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said apportionment thereof, the person so objecting to the payment thereof having first given security to the said court for the
payment of all costs and charges attendant thereon. Power to 4. And whereas certain payments, allowancesandexpencesauthoborrow and
rized by the said recited Act of His said late Majesty King William take up Money the Fourth may have been and may be made and incurred before at Interest for general
any general sewers rate can be recovered ; be it therefore enacted, Purposes. That it shall and may be lawful for the courts of sewers from time
to time to borrow and take up at interest any sum or sums of money for the several purposes aforesaid, or any of them; and the repayment of such sum and sums of money, with interest, shall from time to time be secured to the parties or party lending the same, their, his, or her executors, administrators, and assigns, upon or by virtue of a decree or ordinance under the hands and seals of the commissioners of sewers, or any six of them, (which decree and ordinance the said court is hereby required to make,) charging the general sewers rates, or any of them, to be raised
under and by virtue of this Act, with the payment of such sum Provision for and sums of money, with interest : Provided always, that it shall Repayment.
be provided, expressed, and declared in and by the said decree and ordinance that the sum or sums of money so borrowed and taken up as aforesaid shall be repaid within a time to be named in such decree or ordinance, not being a longer period than seven years from the making thereof, by equal annual or shorter instalments, together with the interest on the sum or sums so borrowed or taken up, or on such part thereof as shall from time to time remain due and unpaid; and the said last-mentioned decree or ordinance shall be and remain in full force and effect until such sum and sums of money, and all interest thereon, shall have been fully paid and satisfied ; any thing in the said recited Acts or this Act contained, or any custom or usuage, to the contrary notwith
standing. Courts of 5. And for facilitating the raising, securing, and paying off Sewers may
from time to time of the monies which it may be necessary so to grant Securi- raise and borrow as aforesaid, be it enacted, That it shall and may advancing
be lawful for any court of sewers from time to time to time to Money. grant securities, in the form of a certificate, under the hands and
seals of six of the commissioners, to each person who shall so advance any sum of money as aforesaid, setting forth the amount of the sum borrowed, the rate of interest payable for the same, the periods at which the said principal money shall be decreed to be paid off by instalments, and the particular general sewers rate which is to be charged with the repayment thereof; and that every such security or certificate shall be made in the following words, or by any other words to the same purport and effect :
ties to Persons
*BY virtue of an Act passed in the year of the reign of Her Majesty Queen Victoria, intituled [here insert the title of this Act),we, the undersigned, being six of the commissioners (here *insert the general description of the commission under which they act].
in consideration of the sum of of lawful money of Great ‘Britain to [here insert the name of the treasurer] lent and paid by
do hereby certify, that the several general sewers rates 'to be made and levied within [here insert the name of the district
or level] under and by virtue of the said Act are become charged
in every year, together with 'interest on such part of the said principal money as shall remain unpaid from time to time, at and after the rate of pounds 'per centum per annum, until the whole thereof shall be repaid ; 'which sum so lent and advanced by the said is part of a 'capital sum of
which, at a court of sewers holden at
last, was decreed and ordered to be taken up and bɔrrowed. In witness whereof we · have hereunto set our hands and seals the day of
6. And be it enacted, That every person, body politic, corpo- Securities may rate, collegiate, aggregate, or sole, who shall be entitled to the be transferred. money thereby secured, and his, her or their executors, administrators, and successors, may from time to time personally, or by attorney thereunto lawfully authorized, assign or transfer his, her, or their right, title, interest, or benefit to the said principal and interest money thereby secured to any person whatsoever, by endorsing on the back of such security, in the presence of one credible witness, who shall subscribe his name thereto, the following words, or words to the like effect : 'I [or We] A. B. of, &c. in consideration of the sum of
Form of 'to me this day paid by C. D. of &c., do hereby transfer the within Transfer. ' certificate of charge, with all my right and title to the principal
money thereby secured, and now remaining due thereon, and to all the interest money now due or hereafter to become due, unto
[his, her, or their] executors, administrators, successors, ‘and assigns (as the case may be]. Given under my hand and • seal this
i' Which transfer shall be produced and notified to the clerk for the Transfers to time being of the said commissioners, before the party holding the be produced to same transfer shall be entitled to receive any principal or interest the Clerk to due or owing as aforesaid ; and every such clerk shall make an
ers, and to be entry amongst the records of the said commissioners of the par- registered by ticulars of
such transfer, and indorse a minute of such entry him. upon the back of every such transfer, signed by such clerk and for which entry and minute he shall be entitled to a fee of five shillings, and no more.
7. And be it enacted, That it shall be lawful for any court of Courts of sewers, by and out of the rates and scots raised and to be raised Sewers may under or by virtue of any commission of sewers, to decree, order, recompence appoint, allow, and pay to any juryman summoned to attend and attending any court of sewers, such allowance and recom
pence for his expences and loss of time as to such court shall
seem just. Courts of 8. And be it enacted, That on all appeals from any rate made
under the authority of any commission of sewers it shall be lawful amend or quash Rate on
for the court before which such appeal shall be made, to amend Appeal.
such rate either by inserting therein or striking out therefrom the name or any person, or by altering the sum therein charged on any person, or in any other manner which the said court shall think just, without quashing ruch rate : Provided nevertheless, that if the court shall be of opinion that the rate should be quashed,
then the said court may quash the same. Rated Persons 9. And be it enacted, That no person rated or liable to be rated not incompe- to any tax, rate, or scot under or by virtue of any commission of tent Witnesses.
sewers, or any commissioner of sewers, shall be deemed an incom
petent witness before any court of sewers. How Chair- 10. And be it enacted, That if any difference shall arise upon man shall be the choice of a chairman at any court or meeting of commischosen.
sioners of sewers, such chairman shall be chosen by the majority of commissioners present thereat; and in case there shall be an equal number of votes upon such choice, then such one of the persons proposed whose name shall stand first in the commission under which such court or meeting is holden shall be the chairman thereof; and the chairman of every such court or meeting, in all cases of an equal number of votes upon any question or matter (including his own vote), shall have a casting or decisive
vote. Commission- 11. And be it enacted, That it shall be lawful for the commisers of Sewers sioners acting under any commission of sewers to hold courts and to hold Meet- meetings of commissioners of sewers at any place not being a greater ings.
distance than ten miles from any part of the limits or district
within their jurisdiction under such commission. Regulating 12. And be it enacted and declared, That in all cases when it Meetings of
hath happened or may hereafter happen that a sufficient number Commission
of commissioners of sewers to constitute a court or meeting shall ers of Sewers.
not have met or shall not meet on the day appointed for holding any such court or meeting, and in all cases where any such court or meeting shall not have been or shall not be duly adjourned by the majority of commissioners present thereat, it shall be lawful for any one or more of the commissioners named in such commission, by some writing under his or their hands, to appoint a court or meeting of such commissioners to be holden at such time and place as he or they may think fit, of which court or meeting ten clear days notice shall be given by advertisement inserted in some newspaper circulated in the county into which such commission shall run, and when the same shall run into more than one county, then in some newspaper circulated in each of such counties, and that the majority of commissioners present at any court or meeting (notwithstanding the whole number present be less than six) may adjourn and are hereby authorized and empowered to adjourn the same respectively to any future day and to such place as to them of the powers
may seem fit, and that the commissioners present at any court or meeting so appointed as aforesaid, or at any such adjourned court or meeting as aforesaid (the whole number present not being less than six), or the majority of them, shall and may exercise and perform all the powers, authorities, and duties vested in such commissioners under or by virtue of any commission of sewers.
13. And be it enacted, That nothing in this Act contained shall Saving Powers prevent any court of sewers from executing all or any
of Courts of
Sewers under and provisions usually heretofore exercised under or by virtue of
recited Acts. the said recited Acts, or any or either of them, or the law of sewers of old time accustomed.
14. And be it enacted, That all indemnities, immunities, and Indemnities, liabilities given to or imposed upon commissioners of sewers and &c. of 3 & 4 other persons in and by the said recited Act passed in the third W. 4, c. 22,
extended to and fourth years of his said late Majesty King William the Fourth
this Act. shall be deemed and construed to xtend to all persons acting in the execution of this Act.
15. And be it enacted, That nothing in this Act contained shall This Act not extend or be construed to extend to affect, alter, abridge, or inter- to prejudice fere with any local or private Act of parliament for sewers con- any Local Act. cerning any county, city, town, district, lands, or limits, or any commission of sewers in the county of Middlesex, within the distance of ten miles from the Royal Exchange in the city of London, except such parts of the said county as may lie within any commission of sewers for the county of Essex; or to affect, alter, abridge, or interfere with any navigable river, canal, port, or harbour under the management or power of any commissioners, trustees, or proprietors by virtue of any local or private Act of parliament; or to affect, alter, abridge, or interfere with any charter, law, usage, or custom in or concerning Romney Marsh in Kent, or the great level of the fens called Bedford Level, or any lands, banks, waters, watercourses, sluices, bridges, drains, or works belonging to or under the jurisdiction, power, or control of the commissioners of the North level and Portsand, in the counties of Cambridge, Northampton, and Lincoln, or of the commissioners of the Nene Outfall, in the counties of Cambridge, Lincoln and Norfolk, or of their committees respectively.
16. And be it enacted, That nothing in this Act contained shall Saving the extend or be construed to extend to repeal or in anywise affect, Rights of the alter, abridge, or interfere with the commissioners of sewers of the City of
London. city of London and liberties thereof, or the rights, powers, or privileges of the mayor and commonalty and citizens of the city of London, in relation to the sewers, drains, vaults, and bridges within the said city or liberties, or any Act or 'Acts heretofore passed for making, amending, defending, widening, altering, or cleansing the said sewers, drains, vaults, and bridges within the said city and liberties.
17. Provided always, and be it enacted, That nothing in this Guarding the Act contained shall prejudice, diminish, alter, limit, interfere with, Powers of the take away, control, or suspend, or be held or construed to preju- Commission: ers of Sewers dice, diminish, alter, limit, interfere with, take away, control, or for Westmin- suspend, any of the rights, privileges, jurisdictions, powers, and ster, &c.
authorities vested in or belonging to the commissioners of sewers for the city and liberty of Westminster and part of the county of Middlesex, but that all such rights, privileges, jurisdictions, powers, and authorities shall be as good, valid, and effectual as if this Act
had not been passed. Saving Rights 18. Provided always, and be it enacted, That nothing in this of Bedford Act contained shall extend or be construed to extend to abridge, Level Curpo- invalidate, lessen or diminish alter, or take away, any of the rights, ration.
powers, privileges, and authorities vested in the governor, bailiffs, and commonalty of the company of conservators of the great level of the fens called Bedford Level, or in the governor, bailiffs, and conservators of the Bedford Level corporation, by virtue of an Act passed in the fifteenth year of the reign of King Charles the Second, intituled An Aci for settling the Drainage of the Great Level of the lens called Bedford Levels, or by any other Act, statute, or charter, law of sewers, or otherwise howsoever ; but that all rights, powers, and authorities which are now vested in the said governor, bailiffs, and commonalty, or in the said governor, bailiffs, and conservators, and every or any of them, shall for ever hereafter remain, continue, and be in the said governor, bailiffs, and commonalty, and in the said governor, bailiffs, and conservators, and every of them, as fully and amply to all intents and purposes as if this Act had not been passed.
Exchequer Bills for public Works to complete the
“for improving the Navigation and Harbour of Tralee in the County of Kerry ;' and to extend the Time for that purpose.
[21st June, 1841.)
and amending the Laws for the Relief of Insolvent
[21st June, 1841.]
CAP. XLVIII. An Act to render certain Municipal Corporations rateable to the Relief of the Poor in certain Cases.
[21st June, 1841.] WHEREAS the municipal corporations of cities and boroughs named in the schedules (A.) and (B.) annexed to the Act passed