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of an Appeal against any County Rate: and all Sums of Money
levied in pursuance of such Borough Rate shall be paid over
to the Treasurer of the Borough for the Time being, and be
applied by him for the Purposes for which the same are
applicable as herein-before mentioned.

CAP. LXXII.

An Act to provide for Payment of the Salaries of the
Sheriff and Sheriff Clerk of Chancery in S

[31st July 1854.]
WHEREAS by an Act passed in the Session of Parlia-

c. 47.

ment holden in the Tenth and Eleventh Years of the Reign of Her present Majesty, intituled An Act to amend the 10 & 11 Vict. Law and Practice of Scotland as to the Service of Heirs, it was enacted, that it should be lawful for Her Majesty to appoint a fit Person, being a Person qualified for the Office of Sheriff ' of a County in Scotland, to be the Sheriff of Chancery for the Purposes of the said Act, and also to appoint a fit Person to act both as Sheriff Clerk of Chancery and as Clerk of the Presenter of Signatures in Exchequer; and it was thereby provided that such Sheriff and Sheriff Clerk should respectively ' receive such Salaries in respect of their Offices as should be from Time to Time fixed by the Commissioners of Her Majesty's Treasury, and that such Salaries should be payable "out of the Fees receivable in the Office of Chancery:" And whereas Her Majesty appointed a Sheriff of Chancery and a Sheriff Clerk of Chancery, and Salaries were fixed by the said Commissioners payable as aforesaid: And whereas the Fees now receivable in the Office of Chancery have • been diminished, and are inadequate to provide for Payment of the said Salaries, and Part of the Salary due and payable to the said Sheriff is unpaid, and it is proper that the said 'Salaries should be paid out of the Funds from which the • Salaries of Sheriffs of Counties are payable, and that Provision be made for Payment of the Arrears of the Salary of the said Sheriff now unpaid:' 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:

Funds from which Salaries Sheriff Clerk of Chancery to be payable.

of Sheriff and

I. The said recited Act, in so far as it enacts that the said Salaries of the said Sheriff of Chancery and Sheriff Clerk of Chancery shall be payable out of the Fees receivable in the Office of Chancery in Scotland, is hereby repealed; and the said Salaries, and any Increase thereof, shall hereafter be payable out of the Funds from which the Salaries of Sheriffs are payable, and the Part of the Salary due, but not hitherto paid to the Sheriff of Chancery, shall be paid out of the said Funds. II. And whereas by an Act passed in the last Session Fower to Tree' of Parliament, intituled An Act to facilitate Procedure in the sury to grant to

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Sheriff

Sheriff of Chancery such Salary as shall seem meet, and a retiring Annuity, subject to Pro

visions of

16 & 17 Vict. c. 80. s. 38.

7 & 8 Vict. c. 113.

9 & 10 Vict. c. 75.

Right of Re

tention or Lien Partners not to

over Shares of

be affected.

The Company

to sell Shares acquired in

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Sheriff Courts in Scotland, it was enacted, that it should be lawful to grant to any Sheriff such Salary as to the Commissioners of Her Majesty's Treasury might seem meet, not being less than Five hundred Pounds by the Year, and also to grant to any Sheriff a retiring Allowance or Annuity in respect of long Service: And whereas Doubts exist whether the said Enactments apply to the Office of Sheriff of Chancery, and it is just and proper that such Doubts should be removed:' Be it enacted, That it shall be lawful to grant to the Sheriff of Chancery such Salary as to the Commissioners of Her Majesty's Treasury may seem meet, not exceeding Five hundred Pounds by the Year, commencing from the First Day of November One thousand eight hundred and fifty-three, and also a retiring Annuity in respect of long Service, subject to the Provisions and Conditions set forth in the Thirty-eighth Section of the said last-recited Act, which Salary and Annuity shall be payable out of the same Funds from which the Salaries and Annuities of Sheriffs of Counties are payable.

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CAP. LXXIII.

An Act to amend the Acts for the Regulation of Joint
Stock Banks in Scotland.

[31st July 1854.] Eighth Year of the Reign of Her present Majesty, intituled An Act to regulate Joint Stock Banks in England: And whereas the 'said Act was extended to Scotland and Ireland by an Act passed in the Ninth and Tenth Years of the Reign of Her Majesty, intituled An Act to regulate Joint Stock Banks in Scotland and Ireland: And whereas it is expedient that the ' recited Acts should be amended in certain of the Provisions thereof, in so far as the same apply to Scotland: 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:

W WHEREAS an Act passed in the

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I. No Clause directed by the said Acts to be inserted in the Deed of Partnership of any Joint Stock Banking Company in Scotland to be executed previous to such Company being incorporated under the recited Acts shall take away or impair the Right of Retention or Lien which, in virtue of the Common Law of Scotland, such Company has or may be entitled to exercise over the Shares of its Partners, for or in respect of any Debt or Liability incurred or Obligation undertaken by them to the Company.

II. Provided, That as often as the Company may, in virtue of their Right of Lien or Retention, acquire any Shares in the virtue of Right Company's Stock, they shall be bound to sell the same within Six Months after the same shall have been so acquired, and in such Manner as is by the said first-recited Act provided for

of Lien.

the

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the Sale of forfeited Shares; and the Company shall be bound
to account to the Party or Parties interested in such Shares, or
to their Creditors, or Heirs or Executors, for the Balance of the
Price or Prices which may have been realized by such Sale,
after paying the Debt due to the Company, and the Expenses
incurred by them in securing their Debt and selling the Shares.
III. In such Deed of Partnership there shall be inserted
Provisions regulating the Manner in which Bills of Exchange or
Promissory Notes of the Company may be made, accepted, or
endorsed, and it shall not be necessary that such Bills of
Exchange or Promissory Notes be signed in the Manner pre-
scribed by the first-recited Act.

CAP. LXXIV.

An Act to render Reformatory and Industrial Schools
in Scotland more available for the Benefit of Vagrant
Children.
[7th August 1854.]
WHEREAS it is expedient that Reformatory and In-

Schools in Scotland should be made more

' available for the Education and Training of Vagrant Children :'
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:

Provision to be made as to and Notes.

signing Bills

Sheriff or

I. When any young Person apparently under the Age of Power to Fourteen Years shall, from and after the passing of this Act, Magistrate to be found begging, or, not having any Home or settled Place send Vagrant of Abode or proper Guardianship, and having no lawful or Children to visible Means of Subsistence, shall be found wandering, and School unless Security found though not charged with any actual Offence, shall be brought for good by any Constable or Police Officer before any Sheriff or Behaviour. Magistrate, it shall be lawful for the said Sheriff or Magistrate, after due Inquiry, and Intimation to the Inspector of the Poor, and due Intimation to the Parents, Guardians, or others interested in such young Person, if the same can be found, and unless the Parents, Guardians, or other Persons interested in such young Person shall appear and find Security for his or her good Behaviour, enacted in the Books of Court according to the Form (or as near thereto as may be) contained in the Schedule (B.) annexed hereto, such Security to be for any Sum not less than One Pound and not more than Five Pounds, and for any Period not exceeding Twelve Calendar Months, if he shall see Cause, to order by a Writing under his Hand, according to the Schedule (A.), or as near thereto as may be, such young Person forthwith to be transmitted to and received at any Reformatory School, Industrial School, or other similar Institution within Scotland, whether established by Parochial Board or by an Association of Individuals, which may have been sanctioned by the Secretary of State for the

Purposes

Punishment on

wilfully leaving and refusing to

return to School.

Penalty on
Persons wil-

fully withdraw-
ing young
Persons from
School.

Purposes of this Act, the Directors or Managers of which may
be willing to receive such young Person, for such Period of
Time as may appear necessary for his or her Education and
Training, but such young Person shall not be detained beyond
the Age of Fifteen Years without his or her Consent, such
Magistrate having due regard to the religious Belief of such
Child, or to any Wish expressed by the Parents, Guardians, or
other Relative as to the particular Institution to which such
Child shall be committed or removed, and with Power to
Secretary of State to order such Removal; and on such
Security as aforesaid being at any Time found, the Sheriff or
the committing or other acting Magistrate for the Time being
may order the Discharge of such young Person from any such
School or Institution: Provided always, that if the Parent or
Guardian of any such young Person shall express a Preference
for
any
One such School out of Two or more within the Juris-
diction of the Sheriff or Magistrate, such Sheriff or Magistrate
shall order such young Person to be sent to the School so
preferred, if the Managers be willing and able to receive him.

II. If any young Person who shall be sent to any such School or Institution, under the Provisions of this Act, shall wilfully leave and abscond therefrom before attaining the Age of Fifteen Years, or being duly discharged therefrom, and shall refuse to return, it shall be lawful to the Sheriff or to the committing or any other acting Magistrate, on summary Complaint at the Instance of any Officer of the said School or Institution, (and which Complaint shall be conducted in the Forms, or as nearly as may be, and subject to all the Provisions of the Act of the Ninth Year of King George the Fourth, Chapter Twenty-nine,) to punish such young Person by Whipping, or by Imprisonment for any Term not exceeding Twenty Days, and if he shall see proper to order that such young Person be thereafter re-transmitted to such School in manner foresaid.

III. When any young Person has been sent by any Sheriff or Magistrate to such School or Institution sanctioned as aforesaid, any Person who shall directly or indirectly wilfully withdraw such young Person from such School or Institution, or induce him or her to abscond therefrom, before he or she has been regularly discharged, or who shall knowingly conceal or harbour such young Person, or otherwise prevent his or her Return thereto, then such Person so offending shall be liable for every such Offence in a Penalty not exceeding Five Pounds, to be recovered on summary Complaint before any Sheriff or Magistrate at the Instance of any Officer of such School or Institution, or any Person authorized by the Directors or Managers, with Concurrence of the Public Prosecutor, and, failing Payment, the Offender may be imprisoned for any Period not exceeding Sixty Days; and such Penalty, deducting the Expense of Prosecution, shall be paid over to the Treasurer of the Institution in which such young Person was placed and for behoof thereof.

sued for Ex

penses of

School.

IV. In every Case where any such young Person has been Parents and sent by any Sheriff or Magistrate to such School or Institution others may be as aforesaid, it shall be competent for the Treasurer or other Officer thereof to sue the Parents or Step-parents of such Support of young Person or other Persons who may be liable to support Children in him or her for Payment of the Cost of Support and other Expenses incurred by the said School or Institution in regard to such young Person, and to recover the same by Action in the Sheriff's Small Debt Court: Provided always, that the Sheriff may, on Cause shown, modify the Amount of such Cost and Expenses as he shall think reasonable, or remit the same altogether, as in the Circumstances of the Case may seem just. V. Where any young Person shall be sent to such School Expense of or Institution, and where the Cost of Support of such young paid for by Children to be Person has not been received from the Parents of such young Parochial Person or other Parties liable for his or her Support, it shall be Board when competent for the Treasurer or other Officer of such Institution, not received or other Person authorized by the Directors or Managers, to &c. recover the Cost of such Support and other Expenses of such young Person, or any Balance thereof unpaid, from the Parochial Board of the Parish on which such young Person, if a Pauper, would have been chargeable in the first instance; and such Cost and Expenses are hereby declared to form a valid Charge upon the Funds within the Management of the said Parochial Board, under the Act Eighth and Ninth Victoria, Chapter Eighty-three, declaring that such Sums shall be annually on the Thirty-first of December in every Year charged against the said Parochial Board for the Year then ending, and shall be sued for within Three Months after the Lapse of every such Year, and not thereafter, and the Amount may be sued for under the Sheriff Small Debt Act, First Victoria, Chapter Forty-one, as amended by the Seventeenth and Eighteenth Victoria, Chapter Eighty, although the Amount be greater than the Sum to which the Prosecutions by the said Acts are limited; Provided always, that the Sheriff shall have Power to fix the Cost of Support at such Rate as he may consider just and reasonable; and on Payment of the said Sums the said Parochial Board shall have all competent Remedy for Relief and Recovery of the Sums paid by them against all Persons or Parishes bound in Relief and Payment thereof.

VI. It shall be lawful for the Directors and Managers of such Power to make Schools and Institutions as aforesaid to make all necessary Rules, Rules, &c. Orders, and Byelaws for the Regulation and Management of the Schools and Institutions as aforesaid under their Charge, not repugnant to the Provisions of this Act, but no such Rules, Orders, or Byelaws shall be enforced until they have been submitted to and approved by the Lord Advocate of Scotland.

VII. It shall be lawful for the Education Committee of Her Power to Majesty's Privy Council, out of the Monies at their Disposal Education voted by Parliament for the Purposes of Education, to grant Privy Council to the Directors or Managers of any such School or Institution to grant Aid to

sanctioned

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