Dissolution. Penalty for failure to give notice. Definition of there, and until such change of name or amalgamation is so registered the same shall not take effect. 14. The rules of every trade union shall provide for the manner of dissolving the same, and notice of every dissolution of a trade union under the hand of the secretary and seven members of the same, shall be sent within fourteen days thereafter to the central office herein-before mentioned, or, in the case of trade unions registered and doing business exclusively in Scotland or Ireland, to the assistant registrar for Scotland or Ireland respectively, and shall be registered by them: Provided, that the rules of any trade union registered before the passing of this Act shall not be invalidated by the absence of a provision for dissolution. 15. A trade union which fails to give any notice or send any document which it is required by this Act to give or send, and every officer or other person bound by the rules thereof to give or send the same, or if there be no such officer, then every member of the committee of management of the union, unless proved to have been ignorant of, or to have attempted to prevent the omission to give or send the same, is liable to a penalty of not less than one pound and not more than five pounds, recoverable at the suit of the chief or any assistant registrar of Friendly Societies, or of any person aggrieved, and to an additional penalty of the like amount for each week during which the omission continues. 16. So much of section twenty-three of the principal Act as "trade union" defines the term trade union, except the proviso qualifying such definition, is hereby repealed, and in lieu thereof be it enacted as follows: altered. Short title of Restriction The term "trade union means any combination, whether temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business, whether such combination would or would not, if the principal Act had not been passed, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade. CHAPTER 23. An Act to amend the Prevention of Crimes Act, 1871. convicted of crime in the United Kingdom are required to be registered and photographed, and unnecessary expense is thereby incurred: 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 be cited for all purposes as the Prevention of Crimes Amendment Act, 1876. 2. In Great Britain the Secretary of State, and in Ireland the on obligation Lord Lieutenant, may from time to time by order prescribe the to register and criminals. class or classes of prisoners to which the enactments of the Pre- photograph vention of Crimes Act, 1871, relating to registry and photographing are for the time being to apply; and such enactments shall, so long as any such orders are in force, be deemed to apply to the prescribed class or classes of prisoners only, and not to all persons convicted of crime. ༣ མ F༣༩ CHAPTER 24. An Act for the Relief of the Executors of Testates in THEREAS many poor persons die testate in Scotland possessed of personal estate of small amount, and it is desirable to increase the facilities for expeding confirmation to such estate and effects, and to reduce the expense attending the same: 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 be cited for all purposes as "The Small Testate Short title. Estates (Scotland) Act, 1876." 2. This Act shall extend to Scotland only. Extent of Act. ceed 1507. to fill up in 3. Where the whole real and personal estate and effects of a Where estate testate dying domiciled in Scotland shall not exceed in value the does not exsum of one hundred and fifty pounds, the executor of such testate executor may may apply to the commissary clerk of the county within which such apply to comtestate was domiciled at the time of death; and the said com- missary clerk missary clerk, on production of the will or other writing of the ventory and testate containing the nomination of an executor, shall prepare expede conand fill up an inventory and relative oath, as nearly as may be firmation. in the form of Schedule A. appended to this Act, and, upon such inventory being duly sworn to by the executor, shall proceed to record said will or other writing and inventory and expele confirmation in the form as nearly as may be of Schedule B. annexed to this Act, and shall deliver the same to the executor without the payment of any fee therefor save as is provided in Schedule C. annexed to this Act; and such confirmation shall have the same force and effect as that prescribed in Schedule E. annexed to the Act of the twenty-first and twenty-second Victoria, chapter fiftysix; and where such confirmation shall contain English or Irish estate the registrar of any probate court in England or Ireland shall affix the seal of the said court thereto on the confirmation being sent to him by the commissary clerk for that purpose, enclosing a fee of two shillings and sixpence. 4. The commissary clerk of the county may require such proof Proof of as he may think sufficient to establish the identity of the executor. identity. satisfied that 5. If the commissary clerk of the county has reason to believe Commissary that the whole real and personal estate and effects of which the clerk must be testate died possessed exceed in value one hundred and fifty pounds, whole estate is he shall refuse to proceed with the application until he is satisfied under 1507. as to the true value thereof. Who may administer oath. Procedure and fees. Inventory duty not affected. 6. Oaths or affirmations under this Act or under the Intestates Widows and Children's (Scotland) Act, 1875, shall, notwithstanding anything to the contrary in the last-mentioned Act, be administered in the manner provided by section 11 of the Confirmation and Probate Act, 1858. 7. Any rules and orders and tables of fees requisite for carrying this Act into operation shall be framed and may from time to time be altered by the Court of Session by Act of Sederunt; but the total amount to be charged to executors shall not in any case exceed the sums mentioned in Schedule C. annexed to this Act. 8. Provided always, that nothing herein contained shall be construed to affect any duty now payable on inventories of personal estate. SCHEDULES. SCHEDULE A. FORM OF INVENTORY AND RELATIVE OATH. INVENTORY of the PERSONAL ESTATE and EFFECTS wheresoever situated of A.B. (design deceased), who died, testate, on the day of 18 at and had at the time of death his (or her) ordinary or principal domicile in the county of A. 1. Principal sum in policy of insurance on life of deceased by 18 Vested bonuses and dated Amount of personal estate in England £ At Total amount of personal estate in Scotland and England £ (Add under Scotland or England any other estate in usual form.) on the day of 18 In presence of Appeared C.D. (design deponent), who being solemnly sworn and examined depones : That the said A.B. (repeat designation) died, testate, on the day of 18 , and had at the time of death his (or her) ordinary or principal domicile in the said county of A.: That the deponent is the executor of the said A.B., and has entered upon the possession and management of his or her estate as executor nominated by him or her (along with will (or other testamentary settlement or writing) dated the 18 and now exhibited and signed by the deponent, and relative hereto: That the deponent does not know of any other will or testamentary settlement or writing relative to the disposal of the deceased's personal estate or effects, or any part thereof: That the foregoing inventory signed by the deponent and the said as as relative hereto is a full and complete inventory of the personal estate and effects of the said deceased A.B. wheresoever situated and belonging or due to him (or her) beneficially at the time of death in so far as the same has come to the knowledge of the deponent: That the value at this date of the whole real and personal estate and effects, including the proceeds accrued thereon down to this date, does not exceed 150. sterling: That confirmation of the said personal estate and effects in Scotland (England and Ireland, as the case may be) is required in favour of the deponent (and the said ). All which is truth, as the deponent shall answer to God. SCHEDULE B. FORM OF CONFIRMATION. Confirmation issued under the Act 39 & 40 Vict. CONFIRMATION in favour of C.D., residing at at cap. 24. executor nominate of A.B. day of 18 and had at the time of death his (or her) ordinary or principal domicile in the county of A. The said deceased A.B. had pertaining and resting owing to him (or her) at the time of his (or her) death the following personal estate and effects, viz. : [Take in particulars of estate as specified in the inventory.] day of 18 at day of , and had at the time of I, E.F., Esq., Commissary of the said county of A., considering that the said A.B. died, testate, on the death his (or her) ordinary or principal domicile in the said county of A.; and farther considering that the said A.B. by his (or her) will (or other writing containing the nomination of executor) dated the 18 and recorded in my 18 nominated and appointed the said C.D. to be his (or her) executor; and now seeing that the said C.D., as executor nominate foresaid, has given up on oath an inventory of the whole personal estate and effects of the said A.B. at the time of his (or her) death, situated in Scotland (and England and Ireland, as the case may be), amounting in value to £ court books upon the day of therein and herein-before set forth, and that the said inventory has likewise been recorded in my court books on the said day of 18 : Therefore I, in Her Majesty's name and authority, ratify, approve, and confirm the nomination of executor contained in the foresaid will (or other writing containing the nomination of executor), and I give and commit to the said C.D. full power to uplift, receive, administer, and dispose of the said personal estate and effects, grant discharges thereof, if needful to pursue therefor, and generally everything concerning the same to do that to the office of an executor nominate is known to belong : Providing always, that he shall render just count and reckoning for his intromissions therewith, when and where the same shall be legally required. Given under the seal of office of the commissariat of the county of A., and signed by the clerk of court at Where the whole personal estate and effects of the testate shall not exceed in value twenty pounds, the sum of five shillings, and where the whole estate and effects shall exceed in value twenty pounds, the sum of five shillings, and he further sum of one shilling for every ten pounds or fraction of ten pounds by which the value shall exceed twenty pounds; together with the ordinary fees exigible for recording the will or other writing of the testate. 31 & 32 Vict. c. 102. 31 & 32 Vict. c. 108. Extent of Act. Construction of Act. Amendment of recited Acts. Short title. Extent of Act. Commencement of Act. Interpretation of terms. WH CHAPTER 25. An Act to amend the Law in Scotland in regard to the division of Burghs into Wards. [13th July 1876.] HEREAS by the "General Police and Improvement (Scotland) Act, 1862, Amendment Act," provision is made for the division into wards of a burgh in the sense of that Act, not being a royal or parliamentary burgh, having, by the census last taken, a population of above ten thousand persons: And whereas by the Municipal Elections Amendment (Scotland) Act, 1868, provision is made for the division into wards of any royal or parliamentary burgh having, by the census last taken, a population of above ten thousand persons: And whereas it is expedient to amend such provisions: 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. This Act shall extend to Scotland only. 2. This Act shall be read and construed together with the recited Acts respectively. 3. The sixth section of the first-recited Act, and the seventeenth section of the second-recited Act, shall be read and construed as if for the words "ten thousand" therein respectively the words "five thousand" were substituted. CHAPTER 26. An Act to assimilate the Law of Scotland relating to the BE E 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. This Act may be cited as "The Publicans' Certificates (Scotland) Act, 1876." 2. This Act shall apply to Scotland only. 3. This Act shall, except so far as is otherwise expressly provided, commence and come into operation on the first day of January one thousand eight hundred and seventy-seven. 4. In this Act the following words and terms have the meanings herein-after assigned to them; that is to say, County" includes a county of a city, and for the purposes of this Act the upper and middle wards of the county of Lanark shall be considered as constituting a county, and the lower ward of the county of Lanark as also constituting a county: Burgh" means any burgh having at present the power of licensing vested in the magistrates thereof; and the boundaries of a burgh shall, for the purposes of this Act, be the same as those within which the magistrates of the burgh have now |