Accounts,

for Law Business

discharged of all Debts contracted by him before the Date of the
Sequestration, provided a Majority in Number and Four Fifths in
Value of the Creditors who have produced Oaths concur in the
Petition; and the Bankrupt may also present such Petition on the
Expiration of Twelve Months from the Date of the Sequestration, 5
provided a Majority in Number and Two Thirds in Value of the said
Creditors concur in the Petition; and the Bankrupt may also present
such Petition on the Expiration of Eighteen Months from the Date of
the Sequestration, provided a Majority in Number and Value of the
said Creditors concur in the Petition; and the Bankrupt may also 10
present such Petition on the Expiration of Two Years from the
Date of the Sequestration, without any Consents of Creditors; and
the Lord Ordinary or the Sheriff, as the Case may be, shall, in each
of the Cases aforesaid, order the Petition to be intimated in the
Edinburgh Gazette; and if, at the Distance of not less than Twenty- 15
one Days from the Publication of such Intimation, and on Evi-
dence being produced of Concurrence as aforesaid, there be no
Appearance to oppose the same, the Lord Ordinary or the Sheriff,
as the Case may be, shall pronounce a Deliverance finding the
Bankrupt entitled to a Discharge; but if Appearance be made by 20
any of the Creditors, or by the Trustee, the Lord Ordinary or the
Sheriff, as the Case may be, shall judge of any Objections against
granting the Discharge, and shall either find the Bankrupt entitled to
his Discharge, or refuse the Discharge, or defer the Consideration of
the same for such Period as he may think proper, and may annex 25
such Conditions thereto as the Justice of the Case may require :
Provided always, that it shall not be competent for the Bankrupt to
present a Petition for his Discharge, or to obtain any Consent of any
Creditor to such Discharge, until the Trustee shall have prepared a
Report with regard to the Conduct of the Bankrupt, and as to how 30
far he has complied with the Provisions of the Statute, and in
particular whether the Bankrupt has made a fair Discovery and
Surrender of his Estate, and whether he has attended the Diets of
Examination, and whether he has been guilty of any Collusion, and
whether his Bankruptcy has arisen from innocent Misfortunes or 35
Losses in Business, or from culpable or undue Conduct; and such
Report shall be prepared by the Trustee, upon the Requisition of the
Bankrupt, at any Time after the Expiration of Five Months from the
Date of the Sequestration; and such Report shall be produced in the
Proceedings for the Bankrupt's Discharge, and shall be referred to by 40
its Date or by other distinct Reference in any Consent to his
Discharge.

XVII. All Accounts for Law Business incurred by the Trustee shall, before Payment thereof by the Trustee, be submitted for

Taxation

5

to be taxed.

Taxation to the Auditor of the Court of Session, or to the Auditor under Seof the Sheriff Court of the County in which the Bankrupt carried questration on his Business, as may be directed by a General Meeting of the Creditors.

tion Clause.

XVIII. All Words and Expressions used in the said recited Act Interpretaand in this Act shall, in construing this Act, be held to include the Meanings which they respectively include when used in the said recited Act.

Provide for the Purchase and Extinguishment of
all Rights of Common and Lammas and other
Commonable Rights over the Site of Battersea
Park in the County of Surrey.

[Note.-The Words printed in Italics are proposed to be inserted in Committee.]

W

HEREAS under and by virtue of the Enactments, Powers, Preamble. and Provisions contained in the Act of the Ninth and

c. 77.

Tenth Years of Her present Majesty, Chapter Thirty- 9 & 10 Viet. eight, and the Act of the Fourteenth and Fifteenth Years of Her c. 38. 5 present Majesty, Chapter Seventy-seven, the Battersea Park Com- 14 & 15 Vict. missioners were authorized and empowered to purchase and hold divers Lands and Hereditaments specified in a Schedule annexed to the first-mentioned Act, situate in Battersea Fields in the Parish of Saint Mary Battersea in the County of Surrey, for the Purpose of 10 forming a public Park there, to be called Battersea Park, and for other Purposes: And whereas, in pursuance of the Provisions of the said Acts or One of them, certain of the aforesaid Lands and Hereditaments have been purchased and are now vested in the said Battersea Park Commissioners for the Purposes aforesaid, and the 15 said Commissioners purpose from Time to Time hereafter to purchase

535.

such

such further Portions of the aforesaid Lands and Hereditaments as they may consider requisite for the Purposes aforesaid: And whereas by the first-mentioned Act it was amongst other things enacted, that in all Cases where there should be Occasion to cut through, take, or use for the Purposes aforesaid any Part or Parts of any Commons or 5 Waste Grounds or other Lands or Hereditaments which should be charged with or subject to any Right or Rights of Common, whether of Pasture, Turbary, Estover, or Piscary, or other Easements whatsoever, appendant, appurtenant, or in gross, or whether created or subsisting by Grant, Prescription, Custom, or otherwise howsoever, 10 the Conveyance thereof by any Body Politic, Corporate, or Collegiate, or other Person or Persons, having such and the like Estate and Interest of and in the Manor wherein such Lands, Commons, Waste Grounds, or Hereditaments should be situate or (if the same should not be the Waste of any Manor) then having such and the like 15 Estate and Interest of and in the Soil of such Lands, Commons, Wastes, and Hereditaments, as the Body or Bodies Politic, Corporate, or Collegiate, or Persons, who by virtue of the said Act were enabled to sell and convey other Lands and Hereditaments, should be a good and sufficient Conveyance of the Fee Simple and Inheritance of such 20 Waste Grounds or Common or other Lands or Hereditaments for the Purposes aforesaid, as fully and effectually as if every Person having such Right or Rights of Common upon such Common or Waste Ground, Lands, or Hereditaments were seised thereof in Fee Simple in possession, and had joined in and executed such Conveyance, and 25 that the Compensation to be paid for any Right of Common upon any such Common or Waste Ground, Lands, or Hereditaments to be settled in the Manner by the said first-mentioned Act directed should be paid to the Churchwardens of the Parish or respective Parishes in which such Common or Waste Lands should lie, and should be by such 30 Churchwardens applied for such general and public Purposes within such Parishes respectively as a Vestry of such respective Parishes to be convened by such Churchwardens for that Purpose should direct: And whereas the Inhabitants of the said Parish of Saint Mary Battersea, at a Vestry Meeting held on the Eighth Day of July One 35 thousand eight hundred and fifty-two, unanimously resolved that the Churchwardens should be authorized, on the Part of the Parishioners, in respect of their Common Rights, either as Freeholders, Copyholders, or Tenants, or Parishioners, of all the said Lands named in the Schedule to the first-mentioned Act, to accept the Sum of One thousand five 40 hundred Pounds by way of Compensation for the Extinguishment of such and all other Rights over all such said Lands: And whereas it was intended by the said Parishioners that the said Sum of One thousand five hundred Pounds should include the Purchase or Com

pensation