ed and overspread in many places of this kingdom by sand driven from adjacent sand-hills, the which has been mainly occasioned by the pulling up by the root of bent, juniper and broom bushes, which did loose and break the surface and scroof of the said hills; and particularly considering, that the barony of Cowbin, and house and yards thereof, lying within the sheriffdom of Elgin, is quite ruined and overspread with sand, the which was occasioned by the foresaid bad practice of pulling the bent and juniper: Therefore his Majesty, with advice and consent of the Estates of Parliament, for preventing of the like prejudices in time coming, does strictly prohibit and discharge the pulling of bent, broom, or juniper off sand-hills for hereafter, either by the proprietors themselves, or any other whatsomever, the same being the natural fences of the adjacent countries to the said hills; certifying such as shall contraveen this act, they shall not only be liable to the damages that shall therethrough ensue, but shall likewise be liable in the sum of ten pounds of penalty, the one-half thereof to belong to the informer, and the other half to the judge within whose jurisdiction the said contravention shall be committed.

This act was amended by the statute 15. of Geo. II. cap. 33, passed" to revive several acts for the punish"ment of persons destroying turnpikes or locks, and "for other purposes therein mentioned, and for the "more effectual preventing the cutting of starr or bent." Of this latter statute, § 9. is in the following terms:

"And whereas, by an act made in Scotland in the year "1695, entituled, An act for preservation of meadows, &c. "lying adjacent to sand-hills, the pulling of bent is prohi"bited and restrained under the penalties mentioned in the "said act; and whereas the said act hath by experience been "found ineffectual for answering the purposes thereby in

"tended:" Be it therefore enacted, That if any bent shall be pulled or cut from any sand-hills in Scotland, either by the lord or owner thereof, or by any other person or persons whatsoever, such person or persons being convicted thereof shall be subject and liable to the like penalties and forfeitures, to be disposed of in such manner as in and by the said act is particularly mentioned and expressed; and if any bent, &c. shall be found in the custody or possession of any person or persons, within eight miles of any sand-hills in Scotland, such person or persons, being convicted thereof, shall be deemed, adjudged, and taken to be the puller or cutter of bent from such sand-hills, and shall be subject and liable as a puller of bent to the like penalties and forfeitures, to be disposed of in such manner as in and by the said act is particularly mentioned and expressed.

INCORPORATIONS.

To regulate the proceedings of certain public companies, to give legal efficacy to these proceedings,and to point out to the rest of the community how these incorporated societies may sue and be sued in a court of law, three statutes have been passed.

66

The statute 7. of Geo. III. cap. 48, "for regulat

ing the proceedings of certain public companies and "corporations carrying on trade or dealings with joint "stocks, in respect to the declaring of dividends; and "for further regulating the qualification of members "for voting in their respective general courts," is in

these terms:

"Whereas, by virtue of divers acts of Parliament, and of royal charters founded thereupon, certain public com"panies or corporations have been instituted for the purpose "of carrying on particular trades or dealings with joint "stocks; and the management of the affairs of such com"panies has been vested in their general courts, composed "of the members at large of such companies respectively; in "which general courts every member of each respective com

pany, possessed of such share in the stock of the company "as in and by the said acts of Parliament and charters is "limited with regard to each of the said companies respec❝tively, is qualified and entitled to give a vote or votes: "And whereas of late years a most unfair and mischievous "practice has been introduced of splitting large quantities "of stock, and making separate and temporary conveyances "of the parts thereof, for the purpose of multiplying or making occasional votes immediately before the time of de"claring a dividend, of choosing directors, or of deciding "any other important question; which practice is subver"sive of every principle upon which the establishment of "such general courts is founded, and, if suffered to become "general, would leave the permanent interest of such com

panies liable at all times to be sacrificed to the partial and "interested views of a few, and those perhaps temporary "proprietors:" Be it therefore enacted, That from and after the 1st day of August 1767, no member of any of the said public companies or corporations, instituted for the purpose aforesaid, shall be deemed qualified to vote, or be admitted to give any vote or votes, in any general court of any such company, in respect of any stock transferred to him, her, or them, after the said 1st day of August 1767, until he, she, or they shall have been possessed of such stock six calendar months; unless such stock shall have been acquired or shall have come by bequest, or by marriage, or by succession to an intestate's estate, or by the custom of the city of London,

ship existing in Scotland at the time of passing this act shall be held to be legal from and after the passing thereof, and shall be recognised as such in all courts of law or equity (throughout his Majesty's dominions,) and in all transactions in which they have been engaged antecedent to the passing of this act, or subsequent thereto.

III. And be it further enacted, That this act shall endure for twelve months from the passing thereof.

IV. Providing always, and be it enacted, That nothing herein contained shall in any way affect any question which may be in dependence before any court of law in the passing of this act, but such question shall be dealt with in all respects in the same manner as if this act had not been passed.

"to

And the act 7. of Geo. IV. cap. 67, " to regulate "the mode in which certain societies or copartnerships "for banking in Scotland may sue and be sued," is in these terms:

"I. Whereas the practice has prevailed in Scotland of "instituting societies possessing joint stocks, the shares of "which are either conditionally or unconditionally transfer"able, for the purpose of carrying on the business of bank"ing; and it is expedient that such society or copartner"ship should be enabled to sue and be sued in the name of "its manager, cashier or other principal officer;" Be it therefore enacted, That it shall and may be lawful for every such joint-stock society or copartnership, already established, or that may hereafter be established in Scotland for the purposes of banking, to sue and be sued in the name of the manager, cashier or other principal officer of such society or copartnership, provided that such joint-stock society or copartnership shall observe the regulations prescribed by this act.

II. And be it further enacted, That every such joint-stock society or copartnership already formed, shall, between the twenty-fifth day of May and the twenty-fifth day of July in

this and each succeeding year, and every such joint-stock society or copartnership hereafter to be formed shall, before such joint-stock society or copartnership shall begin to carry on business, and thereafter in each succeeding year, between the said twenty-fifth day of May and the twentyfifth day of July, cause an account or return to be made out according to the form contained in the schedule marked (A) to this act annexed, wherein shall be set forth the true names, title or firm of such intended or existing society or copartnership, and also the names and places of abode of all the members of such society, or of all the partners concerned or engaged in such copartnership, as the same respectively shall appear on the books of such society or copartnership, and the name or firm of every bank or banks established or to be established by such society or copartnership, and also the name and place of abode of the manager, cashier or other principal officer in the name of whom such society or copartnership shall sue and be sued, as herein-after provided, and also the name of every town and place where any of the bills or notes of such society or copartnership shall be issued by any such society or copartnership, or by their agent or agents; and every such account or return shall be delivered to the head collector of stamp-duties at the Stamp-office in Edinburgh, who shall cause the same to be filed and kept in the Stamp-office there, and an entry and registry thereof to be made in a book or books to be there kept for that purpose, and which book or books any person or persons shall from time to time have liberty to search and inspect, on payment of the sum of one shilling for every

search.

III. And be it further enacted, That such account or return shall be made out by the officer named as aforesaid, and shall be verified by the oath of such officer taken before any justice of the peace, and which oath any justice of the peace is hereby authorised and empowered to administer;