Page images
PDF
EPUB

BR Doc 650

1880, June 8. Keinot fund.

1875.

SEVEN VOLUMES:-CONTENTS OF THE

SEVENTH VOLUME.

N.B. THE Figures at the beginning of the line, correspond with the N° at the
foot of each Bill; and the Figures at the end of the line, refer to the MS. Paging
of the Volumes arranged for the House of Commons.

[ocr errors]
[ocr errors]
[ocr errors][merged small][merged small][merged small]
[merged small][ocr errors][merged small]
[blocks in formation]
[ocr errors][merged small][ocr errors][ocr errors]

Tramways Orders Confirmation [H.L.]:

220. Bill, intituled, An Act for confirming certain Provisional Orders made by the Board of Trade under the Tramways Act, 1870, relating to the Bristol and Eastern District Tramways and the Manchester Corporation Tramways, p. 279

Tribunals of Commerce :

42. Bill for the establishment of Tribunals of Commerce [not printed]

Turnpike Acts Continuance, &c.:

303

216. Bill to continue certain Turnpike Acts in Great Britain, and to repeal certain other Turnpike Acts, and for other Purposes connected therewith

Turnpike Roads (South Wales):

[ocr errors]

305.

183. Bill for the further Amendment of the Laws relating to Turnpike Roads in South Wales 343

United Parishes (Scotland):

[ocr errors]

201. Bill to amend the Act of the Seventh and Eighth Years of Her Majesty, Chapter Forty-four, relating to the formation of quoad sacra Parishes in Scotland 347

Universities (Scotland) (Degrees to Women).

6. Bill to remove Doubts as to the Powers of the Universities of Scotland to admit Women as Students, and to grant Degrees to Women

Unseaworthy Ships:

[ocr errors]

· 351

274. Bill to make provision for giving further Powers to the Board of Trade for stopping Unseaworthy Ships

[ocr errors]
[merged small][merged small][ocr errors][merged small]

355

359

ކ

218. Bill to provide for the completion of the Distribution of the Sums of Money paid to Her Majesty by the United States of America on account of Awards made by the Commissioners acting under a certain Treaty between Her Majesty and the United States of America

Waste Lands (Ireland):

363

141. Bill to promote the Reclamation of Waste Lands in Ireland

Wild Animals (Scotland) :

✓ 18. Bill to amend the Laws relating to Wild Animals in Scotland

[blocks in formation]
[ocr errors][merged small][merged small][merged small][merged small]

A

BILL

5

10

15

20

25

ΤΟ

Alter and amend the Law relating to Appeals in Summary A.D. 1875. Prosecutions before Inferior Judges in Scotland.

BE

E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited for all purposes as "The Summary Short title. Prosecutions Appeals (Scotland) Act, 1875."

2. In this Act the following terms have the meanings herein Interpretaassigned to them; that is to say,

"Inferior judge" means and includes any sheriff or sheriff
substitute, justice or justices of the peace, or magistrate or
magistrates:

66

Magistrate" means a magistrate of any royal burgh, or of any
burgh returning or contributing to return a member to Parlia-
ment, or of any burgh of regality or barony, and includes any
commissioner of police authorised to act as a judge under any
general or local Police Act:

"Cause" means and includes every summary proceeding for the
prosecution of an offence or recovery of a penalty competent to
be taken before an inferior judge:

"Clerk of court" means the clerk of the court of an inferior
judge, and includes any depute clerk of court or other person
authorised to act, and acting for the time as such clerk of
court:

"The respondent" means and includes any party to a cause other than the party appealing under this Act against the determination thereof by an inferior judge.

tion of terms.

application

3. On an inferior judge hearing and determining any cause, Inferior either party to the cause may, if dissatisfied with the judge's judge on determination as erroneous in point of law, appeal thereagainst by of party

aggrieved to state a case

A.D. 1875. himself or his agent applying in writing within three days after such determination to the inferior judge to state and sign a case, setting forth the facts and the grounds of such determination, for the opinion thereon of a superior court of law as herein-after provided; and on any such application being made, the following 5 provisions shall have effect:

for opinion of superior

court.

1. The appellant shall not be entitled to have a case stated and delivered to him until he shall

(1.) Lodge in the hands of the clerk of court a bond with sufficient cautioner for answering and abiding by the judg- 10 ment of the superior court in the appeal and paying the costs should any be awarded by that court;

(2.) Pay the clerk of court his fees for preparing the case : These fees shall, till the same be otherwise fixed by act of sederunt which the Court of Session is hereby empowered to 15 pass and from time to time thereafter to vary, be those set forth in Schedule D. annexed to this Act:

2. The clerk of court shall prepare the case, and submit the same in draft to the parties or their agents :

3. Should the parties or their agents fail to agree as to the terms 20 of the case, the inferior judge shall settle the same:

4. The case shall be as nearly as may be in the form set forth in Schedule A. annexed to this Act, and shall bear to be stated by the inferior judge and shall be signed by the inferior judge:

25

5. The appellant shall within three days after receiving the case
give notice of his appeal in writing, together with a copy of
the case, to the respondent, and shall within the same time
transmit the case by post to, or cause it to be lodged with one
of the clerks of the superior court, together with a certificate 30
under the hand of his law-agent, of intimation, as herein
required, having been made to the respondent:

6. The clerk of the superior court shall on receiving the case
forthwith lay the same before a judge of the superior court,
and such judge may thereupon, if the appellant is in custody, 35
grant interim liberation upon such conditions as are usual in
cases of suspension and liberation, and may also grant a
sist of execution upon or without caution, or make such
other interim order as the justice of the case may require :
7. The clerk of the superior court shall as soon as may be after 40

receiving the case require the clerk of court to transmit the
process to him, and the clerk of court shall transmit the
process accordingly:

« PreviousContinue »