20 & 21 VICT. cap. 56.

An Act to regulate the Distribution of Business in the Court of Session in Scotland (so far as relates to Railways). [25th August, 1857.]

4. ALL summary petitions and applications to the Summary lords of council and session which are not incident to petitions, actions or causes actually depending at the time of pre- &c. how senting the same shall be brought before the junior lord disposed of. ordinary officiating in the outer house, who shall deal therewith and dispose thereof as to him shall seem just; and in particular all petitions and applications falling under any of the descriptions following shall be so enrolled before and dealt with and disposed of by the junior lord ordinary, and shall not be taken in the first instance before either of the two divisions of the court: viz.,

1. Petitions and applications under any of the various statutes now in force relative to entails: 2. Petitions and applications under any of the general Petitions railway acts or under the lands clauses consoli- and applidation (Scotland) act, 1845, or under any local cations or personal act:

under gene

3. Petitions and applications relative to money con- ral railway signed under any statute or law, subject to the acts. order, disposal, or direction of the court of ses

sion :

4. Petitions and applications for the appointment of judicial factors, factors loco tutoris or loco absentis, or curators bonis, or by any such factors or curators for extraordinary or special powers, or for exoneration or discharge:

5. All petitions, applications, and reports under the act of the twelfth and thirteenth Victoria, chap

ter fifty-one, intituled "An Act for the better Pro- 12 & 13 tection of the Property of Pupils, absent Persons, Vict. c. 51 and Persons under Mental Incapacity, in Scot

land."

same,

consult

pro

5. The lord ordinary before whom any such petition, Lord ordiapplication, or report shall be enrolled or brought, shall nary may have full power to decide on and dispose of the after making such investigation and requiring such assist- fessional ance from professional persons, or persons of science or persons or of skill, as he shall judge proper, and his judgment upon the merits shall be subject to review in manner herein.

persons

science

or skil!.

of

Review of the lord

after provided; and the judgment of the lord ordinary granting or refusing any such petition or application, or disposing of any such report, unless the same shall be brought under review in manner herein-after provided, shall be equally valid and effectual as a judgment of either division of the court to the like effect, according to the present law and practice; and all laws and statutes inconsistent herewith are hereby repealed to the effect of rendering the provisions of this act operative and effectual: Provided always, that such lord ordinary may in special cases, if he see cause, report such petition or application to the court, who may thereupon dispose of the same, or give such instructions thereanent to the lord ordinary as they may deem proper.

6. It shall not be competent to bring under review of the court any interlocutor pronounced by the lord ordiordinary by nary upon any such petition, application, or report as interlocu- aforesaid, with a view to investigation and inquiry tor on merely, and which does not finally dispose thereof upon merits only the merits; but any judgment pronounced by the lord

allowed.

ordinary on the merits, unless where the same shall have been pronounced in terms of instructions by the court on report as herein-before mentioned, may be reclaimed against by any party having lawful interest to reclaim to the court, provided that a reclaiming note shall be boxed within eight days, after which the judgment of the lord ordinary, if not so reclaimed against, shall be final.

21 & 22 VICT. cap. 65.

An Act to amend an Act of the last Session, to render more effectual the Police in Counties and Burghs in Scotland. [2nd August, 1858.]

WHEREAS by the eighth section of an act passed in the last session of parliament, intituled "An Act to 20 & 21 render more effectual the Police in Counties and Burghs Vict. c. 72. in Scotland," it is enacted, that it shall be lawful for the sheriff of any county within whose jurisdiction the works of any railway, canal, or other public work of a similar nature shall be in progress of construction, upon the application of the company or other parties carrying on any such public work, or for any two justices of the peace of such county usually acting in the district in or through which any such public work may be in the course of construction, on similar application, to give directions for the purpose of keeping the peace: And whereas it is expedient that justices of the peace should be authorized to make such application to the sheriffs of counties, and that the power of giving directions should be confined to such sheriffs: 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. The eighth section of the said recited act is hereby Section 8 repealed. of recited

2. It shall be lawful for the sheriff of any county act rewithin whose jurisdiction the works of any railway, ca- pealed. nal, or other public work of a similar nature shall be in Power to progress of construction, upon the application of the appoint company or other parties carrying on any such public additional work, or of any two justices of the peace of such county constables usually acting in the district in or through which any to keep the such public work may be in the course of construction, peace on to direct from time to time the chief constable of such public county to appoint such additional number of constables as such sheriff may think fit for the special purpose of keeping the peace, and for the security of persons and property against crimes and unlawful acts, within the limits of such public works and within a mile therefrom, and such constables so appointed shall be specially charged with such duties, and shall have all the powers, privileges, and duties of other constables appointed under

works.

Recited act

and this act to be as one.

the said recited act; and such sheriff shall decern the
company or other parties carrying on such public works
to make payment to the clerk of supply of the county
of the wages and allowances of such constables so ap-
pointed, at such rate and at such time and in such manner
as the sheriff shall appoint: Provided always, that the
rate so paid shall not exceed the highest rate paid for
the time to any other constable of the county; and
where the company or other parties carrying on any
public work shall refuse or neglect, within fourteen days
next after the demand thereof, to pay any such wages
and allowances or any part thereof as shall by such
sheriff have been directed to be paid, it shall be lawful
for such sheriff forthwith to cause the same to be levied,
together with the expense of levying the same, by poind-
ing and sale of the goods and effects of the company or
other parties liable to pay such wages and allowances.
3. The said recited act and this act shall be read and
construed as one act.

21 & 22 VICT. cap. 75.

An Act to amend the Law relating to Cheap
Trains, and to restrain the Exercise of cer-
tain Powers by Canal Companies being also
Railway Companies. [2d August, 1858.]

WHEREAS by the Act passed in the session of Parliament 7 & 8 Vict. held in the seventh and eighth years of the reign of her c. 85. present Majesty, chapter eighty-five, section six, it is enacted, amongst other things, with respect to the cheap trains thereby required to be provided in certain cases, that the fare or charge for each third-class passenger by any such train shall not exceed one penny for each mile travelled: And whereas it is expedient to amend the said Act in manner hereinafter mentioned: And whereas it is also expedient to amend the act passed in the ninth year of the reign of her present Majesty, chapter forty-two, intituled "An Act to enable Canal Companies to become Carriers of 8 & 9 Vict. Goods upon their Canals," by restraining as herein-after c. 42. mentioned the exercise of certain powers therein contained: 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. When the distance travelled by any third-class pas- Fares for senger by any train run in compliance with the provisions fractions relating to cheap trains contained in the said act of the under seventh and eighth of Victoria, chapter eighty-five, is a one mile. portion of a mile, and does not amount to one mile, the fare for such portion of a mile may be one penny, or when such distance amounts to one mile, or two or more miles, and a portion of another mile, the fare or charge for such portion of a mile, if the same amounts to or exceeds one half mile, may be one halfpenny: Provided always, that for children of three years and upwards, but under twelve years of age, the fare or charge shall not exceed half the charge for an adult passenger.

2. After the passing of this act, no fare heretofore Certain charged to or received from any third-class passenger by rates hereany such train as aforesaid shall in any proceeding to be tofore hereafter instituted be deemed to have exceeded the rate charged not prescribed in such case by the said act of the seventh and to be eighth of Victoria, chapter eighty-five, if the same shall deemed ex

cessive.