gazette;" and the Provisions burgh Gazette. contained in the said Act relative to Deeds of Arrangement shall extend to and include Settlements or Arrangements by way of Composition. Fee payable to VI. The Fee provided to be paid to the Sheriff under Schedule I. of the said Act is hereby abolished; but no Claim shall exist in respect of any such Fee which shall have been paid prior to the passing of this Act. VII. For attending any Meeting of Creditors or Examination a Fee of One Pound One Shilling Sheriff for Attend- shall be payable to the Sheriff for each such Meeting or Diet of Examination not being on the same Day. ances, &c. Recited Act to VIII. "The Bankruptcy (Scotland) Act, 1856," except in so far as altered by this Act, shall be remain in force. and remain in full Force and Effect, and shall be construed with this Act; and Words interpreted in the said Act shall when used in this Act have the same Meanings as are assigned to them respectively by the said Act. 8 & 9 Vict. c. 26. Fishing for Trout, &c. by means of CAP. XLV. An Act to extend the Act of the Eighth and Ninth Years of Victoria, เ WHE HEREAS by the Act Eighth and Ninth Victoria, Chapter Twenty-six, intituled An Act to prevent fishing for Trout or other Fresh-water fish by Nets in the Rivers and Waters in 'Scotland, Provision is made for preventing the Destruction of Trout and other Fresh-water Fish by Nets in the Rivers, Waters, and Lochs of Scotland: And whereas there are various other ways 'by which Trout and other Fresh-water Fish may be destroyed which have not yet been declared 'illegal' 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: Nets, &c. in any any Rivers, &c. Scotland hibited. I. That it shall not be lawful for any Person whatsoever, (except as herein-after provided,) at Time after the passing of this Act, to fish for Trout or other Fresh-water Fish in any River, in Water, or Loch in Scotland, with any Net of any Kind or Description, or by what is known as pro- Double Rod Fishing, or Cross Line Fishing, or Set Lines, or Otter Fishing, or Burning the Water, or by striking the Fish with any Instrument, or by Pointing, or to put into the Water Lime or any other Substance destructive to Trout or other Fresh-water Fish with Intent to destroy the same; and if any Person shall wilfully take, fish for, or attempt to take, or aid and assist in taking or fishing for, or attempting to take or fish for, in or from any such River, Water, or Loch, any Trout or other Fresh-water Fish by or with any Net of any Kind or Description, or by Double Rod Fishing, or Cross Line Fishing, or by Set Lines, or Otter Fishing, or by Burning the Water, or striking the Fish with any Instrument, or by Pointing, or by putting into the Water Lime or any other Substance destructive to Trout or other Fresh-water Fish with Intent to destroy the same, such Person shall forfeit and pay any Sum not exceeding Five Pounds for every such Offence, besides forfeiting the Trout or Fish taken, and also every Boat or Net, Tackle, Instrument, or other Article in or by which the same may have been taken or attempted to be taken, and shall also pay the full Nothing to pre- Expenses of the Conviction: Provided that nothing in this Act contained shall prevent any Person Rights, having the Right to fish in any River, Water, or Loch in Scotland, or any Person having Permission from such Person, from exercising the Right of fishing in such River, Water, or Loch in any Mode not prohibited by Law prior to the passing of this Act. Penalty. vent having Persons II. If passing on any II. If any Person shall trespass upon any Ground, enclosed or unenclosed, or in or upon any Penalty for tresRiver, Water, or Loch, with Intent to take any Trout or other Fresh-water Fish, with any Net, Ground or River Double Rod, Cross Line, Set Line, or Otter, or by Burning the Water, or by striking the Fish with to fish with Net, any Instrument, or by Pointing, or to destroy the Fish by putting Lime or other Substance destructive to Trout or other Fresh-water Fish into the Water, such Person shall forfeit and pay a Sum not exceeding Five Pounds for every such Offence. &c. to seize Boats, of III. It shall be lawful for any Person, having the Authority of the Proprietor of Land through Power to Persons or past which the River or Water flows or upon which the Loch is wholly or partially situate, to having Authority seize and detain any Boat or Net of any Description, Double Rod, Cross Line, Set Line, or Otter, Nets, &c. used in or Materials for Burning the Water, or Instruments for striking the Fish, or for Pointing, or Lime Commission or other Substance destructive to Trout or other Fresh-water Fish, used or intended to be used in the Commission of any such Offence, and also any Fish taken by any such Offender, and to give Information thereof to the Sheriff or Justice of the Peace. Offences. be from acting. IV. All Justices of the Peace shall and may act in the Execution of this Act notwithstanding Justices who are that such Justices shall be the Proprietors of Land through or past which any River or Water may Proprietors not to flow, or upon which any Loch may be wholly or partially situated, or shall otherwise have a Right disqualified of Trout or Fresh-water Fishing in any such River, Water, or Loch, except in Cases in which the Offence has been committed on the Property of such Justice, or in which such Justice is a Party to the Prosecution of the Case, or is directly interested in the Result thereof; and no such Proprietor or Party having Right as aforesaid shall be incompetent as a Witness to prove any Offence committed against this Act by reason of his being such Proprietor or having such Right. V. And for the Recovery of the Penalties and Forfeitures imposed by this Act, be it enacted, For the Recovery That any such Penalties or Forfeitures may be recovered by summary Proceeding upon Complaint of Penalties. in Writing made by the Procurator Fiscal or by any Party prosecuting for the same to the Sheriff or any Justice of the Peace for the County in which such Offence shall be committed, or to the Sheriff or any Justice of the Peace for any County in which the Offender may be found, and on such Complaint such Sheriff or Justice of the Peace shall issue a Warrant for bringing the Party complained against immediately before him, or shall issue an Order requiring such party to appear at a Time and Place to be named in such Order; and every such Order shall be served on the Party complained against by any County Officer, either by delivering to such Party personally or by leaving with some Inmate at his usual Place of Abode a Copy of such Order, and of the Complaint whereon the same has proceeded; and either upon the Appearance or the Default to appear of the Party complained against it shall be lawful for the Sheriff or Justice to proceed to the hearing of the Complaint; and upon Proof of the Offence, and without any written Pleadings or Record of Evidence, to convict the Offender, and upon such Conviction to decern, adjudge, and sentence him to pay the Penalty or Forfeiture incurred, and the Expenses attending the Conviction, and to grant Warrant for imprisoning him until such Penalty or Forfeiture and Expenses shall be paid: Provided always, that such Warrant shall specify the Amount of such Penalty or Forfeiture and Expenses, and shall also specify a Period at the Expiration of which the Party shall be discharged, notwithstanding such Penalty or Forfeiture and Expenses shall not have been paid, and which Period shall in no Case exceed Two Months; and it shall be lawful for the Sheriff or Justice to make such Orders concerning the immediate Disposal of any Boat, Net, Double Rod, Cross Line, Set_Line, or Otter, or Materials for Burning the Water, or Instruments for striking the Fish, or for Pointing, or Lime or other Substance destructive to Trout or other Fresh-water Fish, or Fish seized or forfeited under the Provisions of this Act, as may be necessary. 20 G. 2 c. 43. VI. It shall be lawful for any Person who shall think himself aggrieved by any Judgment of the Power to appeal Sheriff or Justice of Peace pronounced in any Case arising under this Act to appeal from the in manner as in same to the next Circuit Court of Justiciary, or, where there are no Circuit Courts, to the High Court of Justiciary at Edinburgh, in the Manner and by and under the Rules, Limitations, Conditions, and Restrictions contained in an Act passed in the Twentieth Year of the Reign of His Majesty King George the Second, for taking away and abolishing Heritable Jurisdiction in Scotland, with this Variation, that such Person shall, in place of finding Caution in the Terms prescribed by the said Act, be bound to find Caution to pay the Penalty or Forfeiture and Expenses awarded against him by the Sentence appealed from in the event of the Appeal being dismissed or not insisted in, together with any additional Expenses that may be awarded by the Court on deciding or dismissing the Appeal; and it shall not be competent to appeal from or bring the Judgment of any Sheriff or Justice of Peace acting in the Execution of this Act under Review, by Advocation or Suspension or by Reduction, or in any other Way than as herein provided. VII. All Penalties and Forfeitures imposed under the Authority of this Act shall, when levied, Application of be paid, the One Half thereof to the Prosecutor and the other Half to the Inspector of the Poor of Penalties. the Parish within which the Offence shall have been committed, on behalf of such Poor. VIII. No Prosecution or other Proceeding whatever shall be brought or commenced against any Limitation of |