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CHAPTER 27. An Act to amend the Supreme Court of Judicature Act (Ireland), 1877.

[22d July 1878.] 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: Constitution of 1. Her Majesty may include in any commission of assize, and commissions of

oyer and terminer, and gaol delivery in Ireland, any judge of the
High Court of Justice in Ireland; provided that no judge of the
Chancery or Probate Divisions appointed before the first day of
January one thousand eight hundred and seventy-five shall be so

included without his own consent. Short title. 2. This Act may be cited as the Supreme Court of Judicature

Act (Ireland), 1877, Amendment Act, 1878.

assize.

c. 61.

CHAPTER 28.
An Act to further amend the Law of Entail in Scotland.

[22d July 1878.]
is
in Scotland: Be it therefore 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: Obligations to

1. All obligations undertaken, whether prior or subsequent to tenants for im- the passing of this Act, by an institute or heir in possession of an provements to entailed estate in Scotland, in any lease granted by him as proprietor devolve on the heir, to the of such estate, or in any agreement with reference to such lease, relief of the for the execution by the proprietor, or with reference to the execuexecutor.

tion by the tenant, of any improvements of the description contained 38 & 39 Vict. in the third section of the Entail Amendment (Scotland) Act, 1875,

shall, in case of his death after the passing of this Act, and before complete fulfilment of such obligations, and to the extent to which, if he had himself made and paid for said improvements and had survived till payment is actually made, he would have been entitled to charge them upon the estate (if the estate had been an entailed estate under the said Act), devolve upon the beirs succeeding to the estate after him, who shall in their order be bound to relieve his executors, or other personal representatives, of such obligations, so far as unfulfilled, and to repay to such executors, or other personal representatives, any sums of money which they may be called upon to pay and may have paid in virtue of such obligations: Provided that this enactment shall not apply to any case in which the granter of the obligation has in express terms, either in the obligation itself or in any separate writing, declared his intention to impose the obligation upon his executors to the

relief of his heirs of entail. Liabilities 2. The heirs succeeding to such institute or heir in possession as under other aforesaid shall in like manner as above provided be bound, unless contracts for improvements

otherwise expressly directed by him, to relieve to the extent aforesaid his executors, or other personal representatives, of all liabilities to devolve on which he may have undertaken in any contracts or agreements for heir. or with reference to the execution of improvements of the description aforesaid on the mansion-house and offices of the entailed estate, or any other parts of the estate not under lease, and to repay to the extent aforesaid to such executors or other personal representatives any sums of money which they may be called upon to pay and may have paid in virtue of such contracts or agreements.

3. The provisions of the seventh, eighth, ninth, tenth, and eleventh Part of sections of the Entail Amendment (Scotland) Act, 1875, shall be 38 & 39 Vict, applicable to entailed estates in Scotland holden under tailzies to entails dated dated on or after the first day of August one thousand eight on or after hundred and forty-eight, subject to the provision following ; (that 1 Aug. 1848. is to say,)

The provisions of the seventh and eighth sections of the said Act shall be applicable only in regard to improvements executed after the date of the application to the Court in terms of the said Act.

4. The provisions of the seventh, eighth, and eleventh sections Part of of the Entail Amendment (Scotland) Act, 1875, as amended by this 38 & 39 Vict. Act, shall be applicable to moneys paid by an institute or heir of to expenditure entail under the provisions of this Act in respect of improvements under this Act. on the entailed estate.

5. This Act shall be read and construed as one with the Entail Construction Amendment (Scotland) Act, 1875.

6. This Act may be cited for all purposes as the Entail Amend- Short title. ment (Scotland) Act, 1878.

of Act.

CHAPTER 29.
An Act for conferring powers upon the Metropolitan Board

of Works with respect to the Obelisk known as Cleopa-
tra's Needle, and other Monuments. [22d July 1878.]

the , Albert, and Chelsea Embankments, and other lands, are vested in the Metropolitan Board of Works, and subject to their control and management for the benefit of the public:

And whereas it would be to the advantage of the Metropolis that facilities should be afforded for the maintenance of the obelisk known by the name of Cleopatra's Needle upon the Victoria Embankment, and that other powers should be conferred as in this Act provided with respect to the preservation of monuments, statues, and other works of art from time to time upon any of the said embankments and lands:

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:

1. This Act may be cited as the Monuments (Metropolis) Act, Short title of 1878.

2. In this Act the following terms shall have the meanings Interpretation. herein-after assigned to them.

Act.

The terın “ the Board ” shall mean the Metropolitan Board of Works:

The term “the obelisk” shall mean the obelisk known as Cleopatra’s Needle:

The term “monument” shall include any monument, statue, or

other work. Obelisk placed 3. When the obelisk has been erected on the Victoria Embank. under care of

ment, the same shall thereupon be under the care and control of the Board.

the Board, and the Board shall preserve and maintain the same for the benefit of the public, and the Board may erect in connexion

therewith any appropriate works of art. Penalties for

4. Any person who injures or disfigures the obelisk, or any monuinjuring obelisk or monuments. ment erected or to be erected on any of the said embankments or

lands, or who posts any bill or placard, or who writes, cuts, prints, draws, or marks in any manner any word or character, or any representation of any object, on the obelisk or such monument, shall for

every such offence forfeit and pay to the Board a penalty not ex18 & 19 Vict. ceeding five pounds, to be recovered in the manner provided by

the Metropolis Management Act, 1855, and the Acts amending the same, with respect to the recovery of penalties by summary pro

ceedings. Expenses of

5. All expenses incurred by the Board in respect of this Act, and execution of

in execution by them of this Act, shall be deemed to be expenses incurred by them in the execution of the Metropolis Management Act, 1855, and shall be raised and paid accordingly.

c. 120.

Act.

CHAPTER 30.
An Act to alter the time of electing Commissioners under

the General Police and Improvement (Scotland) Act,
1862.

[22d July 1878.] BE E 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:

1. This Act may be cited as the General Police and Improvement (Scotland) Amendment Act, 1878, and shall be construed as one with the General Police and Improvement (Scotland) Act, 1862, and

any Acts amending the same. Repeal of ss. 50 2. Sections fifty and fifty-one of the principal Act are hereby

repealed, and in lieu thereof the provisions contained in the two 2:4126 Vict. following sections of this Act shall have effect in regard to the

election and rotation of Commissioners under the principal Act.

3. One third of the Commissioners, or where the burgh is divided Commissioners

into wards one third of the Commissioners for each ward, shall, to be elected annually. save as herein-after provided, go annually out of office on the first

Tuesday of November in each year, and on the first Tuesday of November annually the places of the Commissioners going out of office shall be supplied by an equal number of new Commissioners

, to be elected from among the householders of the burgh under all the rules, regulations, and provisions now in force applicable to a

Short title and
construction of
Act.
25 & 26 Vict.
c. 101.

and 51 of

One third of

first election under the principal Act, and the like notice of such annual election shall be given as is in the principal Act directed to be given of such first election of Commissioners: Provided always, that where the first election of Commissioners under the principal Act shall take place on or after the first day of May in any year no Commissioner shall go out of office and no second election of Commissioners shall take place until the first Tuesday of November in the year succeeding that in which the first election took place : Provided also, that no Commissioner or magistrate of police in office at the passing of this Act shall go out of office until the first Tuesday of November following:

4. The third of the Commissioners who shall go out of office at Rotation of the second election of Commissioners under the principal Act as

Commis

sioners, amended by this Act shall consist of the Commissioners who at the first election under the principal Act had the smallest number of votes, and where the burgh is divided into wards of the Commissioners who at the said first election in each ward had the smallest number of votes in such ward ; and the Commissioners who shall go out of office at the third election of Commissioners under the principal Act as amended by this Act shall consist of the Commissioners who at the first election had the next smallest number of votes, and where the burgh is divided into wards of the Commissioners who at the said first election in each ward had the next smallest number of votes in such ward ; and thereafter the third of the Commissioners who shall annually go out of office shall consist of the Commissioners who have been longest in office : Provided always, that in any case where Commissioners shall have been elected without a poll or where there shall have been an equality of votes the Commissioners shall decide at a meeting convened for the purpose which Commissioners elected without a poll or having an equality of votes shall go out of office : Provided also, that the senior magistrate of police shall always remain in office for three years after his election as such senior magistrate, and for that purpose he shall be held to have had the largest number of votes at the said first election, and to have been the shortest period in office at all elections subsequent to the third election under the principal Act as amended by this Act.

CHAPTER 31.
An Act to consolidate and amend the Law for preventing

Frauds upon Creditors by secret Bills of Sale of Personal
Chattels.

[22d July 1878.] WHEREAS it is expedient to consolidate and amend the law

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:

1. This Act may be cited for all purposes as the Bills of Sale Act, Short title. 1878.

[No. 16. Price 2d.]

Q

Commencement.

Application of Act.

Interpretation of terms.

2. This Act shall come into operation on the first day of January one thousand eight hundred and seventy-nine, which day is in this Act referred to as the commencement of this Act.

3. This Act shall apply to every bill of sale executed on or after the first day of January one thousand eight hundred and seventynine (whether the same be absolute, or subject or not subject to any trust) whereby the holder or grantee has power, either with or without notice, and either immediately or at any future time, to seize or take possession of any personal chattels comprised in or made subject to such bill of sale.

4. In this Act the following words and expressions shall hare the meanings in this section assigned to them respectively, unless there be something in the subject or context repugnant to such construction ; (that is to say,) The expression “bill of sale” shall include bills of sale, assign

ments, transfers, declarations of trust without transfer, inventories of goods with receipt thereto attached, or receipts for purchase moneys of goods, and other assurances of personal chattels, and also powers of attorney, authorities, or licenses to take possession of personal chattels as security for any debt, and also any agreement, whether intended or not to be followed by the execution of any cther instrument, by which a right in equity to any personal chatiels, or to any charge or security thereon, shall be conferred, but shall not include the following documents ; that is to say, assignments for the benefit of the creditors of the person making or giving the same, marriage settlements, transfers or assignments of any ship or vessel or any share thereof, transfers of goods in the ordinary course of business of any trade or calling, bills of sale of goods in foreign parts or at sea, bills of lading, India warrants, warehousekeepers certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of such document to transfer or receive goods

thereby represented : The expression “personal chattels” shall mean goods, furniture,

and other articles capable of complete transfer by delivery, and (when separately assigned or charged) fixtures and growing crops, but shall not include chattel interests in real estate, nor fixtures (except trade machinery as herein-after defined), when assigned together with a freehold or leasehold interest in any land or building to which they are affixed, nor growing crops when assigned together with any interest in the land on whi they grow, nor shares or interests in the stock, funds, or securities of any government, or in the capital or property of incorporated or joint stock companies, nor choses in action, nor any stock or produce upon any farm or lands which by virtue of any covenant or agreement or of the custom of the country ought not to be removed from any farm where the

same are at the time of making or giving of such bill of sale: Personal chattels shall be deemed to be in the "apparent pos

session" of the person making or giving a bill of sale, so long

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