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THE SCOTS STATUTES REVISED

SCOTS STATUTES REVISED,

1707 TO 1900.

STATUTES OF QUEEN VICTORIA.

6 & 7 VICTORIA, 1843.

CHAPTER VII.

THE TRANSPORTATION Act, 1843 (Short Tilles Act, 1896). AN ACT to amend the Law affecting transported Convicts with respect to pardons and Tickets of Leave.

[3rd April 1843.] [Preamble recites 2 & 3 Will. 4, c. 62, 8. 2.) [S. 1 (repealing recited enactment) rep. 37 g 38 Vict. c. 96 (S.L.R.).] 2. MANNER OF GRANTING PARDONS TO TRANSPORTED FELONS.—After the time when this Act shall take effect in any place to which felons and offenders have been or may be transported by law, neither the governor nor lieutenant governor of such place shall be empowered as heretofore to remit, either absolutely or conditionally, the whole or any part of the time for which any such felons or other offenders shall have been or shall be hereafter transported to such place, but instead thereof the governor or lieutenant governor shall from time to time, by an instrument in writing under his hand, recommend such felons or other offenders as he shall think fit to be recommended to her Majesty for an absolute or conditional pardon ; and in case her Majesty shall, through one of her principal secretaries of state, signify her approval of any such recommendation, it shall be lawful for the governor or lieutenant governor to grant such absolute or conditional pardon, pursuant to such instructions as shall be sent to him by the secretary of state, by an instrument in writing under the seal of his government, which shall be deemed from the day of the date thereof to have, within such place or places as shall be specified in such pardon, but not elsewhere, the same effect in the law to all intents and purposes as if a general, absolute or conditional pardon had passed on that day under the great seal of the United Kingdom.

3. HOLDERS OF TICKETS OF LEAVE MAY SUE FOR PERSONAL PROPERTY-ON REVOCATION OF TICKET OF LEAVE SUCH PROPERTY SHALL VEST IN HER MAJESTY.--[Recital refers to practice of granting tickets of leave to transported convicts] It shall be lawful for every felon under sentence or order of transportation who shall hold any such ticket of leave, notwithstanding his or her conviction of felony, to acquire and hold personal property, and to maintain any action or suit for the recovery of any personal property so acquired by him or her, and for any damage or injury sustained by him or her, in the courts of the colony or place where such felon shall lawfully reside ; and if the defendant in any such action or suit shall plead or allege in his or her defence the plaintiff's or complainant's conviction of felony, and the plaintiff or complainant shall allege and prove that he or she hath received and doth still continue to hold unrevoked such a 1

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S.S.R. III.

ticket of leave as aforesaid a verdict shall pass and judgment shall be given for the plaintiff or complainant: Provided always, that whenever such ticket of leave shall be revoked all property so acquired by any such felon shall vest absolutely in her Majesty, and shall be disposed of at the discretion of the governor or lieutenant governor, subject to such instructions as shall be from time to time sent to him by one of her Majesty's principal secretaries of state.

4. HOLDERS OF TICKETS OF LEAVE INCAPABLE OF HOLDING REAL PROPERTY UNTIL PARDONED.—Provided always, that no felon under sentence of transportation who shall hold a ticket of leave shall be capable of acquiring or holding any estate in lands or tenements other than as tenant for years, or for some less term or estate, determinable in each case upon the revocation of the ticket of leave until after such felon shall have duly obtained an absolute or conditional pardon from the governor or lieutenant governor of the place to which he shall have been so transported, pursuant to the provisions herein-before contained.

5. COMMENCEMENT OF Act.—This Act shall be proclaimed by the governor or lieutenant governor of every place to which felons and offenders have been or now may be transported by law within six weeks after a copy of it shall have been received by him, and shall take effect in every such place from the day of the proclamation thereof; and in case her Majesty shall be pleased, with the advice of her privy council, to appoint any new place or places beyond the seas to which felons and other offenders under sentence or order of transportation may be conveyed, this Act shall take effect in every such place from the time of such appointment.

[S. 6 rep. 37 g 38 Vict. c. 96 (S.L.R.).]

CHAPTER XXXVI. THE SCIENTIFIC SOCIETIES Act, 1843 (Short Titles Act, 1896). An Act to exempt from County, Borough, Parochial, and other local Rates, Land and Buildings occupied by Scientific or Literary Societies.

[28th July 1843.]

[Preamble.] 1. SCIENTIFIC, &c. SOCIETIES, SUPPORTED BY VOLUNTARY CONTRIBUTIONS AND DIVIDING NO PROFITS, EXEMPTED FROM RATES UPON OBTAINING THE CERTIFICATE HEREIN-AFTER MENTIONED.—No person or persons shall be assessed or rated, or liable to be assessed or rated, or liable to pay, to any county, borough, parochial, or other local rates or cesses, in respect of any land, houses, or buildings, or parts of houses, or buildings, belonging to any society instituted for purposes of science, literature, or the fine arts exclusively, either as tenant or as owner, and occupied by it for the transaction of its business, and for carrying into effect its purposes, provided that such society shall be supported wholly or in part by annual voluntary contributions, and shall not, and by its laws may not, make any dividend, gift, division, or bonus in money unto or between any of its meinbers, and provided also that such society shall obtain the certificate of the barristerat-law or lord advocate, as herein-after mentioned.

2. Such SOCIETIES TO CAUSE THREE COPIES OF THEIR RULES OF MANAGEMENT TO BE SUBMITTED TO THE BARRISTER OR PERSON APPOINTED TO CERTIFY THE RULES OF FRIENDLY SOCIETIES, WHO SHALL CERTIFY THEREON THAT SOCIETY IS ENTITLED TO EXEMPTION, OR STATE HIS GROUND FOR WITHHOLDING HIS CERTIFICATE-ONE CERTIFIED COPY TO BE RETURNED TO THE SOCIETY ; ONE TO BE RETAINED BY THE BARRISTER; AND THE THIRD TRANSMITTED TO THE CLERK OF THE PEACE, FOR CONFIRMATION AT SESSIONS, AND TO BE DEPOSITED.—Provided always, that before any society shall be entitled to the benefit of this Act such society shall cause three copies of all laws, rules, and regulations for the management thereof, signed by the president or other chief officer and three members of the council or committee of management and countersigned by the clerk or secretary of such society, to be submitted, in England, Wales, and Berwick-upon-Tweed to the barrister-at-law for the time being appointed to certify the rules of friendly societies there, and in Scotland to the lord advocate, or any depute appointed by him to certify

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