By this ACT,

After reciting that by 4 & 5 Will. 4. c. 54, the compositions for assessed taxes now in force will expire on the 5th of April 1840; and that it is expedient to continue the same for a further term of one year :

It is Enacted,

1. That the several duties payable under every contract of composition for the duties of assessed taxes, and every contract and composition respectively now in force, shall be and the same are hereby respectively continued to Her Majesty, her heirs and successors, to the like annual amounts now payable, for a further term of one year, to be computed from the 5th of April 1840, and to determine on the 5th of April 1841, to all intents and under the same rules and privileges as if such compositions did not by the laws now in force expire before the last-mentioned day; and all the powers and provisions of the several Acts passed relating to and for continuing the duties of compositions and contracts for collecting the same, and for enforcing payment thereof, shall be extended and applied to the compositions and contracts continued under this Act, to all intents as if the same had been repeated and re-enacted in this Act.

11. Provided and enacted, that this Act shall not extend to the contract or composition of any person who shall be desirous of determining the same on the 5th of April 1840, and who shall, on or before the 10th of October 1839, give notice thereof in writing to the assessor or collector of the parish or place, or to the surveyor acting in the execution of the Acts relating to the duties of assessed taxes for the district in which such composition shall be payable.

And after reciting that by an Act, 52 Geo. 3, intituled, An Act for granting to His Majesty certain new and additional Duties of Assessed Taxes, and for consolidating the same with the former Duties of Assessed Taxes,' certain Duties specified and set forth in Schedule (L.) to the said Act annexed are granted and made payable in respect of killing game, and by the rules contained in the said schedule for charging the said last-mentioned duties it is enacted, that every person who intends to do or shall do any act in the said schedule mentioned, by reason of the doing of which he shall become chargeable with or liable to the said duty thereby made payable, shall, before he shall do any such Act, pay the said duty to the collector of the duties of assessed taxes, and obtain a certificate thereof, in the manner directed by the said rules, which certificate it is thereby declared shall continue in force until and upon the 5th of April next after the time of issuing the same, and no longer: And that great inconvenience has been felt by reason of the expiration of the said certificates at a period when the collectors of the said duties for the ensuing year have not been appointed, whereby persons are prevented from immediately obtaining renewed certificates, and for remedy thereof it is expedient that the expiration of all such certificates should be deferred until after the period of the year at which the said collectors are usually appointed ;—

It is Enacted,

III. That all such certificates as aforesaid which have been granted, and at the time of the passing of this Act are now in force, and also all such certificates as aforesaid which shall be granted at any time after the passing of this Act, and before the 6th of July 1840, shall, notwithstanding anything in the said recited Act, or in the aforesaid Schedule (L.) thereto annexed, or in any of the said certificates contained to the contrary thereof respectively continue in force until and upon the 5th of July 1840, and shall then cease and determine, and that all such certificates as aforesaid, which shall be granted at any time after the 5th of July 1840, shall continue in force until and upon the 5th of July next after the time of issuing the same, and no longer, anything in any former Act or Acts contained to the contrary thereof in anywise notwithstanding; and in respect of all such certificates as aforesaid which shall be issued after the passing of this Act, the forms thereof contained in Schedule (N.) to the said Act annexed shall be altered as to the period of the expiration of the said certificates, and shall be made conformable with the provisions of this Act.

And after reciting, that by an Act, 1 & 2 Will. 4. c. 32, intituled, An Act to amend the Laws in England relative to Game,' it is enacted that the Justices of the Peace of every county, riding, division, liberty, franchise, city, or town shall hold a special session in the division or district for which they usually act, in the month of July in every year, for the purpose of granting licences to deal in game: And that it is expedient that the said Justices of the Peace should be empowered to hold a special session for the purpose aforesaid, not only in the month of July, but also at any subsequent period of the year:

It is Enacted,

IV. That from and after the passing of this Act it shall be lawful for the said Justices of the Peace to hold in their respective divisions or districts a special session for the purpose of granting licences to deal in game, not only in the month of July, but also at any time and from time to time as often as they shall think fit after the said month of July in every year; and it shall also be lawful for the majority of the said Justices (not being less than two), assembled at any such session or at any adjourn ment thereof, to grant licences to deal in game, in the manner directed by the said last-recited Act, and under and subject to the provisions and regulations thereof; provided always, that of the holding of any such special session seven days' notice shall be given to each of the Justices acting for the division or district in which such session is intended to be held; provided also that every licence to deal in game, at whatever time the same hath been or shall be granted, shall continue in force from the granting thereof until the 1st of July then next following, and no longer; anything in the said last-recited Act, or in such licence, to the contrary notwithstanding.

CAP. XXXVI.

AN ACT to regulate the Duties to be performed by the Judges in the Supreme Courts of Scotland, and to increase the Salaries of certain of the said Judges.

(29th July 1839.)

ABSTRACT OF THE ENACTMENTS.

1. Judges of Court of Session bound to perform the duties of Justiciary and Exchequer.

2. Court of Justiciary to consist of certain Judges.

3. Clerks of Justiciary to be appointed by the Crown.

4. Two Judges to be appointed to perform the duties of the Exchequer.

5. Judges performing the duties of the Court of Exchequer, in cases of importance, to state questions of law for opinion of the other Judges.

6. Her Majesty may accept the resignation of a Judge of Justiciary or Exchequer.

7. As to the performance of the business of the Bill Chamber.

8. Teind Court regulated.

9. Sittings of the Court of Session and of the Lords Ordinary regulated.

10. Court of Session to have power to extend the sittings.

11. Her Majesty to have power to extend the sittings.

12. Salaries of the Judges regulated, and certain Judges' salaries increased.—Proviso as to retiring allowance.

13. Court of Session to make regulations to carry this Act into effect.

14. Laws at variance with this Act repealed.

15. Commencement of this Act.

16. Act may amended.

By this ACT,

After reciting the passing of an Act, 11 Geo. 4. & 1 Will. 4. c. 69, intituled, 'An Act for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland,' by which the Jury Court and the Admiralty and Commissary Courts were abolished, and the jurisdiction and duties of the said Courts were transferred to the Court of Session, whereof the number of Judges was reduced from fifteen to thirteen: And another Act, 2 & 3 Will. 4. c. 54, intituled, 'An Act for making Provision for the Dispatch of the Business now done by the Court of Exchequer in Scotland,' by which the jurisdiction and duties of the Court of Exchequer were transferred to certain Judges of the Court of Session, after the retirement or decease of the last remaining Baron of Exchequer, which event has now happened: And an Act, 50 Geo. 3. c. 31, intituled, An Act for augmenting the Salaries of the Lords of Session, Lords Commissioners of Justiciary, and Barons of Exchequer, in Scotland, and Judges in Ireland,' by which the salaries of Lords of Session and Lords Commissioners of Justiciary were augmented and regulated: And that His said late Majesty, by commission bearing date the 6th of August 1834, directed letters patent to be forthwith made and passed under the seal appointed by the treaty of union to be kept and made use of in place of the great seal of Scotland, directing certain persons therein named to make a diligent and full inquiry into various matters relative to the law and administration of justice in Scotland; and in particular,

First, "As to the arrangements of judicial business in the Courts of Session and other courts;"

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Secondly, "As to the execution of the duties formerly discharged by the Commissary Court, but now transferred by statute to the Court of Session;"

Thirdly, "As to the execution of the duties formerly discharged by the Admiralty Court, now transferred by statute to the Court of Session ;" and,

Fourthly, "As to the execution of the duties of the Court of Exchequer in Scotland:"

And that the Commissioners so appointed have made reports, which have been laid before Parliament; and it is expedient to carry into effect certain of the recommendations contained in the said reports, and to regulate the arrangements of judicial business in the Court of Session, Court of Justiciary, Court of Exchequer, and Court of Commissioners for Teinds, and to increase the salaries of certain of the Judges of the Court of Session performing the judicial duties of the said supreme courts: It is Enacted,

1. That Judges of the Court of Session in Scotland shall be bound, in addition to the duties at present discharged by them, to perform the duties of Lords Commissioners of the Court of Justiciary and of Barons of the Court of Exchequer; and such duties shall be distributed among the said Judges, with a view to equality of duty, as hereinafter provided.

II. That the Court of Justiciary shall consist of the Lord Justice General, the Lord Justice Clerk, and five Judges of the Court of Session, appointed or to be appointed Lords Commissioners of the Court of Justiciary, and the quorum of the said Court shall remain as at present: Provided always, that it shall be lawful for Her Majesty, her heirs and successors, to appoint, by special commission, any other of the Judges of the Court of Session to act as Judges of the Court of Justiciary on circuits, and in the High Court of Justiciary in causes which may be certified from Circuit Courts in which such Judges shall have acted.

III. That after the present Lord Justice Clerk and the present principal clerk of Justiciary shall cease to hold their offices the appointment to the offices of principal and depute clerks of the Court of Justiciary, and also of the circuit clerks of the said Court, shall, as vacancies occur, be vested in Her Majesty, her heirs and successors; and all persons to be hereafter ap. pointed to any of the said offices shall perform the duties thereof in person.

IV. That the duties of the Court of Exchequer in Scotland, and the whole powers and duties of the said Court, and of the Chief Baron and Barons thereof, in so far as the exercise of such powers and duties is not otherwise provided for by Parliament, shall be and the same are hereby transferred to the Judges of the Court of Session (not being Lords Commissioners of the Court of Justiciary), two of whom, as Judges, shall perform the same successively and in rotation for such equal periods of time as shall be fixed by the said whole Judges, and established by act of sederunt to that effect: Provided always, that one of the said Judges may act in the absence of the other.

v. That it shall be competent to the two Judges performing for the time the duties of the Court of Exchequer, in any case which shall appear to them to be of importance and difficulty, to state the questions of law arising on such case in writing, and to require the opinion of the other Judges liable to perform the said duties of the Court of Exchequer thereupon; and such other Judges shall communicate their opinion thereupon, either collectively or individually; and the judgment to be pronounced in the cause by the two officiating Judges shall be in accordance with the opinion of the majority of all the Judges so consulting.

VI. That it shall be lawful for Her Majesty, her heirs and successors, where it shall appear expedient for the better adminis tration of justice, to accept of the resignation of any of the Judges in the Court of Session who shall have been or may be appointed to perform the duties of Lords Commissioners of the Court of Justiciary, in so far as regards such duties in the Court of Justiciary, and to appoint another of the Judges in the Court of Session to perform such duties: Provided always, that the Judge whose resignation is so accepted shall be forthwith appointed to perform some of the other duties hereby assigned to Judges of the Court of Session.

VII. That the whole business of the Bill Chamber in the Court of Session falling to be performed during the spring and autumn vacations of the said Court, and during the Christmas recess, shall be performed, in such rotation as the Court of Session by act of sederunt may fix, by the remaining six Judges of the Court of Session who shall not be Judges in the Court of Justiciary, with power to all the Judges of the Court of Session, in case of indisposition or of absence of any of the said six Judges, to act for him.

VIII. That the Judges of the two divisions of the inner house of the Court of Session, along with the Lord Ordinary who shall be Judge in teind causes and proceedings for the time being, shall be Lords Commissioners for teinds, and shall constitute the Court of Commissioners for teinds, and any five of the said Judges shall be a quorum of the said Court; and it shall be competent to the said Court, in causes which they may deem to be of importance or difficulty, to order that such causes shall be heard before the whole Judges of the Court of Session, and to obtain their opinions, in like manner as is provided in ordinary causes depending in either division of the Court of Session.

IX. That the sittings of the Court of Session shall be regulated as follows; the sittings of the whole Court, both inner and outer houses, for the summer session, excepting the summer session of this year, which shall meet and terminate as heretofore, shall commence on the first lawful day, (Monday excepted) which shall happen next after the 19th of May yearly, and shall terminate on the 20th of July yearly, or on the Saturday immediately preceding the said 20th of July when the same shall happen to fall upon Sunday or Monday; the sittings of the two divisions of the inner house for the winter session shall commence and terminate as at present; and the sittings of the Lords Ordinary in the outer house for the winter session sball commence on the first lawful day (Monday excepted) which shall happen next after the 31st of October yearly, and shall terminate on the 20th of March yearly, or on the Saturday immediately preceding the said 20th of March when the same shall happen to fall upon a Sunday or Monday: Provided always, that at the sittings of the Court of Session for trial of civil causes by jury, before and after the ordinary sessions of the said Court, the Lord Ordinary shall assist, when required, in the said jury trials, and also at the criminal trials held before and after the ordinary sessions of the Court where they are Judges of Justiciary.

x. That it shall be lawful for the said Court of Session and they are hereby authorized and empowered, if there shall be arrears of business in the said Court, or as the state of business otherwise may require, from time to time to direct, by act or acts of sederunt, that the winter and summer sessions of the Court of Session or either of them shall be extended, and to specify the time or times of such extension, and the precise duration thereof, and to direct that such extension shall apply either to the whole Court of Session or to either of the divisions thereof, or to all or any of the Lords Ordinary, and to make all regulations which may be required in consequence of any such extension, or connected therewith: Provided always, that such extension shall not on the whole exceed the usual period of the sittings of the said Court previous to the passing of this Act by more than the space of two calendar months in the course of the year, and that it shall thereafter in like manner be lawful for the said Court to alter and limit the said period of extension from time to time as occasion may require; and provided also, that sederunt days shall be reckoned from and regulated by the meeting of the inner houses of the court, and not by the sittings of the Lords Ordinary.

And after reciting that by the said first-recited Act His Majesty, his heirs and successors, with the consent of his Privy Council, was empowered to order and direct that the duration of the sittings of the Court of Session and Lords Ordinary should be extended to any space not exceeding one month, and to alter and vary such extension in manner therein provided:—

It is Enacted,

XI. That it shall be lawful for Her Majesty, her heirs and successors, with the consent of her Privy Council, from time to time to order and direct the extension of the duration of the sittings of the said Court, or either of the divisions thereof, or of all or any of the Lords Ordinary, and to alter and limit such extension to such and the like duration and in such and the like manner as the Judges of the said Court are herein before authorized to alter the sittings thereof.

And after reciting that great reductions have recently been made in the judicial establishments of Scotland, by the transference of the jurisdiction and duties of the Court of Exchequer, the Jury Court, the Admiralty Court, and the Commissary Court, to the Judges of the Court of Session, and by the abolition of the offices of two of the Judges in

that Court, whereby the duties formerly performed by thirteen Judges, whose offices are now abolished, have been transferred to the remaining Judges of the Court of Session, and a saving in the expense of the judicial establishments of Scotland has been effected to the amount of more than 50,000l. per annum: And that the judicial business and duties of the supreme courts are by this Act distributed among the said Judges, and therefore the salaries of the ordinary Judges ought also to be equalized and in some respects increased :

It is Enacted,

XII. That the annual salary of the Lord President of the Court of Session shall be 4,800l., and the annual salary of the Lord Justice Clerk shall be 4,500l., and the annual salaries of all the other Judges of the Court of Session performing the duties of the Courts of Session, Justiciary, and Exchequer, and of the Bill Chamber, in manner herein provided, shall be of equal amount, and shall be 3,000l.; and the said salaries shall be issued, paid, and applied in manner provided by the before-recited Act, 50 Geo. 3: Provided always, that no retiring allowance or increase of salary shall be received by any Judge under this Act, unless under deduction of any retiring allowance or salary which such Judge now enjoys or may hereafter enjoy on account of any judicial office; but such deduction shall be made to the effect only of preventing any of the present Judges from receiving larger allowances or salaries than he now receives.

XIII. That from and after the passing of this Act the Court of Session shall be and is hereby empowered from time to time to make such regulations, by act or acts of sederunt, as the said Court may deem meet, for carrying into effect the purposes of this Act, as also to make regulations for allowing summonses to be called at either of the box days in the autumn vacation, and making defences returnable at the second box day, or on the meeting of the Court in November; and the said Court may meet for the above purposes during vacation as well as during session, and may alter and amend such regulations from time to time: Provided always, that within fourteen days from the commencement of every future session of Parliament there shall be transmitted to both Houses of Parliament copies of all acts of sederunt made and passed under the powers herein given. XIV. That all laws, statutes, and usages shall be and the same are hereby repealed, in so far as they may be inconsistent or at variance with the provisions of this Act: Provided always, that the same shall continue in force in all other respects whatsoever.

XV. That the provisions of this Act, unless where otherwise herein specially provided, shall commence and take effect from and after the passing thereof.

XVI. That this Act may be amended or repealed by any Act to be passed in the present session of Parliament.

CAP. XXXVII.

AN ACT to amend, and extend until the First Day of January One thousand eight hundred and forty-two, the provisions of an Act of the First Year of Her present Majesty for exempting certain Bills of Exchange and Promissory Notes from the operation of the Laws relating to Usury.

(29th July 1839.)

ABSTRACT OF THE ENACTMENTS.

1. Bills of exchange and contracts for loans or forbearance of money above 101. not to be affected by usury laws.

2. Five per cent. to be considered the legal rate of interest, except, &c.

3. Not to affect the law as to pawnbrokers.

4. Continuance of Act.

5. Act may be amended this session.

By this ACT,

After reciting that by 7 Will. 4. & 1 Vict. c. 80, it was enacted, that bills of exchange payable at or within twelve months should not be liable, for a limited time, to the laws for the prevention of usury: And that the duration of the said Act was limited to the 1st of January, 1840: and it is expedient that the provisions of the said Act should be extended :—

It is Enacted,

1. That from and after the passing of this Act no bill of exchange or promissory note made payable at or within twelve months after the date thereof, or not having more than twelve months to run, nor any contract for the loan or forbearance of money, above the sum of 101. sterling, shall, by reason of any interest taken thereon or secured thereby, or any agreement to pay or receive or allow interest in discounting, negotiating, or transferring any such bill of exchange or promissory note, nor the liability of any party to any such bill of exchange or promissory note, nor the liability of any person borrowing any sum of money as aforesaid, be affected, by reason of any statute or law in force for the prevention of usury; nor shall any person or persons or body corporate drawing, accepting, indorsing, or signing any such bill or note, or lending or advancing or forbearing any money as aforesaid, or taking more than the present rate of legal interest, in Great Britain and Ireland respectively, for the loan or forbearance of money as aforesaid, be subject to any penalties under any statute or law relating to usury, or any other penalty or forfeiture; anything in any law or statute relating to usury, or any other law whatsoever in force in any part of the United Kingdom, to the contrary notwithstanding: Provided always, that nothing herein contained shall

extend to the loan or forbearance of any money upon security of any lands, tenements, or hereditaments, or any estate or interest therein.

11. Provided and enacted, That nothing in this Act contained shall be construed to enable any person or persons to claim, in any court of law or equity, more than five per cent. interest on any account or on any contract or engagement, notwithstanding they may be relieved from the penalties against usury, unless it shall appear to the Court that any different rate of interest was agreed to between the parties.

III. Provided and enacted, That nothing herein contained shall extend or be construed to extend to repeal or affect any statute relating to pawnbrokers, but that all laws touching and concerning pawnbrokers shall remain in full force and effect, to all intents and purposes whatsoever, as if this Act had not been passed.

IV. That this Act shall continue in force until the 1st of January 1842.

v. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.

CAP. XXXVIII.

AN ACT to amend the Jurisdiction for the Trial of Election Petitions.

ABSTRACT OF THE ENACTMENTS.

(17th August 1839.)

1. Suspension of 9 Geo. 4. c. 22. and part of 22 Geo. 3. c. 106.

2. What shall be deemed election petitions.

3. Recognizances to be entered into by petitioners.

4. Sureties to make affidavit of sufficiency, and to be described.

5. Examiner of recognizances to be appointed.

6. Provision for temporary disability of examiner.

7. How recognizances are to be entered into.

8. Option of paying money into the Bank instead of finding security.

9. Declaration of trust.

10. Provision for the change of trustees.

11. No petition to be received unless indorsed by the examiner of recognizances.

12. Names of sureties to be kept in the office of the examiner of recognizances. 13. Sureties may be objected to.

14. Notice of objections to be published in the office, and copies may be taken.

15. Examiner of recognizances to decide on the objections.

16. In case of death of a surety, the money may be paid into the Bank.

17. Examiner of recognizances to report whether or not sureties are objectionable.

18. How petitions may be withdrawn.

19. Proceedings when the seat becomes vacant, or the sitting member declines to defend his return.-Notice to be published, and consideration of the petition discharged.

20. Voters may become a party to oppose the petition.

21. Members having given notice of their intention not to defend shall not be admitted as parties.

22. At the beginning of every session the Speaker to appoint a General Committee.

23. If the House disapprove the first appointment a new appointment to be made.

24. Disapproval may be general or special.

25. Members not disapproved by the House may be again named in the warrants.

26. For what time the appointment shall be.

27. Cases of vacancy to be made known to the House, and proceedings suspended.

28. Cases in which the General Committee shall be dissolved.

29. How vacancies shall be supplied and re-appointments made.

30. Election petitions to be referred to the General Committee.

31. House to fix the time and place of first meeting of Committee.-General Committee to be sworn. 32. Members necessary to enable the Committee to act.

33. Committee to regulate their own proceedings.

34. Clerk to keep minutes of proceedings to be laid before the House.

35. During any suspension the Speaker may adjourn any business before the General Committee.

36. An alphabetical list of names of all the members to be made.

37. Members wholly excused from serving.

38. Members temporarily excused from serving.

39. Members temporarily disqualified from serving.

40. A corrected list, distinguishing the excused or disqualified members, to be printed and distributed with the votes. 41. List may be further corrected during one week.