"Interest in the same shall be of the yearly Value of Ten Pounds

10 "

66

c. 76.

Sect. 1.

or upwards:" And whereas by another Act passed in the Third and Fourth Years of His said late Majesty, intituled "An Act to 3 & 4 W. 4. "alter and amend the Laws for the Election of the Magistrates and 5" Councils of the Royal Burghs in Scotland," it is thereby, inter alia, enacted, "that from and after the Period when this Act shall "come into operation, the Right of electing the Town Councils in "all such Burghs respectively (except in those contained in Schedule (F.) to this Act annexed,) shall be in and belong to all such Persons, and to such only (except as herein-after excepted) as "are or shall be qualified, as Owners or Occupants of Premises with"in the Royalty, whether original or extended, of any such Burgh, "to vote in the Election of a Member of Parliament for such Burgh by virtue of an Act passed in the Second and Third Year of 15" the Reign of His Majesty King William the Fourth, intituled An "Act to amend the Representation of the People of Scotland,' and "as are duly registered as such Voters in the Registers by the said "recited Act appointed to be kept, and also in all such Persons who are possessed of the Qualification described in the said recited Act, 20" in respect of the Property or Occupancy of any House or other Subject therein described of the Value thereby required, within the Royalty of any Royal Burgh not now entitled to send Members to "Parliament; provided always, that all such Electors who may "be qualified as herein-before provided shall have resided for Six 25" Calendar Months next previous to the last Day of June in this and "all future Years within the Royalty of such Burgh, or within Seven "Statute Miles from some Part thereof; provided also, that no Person "shall be entitled to vote who has been in the Receipt of Parochial "Relief, or who has been a Pensioner of any Corporation, within 30 "Twelve Months of any such annual Election, or for any Burgh of "which he may have been Town Clerk at the Time of such Election, or at making up the List of Electors with a view to such Election:" And whereas by another Act passed in the Seventh and Eighth Years of the Reign of Her present Majesty, intituled "An Act to 7 & 8 Viet. 35" improve Prisons and Prison Discipline in Scotland," it is enacted, c. 34. "that the Limits and Boundaries of the said Burghs shall for the Purposes of this Act be taken and held to be according to the Description and Specification of such Limits and Boundaries deter"mined by an Act passed in the Second and Third Years of the Reign of His late Majesty King William the Fourth, intituled "An Act to amend the Representation of the People in Scot'land':" And whereas by another Act passed in the Thirteenth and Fourteenth Years of the Reign of Her present Majesty, intituled "An Act to make more effectual Provision for regulating the 13 & 14 Vict. 45" Police of Towns and populous Places in Scotland, and for paving, "draining,

40"

910.

A 2

Sect. 57.

c. 33.

Sect. 3.

Sect. 38.

Excluded Parts of ancient

66

66

draining, cleansing, lighting, and improving the same," it is thereby enacted, inter alia, "that the Boundaries of such Burghs and "Towns as send or contribute to send a Member or Members to "Parliament shall for the Purposes of this Act be the same as the "Boundaries which are fixed by an Act passed in the Second and 5 "Third Year of the Reign of His late Majesty King William the "Fourth, intituled An Act to amend the Representation of the People "'in Scotland';" and by the said Act it is further enacted, "that "where the Powers and Provisions of this Act shall be in whole or "in part adopted in any Royal or Parliamentary Burgh having 10 Magistrates and Councils, the Magistrates and Councils of such Burgh for the Time being shall be the Commissioners for carrying "this Act or such Part thereof as shall be adopted into operation as "regards such Burgh, and no special Election of Commissioners of "Police or Magistrates of Police for such Burgh shall take place 15 "under this Act; and the Magistrates of such Burgh shall be the Magistrates of Police thereof, and shall have all the Powers, Privileges, and Jurisdictions of Magistrates of Police under this Act:" And whereas the Limits and Boundaries of the Cities, Burghs, and Towns set forth and defined in the said first-recited Act in some 20 Cases exclude or cut off from the Royalty of such Burghs certain Parts of the ancient Royalty thereof, and in others annex or add to such ancient Royalty Parts of the Territory adjacent thereto, and in consequence thereof, and of the said Enactments of the Statute secondly above recited, many Owners and Occupiers of Premises 25 situated in Parts which have been so excluded from or annexed to the Royalty of such Burghs as aforesaid, although duly qualified in all other respects, are debarred from the Right of electing the Town Councils in such Burghs, whilst they are subjected to Taxation by and to the Jurisdiction of such Town Councils: And whereas the Fact 30 of such Persons as aforesaid being debarred from the aforesaid Right has occasioned much Inconvenience, and their being so debarred is contrary to Justice as well as to the ancient free Constitution of the Royal Burghs of Scotland: For Remedy thereof be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent 35 of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by Authority of the same, as follows:

I. In those Burghs whereof any Part of the ancient Royalty is beyond the Parliamentary Boundary of such Burgh, as defined by the said first-recited Act, such excluded Part of such Royalty, along with 40 be included. the Property contained within such Parliamentary Boundaries, shall form One Burgh for the Purposes of this Act.

Royalty to

Added Parts

to form One Burgh with

II. In those Burghs where Parts of the adjacent Territory have been added to the ancient Royalty thereof by the said first-recited

Act,

Act, such annexed Territory, along with such ancient Royalty, shall ancient form One Burgh for the Purposes of this Act.

Royalties.

gistrates.

III. The Right of electing the Magistrates and Councillors in the Right of Royal Burghs of Scotland, as now defined by this Act, shall belong electing Ma5 to and be vested in those Parties only who bonâ fide carry on Business in such Burghs in Premises of the annual Value of Ten Pounds Sterling, or who are resident therein and possessed of the same Qualification as are now required in Electors under the said Act, anything in the said recited Acts to the contrary notwithstanding.

10

trates.

IV. In every Royal Burgh as defined by this Act, the Magistrates Jurisdiction and Councils shall have and possess the same Rights and Powers over of Magisthe whole Territory and Inhabitants thereof, and shall have all such and the like Jurisdiction, civil and criminal, as the Magistrates, Councillors, or Dean of Guild of any Royal Burgh now have by the Law 15 of Scotland within such Burgh.

of Voters.

V. In all Royal Burghs in which Part of the ancient Royalty was Enrolment excluded from the Limits and Boundaries of the Burgh, as defined by the said first-recited Act, the Parties qualified under this Act and the before-recited Acts in respect of Property situated in such Part of said 20 Royalty shall, in order to have their Names placed on the Roll of Voters entitled to elect Magistrates and Councillors for such Burghs, follow and adopt the Provisions and Directions contained in the said second-recited Act, as to the Enrolment of Voters under the said Act in the Case of Burghs having no Parliamentary Register.

25

30

of General

VI. Where the said last-recited Act, or the Act passed in the Third Extension and Fourth Year of the Reign of His said late Majesty King William Police Act. the Fourth, intituled "An Act to enable Burghs in Scotland to esta"blish a general System of Police," or the Act passed in the Tenth and Eleventh Year of the Reign of Her present Majesty, intituled "An "Act to amend an Act to enable Burghs in Scotland to establish a

general System of Police," &c., has been adopted in whole or in part prior to the passing of this Act in any of the Royal Burghs of Scotland, the whole Powers and Provisions thereof shall apply to and extend over such Burghs according to the Boundaries thereof as 35 herein defined: Provided always, that in all Burghs to which the said Acts are by this Act extended, the Inhabitants thereof and Property therein not formerly assessed shall not be liable to or chargeable with any Assessment for Work or Expense incurred in such Burghs prior to the Date hereof: Provided also, that where the said last-recited Act 40 shall be adopted after the passing hereof, in any of the Royal Burghs of Scotland, the Boundaries of such Royal Burghs shall be taken and held to be as herein defined. 910.

VII. Nothing

Tenure of
Property

not to be
affected.

Lists of Electors to be made up.

Repeal of former Enactments.

VII. Nothing herein contained shall in any way alter or affect the
Tenure of Real Property situated within the Limits of any Royal
Burgh as defined by this Act, or subject the Inhabitants thereof or
Property therein to Taxation for any Debts, either Principal or Interest,
for which they were not legally liable prior to the Date hereof.

5

VIII. The List of Electors which the Town Clerks of the Royal
Burghs of Scotland are directed by the second-recited Act to make
up annually, shall be so made up as at the Date when the Appeal
Courts provided by the said first-recited Act shall have closed their
Sittings, instead of at the Sixteenth Day of September as at present 10

in use.

IX. The said recited Acts, in so far as the same are at variance or
inconsistent with anything herein contained, are and shall be repealed,
in so far as they relate to the Election of Magistrates and Councillors
in Royal Burghs as now herein defined; the said Acts in so far as they 15
relate to the other Purposes for which they were originally enacted
shall remain in full Force and Effect, anything contained to the

contrary notwithstanding,

herein

ARRANGEMENT OF CLAUSES.

This Act may be adopted in Royal Burghs having Harbours not under Local Acts; Sect. 1.

Interpretation of Terms; 2.

Short Title; 3.

The Lands Clauses Consolidation (Scotland) Act, and the Harbours, Docks, and Piers Clauses Act, incorporated with this Act; 4, 5. Interpretation of Expressions in the incorporated Acts; 6.

Town Council may resolve that this Act shall be adopted, and such Resolution shall be published; 7.

If Resolution approved of at a Second Meeting, this Act to be adopted, and Minute to be registered in Sheriff Court Books; 8.

Appeal to the Board of Trade; 9.

Act may be earlier adopted in certain Cases; 10.

If Act not adopted, Two Years to elapse before Consideration again had; 11.

Schedule of Rates to be prepared and published; 12.

A Copy of the Schedule and a Statement as to the Harbour to be sent to the Admiralty and the Board of Trade; 13.

Board of Trade to consider and finally adjust the Schedule; 14. Exclusive Privileges of Burgesses abolished, and Rates to be charged equally; 15.

Accounts and Statement of the Revenue of the Harbour to be sent to the Sheriff Clerk annually; 16.

Increase of Revenue to be applied in extending and improving the Harbour; 17.

Town Council may borrow Money on the Security of the Rates;

18.

Bonds and Assignations may be granted for Sums borrowed or advanced; 19.

Bonds and Assignations may be transferred by Indorsation; 20.
Town Council may apply for a further Increase of Rates; 21.