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in the sixth year of the reign of King William the Fourth, to provide for the regulation of municipal corporations in England and Wales, have been held not to be liable by law to be rated to the relief of the poor in respect of any lands, tenements, and hereditaments being the properties and in the occupation of such municipal corporations, by reason that the Income arising therefrom is applicable to public purposes only; and it is expedient that such municipal corporations should nevertheless in some cases be rateable and be rated to the relief of the poor in respect of such property : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and commons, in this present parliament assembled, and by the authority of the same, That the
Certain said municipal corporations named in the said schedules shall, from
Corporations and after the passing of this Act, be rateable and be rated to the rated to the relief of the poor in respect of lands, tenements, and hereditaments Poor. being the property and in occupation of such municipal corporations, as if such lands, tenements, and hereditaments were not corporate property, any law, usage, or custom to the contrary notwithstanding: Provided always, that where such property lies in any parish which is situate wholly within the boundaries and limits of a city or borough named in the said schedules, and in which city or borough the poor are relieved by one entire poor rate, or in which city or borough the poor within the boundaries or limits thereof as existing for municipal purposes at the time of passing the said Act were then relieved by one entire poor rate, the exemption of such property from rateability shall continue as if this Act had not passed.
2. And be it enacted, That any of the said municipal corpora- The said Cortions, being in the occupation of such lands, tenements, and porations to hereditaments as are herein-before described, shall be deemed and be deemed
beneficial taken to be beneficial occupiers thereof, for all the purposes of
Occupiers. rating, as if such occupation was for their own private advantage, and not for any public purposes or purpose, and shall be liable to be rated as such occupiers by their corporate style and title.
[21st June, 1841.j WHEREAS the Expence of maintaining, altering, widening, repairing, improving, and rebuilding County Bridges, and approaches thereto, is in some instances considerable, and it is expedient that the money required for that purpose should, in certain cases, be borrowed on security of the county rate : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, That when it shall appear to the Justices Justices at assembled at any general or quarter sessions of the peace to beholden Sessions may
borrow Money at any time after the passing of this Act in any county, Riding, or for repairing division in England or Wales, that the amount of any estimate County
approved by the said Justices for the upholding, maintaining, Bridges on the Credit of supporting, altering, widening, repairing, improving, or rebuilding the County of any county bridge or bridges, or the approaches thereto, or the
land arches connected therewith, which any county is legally bound to repair or maintain, shall exceed one fourth of the amount of the ordinary annual assessment for the rate of any county, riding, or division (such ordinary assessment to be taken on an average of such rate for the last seven years preceding,) it shall be lawful for the Justices in quarter sessions assembled from time to time to borrow and take up on mortgage of such rate, by instrument in the from contained in the schedule to this Act annexed marked (A.,) or to the like effect, any sum of money not exceeding the amount of such estimate, in sums not less than fifty pounds each each, at interest, as to the said Justices shall appear necessary and expedient for the purposes aforesaid and to secure every such sum of money so borrowed
the credit of the said ratc; and it shall and may be lawful for the Justices so assembled and they are hereby authorized to treat and agree with any person for the loan of any such sums of money, and by their order to confirm every
such Justices may
agreement; and every such agreement, signed by the chairman
and two or more other Justices present at time of making such Persons for Loans.
order, shall be and the same is hereby declared to be effectual for securing every sum of money so advanced, with interest
thereon, to the person or persons advancing the same, on such Copies of
terms as in and by such agreement shall be stipulated; and copies Agreements to
or extracts of all such agreements shall be kept by the clerk of be kept by the the peace; and it shall and may be lawful for every person who Peace.
shall be entitled to the money thereby secured, and such person is hereby empowered, by endorsing his name on the back of such security, to transfer the same, and his right to the principal money and interest thereby secured,
person; and every such assignee may in like manner transfer the same again, and so toties quoties; and the person to whom such security, or any such assignment thereof, shall be made, and his executors, administrators, and assigns, shall be creditors upon the said rate in an equal degree one with another, and shall not have any preference with respect to the
priority of any monies so advanced. Justices may
2. And be it enacted, That it shall and may be lawful for the charge the
said Justices and they are hereby authorized and required to charge County Rate the rate to be raised upon such county, riding, or division, not only with Interest
with the interest of the money so borrowed, but also with the on the Money borrowed and payment of such further sum as shall insure the payment of the such further whole of the sum borrowed within fourteen years from the time of sum as shall borrowing the same; and such sums shall be assessed on the county, insure the Re- riding, or division in such manner as county rates are directed to be payment there
assessed under the laws in force for that purpose, and shall be paid of in fourteen Years. and applied under the direction of the Justices, in discharge of the
interest and of so many of the principal sums on the said securities as
such money will extend to discharge in each year, until the whole of the money for which such securities shall be made, and the interest thereof, shall be fully paid and discharged; and the Justices shall and they are hereby required to fix one or more day or days in each year on which such payment shall be made, and shall make orders for assessments in due time, so as to provide for the regular payment thereof; and such Justices shall also and they are hereby required to Books to be appoint a proper person to keep an exact and regular account of all kept of Rethe receipts and payments under the authouity of this Act, in a book ceipts and or books, separate and apart from all other accounts, and the same
Payments. to adjust and settle in such manner that it may easily be seen what interest is growing due, and what principal money has been discharged, and what remains due, and the books or book so adjusted and settled to deliver into court at any general or quarter sessions to be held for such county, riding, or division ; and the Justices shall also and they are hereby required at every such sessions carefully to inspect all such accounts, and to make orders for carrying the purposes of this Act into execution, in such manner as to them shall seem meet; and the Justices so assembled in sessions as aforesaid shall direct in what order shall securities shall be discharged, by drawing lots or otherwise, as they shall think fit, taking care to discharge, in the first place, all such securities as shall bear the highest rate of interest.
3. Provided always, and be it enacted, That the Justices shall Notice to be not make any order for the borrowing money upon mortgage of given of the rate for any of the purposes aforesaid, unless a notice in writing
Money on of the intention to make the application, signed by two at least
Mortgage of of the Justices usually acting in and for the division within which the County the bridge in question is situated, shall have been given to the clerk Rate. of the peace four weeks previous to the holding of the sessions at which such application is intended to be inade, and shall also have been published in the newspaper or newspapers in which notice of holding the quarter sessions is usually published, together with such last-mentioned notice.
4. And be it enacted, That an Act passed in the sixth year of Powers of the reign of His Majesty King George the Fourth, intituled An 6 G. 4, c. 40, Act to enable Justices of the Peace in England, in certain Cases, to
this Act. borrow Money on Mortgage of the Rate of the County, Riding, or Place for which such Justices shall be then acting, and the several clauses, powers, and provisions in the said recited Act contained relating to the paying off of any debt or debts, and the borrowing of any money for such purpose, shall and may be applied in the paying off any money borrowed under the provisions or for the purposes of this Act, as fully and effectually as if such clauses, powers, and provisions were repeated and re-enacted in this Act,
5. And be it enacted, That this Act may be amended or repealed Act may be by any Act to be passed in this present session of parliament. altered this
SCHEDULE to which this Act refers.
(A.) Form of Mortgage and Charge upon the County Rate for securing
WE, A. B., one of Her Majesty's Justices of the Peace and chairman of the court of quarter sessions of the peace holden at
for the county, et cætera of
[as the Case may be,] C. D. and E. F. Esquires, two other of Her Majesty's Justices of the peace acting for the said county, et cætera, and assembled in the said court, in pursuance of the powers to us given by an Act passed in the fourth year of the reign of Her Majesty Queen Victoria, intituled et cætera [insert the Title of this Act,] do hereby in open court mortgage and charge all the rates to be raised within the said county, et cætera [as the Case may be,] under the description of county rates, by the laws now in being, with the payment of the sum of which G. H. of
hath proposed and agreed to lend, and hath now actually advanced and paid, towards defraying the expences of upholding, maintaining, supporting, altering, widening, repairing, improving, or rebuilding (as the Case may be] a certain county bridge at
or certain county bridges at
[as the Case may be] in the said county, and the approaches thereto (as the Case may be] in the said county, et cætera, and we do hereby assign the same unto the said G. H., his executors, administrators and assigns, for securing the payment of the sum of and interest for the same after the rate of per centum per annum,
and do order the treasurer for the said county, et cætera, or other Person, [as the Case may be,] pay the interest of the said sum of
half-yearly as the same shall become due, until the principal shall be discharged, pursuant to thə directions of the said Act.
CAP. L. An Act to make further Provision relative to the Returns
to be made by Banks of the Amount of their Notes in Circulation.
[21st June, 1841.]
the Fourth, for regulating Turnpike Roads in England,
to Highways in England. [21st June, 1841.] WHEREAS by an Act passed in the third Year of the reign of King George the Fourth, intituled An Act to amend the general G. 4, c. 126. Laws now in being for the regulating Turnpike Roads in that Part of Great Britain called England, it is amongst other things enacted,
that it shall not be lawful for any surveyor, or any other person or persons acting under the authority of this Act, to dig, gather, get, take, or carry away any materials for making or repairing any turnpike road, or for other such purpose or purposes as aforesaid out of or from any inclosed land or ground, until notice in writing signed by the surveyor, shall have been given to the owner or owners of the premises from which such materials are intended to be taken, or his or her known agent, or to the occupiers of the premises from which such materials are intended to be taken, or left at the house or last or usual place of abode of such owner or occupier, to appear before any two or more Justices of the Peace acting in and for the county, liberty, or place where the lands from whence such materials are intended to be taken shall be, to show cause why such materials shall not be had therefrom; and in case such owner, agent, or occupier shall attend pursuant to such notice, but shall not show sufficient cause to the contrary, such Justices shall, if they think proper, authorize such surveyor or other person to dig, get, gather, take, or carry away such materials, at such time or times as to such Justices shall scem proper; and if such owner, agent, or occupier shall neglect or refuse to appear, by himself or herself, or his or her agent, the said Justices shall and may (upon proof on oath of the service of such notice, and which oath they are hereby empowered to administer,) make such order therein as they shall think fit, as fully and effectually to all intents and purposes, as if such owner or occupier, or his or her agent, had attended : And whereas by an Act passed in the session held in the fifth and sixth years of the reign of King William the Fourth, intituled An Act to consoli- 5 & 6 W. 4, date and amend the Laws relating to Highways in that Part of c. 50. Great Britain called England, it is amongst other things enacted, “ that it shall not be lawful for any surveyor, or any other
person acting under the authority of this Act, to dig, gather, get, take, or carry away any materials for making or repairing any highway out of or from any inclosed land or ground, until one calendar month's notice in writing, signed by the surveyor, shall have been given to the owner of the premises from which such materials are intended to be taken, or to his known agent, and to the occupier of the premises from which such materials are intended to be