amined before such Court; and all parties, whether claiming or objecting or objected to, and all persons whatsoever, may be examined upon oath touching the matters in question; and every person taking any oath under this or the first-recited Act, who shall wilfully swear falsely, shall be deemed guilty of perjury, and shall be liable to be punished accordingly.

26. On the revision of the list of voters for any burgh in any year being completed by the sheriff in terms of this Act, such sheriff shall forthwith, and at latest on the 1st of October in such year, deliver the same to the town clerk of such burgh; and such town clerk shall retain the same in his possession, and produce the same to the Court of appeal established with reference to such sheriff by the said first-recited Act.

27. It shall be competent to any party dissatisfied with the judgment of the sheriff, under this or the first-recited Act, to appeal against the same to the court of appeal established with reference to such sheriff by the said recited Act, and in the manner by the said Act prescribed; and it shall be competent to the said Court of appeal to hold its court, and to review all such judgments of the said sheriff, and to dispose of such appeals, as provided by the said Act: Provided always, that the said courts of appeal shall begin to hold their courts on some day between the 30th of September and 8th of October in each year, and shall finally determine all such appeals in burghs on or before the 21st of October thereafter, and in counties on or before the 31st of October thereafter; provided also, that in burghs, in place of the mode of pronouncing judgment or sentence by the said Court of appeal prescribed by the said recited Act, one of the Judges of the said Court of appeal shall make upon the lists or registers themselves the alterations or corrections which may be necessary to give effect to their judgments, and the said Judges shall sign the same with their initials respectively.

28. All town clerks, assessors, and other persons bound to give attendance or make productions before any sheriff in terms of this Act shall be bound to give the like attendance, and to make the like productions, in each year, before the Court of appeal reviewing the judgments of such sheriff under this and the first-recited Act.

29. The town clerk of every burgh shall forthwith, after the 30th of September in each year, or sooner if the registration court shall be earlier concluded, cause the lists of voters for such burgh, signed as aforesaid, to be copied and printed in a book, arranged in wards (where the burgh is divided into wards) and in polling districts; each ward or polling district being arranged, as far as conveniently may be, in the alphabetical order of the surnames of the persons registered as voters, or otherwise, as far as conveniently may be, in the alphabetical order of streets, squares, lanes, and

other places in which houses are distinguished by numbers, and in which the subjects of qualification are situated; and each such street, square, lane, and other place being arranged according to the numbers of the houses; and the arrangement in all places in which the houses are not distinguished by numbers being according to the alphabetical order of the surnames of persons registered as voters; and the said book shall be so arranged and printed, that the list of voters of and for each and every separate ward, and each and every separate polling district, may be cut out or detached, and ready for the purposes of this Act, or for sale as aforesaid; and the said town clerk shall forthwith after the 21st of October in each year make all such corrections and alterations on the said book as may be necessary to give effect to all decisions of the Court of appeal, and shall prefix to every name in the said register book its proper number, beginning the numbers from the first name, and continuing them in a regular series down to the last name: and shall cause the said book to be printed off as so corrected; and the said town clerk shall sign the said book so completed, and deliver the same, on or before the 31st of October, to the sheriff of the county, to be by him kept for the purposes hereinafter and in the said first-recited Act mentioned.

30. The said printed book or books so signed as aforesaid by the town clerk of any burgh and delivered to the sheriff shall be the register of persons entitled to vote at any election of a member to serve in Parliament which shall take place in and for the same burgh between the 31st of October in the year wherein such register shall have been made and the 1st of November in the succeeding year; and the town clerk of every burgh shall keep printed copies of such register for such burgh, and shall deliver copies thereof or of any part thereof to any person applying for the same, upon payment of a price after the rate contained in the table Number 2, of the Schedule B. hereunto annexed: Provided always, that no person shall be entitled to a copy of any part of any register relating to any ward, or polling district of a burgh, without taking or paying for the whole that relates to such ward or polling district respectively; provided also, that the register of electors now existing shall be the register in force for elections of members of parliament until the 1st of November 1856; provided further, that any merely clerical error which may be found to exist in any such printed book may be competently corrected at any time by the sheriff of the county on its being proved to him to exist; and such correction shall be made by the sheriff writing such correction on such printed book and signing his name and the date of such correction against the same.

31. Every register of voters established or that shall be established for any burgh shall continue to be the register for such burgh until the same

shall be revised, and a new register shall be completed, pursuant to this Act.

32. The register of voters in any burgh as completed by the Court of appeal in each year shall, for all the purposes of the Act, 3 & 4 Will. 4. c. 76, and for all other purposes, come in place of the register of voters in such burgh established by the first-recited Act; and so much of the said recited Act, 3 & 4 Will. 4. c. 76, as enacts that the town clerk of each burgh shall, on or before the 16th of September in each year, make up and complete the list or roll of persons entitled to vote in the election of the common council of the burgh, is hereby repealed, and the said list or roll shall be made up and completed on or before the 31st of October in all future years.

33. All provisions of the first-recited Act as to any payments thereby required to be made in burghs by any persons claiming to be registered or to vote, or objecting to the claims of persons claiming to be registered or to vote for any burgh, are hereby repealed.

34. The distance of seven statute miles in the first-recited Act mentioned, and therein prescribed, as to the residence of voters for any burgh, shall be understood to be the distance of seven miles as measured in a straight line on the horizontal plane from any point from which such distance is to be measured according to the direction in that behalf given in the said Act: Provided always, that in cases where there is now or shall hereafter be a map of any burgh and of the country surrounding the same, drawn or published under the authority and direction of the principal officers of Her Majesty's Ordnance, such distance may be measured and determined by the said map.

35. When any of the days on which or before which any acts and proceedings are by this or the first-recited Act appointed to be transacted shall happen to be a Sunday, then and in that case the several acts and proceedings appointed to take place on or before such day, shall take place on or before the day next ensuing.

36. Any claim, objection, notice of appeal, or other writ may signed, and any proceedings under this Act may be prosecuted, by any person as agent or mandatory for the party thereto; and any mandate bearing to be signed by such party shall be prima facie a sufficient mandate; and every such mandate shall have all the privileges attaching to any judicial mandate.

37. No written pleadings shall in any case be allowed in support of any claim or objection or title to be registered; and it shall not be necessary for the sheriff to make a note of any statement or plea submitted to him in the registration court, but he shall make a note of the names of the witnesses,

and shall affix his signature to any deeds, writings, or documents produced in the registration court in support of any claim, objection, or title to be registered; and it shall not be competent to adduce in the appeal court any witnesses not named in said note, or to produce any deeds, writings, or documents to which the signature of the sheriff is not affixed.

38. Any person who shall wilfully refuse or neglect, when duly required by any sheriff or Court of appeal, to attend as a witness or haver before such sheriff or Court of appeal at any court to be holden under this or the first-recited Act, shall be liable to pay, by way of fine, for every such offence, a sum of money not exceeding 5l. nor less than 20s., to be imposed by and at the discretion of such sheriff or Court of appeal.

39. It shall be competent to every sheriff, subject to the review of the appeal court, and to every appeal court under this Act, to award expenses against any party maintaining any merely frivolous objection to the registration of any voter, or to his title to remain on the register; and such expenses may be recovered in like manner as any expenses of suit awarded by any sheriff in an ordinary action; and all witnesses and havers who may be cited as such, under the provisions of this Act, shall have the same title to demand from the party citing them or causing them to be cited, as such witnesses or havers, their reasonable expenses as any witness or haver cited as such to any ordinary civil court.

40. Any assessor who shall wilfully refuse or neglect to make out any list, or who shall wilfully neglect to insert therein the name of any person who shall have given due notice of claim, or who, in making out any list of voters, shall wilfully, and without any reasonable cause, omit the name of any person duly qualified to be inserted in such list, or who shall wilfully, and without any reasonable cause, insert in such list the name of any person not duly qualified, or who shall wilfully refuse or neglect to publish any notice, or list, or copy of any register of voters, at the time and in the manner required by this Act; and any town clerk who shall culpably neglect to print a correct register of voters pursuant to this Act, and any assessor or town clerk who shall be wilfully guilty of any other breach of duty in the execution of this Act, shall for every such offence be liable to pay, by way of fine, a sum of money not exceeding 51. nor less than 20s., to be imposed by and at the discretion of the sheriff or Court of appeal: Provided always, that nothing herein contained as to any fine as aforesaid shall affect or abridge any right of action against any assessor or other person liable to any fine as aforesaid, or any liability such assessor or other person may incur under or by virtue of this or the first-recited Act.

41. Every sheriff and Court of appeal, when and

so often as such sheriff or Court of appeal shall impose any such fine as aforesaid, shall at the same time in open court, by an order in writing stating the sum payable for such fine, direct by and to whom and when the same shall be paid; and the person to whom the said sum shall be so ordered to be paid shall receive the same; and in every case where the offence for which such fine shall have been imposed shall relate to the formation of the register of voters for any burgh, he shall pay over the sum so received by him to the assessor for the purposes of this Act.

42. The town clerk of every burgh shall keep an account of all monies received by him for or on account of the sale of any copies of the register as aforesaid, or otherwise under this Act, and shall account for and pay over the same to the assessor for the purposes of this Act; and in like manner every assessor shall keep an account of the monies received by him from the sale of any lists or otherwise under this Act, and shall account for and pay over the same, for the purposes of this Act, to the assessor specially appointed as aforesaid.

43. As soon as may be after the completion of each annual registration under this Act, the magistrates of each burgh shall cause an account to be made up of the costs and expenses attending such annual registration in such burgh, and shall ascertain and fix the just amount thereof, including therein any remuneration to assessors and town clerks respectively, which they may deem proper; and shall also cause an account to be made up of all monies which shall have come to the hands of the assessor, or other person under this Act, for the purposes of this Act, and shall ascertain and fix the just amount thereof; and where the amount of the costs and expenses so ascertained and fixed shall exceed the amount so ascertained and fixed of the monies received for the purposes of this Act, the said magistrates shall cause the amount of such excess to be apportioned upon the parishes within such burgh, according to the yearly rent or value thereof, and the same shall be assessed and levied along with the assessment for the relief of the poor for the current year within such parishes respectively, or they shall cause the amount of such excess, along with such reasonable sum as they may deem necessary to meet the expenses of collection, to be assessed and levied and collected in some other of the modes allowed by the said Act, 17 & 18 Vict. c. 91; and any balance of funds remaining on hand from time to time in any burgh arising from such assessment under this Act, in any one year, after answering the expenses of the year with reference to which such assessment was imposed, may be retained and applied by the magistrates thereof, in such manner as they may deem fit, for defraying the expenses of registrations under this Act in subsequent years, but for no other uses or purposes whatever: Provided always, that no burgh shall be liable under this Act for any expenses heretofore

defrayed in Exchequer, or which, under the provisions of this Act, may come in lieu of such ex

penses.

44. At every future election for a member or members to serve in Parliament for any burgh or district of burghs, the register of voters so made as aforesaid or under the said recited Act, shall be deemed and taken to be conclusive evidence that the persons therein named continue to have the qualifications which are annexed to their names respectively in the register in force at such election, and such persons shall not be required to take the oath of possession.

45. Every sheriff, town clerk, assessor, or other person or public officer required by this Act to do any matter or thing, shall, for every wilful contravention or wilful act of commission or omission contrary to this Act, forfeit to any party aggrieved the penal sum of 100%., or such less sum as the jury before whom may be tried any action to be brought for the recovery of the before-mentioned sum shall consider just to be paid to such party, to be recovered by such party, with full expenses of process, by action for debt before the Court of Session: Provided always, that nothing herein contained shall be construed to supersede any remedy or action against any returning officer, according to any law now in force.

46. No misnomer or inaccurate or defective description of any person, place, or thing named or described in any Schedule to this Act annexed, or in any list or register of voters, or in any notice required by this Act, shall in any way prevent or abridge the operation of this Act with respect to such person, place, or thing; provided that such person, place, or thing shall be so denominated in such schedule, list, register, or notice, as to be commonly understood; and it shall be lawful to any sheriff, in his Registration Court, or to any court of appeal, if it shall appear to him or to such Court that there has been no wilful purpose to mislead or deceive, or that such misnomer or inaccurate or defective description was not such as to mislead or deceive, to allow any verbal, clerical, or casual error in any such schedule, list, register, or notice to be corrected or supplied.

47. It shall be in the power of the sheriff principal of each county, or of the sheriffs constituting any Court of appeal under the said first-recited Act, with consent of the Lord Advocate, to issue any regulations he or they shall find necessary in order to carry this Act into effect during this present year 1856; and in case any claims or objections with reference to any burgh shall be given in during this present year in terms of the said first-recited Act, the same shall be transmitted by the town clerk to the assessor, and in so far as not given effect to by him shall be included in the list of claimants and of persons objected to respectively

to be published in terms of this Act, and any notices given in terms of the said first-recited Act prior to the passing of this Act, which in consequence thereof are unnecessary or inconsistent with the provisions of this Act, shall be of no effect.

48. The following words and expressions, when used in this Act, shall, in the construction thereof, be interpreted as follows, except when the nature of the provision or the context shall exclude or be repugnant to the said construction; (that is to say,) the expression "the assessor" shall mean the assessor of the burgh in and for which he is assessor, appointed under the aforesaid Act, 17 & 18 Vict. c. 91, being also the assessor specially appointed in terms of this Act, where such last-mentioned appointment has been made; the word "assessors" shall mean the assessor or assessors appointed under the said last-mentioned Act of the burgh in and for which such assessor or assessors act, whether specially appointed under this Act or not; the

word "burgh" shall extend to and include any city, burgh, or town entitled as such by the firstrecited Act to send or to contribute to send a member or members to serve in Parliament, and as the same is limited and bounded by the said first-recited Act; the word “magistrates" shall include magistrates and council; the words "oath of possession" shall mean and include the words, "That I am still proprietor (or occupant) of the property for which I am so registered, and hold the same for my own benefit and not in trust for or at the pleasure of any other person;" the words 'town clerk" shall extend and apply to any person executing the duties of such town clerk, or if in any burgh there shall be no such officer as town clerk, then to any officer executing the same or the like duties as usually devolve upon the town clerk, or if in any burgh there be no such person, then to such person as the sheriff of the county in which such burgh is situate may appoint for that purpose, which he is hereby authorized to do.

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