As to Scotland, When on any petition for sequestration a deliverance has been pronounced awarding sequestration of his estate, from and after the date of such deliverance. As to Ireland, When on any petition of bankruptcy he has been adjudged by the Court of Bankruptcy and Insolvency in Ireland to be a bankrupt, from and after the date of the adjudication; or when he has filed a petition for an arrangement with his creditors under the superintendence of the said court, from and after the date of filing such petition. S. 3 in part rep. 46 & 47 Vict. c. 52, s. 169. 4. RESTITUTION OF PEER TO PRIVILEGES ON DETERMINATION OF BANKRUPTCY.—A peer who has become a bankrupt, in the event of his bankruptcy being determined as herein-after mentioned, shall from and after the date of such determination, if otherwise entitled, be qualified to sit and vote in the House of Lords, or in any Committee thereof, and if a peer of Scotland or Ireland to be elected to sit and vote in the House of Lords, and when so elected to sit and vote in that House. For the purposes of this Act, a bankruptcy shall be deemed to be determined, Where an order has been made adjudging a peer to be a bankrupt, if such order is annulled on the ground that the person against whom the order is made ought never to have been adjudged a bankrupt. As to Scotland, Where a deliverance has been pronounced awarding sequestration of a peer's estate, if the sequestration is recalled on the ground that his estate ought never to have been sequestrated. Also as to the United Kingdom,— Where such bankrupt has been duly discharged, either by actual payment or satisfaction, or in the mode prescribed by the respective statutes in force in that behalf, from all debts and liabilities due at his bankruptcy from which he can be so discharged; and when he shall further satisfy the House that he is also discharged from the debts and liabilities (if any) to which he was liable at the date of his bankruptcy, and which are specially excepted from the operation of his discharge under the said statutes. S. 4 in part rep. 46 & 47 Vict. c. 52, s. 169. 5. VACANCY IN SEAT OF REPRESENTATIVE PEER.-The seat of a representative peer for Scotland or Ireland shall, unless his bankruptcy be determined within one year after the date of his becoming a bankrupt, be vacated at the expiration of the year, and a new election be held to fill the vacancy. 6. PENALTY For disqualifiED PERSON SITTING OR VOTING IN THE HOUSE OF LORDS. -If any person disqualified by this Act from sitting and voting in the House of Lords sits or votes or attempts to sit or vote in that House, or in any Committee thereof, he shall be guilty of a breach of privilege, and be dealt with as the House of Lords may direct. 7. CERTIFICATE OF BANKRUPTCY OF PEER.-Where a peer becomes a bankrupt within the meaning of this Act, the court having jurisdiction in respect of such bankruptcy shall cause the fact of such peer having become bankrupt to be certified to the Speaker of the House of Lords and the Clerk of the Crown in Chancery, and the Speaker shall, as soon as conveniently may be, inform the House of such certificate, and a record of such certificate shall be entered in the journals of the House. 8. PROHIBITION OF WRIT OF SUMMONS.-A writ of summons shall not be issued to any peer for the time being disqualified from sitting or voting in the House of Lords. 9. TO WHOM THIS ACT SHALL APPLY.-This Act shall apply To any person who becomes bankrupt, and subsequently succeeds to a peerage, whose bankruptcy has not determined at the time of his so succeeding in the same manner as if he had been a peer at the date of his becoming bankrupt; also To any person who has become bankrupt before the time of the passing of this Act, and whose bankruptcy has not determined at such time in the same manner as if his bankruptcy had occurred immediately after the passing of this Act. 10. SAVING CLAUSE.-Nothing in this Act contained (1.) Shall, except as herein expressly provided, deprive any peer of any privileges to which he may be entitled in right of his peerage; or (2.) Shall qualify any person to be elected to or sit or vote in the House of Commons who would not have been so qualified if this Act had not passed. 11. DEFINITION OF "PEER." "Peer" shall mean and include a peer of the United Kingdom or of any part of the United Kingdom, or any other Lord of Parliament. CHAPTER LIII. THE ECCLESIASTICAL TITLES ACT, 1871 (Short Titles Act, 1896). AN ACT to repeal an Act for preventing the assumption of certain Ecclesiastical Titles in respect of places in the United Kingdom. [24th July 1871.] Whereas by an Act passed in the session of Parliament held in the fourteenth and fifteenth years of the reign of Her Majesty, chapter sixty, intituled, "An Act to "prevent the assumption of certain Ecclesiastical Titles in respect of places in the "United Kingdom," certain enactments were made prohibiting under penalties the assumption of the title of archbishop or bishop of a pretended province or diocese, or archbishop or bishop of a city, place, or territory, or dean of any pretended deanery in England or Ireland, not being the see, province, or diocese of an archbishop or bishop or deanery of any dean recognised by law : And whereas no ecclesiastical title of honour or dignity derived from any see, province, diocese, or deanery recognised by law, or from any city, town, place, or territory within this realm, can be validly created, nor can any such see, province, diocese, or deanery be validly created, nor can any pre-eminence or coercive power be conferred otherwise than under the authority and by the favour of Her Majesty, her heirs and successors, and according to the laws of this realm; but it is not expedient to impose penalties upon those ministers of religion who may, as among the members of the several religious bodies to which they respectively belong, be designated by distinctions regarded as titles of office, although such designation may be connected with the name of some town or place within the realm: 1. 14 & 15 VICT. c. 60 REPEALED.-The said Act of the session of Parliament held in the fourteenth and fifteenth years of the reign of Her Majesty, chapter sixty, shall be and the same is hereby repealed: Provided that such repeal shall not nor shall anything in this Act contained be deemed in any way to authorize or sanction the conferring or attempting to confer any rank, title, or precedence, authority, or jurisdiction on or over any subject of this realm by any person or persons in or out of this realm, other than the Sovereign thereof. CHAPTER LV. THE CRIMINAL AND DANGEROUS LUNATICS (SCOTLAND) AMENDMENT ACT, 1871. (Sect. 1.) AN ACT to amend the Law relating to Criminal and Dangerous Lunatics in Scotland. [Preamble.] [24th July 1871.] 1. SHORT TITLE.-This Act may be cited for all purposes as "The Criminal and "Dangerous Lunatics (Scotland) Amendment Act, 1871.' 2. DISPOSAL OF PERSONS ON INDICTMENT PLACED AT HER MAJESTY'S ORDER.—When in terms of the Lunacy (Scotland) Act, 1857, any person having been charged under indictment or criminal letters shall be ordered by the court to be kept in custody until Her Majesty's pleasure shall be known, any order which Her Majesty shall be pleased to issue in relation to the custody of such person may be renewed and varied from time to time, and it shall be lawful for Her Majesty, by an order under the hand of a Principal Secretary of State, to authorize, on such terms and conditions as shall be specified in the order, the liberation from custody in prison or elsewhere of any person who has been ordered to be kept in custody as aforesaid; and if any of the conditions of such liberation are broken, any Principal Secretary of State may, by warrant to be executed by any sheriff officer or by any officer of the General Prison at Perth to whom such warrant is delivered, direct such person to be taken into custody, and to be conveyed to the place in which he was detained at the time of his liberation, or to any other place to which he might have been removed if no order for his liberation had been given; and any person so taken into custody shall revert in all respects to the same position as he was in at the time when the order for his liberation was given, and shall be subject to be detained accordingly. [S. 3 is personal.] 4. RELIEF OF LUNATIC DEPARTMENT IN GENERAL PRISON FROM OVERCROWDING.— When in relation to any insane prisoner in the General Prison at Perth it is certified, on soul and conscience, by two medical persons that they have visited and examined such prisoner, and that in their opinion he is insane, but that his insanity is of a kind which can be properly treated in a lunatic asylum, it shall be lawful for one of Her Majesty's Principal Secretaries of State, by a writing under his hand, to order that such prisoner be removed to any district asylum, or to any chartered or licensed asylum in which pauper lunatics are maintained in terms of any contract for such maintenance; and the managers or other administrators of the asylum named in the order shall, unless it be certified by Her Majesty's Commissioners in Lunacy that there is not sufficient accommodation at their disposal, be bound to provide for the reception of the prisoner named therein, and for his detention and maintenance, so long as he may be legally detained in such asylum; and if such prisoner be under a sentence which has not expired, the amount to be paid for his detention and maintenance until the expiry of his sentence shall be fixed by Her Majesty's Commissioners in Lunacy, and the same when so fixed, may be charged in the accounts for the maintenance of the General Prison at Perth; and if such prisoner be not undergoing any sentence, section seventyseven of the Lunacy (Scotland) Act, 1857, relating to the expense of the maintenance of lunatics, and all the provisions of the said Act, and of any Act amending the same relating to the expense of the maintenance of lunatics in Scotland, shall apply to such prisoner while detained in a lunatic asylum upon an order made under the provisions of this Act: Provided that in the case of chartered asylums or licensed private asylums the consent of the managers or other administrators thereof, both as to the reception of any such person and as to the rate of board, shall be previously had and obtained without prejudice always to existing contracts. 5. REMOVALS TO AND FROM GENERAL PRISON.-Any insane prisoner who has been removed from the general prison shall be conveyed back thereto on any order to that effect being issued under the hand of one of Her Majesty's Principal Secretaries of State, and all orders for removal whether from or to the general prison in terms of this Act, shall be directed to the governor of the general prison, who shall be responsible for the execution of the same. 6. DISPOSAL OF PERSONS BECOMING INSANE IN LOCAL PRISONS.-When in relation to any person confined in a local prison in terms of the Prisons (Scotland) Administration Act, 1860, it is certified, on soul and conscience, by two medical persons that they have visited and examined such prisoner, and that in their opinion he is insane, it shall be lawful for the sheriff, on summary application at the instance of the administrators of such prison, by a warrant under his hand, to order such prisoner to be removed to a lunatic asylum; and if the asylum named in such warrant be a district asylum, or a chartered or licensed asylum in which pauper lunatics are maintained in terms of any contract for such maintenance, the managers or other administrators thereof shall, unless it be certified by Her Majesty's Commissioners in Lunacy that there is not sufficient accommodation at their disposal, be bound to provide for the reception of such prisoner, and for his detention and maintenance for the period during which he would have been liable to detention in such prison had he not been so removed; and the amount to be paid for the removal of such prisoner to an asylum, and for detention therein, shall be charged against the assessment for current expenses under the administration of the Prison Board of the county in which the offence wherewith such prisoner is charged was committed, and in case of dispute the amount of such payment. shall be fixed by Her Majesty's Commissioners in Lunacy: Provided, that in the case of chartered asylums or licensed private asylums the consent of the managers or other administrators thereof, both as to the reception of any such person and as to the rate of board, shall be previously had and obtained without prejudice always to existing contracts. 7. PERSONS IN CUSTODY MAY BE RECONVEYED TO PRISONS FROM WHICH THEY HAVE BEEN REMOVED.—The sheriff of the county in which the prison from which any person has been so removed is situate may, by a warrant under his hand, order such person to be reconveyed to the prison from which he was so removed; and any warrant under the hand of a sheriff in terms of this Act shall be valid, and may be put in force either within the county of such sheriff's jurisdiction or elsewhere in Scotland; and for the purposes of this Act, the term "sheriff" shall include "sheriff substitute." 8. REMOVAL OF DOUBTS AS TO APPLICATION TO PAUPERS OF PROVISIONS FOR DANGEROUS LUNATICS. For the removal of certain doubts in the Lunacy (Scotland) Act, 1862, the provisions therein concerning lunatics charged with assault or other offence inferring danger to the lieges or found in a state threatening danger to the lieges, or in a state offensive to public decency, shall not be limited to pauper lunatics, but shall apply to any person so charged or found, although he may not, by receiving parochial relief, or in any other form, come within the definition of a pauper, and the powers conferred upon Her Majesty's Commissioners in Lunacy of removal or transfer of any lunatic from any asylum in which he is detained to any other asylum shall apply to such lunatic. CHAPTER LVI. THE DOGS ACT, 1871. (Sect. 7.) AN ACT to provide further Protection against Dogs. [Preamble.] [24th July 1871.] 1. STRAY DOGS MAY BE DETAINED AND SOLD OR DESTROYED.-Any police officer or constable may take possession of any dog that he has reason to suppose to be savage or dangerous straying on any highway, and not under the control of any person, and may detain such dog until the owner has claimed the same, and paid all expenses incurred by reason of such detention. Where the owner of any dog taken possession of by any constable is known, a letter, stating the fact of such dog having been taken possession of, shall be sent by post or otherwise to the owner at his usual or last known place of abode. When any dog taken in pursuance of this Act has been detained for three clear days where the owner is not known as aforesaid, or for five clear days where he is so known, without the owner claiming the same, and paying all expenses incurred by its detention, the chief officer of police of the district in which such dog was found may cause such dog to be sold or destroyed. Any moneys arising from the sale of any dogs in pursuance of this section shall be paid to the account of the local rate, and be applied to the purposes to which that rate is applicable. All dogs detained under this section shall be properly fed and maintained at the expense of the local rate. 2. DANGEROUS DOGS MAY BE DESTROYED.-Any court of summary jurisdiction may take cognizance of a complaint that a dog is dangerous, and not kept under proper control, and if it appears to the court having cognizance of such complaint that such dog is dangerous, the court may make an order in a summary way directing the dog to be kept by the owner under proper control or destroyed, and any person failing to comply with such order shall be liable to a penalty not exceeding twenty shillings for every day during which he fails to comply with such order. 3. RESTRICTION UPON DOGS BEING AT LARGE IF DANGER FROM MAD DOGS IS APPREHENDED. The local authority may, if a mad dog or a dog suspected of being mad is found within their jurisdiction, make, and when made, vary or revoke, an order placing such restrictions as they think expedient on all dogs not being under the control of any person during such period as may be prescribed in such order throughout the whole of their jurisdiction, or such part thereof as may be prescribed in such order. Any person who acts in contravention of any order made in pursuance of this section shall be liable to a penalty not exceeding twenty shillings. Due notice of such order shall be published, at the expense of the local rate. The provisions in this Act contained as to the detention and sale or destruction of dogs found straying on the highway shall apply to dogs found at large in contravention of any order made in pursuance of this section. 4. PENALTY HOW TO BE RECOVERED. Any penalty under this Act may be recovered in manner provided by the Summary Jurisdiction Acts. S. 4 in part rep. 56 & 57 Vict. c. 54 (S.L.R.). 5. DEFINITION OF TERMS.-In this Act, For the purposes of this Act and in reference to the districts mentioned in the first column of the schedule annexed hereto, "local authority" and "local rate" mean the bodies of persons mentioned in the second column and the rate mentioned in the third column of the said schedule: "Court of summary jurisdiction" means in Scotland, any justice or justices of the peace, sheriff or sheriff substitute, police or other magistrate, or officer, by whatever name called, to whom jurisdiction is given, or proceedings before whom may be regulated, by the Summary Jurisdiction Acts or any Acts therein referred to: The expression "police district" means, In England, 1. The city of London and the liberties thereof; 3. Any county, riding, part, division, or liberty of a county, borough, city, In Scotland, Any area maintaining a separate police force, and all the police under one chief constable shall be deemed to constitute one force for the purposes of this definition : In Ireland, 1. The police district of Dublin metropolis; 2. Any district, whether city, town, or country, over which is appointed a sub-inspector of the Royal Irish Constabulary: The expression "chief officer of police" means, In England, 1. In the city of London and the liberties thereof, the Commissioner of City Police ; 2. In the metropolitan police district, the Commissioner of Police of the Metropolis; 3. Elsewhere, the chief constable, or head constable, or other officer, by whatever name called, having the chief command of the police in the police district in reference to which such expression occurs: In Scotland, The chief constable, superintendent of police, or other officer, by whatever name called, having the chief command of the police in the police district in reference to which such expression occurs: In Ireland, 1. In the police district of Dublin metropolis, either of the commissioners of police for the said district; |