CHAPTER LVI. THE CROWN LANDS ACT, 1853 (Short Titles Act, 1896). AN ACT to facilitate the Redemption of certain Charges on the Hereditary Possessions and Land Revenues of the Crown, and to make other Provisions in regard to the Management of such Hereditary Possessions and Land Revenues.1 [4th August 1853.] 1 S. 5 of this Act is extended to Scotland by 57 & 58 Vict. c. 43, s. 11. 5. PROVISION FOR SETTLEMENT OF DISPUTED CLAIMS OF THE CROWN TO REAL OR PERSONAL PROPERTY, &c.-PROVISION FOR DISCHARGE OF DEBts due to the Hereditary LAND REVENUES WHICH ARE IRRECOVERABLE-10 GEO. 4, c. 50.-The Commissioners of Woods, or either of them, may, with the consent of her Majesty, to be signified in writing under the Royal Sign Manual, and of the Treasury, to be signified by warrant, make such arrangements as may be from time to time considered expedient for the adjustment or settlement of any doubtful or disputed rights or claims of the Crown in or to any real or personal property or any forestal right, the management or control whereof would, if such rights or claims were established in favour of the Crown, be vested in or devolve upon the Commissioners of Woods; and in making any such arrangement it shall be lawful for the same commissioners or either of them (with such consents as aforesaid) either to give up or relinquish the rights or claims of the Crown to any portion or portions of any such real or personal property or forestal right, or to accept on behalf of her Majesty any lands, tenements, or hereditaments, or any sum or sums of money, in lieu and satisfaction of such rights or claims generally; and it shall also be lawful for the Commissioners of Woods, or either of them, (with the like consents) to enter into any agreement for the payment from time to time to any person or persons of any rents or other profits to be derived from, or any purchase monies to be received on account of the sale of, any such real or personal property or forestal right as aforesaid, or any portion thereof respectively; and any person claiming to be entitled in possession, either for life or for any greater estate, and either at law or in equity, to the rents and profits or the interest or income or the use and enjoyment of any such real or personal property or forestal right as aforesaid may enter into any agreement with either of the Commissioners of Woods for any of the purposes aforesaid; and when any deed, agreement, or writing effecting or purporting to effect any such arrangement as aforesaid shall have been enrolled in the Office of Land Revenue Records and Enrolments, the same shall be binding and conclusive on all parties in anywise interested or claiming to be interested; and such enrolment shall be sufficient evidence of the arrangement purported to be effected by any such deed or writing being authorized by this Act, and of the provisions of this Act having been complied with. When it shall be made to appear to the Treasury that any debt or sum or sums of money due or claimed to be due either to the capital or to the income of the hereditary land revenues of the Crown under the management or control of the Commissioners of Woods is or are irrecoverable, either in whole or in part, or that it is inexpedient to take proceedings for the recovery of the same or of any part thereof, it shall be lawful for the Treasury, from time to time, by any order, to direct that such debt or sum or sums of money shall, either in whole or in part, be released or discharged, either absolutely or subject to such conditions as may be thought expedient; and any such order shall, when enrolled in the Office of Land Revenue Records and Enrolments, either by the deposit of a duplicate thereof or otherwise, if the same shall relate to the hereditary possessions and land revenues of the Crown in England and Wales, or, if the same shall relate to the hereditary possessions and land revenues of the Crown in Ireland when the same shall be enrolled in pursuance of the provisions to that effect contained in the Crown Lands Act, 1829, be binding and conclusive: Provided always, that no debt, sum or sums of money, due to the capital of the land revenue of the Crown shall be released or discharged without the consent of her Majesty, to be from time to time signified in writing under the Royal Sign Manual: Provided also, that when any proceedings at law or in equity shall have been commenced by her Majesty's Attorney General for England or Ireland, as the case may be, for the purpose of establishing the title of her Majesty to or recovering any such real or personal property or forestal right, or such debt or sum of money, as aforesaid, or when any petition of right shall have been presented to her Majesty touching or concerning any real or personal property or forestal right of or to which her Majesty may claim to be seised or entitled, any arrangement for the settlement of the matter in difference, or any such discharge as aforesaid, shall be subject to the approval of the Attorney General for the time being of England or Ireland, as the case may be. CHAPTER LIX. THE STAMP ACT, 1853 (Short Titles Act, 1896). AN ACT. to amend the Laws relating to Stamp Duties, and to make perpetual certain Stamp Duties in Ireland. [4th August 1853.] Title in part rep. 55 & 56 Vict. c. 19 (S.L.R.). [Preamble.] [Ss. 1-7 rep. 33 & 34 Vict. c. 99.] 8. ADDITIONAL INVENTORIES IN SCOTLAND TO BE CHARGEABLE WITH ADDITIONAL DUTIES ONLY. And whereas by an Act passed in the forty-eighth year of the reign of King George the Third, chapter one hundred and forty-nine, section thirty-eight, persons intromitting with or entering upon the possession or management of any personal or moveable estate or effects in Scotland of any person dying are required to exhibit a full and true inventory, duly stamped, to be recorded as in the said Act is provided, of all the personal or moveable estate and effects of the deceased already recovered or known to be existing; and if at any subsequent period a discovery shall be made of any other effects belonging to the deceased, an additional inventory of the same is in like manner to be exhibited and recorded: Every such additional inventory to be made and recorded as aforesaid shall be chargeable only with such amount of stamp duty as, together with the stamp duty charged upon any former duly stamped inventory of the estate and effects of the same deceased person already exhibited and recorded, shall make up the full amount of stamp duty chargeable by law in respect of the total amount or value of all the estate and effects of the said deceased specified in the said additional and any such former inventory. S. 8 in part rep. 55 & 56 Vict. c. 19 (S.L.R.). [Ss. 9-16, 18 rep. 33 & 34 Vict. c. 99. S. 17 rep. 53 & 54 Vict. c. 21, s. 40.] 19. DRAFTS ON BANKERS PAYABLE TO ORDER On demand, and ENDORSED BY PAYEES, SHALL BE SUFFICIENT Authority FOR PAYMENT, &c.-Provided always, that any draft or order drawn upon a banker for a sum of money payable to order on demand, which shall, when presented for payment, purport to be endorsed by the person to whom the same shall be drawn payable, shall be a sufficient authority to such banker to pay the amount of such draft or order to the bearer thereof; and it shall not be incumbent on such banker to prove that such endorsement, or any subsequent endorsement, was made by or under the direction or authority of the person to whom the said draft or order was or is made payable either by the drawer or any endorser thereof. [S. 20 applies to Ireland exclusively. Sched. rep. 33 & 34 Vict. c. 99.] CHAPTER LXIII. THE BANKERS' COMPOSITION (SCOTLAND) ACT, 1853 (Short Titles Act, 1896). [Whole Act except s. 7 rep. 33 & 34 Vict. c. 99.] 7. TREASURY MAY COMPOUND WITH BANKERS IN SCOTLAND FOR THE STAMP DUTIES ON THEIR PROMISSORY NOTES, &c.-[Recital] It shall be lawful for the Commissioners of Her Majesty's Treasury to compound and agree with .. all or any bankers in Scotland, or elsewhere, respectively, for a composition in lieu of the stamp duties payable on the promissory notes of the said bankers payable to the bearer on demand, as well as for stamps payable on their bills of exchange; and such composition shall be made on such terms and conditions, and with such security for the payment of the same, and for keeping, producing, and rendering of such accounts, as the said commissioners may deem to be proper in that behalf; and upon such composition being entered into by such bankers it shall be lawful for them to issue and re-issue all notes and to draw all such bills for which such composition shall have been made on unstamped paper, anything in any Act contained to the contrary notwithstanding. S. 7 in part rep. 55 & 56 Vict. c. 19 (S.L.R.). CHAPTER LXVII. THE LICENSING (SCOTLAND) ACT, 1853 (Short Titles Act, 1896). AN ACT for the better Regulation of Public Houses in Scotland. [Preamble recites 9 Geo. 4, c. 58.] [15th August 1853.] [S. 1 (providing that no certificate for exciseable liquors to be drunk on the premises shall be granted unless with express condition that no groceries or other provisions, to be consumed elsewhere, be sold on the premises) rep. 55 & 56 Vict. c. 19 (S.L.R.).] 2. GROCERS MAY OBTAIN CERTIFICATES FOR THE Sale of Porter, Spirits, &c. not TO BE CONSUMED ON THE PREMISES.-Provided always, that nothing herein contained shall prevent any person or persons obtaining a certificate1 as a grocer, for the sale of porter, ale, beer, cyder, or perry, or wines, spirits, and other exciseable liquors, by retail, but not to be consumed on the premises, at the same rate as is exigible for a certificate for a public house. S. 2 in part rep. 55 & 56 Vict. c. 19 (S.L.R.). 1 For form of certificate see 25 and 26 Vict. c. 35. Sched. A. No. 3. [Ss. 3, 4 rep. 38 & 39 Vict. c. 66 (S.L.R.) S. 5 rep. 55 & 56 Vict. c. 19 (S.L.R.).] 6. NO CERTIFICATE to be GRANTED TO BLACKSMITHS.-It shall not be lawful for the justices of the peace for any shire, or the magistrates of any royal burgh, to grant to any blacksmith at his smithy, or at any house occupied by him in the immediate vicinity of the same, any certificate to sell wine, beer, spirits, or other exciseable liquors, anything in any Act of Parliament to the contrary notwithstanding. S. 6 in part rep. 55 & 56 Vict. c. 19 (S.L.R.). [S. 7 rep. 38 & 39 Vict. c. 66 (S.L.R.).] 8.1 LICENSES.-In lieu of the present licences charged for the sale of beer and spirits in Scotland, the following licences shall be charged : DUTIES. Every person who shall be duly authorized by the justices of the peace to keep an inn, and who shall sell beer, cyder, or perry by retail (whether to be drank or consumed on the premises or not), if the dwelling house in which such person shall reside or retail beer, cyder, or perry at the time of taking out such licence shall not, together with the offices, courts, yards, and gardens therewith occupied, be rated, under the authority of any Act or Acts of Parliament for granting duties on inhabited houses, at a rent of L.10 per annum or upwards, or shall not be rented or valued at such rent or annual value, or upwards £ 8 d. 2 10 0 4 4 0 And if rated, rented, or valued as aforesaid at L.10 per annum or upwards Every retailer of spirits, if the dwelling house in which such retailer shall reside or retail such spirits (whether to be drank or consumed on the premises or not) at the time of taking out such licence shall not, together with the offices, courts, yards, and gardens therewith occupied, be rated, under the authority of any Act or Acts of Parliament for granting duties on inhabited houses, at a rent of L.10 per annum or upwards, or shall not be rented or valued at such rent or annual value or upwards, (and which rates of licence duty shall be deemed to apply to the sale of beer together with spirits where the party obtaining such licence shall have the justice's certificate or authority to sell both) If rated at L.10 and under L.20 1 Ss. 8, 9 are rep. 55 & 56 Vict. c. 19 (S.L.R.); but this repeal is declared to be of no effect so far as these sections are required for the purpose of giving effect to s. 2 of this Act, 60 and 61 Vict. c. 24, s. 7. 9.1 DUTIES TO BE UNDER MANAGEMENT OF INLAND REVENUE COMMISSIONERS, AND PROVISIONS OF EXCISE ACTS TO APPLY THERETO.-The said duties by this Act granted and made payable on such licences as aforesaid shall be under the management of the Commissioners of Inland Revenue, and shall be charged, raised, levied, collected, paid, and applied in such and the like manner as other duties of Excise on licences may by or under any Act or Acts in force be charged, raised, levied, collected, paid, and applied; and all and every the powers, provisions, clauses, regulations, fines, forfeitures, and penalties contained in or imposed by any such Act or Acts as aforesaid, in relation to any other duties of Excise on licences, shall, so far as the same are consistent with the express provision of this Act, and are not hereby repealed, be practised and put in execution in relation to the said duties hereby granted, as fully and effectually as if the same were repeated and re-enacted by this Act in reference to the said last-mentioned duties. 1 See note to s. 8. [Ss. 10-12 rep. 55 & 56 Vict. c. 19 (S.L.R.).] 13. 6 GEO. 4, c. 81, s. 16-LICENCES TO EXPIRE AT WHITSUNDAY NEXT FOLLOWING. And whereas under and by virtue of the Excise Licences Act, 1825, all Excise licences taken out by any person or persons who shall be duly authorized by justices of the peace to keep a common inn, alehouse, or victualling house, and who shall take out a licence for selling beer, cyder, or perry by retail, to be drunk or consumed in the house or premises, or for selling spirits or foreign wine, or mead or metheglin, are made to expire on the tenth day of October in each year; Be it therefore enacted, every such licence which shall be taken out in Scotland shall expire at that Whitsunday next after the granting thereof, anything in the Excise Licences Act, 1825, or in any other Act contained to the contrary thereof notwithstanding. S. 13 in part rep. 38 & 39 Vict. c. 66 (S.L.R.), and 55 & 56 Vict. c. 19 (S.L.R.). 15. PENALTY ON PERSONS SELLING SPIRITS WITHOUT CERTIFICATE, AND ON GROCERS, &c.-9 GEO. 4, c. 58.-Every person bartering or selling spirits without having obtained a certificate, and every dealer in groceries or other provisions to be consumed elsewhere than on the premises supplying, whether gratuitously or otherwise, spirits to be consumed on the premises, shall be deemed guilty of an offence, and shall for such offence forfeit and pay the penalties provided in the thirtieth section of the Licensing (Scotland) Act, 1828, and upon default of payment thereof as therein mentioned, be imprisoned as therein provided: Provided always, that any person who shall have been three times convicted of any offence against this Act shall be incapable of holding a licence for the sale of exciseable liquors in all time coming; and provided also, that every person who shall be convicted of bartering or selling spirits without having obtained a certificate shall, in default of immediate payment of the penalty imposed upon him for such offence, be liable, in the discretion of the sheriff, bailie, or justices by whom he shall be so convicted, to be immediately imprisoned as prescribed by the said thirtieth section of the said recited Act in the case of default of payment within four days after conviction. [S. 16 rep. 55 & 56 Vict. c. 19 (S.L.R.).] 17. INTERPRETATION OF TERMS.-In this Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say, The expression "public house" shall include a common inn, alehouse, victualling house, or other premises in which any exciseable liquors are sold by retail to be drunk or consumed in the premises in which the same are sold: The word "certificate" shall mean a certificate to a person to keep a public house in terms of the said recited Act and of this Act. S. 17 in part rep. 41 & 42 Vict. c. 79 (S. L.R.), and 55 & 56 Vict. c. 19 (S.L.R.). The schedule was rep. by 38 and 39 Vict. c. 66 (S.L.R.), but so much as is printed was revived by 41 & 42 Vict. c. 79 (S. L.R.) |