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Actions by
Admiralty.

Saving Rights of Crown.

Power to sue

Miscellaneous.

52. The Admiralty may institute or defend any Action or Suit relative to any Lands contracted to be purchased or taken by the Admiralty for the Benefit of Greenwich Hospital, and may institute any Action of Ejectment or other Action or any Suit for recovering Possession of any Lands vested in or purchased or taken by the Admiralty for the Benefit of Greenwich Hospital, and may distrain or sue for any Arrears of Rent due to the Admiralty in respect thereof, and may institute any Action or Suit in respect of any Trespass or Encroachment committed thereon or Damage done thereto, or any other Action or Suit in respect thereof, and may defend any Action or Suit in respect thereof; and in every such Action or Suit the Admiralty may be styled "The Lord High Admiral of the United Kingdom," or " The Commissioners for executing the Office of Lord High Admiral of the United Kingdom," (as the Case requires,) without more; and any such Action or Suit shall not be affected by any Change in the Admiralty; and in any such Action or Suit the Admiralty shall be liable and entitled to pay or receive Costs according to the ordinary Law and Practice relative to Costs.

53. Nothing in this Act shall take away or abridge in any Action or Suit the legal Rights, Privileges, and Prerogatives of Her Majesty, Her Heirs and Successors, but in all Actions and Suits instituted by or against the Admiralty in relation to Lands held for the Benefit of Greenwich Hospital, and in all Proceedings and Matters connected therewith, the Admiralty may exercise and enjoy all such Rights, Privileges, and Prerogatives as are for the Time being exercised and enjoyed in any Action or Suit in any Court of Law or Equity by Her Majesty, Her Heirs or Successors, as if the Crown were actually a Party to such Action or Suit.

54. Notwithstanding anything in this Act, it shall be lawful for Her Majesty, Her Heirs by Information, and Successors, to proceed by Information in the Court of Exchequer, or by any other Crown Process, legal or equitable, in any Case in which it would have been competent for Her Majesty, Her Heirs or Successors, so to proceed if no Provisions respecting Procedure

&c.

Transfer of

had been inserted in this Act.

55. All Debts and Obligations incurred, all Contracts entered into, and all Matters and Contracts, &c. Things engaged to be done by, with, or for the Commissioners of Greenwich Hospital shall be deemed to have been incurred, entered into, or engaged to be done by, with, or for the Admiralty on behalf of Her Majesty; and all such Debts, Obligations, Contracts, Matters, and Things shall be enforceable by or against the Admiralty on behalf of Her Majesty to the same Extent as the same would, if this Act had not passed, have been enforceable by or against the Commissioners of Greenwich Hospital.

Continuance of
Actions, &c.

Powers may be exercised by Two Lords.

Style of Admiralty in Deeds, &c.

Protection of
Admiralty.

56. All Actions, Suits, and other legal Proceedings commenced, or which, if this Act had not been passed, might have been commenced, by or against the Commissioners of Greenwich Hospital, may be continued or instituted by or against the Admiralty on behalf of Her Majesty.

57. All Powers, Authorities, and Duties by this Act conferred and imposed on the Admiralty may be exercised and performed by any Two of the Commissioners of the Admiralty.

58. In all Deeds, Powers of Attorney, and Instruments relating to any Lands, Stocks, Funds, Securities, Property, or Thing vested in, or standing in the Names of, or under the Control of the Admiralty for the Benefit of Greenwich Hospital, or whereto the Admiralty in relation to Greenwich Hospital are Parties, the Admiralty may be styled "The Lord High Admiral of the United Kingdom " or " The Commissioners for executing the Office of Lord High Admiral of the United Kingdom," (as the Case may require,) without the Name or Names of him or them or any of them being expressed.

59. The Admiralty shall not, by reason of anything done or omitted to be done in the Execution or intended Execution of this Act, or in relation to any Lands vested in the Admiralty by virtue of this Act or purchased by the Admiralty under this Act, be liable

collectively

collectively or individually to any Fine, Penalty, or Forfeiture, or to Execution of any Process against Person or Property.

60. Every Order in Council under this Act shall be published in the London Gazette, Publication and shall be laid before both Houses of Parliament within One Month after the making &c. of Orders thereof if Parliament is then sitting, and if not, then within One Month after the next meeting of Parliament.

in Council.

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An Act for the Establishment of a Fire Brigade within the Metropolis.

[5th July 1865.] WHEREAS it is expedient to make further Provision for the Protection of Life and Property from Fire within the Metropolis:' 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, as follows:

Preliminary.

1. This Act may be cited for all Purposes as the "Metropolitan Fire Brigade Act, 1865.” Short Title. 2. For the Purposes of this Act the " Metropolis" shall mean the City of London and all other Parishes and Places for the Time being within the Jurisdiction of the Metropolitan Board of Works:

"Insurance Company" shall include any Persons corporate or unincorporate, or any Person carrying on the Business of Fire Insurance.

Definition of
"Metropolis "
and" Insurance
Company."

66

Metropolis

3. The Expression "Metropolis Local Management Acts" shall mean the Acts following; Definition of that is to say, "The Metropolis Management Act, 1855," "The Metropolis Management Local ManageAmendment Act, 1856," and "The Metropolis Management Amendment Act, 1862."

Establishment and Duties of Fire Brigade.

4. On and after the First Day of January One thousand eight hundred and sixty-six the Duty of extinguishing Fires and protecting Life and Property in case of Fire shall within the Metropolis be deemed for the Purposes of this Act to be entrusted to the Metropolitan Board of Works; and with a view to the Performance of that Duty it shall be lawful for them to provide and maintain an efficient Force of Firemen, and to furnish them with all such Fire Engines, Horses, Accoutrements, Tools, and Implements as may be necessary for the complete Equipment of the Force, or conducive to the efficient Performance of their

Duties.

ment Acts."

Duty of Metropolitan Board in rea

in relation to

Land.

5. The said Board, herein-after referred to as the Board, may take on Lease, purchase, or Purchase of otherwise acquire Stations for Engines, Stables, Houses for Firemen, and such other Houses, Buildings and Buildings, or Land as they may think requisite for carrying into effect the Purposes of this Act, and may from Time to Time sell any Property acquired by or vested in them for the Purposes of this Act:

The

Transfer of
Plant of
existing Fire
Offices.

Constitution of

The Board may also contract with any Company or Persons authorized to establish the same for the Establishment of Telegraphic Communication between the several Stations in which their Fire Engines or Firemen are placed, and between any of such Stations and other Parts of the Metropolis.

6. On and after the said First Day of January One thousand eight hundred and sixty-six all Stations, Fire Engines, Fire Escapes, Plant, and other Property belonging to or used by the Fire Engine Establishment of the Insurance Companies in the Metropolis shall vest in or be conveyed or assigned to the Board for all the Estate and Interest of the said Companies therein, upon trust to be applied by the Board to the Purposes of this Act, but subject to all legal Liabilities and Obligations attaching thereto, including the Payment of all Pensions that have been granted to the Members of the said Fire Engine Establishment, according to a List that has been furnished to the Chairman of the said Board by the Chief Officer of the said Fire Engine Establishment, and all Trustees for the same shall be indemnified against such Liabilities and Obligations. The Board may also, if they think fit, purchase the Stations, Fire Engines, and Plant belonging to any Parish, Place, or Body of Persons within their Jurisdiction.

7. The Force of Firemen established under this Act, herein-after called the Metropolitan Fire Brigade. Fire Brigade, shall be under the Command of an Officer, to be called the Chief Officer of the Metropolitan Fire Brigade.

Salaries of

The Chief Officer and Men composing the said Fire Brigade shall be appointed and removed at the Pleasure of the Board.

8. The Board shall pay such Salaries as they think expedient to the said Fire Brigade. Fire Brigade. They may also make such Regulations as they think fit with respect to the Compensation to be made to them in case of Accident, or to their Wives or Families in case of their Death; also with respect to the Pensions or Allowances to be paid to them in case of Retirement; also with respect to the Gratuities to be paid to Persons giving Notices of Fires; also with respect to Gratuities by way of a gross Sum or annual Payment to be from Time to Time awarded to any Member of the said Force, or to any other Person, for extraordinary Services performed in Cases of Fire; also with respect to Gratuities to Turncocks belonging to Waterworks from which a Supply of Water is quickly derived.

Power to make
Regulations
for Fire
Brigade.

Compensation to Parish Officers.

As to Purchase of Fire Escapes.

9. The Board may by Byelaws make Regulations for the Training, Discipline, and good Conduct of the Men belonging to the said Fire Brigade, for their speedy Attendance with Engines, Fire Escapes, and all necessary Implements on the Occasion of any Alarm of Fire, and generally for the Maintenance in a due State of Efficiency of the said Brigade, and may annex to any Breach of such Regulations Penalties not exceeding in Amount Forty Shillings, but no Byelaw under this Section shall be of any Validity unless it is made and confirmed in manner directed by the Metropolis Local Management Acts; and all the Provisions of the said Acts relating to Byelaws shall, with the necessary Variations, apply to any Byelaws made in pursuance of this Act.

10. The Vestry of any Parish or Place in the Metropolis may allow such Compensation as they think just to any Engine Keeper or other Person employed in the Service of Fire Engines who has hitherto been paid out of any Rate raiseable in such Parish or Place, and who is deprived of his Employment by or in consequence of the passing of this Act, and any Compensation so allowed shall be paid out of the Rate out of which the Salary of the Officer so compensated was payable.

11. The Board may make such Arrangements as they think fit as to establishing Fire Escapes throughout the Metropolis. They may for that Purpose contribute to the Funds of the Royal Society for the Protection of Life from Fire, or of any existing Society that provides Fire Escapes, or may purchase or take by Agreement the Property of any existing Society in their Stations and Fire Escapes, and generally may maintain such Fire Escapes and do such Things as they think expedient towards aiding Persons to escape from Fire; and any Expenses incurred by them in pursuance of this Section shall be deemed to be Expenses incurred in carrying into effect this Act.

of Fire

12. On the Occasion of a Fire the Chief or other Officer in charge of the Fire Brigade As to Powers Brigade. may, in his Discretion, take the Command of any Volunteer Fire Brigade or other Persons who voluntarily place their Services at his Disposal, and may remove, or order any Fireman to remove, any Persons who interfere by their Presence with the Operations of the Fire Brigade, and generally he may take any Measures that appear expedient for the Protection of Life and Property, with Power by himself or his Men to break into or through, or take possession of, or pull down any Premises for the Purpose of putting an End to a Fire, doing as little Damage as possible; he may also on any such Occasion cause the Water to be shut off from the Mains and Pipes of any District, in order to give a greater Supply and Pressure of Water in the District in which the Fire has occurred; and no Water Company shall be liable to any Penalty or Claim by reason of any Interruption of the Supply of Water occasioned only by Compliance with the Provisions of this Section.

All Police Constables shall be authorized to aid the Fire Brigade in the Execution of their Duties. They may close any Street in or near which a Fire is burning, and they may of their own Motion, or on the Request of the Chief or other Officer of the Fire Brigade, remove any Persons who interfere by their Presence with the Operations of the Fire Brigade.

Any Damage occasioned by the Fire Brigade in the due Execution of their Duties shall be deemed to be Damage by Fire within the Meaning of any Policy of Insurance against Fire.

Expenses.

by Insurance

13. Every Insurance Company that insures from Fire any Property in the Metropolis Contributions shall pay annually to the Metropolitan Board of Works, by way of Contribution toward Offices. the Expenses of carrying this Act into effect, a Sum after the Rate of Thirty-five Pounds in the One million Pounds on the gross Amounts insured by it, except by way of Reassurance, in respect of Property in the Metropolis for a Year, and at a like Rate for any fractional Part of a Million, and for any fractional Part of a Year as well as for any Number of Years for which the Insurance may be made, renewed, or continued.

The said Payments by Insurance Companies shall be made quarterly in advance, on the First of January, First of April, First of July, and First of October in every Year; the First of such Payments to be made on the First of January One thousand eight hundred and sixty-six, and such First Payment and the other Payments for the Year One thousand eight hundred and sixty-six to be based upon the Amounts insured by the several Companies in respect of Property in the Metropolis in the Year ending the Twenty-fourth of December One thousand eight hundred and sixty-four: Provided that any Insurance Company which at the Time of the passing of this Act contributes to the Expenses of the said Fire Engine Establishment may, in respect of all Payments to be made by it in the Years One thousand eight hundred and sixty-six and One thousand eight hundred and sixty-seven, but not afterwards, contribute after the yearly Rate of Thirty-five Pounds in One million Pounds of the Business in respect of which it contributes to the said Fire Engine Establishment for the present Year, according to a Return which has been furnished to the Chairman of the said Metropolitan Board, instead of in the Manner in this Act provided.

14. All Contributions due from an Insurance Company to the Board in pursuance of this Mode of enAct shall be deemed to be Specialty Debts due from the Company to the Board, and be forcing Conrecovered accordingly.

tributions.

Proportions of

15. For the Purpose of ascertaining the Amount to be contributed by every such Mode of asInsurance Company as aforesaid, every Insurance Company insuring Property from Fire in certaining the Metropolis shall, on the Thirtieth Day of December One thousand eight hundred and Contribution. sixty-five, with respect to the Amounts insured in the Year One thousand eight hundred and sixty-four, and on the First of June One thousand eight hundred and sixty-six, and on every succeeding First of June, or on such other Days as the Metropolitan Board of Works may appoint, make a Return to the said Board, in such Form as they may require, of the gross Amount insured by it in respect of Property in the Metropolis.

There shall be annexed to the Return so made a Declaration made by the Secretary or other Officer performing the Duties of Secretary of the Company by whom it is made, stating

Penalty on Insurance Com

pany not making Return.

Examination of
Books of In-

surance Com-
panies.

Contributions

by Government towards

Expense of Brigade. Expenses of Act not specially provided for.

Penalty on
Nonpayment
of Rate by
Overseers.

stating that he has examined the Return with the Books of the Company, and that to the best of his Knowledge, Information, and Belief it contains a true and faithful Account of the gross Amount of the Sums insured by the Company to which he belongs in respect of Property in the Metropolis.

The Return made in the June of One Year shall not come into effect till the First of January of the succeeding Year, and shall be the Basis of the Contributions for that Year.

16. If any Insurance Company makes default in making such Returns to the Board as are required by this Act, it shall be liable to a Penalty not exceeding Five Pounds for every Day during which it is so in default.

17. The Secretary or other Officer having the Custody of the Books and Papers of any Insurance Company that is required to pay a Contribution to the Board in pursuance of this Act shall allow any Officer appointed by the Board to inspect, during the Hours of Business, any Books and Papers that will enable him to ascertain the Amount of Property insured by such Company in the Metropolis, and the Amount for which it is insured, and to make Extracts from such Books or Papers; and any Secretary or other such Officer as aforesaid of a Company failing to comply with the Requisitions of this Section in respect of such Inspections and Extracts shall be liable on summary Conviction to a Penalty not exceeding Five Pounds for each Offence.

18. The Commissioners of Her Majesty's Treasury shall pay or cause to be paid to the Board by way of Contribution to the Expenses of maintaining the Fire Brigade such Sums as Parliament may from Time to Time grant for that Purpose, not exceeding in any One Year the Sum of Ten thousand Pounds.

19. For the Purpose of defraying all Expenses that may be incurred by the Board in carrying into effect this Act which are not otherwise provided for, the Board may from Time to Time issue their Precepts to the Overseers of the Poor of every Parish or Place within the Metropolis, requiring the Overseers to pay over the Amount mentioned in the Precepts to the Treasurer of the Board or into a Bank to be named in the Precepts within Forty Days from the Delivery of the Precept.

The Overseers shall comply with the Requisitions of any such Precept by paying the Sums mentioned out of any Monies in their Hands applicable to the Relief of the Poor, or by levying the Amount required as Part of the Rate for the Relief of the Poor, but no Contribution required to be paid by any Parish or Place under this Section shall exceed in the whole in any One Year the Rate of One Halfpenny in the Pound on the full and fair annual Value of Property rateable to the Relief of the Poor within the said Parish or Place, such full and fair annual Value to be computed in all Parts of the Metropolis, exclusive of the City of London, according to the last Valuation for the Time being acted on in assessing the County Rate, or, where there is no County Rate, according to a like Estimate or Basis; and no Liberty, Precinct, or Place shall be exempt from the Rate leviable for the Purposes of this Act by reason of its being extra-parochial or otherwise; and in default of proper Officers in any Liberty, Precinct, or Place to assess or levy the said Rate, the Board may appoint such Officers, and add the Amount of any Expenses so incurred to the Amount to be raised by the next succeeding Rate in such Liberty, Precinct, or Place.

Overseers shall, for the Purposes of levying any Amount required to be levied by them under this Act, have the same Powers and be subject to the same Obligations as in levying a Rate for the Relief of the Poor.

The Word" Overseers" shall include any Persons or Bodies of Persons authorized or required to make and collect or cause to be collected Rates applicable to the Relief of the Poor; and such Persons or Bodies shall pay to the Board the Amount so mentioned in the Precept out of the said Rates.

20. In case the Amount ordered by any such Precept as aforesaid to be paid by the Overseers of any Parish or Place be not paid in manner directed by such Precept and within the Time therein specified for that Purpose, it shall be lawful for any Justice of the Peace, upon the Complaint by the Board or by any Person authorized by the Board,

to

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