appointment of assessors for such of the said duties as may be payable under Schedules (A.) and (B.) of the said Act of the sixteenth and seventeenth years of Her Majesty's reign, chapter thirty-four.

7. Assessment of income tax under Schedules (A.) and (B.), and of the inhabited house duties for the year 1880-81-32 & 33 Vict. c. 67.] With respect to the assessment of the duties of income tax hereby granted under Schedules (A.) and (B.) in respect of property elsewhere than in the metropolis as defined by the Valuation (Metropolis) Act, 1869, and of the duties on inhabited houses elsewhere than in the said

metropolis, for the year commencing, as respects England, on the sixth day of April, and as respects Scotland, on the twenty-fifth day of May, one thousand eight hundred and eighty, the following provisions shall have effect: (1.) The inspectors or surveyors of taxes shall be the assessors for the said duties, and in lieu of the poundage by law granted to be divided between the assessors and collectors in regard to such duties there shall be paid a poundage of three halfpence

to the collectors thereof:

(2.) The sum charged as the annual value of any property in the assessment of income tax thereon for the year which commenced on the sixth day of April one thousand eight hundred and seventy-nine, and the sum charged as the annual value of every inhabited house in the assessment made thereon for the same year as respects England, and as respects Scotland for the year which commenced on the twenty-fifth day of May one thousand eight hundred and seventy-nine, shall be taken as the annual value of such property or of such inhabited house for the assessment and charge thereon of the duties of income tax hereby granted, or of the duties on inhabited houses, to all intents and purposes as if such sum had been estimated to be the annual value in conformity with the provisions in that behalf contained in the Acts relating to income tax and the duties on inhabited houses respectively: (3.) The Commissioners executing the said Acts shall, for each place within their district, cause duplicates of the assessments to be made out and delivered to the collectors, together with the warrants for collecting the same.

8. Exemption from income tax repealed in ase of certain industrial and provident societies-39 & 40 Vict. c. 45.] Notwithstanding the provision contained in sub-section four of section eleven of the Industrial and Provident Societies Act, 1876, a society registered under that Act shall be chargeable to the duties of income tax under Schedule C. and Schedule D. in case the society sells to persons who are not members thereof, and the number of the shares of the society is limited either by its rales or practice.

PART III. Stamps.

9. Grant of duties on probates and letters of administration.] On and after the first day of April one thonsand eight hundred and eighty, in lieu of the stamp duties now payable upon probates of wills and letters of administration in England and Ireland, and upon inventories to be exhibited and recorded in any Commissary Court in Scotland, there shall be charged and paid the duties specified in the Schedule to this Act: Provided, that an additional inventory to be so exhibited or recorded of any effects of a deceased person, where a former duly stamped inventory of the estate and effects of the same person has been exbibited and recorded prior to the first day of April one thousand eight hundred and eighty, shall be chargeable with the amount of stamp duty with which it would have been chargeable if this Act had not been passed.

10. Account to accompany affidavit on application for probate or letters of administration-55 Geo. 3, c. 184, s. 3820 & 21 Vict. c. 77,8. 93-56 Geo. 3, c. 56, s. 117.] (1.) Together with the affidavit to be required and received from the person applying for a probate or letters of administration in England, in conformity with section thirty-eight of the Act passed in the fifty-fifth year of the reign of King George the Third, chapter one hundred and eighty-four, there shall be delivered an account of the particulars of

the personal estate for or in respect of which the probate or letters of administration is or are to be granted, and of the estimated value of such particulars.

(2.) The account so delivered shall be transmitted to the Commissioners of Inland Revenue, together with the documents mentioned in section ninety-three of the Act passed in the twentieth and twenty-first years of Her Majesty's reign, chapter seventy-seven.

(3.) A like account shall be annexed to the affidavit to be required and received from the person applying for a probate or letters of administration in Ireland, in conformity with section one hundred and seventeen of the Act passed in the fifty-sixth year of the reign of King George the Third, chapter fifty-six, and such account shall be in lieu of, and in substitution for, the account annexed to the form of affidavit set forth in Part III. of the Schedule to the said Act.

(4.) Every account to be delivered in pursuance of this section shall be in accordance with such form as may be Treasury. prescribed by the Commissioners of Her Majesty's

11. Power to commute legacy duty or succession duty presumptively payable in certain cases-16 & 17 Vict. c. 51.] Where any legacy duty or succession duty shall be presumptively payable in respect of any interest in expectancy upon the determination of a life or other temporary interest in possession in a legacy, or residue, or in personal property comprised in a succession, and the duty (if any) payable upon the life or other temporary interest shall have been fully paid and satisfied, it shall be lawful for the Commissioners of Inland Revenue, in their discretion, upon the application of the executor or trustee or other person who would be accountable for the duty in respect of such interest in expectancy if it were then in possession, to commute the duty presumptively payable for a sum to be presently paid.

For assessing the amount which shall be so payable the Commissioners shall cause a present value to be set upon the presumptive duty, regard being had to any contingencies affecting the liability to such duty, and the interest of money involved in the calculation being reckoned at the rate for the time being allowed by the Commissioners in respect of duties paid in advance under the Succession Duty Act, 1853.

Upon the receipt of the certain sum the Commissioners shall give a discharge for the duty accordingly.

12. Discharge of executor, &c. from claim to duty on distribution of fund.] When an executor, administrator, or trustee shall have given notice in writing to the Commissioners of Inland Revenue for any claim to legacy duty or succession duty in respect of any fund in his hands which he intends to distribute, and shall have delivered to the Commissioners all particulars which they may require in order to ascertain the existence and extent of any such claim, he shall be at liberty to distribute the fund amongst the parties entitled thereto, after satisfaction of any claims to duty made by the Commissioners, and shall be entitled to receive from them a certificate discharging him from his liability to any duty in respect of the fund.

Snch certificate shall not in any way affect the liability o any person other than the person in whose favour it is expressed to be given.

13. Relief from legacy duty when whole personal estate is less than £100.] Where it appears upon an examination of the account rendered to the Commissioners of Inland Revenue that the value of the whole of the personal estate of any person dying after the passing of this Act does not amount to the sum of one hundred pounds, no legacy duty shall be charged in respect thereof or of any portion thereof.

SCHEDULE

OF STAMP DUTIES ON PROBATES AND LETTERS OF ADMINISTRATION IN ENGLAND OR IRELAND, AND ON INVENTORIES IN SCOTLAND.

Where the estate and effects for or in respect of which a Probate or Letters of Administration shall be granted, or whereof an Inventory shall be exhibited and recorded, exclusive of what the deceased shall have been possessed of or entitled to as a trustee for any other person and not beneficially, shall be:

1. Alternative qualification for membership of local authority -5 & 6 Will. 4, c. 76-9 Geo. 4, c. 82.] (1.) Subject as in this section mentioned, every person shall be qualified to be elected and to be a member of a local authority who is at the time of election qualified to elect to any membership of that authority.

(2.) For the purposes of this section the term "local authority" means,

(a.) The council of a borough under the Municipal Corporations Act, 1835, or any Act amending the

same:

b.) In Ireland, the town council of any town corporate,

fcitors' Journal

4,

commissioners appointed by virtue of an Act made in the ninth year of King George the Fourth, intituled "An Act to make provision for the lighting, cleansing, and watching of cities and towns corporate, and market towns in Ireland in certain cases," and any municipal town or township commissioners appointed under any general or local Act.

(3.) The qualifications mentioned in this section shall be alternatives for and shall not repeal or take away any other qualification.

(4.) Nothing in this section shall qualify any person for any office who is disqualified for the office by the existing law by reason of office, contract, bankruptcy, or any other matter of disqualification or disability.

(5.) If a person qualified under this section ceases for six months to reside within the borough or district in which be has been elected to an office, he shall cease to be qualified under this section and his office shall become vacant, unless he was at the time of his election and continues to be qualified in some other manner.

2. Short title.] This Act may be cited as the Town Councils and Local Boards Act, 1880.

3. Extent.] This Act shall extend to Ireland but not to Scotland.

CAP. XVIII.

An Act to amend the Law relating to the Conveyance of Voters to the Poll, and to continue the Acts relating to the Prevention of Corrupt Practices at Parliamentary Elections and the Acts relating to Election Petitions. [24th March 1880.

30 & 31 Vict. c. 102.] Whereas by section thirty-six of the Representation of the People Act, 1867, it is enacted that it shall not be lawful for any candidate or any one on his behalf at any election for a borough, except certain boroughs therein mentioned, to pay any money on account of the conveyance of any voter to the poll, either to the voter himself or to any other person, and that any such payment shall be deemed to be an illegal payment, and it is expedient to amend such enactment.

And whereas the Acts mentioned in the Schedule hereto expire on the thirty-first day of December, one thousand eight hundred and eighty, and it is expedient to continue the same:

Be it therefore enacted, &c.

1. Short title.] This Act may be cited as the Parliamentary Elections and Corrupt Practices Act, 1880.

2. Repeal of s. 36 of 30 & 31 Vict. c. 102, as to payment of expenses of conveyance of voters.] The thirty-sixth section of the Representation of the People Act, 1867, shall be repealed so far as concerns the conveyance of voters within any borough.

3. Amendment of law as to parliamentary elections in Scotland-35 & 36 Vict. c. 33.] In all elections whatever of a member or members to serve in Parliament for any county, division of a county, or for any city or burgh, or district of burghs, in Scotland, no inquiry shall be permitted at the time of polling as to the right of any person to vote except only as follows; (that is to say,) that the presiding officer or clerk appointed by the returning officer to attend at a polling station shall, if required on behalf of any candidate, put to any voter at the time of his tendering his vote, and not afterwards, the following questions, or either of them: 1. Are you the same person whose name appears as A. B. on the register of voters now in force for the county [or for the division of the county , or for the city [or burgh] of district of burghs [as the case may

of

of

or for the

' Jourral

1. Short title.] This Act may be cited for all purposes as the Companies Act, 1880.

2. Construction of Acts-25 & 26 Vict. c. 89-30 & 31 Vict. c. 131-40 & 41 Vict. c. 26-42 & 43 Vict. c. 76]. This Act shall, so far as is consistent with the tenor thereof, be construed as one with the Companies Acts, 1862, 1867, 1877, and 1879, and the said Acts and this Act may be referred to as the Companies Acts, 1862 to

1880.

3. Accumulated profits may be returned to shareholders in reduction of paid-up capital.] When any Company has accumulated a sum of undivided profits, which with the consent of the shareholders may be distributed among the shareholders in the form of a dividend or bonus, it shall be lawful for the Company, by special resolution, to return the same, or any part thereof, to the shareholders in reduction of the paid-up capital of the Company, the unpaid capital being thereby increased by a similar amount. The powers vested in the directors of making calls upon the shareholders in respect of moneys unpaid upon their shares shall extend to the amount of the unpaid capital as augmented by such reduction.

4. No resolution to take effect till particulars have been registered.] No such special resolution as aforesaid shall take effect until a memorandum, showing the particulars required by law in the case of a reduction of capital by order of the court, shall have been produced to and registered by the Registrar of Joint Stock Companies.

5. Power to any shareholder within one month after passing of resolution to require Company to retain moneys paid upon shares held by such person.] Upon any reduction of paid-up capital made in pursuance of this Act, it shall be lawful for any shareholder, or for any one or more of several joint shareholders, within one month after the passing of the special resolution for such reduction, to require the Company to retain, and the Company shall retain accordingly, the whole of the moneys actually paid upon the shares held by such person, either alone or jointly with any other person or persons, and which, in consequence of such reduction, would otherwise be returned to him or them, and thereupon the

shares in respect of which the said moneys shall be so retained shall, in regard to the payment of dividends thereon, be deemed to be paid up to the same extent only as the shares on which payment as aforesaid has been accepted by the shareholders in reduction of their paid-up capital, and the Company shall invest and keep invested the moneys so retained in such securities authorized for investment by trustees as the company shall determine, and upon the money so invested, or upon so much thereof as from time to time exceeds the amount of calls subsequently made upon the shares in respect of which such moneys shall have been retained, the company shall pay such interest as shall be received by them from time to time on such securities, and the amount so retained and invested shall be held to represent the future calls which may be made to replace the capital so reduced on those shares, whether the amount obtained on sale of the whole, or such proportion thereof as represents the amount of any call when made, produces more or less than the amount of such call.

6. Company to specify amounts which shareholders have required them to retain under s. 5; also to specify amounts of profits returned to shareholders-25 & 26 Vict. c. 89.] From and after such reduction of capital the Company shall specify in the annual lists of members, to be made by them in pursuance of the twenty-sixth section of the Companies Act, 1862, the amounts which any of the shareholders of the Company shall have required the Company to retain, and the Company shall have retained accordingly, in pursuance of the fifth section of this Act, and the Company shall also specify in the statements of account laid before any general meeting of the Company the amount of the undivided profits of the Company which shall have been returned to the shareholders in reduction of the paid-up capital of the Company under this Act.

7. Power of Registrar to strike names of defunct Companies off register.] (1.) Where the Registrar of Joint Stock Companies has reasonable cause to believe that a Company, whether registered before or after the passing of this Act, is not carrying on business or in operation, he shall send to the Company by post a letter inquiring whether the Company is carrying on business or in operation.

(2.) If the Registrar does not within one month of sending the letter receive any answer thereto, he shall within fourteen days after the expiration of the month send to the Company by post a registered letter referring to the first letter, and stating that no answer thereto has been received by the Registrar, and that if an answer is not received to the second letter within one month from the date thereof, a notice will be published in the Gazette with a view to striking the name of the Company off the register.

(3.) If the Registrar either receives an answer from the Company to the effect that it is not carrying on business or in operation, or does not within one month after sending the second letter receive any answer thereto, the Registrar may publish in the Gazette and send to the Company a notice that at the expiration of three months from the date of that notice the name of the Company mentioned therein will, unless cause is shown to the contrary, be struck off the register and the Company will be dissolved.

(4.) At the expiration of the time mentioned in the notice the Registrar may, unless cause to the contrary is previously shown by such Company, strike the name of such Company off the register, and shall publish notice thereof in the Gazette, and on the publication in the Gazette of such lastmentioned notice the Company whose name is so struck off shall be dissolved: Provided that the liability (if any) of every director, managing officer, and member of the Company shall continue and may be enforced as if the Company had not been dissolved.

(5.) If any Company or member thereof feels aggrieved by the name of such Company having been struck off the register in pursuance of this section, the Company or member may apply to the superior court in which the company is liable to be wound up; and such court, if satisfied that the Company was at the time of the striking off carrying on business or in operation, and that it is just so to do, may order the name of the Company to be restored to the register, and thereupon the Company shall be deemed to have continued in existence as if the name thereof had never been struck off; and the court may by the order give such directions and make such provisions as seem just for placing the Company and all other

persons in the same position as nearly as may be as if the name of the Company had never been struck off.

(6.) A letter or notice authorized or required for the purposes of this section to be sent to a Company may be sent by post addressed to the Company at its registered office, or, if no office has been registered, addressed to the care of some director or officer of the Company, or if there be no director or officer of the Company whose name and address are known to the Registrar, the letter or notice (in identical form) may be sent to each of the persons who subscribed the

memorandum of association, addressed to him at the address mentioned in that memorandum.

(7.) In the execution of his duties under this section the Registrar shall conform to any regulations which may be from time to time made by the Board of Trade.

(8.) In this section the Gazette means, as respects Companies whose registered office is in England, the London Gazette; as respects Companies whose registered office is in Scotland, the Edinburgh Gazette; and as respects Companies whose registered office is in Ireland, the Dublin Gazette.

Sept. 11, 1880.

1. Short title.] This Act may be cited as the County Bridges Loans Extension Act, 1880.

2. Extension of power to borrow under 4 & 5 Vict. c. 4941 & 42 Vict. c. 77.] Where, under section twenty-two of the Highways and Locomotives (Amendment) Act, 1878, the county authority, as defined by that Act, see fit to make a contribution towards the cost of a bridge erected as therein mentioned, they may borrow on mortgage of the county rate all or any part of the amount of such contribution in the same manner in every respect as if the amount to be borrowed had been the amount of an estimate made and approved in the manner mentioned in the Act of the fourth and fifth years of the reign of Her Majesty, chapter forty-nine, hereinafter termed the principal Act; and all the powers, directions, and provisions of the principal Act shall extend and apply to the moneys borrowed under this Act; provided that the sum required for or towards any such contribution as aforesaid may be borrowed in exercise of the power hereby conferred, although the same shall not exceed one-fourth of the amount of the ordinary annual assessment in the principal Act referred to.

3. Interpretation.] This Act and the Highways and Locomotives (Amendment) Act, 1878, shall be construed as one Act.

CAP. VI.

An Act to amend the Representation of the People (Scotland) Act, 1880. [19th July 1880.

CAP. VII.

An Act to extend the Union Assessment Committee Acts to single parishes under separate Boards of Guardians. [19th July 1880.

Whereas under section forty-five of the Union Assessment Committee Act, 1862, as amended by subsequent Acts, it is provided that on the application of the body having the management of the relief of the poor in any union or incorporation under a Local Act, the Local Government Board may order such union or incorporation to be included in the Union Assessment Committee Act, 1862, and it is expedient to make the like provision with respect to single parishes which are not included in any union of parishes either under a Local Act or under the Poor Law Amendment Act, 1834:

Be it therefore enacted, &c. :

1. Short title.] This Act may be cited as the Union Assessment Act, 1880, and together with the Union Assess. ment Committee Act, 1862, and the Union Assessment Committee Amendment Act, 1864, may be cited as the Union Assessment Acts, 1862 to 1880.

2. Application of 25 & 26 Vict. c. 103, s. 45, to single parishes under separate boards of guardians-4 & 5 Will. 4, c. 76-25 & 26 Vict. c. 183.] Section forty-five of the Union Assessment Committee Act, 1862, shall apply to a parish which is not included in a union of parishes, and in which the relief of the poor is administered by a board of guardians elected under the Poor Law Amendment Act, 1834, or under any Local Act, in like manner as near as may be as it applies to any union or incorporation for the relief of the poor formed under a Local Act, and the Union Assessment Committee Act, 1862, and the Acts amending the same, shall be construed accordingly; and in relation to any such single parish the expression common fund" in the said Acts shall be construed to mean the money applicable for the relief of the poor.

66

3. Extent of Act-32 & 33 Vict. c. 67.] This Act shall not extend to the Metropolis as defined by the Valuation (Metropolis) Act, 1869.

CAP. VIII.

An Act to provide for the raising of Loans of behalf of Isle of Man. [19th July 1880.

CAP. IX.

An Act to remove doubts as to the meaning of Expressions relative to Time occurring in Acts of Parliament, deeds, and other legal instruments.

[2nd August 1880. Whereas it is expedient to remove certain doubts as to whether expressions of time occurring in Acts of Parliament, deeds, and other legal instruments relate in England and Scotland to Greenwich time, and in Ireland to Dubln time, or to the mean astronomical time in each locality: Be it therefore enacted, &c. :

1. Meaning of expressions relating to time.] Whenever any expression of time occurs in auy Act of Parliament,