CHAPTER LXXX.

THE LASCARS ACT, 1823 (Short Titles Act, 1896).

AN ACT to consolidate and amend the several Laws now in force with respect to Trade from and to Places within the Limits of the Charter of the East India Company, and to make further Provisions with respect to such Trade; [18th July 1823.]

1

Title in part rep. 53 & 54 Vict. c. 51 (S.L.R.)

1 This Act is rep., except such parts thereof as relate to Asiatic sailors, Lascars, being natives of the territories under the government of the East India Company, 3 & 4 Will. 4, c. 93, s. 1.

[Preamble.]

[Ss. 1-24 rep. 36 & 37 Vict. c. 91 (S.L.R.). S. 2 provided that trade may be carried on in British vessels with all places, except China, within East India Company's charter.]

25. GOVERNOR OF FORT WILLIAM TO MAKE RULES, &C. WITH RESPECT TO MASTERS, &C. FOR LASCARS, &C. IN SHIPS TRADING UNDER THIS ACT.--It shall and may be lawful to and for the governor general of Fort William in Bengal in council, and he is hereby required, as soon as may be, to make, ordain, and publish, and from time to time as occasion may require to repeal and alter, and newly to make, ordain, and publish such rules and regulations to be observed by masters, officers, and owners of ships and vessels trading under the authority of this Act, the crews of which ships or vessels shall be wholly or in part composed of Asiatic sailors, Lascars, or natives of any of the territories, countries, islands, or places within the limits of the charter of the said united company, for the due supply of provisions, clothing, and other necessary accommodation of such Asiatic sailors, Lascars, and natives aforesaid, whilst they shall be on board such ships or vessels, and whilst absent from the countries or places to which they shall respectively belong, and until they shall be carried back to the places to which they may belong or from whence they may have been brought, and for the conveyance back of such Asiatic sailors, Lascars, or natives as aforesaid within a reasonable time to be fixed by such rules or regulations.

i.e. the East India Company.

26. SUCH RULES AND REGULATIONS TO BE OBSERVED IN LIKE MANNER AS IF THEY HAD FORMED PART OF THIS ACT, &c.-All such rules and regulations, until they shall be repealed or altered, shall be observed and performed according to the true intent and meaning thereof, in like manner as if they had been herein inserted and had formed part of this Act; and a copy of all and every such rules and regulations, signed and authenticated as such by the secretary for the time being of the government of Bengal, or by the secretary for the time being of the said united company, shall be deemed and received and taken in and by all courts, justices, and other persons, as full, sufficient, and conclusive evidence of such rules and regulations.

[S. 27 rep. 57 & 58 Vict. c. 60.]

28. PENALTY FOR BREACH OF RULES AS TO LASCARS, &c.—For every breach or non observance of any rule or regulation to be made in pursuance of this Act in relation to Asiatic sailors, Lascars, or natives aforesaid, which shall have happened or taken place,

.. the master or commander and all and every the owners and owner of the ship or vessel on board which any such Asiatic sailor, Lascar, or native aforesaid shall be or shall have been, shall forfeit the sum of ten pounds for every Asiatic sailor, Lascar, or native aforesaid in respect of whom such breach, non-observance, or defect shall have happened or taken place, to be recovered against the master, commander, and owners jointly or severally by bill, plaint, information, or action in any of his Majesty's courts of record in the United Kingdom of Great Britain and Ireland, or in the East Indies or elsewhere, to be commenced in the county or presidency or place where any such offender may happen to be, or by conviction in a summary way before two justices of the peace in the United Kingdom or in the East Indies, of the county or presidency where any such offender may happen to be; and of which sum and sums so to be forfeited one third part thereof shall go belong, and be paid to the person or

persons who shall inform or sue for the same, and the other two third parts thereof shall be paid to such person or persons as the court or justices before whom the same shall be recovered shall award, to be applied in payment or reimbursement of any expence which may have been incurred by or for the use of the Asiatic sailor, Lascar, or native aforesaid, or the respective Asiatic sailors, Lascars, or natives aforesaid, in respect of whom such forfeiture or forfeitures shall have been recovered, or in such other manner, for his or their maintenance, return home, or benefit, as the court or justices before whom the same shall be recovered shall direct.

S. 28 in part rep. 57 & 58 Vict. c. 60.

[Ss. 29, 30 rep. 54 & 55 Vict. c. 67 (S.L.R.).]

31. LASCARS, &c. CONVICTED OF VAGRANCY TO BE SHIPPED ON BOARD OF A VESSEL BOUND TO THE PLACE FROM WHENCE THEY WERE BROUGHT.-[Recital] If any Asiatic sailor, Lascar, or native aforesaid shall at any time be convicted of an act of vagrancy under any of the laws in force in the United Kingdom respecting vagrants, it shall and may be lawful to and for the justice or justices or magistrates, before whom such conviction shall take place, to order and direct that he shall be shipped on board any ship or vessel bound to the place, or as near as may be to the place, to which he shall belong, or from which he shall have been brought, and the commander of which shall be willing to take charge of him in order to his being returned thereto, at the expence of the person or persons liable under any rule or regulation to be made as before mentioned, or of any other person being otherwise willing to defray the same; and it shall and may be lawful for the commander of any such ship or vessel having taken charge of such vagrant, and he is hereby required, to keep and detain him on board his ship for the voyage for which he shall be shipped.

32. PROCEEDINGS NOT TO BE QUASHED FOR WANT OF FORM, &c.-Provided also, that no conviction, order, or proceeding, to be made or had by or before any justices of the peace or other magistrate by virtue of this Act, shall be quashed or vacated for want of form; and that the order of such justices or other magistrates shall be final, and that no proceedings of any such justices or other magistrates in pursuance of this Act shall be removable by certiorari or otherwise.

[S. 33 rep. 56 & 57 Vict. c. 61; 8. 34 rep. 57 & 58 Vict. c. 60.]

CHAPTER XCVII.

THE COMMISSARY COURTS (SCOTLAND) ACT, 1823 (Short Titles Act, 1896).

AN ACT for the Regulation of the Court of the Commissaries of Edinburgh; and for altering and regulating the Jurisdiction of Inferior Commissaries in Scotland. [19th July 1823.]

[Whole Act, except ss. 5, 13, rep. 53 & 54 Vict. c. 33 (S.L.R.).]

5. OFFICE OF PRINCIPAL CLERK SHALL BE ABOLISHED; AND TWO CLERKS SHALL BE HEREAFTER APPOINTED.-The office of principal clerk of the said court of the commissaries of Edinburgh shall be and the same is hereby abolished, and there shall only be two clerks of the said court entitled to receive fees; the one to be appointed by his Majesty, and who shall perform the duties of his office in person; the other to be named by the clerk so appointed, as his deputy during his pleasure, and for whom he shall be responsible.

13. WHERE COURTS ARE AT PRESENT HELD, THE CLERK OR HIGHEST SALARIED CLERK SHALL BECOME THE COMMISSARY CLERK FOR THE COMMISSARIAT HEREBY ESTABLISHED, AND MAY NAME A DEPUTY, &c.—In counties wherein a commissary court is at present held, the clerk of such court shall become the commissary clerk for commissariat hereby established in such county, with power to such commissary clerk to name a deputy to act for him so long as he shall hold the said office, and for whom he shall be responsible; and in any county where more than one of such courts is at present held, the commissary clerk whose emoluments shall amount to the highest annual sum, as set forth in the report of the said commissioners in that behalf herein-before recited, shall become the commissary clerk for the commissariat hereby established in such county with power to name a deputy as aforesaid.

CHAPTER XCVIII.

THE CONFIRMATION OF EXECUTORS (SCOTLAND) ACT, 1823 (Short Titles Act, 1896). AN ACT for the better granting of Confirmations in Scotland. [19th July 1823.]

[Preamble.]

1. RIGHT TO CONFIRMATION TO TRANSMIT TO REPRESENTATIVES OF NEXT OF KIN OF INTESTATE DYING BEFORE CONFIRMATION.-In all cases the intestate succession, where any person or persons who, at the period of the death of the intestate, being next of kin, shall die before confirmation be expede, the right of such next of kin shall transmit to his or her representatives, so that confirmation may and shall be granted to such representatives, in the same manner as confirmations might have been granted to such next of kin immediately upon the death of such intestate.

2. CAUTION NOT TO BE REQUIRED FROM EXECUTORS NOMINATE; AND AMOUNT THEREOF IN OTHER CASES TO BE FIXED BY COURT.-Caution shall not be required to be found by executors nominate; and in all other cases the court granting confirmation shall fix the amount of the sum for which caution shall be found by the person or persons to whom confirmation shall be granted, not exceeding the amount confirmed.

3. CONFIRMATIONS TO BE OF THE WHOLE MOVEABLE ESTATE OF DECEASED.-Every person requiring confirmation shall confirm the whole moveable estate of a deceased person known at the time, to which such person shall make oath: Provided always, that it shall and may be lawful to eik to such confirmation any part of such estate that may afterwards be discovered, provided the whole of such estate so discovered shall be added, upon oath as aforesaid: Provided nevertheless, that nothing herein contained shall affect or alter the provision made with respect to special assignations by an Act of the Scottish Parliament made in the year one thousand six hundred and ninety, intituled "Act anent "the confirmation of testaments."

4. CONFIRMATION BY EXECUTOR'S CREDITOR MAY BE LIMITED TO AMOUNT OF DEBT.Provided further, that in the case of confirmation by executor's creditor, such confirmation may be limited to the amount of the debt and sum confirmed to which such creditor shall make oath: Provided always, that notice of every application for confirmation by any executor's creditor shall be inserted in the Edinburgh Gazette, at least once, immediately after such application shall be made; in evidence whereof a copy of the Gazette, in which such notice shall have been inserted, shall be produced in court before any such confirmation shall be further proceeded in.

5 GEORGE 4, 1824.

CHAPTER LXIV.

THE FISHERIES ACT, 1824 (Short Titles Act, 1896).

AN ACT to amend the several Acts for the Encouragement and Improvement of the British and Irish Fisheries.1

[17th June 1824.]

1 The whole Act is rep. 30 & 31 Vict. c. 52, s. 9, in so far as necessary to give effect to the provisions of that Act.

[Preamble.]

[Ss. 1-8 rep. 31 & 32 Vict. c. 45, 8. 71.]

9. SUMS NOT EXCEEDING L.3,000 ANNUALLY ALLOWED UNDER 48 GEO. 3, c. 110, FOR ENCOURAGEMENT OF SCOTCH FISHERIES, AND NOT EXCEEDING L.5,000 ANNUALLY ALLOWED UNDER 59 GEO. 3, c. 109, FOR IRISH FISHERIES, SHALL IN FUTURE BE APPLIED TOWARDS BUILDING PIERS AND QUAYS IN SCOTLAND AND IRELAND, AND REPAIR

ing Boats of pooR FISHERMEN.—And whereas by the herein-before recited Act of the forty-eighth year of the reign of his late Majesty King George the Third, for the further encouragement and better regulation of the British white herring fishery, the commissioners for the herring fishery to be appointed pursuant to the said Act are authorized to allow premiums or bounties not exceeding the sum of three thousand pounds in the whole in any one year, for the encouraging the herring fisheries on the sea coasts of Scotland: And whereas by the herein-before recited Act of the fifty-ninth year of the reign of his said late Majesty, for the further encouragement and improvement of the Irish fisheries, the lord lieutenant is authorized to direct any sum or sums of money not exceeding the sum of five thousand pounds in any one year, to be paid to the commissioners of the Irish fisheries, for the encouragement of the coast fisheries of Ireland, under the regulations in the said recited Act respectively contained: And whereas it is expedient that such sums, not exceeding three thousand pounds and five thousand pounds respectively, should in future be applied in manner herein-after mentioned: Be it therefore enacted, that the said several sums, not exceeding three thousand pounds and five thousand pounds respectively, shall be applied and employed by the commissioners of the said fisheries respectively, in the encouraging and assisting the building, making, or repairing of piers or quays at such ports and places on the sea coasts of Scotland and Ireland respectively as shall appear to the said commissioners of the fisheries respectively to be most fit and necessary, and not for any other purpose whatever; except only in providing materials for the repair of the boats of poor fishermen at such ports or places where piers or quays are or shall be built, not exceeding the amount of five hundred pounds in any one year in Scotland and Ireland respectively; anything in the said recited Acts to the contrary notwithstanding: Provided always, that no part of such respective sums shall be granted or allowed to any person or persons by the said commissioners respectively for the purpose of making or building or repairing of any such pier or quay, except in such cases where the said commissioners shall be satisfied that not less than one-fourth part of the expences of building, making, or repairing of any such pier or quay respectively hath been advanced and paid and expended by such person or persons.

10. REGULATIONS FOR ISSUING SUCH SUMS IN SCOTLAND AND IRELAND RESPECTIVELY. -All such sums shall be allowed in Scotland by the commissioners of the herring fishery, under such rules and regulations as the said commissioners shall make and publish in that behalf, by and with the approbation of the Treasury; and a list of the names of the persons entitled to any such sums, the place of residence of each of the said persons, the situation of the pier or quay which shall be in part made, built, or repaired by any such person respectively, and the sums of money paid and expended by such persons respectively, and the sum of money assigned to each person respectively by the said commissioners shall be made and certified by the said commissioners of the said fisheries from time to time, and at such time as shall be directed and required by the Treasury; and it shall be lawful for the Treasury, and they are hereby authorized and required, to cause the said sums to be paid by the commissioners of excise, at such times and in such manner, and under such regulations as the Treasury shall from time to time think proper and expedient; and the Treasury shall cause an account of all such sums to be laid before both Houses of Parliament, within fourteen days after the commencement of every session; and in Ireland all such sums shall be issued under the directions of the lord lieutenant of Ireland; and the commissioners of the Irish fisheries shall report the application thereof, and a copy of such report shall be laid before Parliament, in such and the like manner as is required and directed by the said recited Act of the fifty-ninth year of the reign of his late Majesty King George the Third, for the further encouragement and improvement of the Irish fisheries.

CHAPTER LXXII.

THE TEINDS ACT, 1824 (Short Titles Act, 1896).

AN ACT for amending and rendering more effectual an Act for augmenting Parochial Stipends in certain Cases in Scotland. [17th June 1824.]

[Preamble recites 50 Geo. 3, c. 84, 88. 2, 3, 10.]

1. ACCOUNTS OF PARISHES, THE STIPENDS OF WHICH DO NOT EXTEND TO THE YEARLY VALUE OF L.150, AND WHICH CANNOT BE AUGMENTED UNDER PRESENT LAWS, TO BE MADE ONCE IN EVERY FIVE YEARS BY THE CLERKS OF THE PRESBYTERIES, AND TRANSMITTED TO THE TEIND CLERK, TO BE CONSIDERED BY THE COMMISSIONERS OF TEINDS, WHO SHALL DIRECT THE STIPENDS TO BE AUGMENTED PRECEPTS SHALL ISSUE FOR PAYMENT OF THE SUMS NECESSARY TO AUGMENT THEM TO L.150.-From time to time once in five years, at the expiration of each successive five years in all time hereafter, the clerks to the different presbyteries within Scotland shall make out accounts, in the manner directed by the said recited Act, of the different parishes within each presbytery, the stipends of which parishes do not at the time extend in their yearly amount or value to the sum of one hundred and fifty pounds sterling, and which cannot be augmented to that extent under the laws at present or to be then in force, by reason of the causes mentioned in the said recited Act, which accounts shall specify the amount of each such stipend in money, grain, or other articles, according to an average of the last five years preceding the date of making out the same respectively, and the said accounts shall be transmitted to the teind clerk, or principal clerk of the lords of council and session, as commissioners for plantation of kirks and valuation of teinds, who shall thereupon proceed in the manner directed by the said recited Act to take the same into consideration and to adjust and settle the same; and so soon as the said lords of council and session, as commissioners aforesaid, shall have adjusted and settled any such list or schedule, or shall have ascertained the sum necessary for augmenting each such stipend, in the manner directed by the said recited Act, as often as the same is required to be done by this Act, to the annual amount or value of one hundred and fifty pounds, the said lords of council and session, as commissioners aforesaid, shall cause a list or schedule or lists or schedules to be made out in the manner directed by the said recited Act, specifying the sum necessary for augmenting each such stipend to the annual sum of one hundred and fifty pounds, and every such list or schedule shall be recorded and transmitted in the manner directed by the said recited Act; and the said barons of Exchequer shall issue their precept or warrant, addressed to his Majesty's said receiver general and paymaster for Scotland, to each of the ministers mentioned in any list or schedule made up under the authority of this Act, for payment to such minister of the annual sum which according to such list or schedule shall appear to be necessary for augmenting his stipend to the annual amount or value of one hundred and fifty pounds, to be paid him during his incumbency, and to his successor, at the terms or times and in the manner directed by the said recited Act, unless and until an alteration shall take place in the manner hereinafter directed.

2. LISTS OF PARISHES WHERE THERE IS NO MANSE OR GLEBE AND THE STIPEND IS UNDER THE YEARLY VALUE OF L.200 to be MADE UP AND TRANSMITTED IN LIKE MANNER.— [Recital] As soon as conveniently may be after the passing of this Act the clerks to the different presbyteries within Scotland shall make up a list or lists of any parish or parishes within each presbytery the minister whereof is without a manse and glebe, and of any parish or parishes the minister whereof is without a manse, and of any parish or parishes the minister whereof is without a glebe, the stipend of any which minister shall be under the amount or value of two hundred pounds per annum; and every such list shall be transmitted to the said teind clerk, or principal clerk to the said lords of council and session as commissioners aforesaid.

3. COMMISSIONERS OF TEINDS TO ENQUIRE INTO THE CIRCUMSTANCES OF SUCH CASES AND TO MAKE UP LISTS OR SCHEDULES OF SUCH PARISHES WHERE THE STIPENDS ARE UNDER L.200 AND CANNOT BE PROVIDED WITH MANSE OR GLEBE AND OF THE SUM WHICH OUGHT to be allowed, &c. ; PRECEPTS SHALL ISSUE FOR PAYMENT OF THE SUMS ALLOWED.-After such list shall have been received by such teind or principal clerk, it shall and may be lawful for the said lords of council and session, as commissioners aforesaid, upon the application of any of the ministers interested, or of the procurator of the church on behalf of the whole, to enquire into the circumstances of the case, and if they shall find