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Register to be in force till new Register established.
Burgh Registers under this Act to come in place of Registers established by
2&3 W. 4. c. 65.
Payments on claiming to be registered, &c. abolished.
Registration of Voters (Scotland).
thousand eight hundred and fifty-six ; provided further, that any merely clerical Error which may be found to exist in any such printed Book may be competently corrected at any Time by the Sheriff of the County on its being proved to him to exist; and such Correction shall be made by the Sheriff writing such Correction on such printed Book and signing his Name and the Date of such Correction against the same.
XXXI. Every Register of Voters established or that shall be established for any Burgh shall continue to be the Register for such Burgh until the same shall be revised, and a new Register shall be completed, pursuant to this Act.
XXXII. The Register of Voters in any Burgh as completed by the Court of Appeal in each Year shall, for all the Purposes of the Act passed in the Third and Fourth Years of King William the Fourth, Chapter Seventy-six, and for all other Purposes, come in place of the Register of Voters in such Burgh established by the first-recited Act; and so much of the said recited Act of the Third and Fourth William Fourth as enacts that the Town Clerk of each Burgh shall, on or before the Sixteenth of September in each Year, make up and complete the List or Roll of Persons entitled to vote in the Election of the Common Council of the Burgh, is hereby repealed, and the said List or Roll shall be made up and completed on or before the Thirty-first Day of October in all future Years.
XXXIII. All Provisions of the first-recited Act as to any Payments thereby required to be made in Burghs by any Persons claiming to be registered or to vote, or objecting to the Claims of Persons claiming to be registered or to vote for any Burgh, are hereby repealed.
XXXIV. The Distance of Seven Statute Miles in the firstto be measured. recited Act mentioned, and therein prescribed, as to the Residence of Voters for any Burgh, shall be understood to be the Distance of Seven Miles as measured in a straight Line on the Horizontal Plane from any Point from which such Distance is to be measured according to the Direction in that Behalf given in the said Act: Provided always, that in Cases where there is now or shall hereafter be a Map of any Burgh and of the Country surrounding the same, drawn or published under the Authority and Direction of the Principal Officers of Her Majesty's Ordnance, such Distance may be measured and determined by the said Map.
When a Sunday is last-named
Day, the Day
after to be the last Day.
XXXV. When any of the Days on which or before which any Acts and Proceedings are by this or the first-recited Act appointed to be transacted shall happen to.be a Sunday, then and in that Case the several Acts and Proceedings appointed to take place on or before such Day shall take place on or before the Day next ensuing.
XXXVI. Any Claim, Objection, Notice of Appeal, or other Writ may be signed, and any Proceedings under this Act may be prosecuted, by any Person as Agent or Mandatory for the Party thereto; and any Mandate bearing to be signed by such Party shall be prima facie a sufficient Mandate; and every such
Registration of Voters (Scotland).
Mandate shall have all the Privileges attaching to any Judicial
XXXVII. No written Pleadings shall in any Case be allowed No written in support of any Claim or Objection or Title to be registered; Pleadings to and it shall not be necessary for the Sheriff to make a Note of be allowed in Registration any Statement or Plea submitted to him in the Registration Court, Courts. but he shall make a Note of the Names of the Witnesses, and shall affix his Signature to any Deeds, Writings, or Documents produced in the Registration Court in support of any Claim, Objection, or Title to be registered; and it shall not be competent to adduce in the Appeal Court any Witnesses not named in said Note, or to produce any Deeds, Writings, or Documents to which the Signature of the Sheriff is not affixed.
XXXVIII. Any Person who shall wilfully refuse or neglect, when duly required by any Sheriff or Court of Appeal, to attend as a Witness or a Haver before such Sheriff or Court of Appeal at any Court to be holden under this or the first-recited Act, shall be liable to pay by way of Fine, for every such Offence, a Sum of Money not exceeding Five Pounds nor less than Twenty Shillings, to be imposed by and at the Discretion of such Sheriff or Court of Appeal.
Penalty on Persons not attending Registration Courts when required.
Sheriffs may award Costs, and Havers to be paid their
XXXIX. It shall be competent to every Sheriff, subject to the Review of the Appeal Court, and to every Appeal Court under this Act, to award Expenses against any Party maintaining any merely frivolous Objection to the Registration of any Voter, or to his Title to remain on the Register; and such Expenses may be Expenses. recovered in like Manner as any Expenses of Suit awarded by any Sheriff in an ordinary Action; and all Witnesses and Havers who may be cited as such, under the Provisions of this Act, shall have the same Title to demand from the Party citing them or causing them to be cited, as such Witnesses or Havers, their reasonable Expenses as any Witness or Haver cited as such to any ordinary Civil Court.
XL. Any Assessor who shall wilfully refuse or neglect to make Penalties on out any List, or who shall wilfully neglect to insert therein the Assessors and Name of any Person who shall have given due Notice of Claim, others for Negor who, in making out any List of Voters, shall wilfully and with lect of Duty. out any reasonable Cause, omit the Name of any Person duly qualified to be inserted in such List, or who shall wilfully, and without any reasonable Cause, insert in such List the Name of any Person not duly qualified, or who shall wilfully refuse or neglect to publish any Notice, or List, or Copy of any Register of Voters, at the Time and in the Manner required by this Act; and any Town Clerk who shall culpably neglect to print a correct Register of Voters pursuant to this Act, and any Assessor or Town Clerk who shall be wilfully guilty of any other Breach of Duty in the Execution of this Act, shall for every such Offence be liable to pay, by way of Fine, a Sum of Money not exceeding Five Pounds nor less than Twenty Shillings, to be imposed by and at the Discretion of the Sheriff or Court of Appeal: Provided always, that nothing herein contained as to any Fine as aforesaid shall affect or abridge any Right of Action against any Assessor or
Penalties to be
applied for the Purposes of this
Accounts to be
received under this Act.
Registration of Voters (Scotland).
other Person liable to any Fine as aforesaid, or any Liability such Assessor or other Person may incur under or by virtue of this or the first-recited Act.
XLI. Every Sheriff and Court of Appeal, when and so often as such Sheriff or Court of Appeal shall impose any such Fine as aforesaid, shall at the same Time in open Court, by an Order in Writing stating the Sum payable for such Fine, direct by and to whom and when the same shall be paid; and the Person to whom the said Sum shall be so ordered to be paid shall receive the same; and in every Case where the Offence for which such Fine shall have been imposed shall relate to the Formation of the Register of Voters for any Burgh, he shall pay over the Sum so received by him to the Assessor for the Purposes of this Act.
XLII. The Town Clerk of every Burgh shall keep an Account kept of Monies of all Monies received by him for or on account of the Sale of any Copies of the Register as aforesaid, or otherwise under this Act, and shall account for and pay over the same to the Assessor for the Purposes of this Act; and in like Manner every Assessor shall keep an Account of the Monies received by him from the Sale of any Lists or otherwise under this Act, and shall account for and pay over the same, for the Purposes of this Act, to the Assessor specially appointed as aforesaid.
Expenses of annual Regis
trations, how to be defrayed.
XLIII. As soon as may be after the Completion of each annual Registration under this Act, the Magistrates of each Burgh shall cause an Account to be made up of the Costs and Expenses attending such annual Registration in such Burgh, and shall ascertain and fix the just Amount thereof, including therein any Remuneration to Assessors and Town Clerks respectively, which they may deem proper; and shall also cause an Account to be made up of all Monies which shall have come to the Hands of the Assessor, or other Person under this Act, for the Purposes of this Act, and shall ascertain and fix the just Amount thereof; and where the Amount of the Costs and Expenses so ascertained and fixed shall exceed the Amount so ascertained and fixed of the Monies received for the Purposes of this Act, the said Magistrates shall cause the Amount of such Excess to be apportioned upon the Parishes within such Burgh, according to the yearly Rent or Value thereof, and the same shall be assessed and levied along with the Assessment for the Relief of the Poor for the current Year within such Parishes respectively, or they shall cause the Amount of such Excess, along with such reasonable Sum as they may deem necessary to meet the Expenses of Collection, to be assessed and levied and collected in some other of the Modes allowed by the said Act passed in the Seventeenth and Eighteenth Years of Her present Majesty, Chapter Ninety-one; and any Balance of Funds remaining on hand from Time to Time in any Burgh arising from such Assessment under this Act, in any One Year, after answering the Expenses of the Year with reference to which such Assessment was imposed, may be retained and applied by the Magistrates thereof, in such Manner as they may deem fit, for defraying the Expenses of Registrations under this Act in subsequent Years, but for no other Uses or Purposes
Registration of Voters (Scotland).
whatever: Provided always, that no Burgh shall be liable under this Act for any Expenses heretofore defrayed in Exchequer, or which, under the Provisions of this Act, may come in lieu of such Expenses.
XLIV. At every future Election for a Member or Members to Register to be serve in Parliament for any Burgh or District of Burghs, the conclusive EviRegister of Voters so made as aforesaid or under the said recited dence of QualiAct, shall be deemed and taken to be conclusive Evidence that the Persons therein named continue to have the Qualifications which are annexed to their Names respectively in the Register in force at such Election, and such Persons shall not be required to take the Oath of Possession.
XLV. Every Sheriff, Town Clerk, Assessor, or other Person or Penalty on PerPublic Officer required by this Act to do any Matter or Thing, sons wilfully shall, for every wilful Contravention or wilful Act of Commission contravening or Omission contrary to this Act, forfeit to any Party aggrieved the penal Sum of One hundred Pounds, or such less Sum as the Jury before whom may be tried any Action to be brought for the Recovery of the before-mentioned Sum shall consider just to be paid to such Party, to be recovered by such Party, with full Expenses of Process, by Action for Debt before the Court of Session: Provided always, that nothing herein contained shall be construed to supersede any Remedy or Action against any Returning Officer, according to any Law now in force.
XLVI. No Misnomer or inaccurate or defective Description of Misnomer not any Person, Place, or Thing named or described in any Schedule to vitiate. to this Act annexed, or in any List or Register of Voters, or in any Notice required by this Act, shall in any way prevent or abridge the Operation of this Act with respect to such Person, Place, or Thing; provided that such Person, Place, or Thing shall be so denominated in such Schedule, List, Register, or Notice, as to be commonly understood; and it shall be lawful to any Sheriff, in his Registration Court, or to any Court of Appeal, if it shall appear to him or to such Court that there has been no wilful Purpose to mislead or deceive, or that such Misnomer or inaccurate or defective Description was not such as to mislead or deceive, to allow any verbal, clerical, or casual Error in any such Schedule, List, Register, or Notice to be corrected or supplied.
XLVII. It shall be in the Power of the Sheriff Principal of Sheriff Prineach County, or of the Sheriffs constituting any Court of Appeal cipal or Sheriffs under the said first-recited Act, with Consent of the Lord Advo- to issue Regucate, to issue any Regulations he or they shall find necessary in lations for order to carry this Act into effect during this present Year carrying Act Eighteen hundred and fifty-six ; and in case any Claims or Objections with reference to any Burgh shall be given in during this present Year in Terms of the said first-recited Act, the same shall be transmitted by the Town Clerk to the Assessor, and in so far as not given Effect to by him shall be included in the List of Claimants and of Persons objected to respectively to be published in Terms of this Act, and any Notices given in Terms of the said first-recited Act prior to the passing of this Act, which in conse19 & 20 VICT.
Interpretation of Terms.
17 & 18 Vict. c. 91.
Registration of Voters (Scotland).
quence thereof are unnecessary or inconsistent with the Provisions of this Act, shall be of no Effect.
XLVIII. The following Words and Expressions, when used in this Act, shall, in the Construction thereof, be interpreted as follows, except when the Nature of the Provision or the Context shall exclude or be repugnant to the said Construction; (that is to say,) the Expression "the Assessor" shall mean the Assessor of the Burgh in and for which he is Assessor, appointed under the aforesaid Act of the Seventeenth and Eighteenth Years of Her present Majesty, being also the Assessor specially appointed in Terms of this Act, where such last-mentioned Appointment has been made; the Word "Assessors" shall mean the Assessor or Assessors appointed under the said last-mentioned Act of the Burgh in and for which such Assessor or Assessors act, whether specially appointed under this Act or not; the Word "Burgh” shall extend to and include any City, Burgh, or Town entitled as such by the first-recited Act to send or to contribute to send a Member or Members to serve in Parliament, and as the same is limited and bounded by the said first-recited Act; the Word "Magistrates" shall include Magistrates and Council; the Words "Oath of Possession" shall mean and include the Words, "That I am still Proprietor (or Occupant) of the Property for which I am so registered, and hold the same for my own Benefit and not in trust for or at the Pleasure of any other Person;" the Words "Town Clerk" shall extend and apply to any Person executing the Duties of such Town Clerk, or if in any Burgh there shall be no such Officer as Town Clerk, then to any Officer executing the same or the like Duties as usually devolve upon the Town Clerk, or if in any Burgh there be no such Person, then to such Person as the Sheriff of the County in which such Burgh is situate may appoint for that Purpose, which he is hereby authorized to do.
SCHEDULES to which the foregoing Act refers.
The List of Persons entitled to vote in the Election of a Member (or Members) for the Burgh of
First Polling District.
Christian Name and
Surname of each
Occupation. Place of Abode.
Nature of Qualification.