All specialty tract debts of Extent of Act. Interpretation of terms. Poor Law Union Loans. Debts of Deceased Persons. Note. The twenty-second and twenty-third Victoria, chapter forty-nine, section three, enacts that in the case of any debt charged by guardians upon the poor rates made repayable by instalments, each instalment shall be payable within one year next after the day when the same shall fall due, unless the Poor Law Board shall allow an extension of the time for the payment not exceeding six months, and the interest shall be payable within the like times only as the principal. СНАР. 46. An Act to abolish the distinction as to priority of payment which now exists between the specialty and simple contract debts of deceased persons. [2d August 1869.] WHEREAS it is expedient to abolish the distinction as to priority of payment between specialty and simple contract debts of deceased persons: Be it therefore 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, aud by the authority of the same, as follows: 1. In the administration of the estate of every person who shall die on or after the first day of January one thousand eight hundred and seventy no debt or liability of such person shall be entitled to any priority or preference by reason merely that the same is secured by or arises under a bond, deed, or other instrument under seal, or is otherwise made or constituted a specialty debt; but all the creditors of such person, as well specialty as simple contract, shall be treated as standing in equal degree, and be paid accordingly out of the assets of such deceased person, whether such assets are legal or equitable, any statute or other law to the contrary notwithstanding: Provided always, that this Act shall not prejudice or affect any lien, charge, or other security which any creditor may hold or be entitled to for the payment of his debt. 2. This Act shall not extend to Scotland. CHAP. 47. An Act to provide for the discharge of the duties heretofore performed by High Constables, and for the abolition of such office, with certain exceptions. [2d August 1869.] WHE HEREAS it is expedient to abolish the office of High Constable in England and Wales, except in certain cases, and to make provision for the discharge of the duties heretofore performed by such constables: 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, as follows: 1. For the purposes of this Act the word "High Constable " shall include any constable of any hundred or other like district, and any officer discharging the duties usually performed by high High Constables Office Abolition, &c. constables by whatever name such officer shall be called; and the word "county" shall include any riding, division, liberty, and place having separate quarter sessions of the peace. 2. It shall be the duty of the justices of the peace for every When vacancounty in quarter sessions assembled in the month of January cies not to be next after the passing of this Act to consider and determine filled up. whether it is necessary that the office of high constable of each hundred or other like district within their jurisdiction should be continued, and whenever such justices so assembled as aforesaid shall have determined in the case of any such hundred or other like district that it is not necessary that the office of high constable should be continued, they shall send notice of such determination to the person or persons in whom the appointment of such high constable is vested, and on the occurrence thereafter of any vacancy in such office such vacancy shall not be filled up, but this provision shall not apply to the case of any high constable who is by law or custom returning officer at any parliamentary or municipal election, or is charged with the supervision of the register of electors, or in whom is vested by virtue of his office any real property. 3. It shall be the duty of the clerk to the justices of the peace How notices in each petty sessional division, other than those which are either are to be sent. wholly or partly within the metropolitan police district or the city of London, to send by post to the proper parties in such division all notices of the holding of special or other sessions, of days of appeal, and of any other matter or thing (except such as relate to claims against the hundred or other like district, or to parliamentary or municipal elections, or the registration of electors,) of which notices are now by law or custom served upon or sent to any parochial officer or other person by high constables, and no precept or notice to perform any such duty in any such division shall hereafter be issued to any high constable, after the passing of this Act. 4. All the provisions of the Act passed in the session of Parlia- Provisions of ment holden in the seventh and eighth years of the reign of Her 7 & 8 Vict. present Majesty Queen Victoria, intituled "An Act for facilitating c. 33. to come into general "the collection of county rates and for relieving high constables operation. "from attendance at quarter sessions in certain cases and from "certain other duties," which under such Act are to come into force upon the occurrence of any vacancy in the office of high constable of any hundred, shall come into force immediately after the passing of this Act in every case as if a vacancy in such office had occurred. hundred. 5. In every action to be brought or summary claim to be pre- Chief constable ferred against any hundred or other like district, of which there to act in case of is no high constable, the process for appearance in the action claims against and the notice required in the case of the claim shall be served upon the chief constable or other acting chief officer of police for the time being of the county in which such hundred or district is situate, and all matters which by any Act the high constable of a hundred is authorized or required to do in either of such cases shall be done by the officer so served, who shall have the same Pensions may be given in certain cases. Provision in case of hundreds situate partly in boroughs. Short title. Amendment of 26 & 27 Vict. Restriction on rate of interest on debenture stock already authorized. High Constables Office Abolition, &c. powers, rights, and remedies, and be subject to the same liabilities as any high constable would but for the passing of this Act have had and incurred under any Act of Parliament, and in case of the termination of his office by death or otherwise his successor shall act in his stead. 6. If it shall appear to the justices assembled at any court of quarter sessions that any high constable within the jurisdiction of such court, holding office for life or during good behaviour, has suffered or is likely to suffer by reason of the passing of this Act any loss of emoluments heretofore chargeable upon the county stock or rate, it shall be lawful for such justices upon the application of any such constable, notice having been given at a previous meeting of the court, to order that such sum shall be annually or quarterly paid to such constable during his life and charged upon the county stock or rate as shall seem to them reasonable, regard being had to the cessation of any duties in respect of which such emoluments had theretofore been received by him and to any other circumstances in the case, and in the case of any such constable holding office as aforesaid, and remunerated by salary conditional upon the discharge of the duties of his office, the annual sum to be awarded him by such order shall not be less than two thirds of such salary. 7. When part of any hundred or other like district is within the limits of any borough or place having separate police jurisdiction, such hundred or district shall, for the purposes of this Act, be deemed to be in the county in which the other part of such hundred or district is situate. 8. This Act may be cited as The High Constables Act, 1869. CHAP. 48. An Act to amend The Companies Clauses Act, 1863. W Be it therefore 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: 66 66 "not 1. Part III. of The Companies Clauses Act, 1863, shall be read and have effect as if the following words, that is to say, exceeding the rate prescribed in the special Act, and if no rate is prescribed, then not exceeding the rate of four pounds per centum per annum," had not been inserted in section 22 of that Act, and any special Act of a company passed before the passing of this Act, prescribing any rate, shall be read and have effect as if no rate had been prescribed therein. 66 2. Provided, that any debenture stock, the creation whereof has been authorized by a company, but which has not been issued before the passing of this Act, shall not be issued on any terms Companies Clauses Act (1863) Amendment. other than those whereon it might have been issued if this Act had not been passed, unless and until the issue thereof, on terms other than as aforesaid, is after the passing of this Act authorized by the company in manner provided in section 22 of The Companies Clauses Act, 1863. 3. Any company having power to raise money on mortgage or bond by virtue of any Act of Parliament, but not having power to create and issue debenture stock, may create and issue debenture stock subject to the provisions of Part III. of The Companies Clauses Act, 1863 (relating to debenture stock), and Part III. of the said Act, as amended by this Act, shall be deemed to be incorporated with the special Act of every such company. 4. Money borrowed by a company for the purpose of paying off and duly applied in paying off bonds or mortgages of the company given or made under the statutory powers of the company shall, so far as the same is so applied, be deemed money borrowed within and not in excess of such statutory powers. 5. Section 21 of The Companies Clauses Act, 1863, shall, with respect to any company to which it is applicable under the provisions of this or any other Act, be read and have effect as if the following words, that is to say, "but so that not less than the full "nominal amount of any share or portion of stock be payable or "paid in respect thereof," had not been inserted in that section. 6. Any shares forming part of the capital (whether original or additional) authorized to be raised by any special Act of a company passed before the present session which have not been disposed of may be disposed of in manner provided by Part II. of The Companies Clauses Act, 1863, as amended by this Act, and that Part, as so amended, shall be deemed incorporated with such special Act accordingly. 7. Provided, that any shares, the creation whereof has been authorized by a company, but which have not been issued before the passing of this Act, shall not be issued on any terms other that those whereon the same might have been issued if this Act had not been passed unless and until the issue thereof on terms other than as aforesaid is after the passing of this Act authorized by the company in manner provided by Part II. of The Companies Clauses Act, 1863. 8. Provided always, that this Act shall not be construed to alter or extend the provisions of any Act relating to share capital in respect of which the amount of profits to be divided is limited to a fixed rate per centum upon the paid-up capital of the company. 9. This Act may be cited as The Companies Clauses Act, 1869. CHAP. 49. An Act to enable Local Authorities to collect Fines and WE HEREAS it is expedient to authorize the collection of certain fees and fines hereafter mentioned by means of stamps: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Short title. Application of Interpretation Power to collect fees and penalties by stamps. Unstamped document not to be valid. Fines and Fees Collection. Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as The Local Stamp Act, 1869. 2. This Act shall not apply to Scotland or Ireland. 3. For the purposes of this Act "local authority" shall mean in any county, parts, liberty, or division of a county having a separate commission of the peace, the justices in general or quarter sessions assembled; in any borough subject to the jurisdiction of a council or other governing body, the council or other governing body for the borough. 4. Whenever all the clerks of special and petty sessions and all the clerks of the justices of the peace within the jurisdiction of any local authority are paid in the whole or partly by salaries, by virtue of any order made under the Act of the session of the fourteenth and fifteenth years of the reign of Her present Majesty, chapter fifty-five, it shall be lawful for any such local authority, if they think fit, notice having been given at a previous meeting of the local authority of such purpose, to order that, from and after a day to be named in such order, all or any of the fees, fines, and penalties payable to the treasurer of the county, parts, liberty, division, or borough respectively within the jurisdiction of such local authority, or to any person on account of such treasurer, shall be received by such treasurer or such person as aforesaid by means of stamps denoting the sums payable, and not in money, and to cause such dies to be made as may be required for the purpose of carrying into effect this Act; subject nevertheless to such rules as may from time to time be made and published by such local authority, with the approval of One of Her Majesty's Principal Secretaries of State, and with the assent, so far as relates to the pattern, colour, and form of stamps and dies, and the making and impressing of the same, of the Commissioners of Inland Revenue; and it shall be lawful for any such local authority from time to time, with the like notice, to revoke, vary, or renew any such order, the like approval and assent being first obtained for any such variation or renewal. 5. Any document to or on which a stamp or stamps ought to be affixed or impressed under this Act, or under any rule for the time being in force under this Act within the jurisdiction of any local authority, shall not be of any validity unless the proper stamp or stamps has or have been affixed or impressed, or unless a certificate has been signed thereon by a justice of the peace acting in the matter to the effect that he has excused or postponed the affixing or impressment of the proper stamp or stamps, in which case the document shall be of the same validity as if the proper stamp or stamps had been duly affixed or impressed: Provided that if any such document is, through mistake or inadvertence, received, lodged, recorded, or used without being properly stamped, it shall be competent for the court or judge before whom the cause or proceeding depends to which such document relates to order that the same be stamped as in such order may be directed; and on every such document being stamped accordingly, the same, |