less than Ten. Powers of incorporated Faculties and Societies. General General Coun not less than Three Fourths of their Number, by their Assent given in Writing, to combine with the Procurators in any One or more Counties, Wards, Districts, or Divisions, to form themselves into a Society of Procurators under this Act, provided the aggregate of the whole shall be at least Ten; and on such Assent being given in Writing, and recorded in the Court Books of each of the said Counties, Wards, Districts, or Divisions, such Society shall in all respects, for the Purposes of this Act, be entitled to the same corporate Powers and Privileges as any other Society formed under this Act; or otherwise, in the event of no such Combination, the Procurators of any County, Ward, District, or Division whose Number is less than Ten shall be entitled individually to become Members of the Society of Procurators formed in any other County, Ward, District, or Division, in Terms of this Act, and who shall be willing to receive them, and they shall on being duly admitted become Members of said Society; Provided always, that in case of the Procurators in Two or more Counties combining to form a Society as aforesaid, the Sheriff of the County having the largest Number of Procurators at the Time such Society is formed shall alone exercise the Functions which are conferred on Sheriffs by this Act in relation to such Societies. 16. Every Faculty or Society of Procurators already incorporated, or which shall after the passing of this Act be incorporated, in Terms thereof, shall from Time to Time, subject to the Approval of the Sheriff, issue Regulations for the preliminary Examination in the Elements of general Knowledge of Persons desirous of entering into Indentures of Apprenticeship with any Procurator of their Court or the Sheriff's Clerk, and without such Examination, and the Person undergoing the same being reported qualified, such Indenture shall be of no Force or Effect for the Purpose of Admission as aforesaid; and such Society may also, if it sees fit, subject in like Manner to the Approval of the Sheriff, impose a Curriculum of legal Study on the Apprentices serving their Time to the Members of such Faculty or Society, and may institute compulsory Examinations in Law and in legal Training and Practice of such Apprentices at the End of the Second, Third, and Fourth Years of their Apprenticeship, under such Regulations as to extending the Period of Apprenticeship, in case of Failure satisfactorily to undergo such Examinations, as may be established by and under Authority of the General Council herein-after appointed; and any Society hereafter to be incorporated may establish a Fund for the Benefit of indigent Members and of the Widows and Children of Members, and provide for the Use of the Members of the Society a Law Library, to be managed in such Manner as may be settled by the Byelaws, and for these and other Purposes may exact Payment of such Entrance Fees from Parties applying to be admitted as Procurators, and such annual Contribution from each Member of the Society, as may from Time to Time be fixed by the Society, and be approved of by the Sheriff as aforesaid; and in Counties where no such Society exists it shall be in the Power of the Sheriff to order and enforce the preliminary and intermediate Examinations aforesaid. 17. The Dean, President, or other chief Office Bearer of each of the several Faculties or Societies of Procurators already incorporated, or which shall after the passing of this Act be incorporated, in Terms thereof, or in his Absence the Sub-Dean, Vice President, or other Member of such Faculty or Society elected to act in his Place, shall form a General Council of Procurators for the Purpose of exercising the Powers conferred upon them by this Act, and shall meet at least once in each Year at such Time and Place as may be fixed in manner herein-after provided, any Five Members of such General Council being a Quorum. 18. The First Meeting of such General Council shall be held at Edinburgh on Monday cil to meet and the Thirtieth Day of October One thousand eight hundred and sixty-five, at One o'clock, frame Byelaws. within the Sheriff Court-house, and the Members present, after choosing an interim Chairman, shall appoint a Committee of their Number to frame a Draft of the Byelaws herein-after mentioned, with Instructions to report such Draft to an adjourned Meeting, to be held at a Time and Place to be then fixed; and it shall be lawful for such adjourned Meeting, or any other Meeting held by Adjournment, to adopt the said Byelaws, with or without Amendments. 19. The Place of future 19. The Byelaws to be so framed and adopted shall provide for the yearly Appointment Office Bearers of Office Bearers, and in particular of a President, and for the Time and Place of all and Time and Meetings of the General Council and Office Bearers, and for the Mode of calling the same, Meetings to be and for all other Regulations necessary for beneficially transacting the Business committed appointed. to the General Council by this Act, and for the future Amendment of such Byelaws, if necessary. General Coun cil to prescribe a Curriculum of legal Study, and frame Regulations as to Subjects, &c. 20. The General Council shall prescribe a Curriculum of legal Study for Persons Power to intending to apply for Admission as Procurators, and shall by themselves, or by One or more Committees of their Number, and with such Assistance as the Council may see fit to appoint, act as Examiners of Persons applying for Admission as Procurators, and shall as soon as may be after the passing of this Act frame Regulations as to the Subjects both in general Knowledge and Law, and legal Training and Practice, in which all Persons applying for Admission after a certain Date to be therein fixed shall be examined as hereinbefore provided, in order to ascertain that they are in these respects qualified for Admission, and also Regulations as to extending the Period of Apprenticeship of Apprentices failing to undergo satisfactorily the compulsory Examinations herein-before provided, and may, if need be, vary such Curriculum and Regulations to suit the peculiar Circumstances of any County, and may also from Time to Time thereafter alter and amend such Regulations respectively. lations to be submitted to Sheriffs con vened as by 1 & 2 Vict. 21. The Curriculum, Regulations, and Byelaws to be framed by the General Council as Such Regu aforesaid, or any future Alterations or Amendments thereof, shall be of no Force or Effect unless the same have been submitted to the Sheriffs of Scotland convened as directed by the Act First and Second Victoria, Chapter One hundred and nineteen, Section Thirty-two, and reported on by the Meeting so convened, or any adjourned Meeting of the Sheriffs, to the Lord President of the Court of Session, the Lord Justice Clerk, and the other Judges of the Court of Session, and have been approved of by them, and until the said Regulations are so approved of the Rules in operation in each County, Ward, or District for the Examination of Persons applying for Admission shall continue in force. 22. The General Council shall also from Time to Time fix the Times and Places at which such Examinations may most conveniently be conducted, and shall also, subject to the Approval aforesaid, fix the Fees to be paid by the Applicants to defray the Expense of such Examinations and the Application of the Fees so paid. 23. The General Council may, from Time to Time, exact such Contributions from the various Faculties and Societies already incorporated, or to be incorporated under this Act, as shall be required for the necessary Expenditure of the General Council and Office Bearers thereof, and that as nearly as may be in proportion to the Numbers of Members of such Faculties or Societies, and may recover Payment of such Contributions by Action at Law, to be brought in Name of their President or of any of their Office Bearers whom they may appoint for that Purpose, an Account of which Contributions and Expenditure shall be made up annually, and Copies transmitted to the Dean, President, or other chief Officer of every such Faculty or Society. c. 119. and approved by Lord President, &c. General Council to fix Time Fees of Exami and Place and nations. Expenses of cil how to be Practice or 24. No Person who has been admitted a Procurator in Terms of this Act shall be liable How Procuto have his Admission challenged or set aside on any Ground except Fraud; reserving, rator may be nevertheless, to and empowering the Sheriff of each County, Ward, District, or Division suspended from as aforesaid, on a written Complaint made and Cause shown to him by any incorporated struck off Faculty or Society of Procurators practising in his Court, and where there is no such Register. Faculty or Society then by any Three or more Procurators practising in such Court, to call before him, on Six Days Induciæ, and thereafter, whether with or without Compearance, to suspend from Practice, or to strike off the Register, the Name of any Procurator registered in his Court whom he may deem guilty of gross Misconduct, which Sentence shall contain within itself a Statement of the Facts and Grounds on which it proceeded, and shall be subject to Review and Stay of Execution only by Petition of Appeal, to be presented, within Six Months from the Date of such Sentence, to the Inner House of the Court of Session Power to Procurators to complain to the Sheriff of unqualified Procurators. Penalty on Procurator lending his Name to unqualified Per sons. Effects of Sheriff's Sen tence. Nothing to prejudice Privipublic Bodies. Power to Session sitting in either Division, who may hear any Person interested thereon, and may 25. Any Procurator shall be entitled to complain to the Sheriff in whose Court he is entitled to practise against any Person practising in such Court who is not a Procurator thereof; and the Sheriff shall, on such Complaint being proved to his Satisfaction, interdict such Person from Practice; and any Procurator who shall knowingly and wilfully lend his Name to enable any Person who is not a Procurator to practise as such may, on a Complaint made as aforesaid, be summarily suspended from Practice or struck off the Register, and the Sentence of the Sheriff in either Case shall be subject to Review and Stay of Execution only in manner foresaid. . 26. The Sentence of any Sheriff striking a Procurator off the Register shall entitle any incorporated Faculty or Society as aforesaid of which he is a Member to expel him from the Body, and he shall thereupon forfeit all his Rights and Privileges as a Member thereof, except his Right to a Share of any Fund for behoof of Widows or Children: Provided that during the Period allowed for Appeal as aforesaid, and during the Dependence of such Appeal, the Party against whom the Sheriff's Sentence shall stand shall be disabled from exercising any of the Rights, Functions, and Privileges of a Procurator. 27. Nothing in this Act contained shall be held to limit or prejudice the Rights and Privileges of the following public Bodies; that is to say, the Society of Writers to Her leges of certain Majesty's Signet, the Society of Solicitors in the Supreme Courts, the Society of Solicitors. at Law, Edinburgh, the Faculty of Procurators in Glasgow, the Faculty of Procurators in Paisley, or the Society of Advocates in Aberdeen, or any other such Faculty or Society holding a Royal Charter: Provided always, that it shall be competent to any Faculty Faculty, &c. to or Society of Procurators incorporated before the passing of this Act, notwithstanding make Byelaws, and to alter its the Terms of their Charter, to pass such Byelaws as may be necessary to assimilate, in whole or in part, the Conditions and Mode of Admission to the Privileges of their Incorporation to the Provisions of this Act; provided also, that it shall be competent to any such Faculty or Society of Procurators, if they shall so desire, by the Assent given in Writing of at least Three Fourths of the Members registered as herein-before provided, and on the Register at the Time, to alter its Name or Title without Prejudice to its existing Powers and Privileges. Name. Saving Rights of certain Persons. Saving Rights of Notaries Public. Short Title. 28. Nothing in this Act contained shall be held to repeal the Privileges conferred by former Acts of Parliament on Persons who may be qualified to practise as Agents in the Court of Session of practising in certain Cases before the Sheriff Courts of Scotland, or to prejudice or affect the Rights or Privileges of any Person appointed to be Solicitor or Attorney on behalf of Her Majesty, under the Orders or Directions of the Commissioners of the Treasury, Customs, Inland Revenue, or under the Orders or Directions of any Commissioners or other Persons or Person having the Management of any other Branch of Her Majesty's Revenue for the Time being, or under the Authority of any Act of Parliament, or of any Person now holding or who may hereafter be appointed to the Office of Procurator Fiscal in any Inferior Court. 29. Nothing in this Act contained shall prejudice the Rights and Privileges of Notaries Public,or affect the Manner of their Admission to Office. 30. This Act may be cited as "The Procurators (Scotland) Act, 1865." CA P. LXXXVI. An Act to amend the Law of Partnership. La per Kelly C.B. in Holme & Hammond Exch Sch. 20 W. R. 74% and Molles & Court P.C. 419. 437 of wa 15th Frity 1865.] Bullen & Shast WH HEREAS it is expedient to amend the Law relating to Partnership: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and C8.86Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament Pooley Driver assembled, and by the Authority of the same, as follows: for Share of 1. The Advance of Money by way of Loan to a Person engaged or about to engage in Lender not a any Trade or Undertaking upon a Contract in Writing with such Person that the Lender Partner by adshall receive a Rate of Interest varying with the Profits, or shall receive a Share of the vancing Money Profits arising from carrying on such Trade or Undertaking, shall not, of itself, constitute Profits. the Lender a Partner with the Person or the Persons carrying on such Trade or Undertaking, or render him responsible as such. 2. No Contract for the Remuneration of a Servant or Agent of any Person engaged in Remuneration any Trade or Undertaking by a Share of the Profits of such Trade or Undertaking shall, of of Agents, &c. itself, render such Servant or Agent responsible as a Partner therein, nor give him the by Profits not Rights of a Partner. to make them Partners. 3. No Person being the Widow or Child of the deceased Partner of a Trader, and Certain receiving by way of Annuity a Portion of the Profits made by such Trader in his Business, Annuitants not shall, by reason only of such Receipt, be deemed to be a Partner of or to be subject to any Partners. Liabilities incurred by such Trader. to be deemed 4. No Person receiving by way of Annuity or otherwise a Portion of the Profits of any Receipt of Business, in consideration of the Sale by him of the Goodwill of such Business, shall, by Profits, &c. not reason only of such Receipt, be deemed to be a Partner of or be subject to the Liabilities to make the of the Person carrying on such Business. Seller a Part ner. not to rank 5. In the event of any such Trader as aforesaid being adjudged a Bankrupt, or taking In case of the Benefit of any Act for the Relief of Insolvent Debtors, or entering into an Arrange- Bankruptcy, ment to pay his Creditors less than Twenty Shillings in the Pound, or dying in insolvent Circumstances, the Lender of any such Loan as aforesaid shall not be entitled to recover with other any Portion of his Principal, or of the Profits or Interest payable in respect of such Loan, Creditors. nor shall any such Vendor of a Goodwill as aforesaid be entitled to recover any such Profits as aforesaid until the Claims of the other Creditors of the said Trader for valuable Consideration in Money or Money's Worth have been satisfied. 6. In the Construction of this Act the Word "Person" shall include a Partnership Interpretation Firm, a Joint Stock Company, and a Corporation. of " Person." An Act to enable Her Majesty's Postmaster General to acquire a Site for the WHEREAS the General Post Office situate in the Street called St. Martin's-le-Grand 3 E Short Title. Power to pur chase Land. Power to stop up Streets within Boundary of Land purchased. Power to pull down Buildings on Land purchased, and build others. Power to raise and lower Streets. Lands may be standing Errors in Book of Reference. and the same are herein-after referred to as the deposited Plans and Book of Reference:' May it therefore please Your Majesty that it may be enacted; and 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 Post Office Extension Act, 1865." 2. It shall be lawful for Her Majesty's Postmaster General and he is hereby authorized, out of any Monies which have been or which may from Time to Time be appropriated by Parliament and put at his Disposal for that Purpose, to purchase for the Purposes of this Act the whole or such Parts as he shall think fit of the Lands in the Parishes of Christchurch, Saint Ann and Agnes, Saint John Zachary, Saint Vedast Foster, Saint Michael-leQuerne, and Saint Leonard, Foster Lane, in the City of London, shown on the deposited Plans, and specified in the deposited Book of Reference, except the Streets therein described as Saint Martin's-le-Grand, Newgate Street, Bath Street, and Angel Street, and except that Portion lately thrown into Newgate Street and now forming Part of the same, and all Lands so purchased shall be vested in and held by Her Majesty's Postmaster General (in his corporate Capacity) and his Successors in trust for Her Majesty, Her Heirs and Successors. 3. From and after the Time of the Purchase of such Lands it shall be lawful for Her Majesty's Postmaster General to stop up and appropriate for the Purposes of this Act all Ways, Paths, Streets, Passages, and public Places situate within the outward Boundaries of the Lands herein-before authorized to be purchased by him as aforesaid; and the Ground and Soil of all such Ways, Paths, Streets, Passages, and public Places, and the Fee Simple and Inheritance thereof, shall be vested in Her Majesty's Postmaster General (in his corporate Capacity) and his Successors in trust for Her Majesty, Her Heirs and Successors: Provided always, that no Part of Bath Street, Newgate Street, St. Martin's-le-Grand, or Angel Street as they now exist shall be stopped up. 4. It shall be lawful for Her Majesty's Postmaster General to pull down and remove all Buildings now being on the Lands to be purchased by him under the Authority of this Act, and to appropriate all Lands which are or shall be vested in him by or under the Authority of this Act as a Site for the Erection of Buildings for the Public Service, and for the Formation of convenient Approaches to such Buildings, and thereon to construct such Buildings and Works, and do all such other things, as in his Opinion shall be necessary or expedient in order to carry into effect the Purposes of this Act, or any of them. 5. Her Majesty's Postmaster General is hereby empowered, with the Consent of the Commissioners of Sewers of the City of London, but not otherwise, to raise or lower the Ground of any Streets or Ways which shall communicate with the Buildings so to be erected as aforesaid, or any Part thereof respectively, making such Compensation to the Owners of Houses or other Property injured by such Alterations as shall be agreed on between the Parties, or failing Agreement as shall be determined in the Manner provided by "The Lands Clauses Consolidation Act, 1845." 6. It shall be lawful for Her Majesty's Postmaster General to purchase, take, and use taken notwith- for the Purposes of this Act any Lands, except as aforesaid, purporting to be delineated on the said deposited Plans as intended to be taken for the Purposes of this Act, although such Lands, or the Name or Names of the Owner, Lessee, or Occupier thereof, may happen to be erroneously stated in or may be omitted from the said deposited Book of Reference, in case it shall appear to any Two or more of the Aldermen of the City of London, and be certified under their Hands, that such Error or Omission proceeded from Mistake or erroneous Information. Power to Post master General for the Purpose to enter Lands of surveying. 7. It shall be lawful for Her Majesty's Postmaster General, and for his Surveyors, Officers, and Workmen, at all reasonable Times in the Daytime, upon giving for the First Time Twenty-four Hours and afterwards from Time to Time Twelve Hours previous Notice, to enter into and upon all or any of the Lands authorized to be taken and used as aforesaid for the Purpose of surveying or valuing the same. 8. When |