Imágenes de páginas
PDF
EPUB

tioned; and every such certificate shall, when granted in of the peace or other officer shall have been in office, of the England, have the effect of an order of court for the payment fees and emoluments in criminal prosecutions received by such of the expenses of a prosecution made under the act of the clerk of the peace or other officer; and the said commissioners 7 Geo. 4, c. 64, and the acts amending the same, and when shall, upon the like application, also ascertain, in such manner granted in Ireland shall have the effect of an order of court for as they may think proper, the total amount of fees and emothe payment of the expenses of a prosecution made under the luments in criminal prosecutions received by such clerk of the act of the 55 Geo. 3, c. 91, and the acts amending the same ; peace or other officer during any year after the passing of this and the amount mentioned in such certificate shall be paid in act; and the said commissioners are hereby authorised and like manner as the money mentioned in such order of court; empowered, by warrant under their hands, to award to such and all certificates to be granted under this act shall be subject clerk of the peace or other officer the deficiency, when and so to the like regulations made or to be made in relation thereto often as the same shall occur, between the last-mentioned as the certificates mentioned in the said act of the 7 Geo. 4, amount and the annual average amount so ascertained as aforec. 64, to be granted by examining magistrates, are or may be said, and the sum so awarded shall be paid out of any monies subject to under the act of the session holden in the 14 & 15 which may be provided by Parliament for that purpose; proVict. c. 55: provided also, that the amount of the fees payable vided, that in all cases where any such clerk of the peace, by to the clerks of the magistrates in petty sessions, in respect of reason of his being paid by salary, under an order made by any proceeding under this act, and of the fees payable to the virtue of the 14 & 15 Vict. c. 55, shall pay such fees and emoclerks of the peace for filing the depositions, conviction, or luments as aforesaid to the treasurer of the county or borough certificate of dismissal aforesaid, and of all such expenses of for which he is clerk of the peace in aid of the county or apprehending the person charged, and detaining him in cus-borough rate, as the case may be, such deficiency, when so tody, and of such other expenses as are now by law payable ascertained as aforesaid, shall be paid to the treasurer of such when incurred before a commitment for trial, may be added to county or borough respectively. the certificate for compensation aforesaid, and paid in the like 19. And whereas, by sect. 9 of the 2 & 3 Vict. c. 71, provision manner.

is made for payment, out of the monies in the hands of the 15. In every city, borough, town, or place in England where receiver of the metropolitan police district, of such salaries as any petty sessions shall be holden under this act, the town-hall, her Majesty shall direct, to the magistrates of the police courts couri-bouse, or other public building therein belonging to any of the metropolis, the salary to the chief magistrate not being county, city, borough, town, or place, or any court-house in more than 12001., and to each of the other magistrates not such city, borough, town, or place provided by the Commis- more than 12001.: and whereas, after the passing of the said sioners of her Majesty's Treasury, under the act of the session act, the salary of the chief magistrate was fixed at 12001., and bolden in the 9 & 10 Vict. c. 95, may be used for the purpose the salaries of the other police magistrates at 10001.: and of bolding such petty sessions, without any charge for rent or whereas the duties of the said chief and other magistrates have other payment, save and except the reasonable and necessary increased, and are subject under this act to be further increased : cbarges for lighting, warming, and cleaning, when such public and whereas the salaries of such other magistrates bave, in building is used for the purpose of holding such courts of consequence of such increase of duty, been increased from petty sessions, and for all other expenses necessarily inci. 10001. to the limit permitted by the said act, and it is expe. dental to the use of the said building for the purposes of the dient to authorise such increase of the salary of the said chief said courts : provided always, that the necessary arrangements magistrate as hereinafter mentioned ; the salary to be paid out shall be made so that the sittings of the said courts of petty of the monies aforesaid to the said chief magistrate shall be sessions shall not interfere with the business of the county, such yearly sum, not exceeding 15001., as her Majesty may city, borough, town, or place, or other business usually trans direct. acted in such town-hall, court-house, or other public building, 20. And whereas, by the act of the 15 & 16 Vict. c. 73, or any purpose for which any such town-hall, court-house, or certain powers were granted and provisions made for the payother public building may be used by virtue of any act of Par- ment to the several clerks of assize of annual sums for salaries, liament in that behalf.

and for the expenses of their office, in respect of their duties 16. Any one of the magistrates appointed to act at any of as associates, in lieu of the fees and emoluments appertaining the police courts of the metropolis, and sitting at a police court to those duties : and whereas it is expedient that the principle within the metropolitan police district, or any magistrate ap- of payment by salary in lieu of fees should be further provided pointed to act at the police courts of the Dublin metropolitan for, and that the clerks of assize should be so paid for the perdistrict, and sitting at a police court within the said district, formance of all their other duties : be it therefore enacted, that or any stipendiary magistrate appointed for any city, town, all fees and emoluments heretofore payable to the clerks of liberty, borough, or district, and sitting at a police court or assize for the performance of their duties as clerks of the Crown other place appointed in that behalf, may, in the case of per- shall be and they are hereby abolished ; and all the powers and sons charged before such magistrate, do alone all acts by this provisions made by the before-mentioned act, except as is act authorised to be done by justices of the peace in petty ses- hereinafter provided, for the payment of clerks of assize by sions, and all the provisions of this act referring to justices salary in lieu of fees, in respect of their duties as associates, in petty sessions shall be read and construed as referring also shall be and the same are hereby extended and made applicable to such magistrate.

to the payment of clerks of assize by salary, and the expenses 17. Nothing in this act shall affect the provisions of the act of their offices, in lieu of fees and emoluments, for the perof the session holden in the 10 & 11 Vict. c. 82, “ for the formance of their duties as clerks of the Crown, and of all other more speedy Trial and Punishment of Juvenile Offenders," or duties appertaining to the office of clerk of assize : provided of the act of the session holden in the 13 & 14 Vict. c. 37, always, that the Commissioners of her Majesty's Treasury for " for the further Extension of Summary Jurisdiction in Cases the time being shall fix and determine the amount of salary to of Larceny," or of the Summary Jurisdiction (Ireland) Act, be allowed to any subordinate officer now employed or who 1851 ; and this act shall not extend to persons punishable sball hereafter be employed by any clerk of assize, and shall under the said acts, so far as regards offences for which such be empowered to order the payment of such salary to the said persons may be punished thereunder.

officers in the first instance, and not through the medium of 18. And whereas the fees and emoluments of clerks of the the clerk of assize : provided also, that the salaries and expeace for counties and boroughs, and of other officers of the penses of the officers of the said clerks of assize for the whole courts of quarter sessions, in criminal proceedings, may be of their duties on the criminal and civil sides of the court seriously diminished by the operation and effect of this act, shall be paid out of any monies which may be provided by and it is just and reasonable that full compensation for any Parliament for that purpose. such loss should be made in respect thereof to such clerks of 21. And whereas, by the acts of the 12 Rich. 2, c. 10, and 14 the peace and other officers appointed before the passing of Rich. 2, c. 12, payments are provided for justices of the peace this act : be it enacted, that immediately after the passing of and their clerks in each county, as wages by the day for the this act the Commissioners of her Majesty's Treasury shall, time of their sessions, to be payable by the sheriff as therein upon the application of any such clerk of the peace or other mentioned, and in several counties in England sums are claimed officer, by such means and in such manner as they may think from the sheriffs and paid in respect of such statutory wages, proper, inquire into and ascertain the annual amount, to be and it is expedient that such payments should be discontinued : computed upon an average of five years immediately preceding be it therefore enacted, that so much of the several acts of the the passing of this act, or of such shorter period as such clerk | 12 Rich. 2, c. 10, and the 14 Rich. 2, c. 12, or of any other day of

act now in force, as directs or authorises the payment of wages

CAP. CXXVII. to justices of the peace and their clerks for the time of their An Act to make better Provision for the Union of contiguous sessions, shall be repealed.

Benefices, and to facilitate the building and endowing of new 22. And whereas it is expedient to amend the law as to witnesses in cases of wilful or malicious injuries to property :

Churches in spiritually destitute Districts.

[14th August, 1855.] be it further enacted, that in all cases wbere any justice or justices of the peace have or shall hereafter have power to order a Sect. 1. Contiguous benefices may be united under this act, sum of money to be forfeited and paid to the party aggrieved, without regard to the aggregate population or yearly value. as amends or compensation for any injury to property, real 2. On representation of inhabitants of any two or more paor personal, the right of such party to receive the money so rishes that their benefices might be advantageously united, the ordered to be paid shall not be affected by such party having bishop shall inquire into the same. been examined as a witness in proof of the offence, any law or 3. Church Building Commissioners may propose scheme for statute to the contrary notwithstanding.

transfer of surplus revenues to poor parishes. 23. In the interpretation of this act "county" shall be 4. Scheme to be posted on church doors, &c. Parties inconstrued to include riding, parts, liberty, and division of a terested may shew cause against scheme. If no sufficient county; “ borough" to include city, county of a city or town, cause shewn, commissioners to certify to Queen in Council. and town corporate; “property" to include everything in- Proviso. cluded under the words “ cbattel, money, or valuable secu- 5. Protests against the scheme may be considered by Judirity," as used in the act of the session holden in the 7 & 8cial Committee. Geo. 4, c. 29; and in the case of any “valuable security,” the 6. Queen in Council may make orders affirming or approving value of the share, interest, or deposit to which the security any scheme. may relate, or of the money due thereon or secured thereby, 7. Orders in Council to be gazetted and registered, and to and remaining unsatisfied, or of the goods or other valuable have the force of law. thing mentioned in the warrant or order, shall be deemed to 8. Commissioners may propose scheme for erection of new be the value of such security.

church or parsonage, removal of old church or parsonage, sale 24. This act shall pot extend to Scotland.

of site, &c., for the purposes of this act.

9. No burial ground or site of church to be sold under this

act. Vaults and tablets. SCHEDULE.

10. Church and vestry of church left standing to be the

church and vestry of united parishes. FORM (A.)

11. Bishop of London may, under certain circumstances, Conviction.

appropriate for service in Welsh one of the churches in LonBe it remembered, that on the

don otherwise to be pulled down. to wit. in the year of our Lord at , in the 12. Bishop may prepare a scheme for transference of lecsaid [county), A. B., being charged before us, the under-tures from churches to be pulled down. signed, of her Majesty's justices of the peace for the

13. Commissioners may re-appropriate pews of churches said [county), and consenting to our deciding upon the charge left standing in united benefices. summarily, is convicted before us, for that she, the said A. B.,

14. Sites of churches to be pulled down to vest in commisfc., stating the offence, and the time and place when and sioners, in trust to sell, and apply the proceeds to purposes in. where committed); and we adjudge the said A. B., for his dicated in Order in Council. Commissioners may make valid said offence, to be imprisoned in the [house of correction) at conveyances of such sites. Proviso. in the said [county], [and there kept to hard labour), for

15. Commissioners to report. the space of

16. Extent of act. Given under our hands and seals the day and year first

17. Continuance of act. above mentioned, at -, in the county) aforesaid.

(L. s.)

CAP. CXXVIII.
H. M. (1. s.)
FORM (B.)

An Act further to amend the Laws concerning the Burial of

the Dead in England. Certificate of Dismissal,

[14th August, 1855.] of her Majesty's justices of the peace for Sect. 1. Orders in Council under the recited acts may be to wit. the [county] of , certify, that on the

varied by like orders. day of -, in the year of our Lord at -, in the 2. Penalty on persons burying contrary to the provi. said [county), A. B. being charged before us, and consenting

sions of Orders in Council. to our deciding upon the charge summarily, for that [be, the 3. Power to churchwardens to call vestry meeting for said A. B., stating the offence charged, and the time and

providing burial grounds. Where Order in Coun. place when and where alleged to be committed], we did,

cil has been made or notice given to apply to the having summarily adjudicated thereon, dismiss the said charge.

Privy Council for closing burial grounds, churchGiven under our hands and seals this day of

wardens shall call a meeting of vestry. at ~, in the [county) aforesaid.

4. Vacancies in burial board to be filled up by vestry J. S. (L. S.)

within a month. H. M. (L. S.)

5. Monthly meetings of boards repealed. FORM (C.)

6. Sanction of vestry not

required for expenditure and Conviction upon a Plea of Guilly.

other acts of burial board in certain cases.

7. Fees, &c. to be subject to the approval of Secretary Be it remembered, that on the day of , in

of State. to wit. the year of our Lord, at , in the said 8. Secretary of State may direct inspection of burial [county), A. B. being charged before us, the undersigned,

grounds. Penalty for obstructing inspector or of her Majesty's justices of the peace for the said

violating regulations. [county), for that she, the said A. B., &-c., stating the offence, 9. Part of sect. 24 of the 15 %. 16 Vict. c. 85, repealed. and the time and place when and where committed], and

Burial ground not to be within 100 yards of a pleading guilty to such charge, he is thereupon convicted be

dwelling-house. fore us of the said offence; and we adjudge the said A. B., for 10. If ratepayers resolve, land for new burial ground his said offence, to be imprisoned in the house of correction]

may be conveyed and settled as old burial ground. at, in the said [county], [and there kept to hard labour], 11. How burial grounds are to be provided for united for the space of

parishes. Given under our hands and seals the day and year first 12. Burial boards may be appointed for township, &c. above mentioned, at , in the [county) aforesaid.

(not separately maintaining their own poor) which J. S. (L. S.)

have had separate burial grounds. H. M. (L. S.) 13. Provision for expenses of burial boards of places not

separately maintaining their own poor.

J. S.

[ocr errors]

14. No obligation to build a chapel for persons not mem- 4. Every vacancy in any burial board shall be filled up by

bers of the Church of England, when Secretary of the vestry appointing the same within one month after such State, upon representation of three-fourths of ves. vacancy shall have happened, and immediately on the occurtry, declares it unnecessary.

rence thereof the same shall be notified by the burial board to 15. Assessment to local rates not to be increased after the church wardens or other persons to whom it belongs to

purchases for the purposes of this or any former convene meetings of the vestry; and in case any such vestry act.

shall neglect to fill up any such vacancy, the vacancy may be 16. Separate burial boards whose burial grounds adjoin filled up by the burial board at any meeting thereof; and every

may contract with each other for specific purposes. person to be appointed to supply any such vacancy shall be a 17. Burial board may let land not required for burials. ratepayer of the parish for which the burial board is appointed; 18. Burial board to keep in order closed burial grounds, and every such board may act for any purpose, notwithstanding &c.

any vacancies therein. 19. Act not to abridge powers of local boards of health, 5. So much of sect. 13 of the said 15 & 16 Vict. [c. 85), as &c.

requires that the burial board shall meet once at least in every 20. Local boards of health to exercise powers of this month shall be repealed. act.

6. If the vestry of any parish shall refuse or neglect to 21. Acts to be construed together.

authorise the expenditure of such sums as the burial board of Whereas an act was passed in the session of Parliament such parish shall have declared to be necessary for providing holden in the 15 & 16 Vict. c. 85," to amend the Laws con- chapel or chapels therein, it shall be lawful for such burial

and laying out a burial ground, and building the necessary cerning the Burial of the Dead in the Metropolis ;” and an board to represent such refusal or neglect to one of her Maact was passed in the session of Parliament holden in the 16 & 17 Vict. c. 134, “ to amend the Laws concerning the Burial jesty's Principal Secretaries of State ; and in case it shall appear of the Dead in England beyond the Limits of the Metropolis, of the case, that the burial board are unable to provide such

to the Secretary of State, after inquiry into the circumstances and to amend the Act concerning the Burial of the Dead in burial ground, or to proceed effectually in the execution of the Metropolis ;” and an act was passed in the last session their duties, by reason of such refusal or neglect, it shall be of Parliament, the 17; & 18 Vict. c. 87, “ to make further lawful for such Secretary of State, by warrant under his hand, Provisions for the Burial of the Dead in England beyond to authorise such burial board, without further authority, sancthe Limits of the Metropolis :" and whereas it is expedient that further provision should be made for the burial of the tion, or approval of or by such vestry, to expend such sums dead, and that the said acts should be amended : be it there building the necessary chapel or chapels thereon, and to bor

of money for providing and laying out a burial ground, and fore enacted &c, as follows:

row and charge such money for all or any of such purposes, Sect. 1. It shall be lawful for her Majesty, by and with the and to enter into and make such contracts and purchases, and advice of her Privy Council, from time to time to postpone the do such other acts as under sects. 19, 20, 26, and 42 of the time appointed by any Order in Council for the discontinuance said 15 & 16 Vict. (c.85], might have been expended, borrowed, of burials, or otherwise to vary any Order in Council made and charged, entered into, made, and done with the authority, under any of the said recited acts or this act, (whether the approval, and sanction of such vestry, subject nevertheless to time thereby appointed for the discontinuance of burials there- such limitation of amount, or other limitation or restriction, as under, or other operation of such order, shall or shall not have such Secretary of State may by his warrant prescribe ; and all arrived), as to her Majesty, with such advice as aforesaid, acts done in pursuance of such warrant shall be as valid and may seem fit; and every order of her Majesty in Council made effectual as if the authority, approval, and sanction of such before the passing of this act for varying any order previously vestry had in every case been obtained. made under the said acts, or any of them, shall be deemed 7. All such fees, payments, and sums as may be fixed, set. valid and effectual in law.

tled, and received by any burial board under sect. 34 of the 2. If any person, after the time mentioned in any Order in said 15 & 16 Vict. [c. 85), shall be so fixed and settled subject Council under the said acts, or any of them, or this act, for to the approval of one of her Majesty's Principal Secretaries of the discontinuance of burials, shall knowingly and wilfully State ; and no such fees, payments, or sums shall be altered bury any body, or in anywise act or assist in the burial of or varied without such approval. any body, in any church, chapel, churchyard, burial ground, 8. It shall be lawful for one of her Majesty's Principal or place of burial, or (as the case may be) within the limits in Secretaries of State from time to time to appoint and authorise which burials have by such orders been ordered to be discon- any person to inspect any burial ground or cemetery, parochial tinued, in violation of the provisions of any such order, every or non-parochial, or place for the reception of bodies, to ascerperson so offending shall, upon summary conviction before tain the state and condition thereof, and where regulations in two justices of the peace, forfeit a sum not exceeding 101. relation thereto have been made or may be made by the Secre

3. The churchwardens or other persons to whom it belongs tary of State under the said acts or any of them, to ascertain to convene meetings of the vestry of any parish in which no whether such regulations have been observed and complied burial board has been appointed may at any time, at their with ; and if any person having the care of any such burial discretion, without requisition of ratepayers for that purpose, ground, or cemetery, or other place, shall obstruct any person convene a meeting of such vestry for the purpose of deter- so authorised to inspect the same, or if any person having the mining whether a burial ground shall be provided for the pa- care of any burial ground or place for the reception of bodies, rish; and where any Order in Council has been made before subject to such regulations as aforesaid, shall violate or neglect the passing of this act for discontinuing burials (wholly, or

or fail to observe and comply with any such regulation, or any subject to any exception or qualification) in any burial ground regulation imposed by this act, every person so offending shall, of any parish for which po burial board has been appointed, upon summary conviction thereof before two justices, forfeit or notice has been given of the intention of the Secretary of and pay a sum not exceeding 101. State to make a representation to her Majesty in Council that 9. So much of the said act of the 15 & 16 Vict. (c. 85), as burials should be discontinued (wholly, or subject to any excep- enacts that "no ground (not already used as or appropriated tion or qualification) in any burial ground of any parish, the for a cemetery) shall be appropriated as a burial ground, or as churchwardens, or other persons to whom it belongs to convene an addition to a burial ground, under that act, nearer than meetings of vestry, shall, with all convenient speed after the 200 yards to any dwelling-house, without the consent in passing of this act, convene a meeting of the vestry for the writing of the owner, lessee, and occupier of such dwellingpurpose aforesaid ; and where at any time hereafter notice is house," shall be repealed; but no ground not already used as given of the intention of the Secretary of State to make a or appropriated for a cemetery shall be used for burials under like representation in relation to a burial ground of any pa- the said act or this act, or either of them, within the distance rish, such churchwardens or other persons as aforesaid shall of 100 yards from any dwelling-house, without such consent forthwith convene a meeting of the vestry for the purpose as aforesaid. aforesaid ; and all the provisions of the said acts, as amended 10. If the ratepayers assembled at any vestry duly convened by this act, relating to and consequent upon vestry meetings under the provisions of this act shall, in pursuance of public convened upon such requisition as provided by the first-recited notice duly given in that behalf, resolve unanimously that any act, shall be applicable to vestry meetings convened under this new burial ground to be provided for their parish, under the enactment.

provisions of this act, shall be held and used in like manner,

and subject to the same laws and regulations in all respects, as board, and shall levy such sums as may be required for such the existing burial ground or churchyard of the said parish, payments to the burial board by an addition to the parish rate the land for such new burial ground may be conveyed and or common rate, so far as the same affects the district in resettled in accordance with such resolution, anything in this or spect of which such payments are required, or by separate the said recited acts notwithstanding, and in such case it shall rates to be made from time to time on such district ; and for not be necessary to set apart, to remain unconsecrated, any levying such additions or separate rates as aforesaid, such overportion of the land so conveyed and settled : provided always, seers or other persons shall have the powers, remedies, and that if at any time within ten years thereafter the vestry, duly privileges, and proceed in the same manner, as in the case of convened under the provisions of this act in pursuance of the rates for the relief of the poor : provided that any such public notice duly given in that behalf, should determine that rates may, notwithstanding any restriction in relation to the an unconsecrated burial ground should be also provided for parish rate or common rate, be made and levied at such times such parish, all the powers and provisions of the said recited as may be necessary to provide for the payments aforesaid. acts and this act may be put in force, and shall be applicable 14. And whereas doubts have'arisen whether in all cases in for providing such unconsecrated burial ground separately, in which any burial board shall build in any burial ground pro. like manner as they might have been put in force and been vided by such board a chapel for the burial service according applicable for providing an ordinary burial ground for such to the rites of the United Church of England and Ireland, parish.

such burial board is not also bound by law to build a chapel 11. Where a parish or place has been united with any other or chapels upon the unconsecrated part of such burial parish or place, parishes or places, for all or any ecclesiastical ground for the performance of burial service for persons not purposes, or where two or more parishes or places have here being members of the said church: be it enacted, that in tofore bad a church or a burial ground for their joint use, or any such case as aforesaid, where it shall appear to one of her where the inhabitants of several parishes or places have been Majesty's Principal Secretaries of State, upon the representa. accustomed to meet in one vestry for purposes common to tion of a majority of the vestry of any parish, consisting of such several parishes or places, it shall be lawful for the ves. not less than three-fourths of the members of the same, that try, or any meeting in the nature of a vestry, of such several the building of a chapel upon the unconsecrated part of any parishes or places in any of the cases aforesaid, and whether such burial groupd for the use of persons not being members any one or more of such parishes or places do or do not sepa of the said church is undesirable and unnecessary, it shall be rately maintain its own poor, to appoint a burial board, and lawful for the said Secretary of State, if he shall think fit, to sig. from time to time to supply vacancies therein, and to exercise nify his opinion to that effect to the burial board of the parish, the same powers of authorisation, approval, and sanction in and the said burial board shall thereupon be relieved from all relation to such burial board, and such other powers, as under obligation to build the same: provided always, that such Secrethe said acts and this act are vested in the vestry of a parish tary of State shall not signify his opinion as aforesaid unless or place separately maintaining its own poor; and the burial it be shewn to his satisfaction that notice of the intention to board so appointed shall have all the powers for providing a propose to such vestry to make such representation was given burial ground for the common use of such several parishes or in manner required by law for notices of vestry meetings, and places, and for facilitating interments, and otherwise, as if of the special purposes thereof. such several parisbes or places had been a parish separately 15. No land already or to be hereafter purchased or acquired, maintaining its own poor; and the expenses of the burial under the provisions of any of the acts hereinbefore recited, board appointed under this provision shall be borne by the for the purpose of a burial ground, (with or without any build. several parishes or places for which such board is appointed, ing erected or to be erected thereon), shall, while used for such and shall be apportioned among them by such burial board purposes, be assessed to any county, parochial, or other local in proportion to the value of the property in such several rates at a higher value or more improved rent than the value parishes or places as rated to the relief of the poor ; and / or rent at which the same was assessed at the time of such the sums required by the burial board in respect of the purchase or acquisition. portion of such expenses to be borne by any such parish or 16. That in any case where the burial boards appointed under place shall be paid out of the rates for the relief of the poor the said recited acts of the 15 & 16 Vict. (c. 85), and the in such parish or place, in like manner as if such burial board 16 & 17 Vict. [c. 134), or either of them, for any two parishes, had been appointed for such parish or place alone.

shall provide separate burial grounds for such parishes respec12. The vestry, or meeting in the nature of a vestry, of any tively, and such burial grounds shall adjoin each other, it shall parish, township, or other district not separately maintaining be lawful for the said burial boards to concur in building, either its own poor, which has heretofore had a separate burial on one of the said burial grounds, or partly on one of such ground, may appoint a burial board, and from time to time grounds and partly on the other, such chapels as are authorised supply vacancies therein, and may exercise the same powers of to be built by the said acts, and that such chapels when erected authorisation, approval, and sanction in relation to such barial shall be used in common by both of such parishes, and be board, and such other powers, as under the said acts and this deemed and taken to be the chapels of and belonging to each act are vested in the vestry of a parish separately maintaining of such burial grounds respectively, in such manner, consistent its own poor; and the burial board so appointed shall have all with the provisions of the said acts or either of them, as the the powers for providing a burial ground and otherwise as if said burial boards shall mutually agree upon; and that the such parish, township, or other district had been a parish said burial boards may agree as to the proportions in which separately maintaining its own poor.

the expenses of erecting such chapel accommodation shall be 13. Where any district (whether a parish or township or borne by each of the said boards respectively; and the proporother subdivision) not separately maintaining its own poor, tion for each of such parishes of such expenses shall be chargebut forming part of a parish maintaining its own poor, or of able upon and paid in the same manner as the costs of proan incorporation or other union maintaining the poor of the viding burial grounds under the said acts; and where any places comprised therein, by means of a common rate, shall burial board shall provide a burial ground, and cause chapels have a burial board, or shall form part of a place or union of to be built thereon, pursuant to the said recited acts, it shall places not co-extensive with the area rated for the relief of the be lawful for such burial board, with the sanction of one of her poor, and having one burial board, it shall be lawful for such Majesty's Principal Secretaries of State, to contract with any respective burial board to issue their certificate to the overseers other burial board whose burial ground shall adjoin the one of such parish, or the overseers or other persons authorised to on which such chapels shall so have been built, for the use make and collect or caused to be collected such common rate, of such chapels, in such manner and on such terms as such as the case may be, for payment of the sums required for the respective burial boards shall mutually agree, and that during expenses of such burial board, or, where such district not se- the existence of any such agreement such chapels shall be parately maintaining it own poor forms part only of the area deemed and taken to be the chapels of and belonging to each of the burial board, of the sums required in respect of the of such burial grounds respectively. portion of such expenses to be borne by such district, in like 17. It shall be lawful for any burial board, with the sanction manner as if such district had been a parish separately main- of one of her Majesty's Principal Secretaries of State, and taining it own poor, and such overseers

or persons authorised subject to regulations approved of by him, to let any land as aforesaid had been the overseers thereof; and such over purchased by and vested in them under this act, or any of the seers or persons shall pay such sums as shall be required by acts hereinbefore recited, and which has not been consecrated, such certificate, according to the directions of such burial and in which no body has been at any time interred, and which

&c.

is not for the time being reqnired for the purposes of a burial | fact of the grant having been made upon such application, and ground, in such manner and on such terms as such board may for some such purpose as aforesaid, and referring to this act ; see fit, but so nevertheless that power shall be reserved to and in any case in which any grant as aforesaid shall have been such board to resume any such land which may be required already made, so soon as such memorandum shall have been for the purposes aforesaid upon giving six months' notice. indorsed and signed on any such deed, all bonds, covenants, or

18. In every case in which any Order in Council has been other personal obligations heretofore given or entered into to or shall hereafter be issued for the discontinuance of burials in prevent the exercise of any such power of sale, exchange, or any churchyard or burial ground, the burial board or church. mortgage without such consent as aforesaid, shall, so far as wardens, as the case may be, shall maintain such churchyard they relate to such exercise, but no further, be annulled. or burial ground of any parish in decent order, and also do 2. Nothing herein contained shall affect any purchaser for the necessary repair of the walls and other fences thereof, and a valuable consideration without notice, nor be deemed to apply the costs and expenses shall be repaid by the overseers, upon to any school in respect of any such grant heretofore made the certificate of the burial board or churchwardens, as the without any such bond, covenant, or other personal obligations case may be, out of the rate made for the relief of the poor of or conditions, as to sale, exchange, or mortgage, having been the parish or place in which such churchyard or burial ground entered into by the trustees or persons holding the legal estate is situate, unless there shall be some other fund legally charge- in such schools and the Committee of Council on Education. able with such costs and expenses.

19. Nothing in this act contained shall in anywise abridge, lessen, or defeat any power, right, or privilege of any local

CAP. CXXXII. board of health, being the burial board of a borough created or An Act for facilitating the Erection of Dwelling-houses for the to exist under or by virtue of any local act of Parliament,

Labouring Classes.

[14th August, 1855.] 20. Any local board of health acting as or created a board under or by virtue of the powers of any local act of Parliament Sect. 1. Short tille. shall and may have and exercise all the powers, rights, and

2. Power to form company. privileges which by this act or by the secondly-recited act are

3. Registration of articles. or can or may be had, enjoyed, or exercised by any burial

4. Certificate of incorporation. board therein named.

5. Stat. 8 & 9 Vict. c. 16, incorporated with this act. 21. The said acts of the 15 & 16 Vict., 16 & 17 Vict., and

6. Purpose of company. 17 & 18 Vict., and this act shall be read and construed toge.

7. Regulation as to dwellings. ther as one act.

8. Permissive rights of the company.

9. Power to mortgage given in certain cases. CAP. CXXIX.

10. Rules as to demises by the company. An Act to apply a Sum out of the Consolidated Fund and the

11. Power to company to purchase interests of lessees.

12. Penalty on misappropriation of funds. Surplus of Ways and Means to the Service of the Year

13. Penalty in case dwellings are not sufficiently drained 1855, and to appropriate the Supplies granted in this Session of Parliament.

[11th August, 1855.]

14. Penalty on obstructing inspector. CAP. CXXX.

15. Certain provisions of the 8 & 9 Vict. c. 18, incorpo.

rated with this act. An Act for raising the Sum of Seven Millions by Exchequer 16. Recovery of penallies. Bills and Exchequer Bonds, for the Service of the Year 1855.

17. Extent of act. [14th August, 1855.]

Whereas it is expedient that facilities should be afforded for CAP. CXXXI.

the erection of healthful and commodious dwellings for the An Act to render more secure the Conditions upon which labouring classes : be it therefore enacted &c. as follows:Money is advanced out of the Parliamentary Grant for the Labourers' Dwellings Act, 1855."

Sect. l. This act may for all purposes be cited as "The Purposes of Education. [14th August, 1855.]

Constitution of Company. Sect. 1. Sale, &c. of premises in respect of which grant of

2. Any number of persons not less than six may, by submoney has been made not to be valid without con. sent of Secretary of State, &c.

scribing articles of association, or a schedule thereto, form 2. Purchasers not to be affected without notice.

themselves into a company for the purposes hereinafter men

tioned: the articles shall be in the form set forth in the scheWhereas it is expedient that greater security should be dule hereto, or as near thereto as circumstances permit: there afforded for the due application of money advanced in certain shall be set opposite to the name of each subscriber the sum cases to the trustees or managers of schools by the Lords subscribed for by him in the capital of the company, and his Commissioners of the Treasury out of the Parliamentary grant subscription shall be deemed to imply a covenant on the part for the promotion of education in Great Britain: be it there of himself, his heirs, executors, and administrators, to pay to fore enacted &c. as follows:

the company the amount so subscribed for. Sect. 1. Where any grant hath been made or shall hereafter 3. The articles shall be registered by the registrar of jointbe made out of any sums of money heretofore granted or here- stock companies, who shall charge in respect of such registraafter to be granted by Parliament for the purposes of education tion such fees as may from time to time be directed by the in Great Britain, under the advice of any Committee of the Lords of the Committee of Privy Council appointed for the Council on Education for the time being, to the trustees, ma consideration of matters relating to trade and plantations, nagers, or other persons applying on behalf of any school, hereinafter called the Board of Trade ; and upon such registrawith the consent of the trustees or persons holding the legal tion being made, the subscribers, together with such other estate thereof, for or towards the purchase of the site or the persons as may from time to time become members of the erection, enlargement, or repair of the school, or the residence company, shall be a body corporate by the name prescribed in of the master or mistress, or the furnishing such school or re- the articles of association, having a perpetual succession and a sidence, no sale, exchange, or mortgage of the premises in common seal; but no such registration shall be made until it respect of which such grant hath been or may hereafter be is proved to the satisfaction of the said registrar that threemade, in exercise of any power contained in the conveyance or fourths of the proposed capital has been subscribed for, and other deed relating thereto, or under any other legal authority, that 101. per cent. upon such capital has been paid up. shall be valid unless either the consent of the Secretary of State 4. The said registrar shall grant a certificate stating the for the Home Department for the time being, in writing under date of the incorporation of the company, and such certificate his hand, be given to the same, or the amount of the grant shall in all cases be primâ facie evidence of the fact of such which shall have been made as aforesaid shall be repaid to the incorporation. Lords Commissioners of the Treasury for the time being; and 5. The Companies Clauses Consolidation Act, 1845, shall whenever any grant as aforesaid shall be hereafter made, a be incorporated into and form part of this act, with the excepmemorandum, to be signed by one of the Lords Commissioners tion of the provisions relating to the recovery of damages, and of the Treasury for the time being, 'shall be indorsed upon some to the provision to be made for affording access to the special one of the title deeds relating to the school, certifying to the act; and in the construction of the said Companies Clauses

M

« AnteriorContinuar »