II. Construction and short title.The principal Act, and an Act passed in the twenty-ninth and thirtieth years of the reign of Her present Majesty, intituled "An Act to amend certain provisions of the Sheriff Court Houses (Scotland) Act, 1860," and this Act, shall be read and construed together, and may be cited as the Sheriff Court Houses (Scotland) Acts, 1860 to 1884.

III. Acts may be applied more than once to the same court house or county. -Where a representation is made to the Secretary of State under section three of the principal Act, it shall not be any objection to such representation that a previous representation with respect to the same court house or with respect to the court-house accommodation in the same county has been made and proceeded with.

IV. Representation to be communicated to Chief Commissioner of Works and Treasury. Before the Secretary of State intimates his opinion to the commissioners of supply on any representation made to him under the principal Act in terms of section four of the said Act, he shall transmit such representation to the First Commissioner of Her Majesty's Works and Public Buildings for his report thereon, and on receiving such report shall transmit it to the Treasury for their observations.

V. Liability of Treasury not to exceed half of estimated cost of construction.Whereas it is provided by section fifteen of the principal Act that it shall be lawful for the Commissioners of Her

Majesty's Treasury to pay one-half of the total expense of the erection or improvement of any court house under the provisions of the said Act; it is hereby declared that such payment shall be limited to one-half of the estimated expense according to the estimate approved of by the said Commissioners in terms of section eleven of the said Act, and any excess over such estimate shall be defrayed out of the court-house assessments, unless such excess has been expressly sanctioned by the said Commissioners, in which case one-half thereof shall be paid by them: Provided that in case of any court house regulated by a special Act or Acts, such excess may be defrayed in the manner provided in such Act or Acts for defraying the expense of such court house.

VI. Treasury to pay a fixed annual sum for maintenance.-. * It shall be lawful for the Treasury to contribute towards the expense of maintaining, managing, and keeping in repair, and of cleaning, lighting, and warming any court house within the meaning of the principal Act, whether erected prior or subsequently to the date of the said Act, including the salaries or wages of porters, hall-keepers, and other incidental annual disbursements, out of moneys to be provided by Parliament, such fixed annual sums as may from time to time appear to them to be sufficient for that purpose, having regard to the average of the amounts actually under the said several heads during the past three years if the court has been opened so long for the despatch of business, and to the average expenditure in other court houses of similar extent, and to the age and existing state of repair of the buildings.

If there is any excess of expenditure under the said several heads over such fixed annual sum, such excess, unless specially sanctioned by the Treasury, shall be defrayed by the county (or, in

the case of the county of Lanark, by the district of the county, as the same is divided by the principal Act) and the burgh or burghs situated therein, in the proportion of their respective valuations for the time being according to the valuation roll, and, in the case of the county or district, the same shall be paid out of the county general assessment levied therein, and, in the case of the burgh or burghs, out of any police assessment levied therein: Provided that in the case of any court house regulated by a special Act or Acts, such excess shall be defrayed in the manner provided in such Act or Acts for defraying the expense of such court house.

VII. Government inspector.-It shall be lawful for the First Commissioner of Works to depute an officer from time to time to inspect any court house towards the cost or maintenance of which a contribution is made from public funds, in order to see that the money is properly expended and the buildings are kept in proper repair; and if it shall appear to him that any repairs require to be executed, the Secretary of State shall have power, on receiving his report to that effect, to call upon the commissioners of supply or the persons in whom such court house is vested under any special Act or Acts to execute the same.

VIII. Liability in case of destruction by fire.-If any court house erected or improved under the Sheriff Court Houses Acts is destroyed or injured by fire after its completion, the commissioners of supply, or the persons in whom such court house is vested under any special Act or Acts, shall be bound to re-erect and restore the same, if required to do so by the Secretary of State, and the provisions of the Sheriff Court Houses (Scotland) Acts, 1860 to 1884, and any special Act or Acts relating to the court house so destroyed or injured, shall extend and apply to its re-erection or restoration in the same manner as if it were a court house to be erected or improved under the provisions of the said Acts.

IX. Court-house assessments under Local Acts may be levied with the County General Assessment.-The commissioners of supply of any county authorised by any Local or Private Act of Parliament to impose any assessment for the purposes of or with reference to any court house or buildings for the accommodation of the sheriffs and justices of the peace, and for meetings of the commissioners of supply, may, notwithstanding anything in such Local or Private Act, impose, levy, and collect such assessment at the same time, and in the same manner, as the County General Assessment.

[PREAMBLE RECITES 25 & 26 VICT. CAP.

101.]

I. Senior magistrate of a populous place to be a justice of the peace and a commissioner of supply.-In every populous place whereof the boundaries have been ascertained and fixed . . . the senior police magistrate...* shall be ex officio a justice of the peace and commis

sioner of supply of the county within which the said populous place is situated; and where any such populous place is partly situated in each of two or more counties, such senior police magistrate shall in like manner be ex officio a justice of the peace and a commissioner of supply of each and all of the several counties in which any part of such populous place may be situated.

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II. Power to appoint Commissioners of Works guardians of ancient ments.-The owner of any ancient monument to which this Act applies may, by deed under his hand, constitute the Commissioners of Works in this Act mentioned the guardians of such monument.

Where the Commissioners of Works have been constituted guardians of a monument, they shall thenceforth, until they shall receive notice in writing to the contrary from any succeeding owner not bound by such deed as aforesaid, maintain such monument, and shall, for the purpose of such maintenance, at all reasonable times by themselves and their workmen have access to such monument for the purpose of inspecting it, and of

bringing such materials and doing such acts and things as may be required for the maintenance thereof.

The owner of an ancient monument of which the Commissioners of Works are guardians shall, save as in this Act expressly provided, have the same estate, right, title, and interest, in and to such monument, in all respects, as if the Commissioners had not been constituted guardians thereof.

The expressions "maintain" and "maintenance' include the fencing, repairing, cleansing, covering in, or doing any other act or thing which may be required for the purpose of repairing any monument or protecting the same from decay or injury. The cost of maintenance shall, subject to the ap proval of Her Majesty's Treasury, be defrayed from moneys to be provided by Parliament.

III. Power of Commissioners to purchase ancient monuments.-The Commissioners of Works, with the consent of the Treasury, may purchase out of any moneys which may for that purpose be from time to time provided by Parliament any ancient monument to which this Act applies, and with a view to such purchase the Lands Clauses Consolidation Acts shall be incorporated with this Act, with the exception of the provisions which relate to the purchase and taking of lands otherwise than by agreement. In construing the said Lands Clauses Consolidation Acts for the purposes of this Act, this Act shall be deemed to be the special Act, and the Commissioners of Works shall be deemed to be the promoters of the undertaking.

IV. Power to give, devise, or bequeath ancient monuments to Commissioners.Any person may by deed or will give, devise, or bequeath to the Commissioners of Works all such estate and interest in any ancient monument to which this Act applies as he may be seised or possessed of, and it shall be lawful for the Commissioners of Works to accept such gift, devise, or bequest if they think it expedient so to do.

V. Inspectors of ancient monuments. -The Treasury shall appoint one or more inspectors of ancient monuments, whose duty it shall be to report to the Commissioners of Works on the condition of such monuments, and on the best mode of preserving the same, and there may be awarded to the inspectors 80 appointed such remuneration and allowance for expenses, out of moneys provided by Parliament, as may be determined by the Treasury.

VI. Penalty for injury to ancient monuments. If any person injures or defaces any ancient monument to which this Act applies, such person shall, on summary conviction, be liable, at the discretion of the court by which he is tried, to one of the following penalties; (that is to say,)

(1.) To forfeit any sum not exceeding five pounds, and in addition thereto to pay such sum as the court may think just for the purpose of repairing any damage which has been caused by the offender; or,

(2.) To be imprisoned with or without hard labour for any term not exceeding one month.

The owner of an ancient monument shall not be punishable under this section in respect of any act which he may do to such monument, except in cases where the Commissioners of Works have been constituted guardians of such monument, in which case the owner shall be deemed to have relinquished his rights of ownership so far as relates to any injury or defacement of such monument, and may be dealt with as if he were not the owner.

VII. Recovery of penalties.-Offences and penalties under this Act shall be prosecuted and recovered in manner provided by the Summary Jurisdiction Acts.

In England any person aggrieved by any decision of the court acting under the Summary Jurisdiction Acts may appeal to a court of quarter sessions.

VIII. Description of Commissioners of Works, and law as to disposition in their favour.-The expression "The Commissioners of Works" means as respects Ireland the Commissioners of Public Works in Ireland.

The Commissioners of Works as respects Great Britain, and the Commissioners of Public Works as respects Ireland, shall be incorporated by their said names respectively, and shall have perpetual succession and a common seal, and may purchase or acquire by gift, will, or otherwise, and hold without licence in mortmain, any land or estate or interest in land for the purposes of this Act; and any conveyance, appointment, devise, or bequest of land, or any estate or interest in land under this Act to either of the said bodies, shall not be deemed to be a conveyance, appointment, devise, or bequest to a charitable use within the meaning of the Acts relating to charitable uses. In the case of an ancient monument in Scotland, a duplicate of any report made by any inspector under this Act to the Commissioners of Works shall be forwarded to the Board of Trustees for Manufacturers in Scotland, and it shall be the duty of the Commissioners of Works, in relation to any such monument, to take into consideration any representations which may