38 & 39 VICT.

Cap. 61.

or mill or works, or to any town, village, or populous place situated on the estate;

(2) The embanking, warping, or weiring of land from the waters of the sea, or of any lake, river, or stream;

(3) The enclosing of land, and the straightening of fences, and redivision of land;

(4) The reclamation of land;

(5) The making of private roads through the estate, and the forming of roads or streets in any town, village, or populous place in so far as situated on the estate, and the making of tramways or railways or navigable canals for the benefit of and in so far as made within the estate;

(6) The trenching of land, the clearing of land, or the planting of land; (7) The erecting or improving of, or the making additions to

(a) The mansion-house or any of the mansion-houses and offices or outbuildings of the same on an entailed estate;

(b) Farm-houses and offices, or outbuildings for the same, and cottages for labourers, farm-servants, and artisans, whether employed on the estate or not;

(c) Factors', ground-officers', and overseers' houses, with suitable offices and outbuildings;

(d) Inns or hotels, and offices or outbuilding of the same on the estate;

(e) Shooting lodges and offices or outbuildings for the occupation of the tenants of any shootings which may be let on the estate, and of the servants of such tenants of shootings;

(f) Engine-houses, water-wheels, water or horse mills, saw mills, kilns, shafts, wells, ponds, tanks, reservoirs, dams, leads, pipes, conduits, watercourses, bridges, weirs, sluices, flood-gates, or hatches, with all fixed machinery appertaining thereto, which will increase the value of the land for agricultural purposes, or otherwise be beneficial to the estate;

(g) Jetties or landing-places on the shores of the sea or of a lake, or on the banks of a navigable river, for facilitating the transport of agricultural stock and produce, or of manures, or other articles needed for agricultural purposes.

XII. Procedure in applications under Entail Acts.-Subject to such rules in regard to the matters in this section mentioned as the court are hereby authorised and required to make by Act of Sederunt, . . .1 and . . .1 from time to time to vary or extend as they shall see fit, the following provisions shall have effect with reference to all applications to the court under this or any other Entail Act:

2_

1 Preceding words omitted by 56 & 57 Vict. c. 54.

2 All such applications must now be made in the Bill Chamber.

(1) The application shall be addressed to the court, but shall be presented to the junior Lord Ordinary, and during any vacation or recess of the court, to the Lord Ordinary officiating on the Bills, who shall have all jurisdictions, powers, and authorities necessary for dealing with the

same:

(2) Applications, except for authority to disentail, sell, alienate, dispone, charge with debt or incumbrances, may be made and prosecuted by the tutor, curator, or other legal guardian of a pupil or minor, or person under legal incapacity:

(3) Should the applicant die, his personal representative or his successor in the entailed estate, or his disponee, legatee, or assignee, or any of them, according to their respective rights and interests, shall, except in the case of applications in which it is necessary to obtain the consent or the dispensing with the consent of one or more heirs of entail, be entitled to be sisted in the process, at whatever stage the death may happen, and to prosecute the same:

(4) The Lord Ordinary shall appoint intimation of every application to be made in the minute-book and on the walls, in common form, and shall also appoint the same to be once advertised in the Edinburgh Gazette, and once in some newspaper published or circulating in a county in which the estate or some portion thereof is situated:

It shall be sufficient in the advertisements to state the leading name by which the lands are commonly known, without any detailed description thereof, and the leading purpose of the application, without any detailed statement of such purpose:

The Lord Ordinary may also order such service as he may think proper, the induciæ of which may be the same as the induciæ upon summonses in terms of The Court of Session Act, 1868, and may permit any person not called as a respondent to appear in the process for his interest:

(5) In any application for authority to disentail an estate in whole or in part, or to sell, alienate, dispone, charge with debts or incumbrances, lease, feu, or excamb the same, or any part thereof, it shall be sufficient that 1 a schedule shall be produced, signed by the petitioner and deponed to by him as correct, setting forth that there are no entailer's debts or other debts, and no provisions to husbands, widows, or children affecting or that may be made to affect the fee of the estate or the heirs of entail that are not secured by having been placed on the record; or if there are any such debts or provisions that are not so secured, setting forth as regards such debts or provisions the amounts or sums thereof in figures, the dates when the same were constituted, and the names and designations or residences of the parties who at the date of the application are in right of the same:

1 1 Preceding words omitted by 56 & 57 Vict. c. 54.

(6) In every application it shall be competent to decern for payment of expenses of process against any of the parties to the proceedings, or to decern for payment thereof out of the entailed estate concerned or out of the money consigned under the application:

(7) Power is hereby conferred on the court by Act of Sederunt to establish, and from time to time to alter or vary, a scale of fees payable to reporters in entail applications, such as in their opinion shall afford to the said reporters a sufficient remuneration for performing the duties of their offices.

1875.

41 VICT. Cap. 20.

THE RAILWAY RETURNS (CONTINUOUS BRAKES) ACT, 1878, 41 VICT. CAP. 20.

AN ACT TO PROVIDE FOR RETURNS RESPECTING CONTINUOUS BRAKES IN USE
ON PASSENGER TRAINS ON RAILWAYS.-[17th June 1878.]

Preamble. 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:

I. Short title. This Act may be cited as "The Railway Returns (Continuous Brakes) Act, 1878."

II. Returns to be made twice a year by railway companies to Board of Trade respecting continuous brakes.-Every railway company shall twice in every year make to the Board of Trade returns respecting the use of continuous brakes on the passenger trains running on the railways worked by such company.

The returns shall contain the particulars and be in the form specified in the Schedule to this Act, or shall contain such other particulars and be in such other form as the Board of Trade from time to time prescribe; and the Board of Trade may in any case dispense with any part of the returns where they deem the same inapplicable.

The returns shall be made for the six months ending on the last day of December and the last day of June in every year, or on such other days as the Board of Trade from time to time direct, and shall be made within fourteen days after the expiration of each six months.

Every return shall be signed by the officer of the company responsible for the correctness of the return, and by the chairman or deputy chairman of the directors of the company, or where there are no directors by the individual or one of the individuals bound to make the return.

Any railway company who fail to comply with this section shall be liable on summary conviction before a court of summary jurisdiction to a fine not exceeding five pounds for every day during which the default continues.

Any person who makes or is privy to the making of a return under this Act which is to his knowledge false in any particular shall be liable on summary conviction before a court of summary jurisdiction to a fine not exceeding fifty pounds.

Expressions in this Act have the same meaning as they have in The Regulation of Railways Act, 1871.

[SCHEDULE

Name of
Railway
Company.

Name and
Description of
Brake or

Brakes adopted
by the Com-
pany and in use
on Passenger
Trains on Lines
worked by
them.

Section 2.

and
Tenders
used for

Passenger
Trains.

Carriages
and other
Vehicles
used for
Passenger
Trains.

Engines
and
Tenders
used for
Passenger
Trains.

Carriages
and other
Vehicles
used for

Passenger
Trains.

41 VICT. Cap. 20.

41 & 42 VICT. Cap. 76.

RETURN for the Six Months ending on the

day of

18 of all

cases in which Continuous Brakes have, from any cause, failed to act when required to
be brought into action on any railway worked by the
Railway Company.

Name or Description of

Name of Railway Company. Brake which failed in being Date of Failure.
brought into Use.

Particulars of Circumstances

relating to

the Cause of Failure.

RETURN for the Six Months ending on the

day of Railway Company.

18 of all

cases in which Continuous Brakes have not been used on any Passenger Train running on a railway worked by the

Name of Railway Company.

Name of Railway worked by Company
on which Passenger Train ran without
Continuous Brake.

Number of Passenger Trains so run.

THE TELEGRAPH ACT, 1878.-41 & 42 VICT. CAP. 76.

AN ACT TO MAKE FURTHER PROVISION RESPECTING THE POST OFFICE TELE-
GRAPHS. [16th August 1878.]

Preamble. 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:

I. Short title. This Act may be cited as "The Telegraph Act, 1878."
III. Amendment of 26 & 27 Vict. c. 112, as to consents.-Where any body