Appendix No. 2. 14 & 15 Vic. c. 34. On the Requisition of Ten Rate Accounts of the Board with respect to this Act shall be audited in accordance with those Provisions; and in every Case in which any such Improvement Act does not contain any such Provisions, the Accounts of the Board with respect to this Act shall be audited yearly by the Poor Law Auditor within whose District the District of the Board lies; and the Board shall produce to him their Accounts, with sufficient Vouchers for all Monies received and paid, and he shall examine such Accounts and Vouchers, and report thereon to the Board, and every such Report shall be open at all reasonable Times without Charge to the Inspection of every Person liable to be rated to an Improvement Rate made by the Board. XIV. That, upon the Requisition in Writing of Ten or more Ratepayers, Church- payers of any such Parish as aforesaid, the Churchwardens or other convene Vestry Persons to whom it belongs to convene Meetings of the Vestry in such Meeting, to de- Parish shall convene a Meeting of the Vestry for the special Purpose wardens, &c. to termine whether adopted. tion to be sent to Secretary of State, &c. this Act shall be of determining whether this Act shall be adopted for the Parish, after public Notice of such Vestry, and the Place and Hour of holding the same, and the special Purpose thereof, given in the usual Manner in which Notice of the Meetings of the Vestry is given, in each of Three successive Weeks before the Day to be appointed for holding such If Vestry resolve Vestry; and if thereupon it shall be resolved by the Vestry that this to adopt the Act, a Copy of Resolu- 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 Resolution not always, that such Resolution of the Vestry shall not be deemed to be carried unless at least Two Thirds in Value of the Votes given on the Question, according to the usual Manner of voting at such Vestry, shall have been given for such Resolution. deemed to be carried unless Two Thirds vote for it. Where Act adopted Vestry XV. That in such Case the Vestry shall appoint not less than Three to appoint Com- nor more than Seven Persons, being Ratepayers of the Parish, Com missioners for carrying the same into execution. Resignation of Vacancies to be filled up by Vestry. missioners 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, (the Year being reckoned from and exclusive of the Day of the First Appointment of Commissioners,) but shall be eligible for immediate Re-appointment. XVI. 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. XVII. That any Vacancies in the Commissionership may be filled up by the Vestry, when and as the Vestry shall think fit, but at the latest at the then next yearly Meeting for the Appointment of Commissioners. Appendix No. 2. 14 & 15 Vic. c. 34. Meetings of the XVIII. That the Commissioners shall meet at least once in every Calendar Month, and at such other Times as they think fit, at their Office, Commissioners. or some other convenient Place, public Notice of the Times and Place of Meeting being previously given. of Commis XIX. That it shall be at all Times competent for any One Commis- Special Meetings sioner, by Writing under his Hand, to summon, with at least Forty- sioners. eight Hours Notice, the Commissioners for any special Purpose therein named, and to meet at such Time as shall be therein named; and the Commissioners may meet accordingly without further Notice. ings of Commis XX. That at all Meetings of the Commissioners any number, not Quorum of Meetless than One Third of the whole Number when more than Three Com- sioners. missioners 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 transacting Business, and for exercising all the Powers of the Commissioners. Commissioners may appoint and &c. XXI. That the Commissioners, with the Approval of the Vestry, may appoint reasonable Salaries, Wages, and Allowances for a Clerk and remove Officers, such other Officers and Servants as shall be necessary for the Purposes of this Act, and shall appoint and may remove at Pleasure 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. ceedings of Com entered in Books. XXII. That all Orders and Proceedings of the Commissioners shall Minutes of Probe entered in Books to be kept by them for that Purpose, and shall be missioners to be signed by the Commissioners or any Two of them; 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. keep Accounts, tion. XXIII. That the Commissioners shall provide and keep Books in Commissioners to which shall be entered true and regular Accounts of all Sums of Money which shall be' received and paid for or on account of the Purposes of this Act in the open to InspecParish, and of all Liabilities incurred by them for such Purposes, and of the several Purposes for which such Sums of Money shall 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 Ratepayer, 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 Penalty for rein case the Commissioners or any of them, or any of their Officers or Inspection. fusing to allow Appendix No. 2. 14 & 15 Vic. c. 34. Anditors to be who shall exa mine the Ac Servants, having the Custody of such, Books, being thereunto reasonably requested, shall refuse to permit or shall not permit any Churchwarden, Overseer, or Ratepayer to examine the same, or take any such Copy or Extract, every Commissioner, Officer, or Servant so offending shall for every such Offence forfeit any Sum not exceeding Five Pounds. XXIV. That the Vestry shall yearly appoint Two Persons, not being appointed yearly, Commissioners, to be Auditors of the Accounts of the Commissioners; and at such Time in the Month of March in every Year after the Adoption of this Act for the Parish as the Vestry shall 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: Provided always, that if the general Accounts of the Parish be audited by a Poor Law Auditor, the Accounts of the Commissioners shall be audited by such Poor Law Auditor. counts and report to Vestries. Expenses of executing Act in any out of the Poor's Rate. XXV. That the Expenses of carrying this Act into execution in any Parish to be paid Parish to such Amount as shall be from Time to Time sanctioned by the Vestry shall be chargeable upon and paid out of the Monies to be raised or applicable for the Relief of the Poor of the Parish; provided always, that the Vestry shall be convened in the Manner usual in the Parish, and the Amount for the Time being proposed to be raised or applied for such Expenses shall be expressed in the Notice convening the Vestry. Overseers to levy as Part of the XXVI. That for defraying the Expenses so sanctioned the Vestry Poor's Rate such may and shall from Time to Time order the Overseers to levy with and shall deem neces- as part of the Rate for the Relief of the Poor of the Parish such Sums as Vestry sary to pay ex penses. Monies raised, and the Income arising from Lodging Houses in the Parish, to be applied to wards defraying Expenses. 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: Provided always, that in the Notices requiring the Payment of the Rate the Proportion which the Amount to be thereby raised for the Purposes of this Act shall bear to the total Amount to be thereby raised shall be stated as accurately as Circumstances may admit. XXVII. That the Money raised for defraying the Expenses of carrying this Act into execution, and the Income arising from the Lodg ing Houses in the Parish, shall be applied by the Commissioners in or towards defraying the Expenses 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 Appendix c. 34. the Interest thereof, and after satisfying all the Liabilities of the Commissioners with reference to the Execution of this Act in the Parish, 14 & 15 Vic. 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. or more Parishes carrying this Act Approval of State. XXVIII. That the Vestries of any Two or more neighbouring Pa- Vestries of Two rishes having, according to the then last Census, an aggregate Popula- may concur in tion of not less than Ten thousand may, for the Purpose of concurring into execution, in carrying this Act into execution, respectively adopt this Act in like subject to the Manner as if the Population of each of those Parishes were, accord- Secretary of ing to the then last Census, not less than Ten thousand; and the Vestries of any Two or more 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 Lodging Houses shall be erected and made in any One of such Parishes, to be vested in the Commissioners thereof, and that the Expenses 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 Expenses shall be chargeable upon and paid out of the Monies to be raised for the Relief of the Poor of the same respective Parish accordingly: and, according and subject to the Terms which shall have been so agreed on, the Commissioners appointed for each of such Parishes shall in the Management of the said Lodging Houses 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 Expenses. XXIX. That for the more easy Execution of the Purposes of this Incorporation of Act 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 Lodging 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 Commissioners. Appendix No. 2. and others, and may have and use a Common Seal, and by that Name 14&15 Vic. may take, hold, and convey any Lands vested in them for the Purposes of this Act. c. 34. Acts of Commis- Councils, &c. may borrow Money for the Purposes of the Act, with the Approval of the Treasury. The Public may advance XXX. That all Acts and Proceedings of any Person in possession of the Office of such Commissioner, and acting in good Faith as such Commissioner, shall, notwithstanding his Disqualification or Want of Qualification for, or any Defect or Irregularity in, or in any way concerning his Appointment to such Office, be as valid and effectual as if he were duly qualified, or there had not been any such Defect or Irregularity. XXXI. That for carrying this Act into execution in any Borough, District, or Parish respectively, the Council, with the Approval of the Commissioners of Her Majesty's Treasury, and also with the Approval of the General Board of Health, and the Board, with the Approval of the Commissioners of Her Majesty's Treasury, and also with the Approval of the General Board of Health, and the Commissioners, with the Sanction of the Vestry, and also with the Approval of the Commissioners of Her Majesty's Treasury, and also with the Approval of the General Board of Health, 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 General District Rates, or of the Improvement Rates, 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. XXXII. That the Commissioners for carrying into execution an Act Commissioners passed in the Tenth Year of the Reign of Her Majesty, intituled An Act to authorize the Advance of Money out of the Consolidated Fund for carrying on Public Works and Fisheries and Employment of the Poor, may from Time to Time make to the Council of any such Borough or to any Board or to the 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 General District Rates, or the Improvement Rates, or the Rates for the Relief of the Poor of the Parish, as the Case may be. Certain Provisions of 8 & 9 porated with this Act. XXXIII. That the Provisions (a.) of the Companies Clauses ConVict. c. 16. incor- solidation Act, 1845, with respect to the borrowing of Money by any Company on Mortgage, and the Provisions of the same Act with respect to the Accountability of the Officers of the Company, and the Provisions of the same Act with respect to the making of Byelaws, subject to the Provision herein-after contained, and the Provisions of the same Act with respect to the Recovery of Damages not specially provided (a.) See these Provisions inserted in full, post appendix No. 5. |