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 Award already made or hereafter to be made a Rent-charge shall have been agreed or awarded to be paid instead of the Tithes of any Parish, or instead of any of such Tithes, and shall not have been apportioned, it shall be lawful for the Person who under the Provisions of the said recited Acts would have been enabled in case such Agreement or Award had not been made to merge the 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 Tithes or Rentcharge in lieu thereof may be merged after Agreement or Award, but before Apportionment. Powers relating to the Merger, &c. of any Tithes may be executed by a Person entitled in Equity. 1 & 2 Vict. c. 64. as Part of the 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. XIX. And be it enacted, That all Powers relating to the Merger and Extinguishment of any Tithes, or Rent-charge instead thereof, may be executed by a Person entitled in Equity to such Tithes or Rent-charge in all respects and with the same Consequence as he could have done if he had been legally entitled thereunto; and 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. 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 of Her Majesty shall be construed with and as Part of the firstrecited Act as amended by the several Acts passed for the Amendment thereof and by this Act. Tithe Commutation Acts. Decisions con cerning Boun dary not appealed against to be valid not withstanding Informality. Glebe Lands may be exchanged although no Commutation be pending. XXI. And be it enacted, That in every Case in which the Judgment or Determination of the Commissioners or of any Assistant Commissioner already given respecting the Boundary of any Parish, Township, District, or Lands shall not have been removed into the Court of Queen's Bench by Certiorari within the 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. XXII. And be it enacted, That the Provisions of the said Act of the Session of Parliament holden in the Fifth and Sixth Years of the Reign of Her Majesty for the Exchange of Glebe Lands for other Lands shall authorize and be deemed to have autho. 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. CA P. LXXIV. An Act to encourage the Establishment of public Baths and W HEREAS it is desirable for the Health, Comfort, and 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 in England which is regulated under an Act passed in the Sixth Year of the Reign of His late Majesty, to provide for the Regulation 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. amended, &c. Act may be adopted in certain Boroughs and Parishes. 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 re pugnant to such Construction; that is to say, “Parish” shall mean every Place having separate Overseers of "Rate-payers" shall mean such of the Persons for the Time being "Overseers" shall mean also any Persons authorized and required 1 & 2 W. 4. c. 60. Council of any Borough may adopt the Pro visions contained in this Act, if they think fit. Expences of carrying this Act into execu tion shall be charged upon the Borough Fund, and Income arising carried to same. On the Requi sition of Ten Rate-payers, Churchwardens, &c. to convene Vestry Meet elected under an Act passed in the Second Year of the Reign of His late Majesty, intituled An Act for the better Regulation 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 requiring 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. III. And be it enacted, That the Council of any such Borough as aforesaid may, if they think fit, determine that this Act shall be adopted for such Borough, and then and in such Case such of the Provisions of this Act as are applicable in that Behalf shall thenceforth take effect and come into operation in such Borough, 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. IV. And be it enacted, That the Expences of carrying this Act into execution in any such Borough in which the Council shall have resolved to adopt this Act for their Borough shall be chargeable upon and paid out of the Borough Fund, and for that Purpose the Council may levy with and as Part of the Borough Rate, or by a separate Rate to be assessed, levied, paid, and recovered in like Manner and with the like Powers and Remedies in all respects as the Borough Rate, such Sums of Money as shall be from Time to Time necessary for defraying such Expences, and shall apply the same accordingly as if the Expence of carrying 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." V. And be it enacted, That upon the Requisition in Writing of Ten or more Rate-payers of any such Parish as aforesaid, not being within any such incorporated Borough, the Churchwardens or other Persons to whom it belongs to convene Meetings of the Vestry in such Parish shall convene a Meeting of the Vestry for the special Purpose of determining whether this Act shall be adopted adopted for the Parish, after public Notice of such Vestry, and ing to determine the Place and Hour of holding the same, and the special Purpose whether this Act thereof, given in the usual Manner in which Notice of the Meet. shall be adopted; ings of the Vestry is given at least Seven Days before the Day to be appointed for holding such Vestry; and if thereupon it shall and if adopted be resolved by the Vestry that this Act ought to be adopted for a Resolution to the Parish, a Copy of such Resolution extracted from the Minutes be sent to Secreof the Vestry, and signed by the Chairman, shall be sent to One tary of State, &c. of Her Majesty's Principal Secretaries of State for his Approval, and as soon as such Approval shall have been signified in Writing under the Hand of any such Secretary of State, such of the Provisions of this Act as are applicable in that Behalf shall thenceforth take effect and come into operation in the Parish: Provided No Resolution always, that no such Resolution of the Vestry shall be deemed to carried unless be carried unless at least Two Thirds of the Number of Votes given on the Question according to the usual Manner of voting at such Vestry shall have been given for such Resolution. Two Thirds vote for it. missioners, &c. VI. And be it enacted, That in such Case the Vestry shall Where Act appoint not less than Three nor more than Seven Persons, being adopted Vestry Rate-payers of the Parish, Commissioners for carrying this Act to appoint Com. into execution in the Parish, of whom One Third, or as nearly as may be One Third (to be determined among themselves), shall go out of Office yearly, but shall be eligible for immediate Reappointment. VII. And be it enacted, That any Commissioner may at any Resignation of Time resign his Office as a Commissioner on giving Seven Days Commissioners. Notice in Writing of his Intention to resign to the Clerk, and also to the Churchwardens. VIII. And be it enacted, That any Vacancies in the Commis- Vacancies to be sionership may be filled up by the Vestry when and as the Vestry filled by Vestry. shall think fit. IX. And be it enacted, That the Commissioners shall meet at Meetings of the least once in every Calendar Month at their Office, or some other Commissioners. convenient Place previously publicly notified. missioners. X. And be it enacted, That the Commissioners may meet at Special Meetsuch other Time as at any previous Meeting shall be determined ings of Comupon, and it shall be at all Times competent for any One Commissioner, by Writing under his Hand, to summon, with at least Forty-eight Hours Notice, the Commissioners for any special Purpose, therein named, and to meet at such Times as shall be therein named. Commissioners. XI. And be it enacted, That at all Meetings of the Commis- Quorum of sioners any Number not less than One Third of the whole Number Meetings of when more than Three Commissioners shall have been appointed, and when only Three Commissioners shall have been appointed then any Number not less than Two Commissioners, shall be a sufficient Number for transacting Business, and for exercising all the Powers of the Commissioners. XII. And be it enacted, That the Commissioners shall appoint, Commissioners and may remove at Pleasure, a Clerk and such other Officers and may appoint and Servants as shall be necessary for effecting the Purposes of this remove Officers Act, and, with the Approval of the Vestry, may appoint reasonable Salaries, Wages, and Allowances for such Clerk, Officers, and Servants, and, when necessary, may hire and rent a sufficient &c. |