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Short title.

Definitions.

Court in pronouncing decree of disjunction and erection may

several glebes of a united parish to be the glebe of new parish quoad sacra.

And whereas there are in Scotland united parishes in which there is more than one glebe forming part of the benefice:

And whereas it is expedient that where an application is presented under the recited Act for the disjunction of a portion of a united parish having more than one glebe, and its erection into a parish quoad sacra, it should be lawful for the Court of Teinds, under certain conditions, to transfer to the minister of such parish quoad sacra one of the glebes of such united parish:

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 for all purposes be cited as "The United Parishes (Scotland) Act, 1876."

2. The expression "Court of Teinds" shall mean the Lords of Council and Session acting in their capacity of commissioners for the plantation of kirks and valuation of teinds.

The expression "glebe" shall include grass glebe or ministers grass, and any land settled in perpetuity on the minister for the time being.

3. If in the course of any proceedings under the recited Act for the disjunction of a portion of a united parish in Scotland and for its erection into a parish quoad sacra, it shall appear that there is more than one glebe forming part of the benefice of such united declare one of parish, it shall be lawful for the Court of Teinds, upon sufficient evidence being produced of the consent of the presbytery, in pronouncing decree of disjunction and erection, to declare that one of such glebes, duly described by its marches and boundaries and with its parts and pertinents, shall be transferred from the minister of such united parish to the minister of such parish quoad sacra, and such glebe shall thereafter be the glebe of the said parish quoad sacra, and the minister thereof shall be invested with all those rights in relation thereto which were formerly vested in the minister of the said united parish: Provided always, that the right to the personal occupancy and enjoyment of such glebe as aforesaid shall continue with the minister of the said united parish in office at the date of such decree during his incumbency, unless he shall, by a deed duly executed and lodged with the clerk of the presbytery, renounce the same.

Provision in

of united

parish comprises more than one

glebe.

4. If a portion of a united parish in Scotland has under the case benefice provisions of the recited Act been erected into a parish quoad sacra, and it shall appear in the course of any proceedings taken under this Act that there is more than one glebe forming part of the benefice of such united parish, it shall be lawful for the Court of Teinds, upon sufficient evidence being produced of the consent of the presbytery, to decern and declare that one of such glebes, duly described by its marches and boundaries and with its parts and pertinents, shall be transferred from the minister of such united parish to the minister of such parish quoad sacra, and such glebe shall thereafter be the glebe of the said parish quoad sacra, and the minister thereof shall be invested with all those rights in relation thereto which were formerly vested in the minister of the said united parish: Provided always, that the right to the personal

occupancy and enjoyment of such glebe as aforesaid shall continue with the minister of the said united parish in office at the date of such decree during his incumbency, unless he shall, by a deed duly executed and lodged with the clerk of the presbytery, renounce the

same.

trust.

5. The glebe which shall be declared as aforesaid to be the glebe Glebe not to be subject to of the parish erected quoad sacra shall not be subject to the provisions of any trust constituted in terms of the recited Act, subject to this proviso, that if a manse and offices are erected on such glebe, either before or after decree of disjunction and erection or decree as aforesaid, the site of such manse and offices shall be subject to the provisions of any trusts constituted in terms of said recited Act. 6. Nothing in this Act shall increase or affect the existing Not to increase liabilities of the heritors in any parish. 7. This Act shall be deemed to be incorporated with the recited This Act and Act, and the recited Act shall be read and construed accordingly.

liabilities of heritors.

recited Act incorporated.

CHAPTER 12.

An Act to assimilate the Law of Scotland to that of England respecting the creation of Burgesses.

[1st June 1876.]

HEREAS an Act was passed in the fifth and sixth year of His Majesty William the Fourth, chapter seventy-six, intituled "An Act to provide for the regulation of Municipal "Corporations in England and Wales :"

And whereas another Act was passed in the thirty-second and thirty-third year of Her Majesty, chapter fifty-five, amending the

same:

And whereas it is expedient to assimilate the law of Scotland in some respects to the law of England as regards the creation of burgesses:

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:

1. Every person in Scotland of full age, liable to be rated for the Qualification relief of the poor, who at the term of Whitsunday one thousand of burgesses. eight hundred and seventy-six, or any succeeding term of Whitsunday in any year, shall have occupied any house, warehouse, counting-house, shop, or other building within any burgh in which there are burgesses, during the whole of that year, and the whole of the two preceding years, and who, during the time of such occupation, shall have been an inhabitant householder within the said burgh, and who shall have been rated in respect of such premises so occupied within the burgh to all rates made for the relief of the poor of the parish wherein such premises are situated during the time of his occupation as aforesaid, and who shall have paid, on or before the last term of Whitsunday as aforesaid, all such rates, together with all burgh rates, if any, as shall have become payable in respect of the said premises, except such as shall have become

Saving.

Commutation of petty customs.

payable within six calendar months next before the said last term of Whitsunday, shall be, subject to the conditions herein-after contained, a burgess of such burgh, so long as such person shall occupy premises, and be rated and pay rates in manner aforesaid within the same Provided that the premises in respect of the occupation of which any person shall have been so rated need not be the same premises or in the same parish, but may be different premises in the same parish or different parishes: Provided also, that no person being an alien, and no person who, within twelve calendar months next before the last term of Whitsunday, shall have received parochial relief, or any pension or charitable allowance from the town council revenues of such burgh, or from any corporate body within the same, shall by virtue of this Act be held-to be a burgess of such burgh so long as he continues to receive such pension or charitable allowance Provided further, that no person shall be disqualified from being a burgess as aforesaid by reason that any child of such person shall have been admitted and taught within any endowed school.

:

2. Nothing herein contained shall interfere with any law or legal usage by which burgesses are now created or admitted in any burgh, or give or imply any right or title to or interest in any merchants house or trades house, or any patrimonial lands, common or other properties, funds, or revenues of any of the guilds, burgesses of guild, crafts, or incorporations of the burgh, or to or in any burgess acres, or any grazing rights connected therewith, or any mortifications or benefactions for behoof of the members of such guilds, burgesses of guild, crafts, or incorporations, or of their families, or any right of management thereof, or any membership any of the said guilds, burgesses of guild, crafts, or incorporations, or of such burgess acres Provided that the widows and children of burgesses admitted under this Act, and who may die during the period of their burgess-ship, shall have and enjoy all the rights and privileges which the widows and children of simple burgesses created or admitted in any other manner now enjoy by the law and practice of Scotland.

in

3. Whereas the effect of this Act may be to reduce the produce of the petty customs or duties leviable in any burgh: Be it enacted, that in the event of the magistrates and council of such burgh resolving in terms of the Act passed in the thirty-third and thirtyfourth years of the reign of Her Majesty, chapter forty-two, to abolish such petty customs and duties and in lieu thereof to levy, by way of assessment, a rate or rates not exceeding the rate or rates mentioned in the said Act, calculated to yield in the whole in the year an amount equal to the nett yearly amount of such petty customs, it shall be lawful to calculate such nett yearly amount with reference to the produce of the petty customs or duties levied in such burgh in the year ending Whitsunday one thousand eight hundred and seventy-six.

CHAPTER 13.

An Act to prevent the Administration of Poisonous Drugs
to Horses and other Animals.
[1st June 1876.]

WHEREAS it is expedient to make provision against the

practice of administering poisonous drugs to horses and other animals by disqualified persons, and without the knowledge and consent of the owners of such horses and animals:

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. If any person wilfully and unlawfully administers to or causes Penalty on to be administered to or taken by any horse, cattle, or domestic giving poisonous drugs to animal any poisonous or injurious drug or substance, he shall horses, &c. (unless some reasonable cause or excuse is shown on his behalf) be unlawfully. liable, on summary conviction, to a penalty not exceeding five pounds, or at the discretion of the court, to imprisonment, with or without hard labour, for any term not exceeding one month in the case of a first offence, or three months in the case of a second or any subsequent offence.

2. Nothing in this Act shall extend to any person being owner Saving of peror acting by authority of the owner of the horse, cattle, or other sons qualified, animal to which any drug or substance is administered.

&c.

laws.

3. Nothing in this Act shall exempt a person from liability to Saving of other any greater or other punishment under any other Act or law, so that he be not more than once punished for the same offence.

4. Any offence against this Act may be prosecuted in the manner Prosecution. provided by the Summary Jurisdiction Acts before two justices of

the peace.

5. This Act shall not extend to Scotland or to Ireland.

Extent of Act.

6. This Act may be cited as the "Drugging of Animals Act, Short title. 1876."

CHAPTER 14.

An Act to extend the provisions of the Exchequer and
Audit Departments Act, 1866, to the Accounts of the
Commissioners for the Government of the Royal Hospital
at Chelsea.
[1st June 1876.]

W

HEREAS by sections forty and forty-one of the Army Prize 2 & 3 Will. 4. Act, 1832, it is enacted that the deputy treasurer of the c. 53. Royal Hospital at Chelsea (in this Act referred to as Chelsea Hospital) shall lay annually before both Houses of Parliament an account in the form therein mentioned, and that the treasurer or deputy treasurer of the said Hospital shall render to the Commissioners thereof an account of their receipts and payments as therein mentioned, and the Commissioners are authorised to examine, audit, and finally pass the same:

c. 35.

And whereas in pursuance of the Paymaster General Act, 1835, 5 & 6 Will. 4. all the powers and duties of the treasurer of Chelsea Hospital are now vested in Her Majesty's Paymaster General:

29 & 30 Vict. c. 39.

Extension of

c. 39. to ac

And whereas by section thirty-three of the Exchequer and Audit Departments Act, 1866, the Comptroller and Auditor-General is directed to examine and audit, if required so to do by the Treasury, in accordance with regulations of the Treasury, the accounts therein mentioned; and it is expedient to extend the said enactment to the accounts of Chelsea Hospital:

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 Exchequer and Audit Departments Act, 1866, shall apply 29 & 30 Vict. to the accounts of the receipts and expenditure of the Commiscounts of sioners of Chelsea Hospital for services other than those voted by Chelsea Hos- Parliament in like manner as if those accounts were mentioned in pital. section thirty-three of the said Act. The accounts, together with the report of the Comptroller and Auditor General thereon, shall be laid before both Houses of Parliament within one month after he has audited the same.

Short title.

Sections forty and forty-one of the Army Prize Act, 1832, are hereby repealed, as from the thirty-first day of March one thousand eight hundred and seventy-six, without prejudice to anything done or suffered under the said enactments; and the accounts of all receipts and expenses prior to the said date shall be laid before. Parliament, and may be examined, audited, and passed, as if this Act had not passed.

2. This Act may be cited as the Chelsea Hospital Act, 1876. The Acts in the schedule to this Act are in this Act referred to by the short titles therein mentioned.

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An Act to apply the sum of Eleven million pounds out
of the Consolidated Fund to the service of the year
ending the thirty-first day of March one thousand eight
hundred and seventy-seven.
[1st June 1876.]

Most Gracious Sovereign,

E, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland,

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