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For amending an Act passed in the Ninth and Tenth Years
of Her present Majesty, for making Preliminary Inquiries
HEREAS an Act was passed in the Session of Parliament Preamble :
holden in the ninth and tenth years of the reign of Her 9 & 10 Vict. present Majesty, intituled, " Au Act for making Preliminary Inquiries in certain Cases of Applications for Local Acts :"
And whereas it is expedient to repeal the said Act, and to enact other provisions in lieu thereof;
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, 10 and by the Authority of the same, THAT the said recited Act shall 9 & 10 Vict. be and the same is hereby repealed.
c. 106, re
And be it Enacted, That in any case where it is intended to make Statement of an application to Parliament for an Act for the establishment of any of proposed
c. waterworks, or for draining, paving, cleansing, lighting or otherwise Act, accom15 improving any town, district or place, or for making, maintaining Plans, &c. to
be given to the or altering any burial-ground or cemetery, or for continuing, altering Commisor enlarging any of the powers or provisions contained in any Act or woede, &c. Acts relating to any of the purposes aforesaid, a statement in duplicate of the intended objects and provisions of the proposed Act shall, on or before the last day of the month of November next before the Session 687.
of Parliament in which such application is intended to be made, or in case such day shall fall on a Sunday, then on or before the day preceding, be sent or delivered to or at the Office of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works and Buildings; and such statement shall be signed by the Promoter or by any Two or more of the Promoters of the proposed Act, or by some person duly authorized on his or their behalf; and in such statement shall also be described and specified :
First. The public benefit proposed by such Act ;
Secondly. The amount of funds required for carrying the Act into 10
effect, and the proposed application of the same;
Thirdly. The mode in which it is proposed to raise such funds ;
Fourthly. If it is proposed to raise such funds by loan, the mode
whereby and the period within which such loan is to be repaid ;
And with such statement shall be sent or delivered as aforesaid a 15
3. Inspector or And be it Enacted, That it shall be lawful for the said CommisInspectors to proceed to
sioners, if they shall consider the same necessary or expedient, but not 20 make exami- otherwise, and on being satisfied with the security for payment of the nation under
expenses, as hereinafter provided, to appoint, by writing under their hands, Commission One or more competent person or persons, as they shall think necessary, ers of Woods,
to be an Inspector or Inspectors for the purpose of making such pre-
missioners, and every such report, together with such other documents as the said Commissioners shall deem necessary, shall be laid before both Houses of Parliament, within Six Weeks after the time at which
security for payment of expenses shall have been given to the satis5 faction of the Commissioners as herein provided, if Parliament be then
sitting, and if Parliament be not then sitting, then within Fourteen Days after the next meeting of Parliament.
4. And be it Enacted, That the said Commissioners shall give Fourteen CommissionDays' public notice of the time and place which shall have been Notice of 10 fixed for the purpose of the public hearing, or first public hearing, Inquiry.
for the purposes of such examination as aforesaid, by advertisement in One or more of the public papers usually circulated in the town, district or place, and in such other manner as shall appear to them necessary and sufficient.
5. 15 And be it Enacted, That at the time and place which shall have Promoters been so notified as aforesaid, the Promoter or Promoters of the pro- nents to ap
and Oppoposed Act, or some person on his or their behalf, shall appear before pear before
Inspectors. the said Inspector or Inspectors, and produce all such surveys, plans,
sections and estimates, or other documents connected with the 20 matter of inquiry, and give such evidence in relation to the proposed
Act as such Promoter, Promoters or person aforesaid shall think fit, and shall give such further evidence, and produce such other documents as the said Inspector or Inspectors shall deem necessary;
and all persons whose rights or interests may be affected by any 25 such proposed Act, and who may be desirous of being heard
in opposition to the same, may also appear before the said Inspector or Inspectors, and state their grounds of opposition thereto, and may support the same by evidence, and by such plane, sections or other documents as may be in their custody or power; and
Inspectors 30 the said Inspector or Inspectors may by summons under his or empowered
their hand or bands summon before him or them any Overseer or other person having the custody of any map or survey made in pursuance of the provisions of any Act of Parliament, or of any book
containing any rate made for the relief of the poor in any parish, or 35 for
any purpose or place wholly or in part within the district over which such examination shall extend, to produce such map, survey or book for his or their inspection; and the said Inspector or Inspectors may summon, in manner aforesaid, any other person whose evidence
shall, in the judgment of the said Inspector or Inspectors, be material 40 to his or their inquiries, and pay or allow to every such Overseer or
other person so summoned by him or them the reasonable charges of his attendance; and the said Inspector or Inspectors shall also And to re
quireevidence have power to administer an oath to all persons who may be ex- on oath. amined by him or thein touching the premises; and all persons so
examined shall be required to answer upon oath all such questions as
6. Penalty upon
And be it Enacted, That any person being summoned by such Ingive evidence. Spector or Inspectors, who, after the delivery to him of such summons as aforesaid, or of a copy thereof, shall wilfully neglect or refuse to
5 attend in pursuance of such summons, or to produce such plans, sections, maps, books or other documents as he may be required to produce under the provisions hereinbefore contained, or to answer upon oath such questions as may be put to him by such Inspector or Inspectors under the powers herein contained, shall be liable to forfeit and pay a penalty not exceeding Five Pounds, which may be recovered before
any Two or more Justices having jurisdiction within such town, district or place; and on conviction of the offender, and in default of payment of any such penalty, such Justices shall be empowered and required to cause the same to be levied by distress and sale of the goods 15 and chattels of the offender, by warrant under their hands and seals, and such penalty shall be paid to the Treasurer of the county within which such conviction shall take place, in aid of the county rate; provided that no person other than the Promoters of the proposed Act, or their Agents, shall be required to attend in obedience to any 20 summons, unless the reasonable charges of his attendance be paid or tendered to him, nor to travel in obedience thereto more than Ten Miles from his usual place of abode.
7. Expenses of
And be it Enacted, That all the costs, charges and expenses which
inquiries, or otherwise, under the provisions of this Act, in relation to
missioners shall seem fit; and the certificates of the said Commissioners Inspectors. certifying the amount of the costs, charges and expenses incurred by
them respectively as aforesaid, shall be taken as proof in all proceedings at law and in equity of the amount of such respective costs, charges and expenses : Provided always, That it shall not be lawful to include in such certificate any charge for the attendance