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of men, but the chief constable is to have the nomination of them, may dismiss any of them, and is to have the general government of them; additional constables may be appointed at the cost of individuals, subject to the approval of the sheriff or the justices of the county, at quarter-sessions; and the sheriff may also appoint constables on the application of Companies, or others, to keep the peace on public works, the parties applying defraying the expense. The constables are to take an oath provided by the Act, and are to take and bring before the sheriff or justices of the peace all persons found engaged in committing any criminal, riotous, or disorderly act, including offences committed on any turnpike or statute-labour road, or accused or suspected of having committed crimes, delinquencies, or offences. In certain cases bail or deposit may be accepted for the appearance of the person apprehended before the sheriff or justice at some time and place specified. Warrants and deliverances in criminal proceedings are to be executed by the constables, who are to perform all duties connected with the police as the sheriff or justices of the peace may direct, and they are not to receive for their own use any fees for the performance of such duties. Constables while acting, and for six months after having ceased to be constables, are declared incapable of voting for members of parliament, nor shall they endeavour to induce any elector to vote or refrain from voting for any person, under a penalty of 207., a moiety of which is to be paid to the informer; they are, however, to be exempt from serving on juries. The acceptance of the office of constable is not to preclude them from receiving any half-pay or pension to which they may be entitled. The penalty for a constable neglecting his duty is to be a fine not exceeding 10., or imprisonment with or without hard labour for any time not exceeding one month, at the discretion of the sheriff or the justices before whom he is tried. No constable can resign or quit his office without leave, or the giving of one month's notice, and on quitting he must deliver up his clothing, accoutrements, &c., under penalty of imprisonment with or without hard labour for any time not exceeding one month; any person found in the unlawful possession of any part of such clothing or accoutrements, or who shall put on the dress, or assume the name or character of any police constable for the purpose of procuring admission to any house or other place, or doing any act which such person would not be entitled to do of his own authority, or for any other unlawful purpose, is liable, on being convicted, to a penalty not exceeding 107. Publicans or other persons keeping any place for the sale of liquors, who shall harbour any constable during the hours of service, are liable, on conviction, to a penalty not exceeding 51. No toll is to be exacted either for carriage, horse, or foot, of any police constable on duty under a penalty not exceeding 51. The chief constable is to make reports to the police committee, the sheriff, justices of the peace, and burgh magistrates when required. Necessary expenses are to be paid in addition to salaries, such expenses to be defrayed out of police assessments, which are to be fixed annually from Whitsunday in each year, and levied by the Commissioners of Supply. Then follow several clauses regulating the manner of assessment, and the recovery of the sums assessed. The accounts of the receipts and expenditure are to be made out annually, and published. Clauses follow for the regulation of the police between counties and burghs, for superannuation pensions, &c. Then it is enacted that her Majesty in Council may appoint an inspector of police to examine police stations, lock-ups, &c., and inquire into the general efficiency of the police, and upon a certificate from the Secretary of State that the police of any county or burgh
has been maintained in a state of efficiency as to numbers and discipline, one-fourth of the charge for pay and clothing of the police is to be defrayed by the treasury. The remainder of the Act relates to the applications of penalties, the constitution of the Police Committee, the exemption of burghs maintaining their own police, &c., and also that Shetland and Orkney are not to be within the provisions of this Act unless specially directed by her Majesty in Council.
SMOKE NUISANCE (SCOTLAND) ABATEMENT.
An Act for the Abatement of the Nuisance arising from the Smoke of
From and after August 1, 1858, § 1 enacts, that every furnace employed on board of steam-boats, stopping or lying at any harbour, pier, or landing-place, or plying on any river which shall not exceed a quarter of a mile in breadth, or in any mill, factory, distillery, brewhouse, sugar-refinery, bakehouse, gas-works, water-works, public bath or washhouse, within the limits of this Act, shall be so constructed or altered as to consume its own smoke; and any owner or occupier, or the foreman, or the person in charge of a steam-vessel, is subjected to a penalty of not more than 5l. nor less than 40s. for the first offence, of 10l. for a second offence, and double the amount of the last-imposed penalty for every subsequent offence, together with all costs, to be obtained by summary conviction before the sheriff, or the justices of peace; who, however (§ 2), have the power to remit the penalty where furnaces have been constructed or altered so as to consume the smoke as far as possible. No complaint (§ 3) is to be brought except by local authorities, or by persons to whom the smoke is an annoyance, and in neither case without the consent of the Lord Advocate. All complaints (§ 4) are to be brought before the magistrate by summary petition, who shall appoint such petition to be answered within three days, and on hearing the case, is to give judgment; but if either party desire it, further time-not more than five days may be granted for the production of proofs, and if the proofs be not then completed, further delay from time to time of not more than three days on each adjournment may be granted. On the completion of the case, judgment must be given within three days, and the party complained of, if declared in fault, is to be liable for the expenses; a warrant is to be granted for the recovery of the penalties and costs, which, if not paid within eight days, may be recovered by poinding [seizure], or imprisonment for a term not exceeding fourteen days. No written pleadings (§ 5) other than the petition and answers, when ordered, are to be allowed. Justices and magistrates are not to adjudicate (§ 6) where the expense of altering or amending any furnace shall exceed 251., but the case, if thought necessary, shall (§7) be removed to the sheriff's court, and an appeal to that court is also allowed, if after judgment the expense shall be found to exceed 251. The sheriffs or magistrates may grant expenses against the local authority, or the party complaining (§ 8), in such cases as they may think fit. No appeal (§ 9) nor any suspension of the decree when issued is admitted, except in the cases mentioned above. Notices and petitions (§ 10) are to be served on board the steam-boat, or at the usual place of business of the parties, and may be sent by post. One or more joint-owners or occupiers (§ 11) may be proceeded against alone. The expenses incurred by the local authority (§ 12) not recovered as
provided by this Act, are to be defrayed out of the assessment for the relief of the poor; and all penalties or other sums recovered (§ 13) are to be paid to the use of the poor in the district wherein the premises complained of may have been situated. The word "place" (§ 14) is declared to comprise every city or burgh in Scotland, and to include the whole area contained within the parliamentary or police limits, provided it have a population of 2,000 by the latest census; and the "local authority" is declared to be the procurator-fiscal or the commissioners of police.
PROBATES AND LETTERS OF ADMINISTRATION.
An Act to amend the Laws relating to Probates and Letters of Administration in England.
The preamble of the Act having stated, that it is expedient that "all jurisdiction in relation to the grant and revocation of probates of wills and letters of administration in England" should be exercised by one court, it is enacted by § 1 that the present Act shall come into operation not sooner than January 1, 1858, the time to be fixed by an Order in Council, such order to be published at least a month previous to the date so fixed. By § 2 the word "will" is declared to comprehend all? testamentary instruments of which probate is now granted; "administration" is to include all letters of administration, either with or without the will annexed, and whether granted for general or limited purposes; "matters and causes testamentary are to comprise all matters relating to the grant or revocation of probate of wills or administration; and common form business" is to mean the business of obtaining probate and administration where there is no contention, and of contentious cases when the contest is terminated, also of non-contentious cases in ! matters of testacy and intestacy not being proceedings in any suit, and of lodging caveats against the grant of probate or administration. By § 3 the testamentary jurisdiction of ecclesiastical and other courts is abolished; and the jurisdiction (§ 4) to be transferred to a Court of Probate, which is to hold its ordinary sittings, and to have its principal registry, at such place or places in London or Middlesex as her Majesty may appoint; the judge of such court (§ 5) is to be an advocate of ten or a barrister of fifteen years' standing, to be appointed by her Majesty; the tenure of his office (§ 6) is to be during good behaviour, but he may be removed on an address of both Houses of Parliament. The judge (§ 7) is to take an oath, provided by the Act; he is to rank with the puisne judges of the courts of common law (§ 8), to be provided with a secretary and usher to be named by himself and removeable at pleasure; and his salary (§ 9) is to be 4,000l. a-year, with 3007. for his secretary, and 1507. for his usher. On the next vacancy of the office of Judge of the High Court of Admiralty (§ 10) the Queen may appoint the Judge of the Court of Probate to the office, or if the vacancy should first occur in the Court of Probate, the Judge of the Admiralty Court may be appointed; and on the union of the offices (§ 11), the salary is to be increased to 5,000l. After a service of fifteen years (except in the case of the present Judge of the Prerogative Court), or on account of some permanent infirmity, a pension of 2,000l. is granted if holding the one office, and of 3,500l. if holding both.
District registries (§ 13) are to be established in the following places: Newcastle-on-Tyne, Durham, Carlisle,Wakefield, York, Lancaster, Manchester, Liverpool, Chester, Bangor, St. Asaph, Derby, Nottingham,
Leicester, Lincoln, Shrewsbury, Peterborough, Norwich, Ipswich, Bury St. Edmund's, Northampton, Birmingham, Lichfield, Hereford, Caermarthen, Llandaff, Worcester, Gloucester, Bristol, Oxford, Wells, Taunton, Exeter, Bodmin, Salisbury, Blandford, Winchester, Lewes, Chichester, and Canterbury; and a district is assigned to each, called "The District Registry," under the control of the Court of Probate. Three registrars (§ 14), two record-keepers, and one sealer, are to be appointed for the principal registry, and one district registrar for each of the district registries, with such clerks and other officers of the principal court as the judge, with the sanction of the Treasury, may deem fit; but the number of principal registrars may be reduced to two if the duties can be performed by that number. By §§ 15, 16, and 17, the present officers of the Prerogative Court are transferred to the similar offices in the Court of Probate, and the existing diocesan registrars are to be appointed district registrars. Subject to these appointments (§ 18) the registrars, district registrars, and other officers, are to be appointed by the Judge of the Court of Probate. The salary of the three London registrars is to be 1,500l. a-year each, the record-keepers 600l. a-year each, and that of the sealer 300. The district registrars are to be paid by fees, such payment to include the services of their clerks. The salaries of the other clerks and officers to be settled by the judge, with the consent of the Treasury. The offices of registrars and district registrars ($19) are to be held during good behaviour, subject to removal by the Lord Chancellor, on cause shown; the other officers are removeable by the judge, with the sanction of the Lord Chancellor. Registrars and district registrars (§ 20) must be advocates, barristers, proctors, solicitors, or attorneys, or articled or paid clerks to some officer acting in the Prerogative or Diocesan Courts, except such as may be at present acting in any such courts; and all must (§ 21) execute this office by person and not by deputy, and no registrar, officer, or clerk, in the principal registry office is to practise as a proctor, advocate, barrister, or attorney, or participate in the fees of any other person so practising, during the time of holding office.
The judge is to cause seals to be made (§ 22), one for the principal registry, and one each for the several district registries, and all probates, letters of administration, and all other instruments or copies thereof, sealed with any seal of the court, is to be received as evidence in all parts of the United Kingdom without farther proof. The Court of Probate (§ 23) is to be a Court of Record, and to have through all England the same powers as the Prerogative Court has now within the province of Canterbury in respect to the personal estate of deceased persons; but suits for legacies or distribution of legacies are not to be entertained. The Court of Probate (§ 24) may require the attendance of any party or person to be examined as a witness, and may order the production of deeds, writings, &c., in the same manner as is done by the superior courts of Westminster, and persons disobeying the writ are to be deemed guilty of contempt of Court, and are liable to forfeit a sum not exceeding 1007.; and the Court (§ 25) has the like powers of the Court of Chancery to enforce its orders. The Court (§ 26) may on motion or petition, in a summary way, order the production of any instrument purporting to be testamentary which may be shown to be in the possession or under the control of any person, or if it be not shown, but there be reasonable cause for believing that such person has knowledge of any such paper or instrument, he may be required to attend in open Court, and answer such questions as may be put, or be subject to such penalties as are imposed for contempt of Court according to the
Court's discretion. The registrars and district registrars (§ 27) have power to administer oaths and receive affirmations; and the judge, under seal of the Court, may also appoint commissioners to administer oaths.
By § 28 the forging or counterfeiting the seal or signature of any officer of the Court, or knowingly using any such seal or signature, or tendering any document with a counterfeited seal or signature, is declared to be felony, and renders any person liable on conviction to penal servitude for life, or for any term not less than seven years, or to imprisonment for any term not exceeding three years, with or without hard labour,
§§ 28 to 45 relate to the practice of the Court, and the persons admitted to practise in it. The generally important points are that witnesses, and where necessary the parties (§ 31), are to be examined orally by or before the judge in open court, but parties may verify their cases wholly or in part by affidavit, the opposing party, however, having the right to cross-examine the deponent in open Court. The Court (§ 32) may grant commissions for the examination of witnesses abroad, either upon interrogatories or otherwise. The Court may cause any questions of fact (§ 35) to be tried by a jury before itself, or direct an issue in a Court of law, and such questions shall be so tried by a jury in any case where a heir-at-law makes application to the Court for that purpose; the jury to be struck (§ 36) in the same manner as in the courts at Westminster; and the judge (§ 37) to have the same powers as a judge at nisi prius; or if an issue is directed (§ 38), the Court may direct where it shall be tried. Appeals (§ 39) are to be made to the House of Lords.
Probates and letters of administration (§ 46) may be granted in common form by the district registrars, if it appears by affidavit that the testator or intestate at the time of his death had a fixed place of abode within the district, and such probate shall have effect over the personal estate of the deceased in all parts of England; such affidavit (§ 47) to be conclusive for the purpose of authorising the grant of probate, and not to be impeached or revoked by reason that the deceased had no fixed place of residence within the district at the time of his death; but the district registrars (§ 48) are not to grant probate or administration where there is contention, until such contention is terminated or disposed of by decree or otherwise. Notice of application to a district registrar (§ 49) for probate is to be transmitted by the next post to the principal registry, with the particulars of the affidavit, and probate is not to be granted till he receives a certificate from the principal registry that no other application has been made; and in case of any doubt ($50), the district registrars are to transmit the statement to the chief registrars, who are to take the directions of the judge, who may forbid any further proceeding in the matter, leaving the party to make application to the principal registry, or, if the case is within its jurisdiction, to the County Court. The district registrars (§ 51), on the first Thursday of every month, are to transmit lists of the grants of probate and administration issued by them, with a certified copy of every will, up to the preceding Saturday, in the form directed by the Court of Probate. The district registrar (§ 52) is to file and preserve the original wills, subject to such regulations as are made by the Court for their preservation. Caveats against the grant of probate or administration (53) are to be made as at present, and immediately on being lodged with a district registrar, a copy is to be sent to the principal registrar; or if lodged with the principal registrar, a copy is to be sent to the district registrar in whose district the deceased lived at the time of his death, and to any other to whom it may be expedient