ner specified in the said Act and in the preceding Section of this Act.

Powers of

the Court under this

exercised

XVI. Applications to the Court under the Authority of this Act shall be by Petition addressed to the Court, and shall be brought in the first instance before One of the Act to be Lords Ordinary officiating in the Outer House, who may by the Lord direct such Intimation and Service thereof and such In- Ordinary. vestigation or Inquiry as he may think fit, and the Power of the Lord Ordinary before whom the petition is enrolled may be exercised by the Lord Ordinary on the Bills during Vacation, and all such Petitions shall as respects Procedure, Disposal, and Review be subject to the same Rules and Regulations as are enacted with respect to Petitions. coming before the Junior Lord Ordinary in virtue of the Act Twentieth and Twenty-first Victoria, Chapter Fiftysix Provided that when in the Exercise of the Powers pertaining to the Court of appointing Trustees and regulating Trusts it shall be necessary to settle a Scheme for the Administration of any charitable or other permanent Endowment, the Lord Ordinary shall after preparing such Schemes report to one of the Divisions of the Court, by whom the same shall be finally adjusted and settled; and in all Cases where it shall be necessary to settle any such Scheme, Intimation shall be made to Her Majesty's Advocate, who shall be entitled to appear and intervene for the Interests of the Charity or any Object of the Trust or the public Interest.

pass Acts

XVII. The Court shall be and is hereby empowered Court may from Time to Time from and after the passing of this Act of Sederto make such Regulations by Act or Acts of Sederunt as unt. may be requisite for carrying into effect the Purposes of this Act: Provided that within Fourteen Days from the Commencement of every future Session of Parliament there shall be laid before both Houses of Parliament Copies of all Acts of Sederunt made and passed under the Powers of this Act.

XVIII. In all Cases where a Trust Deed appoints the Trustees to be also Executors, the Resignation of any such Trustee shall infer, unless where otherwise expressly declared, his Resignation also as an Executor under such Trust Deed.

Resignation

of Trustee who is also

Executor to infer Resig

nation as Executor.

Trust

XIX. Nothing in this Act contained shall be construed. Reservaas innovating, revoking, or restricting any express Powers tion of or Directions given to Trustees acting under any Trust Powers in Deed, or shall affect the Decision of any Question which Deeds and may at the passing of this Act be the subject of a depend- Questions ing Action; and none of the Powers and Incidents by this pending Act conferred or annexed to the Office of Trustee shall Actions,

and
Powers,
&c. given
by this Act,

may be negatived

by express Declaration.

Short Title.

take effect or be exercised if it is declared in the Trust Deeds that they shall not take effect; and when there is no such Declaration, then if any Variations or Limitations of any of the Powers or Incidents by the Act conferred or annexed are contained in such Trust Deed, such Powers or Incidents shall take effect or be exercised only subject to such Variations or Limitations.

XX. This Act may be cited for all Purposes as "The Trusts (Scotland) Act, 1867."

SCHEDULES.

SCHEDULE (A.)

FORM OF MINUTE OF RESIGNATION.

I A.B. do hereby resign as and from the Date hereof the Office of Trustee under the Trust Disposition and Settlement (or other Deed) granted by C.D. in favour of E.F., G.H., and myself, dated the and recorded in the Books of Council and Session (or other Register) the

Day of

Day of [If the Trustee was assumed add, and to which Office of Trustee I was assumed by Deed of Assumption granted by the said E.F. and G.H., dated the

Day

In witness whereof [Testing Clause in the usual

SCHEDULE (B.)

FORM OF DEED OF ASSUMPTION.

I A.B. [or we A.B. and C.D.], the accepting and surviving [or remaining] Trustee [or Trustees, or a Majority and Quorum of the accepting and surviving Trustees], acting under a Trust Disposition and Deed of Settlement (or other Deed) granted by E.F. in favour of dated the Day of

[if recorded, specify Register and Date of recording], do hereby assume G.H. [or G.H. and I.K.] as a Trustee [or Trustees] under the said Trust Disposition and Settlement (or other Deed); and I [or we] dispone and convey to myself [or ourselves] and the said

G.H. [or G.H. and I.K.] as Trustees under the said Trust Disposition and Settlement (or other Deed), and the Survivors or Survivor, and the Heirs of the last Survivor, the Majority, while more than Two are acting, being a Quorum, all and sundry the whole Trust Estate and Effects, Heritable and Moveable, Real and Personal, of every Description, or wherever situated, at present belonging to or under my (or our) Control as Trustees (or surviving Trustees, or otherwise, as the Case may be,) under the said Trust Disposition and Settlement, together with the whole Vouchers, Titles, and Instructions thereof. (Then may follow, if wished, special Conveyances of Heritable or Personal Property with the usual Clauses of a Conveyance applicable to such Property, and as the Case may require.) And we consent to Registration hereof for Preservation, and also in the General or Particular [or Burgh] Register of Sasines for Publication. In witness whereof [Testing Clause in the usual Form].

CAP. CXXIV.

An Act to amend The Merchant Shipping Act, 1854. [20th August 1867.]

I. (Act may be cited as The Merchant Shipping Act, 1867, and shall be construed with and as Part of The Merchant Shipping Act, 1854.)

II. (Act to come into operation on 1st January 1868, but shall not apply to any Ship which belongs to the United Kingdom and is absent therefrom at the time, until such Ship has returned to the United Kingdom.)

III. (Sections 224, 227, and 231 of 17 and 18 Vict. c. 104 repealed.)

IV. Lime or Lemon Juice and other Anti-scorbutics to be provided and kept on board certain Ships.)

V. (Penalty for selling, &c., Medicines, &c., of bad Quality.) VII. (Seaman's Expenses in Case of Illness through Neglect of Owner or Master to be paid by them.)

VIII. (Forfeiture of Wages, &c., of Seaman when Illness. caused by his own default.)

IX. (Place appropriated to Seamen to have a certain Space for each Man, and to be properly constructed and kept clear.) X. (Rules for Medical Inspection of Seamen.)

XI. (Offences by British Subjects on board Ships.)

Short Title.

Extent of
Act.

Interpretation of Terms.

Restriction

on Diligence against Moveable

CAP. CXXVI.

An Act to amend the Law relating to Railway Companies in Scotland. [20th August 1867.]

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: Preliminary.

I. This Act may be cited as The Railway Companies (Scotland) Act, 1867.

II. Except as in this Act expressly otherwise provided, this Act shall extend to Scotland only.

III. In this Act-The Term "Company" means a Railway Company, that is to say, a Company constituted by Act of Parliament, or by Certificate under Act of Parliament, for the Purpose of constructing, maintaining, or working a Railway (either alone or in conjunction with any other Purpose): The Term "Decree " includes Decree of Court (whether in absence or in foro contradictorio) and Decree of Registration (whether on Deeds containing a Clause of Registration or on registered Protests of Promissory Notes or Bills of Exchange): The Term "Share" includes Stock: The Term "Person" includes Corporation The Terms "Court of Session" and "Court" shall mean either Division of the Court of Session, or in Time of Vacation the Lord Ordinary officiating on the Bills.

:

Protection of Rolling Stock and Plant.

IV. The Engines, Tenders, Carriages, Trucks, Machinery, Tools, Fittings, Materials, and Effects constituting the Rolling Stock and Plant used or provided by a Company Property of for the Purposes of the Traffic on their Railway, or of their Company; Stations or Workshops, shall not, after their Railway or any Part thereof is open for Public Traffic, be liable to be attached by Diligence at any Time after the passing of this Act and before the First Day of September One thousand eight hundred and sixty-eight where the Decree on which Diligence proceeds is obtained in an Action on a Contract entered into after the passing of this Act, or in an Action not on a Contract commenced after the passing of this Act, or on a protested Promissory Note or Bill of Exchange, or a Deed containing a Clause of Registration Person who registered after the passing of this Act; but the Person who has obtained any such Decree may obtain the Ap

but the

cree may

of a

pointment of a Judicial Factor on the Undertaking of the has obCompany, on Application by Petition in a summary Way tained Deto the Court, and all Money received by such Judicial obtain ApFactor shall, after due Provision for the Working Expenses pointment of the Railway and other proper Outgoings in respect of Judicial the Undertaking, be applied and distributed, under the Factor. Direction of the Court, in Payment of the Debts of the Company, and otherwise according to the Rights and Priorities of the Persons for the Time being interested therein, and on Payment of the Amount due to every such Person who has obtained Decree as aforesaid the Court may, if it think fit, discharge such Judicial Factor.

Determi

Questions

V. If in any Case where Property of a Company has been attached by Diligence a Question arises whether or nation of not it is liable to be so attached notwithstanding this Act, respecting the same may be heard and determined on an Application Diligence. by either Party by Petition in a summary Way to the Court, and such Determination shall be final and binding.

Arrangements.

ment.

VI. Where a Company are unable to meet their Engage- Preparaments with their Creditors the Directors may prepare a tion and Scheme of Arrangement between the Company and their Scheme of lodging of Creditors (with or without Provisions for settling and de- Arrangefining any Rights of Shareholders of the Company as among themselves, and for raising, if necessary, additional Share and Loan Capital, or either of them), and may present a Petition to the Court for the Approval and Confirmation thereof, and shall along therewith lodge a Declaration in Writing under the Common Seal of the Company to the Effect that the Company are unable to meet their Engagements with their Creditors, and with an Affidavit of the Truth of such Declaration made by the Chairman of the Board of Directors and by the other Directors, or the major Part in Number of them, to the best of their respective Judgment and Belief.

Actions.

VII. After the Application shall have been made for the Stay of Approval of the Scheme, the Court may, on Motion by the Company in such Application, sist or interdict any Action or other Proceedings against the Company on such Terms as the Court thinks fit.

VIII. Notice of the Application to the Court for the Con- Notice in Edinburgh firmation of the Scheme shall be published in the Edin- Gazette. burgh Gazette.

IX. After such Publication of Notice no Diligence against Stay of Diligence, the Property of the Company shall be available without &c. Leave of the Court, to be obtained on Petition in a summary Way.