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No. III. notice shall be given in the usual manner, at which vestry the trustees 2 W. 4, c. 42. of the said allotments may attend and vote, if they shall so think fit, and
at which vestry, or some adjournment thereof, any industrious cottager
exceeding one such acre, as the said vestry in their discretion shall Order of vestry determine, and upon the terms herein-before enacted; and the said to authorize oc- order of vestry shall be held to all intents and purposes to be a sufficient cupation. title and authority to such applicant to enter into the occupation of such
land at the time therein appointed.
the churchwardens and overseers of the poor, on behalf of the vestry, in
them at the end of the year's occupation.
either of them, with the consent of the vestry, may serve a notice to
the said notice has been duly served upon him.
the terms of this act, or if any other person or persons shall unlawfully over, by sum
enter upon or take or hold possession of any such land, it shall be lawmary process. ful for the churchwardens and overseers of the poor, or any or either of
them, to exhibit a complaint against the person so in possession of such
to the churchwardens and overseers of the poor, or to some of them. Arrears of rent VII. That all arrears of rent for the said portions of land shall be how to be re- recoverable by the churchwardens and overseers of the poor, or any of covered. them, on behalf of the vestry, by application to two of his Majesty's
justices of the peace in petty sessions assembled, who shall thereupon
the vestry in the purchase of fuel, to be distributed in the winter season
among the poor parishioners legally settled and resident in or near the No. III. said parish.
2 W.4, c. 42. IX. That if any of the said allotments shall be found to lie at an inconvenient distance from the residences of the cottagers, it shall be Power to exlawful for the vestry, by an order made to that effect, to let such allot- change, for ment, or any part thereof, for the best rent that can be procured for the greater convesame, and to hire in lieu thereof, for the purposes of this act, land of nience of cotequal value, more favourably situated.
tagers. X. That no habitations shall be erected on the portions of land de- habitations mised under this act, either at the expence of the parish or by the indi- to be erected. viduals renting the same.
XI. And whereas by two acts of the first and second years of the Extending reign of his present Majesty, intituled An Act to amend an Act of the Fifty- powers and ninth Year of His Majesty King George the Third, for the Relief and provisions of Employment of the Poor, and the other intituled An Act to enable the this act to 1 & 2 Churchwardens and Overseers to inclose Lands belonging to the Crown, for
W.4, c. 42 and the Benefit of poor Persons residing in the Parish in which such Crown land is situated, power is given under certain restrictions, to inclose any quantity not exceeding fifty acres of waste land and crown land respectively, for the use and benefit of the poor ; be it further enacted, That in any parish where such inclosure shall exist or shall hereafter take place, or where land shall in any other manner be found appropriated for the general benefit of the poor of any parish, then and in such cases the powers and provisions of this act shall be held to apply, in so far as the same may be found applicable.
[No. IV.) 3 & 4 W. IV. c. 35.–An Act to remedy certain
Defects as to the Recovery of Rates and Assessments made by Commissioners and other Persons under divers Inclosure and Drainage Acts after the Execution of the final Awards of the said Commissioners.
[24th July 1833.] WHEREAS divers acts of parliament have from time to time been
passed for the inclosure, drainage, and improvement of divers lands, commons, and waste grounds, wherein commissioners are empowered to set out and make private roads and drains, banks, bridges, sluices, and other works : and whereas it hath been discovered, since the passing of the said acts, that there are no powers therein for the recovery of the rates or assessments from time to time after the making of the respective final awards of the commissioners acting in execution of the said acts, under or by virtue of the said acts or the said awards, or under or by virtue of powers, authorities, or directions given or contained in the said acts or awards, for defraying the expences of repairing, superintending, or renewing the said roads, drains, banks, bridges, sluices, and other works, whereby great inconvenience and losses have been sustained for want of such powers: and whereas it is expedient that a summary mode of proceeding should be granted for the purpose of recovering and enforcing the payment of such rates or assessments ; for remedy whereof, may it please your Majesty that it may be enacted ; and be it enacted, &c. 'l'hat in all cases where no such remedy shall have Mode of probeen given, and where any such rate or assessment, rates or assessments, ceeding for realready made or hereafter to be made, or any part thereof, and whether covery of rates made at one time or at several times, shall have been or shall be in or assessments arrear and unpaid for the space of twenty-one days after a notice in in arrear where writing requiring payment thereof shall have been personally served on
no remedy hath or left at the place of abode of the person or persons, or one of the
been already persons, by whom the said rate or assessment, rates or assessments,
given. ought to be paid, or at the place of abode of the tenant or occupier of the lands or grounds in respect of which the said rate or assessment, rates or assessments, is or are made, it shall and may be lawful for any
two or more of his Majesty's justices of the peace acting for any county, 3 & 4 W. 4, riding, or division, in petty sessions assembled, (not interested in the c. 35.
matter in question, and who are hereby required, upon complaint made to them by the person or persons, or any one of the persons, to whom for the time being the said rate or assessment, or rates or assessments ought to be paid, or by the person or persons, or any one of the persons, who for the time being shall be duly appointed to make or collect such rate or assessment or rates or assessments, to summon the person or persons from whom any rate or assessment, rates or assessments, shall be due, and the witnesses on both sides, and upon the appearance or contempt of the party or parties accused, or any of them, to examine such party or parties and witness or witnesses as may be then present, upon oath (which oath such justices are hereby authorized and empowered to administer), and to give judgment accordingly upon the matters and things brought before them, and by warrant or warrants under the hands and seals of such justices to levy the amount of all and every such rate or assessment, rates or assessments, so in arrear and unpaid, by distress and sale of the goods and chattels of the person or persons so making default in payment of such rate or assessment, rates or assessments, wheresoever the same can or may be found, or of the occupier or occupiers of any lands or grounds belonging to such person or persons in respect of which such rate or assessment, rates or assessments, is or are made, which may be found on such lands or grounds, together with the reasonable costs and charges of such proceeding, rendering the overplus arising by such sale (if any), after deducting the sum or sums to be levied by such distress and sale, and the charges of taking, keeping, appraising, and selling the said distress, to the owner thereof (on demand); and the respective tenants of all the lands on which such distress shall be taken are hereby authorized and required to pay any sum of money for which such distress shall be made, and to deduct the same out of his, her, or their rent; and every tenant making such payment shall be acquitted, exonerated, and discharged for so
much money as shall be by him or her so paid : Provided always, that Limiting the re- no such levý by distress and sale shall be made in respect of any such covery to six
rate or assessment when more than six years shall have elapsed from years from period of rate
the time when such rate or assessment first became due, unless a probecoming due.
mise in writing to pay the said rate or assessment shall have been given by the person or persons liable to the payment thereof to some person duly authorized to receive the same; and when such promise has been given no such levy by distress or sale shall take place when more than six years shall have elapsed from the time that such promise was given : Provided also, that no such levy by distress and sale shall in any case exceed the amount of the rent due.
II. 'That the justices by whom any such warrant of distress shall be Form of war- issued may cause such warrant to be drawn up in the following form of rant of distress. words, or in any other form to the same effect ; (that is to say) "To the Constable of the
in the County
WHEREAS in and by a certain rate or assessment, to wit, dated the
and made for [here in substance describe the purposes of the rate] A. B. of in the parish of
in the county of was duly ‘rated and assessed in the sum of [if more than one rate or assessment, recite the others in the same manner]: and whereas it appeareth unto us, two (or more) of his Majesty's justices of the peace for the said (county, riding, or division, (as the case may be) upon the 'complaint of C. D. of
the person to whom the said rate or assessment ought to be paid, (or otherwise as the case may be,) that a ' notice in writing, requiring payment of the said sum (or şaid several ' sums), was personally served on the said A. B., (or left at the place of
* abode of the said A. B., or of the tenant or occupier of the lands or No. IV. ‘grounds,) to wit, on the
last, and that 3 & 4 W. 4, default has been made in payment thereof for the space of twenty-one
c. 35. days next after such notice so served (or left), and that the same sum ' (or several sums, or a certain part of such sum or sums, as the case may *be,) is (or are) still due and unpaid : and whereas it having been duly proved to us, upon oath, that the said A. B. hath been duly summoned to appear before us, the said justies, to show cause why the said rate or assessment (rates or assessments) should not be paid ; and he the said A. B. having appeared before us (or and he the said A. B. having * neglected to appear accordingly before us, as the case may be,) according 'to such summons, and not having shown to us any sufficient cause * why the said sum so as aforesaid due and unpaid should not be paid : 'these are therefore to require you forthwith to make distress of the 'goods and chattels of him the said A. B. wheresoever they may be 'found, or of the occupier or occupiers of the lands or grounds or
some part thereof belonging to the said A. B. in respect of which the * said rate or assessment (rates or assessments) is (or are) made, which 'may be found in and upon such lands or grounds; and if within 'the space of five days next after such distress by you taken, the 'sum of
and also the further sum of
being the costs already incurred in 'the premises, making together the sum of ' together with the reasonable charges of taking and keeping the said * distress, shall not be paid, that then you do sell the said goods and
chattels so by you distrained, and out of the money arising by such * sale that you detain the said sum of
and also your reasonable charges of taking, keeping, appraising, and selling the said distress, rendering to him the said A. B. the overplus, on demand. Given under our hands and seals this day of
one thousand eight hundred and thirty JII. That if any person or persons shall think himself, herself, or Appeal. themselves aggrieved by any thing done in pursuance of this act, then and in every such case he, 'she, or they may appeal to the next court of general quarter sessions of the peace which shall be holden not less than ten days after the cause of such complaint for the county, riding, division, or place wherein the cause of complaint shall have arisen ; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within eight days after such cause of complaint, and six clear days at the least before such sessions, and shall also enter into a recognizance within such six days, with sufficient surety, before a justice of the peace for the same county, riding, division, or place, conditioned to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be awarded by the court; and the court at such sessions shall hear and determine the matter of such appeal, and shall make such order therein, with or without costs to either party, as to the court shali seem meet.
Warrant not to IV. That no such warrant of distress or adjudication made on appeal be quashed for therefrom shall be quashed for want of form.
want of form. V. Provided always, That at the hearing of the said complaint and Rated persons appeal, or either of them, no person shall be an incompetent witness by not to be disreason of his or her being rated or liable to be rated to the said rate or qualified from assessment, rates or assessments.
giving evi. dence.
[No. V.] [3 & 4 W. IV. c. 87.An Act for remedying a
Defect in Titles to Messuages, Lands, Tenements, and Here-
[28th August 1833.]
writing, thereby directed to be formed and drawn up or made by the commissioner or commissioners appointed by or by virtue of such acts for executing the powers and authorities thereof respectively, are directed or required to be inrolled by or with the clerk of the peace of the county, riding, division, soke, or place in which the lands to which such acts respectively relate are situated, or in one of his Majesty's courts of record at Westminster, or in some other court, and, in certain of the said acts, within certain times mentioned in such acts next after the execution of such awards or instruments in writing respectively ; and in certain of the said acts new commissioners are directed to be appointed within certain times thereby respectively limited: And whereas in a great number of instances such awards or instruments in writing have not been inrolled, or have not been inrolled within the time directed or required by the several acts; and by reason of such omission the title to the messuages, lands, tenements, and hereditaments allotted, sold, divided, or exchanged under such acts respectively may be considered defective ; and in many instances new commissioners have not been appointed within the time directed by the several acts: And whereas it is expedient that provision should be made for remedy
ing such defects : may it therefore please your Majesty that it may All awards al- be enacted; and be it enacted, &c., That every award already made and ready made but executed under or in pursuance of any act of inclosure, and which has not inrolled
not been inrolled, or which has not been inrolled within the time shall, from the execution
limited by the act under or in pursuance of which such award shall thereof be as
have been made, shall from the time of the execution of such award be valid as if in- as good and valid and of the same effect in all respects as if such rolled within award had been inrolled in the manner, and within the time, if any, the time limited appointed and limited for that purpose in the act under or in pursuance by the act. of which the same has been made. Proprietors of
II. That where any award already made and executed under or in
pursuance of any act of inclosure has not been inrolled, it shall be lawcause awards 10 ful for any person or persons having or deriving title to any messuages, be inrolled. lands, tenements, and hereditaments under such award, at his, her, or
their expence, to require and cause such award, with any maps or plans
and perusal whereof no more than one shilling shall be paid ; and a Copy of any
copy of such award when so inrolled, or of any part thereof, signed by award so inroll- the proper officer of the court wherein the same shall be inrolled, or by ed and signed the clerk of the peace for such county, riding, division, soke, or place, by the proper officer to be de
or his deputy, purporting the same to be a true copy, shall from time
to time be made and delivered by such officer or clerk of the peace for
same, for which no more shall be paid than three-pence for every sheet