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WHHEREAS in certain Royal
and other Burghs (in Scotland) the Members of certain Guilds, Crafts, or
Incorporations possess exclusive Privileges of carrying on or dealing in
Merchandize, and of carrying on or exercising certain Trades or
Handicrafts within their respective Burghs ; and such Guilds, Crafts, or
Incorporations have corresponding rights, entitling them to prevent
Persons not being Members thereof from carrying on or dealing in
Merchandize, or from carrying on or exercising such Trades or
Handicrafts, within such Burghs: And whereas it has become expedient
that such exclusive Privileges and Rights should be abolished : 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,
That from and after the passing of this Act all such exclusive
Privileges and Rights shall cease, and it shall be lawful for any person
to carry on or deal in Merchandize, and to carry on or exercise any
Trade or Handicraft, in any Burgh and elsewhere in Scotland, without
being a burgess of such Burgh, or a Guild Brother, or a Member of any
Guild, Craft or Incorporation: Provided always, that in lieu of the
Stamp Duties of One Pound and Three Pounds now payable on the admission
of any Person as a Burgess, or into any Corporation or Company in any
Burgh in Scotland, for the Enrolment, Entry or Memorandum thereof in the
Court Books, Roll, or Record of such Corporation or Company, there shall
from and after the passing of this Act be paid on every such Admission a
Stamp Duty of Five Shillings.
II. And be it enacted,
That notwithstanding the Abolition of the said exclusive Privileges and
Rights all such Incorporations as aforesaid shall retain their Corporate
Character, and shall continue to be Incorporations, with the same Names
and Titles as heretofore ; and nothing herein contained shall anywise
affect the Rights and Privileges of such Incorporations, or of the
Office Bearers or Members thereof, except as hereinbefore enacted.
III. And whereas the
Revenues of such Incorporations as aforesaid may in some Instances be
affected, and the Number of the Members of such Incorporations may in
some Instances diminish, by reason of the Abolition of the said
exclusive Privileges and Rights, and it is expedient that Provision
should be made for facilitating Arrangements suitable to such
Occurrences ; be it therefore enacted, That it shall be lawful for every
such Incorporation from Time to Time to make all Bye-Laws, Regulations,
and Resolutions relative to the Management and Application of its Funds
and Property, and relative to the Qualification and Admission of
Members, in reference to its altered Circumstances under this Act, as
may be considered expedient, and to apply to the Court of Session, by
summary Petition, for the Sanction of the said Court to such Bye-Laws,
Regulations, or Resolutions; and the said Court, after due Intimation of
such Application, shall determine upon the same, and upon any Objections
that may be made thereto by Parties having Interest, and shall interpone
the Sanction of the said Court to such Bye-Laws, Regulations, or
Resolutions, or disallow the same in whole or in part, or make thereon
such Alterations, or adject thereto such Conditions or Qualifications,
as the said Court may think fit, and generally shall pronounce such
order in the whole Matter as may to the said Court seen just and
expedient; and such Bye-Laws, Regulations, or Resolutions, subject to
such Alterations and Conditions as aforesaid, shall be, when the
Sanction of the said Court shall have been interponed thereto, valid and
effectual and binding on such Incorpora.tions; Provided always, that
nothing therein contained shall affect the Validity of any Bye-Laws,
Regulations, or Resolutions that may be made by any such Incorporation
without the Sanction of the said Court, which it would have been
heretofore competent for such Incorporation to have made of its own
Authority or without such Sanction.
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