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Provisional Order Confirmation (Glasgow).

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BILL

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Confirm a Provisional Order under

The General Police and A.D. 1877.

Improvement (Scotland) Act, 1862," relating to the Royal
Burgh of Glasgow.

W

HEREAS the Secretary of State for the Home Department, being one of Her Majesty's Principal Secretaries of State, has under the provisions of "The General Police and Improvement (Scotland) Act, 1862," duly made the Provisional Order which is 5 contained in the schedule to this Act annexed, and it is provided by the said Act that no such Order shall be of any validity unless the same has been confirmed by Act of Parliament, and it is expedient that the said Order should be so confirmed:

Be it enacted by the Queen's most Excellent Majesty, by and 10 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:

sional Order.

1. The Provisional Order contained in the schedule to this Act Confirmation annexed shall be and is hereby confirmed, and all the provisions of Provi15 thereof shall, from and after the passing of this Act, be as valid and have the like force and effect as if the same were specially enacted in this. Act.

2. This Act may be cited as "The General Police and Improve- Short title. ment (Scotland) Act, 1862, Order Confirmation (Glasgow) Act, 20 1877."

A.D. 1877.

Provisional Order Confirmation (Glasgow).

SCHEDULE.

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GLASGOW.

The General Police and Improvement (Scotland) Act, 1862.
(25 & 26 Vict. cap. 101.)

WHEREAS by "The General Police and Improvement (Scotland) Act, 1862," 5
it is, inter alia, enacted (section 79) that," whenever it appears desirable to
"the magistrates and council or commissioners of police of any royal or
parliamentary burgh, or to the commissioners for executing this Act in any
burgh or populous place, that provision should be made in order the better
"to apply and execute therein the provisions of this Act, in whole or part, or 10
"for the future application and execution of any Acts in force therein having
"relation to the purposes of this Act, or to the roads or streets within such
burgh or populous place, or to any other matter or thing connected with
"the management and administration of the municipal or police affairs of
"such burgh or populous place, or that any such Acts, or any exemptions 15
"from rating thereform derived, or that any Provisional Order or Order in
"Council applying this Act, hereby authorised to be made, should be wholly
or partially repealed or altered: Or whenever it appears desirable to the
magistrates and council of any royal or parliamentary burgh where there is
"a board of commissioners of police separate from such magistrates and 20
"council to unite the municipal and police government and jurisdiction of
"any such royal or parliamentary burgh in the magistrates and council
thereof, to transfer to them all the powers and jurisdictions of police,
paving, lighting, watching, and others, granted to the commissioners of
police by any Local Acts, and to extend such jurisdictions over the whole 25
limits of such burgh:" The magistrates and council "may present a
petition to one of Her Majesty's Principal Secretaries of State, praying
" for such provision, repeal, and alteration as aforesaid, or for any of such
things, and such petition shall be supported by such evidence as the said
"Secretary requires :"
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And whereas there is in the city and royal burgh of Glasgow a board of police, constituted a body corporate under the name and style of "The Board of Police of Glasgow," separate from the magistrates and council of the said city and burgh, which board of police is appointed and acts under and in virtue of the following local acts now in force, viz. :-(1) The Act 29 & 30 Vict. 35 cap. 273, intituled "An Act to regulate the Police and Statute Labour of the City of Glasgow, and for other purposes," and the short title of which Act

Provisional Order Confirmation (Glasgow).

is "The Glasgow Police Act, 1866;" (2) The Act 35 & 36 Vict. cap. 41 A.D. 1877. intituled "An Act to extend the Municipal Boundaries of the City of Glasgow, to regulate the office of the Town Clerk, and for other purposes,' and the short title of which Act is "The Glasgow Municipal Act, 1872;" 5 (3) The Act 36 Vict. cap. 38, intituled "An Act to enable the Board of Police of Glasgow to make and maintain new streets and other improvements in the City of Glasgow," and the short title of which Act is "The Glasgow Police Act, 1873;" (4) The Act 38 Vict. cap. 53, intituled "An Act to enable the Board of Police of Glasgow to make and maintain a new Street in the City of 10 Glasgow, and to confirm an Agreement relative thereto," and the short title of which Act is "The Glasgow Police Act, 1875;" and (5) The Act 40 & 41 Vict. сар. intituled "An Act to enable the Board of Police of Glasgow to effect certain Street and other Improvements in the City of Glasgow, to raise further moneys, to acquire additional lands, and for other purposes," and the 15 short title of which Act is "The Glasgow Police Act, 1877," and by which last-mentioned Act it is enacted that "The Glasgow Police Act, 1866," and "The Glasgow Municipal Act, 1872," (in so far as the said Act alters the constitution of the board and confers further powers and jurisdiction thereon), and "The Glasgow Police Act, 1873," and "The Glasgow Police Act, 20 1875," and "The Glasgow Police Act, 1877," may be cited together as "The Glasgow Police Acts, 1866, 1872, 1873, 1875, and 1877:"

And whereas a petition under the provisions of the said General Police and Improvement (Scotland) Act has been addressed to me as one of Her Majesty's Principal Secretaries of State by the Lord Provost, magistrates, and council 25 of the said city and royal burgh of Glasgow under their corporate seal, praying that after the inquiry directed by the statute a Provisional Order may be issued uniting the municipal and police government and jurisdiction of the said city and royal burgh in the magistrates and council thereof, and transferring to them the several powers and jurisdictions of police and others, 30 granted to the said board of police by "The Glasgow Police Acts, 1866, 1872, 1873, 1875, and 1877:"

And whereas the foresaid petition further prays that certain parts of "The Glasgow Police Act, 1866," "The Glasgow Municipal Act, 1872," "The Glasgow Police Act, 1873," "The Glasgow Police Act, 1875," and "The 35 Glasgow Police Act, 1877," therein set forth should be repealed or amended, and that provision should otherwise be made to regulate the future application and execution of the said Acts:

And whereas the foresaid petition further prays that certain parts of "The Glasgow Corporation Water Works Act, 1855," therein set forth should be 40 repealed, and that provision should otherwise be made for regulating the future application and execution of the said Act, and of "The Glasgow Corporation Waterworks Amendment Act, 1859," "The Glasgow Corporation Waterworks Amendment Act, 1860," "The Glasgow Corporation Waterworks Amendment Act, 1865," "The Glasgow Corporation Waterworks Amendment 45 Act, 1866," "The Glasgow Corporation Waterworks Amendment Act, 1873," and "The Glasgow Corporation Waterworks Amendment Act, 1877."

A.D. 1877.

Provisional Order Confirmation (Glasgow).

And whereas due inquiry has been directed and held in respect of the matters mentioned in the said petition :

Now therefore, in pursuance of the powers vested in me by the said General Police and Improvement (Scotland) Act, 1862, I, as one of Her Majesty's Principal Secretaries of State, do by this Provisional Order under 5 my hand and seal of office, direct that from and after any Act of Parliament confirming the same,-

(1.) The Municipal and Police Government and Jurisdiction of the city and royal burgh of Glasgow shall be united in the magistrates and council thereof: (2.) The parts of "The Glasgow Police Act, 1866," set forth in the Schedule 10 hereunto annexed shall be repealed; and as regards the other parts of the said Act and "The Glasgow Municipal Act, 1872," and "The Glasgow Police Act, 1873," and "The Glasgow Police Act, 1875," and "The Glasgow Police Act, 1877," in so far as not hereby amended, the whole powers, authority, and jurisdictions of police and others granted to and vested in the board of 15 police by the said Acts, and by any Acts with the said Acts incorporated, or by any other Act of Parliament, shall be, and the same are hereby transferred to and vested in the magistrates and council of the said city and royal burgh, who shall thenceforward have and exercise the whole powers, authority, and jurisdictions foresaid, and perform the whole duties and obligations and fulfil 20 all contracts incumbent on the said board of police: and in construing "The Glasgow Police Act, 1866," "The Glasgow Municipal Act, 1872," "The Glasgow Police Act, 1873," "The Glasgow Police Act, 1875," and "The Glasgow Police Act, 1877," or any Act or the Schedule to any Act in which "the board of police of Glasgow" are referred to, the expressions "the board of 25 police of Glasgow," or "the board," or other similar expression, shall (except when the context is repugnant thereto) be read as if the expression "the magistrates and council" had been inserted instead thereof; and when the word "undertaker" in any Act, incorporated with the said Acts, is held by the said Acts to mean or include the board of police, the said word shall instead mean or 30 include the magistrates and council; and the word "promoters," or "commissioners," in any such incorporated Act shall also mean or include the said magistrates and council.

(3.) The whole lands and heritages, assessments, claims, demands, rights, properties, and effects of every kind, heritable or moveable, belonging to or 35 vested in the board of police of Glasgow, or in any person on their behalf, under and in virtue of "The Glasgow Police Acts, 1866, 1872, 1873, 1875, and 1877," (but subject to any liabilities which legally attach thereto), shall become vested in and shall belong to the magistrates and council for the purposes of the said Acts, as fully and effectually to all intents and purposes 40 as if the same had been formally and particularly conveyed to and vested in them, with full power, right, and authority to the magistrates and council to levy, adjudge, sue for, and recover the same:

(4.) All mortgages, bonds, assignations, leases, grants, conveyances and other deeds or securities, made or granted to or by the board of police of 45

Provisional Order Confirmation (Glasgow).

Glasgow, or to which they have acquired right, and all claims for annual or A.D. 1877. other payments for which they are liable, under or by virtue or in pursuance of "The Glasgow Police Acts, 1866, 1872, 1873, 1875, and 1877," and all contracts and agreements entered into with them, and all judgments or 5 decreets arbitral pronounced in any suit or arbitration to which they were a party, shall be good, valid, and effectual to all intents and purposes, and may be enforced by or against the magistrates and council to the same extent and effect as they might have been enforced by or against the board of police of Glasgow:

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(5.) All rates and assessments, fines, penalties, and expenses imposed under or by virtue or in pursuance of "The Glasgow Police Acts, 1866, 1872, 1873, 1875, and 1877," and remaining unpaid, may be levied and recovered by the magistrates and council, or the officers appointed by them, in the same way and by the same means as they would have been recoverable by the board of 15 police of Glasgow or the officers appointed by them if this Order and the Act confirming the same had not been passed, and when so levied and recovered shall be applied by the magistrates and council to and for the purposes of "The Glasgow Police Acts, 1866, 1872, 1873, 1875, and 1877":

(6.) All actions, suits, and proceedings, and all arbitrations to which the 20 board of police of Glasgow, or the officers appointed or acting under "The Glasgow Police Acts, 1866, 1872, 1873, 1875, and 1877," were parties when the Act confirming this Order is passed, may be proceeded with by or against the magistrates and council or the corresponding officers appointed by or acting under the magistrates and council under "The Glasgow Police Acts, 25 1866, 1872, 1873, 1875, and 1877," without the necessity of intimating such action, suit, proceeding, or arbitration, or making them respectively formally parties thereto :

(7.) Notwithstanding the transfer of the powers, authority, and jurisdictions of the board of police of Glasgow to the magistrates and council, the assessors, 30 procurator-fiscal, clerk, treasurer, surveyor, collector, chief constable, master of works, inspector, and other officers appointed by the board of police, in pursuance of "The Glasgow Police Acts, 1866, 1872, 1873, 1875, and 1877," or continued in office under the same, and who may at the time of the said transfer be employed by the board of police, shall severally continue to exercise 35 their respective offices, and shall receive their respective salaries and emoluments under and from the magistrates and council, upon the same terms as to period of appointment and otherwise, as they exercised and received the same respectively under and from the board of police before the said transfer, and all bonds or securities for the acts and intromissions of such 40 officers, granted to the board of police of Glasgow, shall from and after the passing of the Act confirming this Order be enforceable by the magistrates and

council:

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(8.) The books, register of mortgages and other registers, lists of ratepayers, accounts, and other documents and vouchers of the board of police of Glasgow, 45 and the minutes of proceedings of the board, and their committees, and subcommittees, shall be deemed the books, registers, lists, accounts, documents,

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