shall for every such apprentice or seaman so protected or harboured forfeit and pay the sum of ten pounds; [Rest of section rep. 39 & 40 Vict. c. 20, s. 2, which substitutes other provisions.]

3. THE OPERATION OF THIS ACT IN ANY COLONY MAY BE SUSPENDED WHILE ANY ENACTMENT OF THE COLONIAL LEGISLATURE CARRYING OUT THE OBJECTS OF THIS ACT REMAINS IN FORCE THERE. If by any law or ordinance to be hereafter made by the local legislature of any British colony or possession abroad provision shall be made for carrying into complete effect within such colony or possession the objects of this present Act, by the substitution of some other enactment in lieu thereof, then it shall be competent to her Majesty, with the advice of her Privy Council, (if to her Majesty in council it shall seem meet, but not otherwise), to suspend the operation within any such colony or possession of this present Act, so long as such substituted enactment shall continue in force there, and no longer.

4. CONTINUANCE OF THIS ACT.-This Act shall continue in force during the continuance of the said treaty.

CHAPTER XXXIV.

THE JUSTICES OF THE PEACE SMALL DEBT (SCOTLAND) ACT, 1849 (Short Titles Act, 1896). AN ACT to amend an Act regulating the Justice of the Peace Small Debt Courts in Scotland. [13th July 1849.]

[Preamble recites 6 Geo. 4, c. 48.]

1. PROCEDURE in Causes to BE TRIED BY JUSTICES IN SCOTLAND.—All causes which her Majesty's justices of the peace in Scotland may competently hear, try, and determine under the authority of the said recited Act and this Act shall proceed upon complaint, to be signed by the clerk or depute clerk of the peace agreeably to the form in schedule (A.) hereunto annexed; and a copy of the complaint with citation thereon, and also a copy of the account, document of debt, or state of the demand, being delivered by a constable to the defender personally, or left at the dwelling place of the defender, or, in the case of a company, at the ordinary place of business of the company, six days at least before the diet of court mentioned in such complaint, shall be good and effectual to all intents and purposes, anything in the said recited Act requiring a second citation, where the first citation had not been delivered personally, to the contrary notwithstanding.

2. WARRANT FOR REHEARING AFTER DECREES PRONOUNCED IN ABSENCE.- Where a decree has been pronounced in absence of the defender, or where absolvitor has passed in absence of the pursuer, a copy of the warrant for rehearing, being served upon the other party personally, or left at the dwelling place of such party, in the manner and upon the induciæ herein-before prescribed regarding the service of a complaint, shall be an authority for rehearing the cause.

3. WARRANT OR DECREE ISSUED IN ONE COUNTY MAY BE ENFORCED in another. Any warrant or decree to be obtained in any such cause as aforesaid may be enforced by a constable either in the county in which the same has been issued, or in any other county or counties; provided that, when enforced in any other county, the warrant or decree or extract thereof shall first be endorsed by the clerk or depute clerk of the peace of such other county, who is hereby required to make such endorsement, on payment of a fee not exceeding one shilling.

4. CONSTRUCTION OF RECITED ACT.-The said recited Act shall continue in full force and effect, excepting in so far as the same is hereby altered and amended.

[S. 5 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

The honourable her Majesty's justices of the peace for the shire [or stewartry]

of

Το

officers of court, jointly and severally.

Whereas it is humbly complained to us by C.D., [designation,] that E.F., [designation,] defender, is owing to the complainer the sum of

which the said defender refuses or delays to pay; and therefore the said defender ought to be decerned and ordained to make payment to the complainer with expences: Therefore it is our will, that on sight hereof ye lawfully summon the said defender to compear before us, or any two or more of us, in the

at

at

, upon the day of of the clock noon, to answer at the complainer's instance in the said matter, with certification, in case of failure, of being held as confessed; requiring you also to deliver to the defender a copy of any account, document of debt, or state of the demand pursued for; and that ye cite witnesses and havers for both parties to compear at the said place and date, to give evidence in the said matter as accords of law. Given under the hand of the clerk of court, at

day of

eighteen hundred and

Citation for Defender.

years.

the

J.P., clerk, [or depute clerk.]

E.F., defender above designed, you are hereby summoned to appear and answer before the justices in the matter, and at the time and place, and under the certification, set forth in the above copy of the complaint, against you. This notice served upon the

THE SCHOOL SITES ACT, 1849 (Short Titles Act, 1896).

AN ACT to extend and explain the Provisions of the Acts for the granting of Sites for Schools.

[28th July 1849.]

[Preamble recites 4 & 5 Vict. c. 38; 7 & 8 Vict. c. 37.]

1. APPORTIONMENT OF Rents AND FINES WHERE PART ONLY OF LANDS UNDER LEASE IS CONVEYED-4 & 5 VICT. c. 38.-If part only of any lands comprised in a lease for a term of years unexpired shall be conveyed or agreed to be conveyed for the purposes of the School Sites Act, 1841, the rent payable in respect of the lands comprised in such lease, and any fine certain or fixed sum of money to be paid upon any renewals thereof, or either of such payments, may be apportioned between the part of the said lands so conveyed or agreed to be conveyed and the residue thereof; and such apportionment may be settled by agreement between the parties following, that is to say, the lessor or other the owner, subject to such lease, of the lands comprised therein, the lessee or other the party entitled thereto by virtue of such lease or any assignment thereof for the residue of the term thereby created, and the party to whom such conveyance as aforesaid for the purposes of the School Sites Act, 1841, is made or agreed to be made; and when such apportionment shall so be made it shall be binding on all under-lessees and other persons and corporations whatsoever, whether parties to the said agreement or not. 2. LIABILITIES OF TENANTS, AND REMEDIES OF LANDLORDS, AS TO THE LANDS NOT CONVEYED. In case of any such apportionment as aforesaid, and after the lands so conveyed or agreed to be conveyed as aforesaid shall have been conveyed, the lessee, and all parties entitled under him to the lands comprised in the lease not included in such conveyance, shall, as to all future accruing rent, and of all future fines certain or fixed sums of money to be paid upon renewals, be liable only to so much of the rent, and of such fines or sums of money, as shall be apportioned in respect of such lastmentioned lands; and the party entitled to the rent reserved by the lease shall have all

the same rights and remedies for the recovery of such portion of the rent as last aforesaid as previously to such apportionment he had for the recovery of the whole rent reserved by such lease; and all the covenants, conditions, and agreements of such lease, except as to the amount of rent to be paid, and of fines or sums of money to be paid upon renewals, in case of any apportionment of the same respectively, shall remain in force with regard to that part of the land comprised in the lease which shall not be so conveyed as aforesaid, in the same manner as they would have done in case such part only of the land had been included in the lease.

3. LIMITATION OF LAND to be granted in same ParISH.-[Recital of 4 & 5 Vict. c. 38, s. 9] Nothing in the said Act contained shall prevent any person or corporation from granting any number of sites for separate and distinct schools in the same parish, provided the aggregate quantity of land granted by such person in the same parish shall not exceed the extent of one acre.

4. SITES FOR SCHOOLS FOR INSTRUCTION OF MASTERS, &c. OF ELEMENTARY SCHOOLS. [Recital] It shall be lawful for all persons, being absolute owners or tenants in tail in possession, to grant, convey, or enfranchise, by way of gift, sale, or exchange, any quantity of land, not exceeding in the whole five acres, to any corporation sole or aggregate, or to several corporations sole, or to any trustees whatsoever, to be held, applied, and used by such corporation or corporations or trustees in and for the erection of school buildings and premises thereon for the purpose or educating and instructing, and of boarding during the time of such education and instruction, persons intended to be masters or mistresses of elementary schools for poor persons, and for the residence of the principal or master or mistress and other officers of such institution; and such gift, sale, or exchange shall be and continue valid, if otherwise lawful, although the donor or grantor shall die within twelve calendar months from the execution thereof: Provided always, that it shall be lawful for the trustees of such school buildings and premises to allow the same to be applied and used, concurrently with the education and instruction of such masters or mistresses, for the purpose of boarding other persons, and of educating and instructing the said persons in religious and useful knowledge.

5. POWER TO CONVEY TO CORPORATIONS AS TRUSTEES.-And whereas the absolute owners of land may grant, subject to the regulations and provisions prescribed by the statutes in such behalf, any quantity of such land to trustees, to be held upon charitable purposes; and it would be beneficial that they should be authorized to exercise such power in respect of lands granted for the sites or for the endowment of the last-mentioned schools, or of schools for poor persons, by vesting the same so as to secure it permanently for the purpose of the trust, without the necessity of subsequent renewals of the deeds of trust: Be it therefore enacted, that where any such person shall be lawfully entitled to convey an estate in land to trustees, to hold the same upon any charitable use, and shall be desirous of conveying the same for the purposes of the Acts herein-before referred to, or this Act, or for the endowment of such schools, such person may grant and convey the same to any corporation or corporations as aforesaid, to be held in trust for such purposes, whatever may be the quantity of land or extent of the estate so to be granted and conveyed.

6. CONVEYANCES OF COPYHOLDS.-Where land of copyhold or customary tenure shall have been or shall be granted for the purposes of the said Acts, the conveyance of the same by any deed wherein the copyholder shall grant and convey his interest, and the lord shall also grant his interest, shall be deemed to be valid and sufficient to vest the freehold interest in the grantee or grantees thereof without any surrender or admittance or enrolment in the lord's court.

7. INTERPRETATION-4 & 5 VICT. c. 38.-Except in cases where there shall be something in the subject or context repugnant to such construction, words occurring in this Act and the above-recited Acts importing the singular number shall include the plural number, and words importing the plural number shall include the singular number; and words importing the masculine gender only shall include females; and the word "land" shall include messuages, houses, lands, tenements, hereditaments, and heritages, of every tenure; and the word "lease" shall include an under-lease, agreement for a lease, and missive of lease; and the word "owner" shall include any person or corporation enabled under the provisions of the School Sites Act, 1841, to convey lands for the purposes thereof.

[S. 8 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

CHAPTER LI.

THE JUDICIAL FACTORS ACT, 1849 (Short Titles Act, 1896).

AN ACT for the better Protection of the Property of Pupils, absent Persons, and Persons under Mental Incapacity in Scotland. [28th July 1849.]

[Preamble recites Act of Sederunt of 13th February 1730.]

1. INTERPRETATION OF TERMS IN THIS ACT.-The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,) the expression "judicial factor" or factor" shall mean factor loco tutoris, factor loco absentis, and curator bonis; the word "tutor" shall mean any person who after the passing of this Act shall be served tutor of law to any pupil, or be appointed tutor-dative to any pupil or insane person or idiot; the word "curator" shall mean any person who after the passing of this Act shall be served as curator to any insane person or idiot; the word "accountant" shall mean the accountant of the Court of Session, to be appointed under the authority of this Act; the expression "lord ordinary" shall mean the lord ordinary of the Court of Session discharging the duties of junior lord ordinary in time of session, and the lord ordinary on the bills in the time of vacation; the expression "Court of "Session" or "court" shall, excepting as to the power of passing acts of sederunt, mean either division of the Court of Session; the word "estate" shall include all property and funds, and all rights heritable and moveable; the word "lands" shall include all heritable subjects; words used in the singular number shall be held to include several persons or things; and words importing the masculine gender shall extend and be applied to females as well as males.

2. JUDICIAL FACTOR TO FIND CAUTION.-Every judicial factor shall, within such time after his appointment as the court shall direct, find caution for his duly accounting for his intromissions and management, and observing and performing every duty -incumbent upon him as factor, in terms of the rules prescribed or to be prescribed for the discharge of his office, and in case of his failure to do so his appointment shall fall; and no factor shall enter upon the duties of his office, nor shall an extract of his appointment be issued, until after such caution is found and received as sufficient; and the factor shall extract his appointment without delay.

3. DOCUMENTS AND ACCOUNTS TO BE LODGED BY JUDICIAL FACTOR.-Every judicial factor shall, as soon as may be after extracting his appointment, and within six months at latest from the date on which his bond of caution shall have been received, lodge with the accountant a distinct rental of all lands committed to his management, specifying the rents, revenues, and profits of such lands, the existing leases and other rights affecting the lands, and the public burdens and other burdens thereon, and a list of all monies and funds belonging and debts due to the estate, specifying the particulars of each item, and the interest or revenue arising from the same, the document by which the same is vouched, and the nature and value of any security held for the same, and also an inventory of any household furniture, farm stocking, goods, or moveables, including rights moveable, forming part of the estate; and he shall, without delay, after extracting his appointment, recover all writs and documents of importance belonging to the estate, and collect all monies due to the same not securely invested, and use all reasonable diligence in ascertaining the exact nature and amount of the estate placed under his charge; and he shall produce all such writs and documents, and information so obtained by him, along with the said rental, list of funds, and inventory, to the accountant; which rental, list, and inventory, when adjusted and approved of by the accountant, shall be signed by him and the factor, and shall form a ground of charge against the factor; and if at any time thereafter any new claims or property belonging to the estate shall be discovered, the factor shall report the same in his next account of charge and discharge to the accountant, who shall make such alteration on the rental, list, and inventory as may be thereby rendered necessary.

4. FACTOR TO CLOSE HIS ACCOUNTS ONCE A YEAR.-The factor shall close his account of charge and discharge once in every year, on a day to be fixed by the accountant, and within one month thereafter shall lodge such account in the office of the accountant, 321

S.S.R. III.

21

with the vouchers numbered, and referred to in the account by number: Provided always, that it shall be competent for the accountant, on cause shown, to prorogate the time for lodging such accounts and vouchers, but in no case shall such prorogation extend beyond three months from the day fixed for the closing of the accounts.

5. FACTOR TO LODGE MONIES IN ONE BANK; AND TO BE CHARGED WITH INTEREST ON MONIES KEPT IN HIS HANDS.-The factor shall lodge the money in his hands in some one of the banks in Scotland established by Act of Parliament or royal charter, in a separate account or on deposit, such account or deposit being in his own name as judicial factor on the estate, and if the factor shall keep in his hands more than fifty pounds of money belonging to the estate for more than ten days, he shall be charged with a sum to the estate at the rate of twenty pounds per centum per annum on the excess of the said sum of fifty pounds for such time as it shall be in his hands beyond the said ten days; and, unless the money had been so kept from innocent causes, the factor shall be dismissed from his office, and shall have no claim for commission.

6. PENALTIES ON FACTOR FOR MISCONDUCT.-If the factor shall misconduct himself, or fail in the discharge of his duty, he shall be liable to such fine, and to the forfeiture of the whole or any part of his commission, and to suspension or removal from his office as factor, and to payment of expences, or to any one or more of such penalties as the court in its discretion shall decide; and that over and above such further liability as he may be subject to as accords of law, in reparation of any loss or damage sustained by the estate in consequence of such misconduct or failure.

7. SPECIAL POWERS FOR MANAGEMENT OF ESTATE-10 GEO. 3, c. 51, 11 & 12 VICT. c. 36. If at any time it shall appear to the factor that there is a strong expediency for granting abatement of rent, either temporarily or permanently, or for renewing or granting a lease for a period of years, or for draining, or for erecting buildings or fences, or for otherwise improving the estate in a manner not coming within the ordinary course of factorial management, he shall report the same to the accountant, who may order any necessary inquiry, and shall state his opinion thereon in writing; and such report and opinion may be submitted by the factor to the lord ordinary, with a note praying for the sanction of the Court to the measure proposed; and the lord ordinary shall, with or without further inquiry, report the matter to the court, who, if they consider it expedient and consistent with due regard to the amount of the estate at the time, may sanction the measure, and the decison of the court shall be final, and not subject to appeal; and if the estate be held under entail, it shall be lawful to the court to authorize the factor to take proceedings for constituting as a charge against the future heirs of entail, or otherwise recovering, the money expended in making any improvements upon the estate, under and in terms of the Entail Improvement Act, 1770, and under and in terms of the Entail Amendment Act, 1848; but nothing herein contained shall be held as conferring power on the court to authorize the factor to build or enlarge a mansion house upon the estate, or to charge the estate and future heirs of entail to a greater extent than one half the amount with which the heir in possession, if under no incapacity to act, could have charged the estate under the said Acts, or either of them; and if any factor having charge of the estate of any lunatic or other person incapable of managing his own affairs shall deem it proper for the comfort or welfare of such person that the whole or a part of such estate should be sunk on annuity, he shall report the matter to the accountant, who shall state his opinion thereon in writing, and such report and opinion shall be submitted by the factor, with a note as aforesaid, to the lord ordinary, who shall report the matter to the court, and it shall be in the power of the court to sanction the measure, and the decision of the court shall be final, and not subject to appeal; and in all other matters in which special powers are, according to the existing practice, in use to be granted by the court, the court shall have power to grant the same in like manner and form as is above provided.

8. BEFORE SPECIAL POWERS, &C. ARE GRANTED, COURT TO ORDER INTIMATION TO BE MADE. In all cases in which application shall be made to the lord ordinary or the court, by any factor or other person having right to make the same, for special powers, or for the extraordinary application of money or funds or property belonging to any estate, the lord ordinary or court shall order such intimation to be made as may be deemed proper.

[S. 9 (as to appointment of officer to be called Accountant of the Court of Session) rep. 52 & 53 Vict. c. 39, s. 1.]