« EelmineJätka »
No. III. from and after the passing of this act it shall and may be lawful to and 2 & 3 W. 4. for any archbishop, bishop, dean, dean and chapter, or other corporation C. 80.
aggregate or sole herein-before mentioned, to enter into an agreement of reference or deed of submission with his or their lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, his, her, or their heirs, executors, administrators, or assigns, or with the owner or owners of any other hereditaments adjoining to or intermixed with the said manors, messuages, lands, tenements, tithes, or hereditaments, whereby it shall be agreed that any unknown or disputed boundaries or quantities of such manors, messuages, lands, tenements, tithes, or hereditaments, or any part thereof, shall be referred to the adjudication of such person or persons as may be agreed upon and named by the said archbishop, bishop, dean, dean and chapter, or other corporation aggregate or sole, and by his or their lessee or lessces, copyhold or customary tenant or tenants, sublessee or sub-lessees, under-tenant or under-tenants, his, her, or their
heirs, executors, administrators, or assigns, or by such owner or owners Referees to of any other hereditaments situate as aforesaid; and that such referee make surveys, or referees shall be fully authorized to make or cause to be made surveys, maps, and ad
maps, and admeasurements of the said manors, messuages, lands, tenemeasurements
ments, tithes, and hereditaments, or any part thereof, and to summon any to summon and examine wit
persons as witnesses, and examine them on oath (which oath he or they nesses on oath ;
are hereby authorized to administer) touching or concerning any of the to call for all matters or things so referred as aforesaid, or in any way relating thereto; deeds, &c.; and also to call for the production of all surveys, maps, deeds, books,
papers, and writings in the custody or power of any of the parties to the
said reference, or of any other person or persons, of or concerning the to make
matters in question ; and the said referee or referees, having well and awards, with
sufficiently investigated and considered the same, and all matters to him maps thereto,
or them referred, shall and may make his or their award or awards in on parchment or vellum.
writing, under his or their hand and seal or hands and seals, with a map or maps drawn thereupon or thereunto annexed, and which said award or awards and map or maps shall be upon parchinent or vellum, and shall award and determine, identify, delineate, and describe the boundaries, quantities, particulars, and situations of the said manors, messuages,
lands, tenements, tithes, and hereditaments so referred to him or them Awards and as aforesaid; and the said award or awards and map or maps shall be maps to be laid laid before all the parties to any such agreement of reference or deed of before parties, submission, including the party or parties whose consent is required by and their approbation to be
this act, whose approbation thereof shall be written upon the said award written.
or awards, and shall be signed and sealed by them, and thereupon the said award or awards, and map or maps shall be for ever afterwards binding upon all parties, and final and conclusive as to all matters
therein contained or thereby referred to. Certain con
II. Provided always, that in every case in which any of the powers sents required herein-before contained shall be exercised by any bishop, dean, archto render valid deacon, prebendary, or other ecclesiastical corporation sole, the deed of proceedings
submission or agreement of reference, and also the approbation of the under this act. award, shall, in the case of a bishop, be executed by the archbishop of
the province testifying his consent thereto; or in case of a dean, the same shall be executed by the dean and chapter testifying their consent thereto; or in the case of an archdeacon, prebendary, or other ecclesiastical corporation sole, the same shall be executed by the archbishop or
bishop of the diocese testifying his consent thereto. Power to in
III. That from and after the passing of this act it shall and may be fants, married lawful to and for the said lessee or lessees, copyhold or customary women, luna- tenant or tenants, sub-lessee or sub-lessees, under-tenant or undertics, &c. to tenants, and such other owner or owners as herein-before named, enter into
his, her, or their heirs, executors, administrators, or assigns, who at the reference.
time of making any reference authorized by this act shall be tenant or tenants in fee tail, general or special, or for life or lives, and for the guardians, husbands, committees, or attornies of or acting for any such
lessee or lessees, copyhold or customary tenant or tenants, sub-lessee No. III. or sub-lessees, under-tenant or under-tenants, and such other owner 2 & 3 W.4, or owners as herein-before named, his, her, or their heirs, executors, alministrators, or assigns, who at the time of making any such reference shall be respectively an infant or infants, feme covert or femes covert, or of unsound mind, or beyond the seas, or under any other legal disability, or otherwise disabled to act for themselves, himself, or herself, to sign, seal, and deliver any agreement of reference or deed of submission or approbation of any award or awards and map or maps authorized by this act to be made, as fully and effectually to all intents and purposes as if such lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under tenants, and such other owner or owners as herein-before named, his, her, or their heirs, executors, administrators, or assigns, had been tenant or tenants in fee simple, and of full age, sole, of sound mind, or within the realm of England, and not under any other legal disability,
IV. That immediately after the execution by the parties of the instru- Agreements or ment shewing their approbation of any award to be made by virtue of this deeds of referact, the agreement of reference or deed of submission, and also the ence, awards award or awards and map or maps, authorized to be made by this act,
maps, to and a copy of the minutes of evidence whereupon the same is made,
be deposited in shall be deposited, in the case of any reference by any archbishop or
registry of bishop, in the office of their own registrar; and in case of any reference
archbishop, by any dean, dean and chapter, archdeacon, prebendary, canon, and
bishop, &c. other dignitary and officer of a cathedral or collegiate church or chapel, in the office of the registrar of the dean and chapter thereof; and in case of any reference by any masters or other heads, or by any fellows and scholars, or other societies herein-before named, in the office of the steward or other proper officer of their said colleges and halls; and every Documents to such registrar, steward, or other officer, or some person or persons on be produced his behalf, shall produce the documents and papers so deposited with for inspection. him, or any of them, at all proper and usual hours of business, to every person interested in the subject matter of such award, or to his or her agent duly authorized, who shall make application to inspect the same or any of them, and shall furnish a copy or copies of the same or any of them to every such person or agent who shall make application for such mpy or copies; and every such registrar, steward, or other officer shall Registrar's in every case be entitled to the sum of five shillings and no more for fees. receiving and preserving the agreement of reference or deed of submission, award or awards, map or maps, and copy of the minutes of evidence as aforesaid; and the sum of one shilling and no more for every production of the same or any of them to be inspected; and the sum of sixpence and no more for every folio containing seventy-two words of esery copy; and the sum of ten shillings and no more for every copy of a map so made as aforesaid.
V. That the expences attending every reference which shall be made Expences of under the authority of this act, and all the proceedings hereby required reference how relating to the same, shall be paid and borne by the parties thereto in to be paid. such manner, shares, and proportions as they shall agree; and in case the said parties shall not make any agreement relating to such expences, then all such expences, or so much thereof as shall not be provided for by such agreement, shall be paid and borne by the said parties in equal moieties.
VI. Provided also, That this act shall extend only to that part of the Act limited to L'nited Kingdom called England and Wales.
No. IV. [No. IV.) 3 & 4 W. IV. c. 31.-An Act to enable the 3 & 4 W. 4, Election of Officers of Corporations and other Public c. 31.
Companies now required to be held on the Lord's Day to
[24th July 1833.]
reason of certain meetings which are usually or occasionally held thereon: and whereas it is the duty of the legislature to remove as
much as possible, impediments to the due observance of the Lord's Elections of Day ; be it therefore enacted, &c., That every meeting or adjourned officers of
meeting of any vestry or corporation, whether ecclesiastical or civil, or corporations
of any public company, for the nomination, election, appointment, and other
swearing in, or admission of any officer or officers, or for the transacpublic com
tion of any other secular affair of such vestry, corporation, or company, panies now
and required to be
every other meeting of a public and secular nature, which, accordheld on a
ing to any act of parliament, or according to any charter, grant, Sunday shall
constitution, deed, testament, law, prescription, or usage whatsoever, is be held on the or shall be required to be held on any Lord's Day, or on any day which Saturday pre- shall happen to be on a Lord's Day, shall be held on the Saturday ceding or the next preceding, or on the Monday next ensuing, at the like hour, Monday fol. with like form and effect, as if the same had been held on such lowing. Lord's Day; and every matter transacted at any such meeting or
adjourned meeting held upon any Lord's Day, shall be absolutely
void and of none effect, to all intents and purposes whatsoever : ProIf election vided always, that when no such nomination, election, appointment, does not take swearing in, or admission shall have taken place on such Saturday, place on the every person whose term of office would, according to any such act, Saturday the charter, grant, constitution, deed, testament, law, prescription, or usage, person holding have expired on any such Lord's Day, shall continue in office, and the office to
exercise and enjoy all the powers and privileges annexed or relating to continue until such office, until and on such Monday next ensuing, in the saine manthe so to do
ner as if such Monday had been the customary day of nomination, Monday.
election, appointment, swearing in, or admission. Elections not II. That whenever the nomination, election, appointment, swearing made on such in, or adınission of any such officer or officers as before mentioned, Saturday or shall not take place on such Saturday or Monday, or shall become void, Monday shall
the case shall be and is hereby declared to be within the provisions of be taken to be
an act made and passed in the eleventh year of his late Majesty King within the
George 'the first, intituled An Act for preventing the Inconveniences
arising for Want of Elections of Mayors or other Chief Magistrates of
[No. V.] 5 & 6 W. 4, c. 76.–An Act to provide for
the Regulation of Municipal Corporations in England and
[9th September 1835.]
stituted within the cities, towns, and boroughs of England and Wales, to the intent that the same might for ever be and remain well and quietly governed ; and it is expedient that the charters by which
the said bodies corporate are constituted should be altered in the manRepcal of all
ner herein-after mentioned ; be it therefore enacted, &c., That so much acts, charters, of all laws, statutes, and usages, and so much of all royal and other and customs charters, grants, and letters patent now in force relating to the several inconsistent boroughs named in the schedules (A.) and (B.) to this Act annexed, or with this act.
to the inhabitants thereof, or to the several bodies or reputed bodies No. V. corporate named in the said schedules, or any of them, as are inconsis- 5 & 6 W. 4, teni with or contrary to the provisions of this act, shall be and the same
c. 76. are hereby repealed and annulled.
II. And whereas in divers cities, towns, and boroughs the common Reservation of ands and public stock of such cities, towns, and boroughs, and the all rights of rents and profits thereof, have been held and applied for the particular property and benefit of the citizens, freemen, and burgesses of the said cities, towns, beneficial exand boroughs respectively, or of certain of them, or of the widows or emptions to kindred of them, or certain of them, and have not been applied to pub- freemen, their be pirposes; be it therefore enacted, That every person who now is wives and er hereafter may be an inhabitant of any borough, and also every per
children. son who has been admitted or who might hereafter have been admitted a freeman or burgess of any borough if this act had not been passed, or who now is, or hereafter may be the wife or widow or son or daughter of any freeman or burgess, or who may have espoused or may hereafter espouse the daughter or widow of any freeman or burgess, or who has bien or may hereafter be bound an apprentice, shall have and enjoy and be entitled to acquire and enjoy the same share and benefit of the lands, tenements, and hereditaments, and of the rents and profits thereof, and of the common lands and public stock of any borough or body corporate, and of any lands tenements and hereditaments, and any sum or sums of money, chattels, securities for money, or other personal estate, of which any person or any body corporate may be seised or possessed in whole or in part for any charitable uses or trusts, as fully and effectually, and for such time and in such manner, as he or she by any statute, charter, bye-law, or custom in force at the time of passing this act might or would have had, acquired, or enjoyed in case this act had not been passed : Provided always, that the total amount to be divided amongst the persons whose rights are herein reserved in this behalf shall not exceed the surplus which shall remain after payment of the interest of all lawful debts chargeable upon the real or personal estate out of which the sums so to be divided have arisen, together with the salaries of municipal officers, and all other lawful expences which, on the fifth day of June, were defrayed out of or chargeable upon the same: Provided also, that nothing herein-before contained shall be construed to apply to any claim, right, or title of any burgesses or freemen, or of any person, to any discharge or exemption from any tolls or dues levied wholly or in part by or to the use or benefit of any borough or body corporate; and that after the passing of this act no person shall have or be entitled to claim thenceforward any discharge or exemption from any tolls or dues lawfully levied in whole or in part by or to the use of any body corporate, except as herein-after is excepted : Provided nevertheless, thai every person who, on the fifth day of June in this present year, was an inhabitant, or was or was entitled to be admitted a freeman or burgess of any borough, or who on the said fifth day of June was the wife or widow, son or daughter of any freeman or burgess of any borough, or who on the said fifth day of June was bound an apprentice, shall be entitled to have or acquire and enjoy the same discharge or exemption from any tolls or dues lawfully levied in whole or in part by or to the use of any borough or body corporate as fully and for such time and in such sort as he or she, by any statute, charter, bye-law, or custom in force on the said fifth day of June, might or would have had, acquired, and enjoyed the same if this act had not been passed, and no further or otherwise : Provided also, that where, by any statute, charter, bye-law, or custom in force within any borough at the time of passing this act, any person whose rights in this behalf are herein reserved would have been liable in case this act had not been passed to pay any fine, fee, or sum of money to any body corporate, or to any member, officer, or servant of any body corporate, in consideration of his freedom, or of his or her title to such rights as are herein reserved, no such person shall be entitled to have or claim any share or benefit in respect of
the rights herein reserved as aforesaid, until he or she shall have pairo med in the 5 & 6 W. 4, the full amount of such fine, fee, or sum of money to the treasurer of u c. 76.
such borough, appointed under the provisions of this act, on account own and d the borough fund herein-after mentioned : Provided also, that nothing: ma of l in this act contained shall be construed to entitle any person to an eines share or benefit of the rights herein reserved, who shall not have firs... ad Hiles
, fulfilled every condition which, if this act had not passed, would havan, ni shem been a condition precedent to his or her being entitled to the benefit o ted section o such rights, so far as the same is capable of being fulfilled according to and remain the provisions of this act, or to strengthen, confirm, or affect any claim rzest aballo right, or title of any burgesses or freemen of any borough or body cor vetering before reserved, but the same in every case may be brought in question : out of a porate, or of any person, to the benefit of any such rights as are herein x or place, i impeached, and set aside in like manner as if this act had not beer
passed. No freedom to III. Provided always, That from and after the passing of this act, ne vende the # be acquired by person shall be elected, made, or admitted a burgess or freeman of ander vater" gift or purchase borough by gift or purchase.
IV. And whereas the right of voting in the election of members to raised act bu
serve in parliament was by an act passed in the second year of the reigt z if such as 2. W. 4, c. 45. of his present Majesty, intituled An Act to amend the Representation et suite the line the People of England and Wales
, preserved to all persons who therethehehe were or thereafter might become freemen or burgesses of any city oi
borough, subject to the conditions and provisions in that act contained: Reservation of be it therefore enacted, That every person who if this act had not been the parlia- passed would have enjoyed, as a burgess or freeman, or might hereafter mentary fran- have acquired, in respect of birth or servitude, as a burgess or freeman, chise to free
the right of voting in the election of a member or members to serve in
or borough according to the provisions of the said act.
been admitted as burgesses or freemen of such borough; and that
the same, on payment of a reasonable price for such copy,
shall have perpetual succession, and shall be capable in law, by the council
peare to be pa
all be law at each place
Circuit, de chairma
this act. Boundaries. VII. That after the passing of this act the metes and bounds of the of certain boroughs to be those settled by 2 & 3 W. 4, c. 61.
та : ty