or any portion thereof in or towards payment of entailer's debts, or in or towards payment of any money charged on the fee of such entailed estate under this or any other Act, or in redemption of the land tax affecting such entailed estate, or in permanently improving the same, or in repayment of money already expended in such improvements; and in such case such heir shall apply summarily to the court in manner hereinafter provided, setting forth the amount of the sums proposed to be laid out, and the special purpose to which it is intended to apply the same; and if the court shall be satisfied of the propriety of the proposed application, they shall issue a finding or decree to that effect, and authorising such application; and it shall thereafter be lawful for the heir so applying to lay out such money or any part thereof, according as the court shall have authorised the application of the same, to all or any of the before-mentioned purposes; and if there shall be any surplus of such money after the purposes authorised by the decree of the court shall be fulfilled, the same shall, if more than two hundred pounds, be applied as the whole money would have been applied but for the provisions of this Act, and if less than two hundred pounds shall be paid to the heir of entail in possession of such entailed estate for the time, for his own use and behoof. 1 The words "And be it enacted (that)" are omitted wherever they occur by 54 & 55 Vict. c. 67. 2 See note to sec. 67, Lands Clauses Act, and Law of Rlys. Part IV. chap. v. 3 As to consents given by guardians, see 16 & 17 Vict. c. 94, sec. 18, and 45 & 46 Vict. c. 53, sec. 12. XXXI. Guardians may consent for minors.-Unless where inconsistent with any other provisions of this Act, it shall be competent for the Court. of Session, where any heir of entail whose consent is required under this Act shall be under age, or subject to any legal incapacity, to appoint, in the course of any application to which such consent is required, a separate tutor ad litem, or curator ad litem, or curator bonis, or other guardian, to each such party; and such tutor ad litem, or curator ad litem, or curator bonis, or other guardian, being so appointed by the court, shall be charged with the interest of such party in reference to such application, and shall be entitled, with or without consideration, to act and to give consent on the behalf of such party; and no tutor or curator or other legal guardian who may give any consent under this Act on behalf of any heir substitute shall incur any responsibility on account of such consent in respect of any alleged error in judgment, or inadequacy of consideration, or want of consideration therefor, unless it shall also be alleged and proved that he acted corruptly in the matter; and such consent by such tutor or curator or other legal guardian shall be in all respects as effectual as if the same had been given by such heir himself when of full age and of legal capacity to act in his own affairs: provided always, that no heir of entail in possession of an entailed estate in Scotland, or whose own consent shall be required in the application, shall be entitled to give consent on the behalf of any other party in reference to any application for disentail of such estate. XXXIII. Applications to the court.-It shall be lawful for any heir of entail in possession of an entailed estate in Scotland, desiring to take advantage of any of the provisions of this Act as to which the authority of the court is by this Act required, to make application to that effect by way of summary petition to the court,1 and such petition shall set forth the tailzie under which such estate is held, and the date of the petitioner's infeftment therein, if any be, and the names, designations, and places of abode, so far as known to the petitioner, of the heirs substitute of entail (if any) 1848. 11 & 12 VICT. Cap. 36. whose consents are required to such petition, and whether such heirs substitute are of age to consent on their own behalf, and if not, then the names, designations, and places of abode of their fathers, or tutors or curators or other legal guardians, and if such heirs substitute or any of them are the children of such heir of entail in possession himself, and are minors, or legally incapaci tated to act in their own affairs, the same shall be stated in such petition, and such petition shall also set forth specifically to what extent and in what way and manner such estate is proposed to be affected. Now to the Junior Lord Ordinary, 20 & 21 Vict. c. 56, sec. 5. During vacation to the Lord Ordinary on the Bills, 16 & 17 Vict. c. 94, sec. 2. XXXIV. Intimation of petitions.1 1 Repealed by Stat. Law Rev. Act, 1892, 55 & 56 Vict. c. 19. XXXV. Procedure in court. After intimation and advertisement as aforesaid in terms of such deliverance of the court it shall be competent to such petitioner to move the court to grant the prayer of such petition; and if the procedure shall appear to the court to be regular and proper, the court shall interpone their authority, and give decree authorising such petitioner to do and perform the act or acts proposed in such petition, in so far as the same may appear to the court to be permitted by this Act, or the court shall do otherwise in reference to such petition as may appear to them to be proper and consistent with this Act.1 1 Rest of section repealed by 55 & 56 Vict. c. 19. XXXVI. Heirs to be called in proceedings under this Act.-It shall not be necessary in any proceedings under this Act to call as parties thereto any heirs of entail other than those whose consent would be required by the heir in possession for the time to an instrument of disentail; and no heir of entail other than those whose consent would be required as aforesaid shall be entitled to appear or to be heard in such proceedings. L. Consents to be in writing and to be irrevocable. All consents of heirs of entail, or of their tutors or curators or other legal guardians, under this Act, shall be in the form of writings duly tested according to the law of Scotland, and otherwise in such form as may be fixed by the Court of Session by act of sederunt; and no consent duly given in the manner provided by this Act shall be revocable by the granter thereof. 1 1 See A. S. 18th Nov. 1848. LI. Court may make acts of sederunt.-It shall be lawful to the court to pass such act or acts of sederunt as the court may deem proper for the further regulation of the forms of procedure under this Act, and otherwise for rendering this Act more effectual, according to the true intent and meaning hereof. LII. Interpretation of Act.-In construing this Act, except where the nature of the provision shall be repugnant to such construction, the words "Court of Session" or "the court" shall be construed to mean either Division of the Court of Session; and the words "heir" and "heir of entail" shall include the institute; and the words "heir apparent” shall be construed to mean the heir who is next in succession to the heir in possession, and whose right of succession, if he survive, must take effect; the words "land" and "lands" shall extend to and comprehend all heritages; the words "entailed estate" shall extend to and comprehend all heritages which by the law of Scotland may be made the subject of entail ; the words "creditor" and "creditors" shall extend to and comprehend the heirs and assignees of such creditor or creditors; and all words used in the singular number shall be held to include several persons or things; and words in the plural shall be held to include the singular number; and all words importing the masculine gender shall extend and be applied to females as well as males. 1848. THE RAILWAY CLEARING ACT, 1850.—13 & 14 VICT. CAP. XXXIII. WHEREAS for some time past arrangements have subsisted between several Companies parties to the clearing system to be subject to the provisions of this Act.-May it therefore please your Majesty that it may be enacted; and 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, that the several companies which at the time of the passing of this Act are parties to the clearing system, and every other company which shall in manner hereafter mentioned become party to the same, shall be subject to the provisions of this Act. II. Other companies may join, with assent of committee.—And be it enacted, that if any company which may not be a party to the clearing system shall, by writing sealed with the common seal of such company, request the committee to admit such company to be a party to the clearing system, and the com 1850. 13 & 14 VICT. Cap. xxxiii. mittee shall assent to such request, such company shall from the time of such assent being given, or at such other time as may be specified in the said request, become a party to the clearing system. III. Companies may retire, on giving notice.-And be it enacted, that if any company shall, by writing sealed with the common seal of such company, give notice to the committee of the desire of such company to cease to be a party to the clearing system, such company shall, at the expiration of one calendar month from the time when such notice shall be given, or if a more distant time shall be stated in such notice then at the time so stated, cease to be a party to the clearing system. IV. Committee may give company notice to retire.—And be it enacted, that if not less than two-thirds of the committee present at a meeting specially summoned shall, by writing signed by their secretary, or by two members of the committee, give notice to any company that such company shall cease to be a party to the clearing system at a time named in such notice, not being less than one calendar month from the time of giving such notice, such company shall at the time so named cease to be a party to the clearing system. V. Each company to appoint a member of the committee. And be it enacted, that each company party to the clearing system shall at all times be entitled to be represented on the committee by one delegate appointed by the board of directors of such company from time to time, such appointment to be certified in writing by the secretary or any two directors of such company provided always, that, notwithstanding any company may happen to be unrepresented by a delegate at any meeting, the acts of the committee shall be valid. VI. Meetings of the committee, quorum, etc.-And be it enacted, that the committee shall meet at one of the clock in the afternoon of the second Wednesday in the months of March, June, September, and December in every year, or so soon thereafter as a quorum shall be assembled, and at any other times whereof the secretary shall, at the written request of the chairman for the time being, or any two members of the committee, give at least ten days' notice in writing to every company party to the clearing system, or the secretary of every such company; and every such meeting may be adjourned from time to time and from place to place as the committee shall think proper; and meetings and adjourned meetings of the committee shall be held at the said building in Seymour Street, except when the committee shall have appointed some other place, and then at such other place; and in order to constitute a meeting of the committee there shall be present at least ten members; and, except where otherwise provided, all questions at every meeting shall be determined by the majority of votes of the committee present, and in case of an equal division of votes the chairman of the meeting shall have a casting vote, in addition to his vote as one of the committee; and notice of the business to be brought before any meeting shall, at least six days before the day of such meeting, be given to every company party to the clearing system, or the secretary of every such company. VII. Appointment of the chairman.-And be it enacted, that until the first meeting of the committee which shall be held after the passing of this Act the said George Carr Glyn, or other the chairman of the committee for the time being, shall continue in office; and at the first meeting of the committee which shall be held after the passing of this Act, and in the month of March in each succeeding year, the committee present at the meeting shall, if they think fit, either continue in office the chairman for the time being, or choose another chairman; and a general meeting of the committee specially summoned shall have power to remove any chairman; and if any chairman shall die, or resign, or be removed, the committee shall have power, as soon as may be, to choose some other person to fill the vacancy thereby occasioned; but every chairman elected to supply a vacancy other than at a general meeting in the month of March in any year shall continue in office so long only as the person in whose place he shall be so elected would have been entitled to continue if such death, resignation, or removal had not happened: provided always, that it shall not be necessary that the person chosen as chairman be a delegate of any of the companies parties to the clearing system; but in case he shall not be a delegate he shall not be entitled to vote on any question, unless in the case of an equality of votes, when he shall be entitled to give the casting vote. VIII. In the absence of chairman committee to elect a chairman.-And be it enacted, that if at any meeting of the committee the chairman shall not be present the committee present shall choose one of their members to be chairman of such meeting. IX. Appointment of secretary.-And be it enacted, that the said Kenneth Morison shall be the secretary to the committee until he die, or resign, or be removed; and that the committee shall have the power to remove him and all future secretaries; and that in the event of the resignation, or death, or such removal as aforesaid of any secretary, the committee shall appoint a secretary to the committee. X. Appointment of treasurer.—And be it enacted, that the committee may from time to time appoint a treasurer, and remove such treasurer from his appointment, and prescribe and alter the duties of the office of treasurer, and take from the treasurer such security as they shall think fit, which security may be taken in the name or names of such person or persons as the committee approve of. XI. As to moneys received by committee.--And be it enacted, that any money which shall be received by the committee shall be held by the committee as trustees for the company or companies to whom the committee shall decide such money to be payable; but no member of the said committee shall be answerable for any such money as may be lost or withheld by reason of the misconduct, default, or insolvency of the treasurer, or of any banker or agent in whose hands the same may be, or by reason of any cause other than the personal misconduct of such member. XII. Accounts to be settled, and balance ascertained and declared by the committee. And be it enacted, that the accounts of the clearing system, and the balances due to and from the several companies parties thereto, shall be settled and adjusted by the secretary of the committee for the time being, which secretary shall also settle and determine the amount to be from time to time contributed to the funds of the clearing system by the companies parties thereto; and in case of any difference respecting such accounts the decision of the committee, to the effect that any balance or sum is payable by any company then or theretofore party to the clearing system, shall be final and conclusive, and such sum or balance shall be a debt due to the said committee. XIII. Expenses to be paid out of the funds of the clearing system.—And be it enacted, that the committee shall, out of the funds of the clearing system, pay all the expenses of the clearing system, and all costs, charges, damages, and expenses which the members of the committee, or any or either of them, shall as such members or member, or which the secretary as nominal plaintiff or defendant, or other party, on behalf of the committee, bear, sustain, or be put to, and that the members of the committee and secretary shall be completely indemnified and saved harmless out of the funds of the clearing system, and by the companies parties to the clearing system, of, from, and against all action and actions, suit and suits, proceeding and proceedings, of any sort, 1850. |