37 & 38 Vict. c. 47. Short title. CHAPTER 40. An Act to remove doubts with respect to the application. to Scotland of the Prisons Authorities Act, 1874. [8th August 1878.] WHEREAS doubts exist with respect to the application to Scotland of the Prisons Authorities Act, 1874 (herein-after called the Act of 1874), and it is expedient that those doubts be removed: Be it therefore 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: 1. This Act may be cited as the Prisons Authorities Act, 1874, 37 & 38 Vict. Amendment Act, 1878, and the Act of 1874 and this Act shall be read and construed together as one Act. c. 47. Interpretation of expression "prison authority." 37 & 38 Vict. c. 47. 40 & 41 Vict. c. 53. c. 118. 35 & 36 Vict. c. 21. 2. The expression "prison authority," where used in the Act of 1874, shall be deemed to include county prison boards in Scotland as such boards existed previous to the passing of the Prisons (Scotland) Act, 1877; and any moneys borrowed or contracted to be borrowed before the passing of this Act by the county prison board of any county in Scotland for the purpose of contributing towards the expense of altering, enlarging, rebuilding, establishing, building, or purchasing the site of any industrial or reforma29 & 30 Vict. tory school under the Industrial Schools Acts, 1866 and 1872, and the Reformatory Schools Acts, 1866 and 1872, or any of them, shall, subject to the approval of one of Her Majesty's Principal Secretaries of State, which approval may be given after the passing of this Act on the application of the Commissioners of Supply of such county, be deemed to be moneys borrowed or contracted to be borrowed by a prison authority under the Act of 1874, and may be charged by the Commissioners of Supply of such county upon the county general assessment thereof, but with a right of relief against the burgh or burghs therein, and the municipal, or police, or other assessments thereof, in the proportion of the valuation of such burgh or burghs respectively to the valuation of such county, and shall be repaid, with the interest due thereon, all as nearly as may be in 37 & 38 Vict. manner provided by the Act of 1874. 29 & 30 Vict. c. 117. c. 21. 35 & 36 Vict. 37 & 38 Viet. c. 47. c. 47. CHAPTER 41. An Act to enable Returning Officers at Parliamentary WHEREAS it is expedient to amend the law relating to the expenses and charges of returning officers at parliamentary elections in Scotland, and otherwise to amend the law of Scotland relating to such expenses: 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: 1. This Act may be cited for all purposes as the Parliamentary Short title and Elections Returning Officers Expenses (Scotland) Act, 1878, and construction of the Ballot Act, 1872, as modified by this Act, and this Act shall 35 & 36 Viet. be construed as one Act. Act. c. 33. 2. This Act shall extend to Scotland only, and only to parliamen- Extent of Act. tary elections. officer may re 3. The returning officer, if he think fit, may, as herein-after pro- Returning vided, require security to be given for the charges which may quire deposit become payable under the provisions of any Act of Parliament in or security. respect of any election. The total amount of the security which may be required in respect of all the candidates at an election shall not in any case exceed the sums prescribed in the Schedule to this Act, Where security is required by the returning officer it shall be apportioned and given as follows; viz., (1.) At the end of the two hours appointed for the election the returning officer shall forthwith declare the number of the candidates who then stand nominated, and shall, if there be more candidates nominated than there are vacancies to be filled up, apportion equally among them the total amount of the required security: (2.) Within one hour after the end of the two hours aforesaid, security shall be given by or in respect of each candidate then standing nominated, for the amount so apportioned to him: c. 33. (3.) If in the case of any candidate security is not given or tendered as herein mentioned, he shall be deemed to be withdrawn within the provisions of the Ballot Act, 1872: 35 & 36 Vict. (4.) A tender of security in respect of a candidate may be made by any person : (5.) Security may be given by deposit of any legal tender or of notes of any bank being commonly current in the county or burgh for which the election is held, or, with the consent of the returning officer, in any other manner : (6.) The balance (if any) of a deposit beyond the amount to which the returning officer is entitled in respect of any candidate shall be repaid to the person or persons by whom the deposit was made. municipal 4. In any case to which the fourteenth section of the Ballot Use of ballot Act, 1872, is applicable it shall be the duty of the returning officer, boxes, &c. so far as is practicable, to make use of ballot boxes, fittings, and provided for compartments provided for municipal or school board elections, and elections. the court, upon taxation of his accounts, shall have regard to the 35 & 36 Vict. provisions of this section. c. 33. s. 14. 5. Nothing in this Act shall apply to an election for any uni- Saving of the versity or combination of universities. universities. 6. On and after the passing of this Act it shall come into opera- Commencement tion, and shall continue in force until the thirty-first day of Decem- and duration of ber one thousand eight hundred and eighty, and no longer, unless Parliament shall otherwise determine. Act. SCHEDULE. MAXIMUM AMOUNT of SECURITY which may be required by a If at the end of the two hours appointed for the election, not more candidates stand nominated than there are vacancies to be filled up, the maximum amount which may be required is one fifth of the maximum according to the above scale. 6 & 7 Will. 4. c. 71. 7 Will. 4. & 1 Vict. c. 69. 1 & 2 Vict. c. 64. 2 & 3 Vict. c. 62. 3 & 4 Vict. c. 15. 5 & 6 Vict. c. 54. 9 & 10 Vict. c. 73. CHAPTER 42. An Act to amend and further extend the Acts for the held in the sixth and seventh years of the reign of His late Majesty King William the Fourth, intituled "An Act for the commutation of tithes in England and Wales," and the said Act has been amended, and the provisions thereof have been extended, by Acts passed in the sessions of Parliament held respectively in the first year, the first and second years, the second and third years, the third year, the fifth and sixth years, the ninth and tenth years, and the twenty-third and twenty-fourth years of the reign of Her present Majesty: And whereas it is expedient that the said Acts should be 23 & 24 Vict. amended, and that the provisions thereof should be further extended c. 93. in manner herein-after mentioned: Be it therefore 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: 1. In all cases where land charged with rentcharge in lieu of Redemption of tithes is taken for any of the following purposes; that is to say, tithe on land The building of any church, chapel, or other place of public public worship; required for purposes. The making of any cemetery or other place of burial; or in the carrying out of any improvements under the Artizans 38 & 39 Vict. The formation of any sewage farm under the provisions of the Sanitary Acts, or the construction of any sewers, or sewage works, or any gas or water works; Or the enlarging and improving of the premises or buildings occupied or used for any of the above-mentioned purposes; the person or persons proposing to carry out the above-mentioned works, buildings, or improvements shall, as soon as the said person or persons are in possession of the land, and before the land is applied to any of the purposes aforesaid, apply to the Tithe Commissioners to order the redemption of the rentcharge for a sum of money equal to twenty-five times the amount thereof; and the redemption money, with the expenses incident to the redemption, shall be paid to the said Commissioners within a time to be fixed by such order, or within any enlarged time the Commissioners may appoint, and the Commissioners shall apply such redemption money in the manner provided by the said Acts. c. 36. 2. The application to the said Commissioners in respect of any Application for such land may be signed by the secretary of any company which redemption. shall have taken the land, or in the case of a corporation, school or other board, by the clerk of the said board or corporation, and in every other case by such person or persons as the Commissioners may require. 3. Whenever land has been charged with any rentcharge not ex- Redemption ceeding twenty shillings, the Commissioners may, if they see fit, of tithe not exceeding upon the application of the owner of such land or of the person twenty shilentitled to the rentcharge thereon, by an order under their hands lings. and seal, direct that such rentcharge shall be redeemed by the payment by or on behalf of the owner of the said land charged therewith, within such time as the Commissioners by such order shall direct and appoint, of a sum of money equal to twenty-five times the amount of such rentcharge. of tithe ex 4. Whenever any land has been charged with a rentcharge ex- Redemption ceeding twenty shillings, the Commissioners may, if they see fit, ceeding twenty upon the joint application of the owner of the land and the person shillings. entitled to the rentcharge, order such rentcharge to be redeemed for a sum not being less than twenty-five times the amount thereof, provided that the bishop of the diocese and the patron of the benefice consent to such redemption, whenever the person entitled to the rentcharge is entitled thereto in right of any benefice or cure. Redemption of tithe on divided lands. Application of existing powers to this Act. Exchange of annual payment for lands or tithe rent charge. 5. Whenever lands charged with rentcharge under any instrument of apportionment or altered apportionment shall be divided for building or other purposes into numerous plots, and it shall appear to the Commissioners that no further apportionment of the said rentcharge can conveniently be made, the Commissioners may, if they shall see fit, upon the application of the owner or of the person for the time being entitled to the receipt of the said rentcharge, and without limitation as to the amount thereof, by an order under their hands and seal, direct that such rentcharge shall be redeemed by the payment by the owners of the lands chargeable therewith, within such time as the Commissioners shall by such order direct and appoint, of a sum of money not less than twenty-five times the amount of such rentcharge. 6. All the powers and provisions of the said recited Acts respecting the redemption of rentcharge and the assessment and recovery of redemption money and expenses (except as otherwise by this Act is provided) shall be applicable to all redemptions authorised and effected under this Act. 7. The provisions of the said Acts with reference to the exchange of glebe lands for other lands shall extend to and be deemed to authorise any spiritual person to exchange for lands, or for tithe rentcharge, any annual payment or augmentation belonging to him in right of his benefice and charged upon or payable out of any lands or tithe rentcharge. Interpretation of terms. CHAPTER 43. An Act to encourage Regular Marriages in Scotland. 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: 1. In this Act (1.) "Registrar" means the registrar of births, deaths, and marriages for a parish or district under the Act of the seventeenth and eighteenth years of the reign of Her present Majesty, chapter eighty, intituled "An Act to provide for the better Registration of Births, Deaths, "and Marriages in Scotland," and the Acts amending the same: (2.) "Registrar General" means the registrar general of births, deaths, and marriages in Scotland appointed under the said Act of the seventeenth and eighteenth years of the reign of Her present Majesty, and the Acts amending the (3.) same: "Parish and "district" have the meanings attached to them respectively in the said Act of the seventeenth and |