Commissioners of Stamps in Great Britain; and the said Commissioners, or the of Stamps. major Part of them, are hereby empowered and required to provide and use proper and sufficient Plates, Stamps or Dies, for marking, expressing and denoting the Duties hereby granted, and to alter and renew such Plates, Stamps or Dies, from time to time, as Occasion shall require, and also to employ such Officers and Persons under them, and to do all such other Acts and Things as shall be thought necessary or expedient for effectually raising and collecting the several Duties hereby granted. and for putting this Act into execution, in the like and in as full and ample Manner as they or any former Commissioners of Stamps are or have been authorized to do, for the raising and collecting of any former Duties under their Care and Management, or for putting into Execution any Act or Acts relating Printing Newspapers with Stamp denoting Duty on Supplements, and and not conforming to the Regulations herein mentioned. thereto. IV. And be it further enacted, That from and after the Commencement of this Act, it shall not be lawful for any Person or Persons to print in or upon any Paper which shall be stamped with a Stamp denoting the Duties by this Act granted, any on Papers con- Public News, Intelligence or Occurrences whatsoever; and that taining Adver- upon every Supplement to any Newspaper chargeable with the tisements only; Duties granted by this Act there shall be printed the Name and Title of the Newspaper to which the same shall be a Supplement ; and that upon every Paper printed weekly or oftener, or at la tervals not exceeding Twenty six Days, chargeable with the Duties granted by this Act, there shall be printed the Name and Title of such Paper; and that upon every such Supplement, and also upon every such other Paper respectively, there shall be printed in large Type at the Top of each Side of every such Supplement or other Paper as aforesaid respectively, the Month, and Day of the Month, and Year, on which such Newspaper or other Paper respectively shall be published, and the Name of the Printer and Place of printing, in large Type, in or upon some conspicuous Part of every such Supplement or other Paper as aforesaid respectively; and that if any Person shall print, or cause or permit or suffer to be printed, any Public News, Intelligence or Occurrences, other than Advertisements, in or upon any such Supplement to any Newspaper, or in or upon any such Paper. printed weekly or oftener, or at Intervals not exceeding Twenty six Days, or if any Person shall print, or cause or permit or suffer to be printed, any Supplement or Supplements to any Newspaper, without the Name and Title of the Newspaper, or any such Paper printed weekly or oftener, or at Intervals not exceeding Twenty six Days, without the Title thereof being respectively printed in large Type at the Top of each Side of every such Supplement or other Paper as aforesaid respectively, or without the Month, Day of the Month, and Year, on which such Newspaper or other Paper as aforesaid respectively shall be published, or without the Name of the Printer, and the Place of printing, in large Type in or upon some conspicuous Part of every such Supplement or other Paper as aforesaid, being respectively printed in er every such Supplement or other Paper as aforesaid respectively. in Manner hereinbefore directed, every Person so offending shall forfeit eit and pay, over and above all other Penalties recoverable Penalty. Law, the Sum of Fifty Pounds for every such Offence. papers extended And be it further enacted, That all the Powers, Provisions, Provisions of ses, Regulations, Directions, Allowances, Exemptions, Pri- former Acts rees, Fines, Forfeitures, Pains and Penalties, contained in and lating to Newsosed or granted by the several Acts of Parliament relating to this Act. Newspapers, and the Duties of Stamps thereon, shall be of Force and Effect with respect to the Duties by this Act ted, and to the Articles, Matters and Things charged or geable with Duty, so far as the same are or can be made icable, in all Cases not hereby expressly provided for, and respectively be observed, applied, enforced and put in Exeon, for the raising, levying, collecting and securing of the said es hereby granted, and otherwise relating thereto, so far as same are or can be made consistent with the express Proons of this Act, as fully and effectually to all Intents and poses as if the same had been herein severally repeated and cially enacted with reference to the said Duties hereby oted. Stamps. ↑ Sic. I. And be it further enacted, That if any Person shall forge Forging te, Stamp or Die, upon any Paper whatsoever; or shall Stamping ajesty, His Heirs or Successors, of any of the Duties by this of t of any granted or any Part thereof; or if any Person shall utter or Uttering Papers or expose to Sale, any Paper having thereupon the Impres- with forged any such forged or counterfeited Plate, Stamp or Die, or Stamps, &c. Plate, Stamp or Die, or any such forged or countered Impression, or Part or Resemblance of Impression as afore, knowing the same respectively to be forged, counterfeited or embled; or if any Person shall privately and secretly use any te, Stamp or Die which shall have been so provided, made aforesaid, with Intent to defraud His Majesty, His irs and Successors; then every Person so offending, and every Tson knowingly and wilfully aiding, abetting or assisting any son or Persons in committing any such Offence as aforesaid, being thereof lawfully convicted, shall be adjudged guilty Felony, and shall suffer Death as a Felon without Benefit of Death, lergy. used as VII. And be it further enacted, That this Act shall commence Commencend take effect, as to all Matters and Things therein contained, ment of Act. om and immediately after the Fifth Day of July One thousand ght hundred and twenty five. 4G. 4. c.85. САР. СХХ. An Act for the better regulating of the Forms of Process in Law in Scotland, and sundry Regulations established for the 'better expediting of Business in those Courts: And Whereas 'certain Acts were passed in the Reign of His late Majesty, and in the Reign of His present Majesty, concerning the Admi 'nistration of Justice in Scotland, and Appeals to the House of 'Lords; and for the better regulating of the Court of Session ' in Scotland; and for extending Trial by Jury to Civil Causes: ‹ And Whereas an Act was passed in the Fourth Year of the Reign of His present Majesty, intituled An Act for empowering Commissioners, to be appointed by His Majesty, to inquire inte the Forms of Process in the Courts of Law in Scotland, and the Course of Appeals to the House of Lords: And Whereas, put suant to the said last mentioned Act, His Majesty did name and appoint by His Royal Sign Manual certain Persons to in'quire into the Forms of Process in the Courts of Law in Scotland, and to report on sundry Matters particularly therein set forth: And Whereas the said Commissioners so appointed have made a Report to His Majesty upon the Subject Matter upon which they were so directed to report, which Report has been laid before the Two Houses of Parliament: And Whereas it is expedient that the before mentioned Acts should in cer'tain Particulars be altered and amended, and that certain Regulations should be established for the expediting of Business before the Courts of Law in Scotland, and for extending Trial by Jury in Civil Causes, which cannot be effected without the Authority of Parliament:' May it therefore please your Majesty that it may be enacted; and be it enacted by the King'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 from and after the Eleventh Day of November next to come, the Seven junior Ordinary Judges of the Court of Session shall be relieved from Attendance in the Inner House, and shall not sit therein, unless in so far as is hereinafter provided, but shall act as Lords Ordinary in the Outer House, to perform the Busi ness which by the subsisting Acts and Usages belong to the Office of Lords Ordinary in the Outer House; and the Lord President, and Three of the senior Ordinary Judges of the Court of Session, shall form the Inner House of the First Division, and the Lord Justice Clerk, with the remaining senior Ordinary Judges, shall form the Inner House of the Second Division; and 50 G.S. c.112. the Provisions of an Act passed in the Fiftieth Year of the Reign of His late Majesty, intituled An Act for abridging the Form extracting Decrees in the Court of Session in Scotland, and for the Regulation of certain Parts of the Proceedings of that Court; and also of an Act passed in the Fifty third Year of the Reign of His late Majesty, intituled An Act for the better regulating of Division of Court of Session altered. 53 G.3. c.64. the Court of Session in Scotland; and also of an Act of the First 1&2 G. 4. c. 38. Second of His present Majesty's Reign, intituled An Act for repealed. lishing certain Regulations respecting certain Parts of the Prongs of the Court of Session, in so far as the same may be d inconsistent with the Regulations above expressed, shall and the same are hereby repealed: Provided always, that the ges who now sit in the Inner House of either Division shall be affected by this Enactment, except with their own Consent therefore the Number of Judges who are to form the Inner se of either Division, and of Lords Ordinary officiating in Outer House, shall remain as at present, until, either by Consent of the present Judges, or by new Appointments of ges, the Enactment may be carried into Effect. ; Proviso for the Causes for Trial or Judgment. . And be it further enacted, That from and after the said Proceedings for y Defence, both dilatory and peremptory, on which he or Defences. II. And be it further enacted, by the Authority aforesaid, Production of hin their Power. up and closed. V. And be it further enacted, That in ordinary Causes where No Judgment Defender shall make Appearance, and neither Party shall pronounced till ndon the Cause, neither the Lord Ordinary officiating in the Record made er House, nor the Court, shall proceed to give Judgment n the Merits in the Cause, until the respective Averments the Parties in Fact, and their Pleas in Matter of Law, shall, hereinafter directed, be set forth on the Record, and the Red made up and authenticated in manner hereinafter appointed. And be it further enacted, by the Authority aforesaid, The Disposal at it shall be the Duty of the Lord Ordinary, at the first of the dilatory ling of the Cause before him, to hear the Parties on the Defences reatory Defences, with Power to reserve Consideration on such gulated. atory Defences as require Probation, until the peremptory Deces shall be pleaded, and the Record adjusted in the Manner einafter directed; and if the Lord Ordinary shall sustain the atory Defences, or any of them, to the Effect of dismissing the tion, he shall at the same Time determine the Matter of Exnces; but if, on the contrary, the said Ordinary shall repel the atory Defences, the Cause shall then, with the Exception herein Examination by nary into the Correctness of the Summons and Defences. hereinafter to be mentioned, proceed in its due Course of Preparation, without any separate Interlocutor being pronounced respecting Expences, reserving this Part of the Expence to be disposed of along with the rest of the Expence in the final Decision of the Cause; and the Judgment of the Lord Ordinary on the dilatory Defences shall be final, unless the Pursuer, where the Defences have been sustained and the Action dismissed, shall, within Twenty one Days from and after the Date of the Lord Ordinary's Judgment, apply by a Note in manner hereinafter directed, to have such Judgment reviewed by the Judges of the Inner House, or unless, in the Case where the Lord Ordinary shall have repelled the Defences, the Defender shall, at the Time of pronouncing Judgment as aforesaid, give Notice of his Inten tion to bring the Judgment under Review, in which Case the Lord Ordinary, instead of proceeding with the Preparation of the Cause, shall forthwith give Judgment for the Expence of that preliminary Discussion; and the Defender shall then be entitled, at any Time within Twenty one Days from the Date of the Interlocutor, to apply by Note to the Inner House for a Review of the Lord Ordinary's Judgment; and if the Defender shall not avail himself of the Right thus to bring the Judgment of the Lord Ordinary under Review, an Interim Decree, with Expence of Extract, shall be allowed to go out for the Expences for which Judgment shall have been given as aforesaid; and in reviewing the Lord Ordinary's Judgment, and adhering to or altering the Interlocutor by him pronounced, the Court shall also dispose of the Matter of Expences relative to that preliminary Discussion; and if the Interlocutor of the Lord Ordinary repelling the Defence shall be adhered to, an Interim Decree shall be pronounced for the Expences decerned for by him, with the additional Expence in the Court, if such shall be allowed, on which Interim Decree Execution may proceed; and it shall not be competent to appeal to the House of Lords against the Interlocutory Judgment, where the Action is not dismissed, unless express Leave be given by the Court, reserving the Effect of the Defence if an Appeal should afterwards be taken in the Cause when finally decided. VI. And be it further enacted, That where no dilatory Defence the Lord Ordi- shall have been stated, or in case all dilatory Defences have been finally repelled, the Lord Ordinary shall proceed to examine inte the Correctness of the Summons and of the peremptory Defences; and if it shall appear to the Lord Ordinary, that the Grounds of Action, as set forth in the Summons, are in Teras not sufficiently positive and clear, or the Conclusion not regularly or legally deduced according to the Form and Nature of the Ac tion, and the Laws and Practice of Scotland, he may either dismiss the Action, decerning for Expences, and reserving to the Pursuer the Right to bring a new Action, or order an Amendment of the Libel, and give Interim Decree against the Pursuer for the Expences occasioned by the incorrect Form of the Summers, on which Interim Decree, if necessary, Execution may proce forthwith; and in like Manner, if it shall appear to the Lord Ordinary that the Defender has not set forth his peremptory Defences or Exceptions in Terms sufficiently in point of Fact, and with due Correctness in point of Law, the Lord Ordinary Of Defences peremptory. order |