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with, without any conveyance thereof, vest in the
body so incorj>orated, or in the Commissioners
elected under the said Act of the ninth year of
King George the Fourth, where no such charter
shall have been granted, as the case may be ; and
in case such estate and accumulation shall so have
vested in such Commissioners under the said Act
of the ninth year of King George the Fourth, the
same shall be applied by such Commissioners in
aid of ihe rates to be levied by them under the
said Act ; and the suri)las thereof, if any. shall be
applied by them for the public benefit of the in-
habitants and improvement of the borough, until
such charter may at any time be granted ; and
upon the grant of any such charter, and the elec-
tion of a Council under its provisions, the powers
of the said Commissioners as to the said estate
shall cease, and all the said estate and any accu-
mulation thereof shall forthwith, without any con-
veyance thereof, vest in the body so incorporated.
19. And be it enacted, That on the twenty-
fifth day of October, one thousand eight hundred
and forty, in every borough named in the schedule
(I) to this Act annexed* in which any Commis-
sioners shall then have been elected under the said
Act passed in the ninth year of the reign of King
George the Fourth ; and on the twenty-fifth day
of October J one thousand eight hundred and forty-
one, in every borough named in the schedule (I)

» Page 363.

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Part II. 3.] Corporation Property, 345

to this Act annexed' in which any Commissioners • * * ^^^'
shall then have been elected under the said Act MuiricipAL
passed inlhe Session of Parliament held in the Sowbact
ninth year of the reign of King George the Fourth, i«40.
the real and personal estate of the body corporate
named in the said schedule (I)' in conjunction
with that borough shall forthwith vest in such
Commissioners ; and the rents and profits thereof, to be applied
after defraying all charges to which such rents or ^^ Jj^j^
profits may be liable, shall be applied by the Com- *••
missioners in aid of the rates to be levied by them
under the said Act, and the surplus thereof, if
any, shall be applied by them for the public
benefit of the inhabitants and improvement of the
borough ; and in any borough named in said sche- if no Moni-
dule (I)' in which there shall not have been XJi^^
dected on the day last mentioned any Commis- corponUoa
sioners under the said last-mentioned Act, the real to*T«!un
and personal estate of such body corporate shall ^*2"*"f °^
forthwith vest in the Guardians of the Poor of
the union in which such borough or the largest
part thereof shall be situate, and the rents and
profits thereof, after defraying all charges to which
such rents or profits may be liable, shall be applied *^ ^d^ofuT*
by the Guardians (subject to the control and poor rate* ;
according to the orders of the Poor Law Commis-
sioners), in aid of the rates to be levied by them
for the relief of the destitute poor in the electoral
district or districts of such union in which such
borough or any part thereof shall be situate, until
tiiere shall be elected in such borough any Com-
missioners under the said last-mentioned Act ; and ^^^ ^j^Li
upon the election of any Commissioners under the CommUaion-
add last-mentioned Act, all the said estate andJJimiS***
any accumulation thereof shall forthwith, without oiaotcd.
any conveyance thereof, vest in the Commissioners
elected under the said last-mentioned Act, and
shall be applied by such Commissioners in aid of
the rates to be levied by them under the said Act,
and the surplus thereof, if any, shall be applied
by them for the public benefit of the inhabitants
and improvement of the borough.

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346 Municipal CorporaUons Act, [Pabt II. 3.

3 * }o8 '^ [Section 32 provides, inter alia, that no person
Municipal shall be enrolled or vote, who, within twelve
twmTact c^endar months shall have received relief by order
1840. ' of any Board of Guardians, or of any paid oflBicer
to be appointed by virtue of the Act for the
relief of the poor.]
Ooeiipien.oii 33. And be it enacted. That in every borou^
to*b? "t^*'' ^* ^^^ ^ lawful for any person occupying any
for the relief house, warohouse, counting-house, or shop, to claim
whothoT**^ to be rated to the relief of the poor in respect of
landlord ia or guch premises respectively, whether the landlord
able : shall or shall not be liable to be rated to the relief

of the poor in respect thereof; and upon such
occupier so claiming, and actually paying or
tendering to the Collector thereof, or to the person
or persons entitled to receive the same, the full
amount of the last made rate then payable in
respect of such premises, the Guardians or other
persons charged with making any rate for the
relief of the destitute poor which shall or ought to
include such premises are hereby required to put
the name of such occupier upon the rate for the
time being ; and in case any such Guardians or
other persons shall neglect or refuse so to do, such
occupier shall nevertheless, for the purposes of
this Act, be deemed to have been rated to the
relief of the poor in respect of such premises, &om
the period at which the rate shall have been made
in respect of whidi he shall have so claimed to be
ProTiao; rated as aforesaid : Provided always, that where
ulShtTftlr ^y virtue of any Act of Parliament the landlord
pwrn^ not shall be liable to the payment of the rate for the
relief of the poor in respect of any premises occu-
pied by his tenant, nothing herein contained shall
be deemed to vary or discharge the liability of
such landlord ; but in case the tenant who shaU
hare been rated for such premises in oonsequence
of any such claim as aforesaid shall make default
in the pa3rment of the poor's rate payable in re-
spect thereof, such lancUord shall be and remain
liable for the payment thereof in the same manner
as if he alone had been rated in respect of ilie
premifleB so occupied by his tenant.

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Pabt IL 3.] Occupiers' Clainia to he rated, 347

34. And be it enacted, That where any ^^x^^^'
premises as aforesaid in any such borough, shall Mu'nicipai.
be jointly occupied by more persons than one, as ^Sas^kcr
owners or tenants, each of such joint occupiers i840.
aball, subject to the conditions herein-before con- whweTper-
tained as to persons occupying premises in any *^^ ocoupj
borough, be entitled to be enrolled as a burgess joSSfl^h
for such borough, or to vote as aforesaid, in respect J^JJ^od to i.o
of the premises so jointly occupied, provided that enroUcd u a
the value of such premises, to be ascertained and to ?ote •! p!»-
detennined as foresaid, shall be of an amoimt ^^'*'"*.^''.
which, when divided by the number of such occu- of sufficient
piers, shall give for each occupier a sum not less ^**"''
than the sum which would entitle such person to
he enrolled or to vote as aforesaid if he occupied
separately, but not otherwise.

38. And be it enacted. That after this Act ^«» '^^^ '•-

. . , , , coiTing taxes

.shall come into operation in any borough, the to b© opened
Guardians, Commissioners, Trustees, or other b^fore^aiJi
fiersons who shall be entitled to receive or to cause August in
to be collected any cess, rate, or tax the payment
whereof is required by this Act for the purpose of
entitling any occupier to be enrolled as a burgess
or to vote in any borough as aforesaid, or the
Collector of such cess, rate, or tax, — shall, one
calendar month at least before the thirty-first day
<il August in each year, open or cause to be opened,
in some convenient place within such borough, an
office for receiving payment thereat of such cess,
rate, or tax, and sliall cause such office to be kept
open for that purpose on every day {Sunday ex-
cepted) between the hours of ten of the clock in
the forenoon and four of the clock in the afternoon,
and shall cause a Collector or other officer to attend
at such office to receive such cess, rate, or tax ;
md in case no such office shall be so kept open, if office not
or in case such Collector or other officer shall not m'uniclijrj*
attend thereat for the purpose aforesaid, it shall f^'^*^ ^
be lawful for any occupier liable to any such cess, Trewurer or
rate, or tax to pay or tender the same to the Trea- OTm^''ooo«-
aurer of such borough, or, if there be no such pieru> be
Treasurer, to the Mayor ; and such payment or J^JJ"^ *"** "
tender shall be deemed a sufficient payment of such

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3i8 Municipal Corporations Act. [Part II. 3.

3 * J Vic. rate, cess, or tax, for the purpose only of entitling

Municipal the occupier 80 liable, and who shall have made

TmxTA^-. ^^^^ payment or tender, to be enrolled as a bur-

i«40. gess or to vote as aforesaid ; and the amount so

paid shall with all convenient speed be paid over

by such Treasurer or Mayor to the person entitled

to collect or receive such cess, rate, or tax ; and

the amount so paid shall thereupon be credited to

the occupier so liable, and who shall have so paid

ProTiM : the same : Provided always, that in case such

Treasurer or Mayor shall not so pay over the

amount so paid to him, and such occupier shall by

reason of such default of such Treasurer or Mayor

be compelled to pay the same or any part thereof

to the person entitled to collect or receive such

cess, rate, or tax, such occupier shall be entitled

to recover from such Treasurer or Mayor the

amount which he shall have so paid, -together

with a sum of one pound as a penalty for such

default, and to sue for and recover the same, with

costs, by civil bill, before the Recorder of such

borough, or before the Assistant Barrister having

jurisdiction within such borough.

Mayor or 46. And be it enacted, That every Mayor or

re*bing tho" Barrister holding any Court under this Act for the

^****' ^***^° revision of the said lists shall have power to ad-

qiire^thopro- journ the same from time to time, so that no such

rtto^i^ki, adjourned Court shall be held after the fifteenth

&c. ' day of October in any year, and shall have power

to require any High Constable, Churchwarden, or

other person authorized to applet, collect, or levy

any rate for the relief of the poor, cess, rate, or

tax, within the borough, or within any parish

wholly or in part within the borough, or other

person or persons having the custody of any book

of applotment or rate of valuation, to produce the

same, and allow the same to be inspected at any

Court to be held for the revision of the burgess

and to roll : and shall have power to administer an oath

•dmmister ^ ^^^ ^own Clerk and Churchwardens, and to all

persons claiming to be inserted in or making

objections to the omission or insertion of any

name in the said lists, and to all persons objected

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Pakt II. 3.] Corporation Property. 349

to in any of such lists, and to all persons claiming * * < vic.
to have any mistake in any such lists corrected, Mukiopal
and to aQ witnesses, who may be tendered or. ex- ^orpoba-

. , , .« , . TiONb Act,

amined on either side ; and if any person taking imo.
any oath or making any affirmation under this ^

Act, shall wilfully swear or affirm falsely, such
person shall be deemed guilty of perjury, and shall
be punished accordingly; and the Mayor and »nd to dct«-
Assessors or Barrister, shall, upon hearing in open 15^*11°.
Court, determine upon the validity of such claims **»«" ieiUed.
and objections ; and the Mayor or Barrister shall,
in open Court, write his initials against the names
respectively struck out or inserted, and against
any part of the ^said lists in which any mistake
shall have been corrected, and shall sign his name
to every page of the several lists so settled.

103. And be it enacted, That on the day" on Property of
which any body corporate named in conjunction SSJJJd'by"
with any borough in schedules (B)* and (I)', or this Act Tct-
either of them respectively, to this Act annexed, oipJcom-
shall be dissolved by virtue of this Act, all the JjJ"*^"JJ^ "
manors, advowsons, messuages, town halls, public onardiana,
and other buildings, lands, rents, hereditaments, ^**
leasehold estates, goods, chattels, money, debts,
stocks, funds, securities, personal estate and effects,
and all other property whatsoever and wheresoever,
and of what nature and kind soever, of or to
which any such body corporate, or any one or
more of the members of such body corporate in
his or their corporate capacity, is or are or shall
be seised or possessed or entitled for any estate or
interest whatsoever (except property held in trust
for any charitable uses or trusts in respect of
which other provisions are herein contained), and
all the estate, right, title, and interest of such
bodies corporate, member or members, — shall be
and the same are hereby vested in the body so in-
corporated in that borough where a charter shall
have been granted under this Act, or in the Com-
miasionerB elected under the said Act of the ninth
year of King George the Fourth, or in the Com-

• Page 863.

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350 Municipal Corporations Act, [Pabt IL 3,

3 * ^ Via missioners acting or to be elected in such borough
MuNiciPAi. respectively in pursuance of tliis Act, or in the
^f?w«"A i^ Guardians of the Poor of the union in which that

XIUNb AtX, i-i.. 1 ...

i!J4o. borough is situate, as the case may require, subject
to such mortgages, charges, debts, and incumbran-
ces, rents, contracts, covenants, and conditions, as
the same respectively shall then be subject or
liable to.
Dissolution 104. Provided always, and be it enacted. That
body'nat to the dissolution of any corporate body under this
tSe'to^* Act shall not aflfect the title to or continuance
carpo»t« of any estate or property of such corporate body,
property. ^^^ g^^j^ estate and property shall vest in and be
held by such Commissioners or such body to be so
incorporated as aforesaid respectively, as fully and
amply as the same might or would have been
vested in or held by such corporate body if such
corporate body had not been so dissolved.
Sams due to 105. And be it enacted. That every person
porltions^to *^^ body Corporate who, on the day preceding the
be paid to day on which any body corporate named in con-
tu>n or^oSS- junction with any borough in schedules (B)' and
^'^tmi t-^^* ^^ either of them respectively to this Act
bo : annexed, shall be dissolved by virtue of this Act,

shall owe any sum of money to such body cor-
poi*ate, — shall pay the same, together with all in-
terest (if any) due or to accrue due for the same,
to the body so incorporated, or to the Commis-
sioners acting or to be elected in such borough in
pursuance of this Act, or to such Guardians of
the Poor, as the case may from time to time
»ndrent«, require, or their Treasurer; and all rents and
•biobytto' siuns of money which on the same day shall be
■*™* '• due and payable, or then accruing due and payable,

to such body corporate, shall become and be due
and payable to the said body so incorporated, Com-
missioners, or Guardians of the Poor, and shall
and may be collected and recovered by the like
ways and means, and with the same penalties in
re^>ect thereof, and in like manner, as the body
corporate to whom the same respectively shall be

» rage 363.

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Pabt IL 3.] Corporation Property, 351

due or payable might have collected and recovered * * ^J"^
the same respectively if this Act had not been municipal
passed; and all conveyances, contracts, agree- Jxo^jtt-i.
ments, bonds, covenants, and securities made or is^o.
entered into before the day on which such body »nd ^
corporate shall be dissolved, to, with, or in favour *™<^ <»»■
of such body corporate, shall be (so far as the IS* b©**
same or any of th^oa would be good, valid, and <«^'>"«^
effectual, if this Act had not been passed, but not
otherwise,) good, valid, and effectual in favour of
the said body so incorporated, Comnussioners, or
Guardians of the Poor,, as the case may be, and
may be enforced in the same manner to all in-
tents and purposes, as such body corporate might
have enforced the same if this Act had not been
made.

106. And be it enacted. That every person PropOTty
and body corporate who, on the day preceding the' JJJ^j^
day on which any body corporate named in con- commiarion-
jnnction with any borough in schedules (B)* and djlni, *c"
(I)* or eith^ of them respectively to this Act JI^f^jQ*^
annexed, shall be dissolved by virtue of this Act, rabjcot to
ahall cl^ to be entitled, or would thereafter if jjj^^^
this Act had not been passed have become entitled, &o., of the
to any sum of money owing from or payable by c^IJtion.
such body corporate, or shall claim any ps^ of the
property of such body corporate in respect of any
mortgage, charge, conveyance, conti^t, agree-
ment, bond, covenant, or security which shall
have been made or entered into with or in favour
of him or them by such body corporate before the
same day, shall and may recover or enforce the
same as against the property of such body cor-
porate respectively by this Act vested in the said
body so incorporated. Commissioners, or Guardians
of the Poor, by the same actions, suits, remedies,
or proceedings against the said body so incor-
porated, Commiasiopers, or Guardians of the Poor,
and in the same manner as he or they respectively
might have recovered or enforced the same against
such body corporate respectively if this Act had



*• Page 3o3.



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352 Mitnicqxd Corporations Act, [Part U. 3.

"^ * jog**^" ^0** hoQTL made ; but the costs of the said body so
Municipal incorporated, Commissioners, or Guardians of the
xro^Ns ACT ^^^^^ i^ ^^y s^<^^ actions, suits, remedies, or
1840. ' other proceedings, shall be raised and paid out of
co«t~ *^® property of such body corporate respectively
hereby vested in them, in preference to any sum
of money, costs, damages, or expenses, claun, or
demand, in favour of any such person or body
ProTi <». corporate claiming as aforesaid : Provided always,
that no action or suit, or right of action or suit,
right of entry, possibility, clslm, or demand,pre8ent
or future, vested or not vested, by or against, of
or for, any such body corporate. Commissioners, or
Guardians of the Poor, nor any proceeding to
which such body corporate, Commissioners, or
Guardians of the Poor shall be parties or privies,
shall abate, be discontinued, or affected by any
dissolution, transfer of right or estate or other
matter or thing happening by reason of any of the
provisions of this Act, but that in every such
action, suit, or proceeding an entry or suggestion
as of record shall be made of the event so happen-
ing under this Act, from time to time, and there-
upon such action, suit, or proceeding shall be
carried on by or against such Commissioners,
Guardians of the Poor, or body so incorporated,
as fully as if no such dissolution, trausfer of right
or estate, matter or thing, had happened.
Municipal 107. And be it enacted. That it shall be law-

crTolur-*" ^^1 for any Commissioners, Guardians of the Poor,
diana. uro., qj. body SO incoi^poratod in any borough, to com-
to Kng and mencc and prosecute any actions, suits, or pro-
TOmpromif* c^ediugs for collecting and recovering the property
acUous, &e. ; of the body corporate named in the said schedules
(B)' and (I)' or either of them respectively to
this Act annexed, in conjuilction with such borou^
respectively ; and to discontinne or compromise
any such action, suit, or proceeding, and to allow
any time which they may think proper for pay-
ment of any money due and owing to them in
MMuatiiL^'o. >^^P®ct thereof; and also to pay any debt or sum

» Page 863.

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Part II. 3.] CorporaUon Property, 353

of money claimed to be due firom any such body • * ^^^
corporate and to be payable out of such property, MmncirAL
upon any OTidence -which they may think proper ^^J^^
to admit ; and to defend or compromise any action, i8<o.
suit, or other proceeding which may be brought
against them by virtue of this Act, and to adjust
and settle any account or accounts, depending be-
tween such body corporate and any person or any
other body corporate, and to submit to arbitration
any difference between such body corporate, or
the said Commissioners, Guardians of the Poor,
or body so incorporated, and any other person,
relating to the property of such body corporate,
and abide by and perform the award of any arbi-
trator respecting the same ; and to do, perform,
and execute all such deeds and things as they the
aaid Commissioners, Guardians of the Poor, or
body so incorporated respectively shall think ex-
pedient for ascertaining and collecting in the most
advantageous manner the property vested in them
by virtue of this Act, and settling all claims and
demands relating thereto : Provided always, that Ju°7<Sn«
the Guardians of the Poor shall not commence, not to pro-
prosecute, or defend any such action, suit, or pro- ^itho'at Poor
ceedinff, without the sanction of the Poor Law ^»^^"".
Commissioners. miction.

109. And be it enacted, That the said Com- Municipal

- . /. , , ,1 ^ T CommiMion-

missioners of every borough, or the Guardians, as ©«, Gu*r-
the case shall be, shall with all convenient speed ^j^*";^^^^
pay or make due provision for payment, out of the of corpora-
town fund of such borough, or out of the corporate ****"*
property or funds vested in the Guardians under
this Act, of the outgoings, rates, and charges pay-
able in respect of the property therein comprised,
and of all charges and incumbrances payable
thereout, and of all debts, annuities, pensions,
allowances, and sums of money payable by the
body corporate to whom the property comprised
in such town fund shall have J>elonged.

1 10. And be it enacted. That it shall be lawful Munidpai
for the said Commissioners of every borough, or, cSTou" -**"
with the consent of the Poor Law Commissioners, JJ*"*;^*^;;
for the Guardians, as the case shall be, frcm andiDrar*

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354 Municipal CorporcUions Act, [Part IL 3.

' * 108 '^ *^® ^ *^® ^ oause any repairs to be made to
MuKuupAi. any buildings or premises which they may think
riovT^AcT «3cpedient, and to insure any buildings from loss
U40. ' or damage by fire, and pay the expenses of such
bniidines : repairs and insurances out of the siod town fund ;
and inrctt and also to causo to be invested in their names or
rovo^^° in the name of their Treasurer, any monies form-
' ing part of any such town fund, in any stocks,
funds, or securities, and alter and vary such stocks,
funds, and securities as they shall think proper,
and in all other respects manage ihe property
c(Hnprised in every or any such town fiind, and
invest or dispose of the same and all revenues
thereof in such manner as they shall think most
advantageous.
Monieipai 111. And be it enacted. That it shall be law-

•iToiJSi**"" ^^ ^^^ ^® said Commissioners of any borough, or
dians. &o., the Guardiaus, as the case shall be, to appropriate
^te puWio wid settle any town hall, police office, or other
bo*lf ^T* ^" Public building in any town forming part of the
pubihf town fimd of such borough respectively, for the
S^"XrouS^. Purposes of a Court for the holding of Quarter
Sessions, or a Court of Record for civil actions, or
a Court of Conscienjce, or police station, or other
public use for ike benefit of the inhabitants of
such borough.
Connciif, 137. And be it enacted. That the Council of

Ac* to'Swa- ©v^ry such borough in which this Act shall be
inityoarij in Operation, and the Commissioners or Guar-
inooS»"«fl2d dians of the Poor of every town in which any
rxpenditore Commissioners or Guardians of the Poor shall
tenaSt In ^ act by virtuc of the provisions herein con-
Fobruary : taincd, shsll, before the first day of February in
each year, transmit to the Lord Lieutenant a state-
ment of all monies received and expended on
account of such Corporation or Commissioners or
Guardians of the Poor, (as the case may be,) under
this Act, or in anywise relating to tjxe borough
fimd or town fund of such borough within the
year preceding, which statement shall be prepared
in such form and manner as the Lord Lieutenant
shall direct ; and such accoimts shall refer and be
made up to the audit next before the first of



Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 31 of 90)