7. The Name and Residence of the Owner of every Locomotive shall be affixed thereto Name, &c. of in a conspicuous Manner. If it is not so affixed the Owner shall, on summary Conviction, Owner to be on be liable to a Penalty not exceeding Two Pounds. 8. The following Local Authorities, (that is to say,) may Locomotives. Power to Local 1. In the City of London and Liberties thereof, the Court of the Lord Mayor and Authorities to Aldermen ; make Orders as to Hours, 2. In the Metropolis, as defined by the Act of the Session of the Eighteenth and &c. LocoNineteenth Years of Her present Majesty, Chapter One hundred and twenty motives may (except the City of London), the Metropolitan Board of Works; pass through 3. In any Borough in England the Population of which shall have exceeded Five Cities, &c. thousand at the last Census, the Council of the Borough; 4. In any Borough or Town in England the Population of which shall have exceeded make Orders as to the Hours during which (and as to the Speed, not in any Case to Penalty on exceed Two Miles an Hour, at which,) Locomotives are to pass through the City or Place acting consubject to their respective Jurisdictions; and any Person in charge of a Locomotive acting trary to such contrary to such Regulations shall, on summary Conviction, be liable to a Penalty not exceeding Ten Pounds: Every Order made in pursuance of this Section shall be reduced into Writing, and shall have affixed thereto the Common Seal of the Local Authority, where they have a Common Seal, and shall be signed by the Members of the Local Authority, or any Two of them, where they have not a Common Seal: A Copy of such Order shall be affixed to some public Place within the Jurisdiction of the Local Authority, and advertised in some Newspaper circulating within the Jurisdiction of the Local Authority, and the Production of a Newspaper containing such Advertisement shall be Evidence of the Copy having been advertised in pursuance of this Act. Orders. veyor to be his County, 9. For the Purposes of this Act, the County Surveyor of each County in Ireland shall In Ireland the be deemed to be the Conservator of all the Roads in the County of which he is Surveyor, County Surmade or repaired by Grand Jury Presentment; and it shall not be lawful to use any deemed the Locomotive, other than those specially authorized by this Act, on any such Road in any Conservator of County in Ireland, without the Consent in Writing of the County Surveyor thereof, the Roads in approved of by One or more Justices sitting at Petty Sessions; and all Compensation for and ProceedDamage done by any Locomotive to any Bridge, Gullet, or Arch, or any of the Walls, ings for Buttresses, or Supports thereof, on any such Road in any County in Ireland, shall be Damage to be recoverable in the Name of the County Surveyor thereof, for and on behalf of the County, Name. from the Party liable to pay the same, such Compensation, if not exceeding Ten Pounds, to be recovered in a summary Way by Summons at Petty Sessions, and if over Ten Pounds to be recovered by Process in the Civil Bill Court. taken in his and applied in 10. Every Penalty imposed by the Provisions of this Act shall, in Ireland, be recoverable How Penalties before a Justice or Justices of the Peace in Petty Sessions, subject and according to the to be recovered Provisions of "The Petty Sessions (Ireland) Act, 1851," and any Act amending the same, Ireland. and shall be applied according to the Provisions of "The Fines (Ireland) Act, 1851," and any Act amending the same. 11. Nothing in this Act contained shall repeal, alter, or in any way affect the Provisions Sect. 41. of of the Forty-first Section of "The Thames Embankment Act, 1862." 25 & 26 Vict. c. 93. not to 28 & 29 VICT. 3 D 12. Nothing be affected, Saving as to Short Title. 12. Nothing in this Act contained shall authorize any Person to use a Locomotive which may be so constructed or used as to be a public Nuisance at Common Law, and nothing herein contained shall affect the Right of any Person to recover Damages in respect of any Injury he may have sustained in consequence of the Use of a Locomotive. 13. This Act may be cited as "The Locomotives Act, 1865;" and "The Locomotives Act, 1861," and this Act, shall be construed together as One Act. 23 & 24 Vict. c. 105. Sect. 33. of Building substituted. Interpretation of Words in Sects. 52. and CA P. LXXXIV. An Act to amend the Prisons (Scotland) Administration Act, 1860, and to explain the Fifty-second and Seventy-seventh Sections of the said Act. [5th July 1865.] HEREAS an Act was passed in the Twenty-third and Twenty-fourth Years of the Reign of Her present Majesty, Chapter One hundred and five, intituled An Act to provide for the Management of the General Prison at Perth, and for the Administration of Local Prisons in Scotland, and it is expedient that the said recited Act should be amended:' 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. The Thirty-third Section of the said recited Act is hereby repealed, and, instead thereof, be it enacted as follows: At any Meeting to be held for that Purpose, which may be either the First Meeting of the Board after their Appointment or any other Meeting held not later than the Month of September thereafter, the County Board may impose an Assessment for the Purpose of defraying the Expenses of building, extending, altering, or repairing any Local Prison within the County, or of acquiring Lands for such Purpose; and such Assessment shall be called the Building Assessment: Provided that no such Building Assessment shall exceed the Amount which, as set forth in the Twenty-first Annual Report of the General Board of Directors of Prisons, presented to both Houses of Parliament, was or might legally have been estimated for as a Building Fund before the Commencement of the said recited Act for such County, unless the same shall, in Terms of any Agreement or Minute to that Effect laid before the County Board, be consented to by the Commissioners of Supply of such County on behalf of the Landward Part thereof, and by the Town Councils of Burghs situated therein entitled to choose Members of the County Prison Board, on behalf of their respective Burghs, and it shall appear that the Persons on whose Behalf such Consent has been given shall have contributed or been liable to contribute not less than Three Fourths of the Assessments imposed on such County and the Burghs situated therein; and it shall be lawful for the Commissioners of Supply of each County and the Magistrates of each Burgh respectively to assess and levy such Building Assessment by Instalments over any Number of Years not exceeding Twenty Years, and to borrow Money on the Security of such Assessment, and to assign such Assessment in Security thereof. 2. The Words "Sheriff Principal of the County of Perth" in the Fifty-second Section of the recited Act mean and shall be held to mean the Sheriff of the said County; and in 77. of recited construing the Seventy-seventh Section of the said recited Act the Expression "Lands adjoining" shall be deemed to include "Lands adjacent," and the Expression " enlarging" shall be deemed to include "improving" or "isolating." Act. 6 CA P. LXXXV. An Act to amend the Laws relating to Procurators in Scotland. [5th July 1865.] WHEREAS the Number of Procurators practising before the Inferior Courts in Scotland has of late Years greatly increased, and the Interests entrusted to the Care of such Procurators have risen in Importance: And whereas it is desirable to improve the Qualifications and Standing of the Members of that Branch of the legal Profession, and to regulate the Mode of admitting them to Practice, and to confer cor'porate Powers on certain Faculties and Societies:' 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. The following Words and Expressions when used in this Act shall have the Meanings Interpretation hereby assigned to them, unless there be something in the Subject or Context inconsistent of Terms. with or repugnant to such Construction; that is to say, "Inferior Court" shall embrace Sheriff Courts, Commissary Courts, Burgh Courts, "Procurators" shall include all Persons who have already been admitted as Procurators. "County" shall include Stewartry. 2. No Person shall hereafter act or practise as a Procurator before any Inferior Court, or assume the Name or Title of Procurator, unless prior to the passing of this Act he shall have been duly admitted a Procurator, or unless subsequently to the passing of this Act he shall be admitted a Procurator pursuant to the Directions and Regulations of this Act. 3. From and after the passing of this Act, the Commissioners of Stamps and Taxes and their Officers shall, previous to issuing any stamped Certificate to any Person applying for the same who has not previously had issued to him a like Certificate, require Evidence that such Person is either a Writer to the Signet, or a Solicitor before the Supreme Courts, or a Notary Public, or that he has been admitted a Procurator. No Person to act as a Procu rator unless admitted pursuant to this Act. Commissioners of Stamps not to issue Certificates except to qualified Persons. to be admitted. 4. No Person shall hereafter be deemed admissible as a Procurator unless he shall be of Requisites to the full Age of Twenty-one Years, and shall have been bound under an Indenture in entitle Persons Writing to serve, except as herein-after provided, at least Four Years as an Apprentice to a Master declared by this Act to be competent, and shall have duly served his said Apprenticeship by personal Attendance in the Office of such Master or in the Office of some other Master to whom his Indenture may have been transferred, as herein-after provided, and unless he shall have been reported qualified for Admission after an Entrance Examination in manner herein-after specified: Provided always, that any Person who may before the passing of this Act have served, or may be at the Date thereof in course of serving, an Apprenticeship for a shorter Term than Four Years, in such Form as would have qualified him for Admission under the Provisions of the Act of Sederunt of the Lords of Council and Session, dated Tenth Day of July One thousand eight hundred and thirty-nine, Chapter Five, shall be deemed admissible, in so far as regards Apprenticeship, if he have served or shall serve, either as an Apprentice or Clerk to the same or some other competent Master, such further Term as may be sufficient along with his previous Service to complete the full Term of Four Years, and if he shall have been reported qualified as aforesaid, and such Service may be instructed by a Certificate under the Hand of such Master, or otherwise, as herein-after provided. Requisites restricted in certain Cases. Who shall be 5. Provided also, That any Person who shall have taken a Degree in Arts in any One of the Universities of Great Britain or Ireland, or who shall be a Member of any of the Councils of the Scottish Universities, shall be deemed admissible as a Procurator, in so far as regards Apprenticeship, if he shall have served an Apprenticeship under Indenture as aforesaid for the shorter Period of Three Years, and such Person shall not be obliged as a Part of his Entrance Examination to undergo an Examination in general Knowledge. 6. In reference to all Apprenticeships and Clerkships to be entered into in Terms of this deemed a com- Act, any Writer to the Signet or Solicitor before the Supreme Courts, or Procurator or Sheriff Clerk, shall be deemed a competent Master in the Case of a Person seeking to qualify himself as a Procurator. petent Master. Provision in case Master of Persons entering into Apprentice ship, &c. dies. One Year of Indenture under Procurator may be commuted into Clerkship. Indentures to be recorded and Service to be certified. must be in 7. In case any Master with whom any Person shall have entered into any Apprenticeship or Clerkship as aforesaid shall, during the Currency of the Term of such Apprenticeship or Clerkship, die or become bankrupt, or cease to practise, or be unable to continue to employ such Apprentice or Clerk, it shall be lawful for the Sheriff of the County or Sheriff Substitute of the County, Ward, District, or Division in which such Apprenticeship or Clerkship is being served, upon the Application of such Apprentice or Clerk, as the Case may be, to direct the Indenture or Agreement of Clerkship to be discharged, or to authorize the Term of Service to be completed with any other Master declared competent by this Act and named in such Application, without Prejudice to the voluntary Transfer of any Apprenticeship or Clerkship to a competent Master mutually agreed upon, and made in Writing. 8. Any Apprentice who, either before or after the passing of this Act, has entered into an Indenture for any Period exceeding Three Years, and who may be desirous of making himself acquainted with the Forms of Procedure in the Supreme Courts, or with the Mode of conducting Business in any County other than that in which he has bound himself to serve, may, in lieu of the last Year of his said Apprenticeship, with the Consent of his Master, substitute a Term of Service as Clerk for not less than One Year with a Writer to the Signet or Solicitor before the Supreme Courts, or with a Procurator practising in such other County, which Service as Clerk shall be equally effectual for the Purpose of Admission as if such Apprentice had completed the full Term of his Apprenticeship. 9. All Indentures which shall after the passing of this Act be entered into with the Intention of qualifying the Apprentice for Admission in Terms of this Act shall be recorded in the Register of Probative Writs of the County where the same shall have been entered into, within Six Months from the Date fixed therein for the Commencement of the Term of Apprenticeship, and upon the Expiration thereof such Indenture, with a Certificate endorsed thereon, under the Hand of the Master with whom such Apprenticeship was completed, setting forth that the Party has actually and bonâ fide served the Apprenticeship set forth in the Application for Admission as required by this Act, may be received as Evidence of such Apprenticeship having been duly served. Agreements to 10. No Service as Clerk, in Terms and for the Purposes of this Act, entered into after serve as Clerk the passing thereof, shall be held a Qualification for Admission as aforesaid, unless the Writing and Agreement to serve as Clerk for a specified Time shall be entered into in Writing before proved. the Commencement of Service; and the Production of a written Agreement, with a Certificate under the Hand of the Master of the Time having been actually and bona fide served by personal Attendance in his Office, may be received as Evidence of Service; provided that in case of the Death or Incapacity of the Master the Sheriff shall be entitled to receive such other Evidence of Service of Apprenticeship or Clerkship as shall seem to him reasonable and satisfactory. Admission and 11. The Admission of Procurators shall as heretofore proceed on the Application of any duly qualified Person to the Sheriff of the County within which he wishes to practise; but such Applicant shall prior to Admission, except as herein-after provided, undergo an Entrance Examination in regard both to general Knowledge and to Law, and legal Training and Practice, on a Remit made by the Sheriff to the Examiners herein-after mentioned, and no further Procedure shall be had on such Application until the Applicant shall have been reported reported by the Examiners qualified for Admission: Provided always, that no Entrance Examination shall be required if the Applicant for Admission be a Writer to the Signet, or a Solicitor before the Supreme Courts, or hold a Degree of Bachelor of Laws granted by a Scottish University after the Twelfth Day of July Eighteen hundred and sixty-two; nor shall the Provisions of this Act in regard to the Term of Service apply to, nor shall any Entrance Examination in general Knowledge be required from, any Person who is under Indenture at the passing of this Act, or who may have completed the Term of Apprenticeship prior to the passing of this Act; provided also, that the Sheriff of any County to whom an Application for Admission shall be made by any Person who has been already admitted a Procurator in another Sheriff Court shall be entitled to admit the said Person, and also to dispense with such Entrance Examination, if he shall see fit, after hearing the Incorporated Faculty or Society of Procurators practising in the County, Ward, District, or Division in which such Application is made. 12. On the Production of the Certificate of Apprenticeship or of Apprenticeship and Mode of AdClerkship, as herein-before provided, and of a Certificate under the Hands of the Examiners mission. of the Applicant being duly qualified in regard both to general Knowledge and to Law and legal Training, or of written Evidence that the Applicant falls within some of the Exceptions herein-before contained, the Sheriff may, unless he see Cause to the contrary, admit the Applicant as a Procurator in his Court, and such Admission shall qualify the Person admitted to practise therein, and in all the other Inferior Courts held within the County; provided that where the Mode of admitting Procurators in any County is regulated by Royal Charter conferring exclusive Privileges on any Faculty or Society of Procurators practising in such County, or by any Usage following thereon, such Mode of Admission shall not be altered by anything in this Act contained without the express Consent of such Faculty or Society. 13. The Sheriff Clerk of each County, or of each Ward, District, or Division, when a Names of ProCounty is so divided, shall keep a Register in a separate Book, to be called the "Register curators to be registered. of Procurators," in which he shall insert the Names of all such Persons then in Life as may have been duly admitted Procurators before the Sheriff Court of such County, Ward, District, or Division prior to the passing of this Act, and shall arrange such Names in the Order of the Dates of Admission of such Persons respectively, and likewise of every Person who shall subsequently to the passing of this Act be admitted a Procurator before such Court, pursuant to the Directions and Regulations herein contained, specifying in the Register the Date of such Admission, and shall, as Occasion requires, make the Alterations on said Register rendered necessary by Death or otherwise, and said Register shall be patent to all the Lieges, and an Extract therefrom subscribed by the Sheriff Clerk, certifying the Admission of any Procurator, and specifying the Date thereof, and for which Extract a Fee of Two Shillings and Sixpence shall be payable, shall be sufficient Evidence of the Facts therein set forth. Societies when 14. In any County, Ward, District, or Division of a County in which there does not at Procurators the Date of the passing of this Act exist an Incorporated Faculty or Society of Procurators, may form it shall be lawful for the Procurators of such County, Ward, District, or Division, provided Number is Ten their Number exceeds Ten, voluntarily to form themselves into a Society, by the Assent or upwards. given in Writing of at least Three Fourths of their Number, and on such Writing being recorded in the Court Books of the County, District, Division, or Ward, such Society shall ipso facto be held to be incorporated under such Name or Title as shall in such Writing be fixed, and shall include all the Procurators of such County, Ward, District, or Division, and thereafter such Faculty or Society shall have Power in its corporate Name to sue and be sued, and to acquire, hold, and transfer Property, heritable and moveable, and also from Time to Time to adopt such Constitution and Byelaws for the Management of the Affairs of the Society as the Sheriff of such County, Ward, District, or Division shall, on Application made to him, approve of, and shall possess such other Powers as by Law belong to an Incorporation. 15. In the event of the Number of Procurators in any County, Ward, District, or How to be inDivision being less than Ten but more than Three, it shall be competent to them, or to corporated not when Number |