SCHEDULE (F.)

Form of Execution of Summons or Petition.

Sect. 9.

This summons [or petition] executed [or served] by me [insert name] sheriff officer, against [or upon] [insert name or names] defender, [or defenders, or respondent, or respondents], [state whether personally or otherwise], in presence of [insert name and designation of witness], this eighteen hundred and

day of

C.D. [design him]. You are hereby cited to attend in the Sheriff Court of the county of

on

o'clock, within

the

day of

at

to give evidence for the pursuer [or defender] in the action at the instance of A. [design him], pursuer, against B. [design him], defender, and that under the penalty of forty shillings sterling if you fail to attend. [If a haver, say,] And you are required to bring with you [specify documents required]. Dated this day of

Upon the

E.F., Sheriff officer.

Execution against Witnesses and Havers.
day of
I duly cited C.D. [design him] to
the

at

on

attend in the Sheriff Court of the county of day of give evidence for the pursuer [or defender], in the action at the instance of A. [design him], pursuer, against B. [design him], defender. [If a haver, say,] And I also required him to bring with him [specify documents]. This I did by delivering a just copy of citation to the above effect, signed by me, to the said C.D. personally [or otherwise as the case may be].

You are required to remove from the farm of [insert name by which usually known], at the term of next, as to the houses and grass, and at the separation of the crop from the ground as to the arable land [or as the case may be], in terms of the lease thereof [or in terms of your letter of removal], dated

notice to remove, in terms of this lease [or letter of removal] at next [according to the terms of the notice], was, in presence of L.M. [design him], subscribing witness, given by me to G.H., the tenant, by delivering such notice to him personally [or by leaving such notice at his ordinary dwelling house at or by transmitting such notice to him through the Post Office to his known address, as follows: (insert address to which notice sent)].

SCHEDULE (K.)

Letter of Removal.

Sect. 31.

[Place and date.]

SIR,-I am to remove from the farm of [insert name by which usually known], at the term of eighteen hundred and as to the houses and grass, and at the separation of the crop from the ground as to the arable land [or as the case may be].

I am,

Your obedient servant,
[Signed by the tenant.]

[Address.]

Note. If this letter is not holograph of the granter of it, it must be attested by one witness, thus,—

L.M., Witness.

[Sched. (L.) rep. 55 & 56 Vict. c. 19 (S.L.R.).]

CHAPTER LXXXV.

THE PRIVY COUNCIL REGISTRAR ACT, 1853 (Short Titles Act, 1896).

AN ACT for removing Doubts as to the Powers of the Registrar of Her Majesty's Privy Council to administer Oaths, and for providing for the Performance of the Duties of such Registrar in his Absence. [20th August 1853.]

[Preamble recites 3 & 4 Will. 4, c. 41.]

1. Registrar, &c. MAY EXAMINE WITNESSES UPON OATH, &c.—It shall be lawful for the registrar for the time being of her Majesty's Privy Council appointed under the said Act, or such other person or persons as shall be appointed for this purpose by her Majesty in Council or by the said Judicial Committee, to examine witnesses and take affidavits and depositions upon oath in all appeals, causes, and matters whatsoever pending before her Majesty in Council or before the said Judicial Committee, and to administer oaths accordingly.

2. PRESIDENT OF THE COUNCIL MAY APPOINT PERSON TO ACT FOR REGISTRAR IN HIS ABSENCE.—In case of the absence of the said registrar it shall be lawful for the President of her Majesty's Privy Council to appoint a person to act for the said registrar during such absence; and such person while so acting shall have the same powers in all respects as are vested in the said registrar.

3. SAVING OF EXISTING POWERS.-Nothing herein contained shall be taken to affect the power of her Majesty under the said Act or otherwise, to direct or limit the duties to be performed by the said registrar, or any other authority which might have been exercised by her Majesty or by her Privy Council or the said Judicial Committee in case this Act had not been passed.

CHAPTER LXXXIX.

THE UNIVERSITIES (SCOTLAND) ACT, 1853 (Short Titles Act, 1896).

AN ACT to regulate the Admission of Professors to the Lay Chairs in the Universities of Scotland. [20th August 1853.]

1. PROFESSORS, &C. NOT REQUIRED TO SUBSCRIBE CONFESSION OF FAITH.-It shall not be necessary for any person who shall have been or shall be elected, presented, or provided to the office of professor, regent, master, or other office in any of the universities or colleges in Scotland, such office not being that of principal or a chair of

theology, to make and subscribe the acknowledgment or declaration mentioned in an Act passed in the fourth session of the first Parliament held in Scotland by her Majesty Queen Anne, intituled "Act for securing the Protestant religion and Presbyterian "Church government."

[Ss. 2, 4, 5 rep. 52 & 53 Vict. c. 55, s. 17. S. 3 rep. 41 & 42 Vict. c. 79 (S.L.R.).]

6. INTERPRETATION.-The words "chair of theology" shall for the purposes of this Act mean the chairs of divinity, church history, or Biblical criticism, and Hebrew, in any of the said universities or colleges.

S. 6 in part rep. 57 & 58 Vict. c. 56 (S.L.R.).

[S. 7 rep. 55 & 56 Vict. c. 19 (S.L.R.).]

CHAPTER XC.

THE LAND TAX REDEMPTION (INVESTMENT) ACT, 1853 (Short Titles Act, 1896).

AN ACT . . to amend the Laws relating to the Application of the Monies arising from the Redemption and Purchase of the Land Tax.

Title in part rep. 55 & 56 Vict. c. 19 (S. L. R.).

[Preamble.]

[20th August 1853.]

[Whole Act except s. 8 rep. 32 & 33 Vict. c. 14, s. 39.]

8. APPLICATION OF MONIES ARISING FROM LAND TAX REDEMPTION. -It shall be lawful for the Commissioners for the Reduction of the National Debt from time to time to lay out the monies arising from the redemption or purchase of the land tax under any Act or Acts in force in that behalf in the purchase and cancelling of any parliamentary stocks or annuities chargeable upon and payable out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

CHAPTER XCI.

THE INCOME TAX (INSURANCE) ACT, 1853 (Short Titles Act, 1896).

AN ACT to extend for a limited Time the Provision for Abatement of Income Tax in respect of Insurances on Lives.1 [20th August 1853.]

1 This Act which by s. 2 was of temporary duration is continued by the annual Acts imposing the Income Tax. See also 53 & 54 Vict. c. 8, s. 30.

Whereas by the Income Tax Act, 1853, (section fifty-four,) provision is made for deduction, abatement, allowance, or repayment in favour of any person (assessed or charged with the duties therein mentioned) who should have made insurance on his life, or on the life of his wife, or should have contracted for any deferred annuity on his own life, or on the life of his wife, in or with any insurance company which should become registered under any Act to be passed in the present session of Parliament for that purpose, and which should comply with the requirements of such Act (in respect of the annual premiums paid by him for such insurance or contract);

Preamble in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

1. INSURANCE OFFICES IN WHICH INSURANCES ON LIVES MAY BE EFFECTED IN ORDER TO GIVE A RIGHT TO ABATEMENT OF INCOME TAX.-Any person who shall have made any such insurance or contracted for any such deferred annuity as in the said provision mentioned, in or with any insurance company existing on the first day of November one thousand eight hundred and forty-four, or in or with any insurance company registered pursuant to the Act of the session holden in the seventh and eighth years of her

Majesty (chapter one hundred and ten), "for the registration incorporation, and regula"tion of joint stock companies," shall be entitled to all the benefits and advantages which by the said provision are expressed to be given in respect of the like insurance or contract in or with any insurance company which shall become registered under any Act to be passed in the present session of Parliament for that purpose.

17 & 8 Vict. c. 110 is rep. 25 & 26 Vict. c. 89, s. 205.

[S. 2 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

CHAPTER XCIII.

THE BURGH HARBOURS (SCOTLAND) ACT, 1853. (Sect. 3.)

AN ACT to enable Burghs in Scotland to maintain and improve their Harbours.

[Preamble.]

[20th August 1853.]

1. ADOPTION OF ACT IN BURGHS.-This Act may be adopted and applied in manner hereinafter provided in any royal burgh in Scotland possessing a harbour which at the time of passing this Act is not under the regulation of any local Act of Parliament.

2. INTERPRETATION.-The following words and expressions in this Act shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say:

The word "burgh" shall mean any royal burgh in Scotland possessing a harbour which is not under the regulations of any local Act of Parliament:

The word "harbour" shall mean the harbour of any such burgh, and shall extend to and include the whole limits assigned to such harbour by the charter of such burgh, or by any law, statute, or usage, and all docks, piers, quays, yards, works, buildings, creeks, and anchorages within such limits:

The expression "town council" shall mean the provost, magistrates, and councillors, or the magistrates and councillors, as the case may be, of any such burgh for the time being:

The words "treasurer" and "town clerk" shall mean the treasurer and town clerk respectively of any such burgh for the time being:

The expression "improvement" shall mean deepening, lighting, buoying, other work approved by the Admiralty.

S. 2 in part rep. 55 & 56 Vict. c. 19 (S. L.R.).

or any

3. SHORT TITLE.-In citing this Act in other Acts of Parliament, and in legal instruments, deeds, and proceedings, it shall be sufficient to use the expression "The "Burgh Harbours (Scotland) Act, 1853."

4. 8 & 9 VICT. c. 19 INCORPORATED WITH THIS ACT.-In so far as not inconsistent with or not otherwise provided or not altered or varied by this Act, the Lands Clauses Consolidation (Scotland) Act, 1845, shall be incorporated with and form part of this Act: Provided always, that nothing in the said Lands Clauses Consolidation Act, or in this Act, contained shall authorize any town council to purchase or take lands for the purposes of this Act otherwise than by agreement.

5. 10 & 11 VICT. c. 27 INCORPORATED WITH THIS ACT.-In so far as not inconsistent with or not otherwise provided or not altered and varied by this Act, the Harbours, Docks, and Piers Clauses Act, 1847, shall be incorporated with and form part of this Act: Provided always, that nothing in the said Harbours, Docks, and Piers Clauses Act contained shall extend or be construed to extend to compel any town council to erect and keep any watchhouse, boathouse, hut, or weighing materials for the use of the officers of revenue, or to provide or keep a life boat, mortar, or rockets, or a tide or weather gauge and barometer, until they shall be required so to do by the Admiralty, in writing under the hand of the Secretary of the Admiralty; and upon such requisition being made, the clauses relating thereto contained in the said Harbours, Docks, and Piers Clauses Act shall as regards this Act, come into and be in full force.

6. INTERPRETATION OF EXPRESSIONS IN THE ACTS INCORPORATED HEREWITH-18 & 19 VICT. C. 19-10 & 11 VICT. c. 27.-The expression "the special Act," used in the said Lands Clauses Consolidation Act, and in the said Harbours, Docks, and Piers Clauses Act, shall be construed to mean and include this Act; and the expression "the pro"moters of the undertaking," used in the said Lands Clauses Consolidation Act, and the expression "the undertakers," used in the said Harbours, Docks, and Piers Clauses Act, shall severally mean the town council of any burgh in which this Act is adopted as herein-after provided.

7. RESOLUTION OF TOWN COUNCIL FOR ADOPTION OF THIS ACT.-It shall be lawful for the town council of any burgh, by a majority of the members of the council who are present at a meeting specially called for that purpose, to resolve that this Act shall be adopted in and applied to the burgh, and to appoint a day, not earlier than the third and not later than the thirtieth lawful day after the completion of the then next ensuing annual election of councillors for the burgh, for holding a second special meeting of the town council to resume consideration of such resolution; and a copy of the minute of the town council containing such resolution and appointment, shall be inserted once in each newspaper published in the burgh one month at least before such next annual election; and if there be no newspaper published therein, a copy of such minute shall be delivered or transmitted through the Post Office to each municipal elector of the burgh, and to the sheriff clerk and clerk of the peace of the county within which such burgh is situated, and shall be inserted once in a newspaper published in such county, or in an adjoining county, one month at least before such next annual election.

8. IF RESOLUTION BE APPROVED OF THIS ACT TO BE ADOPTED, AND Minute to be REGISTERED IN SHERIFF COURT BOOKS, &c.-It shall be lawful for the town council, at such second special meeting, or at any adjourned special meeting (of which adjourned meeting four days notice in writing shall be given to each member of the council), on resuming consideration of such resolution, either to approve or disapprove of the same; and if such resolution shall be approved of by a majority of two thirds at least of the members of the council who are present at such special meeting or at such adjourned meeting, this Act shall thereupon be held as adopted in the burgh; and a copy of the minute of the meeting at which such resolution shall be so approved of shall, within fourteen days thereafter, or within fourteen days after the dismissal of the appeal against the said resolution herein-after provided for, be registered in the Sheriff Court books of the county in which the burgh is situated; and another copy of the said minute shall be within the like period of fourteen days transmitted to the office of the Secretary to the Admiralty; and the provisions of this Act shall be in force in respect to the burgh and the harbour thereof from and after such registration and transmission, the date of which or of the last of which shall be held as the date of the adoption of this Act.

9. APPEAL TO THE BOARD OF TRADE.-It shall be lawful for any five or more municipal electors, shipowners, or traders within such burgh, or for any ten or more registered electors of the county within which such burgh is situated, who may be dissatisfied with the said second resolution of the town council resolving that this Act shall be adopted in and applied to the burgh, to appeal to the Board of Trade against the said resolution; and the Board of Trade shall, as soon as conveniently may be, after making such investigation as to the board shall seem fit, determine whether this Act shall be adopted in and applied to the said burgh or not; provided that notice of said appeal, signed by the said appellants, shall be lodged with the town clerk of said burgh within seven days after the resolution of the said town council.

[S. 10 enabling burghs to adopt this Act before the period of election of councillors in 1853, by resolution approved at a public meeting of the municipal electors, rep. 38 & 39 Vict. c. 66 (S.L.R.).]

11. IF ACT BE Not adopted, Two YEARS TO ELAPSE BEFORE CONSIDERATION IS AGAIN HAD. If at such second special meeting or adjourned meeting of council, or at such public meeting of municipal electors, the resolution to adopt this Act shall not be approved of, the town council may, after the expiration of two years from the date of such first special meeting, but not sooner, by such and the like meetings, notices, and proceedings as are herein-before mentioned, again take this Act into consideration, and adopt or determine not to adopt the same, and so on from time to time thereafter.