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Where a
County or
Borough unites
with others, &c.,

a Proportion of Expences assessed to be paid to the Treasurers of the other Counties, &c.. and applied in liquidation of previous Charges.

Regulating
Number of

V. And be it enacted, That when, in the Case of any such Union as aforesaid, any Monies shall become repayable to any County or Borough by reason of the Addition thereto of any other County or Borough or Subscribers, then such Excess shall be repaid to the respective Treasurers of such Counties or Boroughs according to the Proportions in which the original Sums were contributed, and shall be applied in Liquidation and Payment, pro tanto, of the Monies which shall have been raised and levied by such Counties and Boroughs, for the Purposes and under the Powers of the said recited Act, or of any Act amending the same, or of this Act, in such Manner as the Justices of any such County at any General or Quarter Sessions for the same, or the Council of any such Borough, shall respectively order and direct; or if all such Monies shall have been paid, then the same shall be applied in diminution of any Rate to be made in pursuance of the said recited Act, or any Act amending the same.

VI. And be it enacted, That where any Union shall have been made before the passing of the said recited Act, or where any Union comprising more than Two Counties or Boroughs Boroughs have shall be made after the passing of this Act, and by the Agree

Visitors where
Counties or

united, and have been

joined by any other County or Borough

of this Act.

ment thereupon made and entered into the Number of Visitors for any County or Borough has been or shall be fixed at less in the Case of a County than Seven, or in the Case of a Borough than Three, such Agreement shall and is hereby since the passing declared to be valid to all Intents and Purposes, any thing in the said recited Act to the contrary notwithstanding; and in case such Union shall hereafter be joined by any other County or Borough, it shall be lawful, in the Agreement to be thereupon made and entered into, to fix a less Number of Visitors for any such County than Seven, and for any such Borough than Three.

Plans, Estimates, &c. not

VII. And be it enacted, That where any Union has been or shall be made for the Purposes of the said recited Act, it shall not be necessary, after the passing of this Act, that the Plans, tion of Quarter Estimates, Contracts, and Agreements for Purchase, or any of

to be subject to the Approba

Sessions of

Counties, &c. before they are carried into execution.

Agreements to be entered into

in the Form in

Schedule (A.) of recited Act,

except, &c.

them, shall be submitted for or be subject to the Approbation of the Court or Courts of General or Quarter Sessions of the County or Counties, or the Justices of the Borough or Boroughs, uniting, before the same shall be completed or carried into execution; provided that the Sum to be so expended shall not exceed an Amount previously authorized by the said Court or Courts of General or Quarter Sessions.

VIII. And be it enacted, That, notwithstanding the Provisions of the said recited Act, it shall not be necessary to specify in the Agreement to be executed in pursuance thereof the Numbers of every Committee of the County or Counties, Borough or Boroughs, or Subscribers, uniting, but that the said Agreement may be entered into in the Form or to the Effect of the Agreement in Schedule (A.) to the said Act annexed, except that it shall not be necessary that such Agree

ment

ment should be under the Seals of the Parties signing the same, any thing in the said Act to the contrary notwithstanding.

by the Secre

IX. And be it enacted, That all Proposals, Agreements, Proposals, Contracts, and Plans made or to be made in pursuance and Agreements, execution of the said recited Act or of this Act, which shall &c. approved have been or shall be approved of by One of Her Majesty's tary of State, Principal Secretaries of State under his Hand, shall be deemed after their Exeand are hereby declared to be valid, binding, and effectual, al- cution by Justhough the same shall not have been or may not be submitted to and approved by such Secretary of State until after the signing and Execution thereof by any Committee of Justices or Visitors.

tices, &c., to be

valid.

tional Stipu

to Control of

X. And be it enacted, That when any Committees of Justices Committees of elected and appointed, or of Subscribers appointed, as in the Justices, &c. said Act is mentioned, shall have agreed or shall agree to unite may insert addifor the Purposes of the said Act, it shall be lawful for such lations or ConCommittees to insert in the Form of Agreement set forth in the ditions in Form Schedule (A.) annexed to the said Act any Stipulations or Con- in Schedule of Agreement ditions, in addition to the Matters by the said Act required to (A.); but Acts be specified in such Agreement, so that such additional Stipu- of Visitor not lations or Conditions do not in any way subject the Acts of the to be subject Committee of Visitors to the Approval or Control of any Court General or of General or Quarter Sessions, or of any Justices, in any Case Quarter Sesnot provided for by the said Act as amended by this Act; and sions. the additional Stipulations and Conditions so inserted in the said Agreement shall be of the same Force and Effect as the Matters so required to be specified, notwithstanding that such additional Stipulations or Conditions may control, in any other Manner than is herein-before specified and excepted, the Discretion and Acts of the Committee of Visitors as regulated by the said Act, or may require the Consent or Approval of, or may subject the Acts or Orders of the Visitors to be disallowed, modified, or controlled by One of Her Majesty's Principal Secretaries of State in Cases not provided for by the said Act; but any Stipulations or Conditions subjecting the Acts of the Committee of Visitors to the Approval or Control of any Court of General or Quarter Sessions, or of any Justices, in any Case not provided for by the said Act as amended by this Act, shall be void and of none Effect.

pulations or

XI. And be it enacted, That, with the Consent in Writing With Consent under the Hands of the greater Number of Visitors of each of Visitors, County, Borough, or Body of Subscribers united for the Pur- additional Stiposes of the said Act, and with the previous Consent in Writing Conditions may under the Hand and Seal of One of Her Majesty's Principal be repealed. Secretaries of State, the Committee of Visitors may from Time to Time repeal or alter any of the said additional Stipulations or Conditions inserted in the said Agreement.

XII. And be it enacted, That the several Persons lending Persons lending Money for the Purposes of the said Act shall not be bound to require Proof that the several Provisions of the said Act or of this Act, or of any Act amending the same, have been duly complied with; and that if there be an Order of the Justices

Money on Mortgage of Rates, &c. not bound to give Proof that of been given, &c.

Notices have

Power to Justices, &c. to levy Rates so mortgaged.

Act to be construed with

8 & 9 Vict. c. 126.

Act may be amended, &c.

5 & 6 Vict.

c. 120.

10 & 11 VICT. of any County in General or Quarter Session, or of the Council of any Borough, making Application for the Loan, and any Mortgage be thereupon duly executed as by the said recited Act is provided, the Justices or Council (as the Case may be) shall have full Power to levy the Rates so mortgaged, for Repayment of the Money so borrowed, with Interest, notwithstanding that the Provisions of the said recited Act, or any Act amending the same, may not have been complied with; and it shall not be competent to any Rate-payer or other Person to question the Validity of any such Rate or Mortgage on the Ground that the aforesaid Provisions had not been complied with.

XIII. And be it enacted, That this Act shall be construed and read with and as Part of the said recited Acts.

XIV. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

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CAP. XLIV.

An Act to render permanent certain Parts of the Act
for amending the Constitution of the Government of
Newfoundland.
[25th June 1847.]
WHEREAS by an Act passed in the Session of Parlia-
ment holden in the Fifth and Sixth Years of the Reign
of Her present Majesty, intituled An Act for amending the
Constitution of the Government of Newfoundland, it was
amongst other things enacted, that it should be lawful for Her
Majesty, in or by any Commission or Commissions under the
Great Seal of the United Kingdom, to be thereafter issued
for the Government of Newfoundland, and in and by any
• Instructions under Her Majesty's Signet and Sign Manual
accompanying and referred to in any such Commission or
Commissions, to establish a Qualification in respect of Income
or Property in right of which any Person might be there-
after elected to serve as a Member of the Assembly of New-
'foundland; provided that no such Qualification should be
fixed at more than a net annual Income arising from any
Source whatsoever of One hundred Pounds, or the Possession
of Property, clear of all Incumbrances, exceeding Five hun-
dred Pounds in Amount or Value; and that it should be
lawful for Her Majesty, in manner aforesaid, to fix and de-
termine the Length of the Period of Residence within any
• Electoral District in the said Island which should be re-
quired, in addition to any other Qualification, for voting at
Elections within such District, or for being elected to serve
as a Member of the Assembly, provided that such Period
'should not extend beyond the Period of Two Years next pre-
ceding any such Election; and that it should be lawful for
Her Majesty, in manner aforesaid, to restrain the said As-
sembly from appropriating to the public Service within the
Island of Newfoundland any Part of the public Revenue

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thereof in Cases where such Services should not have been previously recommended, or such Grants of Money should not have been previously asked by or on the Behalf of Her Majesty; and that it should be lawful for Her Majesty, in manner aforesaid, to restrain and prohibit the Election of 'Members to serve in the said Assembly in different Districts on successive or different Days, and to require that all such Elections should be simultaneous, and should be completed ⚫ within a Time to be limited, and that any such future Commission or Instructions as aforesaid should be laid before both 'Houses of Parliament within Thirty Days next after the Date thereof, should Parliament then be in Session, or if not, then within Thirty Days next after the Commencement of the < then next Session of Parliament; and it was thereby provided that no Change which should be made in the Constitution of the said Island under the said Act should continue for a longer Time than the First Day of September One thousand eight hundred and forty-six, unless Parliament should otherwise order: And whereas by an Act passed in the Session of Parliament holden in the Ninth and Tenth Years of Her Majesty's Reign, intituled An Act to continue till the First Day of Sep- 9 & 10 Vict. tember One thousand eight hundred and forty-seven certain c. 45. of the Provisions of an Act of the Fifth and Sixth Years of Her present Majesty, for amending the Constitution of the Government of Newfoundland, it was enacted, that the Changes made in the Constitution of the said Island under the said recited Act should continue in force until the First Day of • September One thousand eight hundred and forty-seven: And whereas upon and from the said First Day of September One thousand eight hundred and forty-seven the Changes made in the Constitution of the said Island under the first-recited Act will cease to be in force unless further Provision in that Behalf be made by Parliament; and it is expedient that from and after the said First Day of September One thousand eight hundred and forty-seven the first-recited Act should cease to be in force, save only so far as the same is herein-before recited:' Be it enacted by the Queen's most So much of Excellent Majesty, by and with the Advice and Consent of 5 & 6 Vict. the Lords Spiritual and Temporal, and Commons, in this herein-before present Parliament assembled, and by the Authority of the recited declared same, That so much as is herein-before recited of the first-recited permanent, and Act shall be permanent, and that upon and from and after the not recited to First Day of September One thousand eight hundred and forty- cease to be in seven so much of the said Act as is not herein-before recited force. shall cease to be in force.

c. 120. as is

so much as is

II. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed during this Session of amended, &c.

Parliament.

CAP.

In case of Fever or Contagion

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CAP. XLV.

An Act to authorize for One Year, and to the End of the then next Session of Parliament, the Removal of Prisoners from the several Gaols in Ireland in Cases of epidemic Diseases. [25th June 1847.] WHEREAS Fever and other epidemic Diseases have for some Time prevailed in several Parts of Ireland: And whereas the Progress of such Diseases is likely to be much augmented by the Want of proper Accommodation in the Gaols in Ireland, and the Number of Persons confined therein: And whereas the Removal of such Prisoners to other Prisons or Places cannot, as the Law now stands, take place without Risk to the Persons to whose Custody such Prisoners respectively may be committed: And whereas Persons remanded or ordered to be imprisoned by the Com'missioners of Her Majesty's Court for the Relief of Insolvent 'Debtors in Ireland cannot by any Order of the said Court or otherwise be removed to other Custody; and it is expedient that the Law should in such Cases be amended, for the Benefit and Safety of the Public:' 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 when and so often as any Fever, or other contagious, epidemic, or endemic Disease, shall exist or be existing in any apprehended in any City, Town, or Place in Ireland, it shall land Prisoners and may be lawful to and for the Lord Lieutenant or other may be removed Chief Governor or Governors of Ireland, by his or their Order, to be signified by his or their Chief Secretary or Under Secretary, to direct that any Person or Persons, being imprisoned in any Gaol, Prison, Bridewell, or other Place of Confinement in any City, Town, or Place in Ireland, under or by virtue of any Process, civil or criminal, or under or by virtue of any Order or Writ of any Court of Justice in Ireland, shall and may be removed from such Gaol, Prison, Bridewell, or other Place of Confinement to such other Gaol, Prison, or Place of Custody as to such Lord Lieutenant or other Chief Governor or Governors of Ireland shall seem fit and proper, for and during such Time as to him or them shall appear expedient; and every such Person, when so removed, shall be to all Intents and Purposes deemed and considered to be in the proper legal Custody for and during the Time of such Removal, and for and during such Time as he or she shall be in the Place to which he or she shall be so removed, in like Manner, to all Intents and Purposes as if such Person had continued in his or her original Place of Confinement, and had not been by any such Order or otherwise removed from the same; and that no Right, Duty, Authority, Liability, Jurisdiction, Franchise, Power, Privilege, or Function of any Person whatsoever, which if such Removal had not taken

Place in Ire

from one Gaol to another by Order of the Lord Lieutenant.

place

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