12

An Act to amend the Law of Arrestment of Wages in
Scotland

[21st July 1845.]
WHEREAS an Act was passed in the Sixth Year of the

W

Reign of His late Majesty King George the Fourth, intituled An Act to alter and amend an Act passed in the Thirty- 6 G. 4. c. 48. ninth and Fortieth Years of King George the Third, for the Recovery of Small Debts in Scotland: And whereas another Act was passed in the First Year of the Reign of Her present Majesty, intituled An Act for the more effectual Recovery of 7W. 4. & Small Debts in the Sheriffs Courts, and for regulating the 1 Vict. c. 41. Establishment of Circuit Courts for the Trial of Small Debt Causes by the Sheriffs, in Scotland: And whereas it is expedient that the said Acts should be amended, as regards the Arrestment of Wages: Be it therefore enacted by the Queen's nost Excellent Majesty, by and with the Advice and Consent of he Lords Spiritual and Temporal, and Commons, in this present arliament assembled, and by the Authority of the same, That Arrestment of om and after the passing of this Act it shall not be lawful or Wages not commpetent to arrest Wages upon the Dependence of any Action petent on Deised by virtue of the said recited Acts, any thing therein con- pendence of

ained to the contrary notwithstanding.

Action.

II. And be it enacted, That this Act may be amended or Alteration of epealed by any Act to be passed during the present Session of Act. Parliament.

CA P. XL.

An Act for amending an Act for making Provision for
Parish Schoolmasters in Scotland.

[21st July 1845.]

HEREAS an Act was passed in the Forty-third Year of the Reign of His Majesty King George the Third, intituled An Act for making better Provision for the Parochial 43 G. 3. c. 54. Schoolmasters, and for making further Regulations for the better Government of the Parish Schools in Scotland: And whereas by the said Act it is provided, that if the Heritors, qualified as thereby required, and Minister, shall fail to elect a Schoolmaster within Four Calendar Months from the Time the Vacancy shall have taken place, then the Presbytery within the Bounds of which the Parish is situated shall apply to the Convener of the Commissioners of Supply of the County or Stewartry, who, or any Five of them, at a Meeting to be called by the Convener upon Thirty Days Notice, shall have Power, jure devoluto, and are hereby directed, to elect a Person to supply the Vacancy: 'And whereas in various Cases of Vacancies the Presbyteries have failed to apply to the Convener of the Commissioners of Supply so as to enable him to call such Meeting for the 'Exercise by the Commissioners of Supply of the jus devolutum so conferred upon them, and great Inconvenience and Injury have been experienced by Parishes, in consequence of Schoolmasters not having been elected to supply such Vacancies:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal,

Ff 4

Election of
Schoolmaster,

and of Applivener, the Com

cation to Con

missioners of Supply to ap point.

Temporal, and Commons, in this present Parliament assemble On Failure of and by the Authority of the same, That failing such Election aforesaid, and such Application by the Presbytery to the Co vener of the Commissioners of Supply, then, within TwentyDays after the Expiration of the Four Months after which the Presbytery is so required to apply to the Convener of the Cout missioners of Supply, it shall be lawful for any Heritor of th Parish to make Intimation of the Vacancy, whether now existing or that may hereafter occur, by Letter to the Convener of th Commissioners of Supply of the County or Stewartry with which the Parish is situated, requiring him to call a Meeting such Commissioners upon Thirty Days Notice; and the Comm sioners of Supply, or any Five of them, assembled at Meeting or any adjourned Meeting, shall have Power, devoluto, to take the Matter of such Vacancy into considera and, unless good Cause be shown to the contrary, to proceed for with to the Election of a Schoolmaster, according to the Intent and Meaning of the said recited Act, and such Election shall good and valid to all Intents and Purposes.

6

CA P. XLI.

An Act for amending the Laws concerning Highways Bridges, and Ferries in Scotland, and the making and maintaining thereof by Statute Service, and by the Com version of Seatute Srvice into Money. [21st July 1845. WHEREAS it has been found by Experience that the La concerning Highways, Bridges, and Ferries in Scotla and concerning the Statute Service for making and repair them, and the Conversion thereof in Money, may be amended ' in various Particulars: And whereas it is expedient that further Regulations should be made concerning the said Highways, Bridges, and Ferries, and that the System of managing them should be rendered more uniform :' 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, That from and after the passing of this Act all the Enactments, Provisions, Matters, and Things in this Act contained shail extend to all Highways, Bridges, and Ferries in Scotland to which Statute Service, or the Conversion thereof in Money, or any Assessment in lieu of such Conversion, is or shall be applied. and to all Acts of Parliament now in force or which shall hereafter be passed affecting such Highways, Bridges, or Ferries in Scotland, saving and excepting such Enactments, Provisions, Matters, and Things as shall be expressly varied, altered, or repealed by any Act that shall be hereafter passed.

II. And be it enacted, That the Word "Trustees" in this Act shall be held to mean and apply to all Justices of the Peace acting under the Authority of any Act of Parliament for making and repairing Highways, Bridges, and Ferries in Scotland by Statute Service, or the Conversion thereof in Money.

III. And be it enacted, That all Trustees acting in the Exe cution of this or any Act of Parliament for making and repairing

Highways.

Highways, Bridges, and Ferries in Scotland by Statute Service, or the Conversion thereof in Money, or Assessment in lieu of such Conversion, shall at all their Meetings pay their own Expences, and shall in the first place, where it is not otherwise directed by any local Act, appoint a Preses at every Meeting, who in case of an equal Number of Votes, including his own, shall have the casting Vote; and no Order or Determination at any such Meeting, once made or agreed upon, shall be revoked or altered at any subsequent Meeting, unless Notice of the Intention to propose such Revocation or Alteration shall have been given at a previous Meeting, and entered in the Minutes of such Meeting, and transitted by Post to every Trustee not present at such previous Meeting who shall have been present at the Meeting where such rder or Determination was made, and such Notice shall also be ablished by Two several Advertisements in some Newspaper or Newspapers usually circulated in the County or District of the County where the Road or Roads or the principal Part thereof shall be, Ten Days at least previous to such subsequent Meeting; and it shall be lawful for any Two Trustees as aforesaid at any Time to call or require their Clerk to call a Meeting: Provided ways, that Notice of such Meeting and of the Purpose thereof hall be published by Two Advertisements as aforesaid.

IV. And be it enacted, That all such Trustees may and are Officers to be hereby authorized to appoint Clerks, Collectors, Treasurers, Super- appointed and intendents, Surveyors, and other Officers, with reasonable Allow- Security to be nces for their Trouble, and to take such Security from any of taken. them for their Intromissions, and for the faithful Discharge of their Duty, as may be deemed expedient; and no Person acting as such Trustee, Clerk, Collector, Treasurer, Superintendent, Surveyor, or other Officer, shall directly or indirectly have or hold any Share or Interest in any Contract for making or repairing any of the said Highways, Bridges, or Ferries, under a Penalty of Twenty Pounds.

V. And be it enacted, That all such Trustees may pursue and Trustees may be pursued in the Name of their Clerk or Treasurer for the Time being; and no Action or Process shall cease by the Death or Removal of such Clerk or Treasurer, but shall be continued in the Name of the Clerk or Treasurer for the Time.

VI. And be it enacted, That all such Trustees shall cause a Book or Books to be kept, in which shall be entered all the Minutes of their Orders and Proceedings, as also true and regular Accounts of all Service performed and of all Money received and expended on account of the Highways, Bridges, and Ferries under their Charge, specifying the Sums applied to ordinary Repairs, and to Improvements of each Highway, Bridge, and Ferry, and to Management and Expences, and the Sums due and not recovered, as also the Amount of Debt and Interest thereof; and such Accounts for the Year current at the passing of this Act shall be made up in each County or District of a County, and shall be audited and signed by Two of the said Trustees, or by their Preses, if more than Two be present, within a Year after the passing of this Act; and the Accounts so made up, audited, and signed shall include all Transactions preceding the Period of One Month before the Time at which they are so signed; and similar

Accounts

pursue and be pursued in the Clerk, &c.

Name of their

Books of Minutes and Ac

counts to be kept and

audited.

Permission to inspect Ac

counts.

Proceedings for
Recovery of
Conversion to

commence
within Six
Months.

Mode of recovering Conversion Money.

7 W. 4. &

1 Vict. c. 41.

No Person

liable to work or pay who

does not possess Lands, &c. valued at 21. yearly,

Accounts shall be annually thereafter made up, and shall in lik Manner be audited and signed within One Month from the Tim to which they are so made up; and after the First Year from an after the passing of this Act it shall not be lawful for any Perso whatsoever to act in any way in the Collection of another Year Conversion until such Accounts shall have been made up, audite and signed as above directed.

VII. And be it enacted, That any Person, having performa Service or paid the Conversion in Money or Assessment for th past or current Year, may see and take a Copy of the s Accounts or any Part thereof on paying One Shilling to th Clerk or Treasurer for each Time of Inspection; and an Abstra of such Accounts shall be printed and published annually in least One Newspaper usually circulated in the County or District where the Road or Roads or principal Part thereof shall be, wit One Month after the said Accounts are audited and signed aforesaid; and any Clerk or Treasurer neglecting to make up t refusing or not permitting Inspection of such Accounts as afore said, or failing to print and publish the Abstract thereof aforesaid, shall forfeit and pay a Sum not exceeding Five Pounds to any such Person who shall prosecute for the same, with the Expences of Process or Proceedings.

VIII. And be it enacted, That it shall not be lawful to com mence any legal Process or Proceeding for the Recovery of any Sum due or leviable as Conversion of Statute Service, or Assess ment in lieu of such Conversion, for making or maintaining any Highway, Bridge, or Ferry, after Six Months from the Time when the said Sum shall have become leviable; and in all Cases previos Demand shall be made Thirty Days before commencing su Process or Proceeding.

local

IX. And be it enacted, That it shall be competent to recover any Sum under One hundred Pounds Scots due or leviable as aforesaid for making or repairing any Highway, Bridge, or Ferry, according to the Provisions of an Act passed in the Seventh Year of King William the Fourth and in the First Year of Queen Victoria, intituled An Act for the more effectual Recovery of Small Debts in the Sheriff Courts, and for regulating the Estab lishment of Circuit Courts for the Trial of Small Debt Causes by the Sheriffs in Scotland, any thing to the contrary in any Act notwithstanding: Provided always, that nothing herein con tained shall in any way alter or affect any Enactment or Provision in any local Act relative to Warrants for Poinding for the Purpos aforesaid, or any Proceeding consequent thereon, saving and excepting that it shall not be competent after the passing of this Act to imprison any Person for Nonperformance of Statute Labour, or Nonpayment of the Conversion thereof or Assessment in lieu of such Conversion.

Year

X. And be it enacted, That from and after this present One thousand eight hundred and forty-five it shall not be lawful to require any Person, not being the Proprietor or Occupier of Lands, Buildings, or other Heritable Subjects of the yearly Value of Two Pounds or more, to work or perform Statute Service on any Highway, Bridge, or Ferry, or to exact or levy Money from any such Person as Conversion of Statute Service,

or otherwise

for

for making or maintaining any Highway, Bridge, or Ferry; and all Warrants for Poinding or Imprisonment, and other legal Proceedings whatsoever, against any such Person as aforesaid, on account of Nonperformance of such Work or Service, or Nonpayment of such Money or Conversion, are hereby prohibited and discharged, saving and excepting such Proceedings as shall have been commenced before the last Day of December One thousand eight hundred and forty-five, which, notwithstanding any thing herein contained, may be continued and carried on in all respects as if this Act had not been passed.

who do not

XI. And be it enacted, That it shall and may be lawful for all Power to exNach Trustees at a General Meeting assembled, on previous Notice empt Persons of such Purpose being given as above directed, from Time to Time to fix and determine any Amount of yearly Value of Lands, &c. valued possess Lands, Buildings, and other Heritable Subjects not under Two Pounds above 51. and not above Five Pounds, to the Proprietors and Occupiers of which such Trustees shall think fit to extend the said Exemption in any County or District of a County; and it shall not thereafter be lawful to require any Person, not being the Proprietor or FOccupier of Lands, Buildings, or other Heritable Subjects of a yearly Value above the Amount so fixed, to work or perform Statute Service on any Highway, Bridge, or Ferry, or to exact or levy Money from any such Person as Conversion of Statute Service or otherwise for making or maintaining any Highway, eBridge, or Ferry.

instead of

Tenants.

XII. And be it enacted, That in all Cases in which, by Autho- Proprietors in rity of any local Act now in force, Money, as Conversion of certain Cases Statute Service, or Assessment in lieu thereof, is authorized to be to be assessed assessed on Lands, Buildings, or other Heritable Subjects, and is payable in whole or in part by the Occupiers or Tenants of such Lands, Buildings, or other Heritable Subjects, it shall and may be lawful to assess upon and recover from the Proprietor of any such Lands, Buildings, or other Heritable Subjects such Money, or Part thereof, as the Trustees appointed by such local Act may think proper, so payable by any Occupier or Tenant thereof, who is not Occupier or Tenant or Proprietor of Lands, Buildings, or Heritable Subjects of the yearly Value in the whole of Two Pounds: Provided always, that if all the Lands, Buildings, or other Heritable Subjects belonging to such Proprietor shall not be of the yearly Value of Two Pounds, no Part of such Money shall be assessed upon or recovered from such Proprietor.

Assessments ceasing by this Act may be levied in any County upon

XIII. And be it enacted, That in all Cases in which any Sum of Money heretofore exigible (as Conversion of Statute Service, or Assessment in lieu thereof, shall under this Act cease to be so exigible, it shall be lawful for all such Trustees at a General Meeting assembled to assess in any County or District all Lands, &c. of a County any Šum not exceeding the Amount of the Conver- not herein-besion or other Money which by reason of this Act shall cease to fore exempted. be exigible, and to cause the same to be levied upon all Lands, Buildings, and other Heritable Subjects not herein-before exempted from Assessment, or to be added to the Sums otherwise assessable by any local Act, and that notwithstanding the Rate of Assessment should be thereby raised above the maximum Amount authorized by such local Act; and all such Sums so assessed or added

shall