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and Apportionment, when confirmed by the Commissioners under their Hands and Seal, shall take effect from the half-yearly Day of Payment which shall happen next after the Confirmation
thereof. Commissioners XVI. And be it enacted, That where by any confirmed Agreeempowered to ment or Award a Rent-charge shall have been agreed or awarded declare that
to be paid instead of the Tithes of any Parish, or of any of such Lands to which Doubts have
Tithes, and before the Apportionment of such Rent-charge shall arisen, shall be have been confirmed, it shall appear to the Commissioners that considered a by reason of any Question or Doubt which after the Confirmation separate Dis. of such Agreement or Award shall be raised or shall exist in
respect of any actual or supposed Exemption from Tithes, Modus, mutation, and the Residue of Composition real, or prescriptive or customary Payment, applithe Parish to cable only to a Part of the Lands in such Parish, or by reason of remain subject any other Question or Doubt whatsoever applicable only to a Part to the original of the Lands in such Parish, or by reason of any Question or Award.
Doubt touching the Boundaries of such Parish, it cannot be imme. diately ascertained whether the Agreement or Award might require any and what Rectification in respect of the Matters to which such Question or Doubt shall relate, it shall be lawful for the Commissioners by a separate Award by way of Supplement to the Agreement or Award to declare that the Lands to which such Doubt or Question shall be applicable shall be considered a separate District for the Commutation of the Tithes thereof, and that the Residue of the Parish, or the Parish exclusively of the Lands to which the Question or Doubt touching Boundaries may be applicable, shall remain subject to the Agreement or original Award with such Variation as in the Award by way of Supplement shall be directed ; and the Commissioners, in case they shall find that in estimating or fixing the Amount of the Rent-charge so agreed or awarded to be paid any Sum was included or added in respect of the Lands which they shall have directed to be considered a separate District, shall declare what Sum was so added, and shall direct the Residue of the Rent-charge, after deducting such Sum, to be apportioned on the Lands composing the Residue of the Parish, or on the Parish exclusively of the Lands which they shall have formed into a separate District ; but if they shall find that by reason of Exemption or supposed Exemption or other: wise no Sum was so included or added in respect of the Lands which they shall have formed into a separate District, they shall direct the whole of such Rent-charge to be apportioned on the Lands comprising the Residue of the Parish, or on the Parish exclusively of the Lands which they shall have formed into a separate District; and all Awards by way of Supplement under this Section shall be subject to the Provisions of the said Act of the Session of Parliament holden in the Second and Third Years of the Reign of Her Majesty, concerning the separate Awards by
way of Supplement to a parochial Agreement or Award. Place of De
XVII. And be it enacted, That where the Place of Deposit of of Copy of the Copy of a confirmed Instrument of Apportionment which by confirmed Ap
the said Act of the Session of Parliament holden in the Sixth and portionment may be altered Seventh Years of the Reign of King William the Fourth is by Quarter directed to be deposited with the Incumbent and Church or Chapel Sessions. Wardens for the Time being, or such other fit Person as the Com
missioners missioners shall approve, shall be alleged to be inconvenient to the Majority of the Persons interested therein, or otherwise inconvenient or unsafe, it shall be lawful for any person interested in the Lands or Rent-charge to which such Apportionment shall relate to apply to the Court of General Quarter Sessions of the Peace for the County, Riding, Division, or Place in which such Place of Deposit shall be situate for an Order for the Deposit of such Copy in some more convenient or secure Custody or Place, and Fourteen Days Notice in Writing of every such Application shall be given to the Persons in whose Custody such Copy shall at the Time of such Application be deposited ; and it shall be lawful for the Court at the Quarter Session for which such Notice shall be given to hear and determine such Application in a summary Way, or they may, if they think fit, adjourn it to the following Session; and upon the hearing of such Application, the Court may, if they think fit, order such Copy to be removed from the Custody of the Persons with whom the same shall have been deposited, and to be deposited with such other Persons or in such other Custody as the Court, having reference to the Security and due Preservation of such Copy, and to the Convenience of the Parties interested therein, may think fit, and may make such Order concerning the Notice to be given of such Removal and Deposit, and concerning the Costs of such Application, or of any Opposition thereto, as they may think reasonable.
XVIII. And be it enacted, That where by any Agreement or Tithes or RentAward already made or hereafter to be made a Rent-charge shall charge in lieu have been agreed or awarded to be paid instead of the Tithes of the any Parish, or instead of any of such Tithes, and shall not have Agreement or
merged after been apportioned, it shall be lawful for the Person who under the Award, but beProvisions of the said recited Acts would have been enabled in fore Apportioncase such Agreement or Award had not been made to merge the ment. Tithes in lieu of which such Rent-charge shall have been agreed or awarded to be paid, or such of the same Tithes as were payable out of Part of the said Lands, by any Deed or Declaration, to be made in such Form as the Commissioners shall approve, and to be confirmed under their Hands and Seal, to declare that the Tithes which he would have been so entitled to merge shall, so far as respects all the Lands, or, if he shall think fit, so far as respects only any specified Part of the Lands out of which the same were payable, and the Rent-charge or Portion of Rent-charge which shall have been awarded or ought to be apportioned in lieu thereof on such Lands, or specified Parts of such Lands, as the Case may be, shall be merged, and such Merger shall take effect accordingly; and in case such Merger shall extend to all the Lands which would have been chargeable with such Rent-charge, no Apportionment of such Rent-charge shall be made under the Provisions of the said recited Acts; but in case such Merger shall extend to Part only of the Lands which would have been chargeable with such Rent-charge, then such Portion of the Rent-charge shall be apportioned among the other Lands which would have been chargeable with such Rent-charge as such other Lands would have been subject to in case such Merger had not taken place; and the Owner of the Land to which such Merger shall extend shall pay such Portion of the Expences of or incident to the Apportionment as H h 4
the Commissioners or any Assistant Commissioner may under the special Circumstances order to be paid by such Owner, instead of the rateable Proportions to which he would have been liable in case
the whole of such Rent-charge had been apportioned. Powers relating XIX. And be it enacted, That all Powers relating to the Merger to the Merger, and Extinguishment of any Tithes, or Rent-charge instead thereof, &c. of any Tithes may be
be may be executed by a Person entitled in Equity to such Tithes or executed by a
Rent-charge in all respects and with the same Consequence as he Person entitled could have done if he had been legally entitled thereunto; and in Equity. every Instrument already executed and purporting to be made in
pursuance of the Powers of the said Acts or any of them by any Person so entitled in Equity shall in every respect be as effectual and have the same Consequence as if he had been legally entitled to the said Tithes or Rent-charge at the Time of the Execution of such Instrument, subject nevertheless in every Case to any Charge, Incumbrance, or Liability which lawfully or equitably existed on such Tithes or Rent-charge to the Extent of the Value of such Tithes or Rent-charge; and any such Charge, Incumbrance, or Liability shall have such Priority, and the Lands and the Owners thereof for the Time being shall be liable in the same Manner in respect of such Rent-charge, Incumbrance, or Liability, or of any Penalty or Damages for Nonpayment or Nonperformance thereof respectively, as by the said Act of the Session of Parliament held in the Second and Third Years of the Reign of Her present Majesty is provided in the Case of such Merger or Extinguishment as therein mentioned; and every Instrument purporting to merge any Tithes or Rent-charge, and made with the Consent of the said Commissioners before the passing of this Act, shall be hereby absolutely confirmed and made valid both at Law and in Equity in all respects, subject nevertheless to any Charge, Incumbrance,
or Liability in all respects as is lastly herein-before provided. 1 & 2 Vict. c.64. XX. And be it enacted, That the said Act of the Session of to be construed Parliament holden in the First and Second Years of the Reign as Part of the
of Her Majesty shall be construed with and as part of the firstTithe Commutation Acts.
recited Act as amended by the several Acts passed for the Amend.
ment thereof and by this Act. Decisions con- XXI. And be it enacted, That in every Case in which the cerning Boun. Judgment or Determination of the Commissioners or of any dary not ap
Assistant Commissioner already given respecting the Boundary of pealed against to be valid noto any Parish, Township, District, or Lands shall not have been rewithstanding moved into the Court of Queen's Bench by Certiorari within the Informality. Time limited in that Behalf, such Judgment or Determination shall
be valid and conclusive notwithstanding any Want of Form in such Judgment or Determination, or in the Award in which the same may be set forth, and although it may not appear on the Face of such Award, Judgment, or Determination, or otherwise, that the Commissioners or Assistant Commissioner had Jurisdiction in
relation to such Boundary. Glebe Lands XXII. And be it enacted, That the Provisions of the said Act may be ex of the Session of Parliament holden in the Fifth and Sixth Years changed al.
of the Reign of Her Majesty for the Exchange of Glebe Lands though no Com
for other Lands shall authorize and be deemed to have autho. mutation be pending.
rized the Exchange of Glebe Lands for other Lands, although at the Time of such Exchange, or of the Applications in relation
thereto, thereto, no Proceedings for or concerning the Commutation of Tithes in the Parish in which such Glebe Lands may be situate shall have been pending, and whether the Commutation of Tithes in such Parish shall or shall not have been completed.
XXIII. And be it enacted, That this Act shall be construed Construction of with and as part of the first-recited Act as amended by the several Act. Acts passed for the Amendment thereof and by this Act.
XXIV. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, &c.
CA P. LXXIV.
[26th August 1846.] "W HEREAS it is desirable for the Health, Comfort, and
W Welfare of the Inhabitants of Towns and populous Dis. (tricts to encourage the Establishment therein of public Baths • and Wash-houses and open Bathing Places :' 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 Parliament assembled, and by the Authority of the same, That this Act may be adopted for any incorporated Borough Act may be in England which is regulated under an Act passed in the Sixth adopted in cerYear of the Reign of His late Majesty, to provide for the Regu- tain Boroughs
and Parishes. lation of Municipal Corporations, or any Charter granted in pursuance of the said Act, or any Act passed for the Amendment · thereof, and also, with the Approval of One of Her Majesty's
Principal Secretaries of State for any Parish in England not within any such incorporated Borough.
II. And be it enacted, That in this Act the following Words Interpretation and Expressions shall have the several Meanings hereby assigned of Act. to them, unless there be something in the Subject or Context repugnant to such Construction; that is to say, “ Parish ” shall mean every Place having separate Overseers of
the Poor, and separately maintaining its own Poor : “ Borough ” shall mean City, Borough, Port, Cinque Port, or
Town Corporate :
assessed to and paying Rates for the Relief of the Poor of
vote for the Election of Overseers for the Parish :
sons discharging the Duties of Churchwardens :
to make and collect or cause to be collected the Rate for the
of the Poor :
assembled in Vestry, or for any of the Purposes for which
elected under an Act passed in the Second Year of the Reign 1 & 2 W. 4.
of His late Majesty, intituled An Act for the better Reguc. 60.
lation of Vestries, and for the Appointment of Auditors of Accounts, in certain Parishes of England and Wales, or elected under the Provisions of any local Act of Parliament for the Government of any Parish by Vestries, in which
Parishes it shall mean such Select Vestry : “ Commissioners ” shall mean the Commissioners appointed in
accordance with this Act for any Parish, and for the Time being
in Office and acting as such Commissioners : “ Clerk ” shall mean, as regards an incorporated Borough, the
Town Clerk of such Borough ; and, as regards a Parish, the
Clerk appointed pursuant to this Act by the Commissioners : “ Justice” shall mean Justice of the Peace for the County, Riding,
Division, Liberty, Borough, or Place where the Matter re
quiring the Cognizance of Justices shall arise : “ Lands ” shall mean Lands, Tenements, and Hereditaments, of
whatsoever Nature or Tenure : Words importing the Masculine Gender shall include the Feminine: Words of the Plural Number shall include the Singular, and Words
of the Singular Number shall include the Plural. Council of any
III. And be it enacted, That the Council of any such Borough Borough may as aforesaid may, if they think fit, determine that this Act shall adopt the Pro- be adopted for such Borough, and then and in such case such visions contained in this
of the Provisions of this Act as are applicable in that Behalf shall Act, if they
thenceforth take effect and come into operation in such Borough, think fit. and this Act shall be carried into execution in such Borough in
accordance with such Provisions and the Laws for the Time being
in force relating to the Municipal Corporation of such Borough. Expences of IV. And be it enacted, That the Expences of carrying this carrying this Act into execution in any such Borough in which the Council Act into execu- shall have resolved to adopt this Act for their Borough shall be tion shall be charged upon
chargeable upon and paid out of the Borough Fund, and for that the Borough Purpose the Council may levy with and as Part of the Borough Fund, and In- Rate, or by a separate Rate to be assessed, levied, paid, and recome arising covered in like Manner and with the like Powers and Remedies carried to same. in all respects as the Borough Rate, such Sums of Money as
sball be from Time to Time necessary for defraying such Expences, and shall apply the same accordingly as if the Expence of carry. ing this Act into execution were an Expence necessarily incurred in carrying into effect the Provisions of the said Act of the Sixth Year of the Reign of His late Majesty ; and the Income arising from the Baths and Wash-houses and open Bathing Places in any Borough shall be paid to the Credit of the Borough Fund thereof, and the Council shall keep distinct Accounts of their Receipts, Payments, Credits, and Liabilities, with reference to the Execution of this Act, to be called “ The public Baths and Wash-houses
Account.” On the Requi V. And be it enacted, That upon the Requisition in Writing of sition of Ten Ten or more Rate-payers of any such Parish as aforesaid, not Rate-payers, being within any such incorporated Borough, the Churchwardens Churchwardens, &c.
or other Persons to whom it belongs to convene Meetings of the
Vestry in such Parish shall convene a Meeting of the Vestry for Vestry Meet. the special Purpose of determining whether this Act shall be