"Commissioners" shall mean the Commissioners appointed in accor- "Lands" shall mean Lands, Tenements, and Hereditaments, of Words importing the Masculine Gender shall include the Feminine: Words of the Plural Number shall include the Singular, and Words of the Singular Number shall include the Plural. Appendix 9 & 10 Vict. c. 74. Borough may visions contained in this Act, if they think fit. III. And be it enacted, That the Council of any such Borough as Council of any aforesaid may, if they think fit, determine that this Act shall be adopt the Proadopted for such Borough, and then and in such Case such of the Provisions of this Act as are applicable in that Behalf shall thenceforth take effect and come into operation in such Borough, and this Act shall be carried into execution in such Borough in accordance with such Provisions and the Laws for the Time being in force relating to the Municipal Corporation of such Borough. carrying this tion shall be the Borough come arising IV. And be it enacted, That the Expences of carrying this Act into Expences of execution in any such Borough in which the Council shall have resolved Act into Execu to adopt this Act for their Borough shall be chargeable upon and paid out charged upon of the Borough Fund, and for that Purpose the Council may levy with Fund, and Inand as Part of the Borough Rate, or by a separate Rate to be assessed, carried to same. levied, paid, and recovered in like Manner and with the like Powers and Remedies in all respects as the Borough Rate, such Sums of Money as shall be from Time to Time necessary for defraying such Expences, and shall apply the same accordingly as if the Expence of carrying this Act into execution were an Expence necessarily incurred in carrying into effect the Provisions of the said Act of the Sixth Year of the Reign of His late Majesty; and the Income arising from the Baths and Wash-houses and open Bathing Places in any Borough shall be paid to the Credit of the Borough Fund thereof, and the Council shall keep distinct Accounts of their Receipts, Payments, Credits, and Liabilities, with reference to the Execution of this Act, to be called "The public Baths and Wash-houses Account." payers, Church convene Vestry V. And be it enacted, That upon the Requisition in Writing of Ten on the Requisior more Rate-payers of any such Parish as aforesaid, not being within tion of Ten Rateany such incorporated Borough, the Churchwardens or other Persons wardens, &c. to to whom it belongs to convene Meetings of the Vestry in such Parish Meeting to deter shall convene a Meeting of the Vestry for the special Purpose of de- this Act shall be mine whether adopted. Appendix to adopt the Act, a Copy of Resoto Secretary of lution to be sent State, &c. termining whether this Act shall be adopted for the Parish, after Pub9 & 10 Vic. lic Notice of such Vestry, and the Place and Hour of holding the same, c. 74. and the special Purpose thereof, given in the usual Manner in which Notice of the Meetings of the Vestry is given at least Seven Days beIf Vestry resolve fore the Day to be appointed for holding such Vestry; and if thereupon it shall be resolved by the Vestry that this Act ought to be adopted for the Parish, a Copy of such Resolution extracted from the Minutes of the Vestry, and signed by the Chairman, shall be sent to One of Her Majesty's Principal Secretaries of State for his Approval, and as soon as such Approval shall have been signified in Writing under the Hand of any such Secretary of State, such of the Provisions of this Act as are applicable in that Behalf shall thenceforth take effect and come into operation in the Parish: Provided always, that no such Resolution of the Vestry shall be deemed to be carried unless at least Two Thirds of the Number of Votes given on the Question according to the usual Manner of voting at such Vestry shall have been given for such Resolution. No Resolution deemed to be carried unless Two Thirds vote for it. Where Act adopted Vestry to appoint Com missioners for carrying the same into execution. Resignation of Vacancies to be filled up by Vestry. Meetings of the Special Meetings of Commissioners. Quorum of VI. And be it enacted, That in such Case the Vestry shall appoint not less than Three nor more than Seven Persons, being Rate-payers of the Parish, Commissioners for carrying this Act into execution in the Parish, of whom One Third, or as nearly as may be One Third (to be determined among themselves), shall go out of Office yearly, but shall be eligible for immediate Re-appointment. VII. And be it enacted, That any Commissioner may at any Time resign his Office as a Commissioner on giving Seven Days Notice in Writing of his Intention to resign to the Clerk, and also to the Churchwardens. VIII. And be it enacted, That any Vacancies in the Commissionership may be filled up by the Vestry when and as the Vestry shall think fit. IX. And be it enacted, That the Commissioners shall meet at least in every Calendar Month at their Office, or some other convenient Place previously publicly notified. once X. And be it enacted, That the Commissioners may meet at such other Time as at any previous Meeting shall be determined upon, and it shall be at all Times competent for any One Commissioner, by Writing under his Hand, to summon, with at least Forty-eight Hours Notice, the Commissioners for any special Purpose therein named, and to meet at such Times as shall be therein named. XI. And be it enacted, That at all Meetings of the Commissioners Commissioners. any Number not less than One Third of the whole Number when more than Three Commissioners shall have been appointed, and when only Three Commissioners shall have been appointed then any Number not less than Two Commissioners, shall be a sufficient Number for tran sacting Business, and for exercising all the Powers of the Commissioners. XII. And be it enacted, That the Commissioners shall appoint, and may remove at pleasure, a Clerk and such other Officers and Servants as shall be necessary for effecting the Purposes of this Act, and, with the Approval of the Vestry, may appoint reasonable Salaries, Wages, and Allowances for such Clerk, Officers, and Servants, and, when necessary, may hire and rent a sufficient Office for holding their Meetings and transacting their Business, and may agree for and pay a reasonable Rent for such Office. entered in a XIII. And be it enacted, That all Orders and Proceedings of the Minutes of Proceedings of ComCommissioners shall be entered in Books, to be kept by them for that missioners to be Purpose, and shall be signed by the Commissioners, or any Two of them; Book. and all such Orders and Proceedings so entered, and purporting to be so signed, shall be deemed to be original Orders and Proceedings; and such Books may be produced and read as Evidence of all such Orders and Proceedings upon any Appeal, Trial, Information, or other Proceeding, civil or criminal, and in any Court of Law or Equity whatsoever. XIV. And be it enacted, That the Commissioners shall provide and Commissioners to keep Accounts, keep Books in which shall be entered true and regular Accounts of all which shall be open to InspecSums of Money received and paid for or on account of the Purposes of this tion. Act in the Parish, and of all Liabilities incurred by them for such Purposes, and of the several Purposes for which such Sums of Money sha" have been paid and such Liabilities shall have been incurred; and such Books shall at all reasonable Times be open to the Examination of every Commissioner, Churchwarden, Overseer, and Rate-payer, without Fee or Reward, and they respectively may take Copies of or Extracts from such Books, or any Part thereof, without paying for the same; and in case the Commissioners, or any of them, or any of their Officers or Ser- Penalty for refusing to allow vants having the Custody of the said Books, being thereunto reasonably Inspection. requested, shall refuse to permit or shall not permit any Churchwarden, Overscer, or Rate-payer to examine the same, or take any such Copy or Extract, every Commissioner, Officer, or Servant so offending shall every such Offence forfeit any sum not exceeding Five Pounds. XV. And be it enacted, That the Vestry shall yearly appoint Two Persons, not being Commissioners, to be Auditors of the Accounts of appointed yearly, the Commissioners, and at such Time in the Month of March in Year after the Adoption of this Act for the Parish as the Vestry shall to Vestries. appoint the Commissioners shall produce to the Auditors their Accounts, with sufficient Vouchers for all Monies received and paid, and the Auditors shall examine such Accounts and Vouchers, and report thereon to the Vestry. for every Auditors to be who shall examine the Accounts and report XVI. And be it enacted, That the Expences of carrying this Act Expenses of into execution in any Parish not within any such incorporated Borough in any Parish to executing Act be paid out of the Poor's Rate. Appendix No. 1. to such Amount as shall be from Time to Time sanctioned by the 9 & 10 Vic. Vestry shall be chargeable upon and paid out of the Monies to be raised c. 74. or applicable for the Relief of the Poor of the Parish. Overseers to levy, as part of the Poor's Rate, such Sums as Vestry shall deem necessary to pay Expences. Monies raised, and the Income arising from Parish, to be applied towards defraying Ex pences. XVII. And be it enacted, That for defraying the Expences which shall have been or shall be incurred in carrying this Act into execution in the Parish the Vestry may and shall from Time to Time order the Overseers to levy with and as Part of the Rate for the Relief of the Poor of the Parish such Sums as the Vestry shall deem necessary, and the Amount thereof shall accordingly be assessed, levied, paid, and recovered in like Manner, and with the like Powers and Remedies in all respects, as such Rate, and shall be paid by the Overseers, according to the Order of the Vestry, to such Person as shall be appointed by the Commissioners to receive the same, and his Receipt shall be a sufficient Discharge to the Overseers for the same, and shall be allowed accordingly in passing their Accounts. XVIII. And be it enacted, That the Money raised for defraying the Expences of carrying this Act into execution, and the Income arising Baths, &c. in the from the Baths and Wash-houses and open Bathing Places in the Parish, shall be applied by the Commissioners in or toward defraying the Expences of carrying this Act into execution in the Parish; and whenever, after Repayment of all Monies borrowed for the Purpose of carrying this Act into execution in the Parish, and the Interest thereof, and after satisfying all the Liabilities of the Commissioners with reference to the Execution of this Act in the Parish, and providing such a Balance as shall be deemed by the Commissioners sufficient to meet their probable Liabilities during the then next Year, there shall be at the Time of holding the Meeting of the Vestry at which the yearly Report of the Auditors shall be produced any surplus Money at the Disposal of the Commissioners, they shall pay the same to the Overseers in aid of the Rate for the Relief of the Poor of the Parish. Vestries of Two may concur in carrying this Act into execution, subject to the Approval of Secretary of State. XIX. And be it enacted, That the Vestries of any Two or more or more Parishes neighbouring Parishes which shall have respectively adopted this Act may concur in carrying this Act into execution in such Parishes in such Manner not inconsistent with the Provisions of this Act, and for such Time, as they shall mutually agree; and for that Purpose it may, with the Approval of such Secretary of State, be agreed on between such Vestries that any public Baths and Wash-houses and open Bathing Places shall be erected and made in any One of such Parishes, to be vested in the Commissioners thereof, and that the Expences of carrying this Act into Execution with reference to the same shall be borne by such Parishes in such Proportions as such Vestries shall mutually agree, and the Proportion for each of such Parishes of such Expences shall be chargeable upon and paid out of the Monies to be raised for the Relief of the Poor of the same respective Parish accord Appendix c. 74. ingly; and, according and subject to the Terms which shall have been so agreed on, the Commissioners appointed for each of such Parishes 9 & 10 Vic. shall, in the Management of the said Baths and Wash-houses and open Bathing Places, form One Body of Commissioners, and shall act accordingly in the Execution of this Act, and the Accounts and Vouchers of such Commissioners shall be examined and reported on by the Auditors of each of such Parishes; and the surplus Money at the Disposal as aforesaid of such Commissioners shall be paid to the Overseers of such Parishes respectively in the same Proportions as those in which such Parishes shall be liable to such Expences. Commissioners. XX. And for the more easy Execution of the Purposes of this Act, Incorporation of be it enacted, That the Commissioners of every such Parish shall be a Body Corporate, with perpetual Succession, which shall not be deemed to be interrupted by any partial or total Vacancy from Time to Time in their Office, by the Name of "The Commissioners for public Baths and Wash-houses in the Parish of ( ) in the County of )," and by that Name may sue and be sued in all Courts, and before all Justices and others, and may have and use a Common Seal, and by that Name may take, hold, and convey any Lands vested in them for the Purposes of this Act. may borrow Purposes of the Approval of the XXI. And be it enacted, That for carrying this Act into execution Councils, &c. in any Borough or Parish respectively, the Council, with the Approval Money for the of the Commissioners of Her Majesty's Treasury, and the Commis- Act, with the sioners, with the Sanction of the Vestry, and also with the Approval Treasury. of the Commissioners of Her Majesty's Treasury, may from Time to Time borrow at Interest, on the Security of a Mortgage, as the Case may be, of the Borough Fund, or of the Rates for the Relief of the Poor of the Parish, the Money which may be by them respectively required, and shall apply the Monies so borrowed accordingly. XXII. And be it enacted, That the Commissioners for carrying into The Public execution an Act passed in the Second Session of the Fifth Year of the Reign of Her Majesty, intituled An Act to authorize the Advance of Money out of the Consolidated Fund to a limited Amount for carrying on Public Works and Fisheries and Employment of the Poor, and to amend the Acts authorizing the Issue of Exchequer Bills for the like Purposes, may from Time to Time make to the Council of any such Borough, or Commissioners of any such Parish respectively, for the Purposes of this Act, any Loan under the Provisions of the recited Act or the several Acts therein recited or referred to, upon security of the Borough Fund, or the Rates for the Relief of the Poor of the Parish, as the Case may be. Works Loan Commissioners may advance Money for the Purposes of this t XXIII. And be it enacted, That the Provisions of the Companies 8 & 9 Vict. c. 16. incorporated Clauses Consolidation Act, 1845, (a.) with respect to the borrowing of with this Act for (a.) These provisions are set forth post Appendix No. 5. The expence of carrying into execution the powers contained in this Act is to be defrayed out of such Rates as the Commissioners may think fit; see section 69 page 96 ante; the Provisions of the Companies Clauses Act with respect certain Purposes. |