the Local Board shall appoint, subject to an appeal to the Secretary of State. Such clerk is disqualified, either by himself or partner, from acting as attorney in any matter before the said magistrate, or arising out of or consequent thereon. A list of the fees is to be affixed in the public office, and the magistrate may, on reasonable cause, remit fees and award costs. The clerk is to keep an account of all fees received, and pay them over quarterly to the treasurer of the Local Board, to be carried by him to the credit of the Local Improvement rate; if necessary, the Local Board may make an assessment, not exceeding a penny in the pound on all property rateable to the Improvement rate; for the salaries of the magistrate and clerk, and the expenses of the office.


[26 and 27 Victoriæ, cap. 100.—July 28, 1863.] An Act to render owners of Dogs in Scotland liable in certain Cases for

Injuries done by their Dogs to Sheep and Cattle. The Act extends to Scotland only, and provides that, in any action against the owner of a dog for damages, it shall not be necessary for the pursuer to prove a previous propensity in the dog to injure sheep or cattle ; and the occupier of any house or place in which such dog has. been usually kept or permitted to remain, is declared liable as the owner, unless he can prove that he was not the owner, and that the dog was kept or permitted to remain in his house or place without his sanction or knowledge.

[26 and 27 Victoriæ, cap. 102.-July 28, 1863.]

An Act to reduce the Duty on Rum in certain Cases. Spirits of Wine having been allowed to be methylated duty-free, the present Act is merely to admit rum to a similar privilege. Foreign and colonial rum may now be methylated in the customs warehouses, by any person licensed to make or mix methylated spirits, under such conditions as the Commissioners of Customs may direct. The rum is to be of not less than 20 per cent. over proof, in quantities of not less than the whole cask in which imported, and to be mixed with not less than one-ninth in bulk of wood naphtha or methylic alcohol, or such other article or substance as the previous Act has prescribed. No rum to be mixed till payment be made of the difference between the customs duty on rum and the excise duty on British spirits. The wood naphtha, methylic alcohol, or other such article or substance, is to be furnished by the Commissioners of Inland Revenue at the expense of the person proposing to make the mixture ; such mixture to be denominated methylated spirit; and be removed under the certificate of the proper officer of customs to some approved store belonging to a rectifier of spirits or to a licensed maker of methylated spirit. Methylated spirit may be exported under such regulations as the Commissioners of Customs and Inland Revenue may make. The provisions as to fines, forfeitures, &c., for fraud or infringement of the regulations, are to be those of the 18 and 19 Vict, cap. 38, and the 25 Vict. cap. 91.


[26 and 27 Victoriæ, cap. 103.-July 28, 1863.] An Act to amend the Law in certain Cases of Misappropriation by

Servants of the Property of their Masters. Servants taking their master's corn (S'1) without authority, for the purpose of giving the same to their master's horses or other animals, are not in future to be deemed guilty of felony; but on conviction before two justices of the peace, may either be imprisoned, with or without hard labour, for any term not exceeding three months, or else forfeit and pay such sum as they may deem meet not exceeding 51. ; but the justices have the power to dismiss the case altogether if deemed too trifling, or if the circumstances render it inexpedient to inflict any punishment; and if upon the trial of any servant for feloniously taking his master's corn or other food for cattle, he satisfy the jury that it was only an offence under this Act, the jury may return a verdict accordingly, and the punishment to be awarded shall be such as the provisions of this Act prescribe. Power is given (§ 2) of appeal to the next quarter-sessions within twelve days after conviction ; and no conviction or adjudication on appeal ($ 3) is to be quashed for want of form, and no warrant of commitment to be deemed void by reason of any defect therein, provided it be alleged that the person has been convicted and there be a good and valid conviction to sustain the same. Summary proceedings are to be taken (§ 4) under the 11 and 12 Vict. cap. 43, except in London and the Metropolitan District. The Act ($ 5) extends to England only ; and commenced (§ 6) on September 1, 1863.


(26 and 27 Victoriæ, cap. 105.-July 28, 1863.] An Act to remove certain Restrictions on the Negotiation of Promissory

Notes and Bills of Exchange under a limited Sum. “From and after the passing of this Act, the Act passed in the 17 Geo. III. cap. 30, and so much and such part and parts of any other Act or Acts as continue or revive the said Act, or as prohibit or restrain, or impose any penalty for or on account of the publishing, uttering, or negotiating in England of any promissory or other note, not being a note payable to bearer on demand, bill of exchange, draft, or undertaking in writing, being negotiable or transferable, for the payment of 208., or above that sum and less than 51., or on which 20s., or above that sum and less than 5l., shall remain undischarged, made, drawn, or endorsed in any other manner than as directed by the said Act of the 17 Geo. III. aforesaid, and also § 17 and schedules (C.) and (D.) of an Act passed in the 8 and Vict. cap. 38, requiring or directing that all such notes, bills, drafts, or undertakings as aforesaid which shall be issued in Scotland shall be made, drawn, or endorsed according to the forms contained in the said schedules respectively, shall be and the same is and are hereby repealed. This Act is to continue in force for three years, and until the end of the then next ensuing session of Parliament."


[26 and 27 Victoriæ, cap. 108.-July 28, 1863.] An Act to extend and make compulsory the Practice of Vaccination in

Scotland. Within two months from the passing of this Act ($ 1) the Parochial Board of every parish or combination of parishes in Scotland shall

point a registered medical practitioner or practitioners to be the Vaccinator or Vaccinators within such parish or combination. The remuneration to each such Vaccinator ($ 2), shall depend on and be regulated by the number of persons not previously vaccinated who have been successfully vaccinated by such Vaccinator ; and the allowance for every person so vaccinated shall not be less than 1s. 6d. when the vaccination is performed within two miles of the residence of the Vaccinator by the nearest public road, and 28. 6d. when beyond that distance. The Registrar-General ($ 13) on application is to be furnished with books, certificates, and stationery of proper forms; and is (§ 14) to frame regulations for the Registrars. The Registrar of Births, Deaths, and Marriages in every district shall enter in the duplicate register of births in the column in which the name of each child is written the word “ vaccinated,” or “insusceptible,” as the case may be ($ 15), and is to initial each entry, adding thereto the date of the certificate of vaccination or insusceptibilty ; and is also to keep a book in which shall be entered the name of each child whose vaccination has been duly certified as necessarily postponed, and the period for which it has been postponed, referring to the entry in the register of the birth of such child; such books to be open for search at all reasonable times, and the registrar shall be obliged to give a copy of each entry therein on payment of one shilling for each search and sixpence for each certificate. A fee of threepence ($ 16) is to be paid to the Registrar for each person vaccinated, payable from the assessment authorised by the Acts in force for the Registration of Births, Deaths, and Marriages in Scotland. A penalty ($ 17) not exceeding 20s. is imposed on any parent or guardian of a child who shall not transmit the certificate of vaccination to the Registrar in the manner prescribed, but a notice must first be sent by the Registrar, for which he may charge one sbilling; and in case of non-payment of the fee and penalty the offender may be imprisoned for any period not exceeding ten days. In Insular, Highland, and other Districts, or portions of such districts, ($ 12) where, from the difficulty of travelling and other causes, it may be considered inexpedient to enforce the provisions of this Act, as expressed in 88 8, 9, 10, and 11, it shall be competent to the Board of Supervision, upon application by the Parochial Board, from time to time to frame such modifications thereof as they may consider proper, and the same, when approved of by the Lord Advocate for the time being, shall be held to supersede the provisions in these clauses so far as regards such districts; and the Board of Supervision may, if applied to by the Parochial Board, in such cases appoint a medical practitioner or practitioners to travel throughout such districts for the purpose of vaccinating under the provisions of this Act, and may fix such reasonable remuneration to be paid to the medical practitioners so appointed as they think proper, and may allocate among the parishes or combinations within such district such proportion of the expenses so fixed as the Board may think proper, and the expenses so allocated shall be

defrayed by such parish or combination in the same way as the expenses incurred by Parochial Boards in the execution of this Act are herein directed to be paid : provided, that in no case shall the remuneration to such medical practitioner exceed a sum equal to 3s. 6d. for each child vaccinated by him over and above an allowance for travelling expenses.” The Registration Districts ($ 3) are to be those already formed for the registration of Births, Deaths, and Marriages. The Parochial Boards (S. 4) are to give notice of the appointment and the names of each Vaccinator within forty-eight hours to the Board of Supervision, the Registrar-General, and the Registrars of the District; and the Parochial Boards, the Vaccinators, and other officers employed in the relief of the poor, (8 5) are to conform to the regulations made by the Board of Supervision. The Parochial Boards ($ 6) are to defray the expenses incurred out of the rates or moneys coming to them for the relief of the poor, including the portion of any grant voted by parliament towards the medical treatment of the poor, and are to include in any assessment levied for the relief of the poor such sum as may be considered necessary for carrying the Act into effect. Vaccination, ($ 7) and any medical or surgical treatment incidental to it, is not to be considered parochial relief, and is not to affect the parochial settlement of any person so vaccinated. After January 1, 1864 ($ 8), parents or guardians, or one of them, or any person having the care or nurture of a child, shall within six months of the birth, cause such child to bé vaccinated by a medical practitioner, who shall give a certificate if performed successfully to the person producing the child; the certificate to be lodged with the Registrar within three days of the date thereof; but if the child be not in a fit state for vaccination (§ 9) the medical officer is to deliver a certificate to that effect, which will be in force for two months, within which time the child must be reproduced. If the child be insusceptible of the vaccine disease ($ 10), he is to give a certificate to that effect, which certificate will exempt from penalties. The Registrar of Births ($ 11) is to deliver to every person registering a birth, a printed notice of the time and other particulars prescribed by this Act for the vaccination of the child. The Registrars ($ 18) are to transmit to the Inspector of the Poor, once in every six months, a list of the names and addresses of such persons as have failed to transmit or lodge a certificate of vaccination in terms of this Act, such lists are to be laid before the Parochial Board, who are thereupon to issue an order to the Vaccinator to vaccinate the persons so named ; notice in writing is to be given to such persons, or if children to their parents or guardians; and the Vaccinator, in not less than ten nor more than twenty days, shall vaccinate them; and the refusal to be, or not allowing children to be so vaccinated, subjects the offender to a penalty of not more than 20s., and, failing payment, to imprisonment for not more than ten days. In the General Abstract of Births, Deaths, and Marriages ($ 19), which is to be sent annually to the Secretary of State, a return is to be made of the number of children vaccinated successfully, postponed, or insusceptible. The Registrars ($ 20) are to be subject to the control of the Registrar-General. The Vaccinators ($ 21) are to keep a book, in which they are to enter the number of persons successfully vaccinated, of those postponed, and insusceptible and shall yearly make a return of the same, in such form as the Board, of Supervision may require; such book to be at all times open for inspection, free of charge, by the Registrar-General, Inspectors, or Registrars, and officers of the Parochial Board. No certificate ($ 22) is to be received as evidence unless recorded by the Registrar. The Vaccinator ($ 23) is to transmit to the Registrar the particulars of each certificate granted by him, and the neglect so to do subjects him to a penalty of 20s. Any person ($ 24) who shall produce or attempt to produce in any person, by inoculation with variolous matter, or by wilful exposure to variolous matter, or to any matter, article, or thing impregnated with variolous matter, or wilfully by any other means whatever produce the disease of small-pox in Scotland, shall forfeit a sum of 51.

All penalties ($ 25) are recoverable by summary process; proceedings (§ 26) may be taken at any time when the parties are in default, and the penalties recovered are to go to the funds for the support of the poor. If the Parochial Board fail to perform the duties imposed on them, the Board of Supervision may compel their performance, their acts to be as valid as those of the Parochial Board, and with the same powers. Where there is no Parochial Board (§ 28), the Heritors of the parish or place are to act. All disputes ($ 29) are to be determined by the Sheriff of the county.


[26 and 27 Victoriæ, cap. 109.-July 28, 1863.] An Act for remedying certain Defects in the Law relating to the Remoral

of Prisoners in Scotland. This short Act is merely to provide for the punishment of prisoners guilty of misconduct while being removed from one prison to another; and that sentences for penal servitude are to be carried into effect, by the removal of the offender from the bar to the chief local prison, unless the sentence otherwise provide.

TELEGRAPHS. [26 and 27 Victoriæ, cap. 112.-July 28, 1863.] An Act to regulate the Exercise of Powers under Special Acts for the

Construction and Maintenance of Telegraphs. This Act of 53 clauses provides that before a Company proceeds to place a telegraph over, along, or across a street, not being a street in the metropolis or in a city, or a public road, or to place posts, they are to publish a notice that they have got the consent of the body having the control of the street, and leave notice at the dwellinghouses, and are not to place the telegraph until after 21 days' notice, during which time objections can be made to the Board of Trade ; posts previously placed, which are considered dangerous are to be removed after notice is given, but if the Company object the Board of Trade is to decide. Streets and public roads are to be opened only after notice, and under superintendence of the authority having control over the street; the work is to be completed with all speed, the broken road is to be fenced, watched, and lighted at night, and to be kept in repair for six months, under penalties not exceeding 201., and 51. for each day in which the offence is continued ; and regulations are made so that traffic may be as little impeded as possible, Consent of owners of houses to be obtained, and compensation made where any property is prejudicially affected ; and the Company may be required to raise the height of the telegraph if the owner of a house over which it passes give notice of his intention to raise the height of his house, and it must be six feet above the house unless the owner consents to a less height.

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