Mortgages and Annuities. Act of 1848 think fit, by their Order direct which, if any, of their Officers shall be called Engineers, and which, if any, of their Officers shall be called Surveyors. XVII. And be it enacted, That the Commissioners may borrow Money to pay off any Debt not actually due, or for redeeming Annuities, or otherwise, as they may deem beneficial; and the Commissioners may, for the Purpose of raising Money, instead of making Mortgages under the said Act, grant Annuities for Lives or Years, to be paid out of the Rates, as they think fit; and, notwithstanding any Act shall not pass for the Renewal of the said Act, any Mortgage or Annuity granted or Liability contracted by the Commissioners shall after the Expiration of the said Act be valid and in full Force; and the Justices of the several Counties of Middlesex, Surrey, Kent, and Essex, in Quarter Sessions assembled, shall, as to the Parts within the Limits of the Commissions subject to their respective Jurisdictions, make such Rate for the Payment of the Monies from Time to Time due on such Mortgages and Annuities and Liabilities as the Commissioners might make if the Commission under the said Act had continued in full Force. XVIII. And be it enacted, That the Metropolitan Sewers Act, and this Act to 1848, as amended by this Act, and this Act, shall be One Act, and shall be put in execution accordingly. be One Act. Confirmation of certain Provisional Orders of the General Board of Health. First Election CA P. XCIV. An Act for confirming certain Provisional Orders of the W HEREAS the General Board of Health have, in pursuance of the Public Health Act, 1848, made, published, and 'deposited, according to the Provisions of the Act, certain Provisional Orders mentioned in the Schedule to this Aet annexed, and it is expedient that the said Orders should be confirmed:' Be it therefore 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 the Provisional Orders of the General Board of Health referred to in the Schedule to this Act annexed shall be and the same are hereby confirmed, and shall from and after the passing of this Act be absolute, and be as binding and of the like Force and Effect as if the Provisions of the same had been expressly enacted in this Act. II. And be it enacted, That the First Election of the Local of Local Board Board of Health for the Borough of Taunton for the Purposes of the said Public Health Act shall take place on the Fourteenth Day of September in the Year of our Lord One thousand eight hundred and forty-nine. of Health for Taunton. First Election of Local Board for Croydon. III. And be it enacted, That the First Election of the Local Board of Health for the Town of Croydon for the Purposes of the said Public Health Act shall take place on the Twenty-ninth Day of August in the Year of our Lord One thousand eight hundred and forty-nine. IV. And IV. And be it enacted, That the First Election of the Local First Election Board of Health for that Part of Chatham lying without the of Local Board Liberties of the City of Rochester, to wit, Chatham Extra, for for Chatham. the Purposes of the said Public Health Act, shall take place on the Twenty-ninth Day of August in the Year of our Lord One thousand eight hundred and forty-nine. V. And be it enacted, That the First Election of the Local First Election Board of Health for the Parish of Minster, Isle of Sheppey, for of Local Board the Purposes of the said Public Health Act, shall take place on for Sheerness. the Twenty-ninth Day of August in the Year of our Lord One thousand eight hundred and forty-nine. VI. And be it enacted, That the First Election of the Local First Election Board of Health for the Town of Ware for the Purposes of the of Local Board said Public Health Act shall take place on the Twenty-ninth for Ware. Day of August in the Year of our Lord One thousand eight hundred and forty-nine. VII. And be it enacted, That the First Election of the Local First Election Board of Health for the Town of Uxbridge for the Purposes of of Local Board the said Public Health Act shall take place on the Twenty-ninth for Uxbridge. Day of August in the Year of our Lord One thousand eight hundred and forty-nine. 6 VIII. And whereas it is expedient that the Local Boards of Local Boards Health for the Execution of the Public Health Act, 1848, should of Health may be invested with certain Powers not included in that Act:' Be contract for lighting. it therefore enacted, That the said Local Boards constituted under the said Public Health Act may contract for any Period not exceeding Three Years at any One Time with any Company or Person for the Supply of Gas or Oil, or other Means of lighting the Streets, Roads, and other open Places, Markets, and public Buildings within their respective Districts, and may provide such Lamps, Lamp Posts, and other Materials and Apparatus as such Local Boards respectively may think necessary for lighting the same; and the Expenses incurred by any such Local Board in so doing shall be defrayed out of the general or special District Rates (as the Nature of the Case may require) levied under the said Public Health Act. Printed Copies of Provisional Orders to be delivered to both Houses of IX. And be it enacted, That every Provisional Order issued by the General Board of Health relating to any City, Borough, or Place which shall be included under or enumerated in the Schedule of any Bill for confirming certain Provisional Orders of the General Board of Health, shall be printed, and printed Copies Parliament. thereof shall be delivered to the Doorkeepers of both Houses of Parliament, for the Use of the Members of such Houses respectively, before the First Reading of such Bill. the Public Health Act, 1848. X. And be it declared and enacted, That the Expression Construction of "Corporate Borough" whenever used in the Public Health Act, certain Expres 1848, shall be construed to include any City, Borough, Port, sions used in Cinque Port, or Town Corporate named in the Schedules annexed to an Act passed in the Sixth Year of the Reign of King William the Fourth, intituled An Act to provide for the Regulation of Municipal Corporations in England and Wales, and to any City, Borough, Port, Cinque Port, or Town Corporate incorporated by Charter granted or to be granted in pursuance of that or any subsequent Act; and the Word "Burgesses" wherever used in Ff3 the Act incorporated with Public Health Act. Short Title of this Act. Act may be amended, &c. the said Public Health Act shall be construed to mean Citizens in the Case of a City. XI. And be it enacted, That this Act shall be deemed to be incorporated with the Public Health Act, and shall be as if this Act and the said Public Health Act were One Act. XII. And be it enacted, That in citing this Act in any other Act of Parliament, or in any Proceeding, Instrument, or Document whatsoever, it shall be sufficient to use the Words and Figures "The Public Health Supplemental Act, 1849." XIII. And be it enacted, That this Act may be amended or repealed by any Act. to be passed in the present Session of Parliament. SCHEDULE to which this Act refers. PROVISIONAL ORDERS of the GENERAL BOARD OF HEALTH, submitted for the Confirmation of Parliament. PLACES to which the Orders apply. 9 G. 2. (I.) 25 G. 2. (I.) 5&6 W.4. c. 55. An Act to amend the Law concerning Judgments in Accounts Accounts in Ireland to the Commissioners for auditing the 'Public Accounts of Great Britain, it was enacted, that it should be lawful for any Person entitled to sue out or who had already sued out a Writ of Elegit upon any Judgment recovered in any of His Majesty's Courts at Dublin, or to issue or who had issued Execution in any Suit or Proceeding on any Recognizance there, to apply by Petition to the Court of Chancery, or to the Court of Exchequer at the Equity Side thereof, for an Order that a Receiver might be appointed of the Rents and Profits of the ' entire, and not of a Moiety only, of all Lands, Tenements, or Hereditaments which he would be entitled to have extended or appraised under a Writ of Elegit, or extended, seized, or taken under a Writ of Levari facias, or other Proceeding on such Recognizance, or to have a Receiver thereof appointed by that 'Court extended to that Matter, and it should be lawful for the Court to appoint or extend a Receiver accordingly over the 'whole thereof, or over so much thereof as should appear to it sufficient for the Purposes of paying the Sum due on such Judgment or Recognizance: And whereas by an Act passed in the Fourth Year of Her Majesty's Reign, intituled An Act for 3 & 4 Vict. abolishing Arrest on Mesne Process in Civil Actions, except in c. 105. 'certain Cases, for extending the Remedies of Creditors against the Property of Debtors, and for the further Amendment of the Law and the better Advancement of Justice in Ireland, it was enacted that it should be lawful for the Sheriff or other Officer to whom any Writ of Elegit, or any Precept in pursuance thereof, should be directed at the Suit of any Person upon any Judgment which at the Time appointed for the Commencement of that 'Act should have been recovered, or should be thereafter re'covered, in any Action in any of Her Majesty's Superior Courts at Dublin, to make and deliver Execution unto the Party in 'that Behalf suing of all such Lands, Tenements, Rectories, Tithes, Rents, and Hereditaments, including Lands and Here'ditaments which might be of Copyhold Tenure, as the Person ' against whom Execution was so sued, or any Person in trust for him, should have been seised or possessed of at the Time of entering up the said Judgment, or at any Time afterwards, or ' over which such Person should at the Time of entering up such Judgment, or at any Time afterwards, have any disposing Power which he might without the Assent of any other Person exercise for his own Benefit, in like Manner as the Sheriff or other ' Officer might then make and deliver Execution of One Moiety of the Lands and Tenements of any Person against whom a 'Writ of Elegit was sued out, which Lands, Tenements, Rec'tories, Tithes, Rents, and Hereditaments by force and virtue of 'such Execution should accordingly be held and enjoyed by the Party to whom such Execution should be so made and delivered, 'subject to such Account in the Court out of which such Execution should have been sued out as a Tenant by Elegit was then subject to in a Court of Equity; and it was enacted, that it should be lawful for any Person entitled to sue out or who had already sued out a Writ of Elegit upon any Judgment recovered in any of Her Majesty's Courts at Dublin, or to issue or who had issued Execution in any Suit or Proceeding on any RecogFf4 nizance 6 nizance there, to apply by Petition to the Court of Chancery, or to the Court of Exchequer at the Equity Side thereof, for an Order that a Receiver might be appointed over any Lands, Tenements, Rectories, Tithes, Annuities, Rents, or Hereditaments by that Act made liable to be seized, extended, appraised, or taken in Execution on any such Judgment, or to order 'that any Receiver appointed before the passing of that Act over the Property of any Judgment Debtor might be extended to the Matter of such new Petition, and that in proceeding under the said Act of the Sixth Year of King William the Fourth and the Act now in recital the said Court of Chancery and Court of Exchequer at the Equity Side thereof should have Power to appoint or extend a Receiver in a summary Way, on a Petition at the Instance of such Person, over any Property of such Judgment Debtor which such Creditor would or could make available for the Payment of his Judgment Debt by filing (after a Writ of Execution had been issued and returned at Law upon such Judgment) a Bill in a Court of Equity, or by any Writ of Execution at Law, or (subject to the Proviso therein-after contained) by Petition under the Provisions of the Act now in recital, and it should be lawful for the said Courts respectively to appoint or extend a Receiver accordingly over the whole thereof, or over so much thereof as should appear to be sufficient for the Purposes of paying the Sum due on such Judgment or Recognizance; and it was enacted, that a Judgment already entered up or to be thereafter entered up against any Person in any of Her Majesty's Superior Courts at Dublin should operate as a Charge upon all Lands, Tenements, Rectories, Advowsons, Tithes, Rents, and Hereditaments, including Lands and Heredi'taments of Copyhold Tenure, of or to which such Person should at the Time of entering up such Judgment, or at any Time afterwards, be seised, possessed, or entitled for any Estate or Interest whatever at Law or in Equity, whether in possession, ' reversion, remainder, or expectancy, or over which such Person should at the Time of entering up such Judgment, or at any Time afterwards, have any disposing Power which he might without the Assent of any other Person exercise for his own Benefit, and should be binding as against the Person against 'whom Judgment should be so entered up, and against all Persons claiming under him after such Judgment, and should also be binding as against the Issue of his Body, and all other Persons whom he might without the Assent of any other Person cut ' off and debar from any Remainder, Reversion, or other Interest in or out of any of the said Lands, Tenements, Rectories, 'Advowsons, Tithes, Rents, and Hereditaments, and that every Judgment Creditor should have such and the same Remedies in a Court of Equity against the Hereditaments so charged by 'virtue of that Act or any Part thereof as he would be entitled 'to in case the Person against whom such Judgment should have 'been so entered up had Power to charge the same Hereditaments, and had by Writing under his Hand agreed to charge the same with the Amount of such Judgment Debt and Interest thereon, subject to the Provisoes in such Act contained; and by the lastly-recited Act the Effect of Judgments in the Superior Courts ' of |