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8. Provided always, that no person or persons shall be Prosecuprosecuted by virtue of this Act for any offence or offences tions within committed contrary to the same, unless such prosecution months. be commenced within twelve months after the offence

committed.

twelve

same power

Scotland;

9. And be it further enacted by the authority aforesaid, Sheriffs, &c., That the sheriffs and their deputies, stewarts and their in Scotland deputies, bailies of regalities, and their deputies, magistrates to have the of royal burroughs, and all other inferior judges and as justices, magistrates, and also all high or petty constables, or other &c., have in peace officers of any county, stewartry, city, or town within England. that part of Great Britain called Scotland, shall have the same powers and authority for putting this present Act in execution within Scotland as the justices of the peace and other magistrates aforesaid respectively have by virtue of this Act within and for the other parts of this kingdom; Punishand that all and every person and persons who shall at any ment of time be convicted of any the offences afore-mentioned, persons within that part of Great Britain called Scotland, shall for offending in every such offence incur and suffer the pain of death on confiscation of moveables ;* and also, that all prosecutions damages of for repairing the damages of any church or chapel, or any any church, building for religious worship, or any dwelling-house, barn, &c., pulled stable, or outhouse, which shall be demolished or pulled in Scotland down in whole or in part, within Scotland, by any persons how to be unlawfully, riotously, or tumultuously assembled, shall and recovered, may be recovered by summary action at the instance of the party aggrieved, his or her heirs or executors, against the county, stewartry, city, or burrough respectively where such disorders shall happen, the magistrates being summoned in the ordinary form, and the several counties and stewartries called by edictal citation at the market cross of the head burrough of such county or stewartry respectively, and that in general, without mentioning their names and designations.

down, &c.,

and of

whom.

Scotland

10. Provided, and it is hereby declared, That this Act To what shall extend to all places for religious worship in that part places in of Great Britain called Scotland which are tolerated by law, and and where his majesty King George, the Prince and Princess shall extend. of Wales, and their issue, are prayed for in express words.

*The penalty was commuted to transportation for life, or not less than fifteen years, by 1 Vict. c. 91, s. 1; and now, instead of transportation, penal servitude for not less than five years, or imprisonment, must be awarded, 20 & 21 Vict. c. 3, s. 2; 27 & 28 Vict. c. 47, s. 2.

10 Vict. c. 21.

An Act to regulate the Stations of Soldiers during

Parliamentary Elections.

[23d April, 1847.] WHEREAS by an Act passed in the eighth year of the reign 8 G. 2. c. 30. of King George the Second, intituled An Act for regulating the quartering of Soldiers during the Time of the Election of Members to serve in Parliament, provision is made for the removal of all soldiers quartered or billeted in any city, borough, town, or place to the distance of two or more miles, when and as often as any election of any peer or peers to represent the peers of Scotland in parliament, or of any member or members to serve in parliament, shall be appointed to be made therein and whereas in consequence of changes in the law for taking the poll at the election of members to serve in parliament the expence and inconvenience of such removal of soldiers is greatly increased; 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, That the said Act shall be repealed. 2. And be it enacted, That on every day appointed for the nomination or for the election or for taking the poll for the election of a member or members to serve in the Commons House of Parliament no soldier within two miles of any city, borough, town, or place where such nomination or election Members of shall be declared or poll taken shall be allowed to go out of Parliament, the barrack or quarters in which he is stationed, unless for except the purpose of mounting or relieving guard, or for giving in certain his vote at such election; and that every soldier allowed to cases. go out for any such purpose within the limits aforesaid shall return to his barrack or quarters with all convenient speed as soon as his guard shall have been relieved or vote tendered.

Recited Act repealed. Soldiers to remain in barracks or quarters

during elections for

Notice of

3. And be it enacted, That when and so often as any elections to election of any member or members to serve in the Combe given by the Clerk mons House of Parliament shall be appointed to be made, of the Crown the Clerk of the Crown in Chancery or other officer making to Secretary out any new writ for such election shall, with all convenient at War, &c. speed after making out the said writ, give notice thereof to the Secretary at War, or in case there shall be no Secretary at War to the person officiating in his stead, who shall, at some convenient time before the day appointed for such election, give notice thereof in writing to the general officer commanding in each district of Great Britain, who shall thereupon give the necessary orders for enforcing the execution of this Act in all places under his command.

to apply 4. Provided always, and be it enacted, That nothing in guards at this Act contained shall be deemed to apply to any soldiers

attending as the guards of her Majesty or any person of tending her the Royal Family, or to the soldiers usually stationed or Majesty, or employed within the Bank of England.

5. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this session of parlia

ment.

to soldiers in
the Bank.

Act may be
amended,
&c.

37 & 38 Vict. c. 81.

An Act to provide for the abolition of certain offices connected with the Great Seal, and to make better provision respecting the office of the Clerk of the Crown in Chancery.

[7th August, 1874.]

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; that is to say,

1. This Act may be cited as the Great Seal (Offices) Act, Short title.

1874.

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

3. In this Act

The expression "the Lord Chancellor" means the Lord Definition of High Chancellor of Great Britain, or the Commissioners terms. for executing the office of such Lord High Chancellor : The expression "the Treasury" means the Commissioners of her Majesty's Treasury.

office of

4. After the commencement of this Act the office of Abolition of messenger or pursuivant of the Great Seal shall as a separate messenger office be abolished.

of Great Seal

The powers and duties of the messenger or pursuivant of and transfer the Great Seal in relation to writs for the election of of duties. members to serve in parliament shall on the commencement of this Act be transferred to and vested in such officer as the Lord Chancellor may from time to time, with the approval of her Majesty, appoint, and such officer may, if the Lord Chancellor so direct, be styled messenger of the Great Seal in lieu of or in addition to any other style denoting his office, and the Act of the session of the fifty-third year of the reign of King George the Third, chapter eighty-nine, intituled "An Act for the more regular conveyance of writs for the election of members to serve in parliament," so far as it is unrepealed, shall be construed as if the officer so appointed were therein substituted for the messenger or pursuivant of the Great Seal, with this qualification, that

Provisions

the deputy in that Act mentioned shall be appointed by the Lord Chancellor in writing.

All other duties and powers required to be performed by or vested in the messenger or pursuivant of the Great Seal shall be performed by and vested in such officer as the Lord Chancellor may from time to time direct.

There shall be paid, out of moneys provided by parliament, to any officer to whom any duties and powers are transferred under this section, such additional salary or remuneration (if any) as the Treasury, upon the recommendation of the Lord Chancellor, may from time to time assign to him.

38 & 39 Vict. c. 40.

Municipal Elections. Arrangement of Clauses.

Clauses.

1. Provisions applicable to municipal elections.
2. Candidates out of United Kingdom ineligible.
Mayor to appoint officers for taking the poll.
Amendment of law.

3.

4.

5. Conclusiveness of burgess roll.

6.

7.

8.

9.

10.

One poll to be taken for auditors and assessors.
Withdrawal of candidates.

Notices by mayor or town clerk may comprise the
several wards of borough.

Time of holding election on extraordinary vacancies. Power to town council to divide wards into polling places as they may think fit.

11. Computation of time under the Act.

12. Repeal of parts of Acts in second schedule.

13.

14.

15.

Act to be construed with Municipal Corporation Acts.
Short title.

Duration of Act.

SCHEDULES.

38 & 39 Vict. c. 40.

An Act to amend the Law regulating Municipal Elections.

[19th July, 1875.]

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; (that is to say,)

1. The following provisions shall be enacted and apply to applicable to nominations at all municipal elections of councillors, audimunicipal tors, and assessors after the passing of this Act:

elections.

1. Nine days at least before any such election the town clerk shall prepare, sign, and publish a notice in the form No. 1. set forth in the first schedule to this Act, or to the like effect, by causing the same to be placed on the door of the town hall, and in some conspicuous parts of the borough or ward for which any such election is to be held.

2. At any such election every candidate shall be nominated in writing; the writing shall be subscribed by two enrolled burgesses of such borough or ward as proposer and seconder, and by eight other enrolled burgesses of such borough or ward as assenting to the nomination. Each candidate shall be nominated by a separate nomination paper, but the same burgesses, or any of them, may subscribe as many nomination papers as there are vacancies to be filled, but no more. Every person nominated shall be enrolled on the burgess roll of the borough, or a person whose name is inserted in the separate list at the end of the burgess roll, as provided by section three of the Act thirty-two and thirty-three Victoria, chapter fiftyfive, and shall be otherwise qualified to be elected. The nomination paper shall state the surname and other names of the person nominated, with his place of abode and description, and shall be in the form No. 2. set forth in the first schedule to this Act, or to the like effect. And the town clerk shall provide nomination papers, and shall supply any enrolled burgess with as many nomination papers as may be required, and shall, at the request of any such person, fill up a nomination paper in manner prescribed by this Act.

3. Every nomination paper subscribed as aforesaid shall be delivered by the candidate himself, or his proposer or seconder, to the town clerk, seven days at least before the day of election, and before five o'clock in the afternoon of the last day on which any such nomination paper may by law be delivered; the town clerk shall forthwith send notice of such nomination to each person nominated. The mayor shall attend at the town hall on the day next after the last day for the delivery of nominations to the town clerk between the hours of two and four in the afternoon, and shall decide on the validity of every objection made to a nomination paper, such objection to be made in writing. The candidate nominated by each nomination paper, and one other person, appointed by or on behalf of the candidate as hereinafter mentioned, and no person other than aforesaid, shall, except for the purpose of assisting the mavor, be

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