'Edinburgh in the Year Seventeen hundred and seven, in' tituled Act anent Plantation of Kirks and Valuation of Teinds, ' it was, inter alia, enacted, that the Lords of Council and Session shall judge, cognosce, and determine in all Affairs ' and Causes whatsoever which by the Laws and Acts of Parliament of the Kingdom of Scotland were formerly re'ferred to and did pertain and belong to the Jurisdiction and Cognizance of the Commissioners for Plantation of Kirks ' and Valuation of Teinds: And whereas there are several • Parishes in Scotland in which Vicarage Teinds on Fish are ' payable to the Ministers, and form Part of their Stipends; ' and it is expedient that Provision should be made for the Commutation of such Teinds: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

6

1. This Act may be cited for all Purposes as "The Fish Short Title. Teinds (Scotland) Act, 1864."

2. The following Words and Expressions in this Act shall Interpretation

have the Meanings hereby assigned to them:

"Fish Teinds" shall mean the Vicarage Teinds on Fish payable to the Minister of any Parish in Scotland, and forming Part of his Stipend :

"Presbytery" shall mean the Presbytery of the Bounds within which such Parish is situate:

"Sheriff" shall mean the Sheriff of the County in which such Parish is situate, or, in the Case of a Parish situate partly in one County and partly in another, the Sheriff of the County in which the larger Portion of such Parish is situate, and shall include Sheriff Substitute:

"Sheriff Clerk" shall mean the Sheriff Clerk of such County.

of Terms.

3. The Provision in the recited Act of Sixteen hundred and Repeal of Proninety, Chapter Thirty, that Teinds belonging to and possessed vision in Act by Ministers for their Stipends and Provisions may only be of 1690, c. 30. valued, but are not to be sold or bought, shall, as regards Vicarage Teinds on Fish, be and the same is hereby repealed, in so far as inconsistent with the Provisions of this Act, but no further.

commute Fish

4. In any Parish in which there are Fish Teinds it shall Parties intebe lawful for the Minister of the Parish, the Presbytery, and rested may the Persons liable in Payment of Fish Teinds, to enter into Teinds by an Agreement for the Commutation or Redemption of the Agreement. Fish Teinds, and to contract for the Substitution of a Capital

Sum to be raised and invested as herein-after provided.

5. Any Ten Persons liable in the Payment of Fish Teinds, Persons liable or who have paid or have been required to pay Fish Teinds in Fish Teinds may petition within the Period of Twelve Months immediately preceding the Sheriff to call Date of the Application after mentioned, or in any Parish a Meeting. where less than Ten Persons are so liable or have been so required to pay Fish Teinds, then the whole of such Persons

may

Roll of Persons liable in Fish Teinds to be made up

may apply by Petition to the Sheriff to summon a Meeting of the whole Persons resident in the Parish who are liable in Payment of Fish Teinds for the Purpose of taking into consideration the Commutation of the Fish Teinds under the Provisions of this Act.

6. Within Eight Days after the Presentation of such Petition the Sheriff shall pronounce an Order on the Minister of the Parish or the Collector of the Fish Teinds to lodge with the Sheriff Clerk within a Period to be specified in such Order a Roll of the Persons liable or held to be liable in Payment of such Teinds for the Year then current; and after the Roll has been lodged the Sheriff shall direct the same to be printed, and Copies thereof to be affixed for Fourteen Days on the principal Door of the Parish Church and on other public Places within the Parish; and immediately after the Expiry of that Period the Sheriff Clerk shall proceed to revise the Roll, and within Fourteen Days after such Expiry may, on Cause shown, expunge the Name of any Person therefrom, if satisfied that his Name has been erroneously entered therein, but only after giving due Intimation to such Person of the Intention so to do; and the Sheriff Clerk may also, if satisfied that the Name of any Person has been unduly omitted from the Roll, add his Name thereto, and the Roll so revised shall be attested and signed by the Sheriff and Sheriff Clerk, and shall be final and conclusive in regard to all Matters and Things to be done under the Provisions of this Act; and the Roll shall remain in the Custody of the Sheriff Clerk, who shall deliver a Copy thereof to any Person applying for the same, on Payment for such Copy at the Rate of Sixpence for every One hundred Names copied.

7. On the Completion and Attestation of the Roll the Sheriff shall summon a Meeting of the Persons whose Names are entered therein to be held in some convenient Place within the Parish, and shall intimate the Time and Place for holding such Meeting and the Purpose thereof by Advertisement, signed by the Sheriff Clerk, printed Copies of which shall be affixed on the principal Door of the Parish Church and on other public Places within the Parish, as the Sheriff shall direct, at least Eight Days previous to the Day of holding such Meeting, and the Sheriff shall preside thereat; and such Meeting may resolve that the Fish Teinds payable in such Parish shall be commuted under the Provisions of this Act, and may approve of any Deed of Agreement between the Minister of the Parish, the Presbytery, and the Persons liable in Payment of Fish Teinds, which may then be submitted for that Purpose, or may resolve to adjourn to a Second Meeting to be held within Twenty-one Days thereafter, in order to prepare and consider any such Deed of Agreement, or may resolve to submit the Terms of such Commutation to Arbitration; and all Questions arising at such Meeting or adjourned Meeting shall be decided by the Votes of a Majority of the Persons

Persons present thereat, and whose Names are on the Roll, and such Decision shall be binding on all Persons whose Names are on the Roll.

8. If it shall be determined by a Majority of the Persons Meeting may present and voting at such Meeting or adjourned Meeting to resolve to apapprove of such Deed of Agreement, or to enter into a Sub- prove of Agreement, or mission, as herein-after provided, the Meeting or adjourned to enter into a Meeting shall elect Three of their Number to subscribe such Submission. Deed of Agreement or Deed of Submission on behalf of the whole Persons resident in the Parish who are liable in Payment of Fish Teinds, and such Subscription shall bind the whole Persons so liable in all Time coming: Provided that in the event of the Inability by Death or otherwise of any of the Three Persons so elected, the Subscription of the remaining Two shall be as valid and binding as if the Three Persons had subscribed such Deed of Agreement or Deed of Submission.

sole Arbiter

9. In the event of the Majority of the Persons present and Submission to voting at any such Meeting or adjourned Meeting resolving One Person as that a Deed of Submission shall be entered into with the may be entered Minister of the Parish and the Presbytery, for the Purpose into. of having the Fish Teinds commuted, according to the Judgment and Award of One Person as sole Arbiter, such Arbiter shall be chosen and appointed by the Minister of the Parish, the Presbytery, and the Three Persons elected at such Meeting, One Vote being given by the said Three Persons collectively, One Vote by the Minister, and One Vote by the Presbytery.

10. Any Deed of Agreement or Deed of Submission to be Presbytery to entered into by the Presbytery, under the Provisions of this be bound by Signatures of Act, shall be binding on the Presbytery if signed by the Moderator and Moderator and Clerk thereof for the Time being with the Clerk. Authority of the Presbytery.

11. The Arbiter under any such Deed of Submission may Proceedings take all necessary Proceedings, and allow the Parties to lead before Arbiter. Evidence and to be heard viva voce, or to give in Statements in Writing, as he thinks fit; and in his Award he shall fix the Capital Sum to be paid for the Commutation of the Fish Teinds, and the Date at which the same is to be paid, and shall decern for Payment of the Expenses incurred in the Submission; and he may find any of the Parties to the Submission liable in Expenses to any of the other Parties, and may modify the same as he thinks fit; and his Award shall be final and binding on all the Parties to the Submission.

be recorded

12. Within Three Weeks after any Deed of Agreement Agreement or has been completed, or after any Final Award has been Final Award pronounced and issued, under the Provisions of this Act, the in Sheriff same shall be transmitted to the Sheriff Clerk, and shall be Court Books. recorded in the Sheriff Court Books of the County; and all Expenses incurred by the Sheriff Clerk in the Execution of this Act, including reasonable Remuneration for his Trouble (to be fixed by the Sheriff in case of Difference), shall be paid

by

Capital Sum to be raised and invested on Heritable Security.

Payment of Fish Teinds to cease after

by the Persons resident in the Parish who are liable in Payment
of Fish Teinds.
13. The Capital Sum fixed by such Deed of Agreement or
by the Award of the Arbiter shall be raised and provided by
the Persons resident in the Parish who are liable in Payment
of Fish Teinds, and shall, under the Direction of the Sheriff
and of the Procurator and Agent of the Church of Scotland,
be invested on approved Heritable Security, in the Names of
the Moderator and Clerk of the Presbytery and of the Pro-
curator of the said Church, all for the Time being, and their
Successors in Office, as Trustees for the Management of the
said Capital Sum; and the said Trustees shall, after Deduction
of any necessary Expenses, pay over half-yearly the Interest
accruing on the said Capital Sum to the Minister of the Parish for
the Time being, and they may from Time to Time change the said
Security, and re-invest the said Capital Sum on approved Heritable
Security in the Names of the Trustees for the Time being.

14. In any Parish in which the Fish Teinds have been commuted, and the said Capital Sum has been raised and Commutation. invested, under the Provisions of this Act, all Right on the

Part of the Minister of the Parish to collect or receive Fish Teinds, and all Liability for the Payment of Fish Teinds, shall cease and determine from and after the Date of such Deed of Agreement or Award, as the Case may be, or from and after any other Date which may be specified therein respectively, and in all Time coming.

15. Wherever in any Parish where Fish Teinds are payable a Submission has, before the passing of this Act, been entered into by Minis- into by the Minister of such Parish, the Presbytery and those liable in the said Teinds, or Persons authorized to act for them for the Commutation of the said Teinds and for a Settlement of any Arrears of the said Teinds, or for either of such Purposes, and there has been an Award under such Submission finding the Capital Sum for which the said Teinds shall be commuted and the Terms on which such Arrears, if any, shall be settled, then the said Submission and the said Award and the Findings comprised therein shall be held valid and binding on the Parties to the said Submission, and it shall be competent to any of such Parties to lay the said Submission and Award before the Sheriff of the County in which such Parishi is situated, and the Sheriff, after such Intimation as he shall think fit, shall inquire into and determine whether the said Submission has been entered into by the proper Parties or by Persons duly authorized to act for them, and whether the Questions submitted have been ascertained and decided by the said Award; and the said Sheriff shall have Authority to direct the Sheriff Clerk of the said County to engross the said Award in the Sheriff Court Books in the said County, and to fix the Costs of all Proceedings before him, and such Deliverance shall be final and conclusive, and thereupon such Award shall be as binding and effectual as if it had been specially ratified by this Act.

CAP. XXXIV.

An Act for amending the Law relating to Seats in the House of Commons of Persons holding certain Public Offices.

[30th June 1864.] WHEREAS by the Act of the Session of the Twenty- 21 & 22 Vict. first and Twenty-second Years of the Reign of Her c. 106. s. 4.

'present Majesty, Chapter One hundred and six, it is provided that after the Commencement of that Act any Four of Her Majesty's Principal Secretaries of State for the Time being, ' and any Four of the Under Secretaries for the Time being to Her Majesty's Principal Secretaries of State, may sit and ' vote as Members of the House of Commons, but no more 'than Four such Principal Secretaries and not more than 'Four such Under Secretaries shall sit as Members of the House of Commons at the same Time: And whereas it is 'expedient to explain and amend the said Act: And whereas ' similar Provisions are or may be contained in other Acts

6

' now in force or to be hereafter passed with respect to Persons holding other Offices, and it is expedient that the same Rules ' shall be established for all such Cases:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

1. If at any Time when Four of the Under Secretaries for Provision in the Time being to Her Majesty's Principal Secretaries of State case of Person accepting Office are Members of the House of Commons, any other Person, of Under Secrebeing a Member of that House, accepts the Office of Under tary when Four Secretary of State to any of the said Principal Secretaries, the Under SecreElection of such Person shall be and the same is hereby declared to be void, and a Writ shall be issued for a new Election.

taries are

sitting in the

House of

A Member whose Election is so declared to be void (and Commons. also any Person who, not being a Member, holds the Office of Principal Secretary of State or Under Secretary to One of Her Majesty's Principal Secretaries of State,) shall be incapable of being elected or sitting as a Member of the House of Commons during such Time as he holds such Office, and Four other Principal Secretaries or Under Secretaries respectively, as the Case may be, are Members of the House of Commons, but not for any further or longer Period.

Provision in

case of more

2. If at any General Election there are returned as Members to serve in Parliament a greater Number of Persons holding aseretaries the Office of Principal Secretary of State or the Office of Under Under SecreSecretary of State than are permitted by Act of Parliament to taries of State sit and vote in the House of Commons, the Election of such being chosen Persons shall not be invalidated by reason of such Excess; but Election than no One of such Persons shall be capable of sitting or voting in are capable of the House of Commons until the Number of Persons returned sitting.

as Members and holding the same Office as himself is reduced

[No. 22. Price 2d.]

Y

by

at a General