No. III. 2 & 3 W. 4. c. 80. Referees to make surveys, maps, and ad measurements; to summon and examine wit nesses on oath; to call for all deeds, &c.; to make awards, with maps thereto, on parchment or vellum. Awards and maps to be laid before parties, and their approbation to be written. Certain consents required to render valid proceedings under this act. Power to in fants, married women, lunatics, &c. to enter into reference. from and after the passing of this act it shall and may be lawful to and ; II. Provided always, that in every case in which any of the powers herein-before contained shall be exercised by any bishop, dean, archdeacon, prebendary, or other ecclesiastical corporation sole, the deed of submission or agreement of reference, and also the approbation of the award, shall, in the case of a bishop, be executed by the archbishop of the province testifying his consent thereto; or in case of a dean, the same shall be executed by the dean and chapter testifying their consent thereto; or in the case of an archdeacon, prebendary, or other ecclesiastical corporation sole, the same shall be executed by the archbishop or bishop of the diocese testifying his consent thereto. III. That from and after the passing of this act it shall and may be lawful to and for the said lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or undertenants, and such other owner or owners as herein-before named, his, her, or their heirs, executors, administrators, or assigns, who at the time of making any reference authorized by this act shall be tenant or tenants in fee tail, general or special, or for life or lives, and for the guardians, husbands, committees, or attornies of or acting for any such lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, and such other owner or owners as herein-before named, his, her, or their heirs, executors, administrators, or assigns, who at the time of making any such reference shall be respectively an infant or infants, feme covert or femes covert, or of unsound mind, or beyond the seas, or under any other legal disability, or otherwise disabled to act for themselves, himself, or herself, to sign, seal, and deliver any agreement of reference or deed of submission or approbation of any award or awards and map or maps authorized by this act to be made, as fully and effectually to all intents and purposes as if such lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under tenants, and such other owner or owners as herein-before named, his, her, or their heirs, executors, administrators, or assigns, had been tenant or tenants in fee simple, and of full age, sole, of sound mind, or within the realm of England, and not under any other legal disability. No. III. 2 & 3 W. 4, and c. 80. maps, to IV. That immediately after the execution by the parties of the instru- Agreements or ment shewing their approbation of any award to be made by virtue of this deeds of referact, the agreement of reference or deed of submission, and also the ence, awards award or awards and map or maps, authorized to be made by this act, and a copy of the minutes of evidence whereupon the same is made, be deposited in shall be deposited, in the case of any reference by any archbishop or registry of bishop, in the office of their own registrar; and in case of any reference bishop, &c. archbishop, by any dean, dean and chapter, archdeacon, prebendary, canon, and other dignitary and officer of a cathedral or collegiate church or chapel, in the office of the registrar of the dean and chapter thereof; and in case of any reference by any masters or other heads, or by any fellows and scholars, or other societies herein-before named, in the office of the steward or other proper officer of their said colleges and halls; and every Documents to such registrar, steward, or other officer, or some person or persons on be produced his behalf, shall produce the documents and papers so deposited with for inspection. him, or any of them, at all proper and usual hours of business, to every person interested in the subject matter of such award, or to his or her agent duly authorized, who shall make application to inspect the same or any of them, and shall furnish a copy or copies of the same or any of them to every such person or agent who shall make application for such copy or copies; and every such registrar, steward, or other officer shall Registrar's in every case be entitled to the sum of five shillings and no more for fees. receiving and preserving the agreement of reference or deed of submission, award or awards, map or maps, and copy of the minutes of evidence as aforesaid; and the sum of one shilling and no more for every production of the same or any of them to be inspected; and the sum of sixpence and no more for every folio containing seventy-two words of every copy; and the sum of ten shillings and no more for every copy of a map so made as aforesaid. V. That the expences attending every reference which shall be made Expences of under the authority of this act, and all the proceedings hereby required reference how relating to the same, shall be paid and borne by the parties thereto in to be paid. such manner, shares, and proportions as they shall agree; and in case the said parties shall not make any agreement relating to such expences, then all such expences, or so much thereof as shall not be provided for by such agreement, shall be paid and borne by the said parties in equal moieties. VI. Provided also, That this act shall extend only to that part of the Act limited to United Kingdom called England and Wales. England and No. IV. 3 & 4 W. 4, c. 31. Elections of officers of corporations and other public companies now required to be held on a Sunday shall be held on the Saturday preceding or the Monday following. If election does not take place on the Saturday the person holding the office to continue until the so to do Monday. Elections not made on such Saturday or Monday shall be taken to be within the provisions of 11 G. 1, c. 4. Repeal of all acts, charters, and customs inconsistent with this act. [No. IV.] 3 & 4 W. IV. c. 31.-An Act to enable the II. That whenever the nomination, election, appointment, swearing in, or admission of any such officer or officers as before mentioned, shall not take place on such Saturday or Monday, or shall become void, the case shall be and is hereby declared to be within the provisions of an act made and passed in the eleventh year of his late Majesty King George the first, intituled An Act for preventing the Inconveniences arising for Want of Elections of Mayors or other Chief Magistrates of Boroughs or Corporations being made upon the Days appointed by Charter or Usage for that Purpose, and directing in what Manner such Elections shall be afterwards made as fully and effectually as if such officer or officers had been expressly named in the said act.' Wales. [No. V.] 5 & 6 W. 4, c. 76.-An Act to provide for the Regulation of Municipal Corporations in England and [9th September 1835.] WHEREAS divers bodies corporate at sundry times have been constituted within the cities, towns, and boroughs of England and Wales, to the intent that the same might for ever be and remain well and quietly governed; and it is expedient that the charters by which the said bodies corporate are constituted should be altered in the manner herein-after mentioned; be it therefore enacted, &c., That so much of all laws, statutes, and usages, and so much of all royal and other charters, grants, and letters patent now in force relating to the several boroughs named in the schedules (A.) and (B.) to this Act annexed, or No. V. to the inhabitants thereof, or to the several bodies or reputed bodies corporate named in the said schedules, or any of them, as are inconsis- 5 & 6 W. 4, tent with or contrary to the provisions of this act, shall be and the same are hereby repealed and annulled. c. 76. II. And whereas in divers cities, towns, and boroughs the common Reservation of lands and public stock of such cities, towns, and boroughs, and the all rights of rents and profits thereof, have been held and applied for the particular property and benefit of the citizens, freemen, and burgesses of the said cities, towns, beneficial exand boroughs respectively, or of certain of them, or of the widows or emptions to kindred of them, or certain of them, and have not been applied to pub- freemen, their he purposes; be it therefore enacted, That every person who now is wives and or hereafter may be an inhabitant of any borough, and also every per- children. son who has been admitted or who might hereafter have been admitted a freeman or burgess of any borough if this act had not been passed, or who now is, or hereafter may be the wife or widow or son or daughter of any freeman or burgess, or who may have espoused or may hercafter espouse the daughter or widow of any freeman or burgess, or who has been or may hereafter be bound an apprentice, shall have and enjoy and be entitled to acquire and enjoy the same share and benefit of the lands, tenements, and hereditaments, and of the rents and profits thereof, and of the common lands and public stock of any borough or body corporate, and of any lands tenements and hereditaments, and any sum or sums of money, chattels, securities for money, or other personal estate, of which any person or any body corporate may be seised or possessed in whole or in part for any charitable uses or trusts, as fully and effectually, and for such time and in such manner, as he or she by any statute, charter, bye-law, or custom in force at the time of passing this act might or could have had, acquired, or enjoyed in case this act had not been passed: Provided always, that the total amount to be divided amongst the persons whose rights are herein reserved in this behalf shall not exceed the surplus which shall remain after payment of the interest of all lawful debts chargeable upon the real or personal estate out of which the sums so to be divided have arisen, together with the salaries of municipal officers, and all other lawful expences which, on the fifth day of June, were defrayed out of or chargeable upon the same: Provided also, that nothing herein-before contained shall be construed to apply to any claim, right, or title of any burgesses or freemen, or of any person, to any discharge or exemption from any tolls or dues levied wholly or in part by or to the use or benefit of any borough or body corporate; and that after the passing of this act no person shall have or be entitled to claim thenceforward any discharge or exemption from any tolls or dues lawfully levied in whole or in part by or to the use of any body corporate, except as herein-after is excepted: Provided nevertheless, that every person who, on the fifth day of June in this present year, was an inhabitant, or was or was entitled to be admitted a freeman or burgess of any borough, or who on the said fifth day of June was the wife or widow, son or daughter of any freeman or burgess of any borough, or who on the said fifth day of June was bound an apprentice, shall be entitled to have or acquire and enjoy the same discharge or exemption from any tolls or dues lawfully levied in whole or in part by or to the use of any borough or body corporate as fully and for such time and in such sort as he or she, by any statute, charter, byc-law, or custom in force on the said fifth day of June, might or would have had, acquired, and enjoyed the same if this act had not been passed, and no further or otherwise: Provided also, that where, by any statute, charter, bye-law, or custom in force within any borough at the time of passing this act, any person whose rights in this behalf are herein reserved would have been liable in case this act had not been passed to pay any fine, fee, or sum of money to any body corporate, or to any member, officer, or servant of any body corporate, in consideration of his freedom, or of his or her title to such rights as are herein reserved, no such person shall be entitled to have or claim any share or benefit in respect of No. V. 5 & 6 W. 4, c. 76. No freedom to the rights herein reserved as aforesaid, until he or she shall have pair the full amount of such fine, fee, or sum of money to the treasurer o such borough, appointed under the provisions of this act, on account o the borough fund herein-after mentioned: Provided also, that nothing in this act contained shall be construed to entitle any person to an share or benefit of the rights herein reserved, who shall not have firs fulfilled every condition which, if this act had not passed, would hav been a condition precedent to his or her being entitled to the benefit o such rights, so far as the same is capable of being fulfilled according to the provisions of this act, or to strengthen, confirm, or affect any claim right, or title of any burgesses or freemen of any borough or body cor porate, or of any person, to the benefit of any such rights as are herein before reserved, but the same in every case may be brought in question impeached, and set aside in like manner as if this act had not beer passed. III. Provided always, That from and after the passing of this act, ne be acquired by person shall be elected, made, or admitted a burgess or freeman of any gift or purchase borough by gift or purchase. Reservation of the parliamentary fran IV. And whereas the right of voting in the election of members to serve in parliament was by an act passed in the second year of the reigi 2. W. 4, c. 45. of his present Majesty, intituled An Act to amend the Representation o the People of England and Wales, preserved to all persons who ther were or thereafter might become freemen or burgesses of any city o borough, subject to the conditions and provisions in that act contained be it therefore enacted, That every person who if this act had not been passed would have enjoyed, as a burgess or freeman, or might hereafter have acquired, in respect of birth or servitude, as a burgess or freeman, the right of voting in the election of a member or members to serve in parliament for any city or borough, shall be entitled to enjoy or acquire such right of voting as fully as if this act had not been passed; and the town clerk of every city or borough returning a member or members to parliament shall at all times hereafter do and perform all things appertaining to the due registration of the freemen or burgesses of such city or borough according to the provisions of the said act. chise to freemen. town clerk. Freemen's roll V. That the town clerk of every borough shall on or before the first to be made out day of December next make out a list, to be called "The Freemen's and kept by the Roll," of all persons who at the time of the passing of this act shall have been admitted as burgesses or freemen of such borough; and that whenever any person shall hereafter become entitled to be admitted a burgess or freeman for the purposes aforesaid of such borough in respect of birth, servitude, or marriage, and shall claim to be admitted accordingly, the mayor of such borough shall examine into such claim, and upon such claim being established every such person shall thereupon be admitted and enrolled by the town clerk of such borough upon the freemen's roll; and the town clerk shall keep a true copy of such roll, to be perused by any person without payment of any fee, at all reasonable times, and shall deliver a copy thereof to any person requiring the same, on payment of a reasonable price for such copy, Corporations to VI. That after the first election of councillors under this act in any be styled mayor, borough the body or reputed body corporate named in the said schedules aldermen, and in connexion with such borough shall take and bear the name of the burgesses. mayor, aldermen, and burgesses of such borough, and by that name shall have perpetual succession, and shall be capable in law, by the council herein-after mentioned of such borough, to do and suffer all acts which now lawfully they and their successors respectively may do and suffer by any name or title of incorporation; and the mayor of each of the said boroughs shall be capable in law to do and suffer all acts which the chief officer of such borough may now lawfully do and suffer, so far as the same respectively are not altered or annulled by the provisions of this act. Boundaries. VII. That after the passing of this act the metes and bounds of the of certain boroughs to be those settled by 2 & 3 W. 4, c. 64. |
