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6 & 7 W. 4. c. 105. s. 10.

Costs of Act.

Short title.

Cinque Ports Act Amendt.

Poor Law (Ireland) Amendt.

sions of section ten of the Act of the session of the sixth and seventh years of the reign of King William the Fourth (chapter one hundred and five) " for the better administration of justice in "certain boroughs," and to such proportionate liability as it would have been subject to under section six of the Cinque Ports Act if that portion of the parish had been originally a separate parish, and had been specified as such in that section, and that section had in terms extended to the debt for the time being charged on the rates in the nature of county rates therein mentioned; which liability shall be satisfied and enforced in manner in that section prescribed, with the substitution only of the police rates for the rates made for the relief of the poor.

5. The costs of the councils of the borough of Margate and town and port of Dover incurred in relation to the obtaining and execution of this Act shall be paid out of the borough fund of the borough of Margate.

6. This Act may be cited as The Cinque Ports Act, 1869.

CHAP. 54.

1 & 2 Vict. c. 56.

No action to be brought under sect. 93. of

1 & 2 Vict. c. 56.

An Act to amend the Act of the first and second years of Victoria, chapter fifty-six, intituled "An Act for the more "effectual Relief of the destitute Poor in Ireland."

W

[2d August 1869.]

WHEREAS by an Act passed in the session of Parliament holden in the first and second years of the reign of Her present Majesty, intituled "An Act for the more effectual Relief "of the destitute Poor in Ireland," it is amongst other things enacted, that no guardian, paid officer, warden, or other person in whose hands the collection of the rates for the relief of the destitute poor, or the providing for, ordering, management, control, or direction of the destitute poor, of any union shall or may be placed shall, either in his own name or in the name of any other person, provide, furnish, or supply, for his own profit, any materials, goods, or provisions for the use of any workhouse in any union for which he or they shall be appointed or act as such during the time for which he or they shall retain such appointment, nor shall be concerned, directly or indirectly, in furnishing or supplying the same, or in any contract relating thereto, under pain of forfeiting the sum of one hundred pounds, with full costs of suit, to any person who shall sue for the same by action of debt or on the case in any of Her Majesty's Courts of Record at Dublin:

And whereas it is expedient to amend the said provisions:

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, as follows:

1. From and after the passing of this Act no action shall be commenced, or if then commenced shall be prosecuted, by any person, except the Commissioners for administering the laws for

Poor Law (Ireland) Amendment.

the relief of the poor in Ireland, for the recovery of any forfeiture without conor penalty incurred or to be incurred by any guardian of any sent of chairunion, or by any person while acting as such, under the provisions man of quarter sessions, except of section ninety-three of the said Act, first and second Victoria, by Poor Law chapter fifty-six, without the consent in writing of the chairman Commissioners. of the quarter sessions of the county within which the workhouse of such union is situate, upon application made to him for that purpose, and cause shown in open court at any quarter sessions of such county: Provided always, that of such intended application at least fourteen days notice in writing shall be given to the guardian or guardians against whom such action is intended to be commenced by the person applying for leave to commence the same, and the said guardian or guardians shall, if he or they so desire, be heard upon such application.

to court or a

2. From and after the passing of this Act any person against Persons sued whom any action shall have been brought before the passing of before the this Act for the recovery of any forfeiture or penalty incurred passing of this in any union by such person whilst holding the appointment of Act may apply guardian of such union, or acting as such, under the provisions of judge to stay section ninety-three of the said Act of the first and second years proceedings on of Victoria, chapter fifty-six, may apply to the court in which certain condi such action shall have been commenced; or if such court shall not tions. be sitting to any judge of any of the superior courts at Dublin, for an order that such action shall be discontinued upon payment to the plaintiff of all costs incurred up to the time of making such application; and every such court or judge is hereby authorized and required, upon such application, and proof that sufficient notice thereof has been given to the plaintiff or his attorney, to make such order, and upon the making of such order, and payment or tender of such costs as aforesaid, such action shall be forthwith discontinued: Provided always, that if it shall appear to the satisfaction of the said court or judge that any penalty sought to be recovered in any such action has been incurred by the fraud of the defendant, then it shall be lawful for such court or judge to refuse to make such order as to such action, and thereupon to make such other order as the said court or judge shall deem expedient: Provided also, that nothing in this section contained shall apply to any action commenced by the Commissioners for administering the laws for the relief of the poor in Ireland.

3. From and after the passing of this Act, where any action Power to judge shall have been brought by any person, except the Commissioners to remit part of for administering the laws for the relief of the poor in Ireland, for penalty. the recovery of any forfeiture or penalty incurred under the provisions of section ninety-three of the said Act, first and second Victoria, chapter fifty-six, and the jury shall find a verdict for the plaintiff, it shall be lawful for the judge before whom such verdict shall have been obtained, if he shall so think fit, to reduce the amount of the penalty so recovered to any sum not less than twenty-five pounds.

4. Nothing herein contained shall extend to any action in which Not to extend judgment shall have passed before the passing of this Act.

to certain

Sect. 9. of

5 & 6 W. 4.

c. 76. repealed. One year's occupation to

entitle persons to Municipal Franchise.

6 & 7 Vict. c. 18.

Saving rights under existing burgess roll,

Municipal Franchise.

CHAP. 55.

An Act to shorten the Term of Residence required as a
Qualification for the Municipal Franchise, and to make
provision for other purposes.
[2d August 1869.]

WHEREAS it is expedient to shorten the term of occupation

and residence required as a qualification for the Municipal Franchise, and to make provision for other purposes:

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, as follows; that is to say,

1. The ninth section of the Act of the session of the fifth and sixth years of King William the Fourth, chapter seventy-six, shall be repealed, and instead thereof be it enacted, that every person of full age who on the last day of July in any year shall have occupied any house, warehouse, counting-house, shop, or other building within any borough during the whole of the preceding twelve calendar months, and also during the time of such occupation shall have resided within the said borough, or within seven miles of the said borough, shall, if duly enrolled in that year according to the provisions contained in the said Act of the session of the fifth and sixth years of King William the Fourth, chapter seventy-six, and the Acts amending the same, be a burgess of such borough and member of the body corporate of the mayor, aldermen, and burgesses of such borough: Provided that no such person shall be so enrolled in any year unless he shall have been rated in respect of such premises so occupied by him within the borough to all rates made for the relief of the poor of the parish wherein such premises are situated during the time of his occupation as aforesaid, and unless he shall have paid on or before the twentieth day of July in such year all such rates, including therein all borough rates, if any, directed to be paid under the provisions of the said Acts, as shall have become payable by him in respect of the said premises up to the preceding fifth day of January: Provided also, that the premises in respect of the occupation of which any person shall have been so rated need not be the same premises or in the same parish, but may be different premises in the same parish or in different parishes: Provided also, that no person being an alien shall be so enrolled in any year, and that no person shall be so enrolled in any year who, within twelve calendar months next before the said last day of July, shall have received parochial relief or other alms: Provided also, that the respective distances mentioned in this Act shall be measured in the manner directed by section seventy-six of the Act of the session of the sixth and seventh years of Queen Victoria, chapter eighteen.

2. Nothing in this Act contained shall affect any existing burgess roll, but every such roll shall continue in force until the first day of November one thousand eight hundred and sixty

nine.

Municipal Franchise.

borough.

3. Any such occupier as aforesaid, who shall be rated in Councillor or respect of premises as in this Act mentioned, shall be entitled to alderman may be elected a councillor or an alderman of any borough, if resident reside within fifteen miles of within fifteen miles of said borough, although by reason of his residence beyond seven miles of the borough he is not entitled to be on the burgess roll of such borough, provided that he is otherwise qualified to be on the burgess roll, and to be elected a councillor or an alderman for such borough, and the following enactments shall take effect with respect to such occupiers: 1. The overseers shall make out and publish a separate list containing the name of every such occupier at the same time and in the same manner as the burgess list, and all the provisions of the said Act of the fifth and sixth William the Fourth, chapter seventy-six, and the Acts amending the same with respect to objections and claims shall, as nearly as circumstances admit, apply to such separate list.

2. The separate list so made out shall be revised in the like manner as the burgess list, and when so revised shall be delivered to the town clerk and copied as a separate list at the end of the burgess roll.

4. When any borough, consisting of less than four wards, Qualification shall at any time hereafter be divided into a greater number of for aldermen wards, the qualification for an alderman or councillor of such and councillors. borough shall not be increased or altered in consequence of such division, but shall continue the same as if such borough consisted of less than four wards.

5. From and after the passing of this Act no person shall be deemed to have had or to have an interest in a contract or employment with, by, or on behalf of the council of any borough by reason only of his having had or having a share or interest in any railway company or in any company incorporated by Act of Parliament or by Royal Charter, or under The Companies Act, 1862, and no councillor, alderman, or mayor in any municipal corporation shall be deemed to have been or to be disqualified to be elected or to be such councillor, alderman, or mayor by reason only of his having had or having any share or interest in any railway company or in any company incorporated by Act of Parliament or Royal Charter, or under The Companies Act, 1862, but all elections of councillors, aldermen, or mayors as aforesaid shall be deemed and taken to have been and to be valid, notwithstanding any such share or interest as aforesaid.

Proprietors of
shares in com-
panies not to

be deemed con-
tractors, &c.,
and not to be
disqualified
from election
to municipal
offices by rea-
son of such

holding.

assessor.

6. At any election of auditors, revising assessors, or ward Who may noassessors, any person entitled to vote may nominate for the office minate for office of auditor or assessor, in like manner as such person can nominate of auditor and for the office of councillor under and by virtue of the provisions in that behalf contained in the twenty-second Victoria, chapter thirty-five, and the proceedings in relation to such nomination and election shall be in all respects the same as are prescribed in the said Act in relation to the election of councillors.

7. Every nomination for the office of councillor, assessor, or auditor must be sent to the town clerk so that the same shall be

Time for receipt of nomi

Endowed Schools.

Elections to supply extraordinary vacancies.

Words importing the masculine gender to include females.

Act to be construed with

5 & 6 W. 4. c. 76, &c.

Extent of Act.

Municipal Franchise.

received in his office before five o'clock in the afternoon of the last day on which any such nomination may by law be made.

8. If an extraordinary vacancy shall happen in the office of assessor, and at the same time a vacancy shall exist or arise in the office of councillor which cannot be legally filled up before the vacant office of assessor has been or can be by law filled up, the election to supply such vacant office of councillor shall be held before the alderman of the ward, or the mayor where the borough is not divided into wards, the continuing assessor, and such burgess (not being a burgess representing or enrolled on the burgess list for that ward, if the borough is divided into wards), as the mayor shall by writing under his hand appoint. 9. In this Act and the said recited Act of the fifth and sixth years of King William the Fourth, chapter seventy-six, and the Acts amending the same, wherever words occur which import the masculine gender the same shall be held to include females for all purposes connected with and having reference to the right to vote in the election of councillors, auditors, and assessors.

10. This Act shall be construed as one with the said Act of the session of the fifth and sixth years of King William the Fourth, chapter seventy-six, and the Acts amending the same, except so far as the same are altered or repealed by this Act, and the words used in this Act shall have the same meaning as in the said Acts.

11. This Act shall not apply to Scotland or Ireland.

CHAP. 56.

An Act to amend the Law relating to Endowed Schools
and other Educational Endowments in England, and
otherwise to provide for the Advancement of Education.
[2d August 1869.]

HEREAS the Commissioners appointed by Her Majesty under letters patent dated the twenty-eighth day of December one thousand eight hundred and sixty-four, to inquire into the education given in schools not comprised within the scope of certain letters patent of Her Majesty, bearing date respectively the thirtieth day of June one thousand eight hundred and fifty-eight and the eighteenth day of July one thousand eight hundred and sixty-one, have made their report, and thereby recommended various changes in the government, management, and studies of endowed schools, and in the application of educational endowments, with the object of promoting their greater efficiency, and of carrying into effect the main designs of the founders thereof, by putting a liberal education within the reach of children of all classes; and have further recommended other measures for the object of improving education:

And whereas such objects cannot be attained without the authority of Parliament:

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal,

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