3. RECORD OF ACCOUNTS IN THE LAND REVENUE RECORD OFFICE TO HAVE THE SAME EFFECT AS ENROLMENT, &C. IN OFFICE OF REMEMBRANCER OF EXCHEQUER.—Where the rents, revenues, issues, or profits of any manors, lands, tenements, tithes, or hereditaments are or shall be specified or mentioned in the record of such accounts in the said office of the land revenue records and enrolments, such rents, revenues, issues, and profits shall be holden to be duly in charge by to or with the auditor or auditors or other proper officer or officers of the revenue records and enrolments shall be as valid and effectual, and shall be deemed to have the same effect and legal incidents, as the enrolment and record of such accounts in the office of her Majesty's remembrancer of the Court of Exchequer, or in any other office, or before or with any officer of any other court of record of law or equity of the United Kingdom of Great Britain and Ireland, or before or with any auditor or auditors or other officer or officers of the revenue. [S. 4 rep. 37 & 38 Vict. c. 96 (S.L.R.).]

CHAPTER XCV.

THE SALMON FISHERIES (SCOTLAND) ACT, 1844 (Short Titles Act,
1896).

AN ACT to amend an Act of the Ninth Year of King George the Fourth, for the Preservation of the Salmon Fisheries in Scotland.

[Preamble recites 9 Geo. 4, c. 39.]

[9th August 1844.]

1. PERSONS UNLAWFULLY FISHING FOR SALMON LIABLE TO PENALTY.-If any person not having a legal right or permission from the proprietor of the salmon fishery shall wilfully take, fish for, or attempt to take, or aid or assist in taking, fishing for or attempting to take, in or from any river, stream, lake, water, estuary, firth, sea loch, creek, bay, or shore of the sea, or in or upon any part of the sea within one mile of low-water mark, in Scotland, any salmon, grilse, sea trout, whitling, or other fish of the salmon kind, such person shall forfeit and pay a sum not less than ten shillings and not exceeding five pounds for each and every such offence, and shall, if the sheriff or justices shall think proper, over and above, forfeit each and every fish so taken, and each and every boat, boat tackle, net, or other engine used in taking, and fishing for, or attempting to take fish as aforesaid; and it shall be lawful for any person employed in the execution of this Act to seize and detain all fish so taken, and all boats, tackle, nets, and other engines so used, and to give information thereof to the sheriff or any justice of the peace and such sheriff or justice may give such orders concerning the immediate disposal or the same as may be necessary.

2. PROVISIONS OF RECITED ACT EXTENDED TO THIS ACT.—The regulations as to the recovery and application of penalties and the apprehension of offenders, and all other enactments and provisions of the said recited Act, shall extend and apply to what is herein-above enacted, and this Act shall be construed and applied in the same manner and in all respects as if it had formed part of the said recited Act.

3. SAVING RIGHTS OF PROPRIETORS.-Nothing herein contained shall be construed as depriving any proprietor of salmon fishery of any right now by law vested in such. proprietor to prevent any person from fishing either within or beyond the limits specified in this Act.

4. SAVING RIGHTS OF THE CROWN.-Nothing herein contained shall affect the rights or property of the crown.

AN ACT

8 & 9 VICTORIA, 1845.

CHAPTER XV.

THE AUCTIONEERS ACT, 1845 (Short Titles Act, 1896).

to impose a new Duty on the Licence to be taken out by all [8th May 1845.]

Auctioneers in the United Kingdom.

Title in part rep. 54 & 55 Vict. c. 67 (S.L.R.).

[Preamble recites 6 Geo. 4, c. 81; 43 Geo. 3, c. 69; 45 Geo. 3, c. 30;

54 Geo. 3, c. 82.]

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

2. NEW DUTY ON AUCTIONEERS' LICENCES.-There shall be raised, levied, collected and paid to her Majesty the following annual sum or duty of excise; (that is to say,) for and upon every licence to be taken out by every person exercising or carrying on the trade or business of an auctioneer in any part of the United Kingdom the sum of ten pounds.

S. 2 in part rep. 54 & 55 Vict. c. 67 (S.L.R.).

3. NEW DUTY TO BE RECOVERABLE, &C. UNDER THE PROVISIONS OF THIS AND OTHER EXCISE ACTS. The said duty hereby imposed shall be under the management of the commissioners of excise, and shall be collected, paid, and accounted for in the same manner as other the duties of excise, and shall be charged, raised, levied, sued for, and paid under the provisions of this Act, and the general or special provisions, clauses, enactments, regulations, pains, penalties, and forfeitures, contained in any Act or Acts relating to the collection and management of the revenue of excise; and all penalties by this Act imposed shall be prosecuted, recovered, and applied as any other penalties under the laws of excise.

4. LICENCES TO BE TAKEN OUT BY AUCTIONEERS, &C. AND TO BE RENEWED ANNUALLY. -Every person who exercises or carries on the trade or business of an auctioneer, or who acts in such capacity at any sale or roup, and every person who sells or offers for sale any goods or chattels, lands, tenements, or hereditaments, or any interest therein, at any sale or roup where any person or persons become the purchaser of the same by competition, and being the highest bidder, either by being the single bidder or increasing upon the biddings made by others, or decreasing on sums named by the auctioneer or person acting as auctioneer, or other person at such sale, or by any other mode of sale by competition, shall (except as herein-after in this Act mentioned) be deemed to carry on the trade or business of an auctioneer, and shall be required to take out such licence as by this Act directed; and every such licence shall be renewed annually ten days at least before the expiration thereof, on the fifth day of July in each and every year; and every auctioneer having had such a licence who continues to carry on the trade or business of an auctioneer in the year next ensuing the expiration thereof, and omits to renew the same as aforesaid, and every person who carries on the trade or business of an auctioneer as aforesaid without taking out such licence as by this Act directed, shall (except as herein-after in this Act mentioned) forfeit one hundred pounds: Provided always, . . that on every such licence taken out after the said fifth day of July, at whatever period of the year, the full duty of excise by this Act imposed shall be paid, any other Act or Acts to the contrary thereof notwithstanding.

S. 4 in part rep. 38 & 39 Vict. c. 66 (S.L.R.).

5. AUCTIONEER'S LICENCE NOT NECESSARY IN CERTAIN CASES-6 GEO. 4, c. 48; 7 WILL. 4 & 1 VICT. c. 41.-It shall not be necessary for any person selling any goods or chattels by auction in any of the cases herein-after mentioned to take out the licence by this Act required: Any person selling any goods or chattels by auction under a distress for nonpayment of rent or tithes to less amount than twenty pounds; or under authority of the Justices of the Peace Small Debt (Scotland) Act, 1825;

or

under authority of the Small Debt (Scotland) Act, 1837; or under authority of any other Act or Acts of Parliament now in force in which the like exemption as by the Act specified is given to the proper officer of court executing the process of such court to sell the effects seized by him by auction without taking out or having any licence as an auctioneer, provided the sum for which such process is enforced is under twenty pounds. S. 5 in part rep. 38 & 39 Vict. c. 66 (S. L. R.).

6. REPEAL OF ENACTMENTS REQUIRING SEPARATE LICENCES FOR SALE OF PLATE, PATENT MEDICINES, OR OTHER ARTICLES.-[Section 8 of 6 Geo. 4, c. 81, and] so much of any other Act or Acts of Parliament by which it is required that a separate and distinct licence shall be taken out by any auctioneer selling by auction gold or silver plate, or patent medicines, or any other articles, are hereby repealed; and any auctioneer having at the time in force a licence on which the duty under the provisions of this Act has been paid may sell by auction any such property, goods, or commodities, without taking out any other licence in such respect, any other Act or Acts to the contrary thereof notwithstanding.

S. 6 in part rep. 38 & 39 Vict. c. 66 (S. L. R.).

7. AUCTIONEER, BEFORE COMMENCING ANY SALE, SHALL AFFIX OR SUSPEND A TICKET OR BOARD CONTAINING HIS FULL CHRISTIAN AND SURNAME and Place of Residence.— Every auctioneer, before beginning any auction, shall affix or suspend, or cause to be affixed or suspended, a ticket or board, containing his true and full christian and surname and residence painted, printed, or written in large letters publicly visible and legible, in some conspicuous part of the room or place where the auction is held, so that all persons may easily read the same, and shall also keep such ticket or board so affixed or suspended during the whole time of such auction being held; and if any auctioneer begins any auction, or acts as auctioneer at any auction, in any room or place where his name and residence is not so painted or written on a ticket or board so affixed or suspended, and kept affixed or suspended as aforesaid, he shall forfeit for every such offence the sum of twenty pounds.

8. LICENCE TO BE PRODUCED ON DEMAND, OR A DEPOSIT OF TEN POUNDS MADE, ON PAIN OF ONE MONTH'S IMPRISONMENT, &c.-If any person acting as an auctioneer, and by this Act required to take out a licence as a person exercising or carrying on the trade or business of an auctioneer, does not at the time of any sale by auction, on demand of any officer of excise or customs, or any officer of stamps and taxes, produce and show to such officer a proper licence to him granted under this Act, and then in force, or does not immediately deposit with such officer the sum of ten pounds, every such person may be arrested and detained by any officer of the peace as herein-after mentioned; and every officer of the peace shall, at the request of any such officer as first aforesaid, at the termination of such sale, or sooner if convenient. arrest and convey such person before some one of her Majesty's justices of the peace of the county or place where such sale has been held, and such justice shall examine into the fact or facts charged, and upon proof, either by confession of the party offending or by the oath of one or more credible witness or witnesses, (which oath the said justice is hereby empowered to administer), that the person so brought before him did act as an auctioneer as aforesaid, and did not produce such licence, or deposit such sum of money as aforesaid, shall, by warrant under his hand, commit such offender to the common gaol or house of correction for the county or place where the said sale has been held, for any time not exceeding one calendar month from the day of such commitment; and no such imprisonment, nor the deposit of such sum of money as aforesaid, shall in any manner prejudice or affect any proceedings afterwards instituted for recovery of the penalty incurred by such person for acting as an auctioneer at such sale as aforesaid without the licence by this Act directed; but if any person, having so deposited such sum of money as aforesaid, at any time before the expiration of one week from the date of such sale as aforesaid, produces to the officer with whom he deposited the same a proper licence to him granted and in force as an auctioneer before and at such sale, every such officer shall immediately thereupon repay to such person the full sum so deposited with him; if otherwise, every such officer shall at the expiration of the said week account for all such money to the commissioners of excise, or such person as they may appoint to receive the same.

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

CHAPTER XVII.

THE COMPANIES CLAUSES CONSOLIDATION (SCOTLAND) ACT, 1845. (Sec. 4.) AN ACT for consolidating in One Act certain provisions usually inserted in Acts with respect to the Constitution of Companies incorporated for carrying on Undertakings of a public Nature in Scotland. [8th May 1845.]

[Preamble.]

1. ACT TO APPLY TO ALL COMPANIES IN SCOTLAND INCORPORATED BY ACTS HEREAFTER TO BE PASSED.-This Act shall apply to every joint stock company in Scotland which shall by any Act of Parliament which shall hereafter be passed be incorporated for the purpose of carrying on any undertaking; and this Act shall be incorporated with such Act, and all the clauses and provisions of this Act save so far as they shall be varied or excepted by any such Act, shall apply to the company which shall be incorporated by any Act, and to the undertaking for carrying on which such company shall be incorporated, so far as the same shall be applicable thereto respectively; and such enactments and provisions, as well as the enactments and provisions of every other Act which shall be incorporated with such Act, shall, save as aforesaid, form part of such Act, and be construed together therewith as forming one Act.

INTERPRETATION.

2. "THE SPECIAL ACT: ""PRESCRIBED: ""THE UNDERTAKING."—And with respect to the construction of this Act, and of other Acts to be incorporated therewith, be it enacted as follows:

The expression "the special Act" used in this Act shall be construed to mean any Act which shall be hereafter passed incorporating or constituting a joint stock company for the purpose of carrying on any undertaking, and with which this Act shall be so incorporated as aforesaid; and the word "prescribed " used in this Act, in reference to any matter herein stated, shall be construed to refer to such matter as shall be prescribed or provided for in the special Act; and the sentence in which such word shall occur shall be construed as if instead of the word "prescribed" the expression "prescribed for that "purpose in the special Act" had been used; and the expression "the undertaking' shall mean the undertaking or works, of whatever nature, which shall by the special Act be authorized to be executed.

""

3. INTERPRETATIONS IN THIS AND THE SPECIAL ACT: NUMBER: GENDER: "LANDS: "LEASE: "MONTH: " แ "LORD ORDINARY : "SHERIFF: "OATH: "COUNTY: "JUSTICE: "Two JUSTICES: "THE COMPANY:" "DIRECTORS: ""SHAREHOLDER: "SECRETARY."-The following words and expressions both in this and the special Act shall have the several meanings hereby assigned to them unless there be something in the subject or the context repugnant to such construction; (that is to say,) Words importing the singular number only shall include the plural number; and words importing the plural number only shall include the singular number: Words importing the masculine gender only shall include females:

The word "lands" shall extend to houses, lands, tenements, and heritages, of any description or tenure :

The word "lease " shall include a missive or an agreement for a lease:

The word "month" shall mean calendar month:

The "lord ordinary" shall mean the lord ordinary of the court of session in Scotland officiating on the bills in time of vacation, or the junior lord ordinary, if in time of session, as the case may be :

The word "sheriff" shall include the sheriff substitute :

The word "oath " shall include affirmation in the case of Quakers, or other declaration lawfully substituted for an oath in the case of any other persons exempted by law from the necessity of taking an oath :

The word "county" shall include any ward or other like division of a county: The word "justice" shall mean justice of the peace acting for the county, city, or place where the matter requiring the cognizance of any such justice shall arise, and who shall not be interested in the matter; and where any matter shall be authorized or required to be done by two justices, the expression "two

"justices" shall be understood to mean two or more justices assembled and acting together:

The expression "the company" shall mean the company constituted by the special Act:

The expression "the directors" shall mean the directors of the company, and shall include all persons having the direction of the undertaking, whether under the name of directors, managers, committee of management, or under any other name : The word "shareholder" shall mean shareholder, proprietor, or member of the company; and in referring to any such shareholder expressions properly applicable to a person shall be held to apply to a corporation: And

The expression "the secretary" shall mean the secretary of the company, and shall include the word "clerk.'

4. SHORT TITLE.-In citing this Act in other Acts of Parliament and in legal instruments it shall be sufficient to use the expression "The Companies Clauses "Consolidation (Scotland) Act, 1845."

5. FORM IN WHICH PORTIONS OF THIS ACT MAY BE INCORPORATED WITH OTHER ACTS.— And whereas it may be convenient in some cases to incorporate with Acts hereafter to be passed some portion only of the provisions of this Act: Be it therefore enacted, that for the purpose of making any such incorporation it shall be sufficient in any such Act to enact that the clauses and provisions of this Act, with respect to the matter so proposed to be incorporated, (describing such matter as it is described in this Act in the words introductory to the enactment with respect to such matter,) shall be incorporated with such Act; and thereupon all the clauses and provisions of this Act with respect to the matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form part of such Act and such Act shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such Act shall relate.

DISTRIBUTION OF CAPITAL.

And with respect to the distribution of the capital of the company into shares, be it enacted as follows:

6. CAPITAL TO BE DIVIDED INTO SHARES.-The capital of the company shall be divided into shares of the prescribed number and amount; and such shares shall be numbered in arithmetical progression, beginning with number one; and every such share shall be distinguished by its appropriate number.

7. SHARES TO BE PERSONAL ESTATE. All shares in the undertaking shall be personal estate, and transmissible as such, and shall not be of the nature of real estate.

8. SHAREHOLDERS.-Every person who shall have subscribed the prescribed sum or upwards to the capital of the company, or shall otherwise have become entitled to a share in the company, and whose name shall have been entered on the register of shareholders herein-after mentioned, shall be deemed a shareholder of the company, and shall be entitled to have one share therein allotted to him in respect of every sum of the prescribed amount so subscribed by him.

66

9. REGISTRY OF SHAREHOLDERS.-The company shall keep a book, to be called the Register of Shareholders"; and in such book shall be fairly and distinctly entered, from time to time, the names of the several corporations, and the names and additions of the several persons, entitled to shares in the company, together with the number of shares to which such shareholders shall be respectively entitled, distinguishing each share by its number, and the amount of the subscriptions paid on such shares; and the surnames or corporate names of the said shareholders shall be placed in alphabetical order; and such book shall be authenticated by the common seal of the company being affixed thereto; and such authentication shall take place at the first ordinary meeting or at the next subsequent meeting of the company, and so from time to time at each ordinary meeting of the company.

10. ADDRESSES OF SHAREHOLDERS.-In addition to the said register of shareholders, the company shall provide a book, to be called the "Shareholders Address Book,” in which the secretary shall from time to time enter in alphabetical order the corporate names and places of business of the several shareholders of the company, being corporations, and the surnames of the several other shareholders, with their respective christian