Police Authority of such Burgh, who may address any Statement relating thereto to the Secretary of State; and in every Case in which such Certificate is withheld a Statement of the Grounds on which the Secretary of State has withheld such Certificate, together with any such Statement of the Commissioners of Supply or Magistrates or other Police Authority as aforesaid, shall be laid before Parliament. Sum to be LXVII. No such Sum as aforesaid shall be paid towards No such the Pay and Clothing of the Police of any Burgh, not paid to any being consolidated with the Police of a County under this Burgh Act, the Population of which Burgh, according to the last Population Parliamentary Enumeration for the Time being, does not does not exceed Five thousand. where exceed 5,000, &c. of Penalties LXVIII. Every Penalty imposed by this Act may, un- Recovery less otherwise specially provided, be recovered by summary under this Proceeding upon Complaint in Writing made in Name of Act. any Chief Constable or Superintendent of Police, or Constable, or Clerk of Supply, to the Sheriff or Justices of the Peace of the County in which the Offence shall have been committed, or to the Sheriff or Justices of the Peace of any County in which the Offender may be found; and on such Complaint being made such Sheriff or Justices shall issue a Warrant or Order requiring the Party complained against to appear on a Day and at a Time and Place to be named in such Order; and every such Order shall be served on the Party offending either in Person or by leaving with some Inmate at his usual Place of Abode a Copy of such Order, and of the Complaint whereupon the same has proceeded, and either upon the Appearance or upon the Default to appear of the Party offending, it shall be lawful for the Sheriff or Justices to proceed to the Hearing of the Complaint, and upon Proof of the Offence, either by the Confession of the Party complained against, or other legal Evidence, and without any written Pleadings or Record of Evidence, to convict the Offender, and upon such Conviction to decern and adjudge the Offender to pay the Penalty incurred, as well as such Expenses as the Sheriff or Justices shall think fit, and to grant Warrant for imprisoning the Offender until such Penalty and Expenses shall be paid: Provided always, that such Warrant shall specify the Amount of such Penalty and Expenses, and shall also specify a Period at the Expiration of which the Party shall be discharged, notwithstanding such Penalty or Expenses shall not have been paid, which Period shall in no Case exceed Three Months. tion of LXIX. The Sheriff or Justices by whom every Penalty Applicashall be imposed by virtue of this Act shall award such Penalties. Parishes of Cumber loch to be County of Penalty to be applied for the Purposes of this Act within the County in which the Offence was committed, and shall order the same to be paid over to the Complainer, or to some other Person for that Purpose: Provided always, that no Person shall be liable to the Payment of any Penalty imposed by virtue of this Act unless such Penalty shall have been prosecuted for within Six Months after the Commission of the Offence for which it has been incurred. LXX. The Parishes of Cumbernauld and Kirkintilloch nauld and shall be considered as forming Part of the County of DumKirkintil- barton, unless a Majority of Two Thirds of the Commisconsidered sioners of Supply of the County, and of Two Thirds of the as Part of Commissioners of Supply qualified within the said Parishes, Dumbar- shall be of opinion that it would be more for the public Advantage that they should, for the Purposes of this Act, be considered as forming Part of the County of Stirling or of the County of Lanark, in which Case they shall form Part of such One of the said Counties as shall be agreed to by the Majority of Commissioners of Supply as aforesaid. ton. Parishes of Tulliallan and Cul Perthshire be consi dered as Part of Clackmannan, and Perthshire hart as Part of Kinross. LXXI. For the Purposes of this Act, the Parishes of Tulliallan and Culross, and the Perthshire Portions of the ross, and Parish of Logie, shall be considered as forming Part of the Portions of County of Clackmannan, and the Perthshire Portions of the Logie, to Parishes of Fossoway and Muckhart shall be considered as forming Part of the County of Kinross: Provided always, that if the Heritors and Rate-Payers of the Perthshire Por County of tion of the Parish of Logie shall, within Six Months after the passing of this Act, at a Meeting specially called by Portions of public Advertisement, upon the Requisition of not fewer Fossoway than Five of their Number, to consider the Provisions of and Muck- this Act, resolve that it is expedient that such Portion of the Parish shall be connected with the County of Perth, County of then such Portion of the Parish shall be connected with such County for the Purposes of this Act; and if the Heritors and Ratepayers of the Parishes of Fossoway and Muckhart shall, at a Meeting called in like Manner upon the Requisition of a like Number of such Heritors and Ratepayers, resolve that it is expedient that the Perthshire Portions of such Parishes shall be connected with the County of Perth, then they shall be connected with such County accordingly for the Purposes of this Act; and if the Heritors and Ratepayers of the Parishes of Tulliallan and Culross shall, at a Meeting called in like Manner, and within a like Time, upon the Requisition of a like Number of such Heritors and Ratepayers, resolve that it is expedient that such Parishes shall be connected with the County of Perth, then they shall be connected with such County accordingly; and if the Heritors and Ratepayers of the Parish of Ålva shall, at a Meeting called in like Manner, and within a like Time, upon the Requisition of a like Number of such Heritors and Ratepayers, resolve that it is expedient that such Parish shall be connected with the County of Stirling, then such Parish shall be connected with the County of Stirling accordingly. having a Police Es adopt One LXXII. It shall be lawful for any Burgh which may Burghs not not, at the passing of this Act, have a Police Act or an Establishment of Police under the said recited Acts of Third tablishand Fourth of King William the Fourth, Chapter Forty- ment may six, or of the Thirteenth and Fourteenth of Her Majesty, within Six Chapter Thirty-three, to establish a Police therein, under Months.. the Provisions of the said recited Acts or either of them, within Six Months after the passing of this Act; and in the event of such an Establishment of Police being therein adopted within the said Period, such Burgh shall not be deemed, for the Purposes of this Act, to form Part of the County within which it is situated. Burghs, more than Chief Ma officio LXXIII. If under this Act any Burgh being a Royal In Royal or Parliamentary Burgh or Burgh of Barony or Regality, &c., cocontaining by the Government Census immediately pre- taining ceding more than Two thousand Inhabitants, shall be Two thoucomprehended in and form Part of any County or District sand infor the Purposes of this Act, the Chief Magistrate of such habitants, Burgh shall be an ex officio Member of the Police Com-gistrate to mittee of the County or District: Provided always, that be an ex there shall never be more than Two such Members of any Member of Police Committee, and if more than Two such Burghs shall Police, be so comprehended, the Chief Magistrates of such Burghs tee. shall be Members of the Committee in annual Rotation, the Chief Magistrates of the Two Burghs which contain the greatest Amount of Population, as shown on such Census, being Members of the Committee for the Year commencing on the First Day of November next, and the like Order being observed annually in regard to the Chief Magistrates of the other Burghs respectively. Commit diminish Royal and LXXIV. Nothing in this Act shall impair or diminish Act not to the Powers or Jurisdiction of the Magistrates of any powers of Royal or Parliamentary Burgh or any Burgh of Barony Magisor Regality which may form Part of any County or Dis-trates of trict under this Act; and such Magistrates shall be en- other titled to require any Constable appointed to be on Duty Burghs within such Burgh to execute their lawful Orders and form Part Warrants relative to and within the Limits of such Burgh; of any Disand such Magistrates shall have the like Jurisdiction in this Act respect of Neglect or Violation of Duty on the Part of a Constable within Burgh as is herein-before conferred on the Sheriff or Two Justices. which may trict under ing efficient with as if it Any Burgh LXXV. If within Six Months after the Date of this maintain Act the Inspector shall report to One of Her Majesty's Police to Principal Secretaries of State that any Burgh maintains be dealt out of the common Good of the Burgh, or any Funds maintained other than Assessment, a complete and efficient Police a separate Force for the Purposes of such Burgh, such Burgh shall be considered and dealt with, as long as the Inspector shall continue so to report, but no longer, as if it maintained a separate Police Force under a Police Act. Police Force under a Police Act. Act not to extend to LXXVI. This Act shall not extend to Orkney or ShetOrkney or land, unless Her Majesty in Council, on the Application of Shetland the Lord Advocate, or of the Sheriff Principal of the unless Her County, or of the Commissioners of Supply of Orkney or Shetland, shall so direct. Majesty shall so direct. Act not to LXXVII. This Act shall not affect any Police Force affect Rail- maintained in respect of any Railway, Canal, or navigable River under Private or Local Acts of Parliament. way, &c. Police. Interpretation of Terms. LXXVIII. The following Words and Expressions, when used in this Act, shall in the Construction thereof be interpreted as follows, except where the Nature of the Provision or the Context shall exclude or be repugnant to such Construction; (that is to say,) the Word "County shall include Stewartry, and shall extend to all Harbours, Bays, Lochs, or Anchorages within the County or Stewartry, and also all Burghs and Places within the County or Stewartry, not being a Burgh or Town which has a Police Act, or an Establishment of Police under the Provisions of the recited Act of the Third and Fourth of King William the Fourth (Chapter Forty-six), or of the recited Act of the Thirteenth and Fourteenth of Her Majesty (Chapter Thirty-three); the Word "Burgh" shall mean a Royal or Parliamentary or other Burgh or Town which has a Police Act, or an Establishment of Police under the Provisions of one or other of the Two last-mentioned Acts; the Expression “ Landward Part of a County” shall include and apply to a County, exclusive of the Burghs situated therein; the Word "Sheriff," and the Words "the Sheriff," shall include Sheriff Substitute as well as Sheriff; the Expression "Lands and Heritages" shall have the like Signification as in the said Act of the Seventeenth and Eighteenth Years of Her Majesty (Chapter Ninety-one); the Expression "Commissioners of Supply," or "Commissioners of Supply of the County," shall mean the Commissioners of Supply of the County, exclusive of any Burgh or detached Part of any other County adjoining or locally situated within the same, and inclusive of any detached Part of such first-mentioned County locally situated in any other County; the Word “ Constable” shall include 66 "Chief Constable" and "Superintendent of Police," and every Grade of Constable or Police Officer; the Words "Clerk of Supply" shall extend and apply to any Person executing the Duties of Clerk of Supply, or who may be appointed by the Commissioners of Supply to be Clerk of Supply for the Purposes of this Act; the Words "Sheriff Clerk" shall extend to and apply to any Person executing the Duties of Sheriff Clerk; and the Word "Month shall mean "Calendar Month." CAP. LXXIII. An Act for the Abatement of the Nuisance arising from the WHEREAS it is expedient to make Provision for the Abate- Aug. 1858, within the consume I. From and after the First Day of August One thou-From and sand eight hundred and fifty-eight, every Furnace em- after 1st ployed or to be employed in the working of Engines by all FurSteam, whether locomotive or otherwise, in any Place to naces which this Act shall apply, or on board of any Steam Ves-Limits of sel stopping at or in any such Place, or in or at any Port, the Act to Pier, Landing Place, or Harbour within the same, or when their own plying on any Part of a River which at such Part shall not Smoke. exceed a Quarter of a Mile in Breadth, and every Furnace employed or to be employed in any Mill, Factory, Distillery, Brewhouse, Sugar Refinery, Bakehouse, Gasworks, Waterworks (although a Steam Engine be not employed therein), or in any Public Bath or Wash-house within the same, although such Public Bath or Wash-house shall not be used for the Purposes of Trade or Manufacture, shall in all Cases be constructed or altered so as to consume or burn the Smoke arising from such Furnace; and if any Person or Company shall, after the First Day of August One thousand eight hundred and fifty-eight, use in any such Place, or on board of any such Steam Vessel, any such Furnace which shall not be constructed so as to consume or burn its own Smoke, or shall so negligently use any such Furnace as that the Smoke arising therefrom shall not be effectually consumed or burnt, every Person or Company so offending, being the Owner or Occupier of the Premises or the Owner |