Collection of fees.

Stamp Acts to apply to

stamps under this Act.

Lord Chan

2. In the case of the registration of land, or of any transfer of land not upon a sale,-to the value of the land, to be ascertained in such manner as may be directed by general order:

3. In the case of registration of a charge, or of any transfer of a charge,to the amount of such charge:

Subject, nevertheless, to the qualifications following:

A maximum amount shall be fixed; and in cases where the value of any land or the amount of any charge exceeds such maximum, fees may be made payable in respect of such excess on such a reduced scale as may be thought expedient:

Where increased labour is thrown on the registrar by reason of the severance of the parcels of an estate, the entry of a new description of parcels, or of any other matter, an increased sum may be charged.

129. THE following rules shall be observed with respect to the collection of fees:

1. All fees payable in respect of registration shall be received by stamps denoting the amount of fees payable, and not in money:

2. When any fee is payable in respect of a document, a stamp denoting the amount of fee shall be affixed to such document:

3. The Commissioners of Inland Revenue shall provide everything that is necessary for the collection of the monies hereby directed to be paid by stamps.

130. THE several Acts for the time being in force relating to stamps under the care or management of the Commissioners of Inland Revenue shall apply to the stamps to be provided in pursuance of this Act, and to any document on which such stamps may be impressed, and to collecting and securing the sums of money denoted by stamps, and to preventing, detecting, and punishing all frauds, forgeries, and other offences relating thereto, as fully as if such provisions had been herein repeated and specially enacted with reference to the said last-mentioned stamps and sums of money respectively.

131. THE Lord Chancellor may from time to time fix a scale of fees to be cellor may fix scale of costs. paid to the examiners of title, and also of costs to be paid to solicitors or certificated conveyancers, in respect of any service rendered by them in any matter relating to proceedings under this Act; and he may from time to time alter any such scale when fixed; and any scale of costs so fixed may, if the Lord Chancellor thinks fit, be based on an ad valorem principle.

Applications to
Court of

132. WHERE registration is made on the application of parties who cannot make a valid charge on the fee simple, the Court of Chancery may declare that the costs and expenses of registration may be raised by a mortgage of the fee simple; and the same shall be charged accordingly.

133. ALL general orders, scales of fees, and costs made and fixed under this Act, shall be laid before Parliament forthwith, if Parliament is sitting, or, if not, within fourteen days after the next sitting of Parliament.

Proceedings in Court of Chancery.

134. ALL applications to be made to the Court of Chancery under this Act Chancery to be may be made by summons in chambers; and any power by this Act given to by summons in the Court of Chancery may, subject to any order by the Lord Chancellor as chambers, &c. aforesaid, be exercised by any judge of the Court sitting in chambers; such

judge shall have the power of directing any matter before him to be argued in court, and of directing any bill to be filed or action to be brought that may be necessary: Any person aggrieved by an order made by a judge of the Appeals. Court of Chancery may appeal to the Court of Appeal in Chancery, in such manner, within such time, and subject to such regulations and limitations, as the Lord Chancellor may prescribe; and any order made by the Court of Appeal in Chancery on appeal shall be subject to reversal or modification by the House of Lords, in like manner as decrees made by the Court of Chancery; provided that such appeal is made within such time and subject to such regulations as the House of Lords may provide by any standing order.

to solicitors of

Courts of

Durham and

Lancaster.

135. ANY proceeding, matter, or thing whatsoever directed or required by Provision as the provisions of this Act to be done or performed by solicitors of the High Chancery Court of Chancery, either in the exercise of their profession of solicitors or as attesting witnesses to any deed or instrument for the transfer of land, mortgage, document, or other instrument under the provisions of this Act, or in any other manner whatsoever, shall and may be done, exercised, and performed by any solicitor of the Courts of Chancery of the Counties Palatine of Durham and Lancaster.

Forms.

136. THE forms in the schedule hereto shall be used in all matters to which Forms as in

they refer: The registrar, with the sanction of the Lord Chancellor, may from schedule, &c.

time to time make such alterations in such forms contained in the schedule hereto as he deems requisite: He shall publish any form, when altered, in the London Gazette; and upon such publication being made it shall have the same force as if it were included in the schedule to this Act.

Inspection of Register.

137. SUBJECT to such regulations as may be imposed, and to the payment Inspection of of such sums as may be fixed by the registrar with the sanction of the Lord register. Chancellor, any person registered as proprietor of any estate or interest in any land or charge, and any person authorized by any such proprietor or by an order of the Court of Chancery, but no other person, may inspect and make copies of and extracts from any register or document in the custody of the registrar relating to such land or charge.

Fraud.

138. If any person fraudulently procures, assists in fraudulently procuring, Fraud, a or is privy to the fraudulent procurement of any order of the Court of Chan- misdemeanor. cery in relation to registered land, or fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of the entry on the register of any caveat or notice of a charge, or of the erasure from the register or alteration on the register of any caveat or notice of a charge, such person shall be deemed to be guilty of a misdemeanor; and any order procured Fraudulent by fraud, and any act consequent on such order, and any entry, erasure, or alteration so made by fraud, shall be void as between all parties or privies to such fraud.

orders, &c.,

void.

for fraud.

139. ANY person convicted of a misdemeanor under the last preceding Punishment section shall be liable to imprisonment for any term not exceeding three years, with or without hard labour, or to be fined such sum as the Court by which he is convicted shall think just.

Interpretation

of terms.

140. In the construction of this Act (except where the context or other provisions require a different construction), the word "person" shall include Her Majesty, her heirs and successors, and the Duke of Cornwall for the time being, and also a body politic or corporate; the word "possession" shall include receipt of the rents and profits; the word "land" shall include messuages, tenements, and hereditaments, corporeal or incorporeal; and the word "incumbrance" shall mean any legal or equitable mortgage in fee or for any less estate, and also any money secured or charged on land by a trust, or by judgment, decree, or order of any Superior Court of Law or Equity, and also any legacy, portion, lien, or other charge whereby a gross sum of money is secured to be paid, and also any annual or periodical charge, which by the instrument creating the same, or by any other instrument, is made repurchasable on payment of a gross sum of money, and also any arrear remaining unpaid of any annual or periodical charge, for payment of which arrear a sale of any land charged therewith might be decreed by a court of equity.

I, A.B., of, &c., in consideration of [five thousand pounds] paid to me, grant to C.D., &c., and his heirs, for ever, all [insert description].

I, A.B., in consideration of [five thousand pounds] lent to me by C.D., grant to C.D. and his heirs the hereditaments as described in the schedule, to secure to C.D. the payment of the principal sum of [five thousand pounds] on the day and interest at five per cent. in the meantime, half-yearly. C.D. shall have power to sell on default of payment of the principal or interest or any part thereof respectively.

of

Witness (as above).

(Signed and sealed, &c.)

FORM of Transfer by Indorsement.

I, the within named A.B., in consideration of [five thousand pounds] paid to me by C.D., transfer to C.D. the within mentioned lands.

Dated, &c.

Witness (as above).

(Signature and seal.)

FORM of Transfer of Charge.

I, the within named A.B., in consideration of [five thousand pounds] paid to me, do transfer to C.D. the within mentioned mortgage.

Dated, &c.

Witness, &c.

(Signature and seal.)

FORM of Power of Attorney to make Transfers.

1, A.B., do appoint C.D. my attorney to transfer to E.F., absolutely [or by way of mortgage, as the case may be,] all my lands as entered and described in the register of estates under No. 129 and my estate therein.

Witness,

A.B.,

Solicitor of the Court of Chancery,

or, a certificated conveyancer.

(Signed and sealed.)

CHAPTER 54.

AN ACT to make further Provision respecting Lunacy in Scotland.

[29th July 1862.]

WE

HEREAS an Act was passed in the twentieth and twenty-first year of

the reign of Her present Majesty, intituled "An Act for the regulation 20 & 21 Vict. " of the care and treatment of lunatics, and for the provision, maintenance, c. 71.

" and regulation of lunatic asylums, in Scotland"; and another Act was

passed in the twenty-first and twenty-second year of the reign of Her present

Majesty, intituled "An Act to amend an Act of the last session, for the 21 & 22 Vict. "regulation of the care and treatment of lunatics, and for the provision, c. 89. "maintenance, and regulation of lunatic asylums, in Scotland": And whereas it is expedient to continue the General Board of Commissioners in Lunacy constituted by first-recited Act, and to amend certain of the provisions of the said Acts: 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. THE following words and expressions when used in this Act shall have Interpretation the meanings hereby assigned to them:

"Board" shall mean the General Board of Commissioners in Lunacy for

Scotland constituted by the said first-recited Act:

"Secretary" shall mean the secretary of the Board for the time being:
"Lunatic wards of a poorhouse " shall mean those wards or parts of a poor-
house sanctioned by the Board for the reception and the detention of
pauper lunatics:

"

"Medical person" shall mean any person registered as a practitioner in medicine or surgery, pursuant to the Act twenty-first and twentysecond Victoria, chapter ninety:

Lunatic," when used in this and the recited Act, shall mean and include every person certified by two medical persons to be a lunatic, an insane person, an idiot, or a person of unsound mind:

VOL. XIV.

G

of terms.

Board may

wards of poorhouses.

"

Pauper lunatic" shall mean and include any lunatic towards the expense of whose maintenance any allowance is given or made by any parochial board:

"Sheriff" shall include sheriffs substitute:

Superintendent" shall mean the person or persons having the management or charge of any asylum, and shall include the proprietor and all persons having any pecuniary interest therein, or in the profits to be derived therefrom, and also the governor of any poorhouse in which pauper lunatics are kept, and the proprietor or any person or persons having a pecuniary interest in any other licensed house for the reception of lunatics.

3. It shall be lawful for the Board to license lunatic wards of poorhouses license lunatic for the reception and detention, on the order of the sheriff, of such pauper lunatics only who are not dangerous, and do not require curative treatment, subject to such rules and conditions as the Board may prescribe; and the Board may also, if they shall be satisfied that good reasons exist therefor, continue all licences that have been already granted to lunatic wards of poorhouses.

Board may 4. IT shall be lawful for the Board to sanction the reception of pauper sanction the lunatics into lunatic wards of poorhouses without the order of the sheriff, reception of pauper lunatics according to forms and subject to regulations approved of by the Board, and in poorhouses. at any time to withdraw such sanction; and any governor or keeper of a poorhouse who shall receive any such lunatic without an order by the sheriff or sanction of the Board, or detain any such lunatic for more than seven days after the withdrawal of such sanction, shall be liable in a penalty not exceeding ten pounds.

Penalty for unauthorized reception or detention.

Board may grant special licences for

reception in houses of not

lunatics.

5. IT shall be lawful for the Board to grant special licences to occupiers of houses, for the reception and detention therein of lunatics, not exceeding four in number, subject to such rules and regulations as the Board may appoint, more than four and to exempt the holders of such special licences from the payment of any fee, or of any sum whatever in respect thereof; and, except in so far as expressly exempted by the Board, the holders of such licences shall be subject to the whole provisions applicable to the keepers or superintendents of private asylums in the recited Acts and this Act contained; and the Board, in the case of a lunatic who is a pauper, on the application of the inspector of the poor of the parish liable at the time for the maintenance or interim maintenance of such lunatic, or, in any other case, on the application of any one legally entitled to make the same, accompanied by medical certificates in the forms herein-after prescribed, may sanction the reception and detention of such lunatic in any house so specially licensed: Provided, that no lunatic shall be received into any such house without the sanction of the Board, granted according to the forms and regulations approved of by them; and any person receiving any lunatic into any house specially licensed as aforesaid, or being concerned in the disposal of such lunatic without the sanction of the Board, shall be liable to a penalty not exceeding ten pounds.

Board may grant licences to charitable

*

7. Ir shall be lawful for the Board to grant licences to any charitable institution established for the care and training of imbecile children, and