be deemed and taken to be promoters of an undertaking within the meaning of the Lands Clauses Consolidation Act, 1845, and all the powers and provisions of the lastmentioned Act may, if necessary, be treated as if they had been contained in the Defence Act, 1842, for the purpose of being used or made available by the said principal officers for the time being: Provided always, that nothing herein contained shall prejudice or affect the powers and authorities of the principal officers of her Majesty's Ordnance for the time being under the last-mentioned statute.

2. POWERS OF VALUER APPOINTED UNDER INCLOSURE ACTS TO CEASE ON PURCHASE OF COMMON RIGHTS BY OFFICERS OF Ordnance, &c.—And in case the said principal officers of her Majesty's Board of Ordnance shall have purchased or shall hereafter purchase any land, and the common, commonable, and other rights in and over the same, and a valuer shall have been appointed in the matter of any inclosure proceeding in respect of such lands under the provisions of "The Acts for the Inclosure, Exchange, and Improve"ment of Land," the duties and powers of such valuer in relation to the land so purchased shall, upon payment of the purchase money for such common, commonable, and other rights over the same, cease and determine, and the Inclosure Commissioners for England and Wales shall, by an order under their seal, award such amount of compensation to such valuer as they shall deem just to be paid by the said principal officers; and such valuer shall be bound to accept the same as a full compensation for his services in the matter of the said inclosure, so far as respects the land and common, commonable, and other rights so purchased.

3. PURCHASES MAY BE MADE UNDER ANY ACT OF PARLIAMENT, ALTHOUGH INCLOSURE PROCEEDINGS ARE PENDING.-Any purchase of the soil of any lands, or of any common, commonable, or other rights in or over the same, which shall be made under the provisions of any Act of Parliament, shall be valid in law to all intents and purposes, although at the time of such purchase proceedings for an inclosure of such lands were or shall be proceeding.

CHAPTER LXXIII.

THE BANKERS (SCOTLAND) ACT, 1854 (Short Titles Act, 1896).

AN ACT to amend the Acts for the Regulation of Joint Stock Banks in Scotland. [31st July 1854.]

[Preamble recites 7 & 8 Vict. c. 113; 9 & 10 Vict. c. 75.]

1. NO CLAUSE DIRECTED TO BE INSERTED IN PARTNERSHIP Deed of ANY JOINT STOCK BANKING COMPANY IN SCOTLAND SHALL AFFECT THE COMPANY'S COMMON LAW RIGHT OF RETENTION OR LIEN OVER SHARES OF PARTNERS IN RESPECT OF DEBTS, &c.-No clause directed by the said Acts to be inserted in the deed of partnership of any joint stock banking company in Scotland to be executed previous to such company being incorporated under the recited Acts shall take away or impair the right of retention or lien which, in virtue of the common law of Scotland, such company has or may be entitled to exercise over the shares of its partners, for or in respect of any debt or liability incurred or obligation undertaken by them to the company.

2. COMPANY TO SELL SHARES ACQUIRED IN VIRTUE OF RIGHT OF LIEN, &C. AND TO ACCOUNT FOR BALANCE OF PRICE.-Provided, that as often as the company may in virtue of the right of lien or retention acquire any shares in the company's stock, they shall be bound to sell the same within six months after the same shall have been so acquired, and in such manner as is by the said first-recited Act provided for the sale of forfeited shares;1 and the company shall be bound to account to the party or parties interested in such shares, or to their creditors, or heirs or executors, for the balance of the price or prices which may have been realized by such sale, after paying the debt due to the company, and the expenses incurred by them in securing their debt and selling the shares.

1 By 7 & 8 Vict. c. 113, s. 39, which is rep. 25 & 26 Vict. c. 89, s. 205, it is provided, that the directors shall sell forfeited shares, "either by public auction or private contract, within six calendar "months next after the confirmation of the forfeiture, and if there be more than one such forfeited "share, then either separately or together, as to them shall seem fit; and any shareholder may purchase any forfeited share so sold."

3. DEED OF PARTNERSHIP TO CONTAIN PROVISIONS AS TO THE COMPANY'S NOTES.In such deed of partnership there shall be inserted provisions regulating the manner in which bills of exchange or promissory notes of the company may be made, accepted, or endorsed; and it shall not be necessary that such bills of exchange or promissory notes be signed in the manner prescribed by the first-recited Act.

CHAPTER LXXX.

THE REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES (SCOTLAND) ACT, 1854 (Short Titles Act, 1896).

AN ACT to provide for the better Registration of Births, Deaths, and Marriages in Scotland.1 [7th August 1854.]

1 The powers and duties of a Secretary of State under this Act are transferred to the Secretary for Scotland, 48 & 49 Vict. c. 61, s. 5.

[Preamble.]

1. SAVING OF EXISTING REGISTERS.All existing registers of births, deaths, and marriages, including all such entries as may be made as aforesaid, and all extracts and certificates from such registers, shall be and remain of the same legal force and effect in all respects as if this Act had not been passed.

S. 1 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

2. HER MAJESTY MAY PROVIDE A GENERAL REGISTRY OFFICE IN EDINBURGH.-It shall be lawful for her Majesty to provide a proper office in the General Register House at Edinburgh, to be called "The General Registry Office of Births, Deaths, and Marriages," in which shall be kept and preserved a register of all births, deaths and marriages in Scotland.

S. 2 in part rep. 23 & 24 Vict. c. 85, s. 4, and 55 & 56 Vict. c. 19 (S.L.R.).

3. APPOINTMENT OF SECRETARY.-It shall be lawful for the Registrar General, with the approbation of the Treasury, to appoint a secretary, who may act in his absence with all the powers and in the discharge of all the duties hereby given to or imposed upon the Registrar General;

S. 3 in part rep. 23 & 24 Vict. c. 85, s. 4.

4. APPOINTMENT, &C. OF CLERKS AND OTHER OFFICERS.-It shall be lawful for the Registrar General, with the approbation of the Treasury, to appoint such clerks, officers, and servants as shall be deemed necessary to carry on the business of the General Registry Office, and at pleasure, with the like approbation, to remove them or any of them.

S. 4 in part rep. 55 & 56 Vict. c. 19 (S. L. R.).

5. PAYMENT OF EXPENSES OF GENERAL REGISTRY OFFICE, &c.— All the expenses of the General Registry Office, including the expenses of clerks, officers, and servants, and of books and stationery, and of making and copying indexes and inventories, and in relation to sessional registers or private burial registers, and all expenses incurred from time to time in the publication and transmission of notices in pursuance of this Act, or otherwise, under the directions and by the authority of the Registrar General, or of the sheriff, and all other expenses connected with the business of the said office not herein otherwise provided for, shall be paid by the Treasury out of any monies to be hereafter voted by Parliament for that purpose.

S. 5 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

6. REGULATIONS FOR MANAGement of Office AND DUTIES OF OFFICERS-One of her Majesty's Principal Secretaries of State, or the Registrar General with the approbation of such Principal Secretary, shall and may from time to time make regulations for the management of the General Registry office, and for the discharge of the duties of the Registrar General, clerks, officers, and servants of the said office, and of the registrars and assistant registrars herein mentioned, so that such regulations be not contrary to the provisions of this Act; and the regulations so made and approved shall be binding on

the Registrar General and secretary, and the clerks, officers, and servants, and on the registrars and assistant registrars; and a copy of all such regulations shall be laid before both Houses of Parliament within six weeks after the same are approved of, or, if Parliament shall not be then sitting, within one month after the commencement of the next session.

7. ABSTRACT OF REGISTERS TO BE TRANSMITTED ANNUALLY TO HOME SECRETARY, AND LAID BEFORE PARLIAMENT.-The Registrar General shall transmit once in every year to her Majesty's Secretary of State for the Home Department a general abstract of the numbers of births, deaths, and marriages registered during the foregoing year, in such form and at such date as such Secretary shall from time to time prescribe; and every such annual general abstract shall be laid before Parliament within one month after receipt thereof, or, if Parliament shall not be then sitting, within one month after the commencement of the next session.

8. REGISTRAR FOR EACH PARISH TO BE ELECTED BY THE Parochial BOARD—7 & 8 VICT. C. 44-8 & 9 VICT. c. 83.-A Registrar of Births, Deaths, and Marriages shall be elected in manner herein-after provided by the parochial board of each parish, (including the several parishes erected or to be erected under the provisions of the New Parishes (Scotland) Act, 1844) not being a burgh or part of a burgh, appointed and acting under the Poor Law (Scotland) Act, 1845; and such parochial board shall be the judges of the qualification of persons to be elected to the office of registrar:

S. 8 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

9. MEETINGS OF PAROCHIAL BOARDS FOR ELECTIONS OF REGISTRARS, HOW TO BE CALLED MEETINGS ON VACANCIES IN OFFIce of Registrar. The meetings of the parochial board in any such parish for the trial of the qualifications and the election of a registrar shall be called by the inspector of the poor acting under the said Act, by the direction either of the sheriff or of the parochial board, in such and the like manner as the ordinary meetings of the parochial board are called under the said Act, and such meetings shall be called and held forthwith after the passing of this Act; and such inspector shall within six days after a vacancy in the office of registrar of the parish of which he is inspector shall become known to him apply to the sheriff or the parochial board to appoint a time and place for a meeting of the parochial board for the purpose of electing a registrar to supply such vacancy; and in case there shall happen to be no inspector for the time, the chairman of the parochial board shall make such application to the sheriff, or shall himself appoint a time and place for such meeting: Provided, that if the vacancy be caused by the death of a registrar who was a schoolmaster, it shall be competent to the sheriff, or, with the consent of the sheriff, to the parochial board, or chairman calling the meeting, to postpone the election, for any period not exceeding four months, until the election of the successor of such schoolmaster.

10. PARISHES MAY BE DIVIDED OR UNITED INTO DISTRICTS FOR THE PURPOSES OF THIS Act. If it shall at any time appear to the sheriff that it is desirable that any parish should be divided, or that two or more parishes or portions of parishes should be united into one district, the sheriff may divide such parish or unite such parishes or portions of parishes into one or more districts as he shall think fit, and each such district shall be held to be and be a separate parish for the purposes of this Act; and the sheriff shall fix the distinctive name by which each such district shall be called for the purposes of this Act; and a written or printed notice of such division or union, setting forth such distinctive names, shall be affixed on the doors of all the known places of public worship within the parish or parishes thereby affected for three consecutive weeks before such division or union shall come into operation, and be published twice a week for three consecutive weeks in two newspapers published or usually circulated in the parishes or in the county in which the same are situated.

S. 10 in part rep. 55 & 56 Vict. c. 19 (S. L. R.).

11. SHERIFF MAY ANNEX ANY SMALL PORTION OF A PARISH TO AN ADJOINING PARISH. -It shall be lawful for the sheriff, if he shall deem it expedient, in order to avoid any doubt as to the boundary of a parish or otherwise, to annex, for the purposes of this Act, any small portion of a parish to an adjoining parish: Provided always, that any charges payable out of the parochial funds for registrations in respect of such portion so annexed shall be payable and paid by the parish from which such portion is detached

to the parish to which the same is annexed: Provided also, that the parochial board of the parish from which such portion is taken shall have no voice in the election of the registrar of the parish to which the same is annexed.

12. REGISTRAR TO BE ELECTED BY MAJORITY OF VOTES OF MEMBERS OF PAROCHIAL BOARD PRESENT AT A SPECIAL MEETING-APPOINTMENT OF INTERIM REGISTRAR BY SHERIFF ON VACANCY OF OFFICE.-When there shall be a vacancy in the office of registrar, the parochial board shall, subject to the provisions herein-before contained, by a majority of the votes of the members present at a meeting specially called for the purpose, elect the registrar of the parish or district; and in case any dispute or difference shall arise as to the voting or majority of votes at such election, or any other proceedings connected therewith, the same shall be settled summarily by the sheriff, on hearing verbally the parties or their agents; and in all cases of temporary vacancy of the office of registrar by death or otherwise, the sheriff shall appoint an interim registrar, who shall, during the time he shall act, have the like powers and be bound to discharge the like duties as the registrar; and in all cases of the election or appointment of a registrar or interim registrar such election or appointment shall within ten days thereof be intimated in writing to the Registrar General by the parochial board or sheriff, as the case may be.

13. WHERE THERE IS NO PAROCHIAL BOARD, THE HERITORS SHALL APPOINT THE REGISTRAR.-In case there shall not be a parochial board acting under the said Act in any parish or district at the time when this Act shall come into operation, or at any time thereafter, in which it is necessary to elect a registrar under this Act, the heritors shall, subject to the approbation of the sheriff, appoint a registrar therein.

14. REGISTRAR MAY APPOINT ASSISTANT, &c.-ENTRIES, &C. MAY BE MADE BY ASSISTANT-REGISTRAR SHALL SIGN EACH PAGE OF THE REGISTER, AND INITIAL EACH ENTRY.It shall be lawful for every registrar, with the approbation of the parochial board, or where there is no parochial board with the approbation of the sheriff, to appoint, by a writing under his hand, a fit person, for whom he shall be responsible, to be his assistant in case of his illness or unavoidable absence, or otherwise ceasing to hold his office, until the appointment of another registrar, and also to act in all cases where such assistant may be authorized or required so to do by any regulation to be made in virtue of this Act; and it shall also be lawful for such registrar, with the like approbation, to dismiss such assistant; and the entries made in the registers of births, deaths, and marriages herein-after mentioned, and extracts made therefrom, and the duties performed by such assistant registrar, shall be of the like force and effect as if made or performed by the registrar: Provided always, that each folio or page of such registers on which any entry shall be made shall be signed by the registrar, and every such entry shall be authenticated by him, by affixing his initials thereto, unless where the registrar shall by indisposition or other sufficient cause be unable to act, in which case such assistant shall sign and authenticate such registers, and the entries therein.

15. REGISTRARS NOT TO ACQUIRE VESTED RIGHTS IN THEIR OFFICES, AND TO BE SUBJECT TO REMOVAL, IF NEGLIGENT OR INCOMPETENT.-No registrar shall acquire any vested right in or to his office by virtue of his appointment; and in case any registrar shall fail or neglect or refuse to discharge the duties of his office, or shall be unfit or incompetent to discharge such duties, it shall be lawful for the parochial board to make application to the sheriff for his removal from his office of registrar, and the sheriff shall thereupon hear parties, and take such proceedings in reference to such application as he shall think fit; and if the sheriff shall be of opinion that such registrar has failed or neglected or refused to discharge the duties of his office, or is unfit or incompetent to perform such duties, the sheriff shall remove such registrar from his office of registrar, and shall direct notice of such removal to be forthwith sent to the parochial board, and to be published in the parish of which he was the registrar, in such manner as the sheriff shall direct; and such registrar shall from and after such publication cease to hold his office under this Act, and shall be incapable of being reappointed thereto, and the parochial board shall, in manner herein provided, elect a registrar to supply the vacancy caused by such removal; and the judgment of the sheriff in all such cases shall be final, and not subject to review in any court or by any process whatsoever.

16. APPOINTMENTS, &C. TO BE EXEMPT FROM STAMP DUTY.-The appointments of the Registrar General and secretary, and of the several registrars and assistant registrars under this Act, and the certified copies of registers, extracts, and certificates herein mentioned, shall be exempt from all stamp duties.

17. PAYMENT OF FEES TO REGISTRARS, AND ACCOUNTS THEREOF.-The registrar shall be entitled to demand, in respect of registration and the other duties required to be performed by him under the provisions of this Act, the several fees herein authorized to be taken, and shall keep a correct account of all sums received by him in virtue of this Act in the course of each year, and shall within ten days after the thirty-first day of July yearly deliver or transmit a copy of such account up to the said thirty-first day of July, authenticated by him, to the sheriff, to be preserved in the sheriff clerk's office, and to be furnished by the sheriff to the Registrar General, and, if required, to one of her Majesty's Principal Secretaries of State.

[Ss. 18, 19 rep. 23 & 24 Vict. c. 85, 8. 1.]

20. REGISTERS KEPT AT PRIVATE CEMETERIES TO REMAIN WITH THE PROPRIETORS THEREOF, &c.—And whereas registers are kept at various burial grounds and cemeteries which are private property and maintained at private expense, and are necessary towards the protection of the rights of the owners thereof: Such registers shall, upon proof to the satisfaction of the sheriff to the above effect, remain with the proprietors thereof: but nothing herein contained shall relieve any such proprietors from the necessity of registering deaths in the parochial registers under the provisions of this Act. S. 20 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

21. SHERIFF TO SUPERINTEND REGISTRARS.-The sheriff of each county shall have the control and superintendence of the registrars of the several parishes and districts within such county: Provided, that where a parish shall be situated in more counties than one, such parish shall, for the purposes of this Act, be held to be within the county in which the parish church is situated.

22. REGISTER BOXES TO BE PROVIDED, AND FURNISHED TO REGISTRARS, AND KEPT LOCKED-REGISTER BOOKS TO BE KEPT THEREIN, OR IN FIREPROOF PLACES APPROVED BY SHERIFF. The Registrar General shall furnish to the registrar of every parish a strong iron box, to hold the registers, copies of registers, and all other records, papers, or documents connected with such registers, in the custody of the registrar; and every such box for each registrar shall be furnished with a lock and two keys, and no more, and one of such keys shall be kept by the registrar, and the other key shall be kept by the sheriff; and the register books of each parish, while in the custody of the registrar, and not in use, shall be always kept in the register box, which shall always be left locked; and where, from the number of register books, such boxes may not be sufficient to contain the same, such register books shall be deposited and kept in fireproof places approved of by the sheriff, which shall be kept locked as such boxes are hereby required to be.

23. REGISTER BOOKS AND OTHER FORMS TO BE PROVIDED BY STATIONERY OFFICEFORM OF REGISTER BOOKS-BOOKS, &c. TO BE FURNISHED TO REGISTRARS.-Upon the application of the Registrar General, there shall be furnished to him from time to time, from her Majesty's Stationery Office, all such stationery, books, certificates, schedules, notices, and forms as shall be necessary in the execution of this Act, and as the Registrar General shall require and direct; and the register books shall be of durable materials, and in them shall be printed upon each side of every leaf the heads of information herein required to be known and registered of births, deaths, and marriages respectively, and every page of each book shall be numbered progressively by printed numbers from the beginning to the end of the book, beginning with number one; and each such page shall be ruled and filled up according to the form given in the three several schedules (A.), (B.), and (C.) hereunto annexed, and each separate entry shall be numbered at the beginning thereof with successive numbers, beginning with number one; and the Registrar General shall furnish to the registrar of every parish or district a sufficient number of register books of births, and of register books of deaths, and of register books of marriages, and of certificates, schedules, notices, and forms.

24. ON REMOVAL OR DEATH OF REGISTRARS, &c., REGISTER BOXES AND BOOKS, &C. SHALL BE DELIVERED UP TO THEIR SUCCESSORS.-In every case in which any registrar, interim registrar, or assistant registrar shall die or be removed from or resign or otherwise cease to hold his office, all register boxes, keys, books, documents, and papers in his possession as registrar, interim registrar, or assistant registrar, or which shall come into possession of his representatives, shall be delivered up as soon as conveniently may be