Recovery of Sums ordered to be paid. Contribution how to be en land. Youthful Offenders. by such Order may be directed to the Person so authorized to take Proceedings as aforesaid, or to such Person as the Secretary of State may from Time to Time appoint to receive the same, and by him to be accounted for and paid as the Commissioners of Her Majesty's Treasury may direct. III. In case Default be made for the Space of Fourteen Days in Payment of any Sum of Money which may have become payable by such Parent or Step-Parent under such Order, such Sum of Money shall in every such Case be levied upon the Goods and Chattels of the Defendant by Distress and Sale thereof; and if it shall appear to the said Justices on Confession of Defendants or otherwise, or if it shall be returned to the Warrant of Distress in any such Case that no sufficient Goods of the Party against whom such Warrant shall have been issued can be found, it shall be lawful for the Justice to whom such Return is made, or for any other Justice of the Peace for the same County, Riding, Division, Liberty, City, Borough, or Place, by his Warrant as aforesaid, to commit the Defendant to the House of Correction or Common Gaol for any Term not exceeding Ten Days, unless the Sum to be paid, and all Costs and Charges of the Distress, and of the Commitment and conveying of the Defendant to Prison, (the Amount thereof being ascertained and stated in such Commitment,) shall be sooner paid. IV. Ín Scotland an Action for Payment of Sums for the Support and Maintenance of a Juvenile Offender under the said Act forced in Scot- shall and may be raised before the Sheriff or any Two Justices of the Peace within the County in which Sentence was passed on the Offender, or in which the Defender in such Action may happen to reside; and such Action shall and may be brought by the Procurator Fiscal of the Sheriff Court of such County, and by no one else; and it shall be lawful for the Sheriff or Justices before whom such Action is brought to inquire into the Circumstances of the Party sued, and to decern for Payment of such weekly Sum not exceeding Five Shillings per Week during the Period of Detention of such Offender as he or they shall think fit, or, in his or their Discretion, to dismiss the Action; and such Decree for Payment of a weekly Sum shall be held to be and have all the Effect of a Decree in each Week for Payment of the Sum ordered to be paid for such Week; and the Sums recovered shall be accounted for and paid as the Commissioners of Her Majesty's Treasury may direct. Payments may In Scotland Justices to have same Power with Sheriff. V. It shall be lawful for One of Her Majesty's Principal Secretaries of State, or in Scotland for the Lord Advocate, from Time to Time, where such Secretary of State or Lord Advocate shall in his Discretion think fit, to remit all or any Part of any weekly Payment which may have been made payable by any Order under this Act. VI. In Scotland any Two or more Justices of the Peace shall within the Bounds of their Jurisdiction have the same Powers as are by the said recited Act conferred on any Sheriff, Magistrate of a Burgh, or Police Magistrate. Youthful Offenders. Dwelling Houses (Scotland). Sheriffs, &c. un der 17 & 18 Vict, c. 74. may be exercised by Justices. VII. And whereas by the Act of the last Session of Parlia- Powers givento ment, Chapter Seventy-four, intituled An Act to render Reformatory and Industrial Schools in Scotland more available for the Benefit of Vagrant Children, certain Powers are given to be exercised in Scotland by Sheriffs or Magistrates' Be it enacted, That all such Powers may be exercised by any Justice of the Peace in Scotland within the Limits of his Jurisdiction; and the Word "Magistrate" as used in the said last-mentioned Act shall be deemed to include the Words "Justice of the Peace." BE C A P. LXXXVIII. An Act to facilitate the Erection of Dwelling Houses for the Working Classes in Scotland. [14th August 1855.] DE 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: tion. I. When any Four or more Persons associating for the Purpose Persons proof erecting new or improving already existing Dwelling Houses posing to form for the Working Classes in Scotland shall have subscribed the Association for erecting or imAmount of the whole Capital requisite for carrying out the conproving Dwelltemplated Undertaking, and framed a Contract of Copartnery, ing Houses containing Provisions for the Management of the Affairs of the under Act to Association, and Rules for the Upholding and Occupation of the apply to Sheriff Houses, and for letting and granting Tacks of the same, it shall be for his Sanclawful for such Persons to present a Petition to the Sheriff, or if within any of the Burghs as to which it is provided in the Third and Fourth of William the Fourth, Chapter Seventy-six, that the Dean of Guild elected in the Manner mentioned in the said Act should ex officio be a constituent Member of the Town Council, and enjoy the Powers and exercise the Functions theretofore enjoyed and exercised by Deans of Guild, then to such Dean of Guild, praying to have such Contract sanctioned by him and registered as after mentioned, provided that along with such Petition there shall be lodged the Plans and Specifications of the intended Erections or Improvements, and an Estimate of the Cost thereof, including the Cost of the Site and of the Buildings, if any, thereon. his Sanction II. The Sheriff or Dean of Guild, after such Inquiry as he may Sheriff, if satisdeem necessary, if satisfied that the Provisions of the Contract of fied with ConCopartnery and the Rules therein contained, either as originally tract, Plans, &c. framed or as altered or modified at his Sight, are suitable and may interpone proper, and consistent herewith and with Law, and that they and grant Warsufficiently and properly provide for the Upholding, Management, rant for recordand Disposal of the said Dwelling Houses, and also for the Occupa- ing the Contract tion thereof, and securing against over-crowding; and that due and proceeding and sufficient Means are provided in the said Plans and Specifica- with the Undertions for the proper Ventilation, Drainage, and Sewerage of the intended Dwelling Houses and for the Supply of Water thereto, and that the Capital subscribed is sufficient for the Completion of the Undertaking, shall grant Warrant for the Erection or Im provement taking. On Registration, the Members of the As sociation and their Successors to subsist as an Association for the Purposes of the Act, subject to only a limited Liability for Debts, &c. Association may acquire Property and Sheriff may grant Warrant for Erection of additional Dwelling Houses. When Work duly executed Sheriff to de clare so, and till then not lawful to let or dispose of Houses nor transfer Shares. Dwelling Houses (Scotland). provement of the proposed Dwelling Houses, and for registering the said Contract in the Sheriff Court Books or Burgh Court Books respectively, and such Contract shall, on the Production to the Sheriff Clerk or Town Clerk of a Deposit Receipt or Certificate showing that One Half of the subscribed Capital has been paid up and lodged in Bank for the Purposes of the Undertaking, be registered therein accordingly. III. On the Registration of the Contract as aforesaid, the then Shareholders or Members in any such Undertaking, and all succeeding Shareholders or Members, whilst Shareholders or Members, shall subsist as an Association by the Name or Title set forth in the Contract, for the following Purposes, namely, for acquiring, holding, and managing the Property and Effects of the Association in the Name or Title thereof, and for erecting or improving and afterwards upholding the Dwelling Houses described in the Specification and Plans, and for letting or disponing in Tack such Dwelling Houses, and for sueing and being sued, and entering into Contracts in the Name or Title of the Association : Provided always, that the Shareholders or Members of the Association shall be liable for the Debts, Contracts, and Engagements thereof to the Extent only of their Shares in the Capital Stock of the Association, which Capital Stock, with the Dividends allocated to the Shareholders or Members which may be at the Time unpaid, shall be alone liable for the Debts and Engagements of the Association. IV. Any such Association as aforesaid whose Contract may have been registered as herein-before provided, desirous of erecting or of acquiring and improving additional Dwelling Houses for the Purposes aforesaid, may at any Time, and from Time to Time, apply to the Sheriff or Dean of Guild, by Petition, accompanied by Plans, Specifications, and Estimates as herein-before provided in regard to the Dwelling Houses before mentioned, for his Sanction and Warrant for the Erection or Improvement of such additional Dwelling Houses, subject to the Rules and Provisions contained in such Contract; and the Sheriff or Dean of Guild, if satisfied that all the Conditions herein-before required in reference to Dwelling Houses to be erected or improved under the original Application by the Association have been fulfilled in reference to such additional Dwelling Houses, may interpone his Sanction to the Erection or Improvement of such additional Dwelling Houses, and grant his Warrant accordingly, and the aforesaid Provisions in reference to the first-mentioned Dwelling Houses shall be applicable to such additional Dwelling Houses. V. When the Buildings or Improvements set forth in the Plan and Specifications, whether under the original or any subsequent Petition by the Association, shall have been executed, the Sheriff or Dean of Guild shall, on Application by the Association, appoint the Dwelling Houses so erected or improved to be inspected at the Expense of the Association, and if satisfied that these have been duly executed in Terms of the Plans and Specifications, and on Proof that the Property of the said Dwelling Houses has been duly vested in the Association, free from Heritable Debt or Burden other Dwelling Houses (Scotland). other than Feu Duty or Ground Annual, and other Right competent to the Superior or Recipient of the Feu Duty or Ground Annual, he shall pronounce an Interlocutor to that Effect, and until such Interlocutor shall have been pronounced it shall not be lawful for the Association or its Members to dispone in Tack, as after mentioned, any of the Dwelling Houses erected or improved by them, nor to assign or transfer any Share or Shares in such Association. ment lawful except for Purposes of Association or beyond Stock or Rents. VI. It shall not be lawful to nor in the Power of the Association No Engageto enter into any Engagement except for carrying into effect the Objects thereof, nor for that Purpose beyond the Capital subscribed, nor afterwards beyond the Rents derived from Tenants which may be realized at the Time: Provided always, that if the Expense actually incurred in the Erection or Improvement of the said Dwelling Houses shall exceed the estimated Cost, it shall be lawful for the Association, with the Sanction of the Sheriff or Dean of Guild, although not specially provided for in the Contract, to increase their Capital Stock by such Amount as such Sheriff or Dean of Guild shall authorize, and to issue new Shares to the Extent thereof. VII. When the Association shall have made up their Title in Title of Associcommon Form to the Lands, Houses, or other Subjects acquired ation to be efby them, their Infeftment therein, duly recorded, shall constitute fectual in pera valid and effectual Title to them and their Successors in all Renewal of the petuity, without Time to come, without the Necessity of any Renewal of the In- Investiture. vestiture: Provided always, that where no Agreement shall have been made with the Superior for a periodical or other Payment in lieu of the Casualty or Composition payable upon the Entry of Heirs and singular Successors, it shall be lawful for such Superior at the Death of the existing Vassal, and at the Expiration of every Twenty-five Years thereafter, so long as such Property shall be held for the Purposes of such Contract as aforesaid, to demand and take from the Association or their Successors a Sum equal to the yearly Feu Duty over and above the Feu Duty which may at the Time be due. VIII. The Rules anent the disponing in Tack, letting, and Rules in ConOccupation of the said Dwelling Houses contained in the Con- tract to be Real tract registered as aforesaid shall be Real Burdens on and affect- Burdens on the ing the said Houses and other Subjects of the Association, and Property. shall be in all Time coming binding upon the Association, and all Parties in their Right, and upon every Owner and Occupant of the said Dwelling Houses, and it shall be competent to the Association, or the Procurator Fiscal, or the Owner or Occupant of any of the Lots or Portions of the Buildings, to enforce Observance of such Rules against any Party infringing or not implementing the same by summary Process before the Judge Ordinary of the Bounds; and the Sheriff and Dean of Guild shall have Power from Time to Time, on the Application of the Association, or of a Majority of the Owners, to alter, amend, and modify such Rules as to him shall seem just, but consistently always with the Provisions of this Act, and all Alterations so made shall be recorded in the Sheriff Court Books or Burgh Court Books, and the Rules Shares deemed Moveable Estate. As to Transfer of Shares. Contract may provide either that Houses may be held and let or that they may be disposed of in separate Lots. Where Lots are provided to be disposed of, the Association to lodge with Sheriff Clerk a Plan and a Register Book for recording Transfers thereof. Dwelling Houses (Scotland). so altered, amended, or modified shall thenceforward be binding and enforcible as aforesaid. IX. All Shares of the subscribed Capital Stock of such Association shall be held to be Moveable or Personal Estate. X. All Transfers of such Shares shall be made and registered in the Manner prescribed by the Contract, provided that every such Transfer shall specify the full and true Purchase Money or Consideration for the same, and shall be duly stamped to denote the Duty chargeable thereon; and the Books in which the Names of the Shareholders, with their Designations and Places of Residence, and the Transfers of Shares are registered or entered, shall be open to Inspection to all Shareholders and others interested at such Times and on such Conditions as may be regulated by the Contract. XI. It shall be provided in such Contract as aforesaid, either that the Buildings erected or improved by the Association shall permanently be held and let by them without Grassums, and for Periods not exceeding Twenty-one Years, and that the Kents, after deducting necessary Expenses, shall always be divided among the Shareholders for the Time being, or that the Association shall have Power, after giving public Notice by Advertisement of its Intention in that Behalf, to dispone to Individuals, in Tack or Rental Rights as herein-after mentioned, separate Lots of the said Dwelling Houses for a Grassum or Price to be paid, together with a yearly Tack Duty which for each Lot shall be at least equal to a Proportion of the Feu Duty or Ground Annual, if any, payable for the Parcel of Ground whereon the Buildings of which such Lot forms a Part are erected, corresponding to the total Number of Lots into which the same may be divided, with Twenty-five per Cent. thereon in addition, and such Tack Duty in all Cases in which the Superior is entitled to a periodical Duplicand of the Feu Duty shall be subject also to Duplication for the Year in which such double Feu Duty is payable to the Superior. XII. In all Cases in which it is provided by the Contract that Lots of the Buildings erected or improved may be so disponed, the Association shall, so soon as the Sheriff or Dean of Guild shall have pronounced an Interlocutor finding the Erection or Improvement of the Dwelling Houses as aforesaid to have been properly executed as herein-before provided, lodge with the Sheriff Clerk or Town Clerk an accurate Plan, on a Scale of not less than an Inch to each Twenty Feet, of such Dwelling Houses, exhibiting distinctly each separate Dwelling with its bounding Divisions, together with the Yard, Court, Garden, Green, or other Pertinents, if any, thereto belonging, and having each such separate Dwelling and Pertinents marked with a distinct Number legibly written or impressed on the said Plan, and also exhibiting any Yard, Court, Green, or other Pertinents which may be common to the Occupants of the Dwelling Houses; and the Sheriff or Dean of Guild, if satisfied of the accuracy of such Plan, and with its Distinctness as clearly exhibiting each separate Dwelling and the Pertinents aforesaid, shall, by a Docquet written thereon, or on each separate Sheet thereof when consisting of separate Sheets not joined toge ther, |
