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from and after the passing of this act it shall and may be lawful to and for any archbishop, bishop, dean, dean and chapter, or other corporation aggregate or sole herein-before mentioned, to enter into an agreement of reference or deed of submission with his or their lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, his, her, or their heirs, executors, administrators, or assigns, or with the owner or owners of any other hereditaments adjoining to or intermixed with the said manors, messuages, lands, tenements, tithes, or hereditaments, whereby it shall be agreed that any unknown or disputed boundaries or quantities of such manors, messuages, lands, tenements, tithes, or hereditaments, or any part thereof, shall be referred to the adjudication of such person or persons as may be agreed upon and nameel by the said archbishop, bishop, dean, dean and chapter, or other corporation aggregate or sole, and by his or their lessee or lessees, copyhold or customary tenant or tenants, sublessee or sub-lessees, under-tenant or under-tenants, his, her, or their heirs, executors, administrators, or assigns, or by such owner or owners of any other hereditaments situate as aforesaid; and that such referee or referees shall be fully authorized to make or cause to be made surveys, maps, and admeasurements of the said manors, messuages, lands, tenements, tithes, and hereditaments, or any part thereof, and to summon any persons as witnesses, and examine them on oath (which oath he or they are hereby authorized to administer) touching or concerning any of the matters or things so referred as aforesaid, or in any way relating thereto; and also to call for the production of all surveys, maps, deeds, books-, papers, and writings in the custody or power of any of the parties to the said reference, or of any other person or persons, of or concerning the matters in question j and the said referee or referees, having well and sufficiently investigated and considered the same, and all matters to him or them referred, shall and may make his or their award or awards in writing, under his or their hand and seal or hands and seals, with a map or maps drawn thereupon or thereunto annexed, and which said award or awards and map or maps shall be upon parchment or vellum, and shall award and detcrmine,'identify, delineate, and describe the boundaries, quantities, particulars, and situations of the said manors, messuages, lands, tenements, tithes, and hereditaments so referred to him or them as aforesaid; and the said award or awards and map or maps shall be laid before all the parties to any such agreement of reference or deed of submission, including the party or parties whose consent is required by this act, whose approbation thereof shall be written upon the said award or awards, and shall be signed and sealed by them, and thereupon the said award or awards, and map or maps shall be for ever afterwards binding upon all parties, and final and conclusive as to all matters therein contained or thereby referred to.
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 No. III. or sub-lessees, under-tenant or under-tenants, and such other owner 2 & 3 W. 4, or owners as herein-before named, his, her, or their heirs, executors, c. 80.
administrators, or assigns, who at the time of making any such reference * y—'
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 nib-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 fuD age, sole, of sound mind, or within the realm of England, and not under any other legal disability.
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 maps, to and a copy of the minutes of evidence whereupon the same is made, ^e deposited in shall be deposited, in the case of any reference by any archbishop or ^J^i bkhop, in the office of their own registrar j and in case of any reference 18
by any dean, dean and chapter, archdeacon, prebendary, canon, and «her dignitary and officer of a cathedral or collegiate church or chapel, m 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, turn, 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 °» in every case be entitled to the sum of five shillings and no more for fees, receiving aud 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 Bum 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. Rich 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 Baid parties in equal moieties.
VI. Provided also, That this act shall extend only to that part of the Act limited to t'nited Kingdom called England and Wales. England and
[No. IV.] 3 & 4 W. IV. c. 31.—An Act to enable the Election of Officers of Corporations and other Public Companies now required to be held on the Lord's Day to be held on the Saturday next preceding, or on the Monday next ensuing. ♦ [24th July 1833.]
"YyHEREAS the profanation of the Lord's Day is greatly increased by reason of certain meetings which are usually or occasionally held thereon: and whereas it is the duty of the legislature to remove as much as possible, impediments to the due observance of the Lord's Day; be it therefore enacted, &c, That every meeting or adjourned meeting of any vestry or corporation, whether ecclesiastical or civil, or of any public company, for the nomination, election, appointment, swearing in, or admission of any officer or officers, or for the transaction of any other secular affair of such vestry, corporation, or company, and every other meeting of a public and secular nature, which, according to any act of parliament, or according to any charter, grant, constitution, deed, testament, law, prescription, or usage whatsoever, is or shall be required to be held on any Lord's Day, or on any day which shall happen to be on a Lord's Day, shall be held on the Saturdaynext preceding, or on the Monday next ensuing, at the like hour, with like form and effect, as if the same had been held on such Lord's Day; and every matter transacted at any such meeting or adjourned meeting held upon any lord's Day, shall be absolutelyvoid and of none effect, to all intents and purposes whatsoever: Provided always, that when no such nomination, election, appointment, swearing in, or admission 6hall have taken place on such Saturday, every person whose term of office would, according to any such act, charter, grant, constitution, deed, testament, law, prescription, or usage, have expired on any such Lord's Day, shall continue in office, and exercise and enjoy all the powers and privileges annexed or relating to such office, until and on such Monday next ensuing, in the same manner as if such Monday had been the customary day of nomination, election, appointment, swearing in, or admission.
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 Corjiorations being made upon the Days appointed by Charter or Usage for that Purpose, and directing in wliat 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.
[No. V.] 5 & 6 W. 4, c. 76.—An Act to provide for the Regulation of Municipal Corporations in England and Wales. [9th September 1835.]
"VyHEREAS 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 cor]w>rate are constituted should be altered in the nianR- lofall ner herein-after mentioned; be it therefore enacted, &c, That so much acts charters °f a^ laws, statutes, and usages, and so much of all royal and other and'cusioms' charters, grants, and letters patent now in force relating to the several inconsistent boroughs named in the schedules (A.) and (15.) to this Act annexed, or with this act.
to the inhabitants thereof, or to the several bodies or reputed bodies No. V. 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 c. 76.
sre hereby repealed and annulled. * v'
II. And whereas in divers cities, towns, and boroughs the common nervation of lands and public stock of such cities, towns, and boroughs, and the an rights 0f rents and profits thereof, have been held and applied for the particular property ami benefit of the citizens, freemen, and burgesses of the said cities, towns, beneficial exad boroughs respectively, or of certain of them, or of the widows or eruptions to kindred of them, or certain of them, and have not been applied to pub- freemen, their hi purposes; be it therefore enacted, That every person who now is wives ami cr 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 i freeman or burgess of any borough if this act had not been passed, or irho 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 hereafter «pou«e 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, ind 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 ior 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 gums 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 »ife 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, (hall 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 Bort as he or she, by any statute, charter, bye-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 farther 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 iu respect of
No. V. the rights herein reserved as aforesaid, until he or she shall have pa 5 & 6 \V. 4, the full amount of such fine, fee, or sum of money to the treasurer c. 76. such borough, appointed under the provisions of this act, on account
v v 'the borough fund herein-after mentioned: Provided also, that nothii
in this act contained shall be construed to entitle any person to ai share or benefit of the rights herein reserved, who shall not have fit fulfilled every condition which, if this act had not passed, would ha been a condition precedent to his or her being entitled to the benefit such rights, so far as the same is capable of being fulfilled according the provisions of this act, or to strengthen, confirm, or affect any clair right, or title of any burgesses or freemen of any borough or body co porate, or of any person, to the benefit of any such rights as are herei before reserved, but the same in every case may be brought in questio impeached, and set aside in like manner as if this act had not bei
No freedom to HI- Provided always, That from and after the passing of this act, i bo acquired by person shall be elected, made, or admitted a burgess or freeman of ar giftorpurcha.se borough by gift or purchase.
IV. And whereas the right of voting in the election of members serve in parliament was by an act passed in the second year of the reig 2. W. 4 c. 45. °^ h's present Majesty, intituled An Act tn amend the Representation i the People of England and Wales, preserved to all persons who thf were or thereafter might become freemen or burgesses of any city < borough, subject to the conditions and provisions in that act containei Reservation of be it therefore enacted, That every person who if this act had not bee the parlia- passed would have enjoyed, as a burgess or freeman, or might hereaft* mentary fran- have acquired, in respect of birth or servitude, as a burgess or freemai chise to free- the right of voting in the election of a member or members to serve i mcn" parliament for any city or borough, shall be entitled to enjoy or acquii
such right of voting as fully as if this act had not been passed; and tl town clerk of every city or borough returning a member or members t parliament shall at all times hereafter do and perform all things appei taining to the due registration of the freemen or burgesses of such cit or borough according to the provisions of the said act. Freemen's roll V. That the town clerk of every borough shall on or before the fin to be made out day of December next make out a list, to be called " The Freemen and kept by the Roll," of all persons who at the time of the passing of this act shall ha\ town clerk. been admitted as burgesses or freemen of such borough; and thi whenever any person shall hereafter become entitled to be admitted burgess or freeman for the purposes aforesaid of such borough in re: pect of birth, servitude, or marriage, and shall claim to be admitte accordingly, the mayor of such borough shall examine into such clair and upon such claim being established every such person shall then upon be admitted and enrolled by the town clerk of such borough upo the freemen's roll; and the town clerk shall keep a true copy of sue roll, to be perused by any person without payment of any fee, at a reasonable times, and shall deliver a copy thereof to any person requirin 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 an be sty led mayor, borough the body or reputed body corporate named in the said schedule aldermen, and jn connexion with such borough shall take and bear the name of tli burgesses. mayor, aldermen, and burgesses of such borough, and by that nam shall have perpetual succession, and shall be capable in law, by the counc herein-after mentioned of such borough, to do and suffer all acts whic now lawfully they and their successors respectively may do and sufft by any name or title of incorporation j and the mayor of each of th said boroughs shall be capable in law to do and suffer all acts which th chief officer of such borough may now lawfully do and suffer, so far a the same respectively are not altered or annulled by the provisions t this act.
Boundaries. VII. That after the passing of this act the metes and bounds of *b of certain boroughs to be those settled by 2 & 3 VV. 4, c. 61.