15 G. 2. (I.) 23 G. 2. (I.) 46 G. 3. c. 71. Courtesy, or in case of the Nonage, Idiotcy, or the Lunacy of 'such Person so seised in reversion or remainder, then with and ' by the Consent of the Guardian or Guardians of such Minor, or 'the Committee of such Idiot or Lunatic, by and with the Approbation of the Lord Chancellor, Lord Keeper or Commissioners of the Great Seal of this Kingdom, for the Time being, in the 'said Cases of Nonage, Idiotcy, or Lunacy, by Indentures under 'their respective Hands and Seals, whereof Counterparts are to 'be duly executed by the respective Lessees, to make and grant 'Leases, not exceeding the Term of Thirty-one Years, of all Mines and Minerals whatsoever which are already found or shall " or may hereafter be found and discovered within their respective 'Manors, Glebes, or Lands, so as the same be made to commence in possession, without any Fine or Income, or any other Con'sideration than the yearly Rent in such Lease or Leases reserved ' and mentioned, and so as the most improved Rent that can be reasonably gotten for the same be reserved upon every such 'Lease, and that such Rent be not less in Value than One Tenth 'Part or Share of the Ore to be dug and raised out of such Mines or Minerals, without any Regard had to the Charges and Expenses in digging, raising, and laying the same on the Bank, and < so as such Rent shall be reserved and made payable in and by 'such Leases to such Lessor or Lessors or such other Person and 'Persons as should from Time to Time during the Continuance ' of such Lease have been actually entitled by the Laws of this Kingdom to the Benefit of such Mines and Minerals in case this Act had not been made: And whereas by an Act passed in the Parliament of Ireland in the Fifteenth Year of the Reign of King George the Second, intituled An Act for explaining and amending an Act, intituled An Act for the further Encouragement of finding and working Mines and Minerals in this Kingdom,' the Provisions of the said Act of the Tenth Year ' of the Reign of King George the First were extended to Coal Mines: And whereas by an Act passed in the Parliament of 'Ireland in the Twenty-third Year of the Reign of King George the Second, intituled An Act for explaining and amending an "Act, intituled An Act for the further Encouragement of finding and working Mines and Minerals within this Kingdom,' the Provisions of the said recited Act of the Tenth Year of the 'Reign of King George the First are further extended, and the Persons and Parties therein mentioned are empowered to make Leases of Coal Mines for any Term or Number of Years not exceeding Forty-one Years, in possession, and not in reversion, at any Rent or Rents not less than Two-pence for every Ton of Coals which shall be raised and laid upon the Bank, without Fine or Income or any other Consideration than the yearly Rent ' reserved: And whereas certain of the said Acts were further 'amended by an Act of the Forty-sixth Year of the Reign of 'King George the Third, intituled An Act to amend several Acts 'for the Encouragement of finding and working Mines and "Minerals within Ireland; and it is expedient further to amend the Provisions of the said Acts, in relation to the Duration of the • Term and to the Rent to be reserved on Leases therein provided for: Be it therefore enacted by the Queen's most Excellent Majesty, and Leases of Forty-one 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 So much of of this Act so much of the said recited Act of the Tenth Year of recited Acts as King George the First, and of the said recited Acts amending the specifies a minisame, as limits the Term of such Leases to Thirty-one Years, and mun Rent as requires that the Rent reserved upon such Lease or Leases be Mines, or limits upon Leases of not less in Value than One Tenth Part or Share of the Ore to be the Term of dug and raised out of such Mines or Minerals, without any Regard such Leases to to the Charges and Expenses in digging and raising and laying Thirty-one the same on the Bank, and also so much of the said recited Act of Years, repealed; the Twenty-third Year of King George the Second, or of any Act Mines authoamending the same, as provides that the Rent or Rents reserved rized by the in any such Leases of Coal Mines as in the said Act mentioned said Acts may shall not be less than Two-pence for every Ton of Coals which be made for shall be raised and laid upon the Bank, shall be and the same is and are hereby repealed; and that it shall be lawful for all and Years, so as the best improved every the respective Person or Persons, Bodies Politic or Corporate, Rent that can empowered to make Leases by the said recited Acts respectively, be reasonably or by any of them, and they and every of them are hereby em- gotten be repowered, in like Manner as in the said Acts respectively mentioned, served, &c. to make and grant for any Term of Years not exceeding Fortyone Years any such Lease or Leases as is or are authorized by the said recited Acts or any of them to be made for a Term not exceeding Thirty-one Years, or any Term therein mentioned, so as every such Lease be made to commence in possession, without any Fine or Foregift or any other Consideration than the yearly Rent or other Return in the Nature of Rent in such Lease or Leases reserved and mentioned, and so as the best and most improved Rent or other Return in the Nature of Rent, whether in Money or in Kind, that can be reasonably gotten for the same, be reserved upon every such Lease, and so as such Rent or Return in the Nature of Rent shall be reserved and made payable in and by every such Lease to such Lessor or Lessors, or such other Person and Persons as should from Time to Time during the Continuance of such Lease have been actually entitled by Law to the Benefit of such Mines and Minerals in case the said recited Acts and this Act had not been passed, and so as in every such Lease there be contained a Condition for Re-entry on Nonpayment of the Rent or Return in the Nature of Rent to be thereby reserved, and so as every such Lessee do execute a Counterpart of his Lease; and the several Clauses and Provisions of the said recited Acts now in force, and not hereby altered or repealed, shall, so far as the same are respectively applicable, and not repugnant to this Act, be construed to extend to such Leases as are hereby authorized. II. And be it enacted, That it shall be lawful for any Trustee or Trustees, &c. Trustees, Feoffee or Feoffees, for any charitable or other Purposes, of any Freehold or Feme Coverte or Infant, of any Freehold Estate in any such Estate in Mines Mines or Minerals as aforesaid, or of any Estate therein (other may make Leases for 41 than a Lease at Rack Rent) created for a Term of Years not exYears upon like ceeding Fifty Years unexpired, or determinable upon the Fall of Terms as hereinany Life or Lives, or upon the Execution of any Trusts mentioned before provided. in any Deed or Assurance creating such Term, and also for any Trustee or Trustees of any such Estate or Interest who shall be in the Leases under recited Acts may be surrendered, and re-granted. Act may be amended, &c. 5 & 6 W. 4. c. 76. the actual Possession of such Mines or Minerals, or the Rents and Profits thereof, or in receipt of the Rents payable by the Tenants thereof, on behalf of their respective Cestuique Trusts or such Feme Coverte or Infant as aforesaid, to make any Lease or Leases of the same, and of Lands contiguous thereto, as in any of the said recited Acts specified, for any Term of Years not exceeding Fortyone Years, upon like Terms and Conditions as herein-before provided as to the Leases hereby authorized. III. And be it enacted, That it shall be lawful for any of the said respective Persons, Bodies Politic or Corporate, herein-before mentioned, to accept a Surrender or Surrenders of any existing Lease or Leases made under the Authority of the said recited Acts or any of them, and thereupon to make and grant a Lease or Leases of the same Mines or Minerals under the Provisions of this Act. IV. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. CA P. XIV. An Act for authorizing a Borough Police Superannuation Fund. [22d April 1848.] WHEREAS an Act was passed in the Sixth Year of the Reign of His late Majesty, intituled An Act to provide 'for the Regulation of Municipal Corporations in England and "Wales, whereby the Council to be elected for any Borough within the Provisions of the said Act was directed to appoint a Watch 'Committee, and such Committee was directed to appoint from Time to Time, as Occasion should require, a sufficient Number ' of fit Men to act as Constables for preserving the Peace by Day ' and by Night, which Constables are usually called the Police 6 Force of such Borough; and the said Watch Committee was thereby authorized to frame Regulations for rendering such Con'stables efficient in the Discharge of their Duties; and the Treasurer of each Borough was thereby directed to pay to such Con 'stables such Salaries, Wages, and Allowances as such Watch Committee, with the Approbation of the Council, should order to be paid, or as a Compensation for Wounds or severe Injuries received in the Performance of their Duty, or as an Allowance 'to such of them as should be disabled by bodily Injury received, or be worn out by Length of Service: And whereas it might tend to the Encouragement of such Constables to continue in such Service, and to behave themselves in an orderly Manner, ' if the Council were enabled to establish a Superannuation Fund ' in each Borough, from which Fund each Police Constable, the Events hereafter mentioned, shall be entitled to have and receive the Allowance herein-after mentioned, independently of any Payment that may be awarded to him under the Provisions of the Act above mentioned:' Be it 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 Par liament assembled, and by the Authority of the same, That it shall Boroughs may establish Police be lawful for the Town Council of any Borough within the ProSuperannuation visions of the said Act, or subsequently incorporated, if it see fit, Councils of Funds. on to to declare that a Police Superannuation Fund shall be established in such Borough, and thereupon such Police Superannuation Fund shall be established accordingly, and the Provisions of this Act shall thenceforth be in full Force and Effect. Contributions II. And be it enacted, That there shall be thenceforth deducted Superannuation from the Pay of every Constable belonging to the Police Force of Funds to be such Borough, either as Superintendent or Head Officer of the supported by Police, or as Inspector, Acting Inspector, Serjeant, or Private of the Police Constable, or Clerk, a weekly Sum, as nearly as may be equal to Force, &c.; One Thirty-sixth Part of his weekly Pay and Emoluments (Clothing excepted), which said Sums shall be so deducted from every Constable holding any such Office, Rank, or Situation respectively, by whatever Name or Title they may respectively be denominated in such Force; which Sums so deducted, and also all Monies accruing from Fines imposed on any of the Constables for Misconduct, and all Monies arising from the Sale of worn or cast-off Clothing supplied for the Use of the Police, and all Monies paid for the Service of Summons or Orders and Execution of Warrants by the Police, shall from Time to Time be paid into a separate Fund of such Borough, to be called the "Police Superannuation Fund;" and such Fund, and the Accounts thereof, shall be kept and to be kept separate from the Borough Fund, but shall be in all respects separate from managed and audited like the other Funds of such Borough, and Borough Fund. shall be from Time to Time applied in Payment of such Superannuation or Retiring Allowances to Police Constables as herein ances. after mentioned; (that is to say,) if he shall have served as Police Rates of SuperConstable in the said Police Force for Fifteen Years successively annuation or as a Private Police Constable, or as Serjeant or Inspector, Acting Retiring AllowInspector, Superintendent, or Head Officer, or any or all of those Ranks, he shall be entitled then to retire on a yearly Superannuation Allowance of an Amount equal to Half his full Pay; but if he shall then be able and willing to continue to serve as a Police Constable, and the Watch Committee shall consent thereto, he shall then receive his full Pay as a Constable from the Borough Fund, and also One Third, but no more, of the above-named Allowance from the Superannuation Fund; and when he shall have served as aforesaid for Twenty Years he shall be entitled to retire on a yearly Pension equal to Two Thirds of his full Pay; but if he shall then be able and willing still to serve as a Police Constable, and the Watch Committee shall consent thereto, he shall then receive his full Pay as a Constable from the Borough Fund, and also One Third Part, and no more, of the said last-named Allowance from the Superannuation Fund; and if at any Time any Police Constable so entitled to a retiring Pension, but receiving a reduced Pension, while continuing to serve as a Constable, shall retire from he would have been entitled to receive had he not continued so to serve: Provided always, that if any Police Constable who shall Rate of Superhave served the necessary Period before Superannuation shall have annuation Allowance shall be granted to him for a like Number of Years different Ranks. served in different Ranks or Capacities, his Superannuation where Constable respectively in which he served in such several Ranks or Capacities, according to the Rate of Pay of each of the said several Ranks or Capacities. III. And has served in No Superannuation under 50, unless unfit for Service. Superannuation may be ordered by Watch Committee, on Certificate of III. And be it enacted, That no Police Constable shall be entitled to be superannuated who is under Fifty Years of Age, unless he be reported, in Writing, by the Surgeon to the Police Force, to be unfit for further Service in the Force from Infirmity of Body or Mind. IV. And be it enacted, That if any Party shall have served with Diligence and Fidelity in the Police Force for Ten Years successively, and from Injury received in the Service, or from Infirmity of Mind or Body, shall become incapable of discharging the Duties Police Surgeon, of his Office, and such last-named Circumstance shall be certified by the Police Surgeon for the Time being, thereupon it shall be lawful for the Watch Committee to order such Constable to be superannuated, and to receive out of the Police Superannuation Fund any Superannuation Allowance which such Watch Committee shall see fit to order, not exceeding Half his full Pay as before mentioned. Constables dismissed or retiring to forfeit Claim to Super annuation, &c. Monies paid to Fund to be employed in Fund, &c. V. And be it enacted, That nothing herein contained shall be construed so as to prevent the Dismissal of any Police Constable, who shall thereupon, or upon his retiring from the said Police Force, forfeit all Claim upon the Superannuation Fund; but if restored to the said Police Force, the Watch Committee may, if it see fit, at any Time make an Order enabling him to have the Time of his former Service reckoned in as Time served in respect of Superannuation, and thereupon it shall be so reckoned accordingly. VI. And be it enacted, That, until the Town Council of such Superannuation Borough shall otherwise direct, the Monies belonging to such Superannuation Fund shall be paid over to the Treasurer of the Borough, and employed in aid of the Borough Fund, and such aid of Borough Borough Fund shall be liable and answerable for the Amount thereof and of every Part thereof, when and as the same shall become liable under the Provisions hereof, and for all Accumulations and Interest thereon, after the yearly Rate of Five Pounds in the Hundred Pounds; and a separate Account shall neverthe less continue to be kept and audited, and a Debtor and Creditor Account kept, of all Receipts and Payments made as between the Power to Town Borough Fund and Police Superannuation Fund: Provided always, that it shall be lawful for the Town Council to order the same or any Part thereof to be invested in Government Stock or Real Security in the Name of "The Treasurer of the Borough of [here insert the Name of the Borough] for the Time being;" and immediately upon such Investment, so long as the same shall remain so invested, the Borough Fund shall cease to be liable for the Monies so invested, or any Interest thereon, but the Dividends on such Stock shall from Time to Time be received by such Treasurer, and shall be by him carried to the Credit of such Superannuation Fund; and it shall be lawful for the said Council at any Time to order the said Treasurer to re-sell such Funds, and place the Produce thereof again in the Borough Fund, subject to the like Rules as before mentioned. Council to invest Monies in Government Securities; and to re-sell and replace same in Borough Fund. This Act may Funds. the |