1Power to extend additional enactments.
The Foreign Jurisdiction Act, 1890, shall have effect as if to the enactments mentioned in the First Schedule to that Act (being enactments which may be applied by Order in Council to foreign countries in which for the time being His Majesty has jurisdiction) there were added the enactments mentioned in the Schedule to this Act.
2Short title.
This Act may be cited as the Foreign Jurisdiction Act, 1913, and the Foreign Jurisdiction Act, 1890, and this Act may be cited together as the Foreign Jurisdiction Acts, 1890 and 1913.

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1Definition of forgery
(1)For the purposes of this Act, forgery is the making of a false document in order that it may be used as genuine, and in the case of the seals and dies mentioned in this Act the counterfeiting of a seal or die, and forgery with intent to defraud or deceive, as the case may be, is punishable as in this Act provided.
(2)A document is false within the meaning of this Act if the whole or any material part thereof purports to be made by or on behalf or on account of a person who did not make it nor authorise its making ; or if, though made by or on behalf or on account of the person by whom or by whose authority it purports to have been made, the time or place of making, where either is material, or, in the case of a document identified by number or mark, the number or any distinguishing mark identifying the document, is falsely stated therein ; and in particular a document is false:—
(a)if any material alteration, whether by addition, insertion, obliteration, erasure, removal, or otherwise, has been made therein;
(b)if the whole or some material part of it purports to be made by or on behalf of a fictitious or deceased person;
(c)if, though made in the name of an existing person, it is made by him or by his authority with the intention that it should pass as having been made by some person, real or fictitious, other than the person who made or authorised it.
(3)For the purposes of this Act—
(a)it is immaterial in what language a document is expressed or in what place within or without the King's dominions it is expressed to take effect;
(b)Forgery of a document may be complete even if the document when forged is incomplete, or is not or does not purport to be such a document as would be binding or sufficient in law;
(c)The crossing on any cheque, draft on a banker, post-office money order, postal order, coupon, or other document the crossing of which is authorised or recognised by law, shall be a material part of such cheque, draft, order, coupon, or document.
2Forgery of certain documents with, intent to defraud
(1)Forgery of the following documents, if committed with intent to defraud, shall be felony and punishable with penal servitude for life :—
(a)Any will, codicil, or other testamentary document, either of a dead or of a living person, or any probate or letters of administration, whether with or without the will annexed;
(b)Any deed or bond, or any assignment at law or in equity of any deed or bond, or any attestation of the execution of any deed or bond ;
(c)Any bank note, or any indorsement on or assignment of any bank note.
(2)Forgery of the following documents, if committed with intent to defraud, shall be felony and punishable with penal servitude for any term not exceeding fourteen years :—
(a)Any valuable security or assignment thereof or endorsement thereon, or, where the valuable security is a bill of exchange, any acceptance thereof ;
(b)Any document of title to lands or any assignment thereof or endorsement thereon ;
(c)Any document of title to goods or any assignment thereof or endorsement thereon ;
(d)Any power of attorney or other authority to transfer any share or interest in any stock, annuity, or public fund of the United Kingdom or any part of His Majesty's dominions or of any foreign state or country or to transfer any share or interest in the debt of any public body, company, or society, British or foreign, or in the capital stock of any such company or society, or to receive any dividend or money payable in respect of such share or interest or any attestation of any such power of attorney or other authority ;
(e)Any entry in any book or register which is evidence of the title of any person to any share or interest hereinbefore mentioned or to any dividend or interest payable in respect thereof ;
(f)Any policy of insurance or any assignment thereof or endorsement thereon ;
(g)Any charter-party or any assignment thereof;
(h)Any declaration, warrant, order, affidavit, affirmation, certificate, or other document required or authorised to be made by or for the purposes of the Government Annuities Act, 1829, or the Government Annuities Act, 1832, or by the National Debt Commissioners acting under the authority of the said Acts ;
(i)Any certificate of the Commissioners of Inland Revenue or any other Commissioners acting in execution of the Income Tax Acts ;
(j)Any certificate, certificate of valuation, sentence or decree of condemnation or restitution, or any copy of such sentence or decree, or any receipt required by the Slave Trade Acts.
3Forgery of certain documents with, intent to defraud or deceive
(1)Forgery of the following documents, if committed with intent to defraud or deceive, shall be felony, and punishable with penal servitude for life :—Any document whatsoever having thereupon or affixed thereto the stamp or impression of the Great Seal of the United Kingdom, His Majesty's Privy Seal, any privy signet of His Majesty, His Majesty's Royal Sign Manual, any of His Majesty's seals appointed by the Twenty-fourth Article of the Union between England and Scotland to be kept, used, and continued in Scotland, the Great Seal of Ireland or the Privy Seal of Ireland. (2) Forgery of the following documents, if committed with intent to defraud or deceive, shall be felony, and punishable with penal servitude for any term not exceeding fourteen years:—
(a)Any register or record of births, baptisms, namings, dedications, marriages, deaths, burials, or cremations, which now is, or hereafter may be, by law authorised or required to be kept in the United Kingdom, relating to any birth, baptism, naming, dedication, marriage, death, burial, or cremation, or any part of any such register, or any certified copy of any such register, or of any part thereof ;
(b)Any copy of any register of baptisms, marriages, burials, or cremations, directed or required by law to be transmitted to any registrar or other officer ;
(c)Any register of the birth, baptism, death, burial, or cremation of any person to be appointed a nominee under the provisions of the Government Annuities Act, 1829, or any copy or certificate of any such register, or the name of any witness to any such certificate ;
(d)Any certified copy of a record purporting to be signed by an assistant keeper of the Public Records in England ;
(e)Any wrapper or label provided by or under the authority of the Commissioners of Inland Revenue or the Commissioners of Customs and Excise.
(3)Forgery of the following documents, if committed with intent to defraud or deceive, shall be felony, and punishable with penal servitude for any term not exceeding seven years :—
(a)Any official document whatsoever of or belonging to any court of justice, or made or issued by any judge, magistrate, officer, or clerk of any such court;
(b)Any register or book kept under the provisions of any law in or under the authority of any court of justice ;
(c)Any certificate, office copy, or certified copy of any such document, register, or book or of any part thereof ;
(d)Any document which any magistrate or any master or registrar in lunacy is authorised or required by law to make or issue ;
(e)Any document which any person authorised to administer an oath under the Commissioners for Oaths Act, 1889, is authorised or required by law to make or issue ;
(f)Any document made or issued by an officer of state or law officer of the Crown, or any document upon which, by the law or usage at the time in force, any court of justice or any officer might act;
(g)Any document or copy of a document used or intended to be used in evidence in any Court of Record, or any document which is made evidence by law ;
(h)Any certificate required by any Act for the celebration of marriage ;
(i)Any licence for the celebration of marriage which may be given by law ;
(j)Any certificate, declaration, or order under any enactment relating to the registration of births or deaths ;
(k)Any register book, builder's certificate, surveyor's certificate, certificate of registry, declaration, bill of sale, instrument of mortgage, or certificate of mortgage or sale under Part I. of the Merchant Shipping Act, 1894, or any entry or endorsement required by the said Part of the said Act to be made in or on any of those documents ;
(l)Any permit, certificate, or similar document made or granted by or under the authority of the Commissioners of Customs and Excise.
4Forgery of other documents with intent to defraud or to deceive a misdemeanour
(1)Forgery of any document, which is not made felony under this or any other statute for the time being in force, if committed with intent to defraud, shall be a misdemeanour and punishable with imprisonment with or without hard labour for any term not exceeding two years.
(2)Forgery of any public document which is not made felony under this or any other statute for the time being in force, if committed with intent to defraud or deceive, shall be a misdemeanour and punishable with imprisonment with or without hard labour for any term not exceeding two years.
5Forgery of seals and dies
(1)Forgery of the following seals, if committed with intent to defraud or deceive, shall be felony and punishable with penal servitude for life :—
(a)The Great Seal of the United Kingdom, His Majesty's Privy Seal, any privy signet of His Majesty, His Majesty's Royal Sign Manual, any of His Majesty's seals appointed by the Twenty-fourth Article of the Union between England and Scotland to be kept, used, and continued in Scotland, the Great Seal of Ireland or the Privy Seal of Ireland ;
(b)The seal of the Public Record Office in England ;
(c)The seal of any court of record ;
(d)The seal of the office of the Registrar-General of Births, Deaths, and Marriages.
(2)Forgery of the following seals, if committed with intent to defraud or deceive, shall be felony, and punishable with penal servitude for any term not exceeding fourteen years :—
(a)The seal of any register office relating to births, baptisms, marriages, or deaths ;
(b)The seal of any burial board or of any local authority performing the duties of a burial board ;
(c)The seal of or belonging to any office for the registry of deeds or titles to lands.
(3)Forgery of the following seals, if committed with intent to defraud or deceive, shall be felony and punishable with penal servitude for any term not exceeding seven years :—
(a)The seal of any court of justice other than a court of record;
(b)The seal of the office of any master or registrar in lunacy.
(4)Forgery of the following dies, if committed with intent to defraud or deceive, shall be felony and punishable with penal servitude for any term not exceeding fourteen years :—
(a)Any die provided, made, or used by the Commissioners of Inland Revenue or the Commissioners of Customs and Excise;
(b)Any die which is or has been required or authorised by law to be used for the marking or stamping of gold or silver plate, or gold or silver wares.
(5)Forgery of the following die, if committed with intent to defraud or deceive, shall be felony and punishable with penal servitude for any term not exceeding seven years:—Any stamp or die provided, made, or used in pursuance of the Local Stamp Act, 1869.
6Uttering
(1)Every person who utters any forged document, seal, or die shall be guilty of an offence of the like degree (whether felony or misdemeanour) and on conviction thereof shall be liable to the same punishment as if he himself had forged the document, seal, or die.
(2)A person utters a forged document, seal, or die, who, knowing the same to be forged, and with either of the intents necessary to constitute the offence of forging the said document, seal, or die, uses, offers, publishes, delivers, disposes of, tenders in payment or in exchange, exposes for sale or exchange, exchanges, tenders in evidence, or puts off the said forged document, seal, or die.
(3)It is immaterial where the document, seal, or die was forged.
7Demanding property on forged documents, &c
Every person shall be guilty of felony and on conviction thereof shall be liable to penal servitude for any term not exceeding fourteen years, who, with intent to defraud, demands, receives, or obtains, or causes or procures to be delivered, paid or transferred to any person, or endeavours to receive or obtain or to cause or procure to be delivered, paid or transferred to any person any money, security for money Or other property, real or personal:—
(a)under, upon, or by virtue of any forged instrument whatsoever, knowing the same to be forged ; or
(b)under, upon, or by virtue of any "probate or letters of administration, knowing the will, testament, codicil, or testamentary writing on which such probate or letters of administration shall have been obtained to have been forged, or knowing such probate or letters of administration to have been obtained by any false oath, affirmation, or affidavit,
8Possession of forged documents, seals, and dies
(1)Every person shall be guilty of felony and on conviction thereof shall be liable to penal servitude for any term not exceeding fourteen years, who, without lawful authority or excuse, the proof whereof shall lie on the accused, purchases or receives from any person, or has in his custody or possession, a forged bank note, knowing the same to be forged.
(2)Every person shall be guilty of felony and on conviction thereof shall be liable to penal servitude for any term not exceeding fourteen years, who, without lawful authority or excuse, the proof whereof shall lie on the accused, and knowing the same to be forged, has in his custody or possession—
(a)any forged die required or authorised by law to be used for the marking of gold or silver plate, or of gold or silver wares, or any ware of gold, silver, or base metal bearing the impression of any such forged die ;
(b)any forged stamp or die as defined by the Stamp Duties Management Act, 1891 ;
(c)any forged wrapper or label provided by or under the authority of the Commissioners of Inland Revenue or the Commissioners of Customs and Excise.
(3)Every person shall be guilty of felony and on conviction thereof shall be liable to penal servitude for any term not exceeding seven years, who, without lawful authority or excuse, the proof whereof shall lie on the accused, and knowing the same to be forged, has in his custody or possession:—Any forged stamp or die, resembling or intended to resemble either wholly or in part any stamp or die which at any time whatever has been or may be provided, made, or used by or under the direction of the local authority for the purposes of the Local Stamp Act, 1869.
9Making or having in possession paper or implements for forgery
Every person shall be guilty of felony and on conviction thereof shall be liable to penal servitude for any term not exceeding seven years, who, without lawful authority or excuse, the proof whereof shall lie on the accused :—
(a)Makes, uses, or knowingly has in his custody or possession any paper intended to resemble and pass as—
(i)Special paper such as is provided and used for making any bank note, Treasury bill, or London county bill;
(ii)Revenue paper;
(b)Makes, uses, or knowingly has in his custody or possession, any frame, mould, or instrument for making such paper, or for producing in or on such paper any words, figures, letters, marks, lines, or devices peculiar to and used in or on any such paper;
(c)Engraves or in anywise makes upon any plate, wood, stone, or other material, any words, figures, letters, marks, lines, or devices, the print whereof resembles in whole or in part any words, figures, letters, marks, lines, or devices peculiar to and used in or on any bank note, or in or on any document entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund, or debt of any part of His Majesty's Dominions or of any foreign state, or in any stock, annuity, fund, or debt of any body corporate, company, or society, whether within or without His Majesty's dominions ;
(d)Uses or knowingly has in his custody or possession any plate, wood, stone, or other material, upon which any such words, figures, letters, marks, lines, or devices have been engraved or in any wise made as aforesaid ;
(e)Uses or knowingly has in his custody or possession any paper upon which any such words, figures, letters, marks, lines, or devices have been printed or in airy-wise made as aforesaid.
10Purchasing or having in possession certain paper before it has been duly stamped and issued
Every person shall be guilty of a misdemeanour and on conviction thereof shall be liable to imprisonment, with or without hard labour, for any term not exceeding two years, who, without lawful authority or excuse the proof whereof shall lie on the accused, purchases, receives, or knowingly has in his custody or possession—
(a)Any special paper provided and used for making Treasury bills or London county bills or any Revenue paper before such paper has been duly stamped, signed, and issued for public use :
(b)Any die peculiarly used in the manufacture of any such paper.
11Accessories and abettors
Any person who knowingly and wilfully aids, abets, counsels, causes, procures, or commands the commission of an offence punishable under this Act shall be liable to be dealt with, indicted, tried, and punished as a principal offender.
12Punishments
(1)Where a sentence of penal servitude may be imposed on conviction of an offence against this Act, the court may, instead thereof, impose a sentence of imprisonment, with or without hard labour, for not more than two years.
(2)—(a) On conviction of a misdemeanour punishable under this Act, the court, instead of or in addition to any other punishment which may be lawfully imposed, may fine the offender :
(b)On conviction of a felony punishable under this Act, the court, in addition to imposing a sentence of penal servitude or imprisonment, may require the offender to enter into his own recognizances, with or without sureties, for keeping the peace and being of good behaviour :
(c)On conviction of a misdemeanour punishable under this Act, the court, instead of or in addition to any other punishment which may lawfully be imposed for the offence, may require the offender to enter into his own recognizances, with or without sureties, for keeping the peace and being of good behaviour:
(d)No person shall be imprisoned under this section for more than one year for not finding sureties.
13Jurisdiction of quarter sessions in England
A court of quarter sessions in England shall not have jurisdiction to try an indictment for any offence against this Act or for an offence which, under any enactment for the time being in force, is declared to be forgery or to be punishable as forgery.
14Venue
(1)A person charged—
(a)with an offence against this Act; or
(b)with an offence indictable at common law or under any Act for the time being in force consisting in the forging or altering of any matter whatsoever, or in offering, uttering, disposing of, or putting off any matter whatsoever, knowing the same to be forged or altered;may be proceeded against, indicted, tried, and punished in any county or place in which he was apprehended or is in custody as if the offence had been committed in that county or place; and for all purposes incidental to or consequential on the prosecution, trial, or punishment of the offence, it shall be deemed to have been committed in that county or place:
Provided that, where the offence charged relates to documents made for the purpose of any Act relating to the suppression of the slave trade, it shall, for the purposes of jurisdiction and trial, be treated as an offence against the Slave Trade Act, 1873.
(2)Nothing in this section shall affect the laws relating to the government of His Majesty's naval or military forces.
15Criminal possession
Where the having any document, seal, or die in the custody or possession of any person is in this Act expressed to be an offence, a person shall be deemed to have a document, seal or die in his custody or possession if he—
(a)has it in his personal custody or possession ; or
(b)knowingly and wilfully has it in the actual custody or possession of any other person, or in any building, lodging, apartment, field, or other place, whether open or enclosed, and whether occupied by himself or not. It is immaterial whether the document, matter, or thing is had in such custody, possession, or place for the use of such person or for the use or benefit of another person.
16Search warrants
(1)If it shall be made to appear by information on oath before a justice of the peace that there is reasonable cause to believe that any person has in his custody or possession without lawful authority or excuse—
(a)any bank note ; or
(b)any implement for making paper or imitation of the paper used for bank notes ; or
(c)any material having thereon any words, forms, devices, or characters capable of producing or intended to produce the impression of a bank note ; or
(d)any forged document, seal, or die ; or
(e)any machinery, implement, utensil, or material used or intended to be used for the forgery of any document;the justice may grant a warrant to search for the same ; and if the same shall be found on search, it shall be lawful to seize it and carry it before a justice of the county or place in which the warrant was issued, to be by him disposed of according to law.
(2)Every document, seal, or die lawfully seized under such warrant shall be defaced and destroyed or otherwise disposed of—
(a)by order of the court before which the offender is tried; or
(b)if there be no trial, by order of a justice of the peace ; or
(c)if it affects the public revenue, by the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, as the case may require ; or
(d)if it affects any of the companies of Goldsmiths or Guardians referred to in the Gold and Silver Wares Act, 1844, by the said company or guardians.
17Form of indictment and proof of intent
(1)In an indictment or information for an offence against this Act with reference to any document, seal, or die, it is sufficient to refer to the document, seal, or die by any name or designation by which it is usually known, or by its purport, without setting ,out any copy or facsimile of the whole or any part of the document, seal, or die.
(2)Where an intent to defraud or an intent to deceive is one of the constituent elements of an offence punishable under this Act, or under any other Act relating to forgery or any kindred offence for the time being in force, it shall not be necessary to allege in the indictment or to prove an intent to defraud or deceive any particular person; and it shall be sufficient to prove that the defendant did the act charged with intent to defraud or to deceive, as the case may require.
(3)If any person who is a member of any co-partnership, or is one of two or more beneficial owners of any property, forges any document, matter, or thing with intent to defraud the co-partnership or the other beneficial owners, he is liable to be dealt with, indicted, tried, and punished as if he had not been or was not a member of the co-partnership, nor one of such beneficial owners.
18Interpretation
(1)In this Act unless the context otherwise requires—The expression "bank note " includes any note or bill of exchange of the Bank of England or Bank of Ireland, or of any other person, body corporate, or company carrying on the business of banking in any part of the world, and includes "bank bill," "bank post bill," "blank bank note," "blank bank bill of exchange," and " blank bank post bill " :
The expression "die" includes any plate, type, tool, or implement whatsoever, and also any part of any die plate, type, tool, or implement, and any stamp or impression thereof or any part of such stamp or impression:
The expression " document of title to goods " includes any bill of lading, India warrant, dock warrant, warehouse keepers certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought or sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise either by endorsement or by delivery the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to :
The expression "document of title to lands " includes any deed, map, roll, register, or instrument in writing being or containing evidence of the title or any part of the title to any land or to any interest in or arising out of any land, or any authenticated copy thereof:
The expression " revenue paper" means any paper provided by the proper authority for the purpose of being used for stamps, licences, permits, Post Office money orders, or postal orders, or for any purpose whatever connected with the public revenue :
The expression " seal " includes any stamp or impression of a seal or any stamp or impression made or apparently intended to resemble the stamp or impression of a seal, as well as the seal itself :
The expression " stamp " includes a stamp impressed by means of a die as well as an adhesive stamp :
The expression " Treasury bill," includes Exchequer bill, Exchequer bond, Exchequer debenture, and War bond :
The expression " valuable security " includes any writing entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund, or debt of any part of His Majesty's dominions or of any foreign state, or in any stock, annuity, fund, or debt of any body corporate, company, or society, whether within or without His Majesty's dominions, or to any deposit in any bank, and also includes any scrip, debenture, bill, note, warrant, order, or other security for the payment of money, or any accountable receipt, release, or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal.
(2)References in this Act to any Act in force at the commencement of this Act shall be held to include a reference to that Act as amended, extended, or applied by any other Act.
(3)References in this Act to any Government department shall in relation to any functions performed by that department be held to include references to any other Government department by which the same functions were previously performed.
19Savings
(1)Where an offence against this Act also by virtue of some other Act subjects the offender to any forfeiture or disqualification, or to any penalty other than penal servitude or imprisonment or fine, the liability of the offender to punishment under this Act shall be in addition to and not in substitution for his liability under such other Act.
(2)Where an offence against this Act is by any other Act, whether passed before or after the commencement of this Act, made punishable on summary conviction, proceedings may be taken either under such other Act or under this Act: Provided that where such an offence was at the commencement of this Act punishable only on summary conviction, -it shall remain only so punishable.
20Repeals
The enactments specified in the schedule to this Act are hereby repealed as to England and Ireland to the extent specified in the third column of that schedule.
21Extent
This Act shall not extend to Scotland.
22Short title and commencement
This Act may be cited as the Forgery Act, 1913, and shall come into operation on the first day of January one thousand nine hundred and fourteen.

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1Provision of additional money by Parliament
(1)In addition to the moneys which under Part I. of the National Insurance Act, 1911 (in this Act referred to as the " principal Act "), are required to be contributed out of moneys provided by Parliament towards defraying the cost of any of the benefits conferred by Part I. of that Act or the expenses of administration of any of those benefits or otherwise for the purposes of that Act, there shall be contributed out of moneys provided by Parliament towards such costs expenses and purposes, such additional sums as Parliament may from time to time determine, and the provisions of the principal Act as to the manner in which the cost of benefits and the expenses of administration are to be defrayed shall be construed as applying only to the balance of such cost and expenses after such additional sums have been applied for the purposes for which they have been provided.
(2)Any additional sums so contributed for the purpose of medical benefit shall be applicable towards the payment of medical attendance and treatment of members of societies who are not insured persons mentioned in paragraph (e) of subsection (2) of section fifteen of the principal Act as amended by this Act in like manner and to the like extent as if such medical attendance and treatment were medical benefit.
2Extension of time for taking advantage of Act
(1)If a person not having been previously insured becomes an employed contributor before the thirteenth day of October nineteen hundred and thirteen, the rate of sickness benefit to which he is entitled shall not be reduced by reason only that he did not become an employed contributor within one year after the commencement of the principal Act,notwithstanding that at the time of becoming an employed contributor he is of the age of seventeen or upwards, and accordingly subsection (4) of section nine, and subsection (5) of section fifty-five, of the principal Act shall have effect, and shall be deemed always to have had effect, as if " sixty-five weeks " were therein substituted for
“one year.” 
(2)The period within which a person may enter into insurance as a voluntary contributor at the rate referred to in subsection (1) of section five of the principal Act shall be extended to the twelfth day of October nineteen hundred and thirteen, and accordingly proviso (a) to subsection (1) of section five and subsection (3) of section fifty-five of the principal Act shall have effect, and shall be deemed always to have had effect, as if " sixty-five weeks" were therein substituted for
“six months.” 
3Abolition of reduction of benefits in certain cases
(1)The rate of sickness benefit shall not be reduced in the case of an insured person who became an employed contributor within one year after the commencement of the principal Act by reason that at the date of so becoming an employed contributor he was of the age of fifty years or upwards, and accordingly subsection (3) of section nine and Table C in Part I. of the Fourth Schedule to the principal Act shall be repealed.
(2)Part I. of the principal Act shall apply to persons who at the commencement of the principal Act were of the age of sixty-five or upwards and under the age of seventy, and to persons who have since the commencement of the principal Act attained or may hereafter attain the age of sixty-five in like manner as it applies to other persons, and accordingly subsection (4) of section one, paragraph (a) of subsection (4) of section four, and section forty-nine of the principal Act shall be repealed :Provided that a person who is of the age of sixty-five or upwards at the time of entering into insurance shall not be entitled to medical benefit after he attains the age of seventy, unless the number of weekly contributions paid by or in respect of him exceeds twenty-six.
(3)The Insurance Commissioners may make such regulations as they may consider necessary for providing, in the case of any such classes as aforesaid, for the transition from the provisions of the principal Act affecting them to the provisions of that Act as amended by this section.
4Insured persons
Paragraph (b) of subsection (3) of section one of the principal Act shall have effect as if there were added thereto
“or,”being of the age of sixty or upwards, show to the satis-" faction of the Insurance Commissioners that they have ceased " to be insurable as employed contributors," and, where any persons who by virtue of this section are entitled to become voluntary contributors become such contributors, the rate of contribution payable by them shall continue to be the employed rate.
5Exemptions
After paragraph (b) of subsection (1) of section two of the principal Act which relates to exemptions, the following paragraph shall be added :—
“(c)Ordinarily and mainly dependent for his livelihood on the earnings derived by him from an occupation which is not employment within the meaning of this Part of this Act.”
6Employment within meaning of principal Act
There shall be added to Part I. of the First Schedule to the principal Act, which specifies the classes of employment which is employment within Part I. of the principal Act, the following paragraph :—
(e)Employment under any local or other public authority except such as may be excluded by a special order.
7Arrears of contributions
(1)Where an employed contributor who is a member of an approved society pays to the society such part of any arrears which have accrued due by or in respect of him during any period of unemployment as would have been payable otherwise than by the employer had he continued in employment, the part which would have been so payable by the employer shall be excused, and the amount of the member's arrears shall be reduced accordingly. For the purpose of calculating the parts which would have been payable by the employer and otherwise than by an employer had an employed contributor continued in employment, the rate of his remuneration shall be deemed to exceed two shillings, and sixpence a working day, unless he proves to the satisfaction of the society that his usual rate of remuneration was two shillings and sixpence a working day or less, in which case his rate of remuneration shall be deemed to be such usual rate.
(2)Where in any year a society, or, in the case of a society with branches, a branch oi a society, proves to the satisfaction of the Insurance Commissioners that the total number of weekly contributions which accrued due as arrears during the preceding year in respect of all its members who were employed contributors exceeded the standard number (that is to say, three weekly contributions for every such member) then, for the purpose of recouping to the society the loss it will suffer, there shall be paid to the society, or to the society on behalf of the branch, as the case may be, out of the sums retained by the Insurance Commissioners for discharging their liabilities in respect of reserve values, the prescribed amount for every week by which the standard was so exceeded, but not exceeding the total amount so excused as aforesaid :Provided that, if the aggregate amount so payable in any year exceeds one hundred thousand pounds, the excess shall be paid out of moneys provided by Parliament.
(3)The Insurance Commissioners may make regulations for carrying this section into effect.
8Reduction, &c, of benefits on account of arrears
Subject to the provisions of subsection (4) of section ten of the principal Act, insured persons who are in arrear shall be '' liable to such reduction, postponement or suspension of benefits as may be prescribed so, however, that any such reduction, postponement or suspension of benefit shall be approximately equivalent to the value of the loss occasioned by the failure to pay the contributions in arrear, and the provisions of the principal Act regulating the reduction, postponement and suspension of benefits on account of arrears shall cease to have effect, and the regulations of the Insurance Commissioners may prescribe the time within which, and the conditions under which, arrears may be paid up.
9Benefits of exempted persons
(1)Regulations made by the Insurance Commissioners under subsection (4) of section four of the principal Act shall provide for applying the contributions paid in respect of persons who hold certificates of exemption in providing medical benefit and sanatorium benefit for such persons and the cost of the administration of such benefits, and such persons shall, if they fulfil such conditions as may be imposed by those regulations, become entitled to medical benefit and sanatorium benefit as if they were members of approved societies, and the provisions of the principal Act and this Act with respect to the payment and administration of those benefits (including those relating to the application of moneys provided by Parliament towards the cost of those benefits and the expenses of the administration thereof) shall, subject to any modifications, adaptations, and exceptions contained in the regulations, apply accordingly :" Provided that—
(a)the conditions so imposed shall not require payment of upwards of twenty-six weekly contributions before the person becomes entitled to such benefits;
(b)where the total income from all sources of any such person exceeds one hundred and sixty pounds a year, he shall be required to make his own arrangements for receiving medical attendance and treatment, and subsection (3) of section fifteen of the principal Act shall apply accordingly.
(2)This section shall apply to persons in Ireland with this modification, that the benefits to be provided shall be such as may be specified in a scheme framed by the Irish Insurance Commissioners, but the sum to be contributed out of moneys provided by Parliament towards the cost of those benefits and the administration thereof shall be the same as if the benefits were benefits to insured persons.
10Medical benefit
(1)No voluntary contributor whose total income from all sources exceeds one hundred and sixty pounds a year shall be entitled to receive medical benefit, but in that case the weekly contribution which would otherwise be payable by him shall be reduced by one penny.
(2)Paragraph (e) of subsection (2) of section fifteen of the principal Act shall extend to members of societies other than such friendly societies as are mentioned in that paragraph who were at the date of the passing o£ the principal Act entitled as such members to medical attendance and treatment in like manner and subject to the like conditions as it applies to members of such friendly societies.
11Alternative arrangements for the panel system
If the Insurance Commissioners are satisfied that the insured persons or any considerable proportion of them within an area, or pail of an area, are not receiving satisfactory medical treatment under the panel system, the Commissioners may authorise the insurance committee to make, or may themselves make, such other arrangements as will secure to insured persons within the area or part such better medical service as is practicable having regard to the funds available for the purpose, or arrangements whereunder insured persons within the area, or part of the area, may be required to make their own arrangements for receiving medical attendance and treatment, including medicines and appliances, and whereunder the insurance committee or the Insurance Commissioners undertake to pay the cost of such medical attendance and treatment upon such scale as they may determine with the approval of the Commissioners so calculated that the medical attendance and treatment so secured shall be of a quality not inferior to that provided under the panel system.
12Sickness benefit
(1)So much of subsection (5) of section eight of the principal Act as requires the payment of fifty contributions between two periods of disease or disablement in order to prevent the one being treated as a continuation of the other shall cease to have effect.
(2)At the end of the same subsection the following provision shall be added— “Where by virtue of subsection (1) of section eleven of this Act a part only of sickness benefit has been paid to an insured person, he shall, for the purposes of this subsection, be treated as having been in receipt of sickness benefit for a period bearing the same proportion to the whole period in respect of which such part benefit was paid to him as that part, bears to the whole benefit, and the period so resulting shall be deemed to have been continuous and to have expired on the last day of the incapacity in respect of which the partial benefit was paid.
13Amendment of paragraph (c) of s.8(1) of principal Act
Paragraph (c) of subsection (1) of section eight of the principal Act shall have effect as if for the words " commencing " from the fourth day after being so rendered incapable of work " there were substituted the words
“commencing on the fourth”day of such incapacity," and for the purposes of that paragraph as so amended a day on which the incapacitated person was prevented by the incapacity from doing any effective work shall be treated as a day of incapacity, but a Sunday shall not be so treated, unless the incapacitated person would but for the incapacity have worked on that day.
14Maternity benefit
(1)Maternity benefit shall in every case be the mother's benefit, but, where the benefit is payable in respect of the husband's insurance, the wife's receipt, or his receipt, if authorised by her, on her behalf, shall be a sufficient discharge to the society or committee, and, where the benefit is paid to the husband, he shall pay it to the wife, and in subsection (1) of section eighteen of the principal Act for the words " treated as " a benefit for her husband, and shall be administered in cash or " otherwise by the approved society of which he is a member " there shall be substituted the words
“administered in the”interests of the mother and child in cash or otherwise by the " approved society of which the husband is a member."
(2)At the end of subsection (1) of section eighteen of the principal Act the following words shall be inserted :— “Where a woman who is an employed contributor is the wife, or, if the child is a posthumous child, the widow, of an insured person, then—
(a)if her husband is, or was at the date of his death, a member of an approved society, and by reason of an insufficient number of contributions having been paid by or in respect of him, or on account of arrears, no maternity benefit is payable in respect of his insurance, she shall, oh her confinement, be entitled to receive in respect of her own insurance such sum as she would have been entitled to receive if he had not been an insured person; and
(b)If her husband is, or was at the date of his death, a deposit contributor, and by reason of an insufficient number of contributions having been paid by or in respect of him or of the insufficiency of the sum standing to his credit in the Deposit Contributors Fund, no maternity benefit or a sum less than the full maternity benefit is payable in respect of his insurance, she shall, on her confinement, be entitled to receive, in respect of her own insurance, such sum as, with the sum (if any) payable in respect of her husband's insurance, is equal to the sum she would have been entitled to receive if he had not been an insured person.”
(3)Where a woman confined of a child is herself an insured person and is a married woman or, if the child is a posthumous child, a widow, she shall, in lieu of any sickness or disablement benefit to which she may be entitled under subsection (6) of section eight of the principal Act, be entitled to receive a maternity benefit from the society of which she is a member or the insurance committee, as the case may be, in addition to any maternity benefit to which she may be otherwise entitled in respect of her husband's or her own insurance, and every approved society and insurance committee shall make rules to the satisfaction of the Insurance Commissioners requiring any woman in respect of whom any such sum is payable in respect of her own insurance to abstain from remunerative work during a period of four weeks after her confinement.
(4)So much of subsection (1) of section eighteen of the principal Act as provides that if a duly-qualified medical practitioner is summoned in pursuance of the rules made under the Midwives Act, 1902, the prescribed fee shall, subject to regulations made by the Insurance Commissioners, be recoverable as part of the maternity benefit, shall cease to have effect.
15Amendment of s.12 of principal Act
(1)Section twelve of the principal Act shall have effect as though proviso (1) to subsection (2) of that section were omitted therefrom, and any sum which, but for the provisions of that section, would have been payable to any person on account of sickness, disablement, or maternity benefit, if and so far as it is not paid or applied in accordance with the provisions of that section while the person to or in respect of whom it would have been payable is an inmate of any workhouse, hospital, asylum, convalescent home, or infirmary, may, if the society or committee administering the benefit thinks fit, be applied in the provision of any surgical appliances required for the person or otherwise for his benefit after he ceases to be an inmate, or, if it is not so expended, shall be paid in cash to the person after leaving the institution, in a lump sum or in instalments as the society or committee thinks fit, and, where any sum which apart from section twelve of the principal Act would have been payable on account of sickness benefit has been paid or applied under that section as amended by this section, it shall be treated as a payment in respect of sickness benefit for the purpose of determining the rate and duration of that benefit.
(2)Proviso (ii) to subsection (2) of section twelve of the principal Act shall have effect as if for the words "both on " account of sickness or disablement benefit and on account of " maternity benefit" there were substituted the words
“both”
on account of maternity benefit payable in lieu of sickness or " disablement benefit and on account of maternity benefit not " so payable," and for the words " which would otherwise be " payable on account of maternity benefit " there were substituted the words
“which would otherwise be payable on account”of such last-mentioned maternity benefit."
16Provisions as to societies having members in more than one part of the United Kingdom
(1)So much of subsection (3) of section eighty-three of the principal Act as provides that the regulations made under that subsection shall require that in the case of a society or branch which has amongst its members persons resident in England, Scotland, Ireland, and Wales, or any two or any three of such parts of the United Kingdom, the members in each such parts shall, for the purposes of Part I. of the principal Act relating to valuations, surpluses, deficiencies, and transfers, be treated as if they formed a separate society, is hereby repealed :Provided that, where the joint committee are satisfied, on representations made within six months after the passing of this Act, that the members of any such society resident in a part of the United Kingdom other than that in which the registered office of the society is situated desire that they shall be treated as if they formed a separate society, the members of the society resident in that part shall, for the purposes aforesaid, continue to be so treated, and the joint committee in the exercise of their powers under this proviso shall in each case consult with the Commissioners for the part of the United Kingdom in question and hold an inquiry, or, where in their opinion the wishes of members cannot otherwise be properly ascertained, cause a poll to be taken in the prescribed manner.
(2)A society shall not be required to be approved in respect of any part of the United Kingdom other than that in which its registered office is situated by reason of the fact that among its members are persons for the time being resident in that part of the United Kingdom, but a society shall not admit as a member any person resident at the time of admission in any part of the United Kingdom in respect of which the society is not an approved society.
(3)A society which has received approval for more than one part of the United Kingdom may relinquish approval for any part or parts other than that in which its registered office is situate, if it satisfies the joint committee that it fulfils one or other of the following conditions:—
(i)that none of its members are resident in the parts of the United Kingdom in respect of which approval is proposed to be relinquished ; or (iij that any members who are so resident were at the time when they were admitted to membership of the society resident in a part of the United Kingdom in which the society will remain an approved society. For the purposes of this provision, admission to membership of a society means admission to membership whether for the purposes of Part I. of the principal Act or for any other purposes of the society, and in the case of a society which is a separate section of another society includes admission to membership of that other society.
(4)Where any members of a society reside in a part of the United Kingdom in respect of which the society is not an approved society, the provisions of subsection (2) of section eighty of the principal Act, which relate to payments into and out of the Scottish National Health Insurance Fund, and the corresponding provisions of the principal Act relating to the Irish and Welsh National Health Insurance Funds, shall apply as if those members resided in the part of the United Kingdom in which the registered office of the society is situated or, in the case of a society with branches, in which the registered office of the branch of which they are members is situated. This subsection shall apply as respects the members of a branch of a society resident in a part of the United Kingdom other than that in which the registered office of the branch is situated, notwithstanding that the society is approved for that part, unless the joint committee, on the application of the society, otherwise determine, but no branch to which the said provisions apply shall admit as a member of the branch any person resident at the time of admission in any part of the United Kingdom other than that in which the registered office of the branch is situated.
(5)For the purposes of facilitating adjustments in respect of persons removing from Ireland to Great Britain or from Great Britain to Ireland, the transfer values and reserve values of persons resident in Ireland shall be calculated as if they were resident in Great Britain, and, where any member of an approved society is at the time of attaining the age of seventy resident in Ireland, the prescribed part of his transfer value shall be carried by the society of which he is a member to a separate account and dealt with in such manner as may be prescribed.
17Variation in rules of approved societies
Where the executive body of a society show to the satisfaction of the Commissioners that it is of importance to the society that the rules of the society should be amended or varied immediately, but that, owing to the requirements of the rules the amendments or variation cannot be made without delay or without the authority of a meeting of the society, or some committee, or delegate body, and that that meeting cannot be held without undue delay or expense, the Commissioners may, on the application of the executive body, authorise the variation or amendment if rendered necessary by the passing of this Act to come into force immediately, and continue in force until the delay required has elapsed, or until the time at which the meeting would in ordinary course have been held, and, where the rules require the sanction of a special general meeting, the Commissioners may authorise the substitution of the sanction of the annual general meeting.
18Provisions as to associations
An approved society may join and remain in an association for the purposes of section thirty-nine of the principal Act notwithstanding that the number of its members for the purposes of Part I. thereof is less than fifty or more than five thousand, and, in calculating for the purposes of that section the number of persons who are such members, no account shall be taken of members who by reason of marriage are suspended from receiving ordinary benefits and are not special voluntary contributors or who are not insured persons.
19Special provisions as to casual and intermittent employment
(1)The Insurance Commissioners may, by special order, modify the principal Act in its application to persons whose employment is of a casual or intermittent nature, and the employers of such persons, and any such order may apply either generally or to any one or more particular trades or industries or branches thereof and either generally or in any one or more particular localities, and, where any such order is restricted to a particular trade or industry or branch thereof in a particular locality, it may extend to other persons if employed in the same class of employment as the persons to whom the order primarily relates.
(2)The order may make provision as to the amount of the employed rate and the contributions payable by the employer and by the employed contributor respectively, and the payment, recovery and collection of such contributions in such manner, in such proportions, and in respect of such periods as may be specified in the order, and for the apportionment amongst employers of the amounts payable by employers, and may modify and adapt the provisions of the principal Act accordingly, so however that the employer's contributions shall not exceed sixpence nor the employed contributor's contributions four-pence (or in the case of a woman threepence) in any week, nor, if the contributions are payable day by day, shall the employed contributor's contribution for any day exceed one penny.
(3)The provisions of the principal Act as to the laying of regulations before both Houses of Parliament and the proceedings consequent thereon shall apply to special orders made under this section in lieu of the provisions contained in subsection (2) of section one hundred and thirteen of the principal Act:Provided that, in lieu of the inquiry as regards any draft order under the said section one hundred and thirteen, there shall be substituted for the purposes of this section an inquiry to be held by one or more competent and impartial persons to be appointed by the Lord Chancellor on the demand (made in the prescribed manner) of the person making the objection to the draft order.
20Woman of British nationality married to an alien
(1)Subsection (3) of section forty-five of the principal Act shall be amended so as to read as follows :— “An insured woman who, having been a British subject before marriage, has ceased to be a British subject by reason of marriage with a person not being a British subject, shall not be subject to the provisions of this section.
(2)Where the wife of an alien insured person, being a person subject to the provisions of section forty-five of the principal Act, was before marriage a British subject, the maternity benefit payable in respect of his insurance shall, subject to regulations to be made by the Insurance Commissioners, be increased by two-sevenths, and the amount of such increase shall be paid out of moneys provided by Parliament.
21Special provision for aliens
Subsection (4) of section forty-five of the principal Act shall have effect as if after the words " approved society " where they first occur there were inserted the words " or which amalgamates with or transfers its engagements to an approved “society or which proves to the satisfaction of the Insurance " Commissioners that it has organised, either solely or jointly " with other bodies, an approved society for the benefit of its
22Extension of s.46 of the principal Act to warrant officers of marines, &c
For the purposes of section forty-six of the principal Act " marine " includes every warrant officer of marines, except Royal Marine gunners, and " soldier " does not include a soldier who has not been finally accepted for service.
23Provisions as to the mercantile marine
(1)In section forty-eight, subsection (1) of the principal Act, the following proviso shall be inserted :— “Provided that, in respect of that part of such period as aforesaid during which the owner of the ship is not liable to pay wages to the master, seaman, or apprentice so suffering from disease or disablement, sickness benefit may be paid in whole or part if such master, seaman, or apprentice has dependants, and was serving on a home-trade ship, and the benefit so paid shall be paid to, or applied for the relief or maintenance of, such dependants in such manner as the society or committee by which the benefit is administered, after consultation whenever possible with the master, seaman, or apprentice, thinks fit.
(2)The rules of the Seamen's National Insurance Society may, notwithstanding anything in subsections (4) and (8) of section forty-eight of the principal Act, provide for the admission to the society of masters, seamen, and apprentices to the sea service or sea-fishing service who are entitled to be or become voluntary contributors, and for allowing a member who leaves the sea service and who is or continues to be a voluntary contributor to remain a member of the society.
24Amendment of s.51 of principal Act
In subsection (1) of section fifty-one of the principal Act, for the words :—
" Where the managers of any institution carried on for charitable or reformatory purposes prove that the persons who are inmates of and supported by the institution—" there shall be substituted the following words, namely :— “Where the managers of any institution carried on for charitable or reformatory purposes prove that the persons who for such purposes are inmates of the institution.
25Power to treat all employees of an employer as being remunerated at normal rate
(1)Where it appears to the Insurance Commissioners that the persons employed by any employer or group of employers in any class or classes of work are in general in receipt of a rate of remuneration which, although liable to fluctuation, is normally within any of the limits hereinafter mentioned, the Commissioners may, by a special order, declare that all the persons employed by that employer or group of employers in that class or those classes of work shall, for the purposes of the principal Act, but subject to any exceptions contained in the order, be treated as if they were constantly in receipt of the normal rate of remuneration, notwithstanding that those persons or any of them may in any week in fact receive a higher or lower rate of remuneration.
(2)The limits referred to in this section are—
(a)A rate not exceeding one shilling and sixpence a working day;
(b)A rate exceeding one shilling and sixpence but not exceeding two shillings a working day ;
(c)A rate exceeding two shillings but not exceeding two shillings and sixpence a working day.
26Employers in case of outworkers
The Insurance Commissioners may, by a special order, provide that as respects any outworkers or any class of outworkers specified in the order the person specified in the order shall, for the purposes of Part I of the principal Act, be deemed to be the employer.
27Decision of disputes
(1)Any dispute between an approved society and any person as to whether that person is or was at any date a member of that society for the purposes of Part I of the principal Act, shall be decided in like manner as a dispute between an approved society and an insured person who is a member thereof, and any dispute between two or more approved societies or between an approved society and an insurance committee or between two or more insurance committees, shall be decided in like manner as a dispute between an insured person and an insurance committee, and section sixty-seven of the principal Act shall apply accordingly.
(2)If any question arises as to the person who is the employer of an employed contributor, the question shall be determined in like manner as a question in paragraph (a) of section sixty-six of the principal Act, and that section shall apply accordingly.
28Extension of powers of Commissioners to make regulations
The Insurance Commissioners may make regulations with respect to all or any of the matters specified in the First Schedule to this Act, and the regulations may contain such incidental, supplemental, and consequential provisions as appear necessary for modifying and adapting the provisions of the principal Act to the provisions of the regulations and otherwise for the purpose of the regulations.
29Joint committee and Insurance Commissioners
(1)Regulations made by the Treasury under section eighty-three of the principal Act may incorporate the joint committee constituted under that section.
(2)All documents issued before the commencement of this Act by the joint committee, either alone or jointly with any of the bodies of Insurance Commissioners appointed for the purposes of Part I. of the principal Act shall be deemed to have been validly issued if issued under a seal purporting to be the seal of the joint committee, or under the hands of any four or more of the members of the committee countersigned by the secretary or clerk to the joint committee.
(3)The Documentary Evidence Act, 1868, as amended by the Documentary Evidence Act, 1882, shall apply to each of the said several bodies of Insurance Commissioners, and to the said joint committee, as if each of those bodies and the joint committee were included in the first column of the schedule to the first-mentioned Act, and the chairman or any other member or the secretary or clerk, or any person authorised to act on behalf of the secretary or clerk, of the body or committee, were mentioned in the second column of that schedule, and as if the regulations referred to in those Acts included any document issued by any of those bodies or that committee.
(4)This section shall come into operation on the passing of this Act.
30Insurance committees
(1)Every insurance committee constituted or to be constituted under section fifty-nine subsection (1) of the principal Act shall be a body corporate by the name of the insurance committee for the borough (or county) of , and every such insurance committee shall have perpetual succession and a common seal, and may sue and be sued, and (subject to the consent in every case of the Insurance Commissioners) have power and authority (without any licence in mortmain) to take, purchase, and hold land for the purposes of the principal Act and this Act.
(2)At least one woman shall be on every sub-committee formed by an insurance committee for dealing with the administration of any benefit, and section fifty-nine of the principal Act shall be varied accordingly.
31Expenses of insurance committees
(1)In addition to any allowances for travelling expenses which may be paid under subsection (2) of section sixty-one of the principal Act, an insurance committee may pay to the members of the committee subsistence allowance and compensation for loss of remunerative time in accordance with a scheme prepared by the committee and approved by the Insurance Commissioners, and there shall be paid out of moneys provided by Parliament towards the expenses of an insurance committee under such scheme, such sum (if any) as the Insurance Commissioners with the consent of the Treasury, may determine so, however, that the aggregate amount so paid shall not exceed thirty thousand pounds in any one year.
(2)After the words "Provided 'that, if the special circumstance of any county " in subsection (2) of section sixty-one of the principal Act, there shall be added the words
“or county borough.” 
(3)An insurance committee may pay as general expenses incurred by them in the execution of their duties any sum, not exceeding ten pounds in any one year, as a subscription to the funds of any association of insurance committees whose objects are approved by the Insurance Commissioners, as well as any reasonable expenses of the attendances of representatives, not exceeding in any case four, at meetings of such associations, on a scale to be approved by the Commissioners.
32Consultation with practitioners who have entered into agreements with insurance committees
Where it is made the duty of an insurance committee under the provisions of this Act or of the principal Act, or of regulations made thereunder, to ascertain, in respect of any matter affecting the administration of medical benefit in the area, the opinions and wishes of the medical practitioners who have entered into agreements with the insurance committee for the attendance and treatment of insured persons whose medical benefit is administered by the committee, they shall do so through a committee appointed by such practitioners in accordance with regulations made by the Insurance Commissioners, and such committee shall perform such duties and shall exercise such powers as may be determined by the Insurance Commissioners, and in any area in which within six months of the time of the passing of this Act no local medical committee has been recognised under the provisions of section sixty-two of the principal Act, a committee elected in the manner herein-before provided may be recognised as the local medical committee for that area.
33Committees elected by persons, &c., supplying drugs and medicines
(1)In every county or county borough there shall be elected, in accordance with regulations made by the Insurance Commissioners, by the persons, firms, and bodies corporate, who have agreed to supply drugs, medicines, and appliances to insured persons whose medical benefit is administered by the committee, a local committee, and it shall, subject to regulations made by the Insurance Commissioners, be consulted by the insurance committee on all general questions affecting the supply of drugs, medicines, and appliances to insured persons, and shall perform such duties and exercise such powers as may be determined by the Insurance Commissioners.
(2)The insurance committee, if requested so to do by any committee elected by the medical practitioners who have entered into agreement with the insurance committee for the attendance and treatment of insured persons whose benefit is administered by the insurance committee, and if requested by the local committee elected in manner provided by the last foregoing subsection, may be authorised by the Insurance Commissioners out of moneys available for the provision of medical benefit within the area to allot to, and for the administrative expenses of, each of the said committees, respectively, such a sum not exceeding one penny in all in respect of each insured person entitled to obtain medical attendance and treatment from the practitioners who have entered into agreement with the insurance committee as may be determined by the insurance committee with the consent of the Commissioners.
34Offences and legal proceedings
(1)If any employer deducts, or attempts to deduct, from the wages or other remuneration of an employed contributor the whole or any part of the employer's contribution,as denned in the Second Schedule to the principal Act, he shall be guilty of a contravention of the provisions of Part I. of the principal Act.
(2)Every person who buys, takes in exchange, or takes in pawn from an insured person, or any person acting on his behalf, on any pretence whatever, any insurance card or insurance book shall be liable on summary conviction to a fine not exceeding ten pounds.
(3)The time within which proceedings may be taken under subsection (2) of section sixty-nine of the principal Act against an employer charged with an offence of failing or neglecting to pay any contribution in respect of an employed contributor shall be one year from the date of the commission of the alleged offence, and where an employer has been convicted of such an offence then, if notice of the intention to do so is served with the summons or warrant, evidence may be given of failure or neglect on the part of the employer to pay other contributions in respect of that employed contributor during the year preceding the date when the information was laid, and on proof of such failure or neglect the employer shall be liable to pay to the Insurance Commissioners a sum equal to the total amount of all the contributions which he is so proved to have failed or neglected to pay.
35Provision as to marriage certificates
The provisions of section one hundred and fourteen of the principal Act, which relate to certificates of birth, shall apply to certificates of marriage in like manner as they apply to certificates of birth, except that the fee shall be one shilling instead of sixpence and that the person from whom the certificate and form of requisition may be obtained shall be the registrar or superintendent registrar or other person having the care of the register in which the marriage is entered.
36Change of name of Post Office Fund
The special fund constituted under section forty-two of the principal Act shall be known as the " Deposit Contributors Fund," and, consequently, references in the principal Act and documents issued thereunder to the Post Office Fund shall be construed as references to the Deposit Contributors Fund.
37Exemption of documents from stamp duty
Stamp duty shall not be chargeable upon the documents in connection with business under Part I. of the Principal Act, specified in the Second Schedule to this Act.
38Power to take evidence on oath
Where, under any provision of the principal Act or any regulations made thereunder, the Insurance Commissioners are required or authorised to hold, or to appoint any committee or person to hold an inquiry, the witnesses shall, if the Commissioners think fit, or if any one of the parties so demand, be examined on oath, and the committee or person appointed to hold an inquiry shall have power to administer oaths for the purpose.
39Agreements with Metropolitan Asylums Board
Notwithstanding anything in any Act, it shall be lawful for the managers of the Metropolitan Asylums district, with the sanction of the Local Government Board, to enter into agreements with any county council or county borough council or, with the consent of the county council, with any authority in a county, for the reception of insured persons and their dependants suffering from tuberculosis or any such other disease as the Local Government Board, with the approval of the Treasury, may appoint under section eight of the principal Act, into hospitals or sanatoria provided by the managers, and for this purpose the managers shall not be deemed to be a poor law authority. Any such agreements may provide that the cost of the treatment of the patients so received, or some part thereof, shall be borne otherwise than as provided by section eighty of the Public Health (London) Act, 1891.
40Revocation and amendment of orders and extension of time for making orders under s.78 of principal Act
(1)Any order or special order made under the principal Act or this Act may be revoked, varied, or amended by an order or special order made in like manner as the original order.
(2)The time, within which the powers of the Insurance Commissioners to make orders under section seventy-eight of the principal Act may be exercised, shall be extended to the thirty-first day of December nineteen hundred and fourteen.
41Special provisions as to Scotland
(1)For the purpose of providing institutions for the treatment of tuberculosis or any such other disease as the Local Government Board for Scotland, with the approval of the Treasury, may appoint, a county council in Scotland shall have power to borrow in terms of the Local Government (Scotland) Act, 1889, on the security of the general purposes rate, as applied by section eighty of the principal Act, such sums as may be required, and shall have power to acquire, purchase, or take on lease any land ; and the provisions of section five of the Local Government (Scotland) Act, 1908, shall apply accordingly as if the principal Act and this Act were specified therein.
(2)Expenses of a district committee defrayed out of the public health general assessment within the district in pursuance of an agreement under the principal Act or this Act, or in the exercise of any power of dealing with tuberculosis or such other disease as aforesaid as an infectious disease, shall not be reckoned in any calculation as to the statutory limit of that assessment.
(3)A county council in Scotland that has been authorised by the Board to provide an institution in terms of section sixty-four subsection (2) of the principal Act shall have the same powers of providing treatment for all persons suffering from tuberculosis or such other disease as aforesaid as are possessed by local authorities under the Public Health (Scotland) Act, 1897, for the treatment of infectious diseases.
(4)At the end of subsection (4) of section eighty of the principal Act, the following shall be added :— “And provided further that, for the purposes of subsection (3) of section sixty-four of this Act, relating to the provision of sanatoria, burghs and police burghs so held to be within the county may receive direct representation in groups or otherwise, on any joint committees, joint boards, or other bodies thereby constituted, in such manner as may be determined by the Board.
(5)All proceedings for any contravention of, or non-compliance with, any of the provisions of Part I. or of Part III., so far as relating to matters under Part I. of the principal Act or this Act, or the regulations made thereunder, shall in Scotland be instituted and carried on under the provisions of the Summary Jurisdiction (Scotland) Acts, and may be taken at the instance of the procurator fiscal or of the Scottish Insurance Commissioners.
(6)Where an employer in Scotland has failed or neglected to pay any contributions which, under Part I. of the principal Act, he is liable to pay in respect of an employed contributor, the amount which he has so failed or neglected to pay shall be a debt due from the employer to the Commissioners, and shall be recoverable by the Commissioners summarily as a civil debt: Provided that the powers conferred by this section on the Commissioners shall be deemed to be in supplement of and nowise in restriction of the powers conferred upon them or upon members of approved societies by the principal Act.
(7)The reference in this Act to the Lord Chancellor shall, as respects Scotland, be construed as a reference to the Lord President of the Court of Session.
42Special provisions as to Wales
(1)Where the area of an insurance committee making an arrangement under subsection (1) of section sixteen of the principal Act is situate in Wales, the Welsh Insurance Commissioners shall be substituted for the Local Government Board as the authority whose approval is required under that subsection for the purpose of enabling that committee to enter into such an arrangement.
(2)The council of a county or county borough in Wales may agree with King Edward the Seventh's Welsh National Memorial Association to make such annual or other payments, subject to such conditions and for such periods as may be approved by the Welsh Insurance Commissioners, and any expenses incurred under this subsection shall, in the case of a county council, be defrayed in like manner as expenses under subsection (2) of section sixty-four of the principal Act, and, in the case of a county borough council, as part of their expenses incurred in the execution of the Public Health Acts.
43Short title, construction
(1)This Act may be cited as the National Insurance Act, 1913, and the principal Act and this Act may be cited together as the National Insurance Acts, 1911 to 1913.
(2)This Act shall be deemed to be part of Part I. of the principal Act, except that any provisions of this Act which supersede or amend any provisions of Part III. of the principal Act shall be deemed to be part of Part III. of the principal Act.
(3)This Act shall, save as otherwise expressly provided, come into operation on the first day of September nineteen hundred and thirteen or such later date or dates as the Joint Committee may by order appoint, and different days may be appointed for different purposes and different provisions of this Act, so, however, that no date later than the thirteenth day of October, nineteen hundred and thirteen, shall be appointed for the coming into operation of the provisions of this Act altering the rates of sickness or disablement benefit in respect of any class of insured persons, nor later than the fifteenth day of January, nineteen hundred and fourteen, in respect of any other purpose or provision.
(4)The provisions of the principal Act mentioned in the Third Schedule to this Act are hereby repealed.

###

1Amendment of law as to objects and powers of trade unions.

(1) The fact that a combination has under its constitution objects or powers other than statutory objects within the meaning of this Act shall not prevent the combination being a trade union for the purposes of the Trade Union Acts, 1871 to 1906, so long as the combination is a trade union as defined by this Act, and, subject to the provisions of this Act as to the furtherance of political objects, any such trade union shall have power to apply the funds of the union for any lawful objects or purposes for the time being authorised under its constitution.
(2) For the purposes of this Act, the expression “statutory objects” means the objects mentioned in section sixteen of the Trade Union Act Amendment Act, 1876 , namely, the regulation of the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or the imposing of restrictive conditions on the conduct of any trade or business, and also the provision of benefits to members.
2Definition of trade union.

(1) The expression “trade union” for the purpose of the Trade Union Acts, 1871 to 1906, and this Act, means any combination, whether temporary or permanent, the principal objects of which are under its constitution statutory objects: Provided that any combination which is for the time being registered as a trade union shall be deemed to be a trade union as defined by this Act so long as it continues to be so registered.
(2) The Registrar of Friendly Societies shall not register any combination as a trade union unless in his opinion, having regard to the constitution of the combination, the principal objects of the combination are statutory objects, and may withdraw the certificate of registration of any such registered trade union if the constitution of the union has been altered in such a manner that, in his opinion, the principal objects of the union are no longer statutory objects, or if in his opinion the principal objects for which the union is actually carried on are not statutory objects.
(3) Any unregistered trade union may, if they think fit, at any time without registering the union apply to the Registrar of Friendly Societies for a certificate that the union is a trade union within the meaning of this Act, and the Registrar, if satisfied, having regard to the constitution of the union and the mode in which the union is being carried on, that the principal objects of the union are statutory objects, and that the union is actually carried on for those objects, shall grant such a certificate, but the Registrar may, on an application made by any person to him for the purpose, withdraw any such certificate if satisfied, after giving the union an opportunity of being heard, that the certificate is no longer justified.
(4) Any person aggrieved by any refusal of the Registrar to register a combination as a trade union, or to give a certificate that an unregistered trade union is a trade union within the meaning of this Act, or by the withdrawal under this section of a certificate of registration, or of a certificate that an unregistered union is a trade union within the meaning of this Act, may appeal to the High Court, or in Scotland to the Court of Session, within the time and in the manner and on the conditions directed by rules of court.
(5) A certificate of the Registrar that a trade union is a trade union within the meaning of this Act shall, so long as it is in force, be conclusive for all purposes.
3Restriction on application of funds for certain political purposes.

(1) The funds of a trade union shall not be applied, either directly or in conjunction with any other trade union, association, or body, or otherwise indirectly, in the furtherance of the political objects to which this section applies (without prejudice to the furtherance of any other political objects), unless the furtherance of those objects has been approved as an object of the union by a resolution for the time being in force passed on a ballot of the members of the union taken in accordance with this Act for the purpose by a majority of the members voting; and where such a resolution is in force, unless rules, to be approved, whether the union is registered or not, by the Registrar of Friendly Societies, are in force providing—
  (a ) That any payments in the furtherance of those objects are to be made out of a separate fund (in this Act referred to as the political fund of the union), and for the exemption in accordance with this Act of any member of the union from any obligation to contribute to such a fund if he gives notice in accordance with this Act that he objects to contribute; and
  (b ) That a member who is exempt from the obligation to contribute to the political fund of the union shall not be excluded from any benefits of the union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the union (except in relation to the control or management of the political fund) by reason of his being so exempt, and that contribution to the political fund of the union shall not be made a condition for admission to the union.
(2) If any member of a trade union alleges that he is aggrieved by a breach of any rule made in pursuance of this section, he may complain to the Registrar of Friendly Societies, and the Registrar of Friendly Societies, after giving the complainant and any representative of the union an opportunity of being heard, may, if he considers that such a breach has been committed, make such order for remedying the breach as he thinks just under the circumstances; and any such order of the Registrar shall be binding and conclusive on all parties without appeal and shall not be removable into any court of law or restrainable by injunction, and on being recorded in the county court, may be enforced as if it had been an order of the county court. In the application of this provision to Scotland the sheriff court shall be substituted for the county court, and “interdict” shall be substituted for “injunction.”
(3) The political objects to which this section applies are the expenditure of money—
  (a ) on the payment of any expenses incurred either directly or indirectly by a candidate or prospective candidate for election to Parliament or to any public office, before, during, or after the election in connexion with his candidature or election; or
  (b ) on the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate; or
  (c ) on the maintenance of any person who is a member of Parliament or who holds a public office; or
  (d ) in connection with the registration of electors or the selection of a candidate for Parliament or any public office; or
  (e ) on the holding of political meetings of any kind, or on the distribution of political literature or political documents of any kind, unless the main purpose of the meetings or of the distribution of the literature or documents is the furtherance of statutory objects within the meaning of this Act.
The expression “public office” in this section means the office of member of any county, county borough, district, or parish council, or board of guardians, or of any public body who have power to raise money, either directly or indirectly, by means of a rate.

(4) A resolution under this section approving political objects as an object of the union shall take effect as if it were a rule of the union and may be rescinded in the same manner and subject to the same provisions as such a rule.
(5) The provisions of this Act as to the application of the funds of a union for political purposes shall apply to a union which is in whole or in part an association or combination of other unions as if the individual members of the component unions were the members of that union and not the unions; but nothing in this Act shall prevent any such component union from collecting from any of their members who are not exempt on behalf of the association or combination any contributions to the political fund of the association or combination.
4Approval of rules.

(1) A ballot for the purposes of this Act shall be taken in accordance with rules of the union to be approved for the purpose, whether the union is registered or not, by the Registrar of Friendly Societies, but the Registrar of Friendly Societies shall not approve any such rules unless he is satisfied that every member has an equal right, and, if reasonably possible, a fair opportunity of voting, and that the secrecy of the ballot is properly secured.
(2) If the Registrar of Friendly Societies is satisfied, and certifies, that rules for the purpose of a ballot under this Act or rules made for other purposes of this Act which require approval by the Registrar, have been approved by a majority of members of a trade union, whether registered or not, voting for the purpose, or by a majority of delegates of such a trade union voting at a meeting called for the purpose, those rules shall have effect as rules of the union, notwithstanding that the provisions of the rules of the union as to the alteration of rules or the making of new rules have not been complied with.
5Notice of objection to contribute towards political objects.

(1) A member of a trade union may at any time give notice, in the form set out in the Schedule to this Act or in a form to the like effect, that he objects to contribute to the political fund of the union, and, on the adoption of a resolution of the union approving the furtherance of political objects as an object of the union, notice shall be given to the members of the union acquainting them that each member has a right to be exempt from contributing to the political fund of the union, and that a form of exemption notice can be obtained by or on behalf of a member either by application at or by post from the head office or any branch office of the union or the office of the Registrar of Friendly Societies.
Any such notice to members of the union shall be given in accordance with rules of the union approved for the purpose by the Registrar of Friendly Societies, having regard in each case to the existing practice and to the character of the union.

(2) On giving notice in accordance with this Act of his objection to contribute, a member of the union shall be exempt, so long as his notice is not withdrawn, from contributing to the political fund of the union as from the first day of January next after the notice is given, or, in the case of a notice given within one month after the notice given to members under this section on the adoption of a resolution approving the furtherance of political objects, as from the date on which the member's notice is given.
6Mode of giving effect to exemption from contributions to political fund.

6. Effect may be given to the exemption of members to contribute to the political fund of a union either by a separate
levy of contributions to that fund from the members of the union who are not exempt, and in that case the rules shall provide that no moneys of the union other than the amount raised by such separate levy shall be carried to that fund, or by relieving any members who are exempt from the payment of the whole or any part of any periodical contributions required from the members of the union towards the expenses of the union, and in that case the rules shall provide that the relief shall be given as far as possible to all members who are exempt on the occasion of the same periodical payment and for enabling each member of the union to know as respects any such periodical contribution, what portion, if any, of the sum payable by him is a contribution to the political fund of the union.

7Definition of Registrar of Friendly Societies.

7. The Registrar of Friendly Societies means in relation to a registered trade union whose registered office, or an unregistered trade union whose principal office, is situated in England or Wales, the Chief Registrar of Friendly Societies, and in relation to a registered trade union whose registered office, or an unregistered trade union whose principal office, is situated in Scotland or Ireland, the Assistant Registrar of Friendly Societies for Scotland or Ireland respectively.
8Short title and construction.

8. This Act may be cited as the Trade Union Act, 1913, and shall be construed as one with the Trade Union Acts, 1871 and 1876; and this Act and the Trade Union Acts, 1871 to 1906, may be cited together as the Trade Union Acts, 1871 to 1913.

###

1. Section nine, section twenty-eight, and section thirty-two of the Sheriff Courts (Scotland) Act, 1907(herein-after referred to as the principal Act), are hereby repealed.
22.

2. In lieu of section twenty-eight, there shall be inserted in the principal Act the following section:—
28Appeal to Court of Session.

(1) Subject to the provisions of this Act, it shall be competent to appeal to the Court of Session against a judgment either of a sheriff or of a sheriff-substitute if the interlocutor appealed against is a final judgment or is an interlocutor—

  (a ) Granting interim decree for payment of money other than a decree for expenses; or

  (b ) Sisting an action; or

  (c ) Refusing a reponing note; or

  (d ) Against which the sheriff or sheriff-substitute either ex proprio motu or on the motion of any party, grants leave to appeal:

Provided that no appeal shall be competent where the cause does not exceed fifty pounds in value exclusive of interest and expenses or is being tried as a summary cause unless the sheriff, after final judgment by him on an appeal on the motion of either party made within seven days of the date of the final interlocutor certifies the cause as suitable for appeal to the Court of Session:

(2) Nothing in this section nor in section twenty-seven of this Act contained shall affect any right of appeal or exclusion of such right provided by any Act of Parliament in force for the time being.”

3Amendment of the principal Act.

3. The principal Act shall be amended to the extent and effect shown in the First Schedule to this Act.
4Amendment of the First Schedule to the principal Act.

4. The First Schedule to the principal Act shall be amended to the extent and effect shown in the Second Schedule to this Act.
5Saving for pending actions.

5. Nothing in this Act contained shall apply to any action pending in any sheriff court at the commencement of this Act.
6Procedure at jury trials.

6. Where a jury trial has been ordered, the sheriff shall issue an interlocutor fixing a time and place for the trial, being not sooner khan fourteen days from the date of his interlocutor, and at the trial he may, or if required by either party, shall, after the conclusion of the evidence, propone to the jury question or questions of fact to be answered by them, and the jury shall, in their verdict, give specific answers to such question or questions.
7Short title and citation.

7. This Act shall come into operation on the first day of May one thousand nine hundred and thirteen and may be cited as the Sheriff Courts ( Scotland) Act, 1913; and the principal Act and this Act may be cited together as the Sheriff Courts (Scotland) Acts, 1907 and 1913, and shall be read and construed together as one Act.

###

1Extension of power of Secretary of State to regulate aircraft.

(1) The purposes for which a Secretary of State may make orders prohibiting the navigation of aircraft over prescribed areas under the Aerial Navigation Act, 1911 , shall include the purposes of the defence or safety of the realm, and, where an order is made for those purposes, the area prescribed may include the whole or any part of the coastline of the United Kingdom and the territorial waters adjacent thereto.
(2) The power of the Secretary of State under the said Act shall include power by order to prescribe the areas within which aircraft coming from any place outside the United Kingdom are to land and the other conditions to be complied with by such aircraft, and, if any person contravenes any of the provisions of any such order, he shall be guilty of an offence under the said Act, unless he proves that he was compelled to do so by reason of stress of weather or other circumstances over which he had no control.
2Power to compel compliance when aircraft disobeys signals.

2. If an aircraft flies or attempts to fly over any area prescribed under this Act for the purposes of the defence or safety of the realm, or, in the case of an aircraft coming from any place outside the United Kingdom, fails to comply with any of the conditions as to landing prescribed by an order under the last foregoing section, it shall be lawful for any officer designated for the purpose by regulations made by the Secretary of State, to cause such signal as may be prescribed by those regulations to be given, and, if after such signal has been given the aircraft fails to respond to the signal by complying with such regulations as may be made by the Secretary of State prescribing the action to be taken on such a signal being given, it shall be lawful for the officer to fire at or into such aircraft and to use any and every other means necessary to compel compliance, and every and any such officer and every other person acting in his aid and by his direction shall be and is hereby indemnified and discharged from any indictment, penalty, action, or other proceeding for so doing.
3Short title.

3. This Act may be cited as the Aerial Navigation Act, 1913; and the Aerial Navigation Act, 1911, and this Act may be cited together as the Aerial Navigation Acts, 1911 and 1913.

###

1Removal of doubts as to effect of 8 Edw. 7. c. 28. s. 4. \(2), &c.

(1) For removing doubts as to the effect of subsection (2) of section forty-two of the Agricultural Holdings Act, 1908, and any enactment which is re-enacted by that subsection, it is hereby declared that a tenancy from year to year under a contract of tenancy current on the first day of January, eighteen hundred and ninety-six, shall not be deemed to have been determined thereafter by virtue of any provision contained in section sixty-one of the Agricultural Holdings (England) Act, 1883 , and the said subsection shall be repealed from the words “Provided that” to the end of the subsection.
(2) This Act shall apply to any claim for compensation which has not before the passing of this Act been determined by any judgment or order of a court of competent jurisdiction or award or agreement, whether the improvement to which the claim relates was made or begun before or after the commencement of the Agricultural Holdings Act, 1908.
2Short title.

2. This Act may be cited as the Agricultural Holdings Act, 1913, and the Agricultural Holdings Act, 1908, and this Act may be cited together as the Agricultural Holdings Acts, 1908 and 1913.

###

1Purchase of ancient monuments by agreement.

(1) The Commissioners of Works may, with the consent of the Treasury, purchase by agreement, out of any moneys which may be provided by Parliament for that purpose, any monument which appears to them to be an ancient monument within the meaning of this Act.
(2) Any local authority within the meaning of this Act may, if they think fit, purchase by agreement any monument situate in or in the vicinity of their area, which appears to them to be an ancient monument within the meaning of this Act.
(3) For the purpose of any such purchase, the Lands Clauses Acts shall be incorporated with this Act (with the exception of the provisions which relate to the purchase and taking of lands otherwise than by agreement), and, in construing those Acts for the purposes of this Act, this Act shall be deemed to be the special Act, and the Commissioners of Works or local authority, as the case may be, shall be deemed to be the promoters of the undertaking.
2Gift, devise, or bequest of ancient monuments to Commissioners of Works.

2. Any person may, by deed or will, give, devise, or bequeath to the Commissioners of Works or to a local authority all such estate or interest in any ancient monument as he may be seised or possessed of, and the Commissioners or authority may accept any such gift, devise or bequest if they think it expedient to do so.
Part II.

Guardianship of Ancient Monuments.
3Power to constitute commissioners of Works guardians of ancient monuments.

(1) The owner of any monument which appears to the Commissioners of Works to be an ancient monument within the meaning of this Act may, with the consent of the Commissioners, constitute them by deed guardians of the monument.

(2) The owner of any monument which appears to a local authority to be an ancient monument within the meaning of this Act, and is situate in or in the vicinity of their area may, with the consent of the local authority, constitute them by deed guardians of the monument:

Provided that the Commissioners of Works or the local authority, as the case may be, shall not consent to become guardians of any structure which is occupied as a dwelling-house by any person other than a person employed as the caretaker thereof or his family.

(3) Every person deriving title to any monument from, through, or under any owner who has constituted the Commissioners of Works or a local authority guardians of the monument under this section shall be bound by the deed executed by the owner for that purpose, and, where the owner of any land being the site of a monument is a tenant for life or in tail, or heir of entail in possession in Scotland, having a power of sale of the land either under the terms of a will or settlement or under any Act of Parliament, the deed executed by the owner in respect of the site of which he is so tenant for life or in tail or heir of entail in possession shall bind every successive owner of any estate or interest in the land, and the execution of any such deed by the tenant for life or in tail or heir of entail in possession shall not render him subject to any liability on account of any depreciation of property attributable thereto.

(4) Where the site of a monument is, at the time of the execution of the deed, subject to any incumbrance not capable of being over-reached by the tenant for life under the powers conferred on him by the Settled Land Acts, 1882 to 1890, or by the instrument creating the settlement, the deed shall not bind the incumbrancer.

(5) Except as provided by this Act, the owner of a monument, of which the Commissioners of Works or a local authority become guardians under this Act, shall have the same right and title to, and estate and interest in, the monument in all respects as if the Commissioners or local authority, as the case may be, had not become guardians thereof.

4Effect of becoming guardians of ancient monuments.

(1) Where the Commissioners of Works or a local authority become guardians of any ancient monument under this Act, they shall, until they receive notice in writing to the contrary from any owner of the monument who is not bound by the deed constituting them guardians of the monument, maintain the monument, and shall, with a view to the maintenance of the monument, have access by themselves, their inspectors, agents, or workmen to the monument for the purpose of inspecting it, and of bringing such materials and doing such acts and things as may be required for the maintenance thereof.

(2) All expenses incurred by the Commissioners of Works in maintaining the monument shall, subject to the approval of the Treasury, be defrayed out of moneys provided by Parliament.

(3) The expression “maintenance” in this section includes the fencing, repairing, and covering in, of a monument and the doing of any other act or thing which may be required for the purpose of repairing the monument or protecting it from decay or injury, and the expression “maintain” shall be construed accordingly.

5Description of owners for purposes of Part II.

(1) The following persons shall be deemed to be owners of monuments for the purposes of this Part of this Act, that is to say:—

  (a ) Any person entitled for an estate in fee to the possession or receipt of the rents and profits of any freehold or copyhold land:

  (b ) Any person absolutely entitled in possession to a beneficial lease of land of which not less than forty-five years are unexpired, but no lease shall be deemed to be a beneficial lease within the meaning of this section if the rent reserved thereby exceeds one third part of the full annual value of the land demised by the lease:

  (c ) Any person entitled under any existing or future settlement for the term of his own life, or the life of any other person, to the possession or receipt of the rents and profits of land of any tenure, in which the estate for the time being subject to the trusts of the settlement is an estate for lives or years renewable for ever, or an estate renewable for a term of not less than sixty years, or an estate for a term of years of which not less than sixty are unexpired, or any greater estate:

  (d ) Any body corporate, any corporation sole, any trustees for charities, and any commissioners or trustees for ecclesiastical, collegiate, or other public purposes, entitled, in the case of freehold or copyhold land, in fee, and in the case of leasehold land, to a lease for an unexpired term of not less than sixty years.

(2) Where any person who, by virtue of this section, is to be deemed the owner of a monument is a minor, or of unsound mind, the guardian or committee, or, in Scotland, the tutor or curator, as the case may be, of that person shall be the owner for the purposes of this Part of this Act, and, where such owner is a married woman, she shall have power to execute a deed constituting the Commissioners of Works or a local authority guardians notwithstanding that she is restrained from anticipation.

(3) In this section the expression “entitled” means beneficially entitled; and the expression “land” means land which is the site of an ancient monument, whether the land is or is not subject to incumbrances.

Part III.

Protection of Ancient Monuments.
6Orders placing ancient monuments under protection of Commissioners of Works.

(1) If the Ancient Monuments Board constituted under this Act report to the Commissioners of Works that any monument is in danger of destruction or removal or damage from neglect or injudicious treatment, and that the preservation of the monument is of national importance, the Commissioners may, if they think fit, and if it appears to them that the monument is an ancient monument within the meaning of this Act, make an order (in this Act referred to as a Preservation Order) placing the monument under the protection of the Commissioners:

Provided that, if in any case the Commissioners of Works consider that the making of such an order is a matter of immediate urgency, the Commissioners may make the order without receiving any such report as aforesaid.

(2) Where the ancient Monuments Board have reason to believe that any monument is in danger as aforesaid, and that the preservation of the monument is of national importance, they may themselves, or by any person authorised in writing by them, enter at any reasonable time upon any premises for the purpose of enabling them to determine by inspection of the monument whether it is proper for them to report to the Commissioners:

Provided that, unless the Ancient Monuments Board consider that the inspection of the monument is a matter of immediate urgency, they shall give not less than seven clear days' notice to the occupier of the premises of their intention so to enter upon them.

(3) A Preservation Order shall have effect for a period of eighteen months after the date on which it is made, but on the expiration of that period shall cease to have effect unless it has been confirmed by Parliament; and, if a Preservation Order so made is not confirmed by Parliament within a period of eighteen months, no further Preservation Order shall be made with reference to the same monument until after the expiration of five years from the date on which the Order which has ceased to have effect was made.

(4) The Commissioners of Works may bring in a Bill for confirming any Preservation Order, and if, while the Bill confirming any such Order is pending in either House of Parliament, a petition is presented against the Order, the Bill, so far as it relates to the Order, may be referred to a select committee or, if the two Houses of Parliament think fit so to order, to a joint committee of those Houses, and the petitioner shall be allowed to appear and oppose as in the case of a private Bill.

(5) Where a Committee on a Bill for confirming any Preservation Order report by a majority of the members for the time being present and voting that a petitioner against the Bill has been unreasonably subjected to expense, or has been subjected to an unreasonable amount of expense in defending his rights proposed to be interfered with by the Bill, they may award costs against the Commissioners of Works and any costs under this section may be taxed and recovered in accordance with the Parliamentary Costs Act, 1865 .

7Effect of Preservation Order.

(1) While a Preservation Order is in force, the monument to which the Order relates shall not be demolished or removed, nor shall any additions or alterations be made thereto or any work carried out in connection therewith except with the written consent of the Commissioners of Works.

(2) If, while a Preservation Order is in force, it appears to the Commissioners of Works that owing to the neglect of the owner of the monument the monument is liable to fall into decay, the Commissioners may, with the consent of the Treasury, make an order constituting themselves guardians of the monument so long as the Preservation Order is in force, and in that case the provisions of this Act shall, during that period, take effect as if the Commissioners had been constituted guardians by virtue of a deed executed by the owner.

Any order made under this subsection may be revoked at any time by the Commissioners.

8Saving for buildings used as dwelling-house.

8. This Part of this Act shall not apply to any structure which appears to the Commissioners of Works to be occupied as a dwelling-house (otherwise than by a person employed as the caretaker thereof or his family).
Part IV.

General.
Supplemental Provisions as to Preservation of Monuments.
9Power to receive voluntary contributions for maintenance of ancient monuments.

9. The Commissioners of Works or any local authority may receive voluntary contributions towards the cost of the maintenance and preservation of any monument of which they may become the owners or guardians under the provisions of this Act, and may enter into any agreement with the owner of any such monument or with any other person as to the maintenance and preservation of the monument and the cost thereof.
10Transfer of ancient monuments between local authorities and Commissioners of Works.

10. The Commissioners of Works and any local authority may, in respect of any monument of which they are the owners or guardian (but where they are guardians only with the consent of the owner of the monument), enter into and carry into effect any agreements for the transfer from the Commissioners to the local authority, or from the local authority to the Commissioners, or from the local authority to another local authority, of the monument, or of any estate or interest therein, or of the guardianship thereof.
11General powers of local authorities with respect to preservation of ancient monuments.

11. Any local authority may, if they think fit, at the request of the owner, undertake or contribute towards the cost of preserving, maintaining, and managing, any monument which appears to them to be an ancient monument and is situate in, or in the vicinity of, their area, whether they have purchased the monument or become guardians of it under this Act or not: Provided that the plans and specification of all works, other than those of immediate necessity, to be undertaken or contributed by the local authority shall be submitted to the Ancient Monuments Board, and the Board, if they object to any plans or specifications, shall report the matter to the Commissioners of Works, whose decision shall be final.
12Notice to be given by owners of certain monuments.

(1) The Commissioners of Works shall from time to time cause to be prepared and published a list containing—

  (a ) such monuments as are reported by the Ancient Monuments Board as being monuments the preservation of which is of national importance; and

  (b ) such other monuments as the Commissioners think ought to be included in the list;

and the Commissioners shall, when they propose to include a monument in the list, inform the owner of the monument of their intention and of the penalties which may be incurred by a person guilty of an offence under the next succeeding subsection.

(2) Where the owner of any ancient monument which is included in any such list of monuments as aforesaid proposes to demolish or remove in whole or in part, structurally alter, or make additions to, the monument, he shall forthwith give notice of his intention to the Commissioners of Works, and shall not, except in the case of urgent necessity, commence any work of demolition, removal, alteration, or addition for a period of one month after having given such notice; and any person guilty of a counterrevolution of or non-compliance with this provision shall be liable on summary conviction to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both.

(3) This section shall not apply to any structure which is occupied as a dwelling-house by any person other than a person employed as the caretaker thereof or his family.

Public Access to Monuments and Penalty for Injuring Monuments.
13Public access to ancient monuments.

13. The public shall have access to any monument of which the Commissioners of Works or a local authority are the owners or guardians at such times and under such regulations as may from time to time be prescribed by the Commissioners or local authority:
Provided that—

a ) this suction shall not apply to any monument of which the Commissioners or a local authority have been constituted the guardians before the commencement of this Act, except in cases where the consent of the owner has been given to the public having access to the monument either by the deed constituting the Commissioners or local authority the guardians or otherwise; and


b ) where the deed constituting the Commissioners or local authority the guardians of the monument, in the case of a deed executed after the commencement of this Act, so provides, the public shall not have access to the monument without the consent of the owner of the monument.


14Penalty for injuring ancient monuments.

(1) If any person injures or defaces any monument of which the Commissioners of Works or a local authority are the owners or guardians, or which is the subject of a Preservation Order, or to which this section applies by virtue of an Order in Council made thereunder, that person shall, on summary conviction, be liable either to a fine not exceeding five pounds, and, in addition to the fine, to pay such sums as the court by whom he is tried think just for the purpose of repairing any damages caused by him, or to imprisonment with or without hard labour for a term not exceeding one month.

(2) In England, any person convicted of an offence under this Act may appeal to quarter sessions in manner provided by the Summary Jurisdiction Acts.

(3) The owner of an ancient monument shall not be punishable under this section in respect of any act which he may do to the monument, except in cases where the Commissioners of Works or the local authority have been constituted guardians of the monument, and in that case he may be dealt with as if he were not the owner.

(4) His Majesty may, by Order in Council, declare that this section shall apply to any monument specified in the Order which appears to His Majesty to be an ancient monument within the meaning of the Act, and on any such Order being made this section shall apply accordingly.

Ancient Monuments Board and Inspectors.
15Ancient Monuments Board.

(1) The Commissioners of Works shall constitute an Advisory Board under the name of the Ancient Monuments Board, consisting of members representing the bodies named in the First Schedule to this Act, and such other members as the Commissioners of Works may appoint; and may, if and when they think it desirable to do so, constitute separate advisory boards for Scotland and Wales, and, in such case, the obligation to appoint members representing the bodies named in the First Schedule to this Act shall, so far as those bodies are bodies whose activities are confined to England, Scotland, or Wales, be construed distributively.

(2) His Majesty may, by Order in Council, alter the First Schedule to this Act.

(3) The Ancient Monuments Board may, if so requested by the owner of an ancient monument, give advice, free of charge, except for out of pocket expenses, with reference to the treatment thereof.

16Inspectors of ancient monuments.

(1) The Commissioners of Works, with the consent of the Treasury, shall appoint one or more inspectors of ancient monuments, and it shall be the duty of those inspectors to report to the Commissioners of Works on the condition of ancient monuments and on the best mode of preserving them.

(2) There shall be paid, out of moneys provided by Parliament, to any inspectors so appointed, such remuneration and allowance for expenses as may be determined by the Treasury.

17Advice and superintendence by Commissioners of Works.

(1) The Commissioners of Works may, if they think fit, give advice with reference to the treatment of any ancient monument, and shall, as and when required, give that advice with reference to the treatment of any monument which is placed under their protection by virtue of a Preservation Order.

(2) The Commissioners of Works may also, if in their opinion it is advisable, superintend any work in connection with any ancient monument if invited to do so by the owner, and shall superintend any such work, whether required to do so by the owner or not, in connection with any monument which is placed under their protection by virtue of a Preservation Order if in their opinion it is advisable.

(3) Any such advice and superintendence shall be given free of charge, except that a charge may be made for out-of-pocket expenses in the case of monuments which are not placed under the protection of the Commissioners by virtue of a Preservation Order.

Miscellaneous.
18Relaxation of byelaws.

18. Where it appears to the council of a borough or a district, which expression in this Act shall include the Common Council of the City of London, that the erection of buildings of a style of architecture in harmony with other buildings of artistic merit existing in the locality is impeded in consequence of any byelaws with respect to new streets or buildings in force in the borough or district, the council may, with the consent of the Local Government Board, relax the byelaws so far as may be necessary to allow the erection of such buildings, provided that the council is satisfied that such buildings can be erected with due regard to safety from fire and to sanitation: Provided also that no byelaws in force in the City of London shall be relaxed under this section except such as are administered by the Common Council of the City of London.
19Power of councils to make byelaws regulating advertisements.

19. The Advertisements Regulation Act, 1907, shall be construed as if the powers of the local authority as defined by that Act included a power to make byelaws prohibiting or restricting the display of advertisements or notices of such a nature or in such a manner as to be detrimental to the amenities of any ancient monument specified in the byelaw. Any power to make byelaws given by this section shall be in addition to, and not in derogation of, the powers to make byelaws given by the Advertisements Regulation Act, 1907, or by any other Act.
20Incorporation of Commissioners of Works for purposes of Act, &c.

(1) For the purposes of this Act, the Commissioners of Works shall be a body corporate by that name and shall have perpetual succession and a common seal, and may acquire by gift, will or otherwise, and hold without licence in mortmain, any land or estate or interest in land.

(2) Any conveyance, appointment, devise or bequest of land or any estate or interest in land under this Act to the Commissioners of Works or a local authority shall not be deemed to be a conveyance, appointment, devise or bequest to a charitable use within the meaning of the Acts relating to charitable uses.

21Local authorities.

(1) The council of every county and borough and the Common Council of the City of London shall be a local authority within the meaning of this Act.

(2) The expenses of a local authority under this Act shall be defrayed, in the case of the London County Council as payments for general county purposes, in the case of any other county council out of the county fund, and in the case of a borough council out of the borough fund or borough rate, or if no borough rate is levied, out of a separate rate to be made, assessed, and levied in like manner as a borough rate, and in the case of the City of London out of the general rate, and a local authority may borrow for the purposes of this Act in the case of a county council, as for the purposes of the Local Government Act, 1888 , and in the case of a borough council, as for the purposes of the Public Health Acts; but the money borrowed by a borough council shall be borrowed on the security of the fund or rate out of which the expenses of the council under this Act are payable.

22Definition of ancient monument.

22. In this Act the expression “monument” includes any structure or erection, other than an ecclesiastical building which is for the time being used for ecclesiastical purposes; and the expression “ancient monument” includes any monument specified in the schedule to the Ancient Monuments Protection Act, 1882, and any other monuments or things which, in the opinion of the Commissioners of Works, are of a like character, and any monument or part or remains of a monument, the preservation of which is a matter of public interest by reason of the historic, architectural, traditional, artistic, or archaeological interest attaching thereto, and the site of any such monument, or of any remains thereof; and any part of the adjoining land which may be required for the purpose of fencing, covering in, or otherwise preserving the monument from injury, and also includes the means of access thereto.
23Special provision as to Scotland.

(1) A duplicate of any report made to the Commissioners of Works by any inspector under this Act, or by the Ancient Monuments Board constituted under this Act, with reference to an ancient monument in Scotland, shall be forwarded to the Board of Trustees for the National Galleries of Scotland, and the Commissioners of Works shall take into consideration any representations which may be made to them in relation to the monument by that Board.

(2) In the application of this Act to Scotland, references to a borough shall be construed as references to a Royal or Parliamentary burgh; references to a district and the council thereof shall be construed as references to a county and the county council, and the expenses of a county council shall be defrayed out of the general purposes rate; references to the borough fund or borough rate shall be construed as references to the general improvement assessment; and references to the Local Government Board, the Local Government Act, 1888, and the Public Health Acts shall be respectively construed as references to the Local Government Board for Scotland, the Local Government (Scotland) Act, 1889 , and the Public Health (Scotland) Act, 1897 .

24Repeal.

24. The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule: Provided that—
(1) Any document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment of this Act:

(2) Anything done under any Act repealed by this Act shall, for the purposes of this Act, be deemed to have been done under this Act:

(3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section thirty-eight of the Interpretation Act, 1889 , with regard to the effect of repeals.

25Short title and application.

(1) This Act may be cited as the AncientMonumentsConsolidation and AmendmentAct, 1913 .

(2) This Act shall not apply to Ireland.

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1. His Majesty may appoint two Lords of Appeal in Ordinary under section six of the Appellate Jurisdiction Act, 1876, in addition to the four Lords of Appeal in Ordinary whom he may appoint under sections six and fourteen of that Act and the law relating to the appointment and qualifications of Lords of Appeal under the said section six, and to their duties and tenure of office, their rank, salary, and pension, and otherwise, shall apply to any Lord of Appeal appointed under this section: Provided that the sum paid in salaries in any one year to the Lords of Appeal in Ordinary appointed under this Act shall in no case exceed twelve thousand pounds.
2Lords of Appeal to be ex-officio judges of Court of Appeal.

2. Every Lord of Appeal in Ordinary, whether appointed before or after the passing of this Act, who at the date of his appointment would have been qualified to be appointed an ordinary judge of the Court of Appeal, or who at that date was a judge of that Court shall be an ex-officio judge of that Court, but no such Lord of Appeal shall be required to sit and act as a judge of the Court of Appeal unless upon the request of the Lord Chancellor he consents so to do, and whilst so sitting and acting he shall rank therein according to his precedence as a peer.
3Provisions as to colonial judges becoming members of the Judicial Committee.

(1) The maximum number of persons (being, or having been, judges in certain parts of His Majesty's dominions) who may become members of the Judicial Committee of the Privy Council by reason of the Judicial Committee Amendment Act, 1895 , as amended by any subsequent enactment shall be increased from five to seven, and accordingly seven shall be substituted for five in subsection (2) of section one of that Act.

(2) Section one of the said Act shall have effect as if the persons named therein included any person being or having been Chief Justice or a Judge of the Supreme Court of South Africa.

(3) His Majesty may, by Order in Council, regulate the order in which the persons qualified to become members of the Judicial Committee under the said Act as so amended, are to become members thereof, so as to secure, as far as possible, an equal distribution of such members amongst the various parts of His Majesty's dominions to which the Act so amended relates.

(4) The enactments mentioned in the schedule to this Act are hereby repealed to the extent mentioned in the third column of that schedule, and in the schedule to the Appellate Jurisdiction Act, 1908 , for the words “Cape of Good Hope, Natal, Transvaal, Orange River Colony” there shall be substituted the words “the Union of South Africa.”

4Short title.

4. This Act may be cited as the Appellate Jurisdiction Act, 1913.

###

1. This Act may be cited as the Army ( Annual) Act, 1913.
2Army Act to be in force for specified times.

(1) The Army Act shall be and remain in force during the periods herein-after mentioned, and no longer, unless otherwise provided by Parliament (that is to say):—

  (a ) Within the United Kingdom, the Channel Islands, and the Isle of Man, from the thirtieth day of April one thousand nine hundred and thirteen to the thirtieth day of April one thousand nine hundred and fourteen, both inclusive; and

  (b ) Elsewhere, whether within or without His Majesty's dominions, from the thirty-first day of July one thousand nine hundred and thirteen to the thirty-first day of July one thousand nine hundred and fourteen, both inclusive.

(2) The Army Act, while in force, shall apply to persons subject to military law, whether within or without His Majesty's dominions.

(3) A person subject to military law shall not be exempted from the provisions of the Army Act by reason only that the number of the forces for the time being in the service of His Majesty, exclusive of the marine forces, is either greater or less than the number herein-before mentioned.

3Prices in respect of billeting.

3. There shall be paid to the keeper of a victualling house for the accommodation provided by him in pursuance of the Army Act the prices specified in the First Schedule to this Act.
Amendments of the Army Act.
4Amendment of section 108A of the Army Act.

4. The officers who may be authorised to issue a billeting requisition under section one hundred and eight A of the Army Act shall include general or field officers commanding any part of His Majesty's forces in any military district or place in the United Kingdom, and accordingly in subsection (1) of that section, for the words “any general or field officer commanding His Majesty's regular forces,” there shall be substituted the words “any general or field officer commanding any part of His Majesty's forces.”
5Extension of section 115 of Army Act to aircraft.

5. The power of requisitioning carriages, horses, and vessels in case of emergency conferred by the Army Act shall extend so as to include a power of requisitioning aircraft of all descriptions, and accordingly at the end of subsection (2) of section one hundred and fifteen of the Army Act there shall be inserted the words “and also of aircraft of every description”; and the consequential amendments specified in the second column of the Second Schedule to this Act shall be made in the enactments mentioned in the first column of that schedule.
6Amendment of section 145 of the Army Act.

6. In section one hundred and forty-five of the Army Act (which relates to the liability of a soldier to maintain his wife and children) after the words “order a portion” there shall be inserted the words “not exceeding in respect of a wife and children one shilling and sixpence, and in respect of a bastard child one shilling, of the daily pay of a warrant officer not holding an honorary commission.”
7Amendment of section 164 of the Army Act.

7. In section one hundred and sixty-four of the Army Act (which relates to the evidence of civil convictions and acquittals) after the word “judgment” there shall be inserted the words “or order”; for the words “if he was convicted, and the acquittal if he was acquitted” there shall be substituted the words “or if he was acquitted the acquittal”; and after the word “sentence” there shall be inserted the words “or of the order of the court.”

###

1. This Act may be cited as the Bankruptcy ( Scotland) Act, 1913.
2Construction and meaning of certain expressions.

2. In this Act, unless a contrary intention appears, “Lord Ordinary” shall mean the Lord Ordinary officiating on the Bills in the Court of Session; “deliverance” shall include any order, warrant, judgment, decision, interlocutor, or decree; “clerk or officer of the Court of Session” shall include the keeper of the registers of inhibitions and adjudications; “accountant” shall mean the accountant of court appointed under the Judicial Factors (Scotland) Act, 1889; “Gazette” shall mean the Edinburgh Gazette; “commissioners” shall mean a majority of the commissioners elected under the provisions of this Act; “property” and “estate” shall, when not expressly restricted, include every kind of property, heritable or moveable, wherever situated, and all rights, powers, and interests therein capable of legal or voluntary alienation, or of being affected by diligence or attached for debt, and any non-vested contingent right of succession or interest in property conceived in favour of the bankrupt under the will or settlement of any person deceased, or under marriage contract, or under any other deed, instrument, or writing of an irrevocable nature; “moveable” shall include personal; and “heritable” shall include real; “security” shall include securities, heritable or moveable, and rights of lien, retention, or preference, and conveyances thereof and any part thereof; “successors” shall include all persons who have succeeded to any property which was vested in a party deceased at the time of his death, whether as heirs, heirs apparent, trustees under voluntary conveyances, representatives by deed
or otherwise, executors, administrators, or nearest of kin, or as assignees, or legatees, and shall also include singular successors where they have acquired the right; “vote” shall include a consent to any offer of composition, deed of arrangement, recall of sequestration, or private sale of heritage, and to a discharge of the debtor, and also a dissent from such offer, deed of arrangement, recall, private sale, or discharge; “company” shall include bodies corporate, politic, or collegiate, and partnerships; “partner of a company” shall include the members of such bodies; “debtor,”“bankrupt,” and “creditor” shall apply to companies as well as individuals, and shall include aliens; “undischarged bankrupt” shall include a person whose estate has been sequestrated and who has not received his discharge from a competent court in Scotland; “summary sequestration” shall mean a sequestration to which the provisions of sections one hundred and seventy-four, one hundred and seventy-five and one hundred and seventy-six of this Act apply.

3Reckoning of time.

3. Periods of time in this Act shall be reckoned exclusive of the day from which such period is directed to run.
4Dates of deeds.

4. The date of a deed under this Act, or under the Act passed in the Parliament of Scotland held in the year one thousand six hundred and ninety-six, chapter five, shall be the date of the registration of the deed, or of delivery, or of intimation, or of such other proceeding as shall, in the particular case, be requisite for rendering such deed completely effectual.
Constitution and Effects of Notour Bankruptcy.
5Notour bankruptcy of individuals.

5. Notour bankruptcy shall be constituted by the following circumstances:—
1st.	
By sequestration, or by the issuing of an adjudication of bankruptcy or the granting of a receiving order in England or Ireland; or
2nd.	
By insolvency, concurring—
(a )—(1) With a duly executed charge for payment, where a charge is necessary, followed by the expiry of the days of charge without payment;
(2) Where a charge is not necessary, with the lapse without payment of the days which must elapse before poinding or imprisonment can follow on a decree or warrant for payment of a sum of money;
(3) With a poinding or seizure of any of the debtor's moveables for non-payment of rates or taxes;
(4) With a decree of adjudication of any part of his heritable estate for payment or in security; or
(b ) With sale of any effects belonging to the debtor under a sequestration for rent.
6Of a company.

6. Notour bankruptcy of a company shall be constituted either in any of the foregoing ways or by any of the partners being rendered notour bankrupt for a company debt.
7Commencement of notour bankruptcy.

7. Notour bankruptcy shall be held to commence from the time when its several requisites concur, and when it has once been constituted shall continue, in case of a sequestration, till the debtor shall obtain his discharge, and in other cases until insolvency cease, without prejudice to notour bankruptcy being anew constituted within such period or after the expiry thereof and any second or subsequent constitution of notour bankruptcy shall be available for all the purposes of section ten of this Act as well as for the purpose of applying for sequestration of a debtor's estates.
8Deeds made void by this Act, and alienations of property voidable, may be set aside by way of action, &c.

8. Deeds made void by this Act, and all alienations of property by a party insolvent or notour bankrupt, which are voidable by statute or at common law, may be set aside either by way of action or exception, and a decree setting aside the deed by exception shall have the like effect, as to the party objecting to the deed, as if such decree were given in an action at his instance: and this section shall apply as well in the sheriff court as in the Court of Session.
9May be by trustee.

9. The trustee on a sequestrated estate, whether representing prior creditors or not, shall, under this Act, be entitled to set aside any such deed or alienation for behoof of the whole body of creditors, and in so doing shall be entitled to the benefit of any presumption which would have been competent to any creditor.
Pari passu Ranking of Diligence.
10Arrestments and poindings.

10. Arrestments and poindings which shall have been used within sixty days prior to the constitution of notour bankruptcy, or within four months thereafter, shall be ranked pari passu as if they had all been used of the same date; provided that, if such arrestments are used on the dependence of an action, they be followed up without undue delay; provided further that any creditor judicially producing in a process relative to the subject of such arrestment or poinding liquid grounds of debt or decree of payment within such period shall be entitled to rank as if he had executed an arrestment or a poinding; and in case the first or any subsequent arrester shall, in the meantime, obtain a decree of forthcoming and preference, and thereupon shall recover payment, or a poinding creditor shall carry through a sale, he shall be accountable for the sum recovered to those who, by virtue of this Act, may be eventually found to have a right to a ranking pari passu thereon, and shall be liable to an action at their instance for payment to them proportionally, after allowing out of the fund the expense of recovering the same; and if any arrestments be used for attaching the same effects after the period of four months
subsequent to the bankruptcy, such arrestments shall not compete with those used within the said periods prior or subsequent thereto, but may rank with each other on any reversion of the fund attached, according to law and practice.

Sequestration, when competent.
11Sequestration may be awarded in cases herein enumerated.

11. Sequestration may be awarded of the estate of any person in the following cases:—
1st. In the case of a living debtor subject to the jurisdiction of the supreme courts of Scotland:

(a ) On his own petition, with the concurrence of a creditor or creditors, qualified as herein-after mentioned;

(b ) On the petition of a creditor or creditors, qualified as hereinafter mentioned, provided the debtor be notour bankrupt, and have within a year before the date of the presentation of the petition resided or had a dwelling house or place of business in Scotland; or otherwise, in the case of a company being notour bankrupt, as hereinbefore provided, if it have within such time carried on business in Scotland, and any partner have so resided or had a dwelling house or if the company have had a place of business in Scotland:

2nd. In the case of a deceased debtor who at the date of his death was subject to the jurisdiction of the supreme courts of Scotland:

(a ) On the petition of a mandatory to whom he had granted a mandate to apply for sequestration;

(b ) On the petition of a creditor or creditors qualified as hereinafter mentioned.

12Qualification of creditors, petitioning or concurring.

12. Petitions for sequestration may be at the instance or with the concurrence of any one or more creditors whose debt or debts together amount to not less than fifty pounds, whether such debts are liquid or illiquid, provided they are not contingent.
13Within what date petitions may be presented.

13. Petitions for sequestration, presented without the concurrence of the debtor, he being in life, shall be competent only within four months of the date of the debtor's notour bankruptcy; and petitions for sequestration of the estates of a deceased debtor at the instance of a creditor may be presented at any time after the debtor's death, but no sequestration shall be awarded until the expiration of six months from the debtor's death, unless he was at the time of his death notour bankrupt, or unless his successors shall concur in the petition or renounce the succession, in which several cases sequestration shall forthwith be awarded; and in all other cases falling under this Act a petition for sequestration shall be competent at any time, and sequestration may follow thereon in manner hereinafter directed.
Interim Preservation of Estate.
14Court may take measures to preserve estate before sequestration.

14. It shall be competent for the court to which a petition for sequestration is presented, whether sequestration can forthwith be awarded or not, on special application by a creditor, either in such petition or by a separate petition, with or without citation to other parties interested, as the said court may deem necessary, or without such special application if the court think proper, to take immediate measures for the preservation of the estate, either by the appointment of a judicial factor, who shall find such caution as may be deemed necessary, with the powers necessary for such preservation, including the power to recover debts, or by such other proceedings as may be requisite; and such interim appointments or proceedings shall be carried into immediate effect; but, if the same have been made or ordered by the sheriff, they may be recalled by the Court of Session, on appeal taken, in manner hereinafter directed.
15After sequestration bankrupt's papers may be sealed up.

15. The sheriff shall have power, upon cause shown by any creditor, or without any application, if he shall think fit: (1) at any time after the sequestration and before the election of a trustee, to cause to be sealed up and put under safe custody the books and papers of the bankrupt, and to lock up his shop, warehouse, or other repositories, and to keep the keys thereof till a trustee is elected and confirmed: (2) At any time after the presentation of a petition for sequestration, to grant warrant to take possession of and put under safe custody any bank notes, money, bonds, bills, cheques or drafts, or other moveable property belonging to or in the possession of the debtor; and, if necessary for that purpose, to open lock-fast places, and to search the dwelling-house, shop, counting-house, warehouse, or other premises, and the person of the debtor.
Forum.
16Courts for awarding sequestration.

16. Sequestration may be awarded in the case of a debtor in life or of a deceased debtor either by the Court of Session or by the sheriff of any county in which the debtor has resided or carried on business for the year preceding the date of the petition, or in the case of a deceased debtor for the year preceding the date of his death: Provided (1) that no sequestration shall be awarded by any court after production of evidence that a sequestration has already been awarded in another court, and is still undischarged; (2) that, where a prior petition for sequestration is in dependence before any court, the court to which a subsequent petition has been presented may remit such subsequent petition to the court in which the prior petition is in dependence.
17Later sequestrations to be remitted to the first in date.

17. When sequestration has been awarded against a debtor by the sheriffs of two or more counties, the later sequestration or sequestrations shall, on production of a certificate by the sheriff clerk of the county in which the sequestration first in date was
awarded, setting forth the date of such sequestration, be remitted to the sheriff of such county and a notice of such remit shall be inserted in the Gazette within four days after a copy of the deliverance of such remit could be received in course of post in Edinburgh. Where all the sequestrations are of the same date, any one may be brought by appeal at any time before either division of the Court of Session or Lord Ordinary; and on such appeal, or when a sequestration has been awarded by the Court of Session alone, or by the Court of Session and also by one or more sheriff courts, the Court of Session or Lord Ordinary shall remit the sequestration to such sheriff court as in the whole circumstances they or he shall deem expedient; and a notice of such remit shall be inserted in the Gazette within four days after such remit shall have been made: Provided always that, in any case in which the sheriff has refused to sequestrate, it shall be competent to present a petition for sequestration to the Court of Session notwithstanding such judgment of refusal.

18No proceeding under order of sheriff to be effectual after appeal, except for preservation of estate.

18. It shall be competent in such case for each sheriff awarding sequestration to take such measures in the meantime as may be necessary for preserving the debtor's estate and effects within his jurisdiction, under the provisions of this Act; but no other orders given by any sheriff on or after awarding sequestration, and no proceedings of creditors or others in pursuance thereof, excepting orders given by the sheriff before whom the sequestration comes to depend, shall be of any force or effect from and after the date of such appeal, or of sequestration by the Court of Session.
19Transfer of sequestration.

19. After a sequestration has been awarded it shall be competent at any time to bring such sequestration before the Court of Session or the Lord Ordinary by Appeal, and the Court or the Lord Ordinary may thereupon transfer such sequestration from the sheriff court to which it has been remitted or before which it depends to any other sheriff court.
Form of Petition, and Productions therewith.
20Form of petition.

20. Petitions for sequestration in the Court of Session shall be made to the Lord Ordinary, and be signed by the petitioner or his counsel or agent, and the division of the court to which the sequestration is appropriated shall be marked thereon, and in the sheriff court shall be signed by the petitioner or his agent, and in either court, in petitions at the instance of the debtor, but not signed by him, there shall be produced therewith a mandate authorising the same, signed by him, or in the case of a company signed by a party entitled to act for the company; and in all cases the petitioning or concurring creditor shallproduce with such petition an oath to the effect hereinafter specified, and also the account and vouchers of the debt as hereinafter provided; failing which production the petition shall be dismissed.
21Oath to be to verity of debt and extent of securities.

21. Such oath, in the case of a creditor residing within the kingdom of Great Britain and Ireland, shall be taken by him before a judge ordinary, magistrate, justice of the peace, a notary public, or a commissioner competent to administer oaths in the High Court of Justice in England or Ireland, to the verity of the debt claimed by him; and he shall in such oath state what other persons, if any, are, besides the bankrupt, liable for the debt or any part thereof, and specify any security which he holds over the estate of the bankrupt or of other obligants, and depone that he holds no other obligants or securities than those specified; and, where he holds no other person than the bankrupt so bound, and no security, he shall depone to that effect.
22How taken, when creditor out of Great Britain or Ireland.

22. Such oath, in the case of a creditor who is out of the kingdom of Great Britain and Ireland, shall be taken by him to the verity of the debt in the manner above provided before a magistrate or justice of the peace, or other person qualified to administer oaths in the country where he resides (he being certified to be a magistrate or justice of the peace, or qualified as aforesaid, by a British minister or British consul, or by a notary public), or his known agent or mandatory in Great Britain or Ireland shall make an oath of credulity in the manner and to the effect before provided.
23Oath to specify further particulars in certain cases.

23. When a petition is presented for sequestration of the estates of a deceased debtor, the petitioning creditor shall, in his oath, or in a separate oath, specify the place where the debtor resided or had a dwelling house or carried on business in Scotland at the time of his death, and whether he was then owner of estates in Scotland.
24Claims of companies and creditors who are minors or incapable.

24. When the creditor is a corporation, an oath of verity made as aforesaid by the secretary, manager, cashier, clerk, or other principal officer of such corporation shall be sufficient, although the person making the same be not a member of such corporation, or in case of other companies an oath by a partner shall be sufficient; and where any creditor shall be under age or incapable to make oath, an oath of credulity as aforesaid by his authorised agent, factor, guardian, or manager shall be sufficient.
Citation on Petition.
25When citation of parties necessary.

25. When a petition for sequestration is presented without the consent of the debtor, or for the sequestration of the estate of a debtor who is dead, without the consent of the successor, the Lord Ordinary or sheriff to whom it is presented shall grant warrant to cite the debtor, or, if dead, his successor, to appear within a specified period, if he be within Scotland, by delivering to him personally, or by posting in a registered letter addressed to him at his dwelling house or place of business, or the dwelling house or place of business last occupied by him, a copy of the petition and warrant, and, if the debtor or his successor be furth
of Scotland, to cite him to appear within a specified period by leaving such copy at the office of edictal citations and at the dwelling house or place of business last occupied by him, to show cause why sequestration should not be awarded; and the Lord Ordinary or the sheriff shall, if desired, grant diligence to recover evidence of the notour bankruptcy or other facts necessary to be established.

26In sequestration of a company.

26. When the debtor is a company, it shall be a sufficient citation that a copy of the petition and warrant be left at the place where the business of the company is or was last carried on, provided a partner or a clerk or a servant of the company be there, and failing thereof at the dwelling house of any of the acting partners, and, if the house of such partner cannot be found, by leaving a copy at the office of edictal citations; and sequestration may be awarded either on the application of the company itself, or on the application of a creditor or creditors to the amount aforesaid, without the consent of the company, of the estates of the company and partners jointly, or of their respective estates separately.
27Induci of citation.

27. The induci of citation, when made personally or at a dwelling house or place of business, shall be not less than six nor more than fourteen days, and when made edictally shall be fourteen days; and the Lord Ordinary or the sheriff at the same time shall direct intimation of the warrant, and of the diet of appearance on such induci, to be made in the Gazette: Provided that, where citation is made edictally and the address of the debtor in England or Ireland is known, a copy of the petition shall be sent to him at that address by registered letter posted on the day upon which the induci of citation begin to run.
Procedure on Petition.
28Sequestration to be forth with awarded on petition by debtor.

28. When a petition is presented in manner aforesaid to the Lord Ordinary, or to the sheriff, for sequestration, the Lord Ordinary or the sheriff shall forthwith, if the same is presented by or with the concurrence of the debtor, or, if dead, of his successor, or if the successor shall renounce the succession, issue a deliverance by which he shall award sequestration of the estates which then belong or shall thereafter belong to the debtor before the date of the discharge, and declare the estates to belong to the creditors for the purposes of this Act, and, if the debtor is dead, shall ordain any successor who has made up a title to or is in possession of any part of his property to convey the same to the trustee to be appointed as hereinafter mentioned.
29Sequestration to be swarded after citation and hearing parties when petition not by debtor.

29. Where the petition is not by or with the concurrence of the debtor, or, if dead, of his successor, and if the debtor, or if dead, his successor, do not appear at the diet of appearance, either in person or by his counsel or agent, and show cause why the sequestration cannot be competently awarded, or if the
debtor so appearing do not instantly pay the debt or debts in respect of which he was made bankrupt, or produce written evidence of the same being paid or satisfied, and also pay or satisfy, or produce written evidence of the payment or satisfaction of the debt or debts due to the petitioner or to any other creditor appearing and concurring in the petition, the Lord Ordinary or sheriff, on production of evidence of the citation and of the foresaid requisites for sequestration, shall award sequestration in manner and to the effect before mentioned; and it shall not be competent for any creditor, after the date of the first deliverance on the petition for sequestration, to be confirmed executor creditor, or to raise or insist in any adjudication against the estate of the deceased debtor.

30Recall of sequestration within forty days.

30. The deliverance awarding sequestration shall not be subject to review; but any debtor whose estate has been sequestrated without his consent, or the successors who have not renounced the succession of any deceased debtor whose estate has been sequestrated without their consent, unless on the application of a mandatory authorised by the deceased debtor, or any creditor, whether the sequestration has been awarded by the Lord Ordinary or by the sheriff, may, within forty days after the date of such deliverance, present a petition to the Lord Ordinary, setting forth the grounds for recall, and praying for recall; and when sequestration has been awarded of the estate of a deceased debtor, when his successor was edictally cited, it shall be competent for his successor, or any person having interest, to apply by petition as aforesaid at any time before the publication of the advertisement for payment of the first dividend hereinafter mentioned; and the Lord Ordinary shall, in these several cases, order a copy of the petition for recall and of his deliverance to be served on the parties who petitioned or concurred in the petition for sequestration, or on their respective known agents, and on the trustee, if appointed, and shall require them to answer within a specified short time, and order a notice of the presentation of the petition for recall to be published in the Gazette, and on the expiration of the time so fixed he shall proceed to pronounce judgment; and, if he shall recall the sequestration, the recall shall be entered in the register of sequestrations, and an abbreviate extract thereof in the form of Schedule E, No. 5, hereto annexed, shall be recorded in the registers of inhibitions and adjudications.
31Recall of sequestration at a future time.

31. No petition for recall of the sequestration, excepting as hereinafter provided, shall be competent after the expiration of the said forty days, or after the advertisement for payment of the first dividend; provided that nine-tenths in number and value of the creditors ranked on the estate as herein directed may at any time apply for recall by petition to the Lord Ordinary, who shall order notice of his deliverance to be published in the Gazette, requiring all concerned to appear within fourteen days from the date of publication to show cause why
the sequestration should not be recalled, and on expiration of the said time he shall proceed to pronounce judgment.

32Proceedings not to be stayed.

32. Pending any petition for recall, and until the sequestration be finally recalled, the proceedings in the sequestration shall go on as if no such petition had been presented.
33Sisting of one party for another.

33. If a creditor who has petitioned for sequestration, or concurred in such petition, or who has petitioned for recall of a sequestration, or appeared to oppose a petition for sequestration or recall, or lodged an objection, shall withdraw, or become bankrupt, or die, any other creditor may be sisted in his place and follow out the proceedings; and, if the debtor shall die after the petition for sequestration is presented, the proceedings shall notwithstanding be followed out in terms of this Act, so far as circumstances will permit.
34Majority of creditors may resolve that estate be wound up.

34. At the meeting for the election of the trustee or at any subsequent meeting to be called for the purpose, a majority in number and three-fourths in value of the creditors present or represented at such meeting may resolve that the estate ought to be wound up under a deed of arrangement, and that an application should be presented to the Lord Ordinary or the sheriff to sist procedure in the sequestration for a period not exceeding two months, and on such resolution being carried it shall not be necessary to elect a trustee. The provisions of this Act relative to deeds of arrangement shall extend to and include settlements or arrangements by way of composition.
35Bankrupt to report resolution to the Lord Ordinary.

35. It shall be lawful for the bankrupt, or any person appointed by the meeting, to report such resolution to the Lord Ordinary or the sheriff, within four days of the date of such resolution, and to apply for a sist of the sequestration in terms thereof; and the Lord Ordinary or the sheriff may hear any party having interest, and, if he shall find that such resolution was duly carried, and that the application is reasonable, may grant the same.
36Lord Ordinary to make arrangement for interim management of estate.

36. In the event of such application being granted, the Lord Ordinary or the sheriff may, on the application of any creditor, make such arrangement for the interim management of the estate as he shall think reasonable, if any shall appear to be necessary.
37If sequestration be sisted, creditors may produce to the Lord Ordinary a deed of arrangement.

37. If the sequestration shall be sisted, the creditors may, at any time within the period of such sist, produce to the Lord Ordinary or the sheriff a deed of arrangement, subscribed by or by authority of a majority in number and three-fourths in value of the creditors of the bankrupt; and the Lord Ordinary or the sheriff may consider the same, and make such intimation thereof as he may think proper, and hear parties having interest, and make any inquiry he may think necessary; and, if he shall be satisfied that such deed of arrangement has been duly entered into and executed and is reasonable, he shall
approve thereof, and declare the sequestration at an end; and such deed shall thereafter be as binding on all the creditors as if they had all acceded thereto: Provided always that the sequestration shall receive full effect in so far as may be necessary for the purpose of preventing, challenging, or setting aside preferences over the estate.

38If resolution not reported the sequestration to proceed.

38. If such resolution shall not be duly reported, or if a sist be refused, or if such deed of arrangement shall not be duly produced, or if it shall not be approved of, the sequestration shall proceed, and the period of time subsequent to such resolution shall not be reckoned in calculating periods of time prescribed in this Act; and the Lord Ordinary or the sheriff may make all necessary orders, by appointing meetings of creditors and otherwise, for resuming the necessary procedure in the sequestration.
39If sequestration declared at an end, judgment to be recorded.

39. If the sequestration be declared at an end, the judgment declaring the same shall be recorded in the same manner as if the sequestration had been recalled as hereinbefore provided.
40Payment of expenses of petitioning or concurring creditor.

40. The petitioning or concurring creditor shall be entitled to payment by the trustee, when he shall be appointed, out of the first of the funds which shall come into his hands, of the expenses incurred by such creditor in obtaining the sequestration and doing the other acts hereby required prior to the election of the trustee, as the same shall be taxed.
41Commencement of sequestration.

41. In all questions under this Act or preceding Acts regarding sequestration of the estates of debtors, the sequestration shall be held to commence and take effect on and from the date of the first deliverance on any petition for sequestration, which shall be held to be the date of the sequestration, although the sequestration be not actually awarded until a later date.
42Clerks to sequestration.

42. In sequestrations awarded in the Court of Session and remitted to the sheriff the process of sequestration shall be held to be in the Bill Chamber of the Court of Session, and the clerks of the Bill Chamber shall be clerks to such sequestrations; andthe sheriff clerk of any county shall be clerk to the sequestrations awarded by the sheriff of that county; and no process of sequestration, either in the Court of Session or sheriff court, shall fall asleep; and, on a remit of a sequestration awarded in the Court of Session being made to the sheriff, a copy of the petition for sequestration and of the first deliverance, and also (where it is different) of the deliverance awarding sequestration, certified by one of the clerks of the Bill Chamber, shall, with the productions, be transmitted by the petitioner to the sheriff clerk of the county to the sheriff of which the sequestration is remitted; and in all sequestrations the sheriff clerk and messengers-at-arms and officers of the sheriff court shall have power to act in their respective offices under this Act.
43Recall of sequestration on special grounds.

43. If, in any case where sequestration has been or shall be awarded in Scotland, it shall appear to the Court of Session or to the Lord Ordinary, upon a summary petition by the accountant or any creditor or other person having interest presented to either division of the said court or to the Lord Ordinary at any time within three months after the date of the sequestration that a majority of the creditors in number and value reside in England or in Ireland, and that from the situation of the property of the bankrupt or other causes his estate and effects ought to be distributed among the creditors under the bankrupt or insolvent laws of England or Ireland, the said court in either division thereof or the Lord Ordinary, after such inquiry as to them shall seem fit, may recall the sequestration: Provided that any interlocutor of the Lord Ordinary to that effect shall be subject to review.
Registration of Sequestrations.
44Recording abbreviate of sequestration.

44. The party applying for sequestration shall present, before the expiration of the second lawful day after the first deliverance if given by the Lord Ordinary, or present or transmit by post before the expiration of the second lawful day after the said deliverance if given by the sheriff, an abbreviate of the petition and deliverance, signed by him or his agent, in the form of Schedule (A. No. 1) hereunto annexed, to the keeper of the registers of inhibitions and adjudications at Edinburgh, who shall forthwith record the said abbreviate in the said registers, and write and subscribe a certificate thereof on the said abbreviate in the form also specified in the said Schedule (A. No. 2), and shall, on the request of the party transmitting such abbreviate, and on payment by him of the fees of such registration, and of the postage, re-transmit the said abbreviate by post to the said party; and the abbreviate so recorded shall from the date of the said deliverance have the effect of an inhibition and of a citation in an adjudication of the estate of the debtor at the instance of the creditors afterwards ranked on the estate; and it shall not be competent to stop such effect, or the effect of the sequestration after it is awarded, by paying the debt or debts in respect of which it was applied for or awarded: Provided that such effect shall expire on the lapse of a period of five years from the date of the abbreviate being so recorded, but that it shall be competent and unless the trustee has been discharged he is hereby required before the lapse of such period to record a memorandum in the form of the said Schedule (A. No. 4), which memorandum when so recorded shall have the same effect as the recorded abbreviate and shall expire in like manner; and that it shall be competent and unless the trustee has been discharged he is hereby required to record a memorandum as aforesaid before the lapse of every subsequent period of five years with the like effect and expiring in the like manner, and, if the said abbreviate or memorandum be not so recorded, it shall have no effect as an inhibition or citation as aforesaid.
The party applying for sequestration shall, within four days from the date of the deliverance awarding the sequestration (if awarded in the Court of Session), or, if it is awarded by the sheriff, within four days after a copy of the said deliverance could be received in course of post in Edinburgh, insert a notice in the form of Schedule (B.) hereunto annexed in the Gazette, and also one notice in the same terms within six days from the said date in the London Gazette.

Ranking of Claims.
45Creditor claiming must produce oath.

45. To entitle a creditor to vote or draw a dividend, he shall be bound to produce at the meeting, or in the hands of the trustee, an oath to the effect and taken in manner herein before appointed in the case of creditors petitioning for sequestration, and the account and vouchers necessary to prove the debt referred to in such oaths.
46Oath in cases where accounts and vouchers are not in creditor's possession.

46. If the creditor be not in possession of such accounts and vouchers previously to the period hereinafter assigned for lodging claims with a view to a share in any dividend, he shall state, in his oath, the cause of the said accounts and vouchers not being produced, and in whose hands, to the best of his knowledge, the same are; which oath shall entitle him to have a dividend set apart till a reasonable time be afforded for production thereof, or for otherwise establishing his debt according to law; but he shall not be entitled to act or vote till such production be made, or the debt established as aforesaid; and the trustee shall, on production of the oaths and grounds of debt, mark the same with his initials, and make an entry thereof in the sederunt book, and of the date when the same were produced, and, if required, he shall return to the creditor the grounds of debt.
47Provision for correction of oath.

47. When it shall appear to the sheriff or to the trustee that the oath or claim of any person produced with a view to voting or ranking, and drawing a dividend on the sequestration, is not framed in the manner required by this Act, the sheriff or trustee, as the case may be, shall call upon such person, or his agent or mandatory, to rectify his oath and claim, pointing out to him wherein it is defective; and, unless such person or his agent or mandatory shall thereupon make such alteration upon his oath and claim as may be necessary in order to rectify the same, the sheriff or trustee, as the case may be, shall disallow or reject such oath and claim: Provided always that, when the failure to comply with the provisions of this Act shall appear to have been made for some improper or fraudulent purposes, or where injury can be qualified by the other creditors or any of them in respect thereof, it shall not be incumbent upon the sheriff or trustee to give such person an opportunity to rectify his oath and claim as aforesaid.
48Creditors may vote and rank for principal and interest to date of sequestration only.

48. A creditor who has a claim or a debt due shall be entitled to vote and rank for the accumulated sum of principal and interest to the date of the sequestration, but not for any interest accruing after the date of the sequestration, and if the debt is not payable till after the date of the sequestration, he shall be entitled to vote and rank for it only after deduction of the interest from that date, and he shall also be liable to deduction of any discount beyond legal interest to which his claim is liable by the usage of trade applicable to it, or by the contract or course of dealing between the creditor and the bankrupt, but he shall not be bound to specify separately in his oath or claim for his debt the amount of any interest due thereon or of any interest or discount deducted therefrom, or to specify therein any accumulated sum of principal and interest, and, if there be any residue of the estate after discharging the debts ranked, he shall be entitled to claim out of such residue the full amount of the interest on his debt in terms of law.
49Valuation of claim depending on a contingency.

49. When the claim of a creditor depends upon a contingency which is unascertained at the date of lodging his claim, he shall not be entitled to vote nor to draw a dividend in respect of such contingent debt, but he may apply to the sheriff, if the trustee has not been elected, or, if elected, to the trustee, to put a value on such debt, and the sheriff or trustee (as the case may be) shall put a value thereon as at the date of such valuation; and on such value being fixed such creditor shall be entitled to vote and draw dividends in respect of such value, and no more: Provided that, if such contingency have taken place before the debt hag been valued, such creditor may vote and draw dividends in respect of the amount of the debt, but the same shall not disturb any former dividends allotted to other creditors; and, when such application is made to the sheriff, notice thereof shall be given to the bankrupt and petitioning or concurring creditor; and the judgment of the sheriff or trustee shall be subject to review, and any creditor who has claimed on the estate may appeal, or appear and be heard on any appeal.
50Valuation of claim on annuity.

50. No creditor in respect of all annuity granted by the bankrupt shall be entitled to vote and draw a dividend until such annuity shall be valued, but he may, if the trustee has not, been elected, apply to the sheriff, or, if elected, to the trustee, to put a value on such annuity; and the sheriff or trustee, as the case may be, shall put a value on the annuity, regard being had to the original price given for the annuity, deducting therefrom such diminution in the value of the annuity as shall have been caused by the lapse of time since the grant thereof to the date of the sequestration; and such creditor shall be entitled to vote and draw dividends in respect of such value, and no more: Provided always that, when such application is made to the sheriff, notice thereof shall be given to the bankrupt and the petitioning or concurring creditor; and the judgment of the sheriff or trustee shall be subject to review, and any creditor
who has claimed on the estate may appeal, or appear and be heard on any appeal.

51Creditor not to sue cautioner after the date of sequestration.

51. When any person is bound as cautioner for payment of such annuity, it shall not be lawful for the creditor therein to sue or charge such cautioner after the date of the sequestration, except for the value fixed as aforesaid, and the arrears of annuity and interest thereon; and, on such cautioner making payment of such value and arrears to the creditor and the lawful interest thereon, he shall be discharged of all liability for such annuity, and he may thereupon enter a claim in the sequestration for the sum so paid, and vote and draw dividends thereon; provided that, if such cautioner shall not pay the sum so fixed and arrears and interest as aforesaid, before any payment of the annuity subsequent to the fixing thereof becomes due, he shall be bound to make payment of the said annuity, and all subsequent annuities, until he shall make payment of the sum so fixed, arrears of annuity and interest as aforesaid, deducting always such dividends as the creditor shall have received before full payment as aforesaid.
52Obligant not freed from liability for debt, in respect of any vote given or dividend drawn by the creditor.

52. When a creditor has an obligant bound to him along with the bankrupt for the whole or part of the debt, such obligant shall not be freed from his liability for such debt in respect of any vote given or dividend drawn by the creditor, or of his assenting to the discharge of the bankrupt, or to any composition or deed of arrangement; but such obligant may require and obtain, at his own expense, from such creditor, an assignation to the debt, on payment of the amount thereof, and in virtue thereof enter a claim on the said estate, and vote and draw dividends, if otherwise legally entitled to do so.
53Liability of creditors for expenses.

53. No person shall, by merely lodging an oath and claim, or being ranked or receiving payment of a dividend, or appearing or voting at a meeting in a sequestration as a creditor, be liable for any claim by the agent or other person employed by the trustee for money advanced, or expense incurred, or remuneration in relation to the affairs of the estate, reserving to the agent or other person so employed right to payment out of the estate and from the trustee by whom he may have been employed, in so far as the same may be competent to him; and no trustee shall have relief in respect of such payment against such creditor, reserving to such trustee relief against the estate, and against those creditors or others who may on other grounds be liable in relief.
54Oaths not to supersede other evidence.

54. In no case shall oaths of verity or credulity supersede production of legal evidence, when required, in any discussion before the Court of Session, the Lord Ordinary, the sheriff, or the trustee.
2.
55Valuation of securities for voting.

55. If a creditor hold a security for his debt over any part of the estate of the bankrupt, he shall, before voting, make an
oath, in which he shall put a specified value on such security, and, deduct such value from his debt, and specify the balance, and, if the estate over which the security extends be sold, he shall specify in his oath the free proceeds which he has received or shall be entitled to receive therefrom, and specify the balance due after deduction thereof, and he shall be entitled in any case to vote in respect of the balance, and no more, without prejudice to the amount of his debt in other respects; and in questions as to the disposal or management of the estate subject to his security he shall be entitled to vote as a creditor for the full amount of his debt, without making any such deduction: Provided that, if a creditor hold more than one such security, he shall value each separately.

56Valuation of obligations of co-obligants with bankrupt.

56. When a creditor has an obligant bound with but liable in relief to the bankrupt, or holds any security from an obligant liable in relief to the bankrupt, or any security from which the bankrupt has a right of relief, such creditor shall, before voting, make an oath, in which he shall put a specified value on the obligation of such obligant, and on such security to the extent to which the bankrupt is entitled to relief, and he shall deduct such value from his debt, and specify the balance, and he shall be entitled to vote in respect of such balance, and no more, without prejudice to the amount of his debt in other respects: Provided that, when a creditor has more than one such obligant, or holds more than one such security, he shall put a specified value on the obligation of each such obligant and on each such security.
57Valuation of claims against a company and partners.

57. A creditor on the estate of a company shall not be bound, for the purpose of voting on the company's estate, to deduct from his claim the value which he may be entitled to draw from the estates of the partners; but, if he claim on the estate of a partner, he shall, before voting, in his oath put a specified value on his claim against the estate of the company, and also against the other partners thereof, in so far as they are liable to relieve such partner, and deduct such value from his debt, and specify the balance, and he shall be entitled to vote as a creditor for the said balance, and no more, without prejudice to the amount of his debt in other respects.
58Trustee may require a conveyance of security by creditor on 20 per cent. addition to his own valuation.

58. It shall be competent to the trustee, with consent of the commissioners, within two months after an oath, specifying the value of a security or securities, or obligation or obligations, or claim in the several cases before mentioned, has been made use of in voting at any meeting or in assenting to or dissenting from the bankrupt's composition or discharge, and it shall also be competent to the majority of the creditors (excluding the creditor making such oath) assembled at any meeting, and during such meeting, to require from the creditor making such oath a conveyance or assignation in favour of the trustee of such security or securities, obligation or obligations, or claim, on payment of the specified value or values, with twenty per
centum in addition to such value or values; and the creditor shall be bound to grant such conveyance or assignation, at theexpenseof the estate: Provided that, where a creditor has put a value on such security or obligation or each of such securities or obligations, he may, at any time after the lapse of twenty-one days from the date on which the claim has been voted on and before he has been required to convey and assign as aforesaid, correct such valuation by a new oath, and deduct such new value from his debt.

59Mandatories for creditors may vote.

59. The mandatory of any person entitled to vote as a creditor may vote in the absence of such creditor, provided he exhibit a mandate; and the vote of such mandatory shall, within his mandate, be held as the vote of the creditor himself.
60Persons acquiring debts after sequestration not to vote.

60. Any person who shall acquire after the date of the sequestration, otherwise than by succession or marriage, a debt due by the bankrupt, and the wife of the bankrupt and any trustee for her shall not be entitled to vote in the election of trustee or commissioners, but in all other respects such person may be ranked as a creditor.
3.
61Valuation of securities with a view to a dividend.

61. To entitle any creditor who holds a security or securities over any part of the estate of the bankrupt to be ranked in order to draw a dividend, he shall on oath put a specified value on such security, or, if required by the trustee, on each such security, and deduct such value or values from his debt, and specify the balance; and the trustee, with consent of the commissioners, shall be entitled to a conveyance or assignation of such security or securities, at the expense of the estate, on payment of the value or values so specified out of the first of the common fund, or to reserve to such creditor the full benefit of such security or securities; and in either case the creditor shall be ranked for and receive a dividend on the said balance, and no more, without prejudice to the amount of his debt in other respects: Provided that, if a co-obligant with or cautioner for the bankrupt is liable to the creditor and holds a security over any part of the estate of the bankrupt, such co-obligant or cautioner shall account for the security to the trustee as if he had paid the debt to the creditor and thereafter ranked on the sequestrated estate under deduction of the value of such security.
62Value of claim against a company to be deducted from claim against partners.

62. When a creditor claims on the estate of the partner of a company in respect of a debt due by such company, the trustee on the estate of such partner shall, before ranking such creditor, put a valuation on the estate of the company, and deduct from the claim of such creditor such estimated value, and rank and pay to him a dividend only on the balance.
Election and Removal or Resignation of Trustee.
63Appointment of meeting to elect a trustee.

63. The Lord Ordinary or the sheriff, by the deliverance which awards the sequestration, shall appoint a meeting of the creditors, to be held at a specified hour on a specified day, being not earlier than six nor later than twelve days from the date of the appearance in the Gazette of the notice of the award of sequestration, at a convenient place within the county of the sheriff awarding sequestration, or to whom the sequestration is remitted, to elect a trustee or trustees in succession, and do the other acts hereinafter provided.
64Procedure of meeting for election of trustee.

64. Creditors or their mandatories, qualified as aforesaid, shall assemble at the time and place fixed for the election of trustee, with power to adjourn for such reasonable time as may seem fit, provided such adjournment do not postpone the meeting for the election of trustee beyond the limit of the period within which that meeting is by this Act appointed to be held; and if two or more creditors shall give notice to the sheriff of the county, such sheriff shall attend the meeting and adjourned meetings, and preside; and the sheriff clerk or his depute shall also attend, and mark the oaths and productions with his initials, and write the minutes in the presence of the meeting, and enter therein the names and designations of the creditors present, or of the mandatories of creditors, and the amount for which they claim, and any other circumstances which the presiding sheriff shall judge fit, which minutes the presiding sheriff shall sign; and the clerk shall retain the oaths of the several claimants, subject to the exhibition thereof in his hands, till the election shall be determined, when he shall deliver the same to the trustee; and when the sheriff is not present the creditors shall elect a preses and (if the sheriff clerk or a depute be not present) a clerk; and the preses shall mark the oaths and productions with his initials, and sign the minutes; and the clerk shall, in the presence of the meeting, write the minutes, and enter therein the names and designations of the creditors or mandatories, and the amount for which they claim, and any other circumstances relating to the said meeting which the preses shall judge fit, which minutes the preses shall sign; and the creditors or their mandatories who have produced their oaths and documents of debt, and who have been entered in the minutes, shall then and there elect a fit person to be trustee, or two or more trustees, to act in succession, in case of nonacceptance, death, resignation, removal, or disqualification, and, in the case of the sequestration of the estates of a company and of the partners, one trustee for all the estates, or separate trustees on the estates of the company and on the estates of all or each of the individual partners or trustees in succession as aforesaid; and it shall not be lawful to elect as trustee the bankrupt, or any person conjunct or confident with the bankrupt, or who hold an interest opposed to the general interest of the creditors,
or whose residence is not within the jurisdiction of the court of session.

65judgment of sheriff as to trustee.

65. If the sheriff be present at the election of trustee, and there be no competition for the office, or objection stated to the candidate or candidates, he shall, by a deliverance on the minutes, declare the person chosen by the creditors to be trustee, and, if there be competition or objections to the candidate or candidates, such objections to the votes or candidates shall be stated at the meeting, and the sheriff may either forthwith decide thereon, or make avizandum, and he shall, if necessary, make a short note of the objections and of the answers, on which he shall, within four days after the meeting, hear parties viv voce, and declare the person or persons trustee or trustees in succession whom he shall find to have been duly elected, and state the grounds of his decision in a note, and the same, as well as such short note, shall form part of the process.
66When sheriff not present.

66. When the preses has been elected by the creditors, such preses (whether there be any competition or objection or not) shall forthwith report the proceedings to the sheriff; and the oaths of the several claimants shall, if the sheriff clerk or his depute be present, remain in his possession, or, if he be not present, shall be transmitted to the sheriff clerk by the preses, to be retained by him till the trustee shall be finally appointed, when he shall deliver the same to the trustee; and, if there be no competition or objection, the sheriff shall declare the person or persons elected trustee or trustees in succession; and, if there be competition or objection, the parties shall, within four days from the date of the said meeting, lodge in the hands of the sheriff clerk short notes of objections, and the sheriff shall forthwith hear parties thereon viv voce, and give his decision, and state the grounds thereof in a note, which note, as well as such short notes, shall form part of the process.
67Judgment of sheriff as to trustee final.

67. The judgment of the sheriff declaring the person or persons elected to be trustee or trustees in succession, shall be given with the least possible delay; and such judgment shall be final, and in no case subject to review in any court or in any manner whatever.
68Expenses of competition for office of trustee.

68. No part of the expense of any competition for the office of trustee shall be paid out of the estate, but all such expense shall be paid by the unsuccessful to the successful party.
69Caution to be found by trustee.

69. The creditors shall, at the meeting for election of a trustee, fix a sum for which the trustee shall find security for his intromissions and performance of the duties and rules hereby enacted, and shall also decide on the sufficiency of the caution offered; and the person declared to be trustee shall, within seven days of the date of the deliverance declaring his election, lodge with the sheriff clerk a bond of caution, signed by the trustee and his cautioner, in the form of the Schedule C.
hereunto annexed, which bond shall be furnished to him by the sheriff clerk: Provided that nothing hereinbefore contained shall be held or construed to prevent the creditors accepting the bond of a guarantee society in lieu of the bond of caution aforesaid: Provided also that, where such bond is so accepted, the premium payable thereon shall form a charge on the sequestrated estate.

70Act and warrant in favour of trustee.

70. On the decision of the sheriff being given, declaring the person elected trustee, and on a bond by the trustee and his cautioner being duly lodged as aforesaid, the sheriff shall confirm his election as trustee, which confirmation shall be final, and not subject to review in any court or in any manner whatever; and the sheriff clerk shall issue an act and warrant in the form of Schedule D. hereunto annexed to the trustee, and shall, within three days thereafter, transmit a copy thereof to the accountant, who shall make an entry of the name and designation of the trustee in the register of sequestrations, and such act and warrant shall be an effectual title to the trustee to perform the duties hereby imposed on him, and shall be evidence of his right and title to the sequestrated estate, for the purposes of this Act; and a copy of such act and warrant infavour of the trustee, purporting to be certified by the sheriff clerk, and to be authenticated by one of the judges of the court of session, shall be received in all courts and places within England, Ireland, and His Majesty's other dominions as prim facie evidence of the title of the trustee, without proof of the authenticity of the signatures or of the official character of the persons signing, and shall entitle the trustee to recover any property belonging or debt due to the bankrupt, and to maintain actions, in the same way as the bankrupt might have done if his estate had not been sequestrated.
71Removal or resignation of trustee.

71. A majority in number and value of the creditors, present at any meeting duly called for the purpose, may remove the trustee, or accept of his resignation; and one fourth of the creditors in value may at any time apply by petition to the Lord Ordinary or to the sheriff for removal of the trustee, and the Lord Ordinary or the sheriff shall order such petition to be served on the trustee, and intimated in the Gazette; and, if the Lord Ordinary or the sheriff shall be satisfied that sufficient reason has been shown, he shall remove the trustee, and appoint a meeting of the creditors to be held for devolving the estate on the trustee next in succession, or electing a new trustee; and, ifthe trustee shall have been discharged, die, resign, or be removed, or remain at any one time for three months furth of Scotland, any commissioner, or any creditor ranked or claiming and entitled to be ranked on the estate, may apply to the Lord Ordinary or the sheriff for an order to hold a meeting for devolving the estate on the trustee next in succession, or electing a new trustee; and the Lord Ordinary or the sheriff shall grant warrant to hold such meeting at a certain time
and place, which shall be advertised in the Gazette by the commissioner or creditor so applying, and at the time and place so appointed the creditors at such meeting may devolve the estate on the trustee next in succession, or elect a new trustee; and, when the estate is devolved on such trustee, the creditors shall fix the amount for which he shall find security, and on a bond being lodged the sheriff shall confirm him, and an act and warrant shall be issued and recorded in the same way and to the same effect as in the first election of a trustee; and in all cases of a new election of a trustee the procedure shall take place in the like manner as is hereinbefore provided in the case of the first election; and the succeeding or new trustee shall be vested with the powers and perform the duties and be subject to the same rules as are hereinbefore provided, and shall call to account the former trustee, or his heirs or representatives.

Election and Removal of Commissioners.
72Election of commissioners.

72. At the meeting for election of a trustee the creditors present or their mandatories shall, after the election of the trustee, elect three commissioners (if there be so many creditors who have claimed), who shall be either creditors or mandatories of creditors, and the like proceedings shall take place in regard to their election as is provided in regard to the election of trustee (except that they shall not be bound to find security); and the sheriff shall decide who are the persons duly elected, and declare their election by a deliverance in the sederunt book, which decision shall be final, and shall entitle them to act without further confirmation, and a majority of them shall be a quorum: Provided that no person shall be eligible as a commissioner who is disqualified to be a trustee; and any mandatory who has been elected a commissioner shall lose that office, upon written intimation being sent by his constituent to the trustee that he has recalled the mandate, and the trustee shall immediately record the intimation in the sederunt book; and the trustee shall, in all cases where a commissioner has declined to act, died, resigned, or become incapacitated, call a meeting of creditors for the purpose of electing a new commissioner, and such commissioner shall be elected in manner hereinbefore provided.
73Removal of commissioners.

73. A majority of the creditors assembled at any meeting duly called for that purpose may remove a commissioner, and may elect another in his place, in manner before directed.
Allowance to Bankrupt.
74Allowance to bankrupt.

74. At the meeting for election of a trustee, or at the meeting held after the examination of the bankrupt, or at any meeting called for the purpose, four-fifths in value of the creditors present may authorise payment from time to time to
the bankrupt, or to the partners of a company (if the sequestration be of a company estate) of such sum out of the estate as they shall think proper for sustenance, until the period assigned for payment of the second dividend, but such allowance shall not exceed three pounds three shillings per week to the bankrupt, or to each individual partner of a company, from the date of sequestration to the period aforesaid, and no allowance shall be given if the bankrupt shall not have complied with the provisions of this Act: Provided always that, if it shall at any time be the opinion of a majority of the creditors present at a regular meeting that it is for the interest of the estate that a special allowance should be further made to the bankrupt, and if the accountant shall report in its favour, it shall be competent for the Lord Ordinary or the sheriff, on application by the trustee, with the said concurrence of creditors, and report by the accountant, to award such allowance, which shall then be payable out of the estate.

Duties of Trustee and Commissioners.
75Record of abbreviate of his confirmation.

75. The trustee, within ten days after his election is confirmed, shall present an abbreviate, signed by him or his agent, in the form of Schedule E. No. 1, hereunto annexed, to the keeper of the registers of inhibitions and adjudications, who shall forthwith record the same, and write and subscribe a certificate on the said abbreviate in the form specified in the said Schedule E. No. 2; and the like proceeding shall take place within ten days after the election of each new trustee shall be confirmed.
76Trustee to take possession of estate and books, and make up inventory.

76. The trustee shall, as soon as may be after his appointment, take possession of the bankrupt's estate and effects, and of his title deeds, books, bills, vouchers, and other papers and documents, and also make up an inventory of such estate and effects, and a valuation showing the estimated value and the annual revenue thereof, and shall forthwith transmit copies of such inventory and valuation to the accountant.
77Bankrupt to make up state of his affairs;

77. The bankrupt shall make up, and at the meeting appointed for the election of a trustee, deliver to the clerk of such meeting a state of his affairs, specifying his whole property, wherever situated, the property in expectancy or to which he may have an eventual right, the names and designations of his creditors and debtors, and the debts due by and to him, and a rental of his heritable property, which state and rental shall be subscribed by the bankrupt, and shall then be delivered to the trustee, and the same shall be engrossed in a sederunt book to be kept by the trustee; and the bankrupt shall at all times giveevery information and assistance necessary to enable the trustee to execute his duty; and, if the bankrupt fail to do so, or to grant any deed which may be requisite for the recovery or disposal of his estate, the trustee may apply to the sheriff to compel him to give such information and assistance, and to
grant such deeds, under the penalty of imprisonment and of forfeiture of the benefit of this Act, and, unless cause be shown to the contrary, the sheriff shall issue a warrant of imprisonment accordingly.

78Trustee to recover funds.

78. The trustee shall manage, realise, and recover the estate belonging to the bankrupt, wherever situated, and convert the same into money, according to the directions given by the creditors at any meeting, and, if no such directions are given, he shall do so with the advice of the commissioners: Provided that, in order to the realisation of the interest of the bankrupt in any non-vested, contingent right or interest which under this Act is vested in the trustee, it shall be competent for the trustee to effect an insurance or insurances on the life of the bankrupt, and with that object in view to require the bankrupt to submit himself to a medical examination or examinations, and, if the bankrupt fail to do so, the trustee may apply to the sheriff to compel him so to submit himself as provided in the immediately preceding section; and the trustee shall lodge all money which he shall receive in the course of such management, realisation, and recovery, in such bank as the majority of the creditors in number and value at any general meeting shall appoint, and failingsuch appointment in any joint stock bank of issue in Scotland (provided that the bank be not one in which the trustee shall be an acting partner, manager, agent, or cashier); and the money shall be lodged in the name of the trustee, in his official character under this Act; and such bank shall, once yearly at least, balance such account.
79Penalty on trustee retaining funds.

79. If the trustee shall keep in his hands any sum exceeding fifty pounds belonging to the estate for more than ten days, he shall pay interest to the creditors at the rate of twenty pounds per centum per annum on the excess of such sum above fifty pounds for such time as the same shall be in his hands beyond ten days; and, unless the money has been so kept from innocent causes, the trustee shall be dismissed from his office, upon petition to the Lord Ordinary or sheriff by any creditor, and have no claim to remuneration, and shall be liable in expenses.
80Trustee to keep a sederunt book, and send copy of accounts to accountant.

80. The trustee shall keep a sederunt book, in which he shall record all minutes of creditors and of commissioners, states of accounts, reports, and all the proceedings necessary to give a correct view of the management of the estate, and he shall also keep regular accounts of the affairs of the estate, and transmit to the accountant, before each of the periods herein assigned for payment of a dividend, a copy, certified by himself, of such accounts, in so far as not previously transmitted, and such copies shall be preserved in the office of the accountant; the trustees shall also transmit to the accountant copies of all circulars issued by him; the sederunt book and accounts shall be patent to the commissioners and to the creditors or their agents, at all times: Provided always that, when any document
is of a confidential nature (such as the opinion of counsel on any matter affecting the interest of the creditors on the estate), the trustee shall not be bound to insert it in the sederunt book, or to exhibit it to any other person than the commissioners or the accountant.

81Duties of commissioners.

81. The commissioners shall superintend the proceedings of the trustee, concur with him in submissions and transactions, give their advice and assistance relative to the management of the estate, decide as to paying or postponing payment of a dividend, and may assemble at any time to ascertain the situation of the bankrupt estate, and any one of them may make such report as he may think proper to a general meeting of the creditors.
82Judicial factor, trustee, and commissioners amenable to Lord Ordinary and sheriff.

82. The judicial factor, the trustee, and commissioners shall be amenable to the Lord Ordinary and to the sheriff, although resident beyond the territory of the sheriff, at the instance of any party interested, to account for their intromissions and management, by petition served on them; and, in case it shall appear that such application ought not to have been made, the party complained of shall be entitled to his full expenses, to be either retained out of the funds, or recovered from the party complaining, as the Lord Ordinary or the sheriff shall direct.
Examination of Bankrupt.
83Sheriff to name a day for bankrupt's examination.

83. The trustee shall, within eight days after the date of the act and warrant confirming him, apply to the sheriff to name a day for the public examination of the bankrupt, and the sheriff shall issue his warrant for the bankrupt to attend for such examination within the sheriff courthouse on a specified day and at a specified hour, being not sooner than seven days nor later than fourteen days from the date of the sheriff's warrant; and on the sheriff granting such warrant the trustee shall publish an advertisement, in terms of Schedule F hereunto annexed, in the Gazette, and send by post or otherwise special notice to every creditor who has lodged a claim, or who may be named in the bankrupt's state of affairs, intimating his name and designation, his election as trustee, the day, hour, and place fixed for the examination of the bankrupt, and also a specified day, being not sooner than seven days nor later than fourteen days after the day appointed for the examination of the bankrupt, and in the sequestration of the estates of a deceased debtor a meeting of creditors shall be called by the trustee by public advertisement and notice to each creditor, to be held not later than fourteen days after the date of such advertisement, and also the hour and place for holding a second meeting of the creditors, and shall also in the same notice intimate the period within which claims should be lodged.
84Sheriff may grant warrant to bring bankrupt for examination.

84. It shall be competent for the sheriff to grant a warrant to apprehend the bankrupt, and bring him before the sheriff for examination; and, if the bankrupt be imprisoned for a debt or other civil obligation within Scotland, the sheriff may grant warrant to magistrates and gaolers, on receiving a duplicate of such warrant, and an acknowledgment for the person of the bankrupt, to deliver him to the officer presenting the same and they shall do so accordingly; which warrant shall be sufficient authority, either within or beyond the territory of the sheriff in Scotland, to messengers-at-arms, and to the officers of the sheriff, to apprehend, transmit, detain, and imprison, and to gaolers to deliver up, receive, and detain, the bankrupt, until his examination is concluded, and also for his re-transmission after examination to the gaol from which he was delivered up, and re-imprisonment therein; and, if the bankrupt cannot be brought from gaol, or cannot be examined by the sheriff there, or is by a lawful cause prevented from attending at the time and place appointed, or is in custody on a criminal charge, or is abroad, the sheriff may grant commission to take the examination; and the sheriff or commissioner may, if he see cause, adjourn the examination of the bankrupt to an early day, to be then fixed; and the sheriff may, on the application of the trustee, order the bankrupt to be examined as often as he shall see fit.
85Apprehension and transmission of the bankrupt when out of Scotland.

85. If the bankrupt be in any part of Great Britain and Ireland other than Scotland, the Lord Ordinary may, on petition by the trustee, grant warrant to all judges, magistrates, justices of the peace, and officers of the law, to apprehend and transmit him to the place of his examination, and to enforce the same, which they are hereby required to do; and, if the bankrupt be in prison or in custody, the Lord Ordinary may grant warrant as aforesaid to magistrates and gaolers, upon receiving a duplicate of such warrant and an acknowledgment for the person of the bankrupt, to deliver him to the messenger or officer presenting such warrant, which they shall do accordingly; and such warrant shall be sufficient authority for the apprehension, transmission, detention, and imprisonment of the bankrupt (when necessary for his safe custody), and for his re-transmission after examination to and re-imprisonment in the prison or custody from which he was delivered up.
86Examination of bankrupt's wife and others.

86. The sheriff may, at any time, on the application of the trustee, order an examination of the bankrupt's wife and family, clerks, servants, factors, law agents, and others, who can give information relative to his estate, on oath, and issue his warrant requiring such persons to appear; and, if they refuse or neglect to appear, when duly summoned, the sheriff may issue another warrant to apprehend the person so failing to appear: Provided that, when such person is not the bankrupt, nor his wife, nor one of his family, nor his clerk or servant, no warrant for apprehension shall be issued until the expiration of eight days from the
service of the first warrant, unless the trustee shall, on oath, specify a reasonable cause of belief that such person intends to leave the country to avoid the examination, in which case the sheriff may forthwith issue such warrant; which several warrants shall be sufficient to authorise messengers-at-arms, or the officers of the sheriff, to execute the same, either within or without the territory of the sheriff in Scotland as aforesaid; and, if any person liable to be examined cannot attend, the sheriff may grant commission to take his examination; and such examination, whether by the sheriff or by a commissioner, may be adjourned, if it shall seem fit, to an early date, to be then fixed: Provided that persons, other than the bankrupt, summoned to attend for examination shall be entitled to such allowances as witnesses are in other cases entitled to, and the amount of which, if disputed, shall be fixed by the sheriff.

87Bankrupt and others must answer lawful questions, and produce documents.

87. The bankrupt and such other persons shall answer all lawful questions relating to the affairs of the bankrupt; and the sheriff may order such persons to produce for inspection any books of account, papers, deeds, writings, or other documents in their custody relative to the bankrupt's affairs, and cause the same, or copies thereof, to be delivered to the trustee.
88Mode of examination.

88. The examination of the bankrupt, and of such other persons, shall be taken upon oath, and shall, except in the cases already specified, wherein a commission is allowed to be granted, take place before the sheriff; and such examination shall be taken down in the manner prescribed by the Sheriff Courts (Scotland) Act, 1907, and Rule 65 of the First Schedule to that Act shall apply accordingly; provided that the examination of the bankrupt shall in every case be authenticated in the ordinary way as a regular deposition, but that the examination of such other persons shall only be so authenticated if, in the opinion of the sheriff, such authentication is necessary: Provided also that, if the trustee shall make application to that effect, the examination of the bankrupt and such other persons shall take place in open court.
89Penalty on refusal to answer, &c.

89. If the bankrupt or any of such other persons shall refuse to be sworn, or to answer, to the satisfaction of the sheriff, any lawful question put to him by the sheriff or trustee, or by any creditor with the sanction of the sheriff, or without lawful cause shall refuse to sign his examination, or to produce books, deeds, or other documents in his custody or power relating to the estate, the sheriff may grant warrant to commit him to prison, there to remain until he comply with the order, which warrant shall specify the question and answer, book, deed, document, or the refusal to swear or to sign the examination; and such warrant shall not be subject to the review of the Court of Session, but the bankrupt or person imprisoned may apply by written petition (without argument) to the Lord Ordinary for a recall of the warrant, and the Lord Ordinary shall order the
petition to be served on the trustee or the creditor and shall thereafter hear parties viv voce, and pronounce judgment.

90Penalty on latent partner of bankrupt company not coming forward.

90. If any latent partner of a company whose estates have been sequestrated shall not, by intimation to the trustee, acknowledge that he is a partner, on or before the day appointed for the examination of the known partners, he shall not be entitled to the benefits or privileges of this Act, unless in an application for the same he shall satisfy the Lord Ordinary or the sheriff that the omission proceeded from innocent mistake, or ignorance of the proceedings, or reasonable misconception as to his liability as a partner, and unless he shall then follow out all necessary steps for remedying as far as possible the loss and inconvenience thence arising.
91Bankrupt may correct his state, and then must take oath inserted in this Act.

91. The bankrupt, before the close of his examination, may make such additions to or alterations upon the state of his affairs as may have occurred to him to be necessary to give a full view of his affairs, which state, with the additions and alterations, shall be subscribed by the sheriff and the bankrupt; and the bankrupt shall then take the following oath, which shall be engrossed in the sederunt book, and subscribed as aforesaid, as relative to such state; and when the bankrupt is a partner with others, and examined respecting the affairs of the partnership, the words of the oath shall so far be varied as to make it applicable to the case:
“I.do , in the presence of Almighty God, and as I shall answer to God at the great Day of Judgment, solemnly swear, that the state of my affairs subscribed by me as relative hereto contains a full and true account, to the best of my knowledge and belief, of all the debts, of whatever nature, due to me, and of all my estate and effects, heritable and moveable, real and personal, wherever situated (the necessary wearing apparel of myself, my wife, and family, only excepted), as well as of all claims which I am entitled to make against any person or persons whatsoever, and of all estate in expectancy, or means, of whatever kind, to which I have an eventual right by contract of marriage, trust deed, settlement, deed of entail, or otherwise; and that the said state likewise contains a full and true account of all debts due by me or demands upon me; and that I have delivered up the whole books, documents, accounts, title deeds, and papers of every kind belonging to me which in any way relate to my affairs, and which were or are in my possession or under my power; and that I have made a full disclosure of every particular relating to my affairs: And, further, I promise and swear, that I will forthwith reveal all and every other circumstance or particular relative to my affairs which may hereafter come to my knowledge, and which may tend to increase or diminish the estate in which my creditors may be interested, directly or indirectly.”

Powers of Second and Subsequent Meetings of Creditors.
92Report by trustee after bankrupt's examination.

92. Prior to the meeting of creditors after the examination of the bankrupt, or, in the case of a deceased debtor, prior to the first meeting after the election of the trustee, the trustee shall prepare a report setting forth the state of the bankrupt's affairs, and an estimate of what the estate may produce, which report he shall exhibit at the meeting of creditors, and give all explanations relative thereto; and the creditors assembled atsuch meeting may receive an offer of composition, as hereinafter provided, and may, either at this or any other meeting, give directions for the recovery, management, and disposal of the estate; and, when any part of the estate consists of land or other heritable property, it shall be optional to the creditors to determine whether the trustee is to bring such property to judicial sale, or to dispose thereof by voluntary public sale, or by private sale, as hereinafter provided.
Calling of and Procedure at Meetings.
93When meetings to be called.

93. The trustee, or any commissioner with notice to the trustee, may at any time call a meeting of the creditors, and the trustee shall call such meeting, when required by one-fourth in value of the creditors ranked on the estate, or by the accountant.
94Notice of meetings.

94. Notice of the day, hour, place, and purpose of all meetings of creditors under this Act shall be advertised in the Gazette seven days at least before the day of the meeting, and such meeting may be adjourned to the following day.
95No notice to be sent in certain cases.

95. It shall not in any cage be necessary to send any notification of the day or place of meetings by post to any creditor whose debt shall be under twenty pounds, unless such creditor shall have given directions in writing that such notification shall be sent; and no notification shall be sent to any creditor who has directed that none shall be sent.
96Rules as to computing majorities.

96. All questions at any meeting of creditors shall be determined by the majority in value of those present and entitled to vote, unless in the cases herein otherwise provided for; and when, for the purpose of voting, assenting or dissenting, the creditors are required to be counted in number, no creditor whose debt is under twenty pounds shall be reckoned in number, but his debt shall be computed in value.
Extent of Trustee's Right.
97Vesting of estate in trustee.

97. The act and warrant of confirmation in favour of the trustee shall ipso jure transfer to and vest in him or any succeeding trustee, for behoof of the creditors, absolutely and irredeemably, as at the date of the sequestration, with all right, title, and interest, the whole property of the debtor, to the effect following:—
(1) The moveable estate and effects of the bankrupt, wherever situated, so far as attachable for debt, or capable of voluntary alienation by the bankrupt, to the same effect as if actual delivery or possession had been obtained, or intimation made at that date, subject always to such preferable securities as existed at the date of the sequestration, and are not null or reducible:

(2) The whole heritable estate belonging to the bankrupt in Scotland, to the same effect as if a decree of adjudication in implement of sale, as well as a decree of adjudication for payment and in security of debt, subject to no legal reversion, had been pronounced in favour of the trustee, and recorded at the date of the sequestration, and as if a poinding of the ground had then been executed, subject always to such preferable securities as existed at the date of the sequestration, and are not null and reducible, and the creditors' right to poind the ground, as hereinafter provided; and the right of the trustee shall not be challengeable on the ground of any prior inhibition (saving the effect which such inhibition may be entitled to in the ranking of the creditors): Provided always that such transfer and vesting of the heritable estate shall have no effect upon the rights of the superior, nor upon any question of succession between the heir and executor of any creditor claiming on the sequestrated estate, nor upon the rights of the creditors of the ancestor (except that the act and warrant of confirmation shall operate in their favour as complete diligence); and, if any part of the bankrupt's estate be held under an entail or by a title otherwise limited, the right vested in the trustee shall be effectual only to the extent of the interest in the estate which the bankrupt might legally convey, or the creditors attach:

(3) All real estate situated in England, Ireland, or in any of His Majesty's dominions, belonging to the bankrupt, and all interest in or regarding such real estate, which the bankrupt held, or to which be was entitled, to the same extent as would have happened if the bankrupt had been adjudicated bankrupt in England or Ireland, or in any of His Majesty's dominions respectively: Provided always that as regards all freehold, copyhold, and leasehold estate in England, Ireland, or any of His Majesty's dominions (except Scotland), the Act and warrant of confirmation shall be registered in the chief court of bankruptcy for the country in which the property is situated, in the like manner as an adjudication of bankruptcy or other similar process ought to be registered according to the law of that country, either in a separate book, or in the general book, as the court of bankruptcy shall order, to the intent that all persons concerned may have the same means of ascertaining whether any person has been adjudged a bankrupt according to the law of Scotland as they have or shall have of ascertaining whether any person has been adjudged a bankrupt according to the law for the time being of the country in which the property is situated; and no purchaser for valuable consideration of any freehold, copyhold, or leasehold estate (except in Scotland) shall be affected by any such bankruptcy until the act and warrant of confirmation shall have been so registered as aforesaid: Provided also that, where, according to the laws of England, Ireland, or other His Majesty's dominions, any deed or conveyance would require registration, enrolment, or recording, the act and warrant of confirmation shall be so registered, enrolled, or recorded according to the laws of England, Ireland, or other His Majesty's dominions; and, if any purchase is made by any person for valuable consideration, and without notice of the sequestration, prior to the registration, enrolment, or recording of the said act and warrant of confirmation, such purchase shall not be invalidated by the existence of such act and warrant, or the subsequent registration, enrolment, or recording thereof:

(4) Any non-vested contingent right of succession or interest in property conceived in favour of the bankrupt under the will or settlement of any person deceased, or under marriage contract, or under any other deed, instrument, or writing of an irrevocable nature, to the same effect as if all assignation of such right or interest had been executed by the bankrupt and intimation thereof made at the date of the sequestration, subject always to such preferable securities as existed at that date and are not null or reducible.

98Acquisition of bankrupt after the sequestration to belong to the creditors. Alimentary provisions.

(1) If any estate, wherever situated, shall, after the date of the sequestration, and before the bankrupt has obtained his discharge, be acquired by him, or descend or revert or come to him, the same shall ipso jure fall under the sequestration, and the full right and interest accruing thereon to the bankrupt shall be held as transferred to and vested in the trustee, as at the date of the acquisition thereof or succession, for the purposes of this Act; and the trustee shall, on coming to the knowledge of the fact, present a petition setting forth the circumstance to the Lord Ordinary or the sheriff, who shall appoint intimation, to be made in the Gazette, and require all concerned to appear within a certain time for their interest; and after the expiration of such time, and no cause being shown to the contrary, the Lord Ordinary or the sheriff shall declare all right and interest in such estate which belongs to the bankrupt to be vested in the trustee, as at the date of the acquisition thereof or succession thereto, to the same effect as is hereinbefore enacted in regard to the other estates; and the proceeds thereof, when sold, shall be divided in terms of this Act; and, if the bankrupt do not immediately notify to the trustee that such estate has been acquired, or has come to him as aforesaid, he shall forfeit all the benefits of this Act, and it shall be competent to the trustee to examine him as aforesaid in relation thereto: Provided always that the rights of the creditors of the person from whom such estate shall come or descend to the bankrupt shall be reserved entire.

(2) Where the bankrupt is in right of an alimentary provision, it shall be competent to the Lord Ordinary, or the sheriff, upon a petition by the trustee, to determine whether the amount of such provision is in excess of a suitable aliment to the bankrupt, in view of his existing circumstances, and, if he shall determine that it is, to fix the amount of the excess, and to order the same to be paid to the trustee as part of the property of the bankrupt falling under the sequestration: Provided that it shall be competent to the Lord Ordinary or the sheriff, respectively, at any time thereafter, on the application of the trustee or of the bankrupt, to reconsider and to alter such order as he may deem fitting in the event of any change of circumstances which may make such alteration proper.

99Subjects improperly included in sequestration may be struck out.

99. Any person claiming right to any estate included in the sequestration may present a petition to the Lord Ordinary, or to the sheriff, praying to have such estate taken out of the sequestration, and the Lord Ordinary, or the sheriff, shall order the trustee to answer within a certain time, and on expiration of such time he shall proceed to dispose of the application.
100Trustee may complete feudal titles or grant such rights as bankrupt could do.

100. The bankrupt shall, if required, grant all deeds necessary for recovering his property and feudally vesting his heritable estate in the trustee for the purposes of this Act; and, if the bankrupt's title to any estate has not been completed, the trustee may complete titles in his own person, whom failing, in favour of any trustee who may succeed him, for behoof of the creditors, or in the person of the bankrupt: Provided that such completion of title in the person of the bankrupt shall not have the effect of validating accretione unperfected rights in favour of any person other than the trustee in any such estate flowing from the bankrupt, and the trustee may, without making up a feudal title in his person, and without concurrence of the bankrupt, grant such conveyances of the heritable estate belonging to the bankrupt as the bankrupt might competently have granted, which conveyances shall be as effectual to the purchaser as if they had been granted by the bankrupt with concurrence of the trustee, and shall not be affected by any
inhibition against the bankrupt, reserving the effect of such inhibition in the ranking.

101Trustee may get property transferred to him, although the heir of the bankrupt has made up titles.

101. When sequestration is awarded against the estate of a person after his death, and his successor has made up a title to his heritable estate, the trustee may apply by petition to the Lord Ordinary or the sheriff, praying that such estate shall be transferred to and vested in him, and the Lord Ordinary or the sheriff shall order the petition to be served upon such successor, and require him to answer the same within fourteen days; and an abbreviate of such petition and deliverance, in terms of the Schedule A. No. 3 hereunto annexed, being recorded in the registers of inhibitions and adjudications, shall have the effect of an inhibition and of a citation in an adjudication of the estate, and the keeper of the registers shall write on the said abbreviate a certificate in terms of the said Schedule A. No. 2; and, if on expiration of that period no cause is shown to the contrary, the Lord Ordinary or the sheriff shall declare such estate to be transferred to and vested in the trustee, as at the date of the sequestration, to the same effect as is hereinbefore provided in regard to the act and warrant of confirmation; and the trusteeshall, within eight days thereafter, cause an abbreviate of such petition and deliverance to be recorded in the registers of inhibitions and adjudications, in terms of the Schedule E. No. 3 hereunto annexed, and the keeper of the said register shall write on such abbreviate a certificate in terms of the said Schedule E. No. 2.
102Trustees' powers in relation to copyright.

102. Where the property of a bankrupt comprises the copyright in any work or any interest in such copyright, and he is liable to pay to the author of the work royalties or a share of the profits in respect thereof, the trustee shall not be entitled to sell, or authorise the sale of any copies of the work, or to perform or authorise the performance of the work, except on the terms of paying to the author such sums by way of royalty or share of the profits as would have been payable by the bankrupt, nor shall he without the consent of the author or of the court be entitled to assign the right, or transfer the interest, or to grant any interest in the right by licence, except upon terms which will secure to the author payments by way of royalty or share of profits at a rate not less than that which the bankrupt was liable to pay.
Effect of Sequestration on ranking of Creditors.
103Sequestration equivalent to an adjudication in competition.

103. The sequestration shall, as at the date thereof, be equivalent to a decree of adjudication of the heritable estates of the bankrupt for payment of the whole debts of the bankrupt, principal and interest, accumulated at the said date, and, when the sequestration is dated within year and day of any effectual adjudication, the estate shall be disposed of under the sequestration according to the provisions of this Act: Provided that
nothing herein contained shall affect the rights of any heritable creditor holding a power of sale preferable to the powers of the trustee.

104And to arrestment and poinding. Diligence on or after six-tieth day before sequestration, or after it, ineffectual. Expenses of diligence.

104. The sequestration shall, at the date thereof, be equivalent to an arrestment in execution and decree of forthcoming, and to an executed or completed poinding; and no arrestment or poinding executed of the funds or effects of the bankrupt on or after the sixtieth day prior to the sequestration shall be effectual; and such funds or effects, or the proceeds of such effects, if sold, shall be made forthcoming to the trustee: Provided that any arrester or poinder before the date of the sequestration who shall be thus deprived of the benefit of his diligence shall have preference out of such funds or effects for the expense bon fide incurred by him in procuring the warrant for and executing such diligence.
105Interruption of prescription.

105. The presenting of or concurring in a petition for sequestration or the lodging a claim in the hands of the trustee, or the sheriff, or preses at any meeting of creditor, shall interrupt prescription of the debt of the creditor so petitioning, concurring, or claiming, and in regard to such debt shall bar the effect of any statute of limitations in England or Ireland, or other His Majesty's dominions, and although this sequestration shall be recalled, such interruption or bar shall, notwithstanding, be effectual.
106Preferences in case of a deceased debtor.

106. When the sequestration of the estates of a deceased debtor is dated within seven months after his death, any preference or security for any prior debt acquired by legal diligence on or after the sixtieth day before his death, or subsequent to his death, and any preference or security acquired for a prior debt by any act or deed of the debtor which has not been lawfully completed for a period of more than sixty days before his death, and any confirmation as executor-creditor after the debtor's death, shall, in these several cases, be of no effect in competition with the trustee; and the estates and effects over which such preferences or securities shall have been obtained, or of which confirmation shall have been expede, shall belong to the trustee: Provided that the creditor who is so deprived of the benefit of his diligence or confirmation shall have preference for payment out of the said estates or effects of the expenses bon fide incurred by him in such diligence or confirmation.
107Acts and payments by bankrupt after sequestration null, except in certain cases.

107. All payments and preferences or securities obtained by or granted to prior creditors, and all acts done or deeds granted by the bankrupt after the date of the sequestration and before his discharge out of or in relation to the estate (unless with the consent of the trustee), shall, in the event of sequestration being awarded, be null and void; and the trustee shall be entitled to such preference or security, and to any money so paid, deducting any expense bon fide incurred; but if a bon fide purchaser is in possession of moveable effects received from the bankrupt
after sequestration, but in ignorance thereof, and when ignorant thereof for a price paid, or which he is ready to pay, he shall not be obliged to restore the effects; and if a debtor, in ignorance of the sequestration, have paid his debt bon fide to the bankrupt, he shall not be obliged to pay it a second time to the trustee; and if the possessor of any bill or promissory note, which is payable by the bankrupt, with recourse on other parties, or of a security for a debt due by the bankrupt, shall have received payment of his debt from the bankrupt in ignorance of the sequestration, and given up such bill, promissory note, or security to the bankrupt, such person shall not be liable to repay to the trustee the amount so received, unless the trustee shall replace him in the situation in which he stood, or reimburse him for any loss or damage.

Realisation of Heritable Estate.
108Sale of heritable estate by creditor.

108. A creditor holding a security over the heritable estate of the bankrupt, preferable to the right of the trustee, with a power to sell, may sell, in terms of his security, notwithstanding the sequestration, and it shall be competent to the trustee to concur therein in order to fortify the title; and the trustee or any posterior heritable creditor preferable to him may, by petition to the Lord Ordinary or to the sheriff, compel the said creditor and the purchaser to account for any reversion of the price.
109Sale by trustee with concurrence of heritable creditors.

109. If a creditor holding an heritable security, with a power to sell, concur with the trustee in bringing the estate to sale, the trustee shall sell the same in his own name, and the articles of roup and conveyance to the purchaser shall be executed by the trustee, with consent of such creditor and the commissioners; and the price shall be paid by the purchaser tothe parties legally entitled thereto, and, in so far as not paid at the time of the delivery of the conveyance, it shall be consigned in the bank in which the money of the sequestrated estate is deposited; which payment or consignation of the price shall free and discharge the estate sold and the purchaser from the security of the consenting creditor, whether the debt in such security be satisfied or not, and from all securities postponed to the security of such creditor.
110Sale by trustee alone.

110. If the creditors, at the meeting held after the examination of the bankrupt, or at any other meeting called for the purpose, resolve that the trustee shall dispose of the heritable estate by public sale or bring it to judicial sale, and if such resolution has been made before an heritable creditor having a power of sale shall have commenced proceedings for sale, or if such proceedings, after being commenced prior to the date of such resolution, have thereafter been unduly delayed, such creditor shall not be entitled to interfere with the sale by the trustee; and, if a public sale of the heritable estate be resolved on, such sale shall be made by auction at the upset price and in
the manner which shall be fixed by the trustee, with consent of the Commissioners: Provided always that the estate shall not be sold for less than the upset price, and that such upset price shall not be less than sufficient to pay the debt, principal, interest, and expenses of the heritable creditor.

111Trustee may with approval of accountant sell by private bargain.

111. It shall be competent for the trustee, with concurrence of a majority of the creditors in number and value, and of the heritable creditors, if any, and of the accountant, to sell the heritable estate by private bargain, on such terms and conditions regarding price and otherwise, as the trustee with concurrence of those parties, may fix; and the concurrence of the accountant shall be conclusive evidence that the concurrence of the requisite majority of creditors has been obtained.
112Trustee to make up a scheme of ranking and division of price.

112. It shall be the duty of the trustee to make up a scheme of ranking and division of the claims of the heritable creditors and other creditors on the price of the heritable estate sold; and such scheme of ranking and division shall be reported by him to the Lord Ordinary or the sheriff, and the judgment thereon shall be a warrant for payment out of the price against the purchaser of the heritable estate.
113Court may grant interim warrant for payment out of price.

113. It shall be competent for the Lord Ordinary or the sheriff, on application by the trustee or any creditor interested, with a report thereon by the accountant, and on cause shown, to grant an interim warrant for payment of preferable claims out of the price of the estate, or to authorise an interim scheme of division out of the price, which scheme of division shall be disposed of as the scheme of division already provided for.
114Heritable creditor's right to poind the ground limited.

114. No poinding of the ground which has not been carried into execution by sale of the effects sixty days before the date of the sequestration, shall (except to the extent herein-after provided) be available in any question with the trustee; and this section shall apply to all poindings of the ground by which moveables forming part of or belonging to a bankrupt estate, whether administered in Scotland or furth thereof, are sought to be attached or affected, and that whether the debts or securities in respect of which such poindings of the ground shall be brought shall have been constituted or granted by the bankrupt, or by any ancestor or predecessor of the bankrupt, or by any other person: Provided that no creditor who holds a security over the heritable estate preferable to the right of the trustee shall be prevented from executing a poinding of the ground after the sequestration, but such poinding shall, in competition with the trustee, be available only for the interest on the debt for the current half-yearly term, and for the arrears of interest for one year immediately before the commencement of such term.
115Landlord's hypothec saved.

115. Nothing in this Act contained shall affect the landlord's right of hypothec.
116Creditors may purchase.

116. When any estate is sold publicly by virtue of this Act, it shall be lawful for any creditor to purchase the same; but the trustee or commissioner, or any law agent employed by the trustee in connection with the sequestration, or any partner of such law agent shall not be entitled to purchase.
Payment of Dividends.
117Realised estate to be a fund of division.

117. The whole estate, when reduced into money, shall, unless otherwise provided in this Act, after paying all necessary charges and a commission to the trustee, be divided among those who were creditors of the bankrupt at the date of the sequestration, ranked according to their several rights and interests.
118Preferential payments.

(1) In the division of a bankrupt's estate under the provisions of this Act the following shall be paid in priority to all other debts:—

  (a ) All poor or other local rates due by the bankrupt at the date herein-after mentioned, and having become due and payable within twelve months next before that date, and all assessed taxes, land tax, property or income tax assessed on the bankrupt up to the fifth day of April next before the said date and not exceeding in the whole one year's assessment;

  (b ) All wages or salary of any clerk or servant in respect of service rendered to the bankrupt during four months before the said date not exceeding fifty pounds to any one clerk or servant;

  (c ) All wages of any workman or labourer not exceeding twenty-five pounds to any one workman or labourer, whether payable for time or for piece work, in respect of services rendered to the bankrupt during two months before the said date. Provided that, where any labourer in husbandry has entered into a contract for the payment to him of a portion of his wages in a lump sum, the priority under this section shall extend to the whole of such sum or a part thereof as the court may decide to be due under the contract proportionate to the time of service up to the said date;

  (d ) All sums (not exceeding in any individual case one hundred pounds) due in respect of compensation under the Workmen's Compensation Act, 1906 , the liability wherefor accrued before the said date, subject nevertheless to the provisions of section five of that Act; and

  (e ) All contributions payable under the National Insurance Act, 1911 , by the bankrupt in respect of employed contributors or workmen in an insured trade during the four months before the said date.

(2) The foregoing debts shall rank equally among themselves and shall be paid in full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportions.

(3) The trustee may, with the consent of the commissioners, dispense with the necessity for lodging oaths relative to the foregoing debts, and with the like consent may pay such debts before the period for payment of the first dividend.

(4) The date hereinbefore referred to in this section is the date of the award of sequestration, and, in the case of the sequestration of the estates of a deceased debtor, the date of his death, and, where sequestration has not been awarded, the date of the concourse of diligence for distribution of the estate of a party being notour bankrupt.

(5) Nothing in this section shall affect the provisions of the Friendly Societies Act, 1896 , or the preference attaching at common law to death-bed and funeral expenses.

(6) The Preferential Payments in Bankruptcy Act, 1888 , shall not apply to Scotland, and references to the said Act, or to section three of the Bankruptcy (Scotland) Act, 1875 , in any Act of Parliament, as regards Scotland shall be read and construed as references to this section.

119Creditor to produce oath, &c. two months before payment of first dividend, and one month before subsequent dividends.

119. To entitle any creditor to payment of the first dividend, he shall produce as is herein-before directed his oath and grounds of debt at least two months before the time fixed for payment of the first dividend, when such time of payment shall not have been accelerated, or one month before the time fixed for payment of the first dividend where such time shall have been accelerated; and, to entitle any creditor to payment of any of the subsequent dividends, he shall produce as aforesaid his oath and grounds of debt at least two months before the time fixed for payment of the dividend which he means to claim; provided that, if a creditor has not produced his oath and grounds of debt in time to share in the first dividend, but has done so in time to share in the second dividend, he shall be entitled, on occasion of payment of the second dividend, to receive out of the first of the fund (if there be sufficient for that purpose) an equalising dividend corresponding to the dividend he would have drawn if he had claimed in time for the first dividend; and the same rule shall apply as to all subsequent dividends.
120Creditors resident abroad may lodge oath at later periods.

120. When any creditor not resident within Great Britain or Ireland at the date of the deliverance awarding sequestration, or at any time within five months thereafter, shall lodge his oath and grounds of debt fourteen days previous to any time fixed for payment of a dividend, though not in time to entitle such creditor to participate in such dividend, the trustee shall make such deduction from the divisible fund as shall be equal to the dividend which would have been payable to such creditor had his oath and grounds of debt been timeously lodged and his claim been sustained; and the sum so deducted shall form part
of the fund for division on the occasion of payment of the next dividend.

121Trustee to make up and exhibit to commissioners state of funds.

121. Immediately on the expiration of four months from the date of the deliverance actually awarding sequestration, unless the dividend is accelerated as herein-after provided, the trustee shall proceed to make up a state of the whole estate of the bankrupt, of the funds recovered by him, and of the property outstanding (specifying the cause why it has not been recovered), and also an account of his intromissions, and generally of his management; and within fourteen days after the expiration of the said four months the commissioners shall meet and examine such state and account and ascertain whether the trustee has lodged the moneys recovered by him in bank or not, and, if he has failed to do so, they shall debit him with the sum at the rate of twenty pounds per annum on every hundred pounds not so lodged, and so after that rate on any larger or smaller sum, being not less than fifty pounds; and they shall audit his accounts, and settle the amount of his commission or fee, and authorise him to take credit for such commission or fee in his accounts with the estate; and they shall certify, by a writing under their hands engrossed or copied in the sederunt book, the balance due to or by the trustee in his account with the estate as at the expiration of the said four months; and they shalldeclare whether any and what part of the net produce of the estate, after making a reasonable deduction for future contingencies, shall be divided among the creditors.
122Trustee's commission to have approval of accountant.

122. Every trustee appointed under this Act shall intimate by circular to every creditor upon the estates under his charge, and also to the bankrupt, the deliverance of the commissioners fixing a commission or fee to be allowed to such trustee, and every such trustee, and also every creditor and the bankrupt, shall be entitled to appeal to the accountant against any such deliverance within ten days of the issue of such circular by addressing a note to the accountant stating his objections to such deliverance, and the trustee shall thereupon lay the deliverance of the commissioners and the account to which such deliverance applies before the accountant and such commission or fee shall not be paid to the trustee or entered in his account until the accountant has intimated his approval of the commission or other payments sanctioned by the commissioners. In the event of the accountant not concurring with the commissioners, he shall intimate his objections and the grounds thereof to the trustee or bankrupt or creditor appealing and shall indicate the sum he would suggest, and, in the event of the trustee or bankrupt or creditor or the commissioners not acquiescing in this suggestion, the matter shall be reported forthwith by the accountant to the Lord Ordinary or to the sheriff, whose decision shall be final and, in the event of such appeal, the procedure enacted under sections one hundred and twenty-four, one hundred and twenty-seven, one hundred and twenty-eight, and one
hundred and twenty-nine of this Act shall, in cases to which such sections apply, be postponed till the decision is given in the appeal, and, where the deliverance of the commissioners is altered, the trustee shall give effect to the alteration in his accounts, and the commissioners shall, in such cases, reconsider and declare within eight days after the date of the decision the amount to be divided among the creditors in terms of sections one hundred and twenty-one, one hundred and twenty-seven, one hundred and twenty-eight, and one hundred and twenty-nine of this Act after taking such alteration into account, and the trustee shall, within four days thereafter, and in cases where no alteration is made in the deliverance of the commissioners within eight days from the date of the decision, give the notice in the Gazette and give the notifications to creditors directed by sections one hundred and twenty-four, one hundred and twenty-seven, and one hundred and twenty-nine of this Act.

123Trustee to examine and reject or admit claims, and make up list of creditors entitled to payment of dividend;

123. The trustee may, at any time after a claim has been lodged, require further evidence in support thereof, for which purpose he may examine the bankrupt, any creditor, or any other party on oath relative thereto, and, where a dividend is to be paid, he shall, within the fourteen days mentioned in section one hundred and twenty-one of this Act, examine the oaths and grounds of debt, and in writing reject or admit them, or require further evidence in support thereof; and, in case he shall reject any claim, he shall in his deliverance state the grounds of such rejection; and he shall complete the list of the creditors entitled to draw a dividend, specifying the amount of their debts, with interest thereon to the date of the sequestration, and distinguishing whether they are ordinary creditors or preferable or contingent, and he shall make up a separate list of any creditors whose claims he has rejected in whole or in part.
124and to publish and send notices of payment of dividend.

124. The trustee shall, within eight days after the expiration of such fourteen days, give notice in the Gazette of the time and place of the payment of the dividend, and also notify the same by letters put into the Post Office on or before the first lawful day alter the said fourteen days, addressed to each creditor, in which he shall specify the amount of the claim and proposed dividend thereon, and when he has rejected any claim he shall notify the same to the claimant by letter as aforesaid, which letter shall also contain a copy of his deliverance, and specify the amount of the claim; and a certificate by the trustee or an execution by a messenger or sheriff officer that such letters have been put into the post office shall be sufficientevidence thereof; and, if any creditor be dissatisfied with the decision of the trustee, he may appeal by a short written note to the Lord Ordinary or to the sheriff; but, if no such note be lodged with and marked by the Bill chamber or sheriff clerk (as the case may be) before the expiration of fourteen days from the date of the publication in the Gazette of the said notice, the decision of the trustee shall be final and conclusive
so far as regards that dividend; and, in case the claim have been rejected in whole or in part, such decision shall be without prejudice to any new claim being afterwards made in reference to future dividends, but which new claim shall not disturb prior dividends.

125Trustee to make up a scheme of division.

125. The trustee shall, before the expiration of six months from the date of the deliverance actually awarding sequestration, make up a scheme of division of the fund directed by the commissioners to be divided, and apportion the same, according to their respective rights, among those creditors whose claims have been sustained by him or by the Lord Ordinary or sheriff, or who shall have appealed against his decision, and which scheme shall be patent to all concerned, and shall send notice to each creditor of the amount of the dividend to which he may be entitled.
126Dividends to be paid, and those disputed or claimed by contingent creditors to be lodged in bank.

126. On the first lawful day after the expiration of six months from the date of the deliverance actually awarding sequestration, and at the place appointed, the trustee shall pay to the creditors the dividends allotted to them respectively in terms of the said scheme; and he shall lodge the dividends apportioned to those claims which are under appeal, but not finally determined, and the dividends effeiring to contingent creditors or other claimants, not then entitled to uplift the same, in the bank appointed by the creditors, or failing such appointment, in any joint stock bank of issue in Scotland in a separate account, or if the money be deposited in the bank, he shall transfer it to a separate account in name of himself and the commissioners, to remain therein until the said appeals be disposed of or the dividends become payable.
127Second Dividend.—Trustee to make up state, &c., and commissioners to resolve as in case of first dividend.

127. On the expiration of eight months from the date of the deliverance actually awarding sequestration, the trustee shall again make up a state as herein before provided, which he shall within fourteen days after the expiration of the said eight months exhibit to the commissioners, who shall meet and examine and audit the same, and perform the other acts and duties incumbent on them, in manner before specified, and direct a second dividend to be paid, if there shall be funds to pay the same; and, if the commissioners shall direct a dividend to be paid, the trustee shall also make up lists of the creditors who are entitled and who are not entitled to payment of the dividend, and frame a scheme of division, and notify in the Gazette and by letters, and any creditor may appeal, all as is herein before provided with respect to the first dividend; provided that no appeal by a creditor shall be competent, unless the note of appeal be lodged within fourteen days of the date of notification in the Gazette.
128Dividend to be paid.

128. On the first lawful day after the expiration of ten months from the date of the deliverance actually awarding sequestration, the trustee shall make payment of the second
dividend to those creditors who are entitled thereto, and shall lodge the dividend disputed or not then payable, all as hereinbefore provided with respect to the first dividend.

129Subsequent Dividend.—Same proceedings as in prior dividends.

129. The procedure herein before prescribed in reference to a second dividend shall be applicable in reference to subsequent dividends so that a dividend may be made on the first lawful day after the expiration of every three months from the day of payment of the immediately preceding dividend, until the whole funds of the bankrupt shall be divided.
130Dividends may be accelerated in certain cases.

130. The trustee and commissioners, with the consent of the accountant, may accelerate the payment of any dividend, if it shall be found expedient to do so, provided that the date for payment of the first dividend be not earlier than four months from the date of the deliverance actually awarding sequestration; and, when any such acceleration is made, the trustee and commissioners, with the consent of the accountant, are hereby authorised to make the requisite provision for the acceleration of any other matters which it may be necessary to accelerate in consequence thereof.
131Proceedings when commissioners postpone the dividend.

131. If it shall appear to the commissioners that a dividend ought to be postponed, they may do so till the recurrence of another stated period for making a dividend, and they may, if they think fit, authorise the trustee to give a notice to that effect in the next Gazette.
132Where estate is chiefly land periods of payment may be altered.

132. In cases where the sequestrated estate consists chiefly of land, and in any other cases where it may be necessary, it shall be competent for the Court of Session or the Lord Ordinary or sheriff, on a special application by the trustee and commissioners, to authorise such alteration in the periods above mentioned for payment of dividends as shall be found most suitable to the circumstances of the case.
133Winding up of estate.

133. If on the lapse of twelve months from the date of the deliverance actually awarding sequestration it shall appear to the trustee and commissioners expedient to sell the heritable or moveable estates not disposed of, and any interest which the creditors have in the outstanding debts and consigned dividends, they shall fix a day for holding a meeting of the creditors to take the same into consideration; and the trustee, besides advertising the same in the Gazette, shall, fourteen days before the day appointed, send by post to each creditor claiming on the estate a notice of the time and place of the meeting, with a valuation of the estates and of the outstanding debts and the consigned dividends; and, if three fourths in value of the creditors assembled at the meeting shall decide in favour of a sale, in whole or in lots, the trustee shall cause the estates, debts, and dividends to be sold by auction, after notice thereof published at least one month previous to the sale, once in the
Gazette, and in such other newspapers as the creditors at the meeting shall appoint.

Discharge of Bankrupt.
134Offer of composition may be made at the meeting for election of trustee.

134. At the meeting for election of trustee, the bankrupt or his friends, or, in case of his decease, his successors, and, in case of a company, one or more of the partners thereof, may offer a composition to the creditors on the whole debts, with security for payment of the same; and, if the majority of the creditors in number and three fourths in value present at such meeting shall resolve that the offer and security shall be entertained for consideration, the trustee shall forthwith advertise in the Gazette a notice that an offer of composition has been so made and entertained, and that it will be decided upon at the meeting to be held after the examination of the bankrupt, and shall specify the hour, day, and place, and also transmit by post letters to each of the creditors claiming on the estate, or mentioned in the bankrupt's state of affairs, containing a notice of such resolution and of the day and hour at which, and the place where, such meeting is to be held, and specifying the offer and security proposed, and giving an abstract of the state of the affairs and of the valuation of the estate, so far as the same can be done, to enable the creditors to judge of such offer and security.
135Offer, if entertained, to be disposed of at the meeting after the bankrupt's examination.

135. If at the meeting held after the examination of the bankrupt a majority in number and three fourths in value of the creditors there assembled shall accept such offer and security, a bond of caution for payment of the composition, executed by the bankrupt or his successors, or the partners of a company (as the case may be), and the proposed cautioner, shall be forthwith lodged in the hands of the trustee; and the trustee shall thereupon subscribe and transmit a report of the resolution of the meeting, with the said bond, to the Bill chamber clerk or sheriff clerk, in order that the approval of the Lord Ordinary or sheriff (whichever may be selected by thetrustee) may be obtained thereto; and, if the Lord Ordinary or the sheriff, after hearing any objections by creditors, shall find that the offer, with the security, has been duly made, and is reasonable, and has been assented to by a majority in number and three fourths in value of all the creditors assembled at the said meeting, he shall pronounce a deliverance approving thereof; provided that he shall hear any objection by opposing creditors, and, if he shall refuse to sustain the offer or reject the vote of any creditor, he shall specify the grounds of refusal or rejection.
136Offer of composition may also be made at meeting after bankrupt's examination.

136. In like manner, at the meeting held after the examination of the bankrupt, or at any subsequent meeting called for
the purpose by the trustee, with the consent of the commissioners, the bankrupt, or his friends, or, in case of his decease, his successors, or any of them, and, in the case of a company, one or more of the partners thereof, may offer a composition to the creditors on the whole debts, with security for payment of the same; and, if a majority in number and three fourths in value of the creditors present shall resolve that the offer and security shall be entertained for consideration, the trustee shall call another meeting to be held at a specified hour on a specified day, being not less than twenty-one days thereafter, and at a specified place, and shall, seven days at least before such other meeting, send by post letters addressed to each of the creditors who have claimed on the estate or are mentioned in the bankrupt's state of affairs, which letter shall contain a notice of such resolution, and of the hour, day, and place, and purpose of the meeting, and specify the offer and security proposed, and give an abstract of the state of the affairs and valuation of the estate, so far as can be done, to enable the creditors to judge of such offer; and, if at the meeting so called a majority in number and three fourths in value of the creditors present shall accept the said offer and security, a bond of caution shall be lodged and a report made, and a deliverance pronounced, all in the same manner and to the same effect as is hereinbefore provided.

137Bankrupt on making declaration or oath to obtain his discharge.

137. On such deliverance being pronounced, approving of the composition in either of the cases above specified, the bankrupt, or, if deceased, his successor or other party offering the composition, shall make a declaration, or, if required by the trustee or any creditor, an oath, before the Lord Ordinary or the sheriff (as the case may be), that he has made a full and fair surrender of his estate, and has not granted or promised any preference or security, or made or promised any payment, or entered into any secret or collusive agreement or transaction, to obtain the concurrence of any creditor to such offer and security; and, if the bankrupt shall be at the time beyond the jurisdiction of the Lord Ordinary or sheriff, or is by a lawful cause prevented from appearing before the Lord Ordinary or sheriff, commission may be granted to any fit person to take such declaration or oath; and the Lord Ordinary or the sheriff (as the case may be), on being satisfied with such oath or declaration, shall pronounce a deliverance discharging the bankrupt of all debts and obligations contracted by him, or for which he was liable at the date of the sequestration, and shall declare the sequestration to be at an end, and the bankrupt reinvested in his estate (reserving always the claims of the creditors for the said composition against him and the cautioner); and the bond of caution shall be recorded in the books of the Court of Session, or, when such deliverance is pronounced by the sheriff, in the books of the sheriff court; and the clerk of the Bills or the sheriff clerk, shall forthwith transmit a signed extract of such deliverance to the accountant, who shall preserve the same, with the copy of the proceedings in the sequestration transmitted to him, as herein
provided; and such deliverance of the Lord Ordinary or of the sheriff shall operate as a complete discharge and acquittance to the bankrupt in terms thereof, and shall receive effect within Great Britain and Ireland and throughout His Majesty's other dominions, and an entry thereof shall be made by the accountant in the register of sequestrations.

138Trustee's accounts to be audited before the composition be approved of.

138. Before the Lord Ordinary or the sheriff shall pronounce the deliverance approving of the composition, the commissioners shall audit the accounts of the trustee, and ascertain the balance due to or by him, and fix the remuneration for his trouble, subject to the review of the Lord Ordinary or the sheriff, if complained of by the trustee, the bankrupt, or any of the creditors; and the expense attending the sequestration and such remuneration shall be paid or provided for to the satisfaction of the trustee and commissioners before such deliverance is pronounced.
139Sequestration to go on, notwithstanding offer of composition.

139. Notwithstanding such offer of composition and proceeding consequent thereon, the sequestration shall continue, and the trustee shall proceed in the execution of his duty as if no such offer had been made, until the deliverance by the Lord Ordinary or the sheriff be pronounced, when the sequestration shall cease and be at an end, and the trustee be exonered and discharged: Provided, nevertheless, that the trustee and his cautioner shall be liable, on petition to the Lord Ordinary or sheriff by the bankrupt or his cautioner for the composition, to account for his intromissions and other acts as trustee.
140Bankrupt and cautioner not to be entitled to object to certain debts.

140. Neither the bankrupt nor, in case of his decease, his successor, offering the composition, nor the cautioner for the composition, shall be entitled to object to any debt which the bankrupt has given up in the state of his affairs as due by him, or admitted without question to be reckoned in the acceptance of the offer of composition, nor to object to any security held by any creditor, unless in the offer of composition such debt or security shall be stated as objected to, and notice in writing given to the creditor in right thereof.
141Claims against cautioner limited in certain cases to two years.

141. No person who has not produced an oath as a creditor before the date of the deliverance approving of the composition shall be entitled to make any demand against the cautioner after the space of two years from the date of such deliverance, reserving to such creditor his claim for the composition against the bankrupt and his estate.
142If offer of composition rejected, no other to be entertained unless nine tenths of creditors ranked shall agree.

142. If an offer of composition have been made and rejected, or have become ineffectual, no other offer of composition shall be entertained unless nine tenths in number and value of all the creditors ranked or entitled to be ranked on the estate shall assent in writing to such offer, which offer shall state the amount of composition and the terms of payment, and be subscribed by the cautioner proposed, in which case a
meeting shall be called in manner before directed by the trustee for finally disposing of the same; and, if at the meeting so called a majority in number and nine tenths in value of the creditors present shall accept such offer and security, and the same shall be assented to by nine tenths in value of all the creditors who have produced oaths as aforesaid, a bond of caution shall be lodged and a report made, and deliverances pronounced, and the other proceedings shall take place and have effect in the same manner as is hereinbefore provided for other offers of composition.

2.
143Proceedings for this purpose. May be discharged with consent of creditors.

143. The bankrupt may, at any time after the meeting held after his examination, petition the Lord Ordinary or the sheriff to be finally discharged of all debts contracted by him before the date of the sequestration, provided that every creditor who has produced his oath as aforesaid shall concur in the petition; and the bankrupt may also present such petition on the expiration of six months from the date of the deliverance actually awarding sequestration, provided a majority in number and four fifths in value of the creditors who have produced oaths concur in the petition, and the bankrupt may also present such petition on the expiration of twelve months from the date of the deliverance actually awarding sequestration, provided a majority in number and two thirds in value of the creditors concur in the petition; and the bankrupt may also present such petition on the expiration of eighteen months from the date of the deliverance actually awarding sequestration, provided a majority in number and value concur in the petition; and thebankrupt may also present such petition on the expiration of two years from the date of the deliverance actually awarding sequestration without any consents of creditors; and the Lord Ordinary or the sheriff, as the case may be, shall, in each of the cases aforesaid, order the petition to be intimated in the Gazette and to each creditor; and if, at the distance of not less than twenty-one days from the publication of such intimation, and on evidence being produced of concurrence as aforesaid, where such concurrence is required, there be no appearance to oppose the same, the Lord Ordinary, or the sheriff, as the case may be, shall pronounce a deliverance finding the bankrupt entitled to a discharge; but, if appearance be made by any of the creditors or by the trustee, the Lord Ordinary or the sheriff, as the case may be, shall judge of any objections against granting the discharge, and shall either find the bankrupt entitled to his discharge, or refuse the discharge, or defer the consideration of the same for such period as he may think proper, and may annex such conditions thereto as the justice of the case may require: Provided that it shall not be competent for the bankrupt to present a petition for his discharge, or to obtain any consent of any creditor to such discharge, until the trustee
shall have prepared a report with regard to the conduct of the bankrupt, and as to how far he has complied with the provisions of this Act, and, in particular, whether the bankrupt has made a fair discovery and surrender of his estate, and whether he has attended the diets of examination, and whether he has been guilty of any collusion, and whether his bankruptcy has arisen from innocent misfortunes or losses in business, or from culpable or undue conduct; and such report shall be prepared by the trustee as soon as may be after the bankrupt's examination, but shall not be demandable from the trustee till the expiration of five months from the date of the deliverance actually awarding sequestration; and such report shall be produced in the proceedings for the bankrupt's discharge, and shall be referred to by its date, or by other direct reference, in any consent to his discharge; and the trustee shall forthwith engross, in the sederunt book of the estate, a copy of his said report.

144Bankrupt to make a declaration or oath before obtaining discharge.

144. If the bankrupt shall be found entitled to his discharge he shall make a declaration, or, if required by the trustee or any creditor, an oath, before the Lord Ordinary or sheriff, that he has made a full and fair surrender of his estate, and has not granted or promised any preference or security, nor made or promised any payment, nor entered into any secret or collusive agreement or transaction, to obtain the concurrence of any creditor to his discharge; and, if the bankrupt shall be at the time beyond the jurisdiction of the Lord Ordinary or sheriff, or is by lawful cause prevented from coming, before the Lord Ordinary or sheriff, commission may be granted to any fit person to take such declaration or oath; and the Lord Ordinary or the sheriff, as the case may be, on being satisfied with such declaration or oath, shall pronounce a deliverance discharging the bankrupt of all debts and obligations contracted by him or for which he was liable at the date of the sequestration; and, when the deliverance discharging the bankrupt is pronounced by the Lord Ordinary or sheriff, the clerk of the Bills or the sheriff clerk shall forthwith transmit a signed extract thereof to the accountant, who shall preserve the same with the copy of the proceedings in the sequestration transmitted to him, and, such deliverance by the Lord Ordinary or the sheriff shall operate as a complete discharge and acquittance to the bankrupt in terms thereof, and shall receive effect within Great Britain and Ireland and all His Majesty's other dominions; and an entry thereof shall be made by the accountant in the register of sequestrations.
145Abbreviate of discharge of bankrupt.

145. An abbreviate of the deliverance of discharge of the bankrupt, whether following on a composition or not, shall be issued by the clerk of the Bills or the sheriff clerk, in the form of Schedule E. No. 4 hereto annexed, and the abbreviate shall be recorded in the registers of inhibitions and adjudications, and
the keeper of such registers shall, if required, write and subscribe a certificate on the said abbreviate in the form specified in Schedule E. No. 2 hereto annexed.

146Restriction of right to discharge.

146. Notwithstanding anything herein contained—
(1) A bankrupt shall not at any time be entitled to be discharged of his debts, unless it is proved to the Lord Ordinary or the sheriff, as the case may be, that one of the following conditions has been fulfilled:—

  (a ) That a dividend or composition of not less than five shillings in the pound has been paid out of the estate of the bankrupt, or that security for payment thereof has been found to the satisfaction of the creditors; or

  (b ) That the failure to pay five shillings in the pound, as aforesaid, has, in the opinion of the Lord Ordinary or the sheriff, as the case may be, arisen from circumstances for which the bankrupt cannot justly be held responsible:

(2) In order to determine whether either of the aforesaid conditions has been fulfilled, the Lord Ordinary or the sheriff, as the case may be, shall have power to require the bankrupt to submit such evidence as he may think necessary, in addition to the declarations or oaths, as the case may be, made by the bankrupt under sections one hundred and thirty-seven and one hundred and forty-four of this Act, and the report made by the trustee under section one hundred and forty-three of this Act, and to allow any objecting creditor or creditors such proof as he may think right:

(3) Any deliverance of the Lord Ordinary or sheriff, as the case may be, under this section, shall be subject to appeal in the manner provided in sections one hundred and sixty-seven and one hundred and sixty-six of this Act: Provided always that the judgment of the Inner House of the Court of Session on any such appeal shall be final and not subject to review:

(4) In the event of a discharge being refused under the provisions of this section, the bankrupt shall, at any time, if his estate shall yield or he shall pay to his creditors such additional sum as will, with the dividend or composition previously paid out of his estate during the sequestration, make up five shillings in the pound, be entitled to apply for and obtain his discharge in the same manner as if a dividend of five shillings in the pound had originally been paid out of his estate.

147This Act not to extend to discharge Crown debtors, &c. unless Treasury give consent.

147. This Act shall not extend to discharge any person with respect to any debt due to His Majesty, or to any debt or penalty with which he shall stand charged at the suit of the Crown or any person for any offence committed against any Act or Acts relative to any branch of the public revenue, or at the suit of any sheriff or other public officer upon any bail bond entered into for the appearance of any person prosecuted for any such offence, unless the Treasury shall consent to such discharge.
148Pay, half pay, and pensions of bankrupts to be applicable for the benefit of creditors.

148. The Lord Ordinary or sheriff may order such portion of the pay, half pay, salary, emolument, or pension of any bankrupt as on communication from the Lord Ordinary or sheriff to the Treasury, the Secretary of War, or the Admiralty, or the Commissioners of Customs and Excise, or the chief officers of the department to which such bankrupt may belong, or may have belonged, or under which such pay, half pay, salary, emolument, or pension may be enjoyed by such bankrupt, or to the Secretary of State for India, they respectively may, under their hands, or under the hand of their respective chief secretary, or other chief officer for the time being, consent to in writing, to be paid to the trustee in order that the same may be applied in payment of the debts of such bankrupt; and such order and consent being lodged in the office of His Majesty's Paymaster General, or of any other officer or persons appointed to pay or paying any such half pay, salary, emolument, or pension, such portion of the said pay, half pay, salary, emolument, or pension as shall be specified in such order and consent shall be paid to such trustee until the Lord Ordinary or sheriff shall make order to the contrary.
149Refusal of a plication for discharge by Court of Session, &c.

149. Notwithstanding anything hereinbefore contained, the Lord Ordinary or the sheriff may refuse the application for the discharge of any bankrupt, although two years have elapsed from the date of the sequestration, and although no appearance or opposition shall be made by or on the part of any of the creditors, if it shall appear from the report of the accountant or other sufficient evidence that the bankrupt has fraudulently concealed any part of his estate or effects, or has wilfully failed to comply with any of the provisions of this Act.
Preferences and Collusions for procuring Discharge to be void.
150Preferences, payments, and collusive agreements for discharge to be void.

150. All preferences, gratuities, securities, payments, or other consideration not sanctioned by this Act, granted, made, or promised, and all secret or collusive agreements and transactions, for concurring in, facilitating, or obtaining the bankrupt's discharge, either on or without an offer of composition, and whether the offer be accepted or not, or the discharge granted or not, shall be null and void; and, if during the sequestration any creditor shall have obtained any such preference, gratuity,
security, payment, or other consideration or promise thereof, or entered into such secret or collusive consideration or agreement or transaction, the trustee shall be entitled to retain his dividend, and he or any creditor ranked on the estate may present a petition to the Lord Ordinary or to the sheriff, praying that such creditor shall be found to have forfeited his debt, and be ordained to pay to the trustee double the amount of the preference, gratuity, security, payment, or other consideration given, made, or promised, and, if no cause be shown to the contrary, decree shall be pronounced accordingly; and the sums which in such case may be recovered shall, under deduction of the expenses of recovering the same, be distributed by the trustee among the other creditors under the sequestration; and, if the sequestration shall have been closed, it shall be competent to any creditor who shall not have received full payment of his debt to raise a multiplepoinding in name of the person who has obtained such preference, gratuity, security, payment, or other consideration or promise as aforesaid, and on the value of the preference, gratuity, or security, or amount of the sum paid or consideration obtained, being ascertained, double such value or amount, together with the amount of the dividend of the colluding creditor, shall be ordered to be consigned by him, and shall be divided among the creditors who were ranked or were entitled to be ranked in the sequestration, and have not received full payment of their debts, and who shall lodge claims in such multiplepoinding, according to their respective rights and interests; and such multiplepoinding shall be executed in terms of law against the colluding creditor, and notice thereof at the same time be inserted in the Gazette; and in the event of there being any surplus, after paying the full debts of the creditors, and defraying the expenses of the sequestration or other proceeding, the same shall be paid into the account of unclaimed dividends, as hereinafter provided.

151Bankrupt to forfeit privileges, if participant in giving such preferences, &c.

151. If the bankrupt shall have been personally concerned in or cognizant of the granting, giving, or promising any preference, gratuity, security, payment, or other consideration, or in any secret or collusive agreement or transaction as aforesaid, he shall forfeit all right to a discharge and all benefits under this Act, and such discharge, if granted, either on or without an offer of composition, shall be annulled; and the trustee or any one or more of the creditors may apply by petition to the Lord Ordinary to have such discharge annulled accordingly.
Trustee's Discharge.
152Proceedings for this purpose.

152. After a final division of the funds, the trustee shall call a meeting of the creditors, by an advertisement in the Gazette, to be held not sooner than fourteen days after such publication, specifying the time, place, and purpose of holding the meeting, and by letters addressed by post to every creditor who has produced an oath as aforesaid, to consider as to an
application for his discharge, and at such meeting he shall lay before the creditors the sederunt book and accounts, with a list of unclaimed dividends, and the creditors may then declare their opinion of his conduct as trustee, and he may thereafter apply to the Lord Ordinary or the sheriff, who, on advising the petition, with the minutes of the meeting, and hearing any creditor may pronounce or refuse decree of exoneration, and the clerk of the Bills or the sheriff clerk shall forthwith transmit to the accountant a signed extract of such decree, which shall be entered in the register of sequestrations, and the bond of caution for the trustee delivered up.

153Trustees to lodge unclaimed dividends, &c. in bank.

(1) Every trustee in any sequestration shall, before his discharge, transmit the sederunt book to the accountant, who shall thereupon direct the trustee to deposit the unclaimed dividends and any unapplied balances in the same bank in which money received by him was lodged under the provisions of this Act; and the trustee shall forthwith transfer the whole dividends not then claimed and any unapplied balances to such bank, and transmit the deposit receipts therefor to the accountant; and the unclaimed dividends shall be entered by such bank in an account to be kept under the title of “Account of Unclaimed Dividends”; and a book or books shall be kept in the office of the accountant, to be entitled “The Register of Unclaimed Dividends,” containing a list, with the names arranged alphabetically, of all the creditors entitled to such unclaimed dividends, and specifying the bank in which each such unclaimed dividend is deposited, which shall be patent to all persons; provided that it shall not be necessary for the accountant to enter in detail in the said register the names of those creditors whose unclaimed dividends do not respectively exceed one pound sterling.

(2) After the discharge of the trustee, it shall be competent to any person, producing evidence of his right, to apply to the accountant for authority to receive any such dividend which has been deposited in terms of this section within seven years immediately preceding the date of such application and for which the deposit receipt is still in the custody of the accountant; and, on the accountant being satisfied of the claimant's right, a warrant shall be granted by him for payment of such dividend, whereof he shall make an entry in the said register, and upon such warrant the hank shall pay the same with any interest which may have accrued thereon.

(3) The accountant shall, at the expiry of seven years from the date of deposit of any unclaimed dividend or unapplied balance deposited in terms of this section, hand over the deposit receipt or other voucher therefor to the King's and Lord Treasurer's Remembrancer, who shall thereupon obtain payment in the manner and on the conditions specified in the Court of Session Consignations (Scotland) Act, 1895 , of the amount due, principal and interest, from the bank in which the deposit was made, and the keeping of an interest account of unclaimed dividends shall be discontinued, and each bank shall, on this Act coming into operation, pay over to the said Remembrancer the whole amounts standing at the credit of that account in the books of the bank; and a receipt under the hand of the said Remembrancer shall be a sufficient discharge to the accountant for the duties imposed on him by this section and to the said banks for the payments so made by them.

154Law accounts to be taxed.

154. All accounts for law business incurred by the trustee shall, before payment thereof by the trustee, be submitted for taxation to the auditor of the Court of Session, or to the auditor of the sheriff court of the county in which the sequestration was carried on, as may be directed by a general meeting of the creditors.
155Surplus to be paid to bankrupt.

155. Any surplus of the bankrupt's estate and effects that may remain after payment of his debts, with interest, and the charges of recovering and distributing the estate, shall be paid to the bankrupt, or to his successors or assignees.
The Accountant.
156Accountant to keep register of sequestrations.

156. The accountant shall keep a book, entitled “The Register of Sequestrations,” in the general form of Schedule G. hereunto annexed, but with such additional heads as he may find necessary, which book shall be patent to all concerned, and he shall regularly enter therein the division of the court to which ally sequestration awarded in the Court of Session is appropriated, or the sheriff awarding sequestration and the sheriff to whom the sequestration is remitted, the date of the first deliverance on every petition of sequestration, whether in the Court of Session or sheriff court, the name and designation of the debtor, the place and county of his residence, dwelling-house, or place of business, and the name and designation of the petitioning or concurring creditor, the date of awarding or recalling sequestration, the time and place appointed for the election of the trustee and commissioners, the name and designation of the trustee and commissioners, the bankrupt's discharge on composition or otherwise, and the trustee's discharge, for which purpose the clerks of the Bill chamber and the sheriff clerk of each county shall transmit forthwith to the accountant a certified copy of the first deliverance in sequestrations awarded in the Court of Session and sheriff courts respectively, and the sheriff clerk of each county shall, every six months transmit to the accountant the particulars necessary to enable him to make such entries, and the trustee shall be bound when required to furnish such particulars to the sheriff clerk.
157Trustee to make an annual return to sheriff clerk, and the sheriff clerk to the accountant.

157. Each trustee shall, within fourteen days after the thirty-first day of December in each year, or on the first lawful day after expiry of the said fourteen days, deliver, free of
expense, to the sheriff clerk of the county, a return in the form of the Schedule H. hereunto annexed of every sequestration in which he is trustee; and the sheriff clerk shall, within fourteen days thereafter, transmit, in the form of the said schedule, to the accountant, a return of all the sequestrations depending in the sheriffdom whereof he is clerk; and the accountant shall cause the returns so made to be regularly bound up and preserved, according to the alphabetical order of counties, in a volume to be kept at all times in his office, with an index thereto, framed by him, and which volume shall be patent to all concerned; and any trustee who shall fail to make such return shall be removable from his office at the instance of any one creditor, or of the accountant, or subject to such censure as the Lord Ordinary or the sheriff may think suitable, and be found liable in expenses.

158Accountant to take cognizance of the conduct of trustees and commissioners.

158. The accountant shall take cognizance of the conduct of trustees and commissioners in all sequestrations, and, in the event of their not faithfully performing their duties and duly observing all rules and regulations imposed on them by statute, act of sederunt, or otherwise relative to the performance of those duties, or in the event of any complaint being made to him by any creditor in regard thereto, he shall inquire into the same, and, if not satisfied with the explanation given, he shall report thereon to the Lord Ordinary or the sheriff, who, after hearing such trustees or commissioners thereon, and investigating the whole matter, shall decide, and shall have power to censure such trustees or commissioners, or remove them from their office, or otherwise to deal with them as the justice of the case may require.
159To superintend annual returns.

159. The accountant shall superintend the annual returns required by this Act from trustees, and frame an annual report to the Court of Session, showing the state of each depending sequestration returned to him, which report may be published in the Gazette, or otherwise as the court shall direct; and the accountant shall have power, on the application of one or more of the creditors, or of his own accord, to require exhibition of the sederunt book in any sequestration, and of any vouchers or documents which he may think necessary, and to direct that a meeting of the creditors shall be called to take any measures under consideration which he may judge requisite for the preservation or due management of the estate or more speedy realisation and division of the funds or winding up of the estate. On the expiry of five years from the date of the last proceeding in any sequestration, such sequestration shall cease to be a depending sequestration within the meaning of this section.
160To report disobedience.

160. The accountant shall, at all times when requisite, report to the Lord Ordinary or the sheriff any disobedience by the trustee or commissioners of any requisition or order by him, and generally any matter which he may deem it necessary for
the due discharge of his office to bring before the Lord Ordinary or the sheriff, and it shall be competent for the Lord Ordinary or the sheriff to deal summarily with the matter reported, as accords of law.

161To give information to Lord Advocate.

161. If the accountant shall possess information that shall lead him, on reasonable grounds, to suspect fraudulent conduct by the bankrupt, or malversation or misconduct on the part of the trustee or commissioners, such as may infer punishment, he shall be entitled to give information to the Lord Advocate, who shall direct such inquiry and take such proceedings therein as he shall think proper.
162In case of illness, &c. of accountant, Lord President to appoint a deputy.

162. In case of the illness or temporary absence of the accountant, the Lord President of the Court of Session may authorise any one of the accountant's clerks or other qualified person to discharge the duties of the office for the time.
Judicial Power for winding up the Estates of Parties deceased.
163Application for judicial factor on estates of persons deceased.

163. It shall be competent to one or more creditors of parties deceased, or to persons having an interest in the succession of such parties, in the event of the deceased having left no settlement appointing trustees or other parties having power to manage his estate or part thereof, or in the event of such parties not accepting or acting, to apply by summary petition to either division of the Court of Session or, where the assets of the deceased are estimated not to exceed five hundred pounds, to the sheriff of the sheriffdom within which the deceased resided or carried on business during the year immediately preceding the date of the petition, or within which heritage belonging to the deceased at the time of his death is situated, for the appointment of a judicial factor, and after such intimation of the petition to the creditors of the deceased, and other persons interested, as may be considered necessary, and after hearing parties, the Lord Ordinary or sheriff may appoint such factor, who shall administer the estate subject to the supervision of the accountant in accordance with the Judicial Factors (Scotland) Acts, 1880 and 1889, and relative acts of sederunt, and in case of an insolvent estate shall divide the same among the creditors thereof in accordance with the rules as to ranking obtaining in sequestrations in virtue of the provisions of this Act.
164Judicial factor's duties to be regulated by act of sederunt.

164. The court shall have full power to regulate by act of sederunt the caution to be found by such factor, the mode in which he shall proceed in realising and dividing the funds, and otherwise in the discharge of his duties, and any other matter which they may deem necessary.
Judicial Proceedings.
165Appeals, &c. against resolutions of creditors and deliverances of trustees to the Lord Ordinary or sheriff.

165. It shall be competent to appeal against the resolutions of the creditors at meetings either to the Lord Ordinary or the
sheriff, provided a note of appeal shall be lodged with and marked by one of the clerks of the Bill chamber within fourteen days after the date of the meeting at which the resolution objected to has been passed, or (as the case may be) in the hands of and marked by the sheriff clerk within the like period; and it shall in like manner be competent to appeal against any deliverance of the trustee or commissioners to the Lord Ordinary or the sheriff, provided the note of appeal shall be lodged and marked as aforesaid within fourteen days from the date of the deliverance; and, where any such appeal is made, or where any petition or complaint is presented against the trustee or commissioners, or against any of the creditors, the Lord Ordinary or the sheriff (as the case may be) shall appoint a copy thereof, and of his deliverance thereon, to be served on the respondent, or his mandatory or known agent, and appoint the respondent to appear at a specified diet within such period as may be reasonable; and the Lord Ordinary or the sheriff (as the case may be) shall at such diet hear parties viv voce, and the Lord Ordinary shall proceed to dispose of the case, with or without a record, as he shall consider best; and the sheriff, without a record, may decide, provided he shall specify the facts, and assign the grounds of his judgment; but, if he shall see cause, he may order minutes to be lodged by the parties, containing their averments in fact and pleas in law, without argument, and may hold the same as a closed record, and proceed in a summary way, and in pronouncing his judgment he shall assign his reasons; and it shall be competent to the Lord Ordinary or the sheriff, if they shall think fit, where any resolution of a meeting of the creditors is appealed against, to order a new meeting to be held, in order to reconsider the resolution.

166Review of sheriff's judgments.

166. It shall be competent to bring under the review of the inner house of the Court of Session, or before the Lord Ordinary in time of vacation, any deliverance of the sheriff, after the sequestration has been awarded (except where the same is declared not to be subject to review), provided a note of appeal be lodged with and marked by the sheriff clerk, within eight days from the date of such deliverance, failing which, the same shall be final; and such note, together with the process, shall forthwith be transmitted by the sheriff clerk to the clerk of the Bill chamber; and the Lord Ordinary's decision shall, when not expressly made final by this Act, be subject to review of the inner house; and it shall be competent to the inner house or the Lord Ordinary to remit to the sheriff, with instructions.
167Review of Lord Ordinary's judgments.

167. Where any judgment of the Lord Ordinary is to be brought under review of the inner house, the same shall be done by a reclaiming note in common form presented within fourteen days from the date of the judgment; and such reclaiming note shall be disposed of by the inner house as speedily as the forms of court will allow.
168Regulation by sheriff of interim possession.

168. During the dependence of appeals or petitions and complaints, it shall be competent to the sheriff to give such orders as may be necessary to regulate the interim possession and administration of the estate.
169Appeals to House of Lords.

169. If any appeal shall be made to the House of Lords, the sequestration shall, in all respects not inconsistent with or injurious to the interests which may be affected by the appeal, proceed without interruption, and the Lord Ordinary shall make such orders as may be necessary to regulate the interim possession and management of the estate, and which orders shall not be subject to appeal.
170Deliverances, extracts, and copies, shall form evidence.

170. All deliverances under this Act purporting to be signed by the Lord Ordinary or by any of the judges of the Court of Session, or by the sheriff, as well as all extracts or copies thereof or from the books of the Court of Session or the sheriff court purporting to be signed or certified by any clerk of court, or sheriff clerk, or extracts from or copies of registers purporting to be made by the keeper thereof, or extractor, shall be judicially noticed by all courts and judges in England, Ireland, and His Majesty's other dominions, and shall be received as prima facie evidence, without the necessity of proving their authenticity or correctness, or the signatures appended, or the official character of the persons signing, and shall be sufficient warrants for all diligence and execution by law competent.
171Deliverances, &c. may be printed. Service of citations.

171. All deliverances, bonds, schedules, and executions under this Act may be either printed or in writing, or partly both; and service or citation may be made by a competent officer without witnesses, or as directed in the Citation Amendment (Scotland) Act, 1882.
172Trustees and commissioners may compound and transact.

172. The trustee may, with consent of the commissioners, compound and transact or refer to arbitration any questions which may arise in the course of the sequestration regarding the estate, or any demand or claim made thereon, and the compromise, transaction, or decree arbitral shall be binding on the creditors and the bankrupt.
173Agents in Court of Session may be agents in causes under this Act before sheriff.

173. It shall be lawful for all agents, duly qualified to practise before the Court of Session, to practise in all sheriff courts, in so far as relates to any of the proceedings authorised by this Act to be carried on before the sheriff; provided that they shall not be entitled to payment of any higher fees than those legally exigible in such courts.
Summary Sequestrations.
174Summary sequestrations.

174. Where a debtor's assets of every description do not in the aggregate exceed three hundred pounds in value, his estate may be wound up under a summary sequestration as provided in the two following sections of this Act, and, subject to the
provisions of the said two sections, all the other provisions of this Act shall apply to summary sequestrations.

175Petition for summary sequestration.

(1) Subject to the provisions of subsection (2) of this section, every petition for summary sequestration shall be presented to the sheriff of any sheriffdom within which the debtor has resided or carried on business during the year immediately preceding the date of the petition, and may be at the instance of the debtor, without the concurrence of any creditor, or, where the debtor is notour bankrupt, and within four months after the constitution of notour bankruptcy, at the instance of one creditor, whose claim amounts to ten pounds or upwards, or of two or more creditors whose claims in the aggregate amount to ten pounds or upwards.

(2) Where the petition is at the instance of one or more creditors, who do not know within which sheriffdom the debtor resided or carried on business during the year immediately preceding the date of the petition, or if the debtor be furth of Scotland, then the petition may be presented to the Court of Session in the Bill chamber.

(3) With every petition for summary sequestration at the instance of the debtor he shall lodge in the hands of the sheriff clerk a short state of his affairs, subscribed by himself, which state of affairs shall specify the particulars required by section seventy-seven of this Act.

(4) The first deliverance on every petition for summary sequestration at the instance of one or more creditors shall, in addition to a warrant to cite, contain an order on the debtor, ordaining him, within six days after the service of the said order, to lodge in the hands of the sheriff clerk, or clerk of the bills, as the case may be, a short state of his affairs, subscribed by himself, which state of affairs shall specify the particulars required by section seventy-seven of this Act.

(5) The judge to whom a petition for summary sequestration is presented may refuse the petition, with or without expenses, or may award sequestration: Provided that, if he award sequestration, such sequestration may be recalled in accordance with the provisions of this Act.

(6) Where the judge, to whom a petition for summary sequestration is presented, awards sequestration, he may either order that the sequestration shall proceed as a summary sequestration or (if from the fact that the state of affairs lodged by the bankrupt shows that the assets exceed three hundred pounds in value, or for some other reason, he be of opinion that it is not expedient that the sequestration so proceed) he may make no such order, and in the latter case the provisions of this section and of sections one hundred and seventy-four and one hundred and seventy-six of this Act shall no longer apply. The decision of the judge under this subsection shall be final on the question whether the sequestration is or is not to proceed as a summary sequestration, without prejudice to the sequestration being recalled in accordance with the provisions of this Act.

176Procedure in summary sequestrations.

176. The procedure enacted in this Act with regard to sequestration shall, in its application to summary sequestrations, be modified to the extent and effect following (that is to say):—
(1) The trustee, within seven days after the date of deliverance declaring his election, shall apply orally to the sheriff to fix a diet for the examination of the bankrupt, and the sheriff shall by deliverance ordain the bankrupt to appear for public examination within the sheriff court house on a specified day and at a specified hour, and at the diet so appointed the bankrupt shall appear in public court, in presence of the sheriff for examination:

(2) As soon as the trustee obtains his act and warrant, he shall take possession of all the property of the bankrupt and also of all his books and papers:

(3) Not less than seven days prior to the diet fixed for the public examination of the bankrupt, the trustee shall give notice to the bankrupt requiring him to attend the said diet and shall also give notice in the Gazette, and he shall also post to each creditor, who has lodged a claim, or who is mentioned in the bankrupt's state of affairs, or is otherwise known to the trustee, a circular, which notice and circular shall intimate the trustee's name.and designation, his appointment as trustee, the day, how, and place fixed for the examination of the bankrupt, the period within which claims should be lodged, and also a specified day, hour, and place for holding a second meeting of creditors:

(4) Creditors shall transmit their oaths and claims and grounds of debt to the trustee, not less than twenty-one days before the said second meeting:

(5) Where a dividend is to be made, the trustee shall, not less than fourteen days prior to the said second meeting, adjudicate upon the claims of the creditors, admitting or rejecting them in whole or in part, and he shall prepare a list thereof, with his deliverance thereon, which list, with the claims, vouchers, and whole process, shall be open to inspection by the bankrupt, and by the creditors, and, where the trustee shall reject in whole or in part any claim, he shall post notice thereof to the creditor ten days at least before the said second meeting of creditors:

  (6)—(a ) (1) Where the bankrupt or any creditor intends to object to any deliverance by the trustee, admitting in whole or in part any claim, or (2) where any creditor intends to object to any deliverance, ranking any

other creditor, or (3) where a creditor intends to object to a deliverance, rejecting in whole or in part his claim, the bankrupt or the objecting creditor respectively shall, in the first or second case, give notice to the trustee and to any creditor whose claim is objected to, and in the third case to the trustee, of his intention and of the nature and particulars of the objection, by registered letter, posted three days at least before the said second meeting, and there shall be produced a copy of the letter of notice and the post office receipt for the letter at the said meeting:
  (b ) Where such notice has been given, the trustee shall apply orally to the sheriff to fix a diet for the summary disposal of such objections, and, upon the diet being fixed, the sheriff clerk shall issue to the bankrupt, the trustee, or to any creditor desiring to lead evidence, a diligence to cite witnesses and havers for that and any adjourned diet. The sheriff may, when necessary, grant second diligence:

  (c ) At the diet so fixed for hearing objections the sheriff shall hear parties viv voce, and after such proof, if any, as he may allow (which proof shall be recorded if desired by any of the parties), shall dispose of the objections summarily, and settle the ranking of the creditors so objected to. The sheriff may adjourn consideration of any of the matters mentioned in this subsection to another diet or diets:

  (d ) In his interlocutor disposing of the objections, the sheriff shall issue findings in fact and in law on which his judgment proceeds.

Where the proof has not been recorded, the sheriff's findings in fact shall be final, and any party dissatisfied with the sheriff's judgment may appeal against his findings in law in the manner provided in section one hundred and sixty-six of this Act, and, where the proof has been recorded, any creditor may appeal against the sheriff's findings in fact and in law in the manner provided in section one hundred and sixty-six of this Act:

(7) At the second meeting of creditors the trustee shall attend, and the creditors may also attend by themselves or their mandatories, and the trustee and commissioners may fix a date for payment of the first or final dividend, or may postpone payment of a dividend to a date not later than three months after the date of the said second meeting:

(8) If, at the second meeting, it is apparent to the trustee and commissioners—

(1) that, in consequence of appeals against any deliverance by the trustee, it is inexpedient to fix a time for declaring a dividend, the trustee and commissioners may determine to declare a dividend as soon after the objections have been disposed of as in their opinion it is expedient to do so; or

(2) that there will be no funds for division among the creditors, the creditors shall direct the trustee to report orally to the sheriff, and, failing such direction, the trustee may then, or at any subsequent period, orally report to the sheriff that there will be no funds for division, who may thereupon, in writing, dispense with any further procedure in the summary sequestration:

(9) Ten days at least, prior to the date fixed for the payment of a dividend, the trustee's accounts, with relative vouchers, shall be submitted to the commissioners for audit, and shall be approved of or modified and adjusted by the commissioners, who shall fix the trustee's remuneration, subject to review by the accountant at the instance of the trustee or the bankrupt or any creditor, provided that, if the trustee or any creditor intends to appeal against the deliverance of the commissioners, the appellant must intimate his appeal to the accountant within six days after the date of the deliverance appealed against, and the accountant may hear parties viv voce, and shall, as soon as convenient, issue his deliverance, which shall be final, and he may find any of the parties liable in expenses; the amount of which expenses (if any) he shall fix in his deliverance. The law agent's account shall be taxed by the auditor of the sheriff court previous to the meeting of commissioners and shall be produced thereto:

(10) If at any time subsequent to the payment of the first or any subsequent dividend the trustee shall have in hand funds, or shall be about to come into possession of funds which will admit of a dividend to the creditors, it shall be the duty of the trustee and commissioners to fix a date for payment of the second or any subsequent dividend; but, before making up a state of ranking for any such second or subsequent dividend, the trustee shall insert a notice in the Gazette not less than thirty days prior to the date fixed for the payment of the said second or subsequent dividend, and specifying a date not less than fourteen and not more than twenty-one days before the date fixed for payment of a second or subsequent dividend, as the last date for lodging claims in order to participate in the second or subsequent dividend; the trustee shall also send notice to any creditor mentioned in the debtor's state of affairs, or known to him, who has previously failed to lodge his claim, intimating the proposed dividend and stating the last day for lodging claims, and, if new claims be lodged, the trustee shall adjudicate thereon subject to an appeal as provided by subsection (6) of this section, and, if in consequence of the said new claims, or from any other cause, the state of ranking shall require to be remodelled, the trustee shall remodel the same in accordance with the provisions of subsection (5) of this section, and any additional accounts of the trustee or law agents shall be previously taxed and adjusted, all as hereinbefore provided: Provided that, in the application of the provisions of subsections (5) and (6) of this section to claims for second or subsequent dividends and deliverances and appeals relative thereto, the date for payment of the dividend shall be substituted for the second meeting: Provided further that the trustee and commissioners may, in the event of an appeal in terms of this subsection, postpone the payment of the dividend until after such appeal is finally determined:

(11) Any creditor who may have failed to lodge his claim in time to participate in any previous dividend or dividends shall, if he lodges his claim in time, be entitled to an equalising dividend as well as to the new dividend upon the amount of the claim which may be sustained:

(12) The trustee, or any creditor with the consent of the trustee and commissioners, or with the consent of the commissioners alone, may, at any time, call a meeting of creditors to consider and dispose of any matters to be specified in the notice calling such meeting:

(13) In every summary sequestration, unless the trustee shall have previously been discharged, he shall, within ten days after the expiry of six months after the date of his act and warrant, transmit to the accountant a report in duplicate of the state of such summary sequestration, specifying (1) the amount of the funds recovered, (2) the amount of the dividend or dividends paid, (3) the amount and nature of the assets not realised, (4) the reason or reasons which have prevented him from realising the said assets, and (5) an estimate of the time when, in his opinion, these assets will be realised, and the accountant may call on the trustee for any written or oral explanations the accountant may wish to obtain, and the accountant shall engross on each of the said duplicates a docquet expressing approval or disapproval of the reasons given by the trustee for failing to realise the said assets. One duplicate the accountant shall retain, and he shall deliver the other to the trustee, who shall engross the said report and docquet in the sederunt book of the estate, and the trustee shall likewise within ten days after the expiry of three months after the date of his first or any subsequent report under this subsection, transmit to the accountant an additional report specifying the particulars set forth in this subsection, which additional report shall be dealt with in the same manner as is provided with regard to the first report:

(14) After the final division of the funds, or in any case where the sheriff has, in writing, dispensed with further procedure in a summary sequestration, the trustee may apply to the accountant for a certificate that he is entitled to his discharge, and he shall deliver to the accountant the sederunt book and accounts, with a list of unclaimed dividends, if any, and the accountant may, if he be satisfied that the trustee has complied with the one hundred and fifty-third section of this Act, and with the provisions of this Act applicable to summary sequestrations, and is otherwise entitled to be discharged, and upon deposit in bank of any unclaimed dividends and unapplied balances as directed by section one hundred and fifty-three of this Act, grant to the trustee a certificate under his hand setting forth that the trustee is entitled to obtain his discharge:

(15) On obtaining the said certificate, the trustee shall orally report the fact to the sheriff, who shall fix a diet for hearing any objections which may be made to the trustee obtaining his discharge, and the trustee shall publish in the Gazette seven days at least prior to the diet so fixed for hearing objections, a notice intimating the same, and, if the bankrupt or any creditor shall appear at the diet so fixed, parties shall be heard viv voce, or if the sheriff thinks it expedient he may make a note of any objection, and of the trustee's answer thereto, and after such proof, if any, as he may allow, he may dispose of the objections summarily by granting or refusing the trustee his discharge. The sheriff may adjourn consideration of any matters mentioned in this subsection to any other diet or diets, and he may grant warrant to cite witnesses and havers, and, in the event of the discharge being granted, the sheriff's judgment shall be final, and he shall issue an interlocutor exonerating and discharging the trustee of all his actings and intromissions, and shall order his bond of caution to be cancelled and delivered up, and the sheriff clerk shall forthwith transmit to the accountant a signed extract of the discharge:

(16) If the sheriff refuses to grant the trustee his discharge, the trustee may appeal against his judgment in the manner provided by section one hundred and sixty-six of this Act:

(17) Where the sheriff has in writing dispensed with further procedure in a summary sequestration, the bankrupt may at any time petition the sheriff for his discharge, and the provisions of this Act relating to the discharge of a bankrupt (except the provisions as to the periods at which the bankrupt may so petition and as to the consent of creditors) shall apply.

177Summary procedure not to apply to existing sequestrations.

177. The provisions of the three immediately preceding sections of this Act shall not apply to any sequestration awarded before the commencement of this Act.
Punishment of Fraudulent Debtors.
178Punishment of fraudulent debtors.

178. The debtor, in a process of sequestration, shall be deemed guilty of a crime and offence, and on conviction before the court of justiciary, or before the sheriff and a jury, shall be liable to be imprisoned for any time not exceeding two years, or by the sheriff summarily for any time not exceeding six months, with or without hard labour:—
(a) (a ) In each of the cases following, unless he proves to the satisfaction of the court that he had no intent to defraud, that is to say—

(1) If he does not, to the best of his knowledge and belief, fully and truly disclose the state of his affairs in terms of this Act:

(2) If he does not deliver up to the trustee all his property, and all books, documents, papers, and writings relating to his property or affairs which are in his custody or under his control, and which he is required by law to deliver up, or if he does not deal with and dispose of the same according to the directions of the trustee:

(3) If, after the presentation of the petition for sequestration, or within four months next before such presentation, he conceals any part of his property, or conceals, destroys, or mutilates, or is privy to the concealment, destruction, or mutilation of any book, document, paper, or writing relating to his property or affairs:

(4) If after, or within, the time above specified, he makes or is privy to the making of any false entry in, or otherwise falsifying any book, document, paper, or writing affecting or relating to his property or affairs:

(5) If within four months next before the presentation of the petition for sequestration he pawns, pledges, or disposes of otherwise than in the ordinary way of trade, any property which he has obtained on credit and has not paid for:

(6) If, being indebted to an amount exceeding two hundred pounds at the date of the presentation of the petition for sequestration, he has not for three years next before such date, if he has been three years in business, and if he has been less than three years in business then from the time he commenced business, kept such books or accounts as are necessary to exhibit or explain his transactions.

(b) (b ) In each of the cases following—

(1) If, knowing or believing that a false claim has been made by any person under the sequestration, he fails for the period of a month from the time of his acquiring such knowledge or belief to inform the trustee thereof:

(2) If, after the presentation of the petition for sequestration, or at any meeting of his creditors within four months next before such presentation, he attempts to account for any part of his property by fictitious losses or expenses:

(3) If, within four months next before the presentation of the petition for sequestration, he, by any false representation or other fraud, has obtained any property on credit and has not paid for the same:

(4) If, after the date of awarding sequestration, or within four months prior thereto, he absconds from Scotland, or makes preparations to abscond for the purpose of avoiding examination or other proceedings at the instance of his creditors, or taking with him property which ought by law to be divided amongst his creditors to the amount of twenty pounds or upwards, or if he fails, having no reasonable excuse (after receiving due notice), to attend the public examination appointed by the sheriff, or to submit himself for examination in terms of this Act:

(5) If, being insolvent, and with intent to defraud his creditors, or any of them, he makes or causes to be made any girt, delivery, or transfer of, or any charge on or affecting his property:

(6) If he fails without reasonable excuse to deliver or lodge in process in obedience to any order lawfully served upon him, a state of his affairs subscribed by him, giving the particulars specified in the said order.

179False claim a crime and offence.

179. If any creditor under any petition for sequestration wilfully, and with intent to defraud, makes any false claim, or makes or tenders any proof, affidavit, declaration, or statement of account which is untrue in any material particular, he shall be deemed guilty of a crime and offence, and may be dealt with and punished as if he had been guilty of a crime and offence under section one hundred and seventy-eight, subsection (b ), of this Act, and that section shall apply accordingly.
180Trustee to report to Lord Advocate.

180. It shall be the duty of the trustee in any process of sequestration, if he has reasonable grounds to suspect that the bankrupt has been guilty of any offences under this Act, to report the same to the Lord Advocate, who shall direct such inquiry and take such proceedings as he shall think fit.
181Offences punishable otherwise.

181. Where any person is liable under any other Act of Parliament or at common law to any punishment or penalty for any offence made punishable by this Act, such person may be proceeded against under such other Act of Parliament or at common law or under this Act, so that he be not punished twice for the same offence.
182Undischarged bankrupt obtaining credit.

182. Where an undischarged bankrupt obtains credit to the extent of ten pounds or upwards from any person without informing such person that he is an undischarged bankrupt, he shall be guilty of a crime and offence, and may be dealt with and punished as if he had been guilty of a crime and offence under section one hundred and seventy-eight subsection (b ) of this Act, and that section shall apply accordingly.
Frauds and Disabilities.
183Application of s. 32 of Bankruptcy Act, 1883, to Scotland.

183. In the application of section thirty-two of the Bankruptcy Act, 1883, to Scotland, the following provisions shall have effect:—
(1) The expression “adjudged bankrupt” shall include the case of a person whose estate has been sequestrated by a competent court in Scotland:

(2) A person adjudged bankrupt shall be disqualified from being elected to or holding or exercising the office of dean of guild, deacon-convener of trades, or member of a town, county, or parish council or school board, or of any local authority under any Act for the time being in force (whether passed before or after the commencement of this Act) relating to local government in Scotland:

(3) The disqualifications to which a person adjudged bankrupt is subject under the said section as amended by this Act shall be removed and cease if and when—

  (a ) The sequestration of his estate is recalled or reduced; or

  (b ) He obtains his discharge from a competent court.

184Application of ss. 33 and 34 of said Act to Scotland.

184. Sections thirty-three and thirty-four of the Bankruptcy Act, 1883, shall apply to Scotland, subject to the following provisions:—
(1) In each of the said sections the expression “adjudged bankrupt” shall have the meaning assigned to it in the immediately preceding section of this Act:

(2) In the said section thirty-three the expression “order” shall include “deliverance or decree,” and the expression “court” shall include the court in Scotland pronouncing the deliverance or decree:

(3) The said section thirty-four shall be deemed to apply to any person whilst holding the office of dean of guild, deacon-convener of trades, or member of a town, county, or parish council or school hoard, or of any local authority under any Act for the time being in force (whether passed before or after the commencement of this Act) relating to local government in Scotland.

Voluntary Trust Deeds for behoof of Creditors.
185Audit of trustee's accounts.

185. In the case of every voluntary trust deed granted after the commencement of this Act by an insolvent for behoof of his creditors generally, where there is no provision made in gremio of the trust deed for the audit of the trustee's accounts, and the fixing of his remuneration by a committee of the creditors, or where such committee is not appointed or does not act, the trustee, before making a final division of the estate among the creditors, shall submit his accounts to the accountant, who shall audit the same and fix the amount of the trustee's remuneration; and the accountant may, and is hereby authorised to make such regulations as he may deem expedient for giving effect to the requirements of this section. Any trustee who shall fail to observe the provisions of this section, or of the regulations, if any, made by the accountant, shall forfeit all claim to commission or other remuneration in respect of his acting as trustee.
Miscellaneous Provisions.
186Punishment of wilful false-hood.

186. If any person shall be guilty of wilful falsehood in any oath made in pursuance of this Act, he shall be liable to a prosecution, either at the instance of the Lord Advocate, or at the instance of the trustee, with the concurrence of the Lord Advocate; provided that, in the latter case, the prosecution shall be authorised by a majority of the creditors present at a meeting to be called for the purpose; and such person shall, on conviction, besides the awarded punishment, forfeit to the trustee, for behoof of the creditors, his whole right, claim, and interest in or upon the sequestrated estate, and the same shall be distributed, either under the sequestration, or, if it be closed, under a process of multiplepoinding, as is hereinbefore provided.
187Trustee may be authorised to receive and open post letters.

187. The Lord Ordinary or sheriff, on cause shown, may order that for a period not exceeding three months from the date of the order all letters addressed to the bankrupt shall be delivered by the Postmaster-General, or the officers acting under him, to the sheriff clerk or trustee, to be opened in presence of the sheriff, after written notice to the bankrupt to attend, if within Scotland; and, in case the letters shall relate in whole or in part to the estate, they shall be placed in such custody as the sheriff may direct; and the Lord Ordinary or sheriff may, on cause shown, renew such order for a like period as often as shall be necessary.
188Gazette keeper to furnish copies of Gazette.

188. The keeper of the Gazette shall, on each day of publication, furnish a copy thereof to the keeper of edictal citations and to the Bill chamber clerks, and to the accountant, who shall keep the same regularly filed, and make the said Gazettes on all occasions patent to the lieges at office hours.
189Conveyances, deeds, &c. relating to estates of bankrupts, not liable to stamp or other duties.

189. All conveyances, assignations, instruments, discharges, writings, or deeds relating solely to the estate belonging to any bankrupt against whom sequestration has been or may be awarded, either under this or any former Act, and which estate, after the execution of such conveyances, assignations, instruments, discharges, writings, or deeds, shall be and remain the property of such bankrupt, for the benefit of his creditors, or the trustees appointed or chosen under or by virtue of such sequestration, and all discharges to such bankrupt, and all deeds, assignations, instruments, or writings for reinvesting such bankrupt in the estate, and all powers of attorney, commissions, factories, oaths, affidavits, articles of roup or sale, submissions, decrees arbitral, and all other instruments and writings whatsoever, relating solely to the estate of such bankrupt, and all other deeds or writings forming a part of the proceedings ordered under such sequestration, shall be exempt from all stamp duties or other Government duty.
190Power to Court of Session, by act of sederunt, to apportion duties and regulate procedure in relation to this Act.

190. It shall be lawful for the judges of the Court of Session, either during session or vacation, by an act or acts of sederunt, from time to time to apportion the duties to be performed by the officers in the Bill chamber, or in the said court, or in the sheriff courts, and to regulate procedure in relation to this Act, in so far as consistent therewith, and to make regulations with regard to the finding of caution by trustees, and to alter, amend, or add to the provisions of this Act regulating procedure in summary sequestrations and the forms contained in the schedules hereto, and to establish a table of fees to be allowed to agents, both in the Court of Session and sheriff courts, for conducting the proceedings, and to prescribe, with the sanction of the Treasury, a scale of fees and percentages to be paid to the accountant for and in respect of proceedings under this Act, and to amend or alter such act or acts from time to time.
191Repeal.

(1) The Acts mentioned in the Schedule I. to this Act are hereby repealed to the extent and effect shown in the third column of that schedule.

(2) Notwithstanding the provisions of this section, every process of cessio bonorum initiated before the commencement of this Act shall proceed in the same manner and with the same incidents as if this Act had not passed, and for the purpose of every such process the Act or Acts under which the process was initiated shall be deemed to remain in full force.

192Commencement.

192. This Act shall come into operation on the first day of January nineteen hundred and fourteen, and all proceedings subsequent to that date in every sequestration initiated prior thereto, shall, subject to the provisions of section one hundred and seventy-seven of this Act, be regulated by the provisions of this Act: Provided that this Act shall not operate—
(1) So as to transfer to or vest in the trustee in any sequestration so initiated any property, right, title, or interest of the debtor which has not already been so transferred or vested, and would not have been so transferred or vested if this Act had not passed; or

(2) So as to oblige or compel the bankrupt in any sequestration so initiated to grant any deed for the recovery or disposal of his estate, which he could not have been obliged or compelled to grant if this Act had not passed.

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1Power to prosecute offences summarily.

(1) Any offence under, or which may be dealt with as if it were an offence under, the Debtors Act, 1869 , alleged to have been committed by a person who has been adjudged bankrupt, or in respect of whose estate a receiving order has been made, may be prosecuted summarily, and, if so prosecuted, references in the enactments creating those offences to the jury shall be construed as references to a court of summary jurisdiction:
Provided that—

  (a ) the maximum term of imprisonment, with or without hard labour, which may be awarded by a court of summary jurisdiction for any such offence shall be six months; and
  (b ) summary proceedings in respect of any such offence shall not be instituted after one year from the first discovery thereof either by the Official Receiver or by the trustee in the bankruptcy, or, in the case of proceedings instituted by a creditor, by the creditor, nor in any case shall they be instituted after three years from the commission of the offence.
(2) Where the prosecution of a person for any such offence is ordered by the court, and the order of the court is made on the application of the Official Receiver and based on his report, the Board of Trade may, notwithstanding anything in section one hundred and sixty-six of the Bankruptcy Act, 1883 (herein-after referred to as “the principal Act”), themselves or through the Official Receiver institute the prosecution and carry on the proceedings, if or so long as those proceedings are conducted before a court of summary jurisdiction, unless in the course thereof circumstances arise which, in the opinion of such court or of the Board, render it desirable that the remainder of the proceedings should be carried on by the Director of Public Prosecutions.
2Provisions with respect to offences under the Debtors Act, 1869.

(1) Where under the Debtors Act, 1869, an act or default committed by a person who has been adjudged bankrupt, or in respect of whose estate a receiving order has been made, is an offence unless the jury are satisfied that he had no intent to defraud, or (as the case may be) to conceal the state of his affairs or to defeat the law, it is hereby declared that the onus of proving the absence of such intent lies upon the person accused, and that it is not necessary to allege in the indictment or information charging the offence, or to prove, any such intent.
(2) Any acts or defaults committed after the commencement of this Act by any person who has been adjudged bankrupt, or in respect of whose estate a receiving order has been made, which under any of the provisions of the Debtors Act, 1869, are made offences if committed within four months next before the presentation of a bankruptcy petition by or against such person, shall be offences if committed within six months next before the presentation of such a petition.
(3) Any act or default which under paragraphs thirteen, fourteen, or fifteen of section eleven of the Debtors Act, 1869, as amended by this section, is an offence if committed within six months next before the presentation of a bankruptcy petition, shall be an offence if committed after the presentation of a bankruptcy petition and before the making of a receiving order.
(4) Paragraphs fourteen and fifteen of section eleven of the Debtors Act, 1869 (which make certain acts offences if committed by traders), shall extend to the like acts committed after the commencement of this Act by persons who are not traders, and accordingly those paragraphs in relation to persons who are not traders shall have effect as if the words “being a trader,” wherever they occur in those paragraphs, and the words “otherwise than in the ordinary way of his trade,” which occur in paragraph fifteen, were omitted therefrom.
(5) Section eleven of the Debtors Act, 1869, shall be construed and have effect as if references to the trustee administering an estate for the benefit of creditors included references to the Official Receiver.
(6) Section fourteen of the Debtors Act, 1869 (which relates to false claims by creditors), shall extend to persons claiming to be creditors, and accordingly in that section after the word “creditor” there shall be inserted the words “or any person claiming to be a creditor.”
(7) Notwithstanding anything in section sixteen of the Debtors Act, 1869, it shall not be obligatory on any court, in the absence of any application by the Official Receiver for such an order, to make an order under that section for the prosecution of an offence, unless it appears to the court not only that there is a reasonable probability that the bankrupt will be convicted, but also that the circumstances are such as to render a prosecution desirable.
(8) The Debtors Act, 1869, shall, as regards any acts or defaults committed after the commencement of this Act, have effect as if for section eleven thereof there were substituted the provisions set forth in the First Schedule to this Act, being the said section eleven as amended by subsequent enactments, including this section.
3Punishment on bankrupt failing to keep proper accounts.

(1) If any person who has on any previous occasion been adjudged bankrupt or made a composition or arrangement with his creditors is adjudged bankrupt, or if a receiving order is made in respect of his estate, he shall be guilty of an offence and may be dealt with and punished as if he had been guilty of an offence under section eleven of the Debtors Act, 1869, if, having during the whole or any part of the two years immediately preceding the date of the presentation of the bankruptcy petition been engaged in any trade or business, he has not kept proper books of account throughout those two years or such part thereof as aforesaid, and, if so engaged at the date of presentation of the petition, thereafter, whilst so engaged, up to the date of the receiving order, or has not preserved all books of account so kept:
Provided that a person who has not kept or has not preserved such books of account shall not be convicted of an offence under this section if his unsecured liabilities at the date of the receiving order did not exceed one hundred pounds, or if he proves that in the circumstances in which he traded or carried on business the omission was honest and excusable.

(2) A prosecution shall not be instituted against any person under this section except by order of the court, nor, where the receiving order in the bankruptcy is made within two years, from the commencement of this Act.
(3) For the purposes of this section, a person shall be deemed not to have kept proper books of account if he has not kept such books or accounts as are necessary to exhibit or explain his transactions and financial position in his trade or business, including a book or books containing entries from day to day in sufficient detail of all cash received and cash paid, and, where the trade or business has involved dealings in goods, also accounts of all goods sold and purchased, and statements of annual stocktakings.
(4) Paragraphs (9), (10) and (11) of section eleven of the Debtors Act, 1869 (which relate to the destruction, mutilation and falsification and other fraudulent dealing with books and documents), shall, in their application to such books as aforesaid, have effect as if “two years next before the presentation of the bankruptcy petition” were substituted for the time mentioned in those paragraphs as the time prior to the presentation within which the acts or omissions specified in those paragraphs constitute an offence.
4Punishment of bankrupt for gambling, &c.

(1) Any person who has been adjudged bankrupt, or in respect of whose estate a receiving order has been made, shall be guilty of an offence, and may be dealt with and punished as if he had been guilty of an offence under section eleven of the Debtors Act, 1869, if, having been engaged in any trade or business, and having outstanding at the date of the receiving order any debts contracted in the course and for the purposes of such trade or business,—
  (a ) he has, within two years prior to the presentation of the bankruptcy petition, materially contributed to or increased the extent of his insolvency by gambling or by rash and hazardous speculations, and such gambling or speculations are unconnected with his trade or business; or
  (b ) he has, between the date of the presentation of the petition and the date of the receiving order, lost any part of his estate by such gambling or rash and hazardous speculations as aforesaid; or
  (c ) on being required by the Official Receiver at any time, or, in the course of his public examination, by the court, to account for the loss of any substantial part of his estate incurred within a period of a year next preceding the date of the presentation of the bankruptcy petition, or between that date and the date of the receiving order, he fails to give a satisfactory explanation of the manner in which such loss was incurred:
Provided that, in determining for the purposes of this section whether any speculations were rash and hazardous, the financial position of the accused person at the time when he entered into the speculations shall be taken into consideration.

(2) A prosecution shall not be instituted against any person under this section except by order of the court, nor, where the receiving order in the bankruptcy is made within two years, from the commencement of this Act.
5Obtaining credit by undischarged bankrupts.

(1) Where an undischarged bankrupt—
  (a ) either alone or jointly with any other person obtains credit to the extent of ten pounds or upwards from any person without informing such person that he is an undischarged bankrupt; or
  (b ) engages in any trade or business under a name other than that under which he was adjudicated bankrupt without disclosing to all persons with whom he enters into any business transaction the name under which he was adjudicated bankrupt;
he shall be guilty of an offence and may be dealt with and punished as if he had been guilty of an offence under section eleven of the Debtors Act, 1869.

(2) Section thirty-one of the principal Act is hereby repealed.
6Amendment of provisions as to discharge.

6. Where under section eight of the Bankruptcy Act, 1890, an application is made by a bankrupt for his discharge, the period for which the discharge may be suspended may, notwithstanding anything in subsection (2) of that section, be a period of
less than two years if of the facts referred to in that subsection the only fact proved is that the bankrupt's assets are not of a value equal to ten shillings in the pound on the amount of his unsecured liabilities.

7Security in cases of compositions and schemes of arrangement.

7.“Five shillings in the pound” shall be substituted for “seven shillings and sixpence in the pound” in subsection (9) of section three of the Bankruptcy Act, 1890, as the sum for the payment of which reasonable security must be provided under the circumstances stated in that subsection before the court may approve a proposal by a debtor for a composition in satisfaction of his debts or for a scheme of arrangement of his affairs.
8Meaning of “debtor” in Bankruptcy Acts.

8. In the Bankruptcy Acts, 1883 and 1890, and in this Act, the expression “a debtor,” unless the context otherwise implies, includes any person, whether a British subject or not, who at the time when any act of bankruptcy was done or suffered by him—
a ) was personally present in England; or


b ) ordinarily resided or had a place of residence in England; or


c ) was carrying on business in England, personally, or by means of an agent or manager; or


d ) was a member of a firm or partnership which carried on business in England.


9Conditions on which creditor may petition.

9. For paragraph (d ) of subsection (1) of section six of the principal Act (which relates to the conditions on which a creditor may present a bankruptcy petition), the following paragraph shall be substituted:—
d ) The debtor is domiciled in England, or within a year before the date of the presentation of the petition has ordinarily resided, or had a dwelling-house or place of business, in England, or (except in the case of a person domiciled in Scotland or Ireland or a firm or partnership having its principal place of business in Scotland or Ireland) has carried on business in England, personally or by means of an agent or manager, or (except as aforesaid) is or within the said period has been a member of a firm or partnership of persons which has carried on business in England by means of a partner or partners, or an agent or manager.”


10Validity of certain payments to bankrupt and assignee.

10. A payment of money, or delivery of property, to a person subsequently adjudged bankrupt, or to a person claiming by assignment from him shall, notwithstanding anything in the enactments relating to bankruptcy, be a good discharge to the person paying the money or delivering the property, if the payment or delivery is made before the actual date on which the receiving order is made and (except in cases where the receiving
order is made under subsection (5) of section one hundred and three of the principal Act) without notice of the presentation of a bankruptcy petition, and is either pursuant to the ordinary course of business or otherwise bon fide.

11Dealings with undischarged bankrupt.

(1) All transactions by a bankrupt with any person dealing with him bon fide and for value in respect of property, whether real or personal, acquired by the bankrupt after the adjudication shall, if completed before any intervention by the trustee, be valid against the trustee, and any estate or interest in such property which by virtue of the enactments relating to bankruptcy is vested in the trustee shall determine and pass in such manner and to such extent as may be required for giving effect to any such transaction.

This subsection shall apply to transactions with respect to real property completed before the commencement of this Act in any case where there has not been any intervention by the trustee before that date.

For the purposes of this subsection, the receipt of any money, security, or negotiable instrument from, or by the order or direction of, a bankrupt by his banker, and any payment and any delivery of any security or negotiable instrument made to, or by the order or direction of, a bankrupt by his banker, shall be deemed to be a transaction by the bankrupt with such banker dealing with him for value.

(2) Where a banker has ascertained that a person having an account with him is an undischarged bankrupt, then, unless the banker is satisfied that the account is on behalf of some other person, it shall be his duty forthwith to inform the trustee in bankruptcy or the Board of Trade of the existence of the account, and thereafter he shall not make any payments out of the account except under an order of the court or in accordance with instructions from the trustee in bankruptcy, unless by the expiration of one month from the date of giving the information no instructions have been received from the trustee.

(3) In the event of a second or subsequent receiving order being made against a bankrupt, any property acquired by him since he was last adjudged bankrupt which at the date when the subsequent petition was presented had not been distributed amongst the creditors in such last preceding bankruptcy, shall (subject to any dissipation thereof made by the official receiver or trustee in that bankruptcy, without knowledge of the presentation of the subsequent petition and subject to the provisions of subsection (1) of this section) vest in the trustee in the subsequent bankruptcy, but any unsatisfied balance of the debts provable under the last preceding bankruptcy may be proved in the subsequent bankruptcy by the trustee in the last preceding bankruptcy.

(4) Where the trustee in any bankruptcy receives notice of a subsequent petition in bankruptcy against the bankrupt, he shall hold any property then in his possession which has been acquired by the bankrupt since he was adjudged bankrupt until the subsequent petition has been disposed of, and, if on the subsequent petition an order of adjudication is made, he shall transfer all such property or the proceeds thereof (after deducting his costs and expenses) to the trustee in the subsequent bankruptcy.

12Married women.

(1) Every married woman who carries on a trade or business, whether separately from her husband or not, shall be subject to the bankruptcy laws as if she were a feme sole.

(2) Where a married woman carries on a trade or business and a final judgment or order has been obtained against her, whether or not expressed to be payable out of her separate property, for any amount, that judgment on order shall be available for bankruptcy proceedings against her by a bankruptcy notice as though she were personally bound to pay the judgment debt or sum ordered to be paid.

(3) Where a married woman who has been adjudged bankrupt has separate property the income of which is subject to a restraint on anticipation, the court shall have power, on the application of the trustee, to order that during such time as the court may order the whole or some part of such income be paid to the trustee for distribution among the creditors, and in the exercise of such power the court shall have regard to the means of subsistence available for such woman and her children.

(4) Where a married woman has been adjudged bankrupt, her husband shall not be entitled to claim any dividend as a creditor in respect of any money or other estate lent or entrusted by him to his wife for the purposes of her trade or business until all claims of the other creditors of his wife for valuable consideration in money or money's worth have been satisfied.

13Amendment of s. 47 of principal Act as to the avoidance of settlements.

13. The following subsections shall be substituted for subsection (2) of section forty-seven of the Bankruptcy Act, 1883, which relates to the avoidance of settlements:—
(2) Any covenant or contract made by any person (hereinafter called the settlor) in consideration of his or her marriage, either for the future payment of money for the benefit of the settlor's wife or husband, or children, or for the future settlement on or for the settlor's wife or husband or children of property, wherein the settlor had not at the date of the marriage any estate or interest, whether vested or contingent, in possession or remainder, and not being money or property in right of the settlor's wife or husband, shall, if the settlor is adjudged bankrupt and the covenant or contract has not been executed at the date of the commencement of his bankruptcy, be void against the trustee in bankruptcy, except so far as it enables the persons entitled under the covenant or contract to claim for dividend in the settlor's bankruptcy under or in respect of the covenant or contract, but any such claim to dividend shall be postponed until all claims of the other creditors for valuable consideration in money or money's worth have been satisfied.

(2A) (2a ) Any payment of money (not being payment of premiums on a policy of life assurance) or any transfer of property made by the settlor in pursuance of such a covenant or contract as aforesaid shall be void against the trustee in the settlor's bankruptcy, unless the persons to whom the payment or transfer was made, prove, either—

  (a ) that the payment or transfer was made more than two years before the date of the commencement of the bankruptcy; or

  (b ) that at the date of the payment or transfer the settlor was able to pay all his debts without the aid of the money so paid or the property so transferred; or

  (c ) that the payment or transfer was made in pursuance of a covenant or contract to pay or transfer money or property expected to come to the settlor from or on the death of a particular person named in the covenant or contract and was made within three months after the money or property came into the possession or under the control of the settlor:

but, in the event of any such payment or transfer being declared void, the persons to whom it was made shall be entitled to claim for dividend under or in respect of the covenant or contract in like manner as if it had not been executed at the commencement of the bankruptcy.”

14Avoidance of general assignments of book debts unless registered.

(1) Where a person engaged in any trade or business makes an assignment to any other person of his existing or future book debts or any class thereof, and is subsequently adjudicated bankrupt, the assignment shall be void against the trustee as regards any book debts which have not been paid at the commencement of the bankruptcy unless the assignment has been registered as if the assignment were a bill of sale given otherwise than by way of security for the payment of a sum of money, and the provisions of the Bills of Sale Act, 1878 , with respect to the registration of bills of sale shall apply accordingly, subject to such necessary modifications as may be made by rules under that Act:

Provided that nothing in this section shall have effect so as to render void any assignment of book debts due at the date of the assignment from specified debtors, or of debts growing due under specified contract, or any assignment of book debts included in a transfer of a business made bona fide and for value, or in any assignment of assets for the benefit of creditors generally.

(2) For the purposes of this section, “assignments” include assignments by way of security and other charges on book debts.

15Protection of sheriff, &c. selling goods under execution without notice of claim by third party.

15. Where any goods in the possession of an execution debtor at the time of seizure by a sheriff, high bailiff, or other officer charged with the enforcement of a writ, warrant, or other process of execution, are sold by such sheriff, high bailiff, or other officer, without any claim having been made to the same, the purchaser of the goods so sold shall acquire a good title to the goods so sold, and no person shall be entitled to recover against the sheriff, high bailiff, or other officer, or anyone lawfully acting under the authority of either of them, except as provided by the Bankruptcy Acts, 1883 and 1890, for any sale of such goods or for paying over the proceeds thereof, prior to the receipt of a claim to the said goods unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable inquiry have ascertained that the goods were not the property of the execution debtor: Provided that nothing in this section contained shall affect the right of any claimant who may prove that at the time of sale he had a title to any goods so seized and sold to any remedy to which he may be entitled against any person other than such sheriff, high bailiff, or other officer as aforesaid.
16Amendment of s. 4 \(1) \(g) of principal Act as to acts of bankruptcy.

(1) Section four of the principal Act (which relates to acts of bankruptcy) shall have effect as though in paragraph (g thereof (which makes it an act of bankruptcy to fail to pay a judgment debt after bankruptcy notice where bankruptcy notice has been served) and in section one of the Bankruptcy Act, 1890, references to final orders and to sums ordered to be paid were included in the references to final judgments and judgment debts respectively wherever the same occur, and a reference to the proceedings in which the order was obtained was included in the reference to the action in which the judgment was obtained.

(2) Notwithstanding anything in the said paragraph (g ):—

(i) a bankruptcy notice may specify an agent to act on behalf of the creditor in respect of any payment or other thing required by the notice to be made to, or done to the satisfaction of, the creditor;

(ii) a bankruptcy notice shall not be invalidated by reason only that the sum specified in the notice as the amount due exceeds the amount actually due, unless the debtor within the time allowed for payment gives notice to the creditor that he disputes the validity of the notice on the ground of such misstatement, but, if the debtor does not give such notice, he shall be deemed to have complied with the bankruptcy notice if within the time allowed he takes such steps as would have constituted a compliance with the notice had the actual amount due been correctly specified therein.

17Amendment of s. 22 of principal Act as to committee of inspection.

17. The power under section twenty-two of the principal Act to appoint at a meeting of creditors as members of a committee of inspection the holders of general proxies or general powers of attorney from the creditors shall be deemed to include the power to appoint a person subject to his subsequently becoming the holder of such a general proxy or general power of attorney: Provided that a person appointed a member of a committee of inspection under this provision shall not be qualified to act until he holds such a proxy or power of attorney.
18Landlord's power of distress in case of bankruptcy.

(1) Where in exercise of the power conferred by section forty-two of the principal Act the landlord or other person to whom any rent is due from a bankrupt distrains upon the goods or effects of the bankrupt for rent due from the bankrupt, such distress for rent, if levied after the commencement of the bankruptcy, shall not be available for rent payable in respect of any period subsequent to the date when the distress was levied, and accordingly in subsection (1) of that section, after the words “order of adjudication” there shall be inserted the words “and shall not be available for rent payable in respect of any period subsequent to the date when the distress was levied.”

(2) Where any goods of a debtor have been taken in execution, the limit on the amount of rent which the party at whose suit the execution is sued out is liable to pay to the landlord under section one of the Landlord and Tenant Act, 1709 , or which the landlord is entitled to be paid under section one hundred and sixty of the County Courts Act, 1888 , shall, unless notice of claim for rent due has been served on the sheriff or bailiff or other officer levying the execution by or on behalf of the landlord before the commencement of the debtor's bankruptcy, be six months' rent, instead of one year's rent, and the rights of the landlord under the said provisions shall not extend to any claim for rent payable in respect of any period subsequent to the date of such notice unless such notice was served as aforesaid before the commencement of the debtor's bankruptcy.

(3) Nothing in the last preceding subsection shall be construed as imposing any liability on the sheriff, bailiff, or other officer levying the execution, or on the person at whose suit the execution was sued out, to account for any sum actually paid to the landlord by him before notice was served on him that a receiving order had been made against the debtor, but the landlord shall be liable to pay to the trustee in the bankruptcy any sum he may have received from such sheriff, bailiff, officer, or person as aforesaid in excess of the amount which he was entitled to be paid, without prejudice, however, to the right of the landlord to prove for the amount of such excess.

19Removal of trustee.

(1) If the Board of Trade are of opinion that any trusteeship in bankruptcy is being needlessly protracted without any probable advantage to the creditors, the Board may remove the trustee from his office, but, if the creditors by ordinary resolution disapprove of his removal, he or they may appeal against it to the High Court.

(2) Where on the release, removal, resignation, or death of a trustee in bankruptcy an official receiver is acting as trustee, he may disclaim any onerous property of the bankrupt which might be disclaimed by a trustee under section fifty-five of the principal Act, notwithstanding that the time prescribed by that section for such disclaimer has expired, but such power of disclaimer shall be exercisable only within twelve months after the official receiver has become trustee in the circumstances aforesaid or has become aware of the existence of such onerous property, whichever period may last expire.

20Power to order payment into local banks in certain cases.

20. In any bankruptcy composition or scheme of arrangement in which the Official Receiver is acting as trustee or in which a trustee is acting without a committee of inspection, the Board of Trade may, if for special reasons they think fit to do so, and notwithstanding anything in section seventy-four of the principal Act, upon the application of the Official Receiver or other trustee authorise the trustee to make his payments into and out of such local bank as the Board may direct.
Such account shall be opened and kept by the trustee in the name of the debtor's estate, and any interest receivable in respect of the account shall be part of the assets of the estate.

The trustee shall make his payments into and out of such local bank in the prescribed manner.

21Provisions as to estates of persons dying insolvent.

(1) The following provisions, namely—

Section twenty-seven of the principal Act (which relates to the discovery of a debtor's property);

Section seventy-three of the principal Act (which relates to the cost of trustees, managers, and other persons);

Section one hundred and twenty-one of the principal Act (which related to the summary administration of small estates); and

Subsection (2) of section six of the Bankruptcy (Discharge and Closure) Act, 1887 (which relates to the duties and liabilities of an official receiver or official assignee who has been released);

shall, so far as the same are applicable, apply in the case of the administration in bankruptcy of the estate of a person dying insolvent in like manner as in the case of the administration of the estate of a person adjudged bankrupt, and section one hundred and twenty-five of the principal Act (which relates to the administration in bankruptcy of the estates of persons dying insolvent) shall have effect accordingly as though the above-mentioned provisions were included amongst the provisions of the principal Act applied in such a case by subsection (6) of that section, but subject to any modifications that may be made therein by general rules under subsection (11) of that section for adapting them to such case as aforesaid.

(2) If no committee of inspection is appointed under subsection (3) of section twenty-one of the Bankruptcy Act, 1890, in the case of a person dying insolvent, any act or thing or any direction or permission which might have been done or given by a committee of inspection may be done or given by the Board of Trade.

(3) A petition for the administration of the estate of a deceased debtor under section one hundred and twenty-five of the principal Act may be presented by the legal personal representative of the debtor; and, where a petition is so presented by such a representative, that section shall apply subject to such modifications as may be prescribed by general rules made under subsection (11) of that section.

22Amendment of s. 23 of the Act of 1890 as to interest on debt.

22. In dealing with any proof of a debt to which section twenty-three of the Bankruptcy Act, 1890 (which relates to interest on debts) applies, the following rules shall be observed:—
a ) Any account settled between the debtor and the creditor within three years preceding the date of the receiving order may be examined, and, if it appears that the settlement of the account forms substantially one transaction with any debt alleged to be due out of the debtor's estate (whether in the form of renewal of a loan or capitalisation of interest or ascertainment of loans or otherwise), the account may be re-opened and the whole transaction treated as one;


b ) Any payments made by the debtor to the creditor before the receiving order, whether by way of bonus or otherwise, and any sums received by the creditor before the receiving order from the realisation of any security for the debt shall, notwithstanding any agreement to the contrary, be appropriated to principal and interest in the proportion that the principal bears to the sum payable as interest at the agreed rate;


c ) Where the debt due is secured and the security is realised after the receiving order, or the value thereof is assessed in the proof, the amount realised or assessed shall be appropriated to the satisfaction of principal and interest in the proportion that the principal bears to the sum payable as interest at the agreed rate.


23Protection of official receivers and trustees from personal liability in certain cases.

23. Where the Official Receiver or trustee has seized or disposed of any goods, chattels, property, or other effects in the possession or on the premises of a debtor against whom a receiving order has been made, without notice of any claim by
any person in respect of the same, and it is thereafter made to appear that the said goods, chattels, property, or other effects were not, at the date of the receiving order, the property of the debtor, the Official Receiver or trustee shall not be personally liable for any loss or damage arising from such seizure or disposal sustained by any person claiming such property, nor for the costs of any proceedings taken to establish a claim thereto, unless the court is of opinion that the Official Receiver or trustee has been guilty of negligence in respect of the same.

24Application of bankruptcy law to limited partnerships.

(1) The enactments relating to bankruptcy shall, subject to such modifications as may be made by general rules under the principal Act, apply to limited partnerships in like manner as if limited partnerships were ordinary partnerships, and, on all the general partners of a limited partnership being adjudged bankrupt, the assets of the limited partnership shall vest in the trustee.

(2) Such of the provisions of the Companies (Consolidation) Act, 1908 , as relate to the winding up of limited partnerships shall be repealed as respects England.

25Provisions as to copyright.

25. Where the property of a bankrupt comprises the copyright in any work or any interest in such copyright, and he is liable to pay to the author of the work royalties or a share of the profits in respect thereof, the trustee in the bankruptcy shall not be entitled to sell, or authorise the sale of, any copies of the work, or to perform or authorise the performance of the work, except on the terms of paying to the author such sums by way of royalty or share of the profits as would have been payable by the bankrupt, nor shall he, without the consent of the author or of the court, be entitled to assign the right or transfer the interest or to grant any interest in the right by licence except upon terms which will secure to the author payments by way of royalty or share of profits at a rate not less than that which the bankrupt was liable to pay.
26Right of trustee to inspect goods pawned, &c.

26. Where any goods of a debtor against whom a receiving order has been made are held by any person by way of pledge, pawn, or other security, it shall be lawful for the official receiver or trustee of the debtor's estate, after giving notice in writing of his intention to do so, to inspect the goods, and, where such notice has been given, such person as aforesaid shall not be entitled to realise his security until he has given the trustee a reasonable opportunity of inspecting the goods and of exercising his right of redemption if he thinks fit to do so.
27Minor amendments of Bankruptcy Acts.

27. The amendment specified in the second column of the Second Schedule to this Act (which relate to minor details) shall be made in the provisions of the Bankruptcy Acts, 1883 and 1890, specified in the first column of that Schedule.
Part II.

Deeds of Arrangement.
28Avoidance of deeds of arrangement unless assented to by a majority of the creditors.

(1) A deed of arrangement shall be void unless, before or within twenty-one days after the registration thereof, or within such extended time as the High Court or the court having jurisdiction in bankruptcy in the district in which the debtor resided or carried on business at the date of the execution of the deed may allow, it has received the assent of a majority in number and value of the creditors of the debtor.

(2) The list of creditors annexed to the affidavit of the debtor filed on the registration of the deed of arrangement shall be prim facie evidence of the names of the creditors and the amounts of their claims.

(3) The assent of a creditor for the purposes of subsection (1) of this section shall be established by his executing the deed of arrangement or sending to the trustee his assent in writing attested by a witness, but not otherwise.

(4) The trustee shall file with the Registrar of Bills of Sale at the time of the registration of a deed of arrangement, or, in the case of a deed of arrangement assented to after registration, within twenty-eight days after registration or within such extended time as the High Court or the court having jurisdiction in bankruptcy in the district in which the debtor resided or carried on business at the date of the execution of the deed may allow, a statutory declaration by the trustee that the requisite majority of the creditors of the debtor have assented to the deed of arrangement, which declaration shall, in favour of a purchaser for value, be conclusive evidence, and in other cases be prim facie evidence, of the fact declared.

(5) In calculating a majority of creditors for the purposes of this and the next following section, a creditor holding security upon the property of the debtor shall be reckoned as a creditor only in respect of the balance (if any) due to him after deducting the value of such security, and creditors whose debts amount to sums not exceeding ten pounds shall be reckoned in the majority in value but not in the majority in number.

29Security by trustee of deed of arrangement.

(1) The trustee under a deed of arrangement shall, within seven days from the date on which the statutory declaration certifying the assent of the creditors is filed, give security in the prescribed manner to the Registrar of the court having jurisdiction in bankruptcy in the district in which the debtor resided or carried on business at the date of the execution of the deed, or, if he then resided or carried on business in the London bankruptcy district, to the senior bankruptcy registrar of the High Court, in a sum equal to the estimated assets available for distribution amongst the unsecured creditors as shown by the affidavit filed on registration, to administer the deed properly and account fully for the assets which come to his hands, unless a majority in number and value of the assigning debtor's creditors, either by resolution passed at a meeting convened by notice to all the creditors, or by writing addressed to the trustee, dispense with his giving such security:

Provided that, when such a dispensation has been so given, the trustee shall forthwith make and file with the Registrar of Bills of Sale a statutory declaration to that effect, which declaration shall, in favour of a purchaser for value, be conclusive evidence, and in other cases be prim facie evidence of the facts declared.

(2) If a trustee under a deed of arrangement fails to comply with the requirements of this section, the court having jurisdiction in bankruptcy in the district in which the debtor resided or carried on business at the date of the execution of the deed, or, if he then resided or carried on business in the London bankruptcy district, the High Court, on the application of any creditor and after hearing such persons as it may think fit, may declare the deed of arrangement to be void or may make an order appointing another trustee in the place of the trustee appointed by the deed of arrangement.

(3) A certificate that the security required by this section has been given by a trustee, signed by the Registrar to whom it was given and filed with the Registrar of Bills of Sale, shall be conclusive evidence of the fact.

(4) All moneys received by a trustee under a deed of arrangement shall be banked by him to an account to be opened in the name of the debtor's estate.

30Penalty on trustee acting when deed of arrangement void.

30.—If a trustee acts under a deed of arrangement—
a ) after it has to his knowledge become void by reason of non-compliance with any of the requirements of the Deeds of Arrangement Act, 1887, or this Act; or


b ) after he has failed to give security within the time and in the manner provided for by this Act;


he shall be liable on summary conviction to a fine not exceeding five pounds for every day between the date on which the deed became void or the expiration of the time within which security should have been given, as the case may be, and the last day on which he is proved to have acted as trustee, unless he satisfies the court before which he is accused that his contravention of the law was due to inadvertence, or that his action has been confined to taking such steps as were necessary for the protection of the estate.

31Effect of notice to creditors of deed of arrangement.

(1) If the trustee under a deed of arrangement serves in the prescribed manner on any creditor of the debtor notice in writing of the execution of the deed and of the filing of the certificate of creditors' assents, with an intimation that the creditor will not, after the expiration of one month from the service of the notice, be entitled to present a bankruptcy petition against the debtor founded on the execution of the deed, or on any other act committed by him in the course or for the purpose of the proceedings preliminary to the execution of the deed, as an act of bankruptcy, that creditor shall not, after the expiration of that period (unless the deed becomes void), be entitled to present a bankruptcy petition against the debtor founded on the execution of the deed, or on any act so committed by him, as an act of bankruptcy.

(2) Where a deed of arrangement has become void by virtue of the Deeds of Arrangement Act, 1887, or this Act, the fact that a creditor has assented to the deed shall not disentitle him to present a bankruptcy petition founded on the execution of the deed of arrangement as an act of bankruptcy.

32Audit and accounts.

(1) Where in the course of the administration of the estate of a debtor who has executed a deed of arrangement, or within twelve months from the date when the final accounts of the estate were rendered, an application in writing is made to the Board of Trade by a majority in number and value of the creditors who have assented to the deed for an official audit of the trustee's accounts, the Board may cause the trustee's accounts to be audited, and in such case all the provisions of the Bankruptcy Act, 1883, relating to the institution and enforcement of an audit of the accounts of a trustee in bankruptcy (including the provisions as to fees) shall, with necessary modifications, apply to the audit of the trustee's accounts, and the Board shall have power on the audit to require production of a certificate for the taxed costs of any solicitor whose costs have been paid or charged by the trustee, and to disallow the whole or any part of any costs in respect of which no certificate is produced.

The Board of Trade may determine how and by what parties the costs, charges, and expenses of and incidental to the audit (including any prescribed fees chargeable in respect thereof) are to be borne, whether by the applicants or by the trustee or out of the estate, and may, before granting an application for an audit, require the applicants to give security for the costs of the audit.

(2) Every trustee under a deed of arrangement shall, at the expiration of six months from the date of the registration of the deed, and there after at the expiration of every subsequent period of six months until the estate has been finally wound up, send to each creditor who has assented to the deed a statement in the prescribed form of the trustee's accounts and of the proceedings under the deed down to the date of the statement, and shall, in his affidavit verifying his accounts transmitted to the Board of Trade, state whether or not he has duly sent such statements, and the dates on which the statements were sent; and, if a trustee fails to comply with any of the provisions of this subsection, the High Court may, for the purpose of enforcing those provisions, exercise on the application of the Board of Trade all the powers conferred on the Court by subsection (5) of section one hundred and two of the Bankruptcy Act, 1883, in cases of bankruptcy.

(3) At any time after the expiration of two years from the date of the registration of a deed of arrangement, the court having jurisdiction in bankruptcy in the district in which the debtor resided or carried on business at the date of the execution of the deed, or, if he then resided or carried on business in the London bankruptcy district, the High Court, may, on the application of the trustee or a creditor, or on the application of the debtor, order that all moneys representing unclaimed dividends and undistributed funds then in the hands of the trustee or under his control be paid into court.

33Penalty on trustees under deeds of arrangement for failure to transmit accounts.

33. If a trustee under a deed of arrangement fails to transmit the accounts of his receipts and payments as such trustee, in accordance with the requirements of paragraph (b ) of subsection (2) of section twenty-five of the Bankruptcy Act, 1890, as amended by this Act, he shall on summary conviction be liable to a fine not exceeding five pounds for each day during which the default continues, without prejudice, however, to the exercise by a judge of the High Court of the powers conferred by that paragraph for the purpose of enforcing the provisions thereof.
34Preferential payment to creditor an offence.

34. If a trustee under a deed of arrangement pays to any creditor out of the debtor's property a sum larger in proportion to the creditor's claim than that paid to other creditors entitled to the benefit of the deed, then, unless the deed authorises him to do so, or unless such payments are either made to a creditor entitled to enforce his claim by distress or are such as would be lawful in a bankruptcy, he shall be guilty of a misdemeanour.
35Courts in which applications for enforcement of trusts to be made.

35. Any application by the trustee under a deed of arrangement, or by the debtor, or by any creditor entitled to the benefit of a deed of arrangement, for the enforcement of the trusts or the determination of questions under it, shall be made to the court having jurisdiction in bankruptcy in the district in which the debtor resided or carried on business at the date of the registration of the deed, or, if he then resided or carried on business in the London bankruptcy district, to the High Court:
Provided that any question as to whether any person claiming to be a creditor entitled to the benefit of a deed of arrangement is so entitled, may, subject to rules made under the Deeds of Arrangement Act, 1887, be decided either by the court having such jurisdiction as aforesaid or by the High Court.

36Power to bankruptcy courts to appoint new trustee of deed of arrangement.

36. The power to appoint a new trustee or new trustees under section twenty-five of the Trustee Act, 1893, may, in the case of a deed of arrangement, be exercised either by the High
Court or by the court having jurisdiction in bankruptcy in the district in which the debtor resided or carried on business, and the provisions of that section shall apply accordingly.

37Extension of Act of 1887 instruments for benefit of three or more creditors.

(1) The Deeds of Arrangement Act, 1887, shall extend to any instrument of the classes mentioned in section four of that Act, made after the commencement of this Act by, for, or in respect of, the affairs of a debtor who was insolvent at the date of the execution of the instrument for the benefit of any three or more creditors, in like manner as if such instrument had been made by, for, or in respect of the affairs of the debtor for the benefit of his creditors generally, but no such instrument (unless it is in fact for the benefit of creditors generally) shall be deemed to be a deed of arrangement within the meaning of the foregoing provisions of this Part of this Act, except such of those provisions as impose penalties on trustees for failure to transmit accounts.

(2) For the purposes of this section, any two or more joint creditors shall be treated as a single creditor.

38Provisions for the protection of trustees under void deeds.

38. Where a deed of arrangement is void by reason that the requisite majority of creditors have not assented thereto, or, in the case of a deed for the benefit of three or more creditors, by reason that the debtor was insolvent at the time of the execution of the deed and that the deed was not registered as required by this Act, but is not void for any other reason, and a receiving order is made against the debtors upon a petition presented after the lapse of three months from the execution of the deed, the trustee under the deed shall not be liable to account to the trustee in the bankruptcy for any dealings with or payments made out of the debtor's property which would have been proper if the deed had been valid, if he proves that at the time of such dealings or payments he did not know, and had no reason to suspect, that the deed was void.
39Notice to creditors of avoidance of deed.

39. When a deed of arrangement is void by reason of this Act, the trustee shall, as soon as practicable after he has become aware that the deed is void, give notice in writing thereof to each creditor whose name and address he knows, and file a copy of the notice with the Registrar of Bills of Sale, and, if he fails to do so, he shall be liable, on summary conviction, to a fine not exceeding twenty pounds.
40Payment of expenses incurred by trustees.

40. Where a deed of arrangement is avoided by reason of the bankruptcy of the debt or, any expenses properly incurred by the trustee under the deed in the performance of any of the duties imposed on him by this Part of this Act shall be allowed or paid him by the trustee in the bankruptcy as a first charge on the estate.
Part III.

General.
41Application of Act when receiving order made under 46 & 47 Vict. c. 52. s. 103 \(5).

41. When a receiving order is made against the debtor under subsection (5) of section one hundred and three of the principal Act, this Act shall apply as if for references to the presentation of a petition by or against a person there were substituted references to the making of such a receiving order.
42Short title, commencement, and interpretation.

(1) This Act may be cited as the Bankruptcy and DeedsofArrangementAct, 1913 , and Part I. of this Act shall be construed with the Bankruptcy Acts, 1883 and 1890, and may be cited with those Acts at the Bankruptcy Acts, 1883 to 1913, and Part II. of this Act shall be construed with the Deeds of Arrangement Act, 1887, and may be cited with that Act and the Deeds of Arrangement Amendment Act, 1890 , as the Deeds of Arrangement Acts, 1887 to 1913:

Provided that, notwithstanding that Part II. of this Act is to be construed with the Deeds of Arrangement Act, 1887, no part of this Act shall extend to Ireland.

(2) This Act shall come into operation on the first day of April nineteen hundred and fourteen.

(3) In this Act, unless the context otherwise require, the expression “the Debtors Act, 1869,” means that Act as amended by the Bankruptcy Acts, 1883 and 1890, or any other enactment, including this Act.

###

1. The Bishoprics Act, 1878 (in this Act referred to as the principal Act), including the repealed portions thereof, shall, subject to the modifications set forth in the First Schedule to this Act, have effect for the purpose of the foundation of new bishoprics of Sheffield, of Chelmsford, and of St. Edmundsbury and Ipswich as if the Second Schedule to this Act were substituted for the schedule to the principal Act and as if the principal Act had become law on the date on which this Act is passed.
2Short title.

2. This Act may be cited as the Bishoprics of Sheffield, Chelmsford, and for the County of Suffolk Act, 1913.

###

1. From and after the occurrence of a vacancy in the office of principal clerk of Session and notwithstanding anything contained in the Clerks of Session (Scotland) Regulation Act, 1889, or in any other Act, there shall be only one principal clerk of Session, who shall be vested with the powers conferred by or in pursuance of the said Act or any other Act on the two principal clerks of Session, and any references in the said Act or in any other Act to the principal clerks of Session or either of them
shall be construed as references to the principal clerk for the time being.

2Short title and citation.

2. This Act may be cited as the Clerks of Session ( Scotland) Regulation Act, 1913; and the Clerks of Session (Scotland) Regulation Act, 1889, and this Act shall be construed as one Act, and may be cited together as the Clerks of Session (Scotland) Regulation Acts, 1889 and 1913.

###

1Amendment of the law relating to private companies.

(1) Where the articles of a company include the provisions which, by section one hundred and twenty-one of the of the Companies (Consolidation) Act, 1908 , as amended by this Act, are required to be included therein in order to constitute the company a private company for the purposes of that Act, and default is made in complying with any of those provisions, the company shall cease to be entitled to the privileges and exemptions conferred on private companies under the provisions of that Act mentioned in the Schedule to this Act, and thereupon the said provisions shall apply to the company as if it were not a private company:
Provided that the court, on being satisfied that the failure to comply with the conditions was accidental or due to inadvertence or to some other sufficient cause, or that on other grounds it is just and equitable to grant relief, may, on the application of the company or any other person interested and on such terms and conditions as seem to the court just and expedient, order that the company be relieved from such consequences as aforesaid.

(2) In subsection (1) of the said section one hundred and twenty-one of the Companies (Consolidation) Act, 1908, for paragraph (b ) the following paragraph shall be substituted:—
b ) limits the number of its members (exclusive of persons who are in the employment of the company and of persons who having been formerly in the employment of the company, were while in such employment and have continued after the determination of such employment to be members of the company) to fifty; and”


(3) Every private company shall send with the annual list of members and summary required to be sent under section twenty-six of the Companies (Consolidation) Act, 1908, a certificate signed by a director or the secretary that the company has not, since the date of the last return, or in the case of a first return since the date of the incorporation of the company, issued any invitation to the public to subscribe for any shares or debentures of the company; and, where the list of members discloses the fact that the number of members of the company exceeds fifty, also a certificate so signed that such excess consists wholly of persons who under section one hundred and twenty-one of that Act, as amended by this section, are to be excluded in reckoning the number of fifty.
2Short title and construction.

2. This Act may be cited as the Companies Act, 1913, and shall be construed as one with the Companies (Consolidation) Act, 1908, and that Act and this Act may be cited together as the Companies Acts, 1908 and 1913.

###

1Execution of instruments on behalf of Commissioners of Woods.

(1) Any deed or other instrument requiring to be executed by the Commissioners of Woods, or any two or one of them, or to which they or he are or is a party, may be executed by any permanent secretary of His Majesty's office of Woods, Forests, and Land Revenues on behalf of the Commissioners of Woods, and if so executed shall be deemed to have been executed by the Commissioners of Woods, and shall have effect accordingly.
(2) Any deed or other instrument purporting to be so executed shall, until the contrary is proved, be deemed to have been duly executed by the Commissioners of Woods without proof of the official character or handwriting of the person appearing to have executed it.
2Short title.

2. This Act may be cited as the Crown Lands Act, 1913; and the Crown Lands Acts, 1829 to 1906, and this Act may be cited together as the Crown Lands Acts, 1829 to 1913.

###

1. This Act may be cited as the Education ( Scotland) Act, 1913, and this Act and the Education (Scotland) Acts, 1872 to 1908, shall, so far as consistent with the tenor thereof, be construed as one Act, and may be cited as the Education (Scotland) Acts, 1872 to 1913.
2Extent of Act.

2. This Act shall extend to Scotland only.
3Duties of school board in regard to medical treatment of children.

3. When, as the result of medical inspection or otherwise, it is brought to the notice of a school board that a child attending a school within their district is in need of medical (including surgical and dental) treatment, the board shall have, and shall be deemed since the commencement of the Education (Scotland) Act, 1908, to have had, the same powers and duties with reference to the provision of medical (including surgical and dental) treatment for the child as they have with reference to the provision of sufficient and proper food or clothing or necessary personal attention under and in virtue of section six of the said Act. In carrying out the provisions of this Act or of section six of the Education (Scotland) Act, 1908, a school board shall have power to act in combination with one or more school boards or with the secondary education committee for the district.

###

1. This Act may be cited as the Education ( Scotland) ( Glasgow Electoral Divisions) Act, 1913, and shall be construed as one with the Education (Scotland) Acts, 1872 to 1908. The last cited Acts may, collectively with this Act, be cited as the Education (Scotland) Acts, 1872 to 1913.
2Division of Glasgow School Board district for electoral purposes.

(1) The district of the School Board of Glasgow (hereinafter referred to as “the Board”) shall, for the purpose of every election of the Board taking place after the passing of this Act, be divided into three electoral divisions, viz., a north-east division as defined in the First Schedule to this Act, for which division eight members shall be elected; a north-west division as defined in the Second Schedule to this Act, for which division nine members shall be elected; and a south division as defined in the Third Schedule to this Act, for which division eight members shall be elected.

(2) The election in each division shall be carried out as if the members to be elected for that division were themselves alone to constitute the Board.

(3) Every elector shall be entitled to a number of votes equal to the number of members to be elected for the division in which he votes, and may give all such votes to one candidate for that division, or may distribute them among the candidates for that division, as he sees fit.

(4) An elector shall not at any election vote in more than one division.

(5) The election shall take place on the same day in each of the three divisions.

(6) The same person shall act as returning officer for each of the three divisions, and the total expenses incident to the election for the three divisions shall be deemed to be the expenses incident to the election of the Board.

(7) The members returned for the three divisions shall together constitute the Board as if those members had been returned in and for an undivided district.

3Saving of Education Acts as to casual vacancies.

3. Nothing in this Act contained shall affect the provisions of the Education (Scotland) Acts, 1872 to 1908, with regard to the filling of vacancies otherwise than by election of a School Board.

###

1Continuance of Acts in schedule.

(1) The Acts mentioned in Part I. of the schedule to this Act shall, to the extent specified in column three of that schedule, be continued until the thirty-first day of December nineteen hundred and fourteen, and shall then expire, unless further continued.
(2) The Acts mentioned in Part II. of the schedule to this Act shall, to the extent specified in column three of that schedule, be continued until the thirty-first day of March nineteen hundred and fifteen, and shall then expire, unless further continued.
(3) Any unrepealed enactments amending or affecting the enactments continued by this Act shall, in so far as they are temporary in their duration, be continued in like manner, whether they are mentioned in the schedule to this Act or not.
2Short title.

2. This Act may be cited as the Expiring Laws Continuance Act, 1913.

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1Extension of polling hours.

(1) Where any candidate at a parliamentary election or a candidate's agent on his behalf gives notice in writing to the returning officer during the nomination time or within one hour afterwards that he wishes the poll at that election—
  (a ) to commence at seven o'clock in the forenoon, or
  (b ) to be kept open till nine o'clock in the afternoon, or
  (c ) to commence at seven o'clock in the forenoon and be kept open till nine o'clock in the afternoon,
the Elections (Hours of Poll) Act, 1885 , shall, in relation to that election, be construed as if the hour specified in any such notice, whether as respects the commencement or close of the poll, were substituted for eight o'clock in the forenoon or eight o'clock in the afternoon, as the case may be, being the hours specified in that Act for the commencement and close of the poll respectively.

(2) For the purpose of giving public notice of an extension of the hours of polling under this Act, paragraph 9 of the First Schedule to the Ballot Act, 1872 , shall, as respects any election to which this Act applies, be construed as if references to the day on which the poll will be or is to be taken included references to the hours at which the poll commences and up to which it will be kept open.
(3) A notice given by a candidate under this section shall not be of any effect for the purposes of this Act if the candidate is withdrawn or deemed to be withdrawn under the provisions of the Ballot Act, 1872.
(4) In this section—
The expression “agent” means an election agent within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883 :

The expression “nomination time” means the time appointed for the election within the meaning of the Ballot Act, 1872.

2Short title.

2. This Act may be cited as the Extension of Polling Hours Act, 1913.

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1. It shall not be lawful for any person to sell, or expose, or have in his possession for sale, any textile fabric either in the piece, or made up into garments, or in any other form, to which is attributed expressly or inferentially the quality of noninflammability, or safety from fire, or any degree of such quality of non-inflammability or safety from fire—
(1) by wording or marking, descriptive or otherwise—

  (a ) upon the material; or

  (b ) upon any wrapper or band; or

  (c ) contained in any letterpress or writing referring to the material; or

(2) by verbal representation at the time of sale;

unless such textile fabric conforms to such standard of non-inflammability as may be prescribed by regulations to be made by the Secretary of State, and, if any person sells, or has in his

possession, textile fabric in contravention of this Act, he shall be liable on summary conviction to a fine not exceeding, in the case of a first offence, ten pounds, or, in the case of a second or subsequent offence, fifty pounds.

2Power of Secretary of State to make regulations.

2. All regulations made by the Secretary of State under this Act shall be laid before Parliament as soon as may be after they are made, and the Rules Publication Act, 1893, shall apply to such regulations as if they were statutory rules within the meaning of section one of that Act.
3Cases where vendors purchase under warranty.

3. Where in any proceedings against a person charged with an offence under this Act, it is proved that an offence under this Act has been committed, but that the person charged with the offence—
a ) purchased the textile fabric in respect of which the offence was committed from a person resident within the United Kingdom who sold the textile fabric under a warranty that it complied with the prescribed standard of non-inflammability; and


b ) took reasonable steps to ascertain, and did in fact believe in the accuracy of the statement contained in the warranty;


the person so charged shall be entitled upon an information duly laid by him to have the person who gave the warranty brought before the court, and that person may be summarily convicted of the offence, and the person originally charged shall be exempt from any fine, and the person so convicted shall, in the discretion of the court, also be liable to pay any costs incidental to the proceedings.

4Material found in possession deemed to be for sale.

4. Where a person is charged with having textile fabric in his possession in contravention of this Act, any such material proved in the proceedings to have been found in his possession shall be deemed to be intended for sale as aforesaid unless the contrary is proved.
5Powers and duties of local authorities.

(1) It shall be the duty of every local authority to enforce the provisions of this Act within their district, and for that purpose any male or female person or officer whom the local authority may appoint shall have power, if so authorised by the local authority, to institute and carry on any proceedings which the local authority is authorised to institute and carry on under this Act.

(2) In this Act the expression “local authority” means—

as respects the City of London, the common council;

as respects any municipal borough, the council of the borough;

as respects any urban district, the district council;

elsewhere, the county council:

Provided that the London County Council may, with the approval of the Secretary of State, make arrangements with the council of any metropolitan borough for the exercise by the metropolitan borough as agents for the London County Council, on such terms and subject to such conditions as may be agreed on, of any powers of the London County Council under this Act within the district of the metropolitan borough, and the council of the metropolitan borough may, as part of the agreement, undertake to pay the whole or any part of the expense incurred in connection with the exercise of the powers delegated to them.

(3) The expenses of a local authority under this Act shall be defrayed,—

in the case of the common council of the city of London, out of the general rate;

in the case of the council of a borough, out of the borough fund or borough rate;

in the case of a district council, as part of the general expenses incurred in the execution of the Public Health Acts;

in the case of a county council, as expenses for special county purposes;

in the case of a metropolitan borough council, as part of the expenses of the council.

6Fines imposed to be paid to local authorities.

6. All fines imposed in any proceedings instituted by a local authority in pursuance of their powers and duties under this Act shall be paid to the local authority and carried to the credit of the fund out of which the expenses incurred by the authority under this Act are defrayed.
7Application to Scotland.

7. This Act shall apply to Scotland, subject to the following modifications:—
(1) The Secretary for Scotland shall be substituted for the Secretary of State:

(2) The local authority, for the purposes of this Act, shall be the county council in a county (exclusive of the police burgh therein) and the town council in a royal, parliamentary, or police burgh:

(3) The expenses of a local authority under this Act shall be defrayed, in the case of a county council, out of the general purposes rate, and, in the case of a town council, out of the burgh general improvement assessment or any other assessment leviable by the town council in equal proportions on owners and occupiers:

Provided that the ratepayers of a police burgh shall not be assessed by the county council for any such expenses.

8Application to Ireland.

8. This Act shall apply to Ireland, subject to the following modifications:—
(1) The Lord Lieutenant shall be substituted for the Secretary of State:

(2) A local authority, for the purposes of this Act, means, as respects any municipal borough, the borough council, and as respects any urban district the district council, and those authorities shall, as respects their several areas, be the local authorities for the purposes of this Act:

(3) The expenses of such local authorities shall be defrayed, in the case of a municipal borough, out of the borough fund or borough rate, in the case of a district council as part of the general expenses incurred in the execution of the Public Health (Ireland) Acts, 1878 to 1907.

9Short title and commencement of Act.

9. This Act maybe cited as the Fabrics ( Misdescription) Act, 1913,and shall come into operation on the first day of January nineteen hundred and fourteen.

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1Power to Treasury to guarantee loans.

(1) The Treasury may, subject to the provisions of this Act, guarantee in such manner as they think fit the payment of the interest at a rate not exceeding three and one half per cent. per annum on any loan raised by the Government of the Soudan for the purposes set out in the schedule to this Act, not exceeding in the aggregate an amount sufficient to raise three million pounds.
(2) A guarantee shall not be given in pursuance of this Act until the Government of the Soudan have provided to the satisfaction of the Treasury and the Secretary of State—
  (a ) for raising, appropriating, and duly applying the loan for the purposes and in the manner set out in the schedule to this Act, subject to any arrangements which may be made for the application of savings on one head of expenditure to another head of expenditure:
  (b ) for the establishment and regulation of one or more sinking funds for the purpose of the repayment of the principal of the load or any instalment thereof within a period not exceeding thirty years from the date on which the loan or instalment is actually raised:
  (c ) for charging on the general revenues and assets of the Soudan, or on any other revenues or assets which may be made available for the purpose, with priority over any charges not existing at the date of the passing of this Act, the principal and interest of the loan and any sinking fund payments for the repayment of the principal of the loan:
  (d ) for charging on the general revenues and assets of the Soudan immediately after the last-mentioned charge the repayment to the Treasury of any sum issued out of the Consolidated Fund under this Act on account of the guarantee given under this Act with interest thereon at the rate of four per cent. per annum:
  (e ) for raising or securing the raising of sufficient money to meet the above charges.
(3) Any sums required by the Treasury for fulfilling their guarantee given under this Act shall be charged on and issued out of the Consolidated Fund or the growing produce thereof, and any sums paid on account of the repayment of any amount so issued out of the Consolidated Fund shall be paid into the Exchequer.
(4) The Treasury shall lay before both Houses of Parliament a statement of any guarantee given under this Act, and an account of any sums issued out of the Consolidated Fund for the purpose of any such guarantee as soon as may be after any guarantee is so given or any sum is so issued.
2Short title.

2. This Act may be cited as the Government of the Soudan Loan Act, 1913.

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1Power to brand barrels filled with cured herrings.

(1) In any place in which this section is in force barrels filled with cured white herrings may be presented to an officer appointed by the Board of Agriculture and Fisheries for the purpose of being branded or otherwise marked with a mark denoting the description of the herrings contained therein, and any barrel so presented shall, on payment of the prescribed fee and on compliance with the prescribed conditions, be marked accordingly, if, in the opinion of the officer, after inspection and examination, the construction, capacity, and condition of the barrel and the quality, curing, selection, and packing of the herrings are such as to satisfy the prescribed requirements.
(2) The Board of Agriculture and Fisheries may, by order published in such manner as the Board direct, declare this section to be in force in any place in England or Wales if it is shown to their satisfaction that there is a general desire on the part of the curers of herrings carrying on business in that place that such an order should be made.
The Board shall, at least two months before making any such order, give notice of their intention to make the order in such manner as the Board think calculated to give publicity thereto in the locality, and shall consider any objections or representations made to them in the interval.

(3) No barrel or half-barrel shall be branded unless it have a capacity, in the case of a barrel, of twenty-six and two-thirds imperial gallons, or, in the case of a half-barrel, of thirteen and a third imperial gallons.
(4) For the purposes of this Act, the expression “barrel” includes half-barrel when the context permits.
2Forgery of brands.

(1) If any person forges or counterfeits any mark used for marking barrels under this Act, he shall be liable on summary conviction to a fine not exceeding fifty pounds.
(2) If any person knowingly uses, sells, utters, disposes of, or exposes for sale any barrel (whether filled with herrings or not) with such forged or counterfeit mark thereon, he shall be liable on summary conviction to a line not exceeding ten pounds. All barrels with any such forged or counterfeit mark thereon, and the contents thereof, shall be liable to be forfeited.
(3) For the purposes of this section, any person who removes a mark from any barrel and inserts the same into another barrel shall be deemed to forge or counterfeit a mark within the meaning of this section.
3Penalty on use of old barrels bearing brand.

3. If any person fraudulently uses any old barrel bearing a mark affixed under this Act for the purpose of packing herrings or other fish therein, he shall be liable on summary conviction to a fine not exceeding ten pounds, and the barrel and the contents thereof shall be liable to be forfeited.
4Provision for Northumberland.

4. If section one of this Act is put in force in any part of the area to which the Branding of Herrings (Northumberland) Act, 1891, applies, the powers of the Fishery Board for Scotland and of their officers under that Act shall cease to be exerciseable in that part so far as concerns the branding or otherwise dealing with barrels of herrings.
5Regulations.

(1) For the purposes of this Act, the Board of Agriculture and Fisheries may make regulations with respect to any matter which under this Act may be prescribed, subject, as respects fees, to the consent of the Treasury, and for prescribing—

  (a ) the manner in which barrels are to be presented for the purpose of being marked;

  (b ) the manner in which barrels are to be marked and the nature of the marks;

  (c ) the manner in which the inspection and examination of barrels and their contents are to be conducted;

and generally for carrying this Act into effect.

(2) If any person, in any declaration required under such regulations, makes any statement which to his knowledge is false in any material particular, he shall be liable on summary conviction to a fine not exceeding ten pounds.

6Legal proceedings.

(1) All barrels and the contents thereof forfeited under this Act shall be sold or otherwise disposed of as a court of summary jurisdiction may direct.

(2) Where a person is convicted under any section of this Act and the court by which he is convicted is of opinion that the offence was committed with intent to defraud, he shall be liable, in addition to or in lieu of any fine, to imprisonment with or without hard labour for a term not exceeding two months.

(3) In England, Wales, or Ireland any person who feels himself aggrieved by a conviction or order of a court of summary jurisdiction under this Act may appeal to quarter sessions in accordance with the Summary Jurisdiction Acts.

7Short title.

7. This Act may be cited as the Herring Fishery ( Branding) Act, 1913.

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1Highlands and Islands \(Medical Service) Grant.

(1) In every financial year there shall be paid out of money to be provided by Parliament the sum of forty-two thousand pounds, which shall be called the Highlands and Islands (Medical Service) Grant, and shall be paid to a separate fund to be called the Highlands and Islands (Medical Service) Fund.
(2) The Highlands and Islands (Medical Service) Fund shall, subject to such regulations as may be made by the Treasury with respect to accounts, audit, and accumulation of the fund, be administered and applied by the Highlands and Islands (Medical Service) Board (hereinafter called the Board) appointed under this Act, in accordance with a scheme or schemes to be prepared by them and approved by the Secretary for Scotland with the consent of the Treasury, for the purpose of improving medical service, including nursing, in the Highlands and Islands of Scotland, and otherwise providing and improving means for the prevention, treatment, and alleviation of illness and suffering therein.
2Appointment of Board.

(1) For the purposes of this Act, it shall be lawful for His Majesty, by warrant under his sign manual, to appoint a board consisting of not less than five and not more than nine members, one of whom shall be a woman, to be called the Highlands and Islands (Medical Service) Board. One of the members of the Board shall be appointed by His Majesty to be chairman of the Board.
(2) The Board may act by any four, or, if the total number of the Board is six or less, by any three of their number, and notwithstanding any vacancy in their number.
(3) The Secretary for Scotland may appoint a secretary to the Board and the Board may, with the consent of the Treasury as to numbers, appoint and employ such officers and servants for the purposes of this Act as they think necessary, and may remove any officer or servant so appointed or employed, and there shall be paid to the secretary, officers and servants such salaries or remuneration as the Board, or in the case of the secretary, the Secretary for Scotland, with the consent of the Treasury, may determine.
(4) The salary of the secretary and the salaries or remuneration of the officers and servants, and any expenses incurred by the Board in the execution of their duties under this Act, to such amount as may be sanctioned by the Treasury, shall be defrayed out of moneys provided by Parliament.
(5) The Board shall make an annual report of their proceedings to the Secretary for Scotland, and that report shall forthwith be laid before Parliament.
3Supplemental provisions with respect to schemes.

(1) Provision shall be made by scheme under this Act for the conditions under which any money from the Highlands and Islands (Medical Service) Fund placed at the disposal of local authorities, insurance committees, district nursing associations, or other bodies or persons or any joint committee of local authorities or insurance committees or of local authorities and insurance committees is to be applied by them, and as respects any money from that Fund which is to be applied by the Board, as to the purposes for which it is to be so applied.
(2) Where under any such scheme any money is to be applied by the Board for the purpose of building houses for medical practitioners or nurses, or for the purpose of building hospitals, or for any other purposes for which land may be required, the Board, if the money is to be applied by them, shall, if the scheme so provides, have the like powers for those purposes with respect to the acquisition, holding, and disposal of land as authorities under the Public Health (Scotland) Act, 1897 , have for the purposes of that Act and that Act shall be construed accordingly.
(3) Where under any such scheme any money is to be applied by a local authority for any purpose, that authority shall have all such powers for the purpose as the scheme may provide, and, if the scheme so provides, any powers vested in a local authority of acquiring land, or erecting buildings, or borrowing on the security of any rate for any purpose, shall be extended so as to include the purposes of the scheme, and any Act conferring any such power shall be construed accordingly.
(4) Any scheme under this Act may be revoked or varied by a scheme prepared and approved in like manner as the original scheme.
(5) The provisions of section fifteen of the Public Health (Scotland) Act, 1897, with respect to the removal of a medical officer by or with the sanction of the Local Government Board for Scotland shall, within the areas specified in the schedule to this Act, extend to any medical practitioner appointed by a parish council for the purpose of any duties of that council.
4Gifts to Board.

4. The provisions of section fifteen of the Local Government (Scotland) Act, 1908, with respect to the transfer of hospitals, sanatoria, or houses of reception, and land connected or used therewith, shall apply with respect to transfers to the Board as they apply with respect to transfers to a local authority, with the substitution of the Secretary for Scotland for the Local Government Board for Scotland, and shall be extended so as to include power to transfer to the Board any building or land for any purposes for which money is to be applied by the Board.
5Definitions.

5. In this Act—
The expression “Highlands and Islands” means the areas specified in the Schedule to this Act.

The expression “local authority” means county councils and any authority under the Public Health (Scotland) Act, 1897, and parish councils, school boards, and secondary education committees, and includes any joint committee of local authorities, and local authorities and insurance committees shall have power to appoint joint committees for the purpose of this Act.

6Short title and duration.

(1) This Act may be cited as the Highlands and Islands (MedicalService) GrantAct, 1913.

(2) The powers of the Board under this Act shall, unless continued by Parliament, cease on the thirty-first day of December nineteen hundred and seventeen, and, in the event of their so ceasing, His Majesty may, by Order in Council, provide for the administration and application of the Highlands and Islands (Medical Service) Fund, and for the exercise and performance of any powers and duties under this Act or under any scheme made under this Act by such other persons, bodies or local authorities as His Majesty thinks fit to substitute for the Board.

###

1. A society consisting solely of two or more registered societies may, notwithstanding anything contained in section five of the Industrial and Provident Societies Act, 1893(in this Act referred to as the principal Act), be registered if the application to register the society is signed by two members of the committee and the secretary of each of the constituent societies, and is accompanied by two printed copies of the rules of each such society.
2Audit of accounts.

(1) Every registered society shall once in every year submit its accounts for audit to one or more of the public auditors appointed under the provisions of the principal Act.

(2) An auditor shall not hold any other office in connexion with the society.

3Annual return.

(1) For paragraph (c ) of subsection (2) of section fourteen of the principal Act (which relates to the date to which annual returns are to be made up) the following paragraph shall be substituted:—

c ) shall be made up from the date of its registration or last annual return to that of its last published balance sheet, unless the last-mentioned date is more than four months before or more than one month after the thirty-first day of December, in which case it shall be made up to the said thirty-first day of December inclusive; and”


(2) A registered society shall, together with the annual return, send to the Registrar a copy of the report of the auditors and a copy of each balance sheet made during the period included in the return.

4Triennial returns of shareholders.

4. A registered society shall, once at least in every three years, make out and send to the registrar, together with the annual return for the year, a special return signed by the auditor or auditors showing the holding of each person in the society (whether in shares or loans) at the date to which the said animal return is made out: Provided that, where such persons are in the list of members kept by the society distinguished by numbers, it shall be sufficient if they are distinguished in the special return by such numbers, and in that case it shall not be necessary to specify their names.
5Amendment of principal Act as to nominations.

(1) The principal Act shall as respects nominations made after the commencement of this Act have effect as if the following provisions were substituted for section twenty-five of the principal Act:—

(1) A member of a registered society not being under the age of sixteen years may, by writing under his hand delivered at or sent to the registered office of the society during the lifetime of such member or made in any book kept thereat, nominate any person or persons to or among whom there shall be transferred at his decease such property in the society as may be his at the time of his decease (whether in shares, loans, or deposits, or otherwise), or so much thereof as is specified in such nomination, if the nomination does not comprise the whole. If on the death of the nominator the amount of his property in the society comprised in the nomination exceeds one hundred pounds the nomination shall be valid to the extent of the sum of one hundred pounds, but not further or otherwise:

Provided that a person so nominated shall not be an officer or servant of the society unless such officer or servant is the husband, wife, father, mother, child, brother, sister, nephew, or niece of the nominator.

(2) A nomination so made may be revoked or varied by a subsequent nomination signed and delivered or sent or made as aforesaid or by any similar document in the nature of a revocation or variation under the hand of the nominator so delivered sent or made as aforesaid, but shall not be revocable or variable by the will of the nominator or by any codicil thereto.

(3) The society shall keep a book wherein the names of all persons so nominated and all revocations or variations (if any) of such nominations shall be recorded, and the property comprised in any such nomination to an amount not exceeding one hundred pounds shall be payable or transferable to the nominee although the rules of the society declare the shares not to be transferable.

(4) The marriage of a member of a society shall operate as a revocation of any nomination made by him before such marriage, provided that, in the event of an officer of a society having transferred any property of a member to a nominee, in ignorance of a marriage contracted subsequent to the date of the nomination, the receipt of the nominee shall be a valid discharge to the society, and the society shall be under no liability to any other person claiming such property.”

(2) The principal Act shall, as respects nominators dying after the commencement of this Act, have effect as if the following provisions were substituted for subsection (1) of section twenty-six of the principal Act:—

(1) On receiving satisfactory proof of the death of a nominator, the committee of the society shall, subject to the limitation on amount herein-before provided, either transfer the property comprised in the nomination in manner directed by the nomination, or pay to every person entitled thereunder the full value of the property given to him, unless the shares comprised in the nomination, if transferred as directed by the nominator, would raise the share capital of any nominee to a sum exceeding two hundred pounds, in which case they shall pay him the value of such excess.

(2) Where a nominee who is nominated under the provisions of this Act is under sixteen years of age, the society may pay the sum nominated to either parent, or to a guardian of the nominee, or to any other person of full age who will undertake to hold the same on trust for the nominee or to apply the same for his benefit and whom the society may think a fit and proper person for the purpose, and the receipt of such parent, guardian, or other person shall be a sufficient discharge to the society for all moneys so paid.”

6Provisions as to death duties.

6. The principal Act shall have effect with respect to the payment of duty on the death of members dying after the commencement of this Act as if the following provisions were substituted for section twenty-eight of the principal Act:—
(1) If the principal value of the estate, in respect of which estate duty is payable, of any deceased member of a registered society exceeds one hundred pounds, any property or money to be transferred or paid under section twenty-five, twenty-six, or twenty-seven of this Act without probate or administration shall be liable to estate duty as part of the amount on which that duty is charged; and the committee of the society, before making any such transfer or payment, may require a statutory declaration by the claimant or one of the claimants that such principal value, including the property or money in question, does not, after deduction of debts and funeral expenses, exceed one hundred pounds.

(2) If the principal value of the property or money to be so transferred or paid exceeds eighty pounds the committee of the society shall, before making any transfer or payment to any person other than the legal personal representative of the deceased member, require production of a certificate from the Commissioners of Inland Revenue of the payment of the estate duty, and a duly stamped receipt for the succession or legacy duty payable in respect of the property or money so transferred or paid, or a certificate that no estate, succession or legacy duty is payable thereon.”

7Amendment of section 29 of the principal Act.

7. In section twenty-nine of the principal Act (which relates to the property of insane members) the words “not exceeding one hundred pounds” shall be repealed.
8Dissolution and transfer of engagements.

8. On dissociation or transfer of engagements, as provided for in sections fifty-eight and fifty-three of the principal Act, the society shall not be dissolved and registration of the society shall not be cancelled until a certificate signed by the liquidator or by the secretary or some other officer of the society approved by the Registrar has been lodged with the Registrar that all property
vested in the society has been duly conveyed or transferred by the society to the persons entitled.

9Inspections and special meetings.

9. In subsection (4) of section fifty of the principal Act (which relates to the expenses of inspections and special meetings) after the word “incidental” there shall be inserted the words “or preliminary.”
10Offences by societies, &c.

10. The following provisions shall be substituted for section sixty-two of the principal Act:—
“It shall be an offence under this Act if—

a ) a registered society, or an officer or member thereof, or any other person, fails to give any notice, send any return or document, do or allow to be done anything which the society, officer, or member, or person is by this Act required to give, send, do, or allow to be done; or


b ) a registered society, or an officer or member thereof, or any or other person, wilfully neglects or refuses to do any act, or to furnish any information required for the purposes of this Act by the chief or other registrar, or by any other person authorised under this Act, or does anything forbidden by this Act; or


c ) a registered society, or an officer or member thereof, or any other person, makes a return, or wilfully furnishes information in any respect false or insufficient; or


d ) a registered society carries on the business of banking when it has any withdrawable share capital, or in carrying on such business does not make out and keep conspicuously hung up such statement as is herein-before required, or makes any payment of withdrawable capital contrary to the provisions of this Act.”


11Recovery of penalties.

11. The following subsections shall be added to the provisions contained in section sixty-nine of the principal Act:—
(3) Any costs or expenses ordered or directed by the chief or other registrar to be paid by any person under this Act shall be recoverable summarily before a court of summary jurisdiction as a civil debt.

(4) Where proceedings are taken against a society for the recovery of any fine under this Act, the summons or other process shall be sufficiently served by leaving a true copy thereof at the registered office of the society, or, if that office is closed, by posting the copy on the outer door of that office.”

12Short title, construction, commencement, and repeal.

(1) This Act may be cited as the Industrial and ProvidentSocieties (Amendment) Act, 1913 , and the Industrial and Provident Societies Acts, 1893 to 1895, and this Act may be cited together as the Industrial and Provident Societies Acts, 1893 to 1913.

(2) This Act shall be construed as one with the Industrial and Provident Societies Act, 1893, and shall come into operation on the first day of January nineteen hundred and fourteen.

(3) The principal Act is hereby repealed to the extent specified in the third column of the Schedule to this Act.

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1Substitution of school inspection for public examination in the case of students under fourteen.

(1) From and after the commencement of this Act, the Intermediate Education Board for Ireland (in this Act referred to as “the Board”) shall not hold any public examination, admission to which is confined to students under the age of fourteen years.
(2) The Board may make provision—
  (a ) for the inspection of intermediate schools annually with a view to ascertaining the degrees of efficiency shown in the education of pupils under the age of fourteen and not under the age of twelve years; and
  (b ) for the payment to managers of schools of fees dependent on the results of such inspection;
and, subject to the restrictions contained in section seven and the proviso to subsection (4) of section five of the Intermediate Education (Ireland) Act, 1878 , but notwithstanding anything in any other enactment, may apply the funds at their disposal to the payment of such fees accordingly.

(3) The Board in any year in respect of which provision is made by them for the payment of fees under this section shall, so far as practicable, appropriate the funds at their disposal in such a manner, that a sum not exceeding one-sixth of the total amount available in the year for the payment of fees to managers of schools may be available for the payment of fees under this section.
2Power to grant superannuation allowance.

2. The Board shall, in addition to the powers given to them by section three of the Intermediate Education (Ireland) Act, 1900, have power, with the approval of the Treasury, to make a scheme providing for the grant of superannuation and other allowances or gratuities to or for the benefit of such of the assistant commissioners, and of the inspectors, clerks and other officers employed by the Board, as may be from time to time approved by the Treasury, and may, out of the funds at their disposal, pay to such persons on retirement, or to their legal personal representatives on death, such superannuation and other allowances or gratuities under the scheme as the Treasury may sanction in each case, and the Treasury may determine those funds to be public funds for the purposes of theSuperannuation Act, 1892.
3Power to make rules.

(1) The Board may, with the approval of the Lord Lieutenant, make rules for carrying into effect the objects of section one of this Act, and in particular for prescribing and satisfying themselves as to the observance of conditions upon which managers of schools may receive payment of fees.

(2) All rules made in pursuance of this section shall be laid before both Houses of Parliament within twenty-one days next after the same have been made, if Parliament is then sitting, or if Parliament is not then sitting, within twenty-one days after the commencement of the then next ensuing session, and, if any such rules are disapproved by either House of Parliament within forty days after the same have been so laid before Parliament, such rules, or such part thereof as may be so disapproved, shall thereupon become void and of no effect.

4Short title and construction.

4. This Act may be cited as the Intermediate Education ( Ireland) Act, 1913, and shall be construed as one with the Intermediate Education (Ireland) Acts, 1878 to 1900; and this Act and those Acts may be cited collectively as the Intermediate Education (Ireland) Acts, 1878 to 1913.

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1. The additional duty of Customs on tea removed or imported into the Isle of Man imposed by section one of the Isle of Man (Customs) Act, 1906, and the additional duties of Customs on tobacco and spirits removed or imported into the Isle of Man imposed by section one of theIsle of Man (Customs) Act, 1900, and the additional duty on ale and beer removed or imported into the Isle of Man imposed by the second paragraph of section two of that Act, shall continue to be charged, levied, and paid as from the first day of August nineteen hundred and thirteen until the first day of August nineteen hundred and fourteen.
2Short title.

2. This Act may be cited as the Isle of Man ( Customs) Act, 1913.

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1Amendment of law as to adjustments on alteration of local government boundaries, and extension of matters in respect of which adjustment may be made.

(1) On any adjustment under section thirty-two or section sixty-two of the Local Government Act, 1888 , or under section sixty-eight of the Local Government Act, 1894—
  (a ) Any adjustment of the Local Taxation Licences, the Estate Duty Grant, and the residue under section one of the Local Taxation (Customs and Excise) Act, 1890 , shall be carried out in accordance with the rules contained in Part I. of the Schedule to this Act:
  (b ) Provision shall be made for the payment to any authority of such sum as seems equitable in accordance with the rules contained in Part II. of the Schedule to this Act, in respect of any increase of burden which will properly be thrown on the ratepayers of the area of that authority in meeting the cost incurred by that authority in the execution of any of their powers and duties as a consequence of any alteration of boundaries or other change in relation to which the adjustment takes place.
(2) This section shall apply to any adjustment made (otherwise than by agreement) under any of the said sections thirty-two and sixty-two of the Local Government Act, 1888, and sixty-eight of the Local Government Act, 1894, whether as originally enacted or as applied in England or Wales by any other Act, or by any Provisional Order, or by any order made or confirmed by the Local Government Board under the Local Government Act, 1888, or the Local Government Act, 1894, and consequent on an alteration of boundaries or other change effected after the passing of this Act.
2Short title and repeal.

2. This Act may be cited as the Local Government ( Adjustments) Act, 1913.

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1. The following classes of persons who are mentally defective shall be deemed to be defectives within the meaning of this Act:—
a ) Idiots; that is to say, persons so deeply defective in mind from birth or from an early age as to be unable to guard themselves against common physical dangers;


b ) Imbeciles; that is to say, persons in whose case there exists from birth or from an early age mental defectiveness not amounting to idiocy, yet so pronounced that they are incapable of managing themselves or their affairs, or, in the case of children, of being taught to do so;


c ) Feeble-minded persons; that is to say, persons in whose case there exists from birth or from an early age mental defectiveness not amounting to imbecility, yet so pronounced that they require care, supervision, and control for their own protection or for the protection of others, or, in the case of children, that they by reason of such defectiveness appear to be permanently incapable of receiving proper benefit from the instruction in ordinary schools;


d ) Moral imbeciles; that is to say, persons who from an early age display some permanent mental defect coupled with strong vicious or criminal propensities on which punishment has had little or no deterrent effect.


2Circumstances rendering defectives subject to be dealt with.

(1) A person who is a defective may be dealt with under this Act by being sent to or placed in an institution for defectives or placed under guardianship—

  (a ) at the instance of his parent or guardian, if he is an idiot or imbecile, or at the instance of his parent if, though not an idiot or imbecile, he is under the age of twenty-one; or

  (b ) if in addition to being a defective he is a person—

(i)who is found neglected, abandoned, or without visible means of support, or cruelly treated; or

(ii)who is found guilty of any criminal offence, or who is ordered or found liable to be ordered to be sent to a certified industrial school;

(iii)who is undergoing imprisonment (except imprisonment under civil process), or penal servitude, or is undergoing detention in a place of detention by order of a court, or in a reformatory or industrial school, or in an inebriate reformatory or who is detained in an institution for lunatics or a criminal lunatic asylum; or

(iv)who is an habitual drunkard within the meaning of the Inebriates Acts, 1879 to 1900; or

(v)in whose case such notice has been given by the local education authority as is herein-after in this section mentioned; or

(vi)who is in receipt of poor relief at the time of giving birth to an illegitimate child or when pregnant of such child.

(2) Notice shall, subject to regulations made by the Board of Education, to be laid before Parliament as hereinafter provided, be given by the local education authority to the local authority under this Act in the case of all defective children over the age of seven—

  (a ) who have been ascertained to be incapable by reason of mental defect of receiving benefit or further benefit in special schools or classes, or who cannot be instructed in a special school or class without detriment to the interests or the other children, or as respects whom the Board of Education certify that there are special circumstances which render it desirable that they should be dealt with under this Act by way of supervision or guardianship;

  (b ) who on or before attaining the age of sixteen are about to be withdrawn or discharged from a special school or class, and in whose case the local education authority are of opinion that it would be to their benefit that they should be sent to an institution or placed under guardianship.

3Power to deal with defectives at instance of parent or guardian.

(1) The parent or guardian of a defective who is an idiot or imbecile, and the parent of a defective who though not an idiot or imbecile is under the age of twenty-one, may place him in an institution or under guardianship: Provided that he shall not be so placed in an institution or under guardianship, except upon certificates in the prescribed form signed by two duly qualified medical practitioners, one of whom shall be a medical practitioner approved for the purpose by the local authority or the Board, and, where the defective is not an idiot or imbecile, also signed, after such inquiry as he shall think fit, by a judicial authority for the purposes of this Act, stating that the signatories of the certificate are severally satisfied that the person to whom the certificate relates is a defective and the class of defectives to which he belongs, accompanied by a statement, signed by the parent or guardian, giving the prescribed particulars with respect to him.

(2) Where a defective has been so placed in an institution for defectives or under guardianship, the managers of the institution, or the person under whose guardianship he has been placed, shall, within seven days after his reception send to the Board of Control hereinafter constituted (in this Act referred to as the Board) notice of his reception and such other particulars as may be prescribed.

4Power to deal with defectives otherwise than at instance of parent of guardian.

4. A defective subject to be dealt with under this Act otherwise than under paragraph (a ) of subsection (1) of section two of this Act may so be dealt with—
a ) under an order made by a judicial authority on a petition presented under this Act; or


b ) under an order of a court, in the case of a defective found guilty of a criminal offence, punishable in the case of an adult with imprisonment or penal servitude, or liable to be ordered to be sent to an industrial school; or


c ) under an order of the Secretary of State, in the case of a defective detained in a prison, criminal lunatic asylum, reformatory or industrial school, place of detention, or inebriate reformatory;


but no such order shall be made except in the circumstances and in the manner herein-after specified.

Requirements as to the making of Orders.
5Presentation of petitions.

(1) An order of a judicial authority under this Act shall be obtainable upon a private application by petition made by any relative or friend of the alleged defective, or by any officer of the local authority under this Act authorised in that behalf.

(2) Every petition shall be accompanied by two medical certifica es, one of which shall be signed by a medical practitioner approved for the purpose by the local authority or the Board, or a certificate that a medical examination was impracticable, and by a statutory declaration made by the petitioner and by at least one other person (who may be one of the persons who gave a medical certificate) stating—

  (a ) that the person to whom the petition relates is a defective within the meaning of this Act, and the class of defectives to which he is alleged to belong; and

  (b ) that that person is subject to be dealt with under this Act, and the circumstances which render him so subject; and

  (c ) whether or not a petition under this Act, or a petition for a reception order under the Lunacy Acts, 1890 to 1911, has previously been presented concerning that person, and, if such a petition has been presented, the date thereof and the result of the proceedings thereon; and

  (d ) if the petition is accompanied by a certificate that a medical examination was impracticable, the circumstances which rendered it impracticable.

(3) If a petition is not presented by a relative or by an officer of the local authority, it shall contain a statement of the reasons why the petition is not presented by a relative, and of the connection of the petitioner with the person to whom the petition relates and the circumstances under which he presents the petition.

(4) Where the Board are satisfied that a petition under this section ought to be presented concerning any person, and that the local authority have refused or neglected to cause a petition to be presented, they may direct an inspector or other officer to present a petition, and this section shall apply accodingly.

6Procedure on hearing petitions.

(1) Upon the presentation of the petition and such documents as aforesaid, the judicial authority shall either visit the person to whom the petition relates or summon him to appear before him.

(2) Proceedings before the judicial authority may, in any case if the judicial authority thinks fit, and shall, if so desired by the person to whom the petition relates, be conducted in private, and in that case no one except the petitioner, the person to whom the petition relates, his parents or guardian and any two persons appointed for the purpose by the person to whom the petition relates, or by his parents or guardian, and the persons signing the medical certificates and the statutory declaration accompanying the petition shall, without leave of the judicial authority, be allowed to be present.

(3) If the judicial authority is satisfied that the person to whom the petition relates is a defective and is also satisfied that he is subject to be dealt with under this Act, the judicial authority may, if he thinks it desirable to do so in the interests of such person, make an order either ordering him to be sent to an institution the managers of which are willing to receive him, or appointing a suitable person to be his guardian, and the order shall state the class of defectives to which he belongs, and the circumstances which render him subject to be dealt with under this Act:

Provided that—

  (a ) where the petition is not presented by the parent or guardian, the order shall not be made without the consent in writing of the parent or guardian, unless it is proved to the satisfaction of the judicial authority that such consent is unreasonably withheld, or that the parent or guardian cannot be found, but consent shall not be deemed to be unreasonably withheld if withheld with the bon fide intention of benefiting the defective; and

  (b ) nothing in this section shall prevent an order being made, notwithstanding that the person to whom the petition relates does not appear to the judicial authority to belong to the class of defectives to which he is in the petition alleged to belong, if the judicial authority is satisfied that he is a defective.

(4) If the judicial authority is not satisfied that the person to whom the petition relates is a defective, and subject to be dealt with under this Act, or that it is desirable in the interests of such person that an order should be made, the judicial authority may, if he thinks fit, adjourn the case for a period not exceeding fourteen days for further evidence or information, and may order that the person to whom the petition relates shall submit himself to medical examination, or may dismiss the petition:

Provided that, unless the petition is dismissed, the judicial authority shall order a medical examination in any case where the petition was accompanied by a certificate that a medical examination was impracticable.

7Variation of orders.

(1) Where an order has been made that a defective be placed under guardianship the judicial authority which made the order, or any other judicial authorities, or, where the original order was not made by a judicial authority, any judicial authority may, on application being made for the purpose by the guardian or by the Board or by the local authority, and on being satisfied that the case is or has become one unsuitable for guardianship, order that the defective be sent to an institution.

(2) A person appointed to be guardian of a defective may, on the application of the local authority or of the Board or of any other person who appears to be interested, be removed from his office by any such judicial authority as aforesaid, and, where a person appointed to be guardian of a defective dies, or resigns his office, or is removed from his office, such judicial authority as aforesaid may, on the like application, appoint a suitable person to act in his stead.

(3) An order under this section shall not be made without giving to the local authority and, where practicable, to the relative or other person who presented the original petition and to the parent or guardian of the defective, an opportunity of being heard.

8Procedure in cases of persons guilty of offences, &c.

(1) On the conviction by a court of competent jurisdiction of any person of any criminal offence punishable in the case of an adult with penal servitude or imprisonment, or on a child brought before a court under section fifty-eight of the Children Act, 1908 , being found liable to be sent to an industrial school, the court, if satisfied on medical evidence that he is a defective within the meaning of this Act, may either—

  (a ) postpone passing sentence or making an order for committal to an industrial school, and direct that a petition be presented to a judicial authority under this Act with a view to obtaining an order that he be sent to an institution or placed under guardianship; or

  (b ) in lieu of passing sentence or making an order for committal to an industrial school, itself make any order which if a petition had been duly presented under this Act the judicial authority might have made, which order shall have the like effect as if it had been made by a judicial authority on a petition under this Act:

Provided that, if the court is a court of summary jurisdiction and the case is one which the court has power to deal with summarily, the court, if it finds that the charge is proved, may give such directions or make such order as aforesaid without proceeding to a conviction, and such a person shall for the purposes of this Act be deemed to be a person found guilty of an offence.

(2) The court may act either on the evidence given during the trial or other proceedings, or may call for further medical or other evidence.

(3) Where the court so directs a petition to be presented against a person, it may order him to be detained in an institution for defectives or in a place of safety for such time as is required for the presentation of the petition and the adjudication thereof.

(4) Where it appears to any court of summary jurisdiction by which a person charged with an offence is remanded or committed for trial that such person is a defective, the court may order that pending the further hearing or trial he shall be detained in an institution for defectives, or be placed under the guardianship of any person on that person entering into a recognisance for his appearance.

(5) Where it appears to the police authority that any person charged with an offence is a defective, they shall communicate with the local authority, and it shall be the duty of the police authority to bring before the court such evidence as to his mental condition as may be available:

Provided that, where it is intended to bring such evidence before the court, the police authority shall give notice of the intention to the person charged, and to his parent or guardian, if known.

9Procedure in case of defectives undergoing imprisonment, &c.

9. Where the Secretary of State is satisfied from the certificate of two duly qualified medical practitioners that any person who is undergoing imprisonment (except imprisonment under civil process) or penal servitude, or is undergoing detention in a place of detention by order of a court, or in a reformatory or industrial school or in an inebriate reformatory, or who is detained in a criminal lunatic asylum, is a defective, the Secretary of State may order that he be transferred there-from and sent to an institution for defectives, the managers of which are willing to receive him, or that he be placed under guardianship, and any order so made shall have the like effect as if it had been made by a judicial authority on petition under this Act.
Effect and Duration of Orders, &c.
10Effect of orders.

(1) An order that a defective be sent to an institution shall authorise the conveyance of that person to and his reception in the institution mentioned in the order, at any time within fourteen days (or, if the person is in a place of safety, within twenty-one days) after the date of the order, and his detention in that institution for such period as is hereinafter mentioned, and he shall be liable to be detained in the institution accordingly.

(2) An order that a defective be placed under guardianship shall, subject to regulations made by the Secretary of State, confer on the person named in the order as guardian such powers as would have been exerciseable if he had been the father of the defective and the defective had been under the age of fourteen, and the guardian shall also have power to warn persons against supplying intoxicants to him or for his use.

11Duration of detention under orders.

(1) An order made under this Act that a defective be sent to an institution or placed under guardianship shall expire at the end of one year from its date, unless continued in manner hereinafter provided:

Provided that in the case of any institution the Board may by order direct that orders that persons be sent thereto shall, unless continued as hereinafter provided, expire on the quarter day next after the day on which the orders would have expired under the above provision.

(2) An order shall remain in force for a year after the date when under the preceding provisions of this section it would have expired, and thereafter for successive periods of five years, if at that date and at the end of each period of one and five years respectively the Board, after considering such special reports and certificate as is hereinafter mentioned and the report of any duly qualified medical practitioner who, at the request of the defective or his parent or guardian or any relative or friend, has made a medical examination of the defective and the means of care and supervision which would be available if the defective were discharged consider that the continuance of the order is required in his interests and make an order for the purpose:

Provided that, where a defective was, at the time of being sent to the institution or placed under guardianship, under twenty-one years of age, the case shall be reconsidered by the visitors appointed under this Act within three months after he attains the age of twenty-one years.

(3) On such reconsideration the visitors shall visit the defective or summon him to attend before them and inquire into his mental condition and the means of care and supervision which would be available if he were discharged and into all the circumstances of the case, and, if it appears to them that further detention in an institution or under guardianship is no longer required in the interests of the defective himself, shall order him to be discharged:

Provided that, if the visitors do not order his discharge, the defective or his parent or guardian may, within fourteen days after the decision of the visitors has been communicated to the defective and his parent or guardian, appeal to the Board.

(4) The special reports above mentioned shall be—

  (a ) A special report by the visitors made within one month after having seen the defective as to his mental condition and the means of care and supervision which would be available if he were discharged, and stating whether, in the opinion of the visitors, the defective is still a proper person to be detained in his own interest in an institution or under guardianship; and

  (b ) A special report as to the mental and bodily condition of the defective made, in the case of a person detained in an institution, by the medical officer of that institution, and in any other case by a duly qualified medical practitioner, and shall be accompanied by a certificate that the defective is still a proper person to be detained in his own interest in an institution or under guardianship, and the person sending the special report shall give to the Board such further information concerning the defective to whom the special report relates as they may require.

(5) A certificate under the hand of the secretary to the Board that an order has been continued to the date therein mentioned shall be sufficient evidence of the fact.

12Duration of detention not under orders.

(1) Where a defective has been placed by his parent or guardian in an institution or under guardianship, it shall be lawful for such parent or guardian to withdraw him from the institution or guardianship at any time on giving notice in writing for the purpose to the Board, unless the Board, after considering what means of care and supervision would be available if he were discharged, determine within fourteen days after receiving the notice that the further detention of the defective in the institution or under guardianship is required in the interests of the defective, and, where the Board have so determined, no further notice by the parent or guardian shall be allowed till after the expiration of six months from the last previous notice.

(2) Subject to the foregoing provisions of this section, a defective who has been placed by his parent or guardian in an institution or under guardianship may be detained in the institution or under guardianship, and the case shall be reconsidered by the Board at like intervals and by the visitors, as if he had been ordered to be sent to the institution or placed under guardianship, and the provisions of the last foregoing section shall apply accordingly.

(3) The managers of any certified institution, or house, or any approved home may discharge any defective placed there by his parent or guardian on giving one month's notice to the Board and to the parent or guardian of the defective if known.

Supplemental.
13Power to recover expenses.

(1) Where an order that a defective be sent to an institution or be placed under guardianship has been made under this Act, the judicial authority which made the order or any other judicial authority, or, where the order is not made by a judicial authority, any judicial authority, may, on the application of the petitioner, or of the managers of the institution or the guardian, as the case may be, or of an officer authorised by the local authority, make an order requiring the defective, or any person liable to maintain him, to contribute such sum towards the expenses of his maintenance in the institution or of his guardianship, and any charges incidental thereto, including the cost of his conveyance to the institution, and in the event of his death in the institution his funeral expenses, as, having regard to the ability of the defective or person liable to maintain him, seems reasonable.

(2) Any such order may, on the application of the managers of the institution in which the defective is for the time being detained, or of the guardian, or of an officer authorised by the local authority, be enforced against any property of the defective or person liable to maintain him, if made by a judge of county courts, in the same way as is it were a judgment of the county court, and, if made by any other judicial authority, as if it were an order for the payment of a civil debt made by a court of summary jurisdiction.

(3) An order made under this section may be varied or revoked by the judicial authority which made it, or any other judicial authority.

(4) Where a defective has been placed by his parent or guardian in an institution or under guardianship, any sum which the parent or guardian has agreed in writing to contribute towards the expenses of the maintenance or guardianship of the defective shall be recoverable summarily as a civil debt.

14Provision as to contribution orders.

14. The persons liable to maintain a defective under the age of twenty-one against whom an order to contribute towards his maintenance may be made under this Act shall include in the case of illegitimacy his putative father and, if the judicial authority having cognisance of the case thinks fit, a person other than his putative father cohabiting with his mother: Provided that, where a defective is an illegitimate, and an affiliation order for his maintenance has previously been made on the application of his mother under the enactments relating to bastardy, the judicial authority shall not (unless in view of the special circumstances of the cafe he thinks it desirable) make an order for contribution against the putative father, but may order the whole or any part of the payments accruing due under the affiliation order to be made to the local authority or such other person as may be named in the order, to be applied towards the maintenance of the defective.
15Power to remove to place of safety pending presentation of petition.

(1) If any officer of the local authority authorised in that behalf or any constable finds neglected, abandoned, or without visible means of support or cruelly treated any person whom he has reasonable cause to believe to be a defective, he may take such person to a place of safety, and such person may be there detained until a petition under this Act can be presented.

(2) If it appears to a justice on information on oath laid by an officer or other person authorised by the local authority that there is reasonable cause to believe that a defective is neglected or cruelly treated in any place within the jurisdiction of the justice, the justice may issue a warrant authorising any constable named therein, accompanied by the medical officer of the local authority or any other duly qualified medical practitioner named in the warrant, to search for such person, and, if it is found that he is neglected or cruelly treated, and is apparently defective, to take him to and place him in a place of safety until a petition can be presented under this Act, and any constable authorised by such warrant may enter, and if need be by force, any house, building, or other place specified in the warrant, and may remove such person therefrom.

(3) Where the place to which such a person is taken is a workhouse, the master shall receive him into the workhouse if there is suitable accommodation therein, and any expenses incurred in respect of him shall be defrayed by the local authority, but shall, if an order is eventually made, be recoverable from the defective or any person liable to maintain him as if they were part of the expenses of his maintenance.

16Transfers from institutions for defectives to institutions for lunatics and vice vers.

(1) Where the mental condition of a person detained in an institution for defectives becomes or is found to be such that he ought to be transferred to an institution for lunatics, the Board, or the managers of the institution for defectives with the consent of the Board, shall cause such steps to be taken as may be necessary for having a reception order under the Lunacy Acts, 1890 to 1911, made in respect of him and for his removal to an institution for lunatics: Provided that, where such person has been placed in the institution by his parent or guardian, the Board or managers, as the case may be, shall not cause such steps to be taken until they have given the parent or guardian, wherever practicable, an opportunity of taking them himself.

(2) Where the mental condition of a person detained in an institution for lunatics is found to be such that he ought to be transferred to an institution for defectives, the Board, or the managers of the institution for lunatics with the consent of the Board, may cause such steps to be taken as may be necessary for having an order that he be sent to an institution for defectives made under this Act in respect of him and for his removal to such institution.

(3) The Board may, subject to the approval of the Secretary of State, make regulations for carrying this section into effect.

17Provisions as to religious persuasion.

(1) The judicial authority, court, or Secretary of State, in determining the institution to which a defective is to be sent under an order, shall endeavour to ascertain the religious persuasion to which the defective belongs, and the order shall, where practicable, specify the religious persuasion to which he appears to belong, and an institution conducted in accordance with that persuasion shall, where practicable, be selected.

(2) A minister of the religious persuasion specified in the order as that to which the defective appears to belong may visit the defective at the institution on such days, at such times, and on such conditions as may be fixed by the Board, for the purpose of affording religious assistance and also for the purpose of instructing him in the principles of his religion.

(3) Where a defective is sent to an institution which is not conducted in accordance with the religious persuasion to which the defective belongs, the defective shall not be compelled to receive religious instruction or religious ministrations which are not in accordance with his religious persuasion, but shall, as far as practicable, have facilities for receiving religious instruction and attending religious services conducted in accordance with his religious persuasion.

(4) Where an order is made for sending a defective to an institution which is not conducted in accordance with the religious persuasion to which he belongs, the nearest adult relative, or in the case of a child his guardian or person entitled to his custody, may apply to the Board to remove or send the defective to an institution conducted in accordance with the defective's religious persuasion, and the Board shall, on proof of the defective's religious persuasion, comply with the request of the applicant: Provided that the applicant must show to the satisfaction of the Board that the managers of the institution named by him are willing to receive the defective and that the institution is one suitable to the case.

18Provisions as to visiting of defectives.

18. The nearest adult relative or the guardian of a defective in an institution or under guardianship under this Act shall be entitled to visit the defective at such times and at such intervals (not exceeding six months) and on such conditions as may be prescribed, except where, owing to the character and antecedents of the person proposing to visit the defective, the Board consider that such a visit would be contrary to the interests of the defective.
19Judicial authorities.

(1) Any judge of county courts, police or stipendiary magistrate, or specially appointed justice who is a judicial authority for the purposes of the Lunacy Acts, 1890 to 1911, shall be a judicial authority for the purposes of this Act, and the number of justices specially appointed to be judicial authorities under those Acts shall be such as may be considered necessary to exercise the powers conferred by this Act as well as by those Acts on a judicial authority.

(2) Every judicial authority shall, in the exercise of the jurisdiction conferred by this Act, have the same jurisdiction and power as regards the summoning and examination of witnesses, the administration of oaths, costs, and otherwise, as if he were acting in the exercise of his ordinary jurisdiction, and shall be assisted, if he so requires, by the same officers as if he were so acting, and their assistance under this Act shall be considered in fixing their remuneration.

20Regulations as to procedure, forms, &c.

20. The Secretary of State may make regulations with respect to—
a ) the procedure on petitions under this Act;


b ) the procedure on applications for orders to vary or revoke orders previously made under this Act;


c ) the procedure on applications for orders for contributions towards the maintenance of a person in an institution or under guardianship;


d ) the procedure on the reconsideration by visitors of the cases of defectives on their attaining the age of twenty-one, and on appeals from the visitors to the Board;


e ) the forms of petitions, statutory declarations, certificates, orders, and other documents required for the purposes of this Part of this Act.


Part II.

Central and Local Authorities.
Central Authority.
21Central authority.

21. The Board of Control hereinafter constituted shall, subject to the provisions of this Act, be charged with the general superintendence of matters relating to the supervision, protection, and control of defectives:
Provided that, save as otherwise expressly provided by this Act, nothing in this Act shall affect any power exerciseable with respect to lunatics by the Lord Chancellor or the Commissioners in Lunacy, or the Judge or Masters in Lunacy, or by any visitors, court, local authority or other persons, whether under the Lunacy Acts, 1890 to 1911, or otherwise.

22Establishment of Commissioners.

(1) There shall be constituted a Board of Control consisting of not more than fifteen Commissioners, of whom not more than twelve shall be paid Commissioners, and of the paid Commissioners four shall be legal Commissioners (that is to say, practising barristers or solicitors of at least five years' standing) and four at least shall be medical Commissioners (that is to say, duly qualified medical practitioners of at least five years' standing) and at least one of the paid and one of the unpaid Commissioners shall be a woman.

(2) The Commissioners shall be appointed by His Majesty on the recommendation, as respects the legal Commissioners, of the Lord Chancellor, and, as respects the other Commissioners, of the Secretary of State; and in making such recommendation regard shall be had to the desirability of the inclusion amongst the Commissioners of persons specially qualified to hold inquiries amongst Welsh-speaking persons.

(3) The Secretary of State shall appoint one of the Commissioners to be chairman.

(4) The Board of Control so constituted shall be a body corporate by the name of “the Board of Control,” with a common seal and with power to hold land without licence in mortmain for the purposes of their powers and duties.

(5) If the Secretary of State so directs and subject to any regulations made by him, the Board shall appoint an administrative committee, and to such committee shall be entrusted such of the administrative powers and duties of the Board as are mentioned in the Schedule to this Act.

(6) Subject as aforesaid, any act or thing required or authorised by this Act to be done by the Board or the Commissioners may be done by any one or more of the Commissioners as the Secretary of State may by general or special order direct.

(7) There shall be paid to the Chairman and to such number, not exceeding eleven, of the Commissioners as the Secretary of State, with the consent of the Treasury, may determine, such salaries or other remuneration as the Secretary of State, with the like consent, may fix: Provided that, in the case of the Chairman, such salary shall not exceed eighteen hundred pounds a year, and, in the case of the Commissioners other than the Chairman, such salary shall not exceed the sum of fifteen hundred pounds a year, but may begin at such lower sum as the Secretary of State with the consent of the Treasury may fix.

(8) The Chairman and paid Commissioners shall hold office during His Majesty's pleasure. The unpaid Commissioners shall hold office for such term as the Secretary of State may determine.

(9) The persons who immediately before the commencement of this Act hold office as paid Commissioners in Lunacy, shall, by virtue of their office, become as from the commencement of this Act paid Commissioners of the Board of Control, and shall, notwithstanding anything in this section, continue to hold their offices by the like tenure and be entitled to the like salary as if they continued to hold the same offices as they held before the commencement of this Act.

23Secretary, inspectors, and officers.

(1) The Board shall be assisted in the performance of their duties by a secretary and by such inspectors and other officers and servants as the Secretary of State, with the consent of the Treasury as to number, may determine. Such inspectors and other offices and servants shall include women as well as men.

(2) The secretary, inspectors, and other officers and servants shall be appointed by the Board, subject to the approval of the Secretary of State.

(3) There shall be paid to the secretary, inspectors, officers, and servants of the Board such salaries or remuneration as the Secretary of State, with the consent of the Treasury, may determine.

24Disqualifications.

(1) A person shall not be qualified to be a Commissioner, or an inspector, secretary, officer, or servant of the Board, if he is directly or indirectly interested in any certified institution or house, or approved home under this Act, or in any house licensed under the Lunacy Acts, 1890 to 1911, and any Commissioner, inspector, secretary, or officer who becomes so interested shall be disqualified to hold office.

(2) If any person holding any such office as aforesaid acts when he is disqualified under the provisions of this section, he shall be guilty of a misdemeanour.

25General powers and duties of Commissioners.

(1) Subject to regulations made by the Secretary of State, the Board shall—

  (a ) exercise general supervision, protection, and control over defectives;

  (b ) supervise the administration by local authorities of their powers and duties under this Act;

  (c ) certify, approve, supervise, and inspect institutions, houses, and homes for defectives, and all arrangements made for the care, training, and control of defectives therein;

  (d ) visit, either through one or more Commissioners or through their inspectors, defectives in institutions and certified houses and approved homes, or under guardianship, or (with a view to their certification) elsewhere, and persons who have been placed under the care of any person as being defectives;

  (e ) provide and maintain institutions for defectives of dangerous or violent propensities;

  (f ) to take such steps as may be necessary for ensuring suitable treatment of cases of mental deficiency;

  (g ) make annual reports (to be presented to Parliament) and such special reports as the Secretary of State may from time to time require;

  (h ) administer, in accordance with this Act, grants made out of money provided by Parliament under this Act.

(2) Without prejudice to their powers and duties under any regulations which the Secretary of State may make for further or more frequent inspection and visitation, it shall be the duty of the Board, through one or more Commissioners to inspect every certified institution, certified house, and approved home at least once in each year, and either through themselves or their inspectors to inspect every certified institution, certified house, and approved home one additional time in each year and every defective under guardianship, at least twice in every year, and any Commissioner shall have power to discharge at any time any person detained in a certified institution or certified house or under guardianship under this Act:

Provided that a Commissioner shall not exercise such power of discharge without the consent of the Secretary of State in the case of a person sent to such an institution by order of the Secretary of State from a prison, criminal lunatic asylum, place of detention, reformatory or industrial school, or inebriate reformatory, so long as the term for which he was committed to the prison or other place from which he was transferred remains unexpired.

26Expenses of central authorities.

26. The salaries or other remuneration of the Commissioners and the officers of the Board, and any other expenses incurred by the Secretary of State or the Board in carrying this Act into effect, to such amount as may be sanctioned by the Treasury shall be defrayed out of moneys provided by Parliament.
Local Authorities.
27Local authorities.

27. The local authority for the purposes of this Act shall, as respects a county, be the council of the county, and, as respects a county borough, be the council of the borough.
28Committees for the care of defectives.

(1) Every local authority shall constitute a committee for the purposes of this Act, hereinafter called the committee for the care of the mentally defective, consisting of such members of the council appointed by the council as the council may determine, and of such persons, not being members of the council, but being poor law guardians or other persons having special knowledge and experience with respect to the care, control, and treatment of defectives, appointed by the council as the council may determine, and of the persons so appointed some shall be women, and of the whole committee the majority shall be members of the council:

Provided that, where a local authority has appointed one or more visiting committees or asylums committees under the Lunacy Acts, 1890 to 1911, then, if the council so determine—

  (a ) the members of such committee or committees shall, with the addition of at least two women, act also as the committee for the care of the mentally defective; or

  (b ) the members of such committee or committees shall be the members of the council appointed by the council to be members of the committee for the care of the mentally defective.

(2) All matters relating to the exercise by the local authority of their powers under this Act (except the power of raising a rate or borrowing money) shall stand referred to the committee for the care of the mentally defective, and the local authority before exercising any such powers shall, unless in their opinion the matter is urgent, receive and consider the report of the committee with respect to the matter in question. The local authority may also delegate to the committee, with or without any restrictions as they think fit, any of their powers under this Act, except the power of raising a rate or borrowing money.

(3) A person shall be disqualified for being a member of the committee for the care of the mentally defective who by reason of holding an office or place of profit, or having any share or interest in a contract or employment, is disqualified for being a member of the council appointing the committee, but no such disqualification shall apply to a person by reason only of his holding office in a school or college aided, provided, or maintained by the council.

29Joint action.

(1) Where on such application as is hereinafter mentioned it appears to the Secretary of State that two or more local authorities should join far the purpose of the exercise and performance of any of their powers and duties under this Act, the Secretary of State, with the concurrence of the Local Government Board, shall have power by order to make such provisions as appear to him necessary or expedient, by the constitution of a joint committee or joint board or otherwise, for the joint exercise and performance of all or any of the powers under this Act of such local authorities; and any such order may provide how, and in what proportions, and out of what funds or rates, the expenses incurred in the joint exercise and performance of such powers are to be defrayed, and may contain such incidental, consequential, and supplemental provisions (including provisions, adapting any of the provisions of this Act to the case of any committee or board so constituted) as may be necessary for the purposes of the order.

(2) An order under this section for the joint exercise and performance of all or any of the powers under this Act of two or more local authorities may be made on the application of one or more of such authorities, but, unless all such authorities agree to the making of such order, it shall be provisional only, and shall not have effect unless confirmed by Parliament.

(3) Any such order shall remain in operation for the period (if any) named therein, or, if no period is so named, until it is determined by mutual agreement between the local authorities concerned with the consent of the Secretary of State: Provided that any such order may be revoked or varied by an order made on a like application and subject to the like provisions as the original order.

(4) Sections two hundred and ninety-seven and two hundred and ninety-eight of the Public Health Act, 1875 (which relate to the making of Provisional Orders by the Local Government Board), shall, with the necessary modifications, apply for the purposes of this Act as if they were herein re-enacted and in terms made applicable thereto.

30General powers and duties of local authorities.

30. The local authority are hereby empowered, and it shall be their duty, subject to the provisions of this Act and to regulations made by the Secretary of State—
a ) to ascertain what persons within their area are defectives subject to be dealt with under this Act otherwise than under paragraph (a ) of subsection one of section two of this Act;


b ) to provide suitable supervision for such persons, or if such supervision affords insufficient protection, to take steps for securing that they shall be dealt with by being sent to institutions or placed under guardianship in a accordance with this Act;


c ) to provide suitable and sufficient accommodation for such persons when sent to certified institutions by orders under this Act, and for their maintenance therein, and for the conveyance of such persons to and from such institutions;


d ) to make provision for the guardianship of such persons when placed under guardianship by orders under this Act;


e ) if they think fit, to maintain in an institution or approved home or contribute ute towards the expenses of maintenance in an institution or approved home or the expenses of guardianship of any defectives other than aforesaid;


f ) if they think fit, to provide for the burial of persons dying in an institution or when placed under guardianship in accordance with this Act;


g ) to appoint or employ sufficient officers and other persons to assist them in the performance of their duties under this Act;


h ) to make to the Board annual reports and such other reports as the Board may require:


Provided that—

(i)nothing in this Act shall be construed as imposing any obligation on a local authority to perform the duties mentioned in paragraphs (b ), (c ), (d ), and (g ) aforesaid where the contribution out of moneys provided by Parliament under this Act towards the cost on income account of performing such duties is less than one half of the net amount (as approved by the Board) of such cost;


(ii)nothing in this Act shall affect the powers and duties of poor law authorities under the Acts relating to the relief of the poor, with respect to any defectives who may be dealt with under those Acts; nor the right of poor law authorities to receive the same grant for a defectives who has been, or may be, sent to an institution, that they would have received if theIdiots Act, 1886, had not been repealed; nor shall local authorities under this Act have any duties with respect to defectives who for the time being are being provided for by such authorities as aforesaid, except to such extent as may be prescribed by regulations made by the Secretary of State with the con currency of the Local Government Board;


(iii)nothing in this Act shall affect the powers and duties of local authorities under the Lunacy Acts, 1890 to 1911, with respect to any defectives who may be deal with under those Acts, nor shall local authorities under this Act have any duties or powers with respell to defectives who for the time being are, or who might be, provided for by such authorities as aforesaid except to such extent as may be prescribed by rustications made by the Secretary of State with the concurrence of the Lord Chancellor;


(iv)nothing in this Act shall affect the duties or powers of local education authorities under the Education Acts; and the duty of ascertaining what children over the age of seven and under the age of sixteen (herein-after referred to as defective children) are defectives shall rest with the local education authority as herein-after provided and not with the local

authority under this Act; and such last mentioned authorities shall have no duties as respects defective children, except those whose names and addresses have been notified to them by the local education authority under the provisions of this Act.

31Duties of local education authorities.

(1) The duties of a local education authority shall include a duty to make arrangements, subject to the approval of the Board of Education,—

  (a ) for ascertaining what children within their area are defective children within the meaning of this Act;

  (b ) for ascertaining which of such children are incapable by reason of mental defect of receiving benefit or further benefit from instruction in special schools or classes;

  (c ) for notifying to the local authority under this Act, the names and addresses of defective children with respect to whom it is the duty of the local education authority to give notice under the provisions hereinbefore contained.

In case of doubt as to whether a child is or is not capable of receiving such benefit as aforesaid, or whether the retention of a child in a special school or class would be detrimental to the interests of the other children, the matter shall be determined by the Board of Education.

(2) The provisions of section one of the Elementary Education (Defective and Epileptic Children) Act, 1899 , shall apply with the necessary modifications for the purposes of this section.

32Power of Secretary of State to act in default.

(1) If the Board report to the Secretary of State that a local authority have made default in the performance of any of their duties under this Act, the Secretary of State may, after holding a local inquiry in any case where he deems it desirable to do so, and on being satisfied that such default has taken place, by order require the local authority to do such acts and things for remedying the default as he may direct, and any such order may be enforced by mandamus.

(2) Any expenses incur red by or on behalf of the Secretary of State under any such order or in respect of any such default, or in respect of any such inquiry, shall, if the Secretary of State so directs, be expenses of the local authority, and the treasurer or other proper officer of the local authority shall pay the amount of such expenses to the Secretary of State within two months after demand, and in default of payment the amount thereof shall be recoverable as a debt due to the Crown.

(3) An order of the Secretary of State shall be conclusive in respect of any default, amount of expenses, and any other matter therein stated or appearing; but nothing in this provision shall prejudice or affect the right or power of the Secretary of State or any other authority or person to take any other proceedings for requiring a local authority to perform their duties under this Act.

33Expenses and borrowing by local authorities.

(1) The expenses of a local authority under this Act shall be defrayed, in the case of a county council out of the county fund, and in the case of a county borough council out of the borough fund or borough rate, or, if no borough rate is levied, out of a separate rate to be made, assessed, and levied in like manner as the borough rate:

Provided that the expenses incurred by a local authority in the exercise of their powers under this Act for purposes other than the fulfilment of their obligations under this Act shall not in any one year exceed an amount equal to that which would be produced by a rate of one halfpenny in the pound on the property liable to be assessed for the purpose as assessed for the time being for the purposes of that rate.

(2) A local authority may borrow for the purposes of this Act in the case of a county council, as for the purposes of the Local Government Act, 1888 , and in the case of a county borough council, as for the purposes of the Public Health Acts; but in the application of section sixty-nine of the Local Government Act, 1888, to money borrowed by a county council under this Act a period not exceeding sixty years shall be substituted for a period not exceeding thirty years as the maximum period within which money borrowed is to be repaid, and the money borrowed by a county borough council shall be borrowed on the security of the fund or rate out of which the expenses of the council under this Act are payable.

(3) Money borrowed under this Act shall not be reckoned as part of the total debt of a county for the purposes of section sixty-nine of the Local Government Act, 1888, or as part of the debt of a county borough for the purposes of the limitation on borrowing under subsections (2) and (3) of section two hundred and thirty-four of the Public Health Act, 1875 .

(4) Separate accounts shall be kept by the council of a county borough of their receipts and expenditure under this Act.

34Special provisions as to Lancashire.

34. The Lancashire Asylums Board shall, as respects the county of Lancaster and the county boroughs represented on the said Board, be the local authority for the purposes of this Act for that county and these county boroughs, and the provisions of the Lancashire County (Lunatic Asylums and other Powers) Act, 1891, as to expenses, borrowing, accounts, and audit shall apply accordingly in substitution for the provisions as to the like matters contained in this Act.
Part III.

Certification and Provision of Institutions, &c.
35State in situations.

(1) The Board, subject to the approval of the Secretary of State, may establish and maintain institutions for defectives of dangerous or violent propensities (in this Act referred to as State institutions), and for that purpose the Secretary of State may cause to be transferred to the Board the whole or any part of any building vested in the Prison Commissioners or otherwise under the control of the Secretary of State, or may, with the approval of the Treasury, authorise the Board under this Act either to acquire any land or erect or acquire any building.

(2) For the purposes of this Act, the Board shall be deemed to be the managers of State institutions.

36Certification of institutions.

36. The Board may, upon the application of the managers of premises intended for the reception, control, care, and treatment of defectives, if satisfied of the fitness of the premises and of the persons proposing to maintain them for such purposes, grant a certificate to the managers to receive defectives therein, and a certificate so granted shall continue in force for the period for which it is granted or until revoked or resigned under this Act, and an institution so certified is in this Act referred to as a certified institution.
37Approval of premises provided by boards of guardians.

(1) On the application of the local authority for any area comprising the whole or any part of a poor law union, the Board may, subject to the consent of the Local Government Board, if satisfied of the special fitness for the detention, care, and training of defectives of any buildings or other premises provided by the board of guardians of that union, either alone or in conjunction with any other board of guardians, approve the premises for the reception of defectives, and thereupon this Act shall apply as if the premises so approved were a certified institution and the guardians were the managers thereof, and, so long as any such premises continue to be so approved, it shall be lawful for the board of guardiahs in their capacity of managers, subject to the approval of the Local Government Board, to enter into agreements with any local authority as to the reception and maintenance therein of defectives ordered to be sent thereto under this Act, and to receive such defectives accordingly.

(2) Any defective ordered to be sent to any such premises under this Act shall not be deemed to be in receipt of poor law relief by reason that the premises are provided by a board of guardians.

38Power of local authorities to establish or contribute to institutions.

(1) A local authority may, subject to the approval of the Secretary of State,—

  (a ) undertake or combine with any other local authority in undertaking, or contribute such sums of money upon such conditions as they may think fit towards, the establishment, building, alteration, enlargement, rebuilding, or management of institutions certified or intended to be certified under this Act or the purchase of any land required for the use of a certified institution or for the site of an institution intended to be certified under this Act; and

  (b ) contract with the managers of any certified institution for the reception and maintenance in the institution of persons for whose reception and maintenance the local authority are by this Act required or authorised to make provision.

(2) Where plans of any proposed alteration, enlargement, rebuilding or building have been approved by the Secretary of State for the purposes of this section, they shall be carried out without any modifications (except such as the Secretary of State may approve), and no building or site which has been provided by a council or to which they have contributed under this section shall, without the consent of the Secretary of State, be used for any purpose other than that for which it has been approved.

(3) Land may be acquired by a local authority for the purposes of this Act in the case of the council of a county under and in accordance with the Local Government Act, 1888 , and in the case of the council of a county borough as for the purposes of the Public Health Acts.

39Transfer of premises for use as institutions.

39. Where any premises vested in the Prison commissioners, any board of guardians, or other public authority are no longer required for the purposes for which they were provided, and the Board of Control are satisfied as to the fitness of the premises for the reception of defectives, the Prison Commissioners, the board of guardians, or other authority may, with the consent of the Secretary of State, the Local Government Board, or other Department of the Government concerned, lease or grant the use of the premises to any local authority under this Act, or other person, for the purpose of their being used as a certified institution.
40Visitors of institutions.

(1) The persons appointed under the Lunacy Acts, 1890 to 1911, to act as visitors of licensed houses, with the addition of one or more women appointed in like manner as such visitors, shall be the visitors of institutions for defectives under this Act, and the number of persons appointed to be visitors of licensed houses under those Acts shall be such as may be considered necessary to perform the duties of visitors of institutions for defectives under this Act as well as the duties of visitors of licensed houses under those Acts, and their duties under this Act shall be taken into consideration in determining the remuneration, if any, of the visitors and clerks to visitors.

(2) In all places where no persons are so appointed to act as visitors of licensed houses a sufficient number of persons, possessing the like qualifications as such visitors, with the addition of one or more women shall be appointed in like manner as such visitors to act as visitors of institutions for defectives, and a clerk to such visitors shall be appointed in like manner as in the case of the clerk to the visitors appointed under the Lunacy Acts, 1890 to 1911, and the expenses of visitors so appointed, including the remuneration, if any, of any visitors and clerks to visitors, shall be defrayed in like manner as the expenses of visitors under the Lunacy Acts, 1890 to 1911.

(3) The visitors of institutions for defectives shall perform such functions as are assigned to them by this Act and such further functions in connection with the visitation of institutions and of the patients therein, and of defectives under guardianship, and with respect to the discharge of such defectives and their after care and otherwise, as may be assigned to them by regulations of the Secretary of State under this Act.

41Regulations as to management of institutions for defectives, &c.

(1) The Secretary of State may make regulations as to—

  (a ) the granting, transfer, renewal, revocation, and resignation of certificates for institutions;

  (b ) the management of institutions;

  (c ) the classification and treatment of patients in institutions, their instruction, and their employment in suitable occupations, and the reports to be made as to their mental condition and otherwise in respect of them;

  (d ) the inspection of institutions and the visitation of patients therein by the Board and inspectors and other persons;

  (e ) the notification to the Board of the admission of a patient to an institution;

  (f ) the transfer of patients from one certified institution to another, and from a State institution to a certified institution, and, in cases appropriate to State institutions, from a certified institution to a State institution;

  (g ) the discharge of patients from institutions;

  (h ) the absence of patients from institutions under licence or temporarily without licence;

  (i ) the notifications to be made by the managers in the event of the outbreak of an infectious disease in an institution and in the event of the death of a patient in an institution or absent therefrom under licence;

  (j ) the conveyance of persons to and from institutions;

  (k ) the burial of persons dying in institutions;

  (l ) the powers and duties of persons appointed guardians of defectives under this Act; the reports to be made by such guardians as to defectives under their guardianship; the visitation of such defectives; and their discharge from guardianship;

  (m ) the granting, renewal, and revocation of approval of homes for defectives;

  (n ) the holding of inquiries and any other matter necessary or proper for the carrying into effect of the provisions of this Act with respect to institutions, and the inmates thereof, and to guardianship;

  (o ) the application, as respects any matters to be dealt with by regulations, of any of the provisions of the Lunacy Acts, 1890 to 1911, dealing with the like matters, subject to the necessary modifications and adaptations;

  (p ) the study of improved methods of treating mental deficiency.

(2) The regulations made under this section shall make applicable as respects institutions and the patients therein the provisions of sections forty, forty-one, forty-two, forty-seven, and fifty-three of the Lunacy Act, 1890:

Provided that nothing in this subsection shall be construed as restricting any power of the Secretary of State under subsection (1) of this section.

42Apprehension of defectives escaping.

42. If a patient in an institution or absent from an institution under licence or without a licence escapes, he may be apprehended without warrant by any constable or by the managers of the institution or any person authorised by them in writing, and brought back to the institution.
43Ascertainment of local authority responsible for providing accommodation, &c.

(1) Where a person is ordered to be sent to a certified institution or to be placed under guardianship, the local authority responsible for providing accommodation for that person or making provision for his guardianship, as the case may be, shall be the council of the county or county borough in which he resided (to be specified in the order), and the dues of that council shall include, in the case of a person ordered to be sent to a certified institution, the duty to provide for his conveyance to, and reception and maintenance in, such an institution.

(2) An order that a person be sent to an institution or placed under guardianship shall not, where a council will by virtue of this Act become responsible for providing for the conveyance, reception and maintenance of that person in an institution, or making provision for his guardianship, as the case may be, be made unless that council have been given an opportunity of being heard, or, if the order is made by the Secretary of State, of making representations to him, and, if room is available in an institution, suitable for the defective, provided by the responsible authority, an order shall not, without the consent of that authority, be made for sending the defective to any other institution.

(3) The council responsible under this section for the maintenance of a person in a certified institution shall continue responsible for his maintenance in the event of his transfer to another such institution, and shall be responsible for his conveyance on his transfer from the one institution to the other; and the council responsible under this section for making provision for the guardianship of a person placed under guardianship shall, in the event of his being sent to a certified institution under an order varying the original order, be responsible for his conveyance to, and his reception and maintenance in, such an institution.

44Determination of residence.

(1) Where the order is made in respect of a person found guilty of an offence, that person shall for the purposes of the provisions of the last preceding section be presumed to have resided in the place where the offence was or was alleged to have been committed, unless it is proved that he resided in some other place:

Provided that, where the order is made by a court of assize or quarter sessions, the court shall remit to a court of summary jurisdiction for the place where the person is committed for trial the determination of his place of residence.

(2) Where the order is made by the Secretary of State, then—

  (a ) if the order is in respect of a person in a prison, inebriate reformatory, criminal lunatic asylum, or place of detention, that person shall, for the purposes of the provisions of the last foregoing section, be presumed to have resided in the place where the offence was or was alleged to have been committed, unless it is proved that he resided in some other place;

  (b ) If the order is in respect of a person in a reformatory or industrial school, that person shall, for the purposes of the provisions of the last foregoing section, be deemed to have resided in the place (if any) determined to have been his place of residence for the purposes of his committal to the reformatory or industrial school.

(3) Where a council are aggrieved by a decision as to the place of residence of any person, they may, within three months after the making of the order, apply to a petty sessional court acting in and for such place as may be prescribed, and that court, on proof to its satisfaction that the person in respect of whom the order was made was resident in the area of some other council, and after giving such other council an opportunity of being heard, may transfer the liability to that other council, and may order that other council to repay the first-mentioned council any expenses incurred by them in respect of the person in question, and an appeal shall lie from the decision of the court to a court of quarter sessions; but nothing in this provision shall affect the liability of the first-mentioned council under the original order until an order made transferring the liability to another council comes into force.

(4) In the case of doubt as to where a person resides the expression “place of residence” in this section shall be construed as the county or county borough (as the case may be) in which the person would, if he were a pauper, be deemed to have acquired a settlement within the meaning of the law relating to the relief of the poor.

(5) The power of the Lord Chancellor to make rules under section twenty-nine of the Summary Jurisdiction Act, 1879 , shall extend to making rules for prescribing anything which under this section is to be prescribed, and generally to the procedure of courts of summary jurisdiction under this section.

45Superannuation of officers.

(1) The Asylums Officers' Superannuation Act, 1909 , shall apply to the officers of certified institutions provided by local authorities, with the substitution of references to the managers of such institutions for references to visiting committees of asylums, and with such other adaptations and modifications as the Secretary of State may by order prescribe, and in particular such modifications may include the alteration of—

  (a ) the periods of service entitling to superannuation allowances;

  (b ) the scale of superannuation allowances and gratuities;

  (c ) the scale of contributions:

Provided that nothing in this section shall authorise the Secretary of State to prescribe by order any modifications of the Asylums Officers' Superannuation Act, 1909, which would have the effect of increasing the amount of any superannuation allowance which could be granted to, or of reducing the amount of any contribution made by, any officer or servant under that Act.

(2) Before an order is made by the Secretary of State under this section, the draft thereof shall be laid before each House of Parliament for a period of not less than thirty days during the session of Parliament, and, if either of those Houses, before the expiration of those thirty days, presents an address to His Majesty against the draft or any part thereof, no further proceedings shall be taken thereunder, without prejudice to the making of any new draft order.

46Scheme for the payment of superannuation allowances or gratuities to officers.

(1) The managers or owner of any certified institution not provided by a local authority, or of a certified house or an approved home, may establish, or join with the managers or owners of one or more such institutions, houses, or homes in establishing, a scheme for the payment of superannuation allowances and gratuities to officers thereof who become incapable of discharging the duties of their office by reason of permanent infirmity of mind or body, or old age, upon their resigning or otherwise ceasing to hold their offices.

(2) The expenses incurred under any such scheme shall be treated as part of the expenses of management.

47Contributions by the Treasury.

47. There shall be paid out of money provided by Parliament such sums on such conditions as the Secretary of State may, with the approval of the Treasury, recommend towards the expenses of any persons detained in certified institutions or placed under guardianship, including the expenses of removal in the case of any such person ordered to be transferred from one such institution to another and towards other expenses incurred by local authorities under this Act:
Provided that, unless Parliament otherwise determines, the aggregate amount so paid in any financial year shall not exceed one hundred and fifty thousand pounds, but for the purpose of this limitation there shall be excluded all sums paid towards the expenses of persons sent to such institutions or placed under guardianship—

a ) by order of the Secretary of State;


b ) by order of a court or judicial authority after having been found guilty of an offence, or having been ordered or found liable to be ordered to be sent to an industrial school.


48Treasury contributions towards expenses of societies assisting defectives.

48. Where a society has undertaken the duty of assisting or supervising defectives whilst not in institutions under this Act, there may be paid to the society out of money provided by Parliament towards the expenses of the society in connexion with such persons such sums and on such conditions as the Secretary of State, with the approval of the Treasury, may recommend.
49Provisions as to certified houses.

(1) A person desirous of receiving defectives at his house for private profit may apply to the Board for a certificate, and the Board, if satisfied of the fitness of the premises and of the applicant, may, if they think fit, on payment by the applicant of the prescribed fee, grant a certificate to the applicant subject to such conditions as they may impose, and a certificate so granted shall continue in force for the period for which it is granted or until revoked or resigned under this Act, and a house in respect of which such a certificate is in force is in this Act referred to as a certified house, and the person to whom such a certificate is granted is referred to as the owner of such house.

(2) Any defective who may be ordered to be sent to, or may be placed in, an institution under this Act may be ordered to be sent to, or may be placed in a certified house, and all the provisions of this Act relating to institutions and the patients therein shall apply to certified houses and the patients therein:

Provided that—

  (a ) no part of the money provided by Parliament under this Act shall be applied towards the expenses of defectives in certified houses; and

  (b ) a local authority shall have no power or duty to contribute towards the expenses of defectives ordered to be sent to, or placed in, a certified house or to provide for their conveyance to, and reception and maintenance in, a certified house; and

  (c ) the provisions of this Act with respect to the recovery from defectives or the persons liable to maintain them of contributions towards the expenses of their maintenance shall not apply in the case of defectives in, or ordered to be sent to, certified houses; and

  (d ) a special report under section eleven of this Act as to the mental and bodily condition of a defective detained in a certified house shall not be made by the medical officer of the house or by any medical practitioner directly or indirectly interested in the house.

50Provisions as to approved homes.

(1) The managers of any premises wherein defectives are received and supported wholly or partly by voluntary contributions or by applying the excess of payments of some patients for or towards the support of other patients, and any person desirous of receiving defectives in his house for private profit, may apply to the Board to approve the premises or house, and the Board, if satisfied of the fitness of the same and of the applicant, may, if they think fit, on payment by the applicant of such fee (if any) as may be prescribed, grant their approval subject to such conditions as to inspection, the making of reports, and otherwise as they may think fit, and any such approval shall continue valid for the period for which it is granted or until withdrawn under this Act, and any premises or house so approved are in this Act referred to as an approved home.

(2) It shall not be lawful to receive or detain in an approved home any person ordered to be sent to an institution for defectives under an order of the judicial authority, or a court, or a Secretary of State under this Act.

Part IV.

General.
Offences, Legal Proceedings, &c.
51Offences with respect to the reception and detention of defectives.

(1) It shall not be lawful for a person without the consent of the Board to undertake the care and control of more than one person who is a defective, or who is placed under his care as being a defective elsewhere than in an institution, a certified house, or an approved home, and, if any person contravenes this provision, he shall be guilty of a misdemeanour.

(2) Where a person undertakes the care and control of any person who is a defective or is placed under his care as being a defective elsewhere than in an institution, a certified house, or an approved home, he shall, within forty-eight hours after the reception of such person, give notice thereof in the prescribed form to the local authority and to the Board, and, if he fails to do so, he shall be guilty of an offence under this Act.

(3) If any manager of any institution for defectives, or the owner of a certified house, or the guardian of a defective, detains a patient or exercises any of the powers conferred upon him by this Act after he has knowledge that those powers have expired, he shall be guilty of a misdemeanour.

(4) Nothing in this section shall apply to or affect any person who under the Lunacy Acts, 1890 to 1911, or the Elementary Education (Defective and Epileptic Children) Act, 1899, as amended by any subsequent enactment, receives or detains any person in accordance with those Acts, notwithstanding that the person so received and detained is a defective within the meaning of this Act.

52Offence of supplying intoxicants contrary to warning.

52. If any person, having been warned by a person appointed to be guardian of a defective under this Act, or by a person under whose charge a patient absent from an institution or from a certified house has been placed, not to supply intoxicants to or for the use of the person under his guardianship or charge, knowingly supplies any intoxicants to or for the use of that person, he shall be guilty of an offence under this Act:
Provided that a person shall not be guilty of the offence of supplying intoxicants in contravention of the warning if the person giving the warning refuses, when required so to do, to produce the authority under which he acts.

53Offences in relation to institutions, &c.

53. If any person secretes a patient in any institution or certified house or approved home or induces or knowingly assists a patient in all institution or a certified house, or a person allowed out from such an institution or house either on licence or without a licence, or a person in a place of safety or under guardianship under this Act, to escape or to break any conditions of his guardianship or licence, he shall be guilty of an offence under this Act.
54Obstruction.

(1) Any person who obstructs any Commissioner or inspector or visitor or any officer or other person appointed or employed by a local authority in the exercise of the powers conferred by or under this Act, shall be guilty of a misdemeanour.

(2) Any person who wilfully obstructs any other person authorised under this Act by an order in writing under the hand of the Secretary of State to visit and examine any person alleged to be a defective, or to inspect or inquire into the state of any institution, certified house, approved home, prison, or place wherein any person represented to be a defective is confined or alleged to be confined, in the execution of such order, and any person who wilfully obstructs any person authorised under this Act by any order of the Board to make any visit and examination or inquiry in the execution of such order, shall be guilty of an offence under this Act.

55Ill-treatment.

55. If any manager, officer, nurse, attendant, servant, or other person employed in an institution or certified house, or approved home, or any person having charge of a defective, whether by reason of any contract, or of any tie of relationship. or marriage, or otherwise, illtreats or wilfully neglects the defective, he shall be guilty of a misdemeanour.
56Protection of defectives from acts of sexual immorality, procuration, &c.

(1) Any person—

  (a ) who unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any woman or girl under care or treatment in an institution or certified house or approved home, or whilst placed out on licence therefrom or under guardianship under this Act; or

  (b ) who procures, or attempts to procure, any woman or girl who is a defective to have unlawful carnal connection, whether within or without the King's dominions, with any person or persons; or

  (c ) who causes or encourages the prostitution, whether within or without the King's dominions, of any woman or girl who is a defective; or

  (d ) who, being the owner or occupier of any premises, or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman or girl who is a defective to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally; or

  (e ) who, with intent that any woman or girl who is a defective should be unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, takes or causes to be taken such woman or girl out of the possession and against the will of her parent or any other person having the lawful care or charge of her;

shall be guilty of a misdemeanour and shall be liable upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years unless he proves that he did not know, and had no reason to suspect, that the woman or girl was a defective.

(2) Section ten of the Criminal Law Amendment Act, 1885 , shall apply in the case of a woman or girl who is a defective in the same manner as it applies in the case of a girl who is under the age of sixteen years.

(3) Without prejudice and in addition to the provisions of the Criminal Law Amendment Act, 1880 , no consent shall be any defence in any proceedings for an indecent assault upon any defective, if the accused knew or had reason to suspect that the person in respect of whom the offence was committed was a defective.

(4) No indictment under this section shall be tried at quarter sessions.

(5) If on the trial of an indictment for rape the jury are satisfied that the accused is guilty of an offence under paragraph (a ) of subsection (1) of this section, but are not satisfied that he is guilty of rape, the jury may acquit him of rape and find him guilty of such offence as aforesaid, and in that event he shall be liable to be punished as if he had been convicted on an indictment for such offence as aforesaid.

(6) Section four of the Criminal Evidence Act, 1898 , shall have effect as if this section of this Act were included in the Schedule to that Act.

57False entries.

57. Any person who in any book, statement, or return knowingly makes any false entry as to any matter as to which he is by this Act or any rules made under this Act required to make an entry shall be guilty of a misdemeanour.
58Punishment of person making untrue statement for purpose of obtaining certificate or approval.

58. If any person, for the purpose of obtaining any certificate or approval under this Act or the renewal of any such certificate or approval, wilfully supplies to the Board any untrue or incorrect information, plan, description, or notice he shall be guilty of a misdemeanour.
59Penalty for breach of regulations.

59. If any person is guilty of a breach of any regulation made under this Act, he shall be liable on summary conviction to a penalty not exceeding such as may be prescribed as respects such a breach by the regulations, but the maximum penalty imposed by the regulations in respect of any breach shall not exceed imprisonment, with or without hard labour, for a term of three months or a fine of fifty pounds, or both.
60Punishment for offences.

(1) An offence under this Act declared to be a misdemeanour shall be punishable by fine or by imprisonment for a term not exceeding two years, with or without hard labour, but may, except where otherwise expressly provided, instead of being prosecuted on indictment, be prosecuted summarily, and, if so prosecuted, shall be punishable only with imprisonment for a term not exceeding three months, with or without hard labour, or with a fine not exceeding fifty pounds, or both.

(2) Any other offence under this Act shall be punishable summarily with imprisonment for a term not exceeding three months with or without hard labour, or with a fine not exceeding fifty pounds, or both.

61Appeals.

61. Any person aggrieved by the conviction or sentence of a court of summary jurisdiction under this Act may appeal to quarter sessions.
62Protection of officers for the purposes of arrest.

62. The managers of an institution and the owner of a certified house and every officer of such institution or house authorised in writing by the managers or owner, for the purpose of conveying a person to or from the institution, or house, or of apprehending and bringing him back to the institution or house in case of his escape or refusal to return, shall, for that purpose and while engaged in that duty, have all the powers, protections, and privileges of a constable.
63Application of sections 330 and 332 of Lunacy Act, 1890.

63. Section three hundred and thirty of the Lunacy Act, 1890, which relates to the protection of persons putting that Act in force, and section three hundred and thirty-two of the
same Act, which relates to the powers of Commissioners and visitors to summons witnesses, shall have effect as if they were herein enacted and in terms made applicable to this Act.

Supplemental.
64Administration of property.

64. The provisions of section fifty and Part IV. of the Lunacy Act, 1890, as amended by any subsequent enactment, shall apply with respect to the management and administration of the estate of a person sent to or placed in an institution or to or in a certified house or placed under guardianship in accordance with the provisions of this Act, in like manner as they apply to the management and administration of the estate of a person lawfully detained as a lunatic but not so found by inquisition, and shall apply to the management and administration of the estate of a person with regard to whom it is proved to the satisfaction of the judge in lunacy that he is a defective within the meaning of this Act in like manner as they apply to the management and administration of the estate of a person who is through mental infirmity arising from disease or age incapable of managing his affairs.
65Transfer to Board of powers and duties of Lunacy Commissioners.

(1) All the powers and duties of the Commissioners in Lunacy under the Lunacy Acts, 1890 to 1911, shall, as from the commencement of this Act, be transferred to the Board, and His Majesty may, by Order in Council, direct that anything which under those Acts is required or authorised to be done by, to, or in respect of, any one or more Commissioners in Lunacy or any officer of those Commissioners shall, be done by, to, or in respect of, one or more Commissioners under this Act, or the corresponding officer of the Board:

Provided that nothing in such Order in Council shall authorise anything by those Acts required to be done by two Commissioners, one a medical practitioner and the other a barrister, to be done otherwise than by two commissioners, one a medical and the other a legal commissioner, but the order may provide that, in the case of the temporary illness or disability of a legal or medical commissioner, the Lord Chancellor or the Secretary of State (as the case may be) may appoint a person qualified to be a legal or medical commissioner to act as substitute so long as the illness or disability continues.

(2) As from the commencement of this Act, the existing staff of the Commissioner in Lunacy shall be transferred to and become members of the staff of the Board, but without prejudice to the rights of any existing members of such staff.

(3) As from the commencement of this Act, sections one hundred and fifty to one hundred and sixty-one of the Lunacy Act, 1890, shall be repealed.

66Power to authorise committee for care of mentally defective to act as asylums committee.

66. The Secretary of State may by order authorise the council of a county or county borough acting as a local authority under the Lunacy Acts, 1890 to 1911, to appoint the committee for the care of the mentally defective constituted
under this Act to be the visiting committee or asylums committee for the purposes of those Acts, anything in those Acts to the contrary notwithstanding.

67Repeal of Idiots Act, 1886.

(1) The Idiots Act, 1886, is hereby repealed.

(2) Any hospital, institution, or licensed house which at the commencement of this Act is registered under the Idiots Act, 1886, shall, without further certification, become a certified institution under this Act:

Provided that—

  (a ) if any such hospital, institution, or licensed house is carried on for private profit, the hospital, institution, or house shall become a certified house instead of a certified institution; and

  (b ) if the committee of management of any such hospital, institution, or licensed house make an application to the Board for the purpose, and the Bard makes an order, the whole or any part of the hospital, institution, or house to which the order relates shall become and be treated as an approved home.

(3) Any person who before the commencement of this Act has been placed in a hospital, institution, or licensed house registered under the Idiots Act, 1886, may, after the commencement of this Act, continue to be detained therein in like manner in all respects as if he had been placed therein in pursuance of the provisions of this Act and immediately after the commencement thereof.

(4) Nothing in this Act shall affect the right of any person who is or has been an officer or servant of a hospital, institution, or licensed house registered under the Idiots Act, 1886, to receive or to continue to receive any superannuation allowance to which he would have been entitled had this Act not been passed.

68Provisions as to regulations.

68. Regulations made under this Act shall be laid before Parliament as soon as may be after they are made, and, if within thirty sitting days after they have been so laid either House of Parliament presents an address to His Majesty praying that any such regulations may be annulled, His Majesty may, by Order in Council, annul the regulations, without prejudice, however, to anything done thereunder, and the regulation made under this Act shall have effect as if enacted in this Act.
69Laudability to removal.

69. The time during which a defective is detained in an institution or resides in an approved home under this Act shall for all purposes be excluded in the computation of time mentioned in section one of the Poor Removal Act, 1846, as amended by any subsequent enactment.
70Provisions against disfranchisement.

70. The maintenance in an institution or under guardianship under this Act of any person for whose maintenance any other person is responsible shall not deprive that other person
of any franchise, right, or privilege, or subject him to any disability.

71Interpretation.

(1) In this Act, unless the context otherwise requires,—

The expression “prescribed” means prescribed by regulations made under this Act:

The expression “parent or guardian” in relation to a defective shall include any person who undertakes or performs towards the defective the duty of a parent or guardian:

The expression “relative” means the husband or wife or a lineal ancestor or lineal descendant, or lineal descendant of an ancestor not more remote than great-grandfather or great-grandmother:

The expression “intoxicants” includes any intoxicating liquor, and any sedative, narcotic, or stimulant drug or preparation:

The expression “place of safety” means any workhouse or police station, any institution, any place of detention, and any hospital, surgery, or other suitable place, the occupier of which is willing to receive temporarily persons who may be taken to places of safety under this Act:

The expression “special school or class” means a special school or class within the meaning of the Elementary Education (Defective and Epileptic Children) Act, 1899:

The expressions “institution” and “institution for defectives” mean a state institution or certified institution:

The expression “State institution” means an institution for defectives of dangerous or violent propensities established by the Board under this Act:

The expression “certified institution” means an institution in respect of which a certificate has been granted under this Act to the managers to receive defectives therein, and includes, subject to the provisions of this Act, any premises provided by a board of guardians and approved under this Act:

The expression “certified house” means a house in which defectives are received by the owner thereof for his private profit, and in respect of which a certificate has been granted under this Act:

The expression “approve' home” means any premises in which defectives are received and supported wholly or partly by voluntary contributions, or by applying the excess of payment of some patients for or towards the support of other patients, or a house in which defectives are received by the owner thereof for his private profit, and which has been approved by the Board under this Act:

The expression “institution for lunatics” has the same meaning as in the Lunacy Acts, 1890 to 1911:

The expression “board of guardians of a poor law union” shall include the Metropolitan Asylums Board and any joint committee of a combination of unions constituted by order of the Local Government Board.

(2) Cost on income account shall, as respects an institution provided by a local authority, include expenditure out of income by the authority by way of interest on or repayment of capital raised, or by way of rent or other similar payment, for the purposes of the provision of the institution.

(3) For the purposes of this Act, the Scilly Islands shall be deemed to be a county, and the council of those islands the council of a county, and any expenses incurred by that council under the provisions of this Act shall be treated as general expenses of the council.

72Short title, extent, and commencement.

(1) This Act may be cited as the MentalDeficiencyAct, 1913.

(2) This Act shall not extend to Scotland or Ireland.

(3) This Act shall come into operation on the first day of April nineteen hundred and fourteen, except that as respects the constitution of the Board of Control, and the appointment of the secretary, officers, and servants of the Board, it shall come into operation on the first day of November nineteen hundred and thirteen.

###

1. The following classes of persons who are mentally defective shall be deemed to be defectives within the meaning of this Act:—
a ) Idiots; that is to say, persons so deeply defective in mind from birth or from an early age as to be unable to guard themselves against common physical dangers;


b ) Imbeciles; that is to say, persons in whose case there exists from birth or from an early age mental defectiveness not amounting to idiocy, yet so pronounced that they are incapable of managing themselves or their affairs, or, in the case of children, of being taught to do so;


c ) Feeble-minded persons; that is to say, persons in whose case there exists from birth or from an early age mental defectiveness not amounting to imbecility, yet so pronounced the they require care, supervision, and control for their own protection or for the protection of others, or, in the case of children, that they by

reason of such defectiveness appear to be permanently incapable of receiving proper benefit from the instruction in ordinary schools;

d ) Moral imbeciles; that is to say, persons who from an early age display some permanent mental defect coupled with strong vicious or criminal propensities on which punishment has had little or no deterrent effect.


2Duty of parents and of school board and parish council to provide for defectives.

(1) It shall be the duty of the parents or guardians of children between five and sixteen years of age who are defectives within the meaning of this Act, to make provision for the education or for the proper care and supervision of such children as the case may require, and, where the parent or guardian of a defective child is, by reason of the attendant expense, unable to make suitable provision as aforesaid, it shall be the duty of the school board (except as herein-after in this section provided) to make such provision either in virtue of their powers under the Education of Defective Children (Scotland) Act, 1906 , as read with the Education (Scotland) Act, 1908 , or in terms of this Act as the local authority concerned.

(2) It shall be the duty of the school board to make arrangements, as the local authority concerned under this Act, and subject to the approval of the Scotch Education Department—

  (a ) for ascertaining what children within their area are defectives within the meaning of this Act;

  (b ) for ascertaining which of such children are incapable by reason of mental defect of receiving benefit or further benefit from instruction in special schools or classes, or of receiving such instruction without detriment to the interests of the other chicken and for notifying to the parish council and the General Board of Control herein-after constituted (in this Act referred to as the Board) the names and addresses of such children.

(3) In the case of doubt as to whether a child is or is not capable of receiving such benefit as aforesaid, or whether the retention of a child in a special school or class would be detrimental to the interests of the other children, the matter shall be determined by the Scotch Education Department.

(4) When the name and address of a child have been notified to the parish council under this section the duty of the school board to make suitable provision in regard to such child in terms of this Act shall be transferred to and imposed on the parish council, which shall thereafter in the case of such child be the local authority concerned under this Act.

(5) It shall be the duty of the parish council, as the local authority concerned in terms of this Act and subject to regulations made by the Board with the approval of the Secretary for Scotland, to ascertain what persons of sixteen years or over within their parish (not being persons who can be dealt with as lunatics under the Lunacy Acts) are defectives subject to be dealt with under this Act otherwise than at the instance of their parents or guardians, and to take steps for securing that they shall be dealt with by being sent to institutions or placed under guardianship in accordance with this Act.

3Circumstances rendering defectives subject to be deal with.

(1) A person who is a defective shall be subject to be dealt with under this Act in accordance with the provisions thereof hereinafter contained—

  (a ) at the instance of his parent or guardian, if he is an idiot or imbecile or at the instance of his parent if, though not an idiot or an imbecile, he is under the age of twenty-one; or

  (b ) at the instance of the school board or the parish council, as the case may be, if he is a person under the age of sixteen for whom it is the duty of the school board or the parish council to make suitable provision; or

  (c ) if in addition to being a defective he is a person—

(i)who is found neglected, abandoned, or without visible means of support, or cruelly treated; or

(ii)who is found guilty of any offence punishable in the case of an adult with penal servitude or imprisonment, or who is ordered or found liable to be ordered to be sent to a certified industrial school; or

(iii)who is undergoing a sentence of imprisonment (except imprisonment under civil process), or penal servitude, or is undergoing detention in a place of detention by order of a court, or in a reformatory or industrial school, or in an inebriate reformatory or who is detained in an asylum or other lawful place of detention for lunatics or a criminal lunatic asylum; or criminal lunatic department of a prison; or

(iv)who is an habitual drunkard within the meaning of the Inebriates Acts, 1879 to 1900; or

(v)in whose case such notice has been given by the school board as is herein-after in this section mentioned; or

(vi)who, being a woman and unmarried, is in receipt of poor relief at any time during her pregnancy or at the time of giving birth to a child; or

(vii)who, during any consecutive period of six months in the year immediately before the commencement of proceedings under this Act, has been in receipt of poor relief in a poor-house on three or more than three several occasions;

Provided that, in the case of persons under the age of sixteen referred to in paragraph (c ) of this subsection, the local authority concerned shall be the school board, unless such persons are, or have been, notified to the parish council under the immediately preceding section; and in the case of persons of sixteen years or over referred to in paragraph (c ) of this subsection, the local authority concerned shall be the parish council.

(2) Notice shall, subject to regulations made by the Scotch Education Department, be given by the school board to the parish council and to the Board in the case of all defective children for whom the school board have made provision and whose discharge from a special school or class, or from an institution, or from guardianship is impending by reason of their attaining the age of sixteen, in whose case the school board are of opinion that it would be to their benefit that they should be sent to or remain in an institution or be placed or remain under guardianship.

4Power to deal with defectives at instance or with consent of parent or guardian.

 4.—(1) (a ) The parent or guardian of a defective who is an idiot or imbecile, or the parent of a defective who, though not an idiot or an imbecile, is under the age of twenty-one; and

  (b ) the school board with the consent of the parent or guardian of a defective under the age of sixteen for whom it is the duty of the school board to make suitable provision; and

  (c ) the parish council with the consent of the parent or guardian of a defective under the age of sixteen for whom it is the duty of the parish council to make suitable provision, or of a defective of sixteen years or over, but under twenty-one years, in whose case notice has been given by the school board under the immediately preceding section;

may deal with such defective under this Act by placing him in an institution for defectives or under guardianship: Provided that he shall not be so placed except upon a certificate in writing (in the prescribed form) of two duly qualified medical practitioners, one of whom shall be a medical practitioner duly approved for the purpose by the Board or the local authority concerned (if any) stating that the person to whom the certificate relates is a defective and the class of defectives to which he belongs, accompanied by a statement, signed by the parent or guardian, giving the prescribed particulars with respect to him; and he shall not be so placed by his parent or guardian without the consent of the Board; and he shall not be so placed by a school board or a parish council unless by reason of the attendant expense he cannot be so placed except with their assistance.

(2) In this section “prescribed” means prescribed under regulations made by the Board with the approval of the Secretary for Scotland.

5Power to deal with defectives otherwise.

5. A defective subject to be dealt with under this Act, and not so dealt with under the immediately preceding section, may so be dealt with—
a ) under an order made by the sheriff on a petition presented under this Act (herein-after referred to as a judicial order); or


b ) under an order of he Secretary for Scotland, in the case of a defective detained in a prison, criminal lunatic asylum or the criminal lunatic department of a prison, reformatory or industrial school, place of detention, or inebriate reformatory;


but no such order shall be made except in the circumstances and in the manner herein-after specified.

Requirements as to the making of Orders.
6Presentation of petitions.

(1) A judicial order under this Act shall be obtainable upon an application to the sheriff by petition made by any relative or person contributing towards the support of the alleged defective, or by the local authority concerned, or where, under the provision in this Act herein-after contained, a case has been reported to the procurator fiscal, by the procurator fiscal.

(2) Every petition shall be accompanied by two medical certificates, signed not more than one month previous to the presentation of the petition, and one of which shall be signed by a medical practitioner approved for the purpose by the Board, and, one of which shall, whenever practicable, be under the hand of the usual medical attendant, if any, of the alleged defective, and by a statutory declaration signed by or on behalf of the petitioner and by at least one other person (who may be one of the persons who give a medical certificate) stating—

  (a ) that the person to whom the petition relates is a defective within the meaning of this Act, and the class of defectives to which he is alleged to belong; and

  (b ) that that person is subject to be dealt with under this Act, and the circumstances which render him so subject; and

  (c ) whether or not a petition under this section, or a petition for an order under the Lunacy Acts has previously been presented in relation to that person, and, if such a petition has been presented, the date thereof and the result of the proceedings thereon.

(3) If a petition (not being a petition presented by the local authority concerned) is not presented by a relative, it shall contain a statement of the reasons why the petition is not presented by a relative, and of the connexion of the petitioner with the person to whom the petition relates and the circumstances under which he presents the petition.

(4) Where the Board—

  (a ) are satisfied that the local authority concerned have refused or neglected to place in an institution or under guardianship any person (being a defective whose parent or guardian consents to his being so placed) whom they ought to have so placed; or

  (b ) are satisfied that a petition under this section ought to be presented in relation to any person, and that the local authority concerned have refused or neglected to cause a petition to be presented;

the Board may present a petition, in relation to any such person, and this section shall apply accordingly.

7Procedure on presentation of petition.

(1) Upon the presentation of the petition the sheriff shall, unless cause to the contrary shall be shown to his satisfaction, grant warrant to cite the person to whom the petition relates to appear personally to show cause why an order should not be made against him.

(2) The sheriff may, before disposing of the petition, adjourn the case for such time as he shall fix in order that evidence may be adduced or further information may be procured, and he may remit to any suitable person to make such enquiries as the sheriff shall direct and to report to the sheriff, or may remit to a suitable person to visit and examine the person to whom the petition relates, or to take evidence on commission, and may order the person to whom the petition relates to submit himself to medical examination; or the sheriff may himself visit the person or take such other means as he shall think appropriate, in order to satisfy himself as to the expediency of granting or refusing the petition.

(3) Proceedings before the sheriff may, in any case if the sheriff thinks fit, and shall, if so desired by the person to whom the petition relates, be conducted in private, and in that case no one except the petitioner, the person to whom the petition relates, his parents or guardian, and any two persons appointed for the purpose by the person to whom the petition relates, or by his parents or guardian, and the persons signing the medical certificates and the statutory declaration accompanying the petition shall, without leave of the sheriff, be allowed to be present.

(4) If the sheriff is satisfied that the person to whom the petition relates is a defective, and is also satisfied that he is subject to be dealt with under this Act, the sheriff may make an order either ordering him to be sent to an institution, or appointing a suitable person to be his guardian, and the order shall state the class of defectives to which he belongs, and the circumstances which render him subject to be dealt with under this Act: Provided that, where the petition is not presented by the parent or guardian, the order shall not be made without the consent of the parent or guardian unless the sheriff is satisfied that the parent or guardian cannot be found or unless, in the opinion of the sheriff, such consent is unreasonably withheld, and the withholding of such consent is calculated to prejudice the best interests of the defective; and provided further that nothing in this section shall prevent an order being made, notwithstanding that the person to whom the petition relates does not appear to the sheriff to belong to the class of defectives to which he is in the petition alleged to belong.

(5) The sheriff shall, in the exercise of the jurisdiction conferred by this Act, have the same jurisdiction, and the same power as regards the summoning and examination of witnesses, the administration of oaths, the awarding of expenses, and otherwise as if he were acting in the exercise of his ordinary civil jurisdiction.

8Variation orders.

(1) Where an order has been made, either by a sheriff or otherwise, that a defective be placed under guardianship, the Board may, on application being made for the purpose by or on behalf of the defective or guardian or by the local authority concerned, and on being satisfied that the case is or has become one unsuitable for guardianship, order that the defective be sent to an institution.

(2) A person appointed to be guardian of a defective may, on the application of the local authority concerned or of any other person who appears to be interested, be removed from his office by the Board, and where a person appointed to be guardian of a defective dies, or resigns his office, or is removed from his office, the Board may, on the like application, appoint a suitable person to act in his stead.

(3) An order under this section shall not be made without giving to the local authority concerned, if any, and where practicable to the parent or guardian, or the relative or other person who presented the original petition, an opportunity of representing their view.

9Procedure in cases of persons guilty of offences, &c.

(1) Where a person is charged with any offence punishable in the case of an adult with penal servitude or with imprisonment or where a child is brought before a court under section fifty-eight of the Children Act, 1908 , and the court is of opinion that the charge is proved or that the child is liable to be sent to an industrial school, the court, if it appears to it that such person or child is a defective within the meaning of this Act may, without proceeding to convict or to make an order for committal to an industrial school, as the case may be, adjourn the proceedings and report the case to the local authority concerned or to the procurator fiscal with a view to the presentation of a petition by them or him for a judicial order under this Act, provided that for the purposes of this Act a person shall be deemed to be a person found guilty of an offence where the court is of opinion that the charge is proved.

(2) Where a court adjourns the proceedings under the provisions of the foregoing subsection, or remands or commits for trial any person or child who appears to the court to be a defective within the meaning of this Act, the court may, without prejudice to any other powers, order the person or child, pending further proceedings in the matter, to be detained in an institution for defectives, or to be placed under the guardianship of any person on his finding bail for the appearance of the person or child.

(3) Where it appears to the prosecutor or to the person bringing a child before a court under section fifty-eight of the children Act, 1908, that the accused person or child, as the case may be, is a defective within the meaning of this Act, it shall be the duty of such prosecutor or person to bring before the court such evidence as may be available of the mental condition of such accused person or child.

10Procedure in case of defectives under going imprisonment, &c.

10. Where the Secretary for Scotland is satisfied from the certificate of two duly qualified medical practitioners that any person who is undergoing a sentence of imprisonment (except imprisonment under civil process) or penal servitude, or is undergoing detention in a place of detention by order of a court, or in a reformatory or industrial school or in an inebriate reformatory, or who is detained in a criminal lunatic asylum, or the criminal lunatic department of a prison, is a defective, the Secretary for Scotland may order that he be transferred therefrom and sent to an institution for defectives, or that he be placed under guardianship, and any order so made shall have the like effect as a judicial order under this Act.
Effect and Duration of Orders, &c.
11Effect of orders.

(1) An order that a defective be sent to an institution shall authorise the conveyance of that person to and his reception in the institution mentioned in the order, at any time within fourteen days after the date of the order, and his detention in that institution for such period as is hereinafter mentioned, and he shall be liable to be detained in the institution accordingly.

(2) An order that a defective be placed under guardianship shall, subject to regulations made by the Secretary for Scotland, confer on the person named in the order as guardian such powers as would have been exercisable if he had been the father of the defective and the defective had been under the age of fourteen, or, if a female, under the age of twelve, and the guardian shall also have power to warn persons against supplying intoxicants to him or for his use.

12Duration of detention under orders.

(1) An order made under this Act that a defective be sent to an institution or placed under guardianship shall expire at the end of one year from its date, unless continued in manner herein-after provided:

Provided that, in the case of any institution, the Board may fix four quarterly dates in each year and direct that orders that persons be sent thereto shall, unless continued as hereinafter provided, expire at the quarterly date next after the day on which the orders would have expired under the above provision.

(2) An order shall remain in force for a year after the date when under the preceding provisions of this section it would have expired, and thereafter for successive periods of three years, if at that date and at the end of each period of one and three years respectively the Board, after considering such special report and certificate as is herein-after mentioned, and the means of care and supervision which would be available if he were discharged, intimate to the defective, and his parent or guardian, if any, or any other person who presented the original petition, and to any local authority concerned, that the continuance of the order is required in the interests of the defective:

Provided that, where a defective was, at the time of being sent to the institution or placed under guardianship, under twenty-one years of age, the case shall be reconsidered by the Board within three months after he attains the age of twenty-one years.

(3) On such consideration or reconsideration the Board, if it appears to them that further detention in an institution or under guardianship is no longer required in the interests of the defective, shall order him to be discharged:

Provided that, if the Board do not order his discharge, the defective or his parent or guardian or any other person who presented the original petition or the local authority concerned may, within fourteen days after intimation of the decision of the Board, appeal to the sheriff, who shall hold such inquiry and subject to the provisions of this Act shall dispose of the appeal by discharging the defective or otherwise as he shall think fit.

(4) The special report above mentioned shall be a special report as to the mental and bodily condition of the defective made, in the case of a person detained in an institution, by the medical officer of that institution, and in any other case by a duly qualified medical practitioner, and shall be accompanied by a certificate under his hand that the defective is still a proper person to be detained in an institution or under guardianship, and the person sending the special report shall give to the Board such further information concerning the defective to whom the special report relates as they may require.

(5) Notwithstanding anything in this section contained, an order made upon a petition presented by a school board shall cease to have effect when the defective attains the age of sixteen; but without prejudice to his being further dealt with as in this Act provided.

(6) A certificate under the hand of the secretary to the Board that an order has been continued to the date therein mentioned shall be sufficient evidence of the fact.

13Duration of detention not under orders.

(1) Where under this Act a defective has been placed by his parent or guardian in an institution or under guardianship, it shall be lawful for his parent or guardian to withdraw him from the institution or guardianship at any time on giving notice in writing for the purpose to the Board, unless the Board, after considering what means of care and supervision would be available if he were discharged, determine within fourteen days after receiving the notice that the further detention of the defective in the institution or under guardianship is required in the interests of the defective, and where the Board have so determined no further notice by the parent or guardian shall be allowed till after the expiration of one year from the last previous notice.

(2) Subject to the foregoing provisions of this section, a defective who under this Act has been placed by his parent or guardian, or by a parish council with the consent of his parent or guardian, in an institution or under guardianship may be detained in the institution or under guardianship, and the case shall be reconsidered by the Board at like intervals, and subject to the like right of appeal, as if he had been ordered to be sent to the institution or placed under guardianship, and the provisions of the last foregoing section shall apply accordingly.

(3) Where a defective has been placed by a school board in an institution or under guardianship with the consent of his parent or guardian, the authority for his detention shall cease when he attains the age of sixteen; but without prejudice to his being further dealt with as in this Act provided.

(4) The managers of any certified institution or house may discharge any defective placed there by his parent or guardian on giving one month's notice to the Board and to the parent or guardian of the defective, if known.

Supplemental.
14Power to recover expenses.

(1) Where an order that a defective be sent to an institution or be placed under guardianship has been made under this Act, whether by a sheriff or otherwise, any sheriff having jurisdiction may, on the application of the local authority concerned, or, where there is no local authority concerned, of the petitioner, or of the managers of the institution or the guardian, make an order requiring the defective, or any person liable to maintain him, to contribute such sum towards the expenses of his maintenance in the institution, or of his guardianship, and any charges incidental thereto, including the expenses, in the event of his death in the institution, of his funeral, as, having regard to the ability of the defective or person liable to maintain him, seems reasonable.

(2) Any such order may be enforced against any property of the defective or person liable to maintain him in the same way as if it were a decree in the sheriff small debt court.

(3) An order made under this section may be varied or revoked by any sheriff having jurisdiction.

15Power to remove to place of safety pending presentation of petition.

(1) If any officer of the local authority concerned, authorised in that behalf, or any constable finds neglected, abandoned, or without visible means of support, or cruelly treated any person whom he has reasonable cause to believe to be a defective, he may take such person to a place of safety, and such person may be there detained until a petition under this Act can be presented.

(2) If it appears to the sheriff on information on oath laid by an officer of, or any person authorised by, the local authority concerned that there is reasonable cause to believe that a defective is neglected, abandoned, or cruelly treated in any place within the sheriff's jurisdiction, the sheriff may issue a warrant authorising any constable named therein, accompanied by the medical officer of the local authority concerned or any other duly qualified medical practitioner named in the warrant, to search for such person, and if they find that he is neglected or cruelly treated, and is apparently defective, to take him to and place him in a place of safety until a petition can be presented under this Act, and any constable authorised by such warrant may enter, and if need be by force, any house, building, or other place specified in the warrant, and may remove such person therefrom.

(3) Where the place to which such a person is taken is a poorhouse, the governor shall receive him into the poorhouse if there is suitable accommodation therein, and any expenses incurred in respect of him shall be defrayed by the local authority concerned, but shall, if an order is eventually made, be recoverable from the defective or any person liable to maintain him, as if they were part of the expenses of his maintenance.

16Transfers from institutions for defections to institutions for lunatics and vice vers.

(1) Where the mental condition of a person detained in an institution for defectives becomes or is found to be such that he ought to be transferred to an asylum or other lawful place of detention for lunatics, the Board, or the managers of the institution for defectives with the consent of the Board, may cause such steps to be taken as may be necessary for having a sheriff's order under the Lunacy Acts made in respect of him and for his removal to such place: Provided that, where such person has been placed in the institution by his parent or guardian, the Board or managers, as the case may be, shall not cause such steps to be taken until, where practicable, they have communicated with the parent or guardian and given such parent or guardian an opportunity of taking them himself.

(2) Where the mental condition of a person detained in an asylum, or other lawful place of detention for lunatics is found to be such that he ought to be transferred to an institution for defectives, the Board, or the managers of such asylum or place, with the consent of the Board, may cause such steps to be taken as may be necessary for having an order that he be sent to an institution for defectives made under this Act in respect of him and for his removal to such institution.

(3) The Board may, subject to the approval of the Secretary for Scotland, make regulations for carrying this section into effect.

17Provisions as to religious persuasion.

(1) The sheriff or the Secretary for Scotland, in determining the institution to which a defective is to be sent under an order, shall endeavour to ascertain the religious persuasion to which the defective belongs, and the order shall, where practicable, specify the religious persuasion to which he appears to belong, and an institution conducted in accordance with that persuasion shall, where practicable, be selected.

(2) A minister of the religious persuasion specified in the order as that to which the defective appears to belong may visit the defective at the institution on such days, at such times, and on such conditions as may be fixed by the Board for the purpose of affording religious assistance and also for the purpose of instructing him in the principles of his religion.

(3) Where a defective is sent to an institution which is not conducted in accordance with the religious persuasion to which the defective belongs, the defective shall not be compelled to receive religious instruction or religious ministrations which are not in accordance with his religious persuasion, but shall, as far as practicable, have facilities for receiving religious instruction and attending religious services conducted in accordance with his religious persuasion.

(4) Where an order is made for sending a defective to an institution which is not conducted in accordance with the religious persuasion to which he belongs, the nearest adult relative or, in the case of a child, his guardian or person entitled to his custody, may apply to the Board to remove or send the defective to an institution conducted in accordance with the defective's religious persuasion, and the Board shall, on proof of the defective's religious persuasion, comply with the request of the applicant; provided that the applicant must; show to the satisfaction of the Board that the managers of the institution named by him are willing to receive the defective, and that the institution is one suitable to the case.

18Regulations as to forms, &c.

18. The Board may, with the approval of the Secretary for Scotland, make regulations with respect to—
a ) the proceedings on the reconsideration by the Board of the cases of defectives on their attaining the age of twenty-one; and


b ) the forms of statutory declarations, certificates, orders, and other documents required for the purposes of this Part of this Act.


Part II.

General Board of Control and District Boards
of Control.
General Board of Control.
19Establishment of General Board of Control.

(1) The General Board of Commissioners in Lunacy for Scotland shall be reconstructed subject to the provisions of this Act and shall, as from the fifteenth day of May in the year nineteen hundred and fourteen, be designated the General Board of Control for Scotland, and the Members shall be designated Commissioners of the General Board of Control for Scotland. The Board shall adopt an official seal, and describe themselves generally by the style and title of the General Board of Control for Scotland, with power to sue and be sued in that name, and to make rules, subject to the approval of the Secretary for Scotland, for conducting the business of the Board:

Provided that, except in so far as otherwise directed by this Act or inconsistent therewith, all the provisions of the Lunacy Acts with regard to the constitution and meetings of the General Board of Commissioners in Lunacy aforesaid, and the powers, duties, and privileges of that Board and of the Commissioners and Deputy Commissioners in Lunacy for Scotland, shall apply and have effect with regard to the General Board of Control and the Commissioners and Deputy Commissioners of the General Board of Control for Scotland respectively; and the Chairman and Commissioners and Deputy Commissioners of the General Board of Commissioners in Lunacy shall respectively as from the day aforesaid be the Chairman and Commissioners and Deputy Commissioners of the General Board of Control.

(2) In addition to the two paid Commissioners, for whose appointment provision is made by the Lunacy Acts, there may be appointed by His Majesty on the recommendation of the Secretary for Scotland, at any time after the passing of this Act, a third paid Commissioner, who shall be a duly qualified medical practitioner; and thereafter references in the Lunacy Acts to the two paid Commissioners shall be construed as references to the three paid Commissioners, and, notwithstanding anything in the Lunacy Acts contained, it shall be lawful for the Secretary for Scotland to regulate the duties of the paid Commissioners or any one or more of them.

(3) In addition to the two Deputy Commissioners for whose appointment provision is made in the Lunacy Acts, the Secretary for Scotland, with the approval of the Treasury, may, at any time after the passing of this Act, and from time to time appoint not more than four duly qualified medical practitioners to be Deputy Commissioners of the Board, of whom at least one shall be a woman.

(4) Notwithstanding anything contained in the Lunacy Acts, there shall be paid to the paid Commissioners and to the Deputy Commissioners of the Board such salaries as the Secretary for Scotland, with the consent of the Treasury, may determine.

(5) In the construction and for the purposes of any Act of Parliament contract or other deed passed, entered into, or executed, or of any action or proceeding raised before the day aforesaid the name of the Board shall be deemed to be substituted for the General Board of Commissioners in Lunacy for Scotland, and, except so far as inconsistent with this Act, any act or thing which, if this Act had not been passed, might have been done by the General Board of Commissioners in Lunacy for Scotland may be done by the Board.

(6) As from the day aforesaid the existing staff of the General Board of Commissioners in Lunacy for Scotland shall be transferred to and become members of the staff of the Board, but without prejudice to the rights of any existing members of such staff.

20Disqualifications.

(1) A person shall not be qualified to be a Commissioner or Deputy Commissioner, or an inspector, secretary, or officer of the Board, if he is directly or indirectly interested in any certified institution or house for defectives under this Act, or in any establishment or house where a lunatic or lunatics are received under the Lunacy Acts, and any Commissioner, Deputy Commissioner, inspector, secretary, or officer who becomes so interested shall be disqualified to hold office.

(2) If any person holding any such office as aforesaid acts when he is disqualified under the provision of this section he shall be guilty of an offence punishable by fine or by imprisonment for a term not exceeding two years.

21Expenses of central authorities.

21. The salaries or other remuneration of the Commissioners, Deputy Commissioners, and the officers of the Board, and any other expenses incurred by the Secretary for Scotland, the Board, or the Prison Commissioners for Scotland in carrying this Act into effect, to such an amount as may be sanctioned by the Treasury, shall be defrayed out of moneys provided by Parliament.
District Boards of Control.
22Constitution of district boards of control.

(1) As from the fifteenth day of May in the year nineteen hundred and fourteen a district board of lunacy shall cease to be so called, and shall be designated a district board of control.

(2) The Board may, by regulation, from time to time alter the number of members of district boards, and make provision as may be necessary for all matters arising out of or connected with such alteration, including provision for varying existing enactments as to the representation of any authority on a district board (not being the district board of a single parish) and any consequential provision, so far as such variation is necessary to meet the circumstances of any district where, owing to the number of authorities, difficulty would arise in constituting a district board.

(3) One-third as nearly as may be of the total number of members of a district board (not being the district board of a single parish) shall be elected annually by the chairmen of parish councils of parishes within the district in accordance with regulations prescribed by the Board, and from and after the date named in such regulations.

(4) A regulation under this section shall not take effect until approved by the Secretary for Scotland.

(5) Nothing in this section contained shall authorise the Board to make provision for the representation on a district board of any authorities other than county councils, town councils, or parish councils, or to vary the proportion of the members to be elected by chairmen of parish councils.

(6) Nothing in any statute contained shall operate to prevent the election to a district board, if the authority having the right to elect so determine, of persons who are not members of that authority.

(7) If a district board as constituted in pursuance of this section contains no women, the district board shall co-opt not more than two women to be members of the board, and the number of the board shall be increased accordingly.

(8) The disqualifications for membership of a county council prescribed by section nine of the Local Government (Scotland) Act, 1889 , shall, with the necessary variations, apply as disqualifications for membership of a district board, not being the district board of a single parish.

23Substitution of district boards of control for district boards of lunacy.

(1) As from the fifteenth day of May in the year nineteen hundred and fourteen, except so far as varied by or inconsistent with the provisions of this Act, all enactments regulating the constitution and election of district boards of lunacy, and otherwise relating to such boards, and every reference in any Act of Parliament, deed, instrument, or order to a district board of lunacy constituted under the law in force at the passing of this Act, shall be read and construed as referring to a district board of control.

(2) Subject to the provisions of this Act, a district board of control shall come in place of and be deemed to be a continuance of the district board of lunacy in existence in a lunacy district at the passing of this Act, and a district board of control shall have and may exercise all the powers and duties and shall be subject to all the liabilities of a district board of lunacy; and the officers of a district board of lunacy shall become the officers of the district board of control; and all property belonging to or vested in or held in trust for a district board of lunacy shall pass to and vest in and be held in trust for the district board of control subject to all debts and liabilities affecting the same, and shall be held by the district board of control for the same purposes for which it was held by the district board of lunacy.

Part III.

Powers of General and District Boards, Certification
and Provision of Institutions for Defectives, &c.
24Board to exercise general superintendence of defectives.

24. The General Board of Control, in addition to the other duties devolving on them under the Lunacy Acts and this Act, shall, subject to the provisions of this Act, be charged with the general superintendence of matters relating to the supervision, protection, and control of defectives.
25General powers and duties of Board as to defectives.

(1) Subject to regulations made by the Secretary for Scotland, the Board shall—

  (a ) exercise general supervision, protection, and control over defectives;

  (b ) co-ordinate and supervise the administration by school boards, parish councils, and district boards of their powers and duties in regard to defectives under this Act;

  (c ) certify, approve, supervise, and inspect institutions and houses for defectives, and private dwellings for the reception of defectives under guardianship, and all arrangements made for the care and control of defectives therein;

  (d ) visit, either through one or more Commissioners or through Deputy Commissioners or inspectors, defectives in institutions and certified houses, or under guardianship, or (with a view to their certification) elsewhere, and persons who have been placed under the care of any person as being defectives;

  (e ) take such part in the provision, maintenance and management of institutions for defectives of criminal, dangerous, or violent propensities as this Act requires;

  (f ) take such steps as may be necessary for ensuring suit able treatment of cases of mental deficiency;

  (g ) make annual reports and such special reports as the Secretary for Scotland may from time to time require;

  (h ) administer grants made out of money provided by Parliament under this Act, if so required by the conditions of the grants.

(2) Without prejudice to their powers and duties under any regulations which the Secretary for Scotland may make for further or more frequent inspection and visitation, it shall be the duty of the Board, through one or more Commissioners or Deputy Commissioners or inspectors, to inspect every certified institution and certified house for defectives, and to visit every defective under guardianship, at least twice in every year, and the Board shall have power to discharge at any time any person detained as a defective in a certified institution or certified house or under guardianship under this Act, and where they are of opinion that any such person is not, or is no longer, a defective, shall take such steps as may be necessary to secure the discharge of such person without any unnecessary delay:

Provided that no power of discharge conferred on the Board or the sheriff by this Act shall be exercised without the consent of the Secretary for Scotland in the case of a person sent to such an institution or placed under guardianship by order of the Secretary for Scotland from a prison, criminal lunatic asylum, place of detention, reformatory or industrial school, or inebriate reformatory, so long as the term for which he was committed to the prison or other place from which he was transferred remains unexpired.

26General powers and duties of district boards in regard to defectives.

26. In addition to the existing powers and duties of a district lunacy board, a district board of control are hereby empowered, and it shall be their duty, subject to the provisions of this Act and to regulations made by the Board, with the approval of the Secretary for Scotland,—
a ) to provide suitable and sufficient accommodation for defectives when sent to certified institutions by orders under this Act or by school boards or parish councils within the district with consent of parents or guardians, to contribute towards the expenses of maintenance in an institution of defectives so sent, and to provide for the conveyance of such persons to and from such institutions, to the extent hereinafter provided;


b ) to contribute towards the expenses of maintenance of defectives placed under guardianship by orders under this Act or by school boards or parish councils within the district, with consent of parents or guardians, and to provide for the conveyance of such persons to or from guardianship, to the extent herein-after provided; and


c ) to make to the Board such reports as the Board may require:


Provided that nothing in this Act relating to defectives shall derogate from or diminish the powers of school boards under the Education of Defective Children (Scotland) Act, 1906, as read with the Education (Scotland) Act, 1908, or the powers and duties of district boards under the Lunacy Acts, with respect to any defectives who may be dealt with under those Acts, nor shall district boards have any duties or powers under this Act with respect to defectives who for the time being are, or who might be, provided for under the Lunacy Acts except to such extent as may be prescribed by regulations made by the Board with the approval of the Secretary for Scotland:

Provided also that nothing in this Act shall be construed as imposing any obligation on a district board of control, or a parish council, or a school board, to contribute towards the maintenance of defectives in institutions or under guardianship, where the contribution out of moneys provided by Parliament under this Act is less than one-half of the net amount (as approved by the Board) of the cost of maintenance of the said defectives, or of the annual expenditure on providing institutions for defectives, as the case may be, including in such expenditure any expenditure out of income by the district board by way of interest on or repayment of capital raised, or by way of rent or other similar payment for the purposes of the provision of the institution.

27Expenses of maintaining defectives for whom school boards or parish councils are responsible.

(1) A school board or a parish council shall account annually to the district board in respect of each defective for whom they are responsible as the local authority concerned, and who is placed by them respectively in an institution for defectives or under guardianship, with consent of parents or guardians, or is so placed by order under this Act, for all contributions received by them (whether under an order or otherwise) in respect of the defective from the defective or his parent or guardian, or otherwise on his account; and shall also pay annually to the district board in respect of each defective as aforesaid a sum equal as nearly as may be to one-half of the cost of maintenance as hereinafter defined; and such last-mentioned payment shall be charged to the school fund or the poor rate as the case may be. Such payments shall be made by periodical instalments or otherwise in accordance with regulations prescribed by the Board.

(2) The balance of the cost of maintenance, and the expense of providing the institution as hereinafter defined, shall be paid by the district board in accordance with regulations prescribed by the Board, and such payments shall be charged to the assessment authorised under the Lunacy Acts and this Act.

(3) In this section the expression “cost of maintenance” means the annual expense incurred in maintaining a defective of the class dealt with, at rates fixed with the approval of the Board, in an institution for defectives or under guardianship, as the case may be, including the expense of certification and (where required) of obtaining a judicial order, and the expense of conveying the defective to or from an institution or to or from guardianship (but not including the expense of providing the institution) after deducting all contributions as aforesaid made in respect of the defective by the defective or his parent or guardian, or otherwise on his account, or out of moneys provided by Parliament; and the expression “expense of providing the institution” means, in the case of an institution for defectives provided by the district board, the like expenses in relation to such institution as are specified in section fifty-four of the Lunacy (Scotland) Act, 1857 , in relation to a district asylum, and means, in the case of an institution which is not provided by the district board, such payment for each defective of the class dealt with in respect of the like expenses as the Board may approve with consent of the managers of the institution.

(4) Nothing in this section contained shall require or authorise a school board, parish council, or district board to incur any liability or make any payment in respect of a defective placed or to be placed in an institution or under guardianship by order under this Act, where the defective or any person on his behalf is willing to incur such liability or make such payment.

28State institutions.

(1) The Secretary for Scotland may grant authority to establish and maintain an institution or institutions for defectives of dangerous or violent propensities (in this Act referred to as State institutions), and for that purpose may appropriate the whole or any part of any building vested in the Prison Commissioners for Scotland (hereinafter referred to as the Prison Commissioners) or may, with the approval of the Treasury, authorise the Prison Commissioners to acquire any land or to erect or acquire any building.

(2) The management of a State institution for defectives shall be vested in the Prison Commissioners and two of the paid Commissioners of the Board as a Joint Board, subject to regulations made by the Secretary for Scotland, and for the purposes of this Act the Joint Board shall be deemed to be the managers.

29Certified institutions.

(1) The Board may, upon the application of the managers of premises intended for the reception, control, care, and treatment of defectives, if satisfied of the fitness of the premises and of the persons proposing to maintain them for such purposes, grant a certificate to the managers to receive defectives therein, and a certificate so granted shall continue in force for the period for which it is granted or until revoked or resigned under this Act, and an institution so certified is in this Act referred to as a certified institution.

(2) Any institution for the care and training of imbecile children which at the commencement of this Act is licensed under section seven of the Lunacy (Scotland) Act, 1862 , shall without certification become a certified institution for defectives under this Act unless and in so far as upon the application of the managers it may be certified under this Act as a certified house; and any person who immediately before the commencement of this Act is detained in such an institution may, after such commencement, continue to be detained therein in like manner and subject to the like conditions as prior to such commencement.

(3) The managers of an institution (not being a certified institution provided for their district by a district board) shall not be bound to receive any defective whom they have not expressed their willingness to receive.

30Power of district board to establish or contribute to institutions, &c.

(1) A district board may, subject to the approval of the Board and of the Secretary for Scotland—

  (a ) undertake or combine with any other district board in undertaking, or contribute such sums of money upon such conditions as they may think fit towards, the establishment, building, alteration, enlargement, rebuilding, or management of institutions certified or intended to be certified as institutions for defectives under this Act or the purchase of any land required for the use of a certified institution or for the site of an institution intended to be certified under this Act; and

  (b ) contract with the managers of any certified institution for defectives for the reception and maintenance in the institution of persons for whose reception and maintenance the district board are by this Act required or authorised to make provision.

(2) The expenses incurred by a district board under this section shall, subject to the provisions of this Act, be charged to the assessment authorised under the Lunacy Acts and this Act.

31Regulations as to management of institutions for defectives, &c.

31. The Board, with the approval of the Secretary for Scotland, may make regulations as to—
a ) the granting, transfer, renewal, revocation, and resignation of certificates for institutions;


b ) the management of institutions, the number of patients to be received therein, the number of private patients (if any) to be received in institutions provided by a district board, and the conditions under which they may be received;


c ) the staff of institutions and of the different grades thereof in proportion to the number of patients therein, their remuneration, and the regulation of their hours and duties;


d ) the classification and treatment of patients in institutions, their instruction, and their employment in suitable occupations, and the reports to be made as to their mental condition and otherwise in respect to them;


e ) the inspection of institutions and the visitation of patients therein by the Board and Deputy Commissioners and other persons;


f ) the notification to the Board of the admission of a patient to an institution or under guardianship;


g ) the transfer of patients from one certified institution to another, and from a State institution to a certified institution, and, in special cases, from a certified institution to a State institution;


h ) the discharge of patients from institutions;


i ) the absence of patients from institutions under licence or temporarily without licence;


j ) the notifications to be made by the managers in the event of the outbreak of an infectious disease in an institution and in the event of the death of a patient in an institution or absent therefrom under licence;


k ) the conveyance of persons to and from institutions or under guardianship;


l ) the powers and duties of persons appointed guardians of defectives under this Act; the reports to be made by such guardians as to defectives under their guardianship; the visitation of such defectives; and their discharge from guardianship;


m ) the granting, renewal, and revocation of licences for private dwellings for the reception of defectives under guardianship or otherwise, and the number to be received in any such dwelling;


n ) the holding of inquiries;


o ) any other matter necessary or proper for the carrying into effect of the provisions of this Act with respect to institutions, and the inmates thereof, and to guardianship; and


p ) the application, as respects defectives, of any of the provisions of the Lunacy Acts for the greater protection of lunatics, subject to the necessary modifications and adaptations.


32Apprehension of defectives escaping.

32. If a patient in an institution for defectives, or absent from such an institution under licence or without a licence, or any person under guardianship as a defective escapes, he may at any time within three months thereafter be apprehended without warrant by any constable or by the managers of the institution or guardian or any person authorised by them in writing, and brought back to the institution or other place of safety or under guardianship.
33Ascertainment of local authority responsible for providing accommodation, &c.

(1) Where a defective is ordered to be sent to a certified institution or to be placed under guardianship, the local authority concerned shall be the school board of the school district or the parish council of the parish, as the case may be, in which the defective resided (to be specified in the order); and the district board responsible for providing accommodation or contributing to the expenses of maintenance shall be the district board of the lunacy district in which such school district or parish is comprised.

(2) An order that a defective be sent to an institution or placed under guardianship shall not, where a school board or parish council will, by virtue of this Act, incur liabilities on account of the defective, be made unless that board or council have been given an opportunity of being heard, or, if the order is made by the Secretary for Scotland, of making representations to him.

34Determination of residence.

(1) Where the order is made in respect of a person found guilty of an offence, that person shall for the purposes of the foregoing section be presumed to have resided in the place where the offence was or was alleged to have been committed, unless it is proved that he resided in some other place:

Provided that, where the finding has been in respect of more than one offence, the presumption shall arise in respect of the offence which is first in point of date:

Provided further that, before such order is made, notice shall be given to the parish council of the parish and the district board of the district in which the offence has been committed.

(2) Where the order is made by the Secretary for Scotland then—

  (a ) if the order is in respect of a person in a prison, criminal lunatic asylum or department, inebriate reformatory or place of detention, that person shall, for the purposes of the foregoing section, be presumed to have resided in the place where the offence was or was alleged to have been committed, unless it is proved that he resided in some other place;

  (b ) if the order is in respect or a person in a reformatory or industrial school, that person shall for the purposes of the foregoing section be deemed to have resided in the place (if any) determined to have been his place of residence for the purposes of his committal to the reformatory or industrial school.

35Legal settlement to determine liability.

(1) Where a parish council or a school board making any payment on account of a defective in pursuance of this Act, or of an order thereunder, is not the parish council or school board of the parish in which the defective has his legal settlement for poor law purposes—

(1) the first-mentioned parish council or school board shall be entitled to reimbursement in respect of any such payment from the parish council or school board, as the case may be, of the parish in which such defective has his legal settlement; and

(2) if the first-mentioned parish council or school board establishes a claim for reimbursement as aforesaid, the district board of the district in which its area is comprised shall be entitled to the like reimbursement in respect of any payment made by that board on account of such defective from the district board of the district comprising the parish of legal settlement:

Provided that no liability to reimburse under this section shall accrue unless written notice claiming reimbursement shall have been given by the first-mentioned parish council or school board or in respect of any period prior to the date of such notice; and provided further that nothing herein contained shall be deemed to constitute the reimbursing authority the local authority concerned under this Act.

(2) Where this or any other statutory provision confers upon a school board a right to relief or reimbursement as against the school board of the parish of legal settlement of any person, and there is no school district coterminous with the parish of legal settlement, the school board of the school district comprising that part of the parish of legal settlement in which the birth or residence determining the settlement took place shall be liable, except where the settlement has been acquired by residence within the districts of different school boards within the parish, in which case such school boards shall be jointly liable in such proportions as, failing agreement, shall be determined by the Local Government Board for Scotland, whose determination shall be final.

(3) In any case where parish councils or school boards differ as to the legal settlement of a defective, but are agreed as to the facts on which such settlement depends, it shall be lawful for them to refer the case for determination by the Local Government Board for Scotland, whose determination shall be final.

36Superannuation of officers.

(1) The Asylums Officers' Superannuation Act, 1909 , shall apply to officers of certified institutions for defectives provided by district boards with such adaptations and modifications as the Secretary for Scotland may by order prescribe, and in particular such modifications shall include the alteration of—

  (a ) the classes of officers entitled to superannuation allowances;

  (b ) the periods of service entitling to superannuation allowances;

  (c ) the scale of superannuation allowances and gratuities; and

  (d ) the scale of contributions (if any)—

so as to provide for such officers as may appear entitled thereto superannuation terms as nearly as may be equivalent to those allowed under the Acts and rules relating to His Majesty's Civil Service.

(2) An order under this section shall make provision for admitting as pensionable service for the purposes of this section any service which is admitted as pensionable for the purposes of the Asylums Officers' Superannuation Act, 1909, including provision for applying section twelve of the said Act.

37Contributions by the Treasury.

37. There shall be paid out of money provided by Parliament such sums on such conditions as the Secretary for Scotland may, with the approval of the Treasury, recommend towards the expenses of any persons detained in certified institutions or placed under guardianship as defectives, including the expenses of removal in the case of any such person ordered to be transferred from one such institution or guardian to another, and towards other expenses incurred by local authorities under this Act:
Provided that, unless Parliament otherwise determines, the aggregate amount so paid in any financial year shall not exceed twenty thousand pounds, but for the purpose of this limitation there shall be excluded all sums paid towards the expenses of persons sent to such institutions or placed under guardianship—

a ) by order of the Secretary for Scotland;


b ) under a judicial order after having been found guilty of an offence, or having been ordered or found liable to be ordered to be sent to an industrial school.


38Treasury contribution towards expenses of societies assisting defective.

38. Where a society has undertaken the duty of assisting or supervising defectives whilst not in institutions under this Act, there may be paid to the society out of money provided by Parliament towards the expenses of the society in connexion with such persons such sums and on such conditions as the Secretary for Scotland, with the approval of the Treasury, may recommend.
39Provisions as to certified houses.

(1) A person desirous of receiving defectives at his house for private profit may apply to the Board for a certificate, and the Board, if satisfied of the fitness of the premises and of the applicant, may, if they think fit, on payment by the applicant of the prescribed fee, which shall not exceed ten pounds, grant a certificate to the applicant subject to conditions prescribed by regulations made by the Board under this Act, and a certificate so granted shall continue in force for the period for which it is granted or until revoked or resigned under this Act, and a house in respect of which such a certificate has been granted is in this Act referred to as a certified house, and the person to whom such a certificate is granted is referred to as the owner of such house.

(2) Any defective who may be ordered to be sent to, or may be placed in, an institution under this Act may be ordered to be sent to, or may be placed in, a certified house, and all the provisions of this Act relating to institutions for defectives and the patients therein shall, unless the contrary intention appears, apply to certified houses for defectives and the patients therein:

Provided that—

  (a ) no part of the money provided by Parliament under this Act shall be applied towards the expenses of defectives in certified houses; and

  (b ) a school board, parish council, or district board shall have no power or duty to contribute towards the expenses of defectives ordered to be sent to, or placed in, a certified house or to provide for their conveyance to, and reception and maintenance in, a certified house; and

  (c ) the provisions of this Act with respect to the recovery from defectives or the persons liable to maintain them of contributions towards the expenses of their maintenance shall not apply in the case of defectives in, or ordered to be sent to, certified houses; and

  (d ) A special report under section twelve of this Act as to the mental and bodily condition of a defective detained in a certified house shall not be made by the medical officer of the house or by any medical practitioner directly or indirectly interested in the house.

40Visits to defectives.

40. The nearest adult relative or the guardian of a defective in any institution or under guardianship under this Act shall be entitled to visit the defective, at such times, on such conditions, and at such intervals, not exceeding six months, as may be prescribed by the Board, unless, in view of his character and antecedents, the Board think that his visits would not be in the interests of the defective; provided that nothing herein contained shall be construed as limiting any power to grant further facilities for visits to defectives.
41Special provision for Dumfries district.

(1) Without prejudice to their obligation under and in terms of section sixty of the Lunacy (Scotland) Act, 1857 , the directors of the Crichton Royal Institution at Dumfries shall provide to the satisfaction of the Board, either in the Crichton Royal Institution or elsewhere, duly certified accommodation for all defectives who may be sent to a certified institution (other than defectives of criminal propensities and defectives of less than sixteen years of age) for whom parish councils or school boards in the counties of Dumfries, Kirkcudbright, and Wigtown, are responsible as the local authorities concerned, and for whom the district board of the Dumfries district may desire the said directors to provide accommodation.

(2) In respect of each defective for whom accommodation is so desired and provided the said district board shall pay to the said directors the cost of maintenance of such defective as approved by the Board, and if any difference as to the application of this provision to any defective, or as to the amount of the cost of maintenance, or otherwise as to the interpretation of this section, shall arise between the said district board and the said directors it shall be determined by the Board.

(3) If at any time after the commencement of this Act the total accommodation provided by the said directors for pauper lunatics and defectives is in excess of the accommodation appropriated to pauper lunatics in the Crichton Royal Institution at the passing of this Act (the amount of which shall be deemed to be four hundred beds) they may apply to the said district board to make such payments as the said directors and the said district board shall agree to be equitable towards the cost of providing duly certified accommodation for defectives, such payments in no case to exceed those which would have been exigible for providing such accommodation wholly at the Crichton Royal Institution.

(4) If the said directors and the said district Board fail to agree, the directors may apply to the Board to determine, after hearing parties appearing to have an interest who desire to be heard, whether any such payments should be made and the amounts thereof; and, without prejudice to any other power or duty vested in or imposed on them by this Act, it shall be lawful for and incumbent on the said district board to pay out of the assessment authorised by the Lunacy Acts and this Act any sums so fixed by agreement between them and the said directors or so determined by the Board.

42Special provision for parish of Greenock.

42. For the purposes of this Act so far as relating to defectives, the parish of Greenock shall be deemed to be a lunacy district and the parish council to be a district board, subject to such conditions or restrictions as the Board may, with the approval of the Secretary for Scotland, proscribe at any time after the passing of this Act, and, subject as aforesaid, the parish council shall have the same power of assessment for such purposes as they have for the purpose of defraying expenses under the Lunacy Acts: Provided that nothing herein contained shall prejudice or affect the power of the Board to appoint the parish council to be the district board for all purposes under the Lunacy Acts.
Part IV.

Offences, Legal Proceedings, &c. as to Defectives.
43Offence of supplying intoxicants contrary to warning.

43. If any person, having been warned by a person appointed to be a guardian of a defective under this Act, or by a person under whose charge a patient absent from an institution or from a certified house has been placed, not to supply intoxicants to or for the use of the person under his guardianship or charge, knowingly supplies any intoxicants to or for the use of that person, he shall be guilty of an offence under this Act:
Provided that a person shall not be guilty of the offence of supplying intoxicants in contravention of the warning if the person giving the warning refuses, when required so to do, to produce the order under which he has been appointed a guardian, or by which the patient has been placed under his charge.

44Offices in relation to institutions, &c.

44. If any person induces or knowingly assists a patient in an institution, or a person allowed out from such an institution, either on licence or without a licence, or a person in a place of safety or under guardianship under this Act, to escape or to break any conditions of his guardianship or licence, he shall be guilty of an offence under this Act.
45Ill-treatment.

45. If any superintendent, officer, nurse, attendant, servant, or other person employed in an institution or certified house, or any person having charge of a defective, whether by reason of any contract, or of any tie of relationship, or marriage, or otherwise, illtreats or wilfully neglects the defective, he shall be guilty of a crime and offence.
46Protection of defectives from acts of sexual immorality, procuration, &c.

(1) Any person—

  (a ) who unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any woman or girl who is a defective under care or treatment in an institution or certified house, or placed out on licence therefrom or under guardianship under this Act, under circumstances which do not amount to rape but which prove that the offender knew at the time of the commission of the offence that the woman or girl was under such care or treatment or so placed out or under guardianship; or

  (b ) who procures, or attempts to procure, any woman or girl who is a defective to have unlawful carnal connection, whether within or without the King's dominions, with any other person or persons; or

  (c ) who, having the custody, charge, or care of any woman or girl who is a defective, causes or encourages her prostitution, whether within or without the King's dominions; or

  (d ) who, being the owner or occupier of any premises, or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman or girl who is a defective to resort to

or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally; or
  (e ) who, with intent that any woman or girl who is a defective should be unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, takes or causes to be taken such woman or girl out of the possession and against the will of her parent or any other person having the lawful care or charge of her;

shall be guilty of a crime and offence and shall be liable upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years.

(2) Section ten of the Criminal Law Amendment Act, 1885 , shall apply in the case of a woman or girl who is a defective in the same manner as it applies in the case of a girl who is under the age of sixteen years.

(3) Section four of the Criminal Evidence Act, 1898 , shall have effect as if this section of this Act were included in the schedule to that Act.

(4) If on the trial of an indictment for rape the jury are satisfied that the accused is guilty of an offence under paragraph (a ) of subsection (1) of this section, but are not satisfied that he is guilty of rape, the jury may acquit him of rape and find him guilty of such offence as aforesaid, and in that event he shall be liable to be punished as if he had been convicted on an indictment for such offence as aforesaid.

47Penalty for breach of regulations.

47. If any person is guilty of a breach of any regulation made under this Act he shall be liable on summary conviction to a penalty not exceeding such as may be prescribed as respects such a breach by the regulations, but the maximum penalty imposed by the regulations in respect of any breach shall not exceed imprisonment, with or without hard labour, for a term of three months or a fine of fifty pounds.
48Power of officers, &c., for the purposes of arrest.

48. The managers of an institution and the owner of a certified house for defectives and every officer of such institution or house authorised in writing by the managers or owner, and the guardian of a defective placed under guardianship shall, for the purpose of conveying a person to or from the institution or house or to or from guardianship, or of apprehending and bringing him back to the institution or house or to guardianship in case of his escape or refusal to return, and while engaged in that duty, have all the powers, protections, and privileges of a constable.
49Computation of time for purposes of settlement.

49. The time during which a defective is detained in an institution or under guardianship under this Act shall for all purposes be excluded in the computation of time for the purpose of ascertaining the settlement of any pauper.
50Provisions against disfranchisement, &c.

50. The maintenance is an institution or under guardianship under this Act of any person for whose maintenance any other person is responsible shall not deprive that other person of any franchise, right, or privilege, or subject him to any disability.
Part V.

Amendment of Lunacy Lay.
51Plans to be approved by Board.

51. Plans, specifications, and estimates of all public and private asylums, and lunatic wards of poorhouses shall be transmitted to the Board when called for, and no such asylum or lunatic ward shall be erected, added to, or altered, except on sites and in accordance with plans approved by the Board: Provided that, in the case of a public asylum, this section shall only apply when the ward or dormitory accommodation for patients is directly affected by the proposed erection, addition, or alteration.
52Power of Board to fix number of patients to be received.

52. It shall be lawful for the Board from time to time, if they shall see fit, to fix the number of patients who may be received into or detained in any public or district asylum and also, if they shall see fit, the numbers of private and pauper patients respectively who may be so received, and no greater number of patients or of private or pauper patients respectively than the number or numbers so fixed shall be received without the special sanction of the Board, and private or pauper patients received in excess of such fixed number or numbers, without such special sanction, shall not (unless the Board otherwise order) be deemed to be legally received.
53Reception of private patients into district asylums.

(1) Private patients in district asylums shall be removed therefrom by their relatives or others responsible for their maintenance upon the demand of the district board; provided that patients having a presumptive settlement in any parish of the district shall not be liable to be removed therefrom upon the sole ground that the beds occupied by them are required for the use of pauper patients, and provided also that any dispute arising in reference to such demand for removal shall be submitted to the Board, who may order the patient to be removed or otherwise as they may think fit.

(2) The rate of board for private patients received into district asylums after the passing of this Act shall be subject to the approval of the Board, and shall be the rate of maintenance fixed for the time being for pauper patients, and in addition a sum representing rent for furnished accommodation for such private patients.

(3) So far as not inconsistent with this section, section eighty of the Act of 1857 shall continue to have effect.

54Power of visitation.

54. In addition to their existing powers, the Commissioners shall have power to visit, inspect, and report to the Board on any establishment, institution, home, house, or other place in
which they have reason to believe that any person is detained, on account of mental disorder or defect, or is received for treatment of mental disorder or defect, and on the condition of any such person, provided that this power shall not (except so far as specially provided by this Act or otherwise in the Lunacy Acts) extend to the case of persons who are living at home under the care of their natural guardians.

55Provisions as to transfer and discharge of lunatics.

(1) Notwithstanding anything contained in section seven of the Act of 1866, the provisions of section sixteen of the Act of 1862 shall apply as fully for the purposes of the removal or transfer, under the authority of the Board, of a lunatic to the lunatic wards of a poorhouse, or to a licensed house or a private dwelling, and of his reception and detention in the event of his requiring to be again received into an asylum, as they apply in the case specified in the last-cited section.

(2) The Board may, in any case where they consider it expedient, dispense for such period as they think proper with the requirement of section seven of the Act of 1866 respecting the grant and transmission to the Board of an annual certificate in the form of Schedule A. to that Act.

(3) Without prejudice to the provisions of section ninety-three of the Act of 1857 or section twelve of the Act of 1866, a private patient shall be discharged on the written request of the person at whose instance he is detained as a lunatic.

(4) If that person is dead or is incapable by reason of mental incapacity, absence from the United Kingdom, or other cause, of signing a request for discharge, or has ceased to pay for the maintenance of such patient, or if a patient originally classified as a pauper is afterwards classified as a private patient, the patient shall (without prejudice as aforesaid) be discharged on the written request of the person who made the last payment of the patient's board, or the husband or wife, or if there is no husband or wife or the husband or wife is incapable as aforesaid, the father, or if there is no father or he is incapable as aforesaid, the mother of the patient, or if there is no mother or she is incapable then any one or more of the nearest of kin.

(5) In addition to the powers conferred on them by section ninety-two of the Act of 1857, the Board may, in the case of any person detained as a lunatic, order his liberation upon being satisfied by the certificate of two medical persons whom they may think fit to consult bearing that such lunatic may without risk of injury to the public or to the lunatic be set at large.

56Protection of lunatic women or girls.

56. The section of this Act relating to the protection of defectives from acts of sexual immorality shall have effect for the protection of women or girls who are lunatics duly certified as such under the Lunacy Acts and while they remain so certified, with the substitution of such women or girls for defective women or girls, of an asylum or other place of lawful detention for lunatics for an institution or certified house, of
pass or probation for licence, and of the Lunacy Acts for this Act.

57Inspection of lunatics in private dwellings.

57. In lieu of section fourteen of the Act of 1866 the following section is hereby enacted:—
If any occupier or inmate of any private dwelling shall keep or detain therein, without the order of the sheriff or the sanction of the Board, any person as a lunatic, although not for gain, beyond the period of six months, and the malady is such as to require compulsory confinement to the house, or restraint or coercion of any kind, such occupier or inmate shall intimate the case to the Board, and shall state the reasons which render it desirable that such lunatic should remain under private care; and if the Board shall have reason to believe or suspect that any lunatic, or any person treated as or alleged to be a lunatic, whether the case has been so intimated to them or not, has been subjected to compulsory confinement to the house or to restraint or coercion of any kind, at any time beyond six months after the commencement of the malady, or that, whatever may have been the duration of his malady, he is or has been subjected to harsh and cruel treatment, or to neglect to an extent which is injurious to his mental or bodily state, or if a female is or has been inadequately protected from sexual danger, or if one or more persons are alleged to be insane and live alone or together in such circumstances as in the opinion of the Board to call for inquiry, it shall be lawful for the Board, with consent of the Secretary for Scotland, or the Lord Advocate, to authorise and empower any one or more of the members thereof to visit and inspect such lunatic or person or persons, and to make such inquiry respecting him or them as to such member or members may seem fit; and if on such inquiry it shall appear that such person is a lunatic, and has been so for a space exceeding six months, and that compulsory confinement to the house, or restraint or coercion of any kind has been resorted to, or that, whatever may have been the duration of his insanity, he is or has been subjected to harsh and cruel treatment, or to neglect or inadequate protection as aforesaid, or that the circumstances are otherwise such as to render the removal of such lunatic to an asylum, or to another guardian or house, necessary or expedient, it shall be lawful for the Board to represent accordingly to the sheriff, under a procedure similar to that followed in the case of dangerous lunatics, and the sheriff, on being satisfied accordingly, shall issue his order for the transmission of the lunatic to an asylum or to another guardian or house, and for his detention therein until such time as the Board shall

sanction his discharge, and the sheriff shall give decree for the expenses of the inquiry and procedure, and also for the maintenance of the lunatic in the asylum or house against the parties legally liable for the maintenance of such lunatic.

58Removal from poor roll.

58. It shall not be lawful for the parish council, or the relatives or friends of any pauper lunatic, for whose removal to an asylum, or to another house or guardian, the Board have issued an order, to take him off the poor roll without the sanction of the Board; and section ten of the Act of 1866 is hereby amended accordingly.
59Admission of voluntary boarders.

59. If a person desires to submit himself to treatment in an asylum as a voluntary boarder under the provisions of section fifteen of the Act of 1866, it shall, notwithstanding anything contained in that section, be lawful for the superintendent to receive such person on his written application to that effect, provided that such person shall forthwith make written application to the Board or to one of the Commissioners as required by the said section, and that such person shall not be detained for more than three days from the date of reception without the assent in writing of one of the Commissioners. Subject to the amendments hereby made, the said section shall remain in full force and effect.
60Letters from patients.

60. The provisions of section sixteen of the Act of 1866 are hereby extended so as to provide that all letters from a patient in any asylum to the sheriff of the county in which such asylum is situated, and all letters from the Board or from a sheriff of a county in which any asylum is situated to a patient of such asylum shall be dealt with in all respects as is provided by the said section in the case of letters to or from the Board, or their secretary, or the Commissioners of the Board, or any of them.
61Visitors to patents.

61. The liberty to visit a patient in any asylum or house shall not be confined to the parties specified in sections forty-seven and forty-eight of the Act of 1857, but may in either case be extended to any person who can show reasons satisfactory to the superintendent or on appeal to the Board for visiting the patient, and the said sections shall apply as if references to such persons were substituted for references to the parties aforesaid.
62Appointment of judicial factors to mentally incapable persons.

(1) The Board shall have power to make application to the Lord Advocate as provided for by section eighty-one of the Act of 1857 for the appointment of a judicial factor to any person whose property is in their opinion not duly protected owing to such person's mental incapacity, and that notwithstanding that such person is not being detained and taken charge of as a lunatic or defective.

(2) All provisions of the Lunacy Acts which apply to lunatics whose property has been placed under the management of a judicial factor, shall apply equally to any person to whom a curator bonis has been appointed in consequence of inability through mental defect to manage his own affairs, or to give adequate directions for their management. Returns by the Accountant of Court under section seventeen of the Act of 1866 shall include the names of all such persons, whether they are or are not certified as lunatics or defectives, and the provisions of this Part of this Act with regard, to the ill-treatment, neglect, or inadequate protection of patients under private care shall apply to all such persons.

63Pauper patients need not appear in court.

63. Notwithstanding any enactment to the contrary, a sheriff to whom application is made for warrant for the removal of a pauper lunatic from Scotland shall be entitled to dispense with such pauper being brought before him or with seeing such pauper, if satisfied that the pauper is being detained and taken care of as a lunatic and that his presence in court is not desirable.
64District board to pay half maintenance charge for pauper lunatics.

(1) As from the fifteenth day of May in the year nineteen hundred and fourteen in lieu of the sums hitherto in use to be fixed and paid or which might be fixed and paid under section seventy-three of the Act of 1857, as amended by any subsequent Act, as the charge payable by parish councils to the district board for pauper lunatics in district asylums, there shall in each year be paid to the district board one half of the cost of maintenance as herein-after defined of pauper lunatics; and the balance of the cost of maintenance and other expenses and salaries referred to in the said section, together with one half of the like charge payable by parish councils for pauper lunatics maintained by them otherwise than in a district asylum, as ascertained and intimated to the district board in accordance with regulations prescribed by the Board, shall be paid by the district board, and such payments shall be charged to the assessment authorised under the Lunacy Acts and this Act: Provided that, in the case of a lunatic on whose account any such payment is made by a district board other than the board of the district comprising the parish of legal settlement of such lunatic, the first-mentioned district board shall be entitled to reimbursement in respect of any such payment from the district board of the district comprising the parish of legal settlement as from the date from which the parish council at whose instance the liability of the parish of legal settlement has been established is entitled to recover its expenses incurred in relation to such lunatic.

(2) The definition of the expression “cost of maintenance” contained in the section of this Act relating to the expenses of maintaining defectives shall apply to the same expression in this section, with the substitution of “pauper lunatic” for “defective” and of “contributions out of the Local Taxation (Scotland) Account to the cost of maintenance of pauper lunatics” for “moneys provided by Parliament,” and with any other necessary substitutions.

(3) A parish council shall account annually to the district board in respect of each pauper lunatic who is placed by them in a district asylum or maintained by them otherwise than in a district asylum for all contributions received by them in respect of such lunatic, from such lunatic, or otherwise on his account.

(4) All powers vested in a parish council of recovering moneys expended in behalf of a poor person shall extend to the recovery by the parish council of such part of the said moneys as is by this Act made payable by the district board.

65Assessment for expenses of district boards throughout lunacy districts.

(1) As from the fifteenth day of May in the year nineteen hundred and fourteen the expenses declared by this Act to be chargeable to the assessment authorised under the Lunacy Acts and this Act shall be ascertained and apportioned within the lunacy district upon the landward parts of counties and upon burghs, respectively, as provided in the Act of 1857, as amended by any subsequent Act, with respect to the assessments for the purposes of the Act of 1857, and shall be assessed, levied, and collected as provided in the said Acts.

(2) This section shall apply to the case where the district board of control is the parish council, with the substitution of the parish for the landward parts of counties and for burghs, and with any other necessary variations; provided that the assessment leviable under the Acts aforesaid within the parish shall be separately set forth and demanded in the demand note, and shall be levied by the parish council acting as a district board upon the like valuation in all respects and subject to the like deductions and exemptions as the assessment hitherto leviable within the parish under the Lunacy Acts by the town or county council, but shall be collected along with the poor rate, and with the same remedies and modes of recovery; and provided also that the consent of the Board shall be required to any assessment levied by the parish council acting as a district board; and provided further that moneys levied and collected by a parish council acting as district board shall be kept separate and distinct from moneys levied and collected by the parish council for other purposes; and for purposes of audit the accounts of the parish council shall be deemed to include the accounts of such money and of the expenditure thereof.

66Assessment in Shetland.

66. As from the fifteenth day of May in the year nineteen hundred and fourteen, the exemption of Shetland from liability to assessment conferred by the Act of 1857 shall cease and determine.
67Audit of accounts of district boards.

67. The provisions regulating the making up and auditing of the accounts of a parish council shall, with the substitution
of “district board of control” for “parish council,”“clerk to the district board of control” for “clerk of the parish council,” and “lunacy district” for “parish” apply to the making up and auditing of the accounts of a district board of control not being a parish council: Provided that a surcharge or disallowance shall not be made in respect of any expenditure which has been sanctioned by the Board, and provided further that before making a disallowance or surcharge affecting the accounts of a district board (whether a parish council or not) the Local Government Board for Scotland shall consult with the Board.

68Power for acquisition of land and borrowing by a district board.

(1) A district board of control may, with the consent of the Board, from time to time for the purpose of any of their powers and duties under the Lunacy Acts or this Act (including, as incidental to the provision of an asylum or of an institution for defectives, the open-air exercising of patients and their occupation in agricultural or other work), acquire, purchase, or take or lease and hold any land.

(2) For the purpose of such acquisition of land, the Lands Clauses Acts shall be incorporated with the said Acts, except the provisions of those Acts relating to the purchase and taking of land otherwise than by agreement.

(3) For the purpose of such acquisition of land otherwise than by agreement, section one hundred and forty-five of the Public Health (Scotland) Act, 1897 , shall, with the substitution of the assessment authorised under the Lunacy Acts and this Act for the assessments therein mentioned and with any other necessary substitutions, apply as if it were herein re-enacted and in terms made applicable to a district board of control; provided that a district board shall not without the consent of the Board make an application to the Local Government Board for Scotland under that section.

(4) A district board of control may, with the sanction of the Board, sell, let or feu any surplus land, and shall apply the proceeds thereof towards the reduction of debt, or in such other manner as the Board may direct.

(5) In this section and in the Lands Clauses Acts as hereby incorporated the expression “land” includes water and any right or servitude over water.

(6) The provisions for enabling a district board to acquire and hold lands and heritages or to acquire additional ground contained in the Acts of 1857 and 1862 shall cease to have effect.

(7) The expression “purpose of this Act” in section sixty-one and section sixty-two of the Act of 1857 shall be construed as meaning any purposes of the Lunacy Acts or this Act involving capital expenditure; and a district board may, with the consent of the Board, borrow money for such purposes on the security of the assessment authorised under the Lunacy Acts and this Act; provided that all money so borrowed shall be repaid by equal annual instalments of principal within a period not exceeding sixty years from the date of borrowing the same, such period to be fixed by the Board in each case with due regard to the nature of the expenditure and the probable time during which it will remain effective.

69Amendment of Asylums Officers' Superannuation Act, 1909.

(1) For the purpose of reckoning the length of service of an established officer or servant in an asylum in Scotland to which the Asylums Officers Superannuation Act, 1909, applies, any time previously served by him in a parochial asylum or in the lunatic ward of a poorhouse shall be treated as if it had been served in a district asylum.

(2) The contribution which, under section twelve of the last-mentioned Act as applying to Scotland, is required to be made by the district board of an asylum from which an established officer or servant has removed shall, where that asylum was a parochial asylum or the lunatic ward of a poorhouse, be made out of the poor rate by the parish council by which that asylum was maintained.

70Supervisory power of Board.

70. The powers conferred on the Board by section nine of the Act of 1857 shall apply as fully to lunatic wards of poorhouses as they apply to district asylums, and references in that or any other section of the Lunacy Acts to a house in which a lunatic is kept or detained under an order of the sheriff shall be construed as including references to a house in which a lunatic is kept or detained under sanction of the Board.
71Removal and chargeability of insane prisoners.

(1) When an insane prisoner is removed to an asylum in terms of an order under section four or section six of the Criminal and Dangerous Lunatics (Scotland) Amendment Act, 1871 , such insane prisoner shall, until the parish of his settlement has been determined, be deemed to be chargeable to the parish within which the offence or act in respect of which he was under detention was committed.

(2) An order granted under section four or section six aforesaid for the removal to an asylum of an insane prisoner undergoing a sentence which has not expired shall not cease and determine on expiry of the period during which such prisoner would have been liable to detention had he not been so removed, notwithstanding anything contained in the Lunacy Acts to the contrary, but shall upon such expiry have effect as if it were an order' granted by the sheriff in terms of section fourteen of the Act of 1862, and subject to the statutory and other conditions applicable to such an order.

72Subscriptions to pathological investigations.

72. District boards shall have power, with approval of the Board, and for the purpose of obtaining instruction and assistance in pathological investigation for the medical officers of asylums under their charge, to contribute annually towards any pathological laboratory, having for its object or one of its objects investigation into the pathology of mental diseases, and
such contributions shall be paid for out of the assessment authorised under the Lunacy Acts and this Act.

73Protection to persons putting Acts in force.

73. A person who, before the passing of this Act, has signed or carried out or done any act with a view to sign or carry out an order purporting to be a reception order, or a medical certificate that a person is of unsound mind, and a person who, after the passing of this Act, presents a petition or application for any such order, or signs or carries out or does any act with a view to sign or carry out an order purporting to be a reception order, or any report or certificate purporting to be a report or certificate under the Lunacy Acts, or does anything in pursuance of the said Acts or of this Act, whether relating to lunatics or to defectives, shall not be liable to any civil or criminal proceedings, whether on the ground of want of jurisdiction or on any other ground, if such person has acted in good faith and with reasonable care.
In this section, the expression “reception order” means an order or authority made or given before or after the commencement of this Act for the reception of a lunatic, whether a pauper or not, in any asylum or other establishment or house where a lunatic or lunatics are received in accordance with law, and includes an emergency certificate.

74Definitions for this Part of Act.

74. In this Part of this Act—29 & 30 Vict. c. 51.
The expression “Act of 1857” means theLunacy (Scotland) Act, 1857:

The expression “Act of 1862” means the Lunacy (Scotland) Act, 1862:

The expression “Act of 1866” means the Lunacy (Scotland) Act, 1866:

Notwithstanding anything in this Part of this Act or in the definition of the word “house” in the Act of 1857, the Board may, if they think fit, prescribe the class or classes of house to which any requirement of the Lunacy Acts referring to a house (being a house where a lunatic or lunatics are received for gain) shall be held to apply, or exempt any or every class of house from any of those requirements.

75Construction of this Part of Act, and citation of Lunacy \(Scotland) Acts.

(1) Part Two and Part Five of this Act shall, unless inconsistent with the context, be construed as one Act with the Lunacy (Scotland) Acts, 1857 of 1887.

(2) Part Two and Part Five of this Act and the Lunacy (Scotland) Acts, 1857 to 1887 , the Lunacy Board (Scotland) Act, 1864, sections sixty-one to sixty-three inclusive of the Prisons (Scotland) Act, 1877 , any the Lunacy Board (Scotland) Salaries and Clerks Act, 1900 , may be cited collectively as the Lunacy (Scotland) Acts, 1857 to 1913 (in this Act referred to as the Lunacy Acts).

Part VI.

Miscellaneous.
76Interpretation.

(1) In this Act, unless the context otherwise requires,—

The expression “parent or guardian” in relation to a defective shall include any person who undertakes or performs towards the defective the duty of a parent or guardian:

The expression “relative” in relation to a defective means the husband or wife or a lineal ancestor or lineal descendant, or lineal descendant of an ancestor not more remote than great-grandfather or great-grandmother:

The expression “intoxicants” includes any excisable liquor, and any sedative, narcotic, or stimulant drug or preparation:

The expression “place of safety” means any poorhouse or police station, any institution, any place of detention, and any hospital, surgery, or other suitable place, the occupier of which is willing to receive temporarily persons who may be taken to places of safety under this Act:

The expression “institution” in relation to defectives means a State institution or certified institution.

77Punishment for offences.

(1) An offence under this Act declared to be a crime and offence for which no special penalty is provided by this Act shall be punishable by fine or by imprisonment for a term not exceeding two years, with or without hard labour.

(2) Any other offence under this Act shall be punishable summarily with imprisonment for a term not exceeding three months, with or without hard labour, or with a fine not exceeding fifty pounds.

78Provisions as to regulations.

78. Regulations made under this Act shall be laid before Parliament as soon as may be after they are made, and if within thirty sitting days after they have been so laid either House of Parliament presents an address to His Majesty praying that any such regulations may be annulled, His Majesty may, by Order in Council, annul the regulations, without prejudice however to anything done thereunder, and the regulations made under this Act shall have effect as if enacted in this Act.
79Repeal.

79. The Acts specified in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule, and so much of any Act as is inconsistent with this Act is also hereby repealed.
80Short title, extent, and commencement.

(1) This Act may be cited as the MentalDeficiency and Lunacy (Scotland) Act, 1913 .

(2) This Act shall extend to Scotland only.

(3) Except as otherwise provided this Act shall come into operation on the fifteenth day of May in the year nineteen hundred and fourteen.

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1. For the purposes of subsection (1) of section five of the Pensions (Governors of Dominions, &c.) Act, 1911 (which relates to the reckoning of Governors' service for a civil service pension), service in the permanent Civil Service of the State shall include and shall be deemed always to have included pensionable employment in any permanent office in the government of a British protectorate.
For the purposes of this provision—

The expression “pensionable employment” means employment which qualifies the holder of the office to receive a pension out of the revenues of the protectorate; and

The expression “British protectorate” shall be deemed to include the Malay States.

2Short title and construction.

2. This Act may be cited as the Pensions ( Governors of Dominions, &c.) Amendment Act, 1913, and shall be construed as one with the Pensions (Governors of Dominions, &c.) Act, 1911.

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1. The Board of Trade shall take steps to obtain information with respect to pilotage organisation at the various ports in the United Kingdom, and, by the exercise of their powers under this Act to make Pilotage Orders, shall carry into effect any re-organisation or improvement of organisation which the Board may consider necessary or expedient at any port, and shall also at any port deal by Pilotage Order with any Act, order, charter, custom, byelaw, regulation, or provision in force at the port with a view to rendering the law relating to pilotage at the various ports in the United Kingdom accessible and, so far as possible, uniform.
2Recommendations with respect to pilotage byelaws.

(1) The Board of Trade shall also take steps to obtain information with respect to the byelaws as to pilotage in force at the various ports in the United Kingdom, and, after consulting with the pilotage authority at the port and considering any byelaws proposed by that authority, shall, when necessary or expedient and with a view to securing, so far as practicable, uniformity of administration and to carrying out any changes consequent on the passing of this Act, make recommendations for the substitution of new byelaws for those in force at the port, or in case there are no such byelaws in force, for the making of such byelaws as may be required at the port.

(2) If a pilotage authority fail to submit byelaws in accordance with the recommendations for confirmation by the Board of Trade under this Act, the Board may treat the byelaws recommended by the Board as if they were byelaws submitted to them by the pilotage authority for confirmation, and those byelaws, when confirmed by the Board of Trade in accordance with this Act, shall have the same effect as if they had been so submitted.

3Commissioners for the purpose of Part I.

(1) The Board of Trade shall appoint such persons as they think fit to act as Commissioners for the purposes of this Act, but the appointment of any person appointed to be a Commissioner under this section shall not have effect beyond the first day of January nineteen hundred and seventeen, or such date, not being more than five years later, as the Board of Trade, with the approval of the Treasury, may determine.

(2) The Board of Trade may appoint and employ such officers or other persons as they think fit to assist any persons acting as Commissioners in the execution of their duties under this Act.

(3) The salaries and remuneration of any persons acting as Commissioners and of any persons so appointed or employed shall be determined by the Board of Trade with the approval of the Treasury, and any such salaries and remuneration, and all expenses incurred by the Board of Trade in the execution of this Act, shall be paid out of moneys provided by Parliament.

4Schemes for reorganisation of pilotage at ports.

(1) With a view to the preparation of schemes for the re-organisation or improvement of organisation of pilotage, the Board of Trade shall cause local inquiries to be held by any persons acting as Commissioners under this Act at the various ports of the United Kingdom, except in cases where the pilotage authority of the port has submitted, in accordance with this Act, a scheme for the purpose to the Board of Trade, and the Board of Trade are satisfied that the scheme so submitted, with such modifications (if any) as may be made by the Board, is adequate for the purpose, or the pilotage authority have satisfied the Board of Trade that no scheme for the re-organisation or improvement of organisation of pilotage at the port is necessary or expedient. Any such local inquiry may, if the Board think it necessary or desirable, include an inquiry into the byelaws in force at the port where the inquiry is held, and into the operation of those byelaws.

(2) Where any such inquiry is held at any port, the person holding the inquiry shall make a report to the Board of Trade recommending to the Board a scheme for the purpose of the re-organisation or improvement of organisation of pilotage at the port, or if a scheme has been submitted by the pilotage authority, recommending any amendments which it appears expedient to make in the scheme so submitted.

(3) The Board of Trade may, in any case they think fit, group ports for the purpose of any such local inquiry, and in that case the ports so grouped shall be dealt with at the same inquiry.

(4) Any pilotage authority may, within three months after the passing of this Act, give notice to the Board of Trade of their intention to submit a scheme to the Board for the purpose of the re-organisation or improvement of organisation of pilotage at their port, and shall in such a case also give such public notice of their intention as the Board may require, and if such a scheme is so submitted to the Board within nine months after the passing of this Act, the scheme shall be treated as a scheme submitted to the Board in accordance with this Act.

5Provision as to local inquiries.

(1) Notice of any local inquiry to be held under this Part of this Act shall be given and published in such manner as the Board of Trade think best fitted for giving information of the time and place of the inquiry to those concerned, and all persons interested shall be permitted to attend and make representations.

(2) Any person holding a local inquiry shall have power, by summons signed by him, to require the attendance of all such persons as he thinks fit to call and examine for the purpose of the inquiry, and shall have power to require the production of all books, papers, and documents which he considers important for that purpose.

(3) Any persons attending as witnesses at any such local inquiry shall be allowed such expenses as would be allowed to witnesses attending before a court of record, or in Scotland before the court of session, and in case of dispute as to the amount to be allowed, the dispute shall be referred by any person holding the local inquiry to a master or district registrar of the supreme court, or in Scotland to the auditor of accounts in the court of session, who on request signed by him shall ascertain and certify the proper amount of the expenses.

(4) If any person without reasonable excuse, the proof whereof shall lie on him, fails to comply with any summons or requisition of a person holding a local inquiry under this section, or impedes a person holding a local inquiry in the execution of his duty, he shall be liable on summary conviction in respect of each offence to a fine not exceeding five pounds, and, in addition, to a fine not exceeding one pound for every day during which the offence continues.

6Consultation with pilots as to byelaws and schemes.

6. The Board of Trade, before making recommendations to a pilotage authority under this Act for the substitution of new byelaws for those in force in any port, and a pilotage authority, before submitting any scheme to the Board for the re-organisation or improvement of organisation of pilotage at their port shall, unless pilots are directly represented on the authority or on a pilotage committee of the authority, take steps to ascertain the opinion of the pilots at the port with respect to the matter in question.
Part II.

General Pilotage Law.
Pilotage Orders.
7Power of Board of Trade to make Pilotage Orders.

(1) The Board of Trade may, by Order made under this Act (in this Act referred to as a Pilotage Order)—

  (a ) make such rearrangement of pilotage districts and pilotage authorities as the Board think necessary or expedient; and

  (b ) establish new pilotage districts and new pilotage authorities and abolish existing pilotage districts and existing pilotage authorities in cases where it appears to the Board necessary or expedient; and

  (c ) define the limits of pilotage districts, distinguishing as respects any pilotage district in part of which pilotage is compulsory and in part of which pilotage is not compulsory, the part of the district in which pilotage is compulsory; and

  (d ) provide for the incorporation of any pilotage authority, and make such alteration in the constitution of any pilotage authority with reference to their powers and duties as pilotage authority, and such provisions as to the appointment of committees (including, if it is thought fit, persons not members of the authority), and as to the relations between the authority and the committee, as the Board think necessary or expedient; and

  (e ) empower a pilotage authority to delegate to a committee thereof any of its powers and duties, and provide, if it seems necessary or desirable, that the decisions of the committee on questions so delegated shall not require confirmation by the pilotage authority; and

  (f ) make such provision for the direct representation of pilots and shipowners on any pilotage authority or committee of a pilotage authority as the Board think necessary or expedient; and

  (g ) in cases where a pilotage authority have powers and duties as to other matters as well as pilotage, provide for their accounts as pilotage authority being kept separate from their accounts in relation to other matters; and

  (h ) provide that pilotage shall be compulsory in any area where it has previously not been compulsory, or provide, in connection with any rearrangement of a pilotage district, that pilotage shall be non-compulsory in any area where it has been compulsory, subject to provision being also made for the payment of compensation to the pilots concerned for any loss or damage which may be incurred by them in consequence of such rearrangement; and

  (i ) authorise, where it appears expedient, any pilotage authority to make byelaws providing for the grant of certificates (in this Act referred to as deep sea certificates) certifying that persons are qualified to act as pilots of ships for any part of the sea or channels outside the district of any pilotage authority, so, however, that a pilot holding such a certificate shall not be entitled to supersede any other person as pilot of a ship; and

  (j ) provide that any Act (other than this Act), order, charter, custom, byelaw, regulation, or provision shall, so far as it relates to pilotage, cease to have effect within any pilotage district or as respects any pilotage authority, but may re-enact the whole or any part thereof so far as is not inconsistent with the provisions of this Act; and

  (k ) provide for compensation being paid to any pilots for any loss or damage which may be incurred by them in consequence of any Order abolishing or rearranging any pilotage districts; and

  (l ) make any provisions which appear necessary or expedient for the purpose of giving full effect to the Order.

(2) Provision shall be made by Pilotage Order for the direct representation of pilots either on the pilotage authority or on the committee of the pilotage authority of any district where there are not less than six licensed pilots if a majority of the pilots licensed for the district signify in writing to the Board of Trade that they desire such representation, and, where such provision is made, provision shall also be made for the representation of shipowners on the authority or committee, as the case may be.

(3) A Pilotage Order establishing a pilotage authority for any pilotage district shall provide for the representation on the pilotage authority of any dock or harbour authority having jurisdiction within the district which was represented on the pilotage authority for the district at the time of the passing of this Act, and which desires to be so represented.

(4) A Pilotage Order shall not be made by the Board of Trade except—

  (a ) for any of the purposes of Part I. of this Act; or

  (b ) on the application in writing of any person interested in the pilotage of any pilotage district or in the operation of the laws relating to pilotage in that district or the administration of those laws.

(5) A Pilotage Order shall require confirmation by Parliament—

  (a ) if it is an Order made for any of the purposes of Part I. of this Act; and

  (b ) if, whatever the purpose for which it is made, a petition is presented to the Board of Trade against the Order by any person appearing to the Board of Trade to be interested in the administration of pilotage in the district within six weeks after the Order is published and the petition is not withdrawn.

(6) A Pilotage Order which does not require confirmation by Parliament shall have effect as if enacted in this Act.

(7) The provisions contained in the First Schedule to this Act shall have effect with respect to Pilotage Orders.

Pilotage Districts and Authorities.
8Pilotage districts and pilotage authorities.

(1) For the purposes of this Act the districts established as pilotage districts under Pilotage Orders made under this Act shall be pilotage districts, and the pilotage authorities shall be the pilotage authorities as constituted by Pilotage Orders made under this Act.

(2) Until otherwise provided by Pilotage Order made under this Act, every pilotage district which is, at the time of the passing of this Act, a pilotage district shall continue to be a pilotage district, and every pilotage authority which is a pilotage authority at the time of the passing of this Act shall continue to be a pilotage authority.

Advisory Committee.
9Power to appoint advisory committee.

(1) The Board of Trade may appoint an advisory committee for the purpose of advising them with reference to the exercise of their powers or the performance of their duties under this Act, consisting of such persons as they may appoint, being pilots, shipowners, representatives of pilotage authorities, representatives of dock and harbour authorities, or other persons representing the interests principally affected, or having special knowledge of the subject-matter.

(2) There shall be paid to the members of any such committee out of moneys provided by Parliament such allowances and expenses as the Board of Trade may fix with the consent of the Treasury.

Compulsory Pilotage.
10Continuation of existing compulsory districts and abolition of existing exemptions.

(1) Subject to the provisions of any Pilotage Order, pilotage shall continue to be compulsory in every pilotage district in which it was compulsory at the time of the passing of this Act, and shall continue not to be compulsory in every pilotage district in which it was not compulsory at the time of the passing of this Act, and subject to the provisions of this Act all exemptions from compulsory pilotage in force at the date of the passing of this Act shall cease to have effect.

(2) Any reference in this Act to a pilotage district in which pilotage is compulsory shall, in the case of a district in which pilotage is compulsory only in part of the district, be construed, if the context so requires, as a reference to that part of the district only.

11Obligations where pilotage is compulsory.

(1) Every ship (other than an excepted ship) while navigating in a pilotage district in which pilotage is compulsory for the purpose of entering, leaving, or making use of any port in the district, and every ship carrying passengers (other than an excepted ship), while navigating for any such purpose as aforesaid in any pilotage district (whether pilotage is compulsory or not compulsory in that district) shall be either—

  (a ) under the pilotage of a licensed pilot of the district; or

  (b ) under the pilotage of a master or mate possessing a pilotage certificate for the district who is bon fide acting as master or mate of the ship.

(2) If any ship (other than an excepted ship) in circumstances in which pilotage is compulsory under this section, is not under pilotage as required by this section, after a licensed pilot of the district has offered to take charge of the ship, the master of that ship shall be liable in respect of each offence to a fine not exceeding double the amount of the pilotage dues that could be demanded for the conduct of the ship.

(3) For the purposes of this Act the following ships are excepted ships:—

  (a ) Ships belonging to His Majesty;

  (b ) Pleasure yachts;

  (c ) Fishing vessels;

  (d ) Ferry boats plying as such exclusively within the limits of a harbour authority;

  (e ) Ships of less than fifty tons gross tonnage;

  (f ) Ships exempted from compulsory pilotage by byelaw as hereinafter provided in this section.

(4) A pilotage authority may by byelaw made under this Act exempt from compulsory pilotage in their district any of the following classes of ships, if not carrying passengers, up to such limit of gross tonnage in each case as may be fixed by the byelaw, that is to say:—

(i) Ships trading coastwise;

(ii) Home trade ships trading otherwise than coastwise;

(iii) Ships whose ordinary course of navigation does not extend beyond the seaward limits of a harbour authority, whilst navigating within those limits or within such parts thereof as may be specified in the byelaw:

Provided that, if any such byelaw appears to the Board of Trade to exempt from compulsory pilotage ships of any class or description which were not at the date of the passing of this Act in practice exempted in the district to which the byelaw relates, the Board shall not confirm the byelaw, but may, if they think fit, submit to Parliament a Bill confirming the byelaw with or without modifications, and such Bill shall be treated as if it were a Bill confirming a Pilotage Order, and the provisions of this Act with respect to such Bills shall apply accordingly.

(5) For the purposes of this section, a ship which habitually trades to or from any port or ports outside the British Islands shall not be deemed to be trading coastwise, and a ship which habitually trades to or from any port outside the home trade limits shall not be deemed to be a home trade ship, by reason only that she is for the time being engaged on a voyage between ports in the British Islands, or within the home trade limits, as the case may be.

12Exemption from compulsory pilotage of ships belonging to certain public authorities.

12. The provisions of this Act with respect to compulsory pilotage shall not apply to tugs, dredgers, sludge-vessels, barges, and other similar craft—
a ) belonging to or hired by a dock, harbour or river authority whilst employed in the exercise of the statutory powers or duties of the authority and navigating within any pilotage district which includes within its limits the whole or any part of the area of the authority; or


b ) belonging to a local authority whilst employed in the exercise of the statutory powers or duties of the authority and navigating within the pilotage district within which the port to which they belong is situate:


Provided that, where in any pilotage district any of the classes of vessels aforesaid were at the time of the passing of this Act in practice subject to compulsory pilotage, the pilotage authority may by byelaw provide that any of such classes of vessels shall continue to be so subject.

13Provision with respect to ships calling at a port for the purpose only of taking pilot.

13. A ship calling at a port in a pilotage district for the purpose only of taking on board or landing a pilot belonging to some other pilotage district shall not, for the purpose of the provisions of this Act relating to compulsory pilotage, be deemed to be navigating in the first-mentioned district for the purpose of entering, leaving, or making use of that port.
14Provision against extension of defence of compulsory pilotage.

14. Notwithstanding anything in any Pilotage Order made under this Act, any area in which pilotage was not compulsory at the date of the passing of this Act shall be deemed to be an area in which pilotage is not compulsory for the purpose of determining the liability of the owner or master of a ship being navigated in the area for any loss or damage occasioned by or arising out of the navigation of such ship.
15Liability of owner or master in the case of a vessel under pilotage.

(1) Notwithstanding anything in any public or local Act, the owner or master of a vessel navigating under circumstances in which pilotage is compulsory shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the same manner as he would if pilotage were not compulsory.

(2) This section shall not take effect until the first day of January, nineteen hundred and eighteen, or such earlier date as His Majesty may fix by Order in Council, certifying that it is necessary to bring the section into operation in order to enable His Majesty to comply with an international convention.

(3) As from the date of the coming into operation of this section, section six hundred and thirty-three of the Merchant Shipping Act, 1894 , shall cease to have effect.

Power of Pilotage Authorities to license Pilots and make Byelaws.
16Powers of pilotage authorities to license pilots for their district.

16. Subject to the provisions of this Act, a pilotage authority may license pilots for their district, and do all such things as may be necessary or expedient for carrying into effect their powers and duties.
17Power of pilotage authorities to make byelaws.

(1) A pilotage authority may by byelaws made under this Act—

  (a ) determine the qualification in respect of age, physical fitness, time of service, local knowledge, skill, character, and otherwise to be required from persons applying to be licensed by them as pilots, provide for the examination of such persons, and fix the term for which a licence is to be in force, and the conditions under which a licence may be renewed; and

  (b ) fix the limit (if any) on the number of pilots to be licensed, and provide for the method in which and the conditions under which the list of pilots is to be filled up; and

  (c ) provide generally for the good government of pilots licensed by the authority, and of apprentices, and in particular for ensuring their good conduct and constant attendance to and effectual performance of their duties, whether at sea or on shore; and

  (d ) determine the system to be adopted with respect to the supply and employment of pilots, and provide, so far as necessary, for the approval, licensing, and working of pilot boats in the district, and for the establishment and regulation of pilot boat companies; and

  (e ) provide for the punishment of any breach of any byelaws made by them for the good government of pilots or apprentices by the infliction of fines not exceeding twenty pounds (to be recoverable as fines are recoverable under the Merchant Shipping Acts, 1894 to 1907), without prejudice to their powers under this Act to revoke or suspend the licence in the case of any such breach of byelaw; and

  (f ) fix for the district the rates of payments to be made in respect of the services of a licensed pilot (in this Act referred to as pilotage dues), and define the circumstances and conditions under which pilotage dues may be payable on different scales and provide for the collection and distribution of pilotage dues; and

  (g ) if and so far as it appears to the authority to be generally desired by the pilots concerned, provide for the pooling of pilotage dues earned by the licensed pilots or by any class of pilots in the district; and

  (h ) provide for a deduction being made from any sums received by pilots of any sums required for meeting the administrative expenses of the authority, or any contributions required for any fund established for the payment of pensions or other benefits to pilots, their widows or children (in this Act referred to as a pilots' benefit fund); and

  (i ) provide, if and so far as it appears to the authority to be generally desired by the pilots, for bonds (the penalty of which shall not in any case exceed one hundred pounds) being given by pilots for the purpose of the provisions of this Act limiting pilots' liability; and

  (j ) establish, either alone or in conjunction with any other pilotage authority, pilots' benefit funds, and provide for the direct payment to any such fund of any contributions by pilots towards the fund, or of any part of the ordinary receipts of the pilotage authority, and also for the administration of any such fund and for the conditions of participation in any such fund; and

  (k ) provide for the method of conducting the examination of masters and mates applying for pilotage certificates so as to maintain a proper standard of efficiency; and

  (l ) prohibit the grant of pilotage certificates to masters or mates who do not hold at least a mate's certificate of competency recognised under Part II. of the Merchant Shipping Act, 1894; and

  (m ) provide that a pilotage certificate shall not be renewed without re-examination unless the master or mate has made not less than a specified number of visits to the port as master or mate of any ship in respect of which the certificate is granted; and

  (n ) if the pilotage authority are an authority authorised to grant deep sea certificates by virtue of a Pilotage Order made with reference to that authority, provide for the grant of deep sea certificates; and

  (o ) apply any byelaws made under this section for the good government of pilots and the punishment of any breach of any such byelaw, with any necessary modifications, to masters and mates holding pilotage certificates; and

  (p ) require the owners of ships, whose masters or mates hold pilotage certificates, to contribute towards the pilot fund or account of the pilotage district, and require the holders of such certificates to make a periodical return to them of the pilotage services rendered by

them; provided that the contribution so required from an owner shall not exceed such proportion of the pilotage dues which would have been payable in respect of the ship if the master or mate had not held a pilotage certificate, as may be fixed by the Board of Trade; and
  (q ) provide for any matter for which provision is to be made or may be made under this Act by byelaw.

(2) A byelaw shall not take effect unless it has been submitted to the Board of Trade and confirmed by them with or without modifications.

(3) Notice of any byelaw proposed to be submitted for confirmation under this section shall, before it is so submitted, be published in such manner as the Board of Trade direct.

18Power of Board of Trade on representation to revoke or vary byelaws or require pilotage authority to make byelaws.

(1) If at any port either—

  (a ) a majority of the licensed pilots belonging to the port; or

  (b ) any number of persons, not less than six, being masters, owners, or insurers of vessels using the port; or

  (c ) a dock or harbour authority not being the pilotage authority;

object to any byelaw in force at the port, or desire that any byelaw should be in force at the port which is not in force therein, they may make a representation to the Board of Trade to that effect, and the Board of Trade if the representation appears to them reasonable after giving the pilotage authority, and, if they think fit, any other persons, an opportunity of making representations on the subject, may, by order, revoke, vary, or add to any byelaw to which objection is made, or require the pilotage authority to submit to them for confirmation a byelaw for the purpose of giving effect to the representation.

(2) Any byelaw revoked by any such order shall cease to have effect, and any byelaw to which additions are made or which is varied or added to, shall have effect with the variations or additions made by the order.

(3) If a pilotage authority fail to submit to the Board of Trade for confirmation a byelaw in accordance with an order made under this section, the Board of Trade may treat the byelaw which they have required the pilotage authority to submit to them as a byelaw submitted to them by the authority, and confirm it accordingly, and the byelaw so confirmed shall have effect as if it had been made and confirmed in accordance with this Act.

19Licensing of pilots by pilotage authority not to involve any liability.

19. The grant or renewal of a licence to a pilot by a pilotage authority under the powers given to them by this Act does not impose any liability on the authority for any loss occasioned by any act or default of the pilot.
20Form of pilot's licence, and production and return of pilot's licence to pilotage authority.

(1) A pilot's licence shall be in a form approved for the time being by the Board of Trade.

(2) A licensed pilot shall, when required by the pilotage authority by whom the licence has been granted, produce his licence to the authority, and, in case his licence is revoked or suspended, shall deliver up his licence to the authority.

(3) On the death of a licensed pilot, the person into whose hands his licence comes shall without delay transmit it to the pilotage authority by whom it was granted.

(4) If any licensed pilot or other person fails to comply with the requirements of this section, he shall be liable in respect of each offence to a fine not exceeding ten pounds.

21Receipts and expenses of pilotage authority.

(1) All receipts of a pilotage authority in their capacity as such (other than any money received by them on behalf of and paid over to any pilot, or if the authority administer a pilots' benefit fund, any sums received by them as direct payments for that fund), shall be paid into a separate fund or account, to be called the pilot fund or account of the pilotage district.

(2) All expenses incurred by a pilotage authority in the exercise of their powers or performance of their duties as such authority shall be paid out of their pilot fund or account, and, except so far as may be provided to the contrary by byelaw, subject to the payment of those expenses, the balance shall in each year be applied for the purposes of any pilots' benefit fund established in the district, and so far as not required for that purpose shall be applied for the benefit of pilots in such manner as may be determined by the pilotage authority with the approval of the Board of Trade.

(3) A separate account shall be kept by any pilotage authority who administer a pilots' benefit fund of all moneys received by them as payments to that fund, or for the benefit of that fund, and money standing to the credit of that account shall not be applicable to any purpose other than the purposes of the fund.

(4) Nothing in this section shall prevent a pilotage authority which owns or hires the pilot boats for the district from keeping a separate account in respect of such boats.

22Returns to be furnished and statements of accounts to be sent to Board of Trade by pilotage authorities.

(1) Every pilotage authority shall deliver triennially, or, if the Board of Trade so direct, at shorter intervals, to the Board, in the form and at the time required by the Board, returns giving such particulars as the Board may by order prescribe with respect to pilotage in their district, and any returns so delivered shall, as soon as may be, be laid before both Houses of Parliament.

(2) Every pilotage authority shall in addition furnish annually to the Board of Trade, at such time as the Board direct, a statement of their accounts in the form prescribed by the Board, duly audited, including a statement of the average gross and net earnings of pilots during the past year, and, where the authority administer a pilots' benefit fund, the separate accounts of that fund, including particulars of the investments if any.

(3) Every pilotage authority shall allow the Board of Trade, or any person appointed by the Board for the purpose, to inspect any books or documents in the possession of that authority relating to any matter in respect of which a return is required to be delivered or a statement is required to be furnished under this section.

(4) If a pilotage authority refuse or fail without reasonable cause to deliver any return or furnish any statement to the Board of Trade in accordance with this section, His Majesty may by Order in Council suspend the pilotage authority for such time as His Majesty may direct, and thereupon the Board of Trade shall by order direct that, in the meantime, the powers of the authority shall be exercised, and the duties of the authority shall be performed, by such person as they may appoint for the purpose, and any such order shall take effect as if it were enacted in this Act.

Masters' and Mates' Certificates.
23Grant of masters' and mates' certificates by pilotage authorities.

(1) A pilotage authority may grant a certificate (in this Act referred to as a pilotage certificate) to any person who is bon fide the master or mate of any ship if that person applies for such a certificate, and if, after examination, they are satisfied that, having regard to his skill, experience, and local knowledge, he is capable of piloting the ship of which he is master or mate within their district:

Provided that—

  (a ) A pilotage certificate shall not be granted to the master or mate of a ship unless he is a British subject, except in the cases for which special provision is made by this Act; and

  (b ) In any district where a byelaw is in force prohibiting the grant of pilotage certificates to masters or mates who do not hold at least a mate's certificate of competency recognised under Part II. of the Merchant Shipping Act, 1894, the pilotage authority shall not grant a certificate except to a master or mate holding such a certificate of competency.

(2) A pilotage certificate shall be in a form approved for the time being by the Board of Trade, and shall contain (in addition to any other particulars which may be prescribed) the name of the person to whom the certificate is granted, the name and draught of water of the ship or ships in respect of which it is granted, the limits of the district in respect of which the certificate is granted, and the date on which it was granted.

(3) A pilotage certificate shall not be in force for more than a year from the date on which it is granted, but may be renewed annually by the pilotage authority, subject to the provisions of any byelaw made by that authority as to re-examination.

(4) A pilotage certificate may be granted so as to extend to more than one ship belonging to the same owner, while the master or mate is bon fide acting as master or mate of any such ship, provided that they are ships of substantially the same class.

(5) A pilotage authority may, on the application of the master or mate of a ship, alter his pilotage certificate so as to relate to any other ship or ships of a not substantially greater draught of water or tonnage than that to which the certificate formerly related, to which the master or mate may be transferred, or so as to cover any ships of substantially the same class and belonging to the same owner as the ships to which the certificate already relates.

(6) A pilotage authority may, for the purposes of this section, treat ships which are shown to their satisfaction to be bon fide under the management of the same person as manager, managing owner, demisee, or time charterer, as being ships owned by that person.

24Power to grant certificate to a master or mate, not being a British subject, under special circumstances.

(1) Notwithstanding anything in this Act, the provisions of this Act as to the renewal of a pilotage certificate shall apply, with respect to the renewal of a pilotage certificate granted before the first day of June nineteen hundred and six, to a master or mate who is not a British subject in the same manner as they apply to a pilotage certificate granted to a master or mate who is a British subject.

(2) If any master or mate who is not a British subject shows to the satisfaction of the Board of Trade that he is the master or mate of a ship which is of substantially the same class, and is trading regularly between the same ports as a foreign ship which, on the first day of June nineteen hundred and six, was exempt from the obligation to carry a licensed pilot, or had habitually been piloted by a master or mate of the ship who held a pilotage certificate, the Board of Trade may authorise the master or mate to apply to the pilotage authority for a pilotage certificate under this Act, and the provisions of this Act as to the granting of a pilotage certificate shall, notwithstanding anything in this Act, extend to a master or mate so applying for a certificate, although he is not a British subject, as they extend to a master or mate who is a British subject:

Provided that if the Admiralty at any time consider that, on the grounds of public safety, the provisions of this subsection should not be applicable with respect to any pilotage district or part of a pilotage district, they may make an order excluding that district or part of a district from the operation of those provisions; and while any such order is in force with respect to any such district or part of a district, a certificate granted under those provisions shall not be of any effect within that district or part of a district.

25Provision with respect to foreign certificates of competency.

25. For the purposes of this Act, references to certificates of competency recognised under Part II. of the Merchant Shipping Act, 1894, shall be deemed to include references to
any certificate of competency granted by the government of a foreign country, being a certificate of a class approved by the Board of Trade for the purpose.

Supplementary Provisions as to Licences and Certificates.
26Suspension or revocation of a pilot's licence or a pilotage certificate.

26. A pilotage authority may suspend or revoke any pilot's licence or any pilotage certificate granted by them if it appears to them, after giving the holder thereof an opportunity of being heard, that he has been guilty of any offence under this Act or of any breach of any byelaw made by the authority, or of any other misconduct affecting his capability as a pilot, or that he has failed in or neglected his duty as a pilot, or that he has become incompetent to act as pilot; and a licence or certificate, if so revoked, shall cease to have effect, and, if so suspended, shall cease to have effect for the period for which it is suspended:
Provided that in any case where pilots are directly represented on a committee of a pilotage authority, that committee may, until a Pilotage Order is made regulating the relations between the authority and the committee, exercise the powers conferred on a pilotage authority by this section with respect to pilots' licences as though they were the pilotage authority.

27Appeal by pilot, master, or mate, against action of pilotage authority with respect to pilot's licence or pilotage certificate.

(1) If a complaint is made to the Board of Trade that a pilotage authority have—

  (a ) without reasonable cause refused or failed to examine any candidate for a pilot's licence, or a master or mate for a pilotage certificate, or to grant such a licence or certificate after examination; or

  (b ) conducted any examination for a pilot's licence or a pilotage certificate improperly or unfairly; or

  (c ) imposed conditions on the granting of a pilot's licence or a pilotage certificate which they have no power to impose or which are unreasonable; or

  (d ) without reasonable cause refused or failed to renew a pilotage certificate, or, having obtained possession of any such certificate, refused or failed to return it; or

  (e ) without reasonable cause suspended or revoked a pilotage certificate; or

  (f ) in any other manner failed properly to perform their duties under this Act with respect to the matters above-mentioned in this section, or improperly exercised any of their powers under this Act with respect to those matters;

the Board of Trade shall consider the complaint, and, if they are of opinion that the complaint is in any respect well founded, shall make such order as they think fit for the purpose of redressing the matter complained of, and the pilotage authority shall give effect to any order so made by the Board of Trade.

(2) If a pilotage authority refuse or fail to give effect to any such order of the Board of Trade, the Board of Trade may, for the purpose of giving effect to the order, exercise any powers of the pilotage authority, and anything done by the Board of Trade in the exercise of those powers shall have the same effect as if it had been done by the pilotage authority.

28Appeal by pilot against action of pilotage authority in suspending, &c. pilot's licence.

(1) If a pilot is aggrieved by the suspension or revocation by the pilotage authority of his licence, or by the refusal or failure of the pilotage authority to renew his licence, or by the refusal or failure of the pilotage authority who have obtained possession of his licence to return it to him, or by the imposition upon him by the pilotage authority of a fine exceeding two pounds, he may either appeal to a judge of county courts having jurisdiction within the port for which the pilot is licensed, or to a metropolitan police magistrate or stipendiary magistrate having jurisdiction within that port.

(2) For the purpose of hearing the appeal, the judge or magistrate shall sit with an assessor of nautical and pilotage experience selected and summoned by the judge or magistrate.

(3) Objection may be taken to any person proposed to be summoned as an assessor, either personally or in respect of his qualification, and by either party to the appeal.

(4) The judge or magistrate may confirm or reverse the suspension or revocation of the licence, or make such order in the case as may seem just, and his decision shall be final, unless special leave to appeal from the same to the High Court on a question of law or a question of mixed law and fact is given by the judge or magistrate, or by the High Court, and in such case the decision of the High Court shall be final.

(5) The costs incurred by a pilotage authority under this section shall be payable out of any fund applicable to the general expenses of the pilotage authority.

(6) Rules with respect to the procedure under this section (including costs and the remuneration of assessors) may be made, as respects county court judges, by the authority having power to make rules of practice under the County Courts Act, 1888 , and as respects metropolitan police and stipendiary magistrates by a Secretary of State, but in either case with the concurrence of the Treasury as to fees.

(7) In Scotland the appeal under this section shall be to the sheriff having jurisdiction at the port where the decision is given, and may be heard by the sheriff sitting with an assessor as provided in this section, and rules may be made by the Court of Session by Acts of sederunt with respect to the procedure in case of those appeals in Scotland (including costs and the remuneration of assessors), subject to the concurrence of the Treasury as to fees. In the application of this section to Scotland, references to the Court of Session shall be substituted for references to the High Court.

(8) In the application of this section to Ireland—

  (a ) The expression “judge of county courts” and “judge” shall respectively mean a county court judge and chairman of quarter sessions, and include recorder;

  (b ) The expressions “stipendiary magistrate” and “magistrate” shall respectively mean a magistrate appointed under the Constabulary (Ireland) Act, 1836 ;

  (c ) Rules with respect to the procedure in case of appeals under this section (including costs and the remuneration of assessors) may from time to time be made, as respects county court judges and chairmen of quarter sessions, by the authority having power to make rules and orders for regulating the practice under the County Officers and Courts (Ireland) Act, 1877 , and as respects stipendiary magistrates, by the Lord Lieutenant of Ireland in Council, but in either case with the concurrence of the Treasury as to fees.

29Fees in respect of pilots' licences and pilotage certificates.

29. Such fees shall be payable on the examination for a pilot's licence, or for a pilotage certificate, and on the grant, renewal, or alteration of any such licence or certificate, as may be fixed by byelaw made under this Act.
Rights and Obligations of Licensed Pilots.
30Right of licensed pilot to supersede unlicensed persons.

(1) A pilot licensed for a district may supersede any pilot not so licensed who is employed to pilot a ship in the district.

(2) Where a licensed pilot supersedes an unlicensed pilot the master of the ship shall pay to the latter a proportionate sum for his services, and shall be entitled to deduct the sum so paid from the sum payable in respect of the services of the licensed pilot.

Any question as to the proportion payable to the licensed pilot and to the person whom the licensed pilot has superseded shall be referred to the pilotage authority by whom the licensed pilot has been licensed, and their decision on the question shall be final.

(3) If in any pilotage district a pilot not licensed for the district pilots or attempts to pilot a ship after a pilot licensed for that district has offered to pilot the ship, he shall be liable in respect of each offence to a fine not exceeding fifty pounds.

(4) If the master of a ship knowingly employs or continues to employ a pilot not licensed for the district to pilot the ship within any pilotage district after a pilot licensed for that district has offered to pilot the ship, or, in the case of an outward bound ship, without having taken reasonable steps (proof whereof shall lie on the master) to obtain a licensed pilot, he shall be liable in respect of each offence to a fine not exceeding fifty pounds.

(5) If any person other than the master or a seaman being bon fide one of the crew of the ship is on the bridge of a ship, or in any other position (whether on board the ship or elsewhere) from which the ship is navigated, that person shall, for the purposes of this section, be deemed to be piloting the ship unless the contrary is proved.

31Declaration as to draught of ship.

(1) A licensed pilot may require the master of any ship which he is piloting to declare her draught of water, length and beam, and the master shall comply with any such request.

(2) If the master of a ship refuses to comply with any such request of a pilot, or makes or is privy to any other person making any false statement to the pilot in answer to the request, he shall be liable in respect of each offence to a fine not exceeding fifty pounds.

32Provision as to ships within a harbour, dock, &c.

(1) A ship while being moved within a harbour which forms part of a pilotage district shall be deemed to be a ship navigating in a pilotage district, except so far as may be provided by byelaw in the case of ships being so moved for the purpose of changing from one mooring to another mooring or of being taken into or out of any dock:

Provided that a byelaw shall in every case be made for the purpose aforesaid in any pilotage district where any class of persons other than licensed pilots were in practice employed at the date of the passing of this Act for the purpose of changing the moorings of ships or of taking ships into or out of dock.

(2) A ship whilst being navigated within any closed dock, lock, or other closed work in a pilotage district shall notwithstanding anything in this Act be deemed to be navigating in a district in which pilotage is not compulsory.

33Copies of pilotage provisions to be furnished to pilots.

(1) The pilotage authority shall cause every pilot licensed by them to be furnished with a copy of this Act as amended for the time being, and with a copy of any Pilotage Order for the time being in force in the district, and of any byelaws so in force.

(2) A licensed pilot shall produce any copy so furnished to him to the master of any ship or other person employing him when required to do so, and if he fails without reasonable cause to do so, he shall be liable in respect of each offence to a fine not exceeding five pounds.

34Allowance to licensed pilot taken out of his district.

(1) A master of a ship shall not, except under circumstances of unavoidable necessity, take a licensed pilot without his consent beyond the district for which he is licensed, or beyond the point up to which he has been engaged to pilot the ship, and if a master of a ship acts in contravention of this section, he shall be liable in respect of each offence to a fine not exceeding twenty pounds.

(2) Where a pilot is taken beyond the district for which he is licensed, or beyond the point up to which he has been engaged to pilot the ship, either without his consent or under circumstances of unavoidable necessity, he shall be entitled, over and above his pilotage dues, to maintenance and to the sum of ten shillings and sixpence a day, recoverable in the same manner as pilotage dues.

(3) The sum so to be paid shall be computed from and inclusive of the day on which the ship passes beyond the district for which the pilot is licensed, or the point up to which the pilot was engaged to pilot her, and up to and inclusive of either the day of his being returned in the said ship to the place where he was taken on board, or, if he is discharged from the ship at a distance from that place, such day as will allow him sufficient time to return thereto; and in the last-mentioned case he shall be entitled to his reasonable travelling expenses.

35Limitation of pilots' liability where bond is given.

(1) A licensed pilot, who has given a bond in conformity with byelaws made for the purpose under this Act, shall not be liable for neglect or want of skill beyond the penalty of the bond and the amount payable to him on account of pilotage in respect of the voyage in which he was engaged when he became so liable.

(2) Any bond given by a pilot in conformity with byelaws made for the purpose under this Act shall not be liable to stamp duty, and a pilot shall not be called upon to pay any expense in relation to the bond other than the actual expense of preparing the same.

(3) Where any proceedings are taken against a pilot for any neglect or want of skill in respect of which his liability is limited as provided by this section, and other claims are made or apprehended in respect of the same neglect or want of skill, the court in which the proceedings are taken may determine the amount of the pilot's liability, and, upon payment by the pilot of that amount into court, may distribute that amount rateably among the several claimants, and may stay any proceedings pending in any other court in relation to the same matter, and may proceed in such manner and subject to such regulations as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who do not come in within a certain time, and as to requiring security from the pilot, and as to payment of any costs as the court thinks just.

36Obligation on licensed pilot to produce his licence to employer.

(1) Every licensed pilot when acting as such shall be provided with his licence, and shall, if requested, produce it to any person by whom he is employed, or to whom he offers his services as pilot.

(2) If a licensed pilot refuses to produce his licence in accordance with this section, he shall be liable, in respect of each offence, to a fine not exceeding ten pounds.

37Penalty on fraudulent use of licence.

37. If any person not being a licensed pilot for a district falsely represents himself to be a licensed pilot for that district, either by means of using a licence which he is not entitled to use or by any other means, he shall be liable in respect of each offence to a fine not exceeding twenty pounds.
Pilot Boats and Pilot Signals.
38Approval of pilot boats.

38. All vessels regularly employed in the pilotage service of any pilotage district (in this Act referred to as “pilot boats”) shall be approved and licensed by the pilotage authority of the district, and that authority may, at their discretion, appoint and remove the masters of those pilot boats.
39Characteristics of pilot boats.

(1) Every pilot boat shall be distinguished by the following characteristics, namely:—

  (a ) On her stern the name of her owner and the port to which she belongs, painted in white letters at least one inch broad and three inches long, and on each bow the number of her licence:

  (b ) In all other parts a black colour, painted or tarred outside, or such other colour or colours as the pilotage authority of the district, with the consent of the Board of Trade, direct:

  (c ) When afloat a flag (in this Act called a pilot flag) of large dimensions compared with the size of the pilot boat, and of two colours, the upper horizontal half white, and the lower horizontal half red, to be placed at the mast head, or on a sprit or staff, or in some equally conspicuous situation.

(2) It shall be the duty of the master of the pilot boat to see that the pilot boat possesses all the above characteristics, and that the pilot flag is kept clean and distinct, so as to be easily discerned at a reasonable distance; and also that the names and numbers aforesaid are not at any time concealed; and if a master fails, without reasonable cause, to comply with the requirements of this section, he shall be liable in respect of each offence to a fine not exceeding twenty pounds.

40Pilotage order not to diminish powers of pilotage authorities as to pilot boats.

40. A Pilotage Order in dealing with any Act, order, charter, custom, byelaw, regulation, or provision shall not provide for abolishing or diminishing any power of a pilotage authority to acquire, own, hire, build, renew, maintain, or work pilot boats.
41Display of pilot flag when pilot is on board ship.

41. When a ship is navigating in a pilotage district, and has on board a pilot licensed for that district, or a master or mate holding a pilotage certificate for that district, the master of the ship shall cause a pilot flag to be exhibited; and if he fails, without reasonable cause, to do so, he shall be liable in respect of each offence to a fine not exceeding fifty pounds.
42Penalty on ordinary boat displaying pilot flag.

42. A pilot flag, or a flag so nearly resembling a pilot flag as to be likely to deceive, shall not be displayed on any ship or boat not having a licensed pilot or a master or mate holding a pilotage certificate on board, and, if any such flag is displayed on any such ship or boat, the master of that vessel shall, unless
in the case of the display of a flag likely to deceive he proves that he had no intention to deceive, be liable for each offence to a fine not exceeding fifty pounds.

43Obligation to display signal for pilot in certain circumstances.

(1) The master of a ship (other than an excepted ship) shall when navigating in circumstances in which pilotage is compulsory under this Act, display a pilot signal, and keep the signal displayed until a licensed pilot comes on board.

(2) The master of a ship, whether navigating in circumstances in which pilotage is compulsory or not, which is being piloted in a pilotage district by a pilot not licensed for the district, shall display a pilot signal and keep the signal displayed until a licensed pilot comes on board.

(3) If the master of any ship fails to comply with this section, he shall be liable in respect of each offence to a fine not exceeding twenty pounds.

44Facilities to be given for pilot getting on board ship.

(1) The master of a ship (other than an excepted ship) which, in circumstances in which pilotage is compulsory under this Act, is not under pilotage as required in these circumstances, shall, if a licensed pilot of the district makes a signal for the purpose of offering his services as pilot, by any practical means consistent with the safety of his ship, facilitate the pilot getting on board the ship, and shall give the charge of piloting the ship to that pilot, or, if there are two or more licensed pilots offering at the same time, to such one of them as may, according to any byelaws for the time being in force in the district, be entitled or required to take charge of the ship.

(2) Where the master of a ship, whether in circumstances in which pilotage is compulsory or not, accepts the services of a licensed pilot, he shall, by any practical means consistent with the safety of his ship, facilitate the pilot getting on board the ship.

(3) If the master of any ship fails to comply with the provisions of this section, he shall be liable in respect of each offence to a fine not exceeding double the amount of pilotage dues that could be demanded for the conduct of the ship.

45Signals to be displayed by ships requiring a pilot.

(1) His Majesty may by Order in Council make rules as to the signals to be used or displayed where the services of a pilot are required on any vessel, and those signals are in this Act referred to as pilot signals.

(2) If a vessel requires the services of a pilot, the master of that vessel shall use or display the pilot signals.

(3) If a master of a vessel uses or displays, or causes or permits any person under his authority to use or display, any of the pilot signals for any other purpose than that of summoning a pilot, or uses or causes or permits any person under his authority to use any other signal for a pilot, he shall be liable in respect of each offence to a fine not exceeding twenty pounds.

Offences by Pilots.
46Penalty on pilot endangering ship, life, or limb.

46. If any pilot, when piloting a ship, by wilful breach of duty or by neglect of duty, or by reason of drunkenness—
a ) does any act tending to the immediate loss, destruction, or serious damage of the ship, or tending immediately to endanger the life or limb of any person on board the ship; or


b ) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from loss, destruction, or serious damage, or for preserving any person belonging to or on board the ship from danger to life or limb;


that pilot shall in respect of each offence be guilty of a misdemeanour.

47Penalty on person obtaining charge of a ship by mis-representation.

47. If any person, by wilful misrepresentation of circumstances upon which the safety of a ship may depend, obtains, or endeavours to obtain, the charge of that ship, that person and every person procuring, abetting, or conniving at the commission of the offence shall, in addition to any liability for damages, be liable in respect of each offence to a fine not exceeding one hundred pounds.
48Offences by pilots.

(1) If a licensed pilot, either within or without the district for which he is licensed,—

  (a ) himself keeps, or is interested in keeping by any agent, servant, or other person, any premises licensed for the sale of intoxicating liquors, or sells or is interested in selling any intoxicating liquors, tobacco, or tea;

  (b ) is in any way directly or indirectly concerned in any corrupt practices relating to ships, their tackle, furniture, cargoes, crews, or passengers, or to persons in distress at sea or by shipwreck, or to their moneys, goods, or chattels;

  (c ) lends his licence;

  (d ) acts as pilot whilst suspended;

  (e ) acts as pilot when in a state of intoxication;

  (f ) employs, or causes to be employed, on board any ship which he is piloting any boat, anchor, cable, or other store, matter, or thing beyond what is necessary for the service of that ship, with intent to enhance the expenses of pilotage for his own gain or for the gain of any other person;

  (g ) refuses or wilfully delays, when not prevented by illness or other reasonable cause, to pilot any ship within the district for which he is licensed, upon the signal for a pilot being made by that ship, or upon being required to do so by the master, owner, agent, or consignee thereof, or by any officer of the pilotage authority by whom the pilot is licensed, or by any chief officer of Customs and Excise;

  (h ) unnecessarily cuts or slips, or causes to be cut or slipped, any cable belonging to any ship;

  (i ) refuses, otherwise than on reasonable ground of danger to the ship, when requested by the master, to conduct the ship which he is piloting into any port or place within the district for which he is licensed; or

  (k ) quits the ship, which he is piloting, before the service for which he was engaged has been performed and without the consent of the master of the ship;

that pilot shall, in addition to any liability for damages, be liable in respect of each offence to a fine not exceeding one hundred pounds.

(2) If any person procures, aids, abets, or connives at the commission of any offence under this section, he shall, in addition to any liability for damages, be liable to a fine not exceeding one hundred pounds.

(3) The provisions of the law relating to Customs with respect to the recovery of penalties under that law, and the application of such penalties, shall apply in the case of any prosecution by any officer of Customs and Excise for the recovery of a fine in respect of any offence against this section.

Recovery, &c. of Pilotage Dues.
49Recovery of pilotage dues.

(1) The following persons shall be liable to pay pilotage dues for any ship for which the services of a licensed pilot are obtained, namely:—

  (a ) the owner or master;

  (b ) as to pilotage inwards, such consignees or agents as have paid or made themselves liable to pay any other charge on account of the ship in the port of her arrival or discharge;

  (c ) as to pilotage outwards, such consignees or agents as have paid or made themselves liable to pay any other charge on account of the ship in the port of her departure;

and those dues may be recovered in the same manner as fines of like amount under the Merchant Shipping Act, 1894, but that recovery shall not take place until a previous demand has been made in writing.

(2) Any consignee or agent (not being the owner or master of the ship) who is hereby made liable for the payment of pilotage dues in respect of any ship may, out of any moneys received by him on account of that ship or belonging to the owner thereof, retain the amount of all dues paid by him, together with any reasonable expenses he may have incurred by reason of the payment of the dues or his liability to pay the dues.

50Receiving or offering improper rates of pilotage.

50. A licensed pilot shall not demand or receive, and a master shall not offer or pay to any licensed pilot, dues in respect of pilotage services at any other rates, whether greater
or less, than the rates which may be demanded by law, and, if a pilot or master acts in contravention of this enactment, he shall be liable in respect of each offence to a fine not exceeding ten pounds.

51Pilotage rate for leading ships.

51. If any boat or ship, having on board a licensed pilot, leads any ship which has not a licensed pilot on board when the last-mentioned ship cannot, from particular circumstances, be boarded, the pilot so leading the last-mentioned ship shall be entitled to the full pilotage rate for the distance run as if he had actually been on board and had charge of that ship.
Special Provisions as to the Trinity House.
52Trinity House outport districts.

(1) For the purposes of this Act, any district which at the time of the passing of this Act is under the authority of sub-commissioners appointed by the Trinity House and any pilotage district which may be declared after the passing of this Act to be a Trinity House outport district, shall be deemed to be a Trinity House outport district.

(2) The powers and duties of the Trinity House under this Act as the pilotage authority of an outport district shall be exercised and performed through a committee appointed for the district in such manner and subject to such conditions as may be determined by a Pilotage Order, under the name of Sub-Commissioners or such other name as may be fixed by the Order, and any such Order may be made so as to apply to all or any one or more of the outport districts.

53Trinity House Pilot Fund.

53. Nothing in this Act shall oblige the Trinity House to maintain separate pilot funds for each of the pilotage districts of which they are the authority, and, if they maintain a single pilot fund for all those districts, the provisions of this Act as to pilot funds shall apply as if all the districts of which they are the pilotage authority were a single pilotage district.
54Power of Trinity House to make provisions as to exempt pilots.

54. Notwithstanding anything in this Act, the Trinity House may permit any person who, at the date of the passing of this Act, was licensed to pilot an exempted vessel in the Thames or Medway, to continue to pilot any vessel in those rivers belonging to a class which, at the date of the passing of this Act, were exempted vessels, and were, in the opinion of the Trinity House, in practice piloted by such persons, and any such person while so acting shall be deemed, for the purposes of this Act, to be a licensed pilot.
55Collection of pilotage dues in Port of London by officers of Customs and Excise.

(1) The following pilotage dues in respect of foreign ships, not being excepted ships, trading to and from the port of London, namely:—

  (a ) as to ships inwards, the full amount of pilotage dues for the distance piloted; and

  (b ) as to ships outwards, the full amount of dues for the distance required by law;

shall be paid to the chief officer of Customs and Excise in the port of London by the master, or by any consignees or agents of the ship who have paid, or made themselves liable to pay, any other charge for the ship in the port of London.

(2) The chief officer of Customs and Excise, on receiving any pilotage dues in respect of foreign ships, shall give to the person paying the dues a receipt in writing for the dues, and in the port of London the ship may be detained until the receipt is produced to the proper officer of Customs and Excise of the port.

(3) The chief officer of Customs and Excise shall pay over to the Trinity House the pilotage dues received by him under this section, and the Trinity House shall apply the dues so received—

  (a ) in paying to any licensed pilot who produces to them sufficient proof of his having piloted the ship such dues as would have been payable to him for pilotage services if the ship had been a British ship, after making any deductions which they are authorised to make by byelaw under this Act; and

  (b ) in paying to any person not being a licensed pilot who produces to them sufficient proof of his having, in the absence of a licensed pilot, piloted the ship, such amount as the Trinity House think proper, not exceeding the amount which would, under similar circumstances, have been payable to a licensed pilot after making the said deductions; and

  (c ) in paying over to the Trinity House pilot fund the residue, together with the amount of any deductions made as aforesaid.

(4) Nothing in this section shall affect the application of the provisions of this Act as to the recovery of pilotage dues.

Miscellaneous and General Provisions.
56Limit on expenditure.

56. The expenditure under this Act out of money provided by Parliament shall not exceed six thousand pounds in any one year.
57Application of 37 & 38 Vict. c. 40.

57. The Board of Trade Arbitrations, &c. Act, 1874, shall apply as if this Act were a special Act within the meaning of the first-mentioned Act.
58Saving for pilotage authorities having power to apply money received in name of pilotage to other purposes.

58. Notwithstanding anything in this Act, where a pilotage authority is entitled by statute at the time of the passing of this Act to receive moneys in the name of pilotage and to apply part of such moneys to purposes other than those authorised under this Act, a Pilotage Order made under Part I. of this Act in respect of that authority may provide for the apportionment of the moneys so received as between the pilot fund or account and such other purposes.
59Commencement of Act.

59. This Act shall (except as expressly provided) come into operation on the first day of April nineteen hundred and thirteen: Provided that any enactment, order, charter, custom, byelaw, regulation, or provision with reference to pilotage
affecting any pilotage district in particular, and in force at the time of the passing of this Act, including any exemptions from compulsory pilotage taking effect thereunder, shall remain in force notwithstanding anything in this Act or any repeal effected by this Act, until provision is made by Pilotage Order, or in the case of a byelaw by byelaw, made under this Act superseding any such enactment, order, charter, custom, byelaw, regulation, or provision.

60Repeal.

(1) The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.

Provided that—

  (a ) Any order in council, licence, certificate, byelaw, rule, or regulation made or granted under any enactment hereby repealed or in pursuance of any power which ceases in consequence of this Act, shall, subject to the provisions of this Act, continue in force as if it had been made or granted under this Act; and

  (b ) Any officer appointed, any body elected or constituted, and any office established under any enactment hereby repealed shall continue and be deemed to have been appointed, elected, constituted, or established, as the case may be, under this Act;

  (c ) Any document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment of this Act.

(2) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section thirty-eight of the Interpretation Act, 1889 , as regards the effect of repeals.

61Extent of Act.

61. This Act extends to the United Kingdom and the Isle of Man, and applies to all ships, British and foreign.
62Short title.

62. This Act may be cited as the Pilotage Act, 1913, and shall be construed as one with the Merchant Shipping Act, 1894, and the Acts amending the same; and the Merchant Shipping Acts, 1894 to 1907, and this Act may be cited together as the Merchant Shipping Acts, 1894 to 1913.

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1. The provisions of the Post Office Act, 1908, relating to the registration of newspapers and registered newspapers shall apply to publications printed and published in a British possession or protectorate as they apply to publications printed and published in the British Islands, and accordingly paragraph (a ) of subsection (1) of section twenty of the Post Office Act, 1908 (which relates to the publications which may be registered as a newspaper), shall be read as if the words “or in some British
possession or protectorate” were inserted after the words “in the British Islands”:

Provided that the Postmaster General may refuse to register as a newspaper a publication printed and published in a British possession or protectorate, unless arrangements have been made to his satisfaction for maintaining a responsible representative of the publication in the United Kingdom.

For the purposes of this provision, the expression “British Protectorate” shall be deemed to include the Malay States and Cyprus.

2Short title.

2. This Act may be cited as the Post Office Act, 1913, and shall be read as one with the Post Office Act, 1908.

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1Power of Secretary of State to discharge prisoners temporarily on account of their health.

(1) If the Secretary of State is satisfied that by reason of the condition of a prisoner's health it is undesirable to detain him in prison, but that, such condition of health being due in whole or in part to the prisoner's own conduct in prison, it is desirable that his release should be temporary and conditional only, the Secretary of State may, if he thinks fit, having regard to all the circumstances of the case, by order authorise the temporary discharge of the prisoner for such period and subject to such conditions as may be stated in the order.
(2) Any prisoner so discharged shall comply with any conditions stated in the order of temporary discharge, and shall return to prison at the expiration of the period stated in the order, or of such extended period as may be fixed by any subsequent order of the Secretary of State, and, if the prisoner fails so to comply or return, he may be arrested without warrant and taken back to prison.
(3) Where a prisoner under sentence is discharged in pursuance of an order of temporary discharge, the currency of the sentence shall be suspended from the day on which he is discharged from prison under the order to the day on which he is received back into prison, so that the former day shall be reckoned and the latter shall not be reckoned as part of the sentence.
(4) Where an order of temporary discharge is made in the case of a prisoner not under sentence, the order shall contain conditions requiring the attendance of the prisoner at any further proceedings on his case at which his presence may be required.
2Savings.

(1) Where the prisoner is undergoing a sentence of penal servitude, the powers under this Act shall be in addition to and not in substitution for the power of granting licences under the Penal Servitude Acts, 1853 to 1891.
(2) Nothing in this Act shall affect the duties of the medical officer of a prison in respect of a prisoner whom the Secretary of State does not think fit to discharge under this Act.
3Application to Scotland and Ireland.

3. In the application of this Act to Scotland and Ireland, references to the Secretary of State shall be construed as references to the Secretary for Scotland and the Lord Lieutenant respectively.
4Short title.

4. This Act may be cited as the Prisoners ( Temporary Discharge for Ill-health) Act, 1913.

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1Resolutions varying or renewing tax to have statutory effect for a limited period.

(1) Where a resolution is passed by the Committee of Ways and Means of the House of Commons (so long as it is a Committee of the whole House) providing for the variation of any existing tax, or for the renewal for a further period of any tax in force or imposed during the previous financial year, whether at the same or a different rate, and whether with or without modifications, and the resolution contains a declaration that it is expedient in the public interest that the resolution should have statutory effect under the provisions of this Act, the resolution shall, for the period limited by this section, and subject to the provisions of this Act, have statutory effect as if contained in an Act of Parliament, and, where the resolution provides for the renewal of a tax, all enactments which were in force with reference to that tax as last imposed by Act of Parliament shall, during the said period, and subject to the provisions of this Act, have full force and effect with respect to the tax as renewed by the resolution:
Provided that—

  (a ) The resolution shall cease to have statutory effect if it is not agreed to, with or without modification, by the House within the next ten days on which the House sits after the resolution is passed by the Committee, and also if a Bill varying or renewing the tax is not read a second time by the House within the next twenty days on which the House sits after the resolution is agreed to; and
  (b ) The resolution shall cease to have statutory effect if Parliament is dissolved or prorogued, or an Act comes into operation varying or renewing the tax, or the resolution is rejected by the House, or the provisions giving effect to the resolution are rejected during the passage of the Bill containing those provisions through the House, and the resolution, if modified by the House, shall have effect under this Act as so modified; and
  (c ) Where the resolution so ceases to have statutory effect, or the said period terminates, before an Act comes into operation varying or renewing the tax, any money paid in pursuance of the resolution shall be repaid or made good, and any deduction made in pursuance of the resolution shall be deemed to be an unauthorised deduction; and
  (d ) Where the tax as varied or renewed by the resolution is modified, either by the House or by the Act varying or renewing the tax, any money which has been paid in pursuance of the resolution, which would not have been payable under the new conditions affecting the tax shall be repaid or made good, and any deduction made in pursuance of the resolution shall, so far as it would not have been authorised under the new conditions affecting the tax, be deemed to be an unauthorised deduction; and
  (e ) When during any session a resolution has had statutory effect under this Act, statutory effect shall not be again given under this Act in the same session to the same resolution or to a resolution having the same effect.
(2) The period for which a resolution shall have statutory force under this section shall be a period expiring at the end of four months after the date on which the resolution is expressed to take effect, or, if no such date is expressed, after the date on which the resolution is passed by the Committee.
(3) In this Act any expression referring to the renewal of a tax shall be deemed to refer also to the reimposition of a tax.
2Payments and deductions made on account of temporary tax before renewal of tax.

(1) Any payment or deduction made on account of a temporary tax within one month after the date of the expiration of the tax shall, if the payment or deduction would have been a legal payment or deduction if the tax had not expired, be deemed to be a legal payment or deduction, subject to the condition that if a resolution is not passed by the House of Commons or by the Committee of Ways and Means of the House of Commons (if that Committee is a Committee of the whole House) within that month for the renewal of the tax, or if such a resolution is passed within that month but ceases to have statutory effect under this Act, any money so paid or deducted shall be repaid or made good, and that if the tax is ultimately renewed at a different rate, or with modifications, any amount paid or deducted which could not properly have been paid or deducted under the new conditions affecting the tax shall be repaid or made good.
For the purposes of this provision, the expression “temporary tax” means a tax which has been imposed or renewed for a limited period not exceeding eighteen months, and was in force or imposed during the previous financial year.

(2) Section ninety-five of the Finance (1909-10) Act, 1910 , shall have effect with respect to any duties imposed by the Finance Act of this or any previous year, with the substitution of a reference to that Finance Act for any reference in that section to “this Act,” but this provision shall not affect any past proceeding in any court of law.
3Application of Act.

3. This Act shall apply only to duties of customs and excise and to income tax.
4Short title.

4. This Act may be cited as the Provisional Collection of Taxes Act, 1913.

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1Appropriation of surplus under 8 Edw. 7. c. 16. s. 9.

(1) The sum of six hundred thousand pounds applicable under section nine of the Finance Act, 1908, for or in connection with public offices on land at Westminster may, so far as not required for that purpose, be applied to the extent of one hundred and forty-five thousand pounds in defraying any expenses incurred by the Commissioners of Works in erecting buildings and executing other works for or in connection with the museum, office, and college mentioned in the Schedule to this Act, and the said section nine shall have effect accordingly.
(2) Section two of the Public Buildings Expenses Act, 1898 , shall have effect as if it were herein re-enacted and in terms made applicable to this Act.
2Short title.

2. This Act may be cited as the Public Buildings Expenses Act, 1913.

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1. Notwithstanding the provisions of section two hundred and eighty-one of the Public Health Act, 1875, the Local Government Board may by order authorise a local authority having
jurisdiction in any part of a united district to exercise in relation to that part any powers which the joint board are also authorised to exercise, subject, however, to such conditions and restrictions as may be imposed by the order.

2Enforcement of epidemic diseases regulations by county councils.

2. The Local Government Board shall have power to declare that one of the authorities to execute and enforce regulations made by the Board under section one hundred and thirty of the Public Health Act, 1875, with a view to the treatment of persons affected with cholera or any other epidemic, endemic, or infectious disease, and preventing the spread of cholera and such other diseases, shall be the council of a county, and that section shall have effect accordingly as if a county council were an authority within the meaning of that section:
Provided that, except in case of emergency, the Local Government Board shall not require the council of a county to execute and enforce any such regulations without the consent of such council.

3Treatment of tuberculosis.

3. It shall be lawful for the council of any county or for any sanitary authority to make any such arrangements as may be sanctioned by the Local Government Board for the treatment of tuberculosis: Provided that the power conferred by this section shall be in addition to and not in derogation of any other power.
4Expenses.

4. Any expenses incurred under this Act shall, in the case of a sanitary authority be defrayed as part of the expenses incurred by them in the execution of the Public Health Acts, and in the case of a county council as expenses for general county purposes, or, if the Local Government Board by order so direct, as expenses for special county purposes charged on such part of the county as may be provided by the order.
5Short title.

5. This Act may be cited as the Public Health ( Prevention and Treatment of Disease) Act, 1913.

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1Grants for public works.

(1) For the purpose of local loans, there may be issued by the National Debt Commissioners the following sums, namely:—
  (a ) For the purpose of loans by the Public Works Loan Commissioners, any sum or sums not exceeding in the whole the sum of six million pounds:
  (b ) For the purpose of loans by the Commissioners of Public Works in Ireland, any sum or sums not exceeding in the whole the sum of six hundred thousand pounds.
(2) The sums so issued shall be issued during a period ending on the day on which a further Act granting money for the purposes of those loans comes into operation and in accordance with the provisions of the National Debt and Local Loans Act, 1887 .
2Certain debts not to be reckoned as assets of local loans fund.

2. Whereas it is expedient that the principal of the several local loans specified in the Schedule to this Act should, to the extent specified in the last column of that schedule, not be reckoned as assets of the local loans fund established under the National Debt and Local Loans Act, 1887; therefore, the principal of the said loans shall to that extent be written off from the assets of the local loans fund, and the provisions of section fifteen of the said Act shall, so far as applicable, apply thereto.
3Remission of arrears of principal and interest in respect of Eyemouth Harbour loan.

3. Whereas in pursuance of an agreement made in the year eighteen hundred and ninety-two the sum of ten thousand pounds was advanced by the Public Works Loan Commissioners to the Eyemouth Harbour Trustees on the security of the harbour revenues with the collateral security of the Fishery Board for Scotland: 1 Edw. 7. c. 35.
And whereas by an arrangement confirmed by section three of thePublic Works Loans Act, 1901, the liability of the Eyemouth Harbour Trustees in respect of the said loan was extinguished without prejudice to the liability of the Fishery Board for Scotland to repay that loan, and, in consequence thereof, the said collateral security is the sole security for the repayment of the said loan:

And whereas the terms of the said collateral security are embodied in a memorandum of agreement between the Secretary for Scotland and the Public Works Loan Commissioners, dated the eleventh day of March eighteen hundred and ninety-two, whereby a portion of the “surplus herring brand fees,” as defined in clause three of the said memorandum, was pledged in security for the repayment of the said loan with interest by the instalments and at the times mentioned in the security given by the Eyemouth Harbour Trustees for the said loan, and it was provided that the said portion of the “surplus herring brand fees” of any one year should only be applicable to the repayment of the one-fiftieth part of principal and interest on outstanding principal falling due under the security for the said loan in the same year, and should not be applicable to the repayment of arrears of principal:

And whereas the said portion of the “surplus herring brand fees” so pledged as aforesaid, was in the year ending the thirty-first day of March nineteen hundred and thirteen insufficient

to discharge in full the instalment of principal with interest which fell due under the security for the said loan in that year, and the principal sum of two hundred pounds, with interest amounting to one hundred and ninety-five pounds four shillings and sixpence, now remains unpaid and under the terms of the said memorandum of agreement is irrecoverable:

Therefore the said principal sum of two hundred pounds shall be extinguished, and the said arrears of interest amounting to one hundred and ninety-five pounds four shillings and sixpence shall be remitted.

4Remission of certain claims under 5 & 6 Vict. c. 89.

4. Whereas by the Public Works Loans Act, 1905, it was provided that the principal of (amongst others) certain loans under the Drainage (Ireland) Act, 1842, should, to the extent specified in the last column of the schedule to the first-mentioned Act, be written off from the assets of the local loans fund:
And whereas the sums specified in that column of that schedule constitute the balance remaining unpaid out of the total amount advanced under the Drainage (Ireland) Act, 1842, and relate to charges which expired prior to the year eighteen hundred and eighty-eight, and are irrecoverable:

Therefore the principal of the said local loans to the extent aforesaid shall be extinguished, and all arrears of interest thereon shall be remitted.

5Short title.

5. This Act may be cited as the Public Works Loans Act, 1913.

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1Increased expenditure due to cost of improved labour conditions to be treated as a valid justification of increased rates.

(1) Where on a complaint with respect to any increase (within any limit fixed by an Act of Parliament, or by a Provisional Order confirmed by an Act of Parliament) of any rate or charge under section one of the Railway and Canal Traffic Act, 1894 , the railway company proves to the satisfaction of the Railway and Canal Commissioners—
  (a ) that there has been a rise in the cost of working the railway, excluding the cost of carrying and dealing with passengers, resulting from improvements made by the company since the nineteenth day of August nineteen hundred and eleven in the conditions of employment of their labour or clerical staff; and
  (b ) that the whole of the particular increase of rate or charge of which complaint is made is part of an increase of rates or charges made for the purpose of meeting the said rise in the cost of working; and
  (c ) that the increase of rates or charges made for the purpose of meeting the said rise in the cost of working is not, in the whole, greater than is reasonably required for the purpose; and
  (d ) that the proportion of the increase of rates or charges allocated to the particular traffic with respect to which the complaint is made is not unreasonable;
the Commissioners shall treat the increase of rate or charge as justified: Provided that nothing in this section shall be construed as preventing the Commissioners from taking into account any circumstances which are relevant to the determination whether an increase of rates or charges is or is not greater than is reasonably required for the purpose of meeting the said rise in the cost of working.

(2) Where it appears to the Commissioners that the increase of the rate or charge of which complaint is made should for the time being be treated as justified in pursuance of this Act, but that an opportunity should be given after a limited time for re-considering the increase, they may, in making an order declaring the increase to be justified, add to their order a provision that the question may, after a period to be fixed by the Commissioners, be re-opened in accordance with the conditions (if any) made by the order.
(3) Where any such order is made, a complaint may be made as to the increase of the rate or charge under the Railway and Canal Traffic Act, 1894, in accordance with the order of the Commissioners, notwithstanding that the matter has already been determined by the Commissioners.
2Application of Act.

2. This Act shall not apply to Ireland.
3Short title.

3. This Act may be cited as the Railway and Canal Traffic Act, 1913, and shall be read with the Railway and Canal Traffic Acts, 1873 to 1894.

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1Amendment of 2 Geo. 5. c. 3 in its application to premises for the sale of refreshments.

(1) The provisions of section one of the Shops Act, 1912, shall not apply to shop assistants employed in any premises for the sale of refreshments, whether licensed for the sale of intoxicating liquor or nat, if their employment is wholly or mainly in connexion with the sale of intoxicating liquors or refreshments for consumption on the premises, and if the occupier of the premises, by such a notice as is hereinafter mentioned, signifies that he elects that instead of those provisions the following provisions shall apply:—
  (a ) No such assistant shall be employed for more than sixty-five hours in any week exclusive of meal times.
  (b ) Provision shall be made for securing to every such assistant—

(i)thirty-two whole holidays on a week day in every year, of which at least two shall be given within the currency of each month and which shall comprise a holiday on full pay of not less than six consecutive days;

(ii)twenty-six whole holidays on Sunday in every year, so distributed that at least one out of every three consecutive Sundays shall be a whole holiday:

Provided that two half holidays on a week day shall be deemed equivalent to one whole holiday on a week day.

  (c ) Intervals for meals shall be allowed to every such assistant amounting on a half holiday to not less than three-quarters of an hour, and on every other day to not less than two hours, and no assistant shall be employed for more than six hours without being allowed an interval of at least half an hour:

Provided that this provision shall not apply if the only persons employed as such shop assistants are members of the family of the occupier of the premises maintained by him and dwelling in his house.

  (d ) The occupier shall affix and constantly maintain in a conspicuous position in the premises a notice in the prescribed form referring to the provisions of this section, and stating the steps taken with a view to compliance therewith.
(2) Where the occupier of any premises has signified as aforesaid that he elects that the foregoing provisions shall apply, and any of those provisions are nor complied with, the occupier of the premises shall be guilty of an offence against the Shops Act, 1912, and shall be liable to a fine not exceeding—
  (a ) in the case of a first offence, one pound;
  (b ) in the case of a second offence, five pounds; and
  (c ) in the case of a third or subsequent offence, ten pounds.
(3) For the purposes of this section, the expression “half holiday” means a day on which the employment of an assistant ceases not later than three o'clock in the afternoon and on which he is not employed for more than six hours including meal-time.
(4) A notice under this section may be withdrawn by the occupier of the shop at the expiration of a year from the date when it was given, and thereafter at the expiration of any succeeding year, and upon any such withdrawal section one of the Shops Act, 1912, shall apply to the shop in like manner as before the notice was given.
(5) The Shops Act, 1912, as amended by this Act, shall, in its application to any premises in respect to which a notice under this section is in force, have effect as though the definition of “shop assistant” included all persons wholly or mainly employed in any capacity at the premises in connexion with the business there carried on.
2Short title and extent.

(1) This Act may be cited as the ShopsAct, 1913 , and shall be construed as one with the Shops Act, 1912; and the Shops Act, 1912, and this Act may be cited together as the Shops Acts, 1912 and 1913.
(2) This Act shall not extend to shops in Ireland in which the business of the sale by retail of intoxicating liquors is carried on.

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1Grant for purposes of Telegraph Acts.

(1) The Treasury may, with a view to the development of that part of the telegraphic system of the United Kingdom which is called the telephonic system, without prejudice to the exercise of any powers previously given for the like purpose, issue out of the Consolidated Fund, or the growing produce thereof, such sums not exceeding in the whole the sum of ten million pounds, as may be required by the Postmaster-General for the purpose of developing the telephonic system aforesaid according to estimates approved by the Treasury.
(2) The Treasury may, if they think fit, for the purpose of providing money for sums so authorised to be issued out of the Consolidated Fund, or for repaying to that fund all or any part of the sums so issued, borrow by means of terminable annuities for a term not exceeding twenty years, and all sums so borrowed shall be paid into the Exchequer.
(3) The said annuities shall be paid out of moneys provided by Parliament for the service of the Post Office, and, if those moneys are insufficient, shall be charged on and paid out of the Consolidated Fund of the United Kingdom, or the growing produce thereof.
(4) The Treasury may also, if they think fit, for the same purpose borrow money by means of the issue of Exchequer bonds, and the Capital Expenditure (Money) Act, 1904 , shall have effect as if this Act had been in force at the time of the passing of that Act.
(5) Section five of the Telephone Transfer Act, 1911 (which relates to audit) shall have effect as if this Act were included amongst the Acts therein mentioned.
2Short title.

2. This Act may be cited as the Telegraph ( Money) Act, 1913, and may be cited with the Telegraph Acts, 1863 to 1911.

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1. This Act shall, except as otherwise in this Act provided, come into operation on the expiration of eight years from the first day of June nineteen hundred and twelve.
2Poll of electors on resolutions submitted.

(1) If, in the manner hereinafter provided, a requisition demanding a poll under this Act in any area is found by the local authority to have been duly signed, the local authority shall cause a poll of the electors in such area (hereinafter called “a poll”) to be taken in accordance with the provisions of this Act.

(2) The questions to be submitted to the electors at a poll shall be the adoption in and for such area of (a ) a no-change resolution, or (b ) a limiting resolution, or (c ) a no-licence resolution.

(3) On a poll in any area—

  (a ) if fifty-five per cent. at least of the votes recorded are in favour of a no-licence resolution, and not less than thirty-five per cent. of the electors for such area on the register have voted in favour thereof, such resolution shall be deemed to be carried; or if

  (b ) a majority of the votes recorded are in favour of a limiting resolution, and not less than thirty-five per cent. of the electors for such area on the register have voted in favour thereof, such resolution shall be deemed to be carried; or if

  (c ) a majority of the votes recorded are in favour of a no-change resolution, or if no other resolution is carried, a no-change resolution shall be deemed to be carried; and

any such resolution so carried shall come into force on the twenty-eighth day of May immediately following the taking of the poll.

(4) An elector shall not be entitled to vote for more than one of the resolutions submitted at the poll, but, if a no-licence resolution be not carried, the votes recorded in favour of such resolution shall be added to those recorded in favour of the limiting resolution, and shall be deemed to have been recorded in favour thereof.

(5) Any such resolution if carried shall remain in force until the resolution is repealed or superseded as hereinafter provided.

3Effect of resolutions, if carried.

(1) For the period during which a no-licence resolution remains in force in any area, no certificate shall be granted therein; except that the licensing court may, on being satisfied that under the special circumstances of the case any certificate is reasonably required notwithstanding the fact that a no-licence resolution is in force in the area, grant one or more certificates for an inn and hotel or for premises structurally adapted for use and bon fide used or to be used as a restaurant: Provided that any certificate so granted shall be deemed to include the conditions that there shall be on the certificated premises no drinking-bar or other part of the premises mainly or exclusively used for the sale or consumption of excisable liquors, and that such liquors shall be sold therein by retail only and to none but persons lodging or residing in the inn and hotel, or persons taking a meal on the premises of the restaurant or (if the court so sanction) of the inn and hotel, for consumption with such meal; and provided further that it shall be a condition of the renewal of any such certificate in any year after the year in which it is first granted under the provisions of this section that the applicant shall satisfy the court by production of an excise licence or otherwise that he is entitled to a reduction of duty in terms of section forty-five of the Finance (1909-10) Act, 1910 .

(2) For the period during which a limiting resolution remains in force in any area, without prejudice to the other powers or discretion of the licensing court, it shall not be lawful for the licensing court to grant a greater number of certificates in such area than the nearest integral number which shall not exceed seventy-five per cent. of the number of certificates in force at the date at which such resolution is carried.

(3) If a limiting resolution is carried, the licensing court shall, before the first day of February following the poll, meet for the purpose of preparing a scheme for carrying out in the area the requirements of the resolution, which scheme shall give the particulars of any premises the certificates of which the court propose to withdraw, and every scheme prepared as aforesaid shall forthwith be advertised by the clerk to the licensing court in a newspaper circulating in the area and shall be open to the inspection of the public for three weeks before the first day of March following the poll at a place to be stated in the advertisement.

(4) Before the general half-yearly meeting of the licensing court held in April, the licensing court shall meet for the purpose of hearing the parties interested in the said scheme and adjusting the said scheme for consideration at the said April meeting, and the licensing court shall, at that meeting or at any adjournment thereof, take the scheme so adjusted into consideration, and, after hearing parties interested therein, so far as not already heard, and, if they modify the scheme, after hearing parties interested in any modification, shall decide upon the certificates to be withdrawn.

(5) The decision of the licensing court in refusing or reducing certificates in pursuance of a no-licence resolution or of a limiting resolution shall not be subject to appeal.

(6) It shall not be competent for a member of a licensing court to sign a requisition for a poll under this Act.

4Resolutions at further polls.

(1) Where a poll has been taken, and such poll, or the declared result thereof has not been declared void in terms of this Act, a further poll shall not be taken before the month of November in the third year from the date of the last poll.

(2) Such further poll may be taken—

  (a ) if a no-change resolution is in force, or a limiting resolution or no-licence resolution has been repealed, for the following options, that is to say, for a further no-change resolution, or for a no-licence resolution, or for a limiting resolution;

  (b ) if a limiting resolution is in force, for the following options, that is to say, for the repeal or continuance of any such resolution, or for a further limiting resolution, or for a no-licence resolution, provided that, if the repeal of any such resolution is not carried, the votes in favour of such repeal shall be added to those recorded in favour of a countenance

resolution and shall be deemed to have been recorded in favour thereof; and
  (c ) if a no-licence resolution is in force, for repealing the same.

(3) The provisions of section two of this Act, except as regards the questions to be submitted to the electors, shall apply to such further polls, provided that where a further poll is taken in any area where a limiting resolution or a no-licence resolution is in force and the majority of the votes recorded is not in favour of the repeal of such resolution, such repeal shall not be carried.

5Supplemental provisions.

(1) The requisition for a poll shall be in the form set out in Schedule I. to this Act, and shall be signed by not less than one-tenth of the electors in the area; and the signatures to the said requisition shall be appended thereto with the full addresses of the signatories, on papers which shall be issued on demand of any elector by the clerk to the local authority, not earlier than the fifteenth day of August immediately preceding the month in which the requisition is to be lodged; and such papers shall bear on each sheet the date of issue. The requisition shall be lodged during the month of September in any year with the clerk to the local authority, who shall thereupon insert, in not less than two newspapers circulating in the area, a notice of the receipt of such requisition, and shall allow inspection of the requisition by any elector, but, after the requisition has been so lodged, no signatures thereto may be withdrawn.

(2) On the day on which a poll under this Act is taken in any area, all the certificated premises in such area in which excisable liquors are sold by retail shall remain closed for the sale of such liquors until after the hour fixed for the close of the poll, but nothing in this subsection contained shall prohibit the sale of such liquors to lodgers or to bon fide travellers taking meals on the premises in any room usually set apart for that purpose, for consumption therein at the meal, or the sale, distribution, or delivery of excisable liquors under the conditions prescribed by section sixty-three of the Licensing (Scotland) Act, 1903 .

(3) A poll shall be taken on any day not being a market day which the local authority may fix in the month either of November or of December immediately following the lodging of the requisition: Provided that in a county a poll shall be taken only in the year of a triennial election of county councilors, except in the case of a poll held in the year in which a resolution under this Act is first competent; and provided further that, if a poll, or the declared result thereof, is by a judgment of the Court of Session declared void, the Court may, if they think fit, order the local authority to cause a new poll to be taken, or one-tenth of the electors in the area may, by requisition found by the local authority to have been duly signed within two months of the date of the judgment, demand a new poll, and the local authority shall thereupon forthwith cause such poll to be taken.

(4) Polls under this Act shall be by ballot, and the Secretary for Scotland shall make rules for regulating the procedure with respect to requisitions and the taking of polls, and providing for the re-counting or scrutiny of the votes recorded on any poll when a demand is made therefor, and, without prejudice to the generality of the power hereby conferred, may by those rules apply for the purpose with any necessary modifications any enactments relating to Parliamentary or local government elections and to the prevention of corrupt and illegal practices thereat (including the penal provisions thereof):

Provided that, where a poll is taken for the first time in any area, the ballot papers shall be in the form contained in Schedule II. to this Act, with any modifications thereof to meet the circumstances of the case which may be sanctioned by the Secretary for Scotland, and, in case of polls other than the first poll or in cases where there are no certificates or not more than one certificate in force in the area, in such forms as may be prescribed by the Secretary for Scotland, who shall fix a maximum scale for the expenses of a poll, and any expenses incurred within such scale by the local authority in connection with this Act shall be defrayed out of the county general purposes rate in counties (excluding police burghs) and the burgh general or police assessment in burghs, but shall not be reckoned in any calculation as to the statutory limit of such assessment.

(5) If any returning officer, presiding officer, clerk or officer of the local authority is guilty of any wilful act or omission in contravention of any of the provisions of this Act, or of any of the rules made by the Secretary for Scotland under this Act, he shall on summary conviction, in cases where no penalty is otherwise provided, be liable to a penalty not exceeding ten pounds for the first, and twenty pounds for every succeeding offence.

(6) Every person who forges or procures the forgery of any signature to a requisition, or alters or defaces a requisition, or delivers to the clerk to the local authority any requisition knowing it to contain signatures which have been forged, or to have been altered or defaced in any way, shall be guilty of an offence, and shall be liable on summary conviction to a penalty not exceeding ten pounds, or, alternatively, to imprisonment for a term not exceeding three months with or without hard labour.

6Structural alterations.

6. As from the passing of this Act, and until the first day of June nineteen hundred and twenty, it shall not be competent for a licensing court to order any structural alterations of licensed premises under section forty-two, subsection (3), of the Licensing (Scotland) Act, 1903.
7Later hour of opening.

7. Notwithstanding anything contained in the Licensing (Scotland) Act, 1903, the licensing court shall insert in all certificates granted from or after the twenty-eighth day of May nineteen hundred and fourteen the hour of ten o'clock in the
morning in lieu of the hour of eight of the clock in the morning, and the forms of certificate contained in the Sixth Schedule to the said Act shall be construed accordingly: Provided that, where sale of commodities other than excisable liquors is otherwise lawful, such commodities may be sold before such hour, and provided further that excisable liquors may be despatched before such hour in fulfilment of orders received as prescribed by section sixty-three of the Licensing (Scotland) Act, 1903, and that section fifty-six of that Act shall apply to this Act.

8Amendment of law relating to clubs.

(1) Section seventy-eight, subsection (1), of the Licensing (Scotland) Act, 1903 (hereinafter in this section referred to as “the Act of 1903”), shall be amended (a ) by substituting the words “and the names and addresses of the members” for the words “and the names of the members”; (b ) by substituting the words “two members either of the licensing court or of the court of appeal for the county within which such premises are situate, or one member of each of such courts not being the same member, or, where such premises are situate within a burgh, either by two justices of the peace who for the time being are members of the court of appeal from the burgh licensing court or by two magistrates of the burgh, or by one justice, as aforesaid, and one magistrate,” for the words “two justices of the peace for the county within which such premises are situate, or, where such premises are situate within a burgh, either by two justices of the peace, as aforesaid, or by two magistrates of the burgh, or by one justice and one magistrate”; and (c any such justice of the peace or magistrate may, within ten days from the date on which he signed the certificate, withdraw his name from the certificate granted by him; and (2),” after the words “Provided that.”

(2) Section seventy-nine, subsection (2), of the Act of 1903 shall be amended by including amongst those persons who may lodge objections to the grant or renewal of the certificate of registration the procurator fiscal and any person, or the agent of any person, owning or occupying property in the neighbourhood of the club, and by substituting the word “twenty-one” for the word “ten.”

(3) Section seventy-nine, subsection (4), of the Act of 1903 shall have effect as if the power conferred thereby on the sheriff (to award expenses against the unsuccessful party where objection has been taken to the grant or renewal of a certificate) included the like power where a summary complaint has been lodged.

(4) Any person or council competent under the Act of 1903 to lodge objections to the grant or renewal of a certificate of registration may, within twenty-one days of the receipt of the notice of application for the grant or renewal of a certificate, lodge with the registrar objections to such grant or renewal of the certificate on one or more of the following grounds, and that in addition to the grounds specified in section eighty-one of the Act of 1903:—

  (a ) That the premises are, or the situation thereof is, not suitable or convenient for the purpose of a club; or

that there is a drinking-bar or other part of the premises mainly or exclusively used for the consumption of excisable liquors; or
  (b ) That the club is to be used mainly as a drinking club; or

  (c ) That the owner of the premises, when the same are not owned by the club or the immediate lessor of the premises, or the officials and committee of management, or governing body, or the manager, or a servant employed in or by the club have, or has, or will have, a personal interest in the purchase by the club or in the sale in the club of excisable liquors, or in the profits arising therefrom; or

  (d ) That persons are habitually admitted or supplied as members without an interval of at least two weeks between their nomination and election as ordinary members or for a subscription of a merely nominal amount; or

  (e ) That the officials and committee of management or governing body or the members are persons of bad character or who follow no lawful occupation and have no lawful means of subsistence; or

  (f ) That the club has been or will be used as the resort of criminals or persons of bad character; or

  (g ) That men or women of bad fame assemble in or frequent the club; or

  (h ) That excisable liquors are sold or supplied for consumption on or off the premises between the hours of two in the morning and ten in the morning.

(5) Section eighty-nine of the Act of 1903 shall be read as if the words “an application with the accompanying documents specified in section seventy-eight, subsection (1), of the Act of 1903, any one of” were substituted for the words “an application for registration.”

(6) This section shall take effect as from the passing of this Act.

9Amendments of 3 Edw. 7. c. 25. ss 5, 16, and 31.

(1) Section five, subsection (9) of the Licensing (Scotland) Act, 1903, shall be amended by the insertion at the end thereof of the words “provided that in the absence of a quorum the chairman of the court or, in his absence, the clerk, may call a further meeting in lieu of the meeting not held.”

(2) Notwithstanding anything contained in section sixteen of the Licensing (Scotland) Act, 1903, it shall be lawful for the licensing court and the licensing appeal court, in any case where there are more than one application for a certificate for the same premises, to hear and consider the said applications together.

(3) Section thirty-one, subsection (2), of the Licensing (Scotland) Act, 1903, shall be amended by substituting the words “until the twenty-eighth day of May or the twenty-eighth day of November following, as the case may be,” for the words “until the next general half-yearly meeting of the licensing court.”

(4) This section shall take effect as from the passing of this Act.

10Sale of exciseable liquors in theatres.

(1) Excisable liquors maybe supplied or sold in a theatre or other place of public entertainment, whether erected before or after the commencement of the Licensing (Scotland) Act, 1903, only on the days on which, and during the hours within which, excisable liquors may be supplied or sold in public-houses within the burgh or county or county licensing district, as the case may be, in which said theatre or other place of public entertainment is situate, and at no other time:

Provided that nothing in this section contained shall authorise any supply or sale of excisable liquors which would otherwise be illegal.

(2) This section shall take effect as from the passing of this Act.

11Sales on order of officials.

(1) Section fifty-five of the Licensing (Scotland) Act, 1903, shall be amended by inserting after “officer of police,” the words “including any constable in charge of any police station,” and after “medical official” the words “or in case of sickness, accident, or emergency by a qualified medical practitioner.”

(2) This section shall take effect as from the passing of this Act.

12Power to close certificated premises in case of riot.

(1) Where any riot or tumult happens, or is expected to happen, the sheriff may order every holder of a certificate for the sale by retail of excisable liquors in or near the place where the riot or tumult happens, or is expected to happen, to close his premises during such time as the order shall require.

(2) If any person keeps open his premises for the sale of excisable liquor during any time at which in pursuance of this section they are ordered to be closed, he shall be liable in respect of each offence to a penalty not exceeding fifty pounds.

(3) This section shall take effect as from the passing of this Act.

13Drunken persons entering public-house.

(1) Any person who is in a state of intoxication, and found attempting to enter any public-house, shall be thereby guilty of an offence, and shall be subject to the same powers and procedure and penalty as provided in the first paragraph of subsection (1) of section seventy of the Licensing (Scotland) Act, 1903 .

(2) This section shall take effect as from the passing of this Act.

14Termination of existing leases, &c.

14. Where any certificate is not renewed in virtue of the provisions of this Act, or of any resolution carried in virtue of said provisions, any lease existing at the first day of June one thousand nine hundred and twelve of the premises referred to and licensed in said certificate, not being a long lease within the meaning of the Registration of Leases (Scotland) Act, 1857, and Acts amending the same, to the holder thereof, or any contract by the said holder existing at the said date for the purchase of excisable liquors, or for service in connection with the sale thereof, shall cease and determine on a non-renewal of
the certificate as aforesaid, as if the date when the certificate was not renewed had been inserted in the lease or contract as the date of its natural termination:

Provided that this section shall not apply in the case of any lease or contract in which there is any provision altering the conditions in the event of the licence not being renewed or any provision enabling the lessee to cause such lease or contract to cease and determine at any time between the first day of June, nineteen hundred and twelve, and the coming into operation of this Act.

15Definitions.

15. The several words and expressions used in this Act shall, unless otherwise provided or unless there be something in the subject or context repugnant to such construction, have the same respective meanings as in the Licensing (Scotland) Act, 1903:
Provided that in this Act—

“Area” means—

a ) in the case of a burgh divided into wards, the population of which burgh within the police boundaries thereof, as ascertained in the year nineteen hundred and nineteen for the purposes of this Act in manner approved by the Secretary for Scotland, is not less than twenty-five thousand, any ward of such burgh unless, where the population of any ward of such burgh as so ascertained is less than four thousand, the town council, by resolution passed on or before the first day of January nineteen hundred and twenty, determine that such ward shall for the purposes of this Act be combined with a ward contiguous thereto; and


b ) In the case of other burghs, the whole burgh; and


c ) in the case of a county, the parish, as defined in the Local Government (Scotland) Act, 1894, excluding any burgh or part of a burgh therein, and where a parish is situated within two counties, the portion in each county shall, for the purposes of this Act, be deemed to be a separate parish:


“Burgh” means a royal, parliamentary, or police burgh:

“County” means a county exclusive of any burgh or part of a burgh comprised therein:

“Certificate” means any certificate for the sale by retail of excisable liquors granted in terms of or under the provisions of the Licensing (Scotland) Act, 1903: Provided that, for the period during which a no-licence resolution is in force in any area, no dealer's licence for the sale of excisable liquor by wholesale shall be granted therein by the Commissioners of Customs and Excise, or by any officer of Customs and Excise, except to brewers of beer for sale, distillers, rectifiers, or compounders of spirits, makers of sweets,

or wholesale dealers in spirits, wine, beer, or sweets for premises for which similar licences have been taken out for twelve months before the date of the poll, including any reconstruction of, addition to, or extension of such premises on the same or an adjoining site, and any premises in substitution for such premises from which the holder of the licence removes without the production of a certificate authorising such sale from the licensing court; which certificate shall be applied for, granted, confirmed, transferred, and renewed in the same manner as though it were a certificate authorising such sale by retail; and provided further that, subject to the variation of conditions prescribed by this Act, the form of certificate for an inn and hotel or for a restaurant granted under section three of this Act shall be, respectively, the first and second form proscribed by the Sixth Schedule of the Licensing (Scotland) Act, 1903:

“Elector” means, in the case of—

a ) a burgh, any person registered as entitled to vote at an election of town councillors for that burgh, and when used in relation to any area in a burgh means a person so registered as entitled to vote at an election for that area; and in the case of—


b ) a parish (excluding any burgh or part of a burgh therein), any person registered as entitled to vote at an election of parish councilors for that parish, excluding as aforesaid: Provided that the supplementary register made up in the year nineteen hundred and nineteen under section twenty-eight of the Local Government (Scotland) Act, 1889, shall continue in operation for the purposes of a poll under this Act in the year nineteen hundred and twenty, and provided further that, for the purposes of a requisition in the year of a triennial election of county councilors before the register of palish council electors is made up, “elector” means any ratepayer within the parish, excluding as aforesaid:


The expression “grant” when used in relation to a certificate includes the grant of a certificate by way of renewal or transfer:

“Local authority” means, in the case of—

a ) a burgh, the town council thereof; and


b ) a county, the county council thereof:


“No-change resolution” means a resolution that the powers and discretion of the licensing court in regard to the grant of certificates or otherwise shall remain unchanged, and in section two as applied to a further poll in any area where a limiting resolution is in force means a continuance resolution.

16Short title and citation.

(1) This Act mary be cited as the Temperance (Scotland) Act, 1913 , and shall apply to Scotland only.

(2) This Act and the Licensing (Scotland) Act, 1903, may be cited together as the Licensing (Scotland) Acts, 1903 to 1913.

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1Expenses of county councils.

(1) The provisions of Part II. of the Tuberculosis Prevention (Ireland) Act, 1908 (in this Act referred to as the principal Act), with respect to the classification of expenses of county councils as establishment expenses and patients' expenses shall cease to have effect, and all expenses of a county council under the principal Act or this Act shall be raised by means of the poor rate, and, as respects the expenses of the council of any county other than a county borough, as a county-at-large charge.
(2) A county council, for the purpose of defraying expenses incurred by them in the execution of the principal Act or this Act in the financial year ending the thirty-first day of March nineteen hundred and thirteen, for the payment of which provision was not made in their estimates for that year, may, subject to the approval of the Local Government Board, borrow money temporarily as for the purposes of section four of the principal Act, or otherwise as the Local Government Board may sanction.
(3) Sections seven and ten of the principal Act shall cease to have effect.
2Contributions by county councils to common hospitals and dispensaries.

(1) The county councils providing a common hospital or dispensary under Part II. of the principal Act shall contribute to the expenses thereof in such proportions as may be agreed upon or, in default of agreement, in such proportions as may be determined by the Local Government Board.
(2) Section nine of the principal Act shall cease to have effect.
3Transfer to county councils of hospitals provided under the Public Health Acts.

(1) Any joint board constituted under the Public Health (Ireland) Acts, 1878 to 1907, for the provision of a hospital for the treatment of consumptives, may, with the consent of the Local Government Board, enter into and carry into effect an agreement for the transfer of the hospital and the property held or used in connexion therewith to the council of any county or to the councils of any two or more counties jointly for the purposes of Part II. of the principal Act, and the Local Government Board may, after due inquiry, make under their seal such orders as may be necessary to enable the agreement to be carried into effect.
(2) An order of the Local Government Board under this section may, amongst other things, provide for the dissolution of the joint board, and the repeal or amendment of any provisional order relating to that board, and may apportion and adjust any property, income, debts, liabilities, and expenses of any area or authority affected by the transfer, and shall contain such consequential provisions with respect to the settlement of differences, payment of sums, and otherwise as to the Local Government Board may seem necessary.
(3) For the purpose of paying any sum in pursuance of an order under this section, a local authority may borrow, in the case of a county council as for the purposes of section four of the principal Act, and, in the case of the council of any county district, as for the purposes of the Public Health (Ireland) Acts, 1878 to 1907.
(4) The provisions of any order made under this section shall have effect as if enacted in this Act.
4Persons who may be received in county council hospitals.

4. It is hereby declared that a person suffering from tuberculosis may be admitted to and maintained and treated in any hospital provided under Part II. of the principal Act, notwithstanding that he is not an inhabitant of a county the council of which has provided or has joined in providing the hospital.
5Sites for hospitals and dispensaries.

(1) The Local Government Board may place any land vested in them at the disposal of a county council as a site for a hospital or dispensary to be provided under Part II. of the principal Act, and may convey the land to the county council for that purpose upon such terms and conditions as they think proper.

(2) Before any land is dealt with under this section the Local Government Board shall give public notice by advertisement in the locality in which the land is situate, and, if objection in writing is made to the proposal by any person interested in the land, the land shall not be placed at the disposal of a county council unless a public inquiry has been held in the locality in which the land is situate and the person holding such inquiry reports to the Local Government Board in favour of the land being so dealt with.

6Repeal, short title, and construction.

(1) The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.

(2) This Act shall be construed as one with the principal Act, and may be cited as the TuberculosisPrevention (Ireland) Act, 1913 ; and this Act and the principal Act may be cited together as the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913.

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