Α BILL [AS AMENDED BY THE SELECT COMMITTEE] For making Preliminary Inquiries in certain HEREAS Whereas it is expedient that facilities should be given Preamble. for procuring more complete and trustworthy information previous to inquiries before either House of Parliament, on applications in certain cases for Local Acts; BE it therefore Enacted, by The 5 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 in any case where it is intended to make an application to Parliament for an Act for the establishment of any waterworks, or for 10 draining, paving, cleansing, lighting or otherwise improving any town, district or place, or for making, maintaining or altering any burialground or cemetery, or for continuing, altering or enlarging any of the powers or provisions contained in any Act or Acts relating to any of the purposes aforesaid, a notice, in writing, of such intention to 15 apply to Parliament in the next ensuing Session for an Act for any of the above objects, shall, on or before the last day of November, or in case such day shall fall on a Sunday, then on the day preceding, in each year, be sent or delivered to the office of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works and Buildings; 20 and such notice shall be signed by the promoters of such intended work or by some person duly authorized on their behalf, and shall be accompanied by a statement of the intended objects and provisions of the proposed Act, and with such plans, sections, books of reference or other documents, if any, as are required by the Standing Orders of either House of Parliament to be deposited at any public office. 658. And }. Notice to be given to the Commis sioners of Woods, Forests, &c., to apply for Parliament. of intention an Act of 2. Commis sioners of Woods, Forests, &c. to appoint officer to make preliminary inquiry, and to upon to Parliament. And be it Enacted, That, in any case where such notice as aforesaid shall have been given to the said Commissioners, it shall be lawful for the said Commissioners, on being satisfied with the security for payment of the expenses as hereinafter provided, within One calendar Month from the time of their receiving such notice, to appoint, 5 report there by writing under their hands, a person of competent skill to be a surveying officer for that purpose, who shall proceed to such town, district or place, and make such local examination and survey of the district which such proposed Act will effect, and of the neighbourhood thereof, and such inquiries relative to the extent of the pro- 10 visions of the proposed Act, and investigate such other matters relating thereto, as the said Commissioners shall order; and after such examination the said Commissioners shall report thereupon to both Houses of Parliament within One calendar Month after the meeting thereof. 3. Notice of inquiry to be given by surveying officer. 4. Power to summon certain per sons, and to oath. 15 And be it Enacted, That such surveying officer shall give Fourteen Days' public notice of the time and place when and where he will attend within such town, district or place for the purpose of making such examination by advertisement in the public papers usually circulated in the town, district or place, or by affixing such notice on the 20 public buildings or places where public notices are usually affixed, or in such other manner as shall appear to him sufficient to make his appointment generally known in such town, district or place. And be it Enacted, That such surveying officer shall be empowered to summon before him the promoters of such intended work or any 25 examine upon person on their behalf, or any person or persons whose name or names shall be signed to any notice of an intended application to Parliament sent or delivered to the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works and Buildings, under the provisions of this Act, and to require them to produce copies of all 30 such surveys, plans, sections, estimates and other documents, relating to such intended application as are ordered to be deposited at any public office, in compliance with any Standing Orders of the House of Commons, and such surveying officer may require any overseer or other person having the custody of any map or survey made in pursuance of the provisions of any Act of Parliament, or of any book containing any rate made for the relief of the poor in any parish, or for any purpose or place wholly or in part within any district over which such examination shall extend, to produce such map, survey or book, and to allow the same to be inspected by such surveying officer, and such surveying officer shall have power to administer an oath to such overseers, or other persons, and to the promoters, and to any other persons examined on their behalf, and to any persons who may present themselves before such surveying officer for examination by him; and all such persons so examined shall be required to answer 35 40 5 answer upon oath all such questions as may be put to them by such surveying officer, touching any matter upon which such surveying officer may deem it necessary to examine such persons, in pursuance of the duties imposed upon him under the authority of this Act; and such any person being duly summoned by such surveying officer who shall wilfully neglect or refuse to attend such summons, or to produce such plans, sections, maps, books or other documents, as he may be required to produce under the provisions herein before contained, or to answer upon oath such questions as may be put to 10 him by such surveying officer, shall be liable to forfeit and pay a penalty not exceeding Five Pounds. And be it Enacted, That such penalty may be recovered before any Two or more Justices having jurisdiction within such town, district or place, and on conviction of the offender, and in default of pay15 ment of any such penalty, such Justices shall be empowered to cause the same to be levied by distress and sale of the goods and chattels of the offender by warrant under their hands and seals; and such penalty shall be paid to the Overseers of the parish or township within which such conviction shall take place, in aid of the rate for the relief 20 of the poor. And be it Enacted, That all the costs, charges and expenses attending the said local examination and survey, together with such sums as the said Commissioners shall fix for the remuneration of the said surveying officer, shall be paid by the promoters of the said intended 25 application, and the amount of such expenses shall in all cases be ascertained by the said surveying officer; and it shall be lawful for the said Commissioners, previous to the appointment of any such surveying officer, to make an examination under the provisions hereinbefore contained, to require the said promoters to deposit any sum of 30 money, or to give such other security for the payment of the said costs, charges and expenses, as to the said Commissioners shall seem fit and the certificate of the said surveying officer, certifying the amount of expenses so incurred in such local examination, shall be taken as proof in all proceedings at law and in equity of the amount of the 35 costs incurred in such examination. 40 tion of Act. And be it Enacted, That in this Act the following words and ex- Interpretapressions shall have the several meanings hereby assigned to them, unless there is something in the subject or context repugnant to such construction; (that is to say) Words importing the singular number shall include the plural 658. And 8. Duration of Act. 9. Act may be altered this Session. And be it Enacted, That this Act shall continue in force until the Thirty-first day of August One thousand eight hundred and Fortyseven, and from thence until the End of the then next Session of Parliament. And be it Enacted, That this Act may be amended or repealed by 5 any Act to be passed in this present Session Parliament. of |