The said penalty shall

6. APPLICATION OF PENALTY-3 GEO. 4, c. 46.be paid over to the sheriff or other proper officer of the county, city, borough, or place in which such conviction shall take place, for her Majesty's use, and shall be returned to the court of quarter sessions, under the provisions of the Levy of Fines Act, 1822.

S. 6 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

[S. 7 rep. 38 & 39 Vict. c. 86, s. 17.]

8. NO CERTIORARI TO BE ALLOWED.-No order or conviction or proceeding touching the same respectively shall be quashed for want of form, or be removed by certiorari or otherwise into any of her Majesty's superior courts of record;

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

[S. 9 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

9 & 10 VICTORIA, 1846.

CHAPTER XVII.

THE BURGH TRADING ACT, 1846 (Short Titles Act 1896).

AN ACT for the Abolition of the exclusive Privilege of trading in Burghs in Scotland.

[Preamble.]

[14th May 1846.]

1. EXCLUSIVE PRIVILEGES OF TRADING in Burghs to cease. It shall be lawful for any person to carry on or deal in merchandize, and to carry on or exercise any trade or handicraft, in any burgh and elsewhere in Scotland, without being a burgess of such burgh, or a guild brother, or a member of any guild, craft, or incorpora

tion:

S. 1 in part rep. 54 & 55 Vict. c. 39, s. 123, and 54 & 55 Vict. c. 67 (S.L.R.).

2. INCORPORATIONS STILL TO RETAIN THEIR CORPORATE CHARACTER, &c.-Notwithstanding the abolition of the said exclusive privileges and rights, all such incorporations as aforesaid shall retain their corporate character, and shall continue to be incorporations, with the same names and titles as heretofore; and nothing herein contained shall anywise affect the rights and privileges of such incorporations, or of the office bearers or members thereof, except as herein-before enacted.

3. INCORPORATIONS MAY MAKE BYE LAWS, &C. RELATIVE TO APPLICATION OF FUNDS, ADMISSION OF MEMBERS, &C.-SUCH BYE LAWS, &c., WHEN SANCTIONED BY COURT OF SESSION, TO BE VALID.-[Recital] It shall be lawful for every such incorporation from time to time to make all bye laws, regulations, and resolutions relative to the management and application of its funds and property, and relative to the qualification and admission of members, in reference to its altered circumstances under this Act, as may be considered expedient, and to apply to the Court of Session, by summary petition, for the sanction of the said court to such bye laws, regulations, or resolutions; and the said court, after due intimation of such application, shall determine upon the same, and upon any objections that may be made thereto by parties having interest, and shall interpone the sanction of the said court to such bye laws, regulations, or resolutions, or disallow the same in whole or in part, or make thereon such alterations, or adject thereto such conditions or qualifications, as the said court may think fit, and generally shall pronounce such order in the whole matter as may to the said court seem just and expedient; and such bye laws, regulations, or resolutions, subject to such alterations and conditions as aforesaid, shall be, when the sanction of the said court shall have been interponed thereto, valid and effectual and binding on such incorporations: Provided always, that nothing therein contained shall affect the validity of any bye laws, regulations, or

resolutions that may be made by any such incorporation without the sanction of the said court, which it would have been heretofore competent for such incorporation to have made of its own authority or without such sanction.

[S. 4 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

CHAPTER XX.

THE PARLIAMENTARY DEPOSITS ACT, 1846 (Short Titles Act, 1896).

AN ACT to amend an Act of the Second Year of Her present Majesty, for providing for the Custody of certain Monies paid, in pursuance of the Standing Orders of either House of Parliament, by Subscribers to Works or Undertakings to be effected under the Authority of Parliament.

[Preamble recites 1 & 2 Vict. c. 117.]

[18th June 1846.]

[S. 1 (repealing recited Act) rep. 38 & 39 Vict. c. 66 (S.L.R.).]

2. AUTHORITY TO DEPOSIT MONEY REQUIRED BY STANDING Orders of EITHER HOUSE OF PARLIAMENT TO BE DEPOSITED BY SUBSCRIBERS TO ANY UNDERTAKING TO BE EXECUTED UNDER AUTHORITY OF PARLIAMENT.—In all cases in which any sum of money is required by any standing order of either House of Parliament, either now in force or hereafter to be in force, to be deposited by the subscribers to any work or undertaking which is to be executed under the authority of an Act of Parliament, if the director or person, or directors or persons, having the management of the affairs of such work or undertaking, not exceeding five in number, shall apply to one of the clerks in the office of the clerk of the Parliaments with respect to any such money required by any standing order of the lords spiritual and temporal in Parliament assembled, or to one of the clerks of the private bill office of the House of Commons with respect to any such money required by any standing order of the commons in Parliament assembled, to be deposited, it shall be lawful for the clerk so applied to, by warrant or order under his hand, to direct that such sum of money shall be paid in manner herein-after mentioned; (that is to say,) into the Bank of England, in the name and with the privity of the accountant general of the Court of Chancery in England, if the work or undertaking in respect of which the sum of money is required to be deposited is intended to be executed in that part of the United Kingdom called England, or into any of the banks in Scotland established by Act of Parliament or royal charter, in the name and with the privity of the Queen's remembrancer of the Court of Exchequer in Scotland, at the option of the person or persons making such application as aforesaid, in case such work or undertaking is intended to be executed in that part of the United Kingdom called Scotland, or into the Bank of Ireland, in the name and with the privity of the accountant-general of the Court of Chancery in Ireland, in case such work or undertaking is intended to be made or executed in that part of the United Kingdom called Ireland; and such warrant or order shall be a sufficient authority for the accountant-general of the Court of Chancery in England, the Queen's remembrancer of the Court of Exchequer in Scotland, and the accountant general of the Court of Chancery in Ireland, respectively, to permit the sum of money directed to be paid by such warrant or order to be placed to an account opened or to be opened in his name in the bank mentioned in such warrant or order.

3. PAYMENT OF DEPOSIT-TRANSFER OR DEPOSIT OF SECURITIES IN LIEU OF MONEY.It shall be lawful for the person or persons named in such warrant or order, or the survivors or survivor of them, to pay the sum mentioned in such warrant or order into the bank mentioned in such warrant or order, in the name and with the privity of the officer or person in whose name such sum shall be directed to be paid by such warrant or order, to be placed to his account there ex parte the work or undertaking mentioned in such warrant or order, pursuant to the method prescribed by any Act or Acts for the time being in force for regulating monies paid into the said courts, and pursuant to the general orders of the said courts respectively, and without fee or reward; and every

such sum so paid in, or the securities in or upon which the same may be invested as herein-after mentioned, or the stocks, funds, or securities authorized to be transferred or deposited in lieu thereof as herein-after mentioned, shall there remain until the same, with all interests and dividends, if any, accrued thereon, shall be paid out of such bank, in pursuance of the provisions of this Act: Provided always, that in case any such director or person, directors or persons, having the management of any such proposed work or undertaking as aforesaid, shall have previously invested in the three per centum consolidated or the three per centum reduced bank annuities, Exchequer bills, or other government securities, the sum or sums of money required by any such standing order of either house of Parliament as aforesaid to be deposited by the subscribers to any work or undertaking which is to be executed under the authority of an Act of Parliament, it shall be lawful for the person or persons named in such warrant or order, or the survivors or survivor of them, to deposit such Exchequer bills or other government securities in the bank mentioned in such warrant or order, in the name and with the privity of the officer or person in whose name such sum shall by such warrant or order be directed to be paid, or to transfer such government stocks or funds into the name of the officer or person; and such transfer or deposit shall be directed by such clerk of the office of the clerk of the Parliaments, or such clerk of the private bill office of the House of Commons, as the case may be, in lieu of payment of so much of the sum of money required to be deposited as aforesaid as the same Exchequer bills or other the government stocks or funds will extend to satisfy at the price at which the same were originally purchased by the said person or persons, director or directors as aforesaid, such price to be proved by production of the broker's certificate of such original purchase.

4. INVESTMENT OF DEPOSIT PAID INTO BANK OF ENGLAND or Bank of IRELAND.—If the person or persons named in such warrant or order, or the survivors or survivor of them, desire to have invested any sum so paid into the Bank of England or the Bank of Ireland, or any interest or dividend which may have accrued on any stocks or securities so transferred or deposited as aforesaid, the court in the name of whose accountant general the same may have been paid may, on a petition presented to such court in a summary way by him or them, order that such sum or such interest or dividends shall, until the same be paid out to the parties entitled to the same in pursuance of this Act, be laid out in the three per centum consolidated or three per centum reduced bank annuities, or any government security or securities, at the option of the aforesaid person or persons, or the survivor or survivors of them.

5. REPAYMENT OF DEPOSIT-CERTIFICATE REQUIRED IN CERTAIN CASES-GRANTING CERTIFICATE, &C. NOT TO MAKE THE CHAIRMAN OR SPEAKER SIGNING THE SAME LIABLE.On the termination of the session of Parliament in which the petition or bill for the purpose of making or sanctioning any such work or undertaking shall have been introduced into Parliament, or if such petition or bill shall be rejected or finally withdrawn by some proceeding in either house of Parliament, or shall not be allowed to proceed, or if the person or persons by whom the said money was paid or security deposited shall have failed to present a petition, or if an Act be passed authorizing the making of such work or undertaking, and if in any of the foregoing cases the person or persons named in such warrant or order, or the survivors or survivor of them, or the majority of such persons, apply by petition to the court in the name of whose accountant general the sum of money mentioned in such warrant or order shall have been paid, or such Exchequer bills, stocks, or funds shall have been deposited or transferred as aforesaid, or to the Court of Exchequer in Scotland, in case such sum of money shall have been paid in the name of the said Queen's remembrancer, the court in the name of whose accountantgeneral or Queen's remembrancer such sum of money shall have been paid, or such Exchequer bills, stocks, or funds shall have been deposited or transferred, shall by order direct the sum of money paid in pursuance of such warrant or order, or the stocks, funds, or securities in or upon which the same may have been invested, and the interest or dividends thereof, or the Exchequer bills, stocks, or funds so deposited or transferred as aforesaid, and the interest and dividends thereof, to be paid or transferred to the party or parties so applying, or to any other person or persons whom they may appoint in that behalf; but no such order shall be made in the case of any such petition or bill being rejected or not being allowed to proceed, or being withdrawn or not being presented, or of an Act being passed authorizing the making of such work or under

taking, unless upon the production of the certificate of the chairman of committees of the House of Lords with reference to any proceeding in the House of Lords, or of the speaker of the House of Commons with reference to any proceeding in the House of Commons, that the said petition or bill was rejected or not allowed to proceed, or was withdrawn during its passage through one of the houses of Parliament, or was not presented, or that such Act was passed, which certificate the said chairman or speaker shall grant on the application in writing of the person or persons, or the majority of the persons, named in such warrant, or the survivor or survivors of them: Provided always, that the granting of any such certificate, or any mistake or error therein or in relation thereto, shall not make the chairman or speaker signing the same liable in respect of any monies, stocks, funds, and securities which may be paid, deposited, invested, or transferred in pursuance of the provisions of this Act, or the interest or dividends thereof.

CHAPTER XXXIII.

THE SEDITIOUS MEETING ACT, 1846 (Short Titles Act, 1896).

AN ACT to amend the Laws relating to Corresponding Societies and the licensing of Lecture Rooms.1 [27th July 1846.]

1 This Act is rep. 32 & 33 Vict. c. 24, s. 1, and schedule so far as it relates to any proceedings under the sections of 39 Geo. 3, c. 79, which are repealed by that schedule.

[Preamble recites 39 Geo. 3, c. 79; 57 Geo. 3, c. 19.]

1. PROCEEDINGS UNDER RECITED ACTS SHALL NOT BE COMMENCED UNLESS IN THE NAME OF THE LAW OFFICERS OF THE CROWN.-It shall not be lawful for any person or persons to commence, prosecute, enter, or file, or cause or procure to be commenced, prosecuted, entered, or filed, any action, bill, plaint, or information in any of her Majesty's courts, or before any justice or justices of the peace, against any person or persons, for the recovery of any fine or forfeiture which may hereafter be incurred under the provisions of the recited Acts or either of them, unless the same be commenced, prosecuted, entered, or filed in the name of her Majesty's attorney general or solicitor general in England, or her Majesty's advocate in Scotland; and every action, bill, plaint, or information which shall be commenced, prosecuted, entered, or filed in the name or names of any other person or persons than is in that behalf before mentioned, and every proceeding thereupon had, shall be null and void to all intents and purposes. [S. 2 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

CHAPTER XLVIII.

THE ART UNIONS ACT, 1846 (Short Titles Act, 1896).

AN ACT for legalizing Art Unions.

[13th August 1846.]

Whereas certain voluntary associations have been and may hereafter be formed in various parts of the United Kingdom, under the name of art unions, for the purchase of paintings, drawings, or other works of art, to be afterwards allotted and distributed, by chance or otherwise, among the several members, subscribers, or contributors, forming part of such associations, or for raising sums of money by subscription or contribution, to be allotted and distributed, by chance or otherwise, as prizes, amongst the members, subscribers, or contributors, forming part of such associations, on the condition nevertheless that such sums of money so allotted and distributed be expended solely and entirely in the purchase of paintings, drawings, or other works of art: And whereas such allotment and distribution of paintings, drawings, or other works of art, or of sums of money for their purchase, and the proceedings taken to carry the same into effect may be deemed and taken to come within the provisions of the several Acts

of Parliament passed for the prevention of lotteries, little goes, and unlawful games whereby the members, subscribers, or contributors of such associations as aforesaid, or persons acting under their authority or on their behalf, may be liable or subjected to certain pains and penalties imposed by law on persons concerned in lotteries, little goes, and unlawful games: And whereas it is expedient that all members of and subscribers and contributors to such voluntary associations as aforesaid, and all persons acting under their authority or on their behalf, so long only as their proceedings are carried on in good faith for the encouragement of the fine arts, shall be discharged and protected from any pains and penalties to which they may have rendered themselves liable, or may hereafter render themselves liable, by reason of any such their proceedings as aforesaid:

1. VOLUNTARY ASSOCIATIONS CONSTITUTED FOR THE DISTRIBUTION OF WORKS OF ART BY LOT DEEMED Legal, provided a ROYAL CHARTER SHALL HAVE BEEN FIRST OBTAINED, OR DEED OF SETTLEMENT APPROVED BY PRIVY COUNCIL, &c.-RESERVATION OF POWER TO REVOKE CHARTER, &C. IF ASSOCIATION IS PERVERTED FROM ITS PURPOSE.-All such voluntary associations as aforesaid, now constituted, or which may hereafter be constituted according to the provisions herein-after contained, shall be deemed to be lawful associations; and the members of and subscribers and contributors to all such lawful associations, and all persons acting under their authority or on their behalf for the purposes aforesaid, shall be freed and discharged from all pains and penalties, suits, prosecutions, and liabilities, to which by law they would be liable but for the passing of this Act, as being concerned in illegal lotteries, little goes, or unlawful games, by reason of any thing done or which may be done by them or any of them in furtherance of the allotment or distribution, by scheme or otherwise, of paintings, drawings, or other works of art, or of the allotment or distribution of sums of money as prizes to be expended for their purchase: Provided always, that a royal charter or charters shall have been first obtained for the incorporation of any such association, or provided that the deed of partnership, or other instrument or instruments constituting such association, and the rules and regulations relating to the proceedings of such association for such purposes as aforesaid, shall have first been submitted to the consideration and be approved of by a committee of her Majesty's most honourable privy council, and a copy thereof deposited with such committee; and that it shall be expressed in every such charter, deed, or instrument, that it shall be lawful for any committee of her Majesty's privy council to whom the consideration of art unions shall be referred by her Majesty, whenever it shall appear to them that any such association is perverted from the purposes of this Act, to certify the fact to her Majesty, and thereupon it shall be lawful. for her Majesty to revoke or annul the charter, deed, or instrument, under which the association so offending shall have been constituted; and nothing in this Act contained shall be deemed to apply to any association whose charter, deed of partnership, or other instrument constituting the same shall have been so revoked or annulled.

[Ss. 2, 3 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

CHAPTER LVII.

THE RAILWAY REGULATION (GAUGE) ACT, 1846 (Short Titles Act, 1896).

AN ACT for regulating the Gauge of Railways.

[Preamble.]

[18th August 1846.]

1. ON WHAT GAUGE RAILWAYS FOR CONVEYANCE OF PASSENGERS SHALL BE MADE— PROVISO AS TO RAILWAYS ALREADY CONSTRUCTED.-It shall not be lawful (except as herein-after excepted) to construct any railway for the conveyance of passengers on any gauge other than four feet eight inches and half an inch in Great Britain, and five feet three inches in Ireland: Provided always, that nothing herein-before contained shall be deemed to forbid the maintenance and repair of any railway constructed before the passing of this Act on any gauge other than those herein-before specified, or to forbid the laying of new rails on the same gauge on which such railway is constructed within S.S.R. III. 12

177